Journal of the House of Representatives of the State of Georgia at the regular session commenced at Atlanta Monday, January 8, 2007 and adjourned Friday Apr. 16, 2007

JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 8, 2007 and adjourned Friday, April 20, 2007
VOLUME I
2007 Atlanta, Ga. Printed on Recycled Paper

OFFICERS
OF THE
HOUSE OF REPRESENTATIVES
2007-2008
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
PHIL TUCKER ............................................................................................. Doorkeeper DOUGLAS 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
MICHAEL BOZEMAN .....................................................Assistant Clerk for Enrolling DEKALB COUNTY
CIARA BROWN.......................................Assistant Clerk for Roll Call Operations and Administrative Services
DOUGLAS COUNTY
MOLLY CHAMBERS.................................... Assistant Clerk for Information Systems CHEROKEE COUNTY
MORGAN MCGRADY........................................ Assistant Clerk for Bill Maintenance FULTON COUNTY
SARA RELAFORD ......................................................... Assistant Clerk for Bill Status DEKALB COUNTY

MONDAY, JANUARY 8, 2007

1

HOUSE JOURNAL

Representative Hall, Atlanta, Georgia
Monday, January 8, 2007
The Representatives-elect of the General Assembly of Georgia for the years 20072008 met pursuant to law in the Hall of the House of Representatives at 10:00 o'clock, A.M., this day and were called to order by Robert E. Rivers, Jr., Clerk of the House of Representatives.
Prayer was offered by Pastor Steve Schofield, Dallas First United Methodist Church, Dallas, Georgia.

The members pledged allegiance to the flag.

The following communication from the Honorable Cathy Cox, Secretary of State, certifying the Representatives-elect for the years 2007 - 2008, was received and read:

The State of Georgia Office of Secretary of State

I, Cathy Cox, Secretary of State of the State of Georgia, do hereby certify that the attached eight (8) pages of typewritten matter constitute a true and correct list of State Representatives in the General Assembly of Georgia in the 2006 General Election held on November 7, 2006; all as same appear of file and record in this office.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 5th day of January, in the year of our Lord Two Thousand and Seven and of the Independence of the United States of America the Two Hundred and Thirty-First.

(SEAL)

/s/ Cathy Cox Secretary of State

James (Jay) Wilson Neal, Jr. Martin J. Scott Ronald Lee Foster William Roger Williams

State Representative, District 1 State Representative, District 2 State Representative, District 3 State Representative, District 4

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JOURNAL OF THE HOUSE

John D. Meadows, III Thomas S. Dickson David Ralston Charles Francis Jenkins Hinton "Amos" Amerson Ben D. Bridges, Sr. Barbara Massey Reece John Thomas Graves, Jr. Katie M. Dempsey Barry Dean Loudermilk Jeff Lewis James R. "Rick" Crawford Howard Richard Maxwell John Mark Butler James Glenn Richardson Charlice H. Byrd J. Calvin Hill Sean Jerguson Mark D. Hamilton Thomas Patrick Knox James Willard Mills, Jr. Carlton Wellborn Rogers, Sr. Douglas A. Collins Mary Jeanette Jamieson Alan T. Powell Thomas Allen McCall Thomas Housch Benton Judith Gail Manning Don Edwin Wix Richard Marshall Golick Leonard Edwin Setzler Earl Ehrhart Terry Johnson R. Steve Tumlin, Jr. Alisha Thomas Morgan Robert Brandon Teilhet Sharon Cooper Don L. Parsons Robert L. Franklin, Jr. Sheila Jones Matthew Kelly Dollar Jan Slaughter Jones Charles E. Martin, Jr.

State Representative, District 5 State Representative, District 6 State Representative, District 7 State Representative, District 8 State Representative, District 9 State Representative, District 10 State Representative, District 11 State Representative, District 12 State Representative, District 13 State Representative, District 14 State Representative, District 15 State Representative, District 16 State Representative, District 17 State Representative, District 18 State Representative, District 19 State Representative, District 20 State Representative, District 21 State Representative, District 22 State Representative, District 23 State Representative, District 24 State Representative, District 25 State Representative, District 26 State Representative, District 27 State Representative, District 28 State Representative, District 29 State Representative, District 30 State Representative, District 31 State Representative, District 32 State Representative, District 33 State Representative, District 34 State Representative, District 35 State Representative, District 36 State Representative, District 37 State Representative, District 38 State Representative, District 39 State Representative, District 40 State Representative, District 41 State Representative, District 42 State Representative, District 43 State Representative, District 44 State Representative, District 45 State Representative, District 46 State Representative, District 47

MONDAY, JANUARY 8, 2007

3

Harry C. Geisinger Wendell K. Willard Joseph Mark Burkhalter Thomas Robert Rice Joseph B. Wilkinson, Jr. Lanett L. Stanley-Turner Edward H. Lindsey, Jr. Mable "Able" Thomas Kathy B. Ashe Patricia Park Gardner Robbin Kay Shipp Margaret Denson Kaiser Georganna T. Sinkfield Bob Holmes Joe Heckstall Tyrone Brooks Roger B. Bruce Sharon Beasley Teague Virgil Lee Fludd William A. Hembree Timothy James Bearden Randall Otis Nix Lynn Ratigan Smith William S. Horne Daniel Joseph Lakly John Yates Roberta Abdul-Salaam Celeste Rosalie Johnson Michael Eugene Glanton, Sr. Darryl Wiggins Jordan Wade Starr Francis R. Millar Michael Jacobs Jill E. Chambers Kevin Noah Levitas Mary Margaret Oliver Stacey Yvonne Abrams Stephanie Stuckey Benfield Karla L. Drenner Michele Henson Billy Mitchell Earnest "Coach" Williams Howard Mosby

State Representative, District 48 State Representative, District 49 State Representative, District 50 State Representative, District 51 State Representative, District 52 State Representative, District 53 State Representative, District 54 State Representative, District 55 State Representative, District 56 State Representative, District 57 State Representative, District 58 State Representative, District 59 State Representative, District 60 State Representative, District 61 State Representative, District 62 State Representative, District 63 State Representative, District 64 State Representative, District 65 State Representative, District 66 State Representative, District 67 State Representative, District 68 State Representative, District 69 State Representative, District 70 State Representative, District 71 State Representative, District 72 State Representative, District 73 State Representative, District 74 State Representative, District 75 State Representative, District 76 State Representative, District 77 State Representative, District 78 State Representative, District 79 State Representative, District 80 State Representative, District 81 State Representative, District 82 State Representative, District 83 State Representative, District 84 State Representative, District 85 State Representative, District 86 State Representative, District 87 State Representative, District 88 State Representative, District 89 State Representative, District 90

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JOURNAL OF THE HOUSE

Stanley K. Watson Pamela S. Stephenson Ron Sailor, Jr. Randal Mangham Robert F. Mumford Pedro R. Marin Brooks P. Coleman, Jr. Bobby Clifford Reese Hugh Floyd Brian Thomas Michael Todd Coan John Clayton Cox David Samuel Casas John Wilson Heard Donna H. Sheldon Melvin Jerome Everson Roland Lenwood Walker Terry Lamar England Steven Scott Davis John R. Lunsford Jeffrey Scott May Douglas James Holt Robert H. (Bob) Smith, Sr. Keith G. Heard Douglas C. McKillip Robert Melvin (Mickey) Channell Barry Abbott Fleming Ben Lewis Harbin Barbara Sims William Quincy Murphy Henry Wayne Howard Hardie Davis Gloria J. Frazier Helen G. 'Sistie' Hudson James M. "Jim" Cole David Wayne Knight Robert Mallory (Mack) Crawford Carl Von Epps Vance Smith, Jr. Debbie Gignilliat Buckner Richard H. Smith Calvin Smyre Carolyn F. Hugley

State Representative, District 91 State Representative, District 92 State Representative, District 93 State Representative, District 94 State Representative, District 95 State Representative, District 96 State Representative, District 97 State Representative, District 98 State Representative, District 99 State Representative, District 100 State Representative, District 101 State Representative, District 102 State Representative, District 103 State Representative, District 104 State Representative, District 105 State Representative, District 106 State Representative, District 107 State Representative, District 108 State Representative, District 109 State Representative, District 110 State Representative, District 111 State Representative, District 112 State Representative, District 113 State Representative, District 114 State Representative, District 115 State Representative, District 116 State Representative, District 117 State Representative, District 118 State Representative, District 119 State Representative, District 120 State Representative, District 121 State Representative, District 122 State Representative, District 123 State Representative, District 124 State Representative, District 125 State Representative, District 126 State Representative, District 127 State Representative, District 128 State Representative, District 129 State Representative, District 130 State Representative, District 131 State Representative, District 132 State Representative, District 133

MONDAY, JANUARY 8, 2007

5

Michael Arthur Cheokas Lynmore James Anthony Edward Sellier Allen M. Peake Nikki T. Randall David E. Lucas Allen Gregory Freeman Bobby Eugene Parham Jimmy Lord DuBose Porter Jimmy Homer Pruett, Jr. Willie Talton Lawrence E. O'Neal, Jr. Johnny W. Floyd Robert P. Hanner Gerald E. Greene Winfred Dukes Freddie K. Powell Sims Eugene Edward Rynders, Jr. James Austin Scott James (Jay) Hugh Roberts Gregory Adam Morris Larry J. "Butch" Parrish Jon Guerry Burns Robert Emory Lane Earl Leroy "Buddy" Carter Robert B. Bryant, Sr. Lester George Jackson, III Joseph Craig Gordon Cecil Burke Day, Jr. James Ronald Stephens (Al) Cyril Algernon Williams Terry E. Barnard Roger B. Lane Tommy Ray Smith Charles (Chuck) Neil Sims, Jr. Lillian Penelope (Penny) Houston A. Richard Royal Eugene Talmadge Maddox Michael Huel Keown, Sr. Calvin Ellis Black Amy Alexander Carter James (Jay) S. Shaw

State Representative, District 134 State Representative, District 135 State Representative, District 136 State Representative, District 137 State Representative, District 138 State Representative, District 139 State Representative, District 140 State Representative, District 141 State Representative, District 142 State Representative, District 143 State Representative, District 144 State Representative, District 145 State Representative, District 146 State Representative, District 147 State Representative, District 148 State Representative, District 149 State Representative, District 150 State Representative, District 151 State Representative, District 152 State Representative, District 153 State Representative, District 154 State Representative, District 155 State Representative, District 156 State Representative, District 157 State Representative, District 158 State Representative, District 159 State Representative, District 160 State Representative, District 161 State Representative, District 162 State Representative, District 163 State Representative, District 164 State Representative, District 165 State Representative, District 166 State Representative, District 167 State Representative, District 168 State Representative, District 169 State Representative, District 170 State Representative, District 171 State Representative, District 172 State Representative, District 173 State Representative, District 174 State Representative, District 175 State Representative, District 176

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JOURNAL OF THE HOUSE

John Mark Hatfield Mark P. Williams Jerry L. Keen Cecily A. Hill

State Representative, District 177 State Representative, District 178 State Representative, District 179 State Representative, District 180

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

Abdul-Salaam Abrams Amerson Ashe Barnard Bearden Beasley-Teague Benfield Benton Black Bridges Brooks Bruce Bryant Buckner Burkhalter Burns Butler Byrd Carter, A Carter, B Casas Chambers Channell Cheokas Coan Cole Coleman Collins Cooper Cox Crawford, M Crawford, R Davis, H Davis, S Day

Dempsey Dickson Dollar Drenner Dukes Ehrhart England Epps Everson Fleming Floyd, H Floyd, J Fludd Forster Franklin Frazier Freeman Gardner Geisinger Glanton Golick Gordon Graves Greene Hamilton Hanner Harbin Hatfield Heard, J Heard, K Heckstall Hembree Henson Hill, C Hill, C.A Holmes

Holt Horne Houston Howard Hudson Hugley Jackson Jacobs James Jamieson Jenkins Jerguson Johnson, C Johnson, T Jones, J Jones, S Jordan Kaiser Keen Keown Knight Knox Lakly Lane, B Lane, R Levitas Lewis Lindsey Lord Loudermilk Lucas Lunsford Maddox Mangham Manning Marin

Martin Maxwell May McCall McKillip Meadows Millar Mills Mitchell Morgan Morris Mosby Mumford Murphy Neal Nix Oliver O'Neal Parham Parrish Parsons Peake Porter Powell Pruett Ralston Randall Reece Reese Rice Roberts Rogers Royal Rynders Sailor Scott, A

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

The following communications were received:

State of Georgia Office of the Governor
Atlanta 30334-0900

MONDAY, JANUARY 8, 2007

7

May 9, 2006
The Honorable Glen Richardson Speaker of the House of Representatives 332 State Capitol Atlanta, Georgia 30334
Dear Speaker Richardson:
I have vetoed House Bills 491, 809, 1164, 1168, 1182, 1259, 1272, 1350, 1436, 1469, 1544 and 1646, which passed the General Assembly in the 2006 Regular Session.
Article III, Section V, Paragraph XIII of the Georgia Constitution requires that I transmit these bills to you together with the reasons for such vetoes. These bills and corresponding reasons for the vetoes are attached.
Sincerely,
/s/ Sonny Perdue Governor
SP:jht
Enclosure
cc: The Honorable Mark Taylor, Lieutenant Governor The Honorable Cathy Cox, Secretary of State The Honorable Thurbert E. Baker, Attorney General Mr. Robert E. Rivers, Jr., Clerk of the House of Representatives Mr. Robert F. Ewing, Secretary of the Senate Mr. Sewell R. Brumby, Legislative Counsel
State of Georgia Office of the Governor
Atlanta 30334-0900
May 9, 2006
The Honorable Mark Taylor President of the Senate 240 State Capitol Atlanta, Georgia 30334

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JOURNAL OF THE HOUSE

The Honorable Eric Johnson President Pro Tempore 321 State Capitol Atlanta, Georgia 30334
Dear Lieutenant Governor Taylor and Senator Johnson:
I have vetoed Senate Bills 27, 95, 236, 533, 578, 670 and 675, which passed the General Assembly in the 2006 Regular Session.
Article III, Section V, Paragraph XIII of the Georgia Constitution requires that I transmit these bills to you together with the reasons for such vetoes. These bills and corresponding reasons for the vetoes are attached.
Sincerely,
/s/ Sonny Perdue Governor
SP:jht
Enclosure
cc: The Honorable Glenn Richardson, Speaker of the House of Representatives The Honorable Cathy Cox, Secretary of State The Honorable Thurbert E. Baker, Attorney General Mr. Robert E. Rivers, Jr., Clerk of the House of Representatives Mr. Robert F. Ewing, Secretary of the Senate Mr. Sewell R. Brumby, Legislative Counsel
VETO NUMBER 1
House Bill 491 HB 491 is local legislation applicable to Towns County. The sponsor of the bill and the Towns County Commissioner have requested that it be vetoed. I therefore VETO HB 491.
VETO NUMBER 2
House Bill 809 HB 809 would affect the Superior Court Clerks' Retirement System and would allow a member to change his or her retirement benefits election retroactively. In order to maintain the integrity and actuarial soundness of our retirement plans, these elections must be irrevocable. Due to the wide-ranging ramifications to this and other

MONDAY, JANUARY 8, 2007

9

retirement systems, signing this bill would not be fiscally sound policy for our retirement systems. I therefore VETO HB 809.
VETO NUMBER 3
House Bill 1164 HB 1164 requires that the state budget for the anticipated expenditures for pending judicial decrees or settlements, attorneys' fees and costs, and the costs of special masters, monitors, auditors, and accountability agents. Disclosure of anticipated costs and fees during the pendancy of contested matters in which the state is a party or anticipates becoming a party would have the unintended effect of compromising the state's legal position in the defense or prosecution of those matters and could result in further costs to the taxpayers of the state. I therefore VETO HB 1164.
VETO NUMBER 4
House Bill 1168 HB 1168 allows wineries to obtain a floating license, in addition to four other licenses issued for specific locations, for use at different festivals. In addition, this bill allows wineries to sell beer and liquor at tasting rooms and festivals. Traditionally, alcohol licenses are attached to the location where the alcohol is sold, not the person seeking to sell the alcohol. Attaching the license to the person would inhibit the ability to enforce the lawful sales of alcohol. I therefore VETO HB 1168.
VETO NUMBER 5
House Bill 1182 HB 1182 provides a time-limited sales and use tax exemption to a qualifying hall of fame. Because the original purpose for which this bill was passed is no longer a viable state economic development option, I VETO HB 1182.
VETO NUMBER 6
House Bill 1259 The existing definition of "private detective business," continued in this bill, in conjunction with the applicable exemptions in the law, fails to exclude from the private investigator licensing requirement many professions that collect information or may be called as expert witnesses in court proceedings. To expand the penalty from a misdemeanor to a felony without revision of the existing definitions in the law could result in unintended consequences; I therefore VETO HB 1259.
VETO NUMBER 7
House Bill 1272 This bill amends the sales and use tax exemption applicable to nonprofit hospitals to include nonprofit licensed nursing homes among other nonprofit health clinics and treatment facilities. The bill contains a sunset provision of June 30,

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2008. Because of the unintended consequence of providing a sunset provision applicable to the entities that presently receive this sales and use tax exemption, I VETO HB 1272.
VETO NUMBER 8
House Bill 1350 HB 1350 is local legislation applicable to Oconee County. The sponsor of the bill and the Oconee County Board of Commissioners have requested that it be vetoed. I therefore VETO HB 1350.
VETO NUMBER 9
House Bill 1436 Because HB 1436 allows for transport of single, partially consumed bottles of wine in a latched, but unlocked, compartment of a vehicle, this legislation would put Georgia in noncompliance with federal open container regulations, causing up to three percent of the state's highway construction funds to be at risk. I therefore VETO HB 1436.
VETO NUMBER 10
House Bill 1469 HB 1469 is local legislation applicable to the Town of Willacoochee. Members of the General Assembly have requested that it be vetoed. I therefore VETO HB 1469.
VETO NUMBER 11
House Bill 1544 HB 1544 is local legislation applicable to Rockdale County. This legislation is not consistent with statewide law. I therefore VETO HB 1544.
VETO NUMBER 12
House Bill 1646 HB 1646 is local legislation applicable to Dodge County. A member of the Dodge County legislative delegation and the Dodge County Board of Commissioners have requested that it be vetoed. I therefore VETO HB 1646.
VETO NUMBER 13
Senate Bill 27 SB 27 exempts private historical military vehicles from the requirement to display a license plate on the vehicle. License plates are a necessary and effective public safety tool for law enforcement. Providing exceptions to this requirement based on the type of vehicle driven on our state highways is contrary to the state's responsibility to provide for the public's safety. I therefore VETO SB 27.

MONDAY, JANUARY 8, 2007

11

VETO NUMBER 14
Senate Bill 95 Among other things, SB 95 creates a licensure board for soil scientists. The Environmental Protection Division of the Department of Natural Resources and the Department of Human Resources already regulate soil quality issues relevant to the permitting of septic tank and wastewater and sewer systems. I am unwilling to erect complex new regulatory schemes that create additional burdens and expenses to Georgia citizens. I therefore VETO SB 95.
VETO NUMBER 15
Senate Bill 236 SB 236 provides health care coverage to currently ineligible individuals. Pursuant to this bill, these non-employee recipients will subject the taxpayers of this state to the liability for the employers' contribution without the reciprocal benefit of the services of that employee. Such a tradeoff is detrimental to the continued viability and financial stability of the State Health Benefit Plan. I therefore VETO SB 236.
VETO NUMBER 16
Senate Bill 533 SB 533 seeks to clarify current living will provisions relative to those conditions for which a person may request that life sustaining measures be withheld or withdrawn. The sponsor, however, has requested that the bill be vetoed because of the unintended consequences of language in the bill. I therefore VETO SB 533.
VETO NUMBER 17
Senate Bill 578 SB 578 attempts to remedy double inspections currently required of waste tank trucks that haul both septic and commercial wastes. I agree with the intent of the legislation; however, there are unintended consequences to the way the legislation was drafted that will financially burden local governments with an unfunded mandate. This problem can be addressed administratively. I therefore VETO SB 578.
VETO NUMBER 18
Senate Bill 670 SB 670 is local legislation applicable to Clayton County. Members of the Clayton County legislative delegation and the Clayton County Board of Commissioners have requested that it be vetoed. I therefore VETO SB 670.
VETO NUMBER 19
Senate Bill 675 SB 675 is local legislation applicable to Clayton County. Members of the Clayton County legislative delegation and the Clayton County Board of Commissioners have requested that it be vetoed. I therefore VETO SB 675.

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House of Representatives State Capitol, Room 109 Atlanta, Georgia 30334
January 4, 2007
The Honorable Glenn Richardson Speaker, House of Representatives 332 State Capitol Atlanta, Georgia 30334
Dear Speaker Richardson:
By copy of this letter I am certifying that the following members of the House Republican Caucus were elected to the following leadership positions:
Jerry Keen - Majority Caucus Leader Barry Fleming - Majority Caucus Whip Jay Roberts - Majority Caucus Chairman Donna Sheldon - Majority Caucus Vice Chair Jeff May - Majority Caucus Secretary
Please contact me should you need any additional information.
Sincerely,
/s/ Jay Roberts Majority Caucus Chairman
cc: Robbie Rivers, Clerk of the House
The following oath of office was administered to the Representatives-elect by Judge Kenneth G. Vinson, Judge of Superior Court, Paulding Judicial Circuit.
"I do hereby solemnly swear or affirm that I will support the Constitution of this State and of the United States and, on all questions and measures which may come before me, I will so conduct myself, as will, in my 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

MONDAY, JANUARY 8, 2007

13

Constitution and the laws of this state, and that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia.

SO HELP ME GOD.

LOYALTY OATH

I am a citizen of the State of Georgia and a member of the General Assembly and the recipient of public funds for services rendered as such officer and I do hereby solemnly swear and affirm that I will support the Constitution of the United States and the Constitution of Georgia.

SO HELP ME GOD."

The next order of business being the election of the Speaker of the House for the 2007-2008 term, Representative Burkhalter of the 50th placed in nomination the name of the Honorable Glenn Richardson of the 19th, which nomination was seconded by Representative Roberts of the 154th.

Representative Hugley of the 133rd placed in nomination the name of the Honorable DuBose Porter of the 143rd, which nomination was seconded by Representative Teilhet of the 40th.

Representative Keen of the 179th moved that the nominations be closed.

The motion prevailed.

The election of the Speaker was ordered on the roll call machine. Those voting for Representative Richardson voted "aye". Those voting for Representative Porter voted "nay".

The vote was as follows:

N Abdul-Salaam N Abrams Y Amerson N Ashe Y Barnard Y Bearden N Beasley-Teague N Benfield Y Benton N Black Y Bridges N Brooks N Bruce

Y Dempsey Y Dickson 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 Holt Y Horne Y Houston N Howard N Hudson N Hugley N Jackson Y Jacobs N James N Jamieson N Jenkins Y Jerguson N Johnson, C

Y Martin Y Maxwell Y May Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby Y Mumford

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, R

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N Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M N Crawford, R N Davis, H Y Davis, S Y Day

Y Forster Y Franklin N Frazier Y Freeman N Gardner Y Geisinger N Glanton Y Golick N Gordon Y Graves Y Greene Y Hamilton 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

N Johnson, T Y Jones, J Y Jones, S N Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R N Levitas Y Lewis Y Lindsey N Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham Y Manning N Marin

N Murphy Y Neal Y Nix N Oliver Y O'Neal N Parham Y Parrish Y Parsons Y Peake N Porter
Powell Y Pruett Y Ralston N Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders N Sailor Y Scott, A

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

On the election of the Speaker, The Honorable Glenn Richardson received 113 votes and the Honorable DuBose Porter received 66 votes.

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

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

Representatives Coan of the 101st, Holt of the 112th, Floyd of the 147th, Everson of the 106th, Sellier of the 136th, Dempsey of the 13th, Mills of the 25th, and Cooper of the 41st.

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

The next order of business being the election of a Speaker Pro Tem for the House for the 2007-2008 term, the name of the Honorable Mark Burkhalter of the 50th was placed in nomination by Representative Smith of the 70th. Representative Smyre of the 132nd moved that the nominations be closed and that the Honorable Mark Burkhalter be elected Speaker Pro Tem by acclamation.

It was so ordered.

MONDAY, JANUARY 8, 2007

15

The Honorable Mark Burkhalter of the 50th, is thereby declared elected Speaker Pro Tem of the House for the ensuing term.
The Speaker appointed as a committee to escort the Speaker Pro Tem to the Speaker's stand the following members:
Representatives Williams of the 4th, Loudermilk of the 14th, Martin of the 47th, Hembree of the 67th, Knight of the 126th, Dempsey of the 13th, Wilkinson of the 52nd, and Parrish of the 156th.
The Honorable Mark Burkhalter of the 50th was escorted to the Speaker's stand where he addressed the House expressing his appreciation to the members for having elected him Speaker Pro Tem of the House of Representatives.
The next order of business being the election of a Clerk of the House for the 20072008 term, Representative Lunsford of the 110th placed in nomination the name of the Honorable Robert E. Rivers, Jr. of Haralson County, as Clerk, which nomination was seconded by Representative Drenner of the 86th.
Representative Keen of the 179th moved that the nominations be closed and that the Deputy Clerk of the House be instructed to cast the entire vote of the membership present for the nominee. The motion prevailed and on the election of the Clerk of the House, the Honorable Robert E. Rivers, Jr. of Haralson County received 180 votes, being the entire vote of the membership present.
The Honorable Robert E. Rivers, Jr. was thereby declared elected Clerk of the House for the ensuing term.
The Chair appointed as a Committee to escort the Clerk to the Speaker's stand the following members:
Representatives Hanner of the 148th, Franklin of the 43rd, Mosby of the 90th, Royal of the 171st, Brooks of the 63rd, Ralston of the 7th, Houston of the 170th, and Thomas of the 55th.
The following oath of office was administered to the Honorable Robert E. Rivers, Jr., Clerk of the House, by Glenn Richardson, Speaker of the House of Representatives:
I hereby swear that I will discharge the duties of the office of the Clerk of the House of Representatives, faithfully and to the best of my skill and knowledge. I further swear that I am not the holder of any public money due this State or any political subdivision or authority thereof, unaccounted for, that I am not the holder of any office of trust under the government of the United States, nor of any one of the several states, nor of any foreign

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state, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia; and that I am not a member of the communist party.
So help me God.
The Clerk addressed the House expressing his appreciation to the members for having elected him Clerk of the House of Representatives.
The following 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 Senate:
SR 1. 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 2. 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 has appointed as a Committee of Notification on the part of the Senate the following Senators: Chance of the 16th, Heath of the 31st, Murphy of the 27th, Orrock of the 36th, Ramsey, Sr. of the 43rd, Davenport of the 44th, Cowsert of the 46th, and Hawkins of the 49th.
The following Resolutions of the House were read and adopted:
HR 7. By Representative Keen of the 179th
A RESOLUTION to notify the Senate that the House of Representatives has convened; and for other purposes.
A RESOLUTION
To notify the Senate that the House of Representatives has convened; and for other purposes.

MONDAY, JANUARY 8, 2007

17

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 9. By Representative Keen of the 179th
A RESOLUTION relative to officials, employees, and committees in the House of Representatives; and for other purposes.
A RESOLUTION
Relative to officials, employees, and committees in the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the following provisions shall be in effect during the 2007 regular session of the General Assembly of Georgia and for the duration of this General Assembly and until otherwise provided for by resolution of the House:
PART 1. SECTION 1-1.
Subject to the availability of funds appropriated or otherwise available for the House of Representatives, the Speaker of the House is authorized to employ on behalf of the House of Representatives: a sergeant-at-arms, a postmaster or postmistress, assistant postmasters or assistant postmistresses, assistant doorkeepers, pages, aides, secretaries, stenographers, typists, clerks, porters, court reporters, consultants, and other necessary personnel; and the Speaker is authorized to provide offices for staff services for the House of Representatives and to employ personnel for said offices. The numbers and compensation of personnel so employed pursuant to this section shall be fixed by the Speaker within the limitations of funds appropriated or otherwise available for the operation of the House of Representatives. Personnel employed pursuant to this section may be employed on a permanent or temporary basis and on a part-time or full-time basis, as may be determined by the Speaker. The assignment and duties of personnel employed pursuant to this section shall be as determined by the Speaker; and any such personnel may be assigned to House officers, committees, committee officers, caucuses, and caucus officers as deemed appropriate by the Speaker, including without limitation assignment of aides to the Speaker Pro Tempore, the Majority Leader, and the Minority Leader.
SECTION 1-2. The Speaker is also authorized to secure the services of chaplains and interns and provide expense reimbursement allowances for them within the limitations of funds appropriated or otherwise available.

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SECTION 1-3. The Doorkeeper of the House and the Messenger of the House, who are elected by the House, shall be compensated in an amount to be fixed by the Speaker of the House.
PART 2. SECTION 2-1.
Subject to the availability of funds appropriated or otherwise available for the Clerk of the House's office, the Clerk of the House is authorized to employ for the Clerk's office: assistant clerks, reading clerks, calendar clerks, journal clerks, secretaries, copy readers, typists, Multilith operators, Xerox operators, collator operators, porter-machinists, rollcall operators, clerical assistants, terminal operators, camera operators, supply and mail clerks, document distributors, audio operators, porters, personnel to distribute bills and other materials for members, and other necessary personnel. The numbers and compensation of personnel employed pursuant to this section shall be fixed by the Clerk within the limitations of funds appropriated or otherwise available for the operation of the Clerk of the House's office. Personnel employed pursuant to this section may be employed on a permanent or temporary basis and on a part-time or full-time basis, as may be determined by the Clerk. The assignment and duties of personnel employed pursuant to this section shall be as determined by the Clerk.
SECTION 2-2. Pursuant to the provisions of Code Section 28-3-23 of the Official Code of Georgia Annotated, the salary of the Clerk of the House shall be the same amount the Clerk was receiving at the time of adoption of this resolution by the House. In addition to that amount, the Clerk shall also receive the same percentage salary increase provided in the General Appropriations Act for employees of the legislative branch of state government. During the Clerk's tenure of office, he or she shall also receive the same expense allowance and the same mileage allowance or travel allowance as received by members of the General Assembly for each day of service rendered by the Clerk.
PART 3. SECTION 3-1.
Subject to the availability of funds appropriated or otherwise available for the operation of the Speaker of the House's Office, the Speaker of the House is authorized to employ interns, aides, secretaries, stenographers, typists, consultants, and other necessary personnel. The numbers and compensation of personnel employed pursuant to this section shall be fixed by the Speaker within the limitations of funds appropriated or otherwise available for the operation of the Speaker of the House's Office. Personnel employed pursuant to this section may be employed on a permanent or temporary basis and on a part-time or full-time basis as may be determined by the Speaker. The

MONDAY, JANUARY 8, 2007

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assignment and duties of personnel employed pursuant to this section shall be as determined by the Speaker.
PART 4. SECTION 4-1.
During any day or period of time during which the General Assembly is not in session, including without limitation any day or period of adjournment during a regular or special session, each of the following officers shall be a committee of one for each day spent on official business: The Speaker of the House, the Speaker Pro Tempore, the Majority Leader, the Majority Whip, the Minority Leader, the Minority Whip, the Administration Floor Leader, and the Assistant Administration Floor Leaders. For each such day spent on official business each of such officers shall receive the expense, mileage, and travel allowances authorized by law for members of interim committees, provided that the Assistant Administration Floor Leaders shall receive such expense, mileage, and travel allowances only upon the authorization and approval of vouchers by the Administration Floor Leader.
SECTION 4-2. (a) During any day or period of time during which the General Assembly is not in session, including without limitation any day or period of adjournment during a regular or special session, each member of the House of Representatives is designated as a committee of one for the purpose of carrying out legislative duties only within the State of Georgia. For each such day of service, each member shall receive the expense, mileage, and travel allowances authorized by law for legislative members of interim legislative committees but shall not receive the same for more than seven days each year. (b) In addition to the days provided for in subsection (a) of this section and without counting towards the limit specified in said subsection (a), each member of the House is designated as a committee of one for the purpose of carrying out legislative duties on any weekday which: (1) is a one day recess or adjournment during a regular session; and (2) occurs after Monday and prior to Friday. For each such day of service, each member shall receive the expense and travel allowances (not including mileage which shall be covered by the weekly round trip) for legislative members of interim legislative committees, if such member has engaged in legislative business on that day, but not otherwise.
SECTION 4-3. Pursuant to the provisions of law, in addition to any other compensation they receive as members of the General Assembly, the Majority Leader, the Minority Leader, and the Administration Floor Leader each shall receive an amount of $2,400.00 per annum, as salary, to be paid in equal monthly or semimonthly installments. Each of the Assistant Administration Floor Leaders shall likewise receive an amount of $1,200.00 per annum, as salary, to be paid in equal monthly or semimonthly installments. Prior to serving as Administration Floor Leader or as an Assistant Administration Floor Leader, a

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Representative must be certified as such by the Governor in writing to the Speaker of the House and the Clerk of the House.
PART 5. SECTION 5-1.
During any period or day of adjournment during a regular or special session, the Speaker is empowered to give authorization for standing committees of the House and such other committees as the Speaker might create to remain at the Capitol during any such period of time for the purpose of considering and studying proposed legislation and other matters. Members of such committees as shall be designated by the Speaker to remain at the Capitol shall receive the expense, mileage, and travel allowances authorized by law for members of interim committees.
SECTION 5-2. The Speaker is authorized to appoint committees from the members of the House to serve as interim legislative study committees and for the purpose of performing such duties as the Speaker shall deem necessary. Such committees are authorized to serve during the interim and the members thereof shall receive the expense, mileage, and travel allowances authorized by law for legislative members of interim legislative committees. The Speaker shall designate the chairperson of any such committee and shall prescribe the time for which any such committee is authorized to function. The Speaker is authorized to extend the time allowed for any committee, whether the committee is created by resolution or by the Speaker. The Speaker is authorized to designate standing committees or any subcommittee thereof to function during the interim for the purpose of performing such duties as the Speaker shall deem necessary. The members of any such committee or subcommittee shall receive the expense, mileage, and travel allowances authorized by law for legislative members of interim legislative committees.
PART 6. SECTION 6-1.
The funds necessary to carry out the provisions of Parts 1, 4, and 5 of this resolution shall come from funds appropriated or otherwise available for the operation of the House of Representatives. The funds necessary to carry out the provisions of Part 2 of this resolution shall come from funds appropriated or otherwise available for the operation of the Clerk of the House's office. The funds necessary to carry out the provisions of Part 3 of this resolution shall come from funds appropriated or otherwise available for the operation of the Speaker of the House's Office.
SECTION 6-2. Any personnel employed pursuant to this resolution shall serve at the pleasure of the appointing authority; and any such personnel may be discharged by the appointing authority with or without cause.

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SECTION 6-3. This resolution shall take effect immediately upon its adoption by the House of Representatives.
HR 10. 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 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.
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 12:00 Noon, Wednesday, January 10, 2007, 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 11:45 A.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 11. By Representative Keen of the 179th
A RESOLUTION
Relative to adjournment; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at the close of the legislative day on Thursday, January 11, 2007, and shall reconvene on Monday, January 22, 2007.

BE IT FURTHER RESOLVED that for the duration of the remainder of the 2007 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce
Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R
Davis, H

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree
Henson Y Hill, C

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

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

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23

Y Davis, S Day

Y Hill, C.A Y Holmes

Y Manning Y Marin

Y Sailor Y Scott, A

On the adoption of the Resolution, the ayes were 173, nays 0.

Y Yates Richardson,
Speaker

The Resolution was adopted.

The following Resolution of the House was read:

HR 8. By Representative Keen of the 179th

A RESOLUTION

Adopting the Rules of the House of Representatives; and for other purposes.

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the attached document, titled "Rules, Ethics, and Decorum of the House of Representatives," is hereby incorporated in this resolution and made a part hereof; and upon adoption of this resolution shall constitute the rules of the House of Representatives for the regular 2007 session and for the duration of this General Assembly.

RULES, ETHICS
AND DECORUM
OF THE HOUSE OF REPRESENTATIVES

2007

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TABLE OF CONTENTS

RULES, ETHICS AND DECORUM OF THE HOUSE OF REPRESENTATIVES

Decorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Clerk, Doorkeeper, Messenger and
Sergeant-at-Arms . . . . . . . . . . . . . . . . . . . . . . Admission to the Chamber and Galleries and
Decorum Therein . . . . . . . . . . . . . . . . . . . . . . Committee Organization and Functioning . . . . Assignments, Appointments and Placements . Speaker's Powers and Duties . . . . . . . . . . . . . . Protest and Appeal . . . . . . . . . . . . . . . . . . . . . . General Business and Order of Business. . . . . . Quorum and Absentees . . . . . . . . . . . . . . . . . Introduction and Reading . . . . . . . . . . . . . . . . Consideration of Bills and Resolutions
in Committee . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole House . . . . . . . . . . . Debate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Motions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commitment . . . . . . . . . . . . . . . . . . . . . . . . . . Tabling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Indefinite Postponement . . . . . . . . . . . . . . . . . . Postponement . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . Previous Question . . . . . . . . . . . . . . . . . . . . . . . Voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reconsideration . . . . . . . . . . . . . . . . . . . . . . . . Committees of Conference . . . . . . . . . . . . . . . . Enactment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Adjournment . . . . . . . . . . . . . . . . . . . . . . . . . . . Contests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Privileged Resolutions . . . . . . . . . . . . . . . . . . . . Legislative Offices . . . . . . . . . . . . . . . . . . . . . . Ethics Committee . . . . . . . . . . . . . . . . . . . . . .

Rule # 1

Begins on Page 1

26

2

79

3

10 11

5

12 18

8

19 29

11

30

13

31 44

13

45 47

18

48 53

19

54 59

20

60 78

23

79 86

26

87 89

28

90 92

29

93 98

29

99 101

30

102 107

31

108 120

32

121 127

35

128 142

37

143 145

41

146

42

147 151

43

152 158

44

159

45

160

46

161 162

46

163

46

164 173

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RULES, ETHICS AND DECORUM OF THE HOUSE OF REPRESENTATIVES

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DECORUM
Rule 1. 1.1 All members shall conduct themselves at all times with dignity and with respect for others in a manner to ensure appropriate decorum in the deliberations of the House and to reflect the responsibilities incumbent upon a member of the House. 1.2 Members shall observe decency of speech and gentleness of behavior at all times in the House, the gallery and the lobbies, ante rooms and halls adjacent to the House. 1.3 No member in speaking shall be disrespectful to any other member and all members shall carefully avoid references to personalities when addressing the House. 1.4 Members shall, at all times, observe appropriate attire on the floor of the House, in the gallery, and in the lobbies, ante rooms and halls adjacent to the House. Appropriate attire for members shall be coat and tie for male members and dignified dress for female members. 1.5 Profane, obscene or indecent language is prohibited in the House and during the meeting of any standing or special committee of the House. 1.6 No member rising to debate, to give notice, to make a motion, or to present any paper of any kind shall proceed until the Speaker has recognized the member as entitled to the floor. While a member is speaking, no other member shall pass between the speaking member and the Speaker. 1.7 The reading of newspapers shall not be permitted on the floor of the House while the House is in session. 1.8 There shall be no smoking in the House of Representatives chamber or in the gallery or lobbies, anterooms, halls or restrooms adjacent to the House. 1.9 Placards, stickers or signs not approved by the Speaker are not permitted in the House Chamber. 1.10 When another member has the floor and is speaking, the members of the House shall refrain from private conversations with persons on the floor, or on cell phones, so as to preserve silence.
CLERK, DOORKEEPER, AND MESSENGER AND SERGEANT-ATARMS
Rule 2. The Clerk of the House shall take an oath for the true and faithful discharge of the duties of the office, to the best of his or her knowledge and abilities, and shall be deemed to continue in office until a successor is elected.
Rule 3. It shall be the duty of the Messenger to attend to the wants of the House while in session, to aid in the enforcement of order, under the direction of the Speaker, and to execute the demands of the House from time to time, together with all such processes issued under its authority, as may be directed to the Messenger by the Speaker.

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Rule 4. The Speaker may appoint a sergeant-at-arms for the House whose primary duties shall be to maintain order in the House chamber, the gallery and the anterooms, lobbies and halls adjacent to the House. As directed by the Speaker, any member or members of the Uniform Division or Executive Security Guard Division of the Department of Public Safety permanently assigned to special duty or personal security duty with the Speaker shall have full authority to maintain order in the House chamber, gallery, anterooms, lobbies and halls adjacent to the House and to exercise any other authority granted to the sergeant-at-arms under these Rules, in cooperation with the officers and employees of the House and any other law enforcement personnel so empowered by the Speaker.
Rule 5. The Speaker shall have the power to suspend the sergeant-at-arms, the messenger and doorkeeper for misconduct or neglect of duty. The Speaker shall report any such suspension to the House within 24 hours thereafter for such action as the House may deem advisable.
Rule 6. If the sergeant-at-arms, the doorkeeper or the messenger dies or is unable to perform the duties of their office while in office, the Speaker shall appoint a successor who shall serve for the remainder of the term of office.
ADMISSION TO THE CHAMBER AND GALLERIES AND DECORUM THEREIN
Rule 7. 7.1 No person shall be entitled to enter upon the floor of the House except (1) members and officers thereof, (2) members and officers of the Senate, (3) the Governor of the state, (4) staff members of the Office of Legislative Counsel, (5) members of the news media and their photographers, all of whom must bear proper credentials and must comply with this rule, and (6) such others to whom the Speaker has issued a pass and those the House may allow upon recommendation of the Committee on Rules. 7.2 Seats and spaces in the news media sections shall be assigned and designated by the Speaker. 7.3 Only those members of the news media with proper credentials shall enter upon the floor of the House of Representatives. No interview shall be conducted on the floor of the House of Representatives while the House is in session. Reporters for print media and radio stations and television reporters when no cameraperson is present shall have access to the floor of the House of Representatives only to request that a member leave the floor for an interview. 7.4 Still photographers and television camerapersons shall have access to the floor of the House of Representatives while the House is in session unless, in the discretion of the presiding officer, the number of still photographers or television camerapersons is excessive or unless, in the discretion of the presiding officer, still photographers or

MONDAY, JANUARY 8, 2007

27

television camerapersons are creating a disturbance or disruption, at which time they may be removed by the presiding officer. 7.5 Identification cards, signed by the Speaker and attested by the Clerk, shall be issued to all persons entitled to privileges of the floor under this rule. 7.6 The doorkeeper of the House is specifically charged with the duty of enforcing this rule. 7.7 The Speaker may refuse to issue or revoke cards issued to nonmembers of the House and Senate. 7.8 Spouses and children of the members of the House may be admitted on the floor of the House, provided they shall not be seated at the desk of any member; provided, further, that no child under the age of 12 years shall be admitted on the floor except for the purpose of posing for photographs with a member, and provided, further, that after such activity the child shall immediately leave the floor. 7.9 No person shall be admitted on the floor of the House or permitted to remain, who is engaged in lobbying or who is attempting to influence legislation. 7.10 No member or any other person entitled to the privileges of the floor shall be permitted to enter upon the floor of the House while in an intoxicated condition or while under the influence of drugs listed in the Georgia Controlled Substances Act. The messenger, sergeant-at-arms, doorkeeper, any member or members of the Uniform Division or Executive Security Guard Division of the Department of Public Safety permanently assigned to special duty in the House are specially charged with the rigid enforcement of this rule. 7.11 No member shall be recognized for the purpose of introducing visitors in the gallery except as authorized by the Speaker or by a previously adopted resolution. 7.12 Access to the floor of the House by non-members for the purpose of receiving special recognition shall be determined by a special sub-committee of the Committee on Rules. All requests for access to the floor for the purpose of special recognition must be submitted in writing to the Special Sub-Committee of the Committee on Rules at least seven (7) days prior to the day access is requested. Access to the floor for the purpose of special recognition shall only be allowed on the date, at the time and in the manner ordered by the Special Sub-Committee. The Speaker at any time may grant special access to the floor of the House. 7.13 No person who is not a member of the House shall be recognized to speak unless such person shall have first been so invited by the adoption of a resolution on or before the previous day. Any person who has been invited to speak before the House as a result of the adoption of a resolution shall not address the House until the period after the conclusion of the third reading of bills and resolutions or immediately after the House reconvenes after any recess and prior to the transaction of any other business, except that the Speaker shall have the discretion to waive this restriction when warranted by the prominence of the person or the significance of the occasion.
Rule 8. 8.1 Applause, hisses, or other noises in the House chamber, in the gallery, or in the

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lobbies during any speech or legislative proceeding shall be promptly suppressed. Placards, displays, banners, and signs are prohibited and shall be removed promptly. 8.2 The possession or use of cameras, video cameras, movie cameras, cell phone cameras and similar devices on the floor of the House, in the gallery or in the lobbies during any speech or legislative proceeding is prohibited unless expressly authorized by the Speaker. 8.3 The Speaker shall have the power to cause the gallery and lobbies of the House to be cleared by the messenger, sergeant-at-arms, doorkeepers, any member or members of the Uniform Division or Executive Security Guard Division of the Department of Public Safety permanently assigned to special duty in the House in case of disturbance or disorderly conduct therein. The Speaker shall have the power to cause any person so offending to be arrested and brought before the bar of the House in order to be dealt with for contempt of the House.
Rule 9. No person shall enter the gallery of the House chamber unless such person has been issued a card by the Speaker authorizing such person to enter the gallery. Such card must be signed by the Speaker and must be displayed by such person to the doorkeeper of the gallery. The Speaker is authorized to revoke any such card.
COMMITTEE ORGANIZATION AND FUNCTIONING
Rule 10. 10.1 The Speaker shall appoint the following standing committees:
(1) Agriculture and Consumer Affairs. (2) Appropriations. (3) Banks and Banking. (4) Budget and Fiscal Affairs Oversight (5) Children and Youth. (6) Code Revision (7) Defense and Veterans Affairs. (8) Economic Development and Tourism. (9) Education. (10) Energy, Utilities and Telecommunications. (11) Ethics. (12) Game, Fish, and Parks. (13) Governmental Affairs. (14) Health and Human Services. (15) Higher Education. (16) Human Relations and Aging. (17) Industrial Relations. (18) Information and Audits. (19) Insurance.

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29

(20) Interstate Cooperation. (21) Intragovernmental Coordination. (22) Judiciary. (23) Judiciary, Non-civil. (24) Legislative and Congressional Reapportionment. (25) Motor Vehicles. (26) Natural Resources and Environment. (27) Public Safety and Homeland Security. (28) Regulated Industries. (29) Retirement. (30) Rules. (31) Science and Technology. (32) Special Rules. (33) State Institutions and Property. (34) State Planning and Community Affairs. (35) Transportation. (36) Ways and Means. 10.2 The Speaker may, at any time, appoint a special committee for the limited purpose of considering any bill or bills assigned by the Speaker. Each special committee created pursuant to this rule shall act, in all respects, as if it were a standing committee designated under rule 10.1 except that a special committee shall cease to exist when final action is taken on any bill or bills assigned to it by the Speaker.
Rule 11. 11.1 Members of all committees provided for in these rules and the Hawks shall be appointed by the Speaker or the Committee on Assignments. In the Speaker's discretion, the Speaker may create one or more subcommittees within any standing committee and constitute the membership thereof. 11.2 Every member of the House shall be appointed to, and serve, on at least two standing committees of the House. 11.3 The Speaker, the Speaker pro-Tempore, the Majority Leader, the Majority Whip and the Hawks shall be ex officio members of all standing committees and subcommittees of the House and shall have a vote on all committees and subcommittees, except that the Speaker shall have no vote as an ex officio member except on the Committee on Rules. 11.4 The chairman and secretary of the Committee on Appropriations shall be an ex officio member of the Committee on Ways and Means, and the chairman and vice chairman of the Committee on Ways and Means shall be ex officio members of the Committee on Appropriations. The chairman of the Committee on Ethics shall be an ex officio member of the Committee on Judiciary. Such ex officio members shall have a vote on such committees and their subcommittees. 11.5 The Speaker shall be authorized to appoint a chairman, a vice chairman, and a secretary for all standing committees and for all subcommittees created by the Speaker.

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11.6 The Majority Leader, the Minority Leader, the Majority Whip and the Minority Whip shall be members of the Committee on Rules. Each such leader must be certified as such by his or her party caucus chairman to the Speaker of the House and to the Clerk of the House. 11.7 If a member desires to change committees, such member may make a request to the Speaker. If a change can be accomplished, the Speaker is authorized to make such change. After the announcement of the standing committees, no other members shall be placed hereon, if such placement will increase the number of members on any committee beyond the number approved by the Committee on Assignments; provided, however, when any members shall have been elected to fill a vacancy caused by death or otherwise, the Speaker may assign such members to such committees as the Speaker may see fit. The Speaker may fill any vacancy in the offices of chairman, vice chairman, or secretary at anytime a vacancy shall occur. 11.8 The Speaker, or the Committee on Assignments, may appoint one or more members to the position of Hawk. The Speaker may designate one of the Hawks as the Senior Hawk. The Hawks shall serve as ex officio members of all standing committees and subcommittees of the House and shall have a vote on all committees and subcommittees. 11.9 The Speaker, or the Committee on Assignments, may appoint one or more vice-chairmen of the Committee on Appropriations. Each vice chairman appointed shall be designated to preside over one of the following subcommittees of the Committee on Appropriations:
(1) Education. (2) Higher Education. (3) Health. (4) Human Resources. (5) Public Safety. (6) Economic Development. (7) Special Appropriations Projects Oversight (8) General.
ASSIGNMENTS, APPOINTMENTS AND PLACEMENTS Rule 12. 12.1 At the Speaker's election, by an order so designating, the Speaker may create and appoint a committee on assignments to make and designate all assignments, appointments and placements of members to committees as permitted under Rule 11, and to any and all other similar positions, placements or appointments which may be so designated by the Speaker. 12.2 If the Speaker creates a committee on assignments, membership on said committee shall consist of the Speaker, the Majority leader and, not less than five (5) additional members, all of whom shall be named and designated by the Speaker. 12.3 The Committee on Assignments shall be constituted in such a manner that any assignment, appointment or placement shall be approved by a majority vote of those

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31

committee members present and voting. All members shall have an equal vote except the Speaker shall have 3 votes and the Majority leader shall have 2 votes on all questions before the committee. In the case of a tied vote on any question, the Speaker shall be authorized to cast one extra vote. 12.4 In the event a Committee on Assignments is constituted, the committee may set forth such other and further rules or procedures to govern its role or the conduct of its proceedings as the committee may deem necessary or proper. 12.5 The Speaker shall be authorized to veto or disapprove any action of the Committee on Assignments within 48 hours of written action by the committee. 12.6 Not withstanding any appointment by the Committee on Assignments, or the Speaker's failure to veto any appointment pursuant to Rule 12.5, the Speaker may, at any time, with or without cause and without explanation, remove any member appointed as a chairman, vice chairman or secretary of any standing or special committee or subcommittee in the House, any Hawk or any member appointed to the Committee on Rules.
Rule 13. Each committee or subcommittee shall first meet upon the call of the chairman and perfect its organization. After the organizational meeting, each committee or subcommittee shall meet upon the call of its chairman. The vice chairman may call a meeting of the committee or subcommittee if the vice chairman obtains a certificate from the Speaker certifying that the chairman is incapacitated or if he or she is directed by the chairman to call the meeting to consider such measures as specified by the chairman. Each subcommittee shall be subject to the will of its parent standing committee and the officers thereof. No bill shall be reported to the House until it has been acted upon by the standing committee, and all actions of any subcommittee shall be submitted to its parent standing committee.
Rule 14. 14.1 Except as otherwise provided in these Rules, all meetings of any committee or subcommittee of the House, including interim committees, shall be open to the public. By a majority vote of a quorum of a committee or subcommittee, a meeting may be closed to the public when the committee or subcommittee is (1) discussing the future acquisition of real estate, (2) discussing the appointment, employment, or dismissal of a public officer or employee or disciplinary action against such officer or employee, or (3) hearing complaints or charges brought against a public officer or employee, unless the officer or employee requests that the meeting be open to the public. 14.2 Inasmuch as the primary function of the Committee on Assignments is the assignment, appointment and placement of individual members to various positions in order to effectively and efficiently operate the House of Representatives, and since such function will necessarily require discussions of the strengths and weaknesses of individual members, which discussions are primarily made in the context of a personnel related matter, the meetings of this committee will be considered confidential and shall not be open to members or the public.

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Rule 15. When the House provides for the recording or transcribing of its proceedings during any of its sessions or the House or any committee or subcommittee thereof provides for the recording or transcribing of proceedings of such committee or subcommittee during any meeting thereof which is open to the public, copies of such recordings or transcriptions shall be made available to the public upon request and payment of the reasonable costs of supplying copies of such recordings or transcriptions, whether such recordings or transcriptions are written or typed or are audio, visual, or audio-visual records of such proceedings.
Rule 16. No standing or interim committee or subcommittee of the House of Representatives shall officially meet at any place within the state where any citizen of the state is denied admittance on the basis of religion, race, creed, nationality, or gender or on property belonging to any private club, organization, or association in which any citizen is denied membership or discriminated against on the basis of religion, race, creed, nationality, or gender.
Rule 17. 17.1 The Committee on Information and Audits shall, before auditing the account of any member for expenses as a committee member, or any account submitted by a member for any expense incurred in discharge of any duty as a member of the House, require of such member an itemized statement of such account, supported by proper vouchers, for each item of such account. 17.2 The Committee on Information and Audits shall audit twice-yearly the accounts of any caucus of the House which receives state funds. Each caucus to be audited under this Rule shall keep detailed records of all expenses and receipts of all monetary transactions. The Committee on Information and Audits shall, before auditing the accounts of any caucus, require of such caucus an itemized statement of such account, supported by proper vouchers for each item of such account.
Rule 18. 18.1 If a majority of the members of the House whose districts are wholly or partially located within a political subdivision shall file with the chairman of the Committee on State Planning and Community Affairs their own rules as to the number of Representatives who must sign proposed legislation affecting that political subdivision before it will be favorably reported by the Committee on State Planning and Community Affairs, the committee shall observe such rules in considering such legislation. Otherwise, the committee shall not favorably report any legislation affecting a political subdivision unless all of the Representatives whose districts are wholly or partially located within the political subdivision shall sign such legislation. 18.2 No local bill or resolution referred to the committee shall be released to any person, including members of the House, except upon the condition that such person shall return the bill or resolution to the chairman of the Committee on State Planning and Community Affairs within six hours of the chairman's request to do so.

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SPEAKER'S POWERS AND DUTIES
Rule 19. The Speaker shall preserve the order and decorum of the House, the gallery and the adjacent lobbies, ante rooms and halls of the House. In case of disturbance or disorderly conduct in any of these areas, the Speaker may cause the same to be cleared.
Rule 20. When two or more members rise at the same time, the Speaker shall name the member to be recognized.
Rule 21. The Speaker shall, in the Speaker's discretion, suspend irrelevant debate and command silence whenever the Speaker deems it necessary.
Rule 22. The Speaker shall vote in all cases of election by the House. In other cases the Speaker shall not vote unless the House shall be equally divided or unless the Speaker's vote, if given to the minority, will make the division equal. In case of such equal division, the question shall be lost. But in all cases where a fixed constitutional vote is required to pass the matter under consideration and the matter lacks only one vote to pass, the Speaker shall vote; and the Speaker's vote shall be counted the same as that of any other member.
Rule 23. All questions as to the priority of business to be acted on shall be decided by the Speaker without debate.
Rule 24. At any time the Speaker may order the roll called on any question and take the vote by yeas and nays unless otherwise ordered by the House.
Rule 25. The Speaker shall assign seats in the House Chamber to the members.
Rule 26. The Speaker of the House shall administer the oaths required of the subordinate officers of the House.
Rule 27. During a day's session, the Speaker or Speaker Pro Tempore when acting as Speaker may name any member to perform the duties of the chair during any part of that day. Whenever the Speaker is not presiding, the Speaker may be recognized at any desk.
Rule 28. Whenever, from any cause, the Speaker is absent at the beginning of a daily session, the Speaker Pro Tempore shall preside. If both are absent, the Clerk of the House shall call the House to order and shall preside until the election of an acting Speaker Pro Tempore. Such election shall be the first business of the House. The acting Speaker Pro Tempore thus elected shall preside until the return of one of the first named officers, at which time his or her functions shall cease.

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Rule 29. 29.1 If the Speaker Pro Tempore becomes Speaker pursuant to the provisions of Article III, Section III, Paragraph II(b) of the Constitution of the State of Georgia of 1983, the procedure provided in this rule for the election of a Speaker shall be followed. 29.2 The Speaker Pro Tempore shall call an election to be held within 120 days after he or she becomes Speaker. Such election shall be held on a date and at a time to be designated by the Speaker Pro Tempore who has become the Speaker. If the Speaker Pro Tempore becomes Speaker at a time when there are 120 days or less remaining in the two-year term, the Speaker Pro Tempore shall continue to serve as Speaker until the convening of the General Assembly for the next regular session. Any election provided for this rule shall be held in the chamber of the House of Representatives at the state capitol.
PROTEST AND APPEAL
Rule 30. Should any member of the House be dissatisfied with the ruling of the Speaker on any point, such member shall rise and respectfully address the Speaker and say: "I appeal from the decision of the chair." The Speaker will then state to the House the point ruled on and the Speaker's decision on it. Debate on the correctness of the ruling shall be limited to 5 minutes. The Speaker shall put the question of appeal to the House for a vote. The ruling of the Speaker shall be sustained unless overruled by the vote of a majority of the members to which the House is entitled. All appeals from the decision of the chair shall be made immediately, and no appeal shall be in order after other business has intervened from the time of the alleged error of the chair and before the appeal is sought.
GENERAL BUSINESS AND ORDER OF BUSINESS
Rule 31. The following shall be the order of business: (1) Call of the roll. (2) Scripture reading and prayer by the chaplain. (3) Pledge of Allegiance to the Flag of the United States of America. (4) Report of the Committee on Information and Audits. (5) Confirmation of the journal. (6) Unanimous consents. (7) Introduction of bills and resolutions. (8) First and second readings and reference of House bills and resolutions. (9) Report of standing committees. (10) Third reading and passage of uncontested local bills and resolutions. (11) First and second readings and reference of Senate bills and resolutions. (12) Unfinished business of previous session. (13) Orders of the day.

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(14) Senate amendments to House bills and resolutions and reports of conference committees. (15) Motions to reconsider. (16) Morning Orders (17)(a) When applicable, third reading of resolutions on the uncontested resolutions
calendar; and (b) Other bills and resolutions for third reading. (18) Evening Orders
Rule 32. It shall be the duty of the Committee on Information and Audits to read the journal of each day's proceedings and report to the House that the same is correct. The reports of the Committee on Information and Audits may be made at any time.
Rule 33. 33.1 The Committee on Rules shall arrange and fix the calendar for each day's business of each regular session of the General Assembly. Copies of such calendar shall be printed and made available to the members of the House as quickly as is practicable following the setting of the calendar. 33.2 In arranging and fixing the calendar for each day's business, the Committee on Rules is authorized to place on each measure to come before the House any of the following special rules: (a) Open Rule Germane amendments may be offered in accordance with the provisions of these Rules. (b) Modified Open Rule- Germane amendments may be offered subject only to an overall time limit on the amendment process, and a requirement that the amendments be pre-printed and placed upon the desk one hour prior to debate. (c) Modified Structured Rule- Germane amendments, designated by the Committee on Rules, may be offered. This rule may preclude amendments to a particular portion of the bill, although other parts of the bill may be open to amendment. (d) Structured RuleNo amendments may be offered; provided, however, that if any measure passed by the House pursuant to a Structured Rule is amended in the Senate it shall be considered disagreed to when it returns from the Senate, except that the author of the House measure, with the concurrence of the Speaker, may move to accept the House measure as amended by the Senate, or as otherwise allowed in Rules 118 and 119. 33.3 At all times the Committee on Rules may designate a day certain and may set a time limit for floor debate on any measure. 33.4 The provisions of Rule 33.2 shall not apply with respect to a minor or technical amendment which corrects items such as grammar, spelling, numbering, cross-references or otherwise corrects manifest typographical or other similar errors. The determination of whether an amendment is a minor or technical amendment shall be according to the judgment of the Speaker of the House, subject to appeal to the body. 33.5 Rule 33.2 shall not apply with respect to amendments to the following classes of legislation:

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(1) Local legislation; and (2) Privileged resolutions. 33.6 For purposes of these Rules a substitute shall be treated as an amendment; and in order to be eligible for consideration by the House a substitute will only be permitted in accordance with the terms of any special rule applicable to the measure. 33.7 The Committee on Rules may also recommit any measure back to the committee from whence it came, or on its own motion, amend the same. 33.8 There shall be a separate section at the beginning of each day's rules calendar known as the uncontested resolutions calendar. All resolutions referred to in this subsection which are approved by the Committee on Rules for placement on the rules calendar shall be placed on the uncontested resolutions calendar unless otherwise ordered by the committee. When considered by the full House, all resolutions on the uncontested resolutions calendar shall be voted on as a group and without debate; except that any member of the House shall have the right to have any resolution on the uncontested resolutions calendar removed therefrom and placed on the general rules calendar, in which case it shall be subject to consideration in the same manner as any other bill or resolution on the general rules calendar. Resolutions for placement on the uncontested resolutions calendar shall include only: (1) resolutions establishing study committees and other similar bodies; and (2) commemorative resolutions which name or rename roads, streets, highways, parks, bodies of water, bridges, institutions, buildings, structures, and other geographical landmarks.
Rule 34. Every motion to make special orders shall be submitted in writing to the Committee on Rules and reported upon by the committee before being submitted to the House.
Rule 35. The report of the Committee on Rules is in order at any time when the House is not actually engaged in other business.
Rule 36. No rule shall be temporarily suspended or temporarily changed, nor the order of business changed, except by unanimous consent or by an affirmative vote of two-thirds of the members to which the House is entitled. Any motion to suspend or change the Rules or change the order of business shall be decided without debate, provided that, whenever a report from the Committee on Rules is submitted to the House, the questions arising on the report shall be debatable until the report of the committee is agreed to or disagreed to or the main question is ordered.
Rule 37. No amendment or addition to these rules shall be made unless such proposed amendment or addition is first referred in writing to the Committee on Rules and reported back to the House where it may then be adopted by affirmative vote of a majority of the members to which the House is entitled. However, the rules may be temporarily suspended as provided in Rule 36 without referral to the Committee on Rules.

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Rule 38. The roll of the House shall not be dispensed with except by a vote of a majority of the members voting or by unanimous consent. The motion to dispense with the roll call shall be decided without debate. The electric roll-call system may be used to call the roll by the members using the "yes" switch to signify their presence.
Rule 39. 39.1 When a message is sent to the House of Representatives, it shall be announced at the door of the House by the doorkeeper and be respectfully communicated to the chair by the person through whom it may be sent. 39.2 Messages may be received at any time while the door is open except while a question is being put or a ballot or viva voce vote is being taken. A message shall be presented to the House by the Speaker when it is received or thereafter according to its nature and the business in which the House is engaged; or its consideration may, on motion, be ordered by the House.
Rule 40. 40.1 Morning Orders shall be in order immediately prior to the reading of bills and resolutions for the third time. There shall be a 15 minute period during which members wishing to engage in a Morning Order may speak; provided, however, that no member may speak for more than 5 minutes. All requests to speak must be received by the Messenger, or such other person as the Speaker may designate, one hour prior to the convening of each day's business. The Speaker shall allocate the time members can speak up to the fifteen minute limit. 40.2 Evening Orders shall be in order immediately following the reading of bills and resolutions for the third time. The order and amount of time a member may speak shall be determined by the Speaker. 40.3 Questions of privilege (Morning and Evening Orders) shall be those affecting the rights, safety, and dignity of the House collectively and the integrity of its proceedings; and the rights, reputation, and conduct of members individually, in their representative capacity only. No member in exercising such privilege may impugn the character or personal integrity of another member. Questions of privilege shall have precedence over all other questions except a motion to adjourn, provided that, when any matter is pending before the House, no question of personal privilege shall be acted on until disposition is made of the pending question.
Rule 41. The House shall convene daily at 10:00 A.M. unless otherwise ordered by the House. The hour of adjournment shall be fixed by a majority of the House, on motion without debate.
Rule 42. No member shall take any books or papers from the possession of the House or Clerk without first notifying the Clerk and giving the Clerk a receipt to return such books or papers in a reasonable time or on demand by the Clerk.

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Rule 43. No general bill or resolution shall be released to any person, including members of the House, except upon the condition that such person shall return the bill or resolution to the Clerk or to the chairman of the committee to which it was referred within six hours of the request of the Clerk or chairman to do so.
Rule 44. A motion objecting to the reading of any paper shall be determined by a vote of the House without debate.
QUORUM AND ABSENTEES
Rule 45. 45.1 The power to compel the attendance of members, in order to keep or secure a quorum, shall be vested in the Speaker. The Speaker may have the doors of the House closed and when the doors are closed, no member shall be allowed to retire from the House without first obtaining leave from the Speaker. 45.2 The messenger, doorkeeper, sergeant-at-arms or any member of the Uniform Division or Executive Security Guard Division of the Department of Public Safety, on order of the Speaker, may arrest any absentees and bring them before the House when necessary to secure a quorum.
Rule 46. Whenever the result of a vote taken shall disclose the fact that no quorum of the House is present or when the Speaker shall officially state the fact to the House, it shall be in order for any member to make a motion for a call of the House. When such motion is made, the Speaker shall state the question as follows: "Shall the motion for the call of the House prevail?" If one-fifth of the members present shall vote in the affirmative, the Speaker shall order the Clerk to call the roll of members and the absentees shall be noted. The doors shall then be closed, after which the names of the absentees shall again be called. By order of the majority of the members present, those who do not appear and who are absent without leave may be sent for and arrested wherever they may be found by the messenger, doorkeeper, sergeant-at-arms or any member of the Uniform Division or Executive Security Guard Division of the Department of Public Safety, and their attendance secured. The House shall determine upon what conditions they shall be discharged.
Rule 47. Upon the call of all the members, the names of the absentees shall be noted by the Clerk and shall appear upon the journal.
INTRODUCTION AND READING
Rule 48. 48.1 No bill or resolution having the effect of law shall be introduced unless the same shall have been filed in the office of the Clerk not later than one hour after the time of adjournment on the previous day.

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48.2 Whenever any bill or resolution having the force and effect of law is filed with the Clerk, it shall be read for the first time on the succeeding day and such day shall be deemed to be the date on which the bill was introduced. Any bill or resolution requiring three readings prior to its passage shall then automatically be read for the second time on the legislative day following the day on which it is introduced. There shall be no debate on the first or second reading of any bill or resolution requiring three readings prior to its passage.
Rule 49. When introducing a bill or resolution, a member shall file an original and one copy with the Clerk. All bills and resolutions shall be typed, printed, or otherwise duplicated and the name and district of the member introducing the same shall be on the back thereof. The title or a brief summary thereof shall also appear on the back. No member shall sign any bill or resolution as a cosponsor thereof without the consent of the sponsor who first signs the bill or resolution.
Rule 50. Any bill or resolution relating to or affecting the political partisanship of any elected office, state revenues, general taxation, pari-mutuel wagering, alcoholic beverages, water resources, or hazardous wastes shall not be deemed to be a local or special bill or resolution but shall be treated as a general bill or resolution.
Rule 51. As soon as possible after any bill or resolution of general application is filed in the Clerk's office, the Clerk shall cause the same to be printed. When such bill or resolution is placed on the general calendar, the Clerk shall distribute a copy thereof to each member of the House. Whenever any such bill or resolution of general application shall be reported back by the committee to which it was referred with the recommendation that it do pass as amended or that it do pass by substitute, the Clerk shall cause the recommended amendment or substitute to be printed and copies thereof to be distributed to each member. No bill or resolution of general application shall be considered by the House unless copies of the same and any committee amendments or committee substitute shall have been printed and distributed to the members prior to consideration for passage. The House may at any time by a vote of a majority of those voting, provided the total vote constitutes a quorum, suspend action upon any pending bill or resolution of general application until all amendments, or substitutes, or both offered thereto on the floor shall have been printed and distributed to the members.
Rule 52. All bills and resolutions on the calendar shall be called as directed by the Committee on Rules or as otherwise directed by the Speaker. However, the general appropriations bill shall have precedence on the third reading over all other matters, even special orders, until final disposition of such bill.
Rule 53. It shall be the duty of the Clerk to place on each bill and resolution, as it is read the first time, a number following the numerical order in which such bills and resolutions are read the first time. Before reading any bill or resolution the second or

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third time, the Clerk shall distinctly state its number and the name of the member by whom it is introduced.
CONSIDERATION OF BILLS AND RESOLUTIONS IN COMMITTEE
Rule 54. 54.1 Upon the introduction of any bill, resolution, or other matter, requiring reference to a committee, the Speaker shall as a matter of course and without debate assign the same to an appropriate committee. 54.2 All resolutions providing for appointment of committees of inquiry or investigation and any or all other resolutions which are not privileged shall be referred by the Speaker to the appropriate committee. 54.3 Except as provided in this rule, every privileged resolution shall be referred to a committee. It shall not be necessary, however, to refer to a committee a privileged resolution which commends, congratulates, or extends condolences or which is of a similar nature. The presiding officer shall determine whether a resolution is privileged and shall determine whether it is to be referred to a committee. 54.4 A committee may act upon a bill, resolution, or other matter when the House is in session or on a day on which the House is not in session during a recess or adjournment after the opening day of a regular session and prior to the last day of a session. When a committee so acts during a day of recess or adjournment, the Clerk of the House may accept the report of the committee on such day, and the committee report shall be received and read by the House on the next day when the House is in session. Except as authorized by the Speaker, a committee may not take official action after the adjournment sine die of a session and prior to the convening of the next session.
Rule 55. No Committee of the Whole House or other committee shall deface or interline a bill, resolution, or other paper referred to the committee but shall report any amendment recommended on a separate paper, noting the section, page, or line to which the amendment relates. No person shall write upon or mark upon the original bill, resolution, or other paper in any manner.
Rule 56. All reports of a committee shall be in writing. The minority of a committee may make a report in writing, setting forth succinctly the reasons for its dissent. Wherever practicable, each committee shall include with its report on each general bill or resolution a brief resume of the bill. If the committee shall so order, the Clerk shall have the majority report printed and distributed to the members of the House. In order to be considered, a written minority report must be filed with the Clerk no later than 5:00 p.m. on the next legislative day after the committee report is filed. If a minority report is written, and a majority of the minority of the committee shall so order, the Clerk shall have the minority report printed and distributed to members of the House.

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Rule 57. In cases where the report of a committee is favorable to the passage of a bill or resolution, or the bill or resolution is reported without recommendation, the same shall be passed to a third reading without question. If the report of a committee is adverse to the passage of a bill or resolution, the question shall be on agreeing to the report of the committee. However, House and Senate bills and resolutions adversely reported shall not be taken up except by request of a member of the House. Such request must be made not later than adjournment of the next legislative day following the unfavorable committee report. In such case, the motion to disagree shall be referred to the Committee on Rules. If the report of the committee is agreed to in the Committee on Rules, the bill or resolution shall be lost. If the report of the committee is disagreed to in the Committee on Rules, the bill or resolution shall be put on the general calendar unless the bill or resolution is recommitted.
Rule 58. If a bill or resolution has been referred to and reported by more than one committee or has been reported and recommitted to the same committee, the last committee report shall be acted on by the House. In all cases, the report of the Committee of the Whole House shall be first acted on by the House.
Rule 59. 59.1 Whenever any bill or resolution has been referred to a committee and the committee has held the bill or resolution in its custody for ten legislative days without reporting on it, or taking any action upon it, any member of the House shall have the right to initiate a petition for discharge of the bill or resolution. Such petition shall be in such form as shall be designed by the Clerk of the House. If the petition is signed by two thirds of the members of the House, as set out below, the petition shall be filed by the initiating member with the Clerk of the House, and the effect shall be the same as a report of the committee favorable to the passage of the bill or resolution. The bill or resolution shall then take its place on the general calendar in the same manner as a measure favorably reported by a committee. Subject to the provisions of Rule 33, a bill or resolution that has been on the general calendar in the Rules Committee at least 5 days, can be placed on the rules calendar by a petition signed by two thirds of the members of the House. 59.2 Any motion or resolution to set a special order or to change the order of business for any particular day which has been referred to the Committee on Rules may be held in the custody and control of such committee for only three days.
COMMITTEE OF THE WHOLE HOUSE
Rule 60. All appropriation bills shall be considered in the Committee of the Whole House.
Rule 61. The Speaker may resolve the House into a Committee of the Whole House without a motion being made therefore.

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Rule 62. On motion of a member, the House may resolve itself into a Committee of the Whole House by a majority of those voting, provided that the total vote constitutes a quorum, if notice of intention to make such motion has been given during the session of the preceding day. Individual speeches on such motion shall be limited to three minutes. If such notice has not been given, the motion shall prevail if it receives the affirmative votes of two-thirds of those voting, if the two-thirds constitutes a majority of all of the members elected to the House. Whenever the House, either by its own vote or by unanimous consent, commits any bill or resolution to the Committee of the Whole House and, subsequently, a motion is made to resolve the House into a Committee of the Whole House to consider such bill or resolution and such motion is lost, the motion shall not be renewed. It shall be the duty of the Speaker to require the Clerk to read the bill or resolution again at the following day's session under the order of introduction of new matter or reading of bills the first time. The Speaker shall then refer such bill or resolution to the appropriate committee unless otherwise ordered by the House. However, for the consideration of the general appropriations bill, the House may, on motion of a member, resolve itself into a Committee of the Whole by a majority of those voting, provided the total vote constitutes a quorum, and no previous notice shall be necessary.
Rule 63. In forming a Committee of the Whole House, the Speaker shall appoint a chairman to preside in committee and shall leave the chair.
Rule 64. The Committee of the Whole House shall not proceed with the business before it whenever a vote on any question discloses the fact that no quorum of the House is present. Whenever it is suggested that a quorum is not present, the chairman of the committee shall determine such fact by actual count of the committee and shall report the same to the committee. If no quorum is present, the chairman shall, on his or her own motion, order that the committee immediately rise and the chairman shall report the absence of a quorum to the House.
Rule 65. The rules of the House shall be observed by the Committee of the Whole House, so far as they may be applicable, except that the Committee of the Whole House can not: (1) refer a matter to any other committee; (2) adjourn; (3) enforce the previous question; (4) consider a motion to lay on the table or to indefinitely postpone; (5) unreasonably limit the number of times or the length of time that a member may speak; (6) consider a call of the House; or (7) take votes by yeas and nays.
Rule 66. A motion to reconsider shall be in order in the Committee of the Whole House.
Rule 67. In the Committee of the Whole House, the Speaker may take part in the proceedings; and the Speaker, as well as all other members, shall vote on all questions

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before the committee unless the Speaker is excused. No pairing of members shall be recognized or allowed in the Committee of the Whole House.

Rule 68. In the Committee of the Whole House, any papers in the possession of the House may be called for by any member and read by the Clerk for the information of the committee unless the committee shall otherwise order.

Rule 69. The chairman of the Committee of the Whole House shall have power to have the gallery or lobbies cleared in case of any disorderly conduct therein and shall have the same powers as the Speaker under Rule 82.

Rule 70. A Committee of the Whole House can not punish disorderly conduct of its members but must report the same to the House for action thereon.

Rule 71. If, at any time in the Committee of the Whole House, it shall be desired to close the debate, or to limit the time allowed members for speaking, the committee may rise and report its desire to the House, and the House shall take such action thereon as it may see fit.

Rule 72. If a Committee of the Whole House, for want of time, fails to complete any matter under consideration at any sitting, it may, on motion and at any time, recess and reconvene.

Rule 73. A motion "that the Committee of the Whole House rise, report progress, and ask leave to sit again" may be made at any time when the movant can legitimately obtain the floor. Such motion shall take precedence over all other motions and shall be decided without debate. When it prevails, the committee shall immediately rise.

Rule 74. When the hour for adjournment of the House arrives, the Committee of the Whole House shall automatically rise and the Speaker shall assume the chair.

Rule 75.

75.1 When the Committee of the Whole House has disposed of bills, resolutions, or

other measures before it, by motion and question, it shall rise, and the chairman shall be

instructed to report the action of the committee to the House. At this point, the Speaker

shall resume the chair, and the chairman shall return to the floor and shall state in

substance as follows: "Mr. Speaker, the Committee of the Whole House has had under

consideration (naming what) and has instructed me, as its chairman, to report the same

back to the House, with the recommendation that the same

" ("do pass,"

"do pass as amended," "do pass by substitute," or "do not pass," as the case may be).

75.2 The Speaker shall receive this report and repeat the same, and the matter shall then

be before the House for action, just as though reported by any other committee.

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

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to refuse to abide by the decision of the House such member may be expelled from the House by a two-thirds' vote of the members. Such vote shall be taken by yeas and nays and recorded on the journal of the House.
Rule 83. If any member shall be called to order for words spoken, the words excepted to shall be taken down in writing by the Clerk and read. The words excepted to shall then be admitted, denied, or explained by the member who spoke them. Thereupon, the question of order shall be decided and such other proceedings shall be conducted as the House may deem proper in regard thereto. If, at any time, the House is acting under the previous question, such question of order and other proceedings referred to shall not be taken up for decision until after the previous question and the main question have been disposed of or until such future time as may then be ordered by the House. No member shall be held to answer or be subject to actions by the House for words spoken in debate if any other member has spoken or other business has intervened before the exception to the words is taken.
Rule 84. Except as otherwise stated in these rules, no member shall address the House or a member of the House or interrogate a member who is speaking, except through the Speaker. Should the member speaking decline to be interrupted, the Speaker shall cause the member desiring to interrogate to be silent.
Rule 85. No member shall refer in debate to any private conversation with another member.
Rule 86. In addressing any other member, a member may designate the other member by: "Mr.," "Mrs.," "Miss," or "Ms." plus the member's last name; or by the member's title, by his or her position on the floor, by the district he or she represents, or by the county or city of his or her residence. Examples of acceptable ways to address members are: "Mr. Jones," "Mrs. Smith," "Ms. Smith," "Miss Smith," "the Representative from the First District," "Mr. Speaker Pro Tempore," "Mr. Administration Floor Leader," "Mr. Majority Leader," "the lady from DeKalb," "the Representative from Waycross," or "the gentleman from Macon."
MOTIONS
Rule 87. When any subject is before the House for consideration or under debate, no motion shall be received except the following:
(1) A motion to adjourn. (2) A motion to lay on the table. (3) A motion for the previous question. (4) A motion to adjourn to a time definite. (5) A motion to indefinitely postpone.

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(6) A motion to postpone to a day certain or to a time certain if postponed to a later time on the same legislative day. (7) A motion to commit. (8) A motion to amend. (9) A motion to print. Such motions shall have precedence in the order named. After a motion is stated by the Speaker, or read by the Clerk, it shall be deemed to be in the possession of the House, but may by unanimous consent be withdrawn at any time before the decision. Such motions made by any member need not be seconded.
Rule 88. No member may make more than one motion at a time. While the motion is being put to the House, the member making the motion must resume his or her seat, and such member is not further entitled to the floor unless recognized again by the Speaker.
Rule 89. No member who has the floor shall make any motion, the effect of which is to cut off debate, without relinquishing the floor.
COMMITMENT
Rule 90. Motions to commit may be made to refer a bill, resolution, or other measure to a standing or special committee or Committee of the Whole House. On a motion to commit, no debate shall be allowed. A motion to commit may be amended by substituting another committee for the one named by the member making the motion.
Rule 91. A motion to commit to a standing committee takes precedence over a motion to commit to a special committee and shall be first voted on. However, where a motion is made that a bill, resolution, or other measure be committed to the Committee of the Whole House, this motion shall be put before either of the above-named motions.
Rule 92. Any proposition that has been referred to any standing or special committee may, on motion, be recommitted to the same or any other committee by a majority of those voting, provided the total vote constitutes a quorum.
TABLING
Rule 93. A motion to lay on the table may be made after the motion for the previous question has been sustained; but, after the main question has been ordered, no motion to lay on the table is in order.
Rule 94. No motion to lay an amendment on the table shall be in order.
Rule 95. Neither the motion to lay on the table nor the motion to take from the table is debatable or amendable.

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Rule 96. A motion to lay on the table or to take from the table may be renewed from time to time when new business has intervened between the votes.
Rule 97. 97.1 If the motion to lay on the table prevails, it removes the measure from the consideration of the House, together with all the motions attached to it at the time. 97.2 When a proposition is taken from the table, it stands before the House in the exact form, with all the motions pertaining to it, as it stood at the time the motion to lay on the table prevailed. The measure and all motions shall remain in numerical order on the general calendar; provided, however, if the measure is tabled and taken from the table on the same legislative day when the rules calendar is in effect, it shall remain on that day's rules calendar and shall be treated as any other measure then on the rules calendar subject to any special rules previously placed on the measure by the Committee on Rules.
Rule 98. A majority of a quorum voting is necessary to lay a bill, resolution, or paper on the table. At any time when the House is not engaged on any other measure, a majority of a quorum voting may take from the table any bill, resolution, or paper which has been ordered to lie on the table.
INDEFINITE POSTPONEMENT
Rule 99. A motion to indefinitely postpone, if decided in the affirmative by a majority of those voting, provided the total vote constitutes a quorum, thereby disposes of said bill, resolution, or other measure for the session. Only one motion to indefinitely postpone any bill, resolution, or other measure shall be allowed.
Rule 100. While the motion to indefinitely postpone takes precedence over a motion to postpone to a day certain, or to commit, or to amend, a motion to indefinitely postpone cannot be applied to said motions, nor can it be applied to incidental questions, such as questions of order, reading of papers, withdrawal of a motion, and suspension of a rule.
Rule 101. The motion to indefinitely postpone lays open the whole question for debate, but the motion cannot be amended.
POSTPONEMENT
Rule 102. A motion to postpone to a day or time certain cannot be applied to subordinate or incidental questions but only to the whole measure. When the motion prevails, it carries forward the whole proposition and its appendages to the day or time named.
Rule 103. On a motion to postpone a question to a day or time certain, debate on the merits of the question is not in order. Debate and amendments may be allowed, but shall

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

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Rule 109. A substitute shall be treated as an amendment in these rules. However, for the purpose of amending a substitute, a substitute shall not be treated as an amendment.
Rule 110. Subject to any special rules authorized by Rule 33.2 and placed on any measure by the Committee on Rules, all motions to amend any matter before the House must be in writing. They must plainly and distinctly set forth the amendment desired and the part or parts of the bill or resolution where the amendment shall be inserted or added.
Rule 111. In order to be eligible for consideration any amendment must be germane to the subject under consideration. In order to be germane the amendment must be closely and directly related to the main measure, both with respect to the end to be accomplished and with respect to the means of accomplishing the end. Any irrelevant motion, irrelevant amendment, or amendment which is not germane to the subject under consideration shall be ruled out of order by the Speaker. The determination of relevancy and germaneness shall be according to the judgment of the Speaker. Appeals from the Speaker's determination shall be in accordance with Rule 30.
Rule 112. When a bill or resolution is before the House for consideration, and amendments are pending thereto, and a substitute shall be offered for said bill or resolution, and an amendment shall be offered to said substitute, it shall be in order for the House to perfect first the original bill or resolution and then perfect the substitute. The question shall then be on agreeing to the substitute as amended, if it has been amended; and, if decided in the affirmative, the question shall be, "Shall this bill pass by substitute?" or "Shall this resolution be adopted by substitute?" as the case may be. If both a committee substitute and a floor substitute are offered for a bill or resolution, a vote shall be taken on the committee substitute first.
Rule 113. When a motion is made to amend by striking out a part of a bill or resolution, any amendment offered to perfect the part proposed to be stricken shall be put before the question is put for striking it out.
Rule 114. On all questions, whether in committee or in the House, the last amendment, the most distant day, and the largest sum shall be considered first.
Rule 115. 115.1 Subject to any special rules authorized by Rule 33.2 and placed on any measure by the Committee on Rules, after commitment of a bill and report thereof to the House, it may be amended before the report of the committee is agreed to by the House; but the amendments, if any, reported by the committee shall be disposed of before any other amendment is considered unless it is an amendment to a committee amendment. 115.2 If a bill amending the last enacted general appropriations Act is reported out of committee as "do pass by substitute" or "do pass as amended," neither the committee of the whole nor the House of Representatives shall consider the bill until at least 24 hours

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after the substitute or the amendments, as the case may be, have been printed and placed on the desk of each member.
Rule 116. Subject to any special rules authorized by Rule 33.2 and placed on any measure by the Committee on Rules, an amendment cannot be offered after the report of the committee to which the bill or resolution under consideration was referred has been agreed to by the House, unless the action of the House in so agreeing to the report of the committee shall first be reconsidered.
Rule 117. 117.1 The questions which arise before the House respecting amendments by the Senate to a House bill or resolution are, in order of precedence:
(1) A motion to agree to the Senate amendment. (2) A motion to disagree with the Senate amendment. (3) A motion to recede from the House's disagreement or amendment. (4) A motion to insist on the House's disagreement or amendment. 117.2 When in the Speaker's opinion a Senate amendment to a House bill is not germane, the Speaker is authorized on the Speaker's own motion or upon a point of order being made to rule out such amendment. The effect of such ruling of the Speaker, if not appealed from or if appealed from and the appeal is not sustained, shall be the same as a vote of the House to disagree, and the Clerk shall so report it to the Senate. Such point of order shall take precedence over a motion to agree. 117.3 However, when any question of disagreement with the Senate arises, the following motions shall be in order at any time the movant can legally obtain the floor: 1st. a motion to insist upon the House position and 2nd. a motion to recede from the House position. Debate thereon is limited as in the case of reconsideration. These motions shall be put in the order listed, subject to disposition by the House of any amendments affecting the matter in disagreement.
Rule 118. A motion to amend an amendment made by the Senate to a House bill or resolution takes precedence over a motion to agree or disagree to the amendment.
Rule 119. When any bill or resolution which originated in the House has been amended in the Senate and is before the House for action on the Senate amendment, any amendment may be offered in the House to the Senate amendment; but the House amendment to the Senate amendment cannot be further amended. The amendment offered in the House to the Senate amendment must be agreed to or voted down before the Senate amendment, as amended by such House amendment, may be agreed to or voted down.
Rule 120. 120.1 A Senate amendment to a House bill or resolution must be adopted by the vote required to pass the bill, resolution, or matter under consideration.

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

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be unlocked for voting, or after a division of the House has been had on the vote and the vote is in process of being counted and announced. In such cases the roll call shall be completed, the vote counted, and the result finally announced.
Rule 124. 124.1 Subject to any special rules authorized by Rule 33.2 and placed on any measure by the Committee on Rules, when the previous question has been ordered, the House shall proceed to act on the main question without debate, except that, before the main question is put, 20 minutes shall be allocated to the chairman of the committee whose report of the bill or other measure is under consideration to close the debate. The chairman may yield the floor to such members as he or she may designate for all or any part of the 20 minutes allowed under this paragraph. 124.2 In all cases where a minority committee report has been submitted in conformity with Rule 56, if the previous question has been ordered, and prior to the time allocated to the chairman, there shall be allocated 20 minutes to the first signer of the minority report to present the minority position. He or she may yield the floor to such members as he or she may designate for all or part of the time allowed under this paragraph.
Rule 125. All incidental questions of order arising after a motion is made for the previous question, and pending such motion, shall be decided without debate, whether on appeal or otherwise.
Rule 126. The effect of the order that the main question be now put is to bring the House to a vote on the pending questions.
Rule 127. After the main question has been ordered, a motion to reconsider this action will, if adopted, have the effect to repeal the ordering of both the main question and the previous question and will leave the pending measure again open to debate and amendment as, and if, authorized by the Committee on Rules, and the same time limits provided for in Rule 124.1 shall be applicable. The motion to reconsider the ordering of the main question can be made only once and, if lost or if the main question is again subsequently ordered on the pending measure, no second motion to reconsider the ordering of the main question shall be entertained.
VOTING
Rule 128. If no specific vote is provided in these rules for the passage of any resolution, motion, or measure, which will not become a law, the vote for such passage must be by at least a majority of all members to which the House is entitled, unless enacted by unanimous consent.

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Rule 129. No member shall be permitted to cast his or her vote on any motion, resolution, amendment, bill, or other question until the question is put to the House under the rules of the House by the Speaker.
Rule 130. The Speaker's method of stating a question or any motion, after the same has been read to the House by the Clerk, shall be as follows: "All in favor of the motion will say 'Yes.' Those opposed will say 'No.'" When a decision seems doubtful to the Speaker or when a division of the House is called for by any member of the House, the Speaker shall call upon the members in favor of the motion to indicate by a show of hands. After a count is had by the Clerk, the Speaker shall call upon the members to reverse their positions, and the Speaker shall announce the result.
Rule 131. When less than a quorum vote on any subject under consideration by the House, the Speaker may order the doors of the House to be closed and the roll of members called by the Clerk or by the electric roll-call system. If it is ascertained that a quorum is present, either by answering to their names or by their presence in the House, the refusal of any member present to vote, unless excused, shall be deemed a contempt of the House.
Rule 132. After the main question is ordered, any member may call for a division of the House in taking the vote or may call for the yeas and nays. If the call for the yeas and nays is sustained by one-fifth of the members voting, the vote shall be taken by the yeas and nays and so entered on the journal. A motion for the call of the yeas and nays shall be decided without debate.
Rule 133. When the question is put, every member within the chamber shall vote unless the member is immediately and particularly interested therein or unless the member is excused by the House. A motion by a member to be excused from voting must be made before the House divides or before the call of the yeas and nays is commenced, and it shall be decided without debate. The member making the motion may briefly state the reason why it should prevail. In every case where the seat of a member is being contested, the sitting member and the contestant shall both retire from the House before the vote is taken.
Rule 134. No pairing of members shall be recognized or allowed as an excuse for not voting.
Rule 135. No member or person shall vote for another member on any question or proposition unless otherwise ordered by the Speaker. Any violation of this rule may be punished by fine, censure, or other action ordered by the House.
Rule 136. No member shall be permitted to explain his or her vote during a roll call, but such member may reduce his or her explanation to writing in not more than 200

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words. If this writing is filed with the Clerk on the same day as the roll call, the writing shall be spread upon the journal.
Rule 137. When any question has been put to a vote by the Speaker's calling for a voice vote, calling for a show of hands, commencing the calling of yeas and nays, or unlocking the electric roll-call system, no debate shall be allowed and no member shall be recognized for a parliamentary inquiry or any other purpose until the vote has been completed and the result announced. The only exceptions allowed to this rule shall be: (1) when the Speaker has called for a voice vote or a show of hands, a member may call for the yeas and nays as provided for in Rule 132; (2) when an electric roll-call vote is in progress, a member may be recognized for the purpose of calling attention to a malfunction in the electric roll-call system; or (3) a member may be recognized for the purpose of calling attention to any member voting for another member in violation of Rule 135.
Rule 138. 138.1 Each member shall be issued one electronic card by the Clerk to activate the member's voting console to allow the member access to the electronic voting system. A member may not duplicate the electronic card issued by the Clerk. An electronic voting card issued to a member must not be left in the voting console at any time while the member is not in the seat or in the immediate proximity of the member's seat. 138.2 Should the clerk, sergeant-at-arms, doorkeeper, messenger or any member of the Uniform Division or Executive Security Guard Division of the Dept. of Public Safety permanently assigned to provide security in the House Chamber see an electronic voting card in an empty seat, such authorized person shall remove the electronic voting card and deliver it to the Clerk. 138.3 If a member loses their card, a replacement will be issued by the Clerk at the member's expense.
Rule 139. 139.1 If the taking of yeas and nays is required by the Constitution, by House rule, or by law, the electric roll-call system shall be used, unless the Speaker orders the Clerk to take a viva voce roll call. On all other questions or propositions, the Speaker may, in the Speaker's discretion, order a division of the House, a roll call on the electric roll-call system, or a viva voce roll call. 139.2 When the House is ready to vote upon a question and the vote is to be by the electric roll-call system, the Speaker shall state: "The question is on (designating the matter to be voted upon). All in favor of such question shall vote 'Yes,' and all opposed shall vote 'No.'" The Speaker shall then have the voting machine unlocked. 139.3 The machine shall remain unlocked for voting for a period of at least 60 seconds, after which the machine shall be locked by the Clerk on order of the Speaker and the votes shall be tabulated. 139.4 The Speaker shall then announce the results.

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Rule 140. 140.1 After the call of the yeas and nays, the Clerk shall verify how each member voted, and no member shall be permitted to change his or her vote unless the member declares at the time of the verification that he or she voted under a mistake of the question. When the electric roll-call system is used, this rule shall not be applicable. 140.2 Verification of a roll-call vote may be dispensed with only by unanimous consent or by a majority of a quorum. When the electric roll-call system is used, no verification of the roll-call vote is required.
Rule 141. Each member shall vote from such member's own seat when the yeas and nays are taken by the electric roll call, and during such a vote no person shall be allowed upon the floor of the House except the members and those persons provided for in these rules.
Rule 142. Whenever on any question the yeas and nays have been ordered, the Clerk shall also enter on the journal the names of those members not voting.
RECONSIDERATION
Rule 143. Except as authorized by the Speaker, all motions for reconsideration of a bill or resolution shall be made pursuant to the following procedures: (1) Motions for reconsideration shall be in order immediately before the period for members to rise on notices of Morning Orders under Rule 40 and the third reading of bills and resolutions on the day succeeding the action sought to be reconsidered and such other days as provided in these rules. Before any action can be reconsidered, notice must have been given to the House of intention to so move during the legislative day during which the action sought to be reconsidered took place. The notice of a motion to reconsider shall not be withdrawn after the time has elapsed within which it might originally have been made. A motion for reconsideration takes a majority of those voting, providing the total vote constitutes a quorum. (2) When the action sought to be reconsidered occurs on the last legislative day of the week, the motion for reconsideration shall be in order on the following Monday or the next legislative day if the House is not in session. When the action sought to be reconsidered occurs on any of the last three days of the session, the same may be reconsidered only before the transaction of other business. (3) The action of the House upon a House amendment may be reconsidered at any time before final action upon the section, bill, or resolution to which the amendment relates. The action of the House on Senate amendments shall be in order for reconsideration immediately, and not otherwise.
Rule 144. No bill, resolution, or amendment shall be reconsidered more than once.

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Rule 145. Any bill or resolution which is reconsidered shall take its place in numerical order on the general calendar and shall include any substitute and all amendments which were a part of such bill or resolution when the action of the House which is being reconsidered is taken.
COMMITTEES OF CONFERENCE
Rule 146. 146.1 Whenever any member moves that a committee of conference be appointed, on disagreeing votes or other matters of the two houses, and the motion prevails, the Speaker shall appoint three members for the committee. 146.2 The committee of conference, once appointed, may consider the whole subject matter embraced in a bill, resolution, or other matter before it and may recommend rescission by either house, new amendments, new bills and resolutions, or other germane changes. 146.3 The committee of conference may establish rules for the conduct of its meetings which are not in conflict with this rule. Said meetings shall be open to the public at all times, except as provided in Rule 14. 146.4 A report of a committee of conference must be approved by a majority vote of the entire membership of the committee before the report may be transmitted to either the Senate or the House. 146.5 After a committee of conference has been in existence for five days and has failed to make a report to the House on the question under consideration, the House, on motion and by a majority vote of all members elected to the House, may discharge the House conferees and direct the Speaker to appoint another committee of conference. However, during the last five days of the session such motions may be made and passed at any time, but not more often than every three hours. 146.6 All reports of committees of conference shall be printed and distributed to the Representatives at least one hour prior to consideration of the same unless such requirement is dispensed with by a majority vote of all members elected to the House. Such one hour period shall be measured from the time the distribution of the report of any committee of conference begins. All reports of committees of conference must be adopted by the vote required to pass the bill, resolution, or matter under consideration. The report of a committee of conference shall not be subject to amendment or substitution by the House and can only be adopted or rejected as reported by the committee of conference. Any report of a committee of conference which is amended or substituted for by the Senate shall be considered by the House as having been rejected by the Senate.
ENACTMENT
Rule 147. The Speaker may recognize any member at any time for the purpose of asking unanimous consent: (1) to introduce a new matter, (2) to recommit a bill or

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resolution, or (3) to withdraw a bill or resolution from one committee and recommit it to another.
Rule 148. 148.1 The Speaker shall not recognize any member at any time, except during the first thirty minutes after the confirmation of the journal, for the purpose of asking unanimous consent: (1) to read any bill or resolution the second time or any local bill or resolution or (2) to put any local bill or resolution upon its passage. 148.2 The Speaker shall not recognize any member at any time for the purpose of asking unanimous consent to put any general bill or resolution upon its passage or to read such bill or resolution and recommit it. 148.3 The Speaker shall not recognize any member at any time for the purpose of asking unanimous consent to cast such member's vote on any motion, resolution, amendment, bill, or other question. 148.4 The Speaker shall entertain only one unanimous consent at any one time.
Rule 149. Any bill or resolution may be withdrawn at any time by unanimous consent of the House or by a majority vote of all the members to which the House is entitled.
Rule 150. No bill or resolution shall be transmitted to the Senate on the day of the passage thereof except by unanimous consent or unless a majority voting, provided the total vote constitutes a quorum, shall so order. However, any bill or resolution which requires action by the Senate, on the last day the Senate will accept a House bill and during the last three legislative days, shall be immediately transmitted by the Clerk to the Senate after the period for reconsideration has expired.
Rule 151. All Acts and joint resolutions shall be signed by the Speaker and Clerk, and all writs, warrants, and subpoenas issued by order of the House shall be signed by the Speaker and attested by the Clerk.
ADJOURNMENT
Rule 152. The motion to adjourn may be made at any time when the movant can legitimately obtain the floor.
Rule 153. A motion to adjourn may be made after the motion for the previous question has been sustained. However, when the main question has been ordered, no motion to adjourn is in order; nor shall any motion to adjourn be in order after the Clerk has called the first name of the yeas and nays and a vote of one member has been given, or after the Speaker has ordered the roll-call system unlocked for voting, or after a division of the House has been had on a vote and the vote is in process of being counted and announced. In such cases the roll call shall be completed, the vote counted, and the result finally announced before a motion to adjourn shall be in order.

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Rule 154. A motion to adjourn is in no instance debatable, nor shall a motion to adjourn be made a second time until further progress has been made in the business before the House. A motion to adjourn in its simple form shall not be amended.
Rule 155. A motion to adjourn to a particular day or for a particular time, if made when the House is not actually engaged in other business, is debatable and is amendable as to the day or time proposed.
Rule 156. When a motion to adjourn in its simple form prevails, it adjourns the House to the next legislative day.
Rule 157. Whenever the hour of adjournment, as fixed by a prior resolution, shall arrive after the report of the committee has been agreed to, the session shall continue until the final vote is taken and announced.
Rule 158. At the time of adjournment, no member shall leave his seat until the Speaker leaves the chamber.
CONTESTS
Rule 159. 159.1 All contests to the seating of any person elected as a member of the House of Representatives shall be filed with the Clerk of the House. 159.2 When a contest is filed, the Clerk shall report the contest to the Speaker who shall refer it to the Committee on Rules. The committee shall convene as soon as possible and, after notifying the person whose seat is contested, shall proceed to resolve the contest and file its actions with the Clerk. The action of the committee shall be considered the action of the House until the next legislative day, at which time the House shall affirm or reverse the committee or take such other action thereon as it sees fit. 159.3 In all contests, the person whose seat is contested shall have notice and opportunity to be heard, the right of counsel, and the right to compulsory process for the production of evidence in his or her behalf. 159.4 Contests will only be received or recognized by the Clerk when filed by a person duly certified as having been elected to the House or by a person who was a candidate for such contested seat in the election held to fill the seat. No person may file a contest to more than one seat.
PAGES
Rule 160. Each member of the House shall be allowed a maximum of ten (10) page days during each annual session. One page day shall be deemed to be utilized by the service of one page. Said ten page days may be utilized on one legislative day or on separate legislative days in the discretion of the member. No one who is not at least 12

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

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

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

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Rule 165. The Committee on Ethics shall be composed of a chairman who shall be appointed by the Speaker of the House; the Speaker Pro Tempore; the Majority Leader; the Majority Whip; the Majority Caucus Chairman; the Majority Caucus Vice Chairman; the chairman of the Committee on Judiciary; the Minority Leader; the Minority Whip; the Minority Caucus Chairman; and the Minority Caucus Secretary.
Rule 166. The Committee on Ethics is deemed to simply be a committee of the House, and neither it nor any staff or material in its possession shall be deemed to be a public office or records of a public office; provided, however, the committee may by rule provide for the release of information or documents received by it in the course of the performance of its duties and, when so released, such shall be deemed to be a report of its proceedings. This committee is created and shall be construed to function in furtherance of the power conferred upon the House by Article III, Section IV, Paragraph VII of the Constitution of this state.
Rule 167. 167.1 The committee is authorized to provide its rules of procedure, including a determination on a case-by-case basis of when its meetings shall be open to the public. Subject to the provisions of these rules which mandate initial confidential treatment of complaints and preliminary investigations, such determination shall be made on the basis of balancing the need for openness in government with the need to preserve confidential sources of information, the need to protect the privacy rights of parties or witnesses, the need to secure the integrity of the committee's investigation, or any other compelling need for confidentiality. Notwithstanding the foregoing, if the person whose conduct is in issue, or all such persons if more than one, demands same in writing, the meetings shall be open to the public. This portion of this rule and any rule of the committee made pursuant to the authority herein granted shall be deemed a rule of the House as authorized by Article III, Section IV, Paragraph XI of the Constitution of this state. Members and staff of the House shall have an affirmative duty to protect the confidentiality of proceedings and material designated as confidential by the committee. The committee may in its proceedings require the attendance and testimony of witnesses and the production of documents and materials. 167.2 The committee or subcommittee may in its discretion postpone any investigation or proceeding when the committee or subcommittee deems such action advisable because of the existence of a related judicial proceeding or criminal investigation.
Rule 168. Any member of the House or other person who is the subject of a complaint to or investigation by the committee or subcommittee shall have the following rights in all proceedings of the committee or subcommittee: (1) the right to prompt, full, and adequate notice of the charges against such person, including notice of the filing of any complaint and the commencement of any preliminary investigation, and the time and place of all proceedings to be conducted thereon; (2) the right to representation by counsel; (3) the right to cross-examine the witnesses called by the committee or

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preliminary inquiry subcommittee; (4) the right to present witnesses and evidence; and (5) upon request, the right to require, through the same process used by the committee or subcommittee, the attendance of witnesses and the production of documents and materials. The manner of securing such rights shall be as determined by the committee or subcommittee before which the proceedings are pending.
Rule 169. In any matter which calls into question the conduct of any officer or member of the committee, such officer or member shall recuse himself or herself from the proceedings of the committee and a replacement for such officer or member shall be appointed by the Speaker of the House, unless the conduct of the Speaker is also called into question. If the conduct of the Speaker is also called into question, any replacement officer or member shall be appointed by the Clerk of the House, unless the conduct of the Clerk is also called into question. If the conduct of both the Speaker and the Clerk is called into question, any replacement officer or member shall be appointed by a majority of those chairmen of standing committees whose conduct is not called into question in the matter. Any replacement officer or member of the committee shall be of the same political party as the officer or member to be replaced and shall be appointed from a list of three names submitted by the remaining members of the Ethics Committee who are of the same party as the officer or member to be replaced.
Rule 170. These rules shall not be retroactive to matters occurring prior to their adoption. Otherwise, the Committee on Ethics shall not have jurisdiction to investigate or act upon conduct occurring prior to the then present or next most recent term. Term shall mean the two-year term served by members of the House.
Rule 171. Members and employees of the House shall conform to the following standards of ethical and proper conduct. Such standards shall not be exclusive of other lawfully imposed standards of conduct for members and employees of the House: 171.1 No member or employee of the House shall unlawfully use his or her office or official position for personal financial gain, and each member or employee shall be entitled to compensation for his or her official duties only to the extent of pay and allowances attaching to such office or position or as is otherwise authorized by law. Nothing in these rules, however, shall be construed to prevent a member or employee from lawfully pursuing his or her business or profession or to limit ordinary and necessary communications in the pursuit thereof while serving in an official capacity; 171.2 No member or employee of the House shall use state funds, facilities, equipment, services, or other state resources for nonlegislative purposes, for the private benefit of any person, or for the purpose of soliciting campaign funds. This paragraph does not prohibit:
(A) Limited use of public resources for personal purposes if the use does not interfere with the performance of public duties by a member or employee of the House and the cost or value related to the use is nominal;

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

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Rule 172. 172.1 The Committee on Ethics may undertake activities appropriate to educate members of the House with respect to proper and ethical conduct. The committee shall provide for the annual compilation, publication, and distribution of a manual or handbook containing relevant provisions of these rules and laws relevant to proper and ethical conduct of members and employees. 172.2 All persons who are newly elected to the House in the year 2000 or thereafter who have not previously served in the House shall complete a course of training relating to proper and ethical conduct of members. Such course may be completed at the Biennial Institute for Legislators or on other appropriate occasions. The Committee on Ethics shall cooperate with the Georgia General Assembly Training Institute and the Carl Vinson Institute of Government of the University of Georgia in making such training available to newly elected members and other members of the House. The failure of a member to take the training provided for in this rule shall not prevent the member from taking office or serving as a member of the House.

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

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

Abdul-Salaam N Abrams Y Amerson N Ashe Y Barnard Y Bearden N Beasley-Teague N Benfield Y Benton Y Black Y Bridges N Brooks N Bruce N Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd N Carter, A Y Carter, B

Y Dempsey Y Dickson 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 N Frazier Y Freeman N Gardner Y Geisinger N Glanton Y Golick

Y Holt Y Horne Y Houston N Howard Y Hudson N Hugley N Jackson Y Jacobs N James N Jamieson N Jenkins Y Jerguson N Johnson, C N Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Knight

Y Martin Y Maxwell Y May Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby Y Mumford N Murphy Y Neal Y Nix N Oliver Y O'Neal Y Parham Y Parrish Y Parsons

Y Scott, M Y Sellier Y Setzler N Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner N Starr Y Stephens N Stephenson Y Talton

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Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M N Crawford, R N Davis, H Y Davis, S Y Day

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

Y Knox Y Lakly Y Lane, B Y Lane, R N Levitas Y Lewis
Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham Y Manning N Marin

Y Peake N Porter N Powell Y Pruett Y Ralston N Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders N Sailor Y Scott, A

On the adoption of the Resolution, the ayes were 110, nays 66.

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

The Resolution was adopted.

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

A RESOLUTION calling a joint session of the House of Representatives and Senate; providing for other matters relative to the inauguration of the Governor and Lieutenant Governor; and for other purposes.

The President has appointed as a Committee of Escort on the part of the Senate the following Senators: Moody of the 56th, Golden of the 8th, Seabaugh of the 28th, Adelman of the 42nd, Williams of the 19th, Brown of the 26th, and Johnson of the 1st.

The following Resolution of the Senate was read:

SR 9.

By Senators Johnson of the 1st, Williams of the 19th and Brown of the 26th

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A RESOLUTION

Calling a joint session of the House of Representatives and Senate; providing for other matters relative to the inauguration of the Governor and Lieutenant Governor; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the House of Representatives and Senate meet in joint session at 2:00 P.M., Monday, January 8, 2007, at Philips Arena for the purpose of inaugurating Honorable Sonny Perdue as Governor and Honorable Casey Cagle as Lieutenant Governor.

BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the presiding officer of the House and seven from the Senate to be named by the President Pro Tempore of the Senate, be appointed to escort the Governor-elect and the Lieutenant Governor-elect to the inauguration.

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

Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox

Y Dempsey Y Dickson 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
Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall

Y Holt Y Horne
Houston Y Howard Y Hudson
Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix
Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts

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

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Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Hembree Y Henson Y Hill, C Y Hill, C.A
Holmes

Y Lunsford Y Maddox Y Mangham Y Manning
Marin

Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the adoption of the Resolution, the ayes were 167, nays 0.

The Resolution was adopted.

The following Resolution of the Senate was read and adopted:

SR 2.

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.

A RESOLUTION

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

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

The next order of business being the election of a Doorkeeper of the House for the 2007-2008 term, Representative Smith of the 129th placed in nomination the name of the Honorable Phil Tucker, which nomination was seconded by Representative Rynders of the 152nd.

Representative Keen of the 179th moved that the nominations be closed and that the Clerk of the House be instructed to cast the entire vote of the membership present for the nominee. The motion prevailed and on the election of the Doorkeeper of the House, the Honorable Phil Tucker received the entire vote of the membership present.

The Honorable Phil Tucker was thereby declared elected Doorkeeper of the House for the ensuing term.

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The Honorable Phil Tucker was escorted to the Speaker's stand where he expressed his appreciation to the members for having elected him as Doorkeeper of the House of Representatives.
The next order of business being the election of a Messenger of the House for the 2007-2008 term, Representative Franklin of the 43rd placed in nomination the name of the Honorable Roger Hines, which nomination was seconded by Representative Scott of the 153rd.
Representative Burkhalter of the 50th moved that the nominations be closed and the Clerk of the House be instructed to cast the entire vote of the membership present for the nominee. The motion prevailed and on the election of the Messenger of the House, the Honorable Roger Hines received the entire vote of the membership present.
The Messenger was escorted to the Speaker's stand where he expressed his appreciation to the members for having elected him as Messenger of the House of Representatives.
The Speaker announced the House in recess until the hour of convening the Joint Session pursuant to SR 9.
The hour of convening the Joint Session pursuant to SR 9 having arrived, the members of the House and Senate met for the purpose of inaugurating the Honorable Sonny Perdue as Governor and the Honorable Casey Cagle as Lieutenant Governor.
The inaugural program was as follows:
The Inauguration of Sonny Perdue The 81st Governor of the State of Georgia
January the Eighth Two Thousand and Seven
The Inauguration of the
Governor of Georgia
Philips Arena Atlanta, Georgia January the Eighth Two Thousand and Seven
2:00 PM

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Georgia Inaugural 2007 Committee

It is our pleasure to welcome you to the Inauguration of the 81st Governor of Georgia, Governor Sonny Perdue. Today's inauguration is a truly historic event, and we are thrilled that you have joined us in our state's capitol for this very special occasion.

Governor Perdue's inaugural committee is comprised of citizens from across the state and from all walks of life. The committee's membership is symbolic of the first four years of our Governor's Administration which has sought to engage every Georgia citizen in state government's decision-making and then work in their best interest. It is our sincere desire that today's inauguration captures the spirit of inclusion that has been a hallmark of the Perdue Administration.

The inauguration of Governor Perdue to a second term in office offers us all the opportunity to celebrate the tremendous success of the past four years and look forward with great excitement to the immeasurable potential of the four years that lie ahead. We invite all Georgians to join in this special celebration.

Sincerely,

/s/ Alec Alec Poitevint

/s/ Rayna Rayna Casey

Chairman .............................. Alec Poitevint Vice Chair.............................John Cowherd Co-Chairman .......................... Rayna Casey Vice Chair..............................Jim Edenfield Honorary Co-Chairman .......... Eric Johnson Vice Chair............................. Judy Goddard Honorary Co-Chairman .. Glenn Richardson Vice Chair............................... Frank Hanna
Vice Chair.................................... Bill Jones Vice Chair................................ Gregg Jones Vice Chair...........................Jamie Reynolds Vice Chair........................... Eric Tanenblatt Vice Chair............................... John Watson

David Adams Terry Agne Thomas Allegood David Allman Dan Amos Richard Anthony Boyd Austin Nick Ayers Joel Bacon Wanda Barrs Dot Bass Phillip Bell Tom Bell Paul Bennecke Sheriff Wayne Bennett Richard Bentley Mike Berg Ken Bernard Phil Best Gary Black Jimmy Blanchard Brian Bloye Mike Bowers Clint Brannen Buzz Brockway Brent Brown Danny Bryant Martha Bryant Warren Budd Rex Bullock Brian Burdette Anna Cablik Ali Chunara Calder Clay Don Cole Holly Comer Dr. David Cooper Fred Cooper Wallace Coopwood Ben Copeland Deke Copenhaver Dr. Frank Cox Billy Croker

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Jeff Crook G. Melvin Davis Jeff Davis Nighta Davis Clint Day Nathan Dean Lou Dekmar Sonny Deriso James Dixon Dr. John Dobbins Eugene Dyal Matt Echols Norma Edenfield Joe Edwards Fred Elrod Roy Embry Andrew Entwistle Osal Evans Randy Evans Chris Fauls Roy Fickling Mary Flanders Phil Forest Robby Foster Carl Franklin Col. Jimmy Franklin Bobbie Franz Chan Gailey Eva Galambos Sheriff Roger Garrison Newt Gingrich Mindie Glidewell Ms. Pat Graham Anna Grant Jones Steve Green Jim Hammock Dr. Mark Hanley David Hanna Rev. David Harper Rev. William F. Harrell Richard Harrell Bob Hatcher Joe Hatfield

Bebe Heiskell Linda Herren Susan Holmes Dr. Tommy Hopkins Sheriff Chris Houston Julie Hunt Norman Hunt Lee Hunter Brian James Mabel Jenkins Mansfield Jennings Sheriff Mike Jolley Dub Jones Carole Kaczorowski Sam Kellett, Jr. Mutt Kennedy Alton Knight Marty Kogon Bob Krueger Willard Lasseter Don Layfield Julian LeCraw Dr. Richard Lee Don Leebern, Jr. Don Leebern, III Buddy Leeger Charles Lingle Mike Long Courtney Loudermilk Jeff Lukken Sybil Lynn Patricia Lyons George Mathews Mack Mattingly Bob Mayzes Dave McCleary Johnny McCune Danny McDade Perry McGuire Aaron McWhorter Dr. James Merritt Guy Millner Charles Mobley

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Bo Moore Bartow Morgan Lisa Muldrew Stelling Nelson Charlie Newton Sunny Park Trummie Patrick Earl Patton Rick Patton Rusty Paul Sheriff Ashley Paulk Matthew Payne Chip Pearson John Pearson Oscar Persons Lee Pickard Robert Pollard Randy Pope Wesley Rakestraw Tom Ratcliffe Narender Reddy Mercer Reynolds Mark Richt

Roy Roberts, Sr. Wayne Robertson Joe Rogers Norma Rogers Ned Sanders Jon Shoemaker Ben Slade Harold Slone Jane Leigh Smisson Gary Smith Rick Smith Sheriff Al St. Lawrence Haydon Stanley Jim Stephenson Tommy Stewart Jesse Stone Robyn Stone Jimmy Tallent Sheriff Cullen Talton Jan Tankersley Ben Tarbutton Gerald Thompson Trisha Thompson

Lance Toland Doug Tollett Billy Ulm Suzi Voyles Ronald Wallace Jim Walters Jeff Wansley Dr. Maurice Watson Sam Way John White Mike White Sheriff Clay Whittle Bob Wilbanks Tom Wiley J.T. Williams Virgil Williams Jack Winter Bryant Wright Todd Wright Jane Wyatt Delos Yancey Sheriff Mike Yeager Dr. Michael Youssef

Georgia Inaugural History

Georgia has always recognized the importance of gubernatorial inaugurations, treating the events with dignity and reverence.

For nearly one hundred and fifty years, the ceremony was open to only a handful of individuals. The swearing-in traditionally took place in the House of Representatives chamber, with the Speaker of the House presiding over the ceremony. The joint session of the legislature would witness the swearing-in, along with citizens in the gallery. Following the Oath of Office, the incoming Governor would administer the oaths to the constitutional officers, and deliver his Inaugural address to the legislature.

Traditionally, a small celebration was held upstairs in the Capitol building, providing the new Governor an opportunity to meet with legislators and community leaders.

In 1946, the swearing-in ceremony was moved outside, allowing thousands of citizens, willing to brave the winter weather, the opportunity to witness the event. As the state continued to grow, so did the size of the celebrations. Inaugural balls became commonplace, and the event's symbolic importance continued to grow.

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In 2003, Governor Sonny Perdue moved the swearing-in ceremony to Atlanta's Philips Arena, offering tens of thousands of citizens the opportunity to witness the event in comfort, regardless of the weather conditions. The swearing-in will be held at Philips Arena again in 2007.
This year's Inaugural Celebration will be held at the Georgia World Congress Center, providing citizens from all corners of the state and from all walks of life the opportunity to celebrate with Governor and Mrs. Perdue.
My Fellow Georgians,
Mary and I are honored to have you here to witness this very special event. It is the overwhelming support of wonderful citizens from across our great state that keeps our heart for public service energized. As I take my oath of office, please know that I will be doing so with you in mind. Without you, I know that we could not have accomplished all that we have over the past four years.
At my 2003 inauguration, I spoke of the New Georgia. I believed the people of Georgia deserved a principle-centered, people-focused government that will uphold the highest standards of public trust, provide a world class education system, and attract high quality jobs to our state.
In our first term, you helped me build that New Georgia. We inherited a $640 million deficit and turned it into a $580 million surplus. We inherited an economy that was losing jobs and went on to help create over 200,000 new ones. We inherited public schools that were lagging behind the rest of the nation and produced the highest SAT ranking and graduation rate in our state's history. And this was only part of our story.
You helped us produce the remarkable turnaround. Now we will have four more years to build on the progress we made in our first term. Along with the new constitutional officers who will be inaugurated today, we begin to implement our vision for our second term. We will cut taxes for seniors, protect our children from online predators, promote energy independence, and continue to improve our graduation rate.
These important initiatives are only a start for what we will do together in the second term to make our state an even better place. Together, we will keep moving Georgia forward.
Sincerely,
/s/ Sonny Sonny Perdue Governor of Georgia

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The Governor and Mrs. Perdue
George Ervin "Sonny" Perdue, III Governor of Georgia
Sonny Perdue was sworn in as Georgia's 81st Governor on January 13, 2003. Governor Perdue immediately went to work reforming the state budget, setting priorities, and cutting wasteful spending. His efforts helped stimulate the economy and turn the state budget deficit that he inherited into a substantial surplus. The Governor then invested in his top priorities and got results. During Perdue's first term, Georgia created over 200,000 new jobs and posted the highest graduation rate and SAT scores in state history.
As Georgia's Governor, Perdue has led the state based on his life experiences prior to entering public service. Sonny was born on December 20, 1946, in Perry, Georgia, to a lifelong farmer and a classroom teacher. He graduated from Warner Robins High School and earned a doctorate in veterinary medicine in 1971 from the University of Georgia. Following his service as a Captain in the United States Air Force, Perdue became a successful small-business owner, concentrating in agribusiness and transportation. Today, those businesses have grown to include several locations across the Southeast.
Perdue was a respected leader in his church and his community when he decided to enter public service. After serving on the Houston County Planning and Zoning Board during the 1980's, he ran for the Georgia State Senate in 1990 and won. Sonny spent the next 11 years representing his Middle Georgia district in the General Assembly. Perdue left the State Senate in 2001 to begin his successful campaign for Governor, which focused on restoring public trust in state government and empowering all Georgians. After a first term marked by numerous accomplishments, Governor Perdue won reelection by an overwhelming margin in November 2006.
For all of his success in business and public service, Governor Perdue is proudest to serve as devoted husband, loving father, and grandfather. Sonny is married to the former Mary Ruff of Atlanta, Georgia. The couple has four children and six grandchildren. Additionally, Sonny and Mary have served as foster parents for eight newborns awaiting adoption. The Perdues attend the First Baptist Church of Woodstock, where they have taught a Sunday school class for young couples emphasizing the importance of faith in building a strong and lasting marriage.
Mary Perdue First Lady of Georgia
Mary Perdue has centered her life around matters involving family and children in her roles as mother, grandmother, foster parent, speech pathologist, and children's ministry

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volunteer in her church. As Georgia's First Lady, she continues to make family and children's issues her primary focus. The First Lady is committed to working in support of the welfare of our children, particularly children in foster care and the juvenile justice system. She believes it is critical to reach children in their early years to avoid potential social problems as teenagers or adults.
In August 2003, Mrs. Perdue launched her "Our Children" campaign, to raise awareness about the need for foster care programs in Georgia and to encourage individuals, corporations, and faith-based organizations to take an active role in addressing the needs of their community. Her objective is to increase the number of available foster homes and volunteer hours, and financial and in-kind contributions to our youth-serving organizations. In 1998, the First Lady and her husband, Governor Sonny Perdue, served as foster parents for eight newborns awaiting adoption through Covenant Care in Macon, Georgia. Their personal experience served as the inspiration for this initiative. Additionally, Mrs. Perdue has created the First Lady's Children's Cabinet, whose mission is to stem child abuse and neglect, and to promote foster care and adoption. Cabinet members include heads of state agencies that address children's issues.
Mrs. Perdue was born in New Orleans, the third of five children of Ed and Lorraine Ruff. She also lived in Nashville, Tennessee, before settling in Atlanta. As a student at the University of Georgia, she met future Governor Sonny Perdue on a blind date, and they married in September 1972. After being a stay-at-home mom for 19 years, Mrs. Perdue served as a speech therapist to public school children from pre-kindergarten to high school. The Perdues have four children Leigh, a speech therapist; Lara, a stay-athome mother; Jim, a church pastor; and Dan, a webmaster. Governor and Mrs. Perdue also have six grandchildren Sunni, Mary Kate, Jack, Jake, Elizabeth, and Judd. When in Atlanta, the Perdues attend the First Baptist Church of Woodstock, where they have taught a Sunday school class that focuses on strengthening marriages.
Casey Cagle Lieutenant Governor of Georgia
Born in Hall County, a seventh generation resident, Casey Cagle graduated from Johnson High School and attended Gainesville College and Georgia Southern University. A self-employed businessman, he has had remarkable success and is now a leader in the banking and real estate industries of northeast Georgia.
Cagle was first elected to the state Senate in 1994, where he served 12 successful and productive years representing the 49th District.
During his time in the Senate, Cagle served as chairman of the Finance Committee and on several other key committees, including the influential Appropriations, Banking and Financial Institutions, Higher Education, and Natural Resources Committees. He has

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been a staunch supporter of lowering taxes and protecting private property rights, as well as a passionate advocate for protecting Georgia's families. In 1999, Senator Cagle was instrumental in the passage of "Heidi's Law" which toughened penalties for repeat drunk drivers.

On November 7, 2006, Casey Cagle made history by becoming the first Republican ever elected to the state's second highest office.

Casey and his wife Nita are the parents of three sons, Jared, Grant, and Carter. The Cagles currently live in Chestnut Mountain, where they are active members of Blackshear Place Baptist Church.

Constitutional Officers

Sonny Perdue Governor

Casey Cagle Lieutenant Governor

Karen Handel Secretary of State

Thurbert Baker Attorney General

Tommy Irvin Commissioner of Agriculture

John W. Oxendine Commissioner of Insurance

Kathy Cox State School Superintendent

Michael Thurmond Commissioner of Labor

Public Service Commissioners Supreme Court

Court of Appeals

Stan Wise Chairman

Leah Ward Sears Chief Justice

John H. Ruffin Chief Judge

Bobby Baker Chuck Eaton Doug Everett Angela Speir
Georgia State Senate
David Adelman Don Balfour Robert Brown John Bulloch Gloria Butler Joseph Carter Ronnie Chance Jeff Chapman Bill Cowsert Gail Davenport John Douglas Vincent D. Fort Greg Goggans Tim Golden Johnny Grant Bill Hambrick Ed Harbison Seth Harp Lee Hawkins Bill Heath Steve Henson

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Carol W. Hunstein Presiding Justice
Robert Benham George H. Carley P. Harris Hines Harold Melton Hugh P. Thompson

Gary B. Andrews Presiding Judge
G. Allen Blackburn Presiding Judge
Edward H. Johnson Presiding Judge
J.D. Smith Presiding Judge
A. Harris Adams Anne E. Barnes Debra Bernes John J. Ellington Charles B. Mikell M. Yvette Miller Herbert E. Phipp

Dan Moody Jeff Mullis Jack Murphy Nan Orrock Chip Pearson J.B. Powell Ronald B. Ramsey, Sr. Kasim Reed Chip Rogers Nancy Schaefer Mitch Seabaugh Valencia Seay David Shafer Preston W. Smith Cecil Staton Doug Stoner Ed Tarver Horacena Tate Don R. Thomas Regina D. Thomas Curt Thompson

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Jack Hill Judson Hill George Hooks Ralph T. Hudgens Eric Johnson Emanuel Jones Michael S. Meyer von Bremen

Georgia House of Representatives

Roberta Abdul-Salaam Stacey Abrams Amos Amerson Kathy Ashe Terry Barnard Tim Bearden Sharon Beasley-Teague Stephanie Stuckey Benfield Tommy Benton Ellis Black Ben Bridges Tyrone Brooks Roger Bruce Bob Bryant Debbie Buckner Mark Burkhalter Jon Burns Mark Butler Charlice Byrd Amy Carter Buddy Carter David Casas Jill Chambers Mickey Channell Mike Cheokas Mike Coan Jim Cole Brooks Coleman Doug Collins Sharon Cooper Clay Cox Mack Crawford Rick Crawford Hardy Davis Steve Davis Burke Day Katie Dempsey Tom Dickson Matt Dollar Karla Drenner Winfred Dukes Earl Ehrhart Terry England

Barry Fleming Hugh Floyd Johnny Floyd Virgil Fludd Ronald Forster Gloria Fraizer Bobby Franklin Allen Freeman Pat Gardner Harry Geisinger Mike Glanton Rich Golick Joseph Gordon Tom Graves Gerald Greene Mark Hamilton Bob Hanner Ben Harbin Mark Hatfield John Heard Keith Heard Joe Heckstall Bill Hembree Michelle Henson Calvin Hill Cecily Hill Bob Holmes Doug Holt Billy Horne Penny Houston Wayne Howard Sistie Hudson Carolyn Hugley Lester Jackson Mike Jacobs Lynmore James Jeanette Jamieson Charles F. Jenkins Sean Jerguson Celeste Johnson Terry Johnson Jan Jones Sheila Jones

Steve Thompson Ross Tolleson Renee S. Unterman Dan Weber Jim Whitehead, Sr. John J. Wiles Tommie Williams
Jerry Keen Mike Keown David Knight Tom Knox Dan Lakly Bob Lane Roger Lane Kevin Levitas Jeff Lewis Edward Lindsey Jimmy Lord Barry Loudermilk David Lucas John Lunsford Gene Maddox Randal Mangham Judy Manning Pedro Marin Chuck Martin Howard Maxwell Jeff May Tom McCall Doug McKillip John Meadows Fran Millar James Mills Billy Mitchell Alisha Morgan Greg Morris Howard Mosby Robert Mumford Quincy Murphy Jay Neal Randy Nix Mary Margaret Oliver Larry O'Neal Bobby Parham Butch Parrish Don Parsons Allen Peake Dubose Porter Alan Powell Jimmy Pruett

Barbara Reece Bobby Reese Tom Rice Glenn Richardson Jay Roberts Carl Rogers Richard Royal Ed Rynders Ron Sailor Austin Scott Martin Scott Tony Sellier Ed Setzler Jay Shaw Donna Sheldon Robin Shipp Barbara Sims Chuck Sims Freddie Sims Anna Sinkfield Bob Smith Lynn Smith Richard Smith Tommy Smith Vance Smith Calvin Smyre
LaNett Stanley-Turner Wade Starr Ron Stephens Pam Stephenson Willie Talton Rob Teilhet Able Thomas Brian Thomas Steve Tumlin Len Walker Stan Watson Joe Wilkinson Wendell Willard Al Williams Earnest Williams Mark Williams Roger Williams

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Carl von Epps Melvin Everson

Darryl Jordan Margaret Kaiser

David Ralston Nikki Randall

Don Wix John Yates

The Program of the Inauguration of the 81st Governor of Georgia Philips Arena Atlanta, Georgia Monday, January 8th, 2007 2:00 P.M.

Pre-Ceremony............................... 116th Army Band Georgia Army National Guard CWO2 Dyann Ryan, Presiding Officer

Woodstock Baptist Church Choir and Orchestra Scott White, Conductor

How Great Thou Art ..................... Woodstock Baptist Church Choir and Orchestra

Joint Session Call to Order ........... The Speaker of the House, Glenn Richardson

Presentation of Colors .................. The Georgia State Patrol Honor Guard

The National Anthem ................... Jan Morton

Invocation ..................................... Dr. Johnny Hunt

Administration of Oath of Office to Governor .......... The Honorable Harold Melton,
Justice, Supreme Court of Georgia

19-Gun Salute ............................... Georgia National Guard

Delivery of the Great Seal ............ Secretary of State Cathy Cox

Administration of Oath of Office to Lt. Gov. ............ The Honorable Billy Ray
Superior Court of Gwinnett County

Inaugural Remarks........................ Lt. Governor Casey Cagle

Administration of Oath of Office

to Constitutional Officers

Secretary of State Karen Handel

Attorney General Thurbert Baker

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Agriculture Commissioner Tommy Irvin Insurance Commissioner John Oxendine State School Superintendent Kathy Cox Labor Commissioner Michael Thurmond

Battle Hymn of the Republic......... Woodstock Baptist Church Choir and Orchestra

Inaugural Address......................... Governor Sonny Perdue

Georgia on My Mind

Benediction................................... Dr. Maurice Watson, Beulahland Bible Church, Macon

Dissolution of Joint Session of Legislature................................ Lt. Governor Casey Cagle

The Oath of Office that Governor Sonny Perdue will recite is set by an act of the General Assembly. Section 45-12-4 of the Official Georgia Code reads:

The Governor-Elect shall, before he enters on the duties of his office, take the following oath in the presence of the General Assembly in joint session of the Senate and House of Representatives:

The Oath of Office

"I do solemnly swear (or affirm) that I will faithfully execute the office of Governor of the State of Georgia and will, to the best of my ability, preserve, protect, and defend the Constitution thereof and the Constitution of the United States."

Upon so taking the oath, the Governor-Elect shall become Governor.

Thank You Inaugural Sponsors

Bellsouth/AT&T Georgia-Pacific Georgia Power King & Spalding AGL Resources AIG Altria Comcast Georgia Association of Realtors

Ford Motor Company Georgia Motor Trucking Association Greenbow, LLC HCA Hospital Corporation of America Hewlett Packard Home Depot Joe Tanner & Associates John Deere Johnson & Johnson

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Shaw Industries

Lockheed

State Mutual Insurance Company

Maximus Inc.

Turner Broadcasting

McKenna Long & Aldridge LLP

Mr. Billy Ulm, Sr.

Motorola

The Coca-Cola Company

Perdue Farms Inc.

Bank of America

SunTrust

Perimeter Community Improvement District Walker Brothers

UPS

Alston & Bird

Wachovia

BlueCross BlueShield of Georgia

AirTran Airways

CheckFree

Amerigroup Community Care Georgia

Georgia Beer Wholesalers Association

BP America

Georgia Health Care Association

Buford Cook & Terry Cook

General Electric

Mr. Tommy Bagwell

Homebuilders Association of Georgia

Mr. & Mrs. Candelaria

Johnson Controls Inc.

CVS Pharmacy

US Tobacco

Deloitte & Touche LLP

Wine & Spirits Wholesalers of Georgia

Earthlink

& Many More

The Governor and Mrs. Perdue extend their appreciation and thanks to the Inaugural Committee, including the hundreds of volunteers, contributors, and staff, whose hard work made the inauguration possible.

The Joint Session was dissolved.

The Speaker called the House to order.

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

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Representative Hall, Atlanta, Georgia

Tuesday, January 9, 2007

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 Abrams Amerson Ashe Barnard Bearden Benton Black Bridges Brooks Bruce Bryant Buckner Burkhalter Burns Butler Byrd Carter, A Carter, B Casas Chambers Channell Cheokas Cole Coleman Collins Cooper Cox Crawford, M Crawford, R

Davis, H Davis, S Day Dempsey Dickson Ehrhart England Epps Everson Fleming Floyd, J Fludd Forster Franklin Frazier Freeman Gardner Geisinger Gordon Graves Greene Hamilton Hatfield Heard, J Heard, K Hembree Hill, C Hill, C.A Holt Horne

Houston Howard Hugley Jackson Jacobs James Jamieson Jenkins Jerguson Johnson, C Johnson, T Jones, J Jones, S Kaiser Keen Keown Knight Knox Lakly Lane, B Lane, R Levitas Lewis Lindsey Lord Loudermilk Lunsford Maddox Mangham Manning

Marin Martin Maxwell May McKillip Meadows Millar Mills Mitchell Morris Mosby Mumford Murphy Neal Nix Oliver Parham Parrish Peake Porter Powell Pruett Ralston Randall Reese Rice Roberts Royal Rynders Scott, A

Scott, M Sellier Setzler Shaw Sheldon Shipp Sims, B Sims, F Smith, L Smith, R Smith, T Smith, V Starr Stephens Stephenson Talton Teilhet Thomas, A.M Thomas, B Tumlin Walker Watson Wilkinson Willard Williams, A Williams, E Williams, M 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, Coan of the 101st, Dollar of the 45th, Drenner of the 86th, Dukes of the 150th, Floyd of the 99th, Glanton of the 76th, Golick of the 34th, Hanner of the 148th, Harbin of the 118th, Heckstall of the 62nd, Henson of the 87th, Holmes of the 61st, Hudson of the 124th, Jordan of the 77th, Lucas of the 139th, McCall of the 30th, Morgan of the 39th, O'Neal of the 146th, Parsons of the 42nd, Reece of the 11th, Sailor of the 93rd, Sims of the 169th, Sinkfield of the 60th, Stanley-Turner of the 53rd, and Wix of the 33rd.

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They wish to be recorded as present.

Prayer was offered by Reverend Mark Sommers, Cassville Rd. NW, Cartersville, Georgia.

The members pledged allegiance to the flag.

Representative Heard of the 104th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:

1. Introduction of Bills and Resolutions.

2. First reading and reference of House Bills and Resolutions.

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

HB 1.

By Representatives Franklin of the 43rd, Everson of the 106th, Scott of the 2nd, Loudermilk of the 14th, England of the 108th and others:

A BILL to be entitled an Act to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against public health and morals, so as to make certain findings of fact; to define certain terms; to provide that any abortion shall be unlawful; to provide a penalty; to provide for severance; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

HB 30. By Representative Chambers of the 81st:

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.

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Referred to the Committee on Ways & Means.
HB 32. By Representatives Hill of the 21st, Byrd of the 20th and Jerguson of the 22nd:
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 an annual educational program on the governing principles of the United States Constitution by all elementary and secondary schools receiving state funds; to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the university system, so as to require an annual educational program on the governing principles of the United States Constitution by all colleges and universities receiving state funds; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 33. By Representatives Davis of the 109th, Lunsford of the 110th, Bearden of the 68th, Lakly of the 72nd, Byrd of the 20th and others:
A BILL to be entitled an Act to amend Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to metropolitan area planning and development commissions, so as to change the terms and manner of election of at-large members of such commissions; to provide that current at-large members be replaced as of the effective date of this act; 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.
HR 12. By Representatives Jones of the 46th, Burkhalter of the 50th, Geisinger of the 48th, Martin of the 47th, Wilkinson of the 52nd and others:
A RESOLUTION proposing an amendment to the Constitution of the State of Georgia so as to provide that the re-creation of a previously existing county which was merged into another county may be accomplished by law subject to the approval of the voters therein and subject to certain conditions; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Governmental Affairs.

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HR 13. By Representatives Channell of the 116th, Harbin of the 118th, Keen of the 179th, Fleming of the 117th, Parsons of the 42nd and others:
A RESOLUTION urging the Congress of the United States to provide funding and ensure reauthorization of the State Children's Health Insurance Plan (S-CHIP); and for other purposes.
Referred to the Committee on Rules.
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 10. 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 Governor; inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the joint session; and for other purposes.
The President has appointed as a Committee of Escort the following Senators: Moody of the 56th, Golden of the 8th, and Seabaugh of the 28th, Adelman of the 42nd, Williams of the 19th, Brown of the 26th, and Johnson of the 1st.
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 11. By Representative Keen of the 179th:
Relative to adjournment; and for other purposes.
The following member was recognized during the period of Morning Orders and addressed the House:
Bearden of the 68th.
The following communications were received:

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Legislative Services Committee

Office of Legislative Counsel 316 State Capitol Atlanta, GA 30334

January 5, 2007

TO:

MEMBERS OF THE GENERAL ASSEMBLY

FROM THE 2ND CONGRESSIONAL DISTRICT

RE:

CAUCUS TO ELECT 2ND CONGRESSIONAL DISTRICT

STATE TRANSPORTATION BOARD MEMBER

Pursuant to the provisions of O.C.G.A. Section 32-2-20, the Senate President-Elect and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of selecting a member of the State Transportation Board from the 2nd Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on Thursday, January 11, 2007, at 12:00 P.M.

Members of the Senate from those senatorial districts embraced or partly embraced within the 2nd 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 2nd Congressional District are eligible to participate in said caucus.

Sincerely,

/s/ Sewell R. Brumby Legislative Counsel

SRB:dd

Legislative Services Committee

Office of Legislative Counsel 316 State Capitol Atlanta, GA 30334

January 5, 2007

TO:

MEMBERS OF THE GENERAL ASSEMBLY

FROM THE 3RD CONGRESSIONAL DISTRICT

TUESDAY, JANUARY 9, 2007

87

RE:

CAUCUS TO ELECT 3RD CONGRESSIONAL DISTRICT

STATE TRANSPORTATION BOARD MEMBER

Pursuant to the provisions of O.C.G.A. Section 32-2-20, the Senate President-Elect and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of selecting a member of the State Transportation Board from the 3rd Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on Thursday, January 11, 2007, at 1:00 P.M.

Members of the Senate from those senatorial districts embraced or partly embraced within the 3rd 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 3rd Congressional District are eligible to participate in said caucus.

Sincerely,

/s/ Sewell R. Brumby Legislative Counsel

SRB:dd

Legislative Services Committee

Office of Legislative Counsel 316 State Capitol Atlanta, GA 30334

January 5, 2007

TO:

MEMBERS OF THE GENERAL ASSEMBLY

FROM THE 6TH CONGRESSIONAL DISTRICT

RE:

CAUCUS TO ELECT 6TH CONGRESSIONAL DISTRICT

STATE TRANSPORTATION BOARD MEMBER

Pursuant to the provisions of O.C.G.A. Section 32-2-20, the Senate President-Elect and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of selecting a member of the State Transportation Board from the 6th Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on Thursday, January 11, 2007, at 2:00 P.M.

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Members of the Senate from those senatorial districts embraced or partly embraced within the 6th Congressional District are eligible to participate in said caucus. Members of the House of Representatives from those representative districts embraced or partly embraced within the 6th Congressional District are eligible to participate in said caucus.

Sincerely,

/s/ Sewell R. Brumby Legislative Counsel

SRB:dd

Legislative Services Committee

Office of Legislative Counsel 316 State Capitol Atlanta, GA 30334

January 5, 2007

TO:

MEMBERS OF THE GENERAL ASSEMBLY

FROM THE 7TH CONGRESSIONAL DISTRICT

RE:

CAUCUS TO ELECT 7TH CONGRESSIONAL DISTRICT

STATE TRANSPORTATION BOARD MEMBER

Pursuant to the provisions of O.C.G.A. Section 32-2-20, the Senate President-Elect and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of selecting a member of the State Transportation Board from the 7th Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on Thursday, January 11, 2007, at 3:00 P.M.

Members of the Senate from those senatorial districts embraced or partly embraced within the 7th 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 7th Congressional District are eligible to participate in said caucus.
Sincerely,

TUESDAY, JANUARY 9, 2007

89

/s/ Sewell R. Brumby Legislative Counsel

SRB:dd

Legislative Services Committee

Office of Legislative Counsel 316 State Capitol Atlanta, GA 30334

January 5, 2007

TO:

MEMBERS OF THE GENERAL ASSEMBLY

FROM THE 8TH CONGRESSIONAL DISTRICT

RE:

CAUCUS TO ELECT 8TH CONGRESSIONAL DISTRICT

STATE TRANSPORTATION BOARD MEMBER

Pursuant to the provisions of O.C.G.A. Section 32-2-20, the Senate President-Elect and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of selecting a member of the State Transportation Board from the 8th Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on Thursday, January 11, 2007, at 4:00 P.M.

Members of the Senate from those senatorial districts embraced or partly embraced within the 8th 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 8th Congressional District are eligible to participate in said caucus.

Sincerely,

/s/ Sewell R. Brumby Legislative Counsel

SRB:dd

Representative Burkhalter of the 50th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.

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

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Representative Hall, Atlanta, Georgia

Wednesday, January 10, 2007

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 Abrams Amerson Ashe Barnard Bearden Benton Black Bridges Bruce Bryant Buckner Burkhalter Burns Butler Byrd Carter, A Carter, B Casas Chambers Channell Cheokas Coan Cole Coleman Collins Cooper Cox Crawford, M Crawford, R Davis, H Davis, S

Dempsey Dickson Drenner Ehrhart England Epps Everson Fleming Floyd, H Floyd, J Fludd Forster Franklin Frazier Freeman Gardner Geisinger Glanton Gordon Greene Hamilton Hatfield Heard, J Heard, K Heckstall Hembree Hill, C Hill, C.A Holmes Holt Horne

Houston Howard Hudson Hugley Jackson Jacobs James Jamieson Jenkins Jerguson Johnson, C Johnson, T Jones, J Jones, S Jordan Kaiser Keen Keown Knight Knox Lakly Lane, B Lane, R Levitas Lewis Lindsey Lord Loudermilk Lunsford Maddox Manning

Marin Martin Maxwell May McKillip Meadows Millar Mills Mitchell Morris Mosby Mumford Murphy Neal Nix Oliver O'Neal Parham Parrish Parsons Peake Porter Pruett Ralston Reece Reese Rice Roberts Rogers Royal Rynders

Scott, A Scott, M Sellier Setzler Shaw Sheldon Sims, B Sims, F Sinkfield Smith, B Smith, L Smith, R Smith, T Smith, V Stanley-Turner Starr Stephens Talton Teilhet Thomas, A.M Thomas, B Tumlin Walker Wilkinson Willard Williams, A Williams, E Williams, M 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, Brooks of the 63rd, Dollar of the 45th, Dukes of the 150th, Golick of the 34th, Graves of the 12th, Hanner of the 148th, Henson of the 87th, Lucas of the 139th, Mangham of the 94th, McCall of the 30th, Morgan of the 39th, Powell of the 29th, Randall of the 138th, Shipp of the 58th, Sims of the 169th, Smyre of the 132nd, Stephenson of the 92nd, Watson of the 91st, and Wix of the 33rd.

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They wish to be recorded as present.
Prayer was offered by Reverend Mike Morgan, Crossroads United Methodist 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.
By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the Committees:
HB 2. By Representative Holt of the 112th:
A BILL to be entitled an Act to amend Chapter 36 of Title 36 of the O.C.G.A., relating to annexation of territory, so as to provide for a short title; to establish state policy regarding annexation; to provide that a municipal corporation having an independent school system may not annex property located in a county without the consent of the county governing authority; to provide for binding arbitration; to provide that, if a municipality proposes to annex property in which certain services are provided by the county or which is included in the county's comprehensive zoning plan, the county may demand arbitration; to provide for an injunction; to provide for binding arbitration; to provide for the applicability of general law; to provide for considerations; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.

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HB 12. By Representative Cox of the 102nd:
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 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 statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 21. By Representatives Bearden of the 68th, Talton of the 145th, Byrd of the 20th, Franklin of the 43rd, Benton of the 31st 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 English designated as the official language, constitutional rights not denied, authorization for documents and forms in other languages, and exceptions, so as to provide that public entities shall provide forms and documents only in English; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 26. By Representative Knox of the 24th:
A BILL to be entitled an Act to amend Chapter 2 of Title 24 of the Official Code of Georgia Annotated, relating to relevancy, so as to provide for limitations on admission of extrinsic transactions into evidence; 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 Judiciary Non-Civil.
HB 29. By Representative Maddox of the 172nd:
A BILL to be entitled an Act to amend Code Section 27-2-1 of the Official Code of Georgia Annotated, relating to hunting, trapping, or fishing without a license or permit generally and license requirements for nonresidents, so as to provide an exception for persons age 65 and older who hold valid licenses issued in another state; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Game, Fish, & Parks.
HB 34. By Representatives Lane of the 167th, Hill of the 180th, Keen of the 179th, Williams of the 178th, Smith of the 168th and others:
A BILL to be entitled an Act to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts, so as to provide for a fifth judge of the superior courts of the Brunswick Judicial Circuit; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge; to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of said court to divide and allocate the work and duties thereof; to provide for the manner of impaneling jurors; to provide for an additional court reporter for said circuit; to authorize the governing authorities of the counties which comprise the Brunswick Judicial Circuit; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 35. By Representatives Benton of the 31st, Teilhet of the 40th, Collins of the 27th, England of the 108th, Kaiser of the 59th 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 define certain terms; to provide that a person may request a security freeze on his or her credit report; to provide for procedures; to provide for the imposition of a security freeze on a consumer's records by a consumer credit reporting agency; to provide for requirements for consumer credit reporting agencies relative to implementing such security freeze; to provide for a temporary or specific lifting of such freeze; to provide for the lifting of such security freeze under certain conditions; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Banks & Banking.
HB 36. By Representative Holt of the 112th:
A BILL to be entitled an Act to amend Article 2 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation pursuant to application by 100 percent of landowners, so as to change certain provisions regarding annexation into an adjoining county; to provide for additional

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requirements with respect to certain subsequent annexations; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 37. 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 38. By Representatives Teilhet of the 40th, Benton of the 31st, Reese of the 98th, Barnard of the 166th, Manning of the 32nd and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide that a person may place a security freeze on his or her credit report by notifying the credit reporting agencies; to define certain terms; 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.
Referred to the Committee on Banks & Banking.
HB 39. By Representatives Chambers of the 81st, Jacobs of the 80th, Millar of the 79th, Willard of the 49th, Lindsey of the 54th and others:
A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exceptions and exemptions to requirements for disclosure of public records, so as to clarify an exception; to provide that public disclosure shall not be required for records that are specifically required by federal statute or regulation to be kept confidential; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HR 14. By Representatives England of the 108th and Benton of the 31st:

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A RESOLUTION honoring Walter E. Elder III and dedicating the Walter E. "Eddie" Elder Interchange; 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 1 HB 30 HB 32

HB 33 HR 12 HR 13

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

Smith of the 70th, Buckner of the 130th, and Lindsey of the 54th.

The following Resolution of the House was read and adopted:

HR 6.

By Representatives Byrd of the 20th, Cheokas of the 134th, Maxwell of the 17th and Johnson of the 37th:

A RESOLUTION proclaiming January 13, 2007, as Korean American Day in Georgia; and for other purposes.

The Speaker announced the House in recess until 11:30 o'clock, this morning.

The Speaker called the House to order.

The hour of convening the Joint Session pursuant to HR 10 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 Casey Cagle.

The Resolution calling for the Joint Session was read.

Accompanied by the Committee of Escort and other distinguished guests, His Excellency, Governor Sonny Perdue, appeared upon the floor of the House and delivered the following address:

Mr. President, Mr. Speaker, President Pro Tem Johnson, Speaker Pro Tem Burkhalter ... Members of the General Assembly. Constitutional officers and members of the judiciary.

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The Consular Corps and other distinguished guests. And, most of all, my fellow Georgians:
I come before you today to report on the state of the state. And I'm proud to say that after four years of united effort, Georgians have brought forth a state renewed, growing and stronger than ever before.
To understand the State of the State, we must not simply look at Georgia as a snapshot. Georgia is a changing, dynamic action video that is moving at the speed of a NASCAR race.
We have laid the foundation and are beginning to build on the progress that will move Georgia from a good state to a great state, a state of the future.
This afternoon, we reflect on the fact that since 2002, Georgia's population has grown by nearly half a million people...more than 252,000 new jobs have been created...and Georgia's economy, as measured by GDP, has grown by more than 18% to an astonishing $363 billion.
If Georgia were a stand alone country, we would have the 17th largest economy in the world.
This is the type of growth and prosperity that everyone in this chamber can take pride in. We have begun well. But it's only a beginning. And we do not gather today to congratulate ourselves on what we have done, but rather to challenge ourselves to finish what we have not yet completed.
What we do today is for the future. The great philosopher Yogi Berra pointed out that "it's tough to make predictions, especially about the future."
He also said "the future ain't what it used to be," and that's certainly true for Georgia. Four years ago the skies were cloudy but today it's looking bright. And that's why we're here today - it's about the future.
But the best thing about the future, as Yogi would say, is that it's all ahead of us. As public servants, we have a sacred duty to serve our fellow citizens to give them their rightful voice in these hallowed halls.
And, yes, service is a large part of representative government. But there's something else...leadership.
I submit to you that we are elected not only to serve, but to lead. As I stated four years ago, I believe we need to lead in creating a safer, healthier, better educated, growing Georgia.

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Yes, we serve the people to the best of our abilities. We act as an umbrella during the downpours of life.
But we also lead. We take our cue from the people of Georgia, and we lead on the issues that matter to them. They expect us to work hard, to work smart and to find innovative solutions that work for them.
Just like any good football team that's building a winning program we've spent the last four years working on our fundamentals, our blocking and tackling and special teams.
We've worked to lay a foundation for success.
And, now, we're ready to win championships.
My fellow citizens, this state is poised for greatness. We are standing on the brink. And our challenge this year, and in the years to come, is to build a state we can be proud to pass on to the next generation.
But what are the hallmarks of that great state? What will it look like?
It's one whose kids are well cared for whose children grow up challenged and prepared for the opportunities of the future.
A great state is one where business thrives as the result of a skilled, educated workforce. It's a place some of the most successful national and international companies call home.
These businesses, both large and small, are the driving force behind a robust, growing economy.
But a great state is not only somewhere to work, but somewhere you can play where you can enjoy the outdoors, take in the arts, learn about history...and, most importantly, be a family.
A great state is one whose people have access to health care, but beyond that, they have a choice in which doctor they see and how much they spend.
My ultimate goal, and I think the goal of every person sitting in this chamber today, is to implement the types of policies that will make this vision of Georgia a reality.
This year and over the next four years, let us resolve to continue building on our past success.

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We've made great strides, but we can and will do even more through passionate, progressive, principled leadership that uses facts not fantasy as the basis for decision making.
And I believe that's what the people of this state have elected us to do.
There's a theme you've probably heard me mention once or twice over the last four years stewardship. And it's something I'll continue to talk about over the next four years because it was ingrained in me from boyhood. It's a word that embodies why we choose the path of public service.
It's about taking care of our resources and laying the groundwork for the 21st century. I know most of you in this chamber have experienced the emotion of having a child, grandchild, niece or nephew brought into this world.
And I believe you've felt that deep, natural desire to make the world a better place for them, for your family.
There's a Native American saying that I think sums it up: We do not inherit the earth from our ancestors, we borrow it from our children.
Two years ago, we took a confident step toward managing Georgia's resources for the future when we implemented the Land Conservation Act.
That act defined bipartisanship, with support on both sides of the aisle, as well as from business and environmental groups across the state.
Well, this year, I want to do more to keep Georgia pristine and beautiful for our grandchildren. We started by creating a $100 million program in 2005, and this year I am recommending we commit $50 million more to preserve our lands for the enjoyment of generations to come.
Land like the Paulding Forest. Our distinguished Speaker has advocated the conservation of this land for a long time.
It's something he's passionate about and he's not alone. If we don't act now, we may never...ever get the chance again.
Another integral part of protecting Georgia's resources is keeping them pristine for use by our citizens and visitors from around the world.
We have a long-standing tradition of hunting and fishing in our state, and last year, voters preserved that right in our constitution. Each year residents and tourists spend nearly $600 million on fishing alone, for a total economic impact of more than $1.5 billion.

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But we can do even better. We will turn Georgia into a fisherman's paradise.
That's why I am proposing a $19 million investment for an initiative we call Go Fish Georgia.
This state-wide program will create world-class resources for fishing and boating enthusiasts new ramps along a bass trail that will include 15 sites on Georgia's major rivers and reservoirs capable of hosting large bass tournaments.
With premier tournaments generating upwards of $20 million each, we know these are sound investments.
Fishing is a huge industry in the South, and we are behind many of our neighbors in attracting anglers. We will no longer sit by and watch as tourists drive through Georgia on their way to surrounding states to fish.
But natural beauty isn't all that Georgia has to offer. We are home to some of the region's most treasured historical sites. Among these are our Civil War memorials, museums, battlefields and cemeteries.
2011 will mark the 150th anniversary of the conflict, and we all know that few states were as impacted by the Civil War as Georgia.
Heritage tourists will be commemorating this occasion. They spend an average of 30% more per trip than average travelers, and we want them to come to Georgia.
So in order to prepare for the upcoming milestone, I am recommending that we invest $5 million to develop Resaca Battlefield, and to revitalize and restore our historic Civil War sites.
Known for our hospitality, we always look forward to welcoming new people to Georgia including welcoming new companies to Georgia.
In fact, in the last few years we've seen record amounts of new investment in our state $5.76 billion in 2006 alone. Companies like Kia, HP, Gulfstream and Aflac have all located or expanded here in Georgia.
Our world is, indeed, getting flatter. The rapid expansion of globalization is a sterling opportunity for Georgia to gain new business.
That's why we're planning to launch a new international initiative Global Georgia.

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Former Governor George Busbee put us on the map 30 years ago in international trade and together, today, we will build skyscrapers on the foundations he laid.
We are working tirelessly to cultivate new relationships with businesses around the world. Last year alone, we made more than 31 trade missions to 23 countries. But we can do more.
We have 10 international offices spanning the globe, we're getting ready to open one in China, and one in India is on the horizon.
Our plan is to grow the Georgia brand in emerging economic engines like Asia, while we also work to strengthen our presence in established markets like Canada.
That's why I'm recommending to the General Assembly that we ramp up our investment in international marketing by 135%. This additional $5.1 million will open the door even wider to the world for Georgia companies.
I look forward to working with Lieutenant Governor Casey Cagle as goodwill ambassadors to these business prospects.
We're focusing on the main things the fundamentals and how they serve as the foundation for success.
And I believe all of you in this chamber will agree that few issues we face are more fundamental than the health of our citizens.
Health care is an area where innovation is an absolute necessity. We cannot continue to throw traditional, short-term solutions at long-term challenges.
I'm reminded of a story about a little boy who was trying hard to dress himself. After a struggle, he marched into the kitchen and said, "Look Mom, I put my pants on all by myself."
"That's great," she replied, "But you put them on backwards."
Frustrated, he grabbed the top of his pants and tried to twist them around, asking, "Are they okay now?"
"No," his mother said. "You'll have to take them off and put them on the right way."
We owe it to the people of this state to start from the beginning, to challenge ourselves and each other to find new solutions and new ways of meeting health care needs.

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I am committed to building a new strategy. The first part of this strategy is prevention we need to challenge our citizens to take individual responsibility. Not only to eat right and exercise, but to take ownership over their health outcomes to adopt a medical home, and to get regular checkups and screening.
Georgia has risen sharply in the ranks over the last few years to become number one in the southeast, and third in the nation for vaccination coverage. Number one is a goal we should strive to attain for all the rest of our health measures.
That's why we put $10 million in the Georgia Research Alliance to support vaccinebased antiviral life science research in this growing industry.
The other principle our health policy will be founded on is the fact that we need a transparent marketplace.
I want to create a system where Georgians can go online, look up doctors and hospitals and compare cost and quality.
Let's give our citizens the power to make health care decisions based on market principles, the control to choose how much they spend and where they seek care.
We must also focus on solutions for rural health care. My vision is to create financially viable regional systems that meet the needs of the communities they serve.
This is the driving idea behind the Rural Health Access Project. This project seeks a united effort to promote health care as a strategic industry in rural Georgia... To increase access to primary care... to create stable networks... and to use technology to lower costs and improve outcomes.
I know medical access is a concern to many Georgians. And the cost of state-provided health coverage is a growing part of our budget. To deal with this challenge, we are asking for $176 million to continue funding health insurance for our teachers and state employees. And at the same time we will continue to support Medicaid and PeachCare for uninsured children and people who need it.
In fact, I call on the President and Congress to meet their obligation to the State Children's Health Insurance Program the program we all know as PeachCare.
Today PeachCare is the fourth largest children's health insurance program in the country, providing health insurance for over 270,000 of Georgia's children. Georgia has excelled in accomplishing the mission of this program. But we can't fund this Federally-initiated partnership program alone.

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Georgia stands ready, willing and able to pay our part, but we need our Federal partners to meet their fair share of the responsibility.
We are also planning to set aside $100 million to meet our future obligations for state employee benefits. This is required for all states by new national accounting standards. It may not be a shiny new program, but it is the right thing to do for our state's long-term fiscal health and for our state's retirees.
Just like putting money in our rainy day fund, we have to stick to smart, sound fiscal policies. And this means that we start putting money away today to help pay these costs tomorrow.
It's by sticking to these conservative fiscal standards that earned us the best credit rating in the nation.
As you remember last year, I announced that I would ask this General Assembly to cut taxes on retirement income for Georgia's seniors.
With the money they save off state income taxes, retirees can better cover the costs of prescription drugs and healthcare, or spend more time with their grandchildren.
I think we all agree that we need to take a long, hard, comprehensive look at tax policy and to come up with a fair approach that meets our needs and spurs economic development in Georgia.
Another necessity for growth in our state is the development of forward-thinking solutions to our energy needs.
We are aggressively pursuing options for alternative energy. Georgia has developed topnotch research facilities in the area of biofuels, and we are blessed with an abundance of natural resources to support this research.
In order to continue this support, I am proposing that we pass legislation to exempt material and equipment used to build biofuel facilities from state taxes.
It's important that we continue to seek innovation and new solutions, but it's also important that we keep our eyes on the main thing.
And perhaps the most fundamental of all government's duties is to educate our children. I know all of you have heard me say many times over the last few years that our top priority is education.

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Well, I'm here to tell you again that my priorities have not changed. Education is the single most important factor in the future prosperity of our state.
That's why we are keeping our teachers the highest-paid in the Southeast - and we're doing that this year with a 3% raise for all educators. With step increases, that means more than half will receive a 6% raise.
Since 2003, we have seen vast improvements in education. Some of the most important gains have been in our students' graduation rate which has increased seven and a half percent over the last four years.
In fact, that rate, over 70%, is at an all-time high and so is our national SAT ranking. But today I make the same challenge as before: While we've seen terrific progress, we must do better.
Last year, you supported my initiative to place a graduation coach in every Georgia high school.
Our graduation coaches have been in place since September - that's just over four months. In that time, they have not only identified the 42,000 of Georgia's high schoolers who don't have the credits they need to graduate - they have also created individualized plans to graduate for 32,000 students.
But we know that many of our kids never even make it to high school. Last year, more than 2,000 students dropped out before 9th grade folks, these are children who are 12, 13, 14 years old.
I can't stress enough that these aren't just numbers these are Georgia's children.
That's why this year I'm asking you to expand the graduation coach program to middle schools. Our middle school coaches will work with their high school counterparts in helping students transition.
They will help families plan and prepare for the rigors of high school. And they will help students make the connection between the skills they learn in school and the skills they'll need in the real world.
I want to make sure our coaches have the support they need to do their jobs. The most common need they see is basic academic tutoring.
So I am recommending funding for a statewide online tutoring program to reach all students. I want this program to be available to students after school and on weekends so they don't fall behind on issues they may not have understood in class.

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Yesterday I challenged the business community to connect with these coaches and they assured me they are prepared to rise to the challenge. Today, I'm asking that we follow through on our part as well.
Georgia is on its way to becoming a national and international leader. We have started the process, and we've been building up our momentum for the next four years and beyond.
Georgia is a great state, but no one in this chamber should be satisfied until it's the best.
This is what brings us together, what serves as our common purpose.
Although some of us sit on different sides of the aisle, there will always be one area where we can come together...
We are all Georgians.
We will lead boldly, we will work tirelessly and we will serve the people of this state with every ounce of brains and sweat we can muster.
If we do this, if we make this pledge to one another, we will deliver something worthy to Georgians.
We can deliver them a state of the future a state that leads in protecting its resources, in growing jobs, in educating its children and in providing for the health of its people.
This will be our legacy. So that when we leave this place this chamber, this gold dome, this city and even this life we will have made a difference for our families and for our state.
We will hand down a longstanding dream, a dream of mothers and fathers and grandparents everywhere we will hand down a world better and brighter than the one we grew up in.
I feel blessed to live in this great state. When I stand at our beautiful coastline and I see the sun shining out on the horizon I know it's always dawning a New Day over Georgia.
Thank you. God Bless you. And God bless the great state of Georgia.
Senator Williams of the 19th moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.

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The President of the Senate, Lieutenant Governor Casey Cagle, announced the Joint Session dissolved.
The Speaker called the House to order.
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 13 Do Pass
Respectfully submitted, /s/ Ehrhart of the 36th
Chairman
The Speaker announced the House in recess until 2:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Thursday, January 11, 2007

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 Abrams Amerson Ashe Barnard Bearden Benton Black Bridges Brooks Bruce Buckner Burkhalter Burns Byrd Carter, A Carter, B Casas Chambers Channell Cheokas Coan Cole Coleman Collins Cooper Cox Crawford, M Crawford, R Davis, H

Davis, S Day Dempsey Dickson Drenner Ehrhart England Epps Everson Fleming Floyd, J Forster Franklin Frazier Freeman Gardner Geisinger Glanton Graves Greene Hamilton Hanner Harbin Hatfield Heard, J Heard, K Hembree Hill, C Hill, C.A

Holmes Holt Horne E Houston Howard Hudson Hugley Jacobs Jamieson Jenkins Jerguson Johnson, C Jones, J Jones, S Jordan Kaiser Keen Keown Knight Knox Lakly Lane, B Lane, R Levitas Lewis Lindsey Lord Loudermilk Lunsford

Maddox Mangham Marin Martin Maxwell May McCall McKillip Meadows Millar Mills Mitchell Mosby Murphy Neal Nix Oliver O'Neal Parrish Peake Powell Pruett Ralston Randall Reece Reese Rice Roberts Royal

Rynders Sailor Scott, A Scott, M Sellier Setzler Shaw Sheldon Sims, B Sims, F Smith, B Smith, L Smith, R Smith, T Smith, V Smyre Starr Stephens Talton Teilhet Thomas, B Wilkinson Willard Williams, A Williams, E Williams, M 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, Bryant of the 160th, Butler of the 18th, Dollar of the 45th, Dukes of the 150th, Floyd of the 99th, Fludd of the 66th, Golick of the 34th, Gordon of the 162nd, Heckstall of the 62nd, Jackson of the 161st, James of the 135th, Lucas of the 139th, Manning of the 32nd, Morgan of the 39th, Morris of the 155th, Parham of the 141st, Parsons of the 42nd, Porter of the 143rd, Rogers of the 26th, Shipp of the 58th, Sims of the 169th, Sinkfield of the 60th, StanleyTurner of the 53rd, Stephenson of the 92nd, Thomas of the 55th, Tumlin of the 38th, Walker of the 107th, Watson of the 91st, and Wix of the 33rd.

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They wish to be recorded as present.

Prayer was offered by Bishop Paul S. Morton, Greater St. Stephen Baptist Church, Decatur, Georgia.

The members pledged allegiance to the flag.

Representative Lakly of the 72nd, 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 announced the following committee assignments:

Agriculture
R (10) McCall, Tom Chairman England, Terry Vice-Chairman Maddox, Gene Secretary Burns, Jon Member Crawford, Mack Member Houston, Penny Member Roberts, Jay Member Sellier, Tony Member

Sims, Chuck Member Smith, Tommy Member
D (6) Black, Ellis Member Dukes, Winfred Member Epps, Carl Von Member James, Lynmore Member Levitas, Kevin Member Porter, DuBose Member

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Appropriations
R (57) Harbin, Ben Chairman Butler, Mark Vice-Chairman Channell, Mickey Vice-Chairman Heard, John Vice-Chairman Jones, Jan Vice-Chairman Martin, Chuck Vice-Chairman Parsons, Don Vice-Chairman Rogers, Carl Vice-Chairman Smith, Bob Vice-Chairman Houston, Penny Secretary O'Neal, Larry Ex-Officio Sims, Chuck Ex-Officio Amerson, Amos Member Barnard, Terry Member Burkhalter, Mark Member Carter, Buddy Member Chambers, Jill Member Coan, Mike Member Crawford, Mack Member Day, Burke Member Dollar, Matt Member Ehrhart, Earl Member England, Terry Member Fleming, Barry Member Floyd, Johnny Member Forster, Ron Member Golick, Rich Member Hembree, Bill Member Hill, Calvin Member Keen, Jerry Member Knox, Tom Member Lane, Bob Member Lewis, Jeff Member Lunsford, John Member Manning, Judy Member Maxwell, Howard Member May, Jeff Member Mills, James Member Morris, Greg Member Neal, Jay Member

Parrish, Butch Member Ralston, David Member Reese, Bobby Member Roberts, Jay Member Royal, Richard Member Rynders, Ed Member Setzler, Ed Member Sheldon, Donna Member Smith, Tommy Member Smith, Richard Member Smith, Vance Member Smith, Lynn Member Stephens, Ron Member Walker, Len Member Willard, Wendell Member Williams, Roger Member Yates, John Member
D (17) Black, Ellis Member Cheokas, Mike Member Gardner, Pat Member Greene, Gerald Member Hanner, Bob Member Heard, Keith Member Holmes, Bob Member Hugley, Carolyn Member James, Lynmore Member Jones, Sheila Member Lucas, David Member Parham, Bobby Member Porter, DuBose Member Powell, Alan Member Shaw, Jay Member Smyre, Calvin Member Watson, Stan Member
Banks and Banking
R (22) Mills, James Chairman Hill, Calvin Vice-Chairman Knight, David Secretary

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Bridges, Ben Member Coan, Mike Member Cox, Clay Member Ehrhart, Earl Member Floyd, Johnny Member Franklin, Bobby Member Hill, Cecily Member Houston, Penny Member Lakly, Dan Member Morris, Greg Member Nix, Randy Member Peake, Allen Member Reese, Bobby Member Rice, Tom Member Scott, Martin Member Sheldon, Donna Member Talton, Willie Member Tumlin, Steve Member Williams, Mark Member
D (12) Benfield, Stephanie Member Fludd, Virgil Member Frazier, Gloria Member Greene, Gerald Member Holmes, Bob Member Jackson, Lester Member Jordan, Darryl Member Kaiser, Margaret Member Marin, Pete Member Sailor, Ron Member Shaw, Jay Member Sinkfield, Georganna Member
Budget and Fiscal Affairs Oversight
R (5) Royal, Richard Chairman Reese, Bobby Vice-Chairman Pruett, Jimmy Secretary Hill, Calvin Member Martin, Chuck Member

D (2) Alexander Carter, Amy Member Davis, Hardie Member
Children and Youth
R (11) Manning, Judy Chairman Byrd, Charlice Vice-Chairman Jerguson, Sean Secretary Collins, Doug Member Davis, Steve Member Dempsey, Katie Member Graves, Tom Member Hamilton, Mark Member May, Jeff Member Neal, Jay Member Peake, Allen Member
D (10) Alexander Carter, Amy Member Ashe, Kathy Member Fludd, Virgil Member Glanton, Mike Member Howard, Wayne Member Johnson, Terry Member Johnson, Celeste Member Mangham, Randal Member Morgan, Alisha Member Sinkfield, Georganna Member
Code Revision
R (3) Morris, Greg Chairman Setzler, Ed Vice-Chairman Lane, Roger Member
D (3) Abrams, Stacey Member Benfield, Stephanie Member Crawford, Rick Member

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Defense and Veterans Affairs
R (5) Yates, John Chairman Lakly, Dan Vice-Chairman Freeman, Allen Secretary Sellier, Tony Member Smith, Tommy Member
D (4) Abrams, Stacey Member Glanton, Mike Member Heckstall, Joe Member Thomas, Brian Member
Education
R (17) Coleman, Brooks Chairman Millar, Fran Vice-Chairman Benton, Tommy Secretary Casas, David Member Dickson, Tom Member Everson, Melvin Member Holt, Doug Member Houston, Penny Member Jones, Jan Member Keown, Mike Member Lindsey, Edward Member Maxwell, Howard Member Reese, Bobby Member Sellier, Tony Member Setzler, Ed Member Talton, Willie Member Williams, Mark Member
D (12)
Alexander Carter, Amy Member Floyd, Hugh Member Jamieson, Jeanette Member Jordan, Darryl Member Kaiser, Margaret Member

Massey Reece, Barbara Member Morgan, Alisha Member Sims, Freddie Member Stanley-Turner, LaNett Member Teilhet, Rob Member Thomas, Brian Member Williams, "Coach" Member
Economic Development and Tourism
R (19) Stephens, Ron Chairman Casas, David Vice-Chairman Horne, Billy Secretary Butler, Mark Member Byrd, Charlice Member Carter, Buddy Member Dempsey, Katie Member Dickson, Tom Member Freeman, Allen Member Hill, Cecily Member Maddox, Gene Member Millar, Fran Member Neal, Jay Member Nix, Randy Member Parrish, Butch Member Pruett, Jimmy Member Sheldon, Donna Member Smith, Vance Member Wilkinson, Joe Member
D (14) Abdul-Salaam, Roberta Member Brooks, Tyrone Member Bryant, Bob Member Dukes, Winfred Member Floyd, Hugh Member Gordon, J. Craig Member Henson, Michele Member Hudson, Sistie Member Jenkins, Charles Member Johnson, Terry Member Marin, Pete Member

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Sims, Freddie Member Stanley-Turner, LaNett Member Williams, Al Member
Ethics
R (7) Wilkinson, Joe Chairman Burkhalter, Mark Member Fleming, Barry Member Keen, Jerry Member Roberts, Jay Member Sheldon, Donna Member Willard, Wendell Member
D (4) Hugley, Carolyn Member Porter, DuBose Member Randall, Nikki Member Smyre, Calvin Member
Governmental Affairs
R (9) Scott, Austin Chairman Geisinger, Harry Vice-Chairman Burns, Jon Secretary Butler, Mark Member Chambers, Jill Member Hamilton, Mark Member Hatfield, Mark Member Meadows, John Member O'Neal, Larry Member
D (6) Brooks, Tyrone Member Floyd, Hugh Member Morgan, Alisha Member Mosby, Howard Member Oliver, Mary Margaret Member Powell, Alan Member
Game, Fish, and Parks

R (5) Lane, Bob Chairman Hill, Cecily Vice-Chairman Burns, Jon Secretary Jerguson, Sean Member Knight, David Member
D (4) Beasley-Teague, Sharon Member Bruce, Roger Member Jenkins, Charles Member Williams, Al Member
Health and Human Services
R (20) Cooper, Sharon Chairman Rynders, Ed Vice-Chairman Carter, Buddy Secretary Byrd, Charlice Member Collins, Doug Member Dempsey, Katie Member Graves, Tom Member Hembree, Bill Member Jerguson, Sean Member Keown, Mike Member Loudermilk, Barry Member Lunsford, John Member Maddox, Gene Member Millar, Fran Member Parsons, Don Member Peake, Allen Member Rogers, Carl Member Sellier, Tony Member Sims, Barbara Member Wilkinson, Joe Member
D (15) Cheokas, Mike Member Drenner, Karla Member Henson, Michele Member Hudson, Sistie Member Jackson, Lester Member

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Jones, Sheila Member Kaiser, Margaret Member Lord, Jimmy Member Mitchell, Billy Member Mosby, Howard Member Randall, Nikki Member Shipp, Robbin Member Stephenson, Pam Member Thomas, "Able" Mable Member Watson, Stan Member
Higher Education
R (10) Hembree, Bill Chairman Knight, David Vice-Chairman Cox, Clay Secretary Amerson, Amos Member Burns, Jon Member Cooper, Sharon Member Dempsey, Katie Member Hatfield, Mark Member Sims, Chuck Member Walker, Len Member
D (6) Alexander Carter, Amy Member Ashe, Kathy Member Gardner, Pat Member Jackson, Lester Member Murphy, Quincy Member Smyre, Calvin Member
Human Relations and Aging
R (8) Walker, Len Chairman Talton, Willie Vice-Chairman Everson, Melvin Secretary Butler, Mark Member Channell, Mickey Member Dickson, Tom Member Lakly, Dan Member

Maddox, Gene Member
D (5) Frazier, Gloria Member Heckstall, Joe Member Howard, Wayne Member Jamieson, Jeanette Member Johnson, Terry Member
Information and Audits
R (3) Lakly, Dan Chairman Franklin, Bobby Vice-Chairman Nix, Randy Secretary
D (2) Cheokas, Mike Member Levitas, Kevin Member
Interstate Cooperation
R (3) Forster, Ron Chairman May, Jeff Vice-Chairman Manning, Judy Secretary
D (2) Ashe, Kathy Member Johnson, Celeste Member
Insurance
R (15) Knox, Tom Chairman Maxwell, Howard Vice-Chairman Meadows, John Secretary Davis, Steve Member Dollar, Matt Member Forster, Ron Member Golick, Rich Member Harbin, Ben Member Hembree, Bill Member

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Holt, Doug Member Keen, Jerry Member Mumford, Robert Member Rogers, Carl Member Smith, Richard Member Wilkinson, Joe Member
D (10) Epps, Carl Von Member Heard, Keith Member Jackson, Lester Member Jacobs, Mike Member Lord, Jimmy Member Lucas, David Member Murphy, Quincy Member Sailor, Ron Member Sinkfield, Georganna Member Watson, Stan Member
Intragovernmental Coordination
R (7) Rynders, Ed Chairman Lane, Bob Vice-Chairman Coan, Mike Secretary Coleman, Brooks Member England, Terry Member Harbin, Ben Member McCall, Tom Member
D (5) Crawford, Rick Member Heard, Keith Member McKillip, Doug Member Stephenson, Pam Member Wix, Don Member
Industrial Relations
R (12) Coan, Mike Chairman Reese, Bobby Vice-Chairman England, Terry Secretary

Carter, Buddy Member Cox, Clay Member Hamilton, Mark Member Horne, Billy Member Knox, Tom Member Lindsey, Edward Member Pruett, Jimmy Member Scott, Martin Member Williams, Roger Member
D (8) Floyd, Hugh Member Howard, Wayne Member Kaiser, Margaret Member Marin, Pete Member McKillip, Doug Member Shipp, Robbin Member Starr, Wade Member Teilhet, Rob Member
Judiciary
R (10) Willard, Wendell Chairman Lindsey, Edward Vice-Chairman Hatfield, Mark Secretary Wilkinson, Joe Ex-Officio Crawford, Mack Member Fleming, Barry Member Golick, Rich Member Lane, Roger Member O'Neal, Larry Member Tumlin, Steve Member
D (6) Bruce, Roger Member Jacobs, Mike Member Oliver, Mary Margaret Member Stephenson, Pam Member Teilhet, Rob Member Thomas, "Able" Mable Member

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Judiciary - Non-Civil
R (12) Ralston, David Chairman Mumford, Robert Vice-Chairman Bearden, Tim Secretary Byrd, Charlice Member Cole, Jim Member Collins, Doug Member Cooper, Sharon Member Everson, Melvin Member Franklin, Bobby Member Knox, Tom Member Lunsford, John Member Setzler, Ed Member
D (6) Abdul-Salaam, Roberta Member Abrams, Stacey Member Benfield, Stephanie Member Levitas, Kevin Member Mangham, Randal Member Randall, Nikki Member
MARTOC
R (3) Chambers, Jill Chairman Geisinger, Harry Member Wilkinson, Joe Member
D (3) Jacobs, Mike Member Mitchell, Billy Member Thomas, "Able" Mable Member
Motor Vehicles
R (7) Rice, Tom Chairman Dollar, Matt Vice-Chairman Bearden, Tim Secretary Floyd, Johnny Member

Parrish, Butch Member Talton, Willie Member Yates, John Member
D (5) Bruce, Roger Member Johnson, Terry Member Parham, Bobby Member Powell, Alan Member Sailor, Ron Member
Natural Resources and Environment
R (20) Smith, Lynn Chairman Meadows, John Vice-Chairman Smith, Richard Secretary Barnard, Terry Member Benton, Tommy Member Burkhalter, Mark Member Cole, Jim Member Coleman, Brooks Member Geisinger, Harry Member Heard, John Member Keown, Mike Member Lane, Roger Member Manning, Judy Member McCall, Tom Member Morris, Greg Member Nix, Randy Member Pruett, Jimmy Member Royal, Richard Member Sims, Barbara Member Williams, Mark Member
D (11) Benfield, Stephanie Member Buckner, Debbie Member Davis, Hardie Member Drenner, Karla Member Gardner, Pat Member Hanner, Bob Member Holmes, Bob Member

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115

Hugley, Carolyn Member McKillip, Doug Member Thomas, "Able" Mable Member Thomas, Brian Member
Public Safety and Homeland Security
R (7) Day, Burke Chairman Neal, Jay Vice-Chairman Horne, Billy Secretary Cole, Jim Member Collins, Doug Member Crawford, Mack Member Talton, Willie Member
D (4) Black, Ellis Member Frazier, Gloria Member Gardner, Pat Member Hanner, Bob Member
Energy, Utilities, and Telecommunications
R (14) Lewis, Jeff Chairman Forster, Ron Vice-Chairman Loudermilk, Barry Secretary Amerson, Amos Member Bridges, Ben Member Burkhalter, Mark Member Cox, Clay Member Geisinger, Harry Member Harbin, Ben Member Horne, Billy Member Martin, Chuck Member Parsons, Don Member Scott, Martin Member Smith, Bob Member
D (8) Davis, Hardie Member

Drenner, Karla Member Hudson, Sistie Member Lucas, David Member Mangham, Randal Member Watson, Stan Member Williams, "Coach" Member Wix, Don Member
Reapportionment
R (6) Franklin, Bobby Chairman Lane, Roger Vice-Chairman Jones, Jan Secretary Scott, Austin Member Smith, Bob Member Yates, John Member
D (3) Beasley-Teague, Sharon Member Johnson, Celeste Member Massey Reece, Barbara Member
Retirement
R (8) Bridges, Ben Chairman Maxwell, Howard Vice-Chairman Mumford, Robert Secretary Benton, Tommy Member Coleman, Brooks Member Day, Burke Member Golick, Rich Member Meadows, John Member
D (6) Brooks, Tyrone Member Buckner, Debbie Member Gordon, J. Craig Member James, Lynmore Member Jenkins, Charles Member Williams, "Coach" Member

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Regulated Industries
R (6) Williams, Roger Chairman Tumlin, Steve Vice-Chairman Dickson, Tom Secretary Bearden, Tim Member Freeman, Allen Member Jerguson, Sean Member
D (4) Epps, Carl Von Member Lord, Jimmy Member Mitchell, Billy Member Shaw, Jay Member
Rules
R (28) Ehrhart, Earl Chairman Parrish, Butch Vice-Chairman Mills, James Secretary Barnard, Terry Member Bridges, Ben Member Burkhalter, Mark Member Casas, David Member Channell, Mickey Member Coan, Mike Member Cooper, Sharon Member Fleming, Barry Member Golick, Rich Member Keen, Jerry Member Lane, Bob Member Lewis, Jeff Member Lunsford, John Member Manning, Judy Member Millar, Fran Member Ralston, David Member Rice, Tom Member Roberts, Jay Member Scott, Austin Member Smith, Vance Member Smith, Lynn Member

Smith, Bob Member Stephens, Ron Member Walker, Len Member Willard, Wendell Member
D (9) Hugley, Carolyn Ex-Officio Porter, DuBose Ex-Officio Hanner, Bob Member Jacobs, Mike Member Mosby, Howard Member Parham, Bobby Member Randall, Nikki Member Shaw, Jay Member Smyre, Calvin Member
Science and Technology
R (5) Amerson, Amos Chairman Martin, Chuck Vice-Chairman Mumford, Robert Secretary Casas, David Member Loudermilk, Barry Member
D (4) Davis, Hardie Member Levitas, Kevin Member Massey Reece, Barbara Member Oliver, Mary Margaret Member
State Institutions and Property
R (8) Barnard, Terry Chairman Cole, Jim Vice-Chairman Lane, Roger Secretary Davis, Steve Member Ehrhart, Earl Member Heard, John Member Hill, Calvin Member Horne, Billy Member

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117

D (6) Buckner, Debbie Member Cheokas, Mike Member Greene, Gerald Member Massey Reece, Barbara Member Starr, Wade Member Williams, Al Member
State Planning and Community Affairs
R (9) Smith, Tommy Chairman Chambers, Jill Vice-Chairman Sims, Barbara Secretary Bearden, Tim Member Freeman, Allen Member Lakly, Dan Member Smith, Lynn Member Smith, Richard Member Willard, Wendell Member
D (7) Crawford, Rick Member Dukes, Winfred Member Gordon, J. Craig Member Heckstall, Joe Member Henson, Michele Member Mitchell, Billy Member Shipp, Robbin Member
Special Rules
R (3) Hill, Calvin Chairman Keown, Mike Vice-Chairman Holt, Doug Secretary
Transportation
R (26) Smith, Vance Chairman Floyd, Johnny Vice-Chairman

Loudermilk, Barry Secretary Benton, Tommy Member Burns, Jon Member Chambers, Jill Member Channell, Mickey Member Davis, Steve Member Dollar, Matt Member Everson, Melvin Member Fleming, Barry Member Freeman, Allen Member Geisinger, Harry Member Graves, Tom Member Hamilton, Mark Member Hatfield, Mark Member Hill, Cecily Member Holt, Doug Member May, Jeff Member McCall, Tom Member Ralston, David Member Rogers, Carl Member Rynders, Ed Member Sheldon, Donna Member Sims, Barbara Member Williams, Mark Member
D (11) Abdul-Salaam, Roberta Member Bryant, Bob Member Glanton, Mike Member Jacobs, Mike Member Jones, Sheila Member Jordan, Darryl Member Lucas, David Member Murphy, Quincy Member Sims, Freddie Member Starr, Wade Member Wix, Don Member
Ways and Means R (21) O'Neal, Larry Chairman Sims, Chuck Vice-Chairman Scott, Martin Secretary

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Harbin, Ben Ex-Officio Day, Burke Member Graves, Tom Member Jones, Jan Member Knight, David Member Lewis, Jeff Member Lindsey, Edward Member Martin, Chuck Member Mills, James Member Parsons, Don Member Peake, Allen Member Rice, Tom Member Roberts, Jay Member Royal, Richard Member Scott, Austin Member Stephens, Ron Member Tumlin, Steve Member Williams, Roger Member

D (6) Beasley-Teague, Sharon Member Bryant, Bob Member Fludd, Virgil Member Jamieson, Jeanette Member Mosby, Howard Member Stanley-Turner, LaNett Member
Hawks
John Lunsford Senior Hawk Tom Graves Hawk David Casas Hawk

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

HB 5.

By Representatives Oliver of the 83rd, Watson of the 91st, Mitchell of the 88th, Drenner of the 86th and Benfield of the 85th:

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 add a points penalty for the use of cellular, hands-free, or mobile telephones or other wireless communication devices under certain circumstances; to change certain provisions related to exercising due care in operating a motor vehicle and the proper use of radios and mobile telephones; to provide for definitions; to provide for a penalty; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 6. By Representatives Franklin of the 43rd and Reese of the 98th:

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 prohibit certain confiscation or registration of legally owned and carried firearms during certain emergency conditions; to provide for exceptions; to provide for civil penalties; to amend Code Section

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38-3-51 of the Official Code of Georgia Annotated, relating to the emergency powers of the Governor, so as to limit the Governors emergency powers with respect to firearms; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 15. By Representatives Meadows of the 5th, Morris of the 155th, Lindsey of the 54th, Benton of the 31st, Smith of the 131st and others:
A BILL to be entitled an Act to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to change certain provisions relating to registration and certificate of births; to provide for a short title; 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 24. By Representatives Tumlin of the 38th, Keown of the 173rd, Freeman of the 140th, Oliver of the 83rd and Dempsey of the 13th:
A BILL to be entitled an Act to amend Title 31 of the O.C.G.A., relating to health, so as to provide for an advance directive for health care which combines provisions of a living will and a durable power of attorney for health care; to provide for revocation, the effect of marriage, and guardianship; to provide for duties and responsibilities of health care agents and health care providers; to provide for conditions precedent to carrying out health care treatment preferences and a physicians responsibilities; to provide for the effect of an advance directive for health care on criminal and insurance laws; to provide for penalties; to provide for the effect of Chapter 32 of Title 31 on other legal rights and duties; to repeal and reserve Chapter 36 of Title 31, relating to a durable power of attorney for health care; 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 Judiciary.
HB 40. By Representatives Franklin of the 43rd, Scott of the 2nd, Royal of the 171st, Williams of the 4th, Rice of the 51st and others:
A BILL to be entitled an Act to amend Code Section 48-7-82 of the Official Code of Georgia Annotated, relating to periods of limitation for assessment and collection of income taxes, so as to authorize additional claims for

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refunds of state income taxes following the claiming and allowing of certain amended federal returns; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 41. By Representative Stephens of the 164th:
A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to parks, so as to provide that there shall be no limit on the length of time during which a senior citizen who is a resident of Georgia may park a camper in a state park; to provide for an exception; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
HB 42. By Representatives Barnard of the 166th, Stephens of the 164th, Lane of the 167th, Hill of the 180th and Carter of the 159th:
A BILL to be entitled an Act to amend Code Section 12-5-295 of the Official Code of Georgia Annotated, relating to inapplicability of the Coastal Marshlands Protection Act to certain activities, so as to provide for matters relative to certain private docks exempted from said Act; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 43. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Code Section 21-2-220 of the Official Code of Georgia Annotated, relating to application for voter registration, so as to require an applicant to provide proof of citizenship when registering to vote; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 44. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Code Section 31-10-15 of the Official Code of Georgia Annotated, relating to death certificates, so as to provide that death certificates must be completed by the attending physician or other appropriate person within 72 hours following the death of an individual in a

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hospice, nursing home, or hospital; to provide for exceptions; to provide for certain notices; to provide for sanctions for failure to comply; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 45. By Representative Stephens of the 164th:
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 Insurance.
HB 46. By Representative Holt of the 112th:
A BILL to be entitled an Act to amend Article 1 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to the annexation of property, so as to repeal and replace provisions relating to objections to land use following rezoning; to provide a statement of legislative findings and intent; to provide that whenever property in the unincorporated area of a county is annexed to a city, zoning decisions applicable to such property shall be made concurrently by the governing authorities of the municipality and the county for a period of five years; to provide for the applicability to such territory of the county land use plan in effect at the time of annexation; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 47. By Representative Stephens of the 164th:
A BILL to be entitled an Act to amend various titles of the Official Code of Georgia Annotated so as to combine the Department of Human Resources and the Department of Community Health into the Department of Health; to make global name changes for the department, commissioner, and board of human resources; to make global name changes for the department, commissioner, and board of community health; to amend delayed Code sections to reflect the revised names; to change provisions for conformity purposes; to establish the Department of Health and provide for transition; to

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provide for effective dates; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 48. By Representatives Chambers of the 81st, Bearden of the 68th and Geisinger of the 48th:
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 redefine certain terms; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 49. By Representatives Talton of the 145th, Manning of the 32nd, Rice of the 51st and Parham of the 141st:
A BILL to be entitled an Act to amend Code Section 40-2-86.21 of the Official Code of Georgia Annotated, relating to special license plates promoting certain beneficial projects and supporting certain worthy agencies, funds, or nonprofit corporations, so as to provide for a specification in the design of a certain special tag; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 50. By Representatives Forster of the 3rd, Oliver of the 83rd, Manning of the 32nd, Mumford of the 95th, Lindsey of the 54th and others:
A BILL to be entitled an Act to amend Chapter 3 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 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 51. By Representatives Jacobs of the 80th, Ralston of the 7th, Mumford of the 95th, Bearden of the 68th, Franklin of the 43rd and others:

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A BILL to be entitled an Act to amend Code Section 15-16-10 of the Official Code of Georgia Annotated, relating to sheriffs duties, penalties, and electronic storage, so as to change the frequency with which a sheriff reviews security plans; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 52. By Representatives Forster of the 3rd, Ralston of the 7th, Oliver of the 83rd, Manning of the 32nd, Reese of the 98th and others:
A BILL to be entitled an Act to amend 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, so as to change provisions relating to interim control or detention of accused children; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 53. By Representatives England of the 108th, Benton of the 31st, McCall of the 30th and Jamieson of the 28th:
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 court, so as to change certain provisions relating to the Piedmont Circuit; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 54. By Representatives Powell of the 29th, McCall of the 30th and Bearden of the 68th:
A BILL to be entitled an Act to regulate interbasin and intrabasin transfers of surface water and ground water; to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to change certain provisions relating to permits for withdrawal, diversion, or impoundment of surface waters and monitoring, recording, and reporting of water withdrawal; to change certain provisions relating to permits to withdraw, obtain, or use ground water; water conservation plans; factors to be considered; notice of official acts; administrative hearings; and judicial review; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.

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HB 55. By Representatives Powell of the 29th, McCall of the 30th and Bearden of the 68th:
A BILL to be entitled an Act to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to provide for protection of river basins; to define certain terms; to regulate interbasin transfers of water; to provide for an in-stream flow policy; to provide an exemption; to provide legislative findings and declarations; to provide a short title; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 56. By Representative Powell of the 29th:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the nonpartisan election of clerks of the superior court, sheriffs, tax receivers, tax collectors, and tax commissioners; to provide for the qualifying for such offices; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 57. By Representative Powell of the 29th:
A BILL to be entitled an Act to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions regarding the General Assembly, so as to provide that committees of the General Assembly shall have the ability to subpoena persons to testify before such committees and produce documents for examination by the committees; to provide for procedures for the issuance of such subpoenas; to provide for the enforcement of such subpoenas; to provide that committees may swear witnesses who appear before such committees; to provide penalties for false testimony before such committees; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Rules.
HB 58. By Representative 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 elections and primaries generally, so

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as to provide that the General Assembly by local law may provide for the nonpartisan election of clerks of the superior court, sheriffs, tax receivers, tax collectors, and tax commissioners; to provide for the qualifying for such offices; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 59. 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, 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 60. By Representative 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 elections and primaries generally, so as to provide for the burden of proof in hearings challenging a candidates qualifications based upon residency; to provide for an award of costs and attorneys fees for frivolous or harassing candidate qualification challenges; to provide for certain rebuttable presumptions concerning residency; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 61. By Representative Powell of the 29th:
A BILL to be entitled an Act to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to health care facilities, so as to provide a short title; to provide definitions; to require certain reports by hospitals and ambulatory surgical centers concerning hospital acquired infections; to require certain reports by the Department of Human Resources; to provide for an advisory committee and its membership and duties; to provide for sanctions for failure to make reports; to provide for enforcement; to provide for sanctions for violations; to provide for privacy; to provide for publication and availability of such reports; to authorize the department to promulgate rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Health & Human Services.
HB 62. By Representative Powell of the 29th:
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 voting, 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 63. By Representative Powell of the 29th:
A BILL to be entitled an Act to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, so as to provide for direct loans to students for attendance at certain postsecondary institutions at the rate of 1 percent annually; to provide for definitions; to provide for the maximum amount of such loans; to provide for eligibility requirements; to provide for the random selection of recipients of such loans from eligible applicants; to provide for a fund for such loans that is separate from the general loan fund; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
HB 64. By Representative Powell of the 29th:
A BILL to be entitled an Act to amend Title 42 of the O.C.G.A., relating to penal institutions, so as to create the Division of Probation/Parole Community Based Supervision; to amend Title 16 of the O.C.G.A., relating to crimes and offenses, so as to correct cross-references; to amend Title 17 of the O.C.G.A., relating to criminal procedure, so as to change provisions relating to imposition and service of split sentences; to provide for sentencing orders and their terms and effect; to amend Titles 19, 40, and 45 of the O.C.G.A., relating to domestic relations, motor vehicles and traffic, and public officers and employees, respectively, so as to provide for certain changes in the administrative organization of the Department of Corrections and the State Board of Pardons and Paroles and to provide for conforming amendments; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Judiciary Non-Civil.
HB 65. By Representative Powell of the 29th:
A BILL to be entitled an Act to amend Title 42 of the O.C.G.A., relating to penal institutions, so as to create the Department of Probation/Parole Community Based Supervision; to amend Title 16 of the O.C.G.A., relating to crimes and offenses, so as to correct cross-references; to amend Title 17 of the O.C.G.A., relating to criminal procedure, so as to change provisions relating to imposition and service of split sentences; to amend Titles 19, 40, and 45 of the O.C.G.A., relating to domestic relations, motor vehicles and traffic, and public officers and employees, respectively, so as to provide for certain changes in the administrative organization of the Department of Corrections and the State Board of Pardons and Paroles and to provide for conforming amendments; 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 66. By Representative Davis of the 109th:
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.
HB 67. By Representatives Martin of the 47th, Royal of the 171st, Collins of the 27th, Knight of the 126th, Scott of the 2nd and others:
A BILL to be entitled an Act to amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation

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taxes, so as to repeal the corporate net worth tax; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HR 15. By Representatives Channell of the 116th, Parrish of the 156th, Royal of the 171st, Stephens of the 164th and Sheldon of the 105th:
A RESOLUTION creating the Joint Study Committee on State Stroke System of Care; and for other purposes.

Referred to the Committee on Health & Human Services.
HR 16. By Representatives Bridges of the 10th, Fleming of the 117th, Roberts of the 154th, Ehrhart of the 36th, Harbin of the 118th and others:
A RESOLUTION urging the Capitol Arts Standards Commission to authorize the placement of a statue on the grounds of the State Capitol Building honoring Zell Bryan Miller; and for other purposes.

Referred to the Committee on State Institutions & Property.

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

HB 2 HB 12 HB 21 HB 26 HB 29 HB 34

HB 35 HB 36 HB 37 HB 38 HB 39 HR 14

HOUSE RULES CALENDAR THURSDAY, JANUARY 11, 2007
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

THURSDAY, JANUARY 11, 2007

129

Modified Open Rule

None

Modified Structured Rule

HR 13

State Children's Health Insurance Plan; urge Congress to provide funding (Rules-116th)

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. Ewing, the Secretary thereof:

Mr. Speaker:

The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:

SR 6.

By Senators Goggans of the 7th, Thomas of the 2nd, Williams of the 19th, Johnson of the 1st, Hill of the 4th and others:

A RESOLUTION urging the Congress of the United States to provide funding and ensure reauthorization of the State Children's Health Insurance Plan (SCHIP); and for other purposes.

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

Williams of the 165th, Davis of the 109th, Brooks of the 63rd, and Benton of the 31st.

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

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HR 17. By Representatives Thomas of the 55th, Abdul-Salaam of the 74th, Benfield of the 85th, Beasley-Teague of the 65th and Sinkfield of the 60th:

A RESOLUTION recognizing the National Advocates for Pregnant Women's National Summit to Ensure the Health and Humanity of Pregnant and Birthing Women and proclaiming January 19, 2007, as Ensuring the Health and Humanity of Pregnant and Birthing Women Day in Georgia; and for other purposes.

HR 18. By Representatives Buckner of the 130th, Smyre of the 132nd, Smith of the 131st, Smith of the 129th, Hugley of the 133rd and others:

A RESOLUTION congratulating the Columbus Northern Little Leaguers on winning the Little League Baseball World Series and inviting them to appear before the House of Representatives; and for other purposes.

HR 19. By Representatives Buckner of the 130th and Smith of the 129th:

A RESOLUTION commending Dr. Susan Andrews of Harris County School System as Georgia's Superintendent of the Year for 2007 and inviting her to appear before the House of Representatives; and for other purposes.

SR 6.

By Senators Goggans of the 7th, Thomas of the 2nd, Williams of the 19th, Johnson of the 1st, Hill of the 4th and others:

A RESOLUTION urging the Congress of the United States to provide funding and ensure reauthorization of the State Children's Health Insurance Plan (S-CHIP); and for other purposes.

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

HR 13. By Representatives Channell of the 116th, Harbin of the 118th, Keen of the 179th, Fleming of the 117th, Parsons of the 42nd and others:

A RESOLUTION urging the Congress of the United States to provide funding and ensure reauthorization of the State Children's Health Insurance Plan (S-CHIP); and for other purposes.

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

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131

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

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden
Beasley-Teague Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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 E Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan
Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the adoption of the Resolution, the ayes were 166, nays 0.

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

Representatives Beasley-Teague of the 65th, Benfield of the 85th, Kaiser of the 59th, Stephenson of the 92nd, and Wix of the 33rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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The Constitution of the United States recognizes that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." At no time and in no place has the authority to appropriate public funds for the purpose of providing health insurance ever been delegated to the Congress of the United States. Therefore, I believe that it would be a violation of my oath of office (to support the Constitution of the United States) to urge Congress to do something that they have absolutely no authority to do. If I had been on the floor during the vote on HR 13 I would have voted "NO."
/s/ Bobby Franklin
The following Resolutions of the House were read and adopted:
HR 20. By Representative Coleman of the 97th:
Commending Nathaniel "Nathan" Kenton Rood; and for other purposes.
HR 22. By Representatives Ashe of the 56th and Kaiser of the 59th:
Expressing congratulations and best wishes to Benjamin Simmons on the occasion of his 100th birthday; and for other purposes.
HR 23. By Representatives Davis of the 122nd, Murphy of the 120th, Howard of the 121st, Sims of the 119th, Porter of the 143rd and others:
Honoring the memory of Honorable Pete Warren and expressing regret at his passing; and for other purposes.
HR 24. By Representatives Dickson of the 6th and Meadows of the 5th:
Remembering and honoring the life of Mr. Larry A. Loughridge; and for other purposes.
HR 25. By Representative Davis of the 109th:
Commending Ryan Scott Davis on the occasion of his eighteenth birthday; and for other purposes.
HR 26. By Representative O`Neal of the 146th:
Recognizing 2007 as The Year of Aviation in Georgia and recognizing Ben Epps as the father of aviation in Georgia; and for other purposes.

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133

HR 27. HR 28.
HR 29. HR 31. HR 32. HR 33. HR 34. HR 35. HR 36. HR 37.

By Representative O`Neal of the 146th: Commending the 116th Air Control Wing of the United States Air Force; and for other purposes. By Representatives Benton of the 31st, Bearden of the 68th, Powell of the 29th, England of the 108th, Hatfield of the 177th and others: Recognizing the bicentennial anniversary of General Robert Edward Lee's birth; and for other purposes. By Representative Stephens of the 164th: Commending Christopher M. Smalls; and for other purposes. By Representatives Holt of the 112th and Smith of the 113th: Commending Marshall "Woody" Williams for his service to the citizens of Morgan County; and for other purposes. By Representative Coleman of the 97th: Commending Zachary "Zach" Stephen Sudler; and for other purposes. By Representative Coleman of the 97th: Commending James Avera Fisher; and for other purposes. By Representative Benton of the 31st: Commending Joshua Deremer; and for other purposes. By Representative Benton of the 31st: Commending Jeremy Deremer; and for other purposes. By Representative Day of the 163rd: Commending The Landings Garden Club of Savannah, Georgia; and for other purposes. By Representative O`Neal of the 146th:

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Commending Linda Williams Jimmerson; and for other purposes.
HR 38. By Representative Crawford of the 16th:
Expressing regret at the passing of Ray Beck; and for other purposes.
HR 39. By Representatives Benton of the 31st and McCall of the 30th:
Expressing regret at the passing of Mr. Gerald Jordan; and for other purposes.
HR 40. By Representative Stephens of the 164th:
Commending Cory Lee Smalls; 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 22, 2007, 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 22, 2007.

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Representative Hall, Atlanta, Georgia

Monday, January 22, 2007

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 Abrams Amerson Bearden Benton Black Bridges Brooks Bruce Bryant Buckner Burkhalter Burns Byrd Carter, A Carter, B Chambers Cheokas Coan Cole Coleman Collins Cooper Cox E Crawford, M Crawford, R Davis, H Davis, S Day Dempsey

Dickson Dollar Drenner Ehrhart England Epps Everson Fleming Floyd, J Fludd Forster Franklin Frazier Freeman Gardner Geisinger Glanton Golick Gordon Graves Greene Hamilton Hanner Harbin Heard, J Heard, K Heckstall Hembree Hill, C.A

Holt Horne Houston Howard Jackson Jacobs James Jamieson Jenkins Jerguson Johnson, C Johnson, T Jones, J Jones, S Kaiser Keen Knight Knox Lakly Lane, B Lane, R Levitas Lewis Lindsey Lord Loudermilk Lucas Maddox Manning

Martin Maxwell McKillip Meadows Millar Mills Mitchell Morris Mosby Mumford Murphy Neal Nix Oliver O'Neal Parham Parrish Parsons Peake Powell Pruett Ralston Reece Reese Rice Roberts Rogers Royal Rynders

Sailor Scott, M Sellier Setzler Shaw Shipp Sims, B Sims, C Sims, F Smith, B Smith, L Smith, R E Smith, T Smith, V Stanley-Turner Starr Stephens Talton Thomas, A.M Thomas, B Tumlin Walker Wilkinson Williams, A Williams, E Williams, M 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, Barnard of the 166th, Beasley-Teague of the 65th, Benfield of the 85th, Butler of the 18th, Casas of the 103rd, Channell of the 116th, Dukes of the 150th, Floyd of the 99th, Hatfield of the 177th, Henson of the 87th, Holmes of the 61st, Hudson of the 124th, Hugley of the 133rd, Jordan of the 77th, Keown of the 173rd, Lunsford of the 110th, Mangham of the 94th, Marin of the 96th, May of the 111th, McCall of the 30th, Morgan of the 39th, Porter of the 143rd, Randall of the 138th, Scott of the 153rd, Sheldon of the 105th, Sinkfield of the 60th, Smyre of the 132nd, Stephenson of the 92nd, Teilhet of the 40th, Watson of the 91st, and Wix of the 33rd.

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They wish to be recorded as present.

Prayer was offered by Reverend Gary Hargis, Voice of Truth, Irwinton, Georgia.

The members pledged allegiance to the flag.

Representative Lakly of the 72nd, 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 8.

By Representatives Bearden of the 68th, Talton of the 145th, Mangham of the 94th, Jacobs of the 80th and Powell of the 29th:

A BILL to be entitled an Act to revise Article 15 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to miscellaneous offenses regarding elections, so as to increase the penalties associated with tampering with, damaging, or preventing the proper operation of electronic voting machines and related equipment; 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.

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HB 10. By Representatives McKillip of the 115th, Jamieson of the 28th, Mosby of the 90th, Heard of the 114th, Drenner of the 86th 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 in an amount equal to 5 percent of the amount of the federal Earned Income Credit which the taxpayer has claimed and been allowed pursuant to Section 32 of the Internal Revenue Code of 1986, as amended; 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 68. By Representative Barnard of the 166th:
A BILL to be entitled an Act to amend Code Section 12-5-295 of the Official Code of Georgia Annotated, relating to applicability of the Coastal Marshlands Protection Act, so as to provide an exemption for a single private dock built by the owners of two or three adjoining lots; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 69. By Representative Franklin of the 43rd:
A BILL to be entitled an Act to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records to be kept on drivers in Georgia, so as to prohibit the Department of Driver Services from charging a fee for viewing a driver's record online; 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 70. By Representative Benton of the 31st:
A BILL to be entitled an Act to amend Code Section 12-5-573 of the Official Code of Georgia Annotated, relating to definitions relative to the Metropolitan North Georgia Water Planning District Act, so as to change a certain definition; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Natural Resources & Environment.
HB 71. By Representatives Day of the 163rd, Horne of the 71st and Neal of the 1st:
A BILL to be entitled an Act to amend Code Section 36-20-4 of the O.C.G.A., relating to the training of elected members of county governing authorities, so as to require elected members of a county governing authority to satisfactorily complete a course of training on comprehensive emergency preparedness and response; to amend Code Section 36-45-4 of the O.C.G.A., relating to the training of elected members of municipal governing authorities, so as to require elected members of a municipal governing authority to satisfactorily complete a course of training on comprehensive emergency preparedness and response; to amend Code Section 38-3-22.1, relating to training and technical assistance offered by the Georgia Emergency Management Agency for plans addressing threats of terrorism; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 72. By Representatives Day of the 163rd, Horne of the 71st and Neal of the 1st:
A BILL to be entitled an Act to amend Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions relative to education, so as to create the "Georgia Homeland Security in Education Act of 2007"; to provide that certain educational institutions shall be required to maintain information regarding student visas and report those students who fail to enroll or attend class or who withdraw from such school or who otherwise violate the terms of his or her visa; to provide for legislative intent; to provide for definitions; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 73. By Representatives Day of the 163rd, Horne of the 71st and Neal of the 1st:
A BILL to be entitled an Act to amend Code Section 31-5A-4 of the O.C.G.A., relating to the Department of Community Health's powers, duties, functions, and responsibilities and contracts for health benefits,; to amend Code Section 31-7-3 of the O. C. G. A., relating to requirements for permits to operate institutions, so as to require notification to certain departments, local officials, and utilities; to amend Code Section 31-12-2.1 of the O.C.G.A., relating to the investigation of potential bioterrorism activity, and regulations and planning for public health emergencies, to amend Code

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Section 38-3-27 of the O.C.G.A., relating to local organizations for emergency management, so as to require organizations receiving government assistance for the provision of housing for the elderly or disabled to provide certain notice to local emergency management organizations; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 74. By Representatives Day of the 163rd, Horne of the 71st and Neal of the 1st:
A BILL to be entitled an Act to amend Chapter 69 of Title 36 of the Official Code of Georgia Annotated, relating to mutual aid for local governments, so as to authorize peace officers rendering assistance to state or local law enforcement agencies to exercise the power of arrest; to provide for related matters; to provide limitations to liability for acts arising from the provision of law enforcement assistance to law enforcement agencies; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 75. By Representatives Day of the 163rd, Horne of the 71st and Neal of the 1st:
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 for additional offenses which amount to felony fleeing or attempting to elude a police officer; 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 76. By Representatives Day of the 163rd, Horne of the 71st and Neal of the 1st:
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 require permission for use of the Georgia Office of Homeland Security's and the Georgia Emergency Management Agency's nomenclature and symbols, 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 Public Safety and Homeland Security.

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HB 77. By Representatives Franklin of the 43rd, Scott of the 2nd, Loudermilk of the 14th, Lunsford of the 110th, Mumford of the 95th and others:
A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to repeal provisions relating to traffic-control signal monitoring devices; to correct crossreferences; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 78. By Representatives Royal of the 171st, England of the 108th, McCall of the 30th, Roberts of the 154th, Hill of the 21st and others:
A BILL to be entitled an Act to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, so as to provide for additional acts which shall not constitute a breach of a conservation use covenant; to provide for a definition; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 79. By Representatives Forster of the 3rd, Hill of the 21st, Rice of the 51st, Day of the 163rd, Talton of the 145th 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 the prohibition against affixing materials which reduce light transmission through windows or windshields of motor vehicles, so as to provide exemptions for certain vehicles; to provide that certain violations shall be charged as secondary offenses only; to provide punishments for certain violations; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 80. By Representatives Sims of the 169th, Jones of the 46th, Greene of the 149th and Hembree of the 67th:
A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change certain provisions regarding apportionment of public library funds to county and regional public libraries; to require a state audit of each library system with certain

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exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 81. By Representatives Hill of the 180th, Lane of the 158th, Barnard of the 166th, Burns of the 157th, Williams of the 165th and others:
A BILL to be entitled an Act to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change certain provisions relating to definitions; to change certain provisions relating to charter fishing guide and pier fishing licenses, fees, and maintenance of records; to provide for new licenses relative to salt water fishing; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
HB 82. By Representative Harbin of the 118th:
A BILL to be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 2006-2007 known as the "General Appropriations Act," approved May 8, 2006 (Ga. L. 2006, Volume One, Book Two), so as to change certain appropriations for the State Fiscal Year 2006-2007; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 83. By Representative Harbin of the 118th:
A BILL to be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 2006-2007 known as the "General Appropriations Act," approved May 8, 2006 (Ga. L. 2006, Volume One, Book Two), so as to change certain appropriations for the State Fiscal Year 2006-2007; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 84. By Representative Harbin of the 118th:
A BILL to be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008; to make

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and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 85. By Representative Harbin of the 118th:
A BILL to be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 86. By Representatives Forster of the 3rd, Amerson of the 9th, Yates of the 73rd, Sims of the 169th, Talton of the 145th and others:
A BILL to be entitled an Act to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, so as to provide that retirement or compensation received as retirement benefits from military service shall not be subject to state income tax; 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 87. By Representatives Sims of the 169th, Smith of the 168th, Black of the 174th and Cheokas of the 134th:
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

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as to provide an exemption with respect to the sale of certain machinery or equipment used directly in the production, tilling, planting, cultivation, and harvesting of peaches or blueberries; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 88. By Representatives Abdul-Salaam of the 74th, Brooks of the 63rd, BeasleyTeague of the 65th, Smyre of the 132nd, Morgan of the 39th 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 observances, 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 89. By Representatives Bearden of the 68th, Horne of the 71st and Hatfield of the 177th:
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 the carrying and possession of firearms, so as to change certain provisions regarding the transportation of certain firearms; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 90. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Code Section 43-18-70 of the Official Code of Georgia Annotated, relating to practice at a licensed funeral establishment or crematory, so as to provide that a funeral establishment shall have an adequate stock of funeral caskets on the premises; to provide that the display room may contain actual caskets or may contain models, mock-ups, or sections of caskets or similar items if such caskets are readily available and in stock for purchase at the establishment or can be delivered within 24 hours; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.

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HB 91. By Representatives Chambers of the 81st, Harbin of the 118th, Ehrhart of the 36th and Martin of the 47th:

A BILL to be entitled an Act to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to organization of the executive branch generally, so as to require each department, commission, authority, and agency of the executive branch of government to provide certain reports annually to the General Assembly; to provide for the contents of such reports; to provide for the time of submitting such reports; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Budget and Fiscal Affairs Oversight.

HB 92. By Representative Everson of the 106th:

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 94. By Representatives Richardson of the 19th, Harbin of the 118th, Golick of the 34th, Burkhalter of the 50th, Keen of the 179th and others:

A BILL to amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2006, and ending June 30, 2007, known as the general appropriations Act; and for other purposes.

Referred to the Committee on Appropriations.

HB 95. By Representatives Richardson of the 19th, Harbin of the 118th, Golick of the 34th, Burkhalter of the 50th, Keen of the 179th and others:

A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008; and for other purposes.

Referred to the Committee on Appropriations.

HR 3.

By Representatives Lindsey of the 54th, Stephens of the 164th, Powell of the 29th, Scott of the 2nd, Wilkinson of the 52nd and others:

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A RESOLUTION proposing an amendment to the Constitution so as to provide for limitations upon the rate of increase of the assessed value of real property for state, county, municipal, or educational ad valorem tax purposes; to provide for a definition; to provide for procedures; to provide for exceptions; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Ways & Means.

HR 21. By Representatives Dickson of the 6th, Meadows of the 5th, Williams of the 4th and Forster of the 3rd:

A RESOLUTION honoring the services of Mr. Elbert Shaw, Jr., of Dalton, Georgia, and designating the Dalton Regional Youth Detention Center as the Elbert Shaw, Jr. Regional Youth Detention Center; and for other purposes.

Referred to the Committee on State Institutions & Property.

HR 30. By Representatives Brooks of the 63rd and Talton of the 145th:

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, 2009; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Retirement.

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

HB 5 HB 6 HB 15 HB 24 HB 40 HB 41 HB 42 HB 43

HB 53 HB 54 HB 55 HB 56 HB 57 HB 58 HB 59 HB 60

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HB 44 HB 45 HB 46 HB 47 HB 48 HB 49 HB 50 HB 51 HB 52

HB 61 HB 62 HB 63 HB 64 HB 65 HB 66 HB 67 HR 15 HR 16

The following Resolution of the House was read:

HR 41. By Representatives Keen of the 179th, Burkhalter of the 50th, Fleming of the 117th and Lane of the 167th

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 12:00 Noon, Wednesday, January 24, 2007, 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 11:45 A.M. on the aforesaid date for the purpose of hearing an address from the Chief Justice.

BE IT FURTHER RESOLVED that each other Justice of the Supreme Court and each Judge of the Court of Appeals is hereby invited to the hall of the House of Representatives for the purpose of hearing the address from the Chief Justice.

BE IT FURTHER RESOLVED that the Clerk of the House is authorized and directed to transmit appropriate copies of this resolution to the Chief Justice, to each other Justice of the Supreme Court, and to each Judge of the Court of Appeals.

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

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe

Y Dempsey Y Dickson Y Dollar
Drenner

Y Holt Y Horne Y Houston Y Howard

Y Martin Y Maxwell Y May
McCall

Y Scott, M Y Sellier Y Setzler Y Shaw

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Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox E Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

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

On the adoption of the Resolution, the ayes were 168, nays 0.

The Resolution was adopted.

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

Lunsford of the 110th, Smith of the 113th, Thomas of the 100th, O`Neal of the 146th, Carter of the 159th, Frazier of the 123rd, Millar of the 79th, and Burkhalter of the 50th.

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

HR 42. By Representative Porter of the 143rd:

Congratulating Miss Bliss McMichael on being named Georgia's Junior Miss for the Class of 2007 and inviting her to appear before the House of Representatives; and for other purposes.

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HR 43. By Representatives O`Neal of the 146th, Talton of the 145th and Sellier of the 136th:
Inviting the coaches and players of the Northside High School Eagles football team to appear before the House of Representatives; and for other purposes.
HR 44. By Representatives Burkhalter of the 50th, Stephens of the 164th, Smith of the 113th and Parrish of the 156th:
Recognizing and commending Mr. Phillip Jennings III and inviting him to appear before the House of Representatives; and for other purposes.
Representative Keen of the 179th moved that the House do now adjourn until 3:00 o'clock, tomorrow afternoon, and the motion prevailed.
The Speaker announced the House adjourned until 3:00 o'clock, tomorrow afternoon.

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149

Representative Hall, Atlanta, Georgia

Tuesday, January 23, 2007

The House met pursuant to adjournment at 3:00 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:

Abrams E Amerson
Ashe Barnard Bearden Benton Black Bridges Brooks Bruce Bryant Buckner Burkhalter Burns Butler Carter, A Carter, B Chambers Channell Cheokas Cole Coleman Collins Cooper Cox E Crawford, M Crawford, R Davis, H Day

Dempsey Dickson Dollar E Drenner Ehrhart England Epps Everson Fleming Floyd, H Floyd, J Forster Franklin Frazier Freeman Gardner Geisinger Glanton Graves Greene Hamilton Hanner Hatfield Heard, J Heard, K Hembree Hill, C Holmes Holt

Houston Howard Jacobs E James Jamieson Jenkins Jerguson Johnson, C Jones, J Jones, S Jordan Kaiser Keen Keown Knight Knox Lakly Lane, B Lane, R Levitas Lewis Lindsey Lord Loudermilk Lunsford Maddox Manning Martin Maxwell

May McCall McKillip Meadows Mills Mitchell Morris Mumford Murphy Neal Oliver O'Neal Parham Parsons Peake Porter Powell Ralston Randall Reece Reese Rice Roberts Royal Rynders Sailor Scott, A Scott, M

Sellier Setzler Shaw Shipp Sims, B Sims, C Sims, F Smith, B Smith, L Smith, R E Smith, T Starr Talton Teilhet Thomas, A.M Thomas, B Tumlin Walker Watson Wilkinson Willard Williams, A Williams, E Williams, M 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, Beasley-Teague of the 65th, Benfield of the 85th, Byrd of the 20th, Casas of the 103rd, Coan of the 101st, Davis of the 109th, Dukes of the 150th, Fludd of the 66th, Golick of the 34th, Gordon of the 162nd, Harbin of the 118th, Heckstall of the 62nd, Henson of the 87th, Hill of the 180th, Horne of the 71st, 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, Millar of the 79th, Morgan of the 39th, Mosby of the 90th, Nix of the 69th, Parrish of the 156th, Pruett of the 144th, Rogers of the 26th, Sheldon of the 105th, Sinkfield of the 60th, Smith of the

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129th, Smyre of the 132nd, Stanley-Turner of the 53rd, Stephens of the 164th, and Stephenson of the 92nd.
They wish to be recorded as present.
Prayer was offered by Dr. David Bowen, First United Methodist Church, Commerce, Georgia.
The members pledged allegiance to the flag.
Representative Lakly of the 72nd, 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 23. By Representatives Keown of the 173rd, Benton of the 31st, Jamieson of the 28th, Maxwell of the 17th, Maddox of the 172nd and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to enact the "Fair Campaign Practices Act"; to provide a short title; to provide a statement of legislative intent; to provide a Code of Fair Campaign Practices;

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to provide that every candidate for public office shall receive a blank form of such code; to provide for the printing of such forms; to provide for the filing of such forms; to provide that subscription of such code shall be voluntary; to provide for indications of filing on political advertising; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 93. By Representative Maddox of the 172nd:
A BILL to be entitled an Act to provide a new charter for the City of Bainbridge; 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 and mayor and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 96. By Representatives Mills of the 25th, Floyd of the 147th, Hill of the 21st and Knight of the 126th:
A BILL to be entitled an Act to amend Article 3 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state depositories, so as to provide for letters of credit issued by a Federal Home Loan Bank to be accepted to secure state funds on deposit in state depositories; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Banks & Banking.
HB 97. By Representatives Lindsey of the 54th, Wilkinson of the 52nd, Teilhet of the 40th, Tumlin of the 38th, Jacobs of the 80th and others:
A BILL to be entitled an Act to amend Code Section 15-1-8 and Code Section 21-5-41 of the Official Code of Georgia Annotated, relating to when

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a judge or judicial officer is disqualified and the maximum allowable contributions, respectively, so as to provide for election reform in judicial, state-wide office, and General Assembly elections; to disqualify certain judges and Justices from hearing certain matters under certain circumstances; to limit certain contributions by political parties to candidates in nonpartisan judicial elections; to clarify provisions relating to the limitations on maximum allowable contributions by political parties; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 98. By Representatives Fleming of the 117th, Keen of the 179th, Burkhalter of the 50th, Ehrhart of the 36th, Willard of the 49th and others:
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 Rules.
HB 99. By Representatives Day of the 163rd, Horne of the 71st, Collins of the 27th, Neal of the 1st, Cole of the 125th and others:
A BILL to be entitled an Act to amend Code Section 48-5-48.4 of the Official Code of Georgia Annotated, relating to tax exemptions for unremarried surviving spouses of peace officers and firefighters, so as to provide a definition for the term "in the line of duty" as the term is used to provide a homestead exemption for the full value of the homestead with respect to all ad valorem taxes for designated unremarried surviving spouses of peace officers or firefighters who are killed in the line of duty; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 100. By Representatives Hill of the 180th, Lane of the 158th, Williams of the 165th, Knight of the 126th and Burns of the 157th:
A BILL to be entitled an Act to amend Title 27 of the O.C.G.A., relating to game and fish, so as to extensively revise various provisions relative to

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153

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 commercial fishing license requirement; 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 lawful commercial shrimping devices; to change certain provisions relating to taking of shrimp for noncommercial purposes generally; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
HB 101. By Representatives Houston of the 170th, McCall of the 30th, England of the 108th, Roberts of the 154th and Maddox of the 172nd:
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 that are not subject to disclosure, so as to provide that agricultural or food system records, data, or information that are considered a part of the critical infrastructure shall not be subject to disclosure; to provide that records, data, or information collected, recorded, or otherwise obtained for the purposes of the national animal identification system shall not be subject to disclosure; to provide for exceptions; to provide definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 102. By Representatives Lindsey of the 54th, Wilkinson of the 52nd, Oliver of the 83rd, Geisinger of the 48th, Jamieson of the 28th and others:
A BILL to be entitled an Act to amend Title 21 of the O.C.G.A., relating to elections, so as to create a taxpayer funded method of financing certain judicial elections for certain candidates who demonstrate public support and accept strict fund-raising and spending limitations; to change certain provisions relating to the duty of the State Election Board; to change certain provisions relating to the enforcement of Chapter 2 of said title, relating to elections and primaries generally; to provide that the State Election Board enforce provisions relating to the "Georgia Public Financing for State-wide Judicial Office Campaign Fund Act"; to provide for a short title; to make legislative findings; to provide for definitions; to provide for a fund to finance the election campaigns of certain judicial candidates; to provide for

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related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 103. By Representatives Peake of the 137th, Lucas of the 139th, Randall of the 138th, Freeman of the 140th, Cole of the 125th and others:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of Macon, Georgia," approved March 23, 1977 (Ga. L. 1977, p. 3776), as amended, so as to provide for the number of city council members; to provide for council members currently serving; to provide for the appointment of a mayor pro tempore; to provide for elections; 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 Intragovernmental Coordination - Local.
HB 104. By Representatives Bridges of the 10th, Amerson of the 9th, Collins 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 superior court judgeship for the Enotah Judicial Circuit; 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 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 declare inherent authority; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 105. By Representative Maddox of the 172nd:
A BILL to be entitled an Act to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to revise certain provisions relative to poultry; to change certain provisions relating to rendering plant license requirement, expiration, and fees; to change certain provisions relating to poultry dealer, broker, and market operator license requirement and record requirements, transportation equipment, and disposal of poultry; to change certain provisions relating to hatchery operator and poultry remedy

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manufacturer licenses; to change certain provisions relating to use of sulfaguanidine and sulfathiazole for poultry; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 106. By Representatives Bridges of the 10th and Maxwell of the 17th:
A BILL to be entitled an Act to amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Peace Officers' Annuity and Benefit Fund, payment to surviving spouse, requirements, effect of reemployment, effect of changes in retirement benefits, and payments on death of a member, so as to provide that certain benefit options shall be calculated on the interest rate and mortality basis approved from time to time by the board and by other factors; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 107. By Representatives Jones of the 46th, Burkhalter of the 50th, Rice of the 51st, Mills of the 25th and Rogers of the 26th:
A BILL to be entitled an Act to amend Code Section 36-34-2 of the Official Code of Georgia Annotated, relating to general powers regarding administration of municipal government, so as to provide for additional requirements with respect to certain franchise fees; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities and Telecommunications.
HB 108. By Representatives Keown of the 173rd, Tumlin of the 38th, Freeman of the 140th, Setzler of the 35th and Lane of the 167th:
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 enact the "Patient Right to Participate Act"; to provide for notice of hearings to patients whose care is the subject of a complaint and an opportunity to participate in investigations and actions against a physician; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.

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HB 109. By Representatives Black of the 174th, Shaw of the 176th, Carter of the 175th and Hatfield of the 177th:

A BILL to be entitled an Act to amend Chapter 68 of Title 36 of Official Code of Georgia Annotated, relating to consolidation of a county and municipality through repeal of the charter of the municipality, so as to provide that under certain circumstances a county which contains no municipality shall be deemed to constitute a consolidated government and shall be subject to certain provisions of said chapter; 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 110. By Representatives Jones of the 46th, Burkhalter of the 50th, Rice of the 51st, Mills of the 25th and Rogers of the 26th:

A BILL to be entitled an Act to amend Code Section 36-34-2 of the Official Code of Georgia Annotated, relating to general powers regarding administration of municipal government, so as to provide for additional requirements with respect to certain franchise fees; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Energy, Utilities and Telecommunications.

HB 111. By Representative Scott of the 153rd:

A BILL to be entitled an Act to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to permit petitions for delayed birth certificates to be filed in the probate court as well as the superior court; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

HR 2.

By Representatives Keown of the 173rd, Benton of the 31st, Hill of the 21st, Royal of the 171st, Maddox of the 172nd and others:

A RESOLUTION proposing an amendment to the Constitution of Georgia 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.

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Referred to the Committee on Governmental Affairs.
HR 45. By Representative Holt of the 112th:
A RESOLUTION dedicating SR 278 through Rutledge in honor of Jackson Bailey; and for other purposes.
Referred to the Committee on Transportation.
HR 46. By Representatives Fleming of the 117th, Burkhalter of the 50th and Keen of the 179th:
A RESOLUTION amending the Rules of the House of Representatives with respect to local legislation; and for other purposes.
Referred to the Committee on Rules.
HR 47. By Representatives Lindsey of the 54th, Tumlin of the 38th, Teilhet of the 40th, Benfield of the 85th, Mumford of the 95th and others:
A RESOLUTION creating the Joint Legislative Study Committee on Judicial Election Reform; and for other purposes.
Referred to the Committee on Governmental Affairs.
HR 48. By Representatives Rogers of the 26th, Harbin of the 118th, Smith of the 129th, Smith of the 113th, Floyd of the 147th 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 jet fuel and aviation gasoline 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.
Referred to the Committee on Ways & Means.
HR 49. By Representatives Royal of the 171st, Floyd of the 147th, Channell of the 116th, Parrish of the 156th, Stephens of the 164th and others:

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A RESOLUTION creating the House Mental Health Professionals Study Committee; and for other purposes.

Referred to the Committee on Health & Human Services.

HR 50. By Representatives Burkhalter of the 50th, Stephens of the 164th, Smith of the 129th, Jordan of the 77th, Parrish of the 156th and others:

A RESOLUTION urging the United States Department of Justice to oppose the proposed unsolicited takeover of Delta Air Lines; and for other purposes.

Referred to the Committee on Economic Development & Tourism.

HR 51. By Representatives Thomas of the 100th, Buckner of the 130th, Ashe of the 56th, Gardner of the 57th, Henson of the 87th and others:

A RESOLUTION urging the Board of Natural Resources to refrain from adopting any rule that would weaken protections of coastal salt marshlands against development; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

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

HB 8 HB 10 HB 68 HB 69 HB 70 HB 71 HB 72 HB 73 HB 74 HB 75 HB 76 HB 77 HB 78 HB 79 HB 80 HB 81

HB 82 HB 83 HB 84 HB 85 HB 86 HB 87 HB 88 HB 89 HB 90 HB 91 HB 92 HB 94 HB 95 HR 3 HR 21 HR 30

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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 18 HR 43

Do Pass Do Pass

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 41. By Representatives Keen of the 179th, Burkhalter of the 50th, Fleming of the 117th and Lane of the 167th:

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.

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

Heard of the 104th, Tumlin of the 38th, and Stephens of the 164th.

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

HR 53. By Representatives McCall of the 30th, McCall of the 30th, England of the 108th, England of the 108th, James of the 135th and others:

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

HR 54. By Representative Butler of the 18th:

A RESOLUTION commending the Bremen High School Varsity Competitive Cheerleading Squad and inviting them to appear before the House of Representatives; and for other purposes.

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

HR 18. By Representatives Buckner of the 130th, Smyre of the 132nd, Smith of the 131st, Smith of the 129th, Hugley of the 133rd and others:

A RESOLUTION congratulating the Columbus Northern Little Leaguers on winning the Little League Baseball World Series and inviting them to appear before the House of Representatives; and for other purposes.

HR 43. By Representatives O`Neal of the 146th, Talton of the 145th and Sellier of the 136th:

Inviting the coaches and players of the Northside High School Eagles football team 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 53 HR 54

Do Pass Do Pass

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

HR 53. By Representatives McCall of the 30th, McCall of the 30th, England of the 108th, England of the 108th, James of the 135th and others:

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 54. By Representative Butler of the 18th:

A RESOLUTION commending the Bremen High School Varsity Competitive Cheerleading Squad and inviting them to appear before the House of Representatives; and for other purposes.

The following Resolutions of the House were read and adopted:

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HR 52. By Representatives O`Neal of the 146th, Talton of the 145th and Sellier of the 136th:
Commending Danny Carpenter; and for other purposes.
HR 58. By Representatives O`Neal of the 146th, Talton of the 145th and Sellier of the 136th:
A RESOLUTION commending the Northside High School Eagles football team; and for other purposes.
Representative Burkhalter of the 50th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Wednesday, January 24, 2007

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 Abrams Amerson Ashe Barnard Bearden Benfield Benton Bridges Brooks Bruce Bryant Buckner Burkhalter Burns Byrd Carter, A Carter, B Casas Chambers Cheokas Cole Coleman Collins Cooper Cox E Crawford, M Crawford, R Davis, H

Davis, S Day Dempsey Dickson Drenner Dukes Ehrhart England Epps Everson Fleming Floyd, H Floyd, J Forster Franklin Frazier Freeman Gardner Geisinger Glanton Gordon Graves Greene Hamilton Hatfield Heard, J E Heard, K Heckstall Hill, C

Holt Horne Houston Howard Hudson E James Jenkins Jerguson Johnson, C Jones, J Jones, S Kaiser Keen Keown Knight Knox Lakly Lane, B Lane, R Levitas Lewis Lindsey Lord Loudermilk Lucas Maddox Mangham Manning

Martin Maxwell May McCall McKillip Meadows Millar Mills Morris Mosby Mumford Murphy Neal Nix Oliver O'Neal Parham Parsons Peake Porter Powell Pruett Ralston Randall Reece Rice Roberts Rogers

Royal Rynders Scott, M Sellier Setzler Shaw Sheldon Sims, B Sims, F Smith, B Smith, L Smith, R E Smith, T Smith, V Starr Stephens Talton Teilhet Thomas, B Tumlin Wilkinson Willard Williams, A Williams, E Williams, M 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, Butler of the 18th, Channell of the 116th, Dollar of the 45th, Fludd of the 66th, Golick of the 34th, Hanner of the 148th, Harbin of the 118th, Hembree of the 67th, Henson of the 87th, Holmes of the 61st, Jackson of the 161st, Jacobs of the 80th, Johnson of the 37th, Jordan of the 77th, Lunsford of the 110th, Marin of the 96th, Mitchell of the 88th, Morgan of the 39th, Reese of the 98th, Sailor of the 93rd, Scott of the 153rd, Shipp of the 58th, Sims of the 169th, Sinkfield of the 60th, Smyre of the 132nd, Stanley-Turner of the 53rd, Stephenson of the 92nd, Thomas of the 55th, Walker of the 107th, Watson of the 91st, and Wix of the 33rd.

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They wish to be recorded as present.

Prayer was offered by Dr. Herchel Sheets, Snellville, Georgia.

The members pledged allegiance to the flag.

Representative Lakly of the 72nd, 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 9.

By Representatives Bearden of the 68th, Talton of the 145th, Mangham of the 94th, Brooks of the 63rd, Jacobs of the 80th and others:

A BILL to be entitled an Act to amend Part 5 of Article 9 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to electronic recording voting systems, so as to require all electronic recording voting systems to produce a permanent paper record of the ballots cast on such systems for each voter; to provide that voters have an opportunity to verify such record after voting; to provide that such paper records be retained for use in recounts and election challenge proceedings; to provide for use of certain printers attached or connected to direct recording electronic voting

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equipment; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 112. By Representatives McCall of the 30th and England of the 108th:
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 eliminate certain license fees; to change certain provisions relating to applications for licenses and permits relative to milk products, duration of licenses, renewal of licenses, and procedure for denial, revocation, or suspension of licenses; to change certain provisions relating to license requirements for cream testers; to change certain provisions relating to licenses for manufacture, bottling, and distribution of soft drinks, fees, and separate licenses for each business or bottling or manufacturing plant; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 113. By Representatives Day of the 163rd, Black of the 174th, Talton of the 145th, Neal of the 1st, Hanner of the 148th and others:
A BILL to be entitled an Act to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to provide a short title; to provide definitions; to provide for the Georgia Firefighter Standards and Training Council to develop and offer fire officer development training through the Georgia Fire Academy; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety and Homeland Security.
HB 114. By Representatives Oliver of the 83rd, Bruce of the 64th, Gardner of the 57th, Kaiser of the 59th, Ashe of the 56th and others:
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 Agriculture & Consumer Affairs.

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HB 115. By Representatives Franklin of the 43rd, Ehrhart of the 36th, Keen of the 179th, Burkhalter of the 50th, Willard of the 49th and others:
A BILL to be entitled an Act to amend Code Section 15-2-8 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Supreme Court, so as to provide that certain persons who do not meet the normal educational requirements for admission to the bar shall be eligible to take the examination for admission to the state bar and, upon successful completion, to be admitted to the practice of law in this state; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 116. By Representatives Scott of the 153rd and Roberts of the 154th:
A BILL to be entitled an Act to amend Code Section 15-1-9.2 of the Official Code of Georgia Annotated, relating to senior judge status, so as to provide that judges of the superior court who leave office but do not qualify for appointment as a senior judge under any other provision of law may apply to the Governor for appointment as a senior judge under certain circumstances; 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 117. By Representatives Heard of the 104th, Knox of the 24th, Lewis of the 15th, Hembree of the 67th, Yates of the 73rd and others:
A BILL to be entitled an Act to amend provisions of the O.C.G.A. relating to motorcycles and all-terrain vehicles; to amend Part 1 of Article 22 of Chapter 1 of Title 10 of the O.C.G.A., relating to general considerations regarding motor vehicle franchises, so as to exempt motorcycles, all-terrain vehicles, and utility vehicles from the definition of motor vehicle; to amend Chapter 1 of Title 10 of the O.C.G.A., relating to selling and other trade practices, so as to provide for definitions; to provide purposes and policies to protect motorcycle, all-terrain vehicle, and utility vehicle dealers; to provide that a grantor must approve a sale of a dealership if the terms are reasonable; to provide for succession of the dealership to the dealer's named beneficiaries; to provide for warranty obligations; to provide for dispute resolution; to provide for applicability; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Judiciary.
HB 118. By Representatives Ehrhart of the 36th, Lane of the 167th, Martin of the 47th and Keen of the 179th:
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 fifth judge of the superior courts of the Brunswick Judicial Circuit and a tenth judge of the superior courts of the Cobb Judicial Circuit; 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 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 for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 119. By Representatives Willard of the 49th, Ralston of the 7th, Lindsey of the 54th, Fleming of the 117th, Tumlin of the 38th and others:
A BILL to be entitled an Act to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials and cost of living adjustments, so as to increase the annual salaries of Supreme Court Justices, Court of Appeals Judges, and superior court judges; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 120. By Representatives Willard of the 49th, Ralston of the 7th, Lindsey of the 54th, Fleming of the 117th, Tumlin of the 38th and others:
A BILL to be entitled an Act to amend Chapter 2 and Chapter 3 of Title 15 of the Official Code of Georgia Annotated, relating to the Supreme Court and Court of Appeals respectively, so as to provide for travel allowances for certain appellate Justices and Judges; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.

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HB 121. By Representatives Willard of the 49th, Lane of the 167th, Hatfield of the 177th, Bruce of the 64th, Mills of the 25th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to property and persons subject to garnishment, so as to change certain provisions relating to service of summons of garnishment upon corporations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 122. By Representatives England of the 108th, McCall of the 30th, Roberts of the 154th, Burns of the 157th, Maddox of the 172nd and others:
A BILL to be entitled an Act to amend Code Section 2-13-8 of the Official Code of Georgia Annotated, relating to labeling requirements for commercial feeds, so as to exclude equine feeds from those feeds for which collective terms of ingredients may be used or which may be exempted from certain requirements; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 123. By Representatives England of the 108th, Jones of the 46th, Houston of the 170th, McCall of the 30th, Sheldon of the 105th and others:
A BILL to be entitled an Act to amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to municipal annexation of territory, so as to change certain provisions relating to authority, procedures, identification, and status of lands relative to municipal deannexation; to provide procedures applicable to municipal deannexation of property pursuant to application of landowners thereof; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 124. By Representatives Stephens of the 164th, Day of the 163rd, Tumlin of the 38th, Sims of the 169th, Martin of the 47th and others:
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 constituting the inventory of a business; to provide for applicability;

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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 125. By Representatives Bearden of the 68th, Benton of the 31st, Morris of the 155th, Hatfield of the 177th and Powell of the 29th:
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 encourage the 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 126. By Representatives Bearden of the 68th, Fleming of the 117th and Butler of the 18th:
A BILL to be entitled an Act to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide that a verdict in a felony case, other than a case involving the death penalty, shall be agreed to by at least 11 of the 12 jurors; to provide that a verdict in a criminal case in which the death penalty is sought shall be agreed to by all 12 jurors; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 127. By Representatives Byrd of the 20th, Jerguson of the 22nd, Ehrhart of the 36th, Rynders of the 152nd and Hill of the 21st:
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 change certain provisions relating to the substitution of generic drugs; to eliminate redundant language relating to the practice of medicine; to prohibit the substitution of anti-epileptic drugs except 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 128. By Representatives Smith of the 70th, Jones of the 46th, England of the 108th, Mosby of the 90th, Nix of the 69th and others:

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A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption 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.
Referred to the Committee on Ways & Means.
HB 129. By Representatives Tumlin of the 38th, Lane of the 167th, Morris of the 155th, Lindsey of the 54th and Knight of the 126th:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to repeal certain obsolete provisions relating to a tax amnesty program to be completed no later than December 31, 1992; to repeal certain obsolete provisions relating to a property tax amnesty program to be completed no later than December 31, 1994; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 130. By Representatives Hill of the 21st, Mills of the 25th, Meadows of the 5th, England of the 108th and Benton of the 31st:
A BILL to be entitled an Act to amend Article 34 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relative to protection from identity theft, so as to provide for security freezes; to provide for definitions; to provide for procedures for placing, removing, and temporarily lifting a security freeze; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Banks & Banking.
HB 131. By Representative Horne of the 71st:
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.

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HB 132. By Representatives Stephens of the 164th, Keen of the 179th, Carter of the 159th and Bryant of the 160th:
A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 52 of the Official Code of Georgia Annotated, relating to pilots of vessels generally, so as to change certain provisions relating to the numbers of pilots for certain ports; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Economic Development & Tourism.
HB 133. By Representatives Casas of the 103rd, Chambers of the 81st, Jamieson of the 28th and Cox of the 102nd:
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 certificated personnel in elementary and secondary education, so as to change certain provisions relating to salary increases for persons receiving certification from the National Board for Professional Teaching Standards; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 134. By Representatives England of the 108th, Heard of the 104th, Coan of the 101st and Benton of the 31st:
A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to bid bonds for public works bidding for local governments, so as to change certain provisions relating to cash in lieu of bid bonds and letters of credit; to change certain provisions relating to acceptable substitutes for bonds; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination.
HB 135. By Representatives England of the 108th, McCall of the 30th, Roberts of the 154th, Burns of the 157th, Maddox of the 172nd and others:
A BILL to be entitled an Act to amend Chapter 13 of Title 2 of the Official Code of Georgia Annotated, relating to commercial feeds, so as to change certain provisions relating to definitions relative to said chapter; to provide for laboratory certifications, applications, fees, requirements, reporting, and

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refusal or cancellation of certification; to change certain provisions relating to inspections authorized, receipt for samples, warrant, methods of sampling and analysis generally; to provide for inspections, sampling, analysis, and exemption; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 136. By Representatives Coan of the 101st, Shaw of the 176th, O`Neal of the 146th, Rogers of the 26th, Millar of the 79th and others:
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 137. By Representatives Teilhet of the 40th, Fludd of the 66th, Davis of the 122nd, Starr of the 78th, Marin of the 96th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions of the Department of Economic Development, so as to provide for the establishment of a grant program to support training and technical assistance for low-income microentrepreneurs; to provide for legislative findings; to provide for definitions; to provide for 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 Economic Development & Tourism.
HB 138. By Representatives Coan of the 101st, Shaw of the 176th, O`Neal of the 146th, Rogers of the 26th, Millar of the 79th and others:
A BILL to be entitled an Act to amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to provide for the rejection of construction contracts when contractors, subcontractors, low tier subcontractors, or materialmen do not provide required insurance coverage;

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to provide for the definitions of certain terms; to prohibit an owner, 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 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 139. By Representatives Willard of the 49th, Lindsey of the 54th, Lane of the 167th, Tumlin of the 38th, Oliver of the 83rd and others:
A BILL to be entitled an Act to amend Code Section 53-1-20 and Article 1 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating, respectively, to renouncing succession and to general provisions relative to descent and distribution, so as to correct a cross-reference; to provide for forfeiture of an intestate share of an estate under certain circumstances; to provide for definitions; to provide for notice of proceedings; to provide for an appointment of a guardian ad litem under certain circumstances; to provide for judicial proceedings and standard of proof; to change certain provisions relating to the rules of inheritance when a decedent dies without a will; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 140. By Representatives Willard of the 49th, Royal of the 171st and Geisinger of the 48th:
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 revise and change procedures and requirements regarding the renegotiation of distribution certificates; to change certain provisions regarding failure to file a new certificate; to change certain provisions regarding discontinuation of the tax; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 141. By Representative Hembree of the 67th:
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

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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 142. By Representative Hembree of the 67th:
A BILL to be entitled an Act to amend Code Section 27-1-28 of the Official Code of Georgia Annotated, relating to the taking of nongame species, so as to add nongame species which may be taken; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
HB 143. By Representatives Graves of the 12th, Day of the 163rd, Ehrhart of the 36th, Talton of the 145th, Teilhet of the 40th 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 prohibit certain employers from prohibiting employees from lawfully carrying and possessing firearms in locked motor vehicles; to provide for immunity for employers who allow employees to possess firearms in locked vehicles on the premises of such employer; to provide for civil remedies; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 144. By Representatives Reese of the 98th, Coan of the 101st, Lunsford of the 110th and Johnson of the 37th:
A BILL to be entitled an Act to amend Chapter 47 of Title 43 and Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to used motor vehicle and used motor vehicle parts dealers and registration and licensing of motor vehicles, respectively, so as to change certain exceptions concerning the sale or advertising of used motor vehicles displayed or parked on property and the practice of curbstoning; to provide criminal penalties for violations; 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 Regulated Industries.

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HB 145. By Representatives Coan of the 101st, Shaw of the 176th, Rogers of the 26th, Millar of the 79th and Lindsey of the 54th:
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.
HR 55. By Representatives Walker of the 107th and May of the 111th:
A RESOLUTION expressing support for local communities to boost family literacy and generate projects that offer support life-long learning from infancy; and for other purposes.
Referred to the Committee on Human Relations & Aging.
HR 56. By Representatives Heard of the 104th, England of the 108th, Hamilton of the 23rd, Knox of the 24th, Reese of the 98th and others:
A RESOLUTION to urge the United States Army Corps of Engineers to begin a study of the costs and effects of raising the full pool for Lake Lanier from 1,071 feet above sea level to 1,073 feet above sea level; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HR 57. By Representative McCall of the 30th:
A RESOLUTION authorizing the conveyance of certain state owned real property located in Elbert County, 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:

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HB 23 HB 93 HB 96 HB 97 HB 98 HB 99 HB 100 HB 101 HB 102 HB 103 HB 104 HB 105 HB 106

HB 107 HB 108 HB 109 HB 110 HB 111 HR 2 HR 45 HR 46 HR 47 HR 48 HR 49 HR 50 HR 51

The following Resolutions of the House were read and adopted:

HR 59. By Representatives England of the 108th and Benton of the 31st:

A RESOLUTION commending James "Jamee" William Thomas; and for other purposes.

HR 60. By Representatives Stephens of the 164th and Parrish of the 156th:

A RESOLUTION commending the tourism industry in Georgia and establishing January 30, 2007, as a time to recognize the vital role that the travel and tourism industry plays in Georgia's economic prosperity, and the quality of life for all Georgians hosting just over 62 million visitors; and for other purposes.

HR 61. By Representatives Teilhet of the 40th, Richardson of the 19th, Manning of the 32nd, Cooper of the 41st, Tumlin of the 38th and others:

A RESOLUTION remembering and honoring the life of Dr. Robert Alan Lipson; and for other purposes.

HR 62. By Representative Day of the 163rd:

A RESOLUTION commending the American Shore and Beach Preservation Association and congratulating the association on this, its 80th anniversary; and for other purposes.

HR 63. By Representatives Smith of the 129th, Nix of the 69th and Epps of the 128th:

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HR 64. HR 65. HR 66. HR 67. HR 68.
HR 69. HR 70. HR 71.

A RESOLUTION commending Police Chief David H. Kerr; and for other purposes.
By Representative Ehrhart of the 36th:
A RESOLUTION commending Mr. Skip Chesshire, Superior Court Administrator; and for other purposes.
By Representative Smith of the 113th:
A RESOLUTION commending Georgia Radio Reading Service; and for other purposes.
By Representatives Day of the 163rd, Talton of the 145th, Horne of the 71st, Kaiser of the 59th, Lewis of the 15th and others:
A RESOLUTION commending the firefighters of Georgia and observing the 35th annual Firefighters Recognition Day; and for other purposes.
By Representatives Forster of the 3rd, Dickson of the 6th, Burkhalter of the 50th, Scott of the 2nd, Richardson of the 19th and others:
A RESOLUTION commending Bobby Elrod; and for other purposes.
By Representatives Day of the 163rd, Horne of the 71st, Neal of the 1st, Black of the 174th and Gardner of the 57th:
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.
By Representative Jones of the 44th:
A RESOLUTION honoring and remembering the life of Mrs. Lillie B. Carson Reid; and for other purposes.
By Representative Burkhalter of the 50th:
A RESOLUTION celebrating the stupendous occasion of Everett Allen Glover's birth; and for other purposes.
By Representative Royal of the 171st:
A RESOLUTION expressing regret at the passing of Charles Mitchell "C.M." Stripling, Jr.; and for other purposes.

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HR 72. HR 73. HR 74. HR 75.
HR 76. HR 77. HR 78. HR 79.

By Representative Hill of the 21st:
A RESOLUTION commending Jacob Rudin; and for other purposes.
By Representatives Smith of the 113th and Coleman of the 97th:
A RESOLUTION commending Dr. Franklin Shumake; and for other purposes.
By Representatives Gardner of the 57th, Lindsey of the 54th, Wilkinson of the 52nd, Ashe of the 56th and Manning of the 32nd:
A RESOLUTION commending and congratulating Children's Healthcare of Atlanta; and for other purposes.
By Representatives Hugley of the 133rd, Smith of the 131st, Buckner of the 130th and Smith of the 129th:
A RESOLUTION commending Reverend Albert McCorvey, Sr. for his life of dedicated service to his church and recognizing him on the occasion of his retirement; and for other purposes.
By Representatives Hugley of the 133rd, Smith of the 131st, Buckner of the 130th and Smith of the 129th:
A RESOLUTION commending Judith Nail for an excellent career in arts education; and for other purposes.
By Representative Hill of the 21st:
A RESOLUTION commending Joshua Samuel Leonard; and for other purposes.
By Representatives Byrd of the 20th, Hill of the 21st, Hamilton of the 23rd and Jerguson of the 22nd:
A RESOLUTION commending Millicent Fox; and for other purposes.
By Representatives Smith of the 113th, Heard of the 114th and McKillip of the 115th:
A RESOLUTION recognizing and honoring Shelby Lacy for a lifetime of outstanding service in the field of nursing; and for other purposes.

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HR 80. HR 81. HR 82. HR 83. HR 84.
HR 85. HR 86. HR 87.

By Representatives Reece of the 11th, Manning of the 32nd, Dempsey of the 13th, Crawford of the 16th, Loudermilk of the 14th and others:
A RESOLUTION commending William Curt Cooper, Jr.; and for other purposes.
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 honoring and remembering the life of Walter T. Lunsford, Sr.; and for other purposes.
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 expressing regret at the passing of Captain Hayes Clayton, Jr.; and for other purposes.
By Representatives Collins of the 27th, Benton of the 31st, Rogers of the 26th and Mills of the 25th:
A RESOLUTION recognizing the North Hall High School Cross Country Team, the 2006 Class AAA State Champions; and for other purposes.
By Representatives Bridges of the 10th, Collins of the 27th and Jenkins of the 8th:
A RESOLUTION commending Rachel Caruso, Stephen David, Jordan Henderson, and Cameron Youngblood of White County for saving the life of their fellow student, Robbie Frye; and for other purposes.
By Representative Hill of the 21st:
A RESOLUTION commending Jared David Leonard; and for other purposes.
By Representative Hembree of the 67th:
A RESOLUTION declaring January 30, 2007, as "Technical College System of Georgia Day" in the State of Georgia; and for other purposes.
By Representatives Gardner of the 57th, Smith of the 70th, Burkhalter of the 50th, Buckner of the 130th, Thomas of the 100th and others:

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A RESOLUTION commending Georgia's sustainable and environmentally friendly businesses; and for other purposes.
The Speaker announced the House in recess until 11:30 o'clock this morning.
The Speaker called the House to order.
The hour of convening the Joint Session pursuant to HR 41 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.
Representative Keen of the 179th moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.
The Speaker 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.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Thursday, January 25, 2007

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:

Abrams Amerson Ashe Barnard Bearden Benton Bridges Bryant Buckner Burkhalter Burns Butler Byrd Carter, A Carter, B Casas Cheokas Cole Coleman Collins E Cooper Cox E Crawford, M Davis, H Davis, S E Day Dempsey Dickson

Drenner Dukes Ehrhart England Epps Everson Fleming Floyd, J Forster Franklin Frazier Freeman Gardner Geisinger Glanton Golick Gordon Graves Greene Hamilton Hanner Harbin Heard, J E Heard, K E Heckstall Hembree Hill, C

Holt E Horne
Houston Howard Hugley Jackson James Jamieson Jenkins Jerguson Johnson, C E Johnson, T Kaiser Keen Keown Knight Knox Lakly Lane, R Levitas Lewis Lord Loudermilk Maddox E Mangham Manning Martin

Maxwell May E McCall McKillip Meadows Millar Mills Mitchell E Morgan Mumford Murphy Neal Nix Oliver O'Neal Parham E Parrish Peake Porter Powell Pruett Ralston Reece Rice Roberts Rogers Royal

Rynders Scott, A Scott, M Sellier Shaw Sheldon Shipp Sims, B Sims, F Smith, B Smith, L Smith, R E Smith, T Smith, V Starr Stephens Talton Thomas, A.M Thomas, B Tumlin Watson Willard Williams, A Williams, E Williams, M 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, Black of the 174th, Brooks of the 63rd, Bruce of the 64th, Chambers of the 81st, Channell of the 116th, Coan of the 101st, Cooper of the 41st, Crawford of the 16th, Dollar of the 45th, Floyd of the 99th, Fludd of the 66th, Hatfield of the 177th, Henson of the 87th, Hill of the 180th, Horne of the 71st, Jacobs of the 80th, Jones of the 44th, Jordan of the 77th, Lane of the 158th, Lindsey of the 54th, Lucas of the 139th, Lunsford of the 110th, Marin of the 96th, Morris of the 155th, Mosby of the 90th, Parsons of the 42nd, Randall of the 138th, Reese of the 98th, Sailor of the 93rd, Setzler of the 35th, Sims of the 169th, Sinkfield of the 60th, Smyre of

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the 132nd, Stanley-Turner of the 53rd, Stephenson of the 92nd, Teilhet of the 40th, 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. Robert Jolly, First Baptist Church of Cumming, Cumming, Georgia.
The members pledged allegiance to the flag.
Representative Lakly of the 72nd, 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 16. By Representatives Golick of the 34th, Tumlin of the 38th, Lindsey of the 54th, Hatfield of the 177th, Jacobs of the 80th and others:
A BILL to be entitled an Act to amend Code Section 45-1-4 of the Official Code of Georgia Annotated, relating to complaints or information from public employees as to fraud, waste, and abuse in state programs and operations, so as to change certain definitions to include a broader list of

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employees, officials, and administrators who may be protected by the provisions of this Code section; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 146. By Representatives Buckner of the 130th, Jamieson of the 28th, Greene of the 149th, Reece of the 11th, Ashe of the 56th and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to provide for a service retirement upon the attainment of 29 years of creditable service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 147. By Representatives Mills of the 25th, Sheldon of the 105th, Fleming of the 117th, Coan of the 101st, Ralston of the 7th and others:
A BILL to be entitled an Act to provide a short title; to provide for legislative findings and purpose; to amend Chapter 9A of Title 31 of the O.C.G.A., relating to the 'Woman's Right to Know Act,' so as to require physicians or other qualified agents to require that pregnant females undergo an ultrasound or sonogram prior to having an abortion; to change certain provisions relating to voluntary and informed consent to abortions; to require certain information be made available by the Department of Human Resources; to change certain provisions relating to reporting requirements; to provide for civil causes of action; to amend Article 5 of Chapter 12 of Title 16 of the O.C.G.A., relating to abortion, to provide for criminal penalties for failure to comply with the "Woman's Right to Know Act"; to provide for construction; to provide for intervention; to provide for severability; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other
Referred to the Committee on Judiciary Non-Civil.
HB 148. By Representatives Burkhalter of the 50th and Smith of the 113th:
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 tangible property to or in construction or expansion of an aquarium for a limited

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period of time; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 149. By Representatives Brooks of the 63rd, Williams of the 165th, Hugley of the 133rd, Smyre of the 132nd, Holmes of the 61st and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to motor vehicles and traffic, so as to require policies that prohibit law enforcement officers from impermissibly using race or ethnicity in determining whether to stop a motorist; to require annual training of law enforcement officers on impermissible uses of race and ethnicity in stopping vehicles; to require law enforcement officers to document the race, ethnicity, and gender of a motorist and passengers; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 150. By Representatives Sims of the 169th, Barnard of the 166th and Day of the 163rd:
A BILL to be entitled an Act to amend Code Section 47-2-223 of the Official Code of Georgia Annotated, relating to retirement benefits under the Employees Retirement System of Georgia for those in service in the Uniform Division of the Department of Public Safety, so as to provide that certain members of such retirement system may elect to pay an additional employee contribution to such retirement system; to provide that any such person may retire at age 55 or after attaining at least 25 years of creditable service and receive an enhanced retirement benefit; to provide that any such election shall be irrevocable; to provide for persons in service on July 1, 2008; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 151. By Representative Lunsford of the 110th:
A BILL to be entitled an Act to amend Code Section 31-7-72 of the Official Code of Georgia Annotated, relating to the creation of hospital authority in each county and municipality, so as to provide that the General Assembly by local Act may change the manner of filling vacancies on certain hospital

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authorities; 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 152. By Representatives Lunsford of the 110th, Stephens of the 164th, Mills of the 25th, Coan of the 101st, Hembree of the 67th and others:
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 qualified students who complete a home study course and who score in the ninetieth percentile or higher on a standardized college admission test shall be eligible for the HOPE scholarship; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
HB 153. By Representatives Loudermilk of the 14th, Oliver of the 83rd, Lewis of the 15th, Franklin of the 43rd, Setzler of the 35th and others:
A BILL to be entitled an Act to amend Part 6 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the deprivation of juveniles, so as to provide certain requirements when placing children with the Division of Family and Children Services; to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to provide new definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 154. By Representatives Rice of the 51st, Hembree of the 67th, Mills of the 25th, Forster of the 3rd and Coleman of the 97th:
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 enact the "Intellectual Diversity in Higher Education Act"; to provide a short title; to provide legislative findings and intent; to require all institutions under the control of the Board of Regents of the University System of Georgia to submit annual reports to the General Assembly on their efforts toward intellectual diversity; to provide for the content of such reports; to provide for the posting of such reports on the

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institutions website; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
HB 155. By Representative Willard of the 49th:
A BILL to be entitled an Act to amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to permit the department to obtain criminal history background data on owners of personal care homes, private home care providers, and child welfare agencies; to provide for definitions; to provide for the establishment of a uniform method of obtaining criminal history background checks; to prohibit owners with certain criminal records from operating licensed facilities; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 156. By Representative Willard of the 49th:
A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the "Child Support Recovery Act," so as to authorize the Department of Human Resources to impose fees on child support collections; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 157. By Representatives Coleman of the 97th, Bridges of the 10th, Golick of the 34th, Brooks of the 63rd, Benton of the 31st and others:
A BILL to be entitled an Act to amend Code Section 47-3-127.1 of the Official Code of Georgia Annotated, relating to employment of a retired teacher as a full-time teacher or in other capacities, so as to provide that a teacher who retired on or before December 31, 2007, may return to full-time employment and continue to collect his or her full retirement benefit; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 158. By Representatives Willard of the 49th, Jacobs of the 80th, Oliver of the 83rd, Lane of the 167th and Everson of the 106th:

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A BILL to be entitled an Act to amend Chapter 7 of Title 19 the Official Code of Georgia Annotated, relating to parent and child relationship generally, so as to clarify methods of legitimation of a child; to change provisions relating to petitions for legitimation of a child; to provide the courts with the ability to order genetic testing upon its own order; to change certain provisions relating to voluntary acknowledgments of paternity; to amend Chapter 11 of Title 15, Chapter 8 of Title 19, Code Section 29-2-15, and Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to juvenile proceedings, adoption, notice of petition for appointment of permanent guardian, protest of father, and petition to legitimate, and descent and distribution, respectively, so as to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 159. By Representatives Willard of the 49th, Geisinger of the 48th, Lindsey of the 54th, Benfield of the 85th, Ashe of the 56th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to the state license requirements and regulations for the distribution and sale of wine, so as to provide for the direct shipment of certain quantities of wine to Georgia residents over the age of 21; to provide for the issuance of wine direct shipper licenses if certain requirements are met; to prohibit certain actions by wine direct shipper licensees; to provide for wine direct shipper license renewals; to provide for powers, duties, and authority of the state revenue commissioner; to provide for civil and criminal violations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 160. By Representatives Brooks of the 63rd, Benfield of the 85th, Williams of the 165th, Abdul-Salaam of the 74th, Thomas of the 55th 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

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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 impose certain penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 161. By Representatives Lunsford of the 110th, Yates of the 73rd, Ashe of the 56th, Royal of the 171st and Floyd of the 147th:
A BILL to be entitled an Act to amend Titles 32 and 48 of the Official Code of Georgia Annotated, relating, respectively, to highways, bridges, and ferries and revenue and taxation, so as to provide for an additional method of right of way acquisition by the Department of Transportation; to provide for income tax credits with respect to qualified right of way acquisition; to provide for definitions; to provide for conditions, limitations, and exclusions; to provide for authority of the state revenue commissioner and the Department of Transportation with respect to the foregoing; to provide for reassessment of property with respect to which a right of way has been acquired; 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 162. By Representatives Martin of the 47th, Burkhalter of the 50th and Jones of the 46th:
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 for a limited period of time with respect to sales of certain tangible personal property used in direct connection with the construction of a performing arts amphitheater 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.
Referred to the Committee on Ways & Means.
HB 163. By Representatives Tumlin of the 38th, Williams of the 165th, Wix of the 33rd, Franklin of the 43rd, Ehrhart of the 36th and others:
A BILL to be entitled an Act to amend Title 7 of the O.C.G.A., relating to banking and finance, so as to provide for licensing of persons who provide deferred presentment services; to provide for a short title; to define certain

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terms; to provide for licenses, qualifications, and application therefor; to provide for fees; to provide for limitations; to provide for consumer notices; to provide for rules and regulations; to provide for penalties and hearings; to provide for complaint investigation; to provide for annual reports; to amend Title 16 of the O.C.G.A., relating to crimes and offenses, so as to repeal Chapter 17, "Payday Lending"; to provide for related matters; to provide for severability; to provide for preemption; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Banks & Banking.
HB 164. By Representatives Scott of the 2nd, Neal of the 1st, Forster of the 3rd and Walker of the 107th:
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 165. By Representatives Scott of the 2nd and Graves of the 12th:
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.
HB 166. By Representatives Martin of the 47th and Chambers of the 81st:
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.

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HB 167. By Representative Mumford of the 95th:
A BILL to be entitled an Act to amend Code Section 17-6-15 of the Official Code of Georgia Annotated, relating to necessity for commitment where bail tendered and accepted, opportunity for bail, receipt of bail after commitment and imprisonment, imprisonment of person who offers bond for amount of bail set, and effect upon common-law authority of court, so as to change provisions relating to professional bonding companies being accepted as a surety by the sheriff and the conditions of accepting sureties; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 168. By Representatives Mumford of the 95th and Knox of the 24th:
A BILL to be entitled an Act to amend Code Section 15-11-21 of the Official Code of Georgia Annotated, relating to associate juvenile court judges, appointment and compensation, qualifications, conduct of hearings, and rehearing, so as to change the qualifications for an associate juvenile court judge; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 169. By Representatives Martin of the 47th, Chambers of the 81st, Royal of the 171st, Scott of the 2nd and Williams of the 4th:
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 exemptions with respect to certain donations of prepared food and beverages; 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.
HR 88. By Representative Graves of the 12th:
A RESOLUTION dedicating the SGT David Samuel Collins Memorial Interchange; and for other purposes.
Referred to the Committee on Transportation.

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

HB 9 HB 112 HB 113 HB 114 HB 115 HB 116 HB 117 HB 118 HB 119 HB 120 HB 121 HB 122 HB 123 HB 124 HB 125 HB 126 HB 127 HB 128 HB 129

HB 130 HB 131 HB 132 HB 133 HB 134 HB 135 HB 136 HB 137 HB 138 HB 139 HB 140 HB 141 HB 142 HB 143 HB 144 HB 145 HR 55 HR 56 HR 57

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 96 Do Pass

Respectfully submitted, /s/ Mills of the 25th
Chairman

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

Knox of the 24th, Holmes of the 61st, and Gardner of the 57th.

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The following Resolution of the House was read and referred to the Committee on Rules:
HR 89. By Representatives Beasley-Teague of the 65th, Stephenson of the 92nd, Manning of the 32nd, Chambers of the 81st, Sinkfield of the 60th and others:
A RESOLUTION recognizing and commending Geraldine Anne Ferraro and inviting her to appear before the House of Representatives; and for other purposes.
The Speaker Pro Tem assumed the Chair.
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 Pro Tem announced the House adjourned until 9:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Friday, January 26, 2007

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:

Abrams Amerson Ashe Bearden E Beasley-Teague Benton Bridges Brooks Bruce Bryant Buckner Burkhalter Burns Butler Byrd Carter, A Carter, B Casas Chambers Channell Coan Cole Collins Cooper Cox E Crawford, M Crawford, R Davis, H Davis, S Day

Dempsey Dickson E Dollar Drenner Ehrhart England Epps Everson Fleming Floyd, J E Forster Franklin Frazier Freeman Gardner Glanton Golick Gordon Graves Greene Hamilton Hanner E Harbin Heard, J E Heard, K E Heckstall Hembree Hill, C E Hill, C.A Holmes

Holt Horne E Houston Howard Hugley Jacobs Jamieson Jenkins Jerguson Johnson, C E Johnson, T Jones, J Jones, S Kaiser Keen Keown Knight Knox Lakly Lane, B Lane, R Levitas Lewis Lindsey Lord Loudermilk Lucas Maddox Mangham

Manning Marin Martin Maxwell McCall McKillip Meadows Mills E Morgan Mosby Mumford Murphy Neal Nix Oliver O'Neal Parham Parrish Parsons Peake Porter Powell Pruett Ralston Randall Reece Reese Rice Roberts

Rogers Royal Rynders Scott, A Scott, M E Sellier Setzler Sheldon Sims, B E Sims, F Smith, B Smith, L Smith, R E Smith, T Smith, V Starr Stephens Talton Teilhet Thomas, B Tumlin Walker Wilkinson Willard Williams, A E Williams, E Williams, M 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, Benfield of the 85th, Black of the 174th, Cheokas of the 134th, Coleman of the 97th, Dukes of the 150th, Floyd of the 99th, Fludd of the 66th, Geisinger of the 48th, Hatfield of the 177th, Heard of the 114th, Heckstall of the 62nd, Henson of the 87th, Hudson of the 124th, Jackson of the 161st, James of the 135th, Jordan of the 77th, Lunsford of the 110th, May of the 111th, Millar of the 79th, Mitchell of the 88th, Morgan of the 39th, Morris of the 155th, Sailor of the 93rd, Shipp of the 58th, Sims of the 169th, Sinkfield of the 60th, Stanley-Turner of the 53rd, Stephenson

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of the 92nd, Thomas of the 55th, Watson of the 91st, Wix of the 33rd, and Yates of the 73rd.
They wish to be recorded as present.
Prayer was offered by Reverend Richard Walker, Macland Baptist Church, Powder Springs, Georgia.
The members pledged allegiance to the flag.
Representative Lakly of the 72nd, 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 170. By Representatives Beasley-Teague of the 65th, Brooks of the 63rd, Lucas of the 139th and Epps of the 128th:
A BILL to be entitled an Act to amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Employees Retirement System of Georgia, so as to provide that any person eligible to obtain creditable service for prior

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service as a temporary full-time employee may obtain additional creditable service as a temporary full-time or part-time employee; to provide a method for determining an apportionment of creditable service for days worked; to provide for application and payment of contributions; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 171. By Representative Rice of the 51st:
A BILL to be entitled an Act to amend Code Sections 40-3-36 and 43-43-3 of the Official Code of Georgia Annotated, relating to certificates of title for scrap motor vehicles, so as to authorize the use of a statement of the vehicle owner who does not have a valid title upon the sale of such vehicle; to prescribe conditions for use of the statement; to authorize the Department of Revenue to promulgate such statement; 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 172. By Representatives Willard of the 49th, Knox of the 24th, Jacobs of the 80th and Coan of the 101st:
A BILL to be entitled an Act to amend Code Section 10-5-2 of the Official Code of Georgia Annotated, relating to definitions and rules of construction of the "Georgia Securities Act of 1973," so as to provide for changes to the terms "securities" and "viatical investment" for purposes of clarification and to conform to federal standards; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 173. By Representatives Holmes of the 61st, Bruce of the 64th, Brooks of the 63rd, Williams of the 89th, Stanley-Turner of the 53rd and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to authorize the imposition of a 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,

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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 174. By Representatives Walker of the 107th, Oliver of the 83rd, Cooper of the 41st, Benfield of the 85th, Watson of the 91st and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, so as to prohibit the use of cellular, hands-free, or mobile telephones by holders of instruction permits and Class D licenses; to add a points penalty for the unlawful use of cellular, hands-free, or mobile telephones by holders of instruction permits and Class D licenses; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 175. By Representatives Scott of the 2nd, Lindsey of the 54th, Martin of the 47th, Neal of the 1st, Franklin of the 43rd and others:
A BILL to be entitled an Act to amend Code Section 48-7-20 of the Official Code of Georgia Annotated, relating to individual income tax rates and tax tables, so as to provide for annual adjustments with respect to the taxable net income brackets; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide a short title; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 176. By Representatives Scott of the 2nd, Loudermilk of the 14th, Neal of the 1st, Setzler of the 35th, Franklin of the 43rd 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 for a gradual reduction in the state income tax rate for corporations over a period of years; to abolish the state income tax for corporations effective for tax years beginning on or after January 1, 2010; to provide for the collection of income taxes prior to such abolishment; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Ways & Means.
HB 177. By Representatives Scott of the 2nd, Loudermilk of the 14th, Neal of the 1st and Franklin of the 43rd:
A BILL to be entitled an Act to amend Code Section 12-3-621 of the Official Code of Georgia Annotated, relating to protection and regulation of archeological, aboriginal, prehistoric, or historic sites, so as to change the type and manner of notice required to be given to the state archeologist prior to investigating such sites or seeking to recover artifacts; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 178. By Representatives Scott of the 2nd, Graves of the 12th, Lindsey of the 54th, Stephens of the 164th, Williams of the 4th 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.
Referred to the Committee on Ways & Means.
HB 179. By Representatives Mumford of the 95th, Holt of the 112th, Walker of the 107th, Lunsford of the 110th and May of the 111th:
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 180. By Representatives Rogers of the 26th, Smith of the 113th, Harbin of the 118th, Burkhalter of the 50th and Stephens of the 164th:

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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 Health & Human Services.
HB 181. By Representatives Jacobs of the 80th, Millar of the 79th, Chambers of the 81st, Levitas of the 82nd, Oliver of the 83rd and others:
A BILL to be entitled an Act to amend Chapter 75 of Title 36 of the Official Code of Georgia Annotated, relating to war on terrorism local assistance, so as to provide for limitations with respect to the creation, activation, and activities of public safety and judicial facilities authorities and joint public safety and judicial facilities authorities; to provide for legislative intent; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 182. By Representatives Martin of the 47th, Royal of the 171st, Scott of the 2nd and Williams of the 4th:
A BILL to be entitled an Act to amend Code Section 48-5-274 of the Official Code of Georgia Annotated, relating to the establishment of the equalized adjusted property tax digest, so as to provide that positive tax allocation increments shall not be used in calculating certain tax digest amounts; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HR 90. By Representatives Holmes of the 61st, Brooks of the 63rd, Johnson of the 75th, Williams of the 89th, Stanley-Turner of the 53rd and others:
A RESOLUTION urging the Congress of the United States to amend Title XXI of the Social Security Act to remove exclusions which prohibit enrollment of children of public employees in the PeachCare for Kids Program created under Code Section 49-5-273 of the O.C.G.A.; and for other purposes.

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Referred to the Committee on Children & Youth.

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

HB 16 HB 146 HB 147 HB 148 HB 149 HB 150 HB 151 HB 152 HB 153 HB 154 HB 155 HB 156 HB 157

HB 158 HB 159 HB 160 HB 161 HB 162 HB 163 HB 164 HB 165 HB 166 HB 167 HB 168 HB 169 HR 88

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 132 Do Pass HR 50 Do Pass

Respectfully submitted, /s/ Stephens of the 164th
Chairman

Representative Barnard of the 166th District, Chairman of the Committee on State Institutions and Property, submitted the following report:

Mr. Speaker:

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

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HR 16 HR 21

Do Pass 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 passed by the requisite constitutional majority the following bills of the Senate:

SB 11. By Senators Shafer of the 48th, Douglas of the 17th, Harp of the 29th, Wiles of the 37th, Reed of the 35th and others:

A BILL to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide that judges of superior and state courts who are performing ordered military duty may continue in office and be eligible for reelection during such duty; to provide for qualifying for election by mail, messenger, or agent during such duty; to provide that performing ordered military duty shall be a basis for requesting assistance from other courts; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 18. By Senators Harp of the 29th and Harbison of the 15th:

A BILL to be entitled an Act to amend Chapter 23 of Title 15 of the Official Code of Georgia Annotated, relating to court-connected alternative dispute resolution, so as to add municipal courts to the list of courts that may charge additional filing fees for civil actions and cases filed to fund alternative dispute programs; to change the composition of the Board of Trustees of County Fund for the Administration of Alternative Dispute Programs; to include cities within the chapter; to provide for related matters; 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 11.

By Senators Shafer of the 48th, Douglas of the 17th, Harp of the 29th, Wiles of the 37th, Reed of the 35th and others:

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A BILL to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide that judges of superior and state courts who are performing ordered military duty may continue in office and be eligible for reelection during such duty; to provide for qualifying for election by mail, messenger, or agent during such duty; to provide that performing ordered military duty shall be a basis for requesting assistance from other courts; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 18. By Senators Harp of the 29th and Harbison of the 15th:
A BILL to be entitled an Act to amend Chapter 23 of Title 15 of the Official Code of Georgia Annotated, relating to court-connected alternative dispute resolution, so as to add municipal courts to the list of courts that may charge additional filing fees for civil actions and cases filed to fund alternative dispute programs; to change the composition of the Board of Trustees of County Fund for the Administration of Alternative Dispute Programs; to include cities within the chapter; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
The following member was recognized during the period of Morning Orders and addressed the House:
Lindsey of the 54th.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 91. By Representative Knox of the 24th:
A RESOLUTION recognizing and commending the Georgia Associations of Health Underwriters and their nine local chapters and inviting them to appear before the House of Representatives; and for other purposes.
HR 92. By Representative Floyd of the 147th:
A RESOLUTION recognizing February 1, 2007, as "Forestry Day at the Capitol" and inviting certain officials of the Georgia Forestry Association to appear before the House of Representatives; and for other purposes.

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201

HR 93. By Representative Freeman of the 140th:
A RESOLUTION commending musician and conservationist Chuck Leavell and inviting him to appear before the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 94. By Representatives Harbin of the 118th, Fleming of the 117th and Sims of the 119th:
A RESOLUTION congratulating the Columbia County 11 and 12 year old All Star Team on winning the 2006 Dixie Youth Baseball "O" Zone World Series; and for other purposes.
HR 95. By Representative Levitas of the 82nd:
A RESOLUTION recognizing and commending Atlanta Fixture & Sales Company, Inc.; and for other purposes.
HR 96. By Representatives Beasley-Teague of the 65th, Brooks of the 63rd, Lucas of the 139th and Epps of the 128th:
A RESOLUTION expressing regret at the passing of Mrs. Jeanette "Buddy" Reynolds Hall; and for other purposes.
HR 97. By Representative Greene of the 149th:
A RESOLUTION honoring Richard Alvin Lee on the occasion of his retirement; and for other purposes.
HR 98. By Representatives Brooks of the 63rd and Bearden of the 68th:
A RESOLUTION expressing regret at the passing of Dorothy Carter Ross; and for other purposes.
HR 99. By Representatives Beasley-Teague of the 65th, Brooks of the 63rd, Lucas of the 139th and Epps of the 128th:
A RESOLUTION commending Xechem International, Inc.; and for other purposes.
HR 100. By Representatives Jerguson of the 22nd and Collins of the 27th:
A RESOLUTION recognizing and commending Max Pinion; and for other purposes.

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HR 101. By Representative Smith of the 113th:
A RESOLUTION commending Mr. John Davis and the patriots of the Davis family; 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 29, 2007, 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 29, 2007.

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203

Representative Hall, Atlanta, Georgia

Monday, January 29, 2007

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 Abrams
Amerson Ashe Bearden E Beasley-Teague Benton Black Bridges Brooks E Bryant Buckner Burkhalter Butler Byrd Carter, A Carter, B Casas Chambers Channell Coan Cole Coleman Collins Cooper Cox E Crawford, M Crawford, R Davis, H Davis, S Day

Dempsey Dickson E Dollar Drenner Ehrhart England Everson Fleming Forster Franklin Frazier Freeman Gardner Geisinger Glanton Golick Gordon Greene Hamilton Hanner E Harbin Hatfield Heard, J E Heard, K Heckstall Hembree Hill, C Hill, C.A Holmes Holt

Horne Houston Howard E Hudson Hugley Jacobs James Jamieson Jenkins Jerguson Johnson, C Johnson, T Jones, J Jones, S Kaiser Keen Keown Knight Knox Lakly Lane, B Lane, R Levitas Lewis Lindsey Lord Loudermilk Lucas Lunsford Maddox

Manning Martin Maxwell May McCall McKillip E Meadows Millar Mills Mitchell Morris Mosby Mumford Murphy Neal Nix Oliver Parrish Parsons Peake Porter Pruett Ralston Randall Reese Rice Roberts Royal Rynders Scott, A

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

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

Representatives Abrams of the 84th, Barnard of the 166th, Beasley-Teague of the 65th, Benfield of the 85th, Bruce of the 64th, Burns of the 157th, Cheokas of the 134th, Dollar of the 45th, Dukes of the 150th, Epps of the 128th, Floyd of the 147th, Floyd of the 99th, Fludd of the 66th, Graves of the 12th, Harbin of the 118th, Henson of the 87th, Jackson of the 161st, Jordan of the 77th, Mangham of the 94th, Marin of the 96th, Morgan of the 39th, O`Neal of the 146th, Parham of the 141st, Powell of the 29th, Reece

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of the 11th, Rogers of the 26th, Sailor of the 93rd, Sims of the 169th, and Thomas of the 55th.
They wish to be recorded as present.
Prayer was offered by Reverend Bob Rogers, First Baptist Church of Rincon, Rincon, Georgia.
The members pledged allegiance to the flag.
Representative Lakly of the 72nd, 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 183. By Representatives Benton of the 31st and Powell of the 29th:
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

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vehicles, inspections, and fees; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 184. By Representatives Benton of the 31st and Powell of the 29th:
A BILL to be entitled an Act to amend Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions relative to the "Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers Registration Act," so as to change the definition of a certain term; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 185. By Representatives Fleming of the 117th, Talton of the 145th, Everson of the 106th, Bearden of the 68th, Keen of the 179th and others:
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 in some circumstances and nine jurors in other circumstances; to change provisions relating to the requirement of a jury finding of aggravating circumstance and recommending the death penalty; 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 186. By Representatives Cole of the 125th, O`Neal of the 146th, Smith of the 129th, Golick of the 34th, Maddox of the 172nd 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 a five-year exemption regarding the sale of tangible personal property to, or used in or for the construction of, a new alternative fuel facility dedicated exclusively to the processing and production of ethanol, biodiesel, and butanol; to provide for definitions; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Ways & Means.
HB 187. By Representatives Scott of the 2nd, Royal of the 171st, Greene of the 149th, Martin of the 47th, Parsons of the 42nd and others:
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 tax for educational purposes, so as authorize certain expenditures; to provide for the payment of expenses related to elections; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 188. By Representatives Rynders of the 152nd, Manning of the 32nd, Walker of the 107th, Ralston of the 7th, Willard of the 49th 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 for an exemption for a primary caregiver of a person aged six or older with physical or cognitive limitations; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 189. By Representatives Smith of the 131st, Smith of the 129th, Scott of the 2nd, Hanner of the 148th, Buckner of the 130th 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 change certain provisions regarding the exemption with respect to sales of certain tangible personal property for construction of a national infantry museum and heritage park facility; to extend the limited duration thereof; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HR 102. By Representatives O`Neal of the 146th, Talton of the 145th, Smith of the 70th and Everson of the 106th:
A RESOLUTION compensating Mr. Robert Clark and providing for a state income tax exclusion with respect to such compensation; and for other purposes.

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Referred to the Committee on Appropriations.

HR 103. By Representative Mitchell of the 88th:

A RESOLUTION compensating Ms. Brandy Brown Rhodes, administrator for the estate of Phyllis Oliver Brown and late wife of Sheriff Derwin Brown; and for other purposes.

Referred to the Committee on Appropriations.

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

HB 170 HB 171 HB 172 HB 173 HB 174 HB 175 HB 176 HB 177

HB 178 HB 179 HB 180 HB 181 HB 182 HR 90 SB 11 SB 18

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 has instructed me to report the same back to the House with the following recommendations:

HB 98 HR 46

Do Pass 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 44 HR 92

Do Pass, by Substitute Do Pass

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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 15. By Senators Wiles of the 37th, Rogers of the 21st, Mullis of the 53rd and Hill of the 32nd:
A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, so as to change certain provisions relating to driver's license requirement, surrender of prior licenses, and prohibition of local licenses; to change certain provisions relating to driving while license suspended or revoked; to specify punishments for driving without being licensed; to amend Code Section 42-4-14 of the Official Code of Georgia Annotated, relating to determination of nationality of person charged with felony or driving under the influence and confined in a jail facility, so as to provide for determination of nationality of person convicted of driving without being licensed; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 19. By Senators Whitehead, Sr. of the 24th, Williams of the 19th, Goggans of the 7th, Chance of the 16th, Hill of the 4th and others:
A BILL to be entitled an Act to amend Code Section 32-6-170 of the O.C.G.A., relating to the authority of the Department of Transportation to pay costs of removal, relocation, or adjustment of certain utility facilities necessitated by construction of public roads, so as to allow the payment of the costs of certain facilities where the cost is in the public interest and the work is performed by the department's contractor; to amend Code Section 32-6-171 of the O.C.G.A, relating to the authority of the department to order the removal, relocation, or adjustment of utility facilities occupying any part of the public road system, so as to provide that a utility that fails to remove, relocate, or adjust a facility in a timely manner shall be responsible for failure to comply; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 24. By Senators Staton of the 18th, Shafer of the 48th, Chance of the 16th, Carter of the 13th, Rogers of the 21st 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

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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.

The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:

SR 49. By Senators Pearson of the 51st, Mullis of the 53rd and Heath of the 31st:

A RESOLUTION urging the United States Department of Justice to oppose the proposed unsolicited takeover of Delta Air Lines; and for other purposes.

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

SB 15.

By Senators Wiles of the 37th, Rogers of the 21st, Mullis of the 53rd and Hill of the 32nd:

A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, so as to change certain provisions relating to driver's license requirement, surrender of prior licenses, and prohibition of local licenses; to change certain provisions relating to driving while license suspended or revoked; to specify punishments for driving without being licensed; to amend Code Section 424-14 of the Official Code of Georgia Annotated, relating to determination of nationality of person charged with felony or driving under the influence and confined in a jail facility, so as to provide for determination of nationality of person convicted of driving without being licensed; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 19.

By Senators Whitehead, Sr. of the 24th, Williams of the 19th, Goggans of the 7th, Chance of the 16th, Hill of the 4th and others:

A BILL to be entitled an Act to amend Code Section 32-6-170 of the O.C.G.A., relating to the authority of the Department of Transportation to pay costs of removal, relocation, or adjustment of certain utility facilities necessitated by construction of public roads, so as to allow the payment of the costs of certain facilities where the cost is in the public interest and the

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work is performed by the department's contractor; to amend Code Section 32-6-171 of the O.C.G.A, relating to the authority of the department to order the removal, relocation, or adjustment of utility facilities occupying any part of the public road system, so as to provide that a utility that fails to remove, relocate, or adjust a facility in a timely manner shall be responsible for failure to comply; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Transportation.

SB 24.

By Senators Staton of the 18th, Shafer of the 48th, Chance of the 16th, Carter of the 13th, Rogers of the 21st 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.

SR 49. By Senators Pearson of the 51st, Mullis of the 53rd and Heath of the 31st:

A RESOLUTION urging the United States Department of Justice to oppose the proposed unsolicited takeover of Delta Air Lines; 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:

McCall of the 30th, Morgan of the 39th, and Carter of the 159th.

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

HR 44. By Representatives Burkhalter of the 50th, Stephens of the 164th, Smith of the 113th and Parrish of the 156th:

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A RESOLUTION recognizing and commending Mr. Phillip Jennings III and inviting him to appear before the House of Representatives; and for other purposes.
The following substitute, offered by the Committee on Rules, was read and adopted:
A RESOLUTION
Recognizing and commending Mr. Phillip Jennings III and inviting him to appear before the House of Representatives; and for other purposes.
WHEREAS, Phillip Jennings III, a 1979 graduate of East Georgia College and a 1981 graduate of the University of Georgia, is owner and president of the state's largest producer of certified turfgrasses and the world's largest exporter of turfgrass with markets in 30 different nations around the globe; and
WHEREAS, Phillip Jennings Turf Farms began in 1998 with only 150 acres of turfgrass and a staff of five employees, but has since added farms in Treutlen, Emanuel, Washington, and Toombs Counties, growing to the size of 3,500 acres and becoming the largest employer in Treutlen County; and
WHEREAS, Jennings Turf produces 18 varieties of quality grass for golf courses, athletic fields, businesses, and residential landscaping, is the exclusive sod supplier for Home Depot and Pike Family Nurseries in the Southeastern United States, and was the proud supplier for Super Bowl XXXIX and Super Bowl XLI; and
WHEREAS, the company is a national leader in agricultural research, as it has worked with the University of Georgia to grow a number of "Sea Isle" grasses engineered for saltwater environments and has recently signed an agreement with Mississippi State University concerning patents on grass grown in a medium without soil; and
WHEREAS, in less than ten years, Jennings Turf has become an impressive force of prosperity for the State of Georgia through its dedication to a quality product, improved agricultural techniques, and sustained commitment to the employees within its care.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body recognize and commend Phillip Jennings III for his outstanding performance in the management and development of turfgrass farming and for his significant contributions to the State of Georgia.
BE IT FURTHER RESOLVED that Mr. Phillip Jennings III is hereby invited to appear before the House of Representatives at a date and time to be fixed by the Speaker of the

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House for the purposes of being recognized by the House and receiving an appropriate copy of this resolution.
The Resolution was adopted, by Substitute.
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 92. By Representative Floyd of the 147th:
A RESOLUTION recognizing February 1, 2007, as "Forestry Day at the Capitol" and inviting certain officials of the Georgia Forestry Association 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 104. By Representatives Starr of the 78th, Abdul-Salaam of the 74th, Glanton of the 76th, Ehrhart of the 36th, Johnson of the 75th and others:
A RESOLUTION commending and congratulating quarterback Donald Eugene "D.J." Shockley, Jr., and inviting him to appear before the House of Representatives; and for other purposes.
HR 105. By Representative Maddox of the 172nd:
A RESOLUTION commending Georgia veterinarians and inviting certain distinguished leaders of veterinary medicine in the state to appear before the House of Representatives; and for other purposes.
HR 120. By Representatives Coleman of the 97th, Reese of the 98th and Coan of the 101st:
A RESOLUTION inviting the coaches and players of the Peachtree Ridge High School Lions football team to appear before the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 106. By Representatives Rogers of the 26th, Collins of the 27th and Benton of the 31st:

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A RESOLUTION congratulating educator Dr. Vickie Tribble for becoming assistant principal of the year; and for other purposes.
HR 107. By Representatives Rogers of the 26th, Mills of the 25th, Collins of the 27th and Benton of the 31st:
A RESOLUTION honoring the memory of B. V. White and expressing regret at his passing; and for other purposes.
HR 108. By Representatives Rogers of the 26th, Mills of the 25th and Collins of the 27th:
A RESOLUTION honoring and remembering the great life and spirit of Mrs. Marilyn Murphy Ellison; and for other purposes.
HR 109. By Representatives Rogers of the 26th, Mills of the 25th, Collins of the 27th and Benton of the 31st:
A RESOLUTION honoring the memory of Johnny Michael Mincey and expressing regret at his passing; and for other purposes.
HR 110. By Representatives Rogers of the 26th, Mills of the 25th, Collins of the 27th and Benton of the 31st:
A RESOLUTION commending and congratulating Jill Goforth on her appointment as the principal of New Holland Elementary School; and for other purposes.
HR 111. By Representatives Rogers of the 26th, Mills of the 25th, Collins of the 27th and Benton of the 31st:
A RESOLUTION honoring the memory of Mr. J. Wendell Lancaster and expressing regret at his passing; and for other purposes.
HR 112. By Representatives Rogers of the 26th, Mills of the 25th, Collins of the 27th and Benton of the 31st:
A RESOLUTION expressing regret at the passing of David Oliver Baird; and for other purposes.
HR 113. By Representatives Rogers of the 26th, Mills of the 25th, Collins of the 27th, Benton of the 31st and Jenkins of the 8th:

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A RESOLUTION honoring the memory of Virginia Parks Souther and expressing regret at her passing; and for other purposes.
HR 114. By Representatives Rogers of the 26th, Mills of the 25th, Collins of the 27th and Benton of the 31st:
A RESOLUTION honoring the memory of Mr. John Paul Souther and expressing regret at his passing; and for other purposes.
HR 115. By Representatives Rogers of the 26th, Mills of the 25th, Collins of the 27th and Benton of the 31st:
A RESOLUTION remembering and honoring the life of Dr. Samuel O. Poole; and for other purposes.
HR 116. By Representative Lakly of the 72nd:
A RESOLUTION recognizing and honoring Kenneth Babcock; and for other purposes.
HR 117. By Representatives Stephens of the 164th, Sheldon of the 105th, Channell of the 116th, Hugley of the 133rd, Gardner of the 57th and others:
A RESOLUTION recognizing February 1, 2007, as "Community Health Centers Day"; and for other purposes.
HR 118. By Representatives Rogers of the 26th, Mills of the 25th, Collins of the 27th and Benton of the 31st:
A RESOLUTION expressing regret at the passing of Kenneth O. "Ken" Porter; and for other purposes.
HR 119. By Representatives Rogers of the 26th, Mills of the 25th, Collins of the 27th and Benton of the 31st:
A RESOLUTION remembering and honoring the life of Mrs. Ester Reed; and for other purposes.
Representative Keen of the 179th moved that the House do now adjourn until 3:00 o'clock, tomorrow afternoon, and the motion prevailed.
The Speaker announced the House adjourned until 3:00 o'clock, tomorrow afternoon.

TUESDAY, JANUARY 30, 2007

215

Representative Hall, Atlanta, Georgia

Tuesday, January 30, 2007

The House met pursuant to adjournment at 3:00 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 Abrams Ashe Barnard Bearden E Beasley-Teague Benton Bridges Brooks Bruce Bryant Buckner Burkhalter Burns Byrd Carter, A Carter, B Casas Chambers Channell Cheokas Coan Cole Coleman Collins Cooper Cox Crawford, M Crawford, R Davis, H Davis, S Day Dempsey

Dickson Drenner Ehrhart England E Epps Everson Fleming Floyd, H Floyd, J Forster Franklin Frazier Freeman Gardner Geisinger Glanton E Golick Gordon Graves Greene Hamilton Hanner Harbin Hatfield Heard, J Heard, K Heckstall Hembree Henson Hill, C Hill, C.A Holmes

Holt Horne Houston Howard Hudson Hugley Jackson Jacobs Jamieson Jenkins Jerguson Johnson, C Johnson, T Jones, J Jones, S Jordan Kaiser Keen Keown Knight Knox Lakly Lane, B Lane, R Levitas Lewis Lindsey Lord Loudermilk Lucas Lunsford Maddox

Manning Marin Martin Maxwell May McCall McKillip Meadows E Millar Mills Mitchell Mosby Mumford Murphy Neal Nix Oliver O'Neal Parham Parrish Parsons Peake E Pruett Ralston Randall Reece Reese Rice Roberts Rogers Royal Rynders

Scott, A Scott, M Sellier Setzler Shaw Sheldon Shipp Sims, B Sims, F Sinkfield Smith, B Smith, L Smith, R Smith, T Smith, V Starr Stephens Talton Teilhet Thomas, A.M Thomas, B Tumlin Walker Watson Wilkinson Williams, A Williams, E Williams, M 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, Benfield of the 85th, Black of the 174th, Butler of the 18th, Dollar of the 45th, Dukes of the 150th, Fludd of the 66th, James of the 135th, Mangham of the 94th, Morgan of the 39th, Porter of the 143rd, Powell of the 29th, Sims of the 169th, Smyre of the 132nd, Stanley-Turner of the 53rd, Stephenson of the 92nd, and Willard of the 49th.

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They wish to be recorded as present.
Prayer was offered by Pastor Dallas C. Wilson, Center of Hope Ministries, Riverdale, Georgia.
The members pledged allegiance to the flag.
Representative Lakly of the 72nd, 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 17. By Representative Golick of the 34th:
A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide that persons entering into motor vehicle leases which contain a requirement that the person shall maintain certain levels of insurance coverage on such vehicle during the lease shall receive notice of such requirements prior to executing the lease documents; to provide for the language of such notice; to provide for consequences of failing to provide

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such notice; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 190. By Representative Royal of the 171st:
A BILL to be entitled an Act to amend an Act creating the State Court of Mitchell County (formerly the City Court of Camilla), approved August 17, 1905 (Ga. L. 1905, p. 184), as amended, so as to provide that the judge shall be a full-time judge for said court; to provide for qualifications of the judge; to change the provisions relating to the compensation of the judge; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 191. By Representatives Royal of the 171st, Rynders of the 152nd and Houston of the 170th:
A BILL to be entitled an Act to amend an Act relating to the Board of Education of Colquitt County, approved March 12, 1970 (Ga. L. 1970, p. 2582), as amended, so as to provide for the election of members of the Board of Education of Colquitt County in nonpartisan elections; to provide for applicability; 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 Intragovernmental Coordination.
HB 192. By Representatives Smith of the 129th, Everson of the 106th, Rogers of the 26th and Loudermilk of the 14th:
A BILL to be entitled an Act to amend Code Section 32-2-61 of the O.C.G.A.,, relating to limitations on the Department of Transportation's power to contract, so as to provide for an increase in the amount for which the department may execute a negotiated contract; to amend Code Section 32-2-70 of the O.C.G.A., relating to bonds to be posted by successful bidders on department contracts, so as to increase the amount of the contract that requires such bonds; to amend Code Section 32-4-63 of the O.C.G.A., relating to limitations on a county's power to contract, so as to provide for an increase in the amount for which a county may execute a negotiated contract; to amend Code Section 32-4-67 of the O.C.G.A., relating to the proposal guaranty by the bidder on a county contract, so as to exempt contracts for

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engineering or other professional services from the guaranty; 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 193. By Representatives Burkhalter of the 50th, Ehrhart of the 36th and Harbin of the 118th:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to provide for 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 194. By Representatives Burkhalter of the 50th, Ehrhart of the 36th, Harbin of the 118th and Abdul-Salaam of the 74th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding state income taxation, so as to change certain provisions regarding income tax credits for employers providing approved retraining programs; to provide for a definition; 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 195. By Representatives Golick of the 34th, O`Neal of the 146th, Cole of the 125th, Smith of the 129th, Dempsey of the 13th 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 amend the amounts of retirement income excludable from Georgia taxable net income; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.

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HB 196. By Representatives Smith of the 113th, Roberts of the 154th and Rogers of the 26th:
A BILL to be entitled an Act to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, so as to require that consumer reporting agencies automatically provide a consumer the identical report provided to a potential creditor who makes an inquiry concerning the consumer's file with such agency; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 197. By Representatives Fleming of the 117th, Lindsey of the 54th and Hatfield of the 177th:
A BILL to be entitled an Act to amend Article 1 of Chapter 10 of Title 17 of the O.C.G.A., relating to the procedure for sentencing and imposition of punishment, so as to repeal provisions allowing review of sentences of imprisonment for a period exceeding 12 years by a three-judge panel, to provide for the disposition of cases currently under review or in the pipeline for review, to provide duties and responsibilities of the president of The Council of Superior Court Judges of Georgia with respect to abolishing the three-judge panel; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees in superior court, so as to correct a crossreference; 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 198. By Representatives Casas of the 103rd, Stephens of the 164th, Cox of the 102nd, Scott of the 2nd and Horne of the 71st:
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 businesses engaged in biotechnology or new or expanding businesses incurring qualified research expenses; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for transfer of such credits; to provide for powers, duties, and authority of the state revenue commissioner, the Department of Revenue, and the Department of Economic Development with respect to the foregoing; to provide an

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effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 199. By Representatives Casas of the 103rd, May of the 111th, Butler of the 18th, Scott of the 2nd and Graves of the 12th:
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, so as to enact the "Georgia Scholarships for Students with Disabilities Act"; to provide for a short title; to provide for objectives; to provide for definitions; to provide for school system obligations; to provide for scholarship eligibility requirements; to provide for private school eligibility; to provide for obligations of scholarship recipients; to provide for funding and payment; to provide for limited liability; to provide for rules and regulations; to provide for legislative oversight; 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 Education.
HB 200. By Representatives Geisinger of the 48th, Lindsey of the 54th, Hill of the 21st, Rice of the 51st, Millar of the 79th and others:
A BILL to be entitled an Act to amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to horns, exhaust systems, mirrors, windshields, tires, safety belts, and energy absorption systems, so as to eliminate certain exceptions to the required use of safety belts; to provide that the failure to use such safety belts may be evidence of causation, negligence, and contributory negligence; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 201. 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 millage rate, and

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advertisement of intent to increase property tax; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 202. By Representatives Harbin of the 118th, Fleming of the 117th and Sims of the 119th:
A BILL to be entitled an Act to amend Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for public works, 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.
Referred to the Committee on Transportation.
HB 203. By Representatives Maddox of the 172nd, Cooper of the 41st, Talton of the 145th, Everson of the 106th, Stephens of the 164th 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 the establishment of a task force to develop a plan for education on chronic kidney disease; to provide for membership and appointment of members to the task force; to provide for duties and responsibilities; to provide for reports and recommendations from such task force; to provide for related matters; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 204. By Representatives Scott of the 2nd, Knox of the 24th, Setzler of the 35th, Franklin of the 43rd, Davis of the 109th 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 change certain

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tax tables used for computing income tax; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 205. By Representatives Morgan of the 39th, Brooks of the 63rd, Mangham of the 94th and Mosby of the 90th:
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 206. By Representative Shaw of the 176th:
A BILL to be entitled an Act to provide that the judge of the Probate Court of Clinch County shall also serve as the chief magistrate of the Magistrate Court of Clinch County on and after January 1, 2009; to provide for the compensation of such judge for service as chief magistrate; to provide for the continuation in office and expiration of term of the current chief magistrate; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 207. By Representatives Jones of the 46th, Hembree of the 67th, Maxwell of the 17th, Casas of the 103rd and Sellier of the 136th:
A BILL to be entitled an Act to amend Code Section 36-34-2 of the Official Code of Georgia Annotated, relating to general powers regarding administration of municipal government, so as to provide for an exemption with respect to certain fees; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 208. By Representatives Jones of the 46th, Lindsey of the 54th, Chambers of the 81st, Talton of the 145th and Coan of the 101st:

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A BILL to be entitled an Act to amend Code Section 20-2-86 of the Official Code of Georgia Annotated, relating to operation of school councils, so as to provide that the parent members make up a majority on the school council; to provide that the chairperson shall be a parent member; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 209. By Representatives Rogers of the 26th and Collins of the 27th:
A BILL to be entitled an Act to amend Part 5 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership of certain law enforcement personnel in the Employees Retirement System of Georgia, so as to change the date by which application for creditable service for prior service as narcotics agents must be submitted; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HR 121. By Representatives Brooks of the 63rd, Abdul-Salaam of the 74th, Williams of the 165th, Smyre of the 132nd and Holmes of the 61st:
A RESOLUTION honoring Mrs. Rosa Parks, Dr. Ralph David Abernathy, Sr., Reverend Hosea L. Williams, Reverend Dr. Joseph E. Lowery, and Reverend Joseph Everhart Boone, 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 122. By Representatives Oliver of the 83rd, Gardner of the 57th and Ashe of the 56th:
A RESOLUTION expressing profound regret for Georgia's participation in the eugenics movement in the United States and marking the centennial of eugenic sterilization in the United States; and for other purposes.
Referred to the Committee on Health & Human Services.
HR 123. By Representatives Morgan of the 39th, Brooks of the 63rd, Holmes of the 61st, Mangham of the 94th, Jones of the 44th and others:

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

Referred to the Committee on Governmental Affairs.

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

HB 183 HB 184 HB 185 HB 186 HB 187 HB 188 HB 189

HR 102 HR 103 SB 15 SB 19 SB 24 SR 49

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 has instructed me to report the same back to the House with the following recommendations:

HB 101 Do Pass, by Substitute HB 105 Do Pass, by Substitute

HB 112 Do Pass HB 122 Do Pass

Respectfully submitted, /s/ McCall of the 30th
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:

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HB 81 Do Pass HB 100 Do Pass

Respectfully submitted, /s/ Lane of the 158th
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 39 HB 53

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 6 HB 89

Do Pass Do Pass

Respectfully submitted, /s/ Ralston of the 7th
Chairman

Representative Rice of the 51st District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

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Your Committee on Motor Vehicles has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:

HB 79 Do Pass, by Substitute

Respectfully submitted, /s/ Rice of the 51st
Chairman

Representative Day of the 163rd District, Chairman of the Committee on Public Safety and Homeland Security, submitted the following report:

Mr. Speaker:

Your Committee on Public Safety and Homeland Security 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 76 Do Pass, by Substitute HB 113 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 TUESDAY, JANUARY 30, 2007

Mr. Speaker and Members of the House:

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

DEBATE CALENDAR

Open Rule

HB 96

State depositories; Federal Home Loan Banks; secure state funds (B&B25th)

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HB 132

Vessels; certain ports; numbers of pilots; change certain provisions (ED&T-164th)

Modified Open Rule

None

Modified Structured Rule

None

Structured Rule

None

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

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

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

Mr. Speaker:

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

SB 8. By Senators Johnson of the 1st and Rogers of the 21st:

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 review and appeal of property tax assessments, so as to change certain provisions regarding the payment of interest in taxpayer appeals; 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 8.

By Senators Johnson of the 1st and Rogers of the 21st:

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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 review and appeal of property tax assessments, so as to change certain provisions regarding the payment of interest in taxpayer appeals; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ways & Means.

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

Reese of the 98th, Greene of the 149th, Crawford of the 127th, and Lane of the 158th.

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 96. By Representatives Mills of the 25th, Floyd of the 147th, Hill of the 21st and Knight of the 126th:

A BILL to be entitled an Act to amend Article 3 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state depositories, so as to provide for letters of credit issued by a Federal Home Loan Bank to be accepted to secure state funds on deposit in state depositories; 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns

Y Dempsey Y Dickson 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 Frazier Y Freeman

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James
Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows E Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner

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Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole
Coleman Y Collins Y Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Kaiser Y Keen Y Keown Y Knight
Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin

Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell E Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

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

On the passage of the Bill, the ayes were 167, nays 0.

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

Representatives Knox of the 24th and Mangham of the 94th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 132. By Representatives Stephens of the 164th, Keen of the 179th, Carter of the 159th and Bryant of the 160th:

A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 52 of the Official Code of Georgia Annotated, relating to pilots of vessels generally, so as to change certain provisions relating to the numbers of pilots for certain ports; 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden

Y Dempsey Y Dickson Y Dollar
Drenner Y Dukes Y Ehrhart

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp

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Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole
Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y England E Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Jackson Y Jacobs Y James
Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin

E Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell E Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

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

On the passage of the Bill, the ayes were 170, nays 0.

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

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 126. By Senators Williams of the 19th, Johnson of the 1st and Brown of the 26th:

A RESOLUTION relative to adjournment; and for other purposes.

The following Resolution of the Senate was read:

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SR 126. 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 2007 regular session of the General Assembly for the period of February 2, 2007, through February 12, 2007, shall be as follows:
Friday, February 2 ................................................................... in session for legislative day 14 Saturday, February 3 ............................................................... in adjournment Sunday, February 4.................................................................. in adjournment Monday, February 5 ................................................................ in adjournment Tuesday, February 6 ................................................................ in adjournment Wednesday, February 7 ........................................................... in adjournment Thursday, February 8 .............................................................. in session for legislative day 15 Friday, February 9 ................................................................... in session for legislative day 16 Saturday, February 10 ............................................................. in session for legislative day 17 Sunday, February 11................................................................ in adjournment Monday, February 12 .............................................................. in session for legislative day 18

BE IT FURTHER RESOLVED that on and after February 12, 2007, the periods of adjournment of the 2007 session, if any, shall be as specified by subsequent resolution of the General Assembly, except that for the remainder of the 2007 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England E Epps Y Everson Y Fleming

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

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows E Millar Y Mills Y Mitchell Y Morgan

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield

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Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole
Coleman Y Collins Y Cooper Y Cox N Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin

Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell E Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

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

On the adoption of the Resolution, the ayes were 166, nays 1.

The Resolution was adopted.

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

HR 124. By Representatives Coleman of the 97th and Coan of the 101st:

A RESOLUTION inviting the coaches and cheerleaders of the Peachtree Ridge High School varsity competition cheerleaders to appear before the House of Representatives; and for other purposes.

HR 126. By Representative Williams of the 165th:

A RESOLUTION commending the contributions of black contractors to the State of Georgia, recognizing February 1, 2007, as "Black Contractors Day" in Georgia, and inviting representatives from the Black Contractors Association to appear before the House of Representatives; and for other purposes.

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HR 145. By Representatives Benfield of the 85th, Levitas of the 82nd, Drenner of the 86th, Gardner of the 57th, Shipp of the 58th and others:
A RESOLUTION recognizing February 8, 2007, as "Girls and Women in Sports Day" and commending and inviting Georgia's outstanding female athletes to appear before the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 125. By Representatives Parrish of the 156th, Lane of the 158th, Burns of the 157th, Channell of the 116th and Stephens of the 164th:
A RESOLUTION congratulating Dr. Michael Guido on the occasion of his 92nd birthday and recognizing the 50th anniversary of the founding of the Guido Evangelistic Association; and for other purposes.
HR 131. By Representatives Hugley of the 133rd, Smyre of the 132nd, Smith of the 129th, Smith of the 131st and Buckner of the 130th:
A RESOLUTION commending Evelyn W. Turner Pugh; and for other purposes.
HR 132. By Representatives Hugley of the 133rd, Smyre of the 132nd, Smith of the 129th, Smith of the 131st and Buckner of the 130th:
A RESOLUTION commending Mrs. Vivian Creighton Bishop; and for other purposes.
HR 133. By Representatives Peake of the 137th, Freeman of the 140th, Sellier of the 136th, Lucas of the 139th, Cole of the 125th and others:
A RESOLUTION recognizing and congratulating the Tattnall Square Academy football team, 2006 Class AAA State Champions; and for other purposes.
HR 134. By Representatives Parrish of the 156th, Stephens of the 164th, Fleming of the 117th, Royal of the 171st, O`Neal of the 146th and others:
A RESOLUTION recognizing and commending Michael Vollmer on the occasion of his retirement; and for other purposes.

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HR 135. By Representatives Coleman of the 97th, Reese of the 98th and Coan of the 101st:
A RESOLUTION commending the Peachtree Ridge High School Lions football team; and for other purposes.
HR 136. By Representatives Coleman of the 97th, Reese of the 98th and Coan of the 101st:
A RESOLUTION commending the Peachtree Ridge High School varsity competition cheerleaders; and for other purposes.
HR 137. By Representatives Brooks of the 63rd, Abdul-Salaam of the 74th, Williams of the 165th, Holmes of the 61st, Mitchell of the 88th and others:
A RESOLUTION expressing regret at the passing of Dora Edith McDonald; and for other purposes.
HR 138. By Representatives Keen of the 179th, Richardson of the 19th, Fleming of the 117th, Burkhalter of the 50th, Roberts of the 154th and others:
A RESOLUTION commending and expressing gratitude to Bill Bahr on the occasion of his retirement; and for other purposes.
HR 139. By Representatives Smith of the 129th and Buckner of the 130th:
A RESOLUTION commending the Harris County High School cheerleaders; and for other purposes.
HR 140. By Representatives Collins of the 27th, Rogers of the 26th, Mills of the 25th and Benton of the 31st:
A RESOLUTION celebrating the birthday and honoring the professional achievements of Tommy Aaron on his 70th birthday; and for other purposes.
HR 141. By Representatives Hugley of the 133rd, Smyre of the 132nd, Smith of the 129th, Smith of the 131st and Buckner of the 130th:
A RESOLUTION commending James Walker; and for other purposes.
HR 142. By Representatives Parrish of the 156th, Lane of the 158th and Burns of the 157th:

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A RESOLUTION commending Dr. Michael Guido and recognizing the 50th anniversary of the founding of the Guido Evangelistic Association; and for other purposes.
HR 143. By Representatives Cooper of the 41st, Channell of the 116th, Lane of the 158th, Walker of the 107th and Millar of the 79th:
A RESOLUTION commending the Georgia Renal Coalition and proclaiming January 31, 2007, "Georgia Dialysis Day" at the state capitol; and for other purposes.
HR 144. By Representatives Cooper of the 41st, Burkhalter of the 50th, Lewis of the 15th, Walker of the 107th and Millar of the 79th:
A RESOLUTION honoring and commending the life and advocacy of family caregivers, especially mothers who are taking care of their children with developmental disabilities; and for other purposes.
The following communication was received:
Speaker's Order No. 3
PURSUANT to the provisions of Rule 10.2 of the Rules, Ethics, and Decorum of the House of Representatives a special committee of the House is hereby appointed to consider bills regarding certificate of need requirements for offering health care.
This committee of the house shall be designated as the Special Committee on Certificate of Need. The committee shall only have authority to deliberate, hear testimony, compel witnesses or consider amendments that are germane to the subject matter of bills assigned to it regarding health care needs related to certificate of need required for offering health care. The Committee shall act during its existence with the same authority, in all respects, as if it was one of the standing committees of the House established by Rule 10.1.
The following members of the house are appointed as officers of the Committee:
1. Chairman: Sharon Cooper 2. Vice Chairman: Mark Burkhalter 3. Secretary: Mickey Channell
The following members of the House are appointed to serve on the Committee:
4. Austin Scott

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5. Pam Stephenson 6. Buddy Carter 7. Billy Mitchell 8. Penny Houston 9. Karla Drenner 10. Judy Manning 11. Allen Peake
Once final action has been taken on the bills assigned to this Committee, the authority of the Committee, including its Chairman, its Vice-Chairman, its Secretary and each member appointed above, shall cease.
SO ORDERED, by my hand, this 30th day of January, 2007.
/s/ Glenn Richardson Glenn Richardson, Speaker House of Representatives
Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Wednesday, January 31, 2007

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 Abrams Amerson Ashe Bearden Benton Black Bridges Brooks Bruce Bryant Buckner Burkhalter Burns Byrd Carter, A Carter, B Casas Chambers Cheokas Coan Cole Coleman Collins Cooper Crawford, M Crawford, R Davis, H Dempsey

Dickson Dukes Ehrhart England Epps Everson Fleming Floyd, J Forster Franklin Frazier Freeman Gardner Geisinger Glanton Golick Gordon Graves Greene Hamilton Hanner Heard, K Hembree Hill, C Hill, C.A Holmes Holt Houston Howard

Hudson Hugley Jackson Jacobs Jamieson Jenkins Jerguson Johnson, C Johnson, T Jones, J Jones, S Kaiser Keen Keown Knight Knox Lakly Lane, B Lane, R Levitas Lewis Lindsey Lord Loudermilk E Lunsford Maddox Mangham Manning Martin

Maxwell May McKillip Meadows Millar Mills Mitchell Morgan Morris Mosby Mumford Murphy Neal Nix O'Neal Parham Parsons Peake Porter Pruett Ralston Randall Reese Roberts Rogers Royal Rynders Scott, A

Scott, M Sellier Setzler Sheldon Sims, B Sims, C Sims, F Smith, B Smith, L Smith, R E Smith, T Smith, V Smyre Stanley-Turner Starr Stephens Talton Teilhet Thomas, B Tumlin Walker E Watson Wilkinson Willard Williams, E Williams, M Williams, R Richardson, Speaker

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

Representatives Barnard of the 166th, Beasley-Teague of the 65th, Benfield of the 85th, Butler of the 18th, Channell of the 116th, Cox of the 102nd, Davis of the 109th, Dollar of the 45th, Drenner of the 86th, Floyd of the 99th, Fludd of the 66th, Harbin of the 118th, Hatfield of the 177th, Heard of the 104th, Heckstall of the 62nd, Henson of the 87th, Horne of the 71st, James of the 135th, Lucas of the 139th, Marin of the 96th, McCall of the 30th, Parrish of the 156th, Powell of the 29th, Rice of the 51st, Sailor of the 93rd, Shaw of the 176th, Shipp of the 58th, Sinkfield of the 60th, Stephenson of the 92nd, Thomas of the 55th, Williams of the 165th, Wix of the 33rd, and Yates of the 73rd.

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They wish to be recorded as present.
Prayer was offered by Dr. Michael Guido, Guido Evangelistic Association, Metter, Georgia.
The members pledged allegiance to the flag.
Representative Lakly of the 72nd, 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 Committee:
HB 22. By Representatives Keown of the 173rd, Peake of the 137th, Black of the 174th, England of the 108th and Benton of the 31st:
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 that calls made by ADAD equipment for the purpose of the solicitation of votes for candidates for public office be included in the state do-not-call list; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Energy, Utilities & Telecommunications.
HB 210. By Representative Scott of the 153rd:
A BILL to be entitled an Act to amend Title 31 of the O.C.G.A., relating to health, so as to provide for extensive revision of the certificate of need program; to revise and add definitions; to revise the declaration of policy for state health planning; to revise threshold amounts for expenditures; to revise the composition and duties of the Health Strategies Council; to revise the duties of the Department of Community Health; to revise provisions relating to existing exemptions; to provide for set times to accept applications for capital projects; to require ambulatory surgical centers to provide indigent care; to provide for the establishment of minimum quality standards as a consideration for approval of a certificate of need; to provide for a letter of intent for proposed new clinical health services; to amend various other titles of the O.C.G.A. so as to revise provisions for purposes of conformity; 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 Certificate of Need.
HB 211. By Representatives Scott of the 153rd and Roberts of the 154th:
A BILL to be entitled an Act to authorize Tift County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 212. By Representatives Scott of the 153rd and Roberts of the 154th:
A BILL to be entitled an Act to authorize the City of Tifton 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 Intragovernmental Coordination - Local.

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HB 213. By Representative Bridges of the 10th:
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 repeal a special pay plan for deferred payment of special compensation to reduce federal tax burden for state employees; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Code Revision.
HB 214. By Representatives Barnard of the 166th, Smith of the 70th, Stephens of the 164th, Parsons of the 42nd, Lane of the 158th and others:
A BILL to be entitled an Act to amend Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Jekyll Island-- State Park Authority, so as to provide for a renewal of the property lease to the authority; to extend the existence of the authority consistent with such lease renewal; to provide for legislative oversight of the authority; to provide for 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 215. By Representatives Heard of the 114th, Smith of the 113th and McKillip of the 115th:
A BILL to be entitled an Act to amend an Act establishing a City Court in the County of Clarke, formerly known as the State Court of Clarke County, Georgia, approved September 8, 1879 (Ga. L. 1878-79, p. 291), as amended, so as to repeal certain provisions relating to the office of the clerk of the State Court of Athens-Clarke County, Georgia; to provide for continuing the existing term of the present judge of said court; to provide that the present judge of the court be designated chief judge; to provide that the current compensation of the present judge of the court shall be the compensation to be paid to the chief judge of said court; to add a judge to said court; to provide for the appointment, election, term of office, and compensation of said additional judge and for the election of successors to such judge; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 216. By Representatives Porter of the 143rd, Hugley of the 133rd, Randall of the 138th, Ashe of the 56th, Jamieson of the 28th and others:

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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 that the reporting system based on a "B" average to determine eligibility for HOPE and other postsecondary scholarships will become effective only upon the development and implementation of a minimum state-wide standard for honors courses; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
HB 217. By Representatives Rogers of the 26th, Harbin of the 118th, Smith of the 113th, Manning of the 32nd, Smith of the 131st 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 modify standards for county boards of health reviewing soil reports; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 218. By Representative Day of the 163rd:
A BILL to be entitled an Act to amend Code Section 52-2-10 of the Official Code of Georgia Annotated, relating to the application of traffic laws and enforcement by security guards employed with the Georgia Ports Authority, so as to require that those employees of the authority who are authorized to exercise the powers of arrest shall be certified peace officers subject to the Georgia Peace Officer Standards and Training Council; 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 and Homeland Security.
HB 219. By Representatives Royal of the 171st, O`Neal of the 146th, Roberts of the 154th and Black of the 174th:
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 prepayments of certain local sales and use taxes with respect to motor fuels; to provide for procedures, conditions, and limitations; to change certain provisions regarding penalties; to change certain provisions regarding taxation of motor fuel; to change certain provisions regarding sales and use tax exemptions regarding motor fuel; to change certain provisions regarding

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refunds of motor fuel taxes; to change certain provisions regarding the second motor fuel tax; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 220. By Representative Day of the 163rd:
A BILL to be entitled an Act to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to repeal Chapter 8, relating to the Georgia Criminal Justice Improvement Council; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Code Revision.
HB 221. By Representatives Heard of the 104th and Willard of the 49th:
A BILL to be entitled an Act to amend Code Section 9-11-9.1 of the Official Code of Georgia Annotated, relating to the affidavit required to accompany charges of professional malpractice, so as to change certain provisions regarding when an affidavit is required to accompany an action for damages alleging professional malpractice; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 222. By Representatives Mitchell of the 88th, Willard of the 49th, Millar of the 79th, Oliver of the 83rd, Lunsford of the 110th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to the authority of counties to buy property sold under tax executions, so as to prohibit county tax commissioners from purchasing property offered for sale under tax executions or tax foreclosure proceedings; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 223. By Representatives Butler of the 18th, Nix of the 69th and Bearden of the 68th:

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A BILL to be entitled an Act to provide for a method of distribution of the net proceeds of the sales tax for education purposes levied in Carroll County; to provide for the method of distribution of proceeds of such tax between the Carroll County School District and the independent school districts located wholly or partially within Carroll County, including particularly the City of Carrollton School System and the City of Bremen School System; to provide for authority under Article VIII, Section VI, Paragraph IV of the Constitution; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 224. By Representatives Burkhalter of the 50th and Smith of the 113th:
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.
HB 225. By Representatives Royal of the 171st, Golick of the 34th, Roberts of the 154th, Keen of the 179th, O`Neal of the 146th and others:
A BILL to be entitled an Act to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income for state income tax purposes, so as to change certain provisions regarding the deduction for contributions to certain college savings plans; to provide an effective date; to provide applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 226. By Representatives Ralston of the 7th, Willard of the 49th and Burkhalter of the 50th:
A BILL to be entitled an Act to amend Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving obscenity in general, so as to strike existing provisions relating to criminal

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distribution and dissemination of obscene materials and insert new provisions relating to the same subject; to define the nature of the offense, define terms, provide an affirmative defense, and provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 227. By Representatives Lewis of the 15th, Martin of the 47th, Stephens of the 164th, Ehrhart of the 36th, Watson of the 91st and others:
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 the expedited franchising of cable and video services by the Secretary of State; to provide for a short title; to provide for definitions; to provide franchise options for cable service providers and video service providers; to provide a process for the issuance of a state franchise; to provide for transfers, modifications, and terminations of a state franchise; to provide for franchise fees; to require customer service; to provide for public, educational, and governmental programming under a state franchise; to provide a service outlet to municipalities and counties and complimentary basic cable service or video service to public schools and public libraries over such service outlet; to provide certain limitations on requirements that may be imposed upon holders of a state franchise; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
HB 228. By Representatives Porter of the 143rd, Hugley of the 133rd, Randall of the 138th, Ashe of the 56th, Jamieson of the 28th and others:
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 remove the hourly caps on HOPE scholarships at public postsecondary institutions; to remove the hourly caps on HOPE scholarships at private postsecondary institutions; to remove the hourly caps on HOPE grants at a branch of the Georgia Department of Technical and Adult Education; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.

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HB 229. By Representatives Harbin of the 118th, Hembree of the 67th and Smith of the 113th:
A BILL to be entitled an Act to amend Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relating to the lottery for education, so as to impose certain limitations on book allowances and mandatory fee payments under certain circumstances; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 230. By Representatives Tumlin of the 38th and Morris of the 155th:
A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, so as to reenact certain provisions regarding penalties, fees, and costs with respect to tax deficiencies; to reenact procedures with respect thereto; to reenact criminal penalties with respect to false returns or failure to obey certain subpoenas or orders; to reenact certain provisions regarding local penalties, fees, and costs with respect to certain tax deficiencies; to reenact procedures with respect thereto; to reenact certain powers, duties, and authorities of the state revenue commissioner with respect to the foregoing; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 231. By Representatives Smith of the 129th, Ralston of the 7th, Rogers of the 26th, Graves of the 12th and Floyd of the 147th:
A BILL to be entitled an Act 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 provide that, in the removal of vehicles or obstructions from roadways where there is determined to be a threat to public health or safety or to mitigate traffic congestion, where towing services are so ordered to remove such obstructions such companies shall be guilty for instances of gross negligence only; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.

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HB 232. By Representatives Lindsey of the 54th, Lunsford of the 110th, Geisinger of the 48th, Jones of the 46th and Smith of the 113th:
A BILL to be entitled an Act to amend Chapter 71 of Title 36 of the Official Code of Georgia Annotated, relating to the "Georgia Development Impact Fee Act," so as to change definitions; to increase community participation in development impact fee advisory committees; to provide for the expenditure of impact fees; to change certain provisions relating to deposit and expenditure of fees and an annual report; 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 233. By Representatives Ralston of the 7th, Mumford of the 95th, Bearden of the 68th and Oliver of the 83rd:
A BILL to be entitled an Act to amend Chapter 5 of Title 30 and Code Section 31-8-81 of the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons and definitions for the "Longterm Care Facility Resident Abuse Reporting Act," respectively, so as to revise the definition of the term "exploitation"; to change provisions relating to criminal penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 234. By Representative Channell of the 116th:
A BILL to be entitled an Act to create a board of elections and registration for Greene 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.

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Referred to the Committee on Intragovernmental Coordination - Local.
HB 235. By Representatives Shipp of the 58th, Tumlin of the 38th, Porter of the 143rd, Cooper of the 41st, Hugley of the 133rd and others:
A BILL to be entitled an Act to amend Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to consent for surgical or medical treatment, so as to provide that a surrogate decision-making panel shall be included as a last resort entity that is authorized to consent to surgical or medical treatment on behalf of an incapacitated person; to provide for legislative findings; to provide for the establishment of surrogate decisionmaking panels; to provide for ad hoc hospital committees; to provide for immunity; to provide for compliance with federal privacy law; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 236. By Representatives Randall of the 138th, Porter of the 143rd, Hugley of the 133rd, Smyre of the 132nd and Gardner of the 57th:
A BILL to be entitled an Act to amend Code Section 49-5-273 of the Official Code of Georgia Annotated, relating to the creation and operation of the PeachCare for Kids Program, so as to provide that state appropriations may be used for the program even if matching federal funds are not available; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 237. By Representatives Martin of the 47th, Stephens of the 164th, Lewis of the 15th, Watson of the 91st, Royal of the 171st 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 certain provisions regarding exemptions with respect to the sale of certain manufacturing machinery, certain primary handling equipment, certain aircraft machinery or equipment, certain parts, machinery clothing, molds, dies, or tooling, and certain air or water pollution eliminating machinery and equipment; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.

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HB 238. By Representatives Freeman of the 140th, Shaw of the 176th, Mitchell of the 88th, Cole of the 125th, Tumlin of the 38th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for the manufacture, distribution, and sale of malt beverages, so as to provide for additional requirements with respect to carbon dioxide filters; to provide for costs; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 239. By Representatives Lane of the 158th, Jerguson of the 22nd and Burns of the 157th:
A BILL to be entitled an Act to amend Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to game and fish, so as to change certain provisions relating to rules and regulations of the Board of Natural Resources used to establish game and fish criminal violations; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
HB 240. By Representative Harbin of the 118th:
A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to "The Retail Installment and Home Solicitation Sales Act," so as to increase the authorized maximum delinquency charge for late installment payments; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 241. By Representatives Chambers of the 81st, Cooper of the 41st and Drenner of the 86th:
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 credit for previous training and

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experience; to provide for alternative means of obtaining the required education, training, and experience for licensure; to prohibit the use of certain titles unless a person is licensed; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 242. By Representatives Knox of the 24th, Hembree of the 67th, Keen of the 179th, Ehrhart of the 36th and Watson of the 91st:
A BILL to be entitled an Act to amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes regarding insurance, so as to provide for an exemption for certain high deductible health plans sold or maintained in connection with a health savings account with respect to state insurance premium taxes; 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 conditions and limitations; 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 Ways & Means.
HB 243. By Representatives Hembree of the 67th, Ehrhart of the 36th, Smith of the 113th, Knight of the 126th, Gardner of the 57th and others:
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 revise the definition of "eligible postsecondary institution"; to provide that enrollment in postsecondary courses at a branch of the Georgia Department of Technical and Adult Education will not count against the hourly caps for HOPE grants; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
HB 244. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to death investigations, so

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as to provide for certain notification requirements; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HR 127. By Representatives Reese of the 98th, Cox of the 102nd, Coan of the 101st, Sheldon of the 105th, Heard of the 104th and others:
A RESOLUTION urging the United States Congress to amend the citizenship laws of the United States to provide that persons born in this country to alien parents become citizens at birth only if the mother is in this country legally; and for other purposes.
Referred to the Committee on Judiciary.
HR 128. By Representatives Holmes of the 61st, Brooks of the 63rd, Marin of the 96th, Thomas of the 55th, Hugley of the 133rd and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that persons convicted of felonies involving moral turpitude may not register, remain registered, or vote while incarcerated but may register and vote while serving any period of probation or parole; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Governmental Affairs.
HR 129. By Representatives Buckner of the 130th, Channell of the 116th, Ralston of the 7th, Bearden of the 68th, McKillip of the 115th and others:
A RESOLUTION urging the Composite State Board of Medical Examiners to adopt new rules pursuant to Code Section 43-34-26.3; and for other purposes.
Referred to the Committee on Health & Human Services.
HR 130. By Representative Davis of the 109th:
A RESOLUTION dedicating the Ed Echols Memorial Highway; and for other purposes.
Referred to the Committee on Transportation.

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251

HR 146. By Representatives Lane of the 158th, Burns of the 157th, Parrish of the 156th, Carter of the 159th, Stephens of the 164th and others:

A RESOLUTION designating portions of State Route 26 (U.S. 80) in Bulloch County in honor of the memory of Dr. Charles Emory Bohler; and for other purposes.

Referred to the Committee on Transportation.

HR 147. By Representatives Lane of the 158th, Burns of the 157th, Parrish of the 156th, Smith of the 113th, Carter of the 159th and others:

A RESOLUTION honoring the memory of Coach Erskine "Erk" Russell, expressing regret at his passing, and designating portions of State Route 26 (U.S. 80) in Bulloch County as the Erk Russell Highway; 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 17 HB 190 HB 191 HB 192 HB 193 HB 194 HB 195 HB 196 HB 197 HB 198 HB 199 HB 200 HB 201

HB 202 HB 203 HB 204 HB 205 HB 206 HB 207 HB 208 HB 209 HR 121 HR 122 HR 123 SB 8

Representative Royal of the 171st District, Chairman of the Committee on Budget and Fiscal Affairs Oversight, submitted the following report:

Mr. Speaker:

Your Committee on Budget and Fiscal Affairs Oversight has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:

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HB 91 Do Pass, by Substitute

Respectfully submitted, /s/ Royal of the 171st
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 104 Do Pass The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR WEDNESDAY, JANUARY 31, 2007

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 12th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

None

Modified Structured Rule

HB 98

House and Senate; certain committees; amend Official Code of Georgia Annotated references (Rules-117th)

HR 16

Statue of Zell Bryan Miller; Capitol Arts Standards Commission; urge (SI&P-10th)

HR 46

House Rules; amend Rule 18 (Rules-117th)

Structured Rule None

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253

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 bill of the Senate:

SB 14. By Senators Rogers of the 21st, Murphy of the 27th, Staton of the 18th and Douglas of the 17th:

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 collection and remittance of real estate or personal property filing fees; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

SB 14.

By Senators Rogers of the 21st, Murphy of the 27th, Staton of the 18th and Douglas of the 17th:

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 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.

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

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Chambers of the 81st, May of the 111th, and Cooper of the 41st.

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

HR 104. By Representatives Starr of the 78th, Abdul-Salaam of the 74th, Glanton of the 76th, Ehrhart of the 36th, Johnson of the 75th and others:

A RESOLUTION commending and congratulating quarterback Donald Eugene "D.J." Shockley, Jr., 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 and Resolutions of the House were taken up for consideration and read the third time:

HR 16. By Representatives Bridges of the 10th, Fleming of the 117th, Roberts of the 154th, Ehrhart of the 36th, Harbin of the 118th and others:

A RESOLUTION urging the Capitol Arts Standards Commission to authorize the placement of a statue on the grounds of the State Capitol Building honoring Zell Bryan Miller; 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler

Y Dempsey Y Dickson Y Dollar
Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster E Franklin
Frazier Y Freeman Y Gardner

Y Holt Y Horne Y Houston
Howard Y Hudson Y Hugley E Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson
Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser

Y Martin Y Maxwell
May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell N Morgan Y Morris Y Mosby Y Mumford
Murphy Y Neal Y Nix Y Oliver Y O'Neal

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F
Sinkfield Y Smith, B Y Smith, L Y Smith, R E Smith, T Y Smith, V Y Smyre
Stanley-Turner Y Starr

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255

Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S
Day

Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K N Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A
Holmes

Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey N Lord Y Loudermilk Y Lucas E Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall
Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the adoption of the Resolution, the ayes were 153, nays 3.

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

Representatives Drenner of the 86th, Johnson of the 75th, Murphy of the 120th, 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 98. By Representatives Fleming of the 117th, Keen of the 179th, Burkhalter of the 50th, Ehrhart of the 36th, Willard of the 49th and others:

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.

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 Abrams Y Amerson Y Ashe

Y Dempsey Y Dickson Y Dollar Y Drenner

Y Holt Y Horne Y Houston Y Howard

Y Martin Y Maxwell Y May Y McCall

Y Scott, M Y Sellier Y Setzler Y Shaw

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Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas
Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S
Day

Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin
Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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

Hudson Y Hugley E Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas E Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall
Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F
Sinkfield Y Smith, B Y Smith, L Y Smith, R E Smith, T Y Smith, V Y Smyre
Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet
Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M 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 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 46. By Representatives Fleming of the 117th, Burkhalter of the 50th and Keen of the 179th:

A RESOLUTION amending the Rules of the House of Representatives with respect to local legislation; and for other purposes.

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

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257

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

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce
Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S
Day

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Y Hudson Y Hugley E Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S
Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas E Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall
Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the adoption of the Resolution, the ayes were 167, 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 following Resolution of the House was read and referred to the Committee on Rules:

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HR 148. By Representatives Ralston of the 7th and Franklin of the 43rd:
A RESOLUTION commending Glenn Burns and inviting him to appear before the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 151. By Representatives Holmes of the 61st, Glanton of the 76th, Johnson of the 75th, Lindsey of the 54th, Bruce of the 64th and others:
A RESOLUTION commending Lieutenant General Russel L. Honor; and for other purposes.
HR 152. By Representatives Lane of the 158th, Jerguson of the 22nd, Knight of the 126th, Barnard of the 166th and Burns of the 157th:
A RESOLUTION commending the Southeastern Cooperative Wildlife Disease Study; and for other purposes.
HR 153. By Representatives Hugley of the 133rd, Williams of the 165th, Lucas of the 139th, Porter of the 143rd, Randall of the 138th and others:
A RESOLUTION recognizing and commending Representative Calvin Smyre and congratulating him on the occasion of his election as the President of the National Black Caucus of State Legislators; and for other purposes.
HR 154. By Representatives Brooks of the 63rd and Thomas of the 55th:
A RESOLUTION expressing regret at the passing of Mrs. Hattie Guinn Watkins; and for other purposes.
HR 155. By Representatives Byrd of the 20th, Hamilton of the 23rd, Jerguson of the 22nd and Hill of the 21st:
A RESOLUTION commending Jeremy Daniel Black on attaining the rank of Eagle Scout; 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

WEDNESDAY, JANUARY 31, 2007

259

Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 51 Do Pass, by Substitute
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 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Thursday, February 1, 2007

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 Abrams Amerson Ashe Barnard Bearden Benton Black Bridges Brooks Bruce Bryant Buckner Burkhalter Burns Butler Carter, A Carter, B Chambers Cheokas Coan Cole Coleman Collins Cooper Cox Crawford, M Crawford, R Davis, H

Davis, S Dempsey Dickson Drenner Dukes Ehrhart England Everson Fleming Floyd, J Fludd Forster Franklin Frazier Freeman Gardner Geisinger Glanton Gordon E Graves Greene Hamilton E Harbin Heard, J Heard, K E Heckstall Hembree E Henson Hill, C

Hill, C.A Holt Horne Houston Hugley E Jackson Jacobs James Jamieson Jenkins Jerguson Johnson, C Johnson, T Jones, J Jones, S Kaiser Keen Keown Knight E Knox Lakly Lane, B Lane, R Levitas Lewis Lindsey Lord Loudermilk Maddox

Manning Martin Maxwell E McCall McKillip Meadows Millar Mills Mitchell Morris Mosby Mumford Murphy Neal Nix Oliver O'Neal Parham Parrish Parsons Peake Porter Powell Pruett Ralston Randall Reese Rice Roberts

Rogers Royal Rynders E Sailor Scott, A E Scott, M Sellier Setzler Shaw Shipp Sims, B Sims, F Smith, B Smith, L Smith, R Smith, T Starr Stephens Talton Teilhet Thomas, B Wilkinson Willard Williams, E Williams, M 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, Byrd of the 20th, Casas of the 103rd, Channell of the 116th, Day of the 163rd, Dollar of the 45th, Floyd of the 99th, Golick of the 34th, Hanner of the 148th, Hatfield of the 177th, Holmes of the 61st, Howard of the 121st, Jordan of the 77th, Lucas of the 139th, Lunsford of the 110th, Mangham of the 94th, Marin of the 96th, May of the 111th, Morgan of the 39th, Reece of the 11th, Sheldon of the 105th, Sims of the 169th, Sinkfield of the 60th, Smith of the 129th, Smyre of the 132nd, Stanley-Turner of the 53rd, Stephens of the 164th, Thomas of the 55th, Tumlin of the 38th, Walker of the 107th, Watson of the 91st, Williams of the 165th, and Wix of the 33rd.

THURSDAY, FEBRUARY 1, 2007

261

They wish to be recorded as present.
Prayer was offered by Dr. Benny Tate, Rocksprings Congressional Methodist Church, Milner, Georgia.
The members pledged allegiance to the flag.
Representative Lakly of the 72nd, 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 245. By Representative Barnard of the 166th:
A BILL to be entitled an Act to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to law enforcement officers and agencies, so as to repeal certain provisions relating to a passenger motor vehicle for the warden of Georgia State Prison to be furnished by the Department of Public Safety; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Code Revision.

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HB 246. By Representatives Hugley of the 133rd, Porter of the 143rd, Smyre of the 132nd, Ashe of the 56th, Murphy of the 120th 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 provide for the creation of the HOPE Literacy Scholar Program; to provide for legislative findings and intent; to provide that the Department of Education, the board of regents, and local school systems shall develop a program to utilize college and university students who are receiving HOPE scholarships to assist in reading literacy programs in public pre-kindergarten, kindergarten, and elementary schools; to provide for that such students participating in the program who fail to meet grade requirements to maintain their HOPE scholarships shall receive an additional quarter or semester to meet such grade requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
HB 247. By Representatives Smith of the 113th, Shaw of the 176th, Roberts of the 154th, Stephens of the 164th, England of the 108th 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 change certain provisions relating to acquisition and construction of water and sewage systems; to prohibit counties, municipalities, and local authorities from requiring connection with or use of water supplied by a public water system except when other water is unfit; to prohibit charges or fees for services made available but not used; to provide for applicability; to provide for exceptions; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 248. By Representatives McCall of the 30th, Roberts of the 154th, Royal of the 171st, Floyd of the 147th, Channell of the 116th 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 for a limited period of time from state sales and use tax only regarding the sale or use of liquefied petroleum gas or other fuel used in dairy production by family owned qualified farm products producers; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Ways & Means.
HB 249. By Representatives Stephens of the 164th, Channell of the 116th, Butler of the 18th and Jackson of the 161st:
A BILL to be entitled an Act to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from state health planning and development provisions, so as to provide findings of the General Assembly; to provide an exemption for the development and offering of new institutional health services by acute cancer hospitals with 50 or fewer beds that specialize in advanced cancer treatment and that have a majority of their patients originating from outside the State of Georgia; to require the provision of a certain amount of uncompensated indigent care for the exemption to be applicable; to provide a definition of a certain term; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Committee on Certificate of Need.
HB 250. By Representatives Maxwell of the 17th, Jones of the 46th, Rogers of the 26th, Casas of the 103rd, Dickson of the 6th and others:
A BILL to be entitled an Act to amend Part 10 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to professional standards, so as to revise certain provisions relating to reports of criminal offenses to local boards of education; to revise certain provisions relating to preliminary investigations of violations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 251. 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 definitions; to provide that prosecuting attorneys shall be subject to discipline and sanctions, including removal from office and involuntary retirement, by the Judicial Qualifications Commission; to provide for certain canons of ethics for prosecuting attorneys; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.

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HB 252. By Representative Scott of the 153rd:
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, so as to provide a special license plate supporting programs for the treatment of autism; to provide that a portion of the funds generated by the sale of such special license plate be disbursed to the Department of Human Resources for the support of programs for the treatment of autism in Georgia; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 253. By Representatives Graves of the 12th, McCall of the 30th, England of the 108th, Roberts of the 154th, Houston of the 170th 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 provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 254. By Representatives Roberts of the 154th, Black of the 174th, Shaw of the 176th, McCall of the 30th, Sheldon of the 105th and others:
A BILL to be entitled an Act to amend Code Section 40-5-64 of the Official Code of Georgia Annotated, relating to issuance of limited driving permits for certain offenders, so as to allow for issuance of a limited driving permit to a driver between 18 and 21 years old who has his or her license suspended for driving 24 or more miles per hour but less than 34 miles per hour over the speed limit; 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 255. By Representative Bridges of the 10th:
A BILL to be entitled an Act to amend Code Section 47-1-20 of the Official Code of Georgia Annotated, relating to definitions, so as to expand the definition of the term "public employment related crime"; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Judiciary Non-Civil.
HB 256. By Representatives Brooks of the 63rd, Benfield of the 85th, Williams of the 165th, Mosby of the 90th, Stephenson of the 92nd 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.
Referred to the Committee on Retirement.
HB 257. By Representatives Yates of the 73rd and Knight of the 126th:
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 258. By Representatives Jacobs of the 80th, Walker of the 107th, Geisinger of the 48th, Davis of the 109th, Bearden of the 68th and others:
A BILL to be entitled an Act to amend Code Section 50-8-7.1 of the Official Code of Georgia Annotated, relating to general powers and duties of the Department of Community Affairs, so as to provide that planning procedures with respect to developments of regional impact shall include at least one public hearing; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
HB 259. By Representatives Geisinger of the 48th, Lindsey of the 54th, Oliver of the 83rd, Smyre of the 132nd, Barnard of the 166th and others:
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

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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 by nonprofit organizations and businesses; 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 260. By Representatives Jacobs of the 80th, Scott of the 2nd, Lindsey of the 54th, Millar of the 79th, Chambers of the 81st and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to revenue bonds, so as to require that certain authorities of this state obtain the approval of the governing authority of certain counties or municipalities prior to issuing revenue bonds or spending revenue from such bond issue; to provide for a definition; to provide for an exception; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 261. By Representatives Manning of the 32nd, Smith of the 113th, Reese of the 98th and Scott of the 2nd:
A BILL to be entitled an Act to amend Article 6 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to property owners associations, so as to provide for changes to the limitations on amendments to covenants running with land; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 262. By Representatives Martin of the 47th and Stephens of the 164th:
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

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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 263. By Representatives Chambers of the 81st, Knox of the 24th, Coan of the 101st, Ehrhart of the 36th, Smith of the 131st and others:
A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to repeal the certificate of need program; to provide for legislation findings; to repeal Chapter 6 regarding State Health Planning and Development; to eliminate references to the certificate of need program; to remove the requirement for a certificate of need for certain facilities; 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 eliminate reference to interest on penalties related to certificate of need; to amend Chapter 26 of Title 50 of the Official Code of Georgia Annotated, relating to housing and finance authority, so as to remove the requirement for a certificate of need of a project financed by an authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Committee on Certificate of Need.
HR 149. By Representatives Epps of the 128th, Buckner of the 130th and Nix of the 69th:
A RESOLUTION creating the Joint Study Committee on the Viability of Commuter Rail Service from Atlanta to West Point; and for other purposes.
Referred to the Committee on Transportation.
HR 150. By Representatives Epps of the 128th, Buckner of the 130th and Nix of the 69th:
A RESOLUTION creating the House Study Committee on the Viability of Commuter Rail Service from Atlanta to West Point; 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:

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HB 22 HB 210 HB 211 HB 212 HB 213 HB 214 HB 215 HB 216 HB 217 HB 218 HB 219 HB 220 HB 221 HB 222 HB 223 HB 224 HB 225 HB 226 HB 227 HB 228 HB 229 HB 230

HB 231 HB 232 HB 233 HB 234 HB 235 HB 236 HB 237 HB 238 HB 239 HB 240 HB 241 HB 242 HB 243 HB 244 HR 127 HR 128 HR 129 HR 130 HR 146 HR 147 SB 14

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 - 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 93 Do Pass HB 103 Do Pass

HB 190 Do Pass, by Substitute HB 206 Do Pass

Respectfully submitted, /s/ Rynders of the 152nd
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 126 Do Pass

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269

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

HOUSE RULES CALENDAR THURSDAY, FEBRUARY 1, 2007

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

HR 21

Elbert Shaw, Jr. Regional Youth Detention Center; designate (SI&P-6th)

Modified Open Rule

None

Modified Structured Rule

None

Structured Rule

None

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

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

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

HB 93. By Representative Maddox of the 172nd:

A BILL to be entitled an Act to provide a new charter for the City of Bainbridge; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties,

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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 and mayor and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 103. By Representatives Peake of the 137th, Lucas of the 139th, Randall of the 138th, Freeman of the 140th, Cole of the 125th and others:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of Macon, Georgia," approved March 23, 1977 (Ga. L. 1977, p. 3776), as amended, so as to provide for the number of city council members; to provide for council members currently serving; to provide for the appointment of a mayor pro tempore; to provide for elections; to provide for the submission of this Act to the 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.
HB 190. By Representative Royal of the 171st:
A BILL to be entitled an Act to amend an Act creating the State Court of Mitchell County (formerly the City Court of Camilla), approved August 17, 1905 (Ga. L. 1905, p. 184), as amended, so as to provide that the judge shall be a full-time judge for said court; to provide for qualifications of the judge; to change the provisions relating to the compensation of the judge; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend an Act creating the State Court of Mitchell County (formerly the City Court of Camilla), approved August 17, 1905 (Ga. L. 1905, p. 184), as amended, so as to provide

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that the judge shall be a full-time judge for said court; to provide for qualifications of the judge; to change the provisions relating to the compensation of the judge; 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 Mitchell County (formerly the City Court of Camilla), approved August 17, 1905 (Ga. L. 1905, p. 184), as amended, is amended by revising subsection (a) of Section (2) as follows:
"(a)(1) The position of judge of the State Court of Mitchell County shall be a fulltime position. (2) The judge of said court shall have such qualifications and shall be subject to such restrictions and discipline as provided in Chapter 7 of Title 15 of the O.C.G.A.; and, as provided in subsection (b) of Code Section 15-7-21, the full-time judge of the state court shall not engage in the private practice of law. (3) The judge of said court shall receive an annual salary equal to 60 percent of the gross salary as defined in paragraph (4) of this subsection which shall be payable out of the funds of Mitchell County at the same intervals as installments are paid to other county employees. (4) For the purposes of paragraph (3) of this subsection, the term 'gross salary' shall mean the annual salary received by a superior court judge, from state funds only, effective July 1, 2007, plus any increases in said annual salary for superior court judges, from state funds only, on or after July 1, 2007."
SECTION 2. This Act shall become effective July 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.
HB 206. By Representative Shaw of the 176th:
A BILL to be entitled an Act to provide that the judge of the Probate Court of Clinch County shall also serve as the chief magistrate of the Magistrate Court of Clinch County on and after January 1, 2009; to provide for the compensation of such judge for service as chief magistrate; to provide for the continuation in office and expiration of term of the current chief magistrate; to repeal conflicting laws; and for other purposes.

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

By unanimous consent, the following roll call vote was made applicable to 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B
Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S
Day

Y Dempsey Y Dickson
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 Frazier Y Freeman
Gardner Y Geisinger Y Glanton
Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A Y Holmes

Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley E Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight E Knox Y Lakly Y Lane, B Y Lane, R Y Levitas 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 E McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix
Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders E Sailor Y Scott, A

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

On the passage of the Bills, the ayes were 154, nays 0.

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

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273

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 10. By Senators Johnson of the 1st, Rogers of the 21st, Weber of the 40th, Schaefer of the 50th, Hill of the 32nd 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 enact the "Georgia Special Needs Scholarship Act"; to provide for a short title; to define certain terms; to provide for scholarships for public school students with disabilities to attend eligible private schools; to provide for qualifications and criteria for the scholarship program; to establish certain requirements for private schools that participate in the scholarship program; to provide for the amount of scholarship and method of payments; to authorize the State Board of Education to promulgate certain rules; to provide for related matters; to provide for an effective date and applicability; 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 10.

By Senators Johnson of the 1st, Rogers of the 21st, Weber of the 40th, Schaefer of the 50th, Hill of the 32nd 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 enact the "Georgia Special Needs Scholarship Act"; to provide for a short title; to define certain terms; to provide for scholarships for public school students with disabilities to attend eligible private schools; to provide for qualifications and criteria for the scholarship program; to establish certain requirements for private schools that participate in the scholarship program; to provide for the amount of scholarship and method of payments; to authorize the State Board of Education to promulgate certain rules; 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 Education.

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

Burkhalter of the 50th, Davis of the 109th, Abdul-Salaam of the 74th, Mangham of the 94th, and Hugley of the 133rd.

The Speaker Pro Tem assumed the Chair.

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

HR 21. By Representatives Dickson of the 6th, Meadows of the 5th, Williams of the 4th and Forster of the 3rd:

A RESOLUTION honoring the services of Mr. Elbert Shaw, Jr., of Dalton, Georgia, and designating the Dalton Regional Youth Detention Center as the Elbert Shaw, Jr. Regional Youth Detention Center; and for other purposes.

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

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

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas

Y Dempsey Y Dickson 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 E Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton

Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley E Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight E Knox Y Lakly Y Lane, B Y Lane, R

Y Martin Y Maxwell Y May E McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan
Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett

E Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F
Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet
Thomas, A.M Y Thomas, B Y Tumlin

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275

Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S
Day

Y Hanner E 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 Levitas 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 Reece
Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders E Sailor Y Scott, A

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

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

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

Representatives Sinkfield of the 60th 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 Speaker assumed the Chair.

The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 126. By Representative Williams of the 165th:
A RESOLUTION commending the contributions of black contractors to the State of Georgia, recognizing February 1, 2007, as "Black Contractors Day" in Georgia, and inviting representatives from the Black Contractors Association to appear before the House of Representatives; and for other purposes.

The following Resolutions of the House were read and adopted:

HR 156. By Representatives Abdul-Salaam of the 74th, Johnson of the 75th, Jordan of the 77th, Starr of the 78th, Glanton of the 76th and others:

A RESOLUTION remembering and honoring the life of David Scott; and for other purposes.
HR 159. By Representatives Jerguson of the 22nd, Byrd of the 20th and Hill of the 21st:
A RESOLUTION commending the Sequoyah High School Lady Chiefs fast pitch softball team; and for other purposes.

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HR 160. By Representative Holt of the 112th:
A RESOLUTION recognizing and commending Kathryn G. Allen; and for other purposes.
HR 161. By Representative Holt of the 112th:
A RESOLUTION honoring and remembering the life of Eve Marie Standard, assistant director of the Newton County Board of Elections; and for other purposes.
HR 162. By Representatives Smith of the 113th, Burkhalter of the 50th, Manning of the 32nd, Hill of the 180th and Butler of the 18th:
A RESOLUTION expressing regret at the passing of William Littleton Collins; and for other purposes.
HR 163. By Representatives Millar of the 79th, Chambers of the 81st, Jacobs of the 80th, Cooper of the 41st and Wilkinson of the 52nd:
A RESOLUTION commending Paul and Edna Jennings on the occasion of their fiftieth wedding anniversary; and for other purposes.
HR 164. By Representatives Ralston of the 7th and Amerson of the 9th:
A RESOLUTION Celebrating the sesquicentennial anniversary of Dawson County; and for other purposes.
HR 165. By Representatives Jerguson of the 22nd, Byrd of the 20th and Hill of the 21st:
A RESOLUTION commending the Woodstock High School Lady Wolverines fast pitch softball team; and for other purposes.
HR 166. By Representatives Epps of the 128th, Buckner of the 130th, Nix of the 69th and Smyre of the 132nd:
A RESOLUTION honoring President Franklin Delano Roosevelt and commending the City of Warm Springs upon its commemoration of the 125th anniversary of his birth; and for other purposes
HR 167. By Representatives Thomas of the 55th, Brooks of the 63rd, Mosby of the 90th, Beasley-Teague of the 65th, Jones of the 44th and others:

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A RESOLUTION commending Let Us Make Man - The Gathering to Reclaim Black Manhood; 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.

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Representative Hall, Atlanta, Georgia

Friday, February 2, 2007

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 Abrams Amerson Ashe E Barnard Bearden E Beasley-Teague Benton Bridges Brooks Bruce Bryant E Buckner Burkhalter Burns Byrd Carter, B Casas Chambers Coan Cole Coleman Collins Cooper Crawford, R Davis, H Davis, S Day Dempsey Dickson

Ehrhart England Epps Everson Fleming Floyd, J Fludd E Forster Franklin Frazier Freeman Gardner Glanton Golick Gordon Graves Greene Hamilton E Harbin Hatfield Heard, J Heard, K Heckstall Hembree E Henson Hill, C.A Holt Horne Houston Howard

E Hudson Hugley
E Jackson Jacobs James Jamieson Jenkins Jerguson Johnson, C Johnson, T Jones, S Kaiser Keen Keown Knight
E Knox Lakly Lane, B Lane, R Levitas Lewis Lindsey Loudermilk Lunsford Maddox Manning Martin Maxwell May

McCall McKillip Meadows Millar Mills Mitchell Morgan Morris Mosby Mumford Murphy Neal Nix O'Neal Parham Parrish Parsons Peake Porter Powell Pruett Ralston Randall E Reece Reese Rice Roberts Rogers Royal

Rynders E Sailor
Scott, A Sellier Setzler Shaw Sheldon Sims, B Sims, F E Smith, B Smith, L Smith, R Smith, T Smith, V Starr Stephens Stephenson Talton Teilhet Tumlin Walker Wilkinson Willard Williams, A Williams, E Williams, M 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, Butler of the 18th, Carter of the 175th, Channell of the 116th, Cheokas of the 134th, Cox of the 102nd, Crawford of the 127th, Drenner of the 86th, Dukes of the 150th, Floyd of the 99th, Geisinger of the 48th, Hanner of the 148th, Hill of the 21st, Jordan of the 77th, Lord of the 142nd, Lucas of the 139th, Mangham of the 94th, Marin of the 96th, Oliver of the 83rd, Scott of the 2nd, Shipp of the 58th, Sims of the 169th, Sinkfield of the 60th, Stanley-Turner of the 53rd, Thomas of the 55th, Thomas of the 100th, Watson of the 91st, and Wix of the 33rd.

FRIDAY, FEBRUARY 2, 2007

279

They wish to be recorded as present.
Prayer was offered by Reverend Ken Carson, New Bethel Christian Fellowship, LaFayette, Georgia.
The members pledged allegiance to the flag.
Representative Lakly of the 72nd, 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 264. By Representatives Millar of the 79th, Willard of the 49th, Geisinger of the 48th and Wilkinson of the 52nd:
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 definitions; to provide for legislative intent; 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.

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Referred to the Committee on Ways & Means.
HB 265. By Representative Lane of the 167th:
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 repeal the provisions of law providing for county surveyors; to provide for the continuation in office of county surveyors who were elected to office until the end of their current terms of office; to provide for the abolishing of the offices of appointed county surveyors; 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 266. By Representative Hill of the 180th:
A BILL to be entitled an Act to authorize Camden County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 267. By Representative Hill of the 180th:
A BILL to be entitled an Act to authorize the City of St. Marys 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 Intragovernmental Coordination - Local.
HB 268. By Representatives Davis of the 109th, Franklin of the 43rd and Lane of the 167th:
A BILL to be entitled an Act to amend Article 9 of Chapter 9 of Title 46 of the Official Code of Georgia Annotated, relating to the Georgia Rail Passenger Authority, so as to repeal said article in its entirety; to provide for

FRIDAY, FEBRUARY 2, 2007

281

related matters; to provide for an effective date; to repeal conflicting provisions; and for other purposes.
Referred to the Committee on Transportation.
HB 269. By Representatives Davis of the 109th and Lakly of the 72nd:
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 funding for 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 270. By Representatives Ralston of the 7th, Benton of the 31st, Oliver of the 83rd, Carter of the 159th and Fleming of the 117th:
A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 11 of Title 15 of the O.C.G.A., relating to general provisions in juvenile proceedings, so as to change provisions relating to the appointment of a guardian ad litem; to provide for definitions; to change provisions relating to a court appointed special advocate including appointment, training, role, and responsibilities; to provide for notice of juvenile court proceedings to a court appointed special advocate; to provide for a court appointed special advocate's access to records; to provide for confidentiality of certain information; to provide for immunity for a court appointed special advocate; to provide for removal of a court appointed special advocate; 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 271. By Representative Powell of the 29th:
A BILL to be entitled an Act to amend Part 7 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to watercraft held in inventory, 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.

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HB 272. By Representatives Lewis of the 15th, Stephens of the 164th, Martin of the 47th, Ralston of the 7th, Williams of the 4th 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 a phased-in exemption with respect to state sales and use tax for the sale of natural or artificial gas, electricity, or any other energy used directly or indirectly in the manufacture or processing of tangible personal property; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 273. 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 Intragovernmental Coordination - Local.
HB 274. By Representatives Lindsey of the 54th and Kaiser of the 59th:
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.
Referred to the Committee on Judiciary.
HB 275. By Representatives Henson of the 87th, Stephenson of the 92nd, Watson of the 91st, Drenner of the 86th, 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 municipalities, so as to provide for additional requirements with respect to local Acts of the General Assembly proposing the creation of new municipal corporations; to

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provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 276. By Representatives Setzler of the 35th, Hill of the 21st, Brooks of the 63rd and Loudermilk of the 14th:
A BILL to be entitled an Act to amend Title 10 of the O.C.G.A., relating to commerce and trade, so as to provide a short title; to provide for definitions; to set forth the purposes of the Biometric Information Protection Act; to provide for civil and criminal penalties; to provide for venue; to prohibit the use of genetic information for the issuance of life insurance; to prohibit the use of genetic information in employment decisions; to prohibit the use of biometric information in enrollment decisions in educational institutions; to provide for information on public and private identification and access cards; to define certain unfair business practices for preferential treatment of customers that reveal biometric information; to prohibit the implanting of biometric sensors or personal location tracking devices; to provide for the release of biometric or genetic information to legal authorities; 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 277. By Representatives Peake of the 137th, Smith of the 113th, Burkhalter of the 50th, Ehrhart of the 36th, O`Neal of the 146th and others:
A BILL to be entitled an Act to amend Code Section 40-2-86.21 of the Official Code of Georgia Annotated, relating to special license plates promoting certain beneficial projects and supporting certain worthy agencies, funds, or nonprofit corporations, so as to provide for a special license plate supporting the Georgia Junior Golf Foundation; to provide for the disbursement of funds; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 278. By Representatives Thomas of the 55th, Sims of the 169th, Jones of the 44th, Brooks of the 63rd and Jacobs of the 80th:
A BILL To be entitled an Act to amend Code Section 10-14-18, relating to the duties of a registrant and a written contract under the "Georgia Cemetery and Funeral Services Act of 2000," so as to provide that a plat marked with

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the location of a grave space shall be attached to a contract, where appropriate; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 279. By Representatives Collins of the 27th, Cooper of the 41st, Burkhalter of the 50th, Lunsford of the 110th, Ralston of the 7th 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 require certain procedures for determinations relating to eligibility for medical assistance through the Katie Beckett waiver program for children with Spina Bifida who have Myelomeningocele; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 280. By Representatives Manning of the 32nd, Johnson of the 37th, Tumlin of the 38th, Teilhet of the 40th and Mumford of the 95th:
A BILL to be entitled an Act to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, so as to present legislative findings; to define terms; to ban the sale of marijuana flavored products to minors; to provide for a penalty; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Children & Youth.
HB 281. By Representatives Benfield of the 85th, Manning of the 32nd, Talton of the 145th, Chambers of the 81st, Oliver of the 83rd and others:
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 the regulation of controlled substances, so as to create a drug-free zone for child care learning centers; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 282. By Representatives Stephens of the 164th, Martin of the 47th, Keen of the 179th and Carter of the 159th:

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285

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 engines, parts, equipment, or other tangible personal property used in the maintenance or repair of certain aircraft; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ways & Means.

HR 157. By Representatives Bruce of the 64th, Willard of the 49th, Keown of the 173rd, Williams of the 89th, Stephenson of the 92nd and others:

A RESOLUTION creating the Joint Study Committee on the Continuing Education of Special Needs Individuals; and for other purposes.

Referred to the Committee on Education.

HR 158. By Representative Powell of the 29th:

A RESOLUTION proposing an amendment to the Constitution so as to require the freezing of existing residential real property values and to provide that residential real property and interests therein shall be appraised for ad valorem taxation purposes at their fair market value as of the date of the owner's acquisition thereof; to provide for 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 168. By Representatives Benfield of the 85th, Gardner of the 57th, Henson of the 87th, Morgan of the 39th, Oliver of the 83rd and others:

A RESOLUTION urging Congress to adopt the "United States National Health Insurance Act (or the Expanded and Improved Medicare for All Act)," H.R. 676; 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 245 HB 246

HB 256 HB 257

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HB 247 HB 248 HB 249 HB 250 HB 251 HB 252 HB 253 HB 254 HB 255

HB 258 HB 259 HB 260 HB 261 HB 262 HB 263 HR 149 HR 150 SB 10

Representative Morris of the 155th District, Chairman of the Committee on Code Revision, submitted the following report:

Mr. Speaker:

Your Committee on Code Revision 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 213 Do Pass

Respectfully submitted, /s/ Morris of the 155th
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 - 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 211 HB 212 HB 215

Do Pass Do Pass Do Pass

HB 223 Do Pass HB 234 Do Pass

Respectfully submitted, /s/ Rynders of the 152nd
Chairman

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287

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 56 Do Pass, by Substitute

Respectfully submitted, /s/ Smith of the 70th
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 93 Do Pass The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR FRIDAY, FEBRUARY 2, 2007

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 81

Salt water fishing; charter fishing guide and pier fishing licenses; provisions (GF&P-180th)

HB 105 Animals; poultry; revise certain provisions (Substitute)(A&CA-172nd)

Modified Open Rule

None

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Modified Structured Rule

HB 39

Public records; confidential information not disclosed; provide (Judy-81st)

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 order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Budget and Fiscal Affairs Oversight:

HB 91. By Representatives Chambers of the 81st, Harbin of the 118th, Ehrhart of the 36th and Martin of the 47th:

A BILL to be entitled an Act to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to organization of the executive branch generally, so as to require each department, commission, authority, and agency of the executive branch of government to provide certain reports annually to the General Assembly; to provide for the contents of such reports; to provide for the time of submitting such reports; to provide for related matters; to repeal conflicting laws; and for other purposes.

Representative Heard of the 114th moved that the following Bill of the House be withdrawn from the Local Calendar and recommitted to the Committee on Intragovernmental Coordination - Local:

HB 215. By Representatives Heard of the 114th, Smith of the 113th and McKillip of the 115th:

A BILL to be entitled an Act to amend an Act establishing a City Court in the County of Clarke, formerly known as the State Court of Clarke County, Georgia, approved September 8, 1879 (Ga. L. 1878-79, p. 291), as amended, so as to repeal certain provisions relating to the office of the clerk of the State Court of Athens-Clarke County, Georgia; to provide for continuing the existing term of the present judge of said court; to provide that the present

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289

judge of the court be designated chief judge; to provide that the current compensation of the present judge of the court shall be the compensation to be paid to the chief judge of said court; to add a judge to said court; to provide for the appointment, election, term of office, and compensation of said additional judge and for the election of successors to such judge; to provide effective dates; to repeal conflicting laws; and for other purposes.
The motion prevailed.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 211. By Representatives Scott of the 153rd and Roberts of the 154th:
A BILL to be entitled an Act to authorize Tift County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 212. By Representatives Scott of the 153rd and Roberts of the 154th:
A BILL to be entitled an Act to authorize the City of Tifton 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 223. By Representatives Butler of the 18th, Nix of the 69th and Bearden of the 68th:
A BILL to be entitled an Act to provide for a method of distribution of the net proceeds of the sales tax for education purposes levied in Carroll County; to provide for the method of distribution of proceeds of such tax between the Carroll County School District and the independent school districts located

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wholly or partially within Carroll County, including particularly the City of Carrollton School System and the City of Bremen School System; to provide for authority under Article VIII, Section VI, Paragraph IV of the Constitution; 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 234. By Representative Channell of the 116th:

A BILL to be entitled an Act to create a board of elections and registration for Greene 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.

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 Abrams Y Amerson Y Ashe E Barnard Y Bearden
Beasley-Teague Benfield Y Benton Y Black Y Bridges Y Brooks

Y Dempsey Y Dickson
Dollar Y Drenner Y Dukes
Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J

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

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F
Sinkfield E Smith, B Y Smith, L

FRIDAY, FEBRUARY 2, 2007

291

Y Bruce Y Bryant E Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Fludd E Forster Y Franklin Y Frazier Y Freeman Y Gardner
Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight E Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord
Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning
Marin

Y Mumford Y Murphy
Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall E Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders E Sailor Y Scott, A

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

On the passage of the Bills, the ayes were 154, 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 members were recognized during the period of Morning Orders and addressed the House:

Davis of the 109th, Glanton of the 76th, Lane of the 158th, Rogers of the 26th, and Gardner of the 57th.

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

HR 93. By Representative Freeman of the 140th:

A RESOLUTION commending musician and conservationist Chuck Leavell and inviting him to appear before the House of Representatives; and for other purposes.

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

HR 169. By Representatives Davis of the 109th, Everson of the 106th, England of the 108th, Lindsey of the 54th, Hembree of the 67th and others:

A RESOLUTION commending the energy relief efforts of President George W. Bush, the United States Congress, and the Georgia General Assembly; 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 81. By Representatives Hill of the 180th, Lane of the 158th, Barnard of the 166th, Burns of the 157th, Williams of the 165th and others:

A BILL to be entitled an Act to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change certain provisions relating to definitions; to change certain provisions relating to charter fishing guide and pier fishing licenses, fees, and maintenance of records; to provide for new licenses relative to salt water fishing; to 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 Abrams Y Amerson Y Ashe E Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant E Buckner
Burkhalter Y Burns Y Butler Y Byrd

Y Dempsey Y Dickson Y 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 N Franklin Y Frazier Y Freeman Y Gardner Y Geisinger

Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley E Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham

N Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F
Sinkfield E Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner Y Starr Y Stephens

FRIDAY, FEBRUARY 2, 2007

293

Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S
Day

Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Keown Y Knight E Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord N Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston E Randall E Reece Y Reese
Rice Y Roberts Y Rogers Y Royal Y Rynders E Sailor Y Scott, A

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

On the passage of the Bill, the ayes were 158, nays 3.

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

Representatives Burkhalter of the 50th 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.

Mr. Clerk:

Re: HB 81

I was in the chamber but too far from my desk when the vote was taken on HB 81.

I wish to be recorded as voting "aye".

Thanks

-Rep. Burke Day 163rd

2/2/07

HB 105. By Representatives Maddox of the 172nd, McCall of the 30th, Roberts of the 154th and England of the 108th:

A BILL to be entitled an Act to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to revise certain provisions relative to poultry; to change certain provisions relating to rendering plant

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license requirement, expiration, and fees; to change certain provisions relating to poultry dealer, broker, and market operator license requirement and record requirements, transportation equipment, and disposal of poultry; to change certain provisions relating to hatchery operator and poultry remedy manufacturer licenses; to change certain provisions relating to use of sulfaguanidine and sulfathiazole for poultry; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to revise certain provisions relative to poultry; to change certain provisions relating to rendering plant license requirement, expiration, and fees; to change certain provisions relating to poultry dealer, broker, and market operator license requirement and record requirements, transportation equipment, and disposal of poultry; to change certain provisions relating to hatchery operator and poultry remedy manufacturer licenses; to change certain provisions relating to use of sulfaguanidine and sulfathiazole for poultry; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 4 of the Official Code of Georgia Annotated, relating to animals, is amended by revising Code Section 4-4-41, relating to rendering plant license requirement, expiration, and fees, as follows:
"4-4-41. It shall be unlawful for any person, firm, partnership, or corporation to engage in the business of operating a rendering plant without first applying for and obtaining a license from the Commissioner of Agriculture. Each license shall expire on December 31 of each year, and each application for a license must be accompanied by a license fee of $5.00. The commissioner may by rule or regulation establish a fee for such license in such an amount as is reasonable and necessary to offset part or all of the cost of administering such licensing program."
SECTION 2. Said title is further amended by revising subsections (a) and (c) of Code Section 4-4-82, relating to poultry dealer, broker, and market operator license requirement and record requirements, transportation equipment, and disposal of poultry, as follows:
"(a) No poultry market operator shall engage in or carry on such business without first applying for and obtaining a license from the Commissioner. No poultry dealer or broker shall engage in or carry on such business without first applying for and obtaining

FRIDAY, FEBRUARY 2, 2007

295

a license from the Commissioner. There shall be a fee of $25.00 per annum for such license. The commissioner may by rule or regulation establish a fee for such license in such an amount as is reasonable and necessary to offset part or all of the cost of administering such licensing program." "(c) No dealer, broker, or poultry market operator shall buy, store, or otherwise receive any poultry without first recording the name and address of of and other pertinent information required by the department relating to the person or persons from whom the poultry is received, and the number and type of such poultry, and the motor vehicle license tag number of the vehicle used by the person or persons to transport the poultry. The dealer, broker, or poultry market operator shall also keep records of the name and address of of and other pertinent information required by the department relating to the person or persons buying such poultry. These records shall be maintained for two years. All records shall be subject to review by the Commissioner or a representative or employee of the department."
SECTION 3. Said title is further amended by revising Code Section 4-7-3, relating to hatchery operator and poultry remedy manufacturer licenses, as follows:
"4-7-3. (a) Every person, firm, corporation, or dealer who operates a hatchery shall first register and secure a permanent license from the Commissioner. The fee for such permanent license shall be fixed by the Commissioner in an amount not to exceed $10.00 for each hatchery, dealer, or branch. The commissioner may by rule or regulation establish a fee for such license in such an amount as is reasonable and necessary to offset part or all of the cost of administering such licensing program. The license shall be conspicuously displayed in each place of business. The license shall not be transferable. When any condition is revealed to exist which is not in strict accord with this chapter, the license may be revoked or suspended by the Commissioner, in his or her discretion. (b) Manufacturers of poultry remedies, before offering for sale each of such remedies in the state for treatment, eradication, or control of poultry diseases, shall first secure a license from and be approved by the Commissioner, at his or her discretion. The fee for such license shall be $1.00 for each remedy. The commissioner may by rule or regulation establish a fee for such license in such an amount as is reasonable and necessary to offset part or all of the cost of administering such licensing program."
SECTION 4. Said title is further amended by revising Code Section 4-7-5, relating to use of sulfaguanidine and sulfathiazole for poultry, as follows:
"4-7-5. (a) It shall be lawful in this state for any recognized poultry flock owners to buy and use sulfaguanidine and sulfathiazole in original packages in powdered form only for

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their own requirements in the treatment of poultry diseases. Dealers in poultry supplies may buy and sell sulfaguanidine and sulfathiazole. (b) No person, firm, or corporation in this state shall sell or offer for sale sulfaguanidine or sulfathiazole unless each is plainly labeled with the words 'For Poultry Only.' Reserved."

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 Abrams Y Amerson Y Ashe E Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant E Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H
Davis, S Y Day

Y Dempsey Y Dickson Y 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 N Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton 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 N Horne Y Houston Y Howard
Hudson Y Hugley E Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight E Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord
Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning N Marin

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston E Randall E Reece Y Reese Y Rice Y Roberts N Rogers Y Royal Y Rynders E Sailor Y Scott, A

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

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297

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.

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.

Representative Marin of the 96th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 39. By Representatives Chambers of the 81st, Jacobs of the 80th, Millar of the 79th, Willard of the 49th, Lindsey of the 54th and others:

A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exceptions and exemptions to requirements for disclosure of public records, so as to clarify an exception; to provide that public disclosure shall not be required for records that are specifically required by federal statute or regulation to be kept confidential; to repeal conflicting laws; and for other purposes.

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 Abrams Y Amerson Y Ashe E Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant E Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas

Y Dempsey Y Dickson Y 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight E Knox

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F
Sinkfield E Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet

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Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Graves Y Greene Y Hamilton 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 Lakly Y Lane, B Y Lane, R Y Levitas 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 Pruett Y Ralston E Randall E Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders E Sailor Y Scott, A

Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M 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 Resolutions of the House were read and adopted:

HR 172. By Representatives Thomas of the 55th, Jones of the 44th and BeasleyTeague of the 65th:

A RESOLUTION expressing regret at the passing of June Mundy; and for other purposes.

HR 173. By Representatives Benfield of the 85th, Gardner of the 57th, Drenner of the 86th, Shipp of the 58th, Oliver of the 83rd and others:

A RESOLUTION recognizing and commending the Young Women's Christian Association of Greater Atlanta; and for other purposes.

HR 174. By Representative Hugley of the 133rd:

A RESOLUTION honoring and remembering the life of Dr. James Clarence Mosley, Jr.; and for other purposes.

HR 175. By Representatives Byrd of the 20th, Hill of the 21st, Hamilton of the 23rd, Jerguson of the 22nd and Cooper of the 41st:

A RESOLUTION recognizing February 9, 2007, as "Epilepsy Awareness Day"; and for other purposes.

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299

HR 176. By Representatives Butler of the 18th, Nix of the 69th and Bearden of the 68th:
A RESOLUTION recognizing and commending the Carroll County Chamber of Commerce; and for other purposes.
HR 177. By Representatives Brooks of the 63rd and Frazier of the 123rd:
A RESOLUTION commending the life and work of the Honorable Clayton Neely, Jr.; and for other purposes.
HR 178. By Representatives Davis of the 109th, Lane of the 167th, Benton of the 31st, England of the 108th, Loudermilk of the 14th and others:
A RESOLUTION commending musician Toby Keith; and for other purposes.
HR 179. By Representatives Collins of the 27th, Rogers of the 26th, Mills of the 25th and Benton of the 31st:
A RESOLUTION commending Erika Carr; and for other purposes.
HR 180. By Representatives Lane of the 158th, Jerguson of the 22nd, Hill of the 180th, Tumlin of the 38th, Carter of the 159th and others:
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 181. By Representatives Loudermilk of the 14th, Lewis of the 15th and Graves of the 12th:
A RESOLUTION commending Jared Mikkel Gore; and for other purposes.
The following communications were received:
Legislative Services Committee
Office of Legislative Counsel 316 State Capitol Atlanta, GA 30334
January 30, 2007

300

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Honorable Karen Handel Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Secretary of State Handel:
Enclosed is a certificate from the Lieutenant Governor and the Speaker of the House of Representatives certifying that Honorable Billy Langdale was elected as the member of the State Transportation Board from the Second Congressional District. He will serve for a term expiring April 15, 2008. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20.
With best regards, I am
Sincerely yours, /s/ Sewell R. Brumby
Legislative Counsel
SRB:dd Enclosures
cc: Honorable Sonny Perdue Honorable Casey Cagle Honorable Glenn Richardson Honorable Eric Johnson Honorable Billy Langdale Honorable Bob Hanner Honorable Calvin Smyre Mr. Harold Linnenkohl Mr. Bob Ewing Mr. Robert E. Rivers, Jr.
Legislative Services Committee
Office of Legislative Counsel 316 State Capitol Atlanta, GA 30334
TO: HONORABLE KAREN HANDEL SECRETARY OF STATE

FRIDAY, FEBRUARY 2, 2007

301

This is to certify that Honorable Billy Langdale 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 Second Congressional District for a term expiring April 15, 2008.
This 25th day of January, 2007.
/s/ Casey Cagle HONORABLE CASEY CAGLE LIEUTENANT GOVERNOR
/s/ Glenn Richardson HONORABLE 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 32-220, a caucus was held on January 11, 2007, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Billy Langdale was elected as the member of the State Transportation Board from the Second Congressional District to serve a term expiring April 15, 2008.
Respectfully submitted,
/s/ Bob Hanner Honorable Bob Hanner Representative, District 148 CHAIRMAN
/s/ Calvin Smyre Honorable Calvin Smyre Representative, District 132 SECRETARY
Legislative Services Committee
Office of Legislative Counsel 316 State Capitol Atlanta, GA 30334

302

JOURNAL OF THE HOUSE

January 30, 2007
Honorable Karen Handel Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Secretary of State Handel:
Enclosed is a certificate from the Lieutenant Governor and the Speaker of the House of Representatives certifying that Honorable Sam Wellborn was elected as the member of the State Transportation Board from the Third Congressional District. He will serve for a term expiring April 15, 2012. 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 R. Brumby
Legislative Counsel
SRB:dd Enclosures
cc: Honorable Sonny Perdue Honorable Casey Cagle Honorable Glenn Richardson Honorable Eric Johnson Honorable Sam Wellborn Honorable Bill Hamrick Honorable Seth Harp Mr. Harold Linnenkohl Mr. Bob Ewing Mr. Robert E. Rivers, Jr.
Legislative Services Committee
Office of Legislative Counsel 316 State Capitol Atlanta, GA 30334
TO: HONORABLE KAREN HANDEL SECRETARY OF STATE

FRIDAY, FEBRUARY 2, 2007

303

This is to certify that Honorable Sam Wellborn 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 Third Congressional District for a term expiring April 15, 2012.
This 25th day of January, 2007.
/s/ Casey Cagle HONORABLE CASEY CAGLE LIEUTENANT GOVERNOR
/s/ Glenn Richardson HONORABLE 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 32-220, a caucus was held on January 11, 2007, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Sam Wellborn was elected as the member of the State Transportation Board from the Third Congressional District to serve a term expiring April 15, 2012.
Respectfully submitted,
/s/ Bill Hamrick Honorable Bill Hamrick Senator, District 30 CHAIRMAN
/s/ Seth Harp Honorable Seth Harp Senator, District 29 SECRETARY
Legislative Services Committee
Office of Legislative Counsel 316 State Capitol Atlanta, GA 30334

304

JOURNAL OF THE HOUSE

January 30, 2007
Honorable Karen Handel Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Secretary of State Handel:
Enclosed is a certificate from the Lieutenant Governor and the Speaker of the House of Representatives certifying that Honorable Garland Pinholster was elected as the member of the State Transportation Board from the Sixth Congressional District. He will serve for a term expiring April 15, 2009. 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 R. Brumby
Legislative Counsel
SRB:dd Enclosures
cc: Honorable Sonny Perdue Honorable Casey Cagle Honorable Glenn Richardson Honorable Eric Johnson Honorable Garland Pinholster Honorable Wendell Willard Honorable Jill Chambers Mr. Harold Linnenkohl Mr. Bob Ewing Mr. Robert E. Rivers, Jr.
Legislative Services Committee
Office of Legislative Counsel 316 State Capitol Atlanta, GA 30334
TO: HONORABLE KAREN HANDEL SECRETARY OF STATE

FRIDAY, FEBRUARY 2, 2007

305

This is to certify that Honorable Garland Pinholster 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 Sixth Congressional District for a term expiring April 15, 2009.
This 25th day of January, 2007.
/s/ Casey Cagle HONORABLE CASEY CAGLE LIEUTENANT GOVERNOR
/s/ Glenn Richardson HONORABLE 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 32-220, a caucus was held on January 11, 2007, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Garland Pinholster was elected as the member of the State Transportation Board from the Sixth Congressional District to serve a term expiring April 15, 2009.
Respectfully submitted,
/s/ Wendell K. Willard Honorable Wendell Willard Representative, District 49 CHAIRMAN
/s/ Jill Chambers Honorable Jill Chambers Representative, District 81 SECRETARY
Legislative Services Committee
Office of Legislative Counsel 316 State Capitol Atlanta, GA 30334

306

JOURNAL OF THE HOUSE

January 30, 2007
Honorable Karen Handel Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Secretary of State Handel:
Enclosed is a certificate from the Lieutenant Governor and the Speaker of the House of Representatives certifying that Honorable Rudy Bowen was elected as the member of the State Transportation Board from the Seventh Congressional District. He will serve for a term expiring April 15, 2010. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20.
With best regards, I am
Sincerely yours, /s/ Sewell R. Brumby
Legislative Counsel
SRB:dd Enclosures
cc: Honorable Sonny Perdue Honorable Casey Cagle Honorable Glenn Richardson Honorable Eric Johnson Honorable Rudy Bowen Honorable David Shafer Honorable David Casas Mr. Harold Linnenkohl Mr. Bob Ewing Mr. Robert E. Rivers, Jr.
Legislative Services Committee
Office of Legislative Counsel 316 State Capitol Atlanta, GA 30334
TO: HONORABLE KAREN HANDEL SECRETARY OF STATE

FRIDAY, FEBRUARY 2, 2007

307

This is to certify that Honorable Rudy Bowen 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 Seventh Congressional District for a term expiring April 15, 2010.
This 25th day of January, 2007.
/s/ Casey Cagle HONORABLE CASEY CAGLE LIEUTENANT GOVERNOR
/s/ Glenn Richardson HONORABLE 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 32-220, a caucus was held on January 11, 2007, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Rudy Bowen was elected as the member of the State Transportation Board from the Seventh Congressional District to serve a term expiring April 15, 2010.
Respectfully submitted,
/s/ David Shafer Honorable David Shafer Senator, District 48 CHAIRMAN
/s/ David Casas Honorable David Casas Representative, District 103 SECRETARY
Legislative Services Committee
Office of Legislative Counsel 316 State Capitol Atlanta, GA 30334

308

JOURNAL OF THE HOUSE

January 30, 2007
Honorable Karen Handel Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Secretary of State Handel:
Enclosed is a certificate from the Lieutenant Governor and the Speaker of the House of Representatives certifying that Honorable Larry Walker was elected as the member of the State Transportation Board from the Eighth Congressional District. He will serve for a term expiring April 15, 2012. 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 R. Brumby
Legislative Counsel
SRB:dd Enclosures
cc: Honorable Sonny Perdue Honorable Casey Cagle Honorable Glenn Richardson Honorable Eric Johnson Honorable Larry Walker Honorable Jay Roberts Honorable Joseph Carter Mr. Harold Linnenkohl Mr. Bob Ewing Mr. Robert E. Rivers, Jr.
Legislative Services Committee
Office of Legislative Counsel 316 State Capitol Atlanta, GA 30334
TO: HONORABLE KAREN HANDEL SECRETARY OF STATE

FRIDAY, FEBRUARY 2, 2007

309

This is to certify that Honorable Larry Walker 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 Eighth Congressional District for a term expiring April 15, 2012.
This 25th day of January, 2007.
/s/ Casey Cagle HONORABLE CASEY CAGLE LIEUTENANT GOVERNOR
/s/ Glenn Richardson HONORABLE 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 32-220, a caucus was held on January 11, 2007, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Larry Walker was elected as the member of the State Transportation Board from the Eighth Congressional District to serve a term expiring April 15, 2012.
Respectfully submitted,
/s/ Jay Roberts Honorable Jay Roberts Representative, District 154 CHAIRMAN
/s/ Joseph Carter Honorable Joseph Carter Senator, District 13 SECRETARY
Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Thursday, February 8, 2007.

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Representative Hall, Atlanta, Georgia

Thursday, February 8, 2007

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 Abrams Amerson Ashe Barnard Bearden
E Beasley-Teague Benfield Benton Black Bridges Brooks Bruce Bryant Buckner Burkhalter Burns Byrd Carter, A Carter, B Casas Chambers Cheokas Coan Cole Coleman Collins Cooper Cox Crawford, M Crawford, R Davis, S Day

Dempsey Dickson Dukes Ehrhart England Epps Everson Fleming Floyd, H Floyd, J Fludd Forster Franklin Frazier Freeman Gardner Glanton E Golick Gordon Graves Greene Hamilton Hanner Hatfield Heard, J Heard, K E Heckstall Hembree Hill, C Hill, C.A Holmes Holt

Horne Houston Howard Hugley Jackson James Jamieson Jenkins Jerguson Johnson, C E Johnson, T Jones, J Jones, S Jordan Kaiser Keen Keown Knight Knox Lakly Lane, B Lane, R Levitas Lewis Lindsey Lord Loudermilk Lunsford Maddox Mangham Manning E Marin

Martin Maxwell May McKillip Meadows Millar Mills Mitchell Morris Mosby E Mumford Murphy Neal Nix Oliver O'Neal Parham Parrish Parsons Peake Porter Pruett Ralston Randall Reece Reese Rice Roberts Rogers Royal Rynders E Sailor

Scott, A Scott, M Sellier Setzler Shaw Sheldon Sims, B Sims, C E Sims, F E Sinkfield Smith, B Smith, L Smith, R Smith, T Smith, V E Smyre Stanley-Turner Starr Talton Thomas, A.M Thomas, B Tumlin Walker Watson Wilkinson Williams, A Williams, E Williams, M Williams, R Wix Yates Richardson, Speaker

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

Representatives Butler of the 18th, Channell of the 116th, Dollar of the 45th, Drenner of the 86th, Geisinger of the 48th, Henson of the 87th, Jacobs of the 80th, Lucas of the 139th, Powell of the 29th, Shipp of the 58th, Stephens of the 164th, Teilhet of the 40th, and Willard of the 49th.

THURSDAY, FEBRUARY 8, 2007

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They wish to be recorded as present.
Prayer was offered by Reverend Robert C. White, Jr., Clarkston United Methodist Church, Clarkston, Georgia.
The members pledged allegiance to the flag.
Representative Lakly of the 72nd, 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 283. By Representatives Hatfield of the 177th, Tumlin of the 38th and Lane of the 167th:
A BILL to be entitled an Act to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that certain requests may be required to be in writing; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Judiciary.
HB 284. By Representatives Hatfield of the 177th and Lindsey of the 54th:
A BILL to be entitled an Act to amend Code Section 31-10-25 of the Official Code of Georgia Annotated, relating to disclosure of information contained in vital records, so as to provide that social security numbers shall be redacted from vital records and withheld from public inspection; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 285. By Representatives Stephens of the 164th, Parrish of the 156th and Carter of the 159th:
A BILL to be entitled an Act to amend Code Section 16-13-41 of the Official Code of Georgia Annotated, relating to prescriptions for controlled substances, so as to require positive proof of identity prior to dispensing a prescription; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 286. By Representatives Stephens of the 164th, Parrish of the 156th 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 II controlled substances; to change certain provisions relating to Schedule V controlled substances; to change certain provisions relating to the definition of "dangerous drug"; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 287. By Representatives Carter of the 159th, Cooper of the 41st and Channell of the 116th:
A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to provide for legislative findings; to provide for definitions; to provide for immunity for pain management treatment; to provide for statutory

THURSDAY, FEBRUARY 8, 2007

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construction; to provide for notification of health care providers; to amend Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, so as to establish the Pain Management Ad Hoc Advisory Committee; to provide for such committee's membership, duties, and duration; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 288. By Representatives Graves of the 12th, Lewis of the 15th, Smith of the 113th, Lunsford of the 110th, Lakly of the 72nd and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions relating to public utilities and public transportation, so as to provide that certain utilities shall return consumer deposits under certain conditions; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
HB 289. By Representatives Roberts of the 154th, Freeman of the 140th, Williams of the 178th, Sims of the 119th, Hatfield of the 177th and others:
A BILL to be entitled an Act to amend Article 11 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of public utilities, so as to provide an exemption for eligible expenses for maintenance, repairs, and improvements of a railroad equipment company's railroad cars; 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 Ways & Means.
HB 290. By Representatives Heckstall of the 62nd, Holmes of the 61st, Morgan of the 39th, Sims of the 151st, Brooks of the 63rd and others:
A BILL to be entitled an Act to amend Part 3 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to fire escapes, so as to provide for certain safety requirements for buildings over 15 feet in height; to provide for inspections; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.

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HB 291. By Representatives Wilkinson of the 52nd, Butler of the 18th, Rice of the 51st, Ashe of the 56th, Stephens of the 164th and others:
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 create the Georgia Arts Alliance; to provide for legislative findings; to provide for certain reports and audits; to provide for development of a cultural policy for the State of Georgia; to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the O.C.G.A., relating to other educational programs for elementary and secondary education, so as to provide for the development of a Future Art and Music Teachers Pilot Program; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Economic Development & Tourism.
HB 292. By Representatives Willard of the 49th, Hatfield of the 177th, Lindsey of the 54th, Crawford of the 127th, Lane of the 167th and others:
A BILL to be entitled an Act to amend Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to process in civil practice, so as to provide for service upon persons residing in gated and secured communities; to provide for filing the return of service; to provide for state-wide registration of permanent process servers; to change certain provisions relating to process in civil practice; 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 293. By Representative Davis of the 109th:
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 the comprehensive revision of the "Motor Fuel Tax Law" into the "Gas Unification and Tax Simplification Act of 2007"; to eliminate the second motor fuel tax; to change certain provisions relating to definitions regarding sales and use taxes; to change certain provisions relating to sales and use tax exemptions regarding motor fuel; to change certain provisions relating to dealers sales and use tax returns; to change certain provisions relating to compensation of dealers; to provide for the collection of motor fuel excise taxes at the point of removal of motor fuel from a registered refinery or terminal; to provide for a short title; to provide for definitions; to provide for civil and criminal penalties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Ways & Means.
HB 294. By Representatives Graves of the 12th, Scott of the 2nd, Sims of the 119th, Smith of the 131st, 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 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.
Referred to the Committee on Ways & Means.
HB 295. By Representatives Floyd of the 147th, Roberts of the 154th, James of the 135th and Pruett of the 144th:
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 superior court judgeship for the Cordele 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 declare inherent authority; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 296. By Representatives May of the 111th, Williams of the 178th, Roberts of the 154th, Lane of the 167th, Hembree of the 67th 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 to submit questions to the voters shall be held on certain dates; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.

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HB 297. By Representatives Freeman of the 140th, Stephens of the 164th, Casas of the 103rd, England of the 108th, Roberts of the 154th and others:
A BILL to be entitled an Act to amend Article 22B of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to recreational vehicle dealers, so as to provide for certain exemptions for rallies or conventions involving more than 2500 recreational vehicles; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 298. By Representatives Day of the 163rd and Stephens of the 164th:
A BILL to be entitled an Act to amend Code Section 48-5-48.4 of the Official Code of Georgia Annotated, relating to tax exemptions for unremarried surviving spouses of peace officers and firefighters, so as to provide a definition for the term "in the line of duty" as the term is used to provide a homestead exemption for the full value of the homestead with respect to all ad valorem taxes for designated unremarried surviving spouses of peace officers or firefighters who are killed in the line of duty; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 299. By Representatives Mitchell of the 88th, Heard of the 114th, Lakly of the 72nd, Williams of the 89th, Oliver of the 83rd and others:
A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to the State Board of Funeral Service, so as to prohibit the board from requiring funeral service and embalming businesses from having mandatory hours of operation; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 300. By Representatives Gardner of the 57th, Wilkinson of the 52nd, Lindsey of the 54th, Teilhet of the 40th and Ashe of the 56th:
A BILL to be entitled an Act to amend Code Section 31-12A-6 of the Official Code of Georgia Annotated, relating to exemptions to the "Georgia Smokefree Air Act of 2005," so as to provide an exemption for performers in

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live theater under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 301. By Representatives Reese of the 98th, Knight of the 126th, Roberts of the 154th, Williams of the 165th, Jacobs of the 80th and others:
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 dogfighting and related conduct; to provide for punishments; to define a term; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 302. By Representatives Mumford of the 95th, Mangham of the 94th and Stephenson of the 92nd:
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 303. By Representative Mumford of the 95th:
A BILL to be entitled an Act to amend Code Section 15-11-58 of the Official Code of Georgia Annotated, relating to reasonable efforts regarding reunification of family, reports and plans, custody orders when reunification found not to be in child's best interest, duration of orders, review of determinations, hearings, and supplemental orders, so as to provide that the duration of certain orders in deprivation proceedings may be extended for longer periods; to provide for other party's ability to file certain motions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.

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HB 304. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales of any durable medical equipment prescribed by a physician; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 305. By Representatives Fludd of the 66th and Beasley-Teague of the 65th:
A BILL to be entitled an Act to amend Chapter 37 of Title 36 of the Official Code of Georgia Annotated, relating to acquisition and disposition of property by municipalities, so as to provide for limitations with respect to the amount of real property one municipality may acquire within another municipality; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 306. By Representatives Fludd of the 66th, Beasley-Teague of the 65th and Bruce of the 64th:
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 at a point in time in the process of legislative consideration of a new incorporation, other municipal corporations shall be prohibited from annexing territory proposed for inclusion in a new municipal corporation; to provide for the defeasance of annexations of territory proposed for inclusion in a new municipal corporation when such annexations took place after a point in time; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 307. By Representatives Martin of the 47th and Drenner of the 86th:
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 personal mass transportation expenses; to provide for

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conditions, limitations, and exclusions; to provide for 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 308. By Representatives Benfield of the 85th, Stephenson of the 92nd, Mangham of the 94th, Abdul-Salaam of the 74th and Thomas of the 55th:
A BILL to be entitled an Act to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to 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 procedures; to amend Title 35 of the Official Code of Georgia Annotated, 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 309. By Representative Fleming of the 117th:
A BILL to be entitled an Act to amend Code Section 47-2-244 of the Official Code of Georgia Annotated, relating to optional benefits under the Employees Retirement System of Georgia available to appellate court judges, notice of election of benefits, eligibility for benefits, disability benefits, and survivors benefits, so as to provide that an appellate court judge may begin receiving retirement benefits at age 60 under certain conditions; to provide conditions for an effective date and automatic repeal, to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HR 170. By Representatives McCall of the 30th and England of the 108th:
A RESOLUTION urging the United States Congress to reform U.S. sugar policy; and for other purposes.

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Referred to the Committee on Agriculture & Consumer Affairs.

HR 171. 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.

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

HB 264 HB 265 HB 266 HB 267 HB 268 HB 269 HB 270 HB 271 HB 272 HB 273 HB 274

HB 275 HB 276 HB 277 HB 278 HB 279 HB 280 HB 281 HB 282 HR 157 HR 158 HR 168

The Speaker assumed the Chair.

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 127 HB 151 HR 15

Do Pass Do Pass Do Pass

Respectfully submitted, /s/ Cooper of the 41st
Chairman

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321

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 24 Do Pass, by Substitute HB 118 Do Pass

HB 119 Do Pass, by Substitute HB 120 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 8

Do Pass, by Substitute

HB 168 Do Pass

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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:

HB 90 Do Pass

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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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 106 Do Pass
Respectfully submitted, /s/ Bridges of the 10th
Chairman
The following Resolutions of the House, referred to the House Rules Subcommittee on Invites, were reported by the Committee on Rules with the following recommendations:
HR 120 Do Pass HR 124 Do Pass
Representative Smith of the 129th District, Chairman of the Committee on Transportation, submitted the following report:
Mr. Speaker:
Your Committee on Transportation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 192 Do Pass HB 231 Do Pass, by Substitute
Respectfully submitted, /s/ Smith of the 129th
Chairman

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323

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

HOUSE RULES CALENDAR THURSDAY, FEBRUARY 8, 2007

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 79

Motor vehicles; light transmission through windows; materials; provisions (Substitute)(MotV-3rd)

HB 100 Shrimp and shrimping; revise various provisions (GF&P-180th)

HB 122

Commercial feeds; labeling requirements; exclude equine feed (A&CA108th)

Modified Open Rule

None

Modified Structured Rule

None

Structured Rule

None

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

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

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

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Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 39. By Senators Weber of the 40th, Moody of the 56th, Williams of the 19th, Tarver of the 22nd, Carter of the 13th and others:
A BILL to be entitled an Act to amend Article 31 of Chapter 2 of Title 20 of the O.C.G.A., relating to charter schools, so as to enact the 'Charter Systems Act'; to provide for legislative findings; to provide for the establishment of charter systems; to revise and add definitions; to provide for the establishment of the Charter Advisory Committee; to provide for requirements for petitions for charter systems; to revise certain provisions relating to the approval or denial of a charter petition; to revise certain provisions relating to the review of charters; to provide for terms and renewals of charter systems; to provide for waivers and operating requirements, control, and management for charter systems; to provide for termination of charter systems; to revise provisions for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 44. By Senators Mullis of the 53rd, Tolleson of the 20th, Whitehead, Sr. of the 24th, Thomas of the 2nd, Smith of the 52nd and others:
A BILL to be entitled an Act to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to provide a short title; to provide definitions; to provide for the Georgia Firefighter Standards and Training Council to develop and offer fire officer development training through the Georgia Fire Academy; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 45. By Senators Thomas of the 54th, Unterman of the 45th, Mullis of the 53rd, Harbison of the 15th, Tate of the 38th 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 the establishment of a task force to develop a plan for education on chronic kidney disease; to provide for membership and appointment of members to the task force; to provide for duties and responsibilities; to provide for reports and recommendations from such task force; to provide for related matters; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.

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325

SB 68. By Senators Weber of the 40th, Carter of the 13th, Douglas of the 17th, Moody of the 56th, Thomas of the 54th and others:

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 enact the "Career Academies Act of 2007"; to provide for legislative intent; to provide for definitions; to provide for the disbursement of funds by the State Board of Technical and Adult Education for career academies established as charter schools; to provide for a matching requirement; to provide for eligibility criteria; to provide for an annual report; to provide for an effective date; 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 68. By Senator Williams of the 19th:

A RESOLUTION to dedicate the William H. "Sonny Boy" Skipper Maintenance Headquarters; and for other purposes.

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

SB 39.

By Senators Weber of the 40th, Moody of the 56th, Williams of the 19th, Tarver of the 22nd, Carter of the 13th and others:

A BILL to be entitled an Act to amend Article 31 of Chapter 2 of Title 20 of the O.C.G.A., relating to charter schools, so as to enact the 'Charter Systems Act'; to provide for legislative findings; to provide for the establishment of charter systems; to revise and add definitions; to provide for the establishment of the Charter Advisory Committee; to provide for requirements for petitions for charter systems; to revise certain provisions relating to the approval or denial of a charter petition; to revise certain provisions relating to the review of charters; to provide for terms and renewals of charter systems; to provide for waivers and operating requirements, control, and management for charter systems; to provide for termination of charter systems; to revise provisions for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Education.

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SB 44.

By Senators Mullis of the 53rd, Tolleson of the 20th, Whitehead, Sr. of the 24th, Thomas of the 2nd, Smith of the 52nd and others:

A BILL to be entitled an Act to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to provide a short title; to provide definitions; to provide for the Georgia Firefighter Standards and Training Council to develop and offer fire officer development training through the Georgia Fire Academy; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Public Safety and Homeland Security.

SB 45.

By Senators Thomas of the 54th, Unterman of the 45th, Mullis of the 53rd, Harbison of the 15th, Tate of the 38th 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 the establishment of a task force to develop a plan for education on chronic kidney disease; to provide for membership and appointment of members to the task force; to provide for duties and responsibilities; to provide for reports and recommendations from such task force; to provide for related matters; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health & Human Services.

SB 68.

By Senators Weber of the 40th, Carter of the 13th, Douglas of the 17th, Moody of the 56th, Thomas of the 54th and others:

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 enact the "Career Academies Act of 2007"; to provide for legislative intent; to provide for definitions; to provide for the disbursement of funds by the State Board of Technical and Adult Education for career academies established as charter schools; to provide for a matching requirement; to provide for eligibility criteria; to provide for an annual report; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Higher Education.

SR 68. By Senator Williams of the 19th:

A RESOLUTION to dedicate the William H. "Sonny Boy" Skipper Maintenance Headquarters; and for other purposes.

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327

Referred to the Committee on State Institutions & Property.
The following members were recognized during the period of Morning Orders and addressed the House:
Mills of the 25th, Heard of the 114th, Benfield of the 85th, Buckner of the 130th, Lewis of the 15th, Cole of the 125th, and Sims of the 119th.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 120. By Representatives Coleman of the 97th, Reese of the 98th and Coan of the 101st:
A RESOLUTION inviting the coaches and players of the Peachtree Ridge High School Lions football team to appear before the House of Representatives; and for other purposes.
HR 124. By Representatives Coleman of the 97th and Coan of the 101st:
A RESOLUTION inviting the coaches and cheerleaders of the Peachtree Ridge High School varsity competition cheerleaders 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 184. By Representatives Sellier of the 136th and James of the 135th:
A RESOLUTION commending the Georgia Peach Festival and inviting the 2006 Georgia Peach Queens 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 79. By Representatives Forster of the 3rd, Hill of the 21st, Rice of the 51st, Day of the 163rd, Talton of the 145th 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 the prohibition against affixing materials which reduce light transmission through windows or windshields of motor vehicles, so as to provide exemptions for certain

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vehicles; to provide that certain violations shall be charged as secondary offenses only; to provide punishments for certain violations; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 40-8-73.1 of the Official Code of Georgia Annotated, relating to the prohibition against affixing materials which reduce light transmission through windows or windshields of motor vehicles, so as to provide exemptions for certain vehicles; 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 40-8-73.1 of the Official Code of Georgia Annotated, relating to the prohibition against affixing materials which reduce light transmission through windows or windshields of motor vehicles, is amended in subsection (c) by striking "or" at the end of paragraph (6), striking the period at the end of paragraph (7) and inserting a semicolon in lieu thereof, and adding new paragraphs to read as follows:
"(8) Any vehicle that displays a valid special license plate issued to a government official under Code Section 40-2-61, 40-2-62, 40-2-63, or 40-2-64; (9) Any vehicle owned or operated by the state or a political subdivision thereof and that displays a valid license plate issued pursuant to Code Section 40-2-37; or (10) Any vehicle operated in the course of business by a person licensed or registered under Chapter 38 of Title 43, relating to private detective and private security businesses."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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329

E Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges N Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler N Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman
Collins Cooper Y Cox Crawford, M Y Crawford, R Y Davis, H N Davis, S Y Day

Y Dempsey Y Dickson
Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps N Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin
Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon N Graves Y Greene Y Hamilton Y Hanner
Harbin Y Hatfield
Heard, J Y Heard, K E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

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

N Martin Y Maxwell N May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby N Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston
Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the passage of the Bill, by substitute, the ayes were 142, nays 13.

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

Due to a mechanical malfunction, the vote of Representative Hudson of the 124th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Everson of the 106th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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Representative Lewis of the 15th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

HB 100. By Representatives Hill of the 180th, Lane of the 158th, Williams of the 165th, Knight of the 126th and Burns of the 157th:

A BILL to be entitled an Act to amend Title 27 of the O.C.G.A., 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 commercial fishing license requirement; 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 lawful commercial shrimping devices; to change certain provisions relating to taking of shrimp for noncommercial purposes 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:

E Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler N Byrd Y Carter, A Y Carter, B
Casas Y Chambers Y Channell Y Cheokas

Y Dempsey Y Dickson
Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming N Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon N Graves Y Greene Y Hamilton

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox N Lakly Y Lane, B Y Lane, R

Y Martin Y Maxwell N May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell N Pruett

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

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331

Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

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

Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham
Manning E Marin

Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal N Rynders Y Sailor Y Scott, A

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

On the passage of the Bill, the ayes were 156, nays 10.

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

HB 122. By Representatives England of the 108th, McCall of the 30th, Roberts of the 154th, Burns of the 157th, Maddox of the 172nd and others:

A BILL to be entitled an Act to amend Code Section 2-13-8 of the Official Code of Georgia Annotated, relating to labeling requirements for commercial feeds, so as to exclude equine feeds from those feeds for which collective terms of ingredients may be used or which may be exempted from certain requirements; to 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant
Buckner Y Burkhalter Y Burns Y Butler Y Byrd

Y Dempsey Y Dickson
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 Frazier Y Freeman Y Gardner Y Geisinger

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham

Y Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Shipp Y Sims, B Y Sims, C E Sims, F E Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Smith, V E Smyre Y Stanley-Turner Y Starr Y Stephens

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Y Carter, A Y Carter, B
Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham
Manning E Marin

Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B
Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M 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.

The following Resolution of the House was read:

HR 183. By Representatives Keen of the 179th and Burkhalter of the 50th

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 2007 regular session of the General Assembly for the period of February 12, 2007, through February 27, 2007, shall be as follows:
Monday, February 12. ................................................in session for legislative day 18 Tuesday, February 13 .................................................in session for legislative day 19 Wednesday, February 14 ............................................in session for legislative day 20 Thursday, February 15 ...............................................in session for legislative day 21 Friday, February 16 ....................................................in adjournment Saturday, February 17 ................................................in adjournment Sunday, February 18...................................................in adjournment Monday, February 19 .................................................in adjournment Tuesday, February 20 .................................................in session for legislative day 22 Wednesday, February 21 ............................................in session for legislative day 23 Thursday, February 22 ...............................................in session for legislative day 24 Friday, February 23 ....................................................in adjournment Saturday, February 24 ................................................in adjournment

THURSDAY, FEBRUARY 8, 2007

333

Sunday, February 25...................................................in adjournment Monday, February 26 .................................................in adjournment Tuesday, February 27 .................................................in session for legislative day 25

BE IT FURTHER RESOLVED that on and after February 27, 2007, the periods of adjournment of the 2007 session, if any, shall be as specified by subsequent resolution of the General Assembly, except that for the remainder of the 2007 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart
England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight
Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan
Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal

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

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Y Davis, H Y Davis, S Y Day

Y Hill, C Y Hill, C.A Y Holmes

Y Mangham Y Manning E Marin

Y Rynders Y Sailor Y Scott, A

Y Wix Y Yates
Richardson, Speaker

On the adoption of the Resolution, the ayes were 165, nays 0.

The Resolution was adopted.

The following Resolutions of the House were read and adopted:

HR 185. By Representatives Heard of the 114th, Smith of the 113th and McKillip of the 115th:

A RESOLUTION recognizing L.E.A.D. Athens and Leadership Oconee for their contributions to developing community leaders; and for other purposes.

HR 186. By Representative Watson of the 91st:

A RESOLUTION expressing congratulations and best wishes to Ina Ruth Ellington-Smith on the occasion of her 90th birthday; and for other purposes.

HR 187. By Representatives Rogers of the 26th, Fludd of the 66th, Shaw of the 176th, Williams of the 165th, Williams of the 4th and others:

A RESOLUTION recognizing and commending the National Federation of Independent Business in Georgia; and for other purposes.

HR 188. By Representatives Jordan of the 77th, Abdul-Salaam of the 74th, Glanton of the 76th, Johnson of the 75th, Brooks of the 63rd and others:

A RESOLUTION recognizing and commending Jikeme Daniels; and for other purposes.

HR 189. By Representatives McCall of the 30th, Roberts of the 154th, Bearden of the 68th, Sims of the 169th, Rogers of the 26th and others:

A RESOLUTION commending Pilgrim's Pride Corporation and its officers; and for other purposes.

HR 190. By Representatives Barnard of the 166th, Walker of the 107th, Heard of the 104th and Amerson of the 9th:

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A RESOLUTION commending the American Probation and Parole Association; and for other purposes.
HR 191. By Representatives Brooks of the 63rd and Frazier of the 123rd:
A RESOLUTION commending the life and work of the Honorable Clayton Neely, Jr.; and for other purposes.
HR 192. By Representatives England of the 108th, Maxwell of the 17th, Millar of the 79th, Benton of the 31st and Coleman of the 97th:
A RESOLUTION recognizing Georgia Career and Technical Student Organizations Day; and for other purposes.
HR 193. By Representatives Smyre of the 132nd, Smith of the 129th, Hugley of the 133rd, Buckner of the 130th and Smith of the 131st:
A RESOLUTION honoring and remembering the life of Mr. Eddie Jones, Sr.; and for other purposes.
HR 194. By Representative Carter of the 159th:
A RESOLUTION honoring Mr. Joseph Talmadge "J.T." Carter and Mrs. Zena Cannon Carter on the occasion of their fiftieth wedding anniversary; and for other purposes.
HR 196. By Representative Barnard of the 166th:
A RESOLUTION recognizing Mitchell Oliver as Officer of the Year and commending him for his valiant service; and for other purposes.
HR 197. By Representative Barnard of the 166th:
A RESOLUTION recognizing Officer Matthew Buehler, 2006 Officer of the Year, and commending him for his heroic service; and for other purposes.
HR 198. By Representative Barnard of the 166th:
A RESOLUTION recognizing Howard A. Tyler 2006 Officer of the Year and commending him for his meritorious service above and beyond the call of duty; and for other purposes.

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Representative Morris of the 155th District, Chairman of the Committee on Code Revision, submitted the following report:
Mr. Speaker:
Your Committee on Code Revision 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 220 Do Pass HB 245 Do Pass
Respectfully submitted, /s/ Morris of the 155th
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 136 Do Pass, by Substitute HB 155 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 171 Do Pass, by Substitute

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Respectfully submitted, /s/ Rice of the 51st
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.

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Representative Hall, Atlanta, Georgia

Friday, February 9, 2007

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 Abrams Amerson Ashe Barnard Bearden
E Beasley-Teague Benton Black Bridges Brooks Bruce Bryant Buckner Burkhalter Burns Butler Carter, A Carter, B Casas Chambers Cheokas
E Coan Cole Coleman Collins Cox Crawford, M Crawford, R Davis, H Davis, S

Day Dempsey Dickson Dukes Ehrhart England Epps Everson Fleming Floyd, H Floyd, J Fludd Forster Franklin Frazier Freeman Gardner Geisinger Glanton Golick Gordon Graves Greene Hamilton Hatfield Heard, J Heard, K Heckstall Hembree E Henson Hill, C

Hill, C.A Holmes Holt Horne Houston Howard E Hudson Hugley Jacobs James Jenkins Jerguson Johnson, C E Johnson, T Jones, J Jones, S Kaiser Keen Keown Knight Knox Lakly Lane, B Lane, R Levitas Lewis Lindsey Lord Loudermilk Lucas Lunsford

Maddox Mangham Manning E Marin Martin Maxwell May McCall McKillip Meadows Millar Mills Mitchell Morgan Morris Murphy Neal Nix Parham Parrish Parsons Peake Porter Pruett Ralston Randall Reece Rice Roberts Rogers Royal

Rynders Scott, A Scott, M Sellier Shaw Sheldon Shipp Sims, B Sims, F E Sinkfield Smith, B Smith, L E Smith, R Smith, T E Smith, V E Smyre Starr Stephens Talton Teilhet Thomas, B Tumlin E Watson Wilkinson Willard Williams, A Williams, E Williams, M Williams, R Yates Richardson, Speaker

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

Representatives Byrd of the 20th, Channell of the 116th, Cooper of the 41st, Dollar of the 45th, Drenner of the 86th, Hanner of the 148th, Harbin of the 118th, Jackson of the 161st, Jamieson of the 28th, Jordan of the 77th, Mosby of the 90th, Mumford of the 95th, Oliver of the 83rd, O`Neal of the 146th, Powell of the 29th, Reese of the 98th, Sailor of the 93rd, Setzler of the 35th, Sims of the 169th, Stanley-Turner of the 53rd, Stephenson of the 92nd, Thomas of the 55th, Walker of the 107th, and Wix of the 33rd.

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They wish to be recorded as present.
Prayer was offered by Reverend Timothy McDonald, First Iconium Baptist Church, Atlanta, Georgia.
The members pledged allegiance to the flag.
Representative Lakly of the 72nd, 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 310. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to death investigations, so as to provide for certain notification requirements; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.

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HB 311. By Representatives Fleming of the 117th, Harbin of the 118th, O`Neal of the 146th, Yates of the 73rd, Talton of the 145th and others:
A BILL to be entitled an Act to amend Subpart 10A of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia HERO Scholarship, so as to change the definition of the term "qualifying term of service"; to change the date for qualifying service; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 312. By Representatives Benton of the 31st and England of the 108th:
A BILL to be entitled an Act to authorize the Town of Braselton 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 Intragovernmental Coordination - Local.
HB 313. By Representative Barnard of the 166th:
A BILL to be entitled an Act to amend Article 6 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to voluntary inmate labor programs, so as to clarify that the Georgia Correctional Industries Administration has authority to administer and manage certain inmate work programs and to publicize and invite employers to participate in such inmate work programs; to amend Code Section 42-10-4 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Correctional Industries Administration, so as to clarify that the administration has authority to administer, manage, and publicize certain inmate work programs; 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 314. By Representatives Neal of the 1st, Ralston of the 7th, Day of the 163rd, Coan of the 101st, Fleming of the 117th and others:
A BILL to be entitled an Act to amend Code Section 24-4-60 of the Official Code of Georgia Annotated, relating to requirement for DNA analysis of

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blood of persons convicted of certain sex offenses or convicted of a felony and incarcerated in a state correctional facility, so as to provide for DNA analysis of persons convicted of certain felonies and sexual offenses who are placed on probation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 315. By Representatives Benton of the 31st and England of the 108th:
A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in the Town of Braselton; to provide for a short title; to provide for the purposes of said district or districts; to provide for definitions; to provide for a board to administer said district or districts; to provide for the appointment and election of members of said board or boards; to provide for taxes, fees, and assessments; to provide for establishment of the boundaries of said district or districts; to provide for a tax cap; to specify conditions whereby the continued existence of the district or districts or the continued existence of any one or more of the powers granted to the district or districts may be terminated; to provide procedures for termination of the district or districts; to provide for dissolution; to provide the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 316. By Representatives Ralston of the 7th, Floyd of the 147th, Rogers of the 26th, Smith of the 168th, Bridges of the 10th and others:
A BILL to be entitled an Act to amend Code Section 44-1-13 of the Official Code of Georgia Annotated, relating to removal of improperly parked cars or trespassing personal property, procedure, automatic surveillance prohibited, and penalty, so as to provide the Public Service Commission and the governing authority of municipalities concurrent jurisdiction on matters related to regulating and controlling the towing of certain vehicles 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 317. By Representatives Ralston of the 7th, Floyd of the 147th, Rogers of the 26th, Smith of the 168th, Bridges of the 10th and others:

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A BILL to be entitled an Act to amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions and exclusions for Title 46, so as to change the definition of motor contract carrier or motor common carrier; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community affairs.
HB 318. By Representatives Benton of the 31st, Coleman of the 97th, Bridges of the 10th, Meadows of the 5th and Maxwell of the 17th:
A BILL to be entitled an Act to amend Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Investment Authority Law," so as to provide that certain foreign corporations shall be deemed to be United States corporations for purposes of investment by public retirement systems; to allow the investment of public retirement system assets in certain real estate trusts; to increase the percentage of the assets of certain public retirement systems that may be invested in foreign corporations; to provide that certain public retirement systems may enter into certain contracts, agreements, and other obligations; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 319. By Representatives Fleming of the 117th, Willard of the 49th, Ralston of the 7th, Ehrhart of the 36th, Harbin of the 118th and others:
A BILL to be entitled an Act to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials and cost of living adjustments, so as to increase the annual salaries of district attorneys; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 320. By Representatives Smyre of the 132nd, Smith of the 129th, Hugley of the 133rd, Buckner of the 130th and Smith of the 131st:
A BILL to be entitled an Act to authorize the consolidated government of Columbus, Georgia, 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

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repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 321. By Representative Royal of the 171st:
A BILL to be entitled an Act to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, so as to change certain eligibility requirements with respect to conservation use assessment; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 322. By Representatives Stephens of the 164th, Royal of the 171st and Knight of the 126th:
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 that certain business aircraft 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 323. By Representatives Stephens of the 164th, Carter of the 159th, Parrish of the 156th and Parham of the 141st:
A BILL to be entitled an Act to amend Code Section 47-17-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Peace Officers Annuity and Benefit Fund, so as to include for membership in such fund certain persons employed by the Georgia Drugs and Narcotics Agency; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 324. By Representatives Manning of the 32nd, Gardner of the 57th, Butler of the 18th, Stephens of the 164th, Teilhet of the 40th and others:
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 Children's Health Insurance Act"; to repeal the "PeachCare for Kids

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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.
Referred to the Committee on Health & Human Services.
HB 325. By Representative Hatfield of the 177th:
A BILL to be entitled an Act to amend an Act creating the Waycross and Ware County Industrial Development Authority, approved March 7, 1955 (Ga. L. 1955, p. 2840), as amended, so as to change certain provisions relating to issuance of revenue bonds by the authority; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 326. By Representatives Talton of the 145th, O`Neal of the 146th, Day of the 163rd, Brooks of the 63rd and Starr of the 78th:
A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to sheriffs, so as to require candidates for sheriff to be certified peace officers in good standing at the time of qualifying for election to the office; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 327. By Representatives Williams of the 178th, Roberts of the 154th, Lane of the 167th, Keen of the 179th, May of the 111th and others:
A BILL to be entitled an Act to amend Article 7 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to setoff debt collection, so as to authorize a setoff of certain debts owed to public housing authorities; to change certain provisions relating to definitions; to provide for procedures, conditions, and limitations; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.

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HB 328. By Representatives Bruce of the 64th, Willard of the 49th, Fludd of the 66th, Jones of the 46th, Mosby of the 90th and others:
A BILL to be entitled an Act to amend Code Section 48-5-48.2 of the O.C.G.A., relating to the authority of local governments to provide a freeport exemption from ad valorem taxation for certain inventories of finished goods and goods in the process of manufacture, so as to provide that under certain circumstances, when a new municipal corporation is chartered by local Act, the voters of the new municipal corporation shall determine whether to authorize a freeport exemption; to provide for implementation of the exemption if authorized; to provide for related matters; to amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of new cities, so as to provide for a conforming reference; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 329. By Representative Scott of the 153rd:
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 an exemption for certain items sold, used, or stored for packaging farm products produced in this state for shipment, sale, or resale; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 330. By Representative Stephens of the 164th:
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 an effective date contingent on funding; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 331. By Representatives Davis of the 109th, Mosby of the 90th, Starr of the 78th and Watson of the 91st:

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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 Intragovernmental Coordination - Local.
HB 332. By Representatives Coleman of the 97th, Millar of the 79th, Hembree of the 67th, Jones of the 46th, Maxwell of the 17th 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 delay the implementation of certain maximum class size requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 333. By Representatives Starr of the 78th, Talton of the 145th, Lunsford of the 110th and Glanton of the 76th:
A BILL to be entitled an Act to amend Code Section 17-5-52 of the Official Code of Georgia Annotated, relating to sale or destruction of weapons used in the commission of a crime or delinquent act involving possession, so as to provide that weapons used in the commission of a crime or a delinquent act shall be turned over to the sheriff, chief of police, or other executive officer of a law enforcement agency which confiscated the weapon for disposal in accordance with law; to provide for procedures for disposal and record keeping; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 334. By Representatives Willard of the 49th, Lindsey of the 54th and Stephenson of the 92nd:
A BILL to be entitled an Act to amend Code Section 15-11-21 of the Official Code of Georgia Annotated, relating to associate juvenile court judges, appointment and compensation, qualifications, conduct of hearings, and

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rehearing, so as to change certain provisions regarding hearings in certain cases; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 335. By Representatives Knight of the 126th and Scott of the 2nd:
A BILL to be entitled an Act to amend Chapter 7A of Title 48 of the Official Code of Georgia Annotated, relating to refundable income tax credits for low-income residents, so as to provide that a person claiming the credit must be in life at the time the claim is filed; to provide for related matters; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 336. By Representatives Levitas of the 82nd, Bearden of the 68th, Talton of the 145th, Bridges of the 10th, Chambers of the 81st and others:
A BILL to be entitled an Act to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, so as to increase the mandatory sentences; 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 337. By Representatives Graves of the 12th, Ehrhart of the 36th, Butler of the 18th, Coan of the 101st, Knox of the 24th and others:
A BILL to be entitled an Act to amend Code Section 31-6-2 of the Official Code of Georgia Annotated, relating to definitions relative to state health planning and development, so as to revise the definition of "new institutional health service"; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Committee on Certificate of Need.
HB 338. By Representatives Cox of the 102nd, Everson of the 106th, Sheldon of the 105th, Williams of the 178th and Day of the 163rd:

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A BILL to be entitled an Act to amend Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to fees for sheriff's services, so as to increase the fees for service in civil cases; 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 339. By Representatives Knight of the 126th, Freeman of the 140th, Meadows of the 5th, Royal of the 171st and Williams of the 4th:

A BILL to be entitled an Act to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to provide for the collection of costs associated with administering the collection of tax executions once issued by tax collectors and tax commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ways & Means.

HB 340. By Representatives Richardson of the 19th, Golick of the 34th, Ehrhart of the 36th, Keen of the 179th, and Burkhalter of the 50th:

A BILL to be entitled an Act to amend Code Section 49-5-273 of the Official Code of Georgia Annotated, relating to the creation and operation of the PeachCare for Kids Program, so as to revise the threshold income amount for eligibility for PeachCare to 200 percent of the federal poverty level; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health & Human Services.

HR 4.

By Representatives Walker of the 107th, Jacobs of the 80th, Chambers of the 81st, Sheldon of the 105th, Wilkinson of the 52nd and others:

A RESOLUTION redesignating portions of SR 154 and SR 10 as Memorial Drive; to repeal Part 4 of a Resolution Act approved May 1, 2000 (Ga. L. 2000, p. 1894); and for other purposes.

Referred to the Committee on Transportation.

HR 182. By Representatives Williams of the 165th, Thomas of the 100th, Buckner of the 130th, Hugley of the 133rd, Porter of the 143rd and others:

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A RESOLUTION urging the Jekyll Island Authority to exercise the greatest caution and restraint in its supervision of the necessary redevelopment of resort and other facilities on the island; and for other purposes.

Referred to the Committee on State Institutions & Property.

HR 195. By Representatives Amerson of the 9th, Burkhalter of the 50th, Jones of the 46th, Hamilton of the 23rd, Knox of the 24th and others:

A RESOLUTION dedicating GA 400 as the Hospitality Highway; 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 283 HB 284 HB 285 HB 286 HB 287 HB 288 HB 289 HB 290 HB 291 HB 292 HB 293 HB 294 HB 295 HB 296 HB 297 HB 298 HB 299

HB 300 HB 301 HB 302 HB 303 HB 304 HB 305 HB 306 HB 307 HB 308 HB 309 HR 170 HR 171 SB 39 SB 44 SB 45 SB 68 SR 68

Representative Royal of the 171st District, Chairman of the Committee on Budget and Fiscal Affairs Oversight, submitted the following report:

Mr. Speaker:

Your Committee on Budget and Fiscal Affairs Oversight has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:

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HB 91 Do Pass, by Substitute

Respectfully submitted, /s/ Royal of the 171st
Chairman

Representative Rynders of the 152nd District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

Your Committee on Intragovernmental Coordination - 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 215 HB 266 HB 273

Do Pass, by Substitute Do Pass Do Pass

Respectfully submitted, /s/ Rynders of the 152nd
Chairman

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

HOUSE RULES CALENDAR FRIDAY, FEBRUARY 9, 2007

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 53

Piedmont Circuit; terms of court; change provisions (Judy-108th)

HB 76

Emergency management; nomenclature and symbols; require permission; provisions (Substitute)(PS&HS-163rd)

HR 56

U.S. Army Corps of Engineers; raising full pool for Lake Lanier; urge to study (Substitute)(NR&E-104th)

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Modified Open Rule

None

Modified Structured Rule

None

Structured Rule

HB 101

Public records; agricultural or food systems information; provisions (Substitute)(A&CA-170th)

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 215. By Representatives Heard of the 114th, Smith of the 113th and McKillip of the 115th:

A BILL to be entitled an Act to amend an Act establishing a City Court in the County of Clarke, formerly known as the State Court of Clarke County, Georgia, approved September 8, 1879 (Ga. L. 1878-79, p. 291), as amended, so as to repeal certain provisions relating to the office of the clerk of the State Court of Athens-Clarke County, Georgia; to provide for continuing the existing term of the present judge of said court; to provide that the present judge of the court be designated chief judge; to provide that the current compensation of the present judge of the court shall be the compensation to be paid to the chief judge of said court; to add a judge to said court; to provide for the appointment, election, term of office, and compensation of said additional judge and for the election of successors to such judge; to provide effective dates; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

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A BILL
To amend an Act establishing a City Court in the County of Clarke, formerly known as the State Court of Clarke County, Georgia, approved September 8, 1879 (Ga. L. 1878-79, p. 291), (now designated as the State Court of Athens-Clarke County, Georgia) as amended, so as to revise certain provisions relating to the office of the clerk of the State Court of Athens-Clarke County, Georgia; to provide for continuing the existing term of the present judge of said court; to provide that the present judge of the court be designated chief judge; to provide that the current compensation of the present judge of the court shall be the compensation to be paid to the chief judge of said court; to add a judge to said court; to provide for the appointment, election, term of office, and compensation of said additional judge and for the election of successors to such judge; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act establishing a City Court in the County of Clarke, formerly known as the State Court of Clarke County, Georgia, approved September 9, 1879 (Ga. L. 1878-79, p. 291), as amended, is revised by adding a new Section II to read as follows:
"Section II. The Judge in office on July 1, 2007, shall continue to serve the term of office for which he was elected and is now serving. Such Judge is to be designated as Chief Judge on July 1, 2007. The Chief Judge is that Judge who has the primary responsibility for the administration of the operations of said Court, including but not limited to, budget, scheduling, policies, and rules of the Court. Successor Chief Judges shall be the Judge who has the most years of continuous service in the State Court of Athens-Clarke County. The Chief Judge shall be compensated as provided in Section XLI of this Act. Effective July 1, 2007, there shall be an additional Judge of the State Court of Athens-Clarke County. The additional Judge shall be appointed by the Governor for an initial term of office ending on December 31, 2008, and until his or her successor is elected and qualified. Future successors shall be elected at the general election conducted immediately prior to the expiration of the term of office, and they shall take office on the first day of January following their election and shall serve for a term of office of four years and until their successors are duly elected and qualified. Said additional Judge shall have and may exercise all powers, duties, jurisdictions, privileges, and immunities of the present Judges of the State Court of Athens-Clarke County. Any of the Judges of said Court may preside over any cause and perform any official act as Judge thereof. Such second Judge, and all successor Judges to such position, shall be compensated as provided in Section XLI of this Act. Upon request of the Chief Judge, the governing authority of Athens-Clarke County is authorized to furnish the additional Judge with suitable courtroom space and facilities, office space, office equipment, supplies, and such personnel as may be considered necessary by the

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Court to the proper function of the Court. All of these expenditures are declared to be an expense of court and payable out of the Athens-Clarke County treasury as such."
SECTION 2. Said Act is further amended by revising Section V to read as follows:
"Section V. The Clerk and Sheriff, and their deputies, of the Superior Court of AthensClarke County, Georgia, shall be ex-officio Clerk, Sheriff, and deputies, of said State Court of Athens-Clarke County, and for services rendered in the State Court of AthensClarke County, shall be entitled to the same fees as are allowed them, by law, in the Superior Court of Athens-Clarke County, and shall discharge the same duties, and be subject to the same obligations and penalties."
SECTION 3. Said Act is further amended by revising Section XLI to read as follows:
"Section XLI. Any other provisions of this Act to the contrary notwithstanding, no Judge of the State Court of Athens-Clarke County shall be permitted to engage in the private practice of law. The Chief Judge of such Court shall be paid an annual salary equal to the sum of 90 percent of the annual base salary of a Judge of the Superior Courts of this State plus 90 percent of the annual amount of any supplement paid by the governing authority of Athens-Clarke County to the Judges of the Superior Court of said county. The Judge filling the second judicial position created in Section II of this Act, and any other Judge added to the Court thereafter, shall be paid an annual salary equal to the sum of 90 percent of the annual base salary of a Judge of the Superior Courts of this State plus 50 percent of the annual amount of any supplement paid by the governing authority of Athens-Clarke County to the Judges of the Superior Court of said county. In addition to the salary provided for the Judges of the State Court of Athens-Clarke County in this section, the governing authority of Athens-Clarke County shall pay on behalf of each Judge of the State Court of Athens-Clarke County a sum equal to the contribution required for judges by the Georgia Judicial Retirement System created by Chapter 23 of Title 47 of the O.C.G.A. The governing authority of AthensClarke County is hereby authorized to provide the compensation specified in this section by the adoption of a resolution providing for such compensation sums. The compensation paid to such Judges shall be an expense of said Court."
SECTION 4. This Act shall become effective on July 1, 2007, except that the Governor is authorized to appoint the additional judge added by Section 1 of this Act prior to July 1, 2007, but any person so appointed shall not take office until July 1, 2007.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

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

HB 266. By Representative Hill of the 180th:

A BILL to be entitled an Act to authorize Camden County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

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

HB 273. 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.

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 Abrams Y Amerson
Ashe Y Barnard Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce

Y Dempsey Y Dickson 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 Holt Y Horne Y Houston Y Howard E Hudson
Hugley Y Jackson Y Jacobs Y James
Jamieson Y Jenkins Y Jerguson Y Johnson, C

Y Martin Y Maxwell Y May
McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell Y Morgan E Morris Y Mosby
Mumford

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B
Sims, C Y Sims, F E Sinkfield Y Smith, B Y Smith, L E Smith, R

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355

Y Bryant Y Buckner Y Burkhalter Y Burns
Butler Y Byrd Y Carter, A
Carter, B Y Casas Y Chambers Y Channell Y Cheokas E Coan Y Cole Y Coleman Y Collins Y Cooper
Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Forster Y Franklin Y Frazier
Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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

E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham
Manning E Marin

Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake
Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the passage of the Bills, the ayes were 152, nays 0.

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

Representatives Carter of the 159th, Cox of the 102nd, 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 the requisite constitutional majority the following bill of the Senate:

SB 57. By Senators Unterman of the 45th, Thomas of the 54th, Mullis of the 53rd, Balfour of the 9th, Butler of the 55th and others:

A BILL to be entitled an Act to amend Chapter 44 of Title 31 of the O.C.G.A., 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

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thereof; to revise certain provisions relating to minimum standards for curricula, instructors, and training dialysis and reuse technicians; to amend Title 43 of the O.C.G.A., relating to regulation of professions and businesses, so as to add a new Chapter 30A regulating dialysis technicians; to provide for definitions; to provide for certification requirements for dialysis technicians; 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.

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

SB 57.

By Senators Unterman of the 45th, Thomas of the 54th, Mullis of the 53rd, Balfour of the 9th, Butler of the 55th and others:

A BILL to be entitled an Act to amend Chapter 44 of Title 31 of the O.C.G.A., 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 O.C.G.A., relating to regulation of professions and businesses, so as to add a new Chapter 30A regulating dialysis technicians; to provide for definitions; to provide for certification requirements for dialysis technicians; 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.

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

Johnson of the 75th, Heard of the 104th, Rice of the 51st, and Hembree of the 67th.

The Speaker Pro Tem assumed the Chair.

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

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357

HB 53. By Representatives England of the 108th, Benton of the 31st, McCall of the 30th and Jamieson of the 28th:

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 court, so as to change certain provisions relating to the Piedmont 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague E Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas E Coan Y Cole
Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Jerguson
Johnson, C E Johnson, T Y Jones, J Y Jones, S
Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas 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 Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan E Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece
Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

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On the passage of the Bill, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The Speaker assumed the Chair.
HR 56. By Representatives Heard of the 104th, England of the 108th, Hamilton of the 23rd, Knox of the 24th, Reese of the 98th and others:
A RESOLUTION to urge the United States Army Corps of Engineers to begin a study of the costs and effects of raising the full pool for Lake Lanier from 1,071 feet above sea level to 1,073 feet above sea level; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
To urge the United States Army Corps of Engineers and the United States Congress to begin a study of the costs and effects of adding to the storage capacities of all Corps reservoirs in the State of Georgia; and for other purposes.
WHEREAS, as growth and prosperity continue to evolve in Georgia, the demand for water continues to be a major focus item for Georgia executives and stakeholders; and
WHEREAS, the situation is exacerbated by the tri-states negotiations among Georgia, Florida, and Alabama that have been in debate for over 15 years; and
WHEREAS, whenever a drought occurs, the problem becomes even more severe; and
WHEREAS, additional water supplies would help ameliorate the problem, but new reservoirs are extremely expensive and there is no readily available location in Georgia for new storage capability; and
WHEREAS, raising the full pool levels of Corps reservoirs in the state would substantially increase the available water supply in Georgia; and
WHEREAS, this increase could be managed by the United States Army Corps of Engineers by simply allowing lake levels to increase as weather and rainfall permits above the present full pool levels; and
WHEREAS, this increased supply will assist in the managed economic growth of the State of Georgia and will provide additional storage buffers in the case of drought; and

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359

WHEREAS, additional water supply for Georgia will help answer additional water needs as growth in population and prosperity puts requirements on more water throughout the state; and

WHEREAS, the costs of such action are minimal compared to newly created reservoirs and could be implemented in 12 to 18 months, whereas new and costly reservoirs could take a decade or longer.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body urge the United States Army Corps of Engineers and the United States Congress to begin a study of the costs and effects of adding to the storage capacities of all Corps reservoirs located throughout the State of 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 United States Army Corps of Engineers and each member of the Georgia Congressional delegation.

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague E Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton

Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs
James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B
Lane, R

Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan E Morris
Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett

Y Scott, M Sellier Setzler
Y Shaw Y Sheldon
Shipp Y Sims, B Y Sims, C Y Sims, F E Sinkfield
Smith, B Y Smith, L E Smith, R Y Smith, T E Smith, V E Smyre Y Stanley-Turner Y Starr Y Stephens
Stephenson Y Talton Y Teilhet
Thomas, A.M Y Thomas, B Y Tumlin

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E Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

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

Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning E Marin

Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the adoption of the Resolution, by substitute, the ayes were 153, nays 0.

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

Representatives Burkhalter of the 50th and Holmes of the 61st stated that 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 101. By Representatives Houston of the 170th, McCall of the 30th, England of the 108th, Roberts of the 154th and Maddox of the 172nd:

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 that are not subject to disclosure, so as to provide that agricultural or food system records, data, or information that are considered a part of the critical infrastructure shall not be subject to disclosure; to provide that records, data, or information collected, recorded, or otherwise obtained for the purposes of the national animal identification system shall not be subject to disclosure; to provide for exceptions; to provide 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 Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records that are not subject to disclosure, so as to provide that agricultural or food system records, data, or information that are considered a part of the critical infrastructure shall not be subject to disclosure; to provide that records, data, or information collected, recorded, or otherwise obtained for the purposes of the national animal identification system shall not be subject to disclosure; to provide for exceptions; to provide

FRIDAY, FEBRUARY 9, 2007

361

definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records that are not subject to disclosure, is amended by adding new paragraphs (10.2) and (10.3) to subsection (a) to read as follows:
"(10.2) Agricultural or food system records, data, or information that are considered by the Georgia Department of Agriculture to be a part of the critical infrastructure, provided that nothing in this paragraph shall prevent the release of such records, data, or information to another state or federal agency if the release of such records, data, or information is necessary to prevent or control disease or to protect public health, safety, or welfare. As used in this paragraph, the term 'critical infrastucture' shall have the same meaning as in 42 U.S.C. Section 5195c(e). Such records, data, or information shall be subject to disclosure only upon the order of a court of competent jurisdiction; (10.3) Records, data, or information collected, recorded, or otherwise obtained that is deemed confidential by the Georgia Department of Agriculture for the purposes of the national animal identification system, provided that nothing in this paragraph shall prevent the release of such records, data, or information to another state or federal agency if the release of such records, data, or information is necessary to prevent or control disease or to protect public health, safety, or welfare. As used in this paragraph, the term 'national animal identification program' means a national program intended to identify animals and track them as they come into contact with or commingle with animals other than herdmates from their premises of origin. Such records, data, or information shall be subject to disclosure only upon the order of a court of competent jurisdiction;".
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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JOURNAL OF THE HOUSE

E Abdul-Salaam Y Abrams Y Amerson
Ashe Y Barnard Y Bearden Y Beasley-Teague E Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler N Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas E Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H N Davis, S Y Day

Y Dempsey Y Dickson
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 Frazier Y Freeman
Gardner Y Geisinger Y Glanton N Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson N Hill, C
Hill, C.A Y Holmes

Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson N Jacobs
James Y Jamieson Y Jenkins N Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen N Keown Y Knight
Knox Y Lakly Y Lane, B Y Lane, R Y Levitas 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 Y McCall N McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan E Morris
Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the passage of the Bill, by substitute, the ayes were 143, nays 12.

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

The Speaker Pro Tem assumed the Chair.

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

HR 202. By Representative Smith of the 113th:

A RESOLUTION congratulating the Oconee County High School fast-pitch softball team on winning the 2006 AAA State Championship and inviting them to appear before the House of Representatives; and for other purposes.

FRIDAY, FEBRUARY 9, 2007

363

HR 203. By Representative Smith of the 113th:
A RESOLUTION congratulating the North Oconee fast-pitch softball team on winning the 2006 Class AA State Championship and inviting them to appear before the House of Representatives; and for other purposes.
HR 204. By Representatives Smith of the 113th, Crawford of the 127th and McCall of the 30th:
A RESOLUTION recognizing the 4-H Clubs of Georgia and inviting Ms. Abigail Grace Lloyd, Dr. Roger C. (Bo) Ryles, and the 2006-2007 4-H Leadership Team to appear before the House of Representatives; and for other purposes.
The following Resolutions of the House were read:
HR 206. By Representatives Jones of the 46th, Geisinger of the 48th, Willard of the 49th, Martin of the 47th and Burkhalter of the 50th:
A RESOLUTION commending the Roswell High School Hornets football team; and for other purposes.
HR 207. By Representatives Hamilton of the 23rd, Amerson of the 9th, Knox of the 24th, Jones of the 46th, Rogers of the 26th and others:
A RESOLUTION commending Mrs. Paula H. Gault for her years of service to the Forsyth County School System and congratulating her upon her retirement; and for other purposes.
HR 208. By Representatives Benton of the 31st and McCall of the 30th:
A RESOLUTION celebrating the centennial anniversary of the City of Nicholson; and for other purposes.
HR 209. By Representatives Hamilton of the 23rd, Amerson of the 9th, Knox of the 24th, Jones of the 46th, Rogers of the 26th and others:
A RESOLUTION commending Colonel Debra Conrad Rondem on the occasion of her retirement; and for other purposes.
HR 210. By Representative Buckner of the 130th:
A RESOLUTION honoring and remembering the life of Brooks Nelson Goolsby; and for other purposes.

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JOURNAL OF THE HOUSE

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

E Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague E Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns Y Butler
Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas E Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier Y Freeman
Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Hudson Y Hugley Y Jackson Y Jacobs
James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T
Jones, J Y Jones, S Y Jordan Y Kaiser
Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey
Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning E Marin

Y Martin Maxwell
Y May Y McCall Y McKillip
Meadows Y Millar Y Mills Y Mitchell Y Morgan E Morris
Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the adoption of the Resolutions, the ayes were 151, nays 0.

The Resolutions were adopted. By unanimous consent, HB 76 was postponed until the next legislative day.

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

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

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365

Representative Hall, Atlanta, Georgia
Saturday, February 10, 2007
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by Pastor Tony Brock, Hope & Life Fellowship Church, Snellville, Georgia.
The members pledged allegiance to the flag.
Representative Lakly of the 72nd, 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 341. By Representative Hill of the 180th:

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JOURNAL OF THE HOUSE

A BILL to be entitled an Act to authorize the City of St. Marys 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 Intragovernmental Coordination - Local.
HB 342. By Representatives Hembree of the 67th, Knox of the 24th, Casas of the 103rd, Watson of the 91st and Jackson of the 161st:
A BILL to be entitled an Act to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance, so as to provide for direct billing of anatomic pathology services; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 343. By Representatives Gardner of the 57th, Tumlin of the 38th, Stephenson of the 92nd, Teilhet of the 40th, McKillip of the 115th and others:
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 provide a means for a competent adult to control either directly through instructions written in advance or indirectly through appointing an agent to make mental health care decisions on behalf of such person according to a written psychiatric advance directive; to provide a short title; to provide definitions; to provide for standards and limitations with respect to psychiatric advance directives; to provide for the responsibilities and duties of physicians and other mental health care providers and agents under psychiatric advance directives; to provide a statutory psychiatric advance directive form; to provide for construction of such form; to provide for applicability; to provide for statutory construction of chapter; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 344. By Representatives Mumford of the 95th and Maxwell of the 17th:
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

SATURDAY, FEBRUARY 10, 2007

367

a person appointed to the position of circuit public defender may elect membership in either the Employees Retirement System of Georgia or the Georgia Judicial Retirement System; to provide for notice; to provide for a transfer of funds; to provide for a grant of creditable service; to provide that the membership of certain members of such retirement system shall be governed in a certain manner; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 345. By Representative Greene of the 149th:
A BILL to be entitled an Act to amend an Act changing the method of selecting the members of the board of education of Miller County, approved March 21, 1968 (Ga. L. 1968, p. 2529), as amended, so as to provide for the compensation of the chairperson and members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 346. By Representative Jenkins of the 8th:
A BILL to be entitled an Act to amend Code Section 36-62-5.1 of the Official Code of Georgia Annotated, relating to joint authorities, so as to provide that no resolution creating and activating a joint authority shall authorize authority members or directors to nominate or appoint their successors in office; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
HB 347. By Representatives Ashe of the 56th, Hugley of the 133rd, Teilhet of the 40th, Porter of the 143rd, Smyre of the 132nd and others:
A BILL to be entitled an Act to amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs, so as to provide for grants for pilot projects to encourage the lengthening of the school year and the conditions and procedures relating thereto; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.

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HB 348. By Representative Mumford of the 95th:
A BILL to be entitled an Act to amend Article 3 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Georgia Judicial Retirement System, so as to provide that secretaries of superior court judges shall become members of such retirement system; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 349. By Representatives Royal of the 171st, Rynders of the 152nd and Houston of the 170th:
A BILL to be entitled an Act to amend an Act creating the State Court of Colquitt County (originally the City Court of Colquitt County and established as the Civil and Criminal Court of Colquitt County by Ga. L. 1968, p. 2139), approved August 7, 1931 (Ga. L. 1931, p. 293), 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 construction and for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 350. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to provide for a limited period of time that the exemption for sales for off-premises human consumption or use of eligible foods and beverages shall cease to apply; to provide an exception whereby such exemption shall continue to apply during such period of time for persons who have attained a certain age or are the recipient of certain social services benefits; to provide for a short title and legislative intent; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 351. By Representatives Stephens of the 164th, Lindsey of the 54th, Hill of the 21st, Graves of the 12th and Horne of the 71st:

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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 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 definitions; to provide for the calculation of such credit; to provide for limitations on such credit; 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 352. By Representatives Sheldon of the 105th, Butler of the 18th, Carter of the 159th and Ehrhart of the 36th:
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 revise certain provisions relating to the assessment of the newborn screening program; to revise certain provisions relating to approved laboratories to perform screening testing; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 353. By Representative O`Neal of the 146th:
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 offsets against unclaimed property; to provide for the notification, attachment, and seizure of funds held by financial institutions; to provide for the service of summons of garnishment; to provide for the service of subpoenas; to change certain provisions regarding the attachment, priority, and perfection of state tax liens; to change certain provisions regarding the disclosure of confidential tax information; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 354. By Representative O`Neal of the 146th:

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A BILL to be entitled an Act to amend Titles 36 and 48 of the Official Code of Georgia Annotated, relating, respectively, to local government and revenue and taxation, so as to establish procedures and due dates for notification of homeowner tax relief grants; to provide for recording of tax executions; to change certain income requirements for taxpayers 62 years of age or older seeking a homestead exemption for school tax purposes; to change certain provisions regarding the transmission of resolutions setting the terms of members of boards of tax assessors; to provide for additional return filing requirements for public utilities; 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 355. By Representatives Lunsford of the 110th, Rice of the 51st, Lewis of the 15th, Knox of the 24th, Channell of the 116th and others:
A BILL to be entitled an Act to amend Article 2 Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches with warrants, so as to change provisions relating to issuance of search warrants by video conference; to provide for issuance of search warrants by facsimile or other electronic means; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 356. By Representatives Talton of the 145th, Hembree of the 67th, Manning of the 32nd and Geisinger of the 48th:
A BILL to be entitled an Act to amend Part 2 of Article 13 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road for motorcycles, so as to provide for certain traffic regulations relating to motorcycles; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 357. By Representative O`Neal of the 146th:
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 define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" for certain taxable years and thereby incorporate certain provisions of the federal law

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into Georgia law; to provide that such provisions shall supercede and control over certain other provisions; to provide an effective date; to provide applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 358. By Representatives Talton of the 145th, O`Neal of the 146th, Manning of the 32nd, Sims of the 151st, Bryant of the 160th and others:
A BILL to be entitled an Act to amend Code Section 47-16-102 of the Official Code of Georgia Annotated, relating to death benefits under the Sheriffs Retirement Fund of Georgia, beneficiaries, and the procedure for designation of beneficiary to receive such benefits, so as to increase the amount of the death benefit; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 359. By Representatives Walker of the 107th, Reese of the 98th and Sheldon of the 105th:
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 other educational programs under the "Quality Basic Education Act," so as to enact the "Georgia Home School Opportunity and Enrichment Act"; to provide for legislative findings; to require a local school system to allow home study students in grades nine through 12 to participate in extracurricular activities; to provide for academic requirements; to provide for ineligibility; to provide that the home study student is subject to all rules, regulations, and codes of conduct as other students; to provide for rules and regulations by the Department of Education; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 360. By Representatives Mumford of the 95th and Maxwell of the 17th:
A BILL to be entitled an Act to amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits in the Employees Retirement System of Georgia, so as to provide for a transfer of creditable service under certain conditions; to provide that a member of such retirement system who was previously a member of the Georgia Judicial Retirement System and who has not

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withdrawn his or her employee contributions from such retirement system may elect to have contributions made by him or her or on his or her behalf transferred to the Employees Retirement System of Georgia; to provide for creditable service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 361. By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income tax, so as to change certain provisions regarding certain state income tax credits; 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 362. By Representatives Bryant of the 160th, Gordon of the 162nd, Jackson of the 161st, Day of the 163rd, Stephens of the 164th and others:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Garden City, approved April 17, 1973 (Ga. L. 1973, p. 3581), as amended, so as to provide for the election by the mayor and the city council of a president of council who shall assume the duties of the mayor in the event that the mayor and the mayor pro tem are unavailable; to provide that the mayor pro tem and the president pro tem be elected by secret ballot; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 363. By Representatives O`Neal of the 146th and Harbin of the 118th:
A BILL to be entitled an Act to amend Code Section 20-3-519.5 of the Official Code of Georgia Annotated, relating to eligibility requirements for a HOPE grant at a branch of the Georgia Department of Technical and Adult Education, so as to provide that students at Georgia Military College shall be eligible for HOPE grants; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.

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HB 364. By Representatives Mumford of the 95th, Sailor of the 93rd, Stephenson of the 92nd and Mangham of the 94th:
A BILL to be entitled an Act to authorize the City of Conyers 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 Intragovernmental Coordination - Local.
HB 365. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Code Section 24-9-21 of the Official Code of Georgia Annotated, relating to confidentiality of certain communications, so as to provide a limited confidentiality for communications between a state legislator and a constituent; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 366. By Representatives Bearden of the 68th, Meadows of the 5th and Tumlin of the 38th:
A BILL to be entitled an Act to amend Code Section 30-4-2, relating to right to equal public accommodations and to be accompanied by guide or service dog, so as to provide that every person engaged in the raising of a dog for training as a guide or service dog shall have the right to be accompanied by such dog in the same manner as a totally or partially blind, deaf, or physically disabled person 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 367. By Representatives Carter of the 159th, Stephens of the 164th, Parrish of the 156th, Parham of the 141st and Jerguson of the 22nd:
A BILL to be entitled an Act 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 what constitutes the practice of medicine; to provide for the substitution of therapeutically equivalent drugs; to provide for requirements for therapeutically equivalent substitutions; to provide that a

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substitution shall not constitute the practice of medicine; to amend Article 1 of Chapter 24 of Title 33 of the O.C.G.A., relating to insurance generally, so as to define certain terms; to provide for health insurance coverage for therapeutically equivalent substitutions under certain circumstances; to provide for statutory construction; to provide for enforcement by the Commissioner of Insurance; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 368. By Representatives Collins of the 27th, Martin of the 47th, Day of the 163rd and Harbin of the 118th:
A BILL to be entitled an Act to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to allow the commissioner of public safety, with the approval of the Board of Public Safety, to sell or trade-in surplus motor vehicles and use the proceeds of the sale or trade-in towards the purchase of new motor vehicles; to provide that the commissioner, with the approval of the board and subject to available funds, shall have the discretion to determine when to purchase new motor vehicles for the department; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Budget and Fiscal Affairs Oversight.
HB 369. By Representatives Rice of the 51st, Lindsey of the 54th, Ehrhart of the 36th, Manning of the 32nd, Butler of the 18th and others:
A BILL to be entitled an Act to provide for legislative findings; to amend Article 2 of Chapter 6 of Title 5 and Chapter 9 of Title 19 of the O.C.G.A., relating to appellate practice and child custody proceedings, respectively, so as to provide for changes in child custody proceedings; to provide for direct appeals in all domestic relations cases; to provide for a parenting plan in child custody cases and the procedure therefor; to provide factors in determining the best interests of the child; to provide for written findings of fact in child custody proceedings; to remove the right of a 14 year old to select a custodial parent; to provide for attorney's fees and expenses of litigation in child custody proceedings; to provide for binding arbitration; to amend Code Section 19-7-22 of the O.C.G.A., relating to petition for legitimation of child, so as to correct a cross-reference; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Judiciary.
HB 370. By Representative McCall of the 30th:
A BILL to be entitled an Act to provide that future elections for the office of magistrate judge of Elbert 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 Governmental Affairs.
HB 371. By Representative Mills of the 25th:
A BILL to be entitled an Act to authorize the City of Flowery Branch 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 Intragovernmental Coordination - Local.
HB 372. By Representative Ashe of the 56th:
A BILL to be entitled an Act to amend Code Section 47-3-95 of the Official Code of Georgia Annotated, relating to credit for service in private schools toward retirement benefits under the Teachers Retirement System of Georgia, so as to provide that members of such retirement system may obtain creditable service for prior service in public schools by paying what would have been paid to the retirement system during the period of time claimed if the member had been a member of the retirement system; to provide for conditions; to provide for the payment of employer and employee contributions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 373. By Representatives Bridges of the 10th, Day of the 163rd, Collins of the 27th, Coleman of the 97th and Talton of the 145th:
A BILL to be entitled an Act to amend Code Section 47-2-223 of the Official Code of Georgia Annotated, relating to retirement benefits in the Employees

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Retirement System of Georgia for those in service in the Uniform Division of the Department of Public Safety, so as to provide that such persons may return to full-time employment and retain their retirement benefits; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 374. By Representatives Mills of the 25th, Stephens of the 164th, Parrish of the 156th and Shaw of the 176th:
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 hotel motel tax, so as change certain provisions regarding definitions applicable to such tax; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 375. By Representatives Collins of the 27th, Coleman of the 97th, Benton of the 31st, Maxwell of the 17th, Fleming of the 117th 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 of students in elementary and secondary education, so as to provide that children who serve as pages of the General Assembly shall be credited as present by the school in which enrolled in the same manner as an educational field trip; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 376. By Representatives Rice of the 51st, Lunsford of the 110th, Chambers of the 81st, Ehrhart of the 36th, Graves of the 12th and others:
A BILL to be entitled an Act to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning and development, so as to revise the definition of "new institutional health service" for purposes of certificate of need requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Committee on Certificate of Need.

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HR 5.

By Representatives Golick of the 34th, Teilhet of the 40th, Ehrhart of the 36th and Wix of the 33rd:

A RESOLUTION redesignating portions of I-285 as the Joe Lee Thompson Highway; repealing and rewriting part of a Resolution Act approved May 1, 2000 (Ga. L. 2000, p. 1906); and for other purposes.

Referred to the Committee on Transportation.

HR 199. 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 an exemption from taxation for certain persons; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Ways & Means.

HR 200. By Representative Sims of the 169th:

A RESOLUTION proposing an amendment to the Constitution so as to provide that a coroner shall be a county officer where such office has not been abolished by local constitutional amendment and for the election, term, qualifications, powers, and duties thereof; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Governmental Affairs.

HR 201. By Representatives Lane of the 167th, Williams of the 178th, Pruett of the 144th, Sims of the 169th and Smith of the 168th:

A RESOLUTION removing the designation of a portion of Georgia's High Tech Corridor and amending Part II of a Resolution Act approved May 16, 2002 (Ga. L. 2002, p. 1460); and for other purposes.

Referred to the Committee on Transportation.

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HR 205. By Representatives Smith of the 113th and Burkhalter of the 50th:

A RESOLUTION creating the House Study Committee on Cellular Phone Contract, Billing, and Rebate Practices; and for other purposes.

Referred to the Committee on Energy, Utilities & Telecommunications.

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

HB 310 HB 311 HB 312 HB 313 HB 314 HB 315 HB 316 HB 317 HB 318 HB 319 HB 320 HB 321 HB 322 HB 323 HB 324 HB 325 HB 326 HB 327

HB 328 HB 329 HB 330 HB 331 HB 332 HB 333 HB 334 HB 335 HB 336 HB 337 HB 338 HB 339 HB 340 HR 4 HR 182 HR 195 SB 57

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

HOUSE RULES CALENDAR SATURDAY, FEBRUARY 10, 2007

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 51

Sheriffs' duties; security plans; change frequency (Substitute)(JudyNC80th)

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HB 213

Deferred compensation plans; state employees; special pay plan; repeal (CR-10th)

HB 220

Georgia Criminal Justice Improvement Council; repeal Chapter 8 (CR163rd)

HB 245

Georgia State Prison warden; passenger motor vehicle; repeal certain provisions (CR-166th)

Modified Open Rule

None

Modified Structured Rule

None

Structured Rule

None

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

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

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

Mr. Speaker:

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

SB 5.

By Senators Seabaugh of the 28th, Rogers of the 21st, Whitehead, Sr. of the 24th and Shafer of the 48th:

A BILL to be entitled an Act to state findings of the General Assembly regarding the Real ID Act; to amend Article 1 of Chapter 5 of Title 40 of the O.C.G.A., relating to general provisions regarding drivers licenses, so as to permit the Governor of Georgia to delay implementing the requirements of the

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Real ID Act until the Department of Homeland Security has issued regulations that the Governor finds will adequately protect the interests of the citizens of Georgia; to amend Article 2 of Chapter 5 of Title 40 of the O.C.G.A., relating to issuance, expiration, and renewal of drivers licenses, so as to require the presentation of secure and verifiable documents for purposes of obtaining a driver's license; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 17. By Senators Harp of the 29th, Unterman of the 45th, Hooks of the 14th, Mullis of the 53rd, Harbison of the 15th and others:
A BILL to be entitled an Act to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to authorize certain optometrists to prescribe and administer oral and topical pharmaceutical agents related to the diagnosis or treatment of diseases and conditions of the eye and adnexa oculi except Schedule I and Schedule II controlled substances; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 40. By Senators Staton of the 18th, Williams of the 19th, Rogers of the 21st, Johnson of the 1st, Shafer of the 48th 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 increase the penalties for certain election related offenses involving fraudulent acts; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 54. By Senators Smith of the 52nd, Mullis of the 53rd, Carter of the 13th and Hamrick of the 30th:
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 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 98. By Representatives Fleming of the 117th, Keen of the 179th, Burkhalter of the 50th, Ehrhart of the 36th, Willard of the 49th and others:

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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.

The Senate has adopted by the requisite constitutional majority the following resolution of the House:

HR 183. By Representatives Keen of the 179th and Burkhalter of the 50th:

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 5.

By Senators Seabaugh of the 28th, Rogers of the 21st, Whitehead, Sr. of the 24th and Shafer of the 48th:

A BILL to be entitled an Act to state findings of the General Assembly regarding the Real ID Act; to amend Article 1 of Chapter 5 of Title 40 of the O.C.G.A., relating to general provisions regarding drivers licenses, so as to permit the Governor of Georgia to delay implementing the requirements of the Real ID Act until the Department of Homeland Security has issued regulations that the Governor finds will adequately protect the interests of the citizens of Georgia; to amend Article 2 of Chapter 5 of Title 40 of the O.C.G.A., relating to issuance, expiration, and renewal of drivers licenses, so as to require the presentation of secure and verifiable documents for purposes of obtaining a driver's license; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Motor Vehicles.

SB 17.

By Senators Harp of the 29th, Unterman of the 45th, Hooks of the 14th, Mullis of the 53rd, Harbison of the 15th and others:

A BILL to be entitled an Act to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to authorize certain optometrists to prescribe and administer oral and topical pharmaceutical agents related to the diagnosis or treatment of diseases and

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conditions of the eye and adnexa oculi except Schedule I and Schedule II controlled substances; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health & Human Services.

SB 40.

By Senators Staton of the 18th, Williams of the 19th, Rogers of the 21st, Johnson of the 1st, Shafer of the 48th 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 increase the penalties for certain election related offenses involving fraudulent acts; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary Non-Civil.

SB 54.

By Senators Smith of the 52nd, Mullis of the 53rd, Carter of the 13th and Hamrick of the 30th:

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 provide for related matters; to repeal conflicting laws; 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:

Ralston of the 7th, Wilkinson of the 52nd, Setzler of the 35th, Fleming of the 117th, Smith of the 168th, Davis of the 109th, Smith of the 129th, and Drenner of the 86th.

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

HR 211. By Representatives Glanton of the 76th, Johnson of the 75th, Starr of the 78th, Abdul-Salaam of the 74th and Jordan of the 77th:

A RESOLUTION commending Mr. Hines Ward, Jr., and inviting him to appear before the House of Representatives; and for other purposes.

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383

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 118. By Representatives Ehrhart of the 36th, Lane of the 167th, Martin of the 47th and Keen of the 179th:
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 fifth judge of the superior courts of the Brunswick Judicial Circuit and a tenth judge of the superior courts of the Cobb Judicial Circuit; 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 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 for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 213. By Representatives Bridges of the 10th and Forster of the 3rd:
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 repeal a special pay plan for deferred payment of special compensation to reduce federal tax burden for state employees; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 245. By Representative Barnard of the 166th:
A BILL to be entitled an Act to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to law enforcement officers and agencies, so as to repeal certain provisions relating to a passenger motor vehicle for the warden of Georgia State Prison to be

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furnished by the Department of Public Safety; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 51. By Representatives Jacobs of the 80th, Ralston of the 7th, Mumford of the 95th, Bearden of the 68th, Franklin of the 43rd and others:
A BILL to be entitled an Act to amend Code Section 15-16-10 of the Official Code of Georgia Annotated, relating to sheriffs duties, penalties, and electronic storage, so as to change the frequency with which a sheriff reviews security plans; 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 15-16-10 of the Official Code of Georgia Annotated, relating to sheriffs duties, penalties, and electronic storage, so as to change the frequency with which a sheriff reviews security plans; 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 15-16-10 of the Official Code of Georgia Annotated, relating to sheriffs duties, penalties, and electronic storage, is amended by revising paragraph (10) of subsection (a) 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 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 comprehensive plan for courthouse security shall be considered a

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385

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 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 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; provided, however, that the sheriff shall make the original security plan available upon request for temporary, exclusive review 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 at least once every four years."
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 ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 220. By Representatives Day of the 163rd and Forster of the 3rd:
A BILL to be entitled an Act to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to repeal Chapter 8, relating to the Georgia Criminal Justice Improvement Council; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 102, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, HB 76 having been previously postponed, was again postponed until the next legislative day.

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The following Resolutions of the House were read and adopted:
HR 213. By Representatives Holmes of the 61st, Mosby of the 90th, Stanley-Turner of the 53rd, Bruce of the 64th, James of the 135th and others:
A RESOLUTION remembering and honoring the life of Dr. Otis W. Smith; and for other purposes.
HR 214. By Representatives Byrd of the 20th, Hill of the 21st, Jerguson of the 22nd and Hamilton of the 23rd:
A RESOLUTION commending the Etowah High School Eagles football team; and for other purposes.
HR 215. By Representatives Byrd of the 20th, Hill of the 21st, Jerguson of the 22nd and Hamilton of the 23rd:
A RESOLUTION commending the Etowah High School Lady Eagles cross country team; and for other purposes.
HR 216. By Representatives Byrd of the 20th, Hill of the 21st, Jerguson of the 22nd and Hamilton of the 23rd:
A RESOLUTION commending the Etowah High School Lady Eagles swim team; and for other purposes.
HR 217. By Representative Reese of the 98th:
A RESOLUTION recognizing and commending Mrs. Tiffany English; and for other purposes.
HR 218. By Representative Hill of the 21st:
A RESOLUTION commending Taylor R. Johnson; and for other purposes.
HR 219. By Representative Hill of the 21st:
A RESOLUTION expressing regret at the passing of Beulah Cable Cline; and for other purposes.
HR 220. By Representative Greene of the 149th:
A RESOLUTION honoring and remembering the life of Georgia Supreme Court Justice Jesse Groover Bowles, Jr.; and for other purposes.

SATURDAY, FEBRUARY 10, 2007

387

HR 221. By Representatives Gordon of the 162nd, Bryant of the 160th and Jackson of the 161st:
A RESOLUTION commending the Armstrong Atlantic State University moot court team.
HR 222. By Representatives Wilkinson of the 52nd, Keen of the 179th, Porter of the 143rd, Hugley of the 133rd, Burkhalter of the 50th and others:
A RESOLUTION commending Mr. Gerald Bryant on the occasion of his retirement; and for other purposes.
HR 223. By Representatives Loudermilk of the 14th, Lunsford of the 110th, Mills of the 25th, Scott of the 2nd, Dempsey of the 13th and others:
A RESOLUTION recognizing "Home Education Day" at the Capitol; and for other purposes.
HR 224. By Representative Smith of the 113th:
A RESOLUTION recognizing the bicentennial anniversary of David Elder's arrival in Georgia; and for other purposes.
HR 225. By Representatives Keen of the 179th and Burkhalter of the 50th:
A RESOLUTION recognizing Saturday, February 10, 2007, as Family Day at the state capitol and expressing gratitude for the contributors and organizers of Family Day; 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 12, 2007, 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 12, 2007.

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Representative Hall, Atlanta, Georgia

Monday, February 12, 2007

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 E Abrams
Amerson Ashe Barnard Bearden E Beasley-Teague Benfield Benton E Bridges Brooks Bryant Buckner Burkhalter Burns Carter, A Carter, B Casas Chambers Coan Cole Coleman Collins Cooper Cox Crawford, M Crawford, R Davis, H Davis, S Day Dempsey

Dickson E Dollar
Drenner Ehrhart England Everson Fleming E Floyd, H Floyd, J E Forster Franklin Frazier Freeman Gardner Geisinger Glanton Golick Greene Hamilton Hatfield Heard, J Heard, K Heckstall Hembree E Henson Hill, C E Hill, C.A Holmes Holt Houston Howard

E Hudson Hugley Jacobs James Jamieson Jenkins Jerguson Johnson, C Johnson, T Jones, J Jones, S Kaiser Keen Keown Knox Lakly Lane, B Lane, R Levitas Lewis Lindsey Lord Loudermilk Lunsford Maddox Manning
E Marin Martin Maxwell May
E McCall

McKillip Meadows E Millar Mills Mitchell Morgan Morris Mosby Mumford Murphy Neal Nix Oliver O'Neal Parham Parrish Parsons Peake Porter Pruett Randall Rice Roberts Rogers Royal Rynders Sailor Scott, A Scott, M Sellier

Setzler Shaw Sheldon E Shipp Sims, B E Sims, C Sims, F E Sinkfield Smith, B Smith, L Smith, R Smith, T Smith, V E Smyre Starr Stephens Talton Teilhet E Thomas, A.M Thomas, B Tumlin Watson Willard Williams, A Williams, E Williams, M Williams, R Wix Yates Richardson, Speaker

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

Representatives Black of the 174th, Bruce of the 64th, Butler of the 18th, Byrd of the 20th, Channell of the 116th, Cheokas of the 134th, Epps of the 128th, Fludd of the 66th, Gordon of the 162nd, Graves of the 12th, Hanner of the 148th, Harbin of the 118th, Horne of the 71st, Jackson of the 161st, Jordan of the 77th, Knight of the 126th, Lucas of the 139th, Mangham of the 94th, Powell of the 29th, Ralston of the 7th, Reece of the 11th, Reese of the 98th, Stanley-Turner of the 53rd, Stephenson of the 92nd, Walker of the 107th, and Wilkinson of the 52nd.

MONDAY, FEBRUARY 12, 2007

389

They wish to be recorded as present.
Prayer was offered by Reverend Charles E. Goodman, Tabernacle Baptist Church, Augusta, Georgia.
The members pledged allegiance to the flag.
Representative Lakly of the 72nd, 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 377. By Representative Knox of the 24th:
A BILL to be entitled an Act to amend Title 33 of the O.C.G.A., relating to insurance, so as to provide a short title; to define certain terms; to provide for reorganization of mutual insurers and formation of mutual insurance holding companies; to provide for mergers of mutual insurers or other entities with mutual insurance holding companies; to provide for approval of reorganization plans or merger plans by policyholders; to provide for approval of reorganization plans or merger plans by the Commissioner of Insurance; to provide for domestication of mutual insurance holding

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companies; to provide for conversion of mutual insurance holding companies; to provide for applicability of certain provisions and rehabilitation and liquidation; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 378. By Representatives Mumford of the 95th, Lunsford of the 110th, Holt of the 112th, Bearden of the 68th, Powell of the 29th and others:
A BILL to be entitled an Act to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of rates, underwriting rules, and related organizations with regard to insurance, so as to enact the "Medical Malpractice Insurance Reform Act"; to provide a short title; to require medical malpractice insurers to file rates, rating plans, rating systems, and underwriting rules; to require that medical malpractice insurers develop rates based on each insurers experience in this state; to provide for the content of experience filings; to prohibit the retention of excess loss reserves; to require medical malpractice insurers to file certain reports and information; to provide for a summary report to the General Assembly by the Commissioner of Insurance and the contents thereof; to authorize the Commissioner to promulgate certain rules and regulations; to provide for public hearings in connection with certain medical malpractice insurance filings; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 379. By Representatives Coleman of the 97th and Bridges of the 10th:
A BILL to be entitled an Act to amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement under the Employees Retirement System of Georgia, so as to provide that a member who, immediately prior to becoming a member, was employed in a position covered under Chapter 22 of this title, relating to the Georgia Defined Contribution Plan, may obtain creditable service under such retirement system; to provide for application and the payment of the full actuarial cost of such credit; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.

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391

HB 380. By Representatives Hill of the 21st, Scott of the 2nd, Stephens of the 164th, Parsons of the 42nd, Knight of the 126th and others:

A BILL to be entitled an Act to amend Code Section 48-3-3 of the Official Code of Georgia Annotated, relating to tax execution by tax collectors and tax commissioners, so as to change certain provisions regarding the mailing of bills or notices; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ways & Means.

HR 212. By Representatives Benfield of the 85th, Mangham of the 94th, Mitchell of the 88th, Henson of the 87th, Watson of the 91st and others:

A RESOLUTION honoring the life and service of Tom Scott and dedicating the Tom Scott 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 341 HB 342 HB 343 HB 344 HB 345 HB 346 HB 347 HB 348 HB 349 HB 350 HB 351 HB 352 HB 353 HB 354 HB 355 HB 356 HB 357 HB 358 HB 359 HB 360 HB 361 HB 362 HB 363

HB 364 HB 365 HB 366 HB 367 HB 368 HB 369 HB 370 HB 371 HB 372 HB 373 HB 374 HB 375 HB 376 HR 5 HR 199 HR 200 HR 201 HR 205 SB 5 SB 17 SB 40 SB 54

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Representative Rynders of the 152nd District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

Your Committee on Intragovernmental Coordination - 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 320 Do Pass HB 331 Do Pass

Respectfully submitted, /s/ Rynders of the 152nd
Chairman

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

HOUSE RULES CALENDAR MONDAY, FEBRUARY 12, 2007

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 119

Certain justices and judges; annual salaries; increase (Substitute)(Judy49th)

HB 120

Supreme Court; Court of Appeals; certain judges; travel allowances; provide (Judy-49th)

HB 171

Motor vehicles; scrap metal or parts; certificates of title; provisions (Substitute)(MotV-51st)

Modified Open Rule

None

MONDAY, FEBRUARY 12, 2007

393

Modified Structured Rule

HB 89

Firearms; carrying and possession; change provisions (JudyNC-68th)

Structured Rule

HB 91

Executive branch of government; certain reports; provide to General Assembly (Substitute)(B&FAO-81st)

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

A BILL to be entitled an Act to authorize the consolidated government of Columbus, Georgia, 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 331. By Representatives Davis of the 109th, Mosby of the 90th, Starr of the 78th and Watson of the 91st:

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.

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

By unanimous consent, the following roll call vote was made applicable to 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black E Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell
Cheokas Y Coan
Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Dickson
E Dollar Drenner Dukes
Y Ehrhart Y England
Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J
Fludd Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Graves Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C E Hill, C.A Y Holmes

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs
James Y Jamieson
Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas
Lunsford Y Maddox
Mangham Manning Y Marin

Y Martin Y Maxwell Y May E McCall Y McKillip Y Meadows E Millar
Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter
Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the passage of the Bills, the ayes were 143, nays 0.

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

MONDAY, FEBRUARY 12, 2007

395

Representatives Jenkins of the 8th and Setzler of the 35th stated that 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 34. By Senators Williams of the 19th, Rogers of the 21st, Shafer of the 48th, Goggans of the 7th, Unterman of the 45th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, so as to prohibit the possession of photographs of victims by certain persons confined in penal institutions; to provide for exceptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 61. By Senators Mullis of the 53rd, Whitehead, Sr. of the 24th, Seay of the 34th, Butler of the 55th and Staton of the 18th:
A BILL to be entitled an Act to amend Code Section 19-8-16 of the Official Code of Georgia Annotated, relating to investigation by a child-placing agency or other agent, so as to require a petitioner to submit to a criminal history records check; to provide for such an investigation; to provide for a fee; to repeal conflicting laws; and for other purposes.
SB 71. By Senators Williams of the 19th, Rogers of the 21st, Tolleson of the 20th, Staton of the 18th, Douglas of the 17th 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 to submit questions to the voters shall be held on certain dates; 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:

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SR 87. By Senators Smith of the 52nd, Thomas of the 54th, Mullis of the 53rd, Pearson of the 51st and Heath of the 31st:

A RESOLUTION urging the Georgia Department of Human Resources to name the district health office building to be built at Northwest Georgia Regional Hospital in honor of Dr. Raymond F. Corpe; and for other purposes.

The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:

HB 93. By Representative Maddox of the 172nd:

A BILL to be entitled an Act to provide a new charter for the City of Bainbridge; 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 and mayor and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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

SB 34.

By Senators Williams of the 19th, Rogers of the 21st, Shafer of the 48th, Goggans of the 7th, Unterman of the 45th and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, so as to prohibit the possession of photographs of victims by certain persons confined in penal institutions; 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 Judiciary Non-Civil.

SB 61.

By Senators Mullis of the 53rd, Whitehead, Sr. of the 24th, Seay of the 34th, Butler of the 55th and Staton of the 18th:

MONDAY, FEBRUARY 12, 2007

397

A BILL to be entitled an Act to amend Code Section 19-8-16 of the Official Code of Georgia Annotated, relating to investigation by a child-placing agency or other agent, so as to require a petitioner to submit to a criminal history records check; to provide for such an investigation; to provide for a fee; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 71.

By Senators Williams of the 19th, Rogers of the 21st, Tolleson of the 20th, Staton of the 18th, Douglas of the 17th 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 to submit questions to the voters shall be held on certain dates; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Governmental Affairs.

SR 87.

By Senators Smith of the 52nd, Thomas of the 54th, Mullis of the 53rd, Pearson of the 51st and Heath of the 31st:

A RESOLUTION urging the Georgia Department of Human Resources to name the district health office building to be built at Northwest Georgia Regional Hospital in honor of Dr. Raymond F. Corpe; 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:

Frazier of the 123rd, Randall of the 138th, Buckner of the 130th, Benton of the 31st, and Powell of the 29th.

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

HR 226. By Representative Byrd of the 20th:

A RESOLUTION expressing cultural, economic, and educational cooperation with the People's Republic of China and inviting his Excellency

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Zhou Wenzhong and Councilor Li Liansheng to appear before the House of Representatives; and for other purposes.

HR 227. By Representative Porter of the 143rd:

A RESOLUTION recognizing and congratulating the Dublin High School Fighting Irish football team on winning the 2006 Class AA State Football Championship and inviting them 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 148 HR 204 HR 226

Do Pass Do Pass Do Pass

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

HR 148. By Representatives Ralston of the 7th and Franklin of the 43rd:

A RESOLUTION commending Glenn Burns and inviting him to appear before the House of Representatives; and for other purposes.

HR 204. By Representatives Smith of the 113th, Crawford of the 127th and McCall of the 30th:

A RESOLUTION recognizing the 4-H Clubs of Georgia and inviting Ms. Abigail Grace Lloyd, Dr. Roger C. (Bo) Ryles, and the 2006-2007 4-H Leadership Team to appear before the House of Representatives; and for other purposes.

HR 226. By Representative Byrd of the 20th:

A RESOLUTION expressing cultural, economic, and educational cooperation with the People's Republic of China and inviting his Excellency Zhou Wenzhong and Councilor Li Liansheng 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:

MONDAY, FEBRUARY 12, 2007

399

HB 119. By Representatives Willard of the 49th, Ralston of the 7th, Lindsey of the 54th, Fleming of the 117th, Tumlin of the 38th and others:

A BILL to be entitled an Act to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials and cost of living adjustments, so as to increase the annual salaries of Supreme Court Justices, Court of Appeals Judges, and superior court judges; 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 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials and cost of living adjustments, so as to increase the annual salaries of Supreme Court Justices, Court of Appeals Judges, and superior court judges; 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 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials and cost of living adjustments, is amended by revising paragraphs (18), (19), and (20) of subsection (a) as follows:

"(18) Each Justice of the Supreme Court

139,418.00 170,500.00

(19) Each Judge of the Court of Appeals

138,556.00 169,500.00

(20) Each superior court judge

99,862.00 128,400.00

Each superior court judge shall also receive any supplement paid to such judge by the county or counties of such judges judicial circuit as may be provided for by law. Each superior court judge shall also receive reimbursement of travel expenses as provided by law."

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.

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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 Abrams Y Amerson Y Ashe N Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black E Bridges Y Brooks Y Bruce N Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H N Davis, S N Day

Y Dempsey Y Dickson E Dollar
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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas
Lunsford Y Maddox Y Mangham
Manning Y Marin

Martin Y Maxwell E May E McCall Y McKillip Y Meadows Y Millar E Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece N Reese Y Rice Y Roberts N Rogers Y Royal
Rynders Y Sailor Y Scott, A

Y Scott, M Y Sellier
Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F E Sinkfield N Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stanley-Turner Y Starr
Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard
Williams, A Y Williams, E Y Williams, M 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 Setzler of the 35th 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 120. By Representatives Willard of the 49th, Ralston of the 7th, Lindsey of the 54th, Fleming of the 117th, Tumlin of the 38th and others:

MONDAY, FEBRUARY 12, 2007

401

A BILL to be entitled an Act to amend Chapter 2 and Chapter 3 of Title 15 of the Official Code of Georgia Annotated, relating to the Supreme Court and Court of Appeals respectively, so as to provide for travel allowances for certain appellate Justices and Judges; 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black E Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler
Byrd Y Carter, A Y Carter, B
Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper N Cox Y Crawford, M Y Crawford, R
Davis, H N Davis, S Y Day

Y Dempsey Y Dickson E Dollar
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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson
Hill, C E Hill, C.A Y Holmes

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas 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 E McCall Y McKillip Y Meadows
Millar E Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter N Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the passage of the Bill, the ayes were 155, nays 4.

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The Bill, having received the requisite constitutional majority, was passed.
Representatives May of the 111th, Setzler of the 35th, and Stephens of the 164th stated that 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 171. By Representative Rice of the 51st:
A BILL to be entitled an Act to amend Code Sections 40-3-36 and 43-43-3 of the Official Code of Georgia Annotated, relating to certificates of title for scrap motor vehicles, so as to authorize the use of a statement of the vehicle owner who does not have a valid title upon the sale of such vehicle; to prescribe conditions for use of the statement; to authorize the Department of Revenue to promulgate such statement; 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 Sections 40-3-36 and 43-43-3 of the Official Code of Georgia Annotated, relating to certificates of title for scrap motor vehicles, so as to authorize the use of a statement of the vehicle owner who does not have a valid title upon the sale of such vehicle; to prescribe conditions for use of the statement; to authorize the Department of Revenue to promulgate such statement; 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 40-3-36 of the Official Code of Georgia Annotated, relating to cancellation of certificates of title for scrap motor vehicles, is amended by revising subsections (a) and (b) as follows:
"(a)(1) Any registered owner or authorized agent of a registered owner who in any manner sells or disposes of any motor vehicle as scrap metal or parts only or who scraps, dismantles, or demolishes a motor vehicle shall within 72 hours mail or deliver the certificate of title to the commissioner for cancellation. (2) Notwithstanding any other provision of this article to the contrary, if the owner or authorized agent of the owner has not obtained a title in his or her name for the vehicle to be transferred, or has lost the title for the vehicle to be transferred, he or she may sign a statement swearing that, in addition to the foregoing conditions, the vehicle is worth $750.00 or less and is at least 12 model years old. The statement

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described in this paragraph may be used only to transfer such a vehicle to a licensed used motor vehicle parts dealer under Code Section 43-47-7 or scrap metal processor under Code Section 43-43-1. The department shall promulgate a form for the statement which shall include, but not be limited to:
(A) A statement that the vehicle shall never be titled again; it must be dismantled or scrapped; (B) A description of the vehicle including the year, make, model, vehicle identification number, and color; (C) The name, address, and drivers license number of the owner; (D) A certification that the owner:
(i) Never obtained a title to the vehicle in his or her name; or (ii) Was issued a title for the vehicle, but the title was lost or stolen; (E) A certification that the vehicle: (i) Is worth $750.00 or less; (ii) Is at least 12 model years old; and (iii) Is not subject to any secured interest or lien. (F) An acknowledgment that the owner realizes this form will be filed with the department and that it is a felony, punishable by imprisonment for not fewer than one nor more than three years or a fine of not less than $1,000.00 nor more than $5,000.00, or both, to knowingly falsify any information on this statement; (G) The owners signature and the date of the transaction; (H) The name and address of the business acquiring the vehicle; (I) A certification by the business that $750.00 or less was paid to acquire the vehicle; and (J) The business agents signature and date along with a printed name and title if the agent is signing on behalf of a corporation. (3) The used motor vehicle parts dealer or scrap metal processor shall mail or otherwise deliver the statement required under paragraph (2) of this subsection to the department within 72 hours of the completion of the transaction, requesting that the department cancel the Georgia certificate of title and registration. (2)(4)(A) The registered owner of any motor vehicle which is damaged to the extent that its restoration to an operable condition would require the replacement of the front clip assembly, which includes the fenders, hood, and bumper; the rear clip assembly, which includes the quarter panels, the floor panel assembly, and the roof assembly, excluding a soft top; the frame; and a complete side, which includes the fenders, door, and quarter panel shall mail or deliver the certificate of title to the commissioner for cancellation. (B) A motor vehicle owner who retains possession of a damaged vehicle which is a salvage motor vehicle as defined in paragraph (11) of Code Section 40-3-2 shall surrender the license plates and registration for such vehicle, shall not operate such vehicle upon the roads of this state, and shall not sell, trade, or otherwise dispose of such vehicle prior to obtaining a salvage certificate of title for such vehicle.

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(C) Any insurance company which acquires a damaged motor vehicle by virtue of having paid a total loss claim shall mail or deliver the certificate of title to the commissioner for cancellation. In every case in which a total loss claim is paid and the insurance company does not acquire such damaged motor vehicle, the insurance company paying such total loss claim, the vehicle owner, and the lienholder or security interest holder, as applicable, shall take the following steps to secure a salvage certificate of title for such motor vehicle:
(i) If the vehicle owner is in possession of the certificate of title, the owner shall deliver the certificate of title to the insurance company prior to any payment of the claim, and the insurance company shall mail or deliver the certificate of title, an application for a salvage certificate of title, and the form provided by the commissioner for issuance of a salvage certificate of title; (ii) If the certificate of title has been lost, destroyed, or misplaced, the vehicle owner shall, prior to payment of the claim on such vehicle, complete an application for a replacement title on the form provided by the commissioner and deliver such application and form to the insurance company and the insurance company shall mail or deliver such application and form to the commissioner for issuance of a replacement original title marked salvage; (iii) If the lienholder or security interest holder has possession of the certificate of title, the vehicle owner shall complete an application for a replacement title on a form provided by the commissioner and shall deliver the completed form to the insurance company prior to the payment of the claim; the insurance company shall thereafter mail or deliver the application to the commissioner with notice of the payment of the total loss claim and the name and address of the lienholder or security interest holder in possession of the title. The commissioner shall mail notice to the lienholder or security interest holder that a total loss claim has been paid on the vehicle and that the title to such vehicle has been canceled, and the commissioner shall provide to the lienholder or security interest holder a salvage certificate of title for such vehicle, provided that the validity of the security interest shall not be affected by issuance of a salvage certificate of title. The lienholder or security interest holder shall, within ten days after receipt of such notice of total loss claim and cancellation of the original certificate of title, mail or deliver the canceled original certificate of title to the commissioner; or (iv) For the sole purpose of payment of a total loss claim, for any vehicle ten years of age or older for which neither the vehicle owner nor the lienholder or security interest holder, if any, possesses a certificate of title, the vehicle owner shall deliver the vehicle license plate and certificate of registration for such vehicle to the insurance company prior to payment of any claim and the insurance company shall mail or deliver the license plate and certificate of registration to the commissioner with a completed form provided by the commissioner; provided, however, that the vehicle owner shall not operate such vehicle and the owner shall obtain a certificate of title for such vehicle as provided by law, which certificate of title shall then be subject to cancellation as provided in this paragraph.

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405

(D) The department shall give priority to the title submissions provided for in subparagraph (C) of this paragraph and shall issue a salvage certificate of title for such vehicles within seven days of receipt of such submissions by an insurance company." "(b) Except as provided in subsection (a) of this Code section, any person, firm, or corporation which purchases or otherwise acquires a salvage motor vehicle shall apply to the commissioner for a salvage certificate of title for such motor vehicle within 30 days of the purchase or acquisition of the motor vehicle or within 30 days of the payment of a total loss claim as provided in paragraph (2)(4) of subsection (a) of this Code section to the registered owner of the salvage motor vehicle, if the person, firm, or corporation intends to operate or to sell, convey, or transfer the motor vehicle; and no such person, firm, or corporation shall sell, transfer, or convey a salvage motor vehicle until such person, firm, or corporation has applied for and obtained a salvage certificate of title."

SECTION 2. Code Section 43-43-3 of the Official Code of Georgia Annotated, relating to cancellation of certificates of title for scrap motor vehicles, is revised as follows:
"43-43-3. Should a scrap metal processor be presented the certificate of title or vehicle license plate for any vehicle or scrap vehicle purchased, that scrap metal processor shall mail or deliver the same to the Department of Revenue as required by law. In lieu of a certificate of title, an affidavit in accordance with the provisions of subsection (a) of Code Section 40-3-36 shall be obtained by a scrap metal processor. All other requirements of subsection (a) of Code Section 40-3-36 shall be complied with, including maintenance of a copy of such affidavit, and any other rules promulgated pursuant thereto."

SECTION 3. This Act shall become effective on July 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 Abrams Y Amerson Y Ashe

Y Dempsey Y Dickson E Dollar
Drenner

Y Holt Y Horne Y Houston Y Howard

Y Martin Y Maxwell Y May E McCall

Y Scott, M Y Sellier
Setzler Y Shaw

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Y Barnard Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black E Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd
Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson
Hill, C E Hill, C.A Y Holmes

Hudson Y Hugley Y Jackson Y Jacobs Y James
Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y McKillip Y Meadows
Millar E Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake
Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F E Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V E Smyre
Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard
Williams, A Y Williams, E Y Williams, M 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.

Representatives Forster of the 3rd and Setzler of the 35th stated that 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 91. By Representatives Chambers of the 81st, Harbin of the 118th, Ehrhart of the 36th and Martin of the 47th:

A BILL to be entitled an Act to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to organization of the executive branch generally, so as to require each department, commission, authority, and agency of the executive branch of government to provide certain reports

MONDAY, FEBRUARY 12, 2007

407

annually to the General Assembly; to provide for the contents of such reports; to provide for the time of submitting such reports; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to organization of the executive branch generally, so as to require each department, commission, authority, and agency of the executive branch of government to provide certain reports annually to the General Assembly; to provide for the contents of such reports; to provide for the time of submitting such reports; 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 50 of the Official Code of Georgia Annotated, relating to organization of the executive branch generally, is amended by adding a new Code Section 50-4-8 to read as follows:
"50-4-8. (a) As used in this Code section, the term 'agency' shall mean each department, commission, authority, and agency of the executive branch of government. (b) On or before September 30, 2007, and on or before September 30 of each following year, each agency shall file with the presiding officers of each house of the General Assembly and with the chairpersons of the Senate Appropriations Committee, the House Committee on Appropriations, and the House Budget and Fiscal Affairs Oversight Committee a report covering the immediately preceding fiscal year that contains the information required by this Code section. (c) The report required by this Code section shall contain:
(1) A statement of the tax revenues and operating revenues received by the agency during the immediately preceding fiscal year; (2) A statement of the total expenditures made by the agency during the immediately preceding fiscal year; (3) A list of all written contracts entered into by the agency during the immediately preceding fiscal year which call for the agency to expend at any time in the aggregate more than $50,000.00; (4) A list of any employment or consultant contracts, whether or not in writing, under which the employee or consultant is to be compensated more than $20,000.00, including direct and indirect or deferred benefits. When a person or firm, whose salary or fee is reportable under this paragraph, shall have his or her compensation increased at any time, the amount of such increase and the total new rate shall be

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reported for the period in which the increase takes effect. The list of contracts shall state the anticipated amount of funds to be paid thereunder or the formula for determining such amount; (5) A list of the names of each person, firm, or corporation that has received from the agency during the immediately preceding fiscal year payments in excess of $20,000.00, including the amount paid to such person, firm, or corporation during such period; and (6) A list of consultant expenses and other professional services expenses; salaries and expenses of full-time and part-time employees and board members; and payments rendered by outside companies or agencies to the agency for any and all services. Social security numbers shall not be used as employee identifiers in these reports. (d) The report required by this Code section shall be in addition to any other reports that an agency shall make to the General Assembly pursuant to other provisions of law."

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black E Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas

Y Dempsey Y Dickson E Dollar
Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H
Floyd, J Y Fludd
Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R

Y Martin Y Maxwell Y May E McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett

Y Scott, M Y Sellier
Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F E Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin

MONDAY, FEBRUARY 12, 2007

409

Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

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

Y Levitas 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 Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Walker Y Watson Y Wilkinson Y Willard
Williams, A Y Williams, E Y Williams, M 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.

Representatives Forster of the 3rd and Setzler of the 35th stated that 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 89. By Representatives Bearden of the 68th, Horne of the 71st and Hatfield of the 177th:

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 the carrying and possession of firearms, so as to change certain provisions regarding the transportation of certain firearms; 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 N Abrams Y Amerson N Ashe Y Barnard Y Bearden Y Beasley-Teague N Benfield Y Benton Y Black E Bridges N Brooks N Bruce

Y Dempsey Y Dickson E Dollar
Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming N Floyd, H Y Floyd, J N Fludd

Y Holt Y Horne Y Houston N Howard Y Hudson N Hugley N Jackson Y Jacobs Y James
Jamieson Y Jenkins Y Jerguson N Johnson, C

Y Martin Y Maxwell Y May E McCall N McKillip Y Meadows Y Millar Y Mills Y Mitchell N Morgan Y Morris N Mosby Y Mumford

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C Y Sims, F E Sinkfield Y Smith, B Y Smith, L Y Smith, R

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Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Forster Y Franklin N Frazier Y Freeman N Gardner Y Geisinger Y Glanton Y Golick N Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C E Hill, C.A N Holmes

Y Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox N Mangham
Manning N Marin

N Murphy Y Neal Y Nix N Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston N Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders N Sailor Y Scott, A

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

On the passage of the Bill, the ayes were 130, nays 38.

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

The following Resolutions of the House were read and adopted:

HR 229. By Representatives Shaw of the 176th, Carter of the 175th and Black of the 174th:

A RESOLUTION honoring Amanda Kozak for her selection as the second runner-up in the Miss America pageant and her crowning as Miss Georgia 2006; and for other purposes.

HR 230. By Representatives Fleming of the 117th, Harbin of the 118th, Sims of the 119th, Smith of the 113th, Keen of the 179th and others:

A RESOLUTION commending U.S. Representative Charles Whitlow Norwood, Jr., D.D.S.; and for other purposes.

HR 231. By Representatives Rogers of the 26th, Collins of the 27th, Mills of the 25th and Benton of the 31st:

MONDAY, FEBRUARY 12, 2007

411

A RESOLUTION honoring and remembering the life of Mr. Wright Willingham; and for other purposes.
HR 232. By Representatives Buckner of the 130th, England of the 108th, Benton of the 31st, Roberts of the 154th, Epps of the 128th and others:
A RESOLUTION commending the Georgia Rural Health Association and recognizing February 13, 2007, as "Rural Health Day"; and for other purposes.
HR 233. By Representatives Coleman of the 97th, Casas of the 103rd, Maxwell of the 17th, Jones of the 46th, Cox of the 102nd and Reese of the 98th:
A RESOLUTION commending the Professional Association of Georgia Educators (PAGE) and recognizing "PAGE Day on Capitol Hill" and for other purposes.
HR 234. By Representative Byrd of the 20th:
A RESOLUTION commending Jeremy Daniel Black on attaining the rank of Eagle Scout; and for other purposes.
HR 235. By Representatives Gardner of the 57th, Ashe of the 56th and Manning of the 32nd:
A RESOLUTION commending the American Red Cross and proclaiming March, 2007, American Red Cross Month in Georgia; and for other purposes.
HR 236. By Representative Royal of the 171st:
A RESOLUTION celebrating the life of Edward Sidney "Dick" Chambers and offering condolences on his passing; and for other purposes.
HR 237. By Representatives Benton of the 31st and Jamieson of the 28th:
A RESOLUTION commending the 2007 Maysville Autumn Leaf Festival; and for other purposes.
HR 238. By Representative Burkhalter of the 50th:
A RESOLUTION commending Howard (Chip) Alford Lovejoy IV; and for other purposes.

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HR 239. By Representative Parsons of the 42nd:
A RESOLUTION recognizing February 13, 2007, as "Historic Preservation Day"; and for other purposes.
HR 240. By Representatives Wix of the 33rd, Johnson of the 37th and Tumlin of the 38th:
A RESOLUTION recognizing and commending Kaiser Permanente of Georgia; and for other purposes.
By unanimous consent, HB 76 having been previously postponed, was again postponed until the next legislative day.
Representative Keen of the 179th moved that the House do now adjourn until 3:00 o'clock, tomorrow afternoon, and the motion prevailed.
The Speaker announced the House adjourned until 3:00 o'clock, tomorrow afternoon.

TUESDAY, FEBRUARY 13, 2007

413

Representative Hall, Atlanta, Georgia

Tuesday, February 13, 2007

The House met pursuant to adjournment at 3:00 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 Abrams Amerson Ashe Barnard Bearden Benfield Benton Black Bridges Brooks Bryant Buckner Burkhalter Burns Butler Byrd Carter, A Carter, B Casas Chambers Channell Cheokas Coan Cole Coleman Collins Cooper Cox Crawford, M Crawford, R Davis, H Davis, S

Day Dempsey Dickson Dollar Drenner Ehrhart England Epps Everson Fleming Floyd, H Floyd, J Forster Franklin Frazier Freeman Gardner Geisinger Glanton E Golick Gordon Graves Greene Hamilton Hanner Hatfield Heard, J Heard, K Heckstall Hembree Hill, C Hill, C.A

Holmes Holt Horne Howard Hudson Hugley Jackson Jacobs James Jamieson Jenkins Jerguson Johnson, C Jones, J Jones, S Jordan Kaiser Keen Keown Knight Knox Lakly Lane, B Lane, R Levitas Lewis Lindsey Lord Loudermilk Maddox Mangham Manning

Maxwell May McCall McKillip Meadows Millar Mills Mitchell E Morgan Mumford Murphy Neal Nix Oliver O'Neal Parham Parrish Parsons Peake Porter Powell Pruett Ralston Randall E Reece Reese Rice Rogers Royal Rynders Sailor Scott, A

Scott, M Sellier Setzler Shaw Sheldon Shipp Sims, B Sims, C Sims, F E Sinkfield Smith, B Smith, L Smith, R Smith, T Smith, V E Smyre Stanley-Turner Starr Stephens Talton Teilhet Thomas, A.M Thomas, B Tumlin Watson E Wilkinson Williams, E Williams, M 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, Bruce of the 64th, Fludd of the 66th, Harbin of the 118th, Henson of the 87th, Houston of the 170th, Lucas of the 139th, Lunsford of the 110th, Marin of the 96th, Martin of the 47th, Morris of the 155th, Mosby of the 90th, Roberts of the 154th, Stephenson of the 92nd, Walker of the 107th, Willard of the 49th, and Williams of the 165th.

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They wish to be recorded as present.

Prayer was offered by Chaplain Ben Flowers, General Assembly, Atlanta, Georgia.

The members pledged allegiance to the flag.

Representative Lakly of the 72nd, 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 3.

By Representatives Sailor of the 93rd, Ehrhart of the 36th, Talton of the 145th, Jones of the 44th, Mosby of the 90th 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 definitions; to provide that, when an unmarried mother desires to surrender her parental rights to her newborn child, the child cannot be transferred to the custody of a third party without the consent of the biological father; to provide for notice; to provide for exceptions; to provide for remedies and attorney fees and expenses of litigation; to provide for related matters; to repeal conflicting laws; and for other purposes.

TUESDAY, FEBRUARY 13, 2007

415

Referred to the Committee on Judiciary.
HB 14. By Representative Cox of the 102nd:
A BILL to be entitled an Act to amend Article 5 of Chapter 2 of Title 20 of the O.C.G.A., relating to local school superintendents, so as to provide for a local school superintendent to be elected if provided for by local law; to provide for terms of office for elected local school superintendents; to provide for qualifications of elected local school superintendents; to provide for filling of vacancies; to change certain provisions relating to compensation of local school superintendents; to amend Code Section 21-5-3 of the O.C.G.A., relating to definitions relative to ethics in government, so as to include elected local school superintendents in the definition of "public officer"; 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.
Referred to the Committee on Governmental Affairs.
HB 381. By Representatives Levitas of the 82nd, Powell of the 29th, Lindsey of the 54th, Jacobs of the 80th, Chambers of the 81st and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the nonpartisan election of sheriffs, district attorneys, and solicitor generals; to provide for the qualifying for such offices; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 382. By Representative Ehrhart of the 36th:
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 repeal required 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 Intragovernmental Coordination - Local.

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HB 383. By Representative Mills of the 25th:
A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, the "Georgia Condominium Act," so as to define certain terms; to provide that a declarant shall pay certain expenses; to provide for exceptions; to provide for an exception for a certain obligation to provide a certificate of occupancy; to provide for the effect on land use and zoning ordinances or laws of an expandable condominium; to provide for the creation of a subcondominium; to provide for a subassociation; to provide for insurance; to provide for the effect of certain liens; to provide for eminent domain; to provide for the description of certain units; to provide for assessments; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 384. By Representative Manning of the 32nd:
A BILL to be entitled an Act to amend Part 7 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to adverse personnel actions relative to public school employees, so as to provide for a right of representation for such employees; to provide for notice, waiver, and the employee's responsibility; to provide that, absent waiver or representation, an employee is not required to answer questions at a disciplinary meeting; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 385. By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend Titles 14, 16, 40, and 48 of the Official Code of Georgia Annotated, relating, respectively, to corporations, partnerships, and associations, crimes and offenses, motor vehicles, and revenue and taxation, so as to provide for the comprehensive revision of provisions relating to state and local taxation; to provide effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 386. By Representatives Lane of the 167th and Willard of the 49th:

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A BILL to be entitled an Act to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to superior court fees and construction of fee provisions, so as to provide for additional filing fees for recording an instrument that requires cross-indexing to other previously recorded documents; to provide for additional filing fees for recording an instrument that cancels, satisfies, or releases certain liens; to require that clerks perform certain functions with regard to lien cancellations or requests for crossindexing; to provide for recording by electronic means; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 387. By Representatives Loudermilk of the 14th, Keen of the 179th, Burkhalter of the 50th, Fleming of the 117th, Roberts of the 154th 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 make certain findings; to provide for annual observance of "Georgia Day"; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Rules.
HB 388. By Representatives Smith of the 168th, Roberts of the 154th and Sims of the 169th:
A BILL to be entitled an Act to create a board of elections and registration for Jeff Davis County and provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of its members; to provide for the qualification, terms, and removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and 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 officers 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 for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 389. By Representatives Lewis of the 15th and Ehrhart of the 36th:
A BILL to be entitled an Act to amend Title 46 of the O.C.G.A., relating to public utilities and public transportation, so as to change the definition of motor common carrier and limousine carrier; to provide that the Public Service Commission is not authorized to set, adjust, or change rates or charges for transportation of passengers or property by certain vehicles managed or operated by a limousine carrier; to provide that any existing tariff regulating such rates or charges is void; to provide for inclusion of the motor carrier authorization number in any advertising for a limousine carrier; to require commercial liability and indemnity insurance for limousine carriers; to provide for enforcement of such advertising and insurance requirements; to provide that the provisions and powers of the Public Service Commission relating to limousines shall apply to all vehicles of specified types that are managed or operated by limousine carriers; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
HB 390. By Representative Harbin of the 118th:
A BILL to be entitled an Act to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees health insurance plan, so as to authorize the Board of Community Health to contract for the continuation of health insurance for certain persons who retire as employees of community service boards and their dependents; to provide for the collection and payment of contributions; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 391. By Representatives Rogers of the 26th, Parham of the 141st, Knox of the 24th, Heard of the 114th, Loudermilk of the 14th and others:
A BILL to be entitled an Act to amend Code Section 43-8B-5 of the Official Code of Georgia Annotated, relating to the State Board of Cemeterians and the number, terms, appointments, vacancies, and removal of members, so as to change certain provisions relating to qualifications of board members; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.

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HB 392. By Representatives Powell of the 29th, Burkhalter of the 50th, Harbin of the 118th, Porter of the 143rd, Rice of the 51st and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special license plates, so as to provide a special license plate honoring The Garden Club of Georgia, Inc.; to provide that a portion of the funds generated by the sale of such special license plate be disbursed to The Garden Club of Georgia, Inc.; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 393. By Representatives Stephens of the 164th, Williams of the 4th, Tumlin of the 38th, Amerson of the 9th, Shaw of the 176th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for distribution and sale of wine, so as to change certain provisions relating to licensing of farm wineries to engage in retail and wholesale sales, surety bond, and excise taxes; to change certain provisions relating to sale by farm wineries of wines, distilled spirits, and malt beverages on or contiguous to its own premises; to change certain provisions relating to creation of limited exceptions so as to permit direct shipment of wine; to provide for farm winery special order shipping licenses; to regulate direct shipment of wine to consumers by holders of such licenses; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 394. By Representatives Lunsford of the 110th, Ralston of the 7th, O`Neal of the 146th, Harbin of the 118th, Morris of the 155th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 11 of Title 16 of the O.C.G.A., relating to offenses against public order, so as to provide for the crime of unlawful conduct during 9-1-1 calls; to provide for criminal penalties; 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 that certain fees collected on behalf of local governments shall be paid to the Department of Community Affairs for disbursement to the local governments; to provide for an accounting; to provide for an administrative fee; 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

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Emergency 9-1-1 Assistance Fund; to provide a statement of intent with respect to 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 related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 395. By Representatives Shaw of the 176th, Lindsey of the 54th, Mumford of the 95th and Lucas of the 139th:
A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation of first offenders, so as to clarify first offender status and provide duties, obligations, and responsibilities for the clerk of court, the probation department, and the Department of Corrections; to provide for discharge as a matter of law; to specify entities to whom first offender information shall be provided; to change the provisions relating to first offender dispositions and the release of records thereof; to amend Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to disclosure and dissemination of criminal records to private persons and businesses, so as to conform a cross-reference; to amend Code Section 16-11-131 of the Official Code of Georgia Annotated, relating to possession of firearms by convicted felons and first offender probationers, so as to conform a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 396. By Representatives Channell of the 116th, Harbin of the 118th, Parrish of the 156th and Stephens of the 164th:
A BILL to be entitled an Act to amend Code Section 49-5-273 of the Official Code of Georgia Annotated, relating to the creation and operation of the PeachCare for Kids Program, so as to require the Department of Community Health to contract for eligibility verification services; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 397. By Representatives Cox of the 102nd and Gardner of the 57th:
A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the O.C.G.A., relating to controlled substances, Chapter 4 of Title 26 of the

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O.C.G.A., relating to pharmacists, Article 8 of Chapter 7 of Title 31 of the O.C.G.A., relating to health service provider psychologists, and Chapter 39 of Title 43 of the O.C.G.A., relating to psychologists, so as to authorize certain psychologists to prescribe drugs in certain circumstances; to provide that psychologists certified to prescribe drugs are exempt from civil and criminal liability as are other medical professionals licensed to prescribe; to exempt from liability pharmacists and nurses acting in good faith upon the orders of a psychologist certified to prescribe; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 398. By Representatives Oliver of the 83rd, Hugley of the 133rd, Thomas of the 100th, Fludd of the 66th and Stephenson of the 92nd:
A BILL to be entitled an Act to amend Article 1 of Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury generally, so as to include title pawn transactions; to amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to change the laws relating to pawnbrokers; to change definitions; to provide for different treatment of title pawn transactions; to provide for reductions in interest and fees for title pawn transactions; to provide for notice; to provide for criminal and civil penalties; to change provisions relating to pawnbrokers liens; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Banks & Banking.
HB 399. By Representatives Davis of the 109th and Lunsford of the 110th:
A BILL to be entitled an Act 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 qualified soil scientists shall be accepted by the Department of Natural Resources for certain purposes; to define certain terms; 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 evaluations and reports of qualified soil scientists shall be accepted by the Department of Human Resources for certain purposes; to define certain terms; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.

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HB 400. By Representatives Ehrhart of the 36th, Scott of the 2nd, Casas of the 103rd, Graves of the 12th and May of the 111th:
A BILL to be entitled an Act to amend Titles 20 and 48 of the Official Code of Georgia Annotated, relating, respectively, to education and revenue and taxation, so as to provide for a program of educational improvement; to provide for definitions; to provide for student scholarship organizations; to provide for educational improvement organizations; to provide for the Student Scholarship Organization and Education Improvement Organization Board; to provide for applications; to provide for accounting; to provide for procedures; to provide for an income tax credit with respect to qualified education 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 401. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Part 3 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to licenses for funeral directors and embalmers, so as to provide for additional options for reciprocity; to provide for certain procedures; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 402. By Representatives Beasley-Teague of the 65th and Horne of the 71st:
A BILL to be entitled an Act to provide for a homestead exemption from City of Palmetto ad valorem taxes for municipal purposes in the amount of $25,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or over; 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 provide for duties and responsibilities of the election superintendent of the City of Palmetto; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 403. By Representatives Jerguson of the 22nd, Byrd of the 20th, Hill of the 21st and Hamilton of the 23rd:

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A BILL to be entitled an Act to repeal an Act creating the Cherokee County Parks and Recreation Authority, approved April 5, 1995 (Ga. L. 1995, p. 4223), as amended, so as to provide for the disposition of property and the assumption of liabilities; to provide for existing contracts; to provide for personnel; to provide for the redirection of funding; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 404. By Representative Channell of the 116th:
A BILL to be entitled an Act to amend Titles 33 and 48 of the O.C.G.A., relating, respectively, to insurance and revenue and taxation, so as to provide for additional exemptions for certain health plans with respect to state and local insurance premium taxes; to provide for related matters; to provide for a sales tax exemption for a limited period of time with respect to certain sales of tangible personal property or services to a qualified small business; 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 income tax credits with respect to certain qualified health insurance expenses or certain contributions related thereto; to provide for other matters relative to the foregoing; to provide effective dates; to provide for applicability; to provide for an automatic repeals under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 405. By Representatives Martin of the 47th, Stephens of the 164th and Parrish of the 156th:
A BILL to be entitled an Act to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to change certain provisions regarding income tax credits for qualified low-income buildings; to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to change certain provisions regarding insurance premium tax credits for qualified low-income buildings; 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.

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HR 1.

By Representatives Cox of the 102nd, Casas of the 103rd, Jamieson of the 28th and Day of the 163rd:

A RESOLUTION proposing an amendment to the Constitution of Georgia so as to provide that a local school superintendent may be elected by a majority of the qualified voters in the school system affected if provided for by local law by the General Assembly for a particular 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 228. By Representatives Rogers of the 26th, Harbin of the 118th, Smith of the 113th, Smith of the 129th, Floyd of the 147th 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 jet fuel and aviation gasoline shall be allocated for activities incident to providing and maintaining an adequate system of public-use airports in this state; to authorize the General Assembly to 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.

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

HB 377 HB 378 HB 379 HB 380 HR 212

SB 34 SB 61 SB 71 SR 87

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 and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

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HB 240 Do Pass HR 170 Do Pass
Respectfully submitted, /s/ McCall of the 30th
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 239 Do Pass
Respectfully submitted, /s/ Lane of the 158th
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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 134 Do Pass
Respectfully submitted, /s/ Rynders of the 152nd
Chairman
Representative Rynders of the 152nd District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:
Mr. Speaker:

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Your Committee on Intragovernmental Coordination - 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 341 HB 345 HB 349

Do Pass Do Pass Do Pass

HB 362 HB 364 HB 371

Do Pass Do Pass Do Pass

Respectfully submitted, /s/ Rynders of the 152nd
Chairman

Representative Day of the 163rd District, Chairman of the Committee on Public Safety and Homeland Security, submitted the following report:

Mr. Speaker:

Your Committee on Public Safety and Homeland Security has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:

HB 218 Do Pass

Respectfully submitted, /s/ Day of the 163rd
Chairman

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

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 13, 2007

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 19th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

HB 106

Peace Officers' Annuity and Benefit Fund; retirement benefit options; provide (Ret-10th)

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427

HB 112

Food; license requirements; fees; applications; change provisions (A&CA30th)

Modified Open Rule

None

Modified Structured Rule

None

Structured Rule

None

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

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

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

HB 341. By Representative Hill of the 180th:

A BILL to be entitled an Act to authorize the City of St. Marys 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 345. By Representative Greene of the 149th:

A BILL to be entitled an Act to amend an Act changing the method of selecting the members of the board of education of Miller County, approved March 21, 1968 (Ga. L. 1968, p. 2529), as amended, so as to provide for the

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compensation of the chairperson and members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 349. By Representatives Royal of the 171st, Rynders of the 152nd and Houston of the 170th:
A BILL to be entitled an Act to amend an Act creating the State Court of Colquitt County (originally the City Court of Colquitt County and established as the Civil and Criminal Court of Colquitt County by Ga. L. 1968, p. 2139), approved August 7, 1931 (Ga. L. 1931, p. 293), 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 construction and 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 362. By Representatives Bryant of the 160th, Gordon of the 162nd, Jackson of the 161st, Day of the 163rd, Stephens of the 164th and others:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Garden City, approved April 17, 1973 (Ga. L. 1973, p. 3581), as amended, so as to provide for the election by the mayor and the city council of a president of council who shall assume the duties of the mayor in the event that the mayor and the mayor pro tem are unavailable; to provide that the mayor pro tem and the president pro tem be elected by secret ballot; 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 364. By Representatives Mumford of the 95th, Sailor of the 93rd, Stephenson of the 92nd and Mangham of the 94th:
A BILL to be entitled an Act to authorize the City of Conyers 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

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429

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 371. By Representative Mills of the 25th:

A BILL to be entitled an Act to authorize the City of Flowery Branch 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.

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan

Y Dempsey Y Dickson 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
Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson
Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C
Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas

Y Martin Y Maxwell Y May
McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan
Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston

Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F E Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M
Thomas, B Y Tumlin Y Walker

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Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

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

Y Randall E Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the passage of the Bills, the ayes were 161, 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:

SB 1.

By Senators Johnson of the 1st, Williams of the 19th, Hamrick of the 30th and Wiles of the 37th:

A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to minors generally, so as to provide that it shall be unlawful for persons required to register as sexual offenders to photograph a minor; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.

SB 32. By Senator Weber of the 40th:

A BILL to be entitled an Act to amend an Act reincorporating the City of Doraville in the County of DeKalb, approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), as amended, so as to change the corporate limits of the city; 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.

SB 70. By Senators Hamrick of the 30th, Hudgens of the 47th, Thompson of the 33rd, Murphy of the 27th, Tarver of the 22nd and others:

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431

A BILL to be entitled an Act to amend Chapter 1 of Title 7 of the O.C.G.A., relating to financial institutions generally, so as to update the banking laws in order to reflect changes in federal law and for other purposes; to exclude the value of good will in certain transactions; to regulate real estate loans; to allow for the electronic transmission of proxy; to allow for share exchange in mergers or consolidations; to define share exchange; to change the qualifications for check sellers; to require background checks on employees and agents of check sellers; to provide for registration and testing of check sellers who are not licensed; to provide for a bond to be posted by check sellers; to provide for a cease and desist order to be issued against noncompliant licensees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 82. By Senators Weber of the 40th, Johnson of the 1st, Shafer of the 48th and Williams of the 19th:
A BILL to be entitled an Act to incorporate the City of Dunwoody in DeKalb County; to provide for a charter for the City of Dunwoody; 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 codes; to provide effective dates and transitional provisions governing the transfer of various functions and responsibilities from DeKalb County to the City of Dunwoody; to provide for severability; to repeal conflicting laws; and for other purposes.
SB 83. By Senators Weber of the 40th, Johnson of the 1st, Shafer of the 48th and Williams of the 19th:
A BILL to be entitled an Act to amend Title 36 of the O.C.G.A., relating to local government, so as to change certain local government provisions with respect to newly created municipalities; to provide for legislative intent; 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 as police stations, fire stations, cultural properties, or vacant properties within the geographical boundaries of the qualified municipality; to provide for procedures, conditions, and limitations; to specify additional service delivery strategy requirements regarding garbage

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and solid waste collection and disposal fees and fire protection services fees; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 87. By Senators Pearson of the 51st, Rogers of the 21st, Schaefer of the 50th, Goggans of the 7th and Whitehead, Sr. of the 24th:

A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, so as to direct the Department of Transportation to seek approval from the Federal Highway Administration to incorporate the use of "RV friendly" markers on specific service signs for business establishments that cater to the needs of persons driving recreational vehicles; to provide for related matters; 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 1.

By Senators Johnson of the 1st, Williams of the 19th, Hamrick of the 30th and Wiles of the 37th:

A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to minors generally, so as to provide that it shall be unlawful for persons required to register as sexual offenders to photograph a minor; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary Non-Civil.

SB 32. By Senator Weber of the 40th:

A BILL to be entitled an Act to amend an Act reincorporating the City of Doraville in the County of DeKalb, approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), as amended, so as to change the corporate limits of the city; 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 Intragovernmental Coordination - Local.

SB 70.

By Senators Hamrick of the 30th, Hudgens of the 47th, Thompson of the 33rd, Murphy of the 27th, Tarver of the 22nd and others:

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A BILL to be entitled an Act to amend Chapter 1 of Title 7 of the O.C.G.A., relating to financial institutions generally, so as to update the banking laws in order to reflect changes in federal law and for other purposes; to exclude the value of good will in certain transactions; to regulate real estate loans; to allow for the electronic transmission of proxy; to allow for share exchange in mergers or consolidations; to define share exchange; to change the qualifications for check sellers; to require background checks on employees and agents of check sellers; to provide for registration and testing of check sellers who are not licensed; to provide for a bond to be posted by check sellers; to provide for a cease and desist order to be issued against noncompliant licensees; 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 82.

By Senators Weber of the 40th, Johnson of the 1st, Shafer of the 48th and Williams of the 19th:

A BILL to be entitled an Act to incorporate the City of Dunwoody in DeKalb County; to provide for a charter for the City of Dunwoody; 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 codes; to provide effective dates and transitional provisions governing the transfer of various functions and responsibilities from DeKalb County to the City of Dunwoody; to provide for severability; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Governmental Affairs.

SB 83.

By Senators Weber of the 40th, Johnson of the 1st, Shafer of the 48th and Williams of the 19th:

A BILL to be entitled an Act to amend Title 36 of the O.C.G.A., relating to local government, so as to change certain local government provisions with respect to newly created municipalities; to provide for legislative intent; 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 as police stations, fire stations,

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cultural properties, or vacant properties within the geographical boundaries of the qualified municipality; to provide for procedures, conditions, and limitations; to specify additional service delivery strategy requirements regarding garbage and solid waste collection and disposal fees and fire protection services fees; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Governmental Affairs.

SB 87.

By Senators Pearson of the 51st, Rogers of the 21st, Schaefer of the 50th, Goggans of the 7th and Whitehead, Sr. of the 24th:

A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, so as to direct the Department of Transportation to seek approval from the Federal Highway Administration to incorporate the use of "RV friendly" markers on specific service signs for business establishments that cater to the needs of persons driving recreational vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Transportation.

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

Gordon of the 162nd, Randall of the 138th, Jamieson of the 28th, and Mills of the 25th.

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 Transportation:

HB 192. By Representatives Smith of the 129th, Everson of the 106th, Rogers of the 26th and Loudermilk of the 14th:

A BILL to be entitled an Act to amend Code Section 32-2-61 of the O.C.G.A.,, relating to limitations on the Department of Transportation's power to contract, so as to provide for an increase in the amount for which the department may execute a negotiated contract; to amend Code Section 32-2-70 of the O.C.G.A., relating to bonds to be posted by successful bidders on department contracts, so as to increase the amount of the contract that requires such bonds; to amend Code Section 32-4-63 of the O.C.G.A., relating to limitations on a county's power to contract, so as to provide for an increase in the amount for which a county may execute a negotiated contract;

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to amend Code Section 32-4-67 of the O.C.G.A., relating to the proposal guaranty by the bidder on a county contract, so as to exempt contracts for engineering or other professional services from the guaranty; 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 referred to the Committee on Rules:
HR 243. By Representatives Keen of the 179th, Burkhalter of the 50th, Roberts of the 154th, Sheldon of the 105th, Fleming of the 117th and others:
A RESOLUTION recognizing and commending U.S. Senator Saxby Chambliss and inviting him to appear before the House of Representatives; and for other purposes.
HR 247. By Representatives Cooper of the 41st, Wilkinson of the 52nd, Lunsford of the 110th, Lindsey of the 54th and Peake of the 137th:
A RESOLUTION honoring Ferrol A. Sams, Jr., M.D., on the occasion of his retirement 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 112. By Representatives McCall of the 30th and England of the 108th:
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 eliminate certain license fees; to change certain provisions relating to applications for licenses and permits relative to milk products, duration of licenses, renewal of licenses, and procedure for denial, revocation, or suspension of licenses; to change certain provisions relating to license requirements for cream testers; to change certain provisions relating to licenses for manufacture, bottling, and distribution of soft drinks, fees, and separate licenses for each business or bottling or manufacturing plant; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

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Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C
Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas 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 Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy E Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall E Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the passage of the Bill, the ayes were 167, nays 0.

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

HB 106. By Representatives Bridges of the 10th and Maxwell of the 17th:

A BILL to be entitled an Act to amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Peace Officers' Annuity and Benefit Fund, payment to surviving spouse, requirements, effect of reemployment, effect of changes in retirement benefits, and payments on death of a member, so as to provide that certain benefit options shall be calculated on the interest rate and mortality basis

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approved from time to time by the board and by other factors; to 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Y Hudson Y Hugley Y Jackson Y Jacobs Y James
Jamieson Y Jenkins Y Jerguson Y Johnson, C
Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning
Marin

Y Martin Y Maxwell E May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan
Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix
Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake
Porter Y Powell Y Pruett Y Ralston Y Randall E Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

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By unanimous consent, HB 76 having been previously postponed, was again postponed until the next legislative day.
The following Resolutions of the House were read and adopted:
HR 248. By Representative Ralston of the 7th:
A RESOLUTION recognizing and commending Mr. Dennis Ralston; and for other purposes.
HR 249. By Representatives Roberts of the 154th, Fleming of the 117th, Keen of the 179th, Porter of the 143rd and Williams of the 165th:
A RESOLUTION recognizing and commending the Georgia Chamber of Commerce and recognizing February 15, 2007, as "Georgia Chamber of Commerce Business Day"; and for other purposes.
HR 250. By Representative Floyd of the 147th:
A RESOLUTION commending Walt Harpe; and for other purposes.
HR 251. By Representatives Geisinger of the 48th, Lindsey of the 54th, Rice of the 51st, Jones of the 46th, Burkhalter of the 50th and others:
A RESOLUTION proclaiming March 6, 2007, as "Georgia Rides to the Capitol Day"; and for other purposes.
HR 252. By Representatives Holt of the 112th and Smith of the 113th:
A RESOLUTION remembering and honoring the life of Mrs. Annette Milliken; and for other purposes.
HR 253. By Representatives Smith of the 129th, Buckner of the 130th, Smith of the 131st and Hugley of the 133rd:
A RESOLUTION celebrating the life of Ann Graffagnino and offering condolences on her passing; and for other purposes.
HR 254. By Representative Ralston of the 7th:
A RESOLUTION commending Douglas William Wayne (Doug) Davenport; and for other purposes.

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HR 255. By Representative Rice of the 51st:
A RESOLUTION commending Alan Richard Cherry on attaining the rank of Eagle Scout; and for other purposes.
HR 256. By Representative Ralston of the 7th:
A RESOLUTION recognizing the 2007 Blue Ridge Mountain Adventure Race; and for other purposes.
HR 257. By Representatives Teilhet of the 40th, Richardson of the 19th, Manning of the 32nd, Cooper of the 41st, Tumlin of the 38th and others:
A RESOLUTION remembering and honoring the life of Dr. Robert Alan Lipson; and for other purposes.
Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Wednesday, February 14, 2007

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 Abrams Amerson Ashe Barnard E Bearden E Beasley-Teague Benton Black Bridges Brooks Bruce Bryant Buckner Burkhalter Byrd Carter, A Carter, B Chambers Channell Cheokas Coan Cole E Coleman Collins Cox Crawford, R Davis, H Davis, S Day Dempsey Dickson

Dollar Drenner Ehrhart England Everson Fleming Floyd, J Fludd Forster Franklin Frazier Freeman Gardner Geisinger Glanton E Golick Gordon Graves Greene Hamilton Hanner Harbin Hatfield Heard, J Heard, K Hembree E Henson Hill, C Hill, C.A Holmes Holt Houston

Howard Hudson Hugley Jackson Jacobs James Jamieson Jenkins Jerguson Johnson, C Jones, J Jones, S Kaiser Keen Keown Knight Knox Lakly Lane, B Lane, R Levitas Lewis Lindsey Lord Loudermilk Lunsford Maddox Mangham Manning Martin Maxwell May

McCall McKillip Meadows Mills Mitchell Morgan Morris Mosby Mumford Murphy Neal Nix Oliver O'Neal Parham Parrish Parsons Peake Porter Powell Pruett Ralston Randall E Reece Reese Rice Roberts Rogers Royal Rynders Scott, A

Scott, M Sellier Setzler Shaw Sheldon Shipp Sims, B Sims, C Sims, F E Sinkfield Smith, B Smith, L Smith, R Smith, T Smith, V E Smyre Stanley-Turner Starr Stephens Stephenson Talton Teilhet Thomas, B Tumlin Willard Williams, A Williams, E Williams, M 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, Burns of the 157th, Butler of the 18th, Casas of the 103rd, Crawford of the 127th, Dukes of the 150th, Epps of the 128th, Floyd of the 99th, Horne of the 71st, Jordan of the 77th, Lucas of the 139th, Marin of the 96th, Millar of the 79th, Thomas of the 55th, Walker of the 107th, Watson of the 91st, Wilkinson of the 52nd, and Wix of the 33rd.

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441

They wish to be recorded as present.
Prayer was offered by Pastor Ed Rees, Frinklin Presbyterian Church, Evans, Georgia.
The members pledged allegiance to the flag.
Representative Lakly of the 72nd, 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 406. By Representative Floyd of the 147th:
A BILL to be entitled an Act to amend an Act providing for a merger of the independent school system of the City of Cordele and the school districts in the County of Crisp lying outside the corporate limits of said City, approved February 11, 1957 (Ga. L. 1957, p. 2066), as amended, so as to change the compensation of members of the Crisp County Board of Education; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 407. By Representatives McCall of the 30th, Channell of the 116th, England of the 108th, James of the 135th, Roberts of the 154th 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 for a limited period of time from state sales and use tax only regarding the sale or use of liquefied petroleum gas or other fuel used in dairy production by family owned qualified farm products producers; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 408. By Representative Knox of the 24th:
A BILL to be entitled an Act to amend Code Section 33-41-20 of the Official Code of Georgia Annotated, relating to exclusion from insolvency funds, so as to provide for an exception for companies that have reorganized under Chapter 13A of Title 33; to provide for certain contingency and effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 409. By Representative Lane of the 167th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Darien, approved May 5, 2006 (Ga. L. 2006, p. 4328), 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 Intragovernmental Coordination - Local.
HB 410. By Representatives Hanner of the 148th, Royal of the 171st and Greene of the 149th:
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 option sales and use tax; to provide for a short title; to provide for definitions; to provide for the rate and manner of imposition of such tax; to provide for applicability to certain sales; to provide for powers, duties, and authority of municipal governing authorities with respect to such tax; to provide for powers, duties, and authorities of the state revenue commissioner with respect to such tax; to

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provide for collection and administration of such tax; to provide for returns; to provide for distribution and expenditure of proceeds; to provide for a method for discontinuation of such tax; to change certain provisions regarding limitations on imposition of certain local taxes; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 411. 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 a specific Act; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 412. By Representative Ehrhart of the 36th:
A BILL to be entitled an Act to amend Chapter 1 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections, so as to provide for the composition and number of congressional districts; to provide for election of members of Congress; to provide when such members shall take office; to provide for continuation of present congressional districts until a certain time; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Legislative & Congressional Reapportionment.
HB 413. 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.
Referred to the Committee on Ways & Means.

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HB 414. By Representatives Floyd of the 147th, Rice of the 51st, Parrish of the 156th, Powell of the 29th and Bearden of the 68th:
A BILL to be entitled an Act to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, so as to direct an offender to complete the DUI Alcohol or Drug Use Risk Reduction Program within 120 days of conviction or release from incarceration; 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 415. By Representatives Floyd of the 147th, Rice of the 51st, Powell of the 29th and Bearden of the 68th:
A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, so as to provide for the expiration of temporary licenses or special identification cards; to provide that pleas of nolo contendere shall be treated as a conviction in certain instances; to provide for suspensions based on driving under the influence convictions; to provide for administrative license suspensions to count against the total suspension provided; to amend Code Section 40-16-4 of the Official Code of Georgia Annotated, relating to duties of the commissioner of driver services, so as to provide for powers and duties of investigators; to provide for related matters; to repeal conflicting laws; to provide an effective date; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 416. By Representatives Floyd of the 147th, Rice of the 51st, Parrish of the 156th, Powell of the 29th and Bearden of the 68th:
A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of licenses to persons completing defensive driving course or alcohol or drug program, so as to provide for approval of classroom and online driver improvement clinics curriculum; to increase the fee for DUI Alcohol or Drug Use Risk Reduction Programs; to provide for certificates of completion; to delete references to advanced defensive driving courses; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Judiciary Non-Civil.
HB 417. By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend Code Section 40-5-57 of the Official Code of Georgia Annotated, relating to suspension or revocation of license of habitually negligent or dangerous driver, so as to add a fine for each moving violation which shall be used to fund a trauma care system in Georgia; 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 418. By Representatives Maxwell of the 17th, Maddox of the 172nd, Benton of the 31st, England of the 108th and McCall of the 30th:
A BILL to be entitled an Act to amend Code Section 27-5-5 of the Official Code of Georgia Annotated, relating to wild animals for which licenses or permits are required, so as to add an exemption for water buffalo; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
HB 419. By Representatives Floyd of the 147th, Rice of the 51st, Powell of the 29th and Bearden of the 68th:
A BILL to be entitled an Act to amend Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to commercial drivers licenses, so as to provide for definitions of certain terms; to change provisions relating to issuance of commercial drivers licenses and permits; to provide for expiration of commercial drivers licenses; to provide for disqualifications, revocations, and suspensions of commercial drivers licenses; to provide penalties for violations; 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 420. By Representatives Ehrhart of the 36th, Tumlin of the 38th and Williams of the 165th:
A BILL to be entitled an Act to repeal and reenact Chapter 3 of Title 7 of the Official Code of Georgia Annotated, relating to industrial loans, so as to add protections for consumers who are customers for these loans; to provide for

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purposes and definitions; to provide for exemptions; to provide for powers and duties of the Industrial Loan Commissioner; to provide for licensure and fees; to provide for maintenance of books and records by licensees; to prohibit false advertising; to provide for maximum charges; to provide for penalties; to provide for suspension or revocation of license; 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 Banks & Banking.
HB 421. By Representatives Buckner of the 130th, Crawford of the 127th, Benfield of the 85th, Epps of the 128th and Jamieson of the 28th:
A BILL to be entitled an Act to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to ad valorem tax treatment of bona fide conservation use property, so as to change certain provisions relating to acreage limits; to change certain provisions relating to eligible property owners; to provide for certain conditions that shall not constitute a breach of covenant; to provide for a contingent effective date; to provide for contingent automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 422. By Representative Willard 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 a minimum amount for liens; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 423. By Representatives Gardner of the 57th, Buckner of the 130th, Oliver of the 83rd, Wilkinson of the 52nd, Lindsey of the 54th and others:
A BILL to be entitled an Act to amend Code Section 31-5A-4 of the Official Code of Georgia Annotated, relating to the powers, duties, functions, and responsibilities of the Department of Community Health, so as to require mental health care coverage in any health benefits for members, employees, and retirees of the Board of Regents through the Department of Community Health; to amend Code Section 45-18-2 of the Official Code of Georgia Annotated, relating to the authority of the Board of Community Health to establish a state employees health insurance plan, so as to require mental

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health care coverage; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 424. By Representatives Coan of the 101st, Reese of the 98th, Hamilton of the 23rd, Cox of the 102nd, Carter of the 159th 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, to provide for the dismissal of certain claims in which no hearing has been held after a certain time period; to increase the weekly wage amounts for compensation for total disability; to increase the maximum weekly benefit for compensation for temporary partial disability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 425. By Representatives Chambers of the 81st and Rice of the 51st:
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 enact the "Hospital Litigation Protection Act"; to provide certain cost information to an uninsured patient prior to receiving nonemergency elective medical treatment; to provide for the annual submission of certain information to the Department of Human Resources; to provide for immunity from certain legal actions under specified conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 426. By Representatives Jones of the 44th, Fludd of the 66th, Sims of the 151st, Rynders of the 152nd and Smith of the 129th:
A BILL to be entitled an Act to amend Code Section 32-6-200 of the Official Code of Georgia Annotated, relating to the installation of protective devices at railroad grade crossings, so as to provide for legislative findings; to define a certain term; to provide that local school districts shall provide the Department of Transportation with information regarding rail crossings without active warning devices that are used by school buses; to provide that local school districts shall use best efforts to reroute buses to minimize use of

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such crossings; 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 427. By Representatives Chambers of the 81st, Knox of the 24th, Jamieson of the 28th, Ehrhart of the 36th and Rice of the 51st:
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 that certain records of nonprofit hospitals shall be open to inspection; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 428. By Representatives Lewis of the 15th, Meadows of the 5th, Harbin of the 118th, Rogers of the 26th, Smith of the 131st and others:
A BILL to be entitled an Act to amend Code Section 36-34-2 of the Official Code of Georgia Annotated, relating to general powers regarding administration of municipal government, so as to provide for additional requirements with respect to certain franchise fees; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 429. By Representatives Cooper of the 41st, Hudson of the 124th, Smith of the 70th and Manning of the 32nd:
A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to require physicians and health care providers to test pregnant women for HIV unless she specifically declines; to provide a short title; to inform the pregnant woman of the test to be conducted; to provide for documentation; to provide for rules and regulations; to provide for an exemption from counseling requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 430. By Representatives Ralston of the 7th, Roberts of the 154th, Hatfield of the 177th and Crawford of the 127th:

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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 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 amend Code Section 46-8-100 of the O.C.G.A., relating to the general powers of railroad companies, so as to provide that issues arising as to the dimensions of property acquired by a railroad corporation or railroad company prior to 1913 shall be determined by reference to the official map filed with the Interstate Commerce Commission pursuant to the Railroad Valuation Act of March 1, 1913; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 431. By Representatives Morgan of the 39th, Ashe of the 56th, Sims of the 151st, Floyd of the 99th, Everson of the 106th 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 mandatory kindergarten for all children prior to entering into first grade; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 432. By Representatives Morgan of the 39th, Ashe of the 56th, Sims of the 151st and Floyd of the 99th:
A BILL to be entitled an Act to amend Code Section 20-2-281 of the Official Code of Georgia Annotated, relating to the assessment of effectiveness of educational programs under the "Quality Basic Education Act," so as to provide that required state-wide assessments are offered in languages other than English; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 433. By Representatives Sellier of the 136th, McCall of the 30th, England of the 108th, Maddox of the 172nd and Roberts of the 154th:

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A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to meat, poultry, and dairy processing plants, so as to change certain provisions relating to licenses for meat and dairy processing plants, fees, term of validity, revocation or suspension, and notice and hearing; to change certain provisions relating to licenses for poultry processing plants, fees, display at place of business, transferability, suspension or revocation, notice and hearing, and registration; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 434. By Representatives Martin of the 47th, Royal of the 171st, Burns of the 157th, Benfield of the 85th, Fludd of the 66th 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 a regional sales and use tax for transportation; to provide for definitions; to provide for the levy and collection of such tax; to provide for procedures, conditions, and limitations; to provide for expenditure of proceeds; to provide for collection and administration; to provide for powers, duties, and authority of the state revenue commissioner; to amend Part 1 of Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the Georgia State Road and Tollway Authority, so as to provide for a Georgia Regional Transportation Fund to finance transportation projects; 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 435. By Representative Martin of the 47th:
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 legislative findings and intent; to provide for an income tax credit for certain qualified business investments; to provide for definitions; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.

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HB 436. By Representatives Royal of the 171st, Martin of the 47th, Lewis of the 15th, Stephens of the 164th, Graves of the 12th 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 for a limited period of time regarding the sale or use of tangible personal property or services to certain nonprofit organizations or health clinics; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 437. By Representatives Martin of the 47th, Fludd of the 66th and Royal of the 171st:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition and computation of income taxes, so as to provide for state income and financial institutions tax credits with respect to certain qualified low-income community investments and long-term debt securities; to define terms; to provide for allocation of credits by the Department of Economic Development; to provide for recapture; to provide for rules and regulations; 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 241. By Representative Geisinger of the 48th:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly may provide by law authorization for municipalities to exercise the power of zoning and the regulation of land use and development for a distance of three miles outside the boundaries of such municipalities over unincorporated areas; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Judiciary.
HR 242. By Representative Bridges of the 10th:
A RESOLUTION dedicating the Edgar Stamey Memorial Interchange; and for other purposes.

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Referred to the Committee on Transportation.
HR 244. By Representatives Buckner of the 130th, Crawford of the 127th, Benfield of the 85th, Epps of the 128th and Jamieson of the 28th:
A RESOLUTION proposing an amendment to the Constitution so as to remove an acreage restriction on bona fide conservation use property for purposes of current use taxation; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Ways & Means.
HR 245. By Representatives Manning of the 32nd, Gardner of the 57th, Burkhalter of the 50th and Drenner of the 86th:
A RESOLUTION commending Georgia's recycling and composting services and encouraging the Georgia Department of Transportation to use recycled products in highway construction; and for other purposes.
Referred to the Committee on Transportation.
HR 246. By Representatives Mills of the 25th, Hembree of the 67th, Rogers of the 26th, Smith of the 113th, Collins of the 27th and others:
A RESOLUTION urging the Board of Regents of the University System of Georgia and its member institutions to establish programs for intercollegiate wrestling; and for other purposes.
Referred to the Committee on Higher Education.
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 438. By Representatives Thomas of the 100th, Drenner of the 86th, Buckner of the 130th, Benfield of the 85th, 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 imposition and computation of income taxes, so as to provide certain income tax credits for business property and renewable energy property; to define terms; to provide for qualifying property and conditions under which the credits shall be

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allowed; 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 439. By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend Code Section 48-7-40.26 of the Official Code of Georgia Annotated, relating to tax credits for film, video, or digital productions in this state, so as to increase the amounts of certain tax credits; to eliminate certain additional tax credits; to eliminate a defined term; 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 440. By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxation, so as to revise certain provisions relating to certain business income tax credits; to provide for definitions; to provide for administration; 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 441. By Representatives Floyd of the 147th, Mills of the 25th, Parrish of the 156th, Royal of the 171st and Knight of the 126th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition and computation of income taxes, so as to revise provisions relative to adjustment of taxable income with respect to income from federal obligations and certain other obligations; 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 442. By Representatives Smith of the 129th and Floyd of the 147th:
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 taxation, so as to

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provide for a state-wide 1 percent sales tax for transportation purposes; to provide that the implementation of the tax shall be contingent upon referendum approval by the voters of the state; to provide for submission to the voters of the projects to be funded by the tax; to provide for imposition and administration of the tax if approved by the voters; to provide for all related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 443. By Representatives Coan of the 101st, Pruett of the 144th, Scott of the 2nd, Teilhet of the 40th, England of the 108th 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 changes to what shall be deemed "employment"; to extend suspension of adjustments based upon the State-wide Reserve Ratio; to provide for a reduced adjustment in contribution rates through a certain time period; to provide for a change in the weekly benefit amount over a certain period; to provide a supplemental appropriation for the Department of Labor of additional funds which are otherwise available to the department; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 444. By Representatives Smith of the 113th, Rogers of the 26th, Stephens of the 164th and Lewis of the 15th:
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 insurance companies which invest in venture capital schemes; 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 445. By Representative Royal of the 171st:

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A BILL to be entitled an Act to amend Code Section 48-5-7.4 of the O.C.G.A., 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 a contingent effective date; to provide for applicability; to provide for contingent repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 446. By Representatives Royal of the 171st and Floyd of the 147th:
A BILL to be entitled an Act to amend Code Section 48-8-45 of the Official Code of Georgia Annotated, relating to sales and use tax reporting of sales and deductibility of bad debts, so as to change provisions relating to deductions of bad debts by persons reporting on an accrual basis; to authorize refunds as well as deductions; to provide for claims to be filed by certain affiliated groups; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 447. By Representative O`Neal of the 146th:
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 clarify state conformity with the federal treatment of dividends received from real estate investment trusts and regulated investment companies; to provide for an addition to federal taxable income for any amount deducted to the extent it is attributable to a dividend received directly or indirectly from a real estate investment trust or a regulated investment company; 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 448. By Representatives Bridges of the 10th and Maxwell of the 17th:

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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 establish two funds for the provision of term life insurance to certain eligible persons; to provide for a retired and vested inactive members fund and an active members fund; to provide for fund assets; to provide for contributions to the fund; to provide for the management and investing of fund assets; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 449. By Representatives Bridges of the 10th and Maxwell of the 17th:
A BILL to be entitled an Act to amend Code Section 47-1-30 of the Official Code of Georgia Annotated, relating to the authority to increase retirement benefits, so as to provide that such authority shall terminate on July 1, 2007; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 450. By Representatives Pruett of the 144th, May of the 111th, Coan of the 101st, Roberts of the 154th, Royal of the 171st and others:
A BILL to be entitled an Act to amend Code Section 48-8-63 of the Official Code of Georgia Annotated, relating to sales and use taxation of contractors, so as to provide for the sales and use tax treatment of tangible personal property sold to certain persons engaged in the maintenance, repair, or improvement of real property and improvements thereon; to define a terms; to provide for the taxable situs of sales; to provide that subsequent use, consumption, or installation of the property already taxed shall not constitute a further taxable transaction; 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 451. By Representatives Lewis of the 15th, Stephens of the 164th and Parrish of the 156th:
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 taxation, so as to provide for a program of tax refunds for companies creating certain tourism attractions; to provide for a short title; to define terms; to state legislative findings; to provide for conditions of eligibility and approval by the

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Department of Economic Development and a local government; to provide for agreements between that department and companies; to provide for 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 Ways & Means.
HB 452. By Representatives Buckner of the 130th, Jamieson of the 28th, Porter of the 143rd and Greene of the 149th:
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 increase the retirement allowance multiplier; to provide for a postretirement benefit increase; to provide for a postretirement benefit; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 453. By Representatives Hill of the 21st, England of the 108th, Roberts of the 154th, McCall of the 30th and Royal of the 171st:
A BILL to be entitled an Act to amend Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to sale of agricultural and forest products, so as to provide limited liability for owners and operators of farms offering agritourism activities under certain circumstances; to provide for legislative findings; to provide for definitions; to provide for warnings and notices; 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 acts relating to agritourism which shall not constitute a breach of a conservation use covenant; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 454. By Representatives Gardner of the 57th, Teilhet of the 40th, Jackson of the 161st, Drenner of the 86th, Ashe of the 56th 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 provide for legislative intent; to provide for a definition; to provide that every retail pharmacist shall include the approximate retail price of an

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outpatient prescription drug on the receipt for that prescription drug; 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 3 HB 14 HB 381 HB 382 HB 383 HB 384 HB 385 HB 386 HB 387 HB 388 HB 389 HB 390 HB 391 HB 392 HB 393 HB 394 HB 395 HB 396

HB 397 HB 398 HB 399 HB 400 HB 401 HB 402 HB 403 HB 404 HB 405 HR 1 HR 228 SB 1 SB 32 SB 70 SB 82 SB 83 SB 87

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 16 Do Pass, by Substitute HB 153 Do Pass, by Substitute

Respectfully submitted, /s/ Willard of the 49th
Chairman

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

HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 14, 2007

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 20th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

HB 24

Georgia Advance Directive for Health Care Act; enact (Substitute)(Judy38th)

HB 151

Hospital authorities; vacancies; General Assembly; change by local act (H&HS-110th)

Modified Open Rule

HB 231

Public roads; lack of removal of vehicles; liable for gross negligence (Substitute)(Trans-129th)

Modified Structured Rule

None

Structured Rule

None

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

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

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

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Mr. Speaker:

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

SB 9.

By Senators Rogers of the 21st, Williams of the 19th, Weber of the 40th, Moody of the 56th, Cowsert of the 46th and others:

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 2007"; 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 statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes.

SB 38. By Senators Rogers of the 21st, Whitehead, Sr. of the 24th, Carter of the 13th, Mullis of the 53rd, Chapman of the 3rd and others:

A BILL to be entitled an Act to amend Code Section 40-3-20 of the Official Code of Georgia Annotated, relating to when a certificate of title is required for a motor vehicle, so as to require an owner of a vehicle, unless otherwise exempt, to present a valid Georgia driver's license or identification card when registering or renewing the registration of a vehicle; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

SB 49. By Senators Thomas of the 2nd, Harp of the 29th, Johnson of the 1st and Hudgens of the 47th:

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.

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SB 58. By Senators Smith of the 52nd, Wiles of the 37th and Bulloch of the 11th:

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.

SB 90. By Senator Douglas of the 17th:

A BILL to be entitled an Act to repeal an Act creating the City of Hampton Public Facilities Authority, approved May 30, 2003 (Ga. L. 2003, p. 3848); to provide that any outstanding debt, contracts, or assets held by the City of Hampton Public Facilities Authority shall be assumed by the local governing authority of Henry County; to repeal conflicting laws; and for other purposes.

SB 94. By Senators Wiles of the 37th, Hamrick of the 30th, Heath of the 31st, Mullis of the 53rd and Seabaugh of the 28th:

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 dispossessory proceedings, so as to define a term; to clarify the process for judgments by default; 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 206. By Representative Shaw of the 176th:

A BILL to be entitled an Act to provide that the judge of the Probate Court of Clinch County shall also serve as the chief magistrate of the Magistrate Court of Clinch County on and after January 1, 2009; to provide for the compensation of such judge for service as chief magistrate; to provide for the continuation in office and expiration of term of the current chief magistrate; 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 9.

By Senators Rogers of the 21st, Williams of the 19th, Weber of the 40th, Moody of the 56th, Cowsert of the 46th and others:

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

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personnel, so as to enact the "Grade Integrity Act of 2007"; 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 statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Education.

SB 38.

By Senators Rogers of the 21st, Whitehead, Sr. of the 24th, Carter of the 13th, Mullis of the 53rd, Chapman of the 3rd and others:

A BILL to be entitled an Act to amend Code Section 40-3-20 of the Official Code of Georgia Annotated, relating to when a certificate of title is required for a motor vehicle, so as to require an owner of a vehicle, unless otherwise exempt, to present a valid Georgia driver's license or identification card when registering or renewing the registration of a vehicle; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Motor Vehicles.

SB 49.

By Senators Thomas of the 2nd, Harp of the 29th, Johnson of the 1st and Hudgens of the 47th:

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 Industrial Relations.

SB 58. By Senators Smith of the 52nd, Wiles of the 37th and Bulloch of the 11th:

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

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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.

SB 90. By Senator Douglas of the 17th:

A BILL to be entitled an Act to repeal an Act creating the City of Hampton Public Facilities Authority, approved May 30, 2003 (Ga. L. 2003, p. 3848); to provide that any outstanding debt, contracts, or assets held by the City of Hampton Public Facilities Authority shall be assumed by the local governing authority of Henry County; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Intragovernmental Coordination - Local.

SB 94.

By Senators Wiles of the 37th, Hamrick of the 30th, Heath of the 31st, Mullis of the 53rd and Seabaugh of the 28th:

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 dispossessory proceedings, so as to define a term; to clarify the process for judgments by default; 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:

Davis of the 109th, Shipp of the 58th, Williams of the 165th, Cox of the 102nd, and Neal of the 1st.

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

HR 258. By Representatives Willard of the 49th, Byrd of the 20th, Heard of the 104th, Chambers of the 81st, Coan of the 101st and others:

A RESOLUTION commending the Vietnamese community in Georgia and recognizing the community's pride in their "Vietnamese Heritage and Freedom Flag"; and for other purposes.

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HR 259. By Representatives Benfield of the 85th, Watson of the 91st, Stephenson of the 92nd, Mosby of the 90th, Mitchell of the 88th and others:
A RESOLUTION Commending Mr. James "Red" Moore 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 231. By Representatives Smith of the 129th, Ralston of the 7th, Rogers of the 26th, Graves of the 12th and Floyd of the 147th:
A BILL to be entitled an Act 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 provide that, in the removal of vehicles or obstructions from roadways where there is determined to be a threat to public health or safety or to mitigate traffic congestion, where towing services are so ordered to remove such obstructions such companies shall be guilty for instances of gross negligence only; 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 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 provide that, in the removal of vehicles or obstructions from roadways where there is determined to be a threat to public health or safety or to mitigate traffic congestion, where towing services are so ordered to remove such obstructions such companies shall be guilty for instances of gross negligence only; 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 6 of Title 32 of the Official Code of Georgia Annotated, relating to regulation of maintenance and use of public roads generally, is amended in Code Section 32-6-2, relating to the authority of the department, counties, and municipalities to regulate parking and parking vehicles or leaving vehicles unattended on the right of way of a public road of the state highway system, by revising paragraph (1) as follows:
"(1) The department may regulate and prohibit the parking of any type of vehicle on any public road on the state highway system, including extensions thereof into or

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through municipalities. Whenever any state or local law enforcement officer finds a vehicle parked in violation of law or the department's regulations, such officer or employee is authorized to move such vehicle or require the driver or other person in charge of the vehicle to move the same. If the vehicle is unattended, such officer is authorized to remove or provide for the removal of such vehicle to the nearest garage or other place of safety at the owner's expense. State or local law enforcement officers and the department are further authorized, with or without the consent of the owner, to remove or have removed any obstruction, cargo, or personal property which is abandoned, unattended, or damaged as a result of a vehicle accident which the department determines to be a threat to public health or safety or to mitigate traffic congestion, and any person or towing service that is removing an obstruction, cargo, or personal property at the location of such obstruction, cargo, or personal property upon instruction by a law enforcement officer, an official of a fire department acting under the authority of paragraph (1) of Code Section 25-3-1 or paragraph (3) of Code Section 25-3-2, or an official of the department shall be liable only for gross negligence;"

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 N Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns

Y Dempsey Y Dickson
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 Frazier Y Freeman

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C
Johnson, T Y Jones, J
Jones, S Jordan

Y Martin Y Maxwell Y May Y McCall
McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix N Oliver

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B
Sims, C Y Sims, F E Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stanley-Turner

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Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole E Coleman Y Collins Y Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall E Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet
Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R
Wix 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.

Representative Thomas of the 55th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon.

HB 151. By Representative Lunsford of the 110th:

A BILL to be entitled an Act to amend Code Section 31-7-72 of the Official Code of Georgia Annotated, relating to the creation of hospital authority in each county and municipality, so as to provide that the General Assembly by local Act may change the manner of filling vacancies on certain hospital authorities; 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 Abrams Y Amerson Y Ashe Y Barnard

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes

Y Holt Y Horne Y Houston Y Howard Y Hudson

Y Martin Y Maxwell Y May Y McCall Y McKillip

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon

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Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole E Coleman Y Collins Y Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C
Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord
Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall E Reece Y Reese
Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

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

On the passage of the Bill, the ayes were 167, nays 0.

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

Representatives Loudermilk of the 14th 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 24. By Representatives Tumlin of the 38th, Keown of the 173rd, Freeman of the 140th, Oliver of the 83rd and Dempsey of the 13th:

A BILL to be entitled an Act to amend Title 31 of the O.C.G.A., relating to health, so as to provide for an advance directive for health care which combines provisions of a living will and a durable power of attorney for health care; to provide for revocation, the effect of marriage, and guardianship; to provide for duties and responsibilities of health care agents and health care providers; to provide for conditions precedent to carrying out

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health care treatment preferences and a physician's responsibilities; to provide for the effect of an advance directive for health care on criminal and insurance laws; to provide for penalties; to provide for the effect of Chapter 32 of Title 31 on other legal rights and duties; to repeal and reserve Chapter 36 of Title 31, relating to a durable power of attorney for health care; 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 and adopted:
A BILL
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for an advance directive for health care which combines provisions of a living will and a durable power of attorney for health care; to provide for legislative findings; to provide for a short title; to provide for definitions; to provide for a savings clause for a living will and a durable power of attorney for health care; to provide for a form; to provide for execution, use of a form or other forms, amendment, and witness requirements; to provide for revocation, the effect of marriage, and guardianship; to provide for duties and responsibilities of health care agents and health care providers; to provide for conditions precedent to carrying out health care treatment preferences and a physician's responsibilities; to provide for immunity; to provide for the effect of an advance directive for health care on criminal and insurance laws; to provide for penalties; to provide for the effect of Chapter 32 of Title 31 on other legal rights and duties; to repeal and reserve Chapter 36 of Title 31, relating to a durable power of attorney for health care; 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. (a) The General Assembly has long recognized the right of the individual to control all aspects of his or her personal care and medical treatment, including the right to insist upon medical treatment, decline medical treatment, or direct that medical treatment be withdrawn. In order to secure these rights, the General Assembly has adopted and amended statutes recognizing the living will and health care agency and provided statutory forms for both documents. (b) The General Assembly has determined that the statutory forms for the living will and durable power of attorney for health care are confusing and inconsistent and that the statutes providing for the living will and health care agency contain conflicting concepts, inconsistent and out-of-date terminology, and confusing and inconsistent requirements for execution. In addition, there is a commendable trend among the states to combine the concepts of the living will and health care agency into a single legal document.

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(c) The General Assembly recognizes that a significant number of individuals representing the academic, medical, legislative, and legal communities, state officials, ethics scholars, and advocacy groups worked together to develop the advance directive for health care contained in this Act, and the collective intent was to create a form that uses understandable and everyday language in order to encourage more citizens of this state to execute advance directives for health care. (d) The General Assembly finds that the clear expression of an individual's decisions regarding health care, whether made by the individual or an agent appointed by the individual, is of critical importance not only to citizens but also to the health care and legal communities, third parties, and families. In furtherance of these purposes, the General Assembly enacts a new Chapter 32 of Title 31, setting forth general principles governing the expression of decisions regarding health care and the appointment of a health care agent, as well as a form of advance directive for health care.
SECTION 2. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising Chapter 32, relating to living wills, in its entirety as follows:
"CHAPTER 32
31-32-1. This chapter shall be known and may be cited as the 'Georgia Advance Directive for Health Care Act.'
31-32-2. As used in this chapter, the term:
(1) 'Advance directive for health care' means a written document voluntarily executed by a declarant in accordance with the requirements of Code Section 31-32-5. (2) 'Attending physician' means the physician who has primary responsibility at the time of reference for the treatment and care of the declarant. (3) 'Declarant' means a person who has executed an advance directive for health care authorized by this chapter. (4) 'Durable power of attorney for health care' means a written document voluntarily executed by an individual creating a health care agency in accordance with Chapter 36 of this title, as such chapter existed on and before June 30, 2007. (5) 'Health care' means any care, treatment, service, or procedure to maintain, diagnose, treat, or provide for a declarant's physical or mental health or personal care. (6) 'Health care agent' means a person appointed by a declarant to act for and on behalf of the declarant to make decisions related to consent, refusal, or withdrawal of any type of health care and decisions related to autopsy, anatomical gifts, and final disposition of a declarant's body when a declarant is unable or chooses not to make health care decisions for himself or herself. The term 'health care agent' shall include any back-up or successor agent appointed by the declarant.

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(7) 'Health care facility' means a hospital, skilled nursing facility, hospice, institution, home, residential or nursing facility, treatment facility, and any other facility or service which has a valid permit or provisional permit issued under Chapter 7 of this title or which is licensed, accredited, or approved under the laws of any state, and includes hospitals operated by the United States government or by any state or subdivision thereof. (8) 'Health care provider' means the attending physician and any other person administering health care to the declarant at the time of reference who is licensed, certified, or otherwise authorized or permitted by law to administer health care in the ordinary course of business or the practice of a profession, including any person employed by or acting for any such authorized person. (9) 'Life-sustaining procedures' means medications, machines, or other medical procedures or interventions which, when applied to a declarant in a terminal condition or in a state of permanent unconsciousness, could in reasonable medical judgment keep the declarant alive but cannot cure the declarant and where, in the judgment of the attending physician and a second physician, death will occur without such procedures or interventions. The term 'life-sustaining procedures' shall not include the provision of nourishment or hydration but a declarant may direct the withholding or withdrawal of the provision of nourishment or hydration in an advance directive for health care. The term 'life-sustaining procedures' shall not include the administration of medication to alleviate pain or the performance of any medical procedure deemed necessary to alleviate pain. (10) 'Living will' means a written document voluntarily executed by an individual directing the withholding or withdrawal of life-sustaining procedures when an individual is in a terminal condition, coma, or persistent vegetative state in accordance with this chapter, as such chapter existed on and before June 30, 2007. (11) 'Physician' means a person lawfully licensed in this state to practice medicine and surgery pursuant to Article 2 of Chapter 34 of Title 43; and if the declarant is receiving health care in another state, a person lawfully licensed in such state. (12) 'Provision of nourishment or hydration' means the provision of nutrition or fluids by tube or other medical means. (13) 'State of permanent unconsciousness' means an incurable or irreversible condition in which the declarant is not aware of himself or herself or his or her environment and in which the declarant is showing no behavioral response to his or her environment. (14) 'Terminal condition' means an incurable or irreversible condition which would result in the declarant's death in a relatively short period of time.
31-32-3. The provisions of this chapter shall not apply to, affect, or invalidate a living will or durable power of attorney for health care executed prior to July 1, 2007, to which the provisions of former Chapter 32 or Chapter 36 of this title shall continue to apply, nor shall it affect any claim, right, or remedy that accrued prior to July 1, 2007.

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31-32-4. 'GEORGIA ADVANCE DIRECTIVE FOR HEALTH CARE

By:______________________________________ Date of Birth:________________

(Print Name)

(Month/Day/Year)

This advance directive for health care has four parts:

PART ONE

HEALTH CARE AGENT. This part allows you to choose someone to make health care decisions for you when you cannot (or do not want to) make health care decisions for yourself. The person you choose is called a health care agent. You may also have your health care agent make decisions for you after your death with respect to an autopsy, organ donation, body donation, and final disposition of your body. You should talk to your health care agent about this important role.

PART TWO

TREATMENT PREFERENCES. This part allows you to state your treatment preferences if you have a terminal condition or if you are in a state of permanent unconsciousness. PART TWO will become effective only if you are unable to communicate your treatment preferences. Reasonable and appropriate efforts will be made to communicate with you about your treatment preferences before PART TWO becomes effective. You should talk to your family and others close to you about your treatment preferences.

PART THREE GUARDIANSHIP. This part allows you to nominate a person to be your guardian should one ever be needed.

PART FOUR

EFFECTIVENESS AND SIGNATURES. This part requires your signature and the signatures of two witnesses. You must complete PART FOUR if you have filled out any other part of this form.

You may fill out any or all of the first three parts listed above. You must fill out PART FOUR of this form in order for this form to be effective.

You should give a copy of this completed form to people who might need it, such as your health care agent, your family, and your physician. Keep a copy of this completed form at home in a place where it can easily be found if it is needed. Review this completed form periodically to make sure it still reflects your preferences. If your preferences change, complete a new advance directive for health care.

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Using this form of advance directive for health care is completely optional. Other forms of advance directives for health care or health care proxies may be used in Georgia.
You may revoke this completed form at any time. This completed form will replace any advance directive for health care, durable power of attorney for health care, health care proxy, or living will that you have completed before completing this form.
PART ONE: HEALTH CARE AGENT
[PART ONE will be effective even if PART TWO is not completed. A physician or health care provider who is directly involved in your health care may not serve as your health care agent. If you are married, a future divorce or annulment of your marriage will revoke the selection of your current spouse as your health care agent. If you are not married, a future marriage will revoke the selection of your health care agent unless the person you selected as your health care agent is your new spouse.]
(1) Health Care Agent I select the following person as my health care agent to make health care decisions for me: Name: ________________________________________________________________ Address:_______________________________________________________________ Telephone Numbers:_____________________________________________________ (Home, Work, and Mobile)
(2) Back-up Health Care Agent [This section is optional. PART ONE will be effective even if this section is left blank.]
If my health care agent cannot be contacted in a reasonable time period and cannot be located with reasonable efforts or for any reason my health care agent is unavailable or unable or unwilling to act as my health care agent, then I select the following, each to act successively in the order named, as my back-up health care agent(s):
Name: _______________________________________________________________ Address:______________________________________________________________ Telephone Numbers:____________________________________________________
(Home, Work, and Mobile)
Name: _______________________________________________________________ Address:______________________________________________________________ Telephone Numbers: ___________________________________________________
(Home, Work, and Mobile)

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(3) General Powers of Health Care Agent My health care agent will make health care decisions for me when I am unable to communicate my health care decisions or I choose to have my health care agent communicate my health care decisions.
My health care agent will have the same authority to make any health care decision that I could make. My health care agent's authority includes, for example, the power to:
Admit me to or discharge me from any hospital, skilled nursing facility, hospice, or other health care facility or service;
Request, consent to, withhold, or withdraw any type of health care; and
Contract for any health care facility or service for me, and to obligate me to pay for these services (and my health care agent will not be financially liable for any services or care contracted for me or on my behalf).
My health care agent will be my personal representative for all purposes of federal or state law related to privacy of medical records and will have the same access to my medical records that I have and can disclose the contents of my medical records to others for my ongoing health care.
My health care agent may accompany me in an ambulance or air ambulance if in the opinion of the ambulance personnel protocol permits a passenger and my health care agent may visit or consult with me in person while I am in a hospital, skilled nursing facility, hospice, or other health care facility or service if its protocol permits visitation.
My health care agent may present a copy of this advance directive for health care in lieu of the original and the copy will have the same meaning and effect as the original.
I understand that under Georgia law:
My health care agent may refuse to act as my health care agent;
A court can take away the powers of my health care agent if it finds that my health care agent is not acting properly; and
My health care agent does not have the power to make health care decisions for me regarding psychosurgery, sterilization, or treatment or involuntary hospitalization for mental or emotional illness, mental retardation, or addictive disease.

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(4) Guidance for Health Care Agent When making health care decisions for me, my health care agent should think about what action would be consistent with past conversations we have had, my treatment preferences as expressed in PART TWO (if I have filled out PART TWO), my religious and other beliefs and values, and how I have handled medical and other important issues in the past. If what I would decide is still unclear, then my health care agent should make decisions for me that my health care agent believes are in my best interest, considering the benefits, burdens, and risks of my current circumstances and treatment options.
(5) Powers of Health Care Agent After Death (A) Autopsy My health care agent will have the power to authorize an autopsy of my body unless I have limited my health care agent's power by initialing below.
__________ (Initials) My health care agent will not have the power to authorize an autopsy of my body (unless an autopsy is required by law). (B) Organ Donation and Donation of Body My health care agent will have the power to make a disposition of any part or all of my body for medical purposes pursuant to the Georgia Anatomical Gift Act, unless I have limited my health care agent's power by initialing below.
[Initial each statement that you want to apply.]
__________ (Initials) My health care agent will not have the power to make a disposition of my body for use in a medical study program. __________ (Initials) My health care agent will not have the power to donate any of my organs.
(C) Final Disposition of Body My health care agent will have the power to make decisions about the final disposition of my body unless I have initialed below.
__________ (Initials) I want the following person to make decisions about the final disposition of my body:
Name: _______________________________________________________________ Address: _____________________________________________________________ Telephone Numbers: ___________________________________________________
(Home, Work, and Mobile)
I wish for my body to be:

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__________ (Initials) Buried OR
__________ (Initials) Cremated
PART TWO: TREATMENT PREFERENCES
[PART TWO will be effective only if you are unable to communicate your treatment preferences after reasonable and appropriate efforts have been made to communicate with you about your treatment preferences. PART TWO will be effective even if PART ONE is not completed. If you have not selected a health care agent in PART ONE, or if your health care agent is not available, then PART TWO will provide your physician and other health care providers with your treatment preferences. If you have selected a health care agent in PART ONE, then your health care agent will have the authority to make all health care decisions for you regarding matters covered by PART TWO. Your health care agent will be guided by your treatment preferences and other factors described in Section (4) of PART ONE.]
(6) Conditions PART TWO will be effective if I am in any of the following conditions:
[Initial each condition in which you want PART TWO to be effective.]
_________ (Initials) A terminal condition, which means I have an incurable or irreversible condition that will result in my death in a relatively short period of time.
_________ (Initials) A state of permanent unconsciousness, which means I am in an incurable or irreversible condition in which I am not aware of myself or my environment and I show no response to my environment.
My condition will be determined in writing after personal examination by my attending physician and a second physician in accordance with currently accepted medical standards.
(7) Treatment Preferences [State your treatment preference by initialing (A), (B), or (C). If you choose (C), state your additional treatment preferences by initialing one or more of the statements following (C). You may provide additional instructions about your treatment preferences in the next section. You will be provided with comfort care, including pain relief, but you may also want to state your specific preferences regarding pain relief in the next section.]

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If I am in any condition that I initialed in Section (6) above and I can no longer communicate my treatment preferences after reasonable and appropriate efforts have been made to communicate with me about my treatment preferences, then:
(A) _________ (Initials) Try to extend my life for as long as possible, using all medications, machines, or other medical procedures that in reasonable medical judgment could keep me alive. If I am unable to take nutrition or fluids by mouth, then I want to receive nutrition or fluids by tube or other medical means. OR (B) _________ (Initials) Allow my natural death to occur. I do not want any medications, machines, or other medical procedures that in reasonable medical judgment could keep me alive but cannot cure me. I do not want to receive nutrition or fluids by tube or other medical means except as needed to provide pain medication. OR (C) _________ (Initials) I do not want any medications, machines, or other medical procedures that in reasonable medical judgment could keep me alive but cannot cure me, except as follows:
[Initial each statement that you want to apply to option (C).]
_________ (Initials) If I am unable to take nutrition by mouth, I want to receive nutrition by tube or other medical means. _________ (Initials) If I am unable to take fluids by mouth, I want to receive fluids by tube or other medical means. _________ (Initials) If I need assistance to breathe, I want to have a ventilator used. _________ (Initials) If my heart or pulse has stopped, I want to have cardiopulmonary resuscitation (CPR) used.
(8) Additional Statements [This section is optional. PART TWO will be effective even if this section is left blank. This section allows you to state additional treatment preferences, to provide additional guidance to your health care agent (if you have selected a health care agent in PART ONE), or to provide information about your personal and religious values about your medical treatment. For example, you may want to state your treatment preferences regarding medications to fight infection, surgery, amputation, blood transfusion, or kidney dialysis. Understanding that you cannot foresee everything that could happen to you after you can no longer communicate your treatment preferences, you may want to provide guidance to your health care agent (if you have selected a health care agent in PART ONE) about following your treatment preferences. You may want to state your specific preferences regarding pain relief.]
___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________

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(9) In Case of Pregnancy [PART TWO will be effective even if this section is left blank.]
I understand that under Georgia law, PART TWO generally will have no force and effect if I am pregnant unless the fetus is not viable and I indicate by initialing below that I want PART TWO to be carried out.
_________ (Initials) I want PART TWO to be carried out if my fetus is not viable.
PART THREE: GUARDIANSHIP
(10) Guardianship [PART THREE is optional. This advance directive for health care will be effective even if PART THREE is left blank. If you wish to nominate a person to be your guardian in the event a court decides that a guardian should be appointed, complete PART THREE. A court will appoint the person nominated by you if the court finds that you are not able to make significant responsible decisions for yourself regarding your personal support, safety, or welfare. A court will appoint the person nominated by you if the court finds that the appointment will serve your best interest and welfare. If you have selected a health care agent in PART ONE, you may (but are not required to) nominate the same person to be your guardian. If your health care agent and guardian are not the same person, your health care agent will have priority over your guardian in making your health care decisions, unless a court determines otherwise.]
[State your preference by initialing (A) or (B). Choose (A) only if you have also completed PART ONE.]
(A) __________ (Initials) I nominate the person serving as my health care agent under PART ONE to serve as my guardian. OR (B) __________ (Initials) I nominate the following person to serve as my guardian:
Name: _____________________________________________________________ Address: ___________________________________________________________ Telephone Numbers: _________________________________________________
(Home, Work, and Mobile)
PART FOUR: EFFECTIVENESS AND SIGNATURES
This advance directive for health care will become effective only if I am unable or choose not to make or communicate my own health care decisions.

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This form revokes any advance directive for health care, durable power of attorney for health care, health care proxy, or living will that I have completed before this date.

Unless I have initialed below and have provided alternative future dates or events, this advance directive for health care will become effective at the time I sign it and will remain effective until my death (and after my death to the extent authorized in Section (5) of PART ONE).

__________ (Initials) This advance directive for health care will become effective on or upon ________________ and will terminate on or upon ________________.

[You must sign and date or acknowledge signing and dating this form in the presence of two witnesses. Both witnesses must be of sound mind and must be at least 18 years of age, but the witnesses do not have to be together or present with you when you sign this form. A witness:
Cannot be a person who was selected to be your health care agent or back-up health care agent in PART ONE; Cannot be a person who will knowingly inherit anything from you or otherwise knowingly gain a financial benefit from your death; or Cannot be a person who is directly involved in your health care. Only one of the witnesses may be an employee, agent, or medical staff member of the hospital, skilled nursing facility, hospice, or other health care facility in which you are receiving health care (but this witness cannot be directly involved in your health care).]

By signing below, I state that I am emotionally and mentally capable of making this advance directive for health care and that I understand its purpose and effect.

_________________________________________ (Signature of Declarant)

________________ (Date)

The declarant signed this form in my presence or acknowledged signing this form to me. Based upon my personal observation, the declarant appeared to be emotionally and mentally capable of making this advance directive for health care and signed this form willingly and voluntarily.

______________________________________________

_______________

(Signature of First Witness)

(Date)

Print Name:____________________________________________________________

Address: ______________________________________________________________

______________________________________________ (Signature of Second Witness)

________________ (Date)

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Print Name:____________________________________________________________ Address:_______________________________________________________________
[This form does not need to be notarized.]'
31-32-5. (a) Any person of sound mind who is emancipated or 18 years of age or older may execute a document which:
(1) Directs the withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration when the declarant is in a terminal condition or state of permanent unconsciousness; (2) Appoints a health care agent; or (3) Covers matters contained in both paragraphs (1) and (2) of this subsection. Such document shall be in writing, signed by the declarant or by some other person in the declarant's presence and at the declarant's express direction, and witnessed in accordance with the provisions of subsection (c) of this Code section. (b) When a document substantially complying with Code Section 31-32-4 is executed in accordance with this Code section, it shall be treated as an advance directive for health care which complies with this Code section. No provision of this chapter shall be construed to bar a declarant from using any other form of advance directive for health care which complies with this Code section. A document covering any matter contained in paragraph (1), (2), or (3) of subsection (a) of this Code section which was executed in another state and is valid under the laws of the state where executed shall be treated as an advance directive for health care which complies with this Code section. (c)(1) An advance directive for health care shall be attested and subscribed in the presence of the declarant by two witnesses who are of sound mind and at least 18 years of age, but such witnesses do not have to be together or present when the declarant signs the advance directive for health care. (2) Neither witness can be a person who:
(A) Was selected to serve as the declarant's health care agent; (B) Will knowingly inherit anything from the declarant or otherwise knowingly gain a financial benefit from the declarant's death; or (C) Is directly involved in the declarant's health care. (3) Not more than one of the witnesses may be an employee, agent, or medical staff member of the health care facility in which the declarant is receiving health care. (d) A physician or health care provider who is directly involved in the declarant's health care may not serve as the declarant's health care agent. (e) A copy of an advance directive for health care executed in accordance with this Code section shall be valid and have the same meaning and effect as the original document. (f) An advance directive for health care may be amended at any time by a written document signed by the declarant or by some other person in the declarant's presence

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and at the declarant's express direction, and witnessed in accordance with the provisions of subsection (c) of this Code section.
31-32-6. (a) An advance directive for health care may be revoked at any time by the declarant, without regard to the declarant's mental state or competency, by any of the following methods:
(1) By completing a new advance directive for health care that has provisions which are inconsistent with the provisions of a previously executed advance directive for health care, living will, or durable power of attorney for health care; provided, however, that such revocation shall extend only so far as the inconsistency exists between the documents and any part of a prior document that is not inconsistent with a subsequent document which shall remain unrevoked; (2) By being obliterated, burned, torn, or otherwise destroyed by the declarant or by some person in the declarant's presence and at the declarant's direction indicating an intention to revoke; (3) By a written revocation clearly expressing the intent of the declarant to revoke the advance directive for health care signed and dated by the declarant or by a person acting at the declarant's direction. If the declarant is receiving health care in a health care facility, revocation of an advance directive for health care will become effective only upon communication to the attending physician by the declarant or by a person acting at the declarant's direction. The attending physician shall record in the declarant's medical record the time and date when the attending physician received notification of the written revocation; or (4) By an oral or any other clear expression of the intent to revoke the advance directive for health care in the presence of a witness 18 years of age or older who, within 30 days of the expression of such intent, signs and dates a writing confirming that such expression of intent was made. If the declarant is receiving health care in a health care facility, revocation of an advance directive for health care will become effective only upon communication to the attending physician by the declarant or by a person acting at the declarant's direction. The attending physician shall record in the declarant's medical record the time, date, and place of the revocation and the time, date, and place, if different, when the attending physician received notification of the revocation. Any person, other than the health care agent, to whom an oral or other nonwritten revocation of an advance directive for health care is communicated or delivered shall make all reasonable efforts to inform the health care agent of that fact as promptly as possible. (b) Unless an advance directive for health care expressly provides otherwise, if after executing an advance directive for health care, the declarant marries, such marriage shall revoke the designation of a person other than the declarant's spouse as the declarant's health care agent, and if, after executing an advance directive for health care, the declarant's marriage is dissolved or annulled, such dissolution or annulment shall

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revoke the designation of the declarant's former spouse as the declarant's health care agent. (c) An advance directive for health care which survives disability, incapacity, or incompetency shall not be revoked solely by the appointment of a guardian or receiver for the declarant. Absent an order of the probate court or superior court having jurisdiction directing a guardian of the person to exercise the powers of the declarant under an advance directive for health care which survives disability, incapacity, or incompetency, the guardian of the person has no power, duty, or liability with respect to any health care matters covered by the advance directive for health care; provided, however, that no order usurping the authority of a health care agent known to the proposed guardian shall be entered unless notice is sent by first-class mail to the health care agent's last known address and it is shown by clear and convincing evidence that the health care agent is acting in a manner inconsistent with the power of attorney.
31-32-7. (a) A health care agent shall not have the authority to make a particular health care decision different from or contrary to the declarant's decision, if any, if the declarant is able to understand the general nature of the health care procedure being consented to or refused, as determined by the declarant's attending physician based on such physician's good faith judgment. (b) A health care agent shall be under no duty to exercise granted powers or to assume control of or responsibility for the declarant's health care; provided, however, that when granted powers are exercised, the health care agent shall use due care to act for the benefit of the declarant in accordance with the terms of the advance directive for health care. A health care agent shall exercise granted powers in such manner as the health care agent deems consistent with the intentions and desires of the declarant. If a declarant's intentions and desires are unclear, the health care agent shall act in the declarant's best interest considering the benefits, burdens, and risks of the declarant's circumstances and treatment options. (c) A health care agent may act in person or through others reasonably employed by the health care agent for that purpose but may not delegate authority to make health care decisions. (d) A health care agent may sign and deliver all instruments, negotiate and enter into all agreements, and do all other acts reasonably necessary to implement the exercise of the powers granted to the health care agent. A health care agent shall be authorized to accompany a declarant in an ambulance or air ambulance if in the opinion of the ambulance personnel protocol permits a passenger and to visit or consult in person with a declarant who is admitted to a health care facility if the health care facility's protocol permits such visitation. (e) The form of advance directive for health care contained in Code Section 31-32-4 shall, and any different form of advance directive for health care may, include the following powers, subject to any limitations appearing on the face of the form:

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(1) The health care agent is authorized to consent to and authorize or refuse, or to withhold or withdraw consent to, any and all types of medical care, treatment, or procedures relating to the physical or mental health of the declarant, including any medication program, surgical procedures, life-sustaining procedures, or provision of nourishment or hydration for the declarant, but not including psychosurgery, sterilization, or involuntary hospitalization or treatment covered by Title 37; (2) The health care agent is authorized to admit the declarant to or discharge the declarant from any health care facility; (3) The health care agent is authorized to contract for any health care facility or service in the name of and on behalf of the declarant and to bind the declarant to pay for all such services, and the health care agent shall not be personally liable for any services or care contracted for or on behalf of the declarant; (4) At the declarant's expense and subject to reasonable rules of the health care provider to prevent disruption of the declarant's health care, the health care agent shall have the same right the declarant has to examine and copy and consent to disclosure of all the declarant's medical records that the health care agent deems relevant to the exercise of the agent's powers, whether the records relate to mental health or any other medical condition and whether they are in the possession of or maintained by any physician, psychiatrist, psychologist, therapist, health care facility, or other health care provider, notwithstanding the provisions of any statute or other rule of law to the contrary; and (5) Unless otherwise provided, the health care agent is authorized to direct that an autopsy of the declarant's body be made; to make an anatomical gift of any part or all of the declarant's body pursuant to Article 6 of Chapter 5 of Title 44, the 'Georgia Anatomical Gift Act'; and to direct the final disposition of the declarant's body, including funeral arrangements, burial, or cremation. (f) A court may remove a health care agent if it finds that the health care agent is not acting properly.
31-32-8. Each health care provider and each other person with whom a health care agent interacts under an advance directive for health care shall be subject to the following duties and responsibilities:
(1) It is the responsibility of the health care agent or declarant to notify the health care provider of the existence of the advance directive for health care and any amendment or revocation thereof. A health care provider furnished with a copy of an advance directive for health care shall make such copy a part of the declarant's medical records and shall enter in the records any change in or termination of the advance directive for health care by the declarant that becomes known to the health care provider. A health care provider shall grant a health care agent adequate access to a declarant when a declarant is admitted to any health care facility. Whenever a health care provider believes a declarant is unable to understand the general nature of the health care procedure which the provider deems necessary, the health care

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provider shall consult with any available health care agent known to the health care provider who then has power to act for the declarant under an advance directive for health care;
(2) A health care decision made by a health care agent in accordance with the terms of an advance directive for health care shall be complied with by every health care provider to whom the decision is communicated, subject to the health care provider's right to administer treatment for the declarant's comfort or alleviation of pain; provided, however, that if the health care provider is unwilling to comply with the health care agent's decision, the health care provider shall promptly inform the health care agent who shall then be responsible for arranging for the declarant's transfer to another health care provider. A health care provider who is unwilling to comply with the health care agent's decision shall provide reasonably necessary consultation and care in connection with the pending transfer; (3) At the declarant's expense and subject to reasonable rules of the health care provider to prevent disruption of the declarant's health care, each health care provider shall give a health care agent authorized to receive such information under an advance directive for health care the same right the declarant has to examine and copy any part or all of the declarant's medical records that the health care agent deems relevant to the exercise of the health care agent's powers, whether the records relate to mental health or any other medical condition and whether they are in the possession of or maintained by any physician, psychiatrist, psychologist, therapist, health care facility, or other health care provider, notwithstanding the provisions of any statute or rule of law to the contrary; and (4) If and to the extent an advance directive for health care empowers the health care agent to direct that an autopsy of the declarant's body be made; to make an anatomical gift of any part or all of the declarant's body pursuant to Article 6 of Chapter 5 of Title 44, the 'Georgia Anatomical Gift Act'; or to direct the final disposition of the declarant's body, including funeral arrangements, burial, or cremation, the decisions of the health care agent on such matters shall be deemed the act of the declarant or of the person who has priority under law to make the necessary decisions, and each person to whom a direction by the health care agent in accordance with the terms of the agency is communicated shall comply with such direction to the extent it is in accord with reasonable medical standards or other relevant standards at the time of reference.
31-32-9. (a) Prior to effecting a withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration from a declarant pursuant to an advance directive for health care, the attending physician:
(1) Shall determine that, to the best of that attending physician's knowledge, the declarant is not pregnant, or if she is, that the fetus is not viable and that the declarant has specifically indicated in the advance directive for health care that the declarant's

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directions regarding the withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration specifically are to be carried out; (2) Shall, without delay after the diagnosis of a terminal condition or state of permanent unconsciousness of the declarant, take the necessary steps to provide for the written certification of the declarant's terminal condition or state of permanent unconsciousness in accordance with the procedure set forth in subsection (b) of this Code section; (3) Shall make a reasonable effort to determine that the advance directive for health care complies with Code Section 31-32-5; and (4) Shall make the advance directive for health care and the written certification of the terminal condition or state of permanent unconsciousness a part of the declarant patient's medical records. (b) The procedure for establishing a terminal condition or state of permanent unconsciousness is as follows: two physicians, one of whom shall be the attending physician, who, after personally examining the declarant, shall certify in writing, based upon conditions found during the course of their examination and in accordance with currently accepted medical standards, that the declarant is in a terminal condition or state of permanent unconsciousness. (c) The advance directive for health care shall be presumed, unless revoked, to be the directions of the declarant regarding the withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration. (d) The attending physician who fails or refuses to comply with the declarant's directions regarding the withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration shall advise promptly the health care agent, if one is appointed, and, otherwise, next of kin or legal guardian of the declarant that such physician is unwilling to effectuate such directions. The attending physician shall thereafter at the election of the health care agent, if one is appointed, and, otherwise, next of kin or legal guardian of the declarant: (1) Make a good faith attempt to effect the transfer of the declarant to another physician who will comply with the declarant's directions regarding the withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration; or (2) Permit the health care agent, if one is appointed, and, otherwise, next of kin or legal guardian of the declarant to obtain another physician who will comply with the declarant's directions regarding the withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration.
31-32-10. (a) Each health care provider, health care facility, and any other person who acts in good faith reliance on any direction or decision by the health care agent shall be

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protected and released to the same extent as though such person had interacted directly with the declarant as a fully competent person. Without limiting the generality of the foregoing, the following specific provisions shall also govern, protect, and validate the acts of the health care agent and each such health care provider, health care facility, and any other person acting in good faith reliance on such direction or decision:
(1) No such health care provider, health care facility, or person shall be subject to civil or criminal liability or discipline for unprofessional conduct solely for complying with any direction or decision by the health care agent, even if death or injury to the declarant ensues; (2) No such health care provider, health care facility, or person shall be subject to civil or criminal liability or discipline for unprofessional conduct solely for failure to comply with any direction or decision by the health care agent, as long as such health care provider, health care facility, or person promptly informs the health care agent of such health care provider's, health care facility's, or person's refusal or failure to comply with such direction or decision by the health care agent. The health care agent shall then be responsible for arranging the declarant's transfer to another health care provider. A health care provider who is unwilling to comply with the health care agent's decision shall continue to provide reasonably necessary consultation and care in connection with the pending transfer; (3) If the actions of a health care provider, health care facility, or person who fails to comply with any direction or decision by the health care agent are substantially in accord with reasonable medical standards at the time of reference and the provider cooperates in the transfer of the declarant pursuant to paragraph (2) of Code Section 31-32-8, the health care provider, health care facility, or person shall not be subject to civil or criminal liability or discipline for unprofessional conduct for failure to comply with the advance directive for health care; (4) No health care agent who, in good faith, acts with due care for the benefit of the declarant and in accordance with the terms of an advance directive for health care, or who fails to act, shall be subject to civil or criminal liability for such action or inaction; and (5) If the authority granted by an advance directive for health care is revoked under Code Section 31-32-6, a person shall not be subject to criminal prosecution or civil liability for acting in good faith reliance upon such advance directive for health care unless such person had actual knowledge of the revocation. (b) No person shall be civilly liable for failing or refusing in good faith to effectuate the declarant's directions regarding the withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration. (c) No physician or any person acting under a physician's direction and no health care facility or any agent or employee thereof who, acting in good faith in accordance with the requirements of this chapter, causes the withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or

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hydration from a declarant or who otherwise participates in good faith therein shall be subject to any civil or criminal liability or guilty of unprofessional conduct therefor. (d) No person who witnesses an advance directive for health care in good faith and in accordance with subsection (c) of Code Section 31-32-5 shall be civilly or criminally liable or guilty of unprofessional conduct for such action. (e) Any person who participates in the withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration pursuant to an advance directive for health care and who has actual knowledge that such advance directive for health care has been properly revoked shall not have any civil or criminal immunity otherwise granted under this chapter for such conduct.
31-32-11. (a) The making of an advance directive for health care containing a declarant's directions regarding the withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration, shall not, for any purpose, constitute a suicide. If the declarant's death results from the withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration in accordance with the terms of an advance directive for health care, the death shall not constitute a suicide or homicide for any purpose under any statute or other rule of law. (b) The making of an advance directive for health care shall not restrict, inhibit, or impair in any manner the sale, procurement, issuance, or enforceability of any policy of life insurance, annuity, or other contract that is conditioned on the life or death of the declarant nor shall it be deemed to modify the terms of an existing policy of life insurance, annuity, or other contract that is conditioned on the life or death of the declarant, notwithstanding any term of the policy to the contrary. No policy of life insurance, annuity, or other contract that is conditioned on the life or death of the declarant shall be legally impaired or invalidated in any manner by the making of an advance directive for health care pursuant to this chapter or by the withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration from an insured declarant, nor shall the making of such an advance directive for health care or the withholding or withdrawal of lifesustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration operate to deny any additional insurance benefits for accidental death of the declarant in any case in which the terminal condition of the declarant is the result of accident, notwithstanding any term of the policy to the contrary.
31-32-12. (a) No physician, health care facility, or health care provider and no health care service plan, insurer issuing disability insurance, self-insured employee welfare benefit plan, or nonprofit hospital service plan shall require any person to execute an advance directive for health care as a condition for being insured for or receiving health care services.

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(b) No health care facility shall prepare or offer to prepare an advance directive for health care unless specifically requested to do so by a person desiring to execute an advance directive for health care. For purposes of this subsection, the Department of Corrections shall not be deemed to be a health care facility.
31-32-13. All persons shall be subject to the following sanctions in relation to advance directives for health care, in addition to all other sanctions applicable under any other law or rule of professional conduct:
(1) Any person who, without the declarant's consent, willfully conceals, cancels, or alters an advance directive for health care or any amendment or revocation of the advance directive for health care or who falsifies or forges an advance directive for health care, amendment, or revocation shall be civilly liable and guilty of a misdemeanor; (2) Any person who falsifies or forges an advance directive for health care of another or who willfully conceals or withholds personal knowledge of an amendment or revocation of an advance directive for health care with the intent to cause a withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration contrary to the intent of the declarant and thereby, because of such act, directly causes life-sustaining procedures or the provision of nourishment or hydration to be withheld or withdrawn and death thereby to be hastened shall be subject to prosecution for criminal homicide as provided in Chapter 5 of Title 16; (3) Any person who requires or prevents execution of an advance directive for health care as a condition of ensuring or providing any type of health care services to an individual shall be civilly liable and guilty of a misdemeanor; and (4) Any person who willfully witnesses an advance directive for health care knowing at the time he or she is not eligible to witness such advance directive under subsection (c) of Code Section 31-32-5 or who coerces or attempts to coerce a person into making an advance directive for health care shall be civilly liable and guilty of a misdemeanor.
31-32-14. (a) Nothing in this chapter shall impair or supersede any legal right or legal responsibility which any person may have to effect the withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration in any lawful manner. (b) Nothing in this chapter shall be construed to condone, authorize, or approve mercy killing or to permit any affirmative or deliberate act or omission to end life other than to permit the process of dying as provided in this chapter. Furthermore, nothing in this chapter shall be construed to condone, authorize, or approve abortion. (c) This chapter shall create no presumption concerning the intention of an individual who has not executed an advance directive for health care to consent to the use or

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withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration in the event of a terminal condition or state of permanent unconsciousness. (d) Except to the extent provided in an advance directive for health care and subject to the health care agent's duty to exercise granted powers in such manner as the health care agent deems consistent with the intentions and desires of the declarant pursuant to subsection (b) of Code Section 31-32-7, a declarant's direction regarding the withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration shall be ineffective as long as there is an available health care agent to make decisions for and on behalf of the declarant regarding the withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration when the declarant is in a terminal condition or state of permanent unconsciousness. (e) Unless an advance directive for health care provides otherwise, a health care agent who is known to a health care provider to be available and willing to make health care decisions for a declarant has priority over any other person, including any guardian, to act for the declarant in all matters covered by the advance directive for health care. (f) Nothing in this chapter shall affect the delegation of a parent's power to control the health care of a minor child."
SECTION 3. Said title is further amended by repealing Chapter 36, relating to durable power of attorney for health care, and designating said chapter as reserved.
SECTION 4. Code Section 10-12-4 of the Official Code of Georgia Annotated, relating to the legal effect of electronic signatures, is amended by revising paragraph (3) of subsection (i) as follows:
"(3) The provisions of this Code section shall not apply to any rule of law governing the creation or execution of a will or testamentary or donative trust, living will, advance directive for health care, or health care power of attorney, or to any record that serves as a unique and transferable physical token of rights and obligations, including, without limitation, negotiable instruments and instruments of title wherein possession of the instrument is deemed to confer title."
SECTION 5. Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, is amended by revising subsection (d) of Code Section 16-5-5, relating to offering to assist in the commission of suicide, as follows:
"(d) The provisions of this Code section shall not be deemed to affect any of the laws, in whole or in part, that may be applicable to the withholding or withdrawal of medical or health care treatment, including, but not limited to, laws related to a living will, a

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durable power of attorney for health care, an advance directive for health care, or a written order not to resuscitate."
SECTION 6. Said chapter is further amended by revising subsection (b) of Code Section 16-5-100, relating to cruelty to a person 65 years of age of older, as follows:
"(b) The provisions of this Code section shall not apply to a physician nor any person acting under his or her a physician's direction nor to a hospital, skilled nursing facility, hospice, nor any agent or employee thereof who is in good faith following a course of treatment developed in accordance with accepted medical standards or who is acting in good faith in accordance with a living will as provided in Chapter 32 of Title 31, a durable power of attorney for health care as provided in Chapter 36 of Title 31, an advance directive for health care, an order not to resuscitate as provided in Chapter 39 of Title 31, or the instructions of the patient or the patient's lawful surrogate decision maker, nor shall the provisions of this Code section require any physician, any institution licensed in accordance with Chapter 7 of Title 31 or any employee or agent thereof to provide health care services or shelter to any person in the absence of another legal obligation to do so."
SECTION 7. Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended by revising subsection (c) of Code Section 29-4-3, relating to order of preference in selection of guardians, as follows:
"(c) At any time prior to the appointment of a guardian, an adult may nominate in writing an individual to serve as that adult's guardian should the adult be judicially determined to be in need of a guardian, and that nomination shall be given the preference described in this Code section, provided that it is signed in accordance with the provisions of subsection (e) of this Code section or the provisions of Code Section 31-36-5 31-32-5."
SECTION 8. Said title is further amended by revising paragraph (6) of subsection (b) of Code Section 29-4-10, relating to petition for appointment of guardian, as follows:
"(6) Whether, to the petitioner's knowledge, there exists any living will, durable power of attorney for health care, advance directive for health care, order relating to cardiopulmonary resuscitation, or other instrument that deals with the management of the person of the proposed ward in the event of incapacity and the name and address of any fiduciary or agent named in the instrument;"
SECTION 9. Said title is further amended by revising subsection (b) of Code Section 29-4-21, relating to rights and privileges removed from ward upon appointment of a guardian, as follows:

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"(b) The mere appointment of a guardian does not revoke the powers of an agent who was previously appointed by the ward to act as an agent under a durable power of attorney for health care or health care agent under an advance directive for health care."
SECTION 10. Said title is further amended by revising subsection (b) of Code Section 29-5-21, relating to rights and powers removed from ward, as follows:
"(b) The mere appointment of a conservator does not revoke the powers of an agent who was previously appointed by the ward to act as the ward's agent under a durable power of attorney for health care or health care agent under an advance directive for health care."
SECTION 11. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising subsection (b) of Code Section 31-8-55, relating to the state or community ombudsman's authority to enter and investigate certain facilities, as follows:
"(b) The state ombudsman or community ombudsman shall have the authority to enter any long-term care facility and shall use his or her best efforts to enter such facility during normal visiting hours. Upon entering the long-term care facility, the ombudsman shall notify the administrator or, in the absence of the administrator, the person in charge of the facility, before speaking to any residents. After notifying the administrator or the person in charge of the facility, the ombudsman may communicate privately and confidentially with residents of the facility, individually or in groups. The ombudsman shall have access to the medical and social records of any resident if:
(1) The ombudsman has the permission of the resident or the legal representative or guardian of the resident; (2) The resident is unable to consent to the review and has no legal representative or guardian; or (3) There is a guardian of the person of the resident and that guardian refuses to permit access to the records necessary to investigate a complaint, and:
(A) There is reasonable cause to believe that the guardian is not acting in the best interests of the resident; and (B) A community ombudsman obtains the approval of the state ombudsman. As used in this Code section, the term 'legal representative' means an agent under a valid power of attorney, provided that the agent is acting within the scope of his or her agency; an agent under a durable power of attorney for health care or health care agent under an advance directive for health care; or an executor, executrix, administrator, or administratrix of the estate of a deceased resident. The ombudsman shall have the authority to inspect the physical plant and have access to the administrative records, policies, and documents of the facility to which the residents have or the general public has access. Entry and investigation provided by this Code section shall be conducted in a manner which will not significantly disrupt the provision of nursing or other care to residents."

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SECTION 12. Said title is further amended by revising subsection (a) of Code Section 31-9-2, relating to persons authorized to consent to surgical or medical treatment, as follows:
"(a) In addition to such other persons as may be authorized and empowered, any one of the following persons is authorized and empowered to consent, either orally or otherwise, to any surgical or medical treatment or procedures not prohibited by law which may be suggested, recommended, prescribed, or directed by a duly licensed physician:
(1) Any adult, for himself or herself, whether by living will, advance directive for health care, or otherwise; (1.1) Any person authorized to give such consent for the adult under a health care agency complying with an advance directive for health care or durable power of attorney for health care under Chapter 36 32 of Title 31, the 'Durable Power of Attorney for Health Care Act'; (2) In the absence or unavailability of a living spouse, any parent, whether an adult or a minor, for his or her minor child; (3) Any married person, whether an adult or a minor, for himself or herself and for his or her spouse; (4) Any person temporarily standing in loco parentis, whether formally serving or not, for the minor under his or her care; and any guardian, for his or her ward; (5) Any female, regardless of age or marital status, for herself when given in connection with pregnancy, or the prevention thereof, or childbirth; or (6) Upon the inability of any adult to consent for himself or herself and in the absence of any person to consent under paragraphs (2) through (5) of this subsection, the following persons in the following order of priority:
(A) Any adult child for his or her parents; (B) Any parent for his or her adult child; (C) Any adult for his or her brother or sister; or (D) Any grandparent for his or her grandchild."
SECTION 13. Said title is further amended by revising paragraph (2) of subsection (a) of Code Section 31-33-2, relating to furnishing copy of health records to a patient, provider, or other authorized person, as follows:
"(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 an advance directive for health care or a durable power of attorney for health care 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 the following persons:
(A) The executor, administrator, or temporary administrator for the decedent's estate if such person has been appointed;

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(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; and (D) If there is no surviving child, by any parent."
SECTION 14. Said title is further amended by revising paragraph (2) of subsection (a) of Code Section 31-36A-6, relating to persons authorized to consent, as follows:
"(2) Any person authorized to give such consent for the adult under a health care agency complying with Chapter 36 of this title, the 'Durable Power of Attorney for Health Care Act' an advance directive for health care or durable power of attorney for health care under Chapter 32 of this title;"
SECTION 15. Said title is further amended by revising subparagraph (A) of paragraph (3) of Code Section 31-39-2, relating to definitions for cardiopulmonary resuscitation, as follows:
"(A) Any agent under a durable power of attorney for health care or health care agent under an advance directive for health care appointed pursuant to Chapter 36 of this title, the 'Durable Power of Attorney for Health Care Act' Chapter 32 of this title;"
SECTION 16. Code Section 37-2-35 of the Official Code of Georgia Annotated, relating to relationship to service recipients, is amended by revising subsection (b) as follows:
"(b) The state ombudsman or a community ombudsman shall have the authority to enter any facility, premises, or property where disability services are provided and shall use his or her best efforts to enter such facility, premises, or property during normal business hours. Upon entering such facility, premises, or property, the ombudsman shall notify the administrator or, in the absence of the administrator, the person in charge of such facility, premises, or property before speaking to any service recipient. After notifying the administrator or the person in charge of such facility, premises, or property, the ombudsman may communicate privately and confidentially with service recipients in such facility, premises, or property individually or in groups. The ombudsman shall have access to the medical, social, and disability records of any service recipient if:
(1) The ombudsman has the permission of the service recipient or the legal representative or guardian of the service recipient; (2) The service recipient is unable to consent to the review and has no legal representative or guardian; or (3) There is a guardian of the person of the service recipient and that guardian refuses to permit access to the records necessary to investigate a complaint, and:
(A) There is reasonable cause to believe that the guardian is not acting in the best interest of the service recipient; and

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(B) A community ombudsman obtains the approval of the state ombudsman. As used in this Code section, the term 'legal representative' means an agent under a valid power of attorney, provided that the agent is acting within the scope of his or her agency; an agent under a durable power of attorney for health care or health care agent under an advance directive for health care; or an executor, executrix, administrator, or administratrix of the estate of a deceased service recipient. The ombudsman shall have the authority to inspect the physical plant and have access to the administrative records, policies, and documents of the facility, premises, or property to which the service recipients have or the general public has access. Entry and investigation as provided by this Code section shall be conducted in a manner which will not significantly disrupt the provision of disability services to service recipients."
SECTION 17. Code Section 44-5-143 of the Official Code of Georgia Annotated, relating to adult decedents, is amended by revising paragraph (1) of subsection (b) as follows:
"(1) Any person having the power to permit an anatomical gift of all or part of the body of the decedent if such power is granted pursuant to a health care agency created under Chapter 36 of Title 31, the 'Durable Power of Attorney for Health Care Act' durable power of attorney for health care or advance directive for health care under Chapter 32 of Title 31;"
SECTION 18. Code Section 49-6-72 of the Official Code of Georgia Annotated, relating to definitions for services for the aging, is amended by revising paragraph (9) as follows:
"(9) 'Primary caregiver' means the one identified relative or other person in a relationship of responsibility, such as an agent under a valid durable power of attorney for health care or health care agent under a valid advance directive for health care, who has assumed the primary responsibility for the provision of care needed to maintain the physical or mental health of a functionally dependent older adult or other adult suffering from dementia, who lives in the same residence with such individual, and who does not receive financial compensation for the care provided. A substantiated case of abuse, neglect, or exploitation, as defined in Chapter 5 of Title 30, the 'Disabled Adults and Elder Persons Protection Act,' or pursuant to any other civil or criminal statute regarding an older adult, shall prohibit a primary caregiver from receiving benefits under this article unless authorized by the department to prevent further abuse."
SECTION 19. This Act shall become effective on July 1, 2007.
SECTION 20. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole E Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C
Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas 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 Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall E Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

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

On the passage of the Bill, by substitute, the ayes were 170, nays 0.

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

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.

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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 76. By Representatives Day of the 163rd, Horne of the 71st and Neal of the 1st:
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 require permission for use of the Georgia Office of Homeland Security's and the Georgia Emergency Management Agency's nomenclature and symbols, 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 Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to require permission for use of the Georgia Emergency Management Agency's nomenclature and symbols; to provide a short title; to provide for liabilities and penalties; to provide that a willful violation shall be a misdemeanor; 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. Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, is amended by inserting a new article immediately following Article 7 to read as follows:
"ARTICLE 8
38-3-130. This article shall be known and may be cited as the 'Georgia Emergency Management Agency Nomenclature Act of 2007.'
38-3-131. As used in this article, the term:
(1) 'Badge' means any official badge, identification card, or security pass used by members of the Georgia Emergency Management Agency, either in the past or currently. (2) 'Director' means the director of the Georgia Emergency Management Agency.

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(3) 'Emblem' means any official patch or other emblem worn currently or formerly or used by the Georgia Emergency Management Agency to identify the agency, a division of the agency, or employees of the agency. (4) 'Person' means any person, corporation, organization, or political subdivision of the State of Georgia. (5) 'Seal' means any official symbol, mark, or abbreviation which represents and is used, currently or in the past, by the Georgia Emergency Management Agency or the Georgia Information Sharing and Analysis Center or any other division or operation under the command of the Georgia Emergency Management Agency to identify the agency, a division of the agency, or employees of the agency. (6) 'Willful violator' means any person who knowingly violates the provisions of this article. Any person who violates this article after being advised in writing by the director that such person's activity is in violation of this article shall be considered a willful violator and shall be considered in willful violation of this article. Any person whose agent or representative is a willful violator and who has knowledge of the violation by the agent or representative shall also be considered a willful violator and in willful violation of this article unless, upon learning of the violation, he or she immediately terminates the agency or other relationship with such violator.
38-3-132. Whoever, except with the written permission of the director, knowingly uses the words 'Georgia Emergency Management Agency,' 'Emergency Management Agency,' or 'GEMA' in referring to Georgia's Emergency Management Agency or 'Georgia Information Sharing and Analysis Center' or 'GISAC' in referring to Georgia's Information Sharing and Analysis Center in connection with any advertisement, circular, book, pamphlet, or other publication, play, motion picture, broadcast, telecast, or other production in a manner reasonably calculated to convey the impression that such advertisement, circular, book, pamphlet, or other publication, play, motion picture, broadcast, telecast, or other production is approved, endorsed, or authorized by or associated with the Georgia Emergency Management Agency shall be in violation of this article.
35-3-133. Any person who uses or displays any symbol, including any emblem, seal, or badge, current or historical, used by the Georgia Emergency Management Agency without written permission from the director shall be in violation of this article.
38-3-134. Any person seeking permission to use or display the nomenclature or symbols of the Georgia Emergency Management Agency may request such permission in writing to the director. The director shall serve notice on the requesting party within 15 calendar days after receipt of the request of his or her decision on whether the person may use the nomenclature or the symbol. If the director does not respond within the 15 day time

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period, then the request is presumed to have been denied. The grant of permission under this article shall be at the discretion of the director and under such conditions as the director may impose.

38-3-135. Whenever there shall be an actual or threatened violation of this article, the director shall have the right to apply to the Superior Court of Fulton County or to the superior court of the county of residence of the violator for an injunction to restrain the violation.

38-3-136. In addition to any other relief or sanction for a violation of this article, the director shall be entitled to collect a civil penalty in the amount of $1,000.00 for each violation from a willful violator. Further, the director shall be entitled to recover reasonable attorney's fees for bringing any action against a willful violator.

38-3-137. Any person who has given money or any other item of value to another person due in part to such person's use of agency nomenclature or symbols in violation of this article may maintain a suit for damages against the violator. Where it is proven that the violation was willful, the victim shall be entitled to recover treble damages, punitive damages, and reasonable attorney's fees.

38-3-138. Any willful violator shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than $5,000.00 or to imprisonment for not more than 12 months, or both. Each violation shall constitute a separate offense."

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 Abrams Y Amerson

Y Dempsey Y Dickson Y Dollar

Y Holt Y Horne Y Houston

Y Martin Y Maxwell Y May

E Scott, M Y Sellier
Setzler

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Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler
Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole E Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C
Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight N Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey
Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall E Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

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

On the passage of the Bill, by substitute, the ayes were 161, nays 3.

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

The following Resolutions of the House were read and adopted:

HR 260. By Representatives Collins of the 27th, Mills of the 25th, Rogers of the 26th and Benton of the 31st:

A RESOLUTION commending Beverly Mize; and for other purposes.

HR 261. By Representatives Cooper of the 41st, Peake of the 137th, Smith of the 131st, Coan of the 101st and Carter of the 159th:

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A RESOLUTION commending the Partnership for Health and Accountability; and for other purposes.
HR 262. By Representatives Smith of the 129th, Smith of the 131st, Nix of the 69th, Stephens of the 164th and Smith of the 70th:
A RESOLUTION commending Bo Callaway for his lifetime of achievement and service; and for other purposes.
HR 263. By Representative Cheokas of the 134th:
A RESOLUTION honoring and remembering the life of the late Roy L. Parker III; and for other purposes.
HR 264. By Representative Channell of the 116th:
A RESOLUTION commending honorable Laverne Ogletree, judge of the Probate Court of Greene County; and for other purposes.
HR 265. By Representatives Channell of the 116th, Royal of the 171st, Floyd of the 147th, McCall of the 30th and Crawford of the 127th:
A RESOLUTION commending Vincent "Zippy" Duvall; and for other purposes.
HR 266. By Representative Jones of the 46th:
A RESOLUTION recognizing and commending Mr. Norris Gaynor on the occasion of his retirement; and for other purposes.
HR 267. By Representatives Day of the 163rd, Collins of the 27th, Crawford of the 127th, Neal of the 1st, Frazier of the 123rd and others:
A RESOLUTION commending the first responders, emergency medical technicians, cardiac technicians, and paramedics of Georgia and recognizing Emergency Medical Services (EMS) Week; and for other purposes.
HR 268. By Representative Bryant of the 160th:
A RESOLUTION commending Carver State Bank; and for other purposes.
HR 269. By Representatives Golick of the 34th and Ehrhart of the 36th:

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A RESOLUTION commending Blake Aaron Bell on becoming an Eagle Scout; and for other purposes.
HR 270. By Representatives Beasley-Teague of the 65th, Brooks of the 63rd, StanleyTurner of the 53rd, Jordan of the 77th and Thomas of the 55th:
A RESOLUTION commending Bishop C.L. Carter, Sr., and First Lady Deborah V. Carter; and for other purposes.
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 318 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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 57 Do Pass, by Substitute
Respectfully submitted, /s/ Barnard of the 166th
Chairman
Representative Smith of the 129th District, Chairman of the Committee on Transportation, submitted the following report:
Mr. Speaker:

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501

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 192 Do Pass, by Substitute HR 146 Do Pass

HR 147 Do Pass HR 171 Do Pass

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

The Speaker announced the House in recess until 4:00 o'clock, P.M., at which time the House will stand adjourned until 9:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Thursday, February 15, 2007

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 Abrams Amerson Ashe E Barnard Bearden Beasley-Teague Benton Black Bridges Brooks Bryant Buckner Burkhalter Burns Byrd Carter, A E Carter, B Casas Chambers Channell Coan Cole E Coleman Collins Cox Crawford, M Crawford, R Davis, S Dickson

Drenner Ehrhart England Epps Everson Fleming Floyd, J Fludd Forster Franklin Frazier Freeman Gardner Glanton Golick Gordon Graves Greene Hamilton Harbin Heard, J Heard, K E Heckstall Hembree E Henson Hill, C E Hill, C.A Holmes Holt Horne

Houston Hugley Jackson Jacobs James Jamieson Jenkins Jerguson Johnson, C Jones, J Jones, S Kaiser Keen Keown Knight Lakly Lane, B Lane, R Levitas Lewis Lord Loudermilk Lucas Lunsford Maddox Manning Martin E Maxwell May

McKillip Meadows Millar Mills Mitchell Morgan Morris Mosby Mumford Murphy Neal Nix Oliver O'Neal Parham Parrish Parsons Peake Porter Pruett Ralston E Randall E Reece Reese Rice Roberts Rogers Royal Scott, A

Scott, M Sellier Setzler Shaw Sheldon Shipp E Sims, B Sims, C Sims, F E Sinkfield Smith, B Smith, L Smith, R Smith, T Smith, V E Smyre Stanley-Turner Starr Stephens Talton E Thomas, A.M E Thomas, B Walker Watson Williams, A Williams, E Williams, M Williams, R Richardson, Speaker

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

Representatives Bruce of the 64th, Butler of the 18th, Cheokas of the 134th, Cooper of the 41st, Davis of the 122nd, Dempsey of the 13th, Dollar of the 45th, Dukes of the 150th, Floyd of the 99th, Geisinger of the 48th, Hanner of the 148th, Hatfield of the 177th, Howard of the 121st, Hudson of the 124th, Jordan of the 77th, Knox of the 24th, Lindsey of the 54th, Mangham of the 94th, Marin of the 96th, Powell of the 29th, Rynders of the 152nd, Stephenson of the 92nd, Teilhet of the 40th, Wilkinson of the 52nd, Willard of the 49th, Wix of the 33rd, and Yates of the 73rd.

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They wish to be recorded as present.
Prayer was offered by Dr. Joe Vernon, Shoal Creek Baptist Church, Cleveland, Georgia.
The members pledged allegiance to the flag.
Representative Lakly of the 72nd, 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 455. By Representative Stephens of the 164th:
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 enact the "Georgia Prescription Monitoring Program Act"; to provide for legislative intent; to provide for definitions; to provide for the establishment of a program for the monitoring of prescribing and dispensing Schedule II, III, or IV controlled substances by the Georgia Drugs and Narcotics Agency; to require dispensers to submit certain information regarding the dispensing of certain drugs; to provide for the confidentiality of submitted information

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except under certain circumstances; to provide for penalties; 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 456. By Representative Stephens of the 164th:
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 for legislation declarations and findings; to require the Department of Community Health and managed care organizations with whom it contracts to include county health departments as providers; to prohibit the Department of Community Health and managed care organizations from requiring county health departments to provide certain or additional services; to prohibit the exclusion of county health departments from the provision of case management services; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 457. By Representative Rice of the 51st:
A BILL to be entitled an Act to amend Code Section 40-2-60.1 of the Official Code of Georgia Annotated, relating to the administrative process for the issuance of special license plates, so as to provide for the Department of Revenue to process all applications for special license plates requested after July 1, 2007; to provide for minimum requirements; to provide for the commissioner of revenue to promulgate rules and regulations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 458. By Representatives Jackson of the 161st, Bryant of the 160th, Gordon of the 162nd and Williams of the 165th:
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, so as to require all universities under the management of the board of regents which offer a four-year degree to establish a teacher education program; to provide for legislative findings and intent; to provide for related

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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.
HB 459. By Representatives Mumford of the 95th, Stephenson of the 92nd and Mangham of the 94th:
A BILL to be entitled an Act to amend an Act providing for a supplement to the compensation, salary, expenses, and allowances of the judges of the Superior Court of the Rockdale Judicial Circuit, approved March 30, 1993 (Ga. L. 1993, p. 4459), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4777), so as to change the amount of such supplement; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 460. By Representatives Rogers of the 26th, Smith of the 131st, Smith of the 129th, Harbin of the 118th, Collins of the 27th and others:
A BILL to be entitled an Act to amend Article 4 of Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to penalties for violations administered by the Georgia Public Service Commission, so as to increase the fine the commission may impose for violations related to operating as a household goods carrier; to require written verification from the commission of a valid certificate as household goods carrier before allowing any advertisement holding out to the public that the person, firm, or corporation is a household goods carrier for hire; to require companies providing local and long distance service to disconnect the advertised telephone service of uncertificated carriers upon receiving notice to disconnect from the commission; to provide for the assessment of civil penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
HB 461. By Representatives Sheldon of the 105th, Burkhalter of the 50th, Stephens of the 164th, Butler of the 18th and Graves of the 12th:
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

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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 Health & Human Services.
HB 462. By Representatives Dollar of the 45th, Teilhet of the 40th, Harbin of the 118th and Ehrhart of the 36th:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for the manufacture, distribution, and sale of malt beverages, so as to change the provisions relating to free tasting of malt beverages during educational and promotional brewery tours; to provide for the provision and service of food in connection with such educational and promotional brewery tours and free tasting of malt beverages; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 463. By Representatives McCall of the 30th, Powell of the 29th, Burns of the 157th, Roberts of the 154th, Lunsford of the 110th and others:
A BILL to be entitled an Act to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, so as to change certain provisions relating to exemptions from said chapter; to change certain provisions relating to education and training requirements relative to said chapter, required programs, instructor qualifications, and expiration of certification; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 464. By Representatives Hill of the 180th, Lane of the 167th, Keen of the 179th, Stephens of the 164th and Williams of the 165th:
A BILL to be entitled an Act 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

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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 465. By Representatives Lindsey of the 54th, Holmes of the 61st, Kaiser of the 59th, Bruce of the 64th, Ashe of the 56th and others:
A BILL to be entitled an Act to amend an Act creating one or more community improvement districts in the City of Atlanta, Georgia, approved April 4, 1991 (Ga. L. 1991, p. 3653), as amended by an Act approved April 16, 1999 (Ga. L. 1999, p. 4439), and amended by an Act approved April 28, 2000 (Ga. L. 2000, p. 4564), so as to change a provision relating to the appointment of one member of the district board; to add a provision relating to the election of an additional member of the district board upon annexation; to repeal conflicting laws; to provide an effective date; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 466. By Representatives Maddox of the 172nd, Morris of the 155th, Roberts of the 154th, Floyd of the 147th, Shaw of the 176th and others:
A BILL to be entitled an Act to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change certain provisions relating to license, permit, tag, and stamp fees; to provide for permits for quality deer management programs on privately owned tracts of land; to provide requirements for such programs; to change certain provisions relating to unlawful enticement of game; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
HB 467. By Representative Hembree of the 67th:
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 in Georgia, so as to provide for course credit for entering freshmen students who have successfully completed the international baccalaureate

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diploma program; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
HB 468. By Representative Williams of the 4th:
A BILL to be entitled an Act to amend Code Section 3-3-7 of the O.C.G.A., relating to the local authorization and regulation of sales of alcoholic beverages on Sunday, so as to provide that in each county or municipality in which package sales of only malt beverages and wine by retailers is lawful, the governing authority of the county or municipality, as appropriate, may authorize package sales by a retailer of malt beverages and wine on Sundays from 12:30 P.M. until 7:00 P.M., if approved by referendum; to provide that in each county or municipality in which package sales of malt beverages, wine, and distilled spirits by retailers are all lawful, the governing authority of the county or municipality, as appropriate, may authorize package sales by a retailer of malt beverages, wine, and distilled spirits on Sundays from 12:30 P.M. until 7:00 P.M., if approved by referendum; to provide procedures; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 469. By Representatives Setzler of the 35th, Chambers of the 81st and Kaiser of the 59th:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the O.C.G.A., relating to education, so as to enact the "Public Charter Schools Act"; to provide for legislative findings; to revise provisions relating to the quality basic education formula with regard to public charter schools; to revise and add definitions relating to charter schools; to provide for requirements relating to public charter schools; to authorize the establishment of public charter schools by public charter school authorizers and to provide for related requirements; to provide for funding for public charter schools; to change certain provisions relating to facilities funds; to change certain provisions relative to the Office of Charter School Compliance; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HR 271. By Representatives Benfield of the 85th, Brooks of the 63rd, Jamieson of the 28th, Thomas of the 100th, Buckner of the 130th and others:

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A RESOLUTION expressing the objection of the House of Representatives to any changes from the current status as to the selection of supervisors of Soil and Water Conservation Districts; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HR 272. By Representatives Stephens of the 164th and Parrish of the 156th:

A RESOLUTION creating the House Medical Device Study Committee; and for other purposes.

Referred to the Committee on Health & Human Services.

HR 273. By Representatives Brooks of the 63rd, Mills of the 25th, Williams of the 165th, Coan of the 101st, Benfield of the 85th and others:

A RESOLUTION urging the Congress of the United States to continue to press for strong measures to end the violence in Sudan and urging the Securities and Exchange Commission to provide guidance to public pension fund managers in order to avoid investments which may be supporting nations involved in the support of terrorism or human rights violations; and for other purposes.

Referred to the Committee on Interstate Cooperation.

HR 274. By Representatives Franklin of the 43rd, Chambers of the 81st, Forster of the 3rd, Jacobs of the 80th, Loudermilk of the 14th and others:

A RESOLUTION amending the Rules of the House of Representatives so as to provide for the Pledge of Allegiance to the Georgia Flag; 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 406 HB 407 HB 408 HB 409 HB 410 HB 411

HB 436 HB 437 HB 438 HB 439 HB 440 HB 441

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HB 412 HB 413 HB 414 HB 415 HB 416 HB 417 HB 418 HB 419 HB 420 HB 421 HB 422 HB 423 HB 424 HB 425 HB 426 HB 427 HB 428 HB 429 HB 430 HB 431 HB 432 HB 433 HB 434 HB 435

HB 442 HB 443 HB 444 HB 445 HB 446 HB 447 HB 448 HB 449 HB 450 HB 451 HB 452 HB 453 HB 454 HR 241 HR 242 HR 244 HR 245 HR 246 SB 9 SB 38 SB 49 SB 58 SB 90 SB 94

Representative Rynders of the 152nd District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

Your Committee on Intragovernmental Coordination - 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 325 Do Pass HB 388 Do Pass

HB 402 Do Pass HB 403 Do Pass

Respectfully submitted, /s/ Rynders of the 152nd
Chairman

Representative Ralston of the 7th District, Chairman of the Committee on Judiciary Non-Civil, submitted the following report:

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511

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 233 Do Pass

Respectfully submitted, /s/ Ralston of the 7th
Chairman

Representative Ehrhart of the 36th District, Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:

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

HR 258 Do Pass, by Substitute

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

The following supplemental Rules Calendar was read and adopted:

HOUSE SUPPLEMENTAL RULES CALENDAR THURSDAY, FEBRUARY 15, 2007

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

HR 50

Norwood, Jr., Charles Whitlow, D.D.S.; United States Representative; honor and remember (Rules 117th)

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Modified Open Rule
None
Modified Structure 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 325. By Representative Hatfield of the 177th:
A BILL to be entitled an Act to amend an Act creating the Waycross and Ware County Industrial Development Authority, approved March 7, 1955 (Ga. L. 1955, p. 2840), as amended, so as to change certain provisions relating to issuance of revenue bonds by 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 388. By Representatives Smith of the 168th, Roberts of the 154th and Sims of the 169th:
A BILL to be entitled an Act to create a board of elections and registration for Jeff Davis County and provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of its members; to provide for the qualification, terms, and removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of functions to the newly created board; to

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513

provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for officers 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 for effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 402. By Representatives Beasley-Teague of the 65th and Horne of the 71st:
A BILL to be entitled an Act to provide for a homestead exemption from City of Palmetto ad valorem taxes for municipal purposes in the amount of $25,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or over; 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 provide for duties and responsibilities of the election superintendent of the City of Palmetto; to 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 403. By Representatives Jerguson of the 22nd, Byrd of the 20th, Hill of the 21st and Hamilton of the 23rd:
A BILL to be entitled an Act to repeal an Act creating the Cherokee County Parks and Recreation Authority, approved April 5, 1995 (Ga. L. 1995, p. 4223), as amended, so as to provide for the disposition of property and the assumption of liabilities; to provide for existing contracts; to provide for personnel; to provide for the redirection of funding; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
By unanimous consent, the following roll call vote was made applicable to the previously read Bills.
On the passage of the Bills, the roll call was ordered and the vote was as follows:

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Y Abdul-Salaam Y Abrams Y Amerson Y Ashe E Barnard Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce
Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A E Carter, B
Casas Y Chambers Y Channell Y Cheokas Y Coan
Cole E Coleman Y Collins
Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S
Day

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick
Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree E Henson Y Hill, C E Hill, C.A Y Holmes

Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson
Jacobs Y James Y Jamieson Y Jenkins Y Jerguson
Johnson, C Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y Martin E Maxwell Y May
McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby
Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

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

On the passage of the Bills, the ayes were 144, nays 0.

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

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

Mr. Speaker:

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

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515

SB 23. By Senators Douglas of the 17th, Rogers of the 21st, Schaefer of the 50th, Hawkins of the 49th, Staton of the 18th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 10 of Title 17 of the O.C.G.A., relating to criminal sentencing procedure, so as to provide that in making determinations with respect to probation and suspension of sentences, the court may inquire into and consider the legality of a prisoner's presence in the United States; to amend Article 2 of Chapter 9 of Title 42 of the O.C.G.A., relating to granting of pardons, parole, and other relief in general, so as to provide that the State Board of Pardons and Paroles may inquire into and consider the legality of a prisoner's presence in the United States when making parole decisions; to make a statement of legislative findings and intent with respect to applicability; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 48. By Senators Carter of the 13th and Whitehead, Sr. of the 24th:
A BILL to be entitled an Act to amend Code Section 42-5-50 of the O.C.G.A., relating to transmittal of information on convicted persons and place of detention, so as to provide that after a convicted person has remained in custody of the local jail for a period of 90 days after a request for local custody has been filed on behalf of such person, the sheriff through the prosecuting attorney may petition the sentencing court for a hearing to determine whether such convicted person should be transferred to the custody of the commissioner of corrections; to provide for notice to the attorney of record for the convicted person; to provide for certain matters to be considered by the court; to provide that the court order shall specify the conditions of continued incarceration of the convicted person; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 52. By Senators Jones of the 10th, Adelman of the 42nd, Weber of the 40th and Thompson of the 5th:
A BILL to be entitled an Act to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act establishing the form of government of DeKalb County 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 change the provisions relating to the authority of the chief executive officer to preside over meetings of the county commission and vote in certain instances; to change the provisions relating to the authority of the chief executive officer to set the agenda for meetings of the county commission; to

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provide for related matters; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 62. By Senators Mullis of the 53rd, Whitehead, Sr. of the 24th, Seay of the 34th, Carter of the 13th and Staton of the 18th:
A BILL to be entitled an Act to amend Code Section 35-3-35 of the Official Code of Georgia Annotated, relating to disclosure and dissemination of records by the Georgia Crime Information Center to public agencies and political subdivisions and responsibility and liability of the issuing center, so as to provide certain conditions for requesting criminal history records; to repeal conflicting laws; and for other purposes.
SB 72. By Senators Williams of the 19th, Weber of the 40th, Rogers of the 21st, Tolleson of the 20th, Staton of the 18th and others:
A BILL to be entitled an Act to amend Code Section 20-2-290 of the Official Code of Georgia Annotated, relating to organization of schools under the "Quality Basic Education Act," so as to provide for legislative findings; to authorize the employment of school administrative managers to conduct the financial and business affairs of a school; 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 211. By Representatives Scott of the 153rd and Roberts of the 154th:
A BILL to be entitled an Act to authorize Tift County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
HB 212. By Representatives Scott of the 153rd and Roberts of the 154th:
A BILL to be entitled an Act to authorize the City of Tifton 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.

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517

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

SB 23.

By Senators Douglas of the 17th, Rogers of the 21st, Schaefer of the 50th, Hawkins of the 49th, Staton of the 18th and others:

A BILL to be entitled an Act to amend Article 1 of Chapter 10 of Title 17 of the O.C.G.A., relating to criminal sentencing procedure, so as to provide that in making determinations with respect to probation and suspension of sentences, the court may inquire into and consider the legality of a prisoner's presence in the United States; to amend Article 2 of Chapter 9 of Title 42 of the O.C.G.A., relating to granting of pardons, parole, and other relief in general, so as to provide that the State Board of Pardons and Paroles may inquire into and consider the legality of a prisoner's presence in the United States when making parole decisions; to make a statement of legislative findings and intent with respect to applicability; 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 48. By Senators Carter of the 13th and Whitehead, Sr. of the 24th:

A BILL to be entitled an Act to amend Code Section 42-5-50 of the O.C.G.A., relating to transmittal of information on convicted persons and place of detention, so as to provide that after a convicted person has remained in custody of the local jail for a period of 90 days after a request for local custody has been filed on behalf of such person, the sheriff through the prosecuting attorney may petition the sentencing court for a hearing to determine whether such convicted person should be transferred to the custody of the commissioner of corrections; to provide for notice to the attorney of record for the convicted person; to provide for certain matters to be considered by the court; to provide that the court order shall specify the conditions of continued incarceration of the convicted person; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Institutions & Property.

SB 52.

By Senators Jones of the 10th, Adelman of the 42nd, Weber of the 40th and Thompson of the 5th:

A BILL to be entitled an Act to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County,

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approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by 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 change the provisions relating to the authority of the chief executive officer to preside over meetings of the county commission and vote in certain instances; to change the provisions relating to the authority of the chief executive officer to set the agenda for meetings of the county commission; to provide for related matters; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Intragovernmental Coordination - Local.

SB 62.

By Senators Mullis of the 53rd, Whitehead, Sr. of the 24th, Seay of the 34th, Carter of the 13th and Staton of the 18th:

A BILL to be entitled an Act to amend Code Section 35-3-35 of the Official Code of Georgia Annotated, relating to disclosure and dissemination of records by the Georgia Crime Information Center to public agencies and political subdivisions and responsibility and liability of the issuing center, so as to provide certain conditions for requesting criminal history records; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary Non-Civil.

SB 72.

By Senators Williams of the 19th, Weber of the 40th, Rogers of the 21st, Tolleson of the 20th, Staton of the 18th and others:

A BILL to be entitled an Act to amend Code Section 20-2-290 of the Official Code of Georgia Annotated, relating to organization of schools under the "Quality Basic Education Act," so as to provide for legislative findings; to authorize the employment of school administrative managers to conduct the financial and business affairs of a school; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Education.

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

Williams of the 165th, Benfield of the 85th, Jackson of the 161st, Rynders of the 152nd, Cox of the 102nd, Geisinger of the 48th, and Manning of the 32nd.

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The following Resolutions of the House were read and referred to the Committee on Rules:
HR 276. By Representatives Smith of the 113th, Ehrhart of the 36th, Stephens of the 164th, Harbin of the 118th, Burkhalter of the 50th and others:
A RESOLUTION recognizing Italy Day at the Capitol and inviting his Excellency Giovanni Castellaneta, Ambassador of Italy to the United States, accompanied by Angela Della Constanza Turner, Honorary Consul of Italy for the State of Georgia, to appear before the House of Representatives; and for other purposes.
HR 277. By Representative Sims of the 169th:
A RESOLUTION recognizing and commending Mr. Francis M. Lott 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 Resolution of the House was taken up for consideration and read the third time:
HR 50. By Representatives Burkhalter of the 50th, Stephens of the 164th, Smith of the 129th, Jordan of the 77th, Parrish of the 156th and others:
A RESOLUTION urging the United States Department of Justice to oppose the proposed unsolicited takeover of Delta Air Lines; and for other purposes.
The following substitute, offered by the Committee on Rules, was read and adopted:
A RESOLUTION
Honoring and remembering the life of United States Representative Charles Whitlow Norwood, Jr., D.D.S.; and for other purposes.
WHEREAS, with the passing of Representative Charles Whitlow Norwood, Jr., the State of Georgia has lost one of her most distinguished native sons and a great statesman; and
WHEREAS, Charlie Norwood, originally of Valdosta, graduated from Georgia Southern University in Statesboro before earning his dental degree from Georgetown University Dental School in Washington, D.C.; and
WHEREAS, Dr. Norwood then served as a dental surgeon in the U.S. Army Dental Corps with the 173rd Airborne Brigade in a combat zone in the Republic of Vietnam in

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1968-1969, delivering dental and emergency medical services while under enemy fire, and was awarded two Bronze Stars and a Combat Medic Badge; and
WHEREAS, Dr. Norwood went on to a distinguished career in private dentistry practice, including service as president of the Georgia Dental Association; and
WHEREAS, as a member of the United States House he provided outstanding representation to the people of the Tenth Congressional District of Georgia from 1995 until 2007, serving under four different district boundaries stretching from Dublin and Swainsboro in the south to Dillard and Hiawassee in the North Georgia mountains; and
WHEREAS, during his service in Washington, Congressman Norwood fought tirelessly to improve health care quality and access for all Americans through his Patient's Bill of Rights legislation and defended and preserved Georgia's Medicaid program by securing appropriate funding and passing into law legislation combating fraud and abuse; and
WHEREAS, Congressman Norwood successfully preserved and expanded Fort Gordon through two Base Realignment and Closure challenges, securing military construction funds to keep Fort Gordon infrastructure in top condition and supporting new missions including the Gordon Regional Security Operations Center; and
WHEREAS, Congressman Norwood played a vital role in supporting the Department of Energy's Savannah River Site and securing new missions for SRS including MOX fuel and environmental cleanup programs; and
WHEREAS, he defended citizens of Georgia and America against excess regulatory zeal by multiple federal agencies and consistently voted to reduce the federal deficit and lower federal taxes for all Georgians; and
WHEREAS, Congressman Norwood he was a beloved member of Trinity-on-the-Hill United Methodist Church; and
WHEREAS, in civic affairs he played leading roles with the American Dental Association, the Georgia Dental Association, the International College of Dentistry, the American College of Dentistry Sciences, the Augusta Opera Society, the Augusta Symphony Guild, and many other worthwhile organizations and charities; and
WHEREAS, his dedication to his career and to his country was surpassed only by his love for his family, and he is survived by his loving wife Gloria, sons Charles and Carlton, and four grandchildren.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body honor the lifetime achievements and legacy of the

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521

Honorable Charlie Norwood of Augusta, Georgia, for his state, his nation, and his fellow man and offer their most sincere condolences to his family.
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 United States Representative Charles Whitlow Norwood, Jr., D.D.S.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, by substitute.
Representative Keen of the 179th moved that the adoption of HR 50 be unanimous by acclamation.
Representative Burkhalter of the 50th seconded the motion.
It was so ordered.
The Resolution was adopted, by substitute.
The following Resolutions of the House were read and adopted:
HR 275. By Representatives Jackson of the 161st, Sims of the 119th, Henson of the 87th and Gardner of the 57th:
A RESOLUTION recognizing dental hygienists in Georgia and recognizing February 17, 2007, as "Dental Hygienists' Appreciation Day"; and for other purposes.
HR 279. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Casey Glen Allison of Abraham Baldwin Agricultural College on Academic Recognition Day for 2007; and for other purposes.
HR 280. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Yoshana Jones of Albany State University on Academic Recognition Day for 2007; and for other purposes.
HR 281. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Jaree Hudson of Armstrong Atlantic State University on Academic Recognition Day for 2007; and for other purposes.

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HR 282. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Madje M. Aniakou of Atlanta Metropolitan College on Academic Recognition Day for 2007; and for other purposes.
HR 283. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Kira M. King of Augusta State University on Academic Recognition Day for 2007; and for other purposes.
HR 284. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Ruby H. Barlow of Bainbridge College on Academic Recognition Day for 2007; and for other purposes.
HR 285. By Representative Hembree of the 67th:
A RESOLUTION Commending University System of Georgia Outstanding Scholar Nikki T. Sawyer of Clayton State University on Academic Recognition Day for 2007; and for other purposes.
HR 286. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Heather Rachael Ringwald of Coastal Georgia Community College on Academic Recognition Day for 2007; and for other purposes.
HR 287. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Katherine Clair Fluke of the Georgia Institute of Technology on Academic Recognition Day for 2007; and for other purposes.
HR 288. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Harold Shane Spates of Georgia Highlands College on Academic Recognition Day for 2007; and for other purposes.

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HR 289. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Cheryl Lynn New of Georgia College & State University on Academic Recognition Day for 2007; and for other purposes.
HR 290. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Kelli Leigh Gunn of Gainesville State College on Academic Recognition Day for 2007; and for other purposes.
HR 291. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Shanna D. Wingfield of Fort Valley State University on Academic Recognition Day for 2007; and for other purposes.
HR 292. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Chelsie B. Hooks of East Georgia College on Academic Recognition Day for 2007; and for other purposes.
HR 293. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar James Long of Darton College on Academic Recognition Day for 2007; and for other purposes.
HR 294. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Cheri M. Pace of Dalton State College on Academic Recognition Day for 2007; and for other purposes.
HR 295. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Sandra Joyce Shorey of Columbus State University on Academic Recognition Day for 2007; and for other purposes.

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HR 296. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Justin Thomas Loadholt of Georgia Perimeter College on Academic Recognition Day for 2007; and for other purposes
HR 297. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Jennifer M. Kanzler of Georgia Southern University on Academic Recognition Day for 2007; and for other purposes
HR 298. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Lindsey Leigh Smith of Georgia Southwestern State University on Academic Recognition Day for 2007; and for other purposes.
HR 299. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar David Brown of Georgia State University on Academic Recognition Day for 2007; and for other purposes.
HR 300. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Autumn Schaffer of Gordon College on Academic Recognition Day for 2007; and for other purposes.
HR 301. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Michael Patrick East of Kennesaw State University on Academic Recognition Day for 2007; and for other purposes.
HR 302. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Richard K. Howell of Macon State College on Academic Recognition Day for 2007; and for other purposes.

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HR 303. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Melissa Jean Shaw of the Medical College of Georgia on Academic Recognition Day for 2007; and for other purposes.
HR 304. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Theodora Lee Brandon of Middle Georgia College on Academic Recognition Day for 2007; and for other purposes.
HR 305. By Representative Epps of the 128th:
A RESOLUTION expressing congratulations and best wishes to Mother Ophelia Swanson on the occasion of her 100th birthday; and for other purposes.
HR 306. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Bao Tram Nguyen of North Georgia College & State University on Academic Recognition Day for 2007; and for other purposes.
HR 307. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Robert Michael Allen Hagedorn of Savannah State University on Academic Recognition Day for 2007; and for other purposes.
HR 308. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Yollande S. Chang of Southern Polytechnic State University on Academic Recognition Day for 2007; and for other purposes.
HR 309. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Douglas Michael Jackson of the University of Georgia on Academic Recognition Day for 2007; and for other purposes.

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HR 310. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Logan Michael Leslie of the University of West Georgia on Academic Recognition Day for 2007; and for other purposes.
HR 311. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Michael Wayne Harper of South Georgia College on Academic Recognition Day for 2007; and for other purposes.
HR 312. By Representative Butler of the 18th:
A RESOLUTION expressing regret at the passing of Jimmy M. Smith; and for other purposes.
HR 313. By Representatives Jordan of the 77th, Glanton of the 76th, Heckstall of the 62nd and Johnson of the 75th:
A RESOLUTION commending the Leadership Clayton Class of 2007; and for other purposes.
HR 314. By Representative Ralston of the 7th:
A RESOLUTION commending Dr. Connie M. Huff; and for other purposes.
HR 315. By Representatives Jamieson of the 28th and Rogers of the 26th:
A RESOLUTION commending Beverly Mize; and for other purposes.
HR 316. By Representative Epps of the 128th:
A RESOLUTION recognizing and commending Ms. Laurie Lewis; and for other purposes.
HR 317. By Representatives Smith of the 113th, Ehrhart of the 36th, Stephens of the 164th, Harbin of the 118th, Burkhalter of the 50th and others:
A RESOLUTION commending Angela Della Costanza Turner; and for other purposes.

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HR 318. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Melissa K. Daugherty of Valdosta State University on Academic Recognition Day for 2007; and for other purposes.
HR 319. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Sarah B. Smith of Waycross College on Academic Recognition Day for 2007; and for other purposes.
HR 320. By Representative Hugley of the 133rd:
A RESOLUTION honoring the life of Ms. Harriet Ethel Sherald and expressing regret at her passing; and for other purposes.
Representative Keen of the 179th moved that the House do now adjourn until 1:00 o'clock, P.M., Tuesday, February 20, 2007, 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., Tuesday, February 20, 2007.

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JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia

Tuesday, February 20, 2007

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 Abrams Amerson Ashe Barnard Bearden
E Beasley-Teague Benfield Benton Black Bridges Brooks Bryant Buckner Burkhalter Burns Butler Byrd Carter, A
E Carter, B Casas Chambers Coan Cole Coleman Collins Cox Crawford, M Crawford, R Davis, H Davis, S Day

Dempsey Dickson Dollar E Drenner Dukes Ehrhart England Epps Everson Fleming Floyd, H Fludd Forster Franklin Frazier Freeman Gardner Glanton Golick Gordon Graves Greene Hamilton Hanner Harbin Hatfield Heard, J E Heard, K Heckstall Hembree

E Henson Hill, C Hill, C.A Holt Houston Howard Hugley
E Jacobs James Jamieson Jenkins Jerguson Johnson, C Johnson, T Jones, J Jones, S Kaiser Keen Keown Knight Lakly Lane, B Lane, R Levitas Lewis Lindsey Lord Loudermilk Lunsford Maddox

Mangham Manning Martin May McCall McKillip Mills Mitchell Morris Mosby Mumford Murphy Neal Nix O'Neal Parrish Parsons E Peake Porter Pruett Ralston E Randall Reese Rice Roberts Rogers Royal Rynders Sailor Scott, A

Scott, M Sellier Setzler Shaw Sheldon Shipp Sims, B Sims, C Sims, F Sinkfield Smith, B Smith, L Smith, R Smith, T Smith, V E Smyre Starr Talton Teilhet Thomas, A.M Thomas, B Walker Watson Wilkinson Willard Williams, E Williams, M Williams, R Wix Richardson, Speaker

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

Representatives Abdul-Salaam of the 74th, Bruce of the 64th, Channell of the 116th, Cheokas of the 134th, Cooper of the 41st, Geisinger of the 48th, Horne of the 71st, Hudson of the 124th, Jordan of the 77th, Knox of the 24th, Lucas of the 139th, Marin of the 96th, Maxwell of the 17th, Meadows of the 5th, Millar of the 79th, Morgan of the 39th, Oliver of the 83rd, Parham of the 141st, Powell of the 29th, Reece of the 11th, Stanley-Turner of the 53rd, Stephens of the 164th, Tumlin of the 38th, and Williams of the 165th.

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They wish to be recorded as present.
Due to medical reasons, Representative Yates of the 73rd was excused on all votes today.
Prayer was offered by Reverend Marvin Moss, Cascade United Methodist Church, Atlanta, Georgia.
The members pledged allegiance to the flag.
Representative Lakly of the 72nd, 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 Resolution of the House were introduced, read the first time and referred to the Committees:
HB 470. By Representatives Parrish of the 156th, Rice of the 51st, Parham of the 141st and Powell of the 29th:
A BILL to be entitled an Act to repeal Article 28 of Chapter 1 of Title 10 of the O.C.G.A., relating to motor vehicle warranty rights; to enact a new

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Article 28 of Chapter 1 of Title 10 to be known as the "Georgia Lemon Law"; to provide for a short title; to provide for legislative intent; to provide for definitions; to provide for documents and information to be provided to consumers; to provide for a duty of the manufacturer to repair and correct nonconformities; to provide for replacement or repurchase of nonconforming vehicles; to provide for an informal dispute settlement mechanism; to provide for arbitration; to provide for an appeal of the arbitration decision; to require exhaustion of remedies by the consumer; to provide for a new motor vehicle arbitration panel; to provide for resale of a nonconforming vehicle; to provide for collection of a consumer fee; to provide for new motor vehicle dealer liability; 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 471. By Representatives Stephens of the 164th, McCall of the 30th and Rynders of the 152nd:
A BILL to be entitled an Act to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other government entities, so as to prohibit local governments from requiring transfer of the ownership of privately constructed water or sewage systems under certain conditions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 472. By Representatives Meadows of the 5th, Maxwell of the 17th, Knox of the 24th, Smith of the 131st and Rogers of the 26th:
A BILL to be entitled an Act to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions of insurance, so as to provide that an insurer may provide insurance policies and other information in a language other than English; to provide in the event of a dispute or complaint arising involving material not in English, the English version of the material will control the resolution of the dispute or complaint; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.

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HB 473. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to amend an Act creating the Banks County board of commissioners, approved August 19, 1916 (Ga. L. 1916, p. 349), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4532), and an Act approved April 14, 1997 (Ga. L. 1997, p. 4166), so as to change the compensation of the chairperson and other members of the board of commissioners; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 474. By Representatives Cheokas of the 134th, Smith of the 113th, Lewis of the 15th and Parsons of the 42nd:
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, so as to require certain universities in Georgia to offer Georgia entities the first opportunity to purchase or license intellectual property produced by such universities; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
HB 475. By Representatives Roberts of the 154th, McCall of the 30th, Manning of the 32nd and Sheldon of the 105th:
A BILL to be entitled an Act to amend Article 14A of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to flea market vendors record keeping, so as to restrict the sale of certain items at flea markets; to provide for a misdemeanor; to provide for a fine; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 476. By Representatives Rice of the 51st, Casas of the 103rd, Reese of the 98th, Coan of the 101st, Mumford of the 95th 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 tenth judge of the superior courts of the Gwinnett 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

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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 provide for an additional court reporter for such circuit; to authorize the governing authority of the counties that comprise the Gwinnett Judicial Circuit to provide facilities, office space, supplies, equipment, and personnel for such judges; to declare inherent authority; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 477. By Representative Hanner of the 148th:
A BILL to be entitled an Act to reincorporate and provide a new charter for the City of Richland in Stewart 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, 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 administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for other matters relative to the foregoing; to repeal an Act incorporating the City of Richland in the County of Stewart, approved August 16, 1922 (Ga. L. 1922, p. 925), as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 478. By Representatives Marin of the 96th, Floyd of the 99th, Teilhet of the 40th and Thomas of the 100th:
A BILL to be entitled an Act to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, so as to provide that the terms of phone cards shall be disclosed at the time of purchase and through certain notifications; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.

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HB 479. By Representatives Marin of the 96th, Floyd of the 99th, Teilhet of the 40th and Thomas of the 100th:
A BILL to be entitled an Act to amend Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to abatement of nuisances generally, so as to change certain provisions relating to definitions relative to county and municipal abatement powers; to change certain provisions relating to county or municipal ordinances relating to unfit buildings or structures; to change certain provisions relating to determinations by public officers that dwellings, buildings, or structures are unfit or vacant, dilapidated, or being used in connection with commission of drug crimes; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 480. By Representatives Marin of the 96th, Floyd of the 99th and Rice of the 51st:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Norcross, Georgia, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 3680), an Act approved March 25, 1996 (Ga. L. 1996, p. 3666), and an Act approved March 24, 1997 (Ga. L. 1997, p. 3517), so as to change the form of government from a mayor-council form of government to a city managercouncil form of government; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 481. By Representatives Lindsey of the 54th and Wilkinson of the 52nd:
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 sales and use taxation in general, so as to provide that certain sales and use taxes imposed on sales to and construction of certain tourist attraction facilities may under certain conditions be refunded to the owner and operator; to define a term; to provide for applications, records, and administration; 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.

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HB 482. By Representatives Lane of the 158th and Stephens of the 164th:
A BILL to be entitled an Act to abolish the office of elected county surveyor of Bryan County pursuant to Code Section 36-7-2.1 of the O.C.G.A.; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 483. By Representative Cox of the 102nd:
A BILL to be entitled an Act to authorize the City of Lilburn 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 Intragovernmental Coordination - Local.
HB 484. By Representatives Hembree of the 67th, Ehrhart of the 36th, Smith of the 113th, Sheldon of the 105th, Gardner of the 57th and others:
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 revise a definition and add a definition; to provide that enrollment in postsecondary courses at a branch of the Georgia Department of Technical and Adult Education will not count against the hourly caps for HOPE grants; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
HB 485. By Representative 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 and special plates for certain persons and vehicles, so as to specify that certain existing license plates shall not be subject to the special tag renewal fee; to provide for new revenue-sharing license plates; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Motor Vehicles.
HB 486. By Representative Willard of the 49th:
A BILL to be entitled an Act to amend Code Section 48-5-359.1 of the Official Code of Georgia Annotated, relating to contracts with the county tax commissioner to assess and collect municipal taxes and prepare the tax digest, so as to change certain provisions regarding compensation to be paid to the tax commissioner for additional duties; 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 487. By Representatives Scott of the 153rd, Keen of the 179th, Burkhalter of the 50th and Fleming of the 117th:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide that the candidate who receives the most votes in a primary, special primary, election, or special election, other than a municipal primary, municipal special primary, municipal election, or municipal special election shall be nominated or elected, provided that the votes for such candidate exceed 45 percent of the total votes cast in that contest in the primary, special primary, election, or special election; to provide a definition; to change the date of the presidential preference primary in Georgia; to change the date by which the parties must submit names to the Secretary of State for inclusion on the ballot and the date on which the Secretary of State shall publish such list of names; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HR 278. By Representatives Beasley-Teague of the 65th, Fludd of the 66th, Brooks of the 63rd, Stanley-Turner of the 53rd and Jordan of the 77th:
A RESOLUTION urging the Congress of the United States to enact legislation that would penalize banks and other financial institutions for continuing to automatically deduct money from accounts after receiving appropriate notice from the account holder to stop making such automatic deduction; and for other purposes.
Referred to the Committee on Banks & Banking.

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

HB 455 HB 456 HB 457 HB 458 HB 459 HB 460 HB 461 HB 462 HB 463 HB 464 HB 465 HB 466

HB 467 HB 468 HB 469 HR 271 HR 272 HR 273 HR 274 SB 23 SB 48 SB 52 SB 62 SB 72

Representative Rynders of the 152nd District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

Your Committee on Intragovernmental Coordination - 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 406 HB 409 HB 411

Do Pass Do Pass Do Pass

Respectfully submitted, /s/ Rynders of the 152nd
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 243 HR 276 HR 277

Do Pass Do Pass Do Pass

Representative Hill of the 21st District, Chairman of the Committee on Special Rules, submitted the following report:

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537

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 121 Do Pass, by Substitute

Respectfully submitted, /s/ Hill of the 21st
Chairman

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

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 20, 2007

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 22nd Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule HB 134 Local governments; bid bonds; cash; change certain provisions (IGC-108th)

HB 136

Public policy; contract of insurance; indemnification; provisions (Substitute)(Judy-101st)

HB 168

Associate juvenile court judges; appointment; change qualifications (JudyNC-95th)

HB 239

Board of Natural Resources; rules; game and fish criminal violations; change certain provisions (GF&P-158th)

Modified Open Rule

None

Modified Structured Rule

HB 153

Juveniles; Division of Family and Children Services; provide certain requirements (Substitute)(Judy-14th)

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Structured Rule
None
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Ehrhart of the 36th
Chairman
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 406. By Representative Floyd of the 147th:
A BILL to be entitled an Act to amend an Act providing for a merger of the independent school system of the City of Cordele and the school districts in the County of Crisp lying outside the corporate limits of said City, approved February 11, 1957 (Ga. L. 1957, p. 2066), as amended, so as to change the compensation of members of the Crisp County Board of Education; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 409. By Representative Lane of the 167th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Darien, approved May 5, 2006 (Ga. L. 2006, p. 4328), 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 411. 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

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Voting Rights Act of 1965, as amended; to provide an effective date; 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.

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B
Casas Y Chambers Y Channell Y Cheokas Y Coan
Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H
Davis, S Y Day

Y Dempsey Y Dickson
Dollar E 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
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 Y Howard Y Hudson Y Hugley Y Jackson E Jacobs
James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas
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 Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons E Peake Y Porter Y Powell Y Pruett Y Ralston E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the passage of the Bills, the ayes were 150, nays 0.

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The Bills, having received the requisite constitutional majority, were passed.
Representative Smith of the 131st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following members were recognized during the period of Morning Orders and addressed the House:
Willard of the 49th, Coleman of the 97th, Brooks of the 63rd, and Rynders of the 152nd.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 243. By Representatives Keen of the 179th, Burkhalter of the 50th, Roberts of the 154th, Sheldon of the 105th, Fleming of the 117th and others:
A RESOLUTION recognizing and commending U.S. Senator Saxby Chambliss and inviting him to appear before the House of Representatives; and for other purposes.
HR 276. By Representatives Smith of the 113th, Ehrhart of the 36th, Stephens of the 164th, Harbin of the 118th, Burkhalter of the 50th and others:
A RESOLUTION recognizing Italy Day at the Capitol and inviting his Excellency Giovanni Castellaneta, Ambassador of Italy to the United States, accompanied by Angela Della Costanza Turner, Honorary Consul of Italy for the State of Georgia, to appear before the House of Representatives; and for other purposes.
HR 277. By Representative Sims of the 169th:
A RESOLUTION recognizing and commending Mr. Francis M. Lott and inviting him to appear before the House of Representatives; and for other purposes.
The following Resolution of the House, favorably reported by the Committee on Rules, was read:
HR 258. By Representatives Willard of the 49th, Byrd of the 20th, Heard of the 104th, Chambers of the 81st, Coan of the 101st and others:

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541

A RESOLUTION commending the Vietnamese community in Georgia and recognizing the community's pride in their "Vietnamese Heritage and Freedom Flag"; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Commending the Vietnamese community in Georgia and recognizing the community's pride in their "Vietnamese Heritage and Freedom Flag"; and for other purposes.
WHEREAS, Vietnamese Americans were forced to flee their homeland in fear of the communist government's campaign of retribution and persecution after the fall of Saigon in 1975; and
WHEREAS, a significant number of the Vietnamese refugees who entered the United States settled in Georgia, and in the ensuing years, they have proven themselves to be honest, intelligent, loyal citizens of this state and of the United States, contributing greatly in the areas of business, commerce, and culture; and
WHEREAS, virtually all of our Vietnamese American citizens embrace the "Heritage and Freedom Flag," which appears as three red stripes on a saffron background, as the symbol of their community and their cultural identity, representing freedom, democracy, and the legendary resilience of the Vietnamese people; and
WHEREAS, the Vietnamese American community continues to flourish and to demonstrate the spirit and love of freedom which America embraces, and it is only proper that the tangible symbol of that spirit, the "Heritage and Freedom Flag," be recognized as the official flag of the Vietnamese American community in Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body commend the Vietnamese community in Georgia for their many triumphs and successes in the years following the collapse of their government in 1975 and recognize the community's pride in their "Vietnamese Heritage and Freedom Flag."
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 public and the press.
The Resolution was adopted, by substitute.

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

HB 134. By Representatives England of the 108th, Heard of the 104th, Coan of the 101st and Benton of the 31st:

A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to bid bonds for public works bidding for local governments, so as to change certain provisions relating to cash in lieu of bid bonds and letters of credit; to change certain provisions relating to acceptable substitutes for bonds; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam E Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell
Cheokas Y Coan
Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M

Y Dempsey Y Dickson
Dollar E Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H
Floyd, J Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs
James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell Y Morgan
Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons E Peake
Porter Y Powell Y Pruett Y Ralston E Randall Y Reece Y Reese
Rice Y Roberts Y Rogers

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

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543

Y Crawford, R Y Davis, H
Davis, S Day

Y Henson Y Hill, C Y Hill, C.A Y Holmes

Y Maddox Y Mangham
Manning Y Marin

Y Royal Y Rynders Y Sailor Y Scott, A

Y Williams, R Y Wix
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.

The Speaker assumed the Chair.

HB 136. By Representatives Coan of the 101st, Shaw of the 176th, O`Neal of the 146th, Rogers of the 26th, Millar of the 79th and others:

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.

By unanimous consent, further consideration of HB 136 was suspended until later in the legislative day.

HB 168. By Representatives Mumford of the 95th and Knox of the 24th:

A BILL to be entitled an Act to amend Code Section 15-11-21 of the Official Code of Georgia Annotated, relating to associate juvenile court judges, appointment and compensation, qualifications, conduct of hearings, and rehearing, so as to change the qualifications for an associate juvenile court 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.

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

Y Abdul-Salaam E Abrams Y Amerson

Y Dempsey Y Dickson Y Dollar

Y Holt Y Horne Y Houston

Y Martin Y Maxwell Y May

Y Scott, M Y Sellier
Setzler

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Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S
Day

E Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H
Floyd, J Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James N Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox N Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Marin

Y McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons E Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the passage of the Bill, the ayes were 157, nays 5.

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

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 239. By Representatives Lane of the 158th, Jerguson of the 22nd and Burns of the 157th:

A BILL to be entitled an Act to amend Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to game and fish, so as to change certain provisions relating to rules and regulations of the Board of Natural Resources used to establish game and fish criminal violations; to provide an effective date; to repeal conflicting laws; and for other purposes.

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545

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S
Day

Y Dempsey Y Dickson Y Dollar E Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H
Floyd, J Fludd Y Forster E Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A Y Holmes

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins
Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas 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 Y McKillip Y Meadows
Millar Y Mills Y Mitchell Y Morgan
Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons E Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

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

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

HB 153. By Representatives Loudermilk of the 14th, Oliver of the 83rd, Lewis of the 15th, Franklin of the 43rd, Setzler of the 35th and others:

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A BILL to be entitled an Act to amend Part 6 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the deprivation of juveniles, so as to provide certain requirements when placing children with the Division of Family and Children Services; to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to provide new definitions; 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 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change certain provisions relating to hearings in juvenile court; to change provisions relating to disposition of a deprived child; to provide for certain requirements when changing placement of children who are in the custody of the Division of Family and Children Services; to provide for procedure; to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to provide new definitions and a cross-reverence; 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 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by revising subsection (c) of Code Section 15-11-21, relating to associate juvenile court judges, appointment and compensation, qualifications, conduce of hearings, and rehearing, as follows:
"(c) The judge may direct that hearings in In any case or class of cases involving alleged delinquent, unruly, or deprived children, the judge shall determine whether such case shall be conducted in the first instance by the judge or by the associate juvenile court judge in the manner provided by this article. If a party so requests, the hearing shall be conducted by the judge except for detention hearings or probable cause hearings, which shall be conducted by the associate juvenile court judge if directed to do so by the judge."
SECTION 2. Said article is further amended by revising Code Section 15-11-55, relating to the disposition of a deprived child, as follows:
"15-11-55. (a) If the child is found to be a deprived child, the court may make any of the following orders of disposition best suited to the protection and physical, mental, and moral welfare of the child:

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547

(1) Permit the child to remain with his or her parents, guardian, or other custodian, including a putative father, subject to conditions and limitations as the court prescribes, including supervision as directed by the court for the protection of the child; (2) Subject to conditions and limitations as the court prescribes, transfer temporary legal custody to any of the persons or entities described in this paragraph. Without limiting the generality of the foregoing, such conditions and limitations shall include a provision that the court shall approve or direct the retransfer of the physical custody of the child back to the parents, guardian, or other custodian either upon the occurrence of specified circumstances or in the discretion of the court. Any such retransfer of physical custody may be made subject to such further conditions and limitations as the court prescribes, including supervision for the protection of the child. The persons or entities to whom or which temporary legal custody may be transferred shall include the following:
(A) Any individual including a putative father who, after study by the probation officer or other person or agency designated by the court, is found by the court to be qualified to receive and care for the child; (B) An agency or other private organization licensed or otherwise authorized by law to receive and provide care for the child; (C) Any public agency authorized by law to receive and provide care for the child; or (D) An individual in another state with or without supervision by an appropriate officer under Code Section 15-11-89. Except for dispositions pursuant to paragraph (1) of subsection (a) of Code Section 15-11-66 and Code Section 15-11-67, before transferring temporary legal custody in an order of disposition under this paragraph a reasonably diligent search for a parent or relative of the child or other persons who have demonstrated an ongoing commitment to the child shall be conducted by the court and the Department of Human Resources. Such search shall be completed within 90 days from the date on which the child was removed from the home, the results of such search documented in writing and filed with the court at the time of the first review. During such 90 day period, the child may be placed in the temporary legal custody of the Department of Human Resources or any other appropriate entity or person; or (3) Without making any of the orders specified in paragraphs (1) and (2) of this subsection, transfer custody of the child to the court of another state exercising jurisdiction over children if authorized by and in accordance with Code Section 1511-87 if the child is or is about to become a resident of that state. (b) Unless a child found to be deprived is found also to be delinquent, such child shall not be committed to or confined in an institution or other facility designed or operated for the benefit of delinquent children. (c) Notwithstanding any other provision of law, the court after transferring temporary legal custody of a child to the Division of Family and Children Services within the Department of Human Resources may at any time conduct sua sponte a judicial review

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of the current placement plan being provided to said child. After its review the court may order the division to comply with the current placement plan, order the division to devise a new placement plan within available division resources, or make any other order relative to placement or custody outside the Department of Human Resources as the court finds to be in the best interest of the child. Placement or a A change of legal custody by the court outside the Department of Human Resources shall relieve the department of further responsibility for the child so placed. (d) The policy of this state is that children in the custody of the Division of Family and Children Services should have stable placements. Not less than five days in advance of any placement change, the division shall notify the court, a child who is 14 years of age or older, the child's parents, guardian, or other custodian, and any attorney of record of such change in the location of the child's placement while the child is in the division's custody; provided, however, that if the child's health or welfare may be endangered by any delay in changing the child's placement, only the court shall be notified of such placement change within 24 hours of such change. A child who is 14 years of age or older, the child's parents, guardian, or other custodian, and any attorney of record may request a hearing with regard to the child's case plan and the permanency plan in order for the court to consider the change in the location of the child's placement and any changes to the case plan or permanency plan resulting from the child's change in placement location. Such hearing shall be held within five days of receiving notice of a change in the location of the child's placement. At the hearing to consider the child's case plan and permanency plan, the court shall consider the case plan and permanency plan recommendations made by the division, including a recommendation as to the location of the placement of the child, and shall make findings of fact upon which the court relied in determining to reject or accept the case plan or permanency plan and the recommendations made by the division, including the location of the child's placement. If the court rejects the recommendations of the division, the court shall demonstrate that the division's recommendations were considered and explain why it did not follow the recommendations. If the court rejects the division's case plan and permanency plan recommendations, including the change in the location of the placement of the child, the court may order the division to devise a new case plan and permanency plan recommendation, including a new recommendation as to the location of the child within the resources of the department, or make any other order relative to placement or custody outside the Department of Human Resources as the court finds to be in the best interest of the child and consistent with this subsection. A change of legal custody by the court outside the Department of Human Resources shall relieve the department of further responsibility for the child so placed. (d)(e) A juvenile court shall not be required to make an order of disposition pursuant to this Code section regarding a child who is discharged from a facility in which the child was hospitalized or habilitated pursuant to Chapter 3, 4, or 7 of Title 37 unless the child is to be discharged into the physical custody of any person who had such custody when the court made its most recent finding that such child was deprived.

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549

(e)(f) If a child is found to be a deprived child and the deprivation is found to have been the result of alcohol or other drug abuse by a parent or guardian, as specified in subsection (b) of Code Section 15-11-54, and the court orders transfer of temporary legal custody of the child, as provided in paragraph (2) of subsection (a) of this Code section, the court is authorized to further order that legal custody of the child may not be transferred back to the child's custodian or guardian whose abuse of alcohol or another drug resulted in the child's deprivation unless such person undergoes substance abuse treatment and random substance abuse screenings and those screenings remain negative for a period of no less than six consecutive months."

SECTION 3. Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, is amended by revising paragraph (12) of Code Section 49-53, relating to definitions, as follows:
"(12) 'Legal custody' means a legal status created by court order embodying the following rights and responsibilities:
(A) The right to have the physical possession of the child or youth; (B) The right and the duty to protect, train, and discipline him the child; (C) The responsibility to provide him the child with food, clothing, shelter, education, and ordinary medical care; and (D) The right to determine where and with whom he the child shall live, provided that these rights and responsibilities shall be exercised subject to the powers, rights, duties, and responsibilities of the guardian of the person of the child or youth and subject to any residual parental rights and responsibilities. These rights shall be subject to judicial oversight and review pursuant to Code Section 15-11-55."

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 E Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black

Y Dempsey Y Dickson Y Dollar E Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming

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

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell Y Morgan

Y Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield

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Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S
Day

Y Floyd, H Floyd, J Fludd
Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Marin

Y Morris Y Mosby Y Mumford Y Murphy
Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons E Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix
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.

The following Bill of the House, having previously been read, was again taken up for consideration:

HB 136. By Representatives Coan of the 101st, Shaw of the 176th, O`Neal of the 146th, Rogers of the 26th, Millar of the 79th and others:

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.

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551

The following Committee substitute was read and adopted:

A BILL

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.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 13-8-2 of the Official Code of Georgia Annotated, relating to contracts contravening public policy generally, is amended by revising subsection (b) as follows:
"(b) A covenant, promise, agreement, or understanding in or in connection with or collateral to a contract or agreement relative to the construction, alteration, repair, or maintenance of a building structure, appurtenances, and appliances, including moving, demolition, and excavating connected therewith, purporting to indemnify or hold harmless the promisee against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the promisee, his or her agents or employees, or indemnitee, or any contract of insurance issued to the promisor which purports to provide for such indemnification or holding harmless of the promisee, is against public policy and is void and unenforceable, provided that this subsection shall not affect the validity of any insurance contract, workers compensation, or agreement issued by an admitted insurer."

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 E Abrams
Amerson Y Ashe Y Barnard

Y Dempsey Y Dickson
Dollar E Drenner Y Dukes

Y Holt Y Horne Y Houston Y Howard Y Hudson

Y Martin Y Maxwell Y May Y McCall Y McKillip

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon

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Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S
Day

Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H
Floyd, J Fludd Forster N Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Hugley Y Jackson Y Jacobs Y James N Jamieson Y Jenkins N Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord
Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y Meadows Millar
Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons E Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the passage of the Bill, by substitute, the ayes were 156, nays 4.

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

The following Resolutions of the House were read and adopted:

HR 324. By Representatives Rynders of the 152nd, Loudermilk of the 14th, Ehrhart of the 36th, Graves of the 12th, Lunsford of the 110th and others:

A RESOLUTION congratulating the staff and members of Sherwood Baptist Church in Albany, Georgia, on the overwhelming success of the film "Facing the Giants"; and for other purposes.
HR 325. By Representative Ehrhart of the 36th:
A RESOLUTION recognizing and commending Georgia Chemistry; and for other purposes.

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553

HR 326. By Representative Jerguson of the 22nd:
A RESOLUTION recognizing and commending Max Pinion; and for other purposes.
HR 327. By Representatives Everson of the 106th and Mumford of the 95th:
A RESOLUTION recognizing and commending Pastor Tony Brock; and for other purposes.
HR 328. By Representative Coan of the 101st:
A RESOLUTION commending Margaret Cheeley; and for other purposes.
HR 329. By Representative Coan of the 101st:
A RESOLUTION commending Kyle Maynard; and for other purposes.
HR 330. By Representative James of the 135th:
A RESOLUTION expressing congratulations and best wishes to Mrs. Mary Murray on the occasion of her 85th birthday; and for other purposes.
HR 331. By Representatives Benton of the 31st and McCall of the 30th:
A RESOLUTION commending Lauren Stone; and for other purposes.
HR 332. By Representatives Benton of the 31st and McCall of the 30th:
A RESOLUTION recognizing and commending Pamela Bray Adams; and for other purposes.
HR 333. By Representatives Ehrhart of the 36th, Butler of the 18th, Sheldon of the 105th, Buckner of the 130th, Porter of the 143rd and others:
A RESOLUTION commending public health nurses of Georgia; and for other purposes.
HR 334. By Representatives Glanton of the 76th, Abdul-Salaam of the 74th, Johnson of the 75th, Starr of the 78th and Jordan of the 77th:
A RESOLUTION expressing regret at the passing of David Scott; and for other purposes.

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HR 335. By Representatives Benton of the 31st and McCall of the 30th:
A RESOLUTION recognizing and commending Tracey Hardy Newcomer; and for other purposes.
HR 336. By Representatives Benton of the 31st and McCall of the 30th:
A RESOLUTION recognizing and commending Anna Marie Dillard; and for other purposes.
HR 337. By Representatives Benton of the 31st and McCall of the 30th:
A RESOLUTION recognizing and commending Christina Healan; and for other purposes.
HR 338. By Representatives Mills of the 25th, Rogers of the 26th, McCall of the 30th and Collins of the 27th:
A RESOLUTION expressing regret at the passing of Dean Cleveland Jones; and for other purposes.
HR 339. By Representatives Mills of the 25th, Rogers of the 26th and Amerson of the 9th:
A RESOLUTION recognizing and commending Mrs. Juanita K. Adams; and for other purposes.
HR 340. By Representatives Benton of the 31st and McCall of the 30th:
A RESOLUTION commending Lieutenant Colonel Michael J. Hinkle; and for other purposes.
HR 341. By Representatives Benton of the 31st and McCall of the 30th:
A RESOLUTION commending Gwendolyn Faulkner-Holley; and for other purposes.
HR 342. By Representatives Wilkinson of the 52nd, Lindsey of the 54th, Keen of the 179th, Ehrhart of the 36th, Willard of the 49th and others:
A RESOLUTION recognizing and commending Mr. Dave Kaplan; and for other purposes.

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555

HR 343. By Representatives Benton of the 31st and McCall of the 30th:
A RESOLUTION recognizing and commending Ray Baker, Jefferson High School's STAR Student for 2006-2007; and for other purposes.
HR 344. By Representative Royal of the 171st:
A RESOLUTION recognizing educator Vicki A. Davis and congratulating the Flat Classroom Project on receiving the 2006 Edublog Award for the Best Wiki in education; and for other purposes.
HR 345. By Representatives Oliver of the 83rd and Jacobs of the 80th:
A RESOLUTION recognizing the Kittredge Magnet School for High Achievers; and for other purposes.
Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Wednesday, February 21, 2007

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 Abrams Amerson
E Ashe Barnard Bearden
E Beasley-Teague Benton Bridges Brooks Bruce Bryant Buckner Burkhalter Burns Byrd Carter, A Carter, B Casas Chambers Channell Cheokas Coleman Collins Cooper Cox Crawford, R Davis, H

Davis, S Dempsey Dickson Drenner Ehrhart England Everson Fleming E Floyd, H Floyd, J Forster Franklin Frazier Gardner Glanton Graves Greene Hamilton Hanner Harbin Hatfield Heard, J Heard, K E Henson Hill, C Holt Houston Howard

Hugley Jackson E Jacobs James Jamieson Jenkins Jerguson Johnson, T Jones, J Jones, S Kaiser Keen Keown Knight Knox Lakly Lane, B Lane, R Levitas Lewis Lindsey Lord Loudermilk Lunsford Maddox Manning Marin

May McKillip Meadows Mills Mitchell Morris Mosby Mumford Murphy Neal Nix O'Neal Parham Parrish Parsons Peake Porter Pruett Ralston Randall Reece Reese Roberts Rogers Royal Rynders Sailor

Scott, A Scott, M Sellier Shaw Sheldon Sims, C Sims, F Smith, B Smith, R Smith, T Smith, V E Smyre Stanley-Turner Stephens Talton Teilhet Thomas, B Tumlin Walker Watson Willard Williams, A Williams, E Williams, M Williams, R E 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, Butler of the 18th, Coan of the 101st, Cole of the 125th, Crawford of the 127th, Day of the 163rd, Dollar of the 45th, Epps of the 128th, Fludd of the 66th, Freeman of the 140th, Geisinger of the 48th, Golick of the 34th, Hembree of the 67th, Hill of the 180th, Horne of the 71st, Johnson of the 75th, Jordan of the 77th, Lucas of the 139th, Martin of the 47th, Maxwell of the 17th, McCall of the 30th, Millar of the 79th, Morgan of the 39th, Oliver of the 83rd, Powell of the 29th, Rice of the 51st, Setzler of the 35th, Shipp of the 58th, Sims of the 119th, Sinkfield of the 60th, Smith of the 70th, Starr of the 78th, Stephenson of the 92nd, Thomas of the 55th, Wilkinson of the 52nd, and Wix of the 33rd.

WEDNESDAY, FEBRUARY 21, 2007

557

They wish to be recorded as present.
Prayer was offered by Pastor Terry Walton, Gainesville First United Methodist Church, Gainesville, Georgia.
The members pledged allegiance to the flag.
Representative Lakly of the 72nd, 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 488. By Representative Knight of the 126th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Milner, approved April 25, 1969 (Ga. L. 1969, p. 3475), as amended, so as to change certain provisions relating to the election of mayor and councilmembers; to change the term of office for the mayor and councilmembers; to clarify the manner by which a quorum is defined; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 489. By Representative Knight of the 126th:
A BILL to be entitled an Act 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 repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 490. By Representative Porter of the 143rd:
A BILL to be entitled an Act to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to provide for a postretirement benefit increase for certain retired members; to provide for a recalculation of creditable service; to provide for an allocation of benefit increases; to provide that active members of such retirement system may obtain creditable service for prior service in public schools; to provide for conditions; to provide for the payment of employer and employee contributions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 491. By Representative Porter of the 143rd:
A BILL to be entitled an Act to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Teachers Retirement System of Georgia, so as to provide that members of such retirement system may obtain creditable service for prior service in public schools; to provide for conditions; to provide for the payment of employer and employee contributions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 492. By Representatives Keown of the 173rd, Chambers of the 81st, Parsons of the 42nd and Wilkinson of the 52nd:

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559

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 for legislative findings; to increase the membership of the Composite State Board of Medical Examiners; to provide for the qualifications of such members; to provide for initial and subsequent terms of office of the new members; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 493. By Representative Chambers of the 81st:
A BILL to be entitled an Act to provide for a homestead exemption from City of Doraville ad valorem taxes for municipal purposes for the full value of the homestead for residents of that city who are 70 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 494. By Representative Parsons of the 42nd:
A BILL to be entitled an Act to amend Chapter 10 of Title 43 of the O.C.G.A., relating to cosmetologists, so as to provide definitions of certain terms; to provide for certificates of registration for wax technicians at certain levels; to authorize the State Board of Cosmetology to adopt rules and regulations prescribing certain requirements for schools of waxing; to provide a process to obtain a wax technician certificate of registration; to allow a certificate of registration to be issued to wax technicians from other states under certain circumstances; to provide certain residency requirements for certain applicants; to change certain provisions relating to continuing education; to require that a certificate of completion must be given to attendees at continuing education courses; to require that certain courses be taught by certain schools; to provide requirements for teaching waxing; to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 495. By Representatives Byrd of the 20th, Powell of the 29th, Bearden of the 68th, Hill of the 21st, Everson of the 106th and others:

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A BILL to be entitled an Act to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to the organization of the executive branch generally, so as to establish the "Georgia Government Accountability Act"; to provide for a short title; to provide for legislative intent; to create the Legislative Sunset Advisory Committee; to authorize the committee to review and evaluate state agencies productivity, efficiency, and responsiveness; to provide for the automatic abolition of certain state agencies; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 496. By Representative Greene of the 149th:
A BILL to be entitled an Act to provide a new charter for the City of Arlington; 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 effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 497. By Representatives Sheldon of the 105th, Cox of the 102nd, Cooper of the 41st, Coan of the 101st, Roberts of the 154th and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to provide for prebirth surrender of rights for a biological father to a child being placed for adoption; to provide for the dissolution of surrender rights signed by the birth mother if the biological father legitimates the child and the adoption is not granted; to clarify the authority of a birth mother to sign either a voluntary acknowledgment of legitimation or of paternity following her execution of a surrender of parental rights in support of an adoption of the same child; 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 498. By Representatives Knox of the 24th, Meadows of the 5th and Maxwell of the 17th:

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561

A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the definition of commercial vehicle policy and fleet policy; to repeal Code Section 40-5-71 of the Official Code of Georgia Annotated, relating to notice of insurance issuance, renewal, or termination of drivers licenses, and incorporate the provisions thereof in Code Section 40-2-137; to change the term "commercial vehicle policy" to "commercially insured vehicle policy"; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 499. By Representatives Day of the 163rd, Carter of the 159th, Bryant of the 160th, Gordon of the 162nd and Stephens of the 164th:
A BILL to be entitled an Act to amend an Act providing for the compensation of certain officials in Chatham County, approved March 26, 1986 (Ga. L. 1986, p. 4797), as amended by an Act approved April 21, 1997 (Ga. L. 1997, p. 4446), so as to change the compensation of the judges of the recorder's court, judge of the probate court, judges of the juvenile court, judges of the state court, and judges of the magistrate court; to remove costof-living increases; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 500. By Representatives Geisinger of the 48th, Thomas of the 100th, Wilkinson of the 52nd, Millar of the 79th, Willard of the 49th and others:
A BILL to be entitled an Act 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 legislative findings and declarations relative to the Coastal Marshlands Protection Act of 1970; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 501. By Representative Jenkins of the 8th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Hiawassee 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

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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 an unremarried surviving spouse or the child, children, grandchild, or grandchildren of the deceased spouse; 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 Intragovernmental Coordination - Local.
HB 502. By Representative Jenkins of the 8th:
A BILL to be entitled an Act to provide for a homestead exemption from Towns 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 allow such exemption to continue to be received by an unremarried surviving spouse or the child, children, grandchild, or grandchildren of the deceased spouse; 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 Intragovernmental Coordination - Local.
HB 503. By Representative Harbin of the 118th:
A BILL to be entitled an Act to amend Chapter 12 of Title 12 of the Official Code of Georgia Annotated, relating to the "Georgia Asbestos Safety Act," so as to revise certain provisions concerning the definition of contractor; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 504. By Representatives Hill of the 21st, Knight of the 126th and Day of the 163rd:
A BILL to be entitled an Act 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

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563

capable of assuming full responsibility for operations of the particular individual, firm, association, company, partnership, limited liability company, or corporation; 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 Regulated Industries.
HB 505. By Representative Butler of the 18th:
A BILL to be entitled an Act to amend Article 7 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to licensure of adult day centers, so as to authorize the Department of Human Resources to charge fees relating to the licensure of adult day centers; 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 Human Relations & Aging.
HB 506. By Representatives Mitchell of the 88th, Stephenson of the 92nd, Jacobs of the 80th, Oliver of the 83rd, Levitas of the 82nd and others:
A BILL to be entitled an Act to amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, approved March 21, 1974 (Ga. L. 1974, p. 391), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4696), an Act approved April 15, 1992 (Ga. L. 1992, p. 6269), an Act approved March 27, 1995 (Ga. L. 1995, p. 3521), an Act approved April 2, 1998 (Ga. L. 1998, p. 4075), and an Act approved May 6, 2005 (Ga. L. 2005, p. 3782), so as to increase the amount of such supplement; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 507. By Representatives Porter of the 143rd, Parrish of the 156th, Morris of the 155th, Freeman of the 140th and Lord of the 142nd:
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 third judge of the superior courts of the Dublin 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 power

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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 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 circuit; 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 508. By Representatives Mumford of the 95th, Sailor of the 93rd, Mangham of the 94th and Stephenson of the 92nd:
A BILL to be entitled an Act to amend an Act creating the State Court of Rockdale County, approved April 2, 1987 (Ga. L. 1987, p. 5452), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4764), so as to change the provisions relating to the salary of the judge of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 509. By Representative Jenkins of the 8th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Young Harris 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 allow such exemption to continue to be received by an unremarried surviving spouse or the child, children, grandchild, or grandchildren of the deceased spouse; 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 Intragovernmental Coordination - Local.
HB 510. By Representatives Channell of the 116th and Parrish of the 156th:
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 change certain provisions relating to prohibitions against operation of

WEDNESDAY, FEBRUARY 21, 2007

565

certain vessels on Lake Oconee; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
HB 511. By Representatives Meadows of the 5th and Graves of the 12th:
A BILL to be entitled an Act to amend an Act providing for the office of commissioner of Gordon County, approved March 21, 1974 (Ga. L. 1974, p. 2522), as amended, particularly by an Act providing for a board of commissioners of Gordon County, approved March 13, 1975 (Ga. L. 1975, p. 2719), and an Act approved March 12, 1984 (Ga. L. 1984, p. 3897), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current board members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 512. By Representatives Crawford of the 127th, Rice of the 51st and McCall of the 30th:
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 motor vehicle drivers licenses, so as to authorize issuance of Class C drivers licenses to persons who are prohibited from driving commercial motor vehicles under certain circumstances; to provide for surrender of such Class C licenses prior to resuming driving commercial motor vehicles; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 513. By Representatives Day of the 163rd, Carter of the 159th, Bryant of the 160th, Gordon of the 162nd and Stephens of the 164th:
A BILL to be entitled an Act to amend an Act authorizing the governing authority of Chatham County to provide an additional supplement to the salaries of each of the judges of the superior courts of the Eastern Judicial Circuit, approved April 6, 1981 (Ga. L. 1981, p. 548), as amended by an Act approved April 14, 1997 (Ga. L. 1997, p. 4108), so as to provide an additional supplement to the salary of the chief judge of the Eastern Judicial

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Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 514. By Representatives Butler of the 18th, Channell of the 116th, Ehrhart of the 36th, Cooper of the 41st, Stephens of the 164th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general health provisions, so as to create a State Commission on Government Health Services Reform; to provide for legislative intent; to provide for composition of the commission and the commission's powers and duties; to provide for compensation of the members of the commission; to provide for officers of the commission; to provide for a quorum for the transaction of business; to provide for a final report; to provide for related matters; to provide for automatic repeal on a certain date; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 515. By Representatives Freeman of the 140th, Hill of the 180th, Knight of the 126th, Mitchell of the 88th, Jerguson of the 22nd and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the "Lottery for Education Act," so as to define certain terms; to provide that under certain conditions lottery winnings may be assigned; to provide for a court order; to provide for findings of fact; to provide for notice and acknowledgment; to provide for liens and bankruptcy; to provide for an exemption from liability; to provide for a fee; to provide for certain restrictions and limitations; 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 516. By Representatives Tumlin of the 38th and Shaw of the 176th:
A BILL to be entitled an Act to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide a definition of the term "flavored malt beverage"; to change certain provisions relating to the maintenance of records of alcoholic beverages manufactured, purchased, or sold; to change certain provisions relating to the filing of bonds

WEDNESDAY, FEBRUARY 21, 2007

567

with applications for renewal of licenses; to change certain provisions relating to tax payment and reporting by licensees; to provide a date by which taxes must be paid for distilled spirits by the package sold or disposed of by wholesale dealers; to declare certain distilled spirits to be contraband; 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 517. By Representatives Tumlin of the 38th, Shaw of the 176th, Freeman of the 140th, Jerguson of the 22nd and Williams of the 4th:
A BILL to be entitled an Act to amend Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to lottery for education, so as to permit the Georgia Lottery Corporation to obtain national criminal history background data on any applicant for employment and on any vendors and retailers; to provide for definitions; to provide for the establishment of a method of obtaining criminal history background checks; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 518. By Representative Rice of the 51st:
A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide for a definition of a commercial motor vehicle; to provide for expiration of license plates issued to manufacturers, distributors, and dealers; to provide for annual and staggered registration by dealers, manufacturers, and transporters; to provide for the suspension or revocation of commercial motor vehicles when not in compliance with federal safety regulations; to provide for fees; to change the time limit for registration applications from 90 to 30 days; to provide for cancellation of certificates of title for vehicles designated for scrap metal or to be dismantled or demolished; to provide for applicability; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 519. By Representatives Geisinger of the 48th, Lindsey of the 54th, Fleming of the 117th, Powell of the 29th, Chambers of the 81st and others:

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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 for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 520. By Representative Heard of the 104th:
A BILL to be entitled an Act to authorize the City of Lawrenceville 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 Intragovernmental Coordination - Local.
HB 521. By Representatives Harbin of the 118th and Mumford of the 95th:
A BILL to be entitled an Act to amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Employees Retirement System of Georgia, so as to provide that a member of such retirement system may obtain creditable service for prior service as an active member of the Georgia Judicial Retirement System or a predecessor retirement system; to provide for notice and the transfer or payment of funds; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 522. By Representatives Roberts of the 154th, Ehrhart of the 36th and McCall of the 30th:
A BILL to be entitled an Act to amend Title 46 of the O.C.G.A., relating to public utilities and public transportation, so as to provide for discovery in cases involving an application of a gas company to establish a capacity supply plan; to define certain terms; to provide certain requirements for interstate capacity assets which are not retained; to change the Public Service Commission's review of the assignment of interstate capacity assets from

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569

annual to periodic; to provide that a marketer may opt out of a capacity supply plan under certain circumstances; to provide requirements for assignments of interstate assets; to provide that orders concerning utilization or monetization of excess interstate capacity assets must provide for fair allocation of the costs; to provide that an electing distribution company must obtain the approval of the commission, after a public hearing, of procedures relating to how it will comply with the required standards; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Agriculture & Consumer Affairs.

HR 321. By Representative Royal of the 171st:

A RESOLUTION dedicating the Edward Sidney "Dick" Chambers Memorial Highway; and for other purposes.

Referred to the Committee on Transportation.

HR 322. By Representatives Harbin of the 118th, Smith of the 113th and Burkhalter of the 50th:

A RESOLUTION creating the Joint Study Committee on Continuing Education and Collegiate Sports Programs for Students with Disabilities; and for other purposes.

Referred to the Committee on Higher Education.

HR 323. By Representatives Byrd of the 20th, England of the 108th, Lunsford of the 110th, Rogers of the 26th and Forster of the 3rd:

A RESOLUTION creating the Georgia Bioeconomic Development Commission; and for other purposes.

Referred to the Committee on Science and Technology.

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

HB 470 HB 471 HB 472 HB 473 HB 474

HB 480 HB 481 HB 482 HB 483 HB 484

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HB 475 HB 476 HB 477 HB 478 HB 479

HB 485 HB 486 HB 487 HR 278

Representative Royal of the 171st District, Chairman of the Committee on Budget and Fiscal Affairs Oversight, submitted the following report:

Mr. Speaker:

Your Committee on Budget and Fiscal Affairs Oversight 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 368 Do Pass

Respectfully submitted, /s/ Royal of the 171st
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 408 Do Pass, by Substitute

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 Intragovernmental Coordination - 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:

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571

HB 465 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:

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 139 HB 221 HB 319

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

Respectfully submitted, /s/ Willard of the 49th
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 144 Do Pass, by Substitute HB 224 Do Pass, by Substitute

HB 330 Do Pass HB 393 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:

HR 247 Do Pass

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Representative Smith of the 168th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning and Community Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:

HB 317 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 78 Do Pass, by Substitute HB 128 Do Pass

HB 162 Do Pass, by Substitute HB 357 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 WEDNESDAY, FEBRUARY 21, 2007

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 23rd Legislative Day as enumerated below:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

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573

HR 146 Bohler, Dr. Charles Emory; designate portions of SR 26 (Trans-158th)

HR 147 Erk Russell Highway; designate portions of SR 26 (Trans-158th)

DEBATE CALENDAR

Open Rule

HB 155

Human Resources, Department of; personal care home owners; criminal history; permit (Substitute)(Judy-49th)

HB 192

Transportation, Department of; contracts; provisions (Substitute)(Trans129th)

HB 233

Long-term Care Facility Resident Abuse Reporting Act; change definition (JudyNC-7th)

HB 318

Public Retirement Systems Investment Authority Law; change certain provisions (Substitute)(Ret-31st)

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 taken up for consideration and read the third time:

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HB 465. By Representatives Lindsey of the 54th, Holmes of the 61st, Kaiser of the 59th, Bruce of the 64th, Ashe of the 56th and others:

A BILL to be entitled an Act to amend an Act creating one or more community improvement districts in the City of Atlanta, Georgia, approved April 4, 1991 (Ga. L. 1991, p. 3653), as amended by an Act approved April 16, 1999 (Ga. L. 1999, p. 4439), and amended by an Act approved April 28, 2000 (Ga. L. 2000, p. 4564), so as to change a provision relating to the appointment of one member of the district board; to add a provision relating to the election of an additional member of the district board upon annexation; 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.

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

Y Abdul-Salaam Y Abrams Y Amerson E Ashe Y Barnard Y Bearden E Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan
Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M

Y Dempsey Y Dickson Y Dollar
Drenner Y Dukes
Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton
Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson E Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford

Y Martin Y Maxwell Y May
McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece
Reese Y Rice Y Roberts Y Rogers

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

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575

Y Crawford, R Y Davis, H Y Davis, S
Day

E Henson Y Hill, C Y Hill, C.A Y Holmes

Y Maddox Mangham
Y Manning Y Marin

Y Royal Y Rynders Y Sailor
Scott, A

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.

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 79. By Senators Hamrick of the 30th, Smith of the 52nd, Cowsert of the 46th and Carter of the 13th:

A BILL to be entitled an Act to amend Chapter 4 of Title 16 of the Official Code of Georgia Annotated, relating to criminal attempt, conspiracy, and solicitation, so as to increase the maximum punishment for convictions for criminal attempt to commit felonies punishable by death or life imprisonment; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

SB 81. By Senators Pearson of the 51st, Wiles of the 37th, Thomas of the 54th, Hawkins of the 49th, Schaefer of the 50th 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 and special license plates, so as to provide a special license plate commemorating 100 years of scouting; to provide that a portion of the funds generated by the sale of such special license plate be disbursed to the Boy Scouts of America; to repeal conflicting laws; and for other purposes.

SB 92. By Senators Pearson of the 51st, Mullis of the 53rd, Balfour of the 9th, Seabaugh of the 28th and Rogers of the 21st:

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A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to provide for collection of certain data; to provide for powers, duties, and authority of the state revenue commissioner, the Department of Revenue, and the Department of Community Affairs with respect to the foregoing; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 97. By Senators Hamrick of the 30th and Seabaugh of the 28th:
A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to conduct of criminal trial proceedings, so as to require parties to raise specific objections to jury charges prior to the jury retiring to deliberate; to provide that failure to raise objections shall preclude appellate review except under limited circumstances; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
SB 126. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to create the Decatur County School Building Authority and to authorize such authority to provide, acquire, construct, equip, maintain, and operate public service facilities, to acquire the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real and personal property; to confer powers and to impose duties on the authority; to provide for the membership and for the appointment of members of the authority and their term of tenure and compensation; to provide that bonds or obligations be validated as authorized by Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, the "Revenue Bond Law"; to provide for construction; to repeal conflicting laws; and for other purposes.
HB 190. By Representative Royal of the 171st:
A BILL to be entitled an Act to amend an Act creating the State Court of Mitchell County (formerly the City Court of Camilla), approved August 17, 1905 (Ga. L. 1905, p. 184), as amended, so as to provide that the judge shall be a full-time judge for said court; to provide for qualifications of the judge; to change the provisions relating to the compensation of the judge; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the House:

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HR 257. By Representatives Teilhet of the 40th, Richardson of the 19th, Manning of the 32nd, Cooper of the 41st, Tumlin of the 38th and others:

A RESOLUTION remembering and honoring the life of Dr. Robert Alan Lipson; and for other purposes.

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

SB 79.

By Senators Hamrick of the 30th, Smith of the 52nd, Cowsert of the 46th and Carter of the 13th:

A BILL to be entitled an Act to amend Chapter 4 of Title 16 of the Official Code of Georgia Annotated, relating to criminal attempt, conspiracy, and solicitation, so as to increase the maximum punishment for convictions for criminal attempt to commit felonies punishable by death or life imprisonment; 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 81.

By Senators Pearson of the 51st, Wiles of the 37th, Thomas of the 54th, Hawkins of the 49th, Schaefer of the 50th 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 and special license plates, so as to provide a special license plate commemorating 100 years of scouting; to provide that a portion of the funds generated by the sale of such special license plate be disbursed to the Boy Scouts of America; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Motor Vehicles.

SB 92.

By Senators Pearson of the 51st, Mullis of the 53rd, Balfour of the 9th, Seabaugh of the 28th and Rogers of the 21st:

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 provide for collection of certain data; to provide for powers, duties, and authority of the state revenue commissioner, the Department of Revenue, and the Department of Community Affairs with respect to the foregoing; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Ways & Means.
SB 97. By Senators Hamrick of the 30th and Seabaugh of the 28th:
A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to conduct of criminal trial proceedings, so as to require parties to raise specific objections to jury charges prior to the jury retiring to deliberate; to provide that failure to raise objections shall preclude appellate review except under limited circumstances; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 126. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to create the Decatur County School Building Authority and to authorize such authority to provide, acquire, construct, equip, maintain, and operate public service facilities, to acquire the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real and personal property; to confer powers and to impose duties on the authority; to provide for the membership and for the appointment of members of the authority and their term of tenure and compensation; to provide that bonds or obligations be validated as authorized by Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, the "Revenue Bond Law"; to provide for construction; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
The following members were recognized during the period of Morning Orders and addressed the House:
Smith of the 70th, Gardner of the 57th, Randall of the 138th, Beasley-Teague of the 65th, Millar of the 79th, Carter of the 159th, Lane of the 158th, and Hatfield of the 177th.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 346. By Representatives Byrd of the 20th, Hamilton of the 23rd, Jerguson of the 22nd and Hill of the 21st:

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A RESOLUTION commending the World of Cheer and inviting them to appear before the House of Representatives; and for other purposes.
HR 347. By Representatives Harbin of the 118th, Fleming of the 117th and Sims of the 119th:
A RESOLUTION commending the Greenbrier High School baseball team on winning the 2006 Class AAAA State Baseball Championship and inviting them to appear before the House of Representatives; and for other purposes.
HR 348. By Representatives Jones of the 46th, Geisinger of the 48th, Willard of the 49th, Martin of the 47th and Burkhalter of the 50th:
A RESOLUTION commending the Roswell High School Hornets football team 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 247. By Representatives Cooper of the 41st, Wilkinson of the 52nd, Lunsford of the 110th, Lindsey of the 54th and Peake of the 137th:
A RESOLUTION honoring Ferrol A. Sams, Jr., M.D., on the occasion of his retirement 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 were taken up for consideration and read the third time:
HR 146. By Representatives Lane of the 158th, Burns of the 157th, Parrish of the 156th, Carter of the 159th, Stephens of the 164th and others:
A RESOLUTION designating portions of State Route 26 (U.S. 80) in Bulloch County in honor of the memory of Dr. Charles Emory Bohler; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
HR 147. By Representatives Lane of the 158th, Burns of the 157th, Parrish of the 156th, Smith of the 113th, Carter of the 159th and others:

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A RESOLUTION honoring the memory of Coach Erskine "Erk" Russell, expressing regret at his passing, and designating portions of State Route 26 (U.S. 80) in Bulloch County as the Erk Russell Highway; 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.

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

Y Abdul-Salaam Y Abrams Y Amerson E Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan
Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S
Day

Y Dempsey Y Dickson
Dollar Y Drenner Y Dukes Y Ehrhart Y England
Epps Y Everson Y Fleming E Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Y Hudson Y Hugley Y Jackson E Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T
Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas 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 Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy
Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston
Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

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On the adoption of the Resolutions, the ayes were 158, nays 0.

The Resolutions, having received the requisite constitutional majority, were adopted.

HB 233. By Representatives Ralston of the 7th, Mumford of the 95th, Bearden of the 68th and Oliver of the 83rd:

A BILL to be entitled an Act to amend Chapter 5 of Title 30 and Code Section 31-8-81 of the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons and definitions for the "Longterm Care Facility Resident Abuse Reporting Act," respectively, so as to revise the definition of the term "exploitation"; to change provisions relating to criminal penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam Y Abrams Y Amerson E Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson E Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey
Lord Y Loudermilk

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice

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

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Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S
Day

Y Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holmes

Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Williams, E Y Williams, M 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 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 192. By Representatives Smith of the 129th, Everson of the 106th, Rogers of the 26th and Loudermilk of the 14th:

A BILL to be entitled an Act to amend Code Section 32-2-61 of the O.C.G.A.,, relating to limitations on the Department of Transportation's power to contract, so as to provide for an increase in the amount for which the department may execute a negotiated contract; to amend Code Section 32-2-70 of the O.C.G.A., relating to bonds to be posted by successful bidders on department contracts, so as to increase the amount of the contract that requires such bonds; to amend Code Section 32-4-63 of the O.C.G.A., relating to limitations on a county's power to contract, so as to provide for an increase in the amount for which a county may execute a negotiated contract; to amend Code Section 32-4-67 of the O.C.G.A., relating to the proposal guaranty by the bidder on a county contract, so as to exempt contracts for engineering or other professional services from the guaranty; 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 32-2-61 of the Official Code of Georgia Annotated, relating to limitations on the Department of Transportation's power to contract, so as to provide for an increase in the amount for which the department may execute a negotiated contract; to amend Code Section 32-2-70 of the Official Code of Georgia Annotated, relating to bonds to be posted by successful bidders on department contracts, so as to increase the amount of the contract that requires such bonds; to amend Code Section 32-4-67 of the

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Official Code of Georgia Annotated, relating to the proposal guaranty by the bidder on a county contract, so as to exempt contracts for engineering or other professional services from the guaranty; to amend Code Section 32-4-69 of the Official Code of Georgia Annotated, relating to bonds of successful bidders on county contracts, so as to exempt professional services contracts; to amend Code Section 32-4-119 of the Official Code of Georgia Annotated, relating to bonds of successful bidders on municipal contracts, so as to exempt professional services contracts; 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 32-2-61 of the Official Code of Georgia Annotated, relating to limitations on the Department of Transportation's power to contract, is amended by revising paragraph (1) of paragraph (d) as follows:
"(d)(1) The department is prohibited from negotiating any contract for the construction or maintenance of a public road involving the expenditure of $50,000.00 $100,000.00 or more except any contract:
(A) With counties, municipalities, and state agencies, provided that such negotiated contract shall be made at the average bid price of the same kind of work let to contract after advertisement during a period of 60 days prior to the making of the contract; (B) With a railroad company or utility concerning relocation of its tracks or facilities where the same are not then located on a public road and such relocation is necessary as an incident to the construction or improvement of a public road. However, nothing contained in this subsection shall be construed as requiring the department to furnish a site or right of way for railroad or railway lines or tracks or utility facilities required to be removed from a public road. Furthermore, this subsection shall not prevent the department from assisting in the removal and relocation of publicly owned utilities from locations on public roads as provided in Code Section 32-6-170; (C) For emergency construction or maintenance involving the expenditure of $50,000.00 $100,000.00 or more when the public interest requires that the work be done without the delay of advertising for public bids; (D) For the procurement of business, professional, or other services from any person, firm, or corporation as an independent contractor; (E) With the State Road and Tollway Authority; or (F) Through the provisions of a design-build contract as provided for in Code Section 32-2-81."
SECTION 2. Code Section 32-2-70 of the Official Code of Georgia Annotated, relating to bonds to be posted by successful bidders on department contracts, is revised as follows:

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"32-2-70. Where the contract price exceeds $50,000.00 $100,000.00, no department construction contract shall be valid unless the contractor first gives:
(1) The performance and payment bonds in accordance with Chapter 10 of Title 13; and (2) Such other bonds or insurance policies required by the department in its proposal forms, including but not limited to public liability and property damage insurance bonds or policies."
SECTION 3. Code Section 32-4-67 of the Official Code of Georgia Annotated, relating to the proposal guaranty by the bidder on a county contract, is amended by revising subsection (a) as follows:
"(a) No bid, other than a bid solely for engineering or other kinds of professional services, will be considered by a county unless it is accompanied by a proposal guaranty in the form of a certified check or other acceptable security payable to the county for an amount deemed by the county in the public interest necessary to ensure that the successful bidder will execute the contract on which he bid."
SECTION 4. Code Section 32-4-69 of the Official Code of Georgia Annotated, relating to bonds of successful bidders on county contracts, is amended by revising the introductory language as follows:
"Notwithstanding any provision of Chapter 91 of Title 36 to the contrary, when the price of a contract let to bid, other than a contract solely for engineering or other kinds of professional services, is $5,000.00 or more, no contract of a county shall be valid unless the contractor first gives:"
SECTION 5. Code Section 32-4-119 of the Official Code of Georgia Annotated, relating to bonds of successful bidders on municipal contracts, is amended by revising the introductory language as follows:
"Notwithstanding any provision of Chapter 91 of Title 36 to the contrary, where the contract price is $5,000.00 or more, no construction contract of a municipality, other than a contract solely for engineering or other professional services, shall be valid unless the contractor first gives:"
SECTION 6. This Act shall become effective on July 1, 2007.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

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585

The report of the Committee, which was favorable to the passage of the Bill, 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 Abrams Y Amerson E Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton
Hanner Y Harbin Y Hatfield
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 Y Hudson Y Hugley Y Jackson E Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon
Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet
Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M 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 Heard of the 104th 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.

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HB 155. By Representative Willard of the 49th:
A BILL to be entitled an Act to amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to permit the department to obtain criminal history background data on owners of personal care homes, private home care providers, and child welfare agencies; to provide for definitions; to provide for the establishment of a uniform method of obtaining criminal history background checks; to prohibit owners with certain criminal records from operating licensed facilities; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL
To amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to permit the department to obtain criminal background information on owners of personal care homes, private home care providers, community living arrangements, and child welfare agencies; to provide for definitions; to provide for the establishment of a method of obtaining criminal history background checks; to prohibit certain owners with certain criminal records from operating licensed facilities; to provide for administrative remedies; to provide for confidentiality of certain information; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, is amended by adding a new Code section to read as follows:
"49-2-14.1. (a) As used in this Code section, the term:
(1) 'Conviction' means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought. (2) 'Crime' means commission of the following offenses:
(A) A violation of Code Section 16-5-1, relating to murder and felony murder; (B) A violation of Code Section 16-5-21, relating to aggravated assault; (C) A violation of Code Section 16-5-24, relating to aggravated battery; (D) A violation of Code Section 16-5-70, relating to cruelty to children; (E) A violation of Code Section 16-5-100, relating to cruelty to a person 65 years of age or older;

WEDNESDAY, FEBRUARY 21, 2007

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(F) A violation of Code Section 16-6-1, relating to rape; (G) A violation of Code Section 16-6-2, relating to aggravated sodomy; (H) A violation of Code Section 16-6-4, relating to child molestation; (I) A violation of Code Section 16-6-5, relating to enticing a child for indecent purposes; (J) A violation of Code Section 16-6-5.1, relating to sexual assault against persons in custody, detained persons, or patients in hospitals or other institutions; (K) A violation of Code Section 16-6-22.2, relating to aggravated sexual battery; (L) A violation of Code Section 16-8-41, relating to armed robbery; (M) A violation of Code Section 30-5-8, relating to abuse, neglect, or exploitation of a disabled adult or elder person; or (N) Any other offense committed in another jurisdiction that, if committed in this state, would be deemed to be a crime listed in this paragraph without regard to its designation elsewhere. (3) 'Criminal record' means any of the following: (A) Conviction of a crime; (B) Arrest, charge, and sentencing for a crime where:
(i) A plea of nolo contendere was entered to the charge; (ii) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (iii) Adjudication or sentence was otherwise withheld or not entered on the charge; or (C) Arrest and being charged for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17. (4) 'Facility' means a: (A) Personal care home required to be licensed or permitted under Code Section 31-7-12; (B) Private home care provider required to be licensed under Article 13 of Chapter 7 of Title 31; (C) Community living arrangement subject to licensure under paragraph (16) of subsection (b) and subsection (c) of Code Section 37-1-20; or (D) Child welfare agency, including a child-caring institution, child-placing agency, and maternity home required to be licensed under Code Section 49-5-12. (5) 'GCIC' means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35. (6) 'GCIC information' means criminal history record information as defined in Code Section 35-3-30. (7) 'License' means the document issued by the department to authorize the facility to operate. (8) 'Owner' means any individual or any person affiliated with a corporation, partnership, or association with 10 percent or greater ownership interest in a facility providing care to persons under the license of the facility in this state and who: (A) Purports to or exercises authority of the owner in a facility;

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(B) Applies to operate or operates a facility; (C) Maintains an office on the premises of a facility; (D) Resides at a facility; (E) Has direct access to persons receiving care at a facility; (F) Provides direct personal supervision of facility personnel by being immediately available to provide assistance and direction during the time such facility services are being provided; or (G) Enters into a contract to acquire ownership of a facility. (9) 'Records check application' means two sets of classifiable fingerprints and a records search fee to be established by the department by rule and regulation, payable in such form as the department may direct to cover the cost of obtaining criminal background information pursuant this Code section. (b) An owner with a criminal record shall not operate or hold a license to operate a facility. The department shall revoke the license of any owner operating a facility or refuse to issue a license to any owner operating a facility if it determines that such owner has a criminal record. (c)(1) Prior to approving any license for a new facility and periodically as established by the department by rule and regulation, the department shall require an owner to submit a records check application. The department shall establish a uniform method of obtaining an owner's records check application. (2)(A) Unless the department contracts pursuant to subparagraph (B) of this paragraph, the department shall transmit to the GCIC both sets of fingerprints and the records search fee from each fingerprint records check application. Upon receipt thereof, the GCIC shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its records and records to which it has access. Within ten days after receiving fingerprints acceptable to the GCIC and the fee, the GCIC shall notify the department in writing of any criminal record or if there is no such finding. After a search of Federal Bureau of Investigation records and fingerprints and upon receipt of the bureau's report, the department shall make a determination about an owner's criminal record and shall notify the owner in writing as to the department's determination as to whether the owner has or does not have a criminal record. (B) The department may either perform criminal background checks under agreement with the GCIC or contract with the GCIC and appropriate law enforcement agencies which have access to GCIC and Federal Bureau of Investigation information to have those agencies perform for the department criminal background checks for owners. The department or the appropriate law enforcement agencies may charge reasonable fees for performing criminal background checks. (3) The department's determination regarding an owner's criminal record, or any action by the department revoking or refusing to grant a license based on such determination, shall constitute a contested case for purposes of Chapter 13 of Title 50,

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589

the 'Georgia Administrative Procedure Act,' except that any hearing required to be held pursuant thereto may be held reasonably expeditiously after such determination or action by the department. In a hearing, the hearing officer shall consider in mitigation the length of time since the crime was committed, the absence of additional criminal charges, the circumstances surrounding the commission of the crime, other indicia of rehabilitation, the facility's history of compliance with the regulations, and the owner's involvement with the licensed facility in arriving at a decision as to whether the criminal record requires the denial or revocation of the license to operate the facility. Where a hearing is required, at least 30 days prior to such hearing, the hearing officer shall notify the office of the prosecuting attorney who initiated the prosecution of the crime in question in order to allow the prosecutor to object to a possible determination that the conviction would not be a bar for the grant or continuation of a license as contemplated within this Code section. If objections are made, the hearing officer shall take such objections into consideration in considering the case. (4) Neither the GCIC, the department, any law enforcement agency, nor the employees of any such entities shall be responsible for the accuracy of information nor have any liability for defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of information or determination based thereon pursuant to this Code section. (d) All information received from the Federal Bureau of Investigation or the GCIC shall be for the exclusive purpose of approving or denying the granting of a license to a new facility or the revision of a license of an existing facility when a new owner is proposed and shall not be released or otherwise disclosed to any other person or agency except to any person or agency with a legal right to inspect the facility. All such information collected by the department shall be maintained by the department pursuant to laws regarding and the rules or regulations of the Federal Bureau of Investigation and the GCIC, as is applicable. Penalties for the unauthorized release or disclosure of any such information shall be as prescribed pursuant to laws regarding and rules or regulations of the Federal Bureau of Investigation and the GCIC, as is applicable. (e) The requirements of this Code section are supplemental to any requirements for a license imposed by Article 3 of Chapter 5 of this title or Article 11 of Chapter 7 of Title 31. (f) The department shall promulgate written rules and regulations to implement the provisions of this Code section."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representative Casas of the 103rd moves to amend the Committee substitute to HB 155 as follows:

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P.3, strike line 25 P.3, line 26 amend as follows:

At the beginning of sentence add "(2)" before "the department" and capitalize "t" in "the."

P.4, strike lines 1-6

P.4, line 24 strike ", the department"

P.4, line 27 strike "dissemination of information or".

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

N Abdul-Salaam Y Abrams N Amerson E Ashe Y Barnard Y Bearden Y Beasley-Teague N Benfield Y Benton Y Black Y Bridges N Brooks N Bruce N Bryant N Buckner N Burkhalter N Burns N Butler Y Byrd Y Carter, A N Carter, B Y Casas Y Chambers N Channell N Cheokas N Coan N Cole Y Coleman N Collins N Cooper N Cox
Crawford, M N Crawford, R Y Davis, H Y Davis, S N Day

N Dempsey Dickson
N Dollar Y Drenner N Dukes Y Ehrhart Y England N Epps N Everson N Fleming E Floyd, H N Floyd, J N Fludd N Forster Y Franklin N Frazier N Freeman N Gardner N Geisinger N Glanton E Golick N Gordon Y Graves N Greene N Hamilton Y Hanner N Harbin N Hatfield Y Heard, J N Heard, K N Heckstall N Hembree E Henson Y Hill, C N Hill, C.A N Holmes

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

N Martin N Maxwell N May N McCall N McKillip Y Meadows N Millar Y Mills N Mitchell N Morgan Y Morris N Mosby N Mumford N Murphy Y Neal N Nix N Oliver N O'Neal N Parham N Parrish Y Parsons N Peake N Porter N Powell N Pruett N Ralston N Randall N Reece N Reese Y Rice N Roberts N Rogers N Royal Y Rynders Y Sailor N Scott, A

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

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On the adoption of the amendment, the ayes were 48, nays 121.

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 Abrams Y Amerson E Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield
Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler N Byrd Y Carter, A Y Carter, B N Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H N Davis, S Y Day

Y Dempsey Dickson
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 N Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Y Hudson Y Hugley Y Jackson E Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas 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 Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the passage of the Bill, by substitute, the ayes were 161, nays 8.

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The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 318. By Representatives Benton of the 31st, Coleman of the 97th, Bridges of the 10th, Meadows of the 5th and Maxwell of the 17th:
A BILL to be entitled an Act to amend Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Investment Authority Law," so as to provide that certain foreign corporations shall be deemed to be United States corporations for purposes of investment by public retirement systems; to allow the investment of public retirement system assets in certain real estate trusts; to increase the percentage of the assets of certain public retirement systems that may be invested in foreign corporations; to provide that certain public retirement systems may enter into certain contracts, agreements, and other obligations; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
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 provide that certain foreign corporations shall be deemed to be United States corporations for purposes of investment by public retirement systems; to allow the investment of public retirement system assets in certain real estate trusts; to increase the percentage of the assets of certain public retirement systems that may be invested in foreign corporations; to provide that certain public retirement systems may enter into certain contracts, agreements, and other obligations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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 revising paragraph (1) of subsection (a) of Code Section 47-20-83, relating to certificated or uncertificated forms of investment and real estate investments, as follows:
"(1) Corporations or obligations of corporations organized under the laws of this state or any other state or under the laws of Canada, but only if the corporation has a market capitalization equivalent to $100 million; provided, however, that except as provided in Code Section 47-20-84, no fund shall invest in corporations or in obligations of corporations organized in a country other than the United States or Canada; provided, further, that such obligation shall be listed as investment grade by a

WEDNESDAY, FEBRUARY 21, 2007

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nationally recognized rating agency. For purposes of this paragraph, a corporation organized under the laws of a country other than the United States or Canada shall be deemed to be organized under the laws of this state or another state unless it is a private foreign issuer within the meaning of United States Securities and Exchange Commission Rule 3b-4, 17 C.F.R. Section 240.3b-4, as such appears on July 1, 2007;"
SECTION 2. Said article is further amended in subsection (a) of said Code Section 47-20-83, by striking "and" at the end of paragraph (20), by replacing the period with "; and" at the end of paragraph (21), and by adding a new paragraph to read as follows:
"(22) Business entities organized under the laws of this state or any other state or under the laws of Canada, but only if the business entity has a minimum market capitalization equivalent to $100 million and if the business entity has elected to be taxed and continues to qualify as a real estate investment trust under Section 856 through Section 860 of the federal Internal Revenue Code, 26 U.S.C. Section 856 through Section 860; provided, however, that except as provided in Code Section 4720-84, no fund shall invest in business entities organized in a country other than the United States or Canada."
SECTION 3. Said article is further amended by revising subsection (b) of Code Section 47-20-84, relating to large retirement systems, as follows:
"(b) A large retirement system may not invest more than 10 20 percent of the retirement system assets in corporations or in obligations of corporations organized in a country other than the United States or Canada subject to the provisions of paragraph (1) of subsection (a) of Code Section 47-20-83."
SECTION 4. Said article is further amended in said Code Section 47-20-84, by adding a new subsection to read as follows:
"(f) A large retirement system may enter into contracts, agreements, and other instruments designed to manage risk exposure."
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representative May of the 111th moves to amend the Committee substitute to HB 318 as follows:
Pg. 2, Sec. 3, Line 15 strike "20", replace with "15".

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

Y Abdul-Salaam Y Abrams N Amerson E Ashe N Barnard N Bearden Y Beasley-Teague N Benfield Y Benton Y Black N Bridges Y Brooks N Bruce N Bryant Y Buckner N Burkhalter Y Burns N Butler N Byrd Y Carter, A Y Carter, B N Casas Y Chambers Y Channell Y Cheokas N Coan N Cole N Coleman Y Collins Y Cooper Y Cox
Crawford, M N Crawford, R Y Davis, H N Davis, S Y Day

N Dempsey Dickson
Y Dollar N Drenner N Dukes Y Ehrhart N England Y Epps N Everson Y Fleming E Floyd, H Y Floyd, J Y Fludd
Forster Y Franklin N Frazier Y Freeman Y Gardner N Geisinger N Glanton E Golick Y Gordon Y Graves Y Greene N Hamilton Y Hanner Y Harbin N Hatfield N Heard, J Y Heard, K N Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A N Holmes

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

N Martin N Maxwell Y May Y McCall Y McKillip N Meadows N Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby N Mumford Y Murphy E Neal Y Nix Y Oliver Y O'Neal N Parham Y Parrish Y Parsons Y Peake Y Porter N Powell N Pruett N Ralston Y Randall Y Reece N Reese N Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the adoption of the amendment, the ayes were 96, nays 71.

The amendment was adopted.

The following amendment was read:

Representative Sims of the 169th moves to amend the Committee substitute to HB 318 as follows:

Add: line 26 at end of Section 1 page 1 line 25

WEDNESDAY, FEBRUARY 21, 2007

595

"This will not include any investment with any corporation/company deemed to be a part of or affiliated with in any manner any terrorist organization as determined by the Dept. of Homeland Security of the United States or the U.S. Department of Defense.

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

Y Abdul-Salaam Y Abrams Y Amerson E Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield N Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Dickson
Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J Y Fludd
Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton 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 N Holmes

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

Y Martin Y Maxwell Y May Y McCall Y McKillip N Meadows N Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese N Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the adoption of the amendment, the ayes were 162, nays 6.

The amendment was adopted.

The Committee substitute, as amended, was adopted.

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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 Abrams Y Amerson E Ashe Y Barnard N Bearden N Beasley-Teague N Benfield Y Benton N Black Y Bridges N Brooks N Bruce N Bryant N Buckner Y Burkhalter Y Burns Y Butler N Byrd N Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M N Crawford, R N Davis, H N Davis, S Y Day

Y Dempsey Dickson
Y Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming E Floyd, H Y Floyd, J N Fludd
Forster Y Franklin N Frazier Y Freeman N Gardner Y Geisinger Y Glanton E Golick N Gordon N Graves N Greene Y Hamilton N Hanner Y Harbin N Hatfield Y Heard, J N Heard, K N Heckstall N Hembree E Henson N Hill, C Y Hill, C.A N Holmes

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

Y Martin Y Maxwell Y May N McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan N Morris N Mosby Y Mumford N Murphy Y Neal Y Nix N Oliver Y O'Neal N Parham Y Parrish N Parsons Y Peake N Porter N Powell Y Pruett N Ralston N Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal N Rynders Y Sailor N Scott, A

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

On the passage of the Bill, by substitute, as amended, the ayes were 87, nays 81.

The Bill, having failed to received the requisite constitutional majority, was lost.

Representative Benton of the 31st 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 318.

WEDNESDAY, FEBRUARY 21, 2007

597

The following Resolutions of the House were read and adopted:
HR 353. By Representatives Rogers of the 26th, Mills of the 25th, Collins of the 27th and Benton of the 31st:
A RESOLUTION expressing regret at the passing of Mrs. Ethel Imogene Barker Pugh; and for other purposes.
HR 354. By Representative Hudson of the 124th:
A RESOLUTION expressing regret at the passing of Bobby Deante Warren; and for other purposes.
HR 355. By Representative Hudson of the 124th:
A RESOLUTION expressing regret at the passing of Mrs. Alberta Davis; and for other purposes.
HR 356. By Representatives Rogers of the 26th, Mills of the 25th, Collins of the 27th and Benton of the 31st:
A RESOLUTION commending Ms. Kate Zoercher and congratulating her for being named Woman of the Year; and for other purposes.
HR 357. By Representatives Rogers of the 26th, Mills of the 25th, Collins of the 27th and Benton of the 31st:
A RESOLUTION expressing regret at the passing of Dean Cleveland Jones; and for other purposes.
HR 358. By Representatives Holt of the 112th and Smith of the 113th:
A RESOLUTION commending Ms. Joanne Parker; and for other purposes.
HR 359. By Representative Floyd of the 147th:
A RESOLUTION commending Justin Lamb; and for other purposes.
HR 360. By Representatives Willard of the 49th, Geisinger of the 48th and Jones of the 46th:
A RESOLUTION recognizing and congratulating David Mulcahy on being awarded the 2007 Prudential Spirit of Community Award; and for other purposes.

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HR 361. By Representative Ralston of the 7th:
A RESOLUTION recognizing and commending Mr. Lonnie Cole on the occasion of his retirement; and for other purposes.
HR 362. By Representatives Neal of the 1st and Scott of the 2nd:
A RESOLUTION commending Nikki Painter on her selection by the Georgia Art Education Association for Lafayette Middle School Academy sixth grade; and for other purposes.
HR 363. By Representatives Neal of the 1st and Scott of the 2nd:
A RESOLUTION commending Deborah Sims on her selection by the Georgia Art Education Association for LaFayette Middle School eighth grade; and for other purposes.
HR 364. By Representatives Neal of the 1st and Scott of the 2nd:
A RESOLUTION commending Tiffany Devine on her selection by the Georgia Art Education Association for LaFayette Middle School eighth grade; and for other purposes.
HR 365. By Representatives Neal of the 1st and Scott of the 2nd:
A RESOLUTION commending Tori Hunter on her selection by the Georgia Art Education Association for LaFayette Middle School Academy sixth grade; and for other purposes.
HR 366. By Representatives Carter of the 159th, Stephens of the 164th, Bryant of the 160th, Jackson of the 161st, Gordon of the 162nd and others:
A RESOLUTION honoring and remembering the life of Francis Lakey "Frank" Wooten, Jr.; and for other purposes.
HR 367. By Representative Epps of the 128th:
A RESOLUTION recognizing and commending Ms. Joan K. Turner; and for other purposes.
HR 368. By Representatives Smith of the 168th, Kaiser of the 59th, Benfield of the 85th and Sims of the 169th:

WEDNESDAY, FEBRUARY 21, 2007

599

A RESOLUTION congratulating Dee and Joe Sports on the occasion of their golden wedding anniversary; 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 347 Do Pass HR 348 Do Pass
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 347. By Representatives Harbin of the 118th, Fleming of the 117th and Sims of the 119th:
A RESOLUTION commending the Greenbrier High School baseball team on winning the 2006 Class AAAA State Baseball Championship and inviting them to appear before the House of Representatives; and for other purposes.
HR 348. By Representatives Jones of the 46th, Geisinger of the 48th, Willard of the 49th, Martin of the 47th and Burkhalter of the 50th:
A RESOLUTION commending the Roswell High School Hornets football team 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 371. By Representative Floyd of the 147th:
A RESOLUTION recognizing the Cordele-Crisp County Fish Fry and commending Mr. Larry Bullock, Mr. Jimmy Black, Mr. William Culpepper, Mr. Bub Denham and the Cordele-Crisp County Fish Fry cooking team; and for other purposes.
Representative Bridges of the 10th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:

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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 448 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 313 Do Pass
Respectfully submitted, /s/ Barnard of the 166th
Chairman
Representative Smith of the 129th District, Chairman of the Committee on Transportation, submitted the following report:
Mr. Speaker:
Your Committee on Transportation has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 202 Do Pass HR 14 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, FEBRUARY 22, 2007

601

Representative Hall, Atlanta, Georgia

Thursday, February 22, 2007

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 Abrams
Amerson Ashe Barnard Bearden E Beasley-Teague E Benfield Black Bridges Brooks Bruce Bryant Buckner Burkhalter Burns Butler Byrd Carter, A Carter, B Chambers Channell Coan Cole Coleman Collins Cox Crawford, M Crawford, R Davis, H Davis, S

Dempsey Dickson Dollar E Drenner England Epps Fleming E Floyd, H Floyd, J Forster Franklin Frazier Freeman Gardner Geisinger Glanton E Golick Gordon Graves Greene Hamilton Hanner Harbin Hatfield Heard, J Heard, K Hembree E Henson E Hill, C Hill, C.A

Holmes Holt Horne Houston Howard E Hudson E Hugley Jackson Jacobs James Jamieson Jenkins Jerguson Johnson, C Johnson, T Jones, J Jones, S Kaiser Keen Keown Knight Knox Lakly Lane, B Lane, R Levitas Lewis Lindsey Lord Lunsford

Maddox Mangham Manning Martin E Maxwell May McKillip Meadows Mills Mitchell Morgan Morris Mosby Mumford Murphy Neal Oliver O'Neal Parham Parrish Parsons Peake Porter Pruett Ralston Randall Reece Reese Rice Rogers

Royal Scott, A Scott, M E Sellier Setzler Shaw Sheldon Shipp Sims, B Sims, C Sims, F Smith, L Smith, R Smith, T Smith, V E Smyre Starr Stephens Talton Teilhet Thomas, B Tumlin Wilkinson Willard Williams, A Williams, E Williams, M Williams, R Yates Richardson, Speaker

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

Representatives Benton of the 31st, Casas of the 103rd, Cooper of the 41st, Dukes of the 150th, Ehrhart of the 36th, Fludd of the 66th, Jordan of the 77th, Loudermilk of the 14th, Lucas of the 139th, Marin of the 96th, Millar of the 79th, Nix of the 69th, Powell of the 29th, Roberts of the 154th, Sailor of the 93rd, Sinkfield of the 60th, Stanley-Turner of the 53rd, Stephenson of the 92nd, Thomas of the 55th, Walker of the 107th, Watson of the 91st, and Wix of the 33rd.

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They wish to be recorded as present.
The following communication was received:
House of Representatives 332 State Capitol
Atlanta, Georgia 30334
February 21, 2007
Mr. Robby Rivers, Clerk Georgia House of Representatives State Capitol Atlanta, Georgia 30334
Dear Robby:
Please make the following committee assignment changes to the Journal:
Representative Stacey Abrams has been added to the Ways and Means Committee. Representative Robbin Shipp has been added to the Judiciary Committee.
Thank you for your assistance.
Sincerely,
/s/ Glenn Richardson Glenn Richardson, Speaker Georgia House of Representatives
JGR/gm
cc: The Honorable Larry O'Neal The Honorable Wendell Willard The Honorable Stacey Abrams The Honorable Robbin Shipp Mrs. Robin Underwood, Fiscal Officer
Prayer was offered by Pastor Jess Nix, Brierfield Baptist Church, LaGrange, Georgia.
The members pledged allegiance to the flag.

THURSDAY, FEBRUARY 22, 2007

603

Representative Lakly of the 72nd, 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 523. By Representatives Burkhalter of the 50th, Willard of the 49th, Jones of the 46th, Rice of the 51st and Martin of the 47th:
A BILL to be entitled an Act to create the City of Johns Creek Public Buildings and 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, to contract payments to the authority 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 fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for the validation of bonds; to provide for the separate enactment of each provision of this Act; to

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provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 524. By Representatives Burkhalter of the 50th, Willard of the 49th, Jones of the 46th, Rice of the 51st and Martin of the 47th:
A BILL to be entitled an Act to create the City of Johns Creek Parks and Recreation Authority; to authorize such authority to acquire, construct, equip, maintain, and operate or contract for services to provide athletic and recreational centers, facilities, and areas, including, but not limited to, playgrounds, parks, hiking, camping, and picnicking areas and facilities, swimming and wading pools, lakes, tennis courts, athletic fields and courts, clubhouses, gymnasiums, auditoriums, youth centers, senior citizen centers, stadiums, performing arts centers, cultural centers, related buildings, golf courses, and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities; to acquire parking facilities and parking areas in connection therewith; to provide that bonds be validated as authorized by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law"; to provide for construction; to provide for personnel; to provide for conveyance of property upon dissolution; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 525. By Representative Bearden of the 68th:
A BILL to be entitled an Act to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to require the recording of certain custodial statements under certain circumstances; to provide for definitions; to provide for guidelines relating to the admissibility of certain custodial statements and exceptions thereto; to provide for preserving custodial statements; to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to provide for training in recording certain custodial statements; 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 526. By Representatives Loudermilk of the 14th, Lewis of the 15th, Scott of the 2nd, Jerguson of the 22nd, Franklin of the 43rd and others:

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605

A BILL to be entitled an Act to amend Chapter 7 of Title 49 of the Official Code of Georgia Annotated, relating to family planning services, so as to revise and add definitions; to provide that agencies may offer medical referral services to persons who are not unemancipated minors; to provide that agencies shall not provide medical referral services to unemancipated minors except 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 527. By Representatives Horne of the 71st, Barnard of the 166th and Mitchell of the 88th:
A BILL to be entitled an Act to amend Article 6 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to agreements for probation services, so as to establish a minimum supervision fee which shall be charged under agreements for private probation supervision services; to authorize the supervision of certain felony offenders pursuant to such agreements for private probation supervision services; to authorize certain probation officers to supervise certain nonviolent felony offenders; to preclude registration fees for private or governmental probation services registering with the County and Municipal Probation Advisory Council; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 528. By Representatives Martin of the 47th, Burkhalter of the 50th, Stephens of the 164th, Lane of the 158th and Roberts of the 154th:
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 provide for certificates of registration for cosmetic laser practitioners; to define a certain term; to provide certain requirements for one member of the State Board of Cosmetology; to provide for applications to be made to obtain a certificate of registration for three different levels of cosmetic laser practitioner; to provide continuing education for such practitioners; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 529. By Representatives Royal of the 171st, Harbin of the 118th, Keen of the 179th, Reese of the 98th, Hill of the 21st and others:

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A BILL to be entitled an Act to amend numerous provisions of the Official Code of Georgia Annotated so as to reflect changes in the organization of the General Assembly with respect to budgetary functions; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Budget and Fiscal Affairs Oversight.
HB 530. By Representatives Burkhalter of the 50th, Jones of the 46th, Rice of the 51st and Martin of the 47th:
A BILL to be entitled an Act to amend an Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta in the County of Fulton and creating a new charter for said municipal corporation, approved April 9, 1981 (Ga. L. 1981, p. 4609), as amended, so as to remove certain property from the corporate limits of such city; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 531. By Representative Smith of the 131st:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to county governing authorities, so as to provide for minimum salaries for full-time county commission chairpersons; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 532. By Representative Everson of the 106th:
A BILL to be entitled an Act to amend Code Section 53-2-1 of the Official Code of Georgia Annotated, relating to rules for inheritance when decedent dies without a will, so as to provide a short title; to define certain terms; to provide that the court shall have the discretion to award a share of the estate of a decedent who was mentally disabled at the time of his or her death to a legal guardian or a de facto guardian; to provide factors for the court to consider; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.

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607

HB 533. By Representatives Reese of the 98th, Cox of the 102nd, Everson of the 106th, Coleman of the 97th, Walker of the 107th and others:
A BILL to be entitled an Act to amend an Act authorizing Gwinnett County and the governing authority thereof to appoint a Merit System Board, approved April 18, 1969 (Ga. L. 1969, p. 3051), as amended, so as to comprehensively revise and restate such Act; to provide a short title; to provide definitions; to establish the Merit System Board and provide for its membership, qualifications, terms of office, compensation, removal, powers, duties, and responsibilities; to provide for meetings; to provide for officers and their duties; to provide for unclassified positions; to provide for certain hiring preferences; to prohibit certain activities by classified employees; to provide penalties for violations; to provide for oaths; to provide for severability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 534. By Representatives Freeman of the 140th, Keown of the 173rd, Casas of the 103rd, Benton of the 31st, Sims of the 119th and others:
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 public notice of a budget deficit within three business days; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 535. By Representative Butler of the 18th:
A BILL to be entitled an Act to amend Title 37 of the O.C.G.A., relating to mental health, so as to create a patient advocacy board and the position of Patient Advocate General to investigate fatalities and allegations of abuse, neglect, or improper treatment occurring in facilities operated by, subjection to certification by, or under contact with the Division of Mental Health, Developmental Disabilities, and Addictive Diseases; to provide for definitions; to provide for appointment of board members, qualifications of board members, terms, vacancies, removal, and immunity; to provide for oath of office and certificate of appointment; to provide for board meetings, procedure, and expenses; to provide for the powers and duties of the Patient Advocate General; to provide for confidentiality of certain information and exceptions; to provide for reporting of certain information; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Health & Human Services.
HB 536. By Representatives Floyd of the 147th, Williams of the 178th, McCall of the 30th, Hatfield of the 177th, Graves of the 12th 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 provide that fines for excess weight should be based on the weight including the allowed variance; 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 537. By Representatives Ehrhart of the 36th, Johnson of the 37th, Manning of the 32nd, Cooper of the 41st, Franklin of the 43rd 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 1, 2006 (Ga. L. 2006, p. 3939), so as to change the compensations of the clerk and the chief deputy clerk of the State Court of Cobb County; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 538. By Representatives Ehrhart of the 36th, Johnson of the 37th, Manning of the 32nd, Cooper of the 41st, Franklin of the 43rd 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 4, 2006 (Ga. L. 2006, p. 4177), 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 Intragovernmental Coordination - Local.
HB 539. By Representatives Ehrhart of the 36th, Johnson of the 37th, Manning of the 32nd, Cooper of the 41st, Franklin of the 43rd 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,

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609

1974 (Ga. L. 1974, p. 3516), as amended, so as to revise 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 Intragovernmental Coordination - Local.
HB 540. By Representatives Smith of the 168th, Manning of the 32nd, Randall of the 138th and Lindsey of the 54th:
A BILL to be entitled an Act to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change certain provisions relating to voluntary separation, abandonment, or driving off of spouse; to create a duty in certain circumstances to provide child support for a mentally or physically disabled child beyond the age of 18; to provide for postmajority child support in final verdict or divorce decree; to provide that a child's eligibility to receive public benefits shall not be impacted by an award of postmajority child support; to change certain provisions relating to inclusion of life insurance in order of support; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 541. By Representatives Smith of the 168th, Morris of the 155th, Sims of the 169th, Williams of the 178th, Maddox of the 172nd and others:
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 542. By Representatives Hugley of the 133rd, Porter of the 143rd and Randall of the 138th:
A BILL to be entitled an Act to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to create the Georgia Legislative Youth Advisory Council to advise the legislature on issues relating to youth; to provide for duties, jurisdiction, and membership;

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to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Children & Youth.
HB 543. By Representatives Carter of the 159th and Burns of the 157th:
A BILL to be entitled an Act to amend an Act entitled "An Act to further define and prescribe the powers and duties of the Effingham County Industrial Development Authority," approved March 18, 1986 (Ga. L. 1986, p. 3873), as amended, so as to provide that the authority shall be subject to county zoning ordinances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 544. By Representative Hembree of the 67th:
A BILL to be entitled an Act to amend Code Section 33-50-2 of the Official Code of Georgia Annotated, relating to a required license for any multiple employer self-insured health plan to transact business in this state and health plans of municipalities, counties, or other political subdivisions, so as to provide that any plan or arrangement established or maintained by two or more accredited independent nonproprietary institutions of higher education located in this state is not subject to the requirements relating to multiple employer self-insured health plans; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HR 349. By Representatives Peake of the 137th, Sellier of the 136th and Freeman of the 140th:
A RESOLUTION honoring the life and service of Marine Sergeant Kelley L. Courtney and dedicating the Sgt. Kelley L. Courtney Interchange; and for other purposes.
Referred to the Committee on Transportation.
HR 350. By Representatives Harbin of the 118th, Butler of the 18th, Ehrhart of the 36th, Stephens of the 164th, Parrish of the 156th and others:
A RESOLUTION creating the Joint Study Committee on the State Health System; and for other purposes.

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611

Referred to the Committee on Health & Human Services.
HR 351. By Representatives Lindsey of the 54th, Holmes of the 61st, Willard of the 49th, Ashe of the 56th, Jones of the 46th and others:
A RESOLUTION creating the Joint Study Committee on Fulton County; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HR 352. By Representatives Benfield of the 85th, Mumford of the 95th, Everson of the 106th, Mangham of the 94th, Abrams of the 84th and others:
A RESOLUTION creating the House Study Committee on Eyewitness Identification Procedures; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HR 369. By Representative Barnard of the 166th:
A RESOLUTION authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia; authorizing the conveyance of certain state owned real property located in Charlton County, Georgia; authorizing the conveyance of certain state owned real property located in Chatham County, Georgia; authorizing the conveyance of certain state owned real property located in Coffee County, Georgia; authorizing the conveyance of certain state owned real property located in Columbia County, Georgia; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Institutions & Property.
HR 370. By Representative Barnard of the 166th:
A BILL authorizing the leasing of certain state owned real property in Bibb County, Georgia; authorizing the leasing of certain state owned real property in Cobb County, Georgia; authorizing the leasing of certain state owned real property located in Dougherty County, Georgia; authorizing the leasing of certain state owned real property located in Mitchell County, Georgia; authorizing the leasing of certain state owned real property in Troup County, Georgia; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Institutions & Property.

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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 568. By Representatives Golick of the 34th, Cooper of the 41st, Scott of the 153rd, Smith of the 129th, Cole of the 125th and others:

A BILL to be entitled an Act to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning and development, so as to enact the "Health Care Competition, Transparency and Improvement Act"; to provide for extensive revision of the certificate of need program; to revise the declaration of policy for state health planning; to revise and add definitions; to establish the Health Strategies Advisory Council as the successor to the Health Strategies Council; to provide for its composition and duties; to revise provisions relating to the Department of Community Health; to provide for a temporary moratorium on certificate of need applications under certain circumstances; to provide for penalties, sanctions, and enforcement actions relating to certificates of need; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Special Committee on Certificate of Need.

HR 376. By Representatives Abdul-Salaam of the 74th, Brooks of the 63rd, Thomas of the 55th, Porter of the 143rd, Sinkfield of the 60th and others:

A RESOLUTION urging the Capitol Arts Standards Commission to authorize the placement of a portrait of Ms. Coretta Scott King on the second floor of the state capitol building alongside the portrait of Dr. Martin Luther King, Jr.; and for other purposes.

Referred to the Committee on Special Rules.

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

HB 488 HB 489 HB 490 HB 491 HB 492 HB 493 HB 494

HB 510 HB 511 HB 512 HB 513 HB 514 HB 515 HB 516

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613

HB 495 HB 496 HB 497 HB 498 HB 499 HB 500 HB 501 HB 502 HB 503 HB 504 HB 505 HB 506 HB 507 HB 508 HB 509

HB 517 HB 518 HB 519 HB 520 HB 521 HB 522 HR 321 HR 322 HR 323 SB 79 SB 81 SB 92 SB 97 SB 126

Representative Lewis of the 15th District, Chairman of the Committee on Energy, Utilities, and Telecommunications, submitted the following report:

Mr. Speaker:

Your Committee on Energy, Utilities, and Telecommunications 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 107 Do Pass, by Substitute HB 227 Do Pass, by Substitute

Respectfully submitted, /s/ Lewis of the 15th
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 Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 424 Do Pass HB 443 Do Pass

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Respectfully submitted, /s/ Coan of the 101st
Chairman

Representative Rynders of the 152nd District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

Your Committee on Intragovernmental Coordination - 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 473 HB 477 HB 480

Do Pass Do Pass Do Pass

HB 482 Do Pass HB 483 Do Pass

Respectfully submitted, /s/ Rynders of the 152nd
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 270 HB 286 HB 316

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

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:

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615

Your Committee on Natural Resources and Environment 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 177 Do Pass, by Substitute HB 217 Do Pass

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

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

HOUSE RULES CALENDAR THURSDAY, FEBRUARY 22, 2007

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 24th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

HR 57

Elbert County; conveyance of certain state owned real property; authorize (Substitute)(SI&P-30th)

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.

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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 473. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to amend an Act creating the Banks County board of commissioners, approved August 19, 1916 (Ga. L. 1916, p. 349), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4532), and an Act approved April 14, 1997 (Ga. L. 1997, p. 4166), so as to change the compensation of the chairperson and other members of the board of commissioners; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 477. By Representative Hanner of the 148th:
A BILL to be entitled an Act to reincorporate and provide a new charter for the City of Richland in Stewart 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, 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 administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for other matters relative to the foregoing; to repeal an Act incorporating the City of Richland in the County of Stewart, approved August 16, 1922 (Ga. L. 1922, p. 925), 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.

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617

HB 480. By Representatives Marin of the 96th, Floyd of the 99th and Rice of the 51st:

A BILL to be entitled an Act to amend an Act creating a new charter for the City of Norcross, Georgia, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 3680), an Act approved March 25, 1996 (Ga. L. 1996, p. 3666), and an Act approved March 24, 1997 (Ga. L. 1997, p. 3517), so as to change the form of government from a mayor-council form of government to a city managercouncil form of government; 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 482. By Representatives Lane of the 158th and Stephens of the 164th:

A BILL to be entitled an Act to abolish the office of elected county surveyor of Bryan County pursuant to Code Section 36-7-2.1 of the O.C.G.A.; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

HB 483. By Representative Cox of the 102nd:

A BILL to be entitled an Act to authorize the City of Lilburn 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:

Y Abdul-Salaam E Abrams Y Amerson

Y Dempsey Y Dickson Y Dollar

Y Holt Horne
Y Houston

Y Martin E Maxwell Y May

Y Scott, M E Sellier Y Setzler

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Y Ashe Barnard
Y Bearden Y Beasley-Teague E Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole
Coleman Y Collins
Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

E 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 Frazier Y Freeman
Gardner Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree E Henson E Hill, C Y Hill, C.A Y Holmes

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

Y McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy
Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece E Reese Y Rice
Roberts Y Rogers Y Royal Y Rynders Y Sailor
Scott, A

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

On the passage of the Bills, the ayes were 151, 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:

SB 60. By Senators Staton of the 18th, Johnson of the 1st, Adelman of the 42nd, Unterman of the 45th, Bulloch of the 11th and others:

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619

A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to establish the Georgia Trauma Commission; to provide for its composition, membership, duties, and responsibilities; to provide that hospitals offering or seeking to offer emergency trauma services may add additional beds or operating rooms for emergency trauma purposes without the necessity of applying for a certificate of need; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 84. By Senators Shafer of the 48th, Douglas of the 17th, Rogers of the 21st, Hudgens of the 47th, Moody of the 56th and others:
A BILL to be entitled an Act to amend Code Section 33-6-4 of the Official Code of Georgia Annotated, relating to enumeration of unfair methods of competition and unfair or deceptive acts or practices, so as to protect members of the armed forces of the United States from unscrupulous practices regarding the marketing and sale of insurance; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 95. By Senators Carter of the 13th, Adelman of the 42nd, Thomas of the 54th, Chance of the 16th and Seay of the 34th:
A BILL to be entitled an Act to amend Article 7 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to sale or distribution to, or possession by, minors of cigarettes and tobacco related objects, so as to make it unlawful to attempt to purchase cigarettes or tobacco related objects; to change certain provisions relating to sales from vending machines; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 107. By Senators Tarver of the 22nd and Powell of the 23rd:
A BILL to be entitled an Act to amend an Act creating the City Court of Richmond County, now the State Court of Richmond County, approved September 22, 1881 (Ga. L. 1880-81, p. 574), as amended, so as to change the second division's jurisdiction to make the second division judge coequal with those judges of Division 1; to remove references to associate judge; to create a third division of the State Court of Richmond County; to provide for the judge of the third division and their qualifications, selection, duties, responsibilities, and compensation; to repeal conflicting laws; and for other purposes.
HB 223. By Representatives Butler of the 18th, Nix of the 69th and Bearden of the 68th:

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A BILL to be entitled an Act to provide for a method of distribution of the net proceeds of the sales tax for education purposes levied in Carroll County; to provide for the method of distribution of proceeds of such tax between the Carroll County School District and the independent school districts located wholly or partially within Carroll County, including particularly the City of Carrollton School System and the City of Bremen School System; to provide for authority under Article VIII, Section VI, Paragraph IV of the Constitution; to provide for related matters; to repeal conflicting laws; and for other purposes.

The Senate has adopted by the requisite constitutional majority the following resolutions of the House:

HR 21. By Representatives Dickson of the 6th, Meadows of the 5th, Williams of the 4th and Forster of the 3rd:

A RESOLUTION honoring the services of Mr. Elbert Shaw, Jr., of Dalton, Georgia, and designating the Dalton Regional Youth Detention Center as the Elbert Shaw, Jr. Regional Youth Detention Center; and for other purposes.

HR 258. By Representatives Willard of the 49th, Byrd of the 20th, Heard of the 104th, Chambers of the 81st, Coan of the 101st and others:

A RESOLUTION commending the Vietnamese community in Georgia and recognizing the community's pride in their "Vietnamese Heritage and Freedom Flag"; and for other purposes.

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

SB 60.

By Senators Staton of the 18th, Johnson of the 1st, Adelman of the 42nd, Unterman of the 45th, Bulloch of the 11th and others:

A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to establish the Georgia Trauma Commission; to provide for its composition, membership, duties, and responsibilities; to provide that hospitals offering or seeking to offer emergency trauma services may add additional beds or operating rooms for emergency trauma purposes without the necessity of applying for a certificate of need; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health & Human Services.

THURSDAY, FEBRUARY 22, 2007

621

SB 84.

By Senators Shafer of the 48th, Douglas of the 17th, Rogers of the 21st, Hudgens of the 47th, Moody of the 56th and others:

A BILL to be entitled an Act to amend Code Section 33-6-4 of the Official Code of Georgia Annotated, relating to enumeration of unfair methods of competition and unfair or deceptive acts or practices, so as to protect members of the armed forces of the United States from unscrupulous practices regarding the marketing and sale of insurance; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Agriculture & Consumer Affairs.

SB 95.

By Senators Carter of the 13th, Adelman of the 42nd, Thomas of the 54th, Chance of the 16th and Seay of the 34th:

A BILL to be entitled an Act to amend Article 7 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to sale or distribution to, or possession by, minors of cigarettes and tobacco related objects, so as to make it unlawful to attempt to purchase cigarettes or tobacco related objects; to change certain provisions relating to sales from vending machines; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary Non-Civil.

SB 107. By Senators Tarver of the 22nd and Powell of the 23rd:

A BILL to be entitled an Act to amend an Act creating the City Court of Richmond County, now the State Court of Richmond County, approved September 22, 1881 (Ga. L. 1880-81, p. 574), as amended, so as to change the second division's jurisdiction to make the second division judge coequal with those judges of Division 1; to remove references to associate judge; to create a third division of the State Court of Richmond County; to provide for the judge of the third division and their qualifications, selection, duties, responsibilities, and compensation; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Intragovernmental Coordination - Local.

Representative Benton of the 31st moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 318. By Representatives Benton of the 31st, Coleman of the 97th, Bridges of the 10th, Meadows of the 5th and Maxwell of the 17th:

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A BILL to be entitled an Act to amend Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Investment Authority Law," so as to provide that certain foreign corporations shall be deemed to be United States corporations for purposes of investment by public retirement systems; to allow the investment of public retirement system assets in certain real estate trusts; to increase the percentage of the assets of certain public retirement systems that may be invested in foreign corporations; to provide that certain public retirement systems may enter into certain contracts, agreements, and other obligations; to repeal conflicting laws; and for other purposes.

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

N Abdul-Salaam E Abrams Y Amerson N Ashe Y Barnard Y Bearden N Beasley-Teague E Benfield Y Benton Y Black Y Bridges Y Brooks N Bruce N Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers
Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M N Crawford, R N Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson Y Dollar E Drenner
Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming N Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin N Frazier Y Freeman N Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree E Henson E Hill, C Y Hill, C.A N Holmes

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

Y Martin E Maxwell Y May Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby Y Mumford N Murphy Y Neal Y Nix N Oliver Y O'Neal N Parham Y Parrish Y Parsons Y Peake N Porter N Powell Y Pruett Y Ralston N Randall N Reece E Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders N Sailor Y Scott, A

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

THURSDAY, FEBRUARY 22, 2007

623

On the motion, the ayes were 109, nays 52.
The motion prevailed.
Representative Horne of the 71st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
The Speaker Pro Tem assumed the Chair.
The following members were recognized during the period of Morning Orders and addressed the House:
Brooks of the 63rd, Kaiser of the 59th, Randall of the 138th, Martin of the 47th, Howard of the 121st, Mangham of the 94th, Rice of the 51st, Butler of the 18th and Pruett of the 144th.
The Speaker assumed the Chair.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 372. By Representative Mangham of the 94th:
A RESOLUTION recognizing "Africa Day" at the capitol and inviting the Honorable Aliyu Modibo, Ph.D., Minister of Commerce of the Republic of Nigeria; the Honorable Frank Nweke, Jr., Minister of Information and National Orientation of the Republic of Nigeria; Mr. Erastus Akingbola, Chief Executive Officer of the Intercontinental Bank of Nigeria; Mrs. Gladys M. Sasore, Special Advisor to the President; and Laurie Ann Agama, Ph.D., Director of African Affairs for the United States White House to appear before the House of Representatives; and for other purposes.
HR 373. By Representatives Day of the 163rd, Gordon of the 162nd, Jackson of the 161st, Bryant of the 160th, Stephens of the 164th and others:
A RESOLUTION recognizing and honoring the St. Patrick's Day Parade Committee, Chairman James "Jay" Burke, and the 2007 St. Patrick's Day Parade's grand marshal, John Burke, and inviting them to appear before the House of Representatives; and for other purposes.
The following supplemental Rules Calendar was read and adopted:

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HOUSE SUPPLEMENTAL RULES CALENDAR THURSDAY, FEBRUARY 22, 2007

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 24th Legislative Day as enumerated below:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

HR 171

Cason and Virginia Callaway Conservation Highway; dedicate portions of SR 116 (Trans-129th)

DEBATE CALENDAR

Open Rule

HB 90 HB 240 HB 319

Funeral establishments; adequate stock of funeral caskets; provisions (RegI-169th) Retail Installment and Home Solicitation Sales Act; increase delinquency charges (A&CA-118th) District attorneys; increase annual salaries (Judy-117th)

Modified Open Rule

None

Modified Structure 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, FEBRUARY 22, 2007

625

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 319. By Representatives Fleming of the 117th, Willard of the 49th, Ralston of the 7th, Ehrhart of the 36th, Harbin of the 118th and others:

A BILL to be entitled an Act to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials and cost of living adjustments, so as to increase the annual salaries of district attorneys; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam E Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague E Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers
Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox
Crawford, M

Y Dempsey Y Dickson Y Dollar E Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming N Floyd, H Y Floyd, J
Fludd Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Harbin Y Hatfield N Heard, J Y Heard, K Y Heckstall Y Hembree

Y Holt Y Horne Y Houston Y Howard E Hudson E Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox
Lakly Y Lane, B
Lane, R Y Levitas Y Lewis Y Lindsey
Lord Loudermilk Y Lucas Y Lunsford

Y Martin E Maxwell N May Y McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell Y Morgan
Morris Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts N Rogers

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

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Y Crawford, R Y Davis, H
Davis, S Y Day

Henson E Hill, C
Hill, C.A Y Holmes

Y Maddox Y Mangham Y Manning Y Marin

Y Royal Y Rynders Y Sailor Y Scott, A

Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 148, nays 4.

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

Representatives Channell of the 116th and Stephens of the 164th stated that 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 57. By Representative McCall of the 30th:

A RESOLUTION authorizing the conveyance of certain state owned real property located in Elbert 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 Elbert County, Georgia; to repeal conflicting laws; and for other purposes.

WHEREAS, the State of Georgia is the owner of a certain parcel of real property located in Elbert County, Georgia; and

WHEREAS, said real property is all that tract or parcels of land, lying and being in the 189th G.M. District of Elbert County, Georgia, containing 13.660 acres, more or less, and being more particularly described and designated as "Tract 3" on a plat of survey prepared by Gregory J. Evans, Registered Land Surveyor, dated December 22, 1997; recorded in the Plat Book 20, at Page 137, in the Office of the Superior Court of Elbert County, Georgia, hereinafter referred to as "said property"; and

WHEREAS, said property is under the custody of the Department of Defense of the State of Georgia, a state agency established pursuant to Part 2 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated; and

WHEREAS, said property was conveyed to the Department of Defense by a deed of gift with limited warranty on or about August 11, 1998, said deed being duly recorded in book 249, page 215 to 218 with the Elbert County clerk of court's office; and

THURSDAY, FEBRUARY 22, 2007

627

WHEREAS, the deed of conveyance contained a stipulation that the conveyance was for the purpose of construction and use as a National Guard training center or armory and conditioned that: "[i]f construction on such regional training center or armory has not commenced within five years from the date of this instrument, then [the state] shall automatically forfeit all right, title, and interest in and to said property, the estate of [the state] in and to this property shall automatically terminate, and title shall automatically vest in the City of Elberton, Georgia, a municipal corporation...."; and
WHEREAS, the Department of Defense of the State of Georgia has determined that said property is no longer needed to carry out the mission of the department and the property shall not be used for a National Guard training center, armory, or for a similar purpose; and
WHEREAS, the City of Elberton is desirous of acquiring the above-described property so that the original intent of the Grantor may be carried out and so that the property may be put to its highest and best use for the benefit of the citizens of the City of Elberton; and
WHEREAS, the State Properties Commission is authorized pursuant to Chapter 16 of Title 50 of the Official Code of Georgia Annotated to transfer and convey title of said property belonging to the state and the commission has determined that it is in the best interest of the state to transfer said property more specifically described above to the City of Elberton.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. That the State of Georgia is the owner of the above-described real property located in Elbert County 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 said property shall be conveyed to the City of Elberton, a municipal corporation established by law, and its successors and assigns for the consideration of $1.00, the good and real value of which is hereby acknowledged, and under such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 3. That the authorization in this resolution to convey said property to the City of Elberton, Elbert County, shall expire five years after the date that this resolution becomes effective.

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SECTION 4. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance and that any deeds of conveyance relative to the transfer of title authorized by this resolution shall be executed by signature of the Governor or his authorized representative or representatives and recorded by the Grantee in the Superior Court of Elbert County and the Grantee shall forward to the State Properties Commission a recorded copy of the deed of conveyance. Upon recording the transferring deed, the state and any state agency shall have no further interest in said property.

SECTION 5. That all costs associated with the sale of the above-described property shall be borne by the Department of Defense of the State of Georgia.

SECTION 6. 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 E Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague E Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan

Y Dempsey Y Dickson Y Dollar E 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner

Holt Y Horne Y Houston Y Howard E Hudson E Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox
Lakly Y Lane, B
Lane, R Y Levitas

Y Martin E Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris
Mosby Y Mumford Y Murphy
Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston

Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker

THURSDAY, FEBRUARY 22, 2007

629

Y Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson E Hill, C
Hill, C.A Y Holmes

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

Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the adoption of the Resolution, by substitute, the ayes were 157, nays 0.

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

Representative Scott of the 2nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 90. By Representative Sims of the 169th:

A BILL to be entitled an Act to amend Code Section 43-18-70 of the Official Code of Georgia Annotated, relating to practice at a licensed funeral establishment or crematory, so as to provide that a funeral establishment shall have an adequate stock of funeral caskets on the premises; to provide that the display room may contain actual caskets or may contain models, mock-ups, or sections of caskets or similar items if such caskets are readily available and in stock for purchase at the establishment or can be delivered within 24 hours; 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague E Benfield Y Benton Y Black Y Bridges

Y Dempsey Y Dickson Y Dollar E Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H

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

Y Martin E Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris

Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B

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JOURNAL OF THE HOUSE

Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns Y Butler
Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas N Coan Y Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Floyd, J Fludd
Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson E Hill, C
Hill, C.A Y Holmes

Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey
Lord Y Loudermilk Y Lucas
Lunsford Y Maddox
Mangham Y Manning Y Marin

Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell N Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the passage of the Bill, the ayes were 152, nays 2.

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

HR 171. 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.

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 E Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague E Benfield

Y Dempsey Y Dickson Y Dollar E Drenner Y Dukes Y Ehrhart Y England Y Epps

Y Holt Y Horne Y Houston Y Howard E Hudson E Hugley Y Jackson Y Jacobs

Y Martin E Maxwell
May Y McCall Y McKillip Y Meadows Y Millar Y Mills

Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C

THURSDAY, FEBRUARY 22, 2007

631

Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Everson Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Frazier
Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson E Hill, C
Hill, C.A Y Holmes

Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey
Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin

Y Mitchell Morgan
Y Morris Mosby
Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the adoption of the Resolution, the ayes were 158, nays 0.

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

Representative May of the 111th was excused on the preceding roll call. Due to a mechanical malfunction, he was shown as not voting.

HB 240. By Representative Harbin of the 118th:

A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to "The Retail Installment and Home Solicitation Sales Act," so as to increase the authorized maximum delinquency charge for late installment payments; 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:

632

JOURNAL OF THE HOUSE

Y Abdul-Salaam E Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague E Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M N Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson Y Dollar E Drenner Y Dukes
Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson E Hill, C
Hill, C.A Y Holmes

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

Y Martin E Maxwell
May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris
Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the passage of the Bill, the ayes were 157, nays 3.

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

Representative May of the 111th was excused on the preceding roll call. Due to a mechanical malfunction, he was shown as not voting.

The following Resolutions of the House were read and adopted: HR 377. By Representative Crawford of the 16th:

A RESOLUTION recognizing and congratulating Jane Cardin Wyatt for receiving the 2006-2007 Citizen of Excellence Award from the Cedartown Civic Arts Commission; and for other purposes.

THURSDAY, FEBRUARY 22, 2007

633

HR 378. By Representative Walker of the 107th:
A RESOLUTION commending Marvin Jackson; and for other purposes.
HR 379. By Representative Floyd of the 147th:
A RESOLUTION recognizing and commending Miss Brittanie Lenice Faircloth, the 2007 Georgia Watermelon Queen; and for other purposes.
HR 380. By Representatives Manning of the 32nd, Neal of the 1st, May of the 111th, Ashe of the 56th, Jerguson of the 22nd and others:
A RESOLUTION recognizing and commending the advocacy efforts on behalf of all current, former, and future youth in foster care by the Youth Advocates of Georgia: the Metro Atlanta Youth Opportunities Initiative (MAYOI), the Youth Advisory Board of the Multi-Agency Alliance for Children (MAAC), and For Youth, By Youth (FYBY); and for other purposes.
HR 381. By Representative Heckstall of the 62nd:
A RESOLUTION Congratulating Primus T. James upon his coronation as the 5th Deputy of the Orient of Georgia; and for other purposes.
HR 382. By Representative Mangham of the 94th:
A RESOLUTION recognizing and commending Krystal Wilson of Heritage High School for 13 years of perfect attendance; and for other purposes.
HR 383. By Representative Mangham of the 94th:
A RESOLUTION recognizing and commending Hanna Parker of Heritage High School for 13 years of perfect attendance; and for other purposes.
HR 384. By Representative Mangham of the 94th:
A RESOLUTION recognizing and honoring the life of Mrs. Margaret Martin Kendall; and for other purposes.
HR 385. By Representatives Golick of the 34th, Teilhet of the 40th, Wix of the 33rd and Johnson of the 37th:
A RESOLUTION recognizing and commending Smyrna City Councilman Ron Newcomb; and for other purposes.

634

JOURNAL OF THE HOUSE

HR 386. By Representatives Golick of the 34th, Richardson of the 19th, Tumlin of the 38th and Crawford of the 16th:
A RESOLUTION recognizing Georgia State University College of Law student Cliff Williams.
HR 387. By Representatives Golick of the 34th, O`Neal of the 146th, Burkhalter of the 50th, Roberts of the 154th and Smith of the 129th:
A RESOLUTION recognizing the birth of Nash Caldwell Sullivan; and for other purposes.
HR 388. By Representatives Greene of the 149th, Floyd of the 147th, Royal of the 171st, Hanner of the 148th, Wilkinson of the 52nd and others:
A RESOLUTION recognizing and commending Bob Cucchi for years of outstanding and effective service to the state and the people of Georgia while working with Ford Motor Company; and for other purposes.
HR 389. By Representative Jones of the 44th:
A RESOLUTION honoring the life of Robert "Pookie" Branham III and expressing regret at his passing; and for other purposes.
HR 390. By Representative Jones of the 44th:
A RESOLUTION recognizing and commending the National Wildlife Federation's Earth Tomorrow program; and for other purposes.
HR 391. By Representatives Jackson of the 161st, Channell of the 116th, Fleming of the 117th and Murphy of the 120th:
A RESOLUTION commending Dorothy "Dolly" Hearn on being awarded a posthumous Doctor of Dental Medicine degree; and for other purposes.
HR 392. By Representative Lord of the 142nd:
A RESOLUTION honoring and celebrating Mrs. Janet Cowan on the grand occasion of her 90th birthday; and for other purposes.
HR 393. By Representatives Jackson of the 161st and Bryant of the 160th:
A RESOLUTION honoring and remembering the life of Mrs. Janie Evans Fowles; and for other purposes.

THURSDAY, FEBRUARY 22, 2007

635

HR 394. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Walton High School for outstanding contributions to education in the State of Georgia and excellence in student academic achievement; and for other purposes.
HR 395. By Representatives Kaiser of the 59th, Porter of the 143rd, Epps of the 128th, Burkhalter of the 50th, Coleman of the 97th and others:
A RESOLUTION honoring and remembering the life of Mrs. Juanita Wilda Kesler Cleland; and for other purposes.
HR 396. By Representative Stephens of the 164th:
A RESOLUTION commending Cory Lee Smalls; and for other purposes.
HR 397. By Representatives Dollar of the 45th, Parsons of the 42nd, Cooper of the 41st and Franklin of the 43rd:
A RESOLUTION recognizing and commending Pope High School for outstanding contributions to education in the State of Georgia and excellence in student academic achievement; and for other purposes.
HR 398. By Representatives Dollar of the 45th, Parsons of the 42nd, Cooper of the 41st and Franklin of the 43rd:
A RESOLUTION recognizing and commending Hightower Trail Middle School for outstanding contributions to education in the State of Georgia and excellence in student academic achievement; and for other purposes.
HR 399. By Representative Stephens of the 164th:
A RESOLUTION commending Ryan M. O'Hara; and for other purposes.
HR 400. By Representative Stephens of the 164th:
A RESOLUTION commending Christopher M. Smalls; and for other purposes.
HR 401. By Representatives Dollar of the 45th, Parsons of the 42nd and Cooper of the 41st:
A RESOLUTION recognizing and commending East Side Elementary School for outstanding contributions to education in the State of Georgia and excellence in student academic achievement; and for other purposes.

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HR 402. By Representatives Howard of the 121st, Murphy of the 120th, Frazier of the 123rd, Davis of the 122nd, Sims of the 119th and others:
A RESOLUTION honoring the life and memory of entertainer James Brown; and for other purposes.
HR 403. By Representatives Dollar of the 45th, Parsons of the 42nd and Cooper of the 41st:
A RESOLUTION recognizing and commending Murdock Elementary School for outstanding contributions to education in the State of Georgia and excellence in student academic achievement; and for other purposes.
HR 404. By Representatives Dollar of the 45th and Cooper of the 41st:
A RESOLUTION recognizing and commending Mount Bethel Elementary School for outstanding contributions to education in the State of Georgia and excellence in student academic achievement; and for other purposes.
HR 405. By Representatives Dollar of the 45th and Parsons of the 42nd:
A RESOLUTION recognizing and commending Dodgen Middle School for outstanding contributions to education in the State of Georgia and excellence in student academic achievement; and for other purposes.
HR 406. By Representatives Dollar of the 45th, Parsons of the 42nd and Cooper of the 41st:
A RESOLUTION recognizing and commending Sope Creek Elementary School for outstanding contributions to education in the State of Georgia and excellence in student academic achievement; and for other purposes.
HR 407. By Representatives Dollar of the 45th, Parsons of the 42nd and Cooper of the 41st:
A RESOLUTION recognizing and commending Dickerson Middle School for outstanding contributions to education in the State of Georgia and excellence in student academic achievement; and for other purposes.
HR 408. By Representatives Dollar of the 45th and Cooper of the 41st:
A RESOLUTION recognizing and commending Timber Ridge Elementary School for outstanding contributions to education in the State of Georgia and excellence in student academic achievement; and for other purposes.

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HR 409. By Representatives Dollar of the 45th and Cooper of the 41st:

A RESOLUTION recognizing and commending Tritt Elementary School for outstanding contributions to education in the State of Georgia and excellence in student academic achievement; and for other purposes.

HR 410. By Representatives Dollar of the 45th, Cooper of the 41st and Franklin of the 43rd:

A RESOLUTION recognizing and commending Shallowford Falls Elementary School for outstanding contributions to education in the State of Georgia and excellence in student academic achievement; and for other purposes.

Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:

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

HB 208 HB 332 HB 375

Do Pass, by Substitute Do Pass Do Pass

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 and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 279 HB 366 HB 429

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

HR 49 SB 17

Do Pass Do Pass

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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 Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 63 HB 152 HB 243

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

HR 246 Do Pass SB 68 Do Pass, by Substitute

Respectfully submitted, /s/ Hembree of the 67th
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 3:00 o'clock, P.M., Tuesday, February 27, 2007.

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Representative Hall, Atlanta, Georgia

Tuesday, February 27, 2007

The House met pursuant to adjournment at 3:00 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 Abrams Amerson Ashe Barnard Bearden E Beasley-Teague Benfield Benton Black Bridges Brooks Bruce Bryant Buckner Burkhalter Burns Butler Byrd Carter, A Carter, B Casas Chambers Cheokas Coan Cole Coleman Collins Cooper Cox Crawford, M Crawford, R

Davis, H Day Dempsey Dickson Dollar Drenner E Ehrhart England Epps Everson Fleming Floyd, J Fludd Forster Franklin Frazier Freeman Gardner Geisinger Glanton Gordon Graves Greene Hamilton Hanner Harbin Hatfield E Heard, J Heard, K Hembree Hill, C Hill, C.A

Holt Horne Houston Howard Hudson Hugley Jacobs James Jamieson Jenkins Jerguson Johnson, C Johnson, T Jones, J Jones, S Jordan Kaiser Keen Keown Knight Knox Lakly Lane, B Lane, R Levitas Lewis Lindsey Lord Loudermilk Maddox Manning Marin

Martin Maxwell May McCall McKillip Meadows Mills Mitchell E Morgan Morris Mosby Mumford Murphy Neal Nix Oliver O'Neal Parham Parrish Parsons Peake Porter Powell Pruett Ralston Randall Reese Roberts Royal Rynders Sailor

E Scott, M Sellier Setzler Shaw Sheldon Shipp Sims, B Sims, F Sinkfield Smith, B Smith, L Smith, R Smith, T Smith, V
E Smyre Starr Talton Thomas, A.M Thomas, B Tumlin Walker Watson Wilkinson Willard Williams, A Williams, E Williams, M Williams, R Wix Yates Richardson,
Speaker

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

Representatives Channell of the 116th, Davis of the 109th, Floyd of the 99th, Golick of the 34th, Henson of the 87th, Holmes of the 61st, Jackson of the 161st, Lunsford of the 110th, Mangham of the 94th, Reece of the 11th, Rice of the 51st, Rogers of the 26th, Scott of the 153rd, Sims of the 169th, Stanley-Turner of the 53rd, Stephens of the 164th, Stephenson of the 92nd, and Teilhet of the 40th.

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They wish to be recorded as present.
Prayer was offered by Most Reverend Wilton D. Gregory, Archdiocese of Atlanta, Atlanta, Georgia.
The members pledged allegiance to the flag.
Representative Lakly of the 72nd, 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 545. By Representatives Yates of the 73rd, Lunsford of the 110th and Knight of the 126th:
A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that a superior court judge or district attorney who is an active member of the Georgia Judicial Retirement System may obtain creditable service for certain prior service as a circuit-paid assistant district attorney; to provide for application and payment of the full actuarial value of such service; to provide

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conditions and limitations; to provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 546. By Representatives Buckner of the 130th and Thomas of the 100th:
A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to air quality, so as to change certain provisions relating to permit requirements, applications, issuance, revocation, suspension, or amendment; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 547. By Representative Coleman of the 97th:
A BILL to be entitled an Act to authorize the City of Duluth 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 Intragovernmental Coordination - Local.
HB 548. By Representatives Buckner of the 130th, Thomas of the 100th, Porter of the 143rd, Reece of the 11th, Benfield of the 85th and others:
A BILL to be entitled an Act to amend Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Jekyll Island--State Park Authority, so as to provide legislative findings and declarations; to define certain terms; to restrict development of certain portions of Jekyll Island; to require the authority to adopt and enforce certain restrictions and requirements on construction of major facilities; to require the authority to impose restrictions and requirements on amounts of impervious surfaces on the island; to require the authority to impose certain restrictions and requirements on golf courses; to require the authority to impose certain restrictions and requirements on irrigation; to require the authority to impose certain height restrictions on buildings; to require the authority to impose certain restrictions on the number of housing units; to provide an effective date; to provide that certain contracts shall not be impaired; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on State Institutions & Property.
HB 549. By Representative Burkhalter of the 50th:
A BILL to be entitled an Act to amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to establish requirements for basic therapy services for children with disabilities; to provide for legislative findings; to provide for definitions; to provide certain requirements relating to administrative prior approval for services and appeals; to provide for a modification to the state plan for medical assistance regarding the rate of payment to providers of medical assistance services; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 550. By Representative Lindsey of the 54th:
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 change certain provisions relating to recovery of assistance from third parties liable for sickness, injury, disease, or disability; to expand certain obligations of insurers, managed health care entities, and pharmacy benefit managers; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 551. By Representative Lindsey of the 54th:
A BILL to be entitled an Act to amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to provide for the "State False Medicaid Claims Act"; to provide for a short title; to provide for legislative findings; to provide for definitions; to provide for liability to this state for certain false claims; to provide for civil actions for false Medicaid claims; to provide for exclusions for certain civil actions; to provide for procedure; to provide for burden of proof; to provide for whistleblower protection; to provide for statute of limitations; to provide for venue; 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.

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643

HB 552. By Representative Everson of the 106th:
A BILL to be entitled an Act to authorize the City of Snellville 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 Intragovernmental Coordination - Local.
HB 553. By Representatives Murphy of the 120th, Frazier of the 123rd and Howard of the 121st:
A BILL to be entitled an Act to amend an Act providing for the consolidation of Richmond County and the City of Augusta, approved March 27, 1995 (Ga. L. 1995, p. 3648), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3769), so as to provide for the election and terms of the members of the Augusta-Richmond County Commission; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 554. By Representatives Murphy of the 120th, Frazier of the 123rd and Howard of the 121st:
A BILL To be entitled an Act to amend an Act creating the Civil Court of Richmond County, approved August 28, 1931 (Ga. L. 1931, p. 270), as amended, particularly by an Act approved February 10, 1999 (Ga. L. 1999, p. 3508), so as to provide for the election and terms of the marshal of the Civil Court of Richmond County; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 555. By Representative Shaw of the 176th:
A BILL to be entitled an Act to create a board of elections and registration for Clinch County and provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of its members; to provide for the qualification, terms, and removal of members and for filling vacancies; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve

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certain officers of certain powers and duties and 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 officers 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 for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 556. By Representatives Benton of the 31st, Stephens of the 164th, Parrish of the 156th 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 require prescriptions for controlled substances and dangerous drugs to have the practitioner's name printed below the practitioner's signature on such prescriptions; 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 Judiciary Non-Civil.
HB 557. By Representatives Heckstall of the 62nd, Brooks of the 63rd and Morgan of the 39th:
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 an applicant for medical assistance born prior to December 31, 1919, shall not be required to have a birth certificate as proof of identification for purposes of eligibility for medical assistance; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 558. By Representatives Dickson of the 6th, Forster of the 3rd, Williams of the 4th, Jamieson of the 28th and Ralston of the 7th:

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A BILL to be entitled an Act to amend Code Section 36-36-2 of the Official Code of Georgia Annotated, relating to the effective date of annexations, so as to provide for a phased-in allocation of ad valorem taxes levied for educational purposes between counties and municipalities containing an independent school system for annexation of certain property; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 559. By Representatives Kaiser of the 59th, Sheldon of the 105th, Ashe of the 56th, Jones of the 46th, Thomas of the 55th and others:
A BILL to be entitled an Act to amend Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for teachers and other school personnel in elementary and secondary education, so as to provide for teachers and employees of charter schools to be considered employees for purposes of participating in the health insurance plans for teachers and other school personnel; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 560. By Representative Day of the 163rd:
A BILL to be entitled an Act to amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to use of speed detection and trafficcontrol signal monitoring devices, so as to change certain provisions relating to speed detection devices; to define a term; to provide certain restrictions for photographic speed detection devices; 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 561. By Representatives Thomas of the 100th, Bryant of the 160th, Williams of the 165th, Murphy of the 120th, Talton of the 145th and others:
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 exemptions from ad valorem taxation, so as to change provisions relating to homestead exemptions for disabled veterans; to grant a new exemption for any veteran with a total or partial service connected permanent disability; to provide that the percentage of the homestead exempted shall be the same as the

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percentage of disability; to provide for continuation of the exemption for an unremarried surviving spouse or minor children; to provide for the preservation of previously granted exemptions; to provide for related matters; to provide for a referendum election to determine the effectiveness of the foregoing; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 562. By Representatives Dollar of the 45th, Cheokas of the 134th and Roberts of the 154th:
A BILL to be entitled an Act to amend Code Section 7-6A-2 of the Official Code of Georgia Annotated, containing definitions relative to fair lending, so as to add a definition for temporary loan; 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 563. By Representatives Dollar of the 45th, Ehrhart of the 36th and Harbin of the 118th:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for the manufacture, distribution, and sale of malt beverages, so as to provide for the sale of malt beverages manufactured by the brewer for consumption on the premises and in closed packages in limited quantities for consumption off the premises; to provide for definitions of certain terms; to provide for tasting rooms; to provide for license requirements; to provide for bonds; to provide for the payment of taxes; to authorize certain sales under limited circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 564. By Representatives Dollar of the 45th, Cheokas of the 134th and Roberts of the 154th:
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 include the act when the accused had insufficient funds in the account at the time the instrument was made and immediately stopped payment on the instrument; to provide for starter checks; to make an exception for rental

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payments; 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 Judiciary Non-Civil.
HB 565. By Representatives Dollar of the 45th, Lane of the 167th and Roberts of the 154th:
A BILL to be entitled an Act to amend Code Section 12-7-17 of the Official Code of Georgia Annotated, relating to exemptions from the control of soil erosion and sedimentation, so as to add an exemption for removal of beaver dams; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 566. By Representative Lindsey of the 54th:
A BILL to be entitled an Act to amend Code Section 36-82-61 of the Official Code of Georgia Annotated, relating to definitions of terms used in Article 3 of Chapter 82 of Title 36, known as the "Revenue Bond Law," so as to enlarge the definition of "undertaking" to include the establishment of a trust fund to liquidate the unfunded accrued actuarial liability for pension or other postemployment benefits; to amend Article 1 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds in general, so as to repeal provisions relating to pension obligation bonds; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 567. By Representative Dollar of the 45th:
A BILL to be entitled an Act to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, so as to provide for rebates to be mailed to consumers within a certain time frame; to provide that terms of rebate offers shall be disclosed; to provide for a definition; 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 Agriculture & Consumer Affairs.

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HB 569. By Representatives Beasley-Teague of the 65th, Brooks of the 63rd, Lucas of the 139th, Sinkfield of the 60th and Mitchell of the 88th:
A BILL to be entitled an Act to amend Code Section 12-8-24 of the Official Code of Georgia Annotated, relating to permits for solid waste or special solid waste handling, disposal, or thermal treatment technology facility and inspection of solid waste generators, so as to change certain provisions relating to permit requirement; to provide for authorization by local Act of the General Assembly as a precondition for the granting of a permit for construction of a new landfill; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 570. By Representatives Jackson of the 161st, Murphy of the 120th and Dukes of the 150th:
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 enact the "Career Academies Act of 2007"; to provide for legislative intent; to provide for definitions; to provide for the disbursement of funds by the State Board of Technical and Adult Education for career academies established as charter schools; to provide that the Board of Technical and Adult Education divide the state into regions; to provide for a matching requirement; to provide for eligibility criteria; to provide for an annual report; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
HB 571. By Representatives Stephenson of the 92nd, Ralston of the 7th, Sinkfield of the 60th, Mosby of the 90th, Houston of the 170th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to granting of relief by superior courts, so as to revise the definition of 'family violence' to include interfering with a 9-1-1 call; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 572. By Representatives Beasley-Teague of the 65th, Brooks of the 63rd, Mitchell of the 88th, Mangham of the 94th and Stephenson of the 92nd:

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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 require the State of Georgia and certain employers who contract with or receive financial assistance from the state or a state agency to pay its employees a living wage; to provide definitions; to provide the method of computing a living wage; to provide for notice requirements; to provide for recordkeeping; to prohibit employer retaliation; to authorize the Commissioner of Labor to enforce the provisions of this chapter; to authorize the Commissioner of Labor to adopt applicable rules; to provide for claims; to provide for penalties; to provide for related matters; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 573. By Representative Morris of the 155th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Lyons 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 applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 574. By Representative Morris of the 155th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Vidalia independent school district ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 575. By Representative Morris of the 155th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Santa Claus 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 applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 576. By Representative Morris of the 155th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Vidalia 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 applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 577. By Representatives Smith of the 70th, Forster of the 3rd, Lewis of the 15th, Smith of the 113th, Amerson of the 9th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of the Official Code of Georgia Annotated, relating to imposition and computation of income taxes, so as to provide for a tax credit for certain energy efficient homes; to provide a short title; to define terms; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 578. By Representatives Ralston of the 7th, Fleming of the 117th, Bearden of the 68th and Lunsford of the 110th:

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A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus procedure for persons under sentence of state court of record, so as to change certain provisions relating to petitions challenging for the first time state court proceedings resulting in a death sentence; to provide for procedural time frames for petitions challenging for the first time state court proceedings resulting in a death sentence; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 579. By Representative Scott of the 153rd:
A BILL to be entitled an Act to amend Part 2 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens by landlords, so as to provide for certain definitions; to provide for the assessment of certain storage charges on certain manufactured or mobile homes by real property owners; 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.
HB 580. By Representative Williams of the 178th:
A BILL to be entitled an Act to amend an Act providing for the compensation and selection of the Board of Education of Pierce County, approved April 12, 1982 (Ga. L. 1982, p. 4649), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4642), so as to provide for the salary and expenses of the members of such board of education; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 581. By Representatives Channell of the 116th, Manning of the 32nd, Stephenson of the 92nd, Carter of the 159th, Mitchell of the 88th and others:
A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for extensive revision of the certificate of need program; to revise the declaration of policy for state health planning; to revise and add definitions; to revise the composition and

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duties of the Health Strategies Council; to revise the duties of the Department of Community Health; to provide for graduated fines for noncompliance with notice provisions; to revise provisions relating to the scope and validity of a certificate of need; to provide for specific conditions for the issuance of a certificate of need; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Committee on Certificate of Need.
HB 582. By Representative Shaw of the 176th:
A BILL to be entitled an Act to amend an Act creating the Small Claims Court of Lanier County, now the Magistrate Court of Lanier County, approved April 6, 1981 (Ga. L. 1981, p. 3452), so as to provide that on and after January 1, 2009, the probate judge shall serve as chief magistrate of the Magistrate Court of Lanier County; to provide for the number and method of appointment for magistrates serving in such court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 583. By Representative Heard of the 104th:
A BILL to be entitled an Act to amend Code Section 33-7-15 of the Official Code of Georgia Annotated, relating to cooperation by insured with insurer in connection with the defense of an action or threatened action under a policy, so as to require that insureds send notice of legal actions to their insurers; to provide for method of providing such notice; to provide for the effect of failure to provide such notice; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 584. By Representatives Hill of the 21st, McCall of the 30th and England of the 108th:
A BILL to be entitled an Act to amend Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to sale of agricultural and forest products, so as to provide for the regulation of agritourism activities; to provide for legislative intent; to provide for definitions; to provide for limitations regarding liability; to provide for related matters; to repeal conflicting laws; and for other purposes.

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653

Referred to the Committee on Judiciary.
HB 585. By Representatives Burkhalter of the 50th, Harbin of the 118th, Coan of the 101st, Everson of the 106th, May of the 111th and others:
A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the elimination of ad valorem property taxes on qualified motor vehicles over a four-year period; to provide for qualified motor vehicle tax relief grants; 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 for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HR 374. By Representatives Dickson of the 6th, Forster of the 3rd, Williams of the 4th, Jamieson of the 28th and Ralston of the 7th:
A RESOLUTION proposing an amendment to the Constitution of Georgia so as to provide that if nonresidential property is annexed into a municipality, the ad valorem school taxes on that property will remain with the county school system unless otherwise provided by the General Assembly by local Act or by agreement between the county school system and the independent school system; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Ways & Means.
HR 375. By Representatives Scott of the 2nd, Barnard of the 166th, Cheokas of the 134th, Lewis of the 15th and Knox of the 24th:
A RESOLUTION creating the House Study Committee on Prison System Terrorist Recruitment; and for other purposes.
Referred to the Committee on State Institutions & Property.
HR 411. By Representatives Wilkinson of the 52nd, Knox of the 24th, Lindsey of the 54th, Maxwell of the 17th and Meadows of the 5th:
A RESOLUTION urging insurance companies in Georgia to provide discounted rates on automobile policies for drivers who have training and

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certification in the use of automated external defibrillators; and for other purposes.
Referred to the Committee on Insurance.
HR 412. By Representatives Wilkinson of the 52nd, Cooper of the 41st, Dempsey of the 13th, Sims of the 119th, Jackson of the 161st and others:
A RESOLUTION creating the Joint Study Committee on Layperson Training in Automated External Defibrillators; and for other purposes.
Referred to the Committee on Health & Human Services.
HR 413. By Representatives Bearden of the 68th, Benton of the 31st, Talton of the 145th, Everson of the 106th, Reese of the 98th and others:
A RESOLUTION proposing an amendment to the Constitution so as to declare English as the official language of the State of Georgia; to provide for findings; to provide that official state actions be in English; to prohibit any requirement that any language other than English be used in any documents, regulations, orders, transactions, proceedings, meetings, programs, or publications; to prohibit discrimination, penalties, or other limits on participation against persons who speak only English; to provide for exceptions; to provide for certain rights of action; to provide for severability; 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 414. By Representative Sims of the 169th:
A RESOLUTION dedicating the SFC Nathan B. Simmons and SSGT James Q. Simmons Memorial Bridge; and for other purposes.
Referred to the Committee on Transportation.
HR 415. By Representatives Cheokas of the 134th, Wilkinson of the 52nd, Walker of the 107th, Keown of the 173rd, Davis of the 122nd and others:
A RESOLUTION urging the Government of Turkey to grant the Ecumenical Patriarch appropriate international recognition, ecclesiastical succession, and the right to train clergy of all nationalities and to respect the property rights and human rights of the Ecumenical Patriarchate; and for other purposes.

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655

Referred to the Committee on Human Relations & Aging.

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

HB 586. By Representatives Ralston of the 7th and Fleming of the 117th:

A BILL to be entitled an Act to amend Code Section 17-12-127 of the Official Code of Georgia Annotated, relating to representation and appointment of alternative attorneys, so as to change matters relating to appointment of counsel and attorneys fees in capital cases; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary Non-Civil.

HB 587. By Representatives May of the 111th, Harbin of the 118th, Fleming of the 117th and Roberts of the 154th:

A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to the distribution, storage, and sale of gas, so as to provide for revocation of a certificate of public convenience and necessity if the holder of the certificate has not within five years of receiving the certificate begun construction or operation of any pipeline, or distribution system, or any extension thereof, in substantially all of the territory covered by such certificate; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Energy, Utilities & Telecommunications.

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

HB 523 HB 524 HB 525 HB 526 HB 527 HB 528 HB 529 HB 530 HB 531 HB 532 HB 533

HB 540 HB 541 HB 542 HB 543 HB 544 HB 568 HR 349 HR 350 HR 351 HR 352 HR 369

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HB 534 HB 535 HB 536 HB 537 HB 538 HB 539

HR 370 HR 376 SB 60 SB 84 SB 95 SB 107

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 has instructed me to report the same back to the House with the following recommendations:

HB 433 Do Pass, by Substitute HB 522 Do Pass, by Substitute

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 of the House and has instructed me to report the same back to the House with the following recommendations:

HB 48 HB 311 HB 363

Do Pass, by Substitute Do Pass Do Pass

Respectfully submitted, /s/ Harbin of the 118th
Chairman

Representative Mills of the 25th District, Chairman of the Committee on Banks and Banking, submitted the following report:

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657

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 163 Do Pass, by Substitute
Respectfully submitted, /s/ Mills of the 25th
Chairman
Representative Royal of the 171st District, Chairman of the Committee on Budget and Fiscal Affairs Oversight, submitted the following report:
Mr. Speaker:
Your Committee on Budget and Fiscal Affairs Oversight 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 529 Do Pass
Respectfully submitted, /s/ Royal of the 171st
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 280 Do Pass, by Substitute
Respectfully submitted, /s/ Manning of the 32nd
Chairman

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Representative Lane of the 158th District, Chairman of the Committee on Game, Fish and Parks, submitted the following report:

Mr. Speaker:

Your Committee on Game, Fish and Parks has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 418 Do Pass HB 510 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 109 HB 181 HB 232

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

HB 247 HB 265 HB 487

Do Pass, by Substitute Do Pass 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 203 Do Pass, by Substitute

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659

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 Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 505 Do Pass HR 55 Do Pass
Respectfully submitted, /s/ Walker of the 107th
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 Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 191 Do Pass HR 351 Do Pass, by Substitute
Respectfully submitted, /s/ Rynders of the 152nd
Chairman
Representative Rynders of the 152nd District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:
Mr. Speaker:
Your Committee on Intragovernmental Coordination - 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:

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HB 493 HB 499 HB 501 HB 502 HB 506

Do Pass Do Pass Do Pass Do Pass Do Pass

HB 508 HB 509 HB 513 HB 520 SB 126

Do Pass Do Pass Do Pass Do Pass 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:

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 179 HB 292 HB 386

Do Pass Do Pass, by Substitute 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 50 Do Pass, by Substitute HB 259 Do Pass, by Substitute

Respectfully submitted, /s/ Ralston of the 7th
Chairman

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661

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 17 HB 69 HB 174 HB 183

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

HB 254 HB 457 HB 485

Do Pass Do Pass, by Substitute 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:

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 541 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:

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HB 30 HB 148 HB 182 HB 186 HB 193 HB 219 HB 225

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

HB 264 HB 321 HB 353 HB 354 HB 374 HB 410

Do Pass Do Pass Do Pass, by Substitute Do Pass, by Substitute 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 TUESDAY, FEBRUARY 27, 2007

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 78

Bona fide conservation use property; additional acts; provisions (Substitute)(W&M-171st)

HB 139

Estates and wills; descent and distribution; provisions (Substitute)(Judy49th)

HB 202

Transportation, Department of; contractors; eligibility; provisions (Trans118th)

HB 368

Public Safety, Department of; sell and purchase of motor vehicles; allow commissioner (B&FAO-27th)

Modified Open Rule

None

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663

Modified Structured Rule

HB 221

Professional malpractice charges; affidavit; change certain provisions (Substitute)(Judy-104th)

Structured Rule

HB 128

Sales and use tax exemption; certain school supplies; energy efficient products; provide (W&M-70th)

HB 162

Sales and use tax; performing arts amphitheater facilities; provide exemption (Substitute)(W&M-47th)

HB 357 Revenue and taxation; define certain terms; provisions (W&M-146th)

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

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

Representative Rynders of the 152nd moved that the following Bill of the House be withdrawn from the Local Calendar and recommitted to the Committee on Intragovernmental Coordination - Local:

SB 126. By Senator Bulloch of the 11th:

A BILL to be entitled an Act to create the Decatur County School Building Authority and to authorize such authority to provide, acquire, construct, equip, maintain, and operate public service facilities, to acquire the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real and personal property; to confer powers and to impose duties on the authority; to provide for the membership and for the appointment of members of the authority and their term of tenure and compensation; to provide that bonds or obligations be validated as authorized by Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, the "Revenue Bond Law"; to provide for construction; to repeal conflicting laws; and for other purposes.

The motion prevailed.

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By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 493. By Representative Chambers of the 81st:
A BILL to be entitled an Act to provide for a homestead exemption from City of Doraville ad valorem taxes for municipal purposes for the full value of the homestead for residents of that city who are 70 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 499. By Representatives Day of the 163rd, Carter of the 159th, Bryant of the 160th, Gordon of the 162nd and Stephens of the 164th:
A BILL to be entitled an Act to amend an Act providing for the compensation of certain officials in Chatham County, approved March 26, 1986 (Ga. L. 1986, p. 4797), as amended by an Act approved April 21, 1997 (Ga. L. 1997, p. 4446), so as to change the compensation of the judges of the recorder's court, judge of the probate court, judges of the juvenile court, judges of the state court, and judges of the magistrate court; to remove costof-living increases; 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 501. By Representative Jenkins of the 8th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Hiawassee 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 allow such exemption to continue to be received by an unremarried surviving spouse or the child, children, grandchild, or grandchildren of the deceased spouse; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

TUESDAY, FEBRUARY 27, 2007

665

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 502. By Representative Jenkins of the 8th:
A BILL to be entitled an Act to provide for a homestead exemption from Towns 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 allow such exemption to continue to be received by an unremarried surviving spouse or the child, children, grandchild, or grandchildren of the deceased spouse; 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 506. By Representatives Mitchell of the 88th, Stephenson of the 92nd, Jacobs of the 80th, Oliver of the 83rd, Levitas of the 82nd and others:
A BILL to be entitled an Act to amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, approved March 21, 1974 (Ga. L. 1974, p. 391), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4696), an Act approved April 15, 1992 (Ga. L. 1992, p. 6269), an Act approved March 27, 1995 (Ga. L. 1995, p. 3521), an Act approved April 2, 1998 (Ga. L. 1998, p. 4075), and an Act approved May 6, 2005 (Ga. L. 2005, p. 3782), so as to increase the amount of such supplement; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 508. By Representatives Mumford of the 95th, Sailor of the 93rd, Mangham of the 94th and Stephenson of the 92nd:
A BILL to be entitled an Act to amend an Act creating the State Court of Rockdale County, approved April 2, 1987 (Ga. L. 1987, p. 5452), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4764), so as to change the provisions relating to the salary of the judge of

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said 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 509. By Representative Jenkins of the 8th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Young Harris 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 allow such exemption to continue to be received by an unremarried surviving spouse or the child, children, grandchild, or grandchildren of the deceased spouse; 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 513. By Representatives Day of the 163rd, Carter of the 159th, Bryant of the 160th, Gordon of the 162nd and Stephens of the 164th:
A BILL to be entitled an Act to amend an Act authorizing the governing authority of Chatham County to provide an additional supplement to the salaries of each of the judges of the superior courts of the Eastern Judicial Circuit, approved April 6, 1981 (Ga. L. 1981, p. 548), as amended by an Act approved April 14, 1997 (Ga. L. 1997, p. 4108), so as to provide an additional supplement to the salary of the chief judge of the Eastern 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 520. By Representative Heard of the 104th:
A BILL to be entitled an Act to authorize the City of Lawrenceville 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

TUESDAY, FEBRUARY 27, 2007

667

referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

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

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

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

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A
Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes E Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield E Heard, J Y Heard, K
Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A Y Holmes

Y Holt Horne
Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson
Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord
Loudermilk Y Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin

Y Martin Y Maxwell
May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver
O'Neal Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Scott, A

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

On the passage of the Bills, the ayes were 159, nays 0.

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The Bills, having received the requisite constitutional majority, were passed.
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 passed by the requisite constitutional majority the following bills of the Senate and House:
SB 27. By Senators Johnson of the 1st and Chapman of the 3rd:
A BILL to be entitled an Act to amend Code Section 52-7-71 of the Official Code of Georgia Annotated, relating to removal and storage of vessels and procedures therefor, so as to provide for revocation of certificates of number for abandoned vessels which have not been redeemed; to prohibit issuing new certificates of number or motor vehicle registrations for abandoned vessels that have not been redeemed; to repeal conflicting laws; and for other purposes.
SB 114. By Senators Shafer of the 48th, Williams of the 19th, Johnson of the 1st, Rogers of the 21st, Pearson of the 51st and others:
A BILL to be entitled an Act to amend Chapter 40 of Title 43 of the O.C.G.A., relating to real estate brokers and salespersons, so as to provide that certain time periods shall have passed after completing the terms and conditions of a sentence for certain criminal convictions before making an application for licensure; to provide for additional criminal offenses for which the Georgia Real Estate Commission may deny a license; to change the term "in-class hour" to "instructional hour"; to change the number of instructional hours for a broker prelicense course of study; to change the required number of continuing education hours; to provide for certain provisions relating to persons on active military duty or serving in the General Assembly; to permit the commission to provide certain educational materials to consumers; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 120. By Senators Whitehead, Sr. of the 24th, Grant of the 25th, Murphy of the 27th and Thomas of the 54th:

TUESDAY, FEBRUARY 27, 2007

669

A BILL to be entitled an Act to amend Code Section 50-16-38 of the Official Code of Georgia Annotated, relating to state agencies acquiring real property through the State Properties Commission, so as to remove certain exceptions to the requirement that acquisitions of real property generally must be conducted through the commission; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
HB 245. By Representative Barnard of the 166th:
A BILL to be entitled an Act to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to law enforcement officers and agencies, so as to repeal certain provisions relating to a passenger motor vehicle for the warden of Georgia State Prison to be furnished by the Department of Public Safety; 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 27. By Senators Johnson of the 1st and Chapman of the 3rd:
A BILL to be entitled an Act to amend Code Section 52-7-71 of the Official Code of Georgia Annotated, relating to removal and storage of vessels and procedures therefor, so as to provide for revocation of certificates of number for abandoned vessels which have not been redeemed; to prohibit issuing new certificates of number or motor vehicle registrations for abandoned vessels that have not been redeemed; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
SB 114. By Senators Shafer of the 48th, Williams of the 19th, Johnson of the 1st, Rogers of the 21st, Pearson of the 51st and others:
A BILL to be entitled an Act to amend Chapter 40 of Title 43 of the O.C.G.A., relating to real estate brokers and salespersons, so as to provide that certain time periods shall have passed after completing the terms and conditions of a sentence for certain criminal convictions before making an application for licensure; to provide for additional criminal offenses for which the Georgia Real Estate Commission may deny a license; to change the term "in-class hour" to "instructional hour"; to change the number of instructional hours for a broker prelicense course of study; to change the

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required number of continuing education hours; to provide for certain provisions relating to persons on active military duty or serving in the General Assembly; to permit the commission to provide certain educational materials to consumers; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
SB 120. By Senators Whitehead, Sr. of the 24th, Grant of the 25th, Murphy of the 27th and Thomas of the 54th:
A BILL to be entitled an Act to amend Code Section 50-16-38 of the Official Code of Georgia Annotated, relating to state agencies acquiring real property through the State Properties Commission, so as to remove certain exceptions to the requirement that acquisitions of real property generally must be conducted through the commission; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Institutions & Property.
The Speaker Pro Tem assumed the Chair.
The following members were recognized during the period of Morning Orders and addressed the House:
Sims of the 119th, Holmes of the 61st, Wilkinson of the 52nd, Benfield of the 85th, and Dukes of the 150th.
The Speaker assumed the Chair.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 416. By Representative Knox of the 24th:
A RESOLUTION recognizing February 27, 2007, as "Catholic Day at the Capitol" in the State of Georgia; and for other purposes.
HR 417. By Representative Howard of the 121st:
A RESOLUTION honoring the life and memory of entertainer James Brown; and inviting Dr. Yamma Brown Lumar, Deanna Brown Thomas, Venisha

TUESDAY, FEBRUARY 27, 2007

671

Brown, Terry Brown, Daryl Brown, and Larry Brown 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 Higher Education:
HB 152. By Representatives Lunsford of the 110th, Stephens of the 164th, Mills of the 25th, Coan of the 101st, Hembree of the 67th and others:
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 qualified students who complete a home study course and who score in the ninetieth percentile or higher on a standardized college admission test shall be eligible for the HOPE scholarship; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Governmental Affairs:
HB 181. By Representatives Jacobs of the 80th, Millar of the 79th, Chambers of the 81st, Levitas of the 82nd, Oliver of the 83rd and others:
A BILL to be entitled an Act to amend Chapter 75 of Title 36 of the Official Code of Georgia Annotated, relating to war on terrorism local assistance, so as to provide for limitations with respect to the creation, activation, and activities of public safety and judicial facilities authorities and joint public safety and judicial facilities authorities; to provide for legislative intent; to provide an effective date; to repeal conflicting laws; and for other purposes.
By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Judiciary Non-Civil:
HB 286. By Representatives Stephens of the 164th, Parrish of the 156th 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 II controlled substances; to change certain provisions relating to Schedule V controlled substances; to change certain provisions relating to the definition of "dangerous drug"; to provide an effective date; to repeal conflicting laws; and for other purposes.

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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 184 HR 211 HR 259

Do Pass Do Pass Do Pass

HR 371 HR 416 HR 417

Do Pass Do Pass Do Pass

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

HR 184. By Representatives Sellier of the 136th and James of the 135th:

A RESOLUTION commending the Georgia Peach Festival and inviting the 2006 Georgia Peach Queens to appear before the House of Representatives; and for other purposes.

HR 211. By Representatives Glanton of the 76th, Johnson of the 75th, Starr of the 78th, Abdul-Salaam of the 74th and Jordan of the 77th:

A RESOLUTION commending Mr. Hines Ward, Jr., and inviting him to appear before the House of Representatives; and for other purposes.

HR 259. By Representatives Benfield of the 85th, Watson of the 91st, Stephenson of the 92nd, Mosby of the 90th, Mitchell of the 88th and others:

A RESOLUTION Commending Mr. James "Red" Moore and inviting him to appear before the House of Representatives; and for other purposes.

HR 371. By Representative Floyd of the 147th:

A RESOLUTION recognizing the Cordele-Crisp County Fish Fry and commending Mr. Larry Bullock, Mr. Jimmy Black, Mr. William Culpepper, Mr. Bub Denham and the Cordele-Crisp County Fish Fry cooking team; and for other purposes.

HR 416. By Representative Knox of the 24th:

A RESOLUTION recognizing February 27, 2007, as "Catholic Day at the Capitol" in the State of Georgia; and for other purposes.

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673

HR 417. By Representative Howard of the 121st:
A RESOLUTION honoring the life and memory of entertainer James Brown; and inviting Dr. Yamma Brown Lumar, Deanna Brown Thomas, Venisha Brown, Terry Brown, Daryl Brown, and Larry Brown 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 418. By Representatives Drenner of the 86th, Sinkfield of the 60th, Mosby of the 90th, Lucas of the 139th, Holmes of the 61st and others:
A RESOLUTION commending Tyler Perry and inviting "Madea in the House"; and for other purposes.
HR 419. By Representatives Harbin of the 118th, Fleming of the 117th and Sims of the 119th:
A RESOLUTION congratulating the Lakeside High School golf team on winning the 2007 Class AAAA state golf championship and 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 78. By Representatives Royal of the 171st, England of the 108th, McCall of the 30th, Roberts of the 154th, Hill of the 21st and others:
A BILL to be entitled an Act to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, so as to provide for additional acts which shall not constitute a breach of a conservation use covenant; to provide for a definition; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, so as to provide for additional acts which shall not

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constitute a breach of a conservation use covenant; to provide for a definition; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, is amended in subsection (p) by replacing "; or" at the end of paragraph (5) with a semicolon; by replacing the period at the end of paragraph (6) with "; or"; and by adding a new paragraph to read as follows:
"(7) (A) Allowing all or part of the property subject to the covenant to be used for agritourism purposes. (B) As used in this paragraph, the term 'agritourism' means charging admission for persons to visit, view, or participate in the operation of a farm or dairy or production of farm or dairy products for entertainment or educational purposes or selling farm or dairy products to persons who visit such farm or dairy."

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A
Carter, B Y Casas

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes E Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake

E Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet

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675

Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S
Day

Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield E Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

Y Lakly Y Lane, B Y Lane, R Y Levitas 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 Pruett Y Ralston
Randall Y Reece Y Reese Y Rice Y Roberts
Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, M 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 Carter of the 159th and Day of the 163rd stated that 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 202. By Representatives Harbin of the 118th, Fleming of the 117th and Sims of the 119th:

A BILL to be entitled an Act to amend Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for public works, 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.

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

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

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Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A
Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes E Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield E Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James
Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts
Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the passage of the Bill, the ayes were 169, nays 0.

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

Representative Carter of the 159th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon

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:

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677

HB 156 HB 274 HB 369

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

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 were taken up for consideration and read the third time:

HB 357. By Representative O`Neal of the 146th:

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 define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" for certain taxable years and thereby incorporate certain provisions of the federal law into Georgia law; to provide that such provisions shall supercede and control over certain other provisions; to provide an effective date; to provide 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A
Carter, B Y Casas

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes E Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown
Knight Y Knox

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake

E Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet

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Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield E Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

Y Lakly Y Lane, B Y Lane, R Y Levitas 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 Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the passage of the Bill, the ayes were 172, nays 0.

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

Representative Carter of the 159th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 128. By Representatives Smith of the 70th, Jones of the 46th, England of the 108th, Mosby of the 90th, Nix of the 69th 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 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.

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes E Ehrhart Y England
Epps

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills

E Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C

TUESDAY, FEBRUARY 27, 2007

679

Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield E Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A
Holmes

Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S
Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese
Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the passage of the Bill, the ayes were 169, nays 0.

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

HB 139. By Representatives Willard of the 49th, Lindsey of the 54th, Lane of the 167th, Tumlin of the 38th, Oliver of the 83rd and others:

A BILL to be entitled an Act to amend Code Section 53-1-20 and Article 1 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating, respectively, to renouncing succession and to general provisions relative to descent and distribution, so as to correct a cross-reference; to provide for forfeiture of an intestate share of an estate under certain circumstances; to provide for definitions; to provide for notice of proceedings; to provide for an appointment of a guardian ad litem under certain circumstances; to provide for judicial proceedings and standard of proof; to change certain provisions relating to the rules of inheritance when a decedent dies without a will; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

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A BILL
To amend Code Section 53-1-20 and Article 1 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating, respectively, to renouncing succession and to general provisions relative to descent and distribution, so as to correct a cross-reference; to provide for forfeiture of an intestate share of an estate under certain circumstances; to provide for definitions; to provide for notice of proceedings; to provide for an appointment of a guardian ad litem under certain circumstances; to provide for judicial proceedings and standard of proof; to change certain provisions relating to the rules of inheritance when a decedent dies without a will; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 53-1-20 of the Official Code of Georgia Annotated, relating to renouncing succession, is amended by revising subsection (f) as follows:
"(f)(1) Except as otherwise provided by the will or other governing instrument, a renunciation shall cause the renounced property to pass as if the person renouncing had predeceased the decedent or, in the case of property passing upon exercise of a power of appointment, as if the person renouncing had predeceased the holder of the power, even if the acceleration of a contingent remainder or other interest results. A will or other governing instrument may otherwise provide expressly or by implication, but the fact that a remainder or other future interest following a renounced interest is conditioned upon surviving the holder of such renounced interest shall not, without more, be sufficient to indicate that such conditioned interest should not accelerate by reason of such renunciation. Notwithstanding the foregoing, solely for the purposes of the last clause of paragraph (5) and the last clause of paragraph (7) of subsection (b) (c) of Code Section 53-2-1, any individual renouncing who is the only sibling or the only aunt or uncle surviving the decedent shall not be deemed to have predeceased the decedent. (2) Renounced property that is the subject of an attempted outright gift shall be treated as an incomplete gift. (3) A renounced power over property shall be treated as if such power had not been created with respect to the person renouncing such power. (4) The expression in a renunciation of an intent or desire that the property pass to certain persons shall be considered merely precatory and shall have no legal effect unless specifically declared to be a condition of the renunciation."
SECTION 2. Article 1 of Chapter 2 of Title 53, relating to general provisions relative to descent and distribution, is amended in Code Section 53-2-1, relating to rules of inheritance when a decedent dies without a will, by revising said Code section as follows:

TUESDAY, FEBRUARY 27, 2007

681

"53-2-1. (a) As used in this Code section, the term:
(1)(A) 'Abandon' means that a parent of a minor child, without justifiable cause, fails to communicate with the minor child, care for the minor child, and provide for the minor child's support as required by law or judicial decree for a period of at least one year immediately prior to the date of the death of the minor. (B) 'Abandonment' means the act of abandoning. (2) 'Minor child' means a person who is less than 18 years of age. (a)(b) For purposes of this Code section: (1) Children of the decedent who are born after the decedent's death are considered children in being at the decedent's death, provided they were conceived prior to the decedent's death, were born within ten months of the decedent's death, and survived 120 hours or more after birth; and (2) The half-blood, whether on the maternal or paternal side, are considered equally with the whole-blood, so that the children of any common parent are treated as brothers and sisters to each other. (b)(c) Except as provided in subsection (d) of this Code section, when When a decedent died without a will, the following rules shall determine such decedent's heirs: (1) Upon the death of an individual who is survived by a spouse but not by any child or other descendant, the spouse is the sole heir. If the decedent is also survived by any child or other descendant, the spouse shall share equally with the children, with the descendants of any deceased child taking that child's share, per stirpes; provided, however, that the spouse's portion shall not be less than a one-third share; (2) If the decedent is not survived by a spouse, the heirs shall be those relatives, as provided in this Code section, who are in the nearest degree to the decedent in which there is any survivor; (3) Children of the decedent are in the first degree, and those who survive the decedent shall share the estate equally, with the descendants of any deceased child taking, per stirpes, the share that child would have taken if in life; (4) Parents of the decedent are in the second degree, and those who survive the decedent shall share the estate equally; (5) Siblings of the decedent are in the third degree, and those who survive the decedent shall share the estate equally, with the descendants of any deceased sibling taking, per stirpes, the share that sibling would have taken if in life; provided, however, that, subject to the provisions of paragraph (1) of subsection (f) of Code Section 53-1-20, if no sibling survives the decedent, the nieces and nephews who survive the decedent shall take the estate in equal shares, with the descendants of any deceased niece or nephew taking, per stirpes, the share that niece or nephew would have taken if in life; (6) Grandparents of the decedent are in the fourth degree, and those who survive the decedent shall share the estate equally; (7) Uncles and aunts of the decedent are in the fifth degree, and those who survive the decedent shall share the estate equally, with the children of any deceased uncle or

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aunt taking, per stirpes, the share that uncle or aunt would have taken if in life; provided, however, that, subject to the provisions of paragraph (1) of subsection (f) of Code Section 53-1-20, if no uncle or aunt of the decedent survives the decedent, the first cousins who survive the decedent shall share the estate equally; and (8) The more remote degrees of kinship shall be determined by counting the number of steps in the chain from the relative to the closest common ancestor of the relative and decedent and the number of steps in the chain from the common ancestor to the decedent. The sum of the steps in the two chains shall be the degree of kinship, and the surviving relatives with the lowest sum shall be in the nearest degree and shall share the estate equally. (d) Except as provided in Code Sections 19-7-1 and 51-4-4 for the right of recovery for the wrongful death of a child, when a minor child dies without a will, a parent who willfully abandoned his or her minor child and has maintained such abandonment shall lose all right to intestate succession to the minor child's estate and shall not have the right to administer the minor child's estate. A parent who has been deprived of the custody of his or her minor child under an order of a court of competent jurisdiction and who has substantially complied with the support requirements of the order shall not be barred from inheriting from the minor child's estate. (e) For cases in which abandonment is alleged, the moving party shall file a motion with the probate court requesting the judge to determine the issue of abandonment and shall serve all parties as set forth in subsection (f) of this Code section. A hearing shall be conducted and all parties shall have the opportunity to present evidence regarding the party's relationship with the decedent. The burden of proof to show an abandonment is on the person asserting the abandonment by clear and convincing evidence. (f) All parties to a motion filed pursuant to subsection (e) of this Code section shall be served in accordance with Chapter 11 of this title. If a party cannot be personally served and the party's interest in an estate is subject to forfeiture pursuant to subsection (d) of this Code section, the judge shall appoint a guardian ad litem for the party. If a party cannot be personally served, the citation shall also be published in the newspaper in which sheriff's advertisements are published in the county where the party was last known to reside. (g) In the event that a parent is disqualified from taking a distributive share in the estate of a decedent under subsection (d) of this Code section, the estate of such decedent shall be distributed in accordance with subsection (c) of this Code section as though the parent had predeceased the decedent."
SECTION 3. This Act shall become effective on July 1, 2007.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

TUESDAY, FEBRUARY 27, 2007

683

The report of the Committee, which was favorable to the passage of the Bill, 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler
Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H
Davis, S Y Day

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes E Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield E Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y Martin Y Maxwell
May Y McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

E Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet
Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M 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 221. By Representatives Heard of the 104th and Willard of the 49th:

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A BILL to be entitled an Act to amend Code Section 9-11-9.1 of the Official Code of Georgia Annotated, relating to the affidavit required to accompany charges of professional malpractice, so as to change certain provisions regarding when an affidavit is required to accompany an action for damages alleging professional malpractice; to provide for an effective date and applicability; 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 11 of Title 9 of the Official Code of Georgia Annotated, relating to pleadings and motions, so as to change certain provisions regarding when an affidavit is required to accompany an action for damages alleging professional malpractice; to provide procedures for the filing of an affidavit under certain circumstances; to provide for the timing of a defendant's answer under certain circumstances; to correct a cross-reference; 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. Article 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to pleadings and motions, is amended by revising Code Section 9-11-9.1, relating to the affidavit required to accompany charges of professional malpractice, as follows:
"9-11-9.1. (a) In any action for damages alleging professional malpractice against:
(1) A a professional licensed by the State of Georgia and listed in subsection (d)(g) of this Code section; (2) A domestic or foreign partnership, corporation, professional corporation, business trust, general partnership, limited partnership, limited liability company, limited liability partnership, association, or any other legal entity alleged to be liable based upon the action or inaction of a professional licensed by the State of Georgia and listed in subsection (g) of this Code section; or against any (3) Any licensed health care facility alleged to be liable based upon the action or inaction of a health care professional licensed by the State of Georgia and listed in subsection (d)(g) of this Code section, the plaintiff shall be required to file with the complaint an affidavit of an expert competent to testify, which affidavit shall set forth specifically at least one negligent act or omission claimed to exist and the factual basis for each such claim.

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(b) The contemporaneous affidavit filing requirement pursuant to subsection (a) of this Code section shall not apply to any case in which the period of limitation will expire or there is a good faith basis to believe it will expire on any claim stated in the complaint within ten days of the date of filing the complaint and, because of time constraints, the plaintiff has alleged that an affidavit of an expert could not be prepared. In such cases, if the attorney for the plaintiff files with the complaint an affidavit in which the attorney swears or affirms that his or her law firm was not retained by the plaintiff more than 90 days prior to the expiration of the period of limitation on the plaintiff's claim or claims, the plaintiff shall have 45 days after the filing of the complaint to supplement the pleadings with the affidavit. The trial court shall not extend such time for any reason without consent of all parties. If either affidavit is not filed within the periods specified in this Code section, or it is determined that the law firm of the attorney who filed the affidavit permitted in lieu of the contemporaneous filing of an expert affidavit or any attorney who appears on the pleadings was retained by the plaintiff more than 90 days prior to the expiration of the period of limitation, the complaint shall be dismissed for failure to state a claim. (c) This Code section shall not be construed to extend any applicable period of limitation, except that if the affidavits are filed within the periods specified in this Code section, the filing of the affidavit of an expert after the expiration of the period of limitations shall be considered timely and shall provide no basis for a statute of limitations defense. (d) If a complaint alleging professional malpractice is filed without the contemporaneous filing of an affidavit as permitted by subsection (b) of this Code section, the defendant shall not be required to file an answer to the complaint until 30 days after the filing of the affidavit of an expert, and no discovery shall take place until after the filing of the answer. (b)(e) If a plaintiff files an affidavit which is allegedly defective, and the defendant to whom it pertains alleges, with specificity, by motion to dismiss filed on or before the close of discovery, that said affidavit is defective, the plaintiff's complaint is shall be subject to dismissal for failure to state a claim, except that the plaintiff may cure the alleged defect by amendment pursuant to Code Section 9-11-15 within 30 days of service of the motion alleging that the affidavit is defective. The trial court may, in the exercise of its discretion, extend the time for filing said amendment or response to the motion, or both, as it shall determine justice requires. (c)(f) If a plaintiff fails to file an affidavit as required by this Code section and the defendant raises the failure to file such an affidavit by motion to dismiss filed contemporaneously with its initial responsive pleading, such complaint shall not be subject to the renewal provisions of Code Section 9-2-61 after the expiration of the applicable period of limitation, unless a court determines that the plaintiff had the requisite affidavit within the time required by this Code section and the failure to file the affidavit was the result of a mistake. (d)(g) The professions to which this Code section applies shall apply are:

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(1) Architects; (2) Attorneys at law; (3) Audiologists; (4) Certified public accountants; (5) Chiropractors; (6) Clinical social workers; (7) Dentists; (8) Dietitians; (9) Land surveyors; (10) Marriage and family therapists; (11) Medical doctors; (12) Nurses; (13) Occupational therapists; (14) Optometrists; (15) Osteopathic physicians; (16) Pharmacists; (17) Physical therapists; (18) Physicians assistants; (19) Podiatrists; (20) Professional counselors; (21) Professional engineers; (22) Psychologists; (23) Radiological technicians; (24) Respiratory therapists; (25) Speech-language pathologists; or (26) Veterinarians."
SECTION 2. Said article is further amended by revising subsection (a) of Code Section 9-11-9.2, relating to medical authorization forms and review of protected health information, as follows:
"(a) In any action for damages alleging medical malpractice against a professional licensed by the State of Georgia and listed in subsection (d)(g) of Code Section 9-119.1, against a professional corporation or other legal entity that provides health care services through a professional licensed by the State of Georgia and listed in subsection (d)(g) of Code Section 9-11-9.1, or against any licensed health care facility alleged to be liable based upon the action or inaction of a health care professional licensed by the State of Georgia and listed in subsection (d)(g) of Code Section 9-11-9.1, contemporaneously with the filing of the complaint, the plaintiff shall be required to file a medical authorization form. Failure to provide this authorization shall subject the complaint to dismissal."

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SECTION 3. This Act shall become effective on July 1, 2007, and shall apply to any action filed on or after July 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson
Dollar Y Drenner Y Dukes E Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
Harbin Y Hatfield E Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown
Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin

Y Martin Y Maxwell
May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

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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 Mangham of the 94th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
Representative Keen of the 179th assumed the chair.
HB 162. By Representatives Martin of the 47th, Burkhalter of the 50th and Jones of the 46th:
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 for a limited period of time with respect to sales of certain tangible personal property used in direct connection with the construction of a performing arts amphitheater 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.
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 performing arts amphitheater 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 replacing "; or" at the end of paragraph (84), by replacing the period at the end of paragraph (85) with "; or", and by adding a new paragraph to read as follows:
"(86)(A) Notwithstanding any provision of Code Section 48-8-63 to the contrary, from July 1, 2007, until June 30, 2008, sales of tangible personal property to, or

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used in direct connection with the construction of, a performing arts amphitheater facility. (B) As used in this paragraph, the term 'performing arts amphitheater facility' means a performing arts amphitheater facility owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code; is constructed after the effective date of this paragraph; has costs in excess of $30 million; has more than 60,000 square feet of space; and has associated facilities, including, but not limited to, parking. (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 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 Abrams
Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes E Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser
Keen Y Keown
Knight

Y Martin Y Maxwell
May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons

E Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton

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Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
Harbin Y Hatfield E Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson N Hill, C Y Hill, C.A Y Holmes

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

Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal
Rynders Y Sailor Y Scott, A

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

On the passage of the Bill, by substitute, the ayes were 165, nays 1.

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

The Speaker assumed the Chair.

HB 368. By Representatives Collins of the 27th, Martin of the 47th, Day of the 163rd and Harbin of the 118th:

A BILL to be entitled an Act to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to allow the commissioner of public safety, with the approval of the Board of Public Safety, to sell or trade-in surplus motor vehicles and use the proceeds of the sale or trade-in towards the purchase of new motor vehicles; to provide that the commissioner, with the approval of the board and subject to available funds, shall have the discretion to determine when to purchase new motor vehicles for the department; 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 Abrams Y Amerson Y Ashe Y Barnard

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes

Y Holt Y Horne Y Houston Y Howard Y Hudson

Y Martin Y Maxwell Y May Y McCall Y McKillip

E Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon

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Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan N Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

E Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
Harbin Y Hatfield E Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y Meadows N Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the passage of the Bill, the ayes were 168, nays 2.

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

The following Resolutions of the House were read and adopted:

HR 428. By Representative Channell of the 116th:

A RESOLUTION commending a future leader, Sherri Batchelor; and for other purposes.

HR 429. By Representative Channell of the 116th:

A RESOLUTION commending a future leader, Thomas Jones; and for other purposes.

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HR 430. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Gus Pursley III; and for other purposes.
HR 431. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Harry Rouse; and for other purposes.
HR 432. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Gary Hess; and for other purposes.
HR 433. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Randy Daniel; and for other purposes.
HR 434. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Bernard Holston, Sr.; and for other purposes.
HR 435. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Terry Lyle; and for other purposes.
HR 436. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Rhonda Tuttle; and for other purposes.
HR 437. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Jon Butler; and for other purposes.
HR 438. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Linda R. Crawford; and for other purposes.

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693

HR 439. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Patricia Hurt; and for other purposes.
HR 440. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Megan Spears; and for other purposes.
HR 441. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Mike Rowland; and for other purposes.
HR 442. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Carillon Orban; and for other purposes.
HR 443. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Marsha Hunt; and for other purposes.
HR 444. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Daniel Rodewolt; and for other purposes.
HR 445. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Ann Dixon; and for other purposes.
HR 446. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Gary Sanders; and for other purposes.
HR 447. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Candy Vining; and for other purposes.

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HR 448. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Britt Day; and for other purposes.
HR 449. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Enrique A. Herna'ndez Trejo; and for other purposes.
HR 450. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Rick Clark; and for other purposes.
HR 451. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Candice Mauldin; and for other purposes.
HR 452. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Allison Jaquier; and for other purposes.
HR 453. By Representative Jones of the 44th:
A RESOLUTION commending Hiram A. (Joe) Little as the Distinguished Senior Georgian for 2007; and for other purposes.
HR 454. By Representative Burkhalter of the 50th:
A RESOLUTION recognizing and congratulating Laura White on being awarded the 2007 Prudential Spirit of Community Award; and for other purposes.
HR 455. By Representatives Rogers of the 26th, Mills of the 25th, Collins of the 27th and Benton of the 31st:
A RESOLUTION commending the Riverside Military Academy swim team for winning the GISA state swim championship; and for other purposes.

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HR 456. By Representatives Rogers of the 26th, Mills of the 25th, Collins of the 27th and Benton of the 31st:
A RESOLUTION expressing regret at the passing of William D. "Billy" Rice, Jr.; and for other purposes.
HR 457. By Representatives Walker of the 107th, Byrd of the 20th, Oliver of the 83rd, Butler of the 18th, Bruce of the 64th and others:
A RESOLUTION acknowledging the contributions of senior Georgians and establishing the week of February 26 through March 4, 2007, as "Senior Week at the Capitol"; and for other purposes.
HR 458. By Representatives England of the 108th and Benton of the 31st:
A RESOLUTION recognizing and congratulating Jena Sims on being awarded the 2007 Prudential Spirit of Community Award; and for other purposes.
HR 459. By Representatives England of the 108th and Benton of the 31st:
A RESOLUTION recognizing and commending Shadie Thompson; and for other purposes.
HR 460. By Representatives England of the 108th and Benton of the 31st:
A RESOLUTION recognizing and commending Jefferson Duffey; and for other purposes.
HR 461. By Representatives England of the 108th and Benton of the 31st:
A RESOLUTION commending Ginger Crosswhite, the Barrow County Teacher of the Year; and for other purposes.
HR 462. By Representative Sellier of the 136th:
A RESOLUTION celebrating the life of John Charles Alden and offering condolences upon his passing; and for other purposes.
HR 463. By Representatives Roberts of the 154th, Keen of the 179th, Burkhalter of the 50th, Fleming of the 117th, May of the 111th and others:

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A RESOLUTION recognizing and congratulating Ms. Louise Russell Hancock on being named the Distinguished Senior Georgian for 2007; and for other purposes.
HR 464. By Representative Golick of the 34th:
A RESOLUTION recognizing and congratulating Lee Thomas on the occasion of the appointment as Chairman of the Governor's Energy Policy Council; and for other purposes.
HR 465. By Representative Stephens of the 164th:
A RESOLUTION commending Ryan M. O'Hara; and for other purposes.
Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Wednesday, February 28, 2007

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 Abrams Amerson Ashe Barnard Bearden
E Beasley-Teague Benfield Benton Black Bridges Brooks
E Bruce Bryant Buckner Burkhalter Burns Butler Carter, A Carter, B Casas Chambers Channell Cheokas Coan Cole Coleman Collins Cox Crawford, M Crawford, R Davis, H

Davis, S Day Dempsey Dickson E Dollar Drenner Dukes Ehrhart England Epps Everson Fleming Floyd, J Forster Franklin Frazier Freeman Gardner Geisinger Glanton E Golick Gordon Graves Greene Hamilton Harbin Hatfield Heard, J Heard, K E Hembree E Henson Hill, C

Hill, C.A Holmes Holt Horne Houston Howard Hudson Hugley Jackson James E Jamieson Jenkins Jerguson Johnson, C Jones, J Jones, S Kaiser Keen Keown Knight Knox Lakly Lane, B Lane, R Levitas Lewis Lindsey Lord Lunsford Maddox Mangham Manning

Marin Martin Maxwell May McCall McKillip Meadows Mills Mitchell Morgan Mosby Mumford Murphy Neal Nix Oliver O'Neal Parham Parrish Parsons Peake Porter Powell Pruett Ralston Randall Reece Reese Roberts Rogers Royal

Rynders Scott, A E Scott, M Sellier Setzler Shaw Sheldon Sims, B Sims, C Sims, F Smith, B Smith, L Smith, R Smith, V E Smyre Starr Stephens Stephenson Talton Teilhet Thomas, B Tumlin Walker Watson Wilkinson Willard Williams, E Williams, M Williams, R Yates Richardson, Speaker

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

Representatives Byrd of the 20th, Floyd of the 99th, Fludd of the 66th, Hanner of the 148th, Jacobs of the 80th, Jordan of the 77th, Loudermilk of the 14th, Lucas of the 139th, Millar of the 79th, Morris of the 155th, Sailor of the 93rd, Sinkfield of the 60th, Smith of the 168th, Stanley-Turner of the 53rd, Thomas of the 55th, and Wix of the 33rd.

They wish to be recorded as present.

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Prayer was offered by Dr. David Taylor, First Baptist Church of Cedartown, Cedartown, Georgia.
The members pledged allegiance to the flag.
Representative Lakly of the 72nd, 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 588. By Representatives Benton of the 31st and Jamieson of the 28th:
A BILL to be entitled an Act to provide a new charter for the City of Maysville; 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 prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for submission to the United States Department of Justice; to provide for

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severability; to repeal a specific Act; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 589. By Representatives Butler of the 18th, Sheldon of the 105th, Parsons of the 42nd and Sims of the 169th:
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 related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 590. By Representatives Loudermilk of the 14th, Franklin of the 43rd, Hatfield of the 177th, Lewis of the 15th, Byrd of the 20th and others:
A BILL to be entitled an Act to amend Code Section 40-6-20 of the Official Code of Georgia Annotated, relating to obedience to traffic-control devices and enforcement by traffic-control signal monitoring devices, so as to lower the penalty for violations; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purpose.
Referred to the Committee on Transportation.
HB 591. By Representative Manning of the 32nd:
A BILL to be entitled an Act to amend Code Section 20-1A-10 of the Official Code of Georgia Annotated, relating to consultation by the Department of Early Care and Learning on early care and education programs and Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing and inspection of child welfare agencies by the Department of Human Resources, so as to transfer certain duties relating to day-care centers, family day-care homes, group day-care homes, and child care learning centers from the Department of Human Resources to the Department of Early Care and Learning for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Children & Youth.
HB 592. By Representatives Golick of the 34th and Knox of the 24th:
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, so as to provide that uninsured motorist coverage applies only to automobile liability policies and motor vehicle liability policies; to specifically exclude umbrella and excess liability policies; 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 593. By Representatives Hill of the 21st, McCall of the 30th and England of the 108th:
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 change certain provisions regarding bona fide conservation use property with respect to agritourism; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 594. By Representative Sims of the 119th:
A BILL to be entitled an Act to amend Code Section 48-5-18 of the Official Code of Georgia Annotated, relating to the time for making tax returns, so as to provide that the governing authority of a county may by ordinance establish a time for making tax returns different from the time provided by general law; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 595. By Representatives Butler of the 18th and Roberts of the 154th:
A BILL to be entitled an Act to amend Code Section 27-2-4 of the Official Code of Georgia Annotated, relating to honorary hunting and fishing licenses, so as to provide for lifetime honorary hunting and fishing licenses for certain military veterans; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Game, Fish, & Parks.
HB 596. By Representatives Smith of the 131st, Lane of the 167th, Royal of the 171st, Morris of the 155th and Hanner of the 148th:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to control of water pollution and surface water use, so as to regulate the return of surface waters to the sources from which they were withdrawn by local government entities; to provide for reports; to provide penalties for violations; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 597. By Representatives Harbin of the 118th and Sims of the 119th:
A BILL to be entitled an Act to amend Part 1 of Article 6 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to medical attention, so as to require the promulgation of standards for the exemption of certain medical providers and treatments 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.
HB 598. By Representatives Burns of the 157th, McCall of the 30th, Roberts of the 154th, England of the 108th and James of the 135th:
A BILL to be entitled an Act to amend Code Section 2-2-9.1 of the Official Code of Georgia Annotated, relating to administrative authority of the Commissioner of Agriculture, hearings for individuals adversely affected by decisions of the Commissioner, penalties, initial and final decisions, and judicial review, so as to change certain provisions relating to initial and final decisions; to change certain provisions relating to reconsideration of decisions; to provide for timely judicial review; to provide for affirmation of decisions by operation of law in certain cases; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.

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HB 599. By Representative Lane of the 167th:
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 the juvenile court with concurrent jurisdiction for certain adoption proceedings; to provide for certain procedures relating to adoption proceedings; to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to revise provisions relating to jurisdiction of adoption proceedings; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 600. By Representatives Parsons of the 42nd, Tumlin of the 38th, Wix of the 33rd, Teilhet of the 40th, Manning of the 32nd 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 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 Intragovernmental Coordination - Local.
HB 601. By Representatives Benton of the 31st and McCall of the 30th:
A BILL to be entitled an Act to amend an Act entitled "An Act to create a board of county commissioners for the county of Jackson," approved December 18, 1901 (Ga. L. 1901, p. 257), as amended, particularly by an Act approved March 16, 1999 (Ga. L. 1999, p. 3570), so as to provide for new commissioner districts; to provide for currently serving commissioners; to provide for the submission of this Act for approval; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 602. By Representatives Cole of the 125th, Roberts of the 154th and Smith of the 129th:

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A BILL to be entitled an Act to amend Code Section 20-2-505 of the Official Code of Georgia Annotated, relating to the prohibition of a school board member from selling school supplies or equipment to county board and a penalty, so as to provide an exception to such prohibition; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 603. By Representatives Hembree of the 67th, Drenner of the 86th, Amerson of the 9th, Dickson of the 6th, Keen of the 179th and others:
A BILL to be entitled an Act to amend Subpart 1 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the employment of certificated professional personnel in elementary and secondary education, so as to provide for alternative teaching certifications for secondary school teachers; to provide for statutory construction; to prohibit discrimination or disparate treatment for teachers and applicants for alternative certification; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 604. By Representatives Byrd of the 20th, England of the 108th and Holt of the 112th:
A BILL to be entitled an Act to amend Chapter 36 of Title 36 of the O.C.G.A., relating to annexation of territory, so as to provide for the comprehensive revision of annexation procedures; to provide for legislative intent; to provide for statutory construction; to change certain provisions regarding the effective date of annexation; to change certain provisions regarding reporting requirements; to change certain provisions regarding unincorporated islands; to change certain provisions regarding the 60 percent method; to change certain provisions regarding definitions and procedures with respect to annexation of unincorporated islands; 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 605. By Representative Morris of the 155th:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 45 of the Official Code of Georgia Annotated, relating to eligibility and

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qualifications for public office and public employment, so as to repeal certain provisions relating to prohibited employment of aliens which have been judicially found to be overbroad and unconstitutional; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Code Revision.
HB 606. By Representatives Morris of the 155th and McCall of the 30th:
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 for the ownership of intellectual properties developed at or by institutions of the University System of Georgia; to provide for the assignment, transfer, license, or other authorization to use such intellectual property; to create the State Intellectual Properties Board and provide for its membership; to provide definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
HB 607. By Representative Lewis of the 15th:
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.
Referred to the Committee on Ways & Means.
HB 608. By Representative Holmes of the 61st:
A BILL to be entitled an Act to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, so as to eliminate certain exceptions to the required use of safety belts; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Agriculture & Consumer Affairs.
HB 609. By Representatives Holmes of the 61st and Lindsey of the 54th:
A BILL to be entitled an Act to amend Code Section 42-5-51 of the Official Code of Georgia Annotated, relating to reimbursement of county for inmates, so as to increase the reimbursement rate paid by the state to counties for housing state inmates awaiting transfer to state correctional facilities; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 610. By Representatives Smith of the 129th, McCall of the 30th, Channell of the 116th, Rogers of the 26th, Everson of the 106th and others:
A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the O.C.G.A., relating to outdoor advertising signs on the interstate system, primary highways, and other highways, so as to provide for certain height limitations on such outdoor advertising signs and for certain conditions for lowering of existing signs in excess of such height limitations; to provide for certain changes in the sizes of trees permitted to be trimmed or removed from the viewing zones of such signs and for certain changes to the extent of such viewing zones; to provide that where relocation of a sign is required but conflicts with local zoning or land use ordinances, compensation shall be paid to the owner of such sign by the jurisdiction imposing such ordinances; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 611. By Representatives Maxwell of the 17th, Smith of the 113th, Coan of the 101st, Talton of the 145th and England of the 108th:
A BILL to be entitled an Act to amend Code Section 43-14-6 of the Official Code of Georgia Annotated, relating to the powers and duties of the divisions of the State Construction Industry Licensing Board, so as to provide for changes to the restrictions of Class I licenses for electrical contracting; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 612. By Representatives Drenner of the 86th, Manning of the 32nd, Ashe of the 56th, Sinkfield of the 60th, Benfield of the 85th and others:

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A BILL to be entitled an Act 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 prohibit the use of a cellular phone and other communication devices by a school bus driver except for official school system business or in the event of an emergency; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 613. By Representative Manning of the 32nd:
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 prohibit 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 Division 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 614. By Representatives Mumford of the 95th and Holt of the 112th:
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 under the Teachers Retirement System of Georgia, so as to provide for creditable service for active members of the Teachers Retirement System of Georgia for prior service as a teacher with an independent school system during a certain period; to provide for application and payment of an employee's and employer's contribution with interest; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 615. By Representatives Lane of the 158th, Burns of the 157th and Parrish of the 156th:

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A BILL to be entitled an Act to amend an Act placing the coroner of Bulloch County on a salary basis, approved April 4, 1967 (Ga. L. 1967, p. 2524), as amended, particularly by an Act approved March 9, 1989 (Ga. L. 1989, p. 3622), so as to change certain provisions relating to compensation and expenses of the coroner; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 616. By Representative Lane of the 167th:
A BILL to be entitled an Act to amend an Act to form a board of commissioners for the County of McIntosh, approved February 26, 1876 (Ga. L. 1876, p. 2839), as amended, so as to provide for a county manager; to provide for appointment; to provide for the duties, powers, and qualifications of the county manager; to provide for vacancies in the office of county manager; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 617. By Representative Hugley of the 133rd:
A BILL to be entitled an Act to amend Code Section 40-2-86.22 of the Official Code of Georgia Annotated, relating to special license plates that send proceeds to the general fund, so as to create a special license plate honoring Georgia municipal clerks; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 618. By Representatives Fludd of the 66th and Beasley-Teague of the 65th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Union City ad valorem taxes for municipal purposes in the amount of $25,000.00 of the assessed value of the homestead for residents of that city 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 homestead exemption from City of Union City ad valorem taxes for municipal purposes in the amount of $2,000.00 of the assessed value of the homestead for residents of that city who are 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 referendums, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Intragovernmental Coordination - Local.
HB 619. By Representative Hugley of the 133rd:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the O.C.G.A., relating to elementary and secondary education, so as to enact the "Bianca Walton Anti-Bullying Act"; to define the term "bullying"; to provide that bullying shall be prohibited at school and at school related activities; to provide that each local board of education shall establish a policy relating to bullying behavior; to require certain provisions in the policy; to require training on bullying behavior for certain school system personnel; to provide that local school systems provide information to the Department of Education on the number and disposition of bullying incidents reported; to provide for a model bullying policy by the Department of Education; to provide for immunity; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 620. By Representatives Stephens of the 164th, Gardner of the 57th, Jenkins of the 8th, Heard of the 114th, Hembree of the 67th and others:
A BILL to be entitled an Act to amend Code Section 49-5-273 of the Official Code of Georgia Annotated, relating to the creation and operation of the PeachCare for Kids Program, so as to enact the "PeachCare for Kids Protection Act of 2007"; to provide legislative findings; to revise the PeachCare for Kids Program to be designated in two parts known as PeachCare A and PeachCare B; to provide that if sufficient federal funds are not available for PeachCare, the program will be administered pursuant to Title XIX of the Social Security Act; to provide that premiums to participate in the program may be imposed by the department but are not mandatory; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 621. By Representatives Johnson of the 37th, Jones of the 44th, Teilhet of the 40th, Golick of the 34th, 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, so as to change the compensation

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709

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 Intragovernmental Coordination - Local.
HB 622. By Representatives Smith of the 113th, Bridges of the 10th, Harbin of the 118th, Amerson of the 9th and Holt of the 112th:
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 income tax imposition, rate, computation, and exemptions, so as to provide an income tax credit for purchases of prescribed hearing aids; 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 623. By Representatives Golick of the 34th, Tumlin of the 38th, Teilhet of the 40th, Ehrhart of the 36th, Manning of the 32nd and others:
A BILL to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, so as to provide for the supplement to be paid to each of the judges of the superior court of said circuit and an additional supplement for the chief judge of said circuit; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 624. By Representatives Setzler of the 35th, Golick of the 34th, Tumlin of the 38th, Johnson of the 37th, Manning of the 32nd 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 Intragovernmental Coordination - Local.
HB 625. By Representatives Manning of the 32nd, Gardner of the 57th and Stephens of the 164th:

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A BILL to be entitled an Act to amend Code Section 49-5-273 of the Official Code of Georgia Annotated, relating to the creation and operation of the PeachCare for Kids Program, so as to enact the "PeachCare for Kids Protection Act of 2007"; to provide legislative findings; to revise the PeachCare for Kids Program to be designated in two parts known as PeachCare A and PeachCare B; to provide that if sufficient federal funds are not available for PeachCare, the program will be administered pursuant to Title XIX of the Social Security Act; to provide that premiums to participate in the program may be imposed by the department but are not mandatory; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 626. By Representatives Graves of the 12th, Rynders of the 152nd, Lunsford of the 110th, Cooper of the 41st and Peake of the 137th:
A BILL to be entitled an Act to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, acupuncture, physician's assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice, so as to provide for a maximum number of continuing education hours that retired physicians providing uncompensated health care services shall be required to complete; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 627. By Representative Hatfield of the 177th:
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 an exception to the perpetual existence of downtown development authorities; to provide for quorums, actions, meetings, and records of downtown development authorities; to provide for dissolution of downtown development authorities activated by municipal resolutions; to change certain provisions relating to creation of development authorities, appointment and terms of directors, quorum, and adopting and filing of resolution of need; to provide for open and public meetings and records; to change certain provisions relating to directors of development authorities, compensation, adoption of bylaws, delegation of powers and duties, conflicts of interest, and audits; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Governmental Affairs.
HB 628. By Representatives Sheldon of the 105th, Channell of the 116th, Scott of the 153rd, Cooper of the 41st, Cox of the 102nd and others:
A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for health care data to be made available to consumers; to provide for definitions; to provide for criteria for the website available to consumers; to provide for reporting to the Department of Community Health by heath care facilities regarding acquired infections and adverse incidents; to provide for rights of citizens to health care information; to amend Article 6 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacies, so as to provide for pharmacies to submit performance and outcome data to the Department of Community Health; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 629. By Representatives Dickson of the 6th, Casas of the 103rd and Maxwell of the 17th:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide that attendance reports may be provided electronically; to revise certain provisions relating to quarterly reports by principals; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 630. By Representatives Holmes of the 61st, Benfield of the 85th, Kaiser of the 59th, Floyd of the 99th, Morgan of the 39th and others:
A BILL to be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to enact the Agreement Among the States to Elect the President by National Popular Vote; to allow states to join together to establish an interstate compact to elect the president by national popular vote; to provide for the implementation of such compact; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.

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HB 631. By Representatives Jacobs of the 80th, Millar of the 79th, Chambers of the 81st and Levitas of the 82nd:
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 632. By Representatives Jerguson of the 22nd, Hill of the 21st, Byrd of the 20th and Hamilton of the 23rd:
A BILL to be entitled an Act to provide for a homestead exemption from City of Woodstock ad valorem taxes for municipal purposes in the amount of $100,000.00 of the assessed value of the homestead for residents of that city who are 62 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 Intragovernmental Coordination - Local.
HB 633. By Representatives Jerguson of the 22nd, Hill of the 21st, Byrd of the 20th and Hamilton of the 23rd:
A BILL to be entitled an Act to provide a homestead exemption from all City of Woodstock ad valorem taxes for city purposes in the amount of $100,000.00 of the assessed value of the homestead for certain residents of that city 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.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 634. By Representative Martin of the 47th:

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A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to change provisions relating to the exemption of sales of food for off-premises consumption; to extend that exemption to include food and drink dispensed by or through vending machines; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 635. By Representatives Johnson of the 75th, Glanton of the 76th, Starr of the 78th and Abdul-Salaam of the 74th:
A BILL to be entitled an Act to authorize the City of Forest Park 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 Intragovernmental Coordination - Local.
HB 636. By Representative Lane of the 167th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of McIntosh County shall be partisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination.
HR 420. By Representative Holmes of the 61st:
A RESOLUTION to urge Congress and the President of the United States to repeal 20 U.S.C. Section 1091(r); and for other purposes.
Referred to the Committee on Interstate Cooperation.
HR 421. By Representative Holmes of the 61st:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly by general law to provide for increases in the state real estate transfer tax and the state intangible recording tax; to

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provide that the General Assembly by general law may allocate the revenue from such increases to the Georgia Housing Trust Fund, as provided by law, for the specified purpose of assisting low and moderate income citizens of this state in obtaining and maintaining affordable housing; to provide that funds deposited in such trust fund shall not lapse; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Ways & Means.
HR 422. By Representatives Drenner of the 86th, Sinkfield of the 60th, Thomas of the 100th and Porter of the 143rd:
A RESOLUTION to create the House Climate Study Committee; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HR 423. By Representative Cole of the 125th:
A RESOLUTION dedicating the Billy Lancaster Memorial Highway; and for other purposes.
Referred to the Committee on Transportation.
HR 424. By Representatives Day of the 163rd, Talton of the 145th, Barnard of the 166th, Ralston of the 7th and Bearden of the 68th:
A RESOLUTION creating the House Study Committee on the Power of Arrest and Peace Officer Certification in Georgia; and for other purposes.
Referred to the Committee on Public Safety and Homeland Security.
HR 425. By Representatives Drenner of the 86th and Benfield of the 85th:
A RESOLUTION creating the House Study Committee on Tanning Salon Consumer Protection; and for other purposes.
Referred to the Committee on Health & Human Services.
HR 426. By Representatives Smith of the 113th, Hembree of the 67th, Cheokas of the 134th, Harbin of the 118th, Floyd of the 147th and others:

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A RESOLUTION creating the Joint Higher Education Finance and Formula Study Committee; and for other purposes.

Referred to the Committee on Higher Education.

HR 427. By Representatives Fludd of the 66th, Manning of the 32nd, Coan of the 101st, Black of the 174th, Starr of the 78th and others:

A RESOLUTION creating the House Self-employment Assistance Program; 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 545 HB 546 HB 547 HB 548 HB 549 HB 550 HB 551 HB 552 HB 553 HB 554 HB 555 HB 556 HB 557 HB 558 HB 559 HB 560 HB 561 HB 562 HB 563 HB 564 HB 565 HB 566 HB 567 HB 569 HB 570 HB 571

HB 572 HB 573 HB 574 HB 575 HB 576 HB 577 HB 578 HB 579 HB 580 HB 581 HB 582 HB 583 HB 584 HB 585 HB 586 HB 587 HR 374 HR 375 HR 411 HR 412 HR 413 HR 414 HR 415 SB 27 SB 114 SB 120

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Representative Rynders of the 152nd District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

Your Committee on Intragovernmental Coordination - 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 312 HB 315 HB 511 HB 537

Do Pass Do Pass Do Pass Do Pass

HB 538 HB 539 HB 543

Do Pass Do Pass Do Pass

Respectfully submitted, /s/ Rynders of the 152nd
Chairman

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

HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 28, 2007

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 26th Legislative Day as enumerated below:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

HR 14

Walter E. "Eddie" Elder Interchange; Barrow County; dedicate (Substitute)(Trans-108th)

DEBATE CALENDAR

Open Rule

HB 224

State Licensing Board for Residential and General Contractors; change certain provisions (Substitute)(RegI-50th)

HB 316

Public Service Commission; towing of certain vehicles; provide (JudyNC7th)

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717

HB 317

Public transportation; motor contract carrier; change definition (SP&CA7th)

HB 330

Georgia State Board of Pharmacy; registry of pharmacy technicians; establish (RegI-164th)

HB 375 Education; pages of General Assembly; provisions (Ed-27th)

HB 443

Employment security; employment; change definition; provisions (IndR101st)

Modified Open Rule

None

Modified Structured Rule

HB 127

Prescription drugs; generic; change provisions (Rules Committee Substitute) (H&HS-20th)

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 312. By Representatives Benton of the 31st, England of the 108th and Sheldon of the 105th:

A BILL to be entitled an Act to authorize the Town of Braselton 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.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 315. By Representatives Benton of the 31st, England of the 108th and Sheldon of the 105th:
A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in the Town of Braselton; to provide for a short title; to provide for the purposes of said district or districts; to provide for definitions; to provide for a board to administer said district or districts; to provide for the appointment and election of members of said board or boards; to provide for taxes, fees, and assessments; to provide for establishment of the boundaries of said district or districts; to provide for a tax cap; to specify conditions whereby the continued existence of the district or districts or the continued existence of any one or more of the powers granted to the district or districts may be terminated; to provide procedures for termination of the district or districts; to provide for 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 511. By Representatives Meadows of the 5th and Graves of the 12th:
A BILL to be entitled an Act to amend an Act providing for the office of commissioner of Gordon County, approved March 21, 1974 (Ga. L. 1974, p. 2522), as amended, particularly by an Act providing for a board of commissioners of Gordon County, approved March 13, 1975 (Ga. L. 1975, p. 2719), and an Act approved March 12, 1984 (Ga. L. 1984, p. 3897), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current board members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 537. By Representatives Ehrhart of the 36th, Johnson of the 37th, Manning of the 32nd, Cooper of the 41st, Franklin of the 43rd and others:

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719

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 1, 2006 (Ga. L. 2006, p. 3939), so as to change the compensations of the clerk and the chief deputy clerk of the State Court of Cobb County; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 538. By Representatives Ehrhart of the 36th, Johnson of the 37th, Manning of the 32nd, Cooper of the 41st, Franklin of the 43rd 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 4, 2006 (Ga. L. 2006, p. 4177), so as to change the compensation of certain employees of such office; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 539. By Representatives Ehrhart of the 36th, Johnson of the 37th, Manning of the 32nd, Cooper of the 41st, Franklin of the 43rd 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 revise 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.
HB 543. By Representatives Carter of the 159th and Burns of the 157th:
A BILL to be entitled an Act to amend an Act entitled "An Act to further define and prescribe the powers and duties of the Effingham County Industrial Development Authority," approved March 18, 1986 (Ga. L. 1986, p. 3873), as amended, so as to provide that the authority shall be subject to county zoning ordinances; to repeal conflicting laws; and for other purposes.

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

By unanimous consent, the following roll call vote was made applicable to 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks E Bruce Y Bryant Y Buckner Y Burkhalter Y Burns
Butler Y Byrd Y Carter, A
Carter, B Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson E 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall E Hembree E Henson Y Hill, C Y Hill, C.A Y Holmes

Y Holt Horne
Y Houston Y Howard Y Hudson Y Hugley Y Jackson
Jacobs Y James E Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S
Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas 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 Y McKillip Y Meadows
Millar Y Mills Y Mitchell Y Morgan
Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix
Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese
Rice Y Roberts
Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the passage of the Bills, the ayes were 145, nays 0.

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

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721

Representatives Carter of the 159th 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 Senate and House:
SB 30. By Senators Staton of the 18th, Douglas of the 17th, Tolleson of the 20th, Jones of the 10th, Murphy of the 27th and others:
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 prohibit certain uses of the names or pictures of service members of the armed forces of the United States; to provide a penalty; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 103. By Senators Adelman of the 42nd, Meyer von Bremen of the 12th, Harp of the 29th, Hamrick of the 30th, Hill of the 32nd and others:
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 104. By Senators Adelman of the 42nd, Meyer von Bremen of the 12th, Harp of the 29th, Hamrick of the 30th, Hill of the 32nd and others:
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

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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 124. By Senators Adelman of the 42nd, Harp of the 29th 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.
SB 128. By Senator Carter of the 13th:
A BILL to be entitled an Act to amend Article 5 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the Office of the Child Advocate for the Protection of Children, so as to provide for confidentiality of records held by the Office of the Child Advocate for the Protection of Children; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 131. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to amend Article 9 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Subsequent Injury Trust Fund, so as to change certain provisions relating to payment of assessments to the fund by insurers and self-insurers; to provide for related matters; to provide for an effective date and intent; to repeal conflicting laws; and for other purposes.
SB 158. By Senators Balfour of the 9th, Weber of the 40th, Butler of the 55th, Shafer of the 48th, Henson of the 41st and others:

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723

A BILL to be entitled an Act to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, approved February 12, 1960 (Ga. L. 1960, p. 110), as amended, particularly by an Act approved May 10, 2005 (Ga. L. 2005, p. 4142), so as to change provisions relating to the salary supplements for the judges of the Gwinnett Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 186. By Senator Goggans of the 7th:
A BILL to be entitled an Act to create the City of Homerville 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.
HB 266. By Representative Hill of the 180th:
A BILL to be entitled an Act to authorize Camden County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
HB 320. By Representatives Smyre of the 132nd, Smith of the 129th, Hugley of the 133rd, Buckner of the 130th and Smith of the 131st:
A BILL to be entitled an Act to authorize the consolidated government of Columbus, Georgia, 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.

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HB 341. By Representative Hill of the 180th:

A BILL to be entitled an Act to authorize the City of St. Marys 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 Senate has adopted by the requisite constitutional majority the following resolution of the Senate:

SR 133. By Senators Tarver of the 22nd, Powell of the 23rd, Hill of the 4th, Williams of the 19th, Whitehead, Sr. of the 24th and others:

A RESOLUTION creating the Joint Study Committee on Augusta, Georgia, Environmental Issues; and for other purposes.

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

SB 30.

By Senators Staton of the 18th, Douglas of the 17th, Tolleson of the 20th, Jones of the 10th, Murphy of the 27th and others:

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 prohibit certain uses of the names or pictures of service members of the armed forces of the United States; to provide a penalty; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 103. By Senators Adelman of the 42nd, Meyer von Bremen of the 12th, Harp of the 29th, Hamrick of the 30th, Hill of the 32nd and others:

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

WEDNESDAY, FEBRUARY 28, 2007

725

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 Code Revision.
SB 104. By Senators Adelman of the 42nd, Meyer von Bremen of the 12th, Harp of the 29th, Hamrick of the 30th, Hill of the 32nd and others:
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 Code Revision.
SB 124. By Senators Adelman of the 42nd, Harp of the 29th 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.
Referred to the Committee on Code Revision.
SB 128. By Senator Carter of the 13th:
A BILL to be entitled an Act to amend Article 5 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the Office of the Child

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Advocate for the Protection of Children, so as to provide for confidentiality of records held by the Office of the Child Advocate for the Protection of Children; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 131. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to amend Article 9 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Subsequent Injury Trust Fund, so as to change certain provisions relating to payment of assessments to the fund by insurers and self-insurers; to provide for related matters; to provide for an effective date and intent; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industrial Relations.
SB 158. By Senators Balfour of the 9th, Weber of the 40th, Butler of the 55th, Shafer of the 48th, Henson of the 41st and others:
A BILL to be entitled an Act to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, approved February 12, 1960 (Ga. L. 1960, p. 110), as amended, particularly by an Act approved May 10, 2005 (Ga. L. 2005, p. 4142), so as to change provisions relating to the salary supplements for the judges of the Gwinnett Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 186. By Senator Goggans of the 7th:
A BILL to be entitled an Act to create the City of Homerville 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

WEDNESDAY, FEBRUARY 28, 2007

727

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 Intragovernmental Coordination - Local.
SR 133. By Senators Tarver of the 22nd, Powell of the 23rd, Hill of the 4th, Williams of the 19th, Whitehead, Sr. of the 24th and others:
A RESOLUTION creating the Joint Study Committee on Augusta, Georgia, Environmental Issues; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
The following members were recognized during the period of Morning Orders and addressed the House:
Holt of the 112th, Jones of the 44th, Randall of the 138th, and Watson of the 91st.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 466. By Representatives Drenner of the 86th, Thomas of the 100th, and Porter of the 143rd:
A RESOLUTION recognizing May 27, 2007, as "Rachel Carson Day"; and for other purposes.
HR 467. By Representatives Sellier of the 136th and James of the 135th:
A RESOLUTION commending the Peach County High School Trojans football team for winning their second consecutive Class AAA state football championship and inviting them 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 373 Do Pass HR 467 Do Pass

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The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 373. By Representatives Day of the 163rd, Gordon of the 162nd, Jackson of the 161st, Bryant of the 160th, Stephens of the 164th and others:
A RESOLUTION recognizing and honoring the St. Patrick's Day Parade Committee, Chairman James "Jay" Burke, and the 2007 St. Patrick's Day Parade's grand marshal, John Burke, and inviting them to appear before the House of Representatives; and for other purposes.
HR 467. By Representatives Sellier of the 136th and James of the 135th:
A RESOLUTION commending the Peach County High School Trojans football team for winning their second consecutive Class AAA state football championship 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:
HB 224. By Representatives Burkhalter of the 50th and Smith of the 113th:
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 Committee substitute was read and adopted:
A BILL
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

WEDNESDAY, FEBRUARY 28, 2007

729

from professional licensing boards division; 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 41 of Title 43 of the Official Code of Georgia Annotated, relating to residential and general contractors, is amended by revising 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, as follows:
"43-41-3. (a) There is created the State Licensing Board for Residential and General Contractors consisting of 14 15 members appointed by the Governor for five-year terms. 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 residential-light 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

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residential contractors eligible for licensure under this chapter. Effective ; provided, however, that effective July January 1, 2007 2008, all residential contractor members shall be required to be licensed under this chapter. At least two of the residential contractor members shall be qualified to perform residential-light commercial type projects; three shall be qualified and shall predominantly perform residential-basic type projects; one shall be a residential contractor whose business predominately involves remodeling projects; one shall be a residential contractor who constructs at least an average of 20 residences per year; and all must be geographically diverse. One member shall be a public building official and one member shall be a public member. The public member shall have no ties with the residential construction industry and shall represent the interests of the public at large. The initial member terms on the residential contractor division shall be staggered so that all terms do not expire simultaneously. Three members shall serve initial terms of five years, three members shall serve initial terms of four years, and one member shall serve an initial term of three years, 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 January 1, 2007 2008, 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 2. Said chapter is further amended by revising subsection (a) of Code Section 43-41-4, relating to appointment of members, chairperson, meetings and quorums, and assistance from professional licensing boards division, as follows:
"(a) The initial members of the board shall be appointed no later than July 1, 2005. The fifteenth member of the board shall be appointed not later than July 1, 2007. 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."

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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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell
Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson E Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming
Floyd, H Y Floyd, J
Fludd Forster Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Heard, J Y Heard, K Y Heckstall E Hembree E Henson Y Hill, C Y Hill, C.A Y Holmes

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

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar
Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix
Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake
Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

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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 Cheokas of the 134th 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.
HR 14. By Representatives England of the 108th and Benton of the 31st:
A RESOLUTION honoring Walter E. Elder III and dedicating the Walter E. "Eddie" Elder Interchange; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Dedicating certain portions of the state highway system; and for other purposes.
PART I WHEREAS, Mr. Walter E. Elder III was born on November 26, 1938, in Barrow County, Georgia, the son of the late Ernest and Sadie Hill Elder; and
WHEREAS, he was a devoted son, husband, father, grandfather, and uncle, a church elder at Chapel Christian Church, and a member of the Georgia Army National Guard; and
WHEREAS, he served as chairman of the Barrow County Board of Commissioners from January, 1997, to the time of his death on February 6, 2004; and
WHEREAS, he was a dedicated citizen and leader of Barrow County, and he served the citizens well.
PART II WHEREAS, Mr. Tom Scott has long been recognized by the citizens of DeKalb County for the vital role he has played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and
WHEREAS, he faithfully represented the citizens of District 43 with utmost dedication and ability as a member of the Senate for eight years during which time he authored SB 372, the Act which made the birthday of Dr. Martin Luther King, Jr., a state holiday; and

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733

WHEREAS, he has diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced by his 14 years of superlative service as tax commissioner of DeKalb County; and
WHEREAS, in his capacity as tax commissioner, he was the epitome of forward thinking and modernization as he reshaped DeKalb's tax office into the most computerized and technologically advanced tax collection agency in this state; and
WHEREAS, his creative leadership and his thoughtful sensitivity on complex social and political matters, and especially his ability to work behind the scenes to build coalitions and consensus, functioning as the glue holding DeKalb County together in the face of divisive forces, received the approval and applause of his peers who held him in such high regard; and
WHEREAS, his significant organizational and leadership talents, his remarkable patience and diplomacy, his keen sense of vision, and his sensitivity to the needs of the citizens of his community have earned him the respect and admiration of his colleagues and associates; and
WHEREAS, he was a loving husband to his beloved wife, Jacquie, for 37 years, the devoted father of John-Thomas, Christopher, and Susannah, and grandfather of Parker; and
WHEREAS, he was a person of magnanimous strengths with a reputation for integrity, intelligence, fairness, and kindness, and it is only fitting and proper that an interchange should be named in his honor.
PART III WHEREAS, Mr. Edgar Stamey was well known and well respected in the Batesville community; and
WHEREAS, after spending his whole life in the Batesville area, he passed away in the fall of 2003; and
WHEREAS, he spent much of his time working as the caretaker of the Baptist church cemetery, and he also owned and operated the Batesville General Store; and
WHEREAS, Mr. Stamey and his wife helped to establish the Batesville Fire Department, and at the age of 70, he was the oldest person in the State of Georgia to earn firefighter certification; and
WHEREAS, he was the chaplain of the Batesville Fire Department from 1985 until his retirement in 1992; and

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WHEREAS, this outstanding citizen lived a life of service to his church and his community and showed the way for others to give back to the communities in which they lived.

PART IV NOW, THEREFORE BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the interchange of Georgia Highway 8 and Midland Avenue in Barrow County is hereby dedicated as the Walter E. "Eddie" Elder Interchange in honor of the memory of this distinguished Georgian.

BE IT FURTHER RESOLVED that the interchange located at the intersection of Memorial Drive and I-285 in DeKalb County is dedicated as the Tom Scott Interchange.

BE IT FURTHER RESOLVED that the intersection of SR 255 and SR 197 in Habersham County is dedicated as the Edgar Stamey Memorial Interchange.

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 Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation, to the family of Mr. Walter E. Elder III, to the family of Mr. Tom Scott, and to the family of Mr. Edgar Stamey.

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter

Y Dempsey Y Dickson E 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 Frazier

Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James E Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar
Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix

E Scott, M Sellier
Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B
Sims, C Y Sims, F Y Sinkfield
Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V E Smyre

WEDNESDAY, FEBRUARY 28, 2007

735

Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H
Davis, S Y Day

Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall E Hembree E Henson Y Hill, C Y Hill, C.A Y Holmes

Y Jordan Y Kaiser Y Keen Y Keown
Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas
Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin

Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton
Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard
Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix
Yates Richardson, Speaker

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

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

Representatives Lewis of the 15th and Smith of the 129th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 330. By Representative Stephens of the 164th:

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 an effective date contingent on funding; 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 Abrams

Y Dempsey Y Dickson

Y Holt Y Horne

Y Martin Y Maxwell

E Scott, M Y Sellier

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Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H
Davis, S Y Day

E 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James E Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix
Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake
Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Setzler Y Shaw Y Sheldon
Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield
Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V E Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton
Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard
Williams, A Y Williams, E Y Williams, M 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 316. By Representatives Ralston of the 7th, Floyd of the 147th, Rogers of the 26th, Smith of the 168th, Bridges of the 10th and others:

A BILL to be entitled an Act to amend Code Section 44-1-13 of the Official Code of Georgia Annotated, relating to removal of improperly parked cars or trespassing personal property, procedure, automatic surveillance prohibited, and penalty, so as to provide the Public Service Commission and the governing authority of municipalities concurrent jurisdiction on matters related to regulating and controlling the towing of certain vehicles under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.

WEDNESDAY, FEBRUARY 28, 2007

737

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 Abrams Y Amerson
Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H
Davis, S Y Day

Y Dempsey Y Dickson E 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield
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 Y Hudson Y Hugley Y Jackson Y Jacobs Y James E Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord
Loudermilk Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix
Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese
Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

HB 317. By Representatives Ralston of the 7th, Floyd of the 147th, Rogers of the 26th, Smith of the 168th, Bridges of the 10th and others:

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A BILL to be entitled an Act to amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions and exclusions for Title 46, so as to change the definition of motor contract carrier or motor common carrier; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following amendment was read and adopted:

Representative Ralston of the 7th moves to amend HB 317 on line 14 of page 1 by replacing "term" with "exception".

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 Abrams Y Amerson
Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell
Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H

Y Dempsey Y Dickson E 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall E Hembree Y Henson Y Hill, C

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James E Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Lunsford Y Maddox Y Mangham

Y Martin Y Maxwell E May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix
Oliver O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

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

WEDNESDAY, FEBRUARY 28, 2007

739

Y Davis, S Y Day

Y Hill, C.A Y Holmes

Y Manning Y Marin

Y Sailor Y Scott, A

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 443. By Representatives Coan of the 101st, Pruett of the 144th, Scott of the 2nd, Teilhet of the 40th, England of the 108th 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 changes to what shall be deemed "employment"; to extend suspension of adjustments based upon the State-wide Reserve Ratio; to provide for a reduced adjustment in contribution rates through a certain time period; to provide for a change in the weekly benefit amount over a certain period; to provide a supplemental appropriation for the Department of Labor of additional funds which are otherwise available to the department; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

E Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas

Y Dempsey Y Dickson E 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James E Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox

Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake

E Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield
Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet

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Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Graves Y Greene Y Hamilton 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

Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard
Williams, A Y Williams, E Y Williams, M 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.

HB 127. By Representatives Byrd of the 20th, Jerguson of the 22nd, Ehrhart of the 36th, Rynders of the 152nd and Hill of the 21st:

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 change certain provisions relating to the substitution of generic drugs; to eliminate redundant language relating to the practice of medicine; to prohibit the substitution of anti-epileptic drugs except under certain conditions; 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 Article 5 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to prescription drugs, so as to change certain provisions relating to the substitution of generic drugs; to eliminate redundant language relating to the practice of medicine; to prohibit the substitution of anti-epileptic drugs except under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 5 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to prescription drugs, is amended by revising Code Section 26-4-81, relating to substitution of generic drugs for brand name drugs, as follows:

WEDNESDAY, FEBRUARY 28, 2007

741

"26-4-81. (a) In accordance with this Code section and except as otherwise provided in Code Section 26-4-81.1, a pharmacist may substitute a drug with the same generic name in the same strength, quantity, dose, and dosage form as the prescribed brand name drug product which is, in the pharmacist's reasonable professional opinion, pharmaceutically equivalent. (b) If a practitioner of the healing arts prescribes a drug by its generic name, the pharmacist shall dispense the lowest retail priced drug product which is in stock and which is, in the pharmacist's reasonable professional opinion, pharmaceutically equivalent. (c) Substitutions as provided for in subsections (a) and (b) of this Code section are authorized for the express purpose of making available to the consumer the lowest retail priced drug product which is in stock and which is, in the pharmacist's reasonable professional opinion, both therapeutically equivalent and pharmaceutically equivalent. (d) Whenever a substitution is made, the pharmacist shall record on the original prescription the fact that there has been a substitution and the identity of the dispensed drug product and its manufacturer. Such prescription shall be made available for inspection by the board or its representative in accordance with the rules of the board. (e) The substitution of any drug by a registered pharmacist pursuant to this Code section does not constitute the practice of medicine. (f)(e) A patient for whom a prescription drug order is intended may instruct a pharmacist not to substitute a generic name drug in lieu of a brand name drug. (g)(f) A practitioner of the healing arts may instruct the pharmacist not to substitute a generic name drug in lieu of a brand name drug by including the words 'brand necessary' in the body of the prescription. When a prescription is a hard copy prescription drug order, such indication of brand necessary must be in the practitioner's own handwriting and shall not be printed, applied by rubber stamp, or any such similar means. (h)(g) The substitution of any drug by a registered pharmacist pursuant to this Code section does not constitute the practice of medicine."
SECTION 2. Said article is further amended by inserting a new Code section to read as follows:
"26-4-81.1. (a) As used in this Code section, the term:
(1) 'Anti-epileptic drug' means: (A) Any drug prescribed for the treatment of epilepsy; and (B) A drug used to treat or prevent seizures.
(2) 'Epilepsy' means a neurological condition characterized by recurrent seizures. (3) 'Interchange' means the substitution of one version of a drug for another, including a generic version for the prescribed brand version, a different formulation of the prescribed version, and a different drug for the product prescribed.

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(4) 'Seizure' means an acute clinical change secondary to a brief disturbance in the electrical activity of the brain. (b) A pharmacist shall not interchange an anti-epileptic drug or formulation of an antiepileptic drug without prior notification to and written consent of the prescribing physician; provided, however, that a pharmacist may substitute a generic version by one manufacturer for a generic version by another manufacturer if both such versions are AB rated by the federal Food and Drug Administration."

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:

E Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers
Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H

Y Dempsey Y Dickson E 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield
Heard, J Y Heard, K Y Heckstall E Hembree Y Henson Y Hill, C

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James E Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Lunsford Y Maddox Y Mangham

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

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

WEDNESDAY, FEBRUARY 28, 2007

743

Y Davis, S Y Day

Y Hill, C.A Y Holmes

Y Manning Y Marin

Y Sailor Y Scott, A

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 375. By Representatives Collins of the 27th, Coleman of the 97th, Benton of the 31st, Maxwell of the 17th, Fleming of the 117th 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 of students in elementary and secondary education, so as to provide that children who serve as pages of the General Assembly shall be credited as present by the school in which enrolled in the same manner as an educational field trip; 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell

Y Dempsey Y Dickson E Dollar
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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James E Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B

Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell

E Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stanley-Turner Y Starr Y Stephens
Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B

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Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Hamilton 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 Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard
Williams, A Y Williams, E Y Williams, M Y Williams, R Y 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.

Representative Fludd of the 66th stated that he inadvertently voted "nay" on 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 House and has instructed me to report the same back to the House with the following recommendation:
HB 297 Do Pass, by Substitute

Respectfully submitted, /s/ McCall of the 30th
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 390 Do Pass HB 396 Do Pass

HB 472 Do Pass HB 498 Do Pass, by Substitute

WEDNESDAY, FEBRUARY 28, 2007

745

Respectfully submitted, /s/ Maxwell of the 17th
Vice-Chairman
The Speaker announced the House in recess until 1:00 o'clock, this afternoon.

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JOURNAL OF THE HOUSE

AFTERNOON SESSION
The Speaker called the House to order.
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 and Homeland Security:
HB 218. By Representative Day of the 163rd:
A BILL to be entitled an Act to amend Code Section 52-2-10 of the Official Code of Georgia Annotated, relating to the application of traffic laws and enforcement by security guards employed with the Georgia Ports Authority, so as to require that those employees of the authority who are authorized to exercise the powers of arrest shall be certified peace officers subject to the Georgia Peace Officer Standards and Training Council; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 472. By Representative Manning of the 32nd:
A RESOLUTION recognizing and commending the advocacy efforts on behalf of all current, former, and future youth in foster care by the Youth Advocates of Georgia, the Metro Atlanta Youth Opportunities Initiative (MAYOI), the Youth Advisory Board of the Multi-Agency Alliance for Children (MAAC), and For Youth, By Youth (FYBY) and inviting the leadership of these organizations to appear before the House of Representatives; and for other purposes.
The following Resolutions of the House were read:
HR 474. By Representative Everson of the 106th:
A RESOLUTION commending and congratulating Gabrielle Richards; and for other purposes.
HR 475. By Representatives Dollar of the 45th, Cheokas of the 134th, Freeman of the 140th, Byrd of the 20th and Fleming of the 117th:

WEDNESDAY, FEBRUARY 28, 2007

747

A RESOLUTION expressing cultural, economic, and educational cooperation with Taiwan and supporting Taiwan's participation with the World Health Organization and other international organizations; and for other purposes.
HR 476. By Representative Beasley-Teague of the 65th:
A RESOLUTION commending Jonathan Cory Jones; and for other purposes.
HR 477. By Representative Everson of the 106th:
A RESOLUTION commending Sheryl Ferguson, the 2008 W.C. Britt Elementary School Teacher of the Year; and for other purposes.
HR 478. By Representative Everson of the 106th:
A RESOLUTION commending Deb Sumpter, the 2008 Brookwood High School Teacher of the Year; and for other purposes.
HR 479. By Representative Everson of the 106th:
A RESOLUTION commending Jeannie Suender, the 2008 Brookwood Elementary School Teacher of the Year; and for other purposes.
HR 480. By Representatives Smith of the 129th, Smith of the 131st and Nix of the 69th:
A RESOLUTION recognizing and congratulating Carson Hand on being named one of the top youth volunteers in Georgia for 2007; and for other purposes.
HR 481. By Representatives Brooks of the 63rd, Holmes of the 61st, Wilkinson of the 52nd, Thomas of the 55th, Sinkfield of the 60th and others:
A RESOLUTION expressing regret at the passing of Ms. Maenell Dixen Dempsey; and for other purposes.
HR 482. By Representative Lewis of the 15th:
A RESOLUTION expressing regret at the passing of Perry Goad; and for other purposes.

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HR 483. By Representative Lewis of the 15th:
A RESOLUTION expressing regret at the passing of Ric Mason; and for other purposes.
HR 484. By Representative Crawford of the 16th:
A RESOLUTION recognizing and congratulating Greg Teems for being named the 2007 Artist of the Year by Rockmart Civic Arts Commission; and for other purposes.
HR 485. By Representative Drenner of the 86th:
A RESOLUTION recognizing Reverend Robert Clay White, Jr.; and for other purposes.
HR 486. By Representative Drenner of the 86th:
A RESOLUTION congratulating Miss Jillian Graetz upon her winning the Miss Georgia American Beauty Pageant.
HR 487. By Representatives Brooks of the 63rd, Talton of the 145th and Jones of the 44th:
A RESOLUTION expressing regret at the passing of Mr. Howard Baugh, Sr.; and for other purposes.
HR 488. By Representative Powell of the 29th:
A RESOLUTION recognizing and commending Nancy Clark on the occasion of her retirement; and for other purposes.
HR 489. By Representatives Powell of the 29th, Bearden of the 68th, Lane of the 158th, Hanner of the 148th, Porter of the 143rd and others:
A RESOLUTION honoring and remembering the life of Mr. Ralph Lively; and for other purposes.
HR 490. By Representatives Powell of the 29th, Jamieson of the 28th, Jenkins of the 8th, Benton of the 31st, Rogers of the 26th and others:
A RESOLUTION recognizing and commending Janice A. Riley on the occasion of her fortieth year of service in community action; and for other purposes.

WEDNESDAY, FEBRUARY 28, 2007

749

HR 491. By Representative Porter of the 143rd:
A RESOLUTION commending Mr. and Mrs. Delano Butler on the occasion of their fiftieth wedding anniversary; and for other purposes.
HR 492. By Representatives Peake of the 137th, Freeman of the 140th, Cole of the 125th, Sellier of the 136th, Lucas of the 139th and others:
A RESOLUTION congratulating the 2006 First Presbyterian Day School Cross Country Team on winning the Georgia Independent School Association (GISA) Class AAA Boys State Championship; and for other purposes.
HR 493. By Representatives Golick of the 34th and Teilhet of the 40th:
A RESOLUTION honoring and remembering the life of Mr. Harold Arthur Smith; and for other purposes.
HR 494. By Representatives Wilkinson of the 52nd, Geisinger of the 48th, Willard of the 49th, Millar of the 79th, Lindsey of the 54th and others:
A RESOLUTION honoring the centennial of United Parcel Service of America, Inc. (UPS) and recognizing the contributions of the company to the citizens of Georgia; and for other purposes.
HR 495. By Representative Powell of the 29th:
A RESOLUTION recognizing and commending Robert Duncan Summer; and for other purposes.
HR 496. By Representatives McCall of the 30th, England of the 108th, Lane of the 158th, James of the 135th, Royal of the 171st and others:
A RESOLUTION recognizing and commending outstanding citizen Cameron Smoak; and for other purposes.
HR 497. By Representative Powell of the 29th:
A RESOLUTION honoring and remembering the life of Mr. Sammy Jackson Beggs; and for other purposes.

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HR 498. By Representative Powell of the 29th:
A RESOLUTION honoring and remembering the life of Mr. William Oscar "Cedric" Pruitt, Sr.; and for other purposes.
HR 499. By Representatives Powell of the 29th, Hanner of the 148th, Shaw of the 176th, Porter of the 143rd, Parrish of the 156th and others:
A RESOLUTION honoring and remembering the life of Mr. Thomas Watson Brown, Sr.; and for other purposes.
HR 500. By Representatives Bearden of the 68th and Butler of the 18th:
A RESOLUTION expressing regret at the passing of Fred Hutchins; and for other purposes.
HR 501. By Representatives Smyre of the 132nd, Hugley of the 133rd, Smith of the 131st and Buckner of the 130th:
A RESOLUTION remembering Mrs. Dorothy Lowe Wingo; and for other purposes.
HR 502. By Representatives Smyre of the 132nd, Buckner of the 130th, Hugley of the 133rd, Buckner of the 130th and Smith of the 131st:
A RESOLUTION expressing regret and condolences on the passing of Dr. James Clarence Mosley, Jr.; and for other purposes.
HR 503. By Representatives Cole of the 125th and Freeman of the 140th:
A RESOLUTION celebrating the 200th anniversary of the founding of Jones County, Georgia; and for other purposes.
HR 504. By Representative Hudson of the 124th:
A RESOLUTION commending Robert L. Moore and congratulating him on the occasion of his retirement; and for other purposes.
HR 505. By Representative Smith of the 131st:
A RESOLUTION celebrating the birth of Emma Kaitlynn Patterson; and for other purposes.

WEDNESDAY, FEBRUARY 28, 2007

751

HR 506. By Representatives Setzler of the 35th, Tumlin of the 38th and Manning of the 32nd:

A RESOLUTION recognizing and commending Celebrate Life International and the Teach One to Lead One program; and for other purposes.

HR 507. By Representatives McKillip of the 115th, Benfield of the 85th, Drenner of the 86th, Kaiser of the 59th, Levitas of the 82nd and others:

A RESOLUTION commending R.E.M. on their induction into the Rock & Roll Hall of Fame and into the Georgia Music Hall of Fame; 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant Y Buckner Y Burkhalter Y Burns
Butler Y Byrd Y Carter, A
Carter, B Y Casas Y Chambers Y Channell Y Cheokas
Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H
Davis, S Day

Y Dempsey Y Dickson E Dollar E Drenner
Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J
Fludd Y Forster
Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon
Graves Y Greene Y Hamilton Y Hanner
Harbin Y Hatfield Y Heard, J E Heard, K Y Heckstall E Hembree
Henson Hill, C Y Hill, C.A Y Holmes

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

Y Martin Y Maxwell
May McCall Y McKillip Y Meadows Y Millar Mills Y Mitchell Morgan Morris Mosby Y Mumford Murphy Y Neal Y Nix Oliver Y O'Neal Parham Y Parrish Y Parsons Y Peake Porter Y Powell Y Pruett Y Ralston Y Randall Reece E Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

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On the adoption of the Resolutions, the ayes were 121, nays 0.

The Resolutions were adopted.

The following supplemental Rules Calendar was read and adopted:

HOUSE SUPPLEMENTAL RULES CALENDAR WEDNESDAY, FEBRUARY 28, 2007

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 107

Municipal government; additional requirements; certain franchise fees; provisions (Substitute)(EU&T-46th)

HB 311

Georgia HERO Scholarship; qualifying term of service; change definition (App-117th)

HB 386

Superior court fees; instrument recordings; provide additional fees (Judy167th)

Modified Open Rule

HB 274

Notaries; qualifications; application; change certain provisions (Substitute)(Judy-54th)

Modified Structure Rule

None

Structured Rule

HB 30

Housing authorities; private enterprise agreement; redefine (W&M-81st)

HB 182

Property tax digest; positive tax allocation increments; prohibit use (Substitute)(W&M-47th)

WEDNESDAY, FEBRUARY 28, 2007

753

HB 225

State income tax; certain college savings plans; change certain provisions (W&M-171st)

HB 354

Local government; homeowner tax relief grant notification; provisions (Substitute)(W&M-146th)

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

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

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

HB 354. By Representative O`Neal of the 146th:

A BILL to be entitled an Act to amend Titles 36 and 48 of the Official Code of Georgia Annotated, relating, respectively, to local government and revenue and taxation, so as to establish procedures and due dates for notification of homeowner tax relief grants; to provide for recording of tax executions; to change certain income requirements for taxpayers 62 years of age or older seeking a homestead exemption for school tax purposes; to change certain provisions regarding the transmission of resolutions setting the terms of members of boards of tax assessors; to provide for additional return filing requirements for public utilities; 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 Titles 36 and 48 of the Official Code of Georgia Annotated, relating, respectively, to local government and revenue and taxation, so as to change certain state and local tax procedures; to establish procedures and due dates for notification of homeowner tax relief grants; to provide for recording of tax executions; to change certain income requirements for taxpayers 62 years of age or older seeking a homestead exemption for school tax purposes; to change certain provisions regarding the transmission of resolutions setting the terms of members of boards of tax assessors; to provide for additional return filing requirements for public utilities; to provide for related

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matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by revising subsection (a) of Code Section 36-89-4, relating to procedures and conditions for homeowner tax relief grant allotment, as follows:
"(a)(1) When funds are appropriated as provided in Code Section 36-89-3, such grants shall be allotted to each county, municipality, and county or independent school district in the this state as follows:
(A) Immediately following the actual preparation of ad valorem property tax bills, but no later than one year after the date the final installment of taxes was due, each county fiscal authority shall notify the Department of Revenue of the total amount of tax revenue which would be generated by applying the sum of the state and county millage rates to the eligible assessed value of each qualified homestead in the county. The total amount of actual tax credits, so calculated, given to all qualified homesteads in the county shall be the amount of the grant to that county; (B) Immediately following the actual preparation of ad valorem property tax bills, but no later than one year after the date the final installment of taxes was due, each county or independent school district's fiscal authority shall notify the Department of Revenue of the total amount of tax revenue which would be generated by applying the school millage rate to the eligible assessed value of each qualified homestead in the county or independent school district. The total amount of actual tax credits, so calculated, given to all qualified homesteads in the county or independent school district shall be the amount of the grant to that county or independent school district; and (C) Immediately following the actual preparation of ad valorem property tax bills, but no later than one year after the date the final installment of taxes was due, each municipality's fiscal authority shall notify the Department of Revenue of the total amount of tax revenue which would be generated by applying the municipal millage rate to the eligible assessed value of each qualified homestead in the municipality. The total amount of actual tax credits, so calculated, given to all qualified homesteads in the municipality shall be the amount of the grant to that municipality. (2) Credit amounts computed under paragraph (1) of this subsection shall be applied to reduce the otherwise applicable tax liability on a dollar-for-dollar basis, but the credit granted shall not in any case exceed the amount of the otherwise applicable tax liability after the granting of all applicable homestead exemptions except for any homestead exemption under Article 2A of Chapter 8 of Title 48, the 'Homestead Option Sales and Use Tax Act,' as amended, and after the granting of all applicable millage rollbacks.

WEDNESDAY, FEBRUARY 28, 2007

755

(3) A county fiscal authority, county or independent school district fiscal authority, or municipal fiscal authority that fails to notify the Department of Revenue of the total amount of actual tax credits given to all qualified homesteads by the date specified in this Code section shall forfeit its rights to the grant for such tax year. The state revenue commissioner may waive the notification requirement and authorize issuance of the grant whenever and to the extent that the state revenue commissioner reasonably determines that the failure to timely notify the Department of Revenue was due to reasonable cause and not due to willful neglect or disregard of the law or of regulations or instructions issued pursuant to the law."
SECTION 2. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising subsection (b) of Code Section 48-3-3, relating to executions by tax collectors and commissioners, as follows:
"(b) The tax collector or tax commissioner shall issue executions for nonpayment of taxes collectable by the tax collector or tax commissioner at any time after 30 days have elapsed since giving notice as provided in subsection (c) of this Code section. The executions shall be directed to all and singular sheriffs and constables of the this state. and within 30 days of issuance the tax collector or tax commissioner shall have the tax execution recorded in the records of the clerk of the superior court of the county where the execution was issued. If the tax collector or tax commissioner fails to have the execution recorded in the records of the clerk of the superior court of the county where the execution was issued within 30 days of issuance of the tax execution, the tax collector or tax commissioner shall void the tax execution and renotify the taxpayer of the delinquency as provided in subsection (c) of this Code section. The tax collector or tax commissioner shall issue a new execution for nonpayment of taxes collectable by the tax collector or tax commissioner at any time after 30 days have elapsed since the renotification notice was issued."
SECTION 3. Said title is further amended by revising subsection (b) of Code Section 48-5-52, relating to homestead exemptions from ad valorem taxation for educational purposes for qualified individuals who are 62 years of age or older, as follows:
"(b)(1) The exemption provided for in subsection (a) of this Code section shall not be granted unless an affidavit of the owner of the homestead, prepared upon forms prescribed by the commissioner for that purpose, is filed with either the tax receiver or tax commissioner, in the case of residents of county school districts, or with the governing authority of the owner's city, in the case of residents of independent school districts. (2) The affidavit shall in the first year for which the exemption is sought be filed on or before the last day for making a tax return and shall show the:
(A) Age of the owner on January 1 immediately preceding the filing of the affidavit;

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(B) Total amount of net income received by the owner and spouse from all sources during the immediately preceding calendar year; and (C) Total amount of income received from all sources by each individual member of the owner's family residing within the homestead; and (D) Such additional information as may be required by the commissioner. (3) Copies of all affidavits received or extracts of the information contained in the affidavits shall be forwarded to the commissioner by the various taxing authorities with whom the affidavits are filed. The commissioner is authorized to compare such information with information contained in any income tax return, sales tax return, or other tax documents or records of the department and to report immediately to the appropriate county or city taxing authority any apparent discrepancies between the information contained in any affidavit and the information contained in any other tax records of the department. (4) After the owner has filed the affidavit and has once been allowed the exemption provided for in this Code section, it shall not be necessary to make application and file the affidavit thereafter for any year and the exemption shall continue to be allowed to such owner; provided, however, that it shall be the duty of any such owner to notify the tax commissioner or tax receiver in the event the owner becomes ineligible for any reason for the exemption provided for in this Code section."
SECTION 4. Said title is further amended by revising subsection (a) of Code Section 48-5-295, relating to terms of office, vacancies, and removal by county governing authority, as follows:
"(a) Each member of the county board of tax assessors appointed to such office on and after July 1, 1996, shall be appointed by the county governing authority for a term of not less than three nor more than six years. A county governing authority shall, by resolution, within the range provided by this subsection, select the length of terms of office for members of its county board of tax assessors. Following the adoption of such resolution, all new appointments and reappointments to the county board of tax assessors shall be for the term lengths specified in the resolution; however, such resolution shall not have the effect of shortening or extending the terms of office of current members of the board of assessors whose terms have not yet expired. The county governing authority shall not be authorized to again change the term length until the expiration of the term of office of the first appointment or reappointment following the resolution that last changed such terms of office. If the resolution changing the terms of office of members of the board of tax assessors would result in a voting majority of the board of tax assessors having their terms expire in the same calendar year, the county governing authority shall provide in the resolution for staggered initial appointments or reappointments of a duration of not less than three nor more than six years that will prevent such an occurrence. The county governing authority shall transmit to the board of assessors commissioner a copy of the resolution setting the

WEDNESDAY, FEBRUARY 28, 2007

757

length of terms of members of the county board of tax assessors within ten days of the date the resolution is adopted. Any member of the county board of tax assessors shall be eligible for reappointment after review of his or her service on the board by the appointing authority. Such review shall include education and certification information furnished by the commissioner. Any member of the county board of tax assessors who fails to maintain the certification and qualifications specified pursuant to Code Section 48-5-291 shall not be eligible for reappointment until all requirements have been met. In case of a vacancy on the board at any time, whether caused by death, resignation, removal, or otherwise, the vacancy shall be immediately filled by appointment of the county governing authority. Any person appointed to fill a vacancy shall be appointed only to serve for the remainder of the unexpired term of office and shall possess the same qualifications required under this part for regular appointment to a full term of office."
SECTION 5. Said title is further amended by revising subsection (b) of Code Section 48-5-511, relating to returns of public utilities to commissioner, as follows:
"(b) The returns of each public utility shall be in writing and sworn to under oath by the chief executive officer to be a just, true, and full return of the fair market value of the property of the public utility without any deduction for indebtedness. Each class or species of property shall be separately named and valued as far as practicable and shall be taxed like all other property under the laws of this state. The returns shall also include the capital stock, net annual profits, gross receipts, business, or income (gross, annual, net, or any other kind) for which the public utility is subject to taxation by the laws of this state. Each parcel of real estate included in the return shall be identified by its physical address and by a description adequate for the commissioner to properly identify such parcel. Other descriptive information includes, but is not limited to, the map or parcel identification information of the real estate being returned."
SECTION 6. (a) Section 1 of this Act shall become effective upon its approval by the Governor or upon this Act's becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2007. (b) This section and Sections 2, 3, 4, 5, and 7 of this Act shall become effective upon this Act's 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.

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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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant Y Buckner Y Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas
Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S
Day

Y Dempsey Y Dickson E Dollar E Drenner
Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
Harbin Y Hatfield Y Heard, J E Heard, K Y Heckstall E Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

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

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris
Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake
Porter Y Powell Y Pruett Y Ralston Y Randall
Reece E Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

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

On the passage of the Bill, by substitute, the ayes were 137, 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 311. By Representatives Fleming of the 117th, Harbin of the 118th, O`Neal of the 146th, Yates of the 73rd, Talton of the 145th and others:

WEDNESDAY, FEBRUARY 28, 2007

759

A BILL to be entitled an Act to amend Subpart 10A of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia HERO Scholarship, so as to change the definition of the term "qualifying term of service"; to change the date for qualifying service; to repeal conflicting laws; and for other purposes.

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

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

E Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas
Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S
Day

Y Dempsey Y Dickson E Dollar E Drenner
Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J E 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
Hudson Y Hugley
Jackson Y Jacobs
James E Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T
Jones, J Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk Lucas Lunsford Y Maddox Mangham Y Manning Y Marin

Y Martin Y Maxwell Y May
McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris
Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake
Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the passage of the Bill, the ayes were 141, nays 0.

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JOURNAL OF THE HOUSE

The Bill, having received the requisite constitutional majority, was passed.
Representative Sims of the 119th 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 107. By Representatives Jones of the 46th, Burkhalter of the 50th, Rice of the 51st, Mills of the 25th and Rogers of the 26th:
A BILL to be entitled an Act to amend Code Section 36-34-2 of the Official Code of Georgia Annotated, relating to general powers regarding administration of municipal government, so as to provide for additional requirements with respect to certain franchise fees; 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 36-34-2 of the Official Code of Georgia Annotated, relating to general powers regarding administration of municipal government, so as to provide for additional requirements with respect to certain franchise fees; to provide for an exemption with respect to certain fees; 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 36-34-2 of the Official Code of Georgia Annotated, relating to general powers regarding administration of municipal government, is amended by revising paragraph (7) as follows:
"(7)(A) The power to grant franchises to or make contracts with railroads, street railways, or urban transportation companies, electric light or power companies, gas companies, steam-heat companies, telephone and telegraph companies, water companies, and other public utilities for the use and occupancy of the streets of the city, for the purpose of rendering utility services, upon such conditions and for such time as the governing authority of the municipal corporation may deem wise and subject to the Constitution and the general laws of this state. (B) The amount of fees collected from customers of public utilities or companies as a result of franchise agreements or contracts authorized by this paragraph shall be itemized on bills or invoices transmitted to customers for utility services. The requirements of this subparagraph shall not apply to fees that are included in the system-wide charges or base rates of a public utility or company subject to a franchise agreement or contract."

WEDNESDAY, FEBRUARY 28, 2007

761

SECTION 2. This Act shall become effective on January 1, 2008.

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S
Day

Y Dempsey Y Dickson E Dollar E 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J E Heard, K Y Heckstall E Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

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

Y Martin Y Maxwell Y May
McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake
Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the passage of the Bill, by substitute, the ayes were 141, nays 0.

762

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The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Sims of the 119th 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 182. By Representatives Martin of the 47th, Royal of the 171st, Scott of the 2nd and Williams of the 4th:
A BILL to be entitled an Act to amend Code Section 48-5-274 of the Official Code of Georgia Annotated, relating to the establishment of the equalized adjusted property tax digest, so as to provide that positive tax allocation increments shall not be used in calculating certain tax digest amounts; 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 48-5-274 of the Official Code of Georgia Annotated, relating to the establishment of the equalized adjusted property tax digest, so as to provide that positive tax allocation increments shall not be used in calculating certain tax digest amounts; 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 48-5-274 of the Official Code of Georgia Annotated, relating to the establishment of the equalized adjusted property tax digest, is amended by revising subsection (b) as follows:
"(b) The state auditor shall establish on a continuing basis, no later than November 15 in each year, an equalized adjusted property tax digest for each county in the state and for the state as a whole for the current calendar year. All real and personal property exempted from taxation shall be excluded from the digest. Such digest shall exclude all real and personal property exempted from taxation and the difference between the value of all taxable property within any tax allocation district and the tax allocation increment base of such tax allocation district as defined under paragraph (15) of Code Section 3644-3 for which consent has been obtained pursuant to Code Section 36-44-9. The state auditor may establish a unit within the Department of Audits and Accounts consisting of such number of personnel as is deemed necessary in order to establish and maintain

WEDNESDAY, FEBRUARY 28, 2007

763

on a continuing basis the equalized adjusted property tax digest. The equalized adjusted property tax digest shall be established and maintained as follows:
(1) Determine the locally assessed valuation of the county property tax assessment digest for the preceding calendar year, exclusive of real and personal property exempted from taxation and, exclusive of the difference between the value of all taxable property within any tax allocation district and the tax allocation increment base of such tax allocation district as defined under paragraph (15) of Code Section 36-44-3 for which consent has been obtained pursuant to Code Section 36-44-9, exclusive of railroad equipment company property shown on the county railroad equipment company property tax digest, exclusive of any property subject to current use valuation on the county property tax digest, and exclusive of the locally assessed valuation of timber harvested or sold; (2) Determine the fair market value for timber harvested or sold during the calendar year; (3) Divide the sum of the locally assessed valuation of the county property tax assessment digest under paragraph (1) of this subsection by the ratio of assessed value to fair market value of the property established by the state auditor in accordance with paragraph (8) of this subsection; (4) Determine the fair market value of the county railroad equipment company property tax digest for the preceding calendar year; (5) Determine the sum of the current use valuation of the county property tax digest; (6) Determine the total fair market value of the Public Utility Digest as established by the commissioner; (7) The total of the sums obtained through the calculations prescribed in paragraphs (2), (3), (4), (5), and (6) of this subsection shall be known as the current equalized adjusted property tax digest of the county. The sum of the current equalized adjusted property tax digest of all counties of the state combined shall be known as the current equalized adjusted property tax digest for the state as a whole; and (8) Establish for each county in the state the ratio of assessed value to fair market value of county property subject to taxation, excluding railroad equipment company property. The ratio shall be determined by establishing the ratio of assessed value to sales price for each of a representative number of parcels of real property, the titles to which were transferred during a period of time to be determined by the state auditor, and then by establishing the measure of central tendency for the county as a whole based upon a representative number of usable transactions studied. The representative number of transactions shall not include any parcel of which the sales price is not reflective of the fair market value of such property as fair market value is defined in Code Section 48-5-2. The state auditor shall supplement realty sales price data available in any county with actual appraisals of a representative number of parcels of farm property and industrial and commercial property located within the county, the titles to which were not transferred within the period of time determined by the state auditor. The state auditor may make appraisals on other types of real property located within the county when adequate realty sales data cannot be obtained on such

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property. The representative number of parcels of each class of real property as defined by the commissioner used for the study shall be determined by the state auditor. The state auditor may use the same ratio for other personal property, excluding motor vehicles, within the county as is finally determined for real property within the county."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges
Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M

Y Dempsey Y Dickson E Dollar E 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
Harbin Y Hatfield Y Heard, J E Heard, K Y Heckstall E Hembree

Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley
Jackson Y Jacobs
James E Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J
Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford

Y Martin Y Maxwell Y May
McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake
Porter Y Powell Y Pruett Y Ralston Y Randall
Reece E Reese Y Rice Y Roberts Y Rogers

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

WEDNESDAY, FEBRUARY 28, 2007

765

Y Crawford, R Y Davis, H Y Davis, S
Day

Y Henson Y Hill, C Y Hill, C.A Y Holmes

Y Maddox Y Mangham Y Manning Y Marin

Y Royal Y Rynders Y Sailor Y Scott, A

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.

HB 225. By Representatives Royal of the 171st, Golick of the 34th, Roberts of the 154th, Keen of the 179th, O`Neal of the 146th and others:

A BILL to be entitled an Act to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income for state income tax purposes, so as to change certain provisions regarding the deduction for contributions to certain college savings plans; to provide an effective date; to provide 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:

E Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell

Y Dempsey Y Dickson Y Dollar E 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene

Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James E Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J
Jones, S Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B

Martin Y Maxwell Y May
McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix
Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake
Porter Y Powell

E Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon
Shipp Y Sims, B Y Sims, C Y Sims, F
Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B

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Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S
Day

Y Hamilton Y Hanner
Harbin Y Hatfield Y Heard, J E Heard, K Y Heckstall E Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord
Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y Pruett Y Ralston Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M 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.

Representative Jordan of the 77th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 386. By Representatives Lane of the 167th and Willard of the 49th:

A BILL to be entitled an Act to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to superior court fees and construction of fee provisions, so as to provide for additional filing fees for recording an instrument that requires cross-indexing to other previously recorded documents; to provide for additional filing fees for recording an instrument that cancels, satisfies, or releases certain liens; to require that clerks perform certain functions with regard to lien cancellations or requests for crossindexing; to provide for recording by electronic means; 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 Abrams Y Amerson Y Ashe Y Barnard N Bearden Y Beasley-Teague Y Benfield Y Benton Y Black

Y Dempsey Y Dickson Y Dollar E Drenner
Dukes Ehrhart Y England Y Epps Y Everson Y Fleming

Y Holt N Horne Y Houston
Howard Hudson Y Hugley Y Jackson Y Jacobs James E Jamieson

Martin Y Maxwell N May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan

E Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon
Shipp Y Sims, B Y Sims, C Y Sims, F
Sinkfield

WEDNESDAY, FEBRUARY 28, 2007

767

Bridges Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M N Crawford, R Y Davis, H Y Davis, S
Day

E Floyd, H Y Floyd, J Y Fludd
Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon N Graves Y Greene Y Hamilton Y Hanner
Harbin N Hatfield Y Heard, J E Heard, K Y Heckstall E Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J
Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox N Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake
Porter N Powell Y Pruett Y Ralston Y Randall Y Reece E Reese Y Rice Y Roberts N Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the passage of the Bill, the ayes were 142, nays 9.

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

The Speaker assumed the Chair.

The following Resolution of the House was read:

HR 473. 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 2007 regular session of the General Assembly for the period of March 1, 2007, through April 17, 2007, shall be as follows:
Thursday, March 1 .....................................................in session for legislative day 27 Friday March 2, through Sunday, March 18 ..............in adjournment Monday, March 19 .....................................................in session for legislative day 28

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JOURNAL OF THE HOUSE

Tuesday, March 20 .....................................................in session for legislative day 29 Wednesday, March 21 through Monday, March 26...in adjournment Tuesday, March 27 .....................................................in session for legislative day 30 Wednesday, March 28 ................................................in session for legislative day 31 Thursday, March 29 ...................................................in session for legislative day 32 Friday March 30 .........................................................in session for legislative day 33 Saturday, March 31 through Monday, April 9 ...........in adjournment Tuesday, April 10 .......................................................in session for legislative day 34 Wednesday, April 11..................................................in session for legislative day 35 Thursday, April 12 .....................................................in session for legislative day 36 Friday, April 13 through Monday, April 16 ...............in adjournment Tuesday, April 17 .......................................................in session for legislative day 37

BE IT FURTHER RESOLVED that on and after April 17, 2007, the periods of adjournment of the 2007 session, if any, shall be as specified by subsequent resolution of the General Assembly, except that for the remainder of the 2007 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers

Y Dempsey Y Dickson Y Dollar E 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves

Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James E Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T
Jones, J Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake
Porter

E Scott, M Y Sellier Y Setzler
Shaw Y Sheldon
Shipp Y Sims, B Y Sims, C Y Sims, F
Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M

WEDNESDAY, FEBRUARY 28, 2007

769

Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S
Day

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

Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y Powell Y Pruett Y Ralston Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the adoption of the Resolution, the ayes were 156, nays 0.

The Resolution was adopted.

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 30. By Representative Chambers of the 81st:

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.

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter

Y Dempsey Y Dickson Y Dollar E 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 Frazier

Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs
James E Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J
Jones, S

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix

E Scott, M Y Sellier Y Setzler
Shaw Y Sheldon
Shipp Y Sims, B Y Sims, C
Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V E Smyre

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JOURNAL OF THE HOUSE

Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S
Day

Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton
Hanner Harbin N Hatfield Y Heard, J E Heard, K Y Heckstall E Hembree Henson Y Hill, C Y Hill, C.A Y Holmes

Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Marin

Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake
Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R N Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 148, nays 2.

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

HB 274. By Representatives Lindsey of the 54th and Kaiser of the 59th:

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 following Committee substitute was read and adopted:

A BILL

To amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to notaries public, so as to provide for additional qualifications of a notary; to change certain provisions relating to the notary's application; to change certain provisions relating to a notary's obligation to advise the clerk of superior court of certain changes in personal information; 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:

WEDNESDAY, FEBRUARY 28, 2007

771

SECTION 1. Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to notaries public, is amended by revising Code Section 45-17-2, relating to qualifications of notaries, as follows:
"45-17-2. (a) Any individual applying for appointment to be a notary public must be shall:
(1) Be at At least 18 years old; (2) Be a legal A resident of this state the United States; (3) Be a legal A resident of the county from which such individual is appointed; and (4) Have, and provide at the time of the application, the applicant's operating telephone number; and (4)(5) Be able Able to read and write the English language. (b) The qualifications of paragraphs (2) and (3) qualification of paragraph (3) of subsection (a) of this Code section shall not apply to any nonresident individual applying for appointment as a notary public under the provisions of Code Section 4517-7."
SECTION 2. Said article is further amended by revising Code Section 45-17-2.1, relating to the notary's application, as follows:
"(a)(1) Any individual desiring to be a notary public shall submit application to the clerk of superior court of the county in which the individual resides or, when applying under the provisions of Code Section 45-17-7, to the clerk of superior court of the county in which the individual works or has a business. Except for applicants applying under the provisions of Code Section 45-17-7, the applicant shall submit proof to the clerk of superior court that he or she resides in the county in which the applicant is applying. Such proof shall consist of one of the following:
(A) A valid Georgia driver's license; (B) A valid United States passport; (C) A valid voter identification card; or (D) Such other valid identification issued by a local, state, or federal government. (2) The applicant shall sign and swear or affirm as outlined in paragraph (2) of subsection (b) of this Code section to the truthfulness of the application which shall state: (1)(A) That the applicant resides or works or has a business in the county of application and the address of the residence or business. The applicant shall use his or her residential address for purposes of the application and may only use a business address for the application if the applicant is applying pursuant to the provisions of Code Section 45-17-7; (2)(B) That the applicant is at least 18 years old; (3)(C) That the applicant can read and write the English language; (D) That the applicant has an operating telephone number;

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JOURNAL OF THE HOUSE

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

commission held by the applicant; and

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

contendere, except minor traffic violations.

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

applicant for initial appointment as a notary public shall also submit the following

endorsement and declaration to the clerk of superior court of the county in which the

individual makes application:

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

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

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

endorsement shall be in the following form:

I,

(name of endorser)

, being 18 years of age or older and a legal

resident of

(name of county)

, believe the applicant for a notary public

commission,

(name of applicant)

, who is not related to myself, to be a

person of integrity, of good moral character, and capable of performing notarial

acts. I have known the applicant for one month or more.

_______________________ __________

(Signature of endorser) (Date)

_______________________

(Address of endorser)

_____________________________

(Telephone number of endorser)

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

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

following form:

I,

(name of applicant)

, do solemnly swear or affirm under penalty of

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

complete, and correct.

__________________________

(Signature of applicant)

State of ____________

County of __________

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

_______________________, the person who signed the preceding declaration of

applicant in my presence and who swore or affirmed that

(he/she)

understood the document and freely declared it to be truthful.

__________________________________ (Official signature of the notary) (Official seal of the notary)"

WEDNESDAY, FEBRUARY 28, 2007

773

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

SECTION 4. Said article is further amended by revising subsection (b) of Code Section 45-17-20, relating to penalties and prosecution of violations of the article, as follows:
"(b) Each clerk of superior court is authorized to recommend to the appropriate prosecuting officers that criminal proceedings be instituted for violations of this article Any person who performs any notarial service without complying with the provisions of this article shall, upon the first or second conviction, be guilty of a misdemeanor and upon a third or subsequent conviction be guilty or a felony, punishable by imprisonment of not less than one year nor more than five years, a fine of up to $5,000.00, or both."

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black
Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter

Y Dempsey Y Dickson Y Dollar E 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 Frazier

Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs
James E Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J
Jones, S

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix

E Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon
Shipp Y Sims, B Y Sims, C Y Sims, F
Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V E Smyre

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JOURNAL OF THE HOUSE

Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S
Day

Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J E Heard, K Y Heckstall E Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham Y Manning
Marin

Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake
Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece E Reese
Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M 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.

Representative Marin of the 96th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Robbie Rivers; Clerk GA House of Representatives

Dear Mr. Clerk:

After we reconvened today at 1:00, I was in a meeting with Mr. Jim Lientz of the Governors Office until after adjournment for the day.

On all votes taken after the 1:00 readjournment, I wish to be recorded as voting "aye."

Thank You

Rep. Burke Day HD 163

February 28, 2007

WEDNESDAY, FEBRUARY 28, 2007

775

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 and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 229 Do Pass HR 102 Do Pass, by Substitute
Respectfully submitted, /s/ Harbin of the 118th
Chairman
Representative Morris of the 155th District, Chairman of the Committee on Code Revision, submitted the following report:
Mr. Speaker:
Your Committee on Code Revision 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 605 Do Pass
Respectfully submitted, /s/ Morris of the 155th
Chairman
Representative Lewis of the 15th District, Chairman of the Committee on Energy, Utilities, and Telecommunications, submitted the following report:
Mr. Speaker:
Your Committee on Energy, Utilities, and Telecommunications 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 288 Do Pass, by Substitute HB 389 Do Pass

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Respectfully submitted, /s/ Lewis of the 15th
Chairman

Representative Hembree of the 67th District, Chairman of the Committee on Higher Education, submitted the following report:

Mr. Speaker:

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

HB 458 HB 467 HR 322

Do Pass, by Substitute Do Pass Do Pass

Respectfully submitted, /s/ Hembree of the 67th
Chairman

Representative Day of the 163rd District, Chairman of the Committee on Public Safety and Homeland Security, submitted the following report:

Mr. Speaker:

Your Committee on Public Safety and Homeland Security has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:

HB 218 Do Pass, by Substitute

Respectfully submitted, /s/ Day of the 163rd
Chairman

Representative Barnard of the 166th District, Chairman of the Committee on State Institutions and Property, submitted the following report:

Mr. Speaker:

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

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777

HR 369 Do Pass HR 370 Do Pass

Respectfully submitted, /s/ Barnard of the 166th
Chairman

Representative Smith of the 129th District, Chairman of the Committee on Transportation, submitted the following report:

Mr. Speaker:

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

HB 426 HB 536 HB 610

Do Pass Do Pass, by Substitute Do Pass

HR 195 HR 201 HR 321

Do Pass Do Pass, by Substitute 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.

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Representative Hall, Atlanta, Georgia

Thursday, March 1, 2007

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 Abrams Amerson Ashe Bearden
E Beasley-Teague Benfield Benton Black Bridges Brooks Bryant Buckner Burkhalter Burns Butler Byrd Carter, A Carter, B Casas Chambers Channell Cheokas Coan Coleman Collins Cooper Cox Crawford, M Crawford, R Davis, H

Davis, S Day Dempsey Dickson Drenner Ehrhart England Everson Fleming E Floyd, H Floyd, J Fludd E Forster Franklin Frazier Freeman Gardner Geisinger Glanton E Golick Gordon Graves Greene Hamilton Hanner Hatfield Heard, J Heard, K Hembree E Henson Hill, C

Holmes Holt E Horne Houston Howard Hugley E Jackson Jacobs E James E Jamieson Jenkins Jerguson Johnson, C Johnson, T Jones, S Kaiser Keown Knight Knox Lakly Lane, B Lane, R Levitas Lewis Lindsey Lord Loudermilk Lucas Lunsford Maddox

E Mangham Manning Martin Maxwell May McCall McKillip Meadows Millar Mills Mitchell Morris Mosby Mumford
E Murphy Neal Nix O'Neal
E Parham Parrish Parsons Peake Powell Pruett Ralston Randall Reece Reese Rice Roberts

Royal Rynders Scott, A E Scott, M Sellier Setzler Shaw Sheldon Shipp Sims, B Sims, F Smith, B Smith, L Smith, R Smith, T Smith, V E Smyre E Stanley-Turner Stephens Talton Teilhet Thomas, B Tumlin Willard E Williams, A E Williams, E Williams, M 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, Bruce of the 64th, Cole of the 125th, Dollar of the 45th, Epps of the 128th, Harbin of the 118th, Hill of the 180th, Hudson of the 124th, Jones of the 46th, Jordan of the 77th, Keen of the 179th, Marin of the 96th, Morgan of the 39th, Oliver of the 83rd, Porter of the 143rd, Rogers of the 26th, Sailor of the 93rd, Sims of the 169th, Sinkfield of the 60th, Starr of the 78th, Stephenson of the 92nd, Thomas of the 55th, Walker of the 107th, Watson of the 91st, Wilkinson of the 52nd, and Wix of the 33rd.

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779

They wish to be recorded as present.
Prayer was offered by Reverend Reginald Gunn, Calvary Episcopal Church, Americus, Georgia.
The members pledged allegiance to the flag.
Representative Lakly of the 72nd, 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 637. By Representative Coleman of the 97th:
A BILL to be entitled an Act to amend Code Section 20-2-281 of the Official Code of Georgia Annotated, relating to the assessment of effectiveness of educational programs under the "Quality Basic Education Act," so as to revise provisions relating to nationally norm-referenced instruments in reading, mathematics, science, and social studies; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.

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HB 638. By Representative Jenkins of the 8th:
A BILL to be entitled an Act to amend Code Section 36-62-5.1 of the Official Code of Georgia Annotated, relating to joint authorities, so as to provide that if so provided by local law applicable to an authority which has been created and activated, no resolution creating and activating a joint authority shall authorize authority members or directors to nominate or appoint their successors in office; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 639. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Code Section 47-2-223 of the Official Code of Georgia Annotated, relating to retirement benefits under the Employees Retirement System of Georgia for those in service in the Uniform Division of the Department of Public Safety, so as to provide that certain members of such retirement system may elect to pay an additional employee contribution to such retirement system; to provide that any such person may retire at age 55 or after accruing at least 25 years of creditable service and receive an enhanced retirement benefit; to provide that any such election shall be irrevocable; to provide for persons in service on July 1, 2008; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 640. By Representatives Benton of the 31st, Bearden of the 68th, England of the 108th, Hatfield of the 177th and McCall of the 30th:
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 certain protections for statues, monuments, plaques, banners, structures, and other commemorative symbols; to provide certain requirements for several government entities regarding statues, monuments, plaques, banners, structures, and other commemorative symbols; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.

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781

HB 641. By Representative Coleman of the 97th:
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 revise a provision relating to the delegation of authority to employ staff at the Department of Education; to provide that the State Board of Education can solicit donations, grants, gifts, devises, and bequests; to establish the Georgia Educational Excellence Foundation and provide for its membership, duties, powers, and purposes; to provide that the State School Superintendent is authorized to enter into contracts for $100,000.00 or less; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 642. By Representatives Cox of the 102nd, Sheldon of the 105th, Thomas of the 100th, Coleman of the 97th, Everson of the 106th and others:
A BILL to be entitled an Act to amend Code Section 36-74-30 of the Official Code of Georgia Annotated, relating to other local code enforcement methods and probable cause for investigations required, so as to provide that a local government may require the registration of residential rental property; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 643. By Representatives Mills of the 25th and Rogers of the 26th:
A BILL to be entitled an Act to authorize the City of Oakwood 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 Intragovernmental Coordination - Local.
HB 644. By Representatives Mills of the 25th and Rogers of the 26th:
A BILL to be entitled an Act to provide a new charter for the City of Oakwood; 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,

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terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, suspension, 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; to provide for the office of mayor and mayor pro tempore and certain duties and powers relative thereto; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for effective dates; to provide for severability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 645. By Representatives Mills of the 25th and Rogers of the 26th:
A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in the City of Oakwood; 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 notes and other obligations of said district or districts; to provide for authorized contents of agreements and instruments of the board generally, use of proceeds of notes or other obligations, and subsequent issues of notes or other obligations; to provide for construction; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolution; to provide the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 646. By Representatives Walker of the 107th, Oliver of the 83rd and Benfield of the 85th:
A BILL to be entitled an Act to amend Chapter 10 of Title 30 of the Official Code of Georgia Annotated, relating to community trusts for handicapped persons, so as to provide for various revisions to prohibit discrimination regarding the use of community trusts based on the age of an impaired person; to revise legislative findings; to revise the definition of "impairment"; to provide for the treatment of contributions to a community trust by a beneficiary over the age of 65; to change certain provisions relating to documents establishing a community trust; to provide for a statutory approved form of community trust joinder agreement; to provide for related

THURSDAY, MARCH 1, 2007

783

matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 647. By Representatives Setzler of the 35th, Tumlin of the 38th, Cooper of the 41st, Johnson of the 37th, Wix of the 33rd and others:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, 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 Intragovernmental Coordination - Local.
HB 648. By Representatives Knox of the 24th, Meadows of the 5th, Maxwell of the 17th and Rogers of the 26th:
A BILL to be entitled an Act to amend Code Section 33-42-4 of the Official Code of Georgia Annotated, relating to definitions for long-term care insurance, so as to provide for changes to certain definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 649. By Representatives Smith of the 168th, Williams of the 178th, Lane of the 167th, Sims of the 169th and Shaw of the 176th:
A BILL to be entitled an Act to amend Chapter 8 of Title 2 of the Official Code of Georgia Annotated, 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 an audit; 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 Chapter 13 of Title 50, 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.

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HB 650. By Representatives Smith of the 131st, Geisinger of the 48th, Meadows of the 5th and Lane of the 167th:
A BILL to be entitled an Act to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to use of safety belts in passenger vehicles, so as to change certain penalties for violations; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 651. By Representatives Meadows of the 5th, Scott of the 153rd, Hamilton of the 23rd, Jones of the 46th, Burns of the 157th and others:
A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for a definition; to provide for the incorporation of townships; to provide for the requirements and methodology for such incorporations; to provide for annexations of such townships; to provide for the conversion of such townships into municipal corporations; to provide for certain taxing powers and other duties and powers of such townships; 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 652. By Representatives Manning of the 32nd and Reece of the 11th:
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, so as to enact the 'Blind Persons' Braille Literacy Rights and Education Act'; to provide definitions; to require Braille instruction in the individualized education program of a student who is a blind or visually impaired child; to provide requirements for the individualized education program; to provide requirements for textbook publishers; to provide requirements relating to Braille for certain teachers; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 653. By Representative Ralston of the 7th:
A BILL to be entitled an Act to amend Article 4 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to bombs, explosives, and

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chemical and biological weapons, so as to expand the crime of hoax devices; to increase penalties for hoax devices; to provide for additional restitution as it relates to hoax devices; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 654. By Representatives Manning of the 32nd, Walker of the 107th, Harbin of the 118th, Stephenson of the 92nd, Coleman of the 97th and others:
A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health, so as to enact the "Student Asthma Management Act"; to provide for legislative findings; to define the term "asthma management plan"; to provide for a student asthma management plan for each student identified with asthma; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 655. By Representatives Smith of the 113th, Holt of the 112th and Amerson of the 9th:
A BILL To be entitled an Act to amend Chapter 1 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions relative to handicapped persons, so as to change certain provisions relating to a definition of hearing impaired person; and the Georgia Service Center for Hearing Impaired Persons; to create the Georgia Commission on Hearing Impaired and Deaf Persons and provide for its members, powers, and duties; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 656. By Representatives Williams of the 89th, Lunsford of the 110th, Mangham of the 94th, Brooks of the 63rd, Watson of the 91st and others:
A BILL to be entitled an Act to amend Code Section 47-3-121, relating to optional retirement allowances under the Teachers Retirement System of Georgia, election of such options, and revocation of election, so as to provide that a member who upon retirement elects survivor's benefits for a spouse and another may, in the event of divorce, revoke such election as to the spouse; to provide that the member may elect to reallocate the spouse's share amount among the other beneficiaries or such beneficiaries shall continue to

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be entitled to the same benefit; to provide for a recalculation of the member's benefit; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 657. By Representative Mitchell of the 88th:
A BILL to be entitled an Act to authorize the City of Stone Mountain 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 Intragovernmental Coordination - Local.
HB 658. By Representative Powell of the 29th:
A BILL to be entitled an Act to amend Code Section 47-2-123 of the Official Code of Georgia Annotated, relating to allowance payable under the Employees Retirement System of Georgia upon death, disability, or involuntary separation from employment, restrictions on separating from state service, and employee entitled to involuntary separation benefits, so as to provide that disability benefit calculations shall be applicable without regard to age; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 659. By Representative Powell of the 29th:
A BILL to be entitled an Act to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to prior service credit and payments to obtain credit in the Employees Retirement System of Georgia, so as to extend the date by which a member must apply for creditable service for certain military service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.

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787

HB 660. By Representatives James of the 135th and Sellier of the 136th:
A BILL to be entitled an Act to create a board of elections and registration for Peach 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.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 661. By Representative Burkhalter of the 50th:
A BILL to be entitled an Act to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of rates, underwriting rules, and related organizations, so as to create a workers compensation records inquiry service to be established and maintained by the State Board of Workers Compensation; to name which entities shall furnish data; to provide for reporting criteria; to provide for applicability and fees; to provide for resolution of reimbursement disputes; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HR 468. By Representative Houston of the 170th:
A RESOLUTION commemorating Sheriff D. J. Connell and dedicating the Sheriff D. J. Connell Memorial Highway; and for other purposes.
Referred to the Committee on Transportation.
HR 469. By Representative Greene of the 149th:
A RESOLUTION designating a portion of SR 45 Alternate in Calhoun County as the Charles and Mary Cowart Bypass; and for other purposes.

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Referred to the Committee on Transportation.
HR 470. By Representatives Dickson of the 6th, Casas of the 103rd and Maxwell of the 17th:
A RESOLUTION encouraging the Department of Education and the State Board of Education to periodically review its reporting requirements; and for other purposes.
Referred to the Committee on Education.
HR 471. By Representatives Day of the 163rd, Stephens of the 164th 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 508. By Representatives Smith of the 113th, Burkhalter of the 50th, Harbin of the 118th, Ehrhart of the 36th and Cheokas of the 134th:
A RESOLUTION creating the House Study Committee on the University System of Georgia's Intellectual Property Rights Management; and for other purposes.
Referred to the Committee on Higher Education.
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 662. By Representatives Oliver of the 83rd, Forster of the 3rd, Abrams of the 84th 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 change

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certain provisions relating to detention of unruly children and status offenders; to change the definition of unruly; to change provisions relating to when detention of a child is permitted; to change provisions relating to place of detention; to change provisions relating to dispositional hearings for delinquent or unruly children; to change provisions relating to disposition of unruly children; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 665. By Representatives Rice of the 51st, Coleman of the 97th and Maxwell of the 17th:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change the name of the department that enforces the provisions of this law; to allow release of student attendance records to the Department of Driver Services; to provide for private schools and home study programs to release information on their students to the department; to provide for release of student information by public schools to visiting teachers or attendance officers; to provide for reports to juvenile courts of students who are absent in violation of the law; to provide for consent for release of information; to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, so as to provide for restrictions on issuance of permits to minors; to provide for notification to the department of student violations; to provide for consent to release information to the department; 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 667. By Representatives Levitas of the 82nd, Chambers of the 81st, Coan of the 101st, Hill of the 21st, Lunsford of the 110th and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, so as to provide that reasonable restrictive covenants are valid restraints of trade or commerce; 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.

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HR 511. By Representatives Scott of the 153rd, Sheldon of the 105th, Holt of the 112th, Meadows of the 5th, Fleming of the 117th and others:

A RESOLUTION creating the Joint Study Committee on Local Government; and for other purposes.

Referred to the Committee on Governmental Affairs.

HR 512. By Representatives Scott of the 153rd, Houston of the 170th, Meadows of the 5th and Dollar of the 45th:

A RESOLUTION creating the Joint Study Committee on State Health Benefit Plan Design; and for other purposes.

Referred to the Committee on Governmental Affairs.

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

HB 588 HB 589 HB 590 HB 591 HB 592 HB 593 HB 594 HB 595 HB 596 HB 597 HB 598 HB 599 HB 600 HB 601 HB 602 HB 603 HB 604 HB 605 HB 606 HB 607 HB 608 HB 609 HB 610 HB 611

HB 621 HB 622 HB 623 HB 624 HB 625 HB 626 HB 627 HB 628 HB 629 HB 630 HB 631 HB 632 HB 633 HB 634 HB 635 HB 636 HR 420 HR 421 HR 422 HR 423 HR 424 HR 425 HR 426 HR 427

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HB 612 HB 613 HB 614 HB 615 HB 616 HB 617 HB 618 HB 619 HB 620

SB 30 SB 103 SB 104 SB 124 SB 128 SB 131 SB 158 SB 186 SR 133

Representative Rynders of the 152nd District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

Your Committee on Intragovernmental Coordination - 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 496 HB 523 HB 524 HB 555 HB 573

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

HB 574 HB 575 HB 576 HB 580 HB 582

Do Pass Do Pass Do Pass Do Pass Do Pass

Respectfully submitted, /s/ Rynders of the 152nd
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 147 Do Pass, by Substitute HB 286 Do Pass, by Substitute

Respectfully submitted, /s/ Ralston of the 7th
Chairman

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Representative Rice of the 51st District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

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

HB 77 Do Pass, by Substitute HB 518 Do Pass

Respectfully submitted, /s/ Rice of the 51st
Chairman

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

HOUSE RULES CALENDAR THURSDAY, MARCH 1, 2007

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 69

Driver's records; online; Department of Driver Services; charging fee; prohibit (MotV-43rd)

HB 144

Motor vehicles; used; sale or advertising; change certain exceptions (Substitute)(RegI-98th)

HB 183

Motor vehicles; certificates of title; definitions; change certain provisions (Substitute)(MotV-31st)

HB 191

Colquitt County Board of Education; nonpartisan elections; provide (IGC171st)

HB 208 School councils; parent members; majority; provide (Substitute)(Ed-46th)

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793

HB 243

HOPE scholarships; eligible postsecondary institution; revise definition (Substitute)(HEd-67th)

HB 247

Local government; water and sewer systems; change certain provisions (Substitute)(GAff-113th)

HB 270

Juvenile proceedings; appointment of guardian ad litem; change provisions (Substitute)(JudyNC-7th)

HB 313

Georgia Correctional Industries Administration; certain inmate work programs; clarify (SI&P-166th)

HB 424

Workers' compensation; claim filings; benefits; examinations; provisions (IndR-101st)

HB 448

Retirement; term life insurance; certain eligible persons; establish two funds (Substitute)(Ret-10th)

HR 246

Board of Regents; urge to establish intercollegiate wrestling programs (HEd-25th)

Modified Open Rule

None

Modified Structured Rule

HB 510

Boating safety zones; Lake Oconee; certain vessels; change certain provisions (GF&P-116th)

Structured Rule

HB 148 Sales and use tax; aquariums; provide exemption (Substitute)(W&M-50th)

HB 193 Sales and use tax; jet fuel; additional exemption (Substitute)(W&M-50th)

HB 353

Revenue and taxation; unclaimed property; provisions (Substitute)(W&M146th)

HB 374 Hotel motel tax; definitions; change certain provisions (W&M-25th)

HB 410 Municipal Option Sales Tax Act; enact (Substitute)(W&M-148th)

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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 496. By Representative Greene of the 149th:
A BILL to be entitled an Act to provide a new charter for the City of Arlington; 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 effective dates; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend an Act reincorporating the City of Arlington in the County of Calhoun and Early, State of Georgia, approved April 10, 1971 (Ga. L. 1971, p. 3885), as amended, so as to extensively revise said charter; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for 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 administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein;

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to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act reincorporating the City of Arlington in the County of Calhoun and Early, State of Georgia, approved April 10, 1971 (Ga. L. 1971, p. 3885), as amended, is amended by striking Articles I through VII and inserting in lieu thereof the following:
"ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Name.
This city and the inhabitants thereof are reincorporated by the enactment of this charter and are constituted and declared a body politic and corporate under the name and style Arlington, Georgia, and by that name shall have perpetual succession.
SECTION 1.11. Corporate boundaries.
(a) The boundaries of this city shall be those existing on the earliest effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the City of Arlington city hall and to be identified by the city clerk as 'Official Map of the corporate limits of the City of Arlington, Georgia.' Photographic, typed, or other copies of such map or description certified by the City of Arlington shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.
SECTION 1.12. 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

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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. (c) The powers of the city 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 the same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this charter; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for municipalities 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; (4) Business regulation and taxation. To levy and to provide for collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or such other 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 governing authority, utilizing procedures provided by the O.C.G.A. as the same shall exist from time to time; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city and to make and carry out all 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 through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (9) 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

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general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business in the city benefiting from such services or to whom such services are available; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) 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; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal property ownership. To acquire, dispose of, lease, option, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and

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penalties and to provide for the withdrawal of service for refusal or failure to pay the same; (21) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a firefighting agency; (25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under procedures provided by the O.C.G.A. as the same shall exist from time to time; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (29) Public utilities and services. To grant franchises or make contracts for or impose taxes on public utilities and public service companies and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Georgia Public Service Commission; (30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city;

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(32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, provide drainage for, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sanitary 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; (34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use 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 the city may deem to be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (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,

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health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated 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
SECTION 2.10. City council creation; number; election.
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. The city council established in this charter shall in all respects be a successor to and continuation of the city governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by this charter. The mayor and councilmembers serving on the effective date of this charter shall continue to serve for the remainder of their terms and until their successors are duly elected and qualified.
SECTION 2.11. City councilmembers; terms and qualifications for office.
The 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 city for one year prior to the date of the election of mayor or members of the city council; each person holding city office shall continue to reside therein during that person's period of service and to be registered and qualified to vote in municipal elections of this city.

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SECTION 2.12. Vacancy and filling of vacancies.
(a) Vacancies--The office of mayor or councilmember shall become vacant upon the occurrence of any event specified by the Constitution of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Filling of vacancies--A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment by the remaining councilmembers if less than six months remain in the unexpired term, otherwise by an election as provided for in Section 5.14 of this charter and Titles 21 and 45 of the O.C.G.A. or such other laws as are or may hereafter be enacted; provided, however, that such office shall also become vacant upon the unexcused absence of the officeholder from four consecutive regularly scheduled meetings of the city council. Excused absences shall be granted only by vote of the remaining city councilmembers and mayor as provided in Section 2.21 of this charter and shall be entered upon the minutes of the council meeting.
SECTION 2.13. Compensation and expenses.
The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance.
SECTION 2.14. Holding other office; voting when personally interested.
(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Neither the mayor nor any councilmember shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which that person is financially interested.
SECTION 2.15. Inquiries and investigations.
Following the adoption of an authorizing resolution, 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 provided by ordinance.

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SECTION 2.16. General power; authority of the city council.
Except as otherwise provided by law or this charter, the city council shall be vested with all the powers of government of this city.
SECTION 2.17. Eminent domain.
The city council is empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities and any other public improvements inside or outside the city and to regulate the use thereof; and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.
SECTION 2.18. Organizational meetings.
The city council shall hold an organizational meeting at the first regularly scheduled meeting in January following the election as provided in Section 5.11 of this charter. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows:
'I do solemnly swear or affirm that I will properly perform the duties of the office of ______________ in and for the City of Arlington, to the best of my knowledge, skill, and ability; that I am not the holder of any unaccounted for public money due to the State of Georgia 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, which I am by the laws of the State of Georgia prohibited from holding; that I am qualified to hold the office which I am about to enter according to the Constitution and laws of Georgia; that I will support the Constitution of the United States and the State of Georgia; that I have been a resident of the post from which elected and the City of Arlington for the time required by the Constitution and laws of the State of Georgia and the charter of the City of Arlington, so help me God.'
SECTION 2.19. Meetings.
(a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance.

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(b) Special meetings of the city council may be held on call of the mayor or two members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 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 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 made as fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.
SECTION 2.20. Rules of procedure.
(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 chairs and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.
SECTION 2.21. Quorum; voting.
Four councilmembers other than the mayor or the mayor and three councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of four councilmembers or three councilmembers and the mayor shall be required for the adoption of any ordinance, resolution, or motion. The mayor shall vote only in the event of a tie or when an affirmative or negative vote of the mayor constitutes a majority of four votes. An abstention shall not be counted as either an affirmative or negative vote.
SECTION 2.22. Ordinance form; procedures.
(a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its

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title. The enacting clause shall be 'It is hereby ordained by the governing authority of the City of Arlington...' and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 2.24 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 2.23. Action requiring an ordinance.
Acts of the city council which have the force and effect of law shall be enacted by ordinance.
SECTION 2.24. Emergencies.
(a) To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or three councilmembers and may promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted.

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SECTION 2.25. Codes of technical regulations.
(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 2.21 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 2.26 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.
SECTION 2.26. Signing; authenticating; recording; codification; printing.
(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 city council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and 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 Arlington, Georgia.' Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the 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 currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
SECTION 2.27. Election of mayor; forfeiture; compensation.

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The mayor shall be elected and shall serve for a term of four years and until the mayor's successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of the city for 12 months prior to the election. The mayor shall continue to reside in this city during the period of the mayor's service. The mayor shall forfeit the office of mayor on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers.
SECTION 2.28. Chief executive officer; delegation of powers.
The mayor shall be the chief executive of this city. The mayor shall possess all of the executive and administrative power granted to the city under the Constitution and laws of the State of Georgia, and all the executive powers contained in this charter.
SECTION 2.29. Powers and duties of mayor.
As the chief executive of this city, the mayor shall: (1) See that all laws and ordinances of the city are faithfully executed; (2) Exercise supervision over all executive and administrative work of the city and over all employees and departments of the city and provide for the coordination of administrative activities; (3) Prepare and submit to the councilmembers a recommended operating budget and capital budget; (4) Submit to the councilmembers at least once a year a statement covering the financial conditions of the city and from time to time such other information as the councilmembers may request; (5) Recommend to the councilmembers such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as the mayor may deem expedient; (6) Call special meetings of the councilmembers as provided for in subsection (b) of Section 2.19 of this charter; (7) Preside at all meetings of the city council and vote only in the event of a tie or when an affirmative or negative vote by the mayor constitutes a majority of four votes; (8) Provide for an annual audit of all accounts of the city; (9) Require any department or agency of the city to submit written reports whenever the mayor deems it expedient; and (10) Perform such other duties as may be required by law, this charter, or ordinance.
SECTION 2.30. Mayor pro tempore; selection; duties.

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By a majority vote, the councilmembers shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall preside at all meetings of the councilmembers and shall assume the duties and powers of the mayor upon the mayor's physical or mental disability. The mayor pro tempore shall vote as a member of the city council at all times when serving as provided in this section.
ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.10. Administrative and service departments.
(a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, alter, consolidate, or leave vacant all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. (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 mayor, be responsible for the administration and direction of the affairs and operations of that director's department or agency. (e) All appointed officers, directors, and department heads under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. All appointed officers, directors, and department heads shall be employees at will and subject to removal or suspension at any time by the mayor unless otherwise provided by law or ordinance.
SECTION 3.11. Boards, commissions, and authorities.
(a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law.

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(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 in this charter for 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 that person has executed and filed with the clerk of the city an oath obligating that person to perform faithfully and impartially the duties of that person's office, such oath shall be prescribed by ordinance and administered by the mayor. (g) All members of boards serve at will and may be removed at any time by a vote of three by the councilmembers unless otherwise provided by law. (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 own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.
SECTION 3.12. City attorney.
The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense of 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 city council as directed; shall advise the city council 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 such person's position as city attorney.
SECTION 3.13. City clerk.
The city council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal and city records; maintain city council records required by this charter; and perform such other duties as may be required by the city council.

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SECTION 3.14. Personnel policies.
All employees serve at will and may be removed from office at any time unless otherwise provided by ordinance.
ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Creation; name.
There shall be a court to be known as the Municipal Court of the City of Arlington.
SECTION 4.11. Chief judge; associate judge.
(a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as 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 possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges serve at will and may be removed from office at any time by the city council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that such judge will honestly and faithfully discharge the duties of the judge's office to the best of the judge's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20 of this charter.
SECTION 4.12. Convening.
The municipal court shall be convened at regular intervals as provided by ordinance.
SECTION 4.13. Jurisdiction; 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 authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail.

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(c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 180 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing, as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and casemaking of prisoners bound over to superior courts for violations 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 such court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, that person's bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court 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. (h) 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.
SECTION 4.14. 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 Calhoun County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 4.15. Rules for court.

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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 municipal courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to such proceedings.
SECTION 4.16. Indigent defense and prosecutor.
(a) The mayor and city council shall have the authority to provide for a solicitor for the municipal court and to provide for the defense of indigent persons before the court charged with violations of state laws and municipal ordinances. The expense of such prosecution and defense may be paid in whole or in part from funds received as provided in subsections (b) and (c) of this section. (b) In every case in the municipal court in which the court imposes a fine for a violation of a state law or a city ordinance, a fee may be imposed for purposes of subsection (a) of this section. (c) At the time of posting bail or bond in any case before the municipal court, an additional sum shall be posted, and in every case in which the court orders the forfeiture of bail or bond, the additional sum posted shall be distributed for use as provided in subsection (a) of this section.
ARTICLE V ELECTIONS AND REMOVAL
SECTION 5.10. Applicability of general law.
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.
SECTION 5.11. Regular elections; time for holding.
Beginning in 2007 and every four years thereafter, on the Tuesday next following the first Monday in November there shall be an election for the mayor and the councilmembers for Posts 1, 2, and 3. Beginning in 2009 and every four years thereafter, on the Tuesday next following the first Monday in November there shall be an election for the councilmembers for Posts 4, 5, and 6. The terms of office shall begin at the organizational meeting as provided in Section 2.18 of this charter.

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SECTION 5.12. Nonpartisan elections.
Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations.
SECTION 5.13. Election by majority vote.
The mayor and councilmembers shall be elected by a majority vote of the votes cast for each position.
SECTION 5.14. Special elections; vacancies.
In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.12 of this charter, the city council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' as now or hereafter amended.
SECTION 5.15. Other provisions.
Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations as it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' as now or hereafter amended.
SECTION 5.16. Removal of officers.
(a) A councilmember, the mayor, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1) Following a hearing at which an impartial panel shall render a decision. 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. The city council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be

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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 Calhoun 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 Calhoun County following a hearing on a complaint seeking such removal brought by any resident of the City of Arlington.
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 rate; due dates; payment methods.
The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due.
SECTION 6.12. Occupation and business taxes.
The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The city council may classify businesses, occupations, or professions 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; permits; fees.
The city council by ordinance shall have the power to require businesses or practitioners doing business in this city to obtain a permit for such activity from the city and pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall 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.

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SECTION 6.14. Franchises.
(a) 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, electric membership corporations, cable television and other telecommunications 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, 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 city clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.
SECTION 6.15. Service charges.
The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and 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. Special assessments.
The city council by ordinance shall have the power to assess and collect the cost 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. Construction; other taxes.
This city shall be empowered to levy any other tax or fee allowed now or hereafter by

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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 and fees.
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 permits for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions.
SECTION 6.19. General obligation bonds.
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 such 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. Short-term 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. Lease-purchase contracts.
The city may enter into multiyear lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies,

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provided the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of Code Section 36-60-13 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted.
SECTION 6.23. Fiscal year.
The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government.
SECTION 6.24. 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 plan, and a capital budget, including requirements as to the scope, content, and form of such budgets and plans.
SECTION 6.25. 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 mayor 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 mayor 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 other pertinent comments and information. The operating budget and the capital budget provided for in this charter, 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 6.26. Action by city council on budget.
(a) The councilmembers may amend the operating budget proposed by the mayor, 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.

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(b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than July 1 of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 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 allotment thereof to which it is chargeable.
SECTION 6.27. Levy of taxes.
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 expenses of the general government of this city.
SECTION 6.28. Changes in appropriations.
The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus.
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 auditing principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of annual audit reports shall be available at printing costs to the public.

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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 by or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.19 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 and lease of property.
(a) The city council may sell and convey or lease any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report 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 sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.

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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. Prior ordinances.
All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council.
SECTION 7.12. Existing personnel and officers.
Except as specifically provided otherwise by this charter, all personnel and officers of this city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 180 days before or during which time the existing city council shall pass a transition ordinance detailing the changes in personnel and appointed officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.
SECTION 7.13. Pending 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 7.14. Construction and definitions.
(a) Section captions in this charter are informative only and are not to 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 7.15. Severability.
If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality

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shall not affect nor impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other."
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 523. By Representatives Burkhalter of the 50th, Willard of the 49th, Jones of the 46th, Rice of the 51st and Martin of the 47th:
A BILL to be entitled an Act to create the City of Johns Creek Public Buildings and 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, to contract payments to the authority 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 fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for the validation of bonds; to provide for the separate enactment of each provision of this Act; 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 524. By Representatives Burkhalter of the 50th, Willard of the 49th, Jones of the 46th, Rice of the 51st and Martin of the 47th:
A BILL to be entitled an Act to create the City of Johns Creek Parks and Recreation Authority; to authorize such authority to acquire, construct, equip, maintain, and operate or contract for services to provide athletic and recreational centers, facilities, and areas, including, but not limited to, playgrounds, parks, hiking, camping, and picnicking areas and facilities,

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swimming and wading pools, lakes, tennis courts, athletic fields and courts, clubhouses, gymnasiums, auditoriums, youth centers, senior citizen centers, stadiums, performing arts centers, cultural centers, related buildings, golf courses, and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities; to acquire parking facilities and parking areas in connection therewith; to provide that bonds be validated as authorized by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law"; to provide for construction; to provide for personnel; to provide for conveyance of property upon 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.
HB 555. By Representative Shaw of the 176th:
A BILL to be entitled an Act to create a board of elections and registration for Clinch County and provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of its members; to provide for the qualification, terms, and removal of members and for filling vacancies; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of certain powers and duties and 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 officers 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 for effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 573. By Representative Morris of the 155th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Lyons 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 applicability; to provide for a referendum, effective

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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 574. By Representative Morris of the 155th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Vidalia independent school district ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 575. By Representative Morris of the 155th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Santa Claus 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 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 576. By Representative Morris of the 155th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Vidalia 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 applicability; to provide for a

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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 580. By Representative Williams of the 178th:

A BILL to be entitled an Act to amend an Act providing for the compensation and selection of the Board of Education of Pierce County, approved April 12, 1982 (Ga. L. 1982, p. 4649), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4642), so as to provide for the salary and expenses of the members of such board of education; 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 582. By Representative Shaw of the 176th:

A BILL to be entitled an Act to amend an Act creating the Small Claims Court of Lanier County, now the Magistrate Court of Lanier County, approved April 6, 1981 (Ga. L. 1981, p. 3452), so as to provide that on and after January 1, 2009, the probate judge shall serve as chief magistrate of the Magistrate Court of Lanier County; to provide for the number and method of appointment for magistrates serving in such court; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague
Benfield

Y Dempsey Y Dickson
Dollar Drenner Y Dukes Y Ehrhart Y England Epps

Y Holt E Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs

Y Martin Y Maxwell E May Y McCall Y McKillip Y Meadows Y Millar Y Mills

E Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C

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Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Everson Y Fleming E Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton 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

E James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S
Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey
Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox E Mangham Y Manning Y Marin

Y Mitchell Morgan
Y Morris Y Mosby Y Mumford E Murphy Y Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake
Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece
Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the passage of the Bills, the ayes were 145, 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:

SB 12. By Senators Shafer of the 48th, Rogers of the 21st, Hill of the 4th, Goggans of the 7th, Moody of the 56th and others:

A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, known as the "Budget Act," so as to eliminate provisions relating to the annual continuation budget report; to provide for the periodic application of zero-base budgeting to the budget process; to provide for analysis of departmental and program

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825

objectives; to provide for consideration of alternative funding levels; to provide for departmental priority lists; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 29. By Senators Staton of the 18th, Shafer of the 48th, Rogers of the 21st, Tolleson of the 20th, Chapman of the 3rd and others:
A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to management of budgetary and financial affairs by the Office of Planning and Budget, so as to require the creation of an Internet website on which the public can view the state budget; to provide for the content and capabilities of such website; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 55. By Senators Unterman of the 45th, Staton of the 18th, Balfour of the 9th, Orrock of the 36th, Harp of the 29th and others:
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 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.
SB 115. By Senators Shafer of the 48th, Johnson of the 1st, Williams of the 19th, Rogers of the 21st, Pearson of the 51st and others:
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 the licensure provisions for residential and general contractors; to revise certain definitions; to provide that the State Licensing Board for Residential and General Contractors may provide interpretation and guidance on the policies and procedures of the board; to provide for inactive licenses; to provide for categories of licenses; to allow the board to contract for the development and administration of examinations; to revise the manner of renewing licenses; to provide for penalties for intentionally attempting to evade licensing requirements; to provide for exceptions to licensing

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requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 116. By Senators Tolleson of the 20th, Williams of the 19th, Bulloch of the 11th and Hill of the 4th:
A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the State Forestry Commission, so as to change provisions relating to the qualifications of the director of the commission; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 209. By Senator Whitehead, Sr. of the 24th:
A BILL to be entitled an Act to amend an Act providing for a supplement to the compensation, expenses, and allowances of the judges of the Superior Court of the Augusta Judicial Circuit, approved April 6, 1981 (Ga. L. 1981, p. 595), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 4454), so as to change the provisions relating to such supplement; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 371. By Representative Mills of the 25th:
A BILL to be entitled an Act to authorize the City of Flowery Branch 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 adopted by the requisite constitutional majority the following resolutions of the Senate and House:
SR 249. By Senators Grant of the 25th, Harp of the 29th, Harbison of the 15th, Goggans of the 7th, Smith of the 52nd and others:
A RESOLUTION authorizing the granting of nonexclusive easements for operation and maintenance of facilities, utilities, and ingress and egress, in, on, over, under, upon, across, or through property owned by the State of Georgia in Cobb, Floyd, Gwinnett, Muscogee, Paulding, and Ware counties, Georgia; to repeal conflicting laws; and for other purposes.

THURSDAY, MARCH 1, 2007

827

HR 473. By Representative Keen of the 179th:

A RESOLUTION relative to adjournment; and for other purposes.

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

SB 12.

By Senators Shafer of the 48th, Rogers of the 21st, Hill of the 4th, Goggans of the 7th, Moody of the 56th and others:

A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, known as the "Budget Act," so as to eliminate provisions relating to the annual continuation budget report; to provide for the periodic application of zero-base budgeting to the budget process; to provide for analysis of departmental and program objectives; to provide for consideration of alternative funding levels; to provide for departmental priority lists; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Budget and Fiscal Affairs Oversight.

SB 29.

By Senators Staton of the 18th, Shafer of the 48th, Rogers of the 21st, Tolleson of the 20th, Chapman of the 3rd and others:

A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to management of budgetary and financial affairs by the Office of Planning and Budget, so as to require the creation of an Internet website on which the public can view the state budget; to provide for the content and capabilities of such website; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Budget and Fiscal Affairs Oversight.

SB 55.

By Senators Unterman of the 45th, Staton of the 18th, Balfour of the 9th, Orrock of the 36th, Harp of the 29th and others:

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 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

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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.
Referred to the Committee on Regulated Industries.
SB 115. By Senators Shafer of the 48th, Johnson of the 1st, Williams of the 19th, Rogers of the 21st, Pearson of the 51st and others:
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 the licensure provisions for residential and general contractors; to revise certain definitions; to provide that the State Licensing Board for Residential and General Contractors may provide interpretation and guidance on the policies and procedures of the board; to provide for inactive licenses; to provide for categories of licenses; to allow the board to contract for the development and administration of examinations; to revise the manner of renewing licenses; to provide for penalties for intentionally attempting to evade licensing requirements; to provide for exceptions to licensing requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
SB 116. By Senators Tolleson of the 20th, Williams of the 19th, Bulloch of the 11th and Hill of the 4th:
A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the State Forestry Commission, so as to change provisions relating to the qualifications of the director of the commission; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
SB 209. By Senator Whitehead, Sr. of the 24th:
A BILL to be entitled an Act to amend an Act providing for a supplement to the compensation, expenses, and allowances of the judges of the Superior Court of the Augusta Judicial Circuit, approved April 6, 1981 (Ga. L. 1981, p. 595), as amended, particularly by an Act approved April 19, 2000 (Ga. L.

THURSDAY, MARCH 1, 2007

829

2000, p. 4454), so as to change the provisions relating to 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 Judiciary.
SR 249. By Senators Grant of the 25th, Harp of the 29th, Harbison of the 15th, Goggans of the 7th, Smith of the 52nd and others:
A RESOLUTION authorizing the granting of nonexclusive easements for operation and maintenance of facilities, utilities, and ingress and egress, in, on, over, under, upon, across, or through property owned by the State of Georgia in Cobb, Floyd, Gwinnett, Muscogee, Paulding, and Ware counties, Georgia; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Institutions & Property.
The following members were recognized during the period of Morning Orders and addressed the House:
Jones of the 44th, Nix of the 69th, Randall of the 138th, Freeman of the 140th, and Ralston of the 7th.
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 264. By Representatives Millar of the 79th, Willard of the 49th, Geisinger of the 48th and Wilkinson of the 52nd:
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 definitions; to provide for legislative intent; 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.
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 State Planning & Community Affairs:
HB 541. By Representatives Smith of the 168th, Morris of the 155th, Sims of the 169th, Williams of the 178th, Maddox of the 172nd and others:

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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.
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 448. By Representatives Bridges of the 10th and Maxwell of the 17th:
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 establish two funds for the provision of term life insurance to certain eligible persons; to provide for a retired and vested inactive members fund and an active members fund; to provide for fund assets; to provide for contributions to the fund; to provide for the management and investing of fund assets; 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 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to establish two funds for the provision of term life insurance to certain eligible persons; to provide for a retired and vested inactive members fund and an active members fund; to provide for fund assets; to provide for contributions to the fund; to provide for the management and investing of fund assets; 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 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by revising subsection (c) of Code Section 47-2-54, relating to payment of state employee contributions on behalf of employees, inclusion if contributions in compensation for determining benefits, and adjustment in compensation of state employees, as follows:
"(c) Of the one-half of 1 percent deducted from the earnable compensation of members, one-quarter of 1 percent shall be credited to each member's account in the

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831

annuity savings fund, and the remaining one-quarter of 1 percent shall be credited to the group term life insurance fund, as provided in Code Section 47-19-10, in lieu of the deduction required under Code Section 47-2-128. If a member is not covered by group term life insurance, the entire one-half of 1 percent deducted from his earnable compensation shall be credited to his individual account in the annuity savings fund."
SECTION 2. Said title is further amended by revising subsection (c) of Code Section 47-2-334, relating to service retirement allowance, calculation, employee membership contributions, employer contributions, optional membership, conditions, and construction of provision, as follows:
"(c) From and after July 1, 1990, every member subject to this Code section shall contribute employee membership contributions in an amount not less than 1 percent nor greater than 1 1/2 percent of earnable compensation, which shall be deducted by each employer from the earnable compensation of each member for each and every payroll period and paid monthly to the board of trustees; provided, however, that any reduction in such percentage shall be based upon the recommendation of the actuary of the board of trustees, 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 such other factors as the board deems relevant. Of the percentage deducted from the earnable compensation of members, one-fourth of 1 percent shall be credited to the group term life insurance fund in lieu of any other deduction therefor, as provided in Code Section 47-19-10, and the remaining portion shall be credited to the individual accounts of the members in the annuity savings fund. In the event a member is not covered by group term life insurance, the entire amount deducted from the member's earnable compensation shall be credited to the member's individual account in the annuity savings fund."
SECTION 3. Said title is further amended by revising Chapter 19, relating to the State Employees Assurance Department, by adding a new Code section to read as follows:
"47-19-10. (a) As used in this Code section, the term 'directors' means the board of directors of the State Employees Assurance Department. (b) There shall be established two separate trust funds under the control and management of the directors to be maintained for the provision of group term life insurance for eligible members of the Employees Retirement System of Georgia, the Georgia Legislative Retirement System, and the Georgia Judicial Retirement System as follows:
(1) One trust fund shall be known as the 'retired and vested inactive members trust fund,' which shall be administered in the following manner:
(A) There shall be accumulated in the fund the payments made to the trust fund as premiums received from the Employees Retirement System of Georgia, the

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Georgia Legislative Retirement System, and the Georgia Judicial Retirement System as premiums for retired and vested inactive members of such retirement funds, as provided in subsection (c) of this Code section, including interest earned on deposits and investments of such payments; and (B) All assets of the trust fund and all income, interest, and dividends derived from deposits and investments shall be used for the payments of benefits and expenses necessary for the maintaining of survivors benefit coverage. Such benefits and expenses shall in no manner become an obligation of the pension accumulation fund; and (2) One trust fund shall be known as the 'active members fund' which shall be administered in the following manner: (A) There shall be accumulated in the trust fund the payments made to the trust fund as premiums received from the Employees Retirement System of Georgia, the Georgia Legislative Retirement System, and the Georgia Judicial Retirement System as premiums for active members of such retirement funds, as provided in subsection (c) of this Code section, including interest earned on deposits and investments of such payments; and (B) All assets of the trust fund and all income, interest, and dividends derived from deposits and investments shall be used for the payments of benefits and expenses necessary for the maintaining of survivors benefit coverage. Such benefits and expenses shall in no manner become an obligation of the pension accumulation fund. (c) On or before June 1 of every year, the boards of trustees of each contracting retirement system shall collect contributions from employees and employers, in accordance with the laws governing the individual retirement systems, and shall transmit such funds to the directors. The directors shall deposit such funds in the trust funds established by this Code section in such respective amounts as directed by the actuary for the directors. (d) The directors shall be authorized to contract with the Employees Retirement System of Georgia for the management and investment of all fund assets and for the provision of actuarial services. Such assets may be commingled with other assets under the control of the Employees Retirement System of Georgia, but shall be separately accounted for. (e) Any other provision of law to the contrary notwithstanding, employee and employer contributions to the trust funds established by this Code section are irrevocable. The assets of such trust funds are dedicated to providing benefits to active, retired, and vested inactive members and their beneficiaries in accordance with the terms of the plan for group term life insurance. All trust fund assets are protected from creditors of any employer or of the Employees Retirement System of Georgia, the Georgia Legislative Retirement System, the Georgia Judicial Retirement System, or the State Employees Assurance Department."

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833

SECTION 4. Said title is further amended by revising Code Section 47-23-29, relating to survivors benefits, as follows:
"47-23-29. (a) Wherever the term 'survivors benefits' is used or referred to in this chapter, it shall be construed to be group term life insurance. Whenever reference is made in this Code section to members of this retirement system, such reference shall include active superior court judges subject to Chapter 8 of this title. (b) Pursuant to the provisions of this Code section and rules and regulations adopted for such purpose, the board of trustees may provide for survivors benefits for members, former members, and retired members of the retirement system; provided, however, that the provisions of this Code section shall apply only to persons who are active members of this retirement system on or after July 1, 2002. (c) There shall be established an additional fund, to be known as the 'survivors benefit fund,' which shall be administered in the following manner:
(1) There shall be accumulated in the survivors benefit fund the payments made to the fund as provided in subsection (d) of this Code section, including interest earned on deposits and investments of such payments; (2) There shall also be accumulated in the survivors benefit fund the payments required of retired members and vested former members covered for survivors benefits as provided in subsections (g) and (h) of this Code section, together with interest earned on such payments; and (3) All assets of the survivors benefit fund and all income, interest, and dividends derived from deposits and investments shall be used for the payments of benefits and expenses necessary for the maintaining of survivors benefit coverage. Such benefits and expenses shall in no manner become an obligation of the pension accumulation fund. (d)(c) Contributions for survivors benefits shall be provided for and administered in the following manner: (1) After notice from the board of trustees, each employer shall cause to be deducted from the earnable monthly compensation of each member the an additional amount established by the board of trustees, but such amount shall not exceed one-half onefourth of 1 percent of the member's earnable monthly compensation. Such deductions shall be made under the same conditions as set forth in paragraph (2) of subsection (a) of Code Section 47-3-41 47-23-41. A member's payment for coverage shall vest in the member no rights other than for the period for which the member has paid the required additional contributions into the survivors benefit fund; and (2) There is authorized an employer payment to the fund which shall be a percentage of the earnable monthly compensation of the members of the retirement system. The board of trustees shall establish the rate of such payment, but in no case shall such rate, when added to the members contributions, exceed 1 percent. Funds for employer payment shall be requested in the same manner as provided in Article 5 of this chapter.

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(e)(d) The board of trustees may adopt any rules or regulations which are not in conflict with this Code section and which it deems necessary in establishing and maintaining the plan of operation, including benefit tables and other provisions of coverage. Such rules and regulations shall include the following:
(1) A member's payment for coverage shall vest in the member no rights other than for the period for which the member has paid the required additional contributions into the survivors benefit fund; (2) A notice by the board of trustees to members that the additional contributions provided for in this Code section will be credited in the future to the individual member's annuity savings account shall suspend any and all survivors benefit coverage then in effect, provided that such action shall be applicable to all members alike and without prejudice to any survivors benefits pending in the case of a thendeceased member; and (3) Subsequent to any notice released under paragraph (2) of this subsection, any additional notice made in the same manner and within 12 months of the original notice to the effect that coverage is again available shall reestablish survivors benefits to those members formerly covered and to all new members who are otherwise eligible. (f) The board of trustees may determine the date on which the plan for survivors benefit coverage shall be placed into operation. The board of trustees shall notify all employers who, in turn, shall notify the members that additional contributions will commence on the determined date. (g)(e) The survivors benefits program may provide for a reduction of benefits after the attainment of a certain age and for a different or no contribution after retirement based on such reduction in benefits. The board of trustees is authorized to promulgate rules and regulations to carry out this subsection. (h)(f) Any other provisions of this chapter or any rules or regulations to the contrary notwithstanding, any member who withdraws from service before attaining age 60 but whose right to a service retirement allowance has vested under Code Section 47-23-102 may continue paying the amount under this Code section which the member was paying at the time of withdrawing from service, together with the amount of the employer contribution in effect at the time of such withdrawal, in which case the benefits under this Code section shall remain fixed at the same amount as they would have been had the member died on the day immediately preceding the member's withdrawal. Only those members with at least 18 years of creditable service at the time of withdrawal from service shall be eligible under this subsection, subject to the provisions of subsection (g) (e) of this Code section."
SECTION 5. Said title is further amended by revising Code Section 47-23-30, relating to contract for group term life insurance protection, as follows:

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"47-23-30. The board of trustees may provide group term life insurance protection for the members of the retirement system as the survivors benefits program provided for in Code Section 47-23-29 by contracting for such service with the board of trustees of the Employees Retirement System of Georgia for the inclusion of members of this retirement system in the program of group life insurance protection conducted for the benefit of the members of such retirement system. Such contract must provide benefits to those persons entitled to benefits under Code Section 47-23-29. All or any part of funds and other assets previously accumulated for the purposes of Code Section 47-23-29 may be used by the board of trustees in the execution of this contract. Contributions for such coverage shall be provided for and collected as set forth in subsection (d) (c) of Code Section 47-23-29."

SECTION 6. This Act shall become effective on June 30, 2007.

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England
Epps Y Everson Y Fleming E Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Frazier
Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves

Y Holt E Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs E James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford E Murphy Y Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter

E Scott, M Y Sellier
Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B
Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V E Smyre E Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet
Thomas, A.M

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Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Greene Y Hamilton 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox E Mangham Y Manning Y Marin

Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Thomas, B Y Tumlin Y Walker
Watson Y Wilkinson Y Willard E Williams, A E Williams, E Y Williams, M Y Williams, R Y Wix
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.

HB 148. By Representatives Burkhalter of the 50th and Smith of the 113th:

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 tangible property to or in construction or expansion of an aquarium 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

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 tangible property to or in construction or expansion of an aquarium in this state 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 revising paragraph (76) as follows:
"(76) Notwithstanding any provision of Code Section 48-8-63 to the contrary, from the effective date of this paragraph June 4, 2003, until January 1, 2007 2011, sales of

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837

tangible personal property to, or used in the construction or expansion of, an aquarium in this state owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code;"

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns
Butler Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England
Epps Y Everson Y Fleming E Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier
Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree Y Henson
Hill, C

Y Holt E Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs E James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox E Mangham

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford E Murphy Y Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston
Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

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

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Y Davis, S Y Day

Y Hill, C.A Y Holmes

Y Manning Y Marin

Y Sailor Y Scott, A

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.

HB 193. By Representatives Burkhalter of the 50th, Ehrhart of the 36th and Harbin of the 118th:

A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to provide for 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.

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 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.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, is amended by revising paragraph (33.1) as follows:
"(33.1)(A) The sale or use of jet fuel to or by a qualifying airline, to the extent provided in subparagraphs (B) and (C) of this paragraph.
(B)(i) For each fiscal year beginning after June 30, 2005, each qualifying airline shall pay the first $15 million of state sales and use tax, plus applicable local sales and use tax, levied or imposed by this chapter on the purchase or use of jet fuel. Thereafter, the purchase of jet fuel by a qualifying airline during the fiscal year shall be exempt from state and local sales and use tax except as provided in division (ii) of this subparagraph. (ii) The exemption provided in division (i) of this subparagraph shall not apply to any local option sales tax for educational purposes authorized pursuant to the

THURSDAY, MARCH 1, 2007

839

authority of Article VIII, Section VI, Paragraph IV of the Constitution of Georgia and which is effective before July 1, 2005. (C) The sale or use of jet fuel to or by a qualifying airline shall not be subject to any local sales and use tax which becomes effective on or after July 1, 2005. (D) Each qualifying airline purchasing jet fuel on which state sales and use tax is reasonably expected to exceed $15 million shall report and pay directly to the Department of Revenue the tax applicable to the purchase of jet fuel under procedures required by the commissioner. (E) For the purposes of this subparagraph, the term 'local sales and use tax' shall mean any sales tax, use tax, or local sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; or by or pursuant to Article 2, 2A, 3, or 4 of this chapter. (F) The exemption provided for in this paragraph shall apply only as to transactions occurring on or after July 1, 2005, and prior to July 1, 2007 2009. (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 2009;"

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 Abrams Y Amerson Y Ashe Y Barnard

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes

Y Holt E Horne Y Houston Y Howard Y Hudson

Y Martin Y Maxwell E May Y McCall Y McKillip

E Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon

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Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler
Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Ehrhart Y England
Epps Y Everson Y Fleming E Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier
Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon E Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree Y Henson
Hill, C Y Hill, C.A Y Holmes

Y Hugley E Jackson Y Jacobs E James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey N Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox E Mangham Y Manning Y Marin

Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mumford E Murphy Y Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston
Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the passage of the Bill, by substitute, the ayes were 151, nays 1.

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

Representative Lord of the 142nd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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 353. By Representative O`Neal of the 146th:

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 offsets against unclaimed property; to provide for the notification, attachment, and seizure of funds held by financial institutions; to provide for

THURSDAY, MARCH 1, 2007

841

the service of summons of garnishment; to provide for the service of subpoenas; to change certain provisions regarding the attachment, priority, and perfection of state tax liens; to change certain provisions regarding the disclosure of confidential tax information; to provide an effective date; to repeal conflicting laws; and for other purposes.
The motion prevailed.
Representative Coan of the 101st moved that the following Bill of the House be withdrawn from the Rules Calendar and recommitted to the Committee on Rules:
HB 424. By Representatives Coan of the 101st, Reese of the 98th, Hamilton of the 23rd, Cox of the 102nd, Carter of the 159th 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, to provide for the dismissal of certain claims in which no hearing has been held after a certain time period; to increase the weekly wage amounts for compensation for total disability; to increase the maximum weekly benefit for compensation for temporary partial disability; to provide for related matters; to repeal conflicting laws; and for other purposes.
The motion prevailed.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 510. By Representatives Lane of the 158th, Burns of the 157th, Parrish of the 156th, Stephens of the 164th, Greene of the 149th and others:
A RESOLUTION commending Dr. Willie "Bill" Golden 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:
HR 246. By Representatives Mills of the 25th, Hembree of the 67th, Rogers of the 26th, Smith of the 113th, Collins of the 27th and others:
A RESOLUTION urging the Board of Regents of the University System of Georgia and its member institutions to establish programs for intercollegiate wrestling; and for other purposes.

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JOURNAL OF THE HOUSE

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

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

E Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler
Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
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 E Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs E James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox E Mangham Y Manning Y Marin

Y Martin Y Maxwell E May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford E Murphy Y Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston
Randall Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

HB 69. By Representative Franklin of the 43rd:

A BILL to be entitled an Act to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records to be kept on drivers in

THURSDAY, MARCH 1, 2007

843

Georgia, so as to prohibit the Department of Driver Services from charging a fee for viewing a driver's record online; 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S
Day

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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 E Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs E James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser
Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis
Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox E Mangham Y Manning Y Marin

Martin Y Maxwell E May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mumford E Murphy Y Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish
Parsons Y Peake
Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal
Rynders Y Sailor Y Scott, A

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

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Representative Lindsey of the 54th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 191. By Representatives Royal of the 171st, Rynders of the 152nd and Houston of the 170th:

A BILL to be entitled an Act to amend an Act relating to the Board of Education of Colquitt County, approved March 12, 1970 (Ga. L. 1970, p. 2582), as amended, so as to provide for the election of members of the Board of Education of Colquitt County in nonpartisan elections; to provide for applicability; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

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

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

E Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard N Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler N Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman N Collins Y Cooper N Cox

Y Dempsey Y Dickson Y Dollar Y Drenner
Dukes Ehrhart Y England Y Epps N Everson N Fleming E Floyd, H Y Floyd, J Y Fludd Forster N Franklin Y Frazier Y Freeman N Gardner Y Geisinger Y Glanton Y Golick Y Gordon N Graves Y Greene Y Hamilton Y Hanner E Harbin N Hatfield Y Heard, J Y Heard, K Y Heckstall

N Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs E James Y Jamieson Y Jenkins N Jerguson
Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight N Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord N Loudermilk N Lucas

Y Martin N Maxwell E May
McCall N McKillip Y Meadows Y Millar N Mills Y Mitchell N Morgan Y Morris N Mosby Y Mumford E Murphy Y Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall
Reece Y Reese Y Rice Y Roberts

E Scott, M Y Sellier N Setzler Y Shaw N Sheldon N Shipp N Sims, B Y Sims, C
Sims, F N Sinkfield N Smith, B Y Smith, L Y Smith, R Y Smith, T N Smith, V E Smyre E Stanley-Turner Y Starr Y Stephens
Stephenson Y Talton N Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin N Walker
Watson Y Wilkinson Y Willard E Williams, A E Williams, E

THURSDAY, MARCH 1, 2007

845

Y Crawford, M Y Crawford, R Y Davis, H N Davis, S
Day

Y Hembree Y Henson N Hill, C Y Hill, C.A N Holmes

N Lunsford Y Maddox E Mangham Y Manning Y Marin

N Rogers Y Royal Y Rynders N Sailor Y Scott, A

Y Williams, M Y Williams, R N Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 116, nays 36.

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

HB 510. By Representatives Channell of the 116th and Parrish of the 156th:

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 change certain provisions relating to prohibitions against operation of certain vessels on Lake Oconee; 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black
Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas

Y Dempsey Y Dickson
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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs E James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T
Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R

Y Martin Y Maxwell E May
McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell Y Morgan
Morris Y Mosby Y Mumford E Murphy Y Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett

E Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V E Smyre E Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin

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JOURNAL OF THE HOUSE

Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S
Day

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

Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox E Mangham Y Manning Y Marin

Y Ralston Randall
Y Reece Y Reese Y Rice Y Roberts
Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the passage of the Bill, the ayes were 149, nays 1.

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

HB 247. By Representatives Smith of the 113th, Shaw of the 176th, Roberts of the 154th, Stephens of the 164th, England of the 108th 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 change certain provisions relating to acquisition and construction of water and sewage systems; to prohibit counties, municipalities, and local authorities from requiring connection with or use of water supplied by a public water system except when other water is unfit; to prohibit charges or fees for services made available but not used; to provide for applicability; to provide for exceptions; 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 change certain provisions relating to acquisition and construction of water and sewage systems; to prohibit counties, municipalities, and local authorities from requiring connection with or use of water supplied by a public water system except when other water is unfit; to prohibit charges or fees for services made available but not used; to provide for applicability; to provide for exceptions; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

THURSDAY, MARCH 1, 2007

847

Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by revising Code Section 36-34-5, relating to acquisition and construction of water and sewage systems, as follows:
"36-34-5. (a) In addition to the other powers which it may have, any municipal corporation shall have the power under this chapter:
(1) To acquire by gift, by purchase, or by the exercise of the right of eminent domain, to construct, to reconstruct, to improve, to better, and to extend any water system or sewage system, or both, within the municipal corporation; (2) To acquire by gift, by purchase, or by the exercise of the right of eminent domain any lands, easements, rights in lands, and water rights in connection therewith; (3) To operate and maintain any such systems for its own use and for:
(A) Public public and private persons within the territorial boundaries of the municipal corporation who use the system; or (B) Persons to whom the system is made available at the property owned by such persons; and (4) To prescribe, revise, and collect rates, fees, tolls, or charges for the services, facilities, or commodities: (A) Furnished furnished to persons or users; or (B) Made made available by such systems to the property owner at such owner's property. When services are available but not used, the maximum rates, fees, tolls, or other charges imposed shall not exceed the minimum charge or fee imposed on a user of such system. (b) The provisions of subparagraphs (a)(3)(B) and (a)(4)(B) of this Code section shall apply with respect to an individual residential property owner only in the case of a municipality or public water system or project thereof that is exempted from the provisions of subsections (a) and (b) of Code Section 36-60-17.1 pursuant to subsection (c) of such Code section."
SECTION 2. Said title is further amended by adding a new Code section to read as follows:
"36-60-17.1. (a) No county, municipality, or local authority shall require a single-family residential property owner or farm served by a private well to connect with or use water supplied by a public water system, except where necessary to preclude the use of water obtained from such private well that is demonstrably unfit for human consumption or other intended use; nor shall it require such single-family residential property owner or farm whose water lines are not connected with such public water system to pay any charge or fee for water supply services made available but not used. (b) Nothing in subsection (a) of this Code section shall preclude the repair or maintenance of a well serving a single-family residence so as to meet the requirements for allowing continued use of the same by a single-family residential property owner or farm without connecting to a public water system or payment of charges or fees in

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accordance with subsection (a) of this Code section. Such repairs shall be the sole responsibility of such owner. (c) Subsections (a) and (b) of this Code section shall not apply to:
(1) Any public water system having more than a total of 70,000 active service connection accounts or more than 200 such accounts per square mile of total area served; (2) A public water system with respect to a single-family residential property owner or farm who has been mailed written notice to his or her address of record on the property tax rolls by the appropriate county, municipality, or local authority by certified mail of his or her right to opt out of connecting with such system and paying charges or fees for system services made available but not used, if such property owner did not notify the county, municipality, or local authority in writing on a form provided thereby of his or her decision to exercise that option within 45 days after mailing of such notice by the county, municipality, or local authority; (3) Any project of a public water system for which revenue bonds have been validated, issued, and sold prior to January 1, 2008; or (4) Any public water system funded primarily through a federal or state grant that contains stipulations in such grant requiring the county, municipality, or local authority to levy a charge or fee for water supply services made available but not used. For all state grants, loans, or contracts for services issued on and after July 1, 2007, no state grant, loan, or contract for services funding any project of a public water system shall contain any stipulations requiring a county, municipality, or local authority to levy a charge or fee for water supply services made available but not used or requiring a county, municipality, or local authority to require single-family property owners or farms to connect with or use water supplied by a public water system, except where necessary to preclude the use of water obtained from another source that is demonstrably unfit for human consumption or other intended use. For the purposes of this paragraph, a federal grant is defined as money provided directly to a county or municipality. Federal money provided to a revolving loan fund or to the Georgia Environmental Facilities Authority or such other mechanism shall not be considered a federal grant."

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 N Abrams Y Amerson

Y Dempsey Y Dickson Y Dollar

Y Holt Y Horne Y Houston

Y Martin Y Maxwell E May

E Scott, M Y Sellier Y Setzler

THURSDAY, MARCH 1, 2007

849

N Ashe Y Barnard Y Bearden E Beasley-Teague N Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce N Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

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 Frazier Y Freeman N Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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

Y Howard N Hudson Y Hugley E Jackson Y Jacobs E James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T
Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox N Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox E Mangham Y Manning Y Marin

Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell N Morgan Y Morris Y Mosby Y Mumford E Murphy Y Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the passage of the Bill, by substitute, the ayes were 151, nays 11.

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

The Speaker announced the House in recess until 1:15 o'clock, this afternoon.

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JOURNAL OF THE HOUSE

AFTERNOON SESSION
The Speaker called the House to order.
The following Resolutions of the House were read:
HR 513. By Representatives Benton of the 31st, Dickson of the 6th and Reece of the 11th:
A RESOLUTION recognizing the 24th Annual Georgia Association of Educators Legislative Conference; and for other purposes.
HR 514. By Representatives Manning of the 32nd, Ehrhart of the 36th, Coan of the 101st, Hudson of the 124th, Talton of the 145th and others:
A RESOLUTION recognizing and commending the Georgia Optometric Association and encouraging citizens to participate in the InfantSEE program; and for other purposes.
HR 515. By Representatives Williams of the 89th, Watson of the 91st, Stephenson of the 92nd, Abrams of the 84th, Mangham of the 94th and others:
A RESOLUTION recognizing and commending Illai Kenney; and for other purposes.
HR 516. By Representatives Smith of the 168th, Roberts of the 154th and Sims of the 169th:
A RESOLUTION recognizing the Georgia Great Steak Cook-off as a Georgia State Steak Cook-off Championship competition; and for other purposes.
HR 517. By Representatives Yates of the 73rd, Lakly of the 72nd, Freeman of the 140th, Glanton of the 76th, Smith of the 168th and others:
A RESOLUTION commending the men and women of the Georgia Army and Air National Guard and recognizing National Guard Day in Georgia; and for other purposes.
HR 518. By Representative Benton of the 31st:
A RESOLUTION recognizing and commending the Jefferson High School wrestling team on its seventh straight win of the Georgia High School Association Class A Wrestling Championship; and for other purposes.

THURSDAY, MARCH 1, 2007

851

HR 519. By Representatives Benton of the 31st and McCall of the 30th:

A RESOLUTION celebrating the centennial of the City of Nicholson; and for other purposes.

HR 520. By Representatives Smyre of the 132nd, Porter of the 143rd, Hugley of the 133rd, Randall of the 138th, Williams of the 165th and others:

A RESOLUTION commending the Leadership Academy for Girls and its patron, Ms. Oprah Winfrey; 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black
Bridges Y Brooks
Bruce Bryant Y Buckner Y Burkhalter Y Burns Y Butler Byrd Y Carter, A Y Carter, B Y Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Cooper Y Cox Y Crawford, M Crawford, R Y Davis, H Y Davis, S Day

Y Dempsey Y Dickson Y Dollar Y Drenner
Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J Y Fludd Y Forster
Franklin Y Frazier
Freeman Gardner Y Geisinger Y Glanton Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield 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 Y Hudson
Hugley E Jackson
Jacobs E James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C
Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord
Loudermilk Lucas Y Lunsford Y Maddox E Mangham Y Manning Marin

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows
Millar Y Mills
Mitchell Y Morgan Y Morris
Mosby Y Mumford E Murphy Y Neal Y Nix
Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake
Porter Y Powell
Pruett Y Ralston
Randall Reece Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A

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

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On the adoption of the Resolutions, the ayes were 126, nays 0.
The Resolutions were adopted.
Due to a mechanical malfunction, the vote of Representative Rice of the 51st was not recorded on 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 Bill of the House was taken up for consideration and read the third time:
HB 183. By Representatives Benton of the 31st and Powell of the 29th:
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 repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle certificates of title, security interests, and liens, so as to change certain provisions relating to definitions; to change certain provisions relating to salvaged or rebuilt motor vehicles, inspections, and fees; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title, security interests, and liens, is amended by revising Code Section 40-3-2, relating to definitions, as follows:
"40-3-2. As used in this chapter, the term:
(1) 'Boat trailer' means any vehicle without motive power designed for carrying boats, either partially or wholly on its own structure, which is being drawn by a selfpropelled vehicle and operated over the public roads of this state. (2) 'Commissioner' means the state revenue commissioner. (2.1) 'Department' means the Department of Revenue.

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(3) 'Dealer' means a 'dealer' as defined in Code Section 40-1-1, to whom current dealer registration plates have been issued by the commissioner. (3.1) 'Department' means the Department of Revenue. (4) 'Homemade trailer' means a vehicle without motive power, designed for carrying persons or property either partially or wholly on its own structure and for being drawn by a self-propelled vehicle other than a self-propelled vehicle running exclusively on tracks, which trailer has been manufactured and constructed from component parts for personal use and not for the purpose of commercial resale. (5) 'Identifying number' means the numbers and letters, if any, on a vehicle designated by the commissioner for the purpose of identifying the vehicle. (6) 'Lien' means any lien created by operation of law and not by contract or agreement with respect to a vehicle and includes all liens mentioned in Code Section 44-14-320, other than that in paragraph (5) thereof, and all liens for taxes due the United States of America, constructive notice of which is given by filing notice thereof in the office designated by state law. (7) 'Lienholder' means a person holding a lien created by operation of law on a motor vehicle. (8) To 'mail' means to deposit in the United States mail properly addressed and with postage paid. (9) 'Major component part' means any one of the following subassemblies of a motor vehicle:
(A) Front clip assembly (fenders, hood, and bumper); (B) Rear clip assembly (quarter panels, floor panel assembly, and roof assembly, excluding a soft top); (C) Engine and transmission; (D) Frame; or (E) Complete side (fenders, door, and quarter panel). (9.1) 'Natural person' means an individual human being and does not include any firm, partnership, association, corporation, or trust. (10) 'Rebuilt motor vehicle' means any motor vehicle which has been damaged and subsequently restored to an operable condition by the replacement of two or more major component parts. (11) 'Salvage motor vehicle' means any motor vehicle: (A) Which has been damaged to the extent that its restoration to an operable condition would require the replacement of two or more major component parts; (B) For which an insurance company has paid a total loss claim and the vehicle has not been repaired, regardless of the extent of damage to such vehicle or the number of major component parts required to repair such vehicle, but shall not mean or include any stolen motor vehicle which has been recovered with the public manufacturer's vehicle identification number plate intact and the vehicle:
(i) Is undamaged; (ii) Has only cosmetic damage; or

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(iii) Has been damaged but only to the extent that its restoration to an operable condition will not require the replacement of two or more major component parts; (C) Which is an imported motor vehicle which has been damaged in shipment and disclaimed by the manufacturer as a result of the damage, has never been the subject of a retail sale to a consumer, and has never been issued a certificate of title. The term salvage motor vehicle shall not include any motor vehicle for which a total loss claim has been paid which vehicle has sustained only cosmetic damage from causes other than fire or flood. (11.1) 'Salvaged-repaired motor vehicle' means any motor vehicle which has been damaged and subsequently restored to an operable condition by the replacement of less than two major component parts. (12) 'Security agreement' means a written agreement which reserves or creates a security interest. (13) 'Security interest' means an interest in a vehicle reserved or created by agreement which secures the payment or performance of an obligation, such as a conditional sales contract, chattel mortgage, bill of sale to secure debt, deed of trust, and the like. This term includes the interest of a lessor under a lease intended as security. (14) 'Security interest holder' means the holder of an interest in a vehicle reserved or created by agreement and which secures payment or performance of an obligation."
SECTION 2. Said chapter is further amended by revising subsections (d) and (e) of Code Section 40-336, relating to cancellation of certificate of title for scrap, dismantled, or demolished vehicles, salvage certificate of title, administrative enforcement, and removal of license plates, as follows:
"(d) Any certificate of title which is issued to a salvage motor vehicle, as provided for in this Code section, shall contain the word 'salvage' on the face of the certificate in such a manner as the commissioner may prescribe, so as to indicate clearly that the motor vehicle described is a salvage motor vehicle. The legend 'salvaged-repaired' 'rebuilt' in no larger than 12 point font shall be placed on a certificate of title to a vehicle which was declared a salvage vehicle and subsequently repaired with less than two major component parts to restore the vehicle to an operable condition. (e) Notwithstanding this subsection and subsections (c) and (d) of Code Section 40-337, the legend 'rebuilt' or 'salvage' or 'salvaged-repaired' shall only be required to be placed on the certificate of title to a vehicle which was declared a salvage vehicle on or after July 1, 2004, and which was subsequently rebuilt."
SECTION 3. Said chapter is further amended by revising subsection (d) of Code Section 40-3-37, relating to salvaged or rebuilt motor vehicles, inspections, fees, exemption of motorcycles, and glider kits, as follows:

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"(d)(1)(A) Upon inspection under subsection (b) of this Code section, if it is determined that the motor vehicle has been restored to an operable condition by the replacement of two or more major component parts, a certificate of title may be issued for such motor vehicle which shall contain the word 'rebuilt' on its face in such manner as the commissioner shall prescribe no larger than 12 point font. This requirement will indicate to all subsequent owners of the motor vehicle that such is a rebuilt motor vehicle. If any such inspection determines that the motor vehicle shall require the replacement of less than two major component parts in order to restore the motor vehicle to an operable condition, a certificate of title shall be issued for such motor vehicle which shall contain the words 'salvaged-repaired' word 'rebuilt' on its face in such manner as the commissioner shall prescribe. This requirement will indicate to all subsequent owners of the motor vehicle that such is a salvaged-repaired rebuilt motor vehicle. (B) If it is determined that the motor vehicle required or shall require the replacement of two or more major component parts in order to restore the motor vehicle to an operable condition, the person, firm, or corporation restoring or owning such motor vehicle department shall cause the word 'rebuilt' to be permanently affixed to said motor vehicle after at the time of inspection by the commissioner. The word 'rebuilt' shall be affixed in a clear and conspicuous manner to the door post or such other location as the commissioner may prescribe. The word 'rebuilt' shall be stamped on the motor vehicle or shall be stamped on a metal plate which shall be riveted to the motor vehicle or a certificate and shall be permanently affixed to the motor vehicle in such manner as the commissioner may prescribe. The requirement of this subparagraph shall only apply to motor vehicles restored after November 1, 1982. (2) Upon inspection by the commissioner and compliance with paragraph (2) of subsection (b) of this Code section, if it is determined that the motor vehicle does not require the replacement of two or more major components or has not had two or more major components changed, a certificate of title shall be issued and shall contain the words 'salvaged-repaired' word 'rebuilt' on its face. (3) If, after the initial inspection, the commissioner determines that the damage is so extensive that returning such vehicle to a safe, operable condition is impossible, the salvage certificate shall be revoked and such vehicle may only be used for scrap or parts. A vehicle for which such a determination is made shall not be issued a title under any circumstances or conditions including but not limited to obtaining of a surety bond."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

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

E Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M
Crawford, R Y Davis, H Y Davis, S
Day

Y Dempsey Y Dickson 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 Frazier Y Freeman
Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A Y Holmes

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

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell Y Morgan Y Morris
Mosby Y Mumford E Murphy Y Neal Y Nix
Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese
Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

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

Due to a mechanical malfunction, the vote of Representative Rice of the 51st was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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857

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 Resolution of the House was read and referred to the Committee on Rules:
HR 521. By Representatives Rogers of the 26th, Mills of the 25th, Collins of the 27th and Amerson of the 9th:
A RESOLUTION commending Karen Peck Gooch on being named the Female Vocalist of the Year by the Southern Gospel Guild Harmony Awards 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 270. By Representatives Ralston of the 7th, Benton of the 31st, Oliver of the 83rd, Carter of the 159th, Fleming of the 117th and others:
A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 11 of Title 15 of the O.C.G.A., relating to general provisions in juvenile proceedings, so as to change provisions relating to the appointment of a guardian ad litem; to provide for definitions; to change provisions relating to a court appointed special advocate including appointment, training, role, and responsibilities; to provide for notice of juvenile court proceedings to a court appointed special advocate; to provide for a court appointed special advocate's access to records; to provide for confidentiality of certain information; to provide for immunity for a court appointed special advocate; to provide for removal of a court appointed special advocate; 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 1 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions in juvenile proceedings, so as to change provisions relating to the appointment of a guardian ad litem; to provide for definitions; to change provisions relating to a court appointed special advocate including appointment, training, role, and responsibilities; to provide for notice of juvenile court

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proceedings to a court appointed special advocate; to provide for a court appointed special advocate's access to records under certain circumstances; to provide for confidentiality of certain information; to provide for immunity for a court appointed special advocate; to provide for removal of a court appointed special advocate; 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 1 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions in juvenile proceedings, is amended by revising subsection (a) of Code Section 15-11-9, relating to appointment of a guardian ad litem, as follows:
"(a) As used in this Code section, the term 'court appointed special advocate' means a volunteer who has been screened and trained regarding deprivation, child development, and juvenile court procedures and has been appointed as a guardian ad litem by the court in a deprivation case shall have the same meaning as set forth in Code Section 1511-9.1."
SECTION 2. Said part is further amended by adding a new Code section to read as follows:
"15-11-9.1. (a) As used in this Code section, the term:
(1) 'Court appointed special advocate' or 'CASA' means a community volunteer who: (A) Has been screened and trained regarding deprivation, child development, and juvenile court procedures; (B) Has met all of the requirements of an affiliate court appointed special advocate program; (C) Is being actively supervised by an affiliate court appointed special advocate program; and (D) Has been appointed as a lay guardian ad litem by the court in a juvenile court deprivation proceeding.
(2) 'Affiliate court appointed special advocate program' means a locally-operated program operating with the approval of the local juvenile court which screens, trains, and supervises volunteers to advocate for the best interest of abused and neglected children in deprivation proceedings. (b)(1) Before executing duties as a CASA, and upon completion of all the requirements of an affiliate court appointed special advocate program, a CASA shall be sworn in by a judge of the juvenile court in the court or circuit in which he or she wishes to serve. A CASA shall not be assigned a case prior to being sworn in by a juvenile court judge as set forth in this paragraph. (2) If a juvenile court judge determines that a child involved in a deprivation proceeding needs a CASA, the judge shall have the authority to appoint a CASA, and

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in such circumstance shall sign an order appointing a CASA at the earliest possible stage of the proceedings. Such order shall impose on a CASA all the duties, rights, and responsibilities set forth in this Code section. (c) The role of a CASA in juvenile court deprivation proceedings shall be to advocate for the best interests of the child. (d) In all cases to which a CASA is assigned, except as ordered by the judge, a CASA shall: (1) Conduct an independent assessment to determine the facts and circumstances surrounding the case; (2) Maintain regular and sufficient in-person contact with the child; (3) Submit written reports to the court regarding the child's best interests; (4) Advocate for timely court hearings to obtain permanency for the child; (5) Request judicial citizen review panel or judicial review of the case; (6) Collaborate with the child's attorney, if any; (7) Attend all court hearings and other proceedings to advocate for the child's best interests; (8) Monitor compliance with the case plan and all court orders; and (9) Review all court related documents. (e) As a lay guardian ad litem, a CASA shall not be required to: (1) Engage in activities which could reasonably be construed as the practice of law; or (2) Obtain legal counsel or other professional services for a child. (f)(1) Except as provided in Article 5 of this chapter, the 'Georgia Child Advocate for the Protection of Children Act,' a CASA shall be notified of all court hearings, judicial reviews, judicial citizen review panels, and other significant changes of circumstances of the child's case to which the CASA has been appointed to the same extent and in the same manner as the parties to the case are notified of such matters. (2) A CASA shall be notified of the formulation of any case plan of the child's case to which the CASA has been appointed and may be given the opportunity to be heard by the court about such plans. (g) Upon presentation of an order appointing a CASA as a guardian ad litem, such CASA shall have access to all records and information relevant to the child's case to which such CASA has been appointed when such records and information are not otherwise protected from disclosure pursuant to Code Section 19-7-5. Such records and information shall not include records and information provided under Article 5 of this chapter, the 'Georgia Advocate for the Protection of Children Act,' or provided under Chapter 4A of Title 49. The CASA's right to access such records shall be as otherwise authorized by law. (h) All records and information acquired, reviewed, or produced by a CASA during the course of his or her appointment shall be deemed confidential and shall not be disclosed except as ordered by the court. (i) Any CASA authorized and acting in good faith, in the absence of fraud or malice, and in accordance with the duties required by this Code section shall have immunity

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from any liability, civil or criminal, that might otherwise be incurred or imposed as a result of taking or failing to take any action pursuant to this Code section. This Code section shall not be construed as imposing any additional duty on a CASA which is not already otherwise imposed by law.
(j)(1) The court may remove a CASA from a case upon finding that the CASA has acted in a manner contrary to the child's best interest, or if the court otherwise deems continued service as unwanted or unnecessary. (2) The court may discharge a CASA for nonparticipation in a case or upon finding that the CASA has acted in a manner contrary to the mission and purpose of the affiliate court appointed special advocate program."

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson
Jacobs E James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown
Knight Y Knox Y Lakly Y Lane, B Y Lane, R

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris
Mosby Y Mumford E Murphy Y Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett

E Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B
Sims, C Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V E Smyre E Stanley-Turner Y Starr Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin

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861

Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M
Crawford, R Y Davis, H Y Davis, S
Day

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 Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox E Mangham Y Manning Y Marin

Y Ralston Y Randall Y Reece Y Reese
Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Walker Watson
Y Wilkinson Y Willard E Williams, A E Williams, E Y Williams, M 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 Day of the 163rd 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 Rice of the 51st was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 374. By Representatives Mills of the 25th, Stephens of the 164th, Parrish of the 156th and Shaw of the 176th:

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 hotel motel tax, so as change certain provisions regarding definitions applicable to such 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.

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

E Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Bridges

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H

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

Y Martin Y Maxwell Y May
McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell Y Morgan Y Morris

E Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B
Sims, C Y Sims, F
Sinkfield Y Smith, B

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Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M
Crawford, R Y Davis, H
Davis, S Day

Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S
Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox E Mangham Y Manning Y Marin

Mosby Y Mumford E Murphy Y Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Smith, L Y Smith, R Y Smith, T Y Smith, V E Smyre E Stanley-Turner Y Starr Y Stephens
Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker
Watson Y Wilkinson Y Willard E Williams, A E Williams, E Y Williams, M 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.

Representative Day of the 163rd 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 410. By Representatives Hanner of the 148th, Royal of the 171st and Greene of the 149th:

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 option sales and use tax; to provide for a short title; to provide for definitions; to provide for the rate and manner of imposition of such tax; to provide for applicability to certain sales; to provide for powers, duties, and authority of municipal governing authorities with respect to such tax; to provide for powers, duties, and authorities of the state revenue commissioner with respect to such tax; to provide for collection and administration of such tax; to provide for returns; to provide for distribution and expenditure of proceeds; to provide for a method for discontinuation of such tax; to change certain provisions regarding limitations on imposition of certain local taxes; to provide for other

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matters relative to the foregoing; 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 provide for funding of projects and services through the levy and collection of a municipal option sales and use tax by certain municipalities; to provide for a short title; to provide for definitions; to provide for the rate and manner of imposition of such tax; to provide for applicability to certain sales; to provide for powers, duties, and authority of municipal governing authorities with respect to such tax; to provide for powers, duties, and authorities of the state revenue commissioner with respect to such tax; to provide for collection and administration of such tax; to provide for returns; to provide for distribution and expenditure of proceeds; to provide for a method for discontinuation of such tax; to provide for automatic repeal; to change certain provisions regarding limitations on imposition of certain local taxes; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, is amended by adding a new article at the end thereof, to be designated Article 5, to read as follows:
"ARTICLE 5
48-8-230. This article shall be known and may be cited as the 'Municipal Option Sales Tax Act.'
48-8-231. As used in this article, the term:
(1) 'Building and construction materials' means all building and construction materials, supplies, fixtures, or equipment, any combination of such items, and any other leased or purchased articles when the materials, supplies, fixtures, equipment, or articles are to be utilized or consumed during construction or are to be incorporated into construction work pursuant to a bona fide written construction contract. (2) 'Capital outlay project' means:
(A) Acquisition, construction, installation, replacement, maintenance, or repair of water facilities for asbestos remediation; and

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(B) Acquisition, construction, installation, replacement, maintenance, or repair of natural gas facilities. (3) 'Municipality' means a municipality that provides water and natural gas service, among other municipal services, and which has received correspondence from the state Department of Natural Resources on or after January 1, 2007, urging the municipality to 'make distribution pipe replacement its highest priority as soon as possible' to correct and eliminate the 'asbestos fiber health risk to its citizens.'
48-8-232. The governing authority of any municipality in this state may, subject to the requirement of referendum approval and other requirements of this article, impose within the municipality a sales and use tax for a limited period of time. Such tax shall only be imposed for all of the purposes specified in paragraph (2) of Code Section 488-231. Any tax imposed under this article shall be at the rate of 1 percent. Except as to rate, a tax imposed under this article shall correspond to the tax imposed by Article 1 of this chapter except that a tax imposed under this article shall not apply to the sale of motor vehicles. No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this article, except that a tax imposed under this article shall apply to sales of motor fuels as that term is defined by Code Section 48-9-2 and shall be applicable to the sale of food and beverages as provided for in division (57)(D)(i) of Code Section 48-8-3.
48-8-233. (a) A municipal governing authority voting to impose the tax authorized by this article shall notify the municipal election superintendent by forwarding to the superintendent a copy of the resolution or ordinance of the municipal governing authority calling for the imposition of the tax. Such ordinance or resolution shall specify the following:
(1) The capital outlay projects for which the proceeds of the tax are to be used; (2) The maximum period of time of the tax, to be stated in calendar years or calendar quarters and not to exceed nine years; (3) The maximum amount of net proceeds to be raised by the tax which shall not exceed $1.8 million; and (4) If general obligation debt is to be issued in conjunction with the imposition of the tax as authorized by this article, the principal amount of the debt to be issued, the purpose for which the debt is to be issued, the interest rate or rates or the maximum interest rate or rates which such debt is to bear, and the amount of principal to be paid in each year during the life of the debt. (b) Upon receipt of the resolution or ordinance, the municipal election superintendent shall issue the call for an election for the purpose of submitting the question of the imposition of the tax to the voters of the municipality. The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. The election superintendent shall cause the date and purpose of the election to be published once a week for four weeks immediately

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preceding the date of the election in the legal organ of the county in which the majority of the municipal population resides or in a newspaper having general circulation in the municipality at least equal to that of the legal organ. If general obligation debt is to be issued in conjunction with the imposition of the tax, the notice published by the election superintendent shall also include, in such form as may be specified by the municipal governing authority, the principal amount of the debt, the purpose or purposes for which the debt is to be issued, the rate or rates of interest or the maximum rate or rates of interest the debt will bear, and the amount of principal to be paid in each year during the life of the debt; and such publication of notice by the election superintendent shall take the place of the notice otherwise required by Code Section 36-80-11 or by subsection (b) of Code Section 36-82-1, which notice shall not be required.
(c)(1) If the tax is to be imposed solely for capital outlay and if no debt is to be issued, the ballot shall have written or printed thereon the following:
'( ) YES Shall a 1 percent sales and use tax be imposed in the municipality of _________ for a period of time not to exceed _____________ and
( ) NO for the raising of not more than $_____ for the purpose of funding _______________?'
(2) If debt is to be issued, the ballot shall also have written or printed thereon, following the language specified by paragraph (1) of this subsection, the following:
'If imposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of the municipality of ___________ in the principal amount of $___________ for the above purpose.' (d) All persons desiring to vote in favor of imposing the tax shall vote 'Yes' and all persons opposed to levying the tax shall vote 'No.' If more than one-half of the votes cast are in favor of imposing the tax then the tax shall be imposed as provided in this article; otherwise the tax shall not be imposed and the question of imposing the tax shall not again be submitted to the voters of the municipality until after 12 months immediately following the month in which the election was held; provided, however, that if an election date authorized under Code Section 21-2-540 occurs during the twelfth month immediately following the month in which such election was held, the question of imposing the tax may be submitted to the voters of the municipality on such date. The election superintendent shall hold and conduct the election under the same rules and regulations as govern special elections. The superintendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be paid from municipal funds. (e)(1) If the proposal includes the authority to issue general obligation debt and if more than one-half of the votes cast are in favor of the proposal, then the authority to issue such debt in accordance with Article IX, Section V, Paragraph I of the Constitution is given to the proper officers of the municipality; otherwise such debt shall not be issued. If the authority to issue such debt is so approved by the voters, then such debt may be issued without further approval by the voters.

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(2) If the issuance of general obligation debt is included and approved as provided in this Code section, then the governing authority of the municipality may incur such debt either through the issuance and validation of general obligation bonds or through the execution of a promissory note or notes or other instrument or instruments. If such debt is incurred through the issuance of general obligation bonds, such bonds and their issuance and validation shall be subject to Articles 1 and 2 of Chapter 82 of Title 36 except as specifically provided otherwise in this article. If such debt is incurred through the execution of a promissory note or notes or other instrument or instruments, no validation proceedings shall be necessary and such debt shall be subject to Code Sections 36-80-10 through 36-80-14 except as specifically provided otherwise in this article. In either event, such general obligation debt shall be payable first from the separate account in which are placed the proceeds received by the municipality from the tax authorized by this article. Such general obligation debt shall, however, constitute a pledge of the full faith, credit, and taxing power of the municipality; and any liability on such debt which is not satisfied from the proceeds of the tax authorized by this article shall be satisfied from the general funds of the municipality.
48-8-234. (a)(1) If the imposition of the tax is approved by referendum, the tax shall be imposed on the first day of the next succeeding calendar quarter which begins more than 80 days after the date of the election at which the tax was approved by the voters. (2) With respect to services which are regularly billed on a monthly basis, however, the resolution or ordinance imposing the tax shall become effective with respect to and the tax shall apply to the first regular billing period coinciding with or following the effective date specified in paragraph (1) of this subsection. A certified copy of the ordinance or resolution imposing the tax shall be forwarded to the commissioner so that it will be received within five business days after certification of the election results. (b) The tax shall cease to be imposed on the earliest of the following dates: (1) If the resolution or ordinance calling for the imposition of the tax provided for the issuance of general obligation debt and such debt is the subject of validation proceedings, as of the end of the first calendar quarter ending more than 80 days after the date on which a court of competent jurisdiction enters a final order denying validation of such debt; (2) On the final day of the maximum period of time specified for the imposition of the tax; or (3) As of the end of the calendar quarter during which the commissioner determines that the tax will have raised revenues sufficient to provide to the municipality net proceeds equal to or greater than the amount specified as the maximum amount of net proceeds to be raised by the tax. (c) No municipality shall impose at any time more than a single 1 percent tax under this article.

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48-8-235. A tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of the municipality imposing the tax. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50. 48-8-236. Each sales and use tax return remitting sales and use taxes collected under this article shall separately identify the location of each retail establishment at which any of the sales and use taxes remitted were collected and shall specify the amount of sales and the amount of taxes collected at each establishment for the period covered by the return in order to facilitate the determination by the commissioner that all sales and use taxes imposed by this article are collected and distributed according to situs of sale.
48-8-237. The proceeds of the tax collected by the commissioner in each municipality under this article shall be disbursed as soon as practicable after collection as follows:
(1) One percent of the amount collected shall be paid into the general fund of the state treasury in order to defray the costs of administration; and (2) Except for the percentage provided in paragraph (1) of this Code section, the remaining proceeds of the tax shall be distributed to the governing authority of the municipality imposing the tax and shall be expended for all purposes specified under paragraph (2) of Code Section 48-8-231.
48-8-238. Where a local sales or use tax has been paid with respect to tangible personal property by the purchaser either in another local tax jurisdiction within this state or in a tax jurisdiction outside this state, the tax may be credited against the tax authorized to be imposed by this article upon the same property. If the amount of sales or use tax so paid is less than the amount of the use tax due under this article, the purchaser shall pay an amount equal to the difference between the amount paid in the other tax jurisdiction and the amount due under this article. The commissioner may require such proof of payment in another local tax jurisdiction as the commissioner deems necessary and proper. No credit shall be granted, however, against the tax imposed under this article for tax paid in another jurisdiction if the tax paid in such other jurisdiction is used to obtain a credit against any other local sales and use tax levied in the municipality or in a special district which includes the municipality; and taxes so paid in another

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jurisdiction shall be credited first against the tax levied under Article 3 of this chapter, if applicable, then against the tax levied under Article 2 of this chapter, if applicable, and then against the tax levied under this article.
48-8-239. No tax provided for in this article shall be imposed upon the sale of tangible personal property which is ordered by and delivered to the purchaser at a point outside the geographical area of the municipality in which the tax is imposed regardless of the point at which title passes, if the delivery is made by the seller's vehicle, United States mail, or common carrier or by private or contract carrier licensed by the Federal Highway Administration or the Georgia Public Service Commission.
48-8-240. No tax provided for in this article shall be imposed upon the sale or use of building and construction materials when the contract pursuant to which the materials are purchased or used was advertised for bid prior to the voters approval of the levy of the tax and the contract was entered into as a result of a bid actually submitted in response to the advertisement prior to approval of the levy of the tax.
48-8-241. The commissioner shall have the power and authority to promulgate such rules and regulations as shall be necessary for the effective and efficient administration and enforcement of the collection of the tax authorized to be imposed by this article.
48-8-242. The tax authorized by this article shall be in addition to any other local sales and use tax. The imposition of any other local sales and use tax within a county, municipality, or special district shall not affect the authority of a municipality to impose the tax authorized by this article and the imposition of the tax authorized by this article shall not affect the imposition of any otherwise authorized local sales and use tax within the county, municipality, or special district.
48-8-243. (a) The proceeds received from the tax authorized by this article shall be used by the municipality exclusively for capital outlay projects. Such proceeds shall be kept in a separate account from other funds of the municipality and shall not in any manner be commingled with other funds of the municipality prior to expenditure. (b) The governing authority of the municipality shall maintain a record of each and every capital outlay project for which the proceeds of the tax are used. In each annual audit a schedule shall be included which shows for each ongoing capital outlay project the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. The auditor shall verify and test expenditures sufficient to provide assurances that the

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schedule is fairly presented in relation to the financial statements. The auditor's report on the financial statements shall include an opinion, or disclaimer of opinion, as to whether the schedule is presented fairly in all material respects in relation to the financial statements taken as a whole.
48-8-244. This article shall be repealed effective at 12:00 Midnight, December 31, 2016, and no tax shall thereafter be levied or collected under this article."
SECTION 2. Said chapter is further amended by striking subsection (b) of Code Section 48-8-6, relating to limitations on imposition of certain local taxes, and inserting in its place a new subsection (b) to read as follows:
"(b) There shall not be imposed in any jurisdiction in this state or on any transaction in this state local sales taxes, local use taxes, or local sales and use taxes in excess of 2 percent. For purposes of this prohibition, the taxes affected are any sales tax, use tax, or sales and use tax which is levied in an area consisting of less than the entire state, however authorized, including such taxes authorized by or pursuant to constitutional amendment, except that the following taxes shall not count toward or be subject to such 2 percent limitation:
(1) A sales and use tax for educational purposes exempted from such limitation under Article VIII, Section VI, Paragraph IV of the Constitution; (2) Any tax levied for purposes of a metropolitan area system of public transportation, as authorized by the amendment to the Constitution set out at Georgia Laws, 1964, page 1008; the continuation of such amendment under Article XI, Section I, Paragraph IV(d) of the Constitution; and the laws enacted pursuant to such constitutional amendment; provided, however, that the exception provided for under this paragraph shall only apply in a county in which a tax is being imposed under subparagraph (a)(1)(D) of Code Section 48-8-111 in whole or in part for the purpose or purposes of a water capital outlay project or projects, a sewer capital outlay project or projects, a water and sewer capital outlay project or projects, water and sewer projects and costs as defined under paragraph (3) of Code Section 48-8-200, or any combination thereof and with respect to which the county has entered into an intergovernmental contract with a municipality, in which the average waste-water system flow of such municipality is not less than 85 million gallons per day, allocating proceeds to such municipality to be used solely for water and sewer projects and costs as defined under paragraph (3) of Code Section 48-8-200. The exception provided for under this paragraph shall apply only during the period the tax under said subparagraph (a)(1)(D) is in effect. The exception provided for under this paragraph shall not apply in any county in which a tax is being imposed under Article 2A of this chapter; (3) In the event of a rate increase imposed pursuant to Code Section 48-8-96, only the amount in excess of the initial 1 percent sales and use tax and in the event of a newly

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imposed tax pursuant to Code Section 48-8-96, only the amount in excess of a 1 percent sales and use tax; and (4) A sales and use tax levied under Article 4 of this chapter; and (5) A sales and use tax levied under Article 5 of this chapter. If the imposition of any otherwise authorized local sales tax, local use tax, or local sales and use tax would result in a tax rate in excess of that authorized by this subsection, then such otherwise authorized tax may not be imposed."

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M
Crawford, R Y Davis, H

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J Y Fludd
Forster N Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin N Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree
Henson Y Hill, C

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs E James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis
Lindsey Y Lord N Loudermilk Y Lucas Y Lunsford Y Maddox E Mangham

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell Y Morgan Y Morris
Mosby Y Mumford E Murphy Y Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

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

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871

N Davis, S Day

Y Hill, C.A Y Holmes

Y Manning Y Marin

Y Sailor Y Scott, A

Y Yates Richardson,
Speaker

On the passage of the Bill, by substitute, the ayes were 152, nays 4.

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

Representative Day of the 163rd 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 144. By Representatives Reese of the 98th, Coan of the 101st, Lunsford of the 110th, Johnson of the 37th and Forster of the 3rd:

A BILL to be entitled an Act to amend Chapter 47 of Title 43 and Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to used motor vehicle and used motor vehicle parts dealers and registration and licensing of motor vehicles, respectively, so as to change certain exceptions concerning the sale or advertising of used motor vehicles displayed or parked on property and the practice of curbstoning; to provide criminal penalties for violations; to provide for related matters; to provide for applicability; 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 47 of Title 43 and Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to used motor vehicle and used motor vehicle parts dealers and registration and licensing of motor vehicles, respectively, so as to change certain exceptions concerning the sale or advertising of used motor vehicles displayed or parked on property and the practice of curbstoning; to provide criminal penalties for violations; to provide for related matters; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicle and used motor vehicle parts dealers, is amended by revising Code Section 43-478.1, relating to restrictions on sale or advertising of used motor vehicles displayed or parked, as follows:

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"43-47-8.1. (a)(1) An owner or lessee of any real property shall not authorize more than five used motor vehicles within any 12 month period displayed or parked on such real property for the purpose of selling or advertising the sale of such used motor vehicles by the owner or lessee of such vehicles. (2) An owner or lessee of any real property shall not authorize more than two used motor vehicles at the same time displayed or parked on such real property for the purpose of selling or advertising the sale of such used motor vehicles by the owner or lessee of such vehicles. (3) An owner or lessee of any used motor vehicle shall not display or park such used motor vehicle on the real property of another for the purpose of selling or advertising the sale of such used motor vehicle if the display or parking of such vehicle will cause the owner or lessee of the real property to be in violation of paragraph (1) or (2) of this subsection. (4) An owner or lessee of any used motor vehicle shall not display or park such used motor vehicle on the real property of another for the purpose of selling or advertising the sale of such used motor vehicle unless the owner or lessee of such vehicle has the prior permission of the owner or lessee of the real property.
(b) The provisions of subsection (a) of this Code section shall not apply: (1) If the owner or lessee of the vehicle displayed or parked is employed by the owner or lessee of the real property on which the vehicle is displayed or parked; (2) If the owner or lessee of the vehicle displayed or parked is conducting business with the owner or lessee of the real property on which the vehicle is parked or displayed at the time such vehicle is displayed or parked; or (3) If the real property on which a vehicle is displayed or parked is a parking lot for which a fee is charged for the use of such parking lot and the owner or lessee of the vehicle displayed or parked has paid the fee for the use of such parking lot. (c)(1) An owner or lessee of any real property shall not authorize any used motor vehicle to be displayed or parked on such real property for the purpose of selling or advertising the sale of such used motor vehicle if such vehicle is not lawfully titled and registered in the name of the individual or entity offering such vehicle for sale in accordance with the applicable provisions of Chapters 2 and 3 of Title 40. (2) A person shall not advertise, display, sell, or offer for sale any used motor vehicle unless such vehicle is lawfully titled and registered in such person's name in accordance with the applicable provisions of Chapters 2 and 3 of Title 40.
(d) Any law enforcement officer or agency, the board, or the owner or lessee of any real property upon which a vehicle is displayed or parked in violation of subsection (a) or (c) of this Code section for longer than 24 consecutive hours may have any such vehicle towed from such real property and stored at the expense of the owner or lessee of such vehicle and may then dispose of said vehicle in accordance with Chapter 11 of Title 40, relating to abandoned motor vehicles. (e) A violation of this Code section shall constitute an unfair or deceptive act or practice and shall be a violation of Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair

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Business Practices Act of 1975.' A violation of this Code section may be penalized as provided in Code Section 43-47-21 or any other applicable provision of this Code, including but not limited to the 'Fair Business Practices Act of 1975.' (f) This Code section shall not apply to any person licensed under this chapter or to any franchised motor vehicle dealer or any subsidiary wholly owned or controlled by such dealer. This Code section shall not eliminate or change the requirement for any person to obtain a license under this chapter if such person engages in any conduct or activity for which a license is required under this chapter. (g) Any person who violates any provision of this Code section Code Section 40-239.1 shall be deemed to be a licensee for the purpose of imposing sanctions and penalties under this chapter and for the purpose of granting the board jurisdiction over such violator."
SECTION 2. 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 adding a new Code Section 40-2-39.1 to read as follows:
"40-2-39.1. (a)(1) An owner or lessee of any real property shall not authorize more than five used motor vehicles within any 12 month period displayed or parked on such real property for the purpose of selling or advertising the sale of such used motor vehicles by the owner or lessee of such vehicles. (2) An owner or lessee of any real property shall not authorize more than two used motor vehicles at the same time displayed or parked on such real property for the purpose of selling or advertising the sale of such used motor vehicles by the owner or lessee of such vehicles. (3) An owner or lessee of any used motor vehicle shall not display or park such used motor vehicle on the real property of another for the purpose of selling or advertising the sale of such used motor vehicle if the display or parking of such vehicle will cause the owner or lessee of the real property to be in violation of paragraph (1) or (2) of this subsection. (4) An owner or lessee of any used motor vehicle shall not display or park such used motor vehicle on the real property of another for the purpose of selling or advertising the sale of such used motor vehicle unless the owner or lessee of such vehicle has the prior permission of the owner or lessee of the real property.
(b) The provisions of subsection (a) of this Code section shall not apply: (1) If the owner or lessee of the vehicle displayed or parked is employed by the owner or lessee of the real property on which the vehicle is displayed or parked; (2) If the owner or lessee of the vehicle displayed or parked is conducting business with the owner or lessee of the real property on which the vehicle is parked or displayed at the time such vehicle is displayed or parked; or (3) If the real property on which a vehicle is parked is a parking lot for which a fee is charged for the use of such parking lot, the owner or lessee of the parked vehicle has

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paid the fee for the use of such parking lot, and such vehicle is legitimately parked on the property for purposes other than displaying, selling, or advertising the sale of such vehicle. (c)(1) An owner or lessee of any real property shall not authorize any used motor vehicle to be displayed or parked on such real property for the purpose of selling or advertising the sale of such used motor vehicle if such vehicle is not lawfully titled and registered in the name of the individual or entity offering such vehicle for sale in accordance with the applicable provisions of this chapter and Chapter 3 of this title. (2) A person shall not advertise, display, sell, or offer for sale any used motor vehicle unless such vehicle is lawfully titled and registered in such person's name in accordance with the applicable provisions of this chapter and Chapter 3 of this title. (d) Any law enforcement officer or agency, the board, or the owner or lessee of any real property upon which a vehicle is displayed or parked in violation of subsection (a) or (c) of this Code section for longer than 24 consecutive hours may have any such vehicle towed from such real property and stored at the expense of the owner or lessee of such vehicle and may then dispose of said vehicle in accordance with Chapter 11 of this title. (e) A violation of this Code section shall constitute an unfair or deceptive act or practice and shall be a violation of Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.' A violation of this Code section may be penalized as provided in Code Section 43-47-21 or any other applicable provision of this Code, including, but not limited to, the 'Fair Business Practices Act of 1975.' (f) This Code section shall not apply to any person licensed under Chapter 47 of Title 43 or to any franchised motor vehicle dealer or any subsidiary wholly owned or controlled by such dealer. This Code section shall not eliminate or change the requirement for any person to obtain a license under Chapter 47 of Title 43 if such person engages in any conduct or activity for which a license is required under Chapter 47 of Title 43. (g) Any person who violates this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not to exceed $1,000.00 for each violation or imprisonment for a period not to exceed 12 months, or both."
SECTION 3. This Act shall be effective on July 1, 2007. Prosecutions for or cases involving any violation of law occurring prior to the effective date of this Act shall not be affected by the repeals or amendments made by it or abated by reason thereof.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

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875

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

E Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A
Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M
Crawford, R Y Davis, H
Davis, S Day

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Y Hudson Y Hugley E Jackson Y Jacobs E James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox E Mangham Y Manning Y Marin

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford E Murphy Y Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts
Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the passage of the Bill, by substitute, the ayes were 154, nays 0.

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

Representative Day of the 163rd 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 243. By Representatives Hembree of the 67th, Ehrhart of the 36th, Smith of the 113th, Knight of the 126th, Gardner of the 57th and others:

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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 revise the definition of "eligible postsecondary institution"; to provide that enrollment in postsecondary courses at a branch of the Georgia Department of Technical and Adult Education will not count against the hourly caps for HOPE grants; 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 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 revise a definition and add a definition; to provide that enrollment in postsecondary courses at a branch of the Georgia Department of Technical and Adult Education will not count against the hourly caps for HOPE grants; 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 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, is amended by adding a new paragraph (5.1) and revising paragraph (7) of Code Section 20-3-519, relating to definitions regarding HOPE scholarships and grants, as follows:
"(5.1) 'Dual credit enrollment' means enrollment by a student in a postsecondary course in which an agreement has been established between an eligible high school and an eligible postsecondary institution wherein the student earns Carnegie units of credit that count toward both high school graduation requirements and postsecondary coursework requirements." "(7) 'Eligible postsecondary institution' means a school which is:
(A) A unit of the University System of Georgia; (B) A branch of the Georgia Department of Technical and Adult Education or an affiliated institution which is controlled by a local board of education; (C) A private independent nonprofit postsecondary institution eligible for tuition equalization grants in accordance with the provisions of subparagraph (A) of paragraph (2) of Code Section 20-3-411; or (D) A private proprietary postsecondary institution eligible for tuition equalization grants in accordance with the provisions of subparagraph (C) of paragraph (2) of Code Section 20-3-411."

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SECTION 2. Said part is further amended by revising subsection (e) of Code Section 20-3-519.5, relating to eligibility for HOPE grants at a branch of the Georgia Department of Technical and Adult Education, as follows:
"(e) No student may receive HOPE grants for more than 95 quarter hours or 63 semester hours of attempted coursework, except as provided for in subsection (f) of this Code section. No student may receive more than a cumulative total of 190 quarter hours or 127 semester hours of combined HOPE scholarships and grants, unless in accordance with Code Sections 20-3-519.2 and 20-3-519.3. For purposes of this subsection, attempted hours shall not include hours for courses taken pursuant to Code Section 20-2-161.1 and paid for by a HOPE grant while a student is participating in dual credit enrollment with both an eligible high school and a branch of the Department of Technical and Adult Education or a unit of the University System of Georgia. The Department of Technical and Adult Education or the University System of Georgia, as applicable, shall verify that the student is enrolled in an eligible high school and shall notify the Georgia Student Finance Commission of the student's participation in dual credit enrollment."
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 out of order:
Representatives Porter of the 143rd et al. move to amend the Committee substitute to HB 243 by striking lines 3 through 5 of page 1 and inserting in lieu thereof the following:
definition; to remove the hourly caps on HOPE scholarships at public postsecondary institutions; to remove the hourly caps on HOPE scholarships at private postsecondary institutions; to remove the hourly caps on HOPE grants at a branch of the Georgia Department of Technical and Adult Education; to provide for related matters; to provide for an effective date; to repeal
By striking lines 4 through 19 of page 2 and inserting in lieu thereof the following:
SECTION 2. Said part is further amended by revising subsection (g) of Code Section 20-3-519.2, relating to eligibility requirements for HOPE scholarships at public postsecondary institutions, as follows:

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"(g)(1) Except as set out in paragraph (2) of this subsection, a A student may receive the HOPE scholarship until the first of these events:
(A) The student has earned a baccalaureate degree; or (B) The student has attempted at any postsecondary institution a total of 190 quarter hours or 127 semester hours. (2) A student enrolled in an undergraduate or first professional degree program designed to be more than 190 quarter hours or 127 semester hours in length is eligible to receive the HOPE scholarship for the lesser of: (A) A total of 225 attempted quarter hours or 150 attempted semester hours; or (B) The number of hours required for graduation if the student has a cumulative grade point average of at least 3.0 after the term in which the student attempted 190 quarter hours or 127 semester hours."
SECTION 2A. Said part is further amended by revising subsection (f) of Code Section 20-3-519.3, relating to eligibility requirements for HOPE scholarships at private postsecondary institutions, as follows:
"(f)(1) Except as set out in paragraph (2) of this subsection, a A student may receive a HOPE scholarship until the first of these events:
(A) The student has earned a baccalaureate degree; or (B) The student has attempted at any postsecondary institution a total of 190 quarter hours or 127 semester hours. (2) A student enrolled in an undergraduate or first professional degree program designed to be more than 190 quarter hours or 127 semester hours in length is eligible to receive a HOPE scholarship for the lesser of: (A) A total of 225 attempted quarter hours or 150 attempted semester hours; or (B) The number of hours required for graduation if the student has a cumulative grade point average of at least 3.0 after the term in which the student attempted 190 quarter hours or 127 semester hours."
SECTION 2B. Said part is further amended by revising subsections (e) and (f) of Code Section 20-3519.5, relating to eligibility for HOPE grants at a branch of the Georgia Department of Technical and Adult Education, which read as follows:
"(e) No student may receive HOPE grants for more than 95 quarter hours or 63 semester hours of attempted coursework, except as provided for in subsection (f) of this Code section. No student may receive more than a cumulative total of 190 quarter hours or 127 semester hours of combined HOPE scholarships and grants, unless in accordance with Code Sections 20-3-519.2 and 20-3-519.3. For purposes of this subsection, attempted hours shall include hours for courses taken pursuant to Code Section 20-2-161.1 A student participating in dual credit enrollment with both an eligible high school and a branch of the Department of Technical and Adult Education or a unit of the University System of Georgia may receive a HOPE grant for courses

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taken pursuant to such dual credit enrollment. The Department of Technical and Adult Education or the University System of Georgia, as applicable, shall verify that the student is enrolled in an eligible high school and shall notify the Georgia Student Finance Commission of the student's participation in dual credit enrollment. (f) A student enrolled in a diploma program designed to be more than 95 quarter hours or 63 semester hours in length is eligible to receive a HOPE grant for the lesser of:
(1) A total of 130 attempted quarter hours or 86 attempted semester hours; or (2) The number of hours required for graduation."

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M
Crawford, R Y Davis, H

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E 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 Y Hudson Y Hugley E Jackson Y Jacobs E James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox E Mangham

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford E Murphy Y Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

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

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Y Davis, S Y Day

Y Hill, C.A Y Holmes

Y Manning Y Marin

Y Sailor Y Scott, A

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 208. By Representatives Jones of the 46th, Lindsey of the 54th, Chambers of the 81st, Talton of the 145th and Coan of the 101st:

A BILL to be entitled an Act to amend Code Section 20-2-86 of the Official Code of Georgia Annotated, relating to operation of school councils, so as to provide that the parent members make up a majority on the school council; to provide that the chairperson shall be a parent member; 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 20-2-86 of the Official Code of Georgia Annotated, relating to operation of school councils, so as to provide that the parent members make up a majority on the school council; to provide that the chairperson shall be a parent member; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 20-2-86 of the Official Code of Georgia Annotated, relating to operation of school councils, is amended by revising subsections (d) and (j) as follows:
"(d) The property and business of the council shall be managed by a minimum of seven school councilmembers of whom a majority shall constitute a quorum. The number of councilmembers shall be specified in the council's bylaws. If the number of councilmembers exceeds seven, the number of parent members and teacher members must be equal. Members of the school council shall include:
(1) At least two A number of parents or guardians of students enrolled in the school, excluding employees who are parents or guardians of such students, so that such parents or guardians make up a majority of the council and at least two of whom shall be businesspersons; (2) Two businesspersons;

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(3)(2) At least two certificated teachers, excluding any personnel employed in administrative positions, who are employed at least four of the six school segments at the school; (4)(3) The school principal; and (5)(4) Other members as specified in the council's bylaws, such as, but not limited to, students, staff, and representatives of school related organizations. Other businesspersons from the local business community may serve on the council and shall be selected by the other members of the school council. Selection procedures for these members and the business members shall be specified in the council's bylaws. An employee of the local school system may serve as a parent representative on the council of a school in which his or her child is enrolled if such employee works at a different school. With the exception of the principal and the business representatives, members shall be elected by, and from among, the group they represent." "(j)(1) The officers of the school council shall be a chairperson, vice chairperson, and secretary. Officers of the council shall be elected by the council at the first meeting of the council following the election of school councilmembers; provided, however, that the chairperson shall be a parent member. The officers of the council shall hold office for the term specified in the council's bylaws. (2) The vice chairperson shall, in the absence or disability of the chairperson, perform the duties and exercise the powers of the chairperson and shall perform such other duties as shall be required by the council. (3) The secretary shall attend all meetings, act as clerk of the council, and be responsible for recording all votes and minutes of all proceedings in the books to be kept for that purpose. The secretary shall give or cause to be given notice of all meetings of the council and shall perform such other duties as may be prescribed by the council."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representative Morgan of the 39th moves to amend the Committee substitute to HB 208 by inserting after "council;" on line 3 of page 1 the following:
to provide for a student member on school councils at high schools;
By striking lines 9 and 10 of page 1 and inserting in lieu thereof the following:
"(d) The property and business of the council shall be managed by a minimum of seven school councilmembers at elementary and middle schools and a minimum of

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nine school councilmembers at high schools of whom a majority shall constitute a quorum. The number of

By striking lines 22 and 23 of page 1 and inserting in lieu thereof the following:

(4)(3) The school principal; and (4) A student representative for school councils at high schools; and (5) Other members as specified in the council's bylaws, such as, but not limited to,

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

E Abdul-Salaam Y Abrams N Amerson Y Ashe N Barnard N Bearden Y Beasley-Teague Y Benfield N Benton N Black N Bridges Y Brooks Y Bruce Y Bryant Y Buckner N Burkhalter N Burns N Butler N Byrd N Carter, A N Carter, B N Casas N Chambers N Channell N Cheokas N Coan N Cole N Coleman N Collins N Cooper N Cox N Crawford, M Y Crawford, R N Davis, H N Davis, S N Day

N Dempsey N Dickson N Dollar Y Drenner Y Dukes N Ehrhart N England Y Epps N Everson N Fleming E Floyd, H N Floyd, J Y Fludd N Forster N Franklin Y Frazier N Freeman Y Gardner N Geisinger N Glanton E Golick Y Gordon N Graves Y Greene N Hamilton Y Hanner E Harbin N Hatfield N Heard, J Y Heard, K Y Heckstall N Hembree Y Henson N Hill, C N Hill, C.A Y Holmes

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

N Martin N Maxwell N May N McCall Y McKillip N Meadows N Millar N Mills Y Mitchell Y Morgan N Morris Y Mosby N Mumford E Murphy N Neal N Nix Y Oliver N O'Neal E Parham N Parrish N Parsons N Peake Y Porter Y Powell N Pruett N Ralston Y Randall Y Reece N Reese N Rice N Roberts N Rogers N Royal N Rynders Y Sailor N Scott, A

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

On the adoption of the amendment, the ayes were 52, nays 107.

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883

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 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson Y Dollar Y Drenner N Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

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

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell N Morgan Y Morris N Mosby Y Mumford E Murphy Y Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake N Porter Y Powell Y Pruett Y Ralston N Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders N Sailor Y Scott, A

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

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On the passage of the Bill, by substitute, the ayes were 147, nays 14.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 313. By Representative Barnard of the 166th:
A BILL to be entitled an Act to amend Article 6 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to voluntary inmate labor programs, so as to clarify that the Georgia Correctional Industries Administration has authority to administer and manage certain inmate work programs and to publicize and invite employers to participate in such inmate work programs; to amend Code Section 42-10-4 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Correctional Industries Administration, so as to clarify that the administration has authority to administer, manage, and publicize certain inmate work programs; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following amendment was read:
Representatives Powell of the 29th, Barnard of the 166th, and Bearden of the 68th move to amend HB 313 by inserting after "work programs;" on line 4 on page 1 "to prohibit employers that participate in inmate work programs from providing any thing of value to the Board of Corrections, the Department of Corrections, the Georgia Correctional Industries Administration, or any officer or employee thereof other than the payments authorized by law; to prohibit the Board of Corrections, the Department of Corrections, the Georgia Correctional Industries Administration, and any officer or employee thereof from accepting any thing of value other than the payments authorized by law from employers that participate in inmate work programs; to provide a definition; to provide a penalty;"
By redesignating Sections 2 through 5 as Sections 3 through 6, respectively, and inserting after line 22 on page 1 the following:
SECTION 2. Said article is further amended by revising Code Section 42-5-123, relating to compensation by employers for administrative and other costs to the state, as follows:
"42-5-123. (a) The board shall ensure by rules or by contractual provisions that the privately owned profit-making employers compensate the department and the Georgia Correctional Industries Administration for any administrative costs or other costs incurred by the department or the administration for the operation of the program or

THURSDAY, MARCH 1, 2007

885

programs. The board shall ensure by rules or by contractual provisions that the department and the administration are compensated for use of any employees of the department or the administration, use of any space owned by or under the control of the department or the administration, or use of any other resources of the department or the administration in the operation of the program or programs. (b) Employers that participate in inmate work programs under this article shall be prohibited from providing any thing of value to the Board of Corrections, the Department of Corrections, the Georgia Correctional Industries Administration, or any officer or employee thereof other than the payments authorized by this Code section. The Board of Corrections, the Department of Corrections, the Georgia Correctional Industries Administration, and any officer or employee thereof shall be prohibited from accepting any thing of value, other than the payments authorized by this Code section, from employers that participate in inmate work programs under this article. As used in this Code section, the term 'thing of value' shall have the same meaning as that term is defined in Code Section 16-10-2. Any person violating this subsection shall be guilty of a misdemeanor."

The following amendment was read and adopted:

Representatives Powell of the 29th and Barnard of the 166th move to amend the Powell amendment to HB 313 as follows:

-Page 2 -Line 2

strike:

"Any person violating this subsection shall be guilty of a misdemeanor."

The Powell 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden
Beasley-Teague Y Benfield

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills

E Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C

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Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M
Crawford, R Y Davis, H Y Davis, S Y Day

Y Everson Y Fleming E Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton 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

E James Y Jamieson Y Jenkins
Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox E Mangham Y Manning Y Marin

Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford E Murphy Y Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V E Smyre E Stanley-Turner Y Starr Y Stephens
Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard E Williams, A E Williams, E Y Williams, M 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.

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

HR 105. By Representative Maddox of the 172nd:

A RESOLUTION commending Georgia veterinarians and inviting certain distinguished leaders of veterinary medicine in the state to appear before the House of Representatives; and for other purposes.

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887

The following Resolution of the House was read and adopted:
HR 522. By Representatives Beasley-Teague of the 65th, Hill of the 180th, Chambers of the 81st, Sinkfield of the 60th, Smith of the 70th and others:
A RESOLUTION recognizing and commending Geraldine Anne Ferraro; and for other purposes.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 525. By Representatives Byrd of the 20th, Hill of the 21st and Hamilton of the 23rd:
A RESOLUTION commending the World of Cheer for winning first place at the 2007 Cheersport Nationals and inviting them to appear before the House of Representatives; and for other purposes.
Representative Keen of the 179th moved that the House do now adjourn until 1:00 o'clock, P.M., Monday, March 19, 2007, 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 19, 2007.

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Representative Hall, Atlanta, Georgia

Monday, March 19, 2007

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 Abrams Amerson Ashe Barnard Bearden
E Beasley-Teague Benton Bridges Brooks Bryant Buckner Burns Butler Byrd Carter, A Casas Chambers Cheokas Cole Coleman Collins Cox Crawford, M Crawford, R Davis, H Davis, S Day Dempsey

Dollar E Dukes
Ehrhart England Everson Fleming Floyd, H Floyd, J Forster Franklin Frazier Gardner Geisinger Glanton Golick Gordon Greene Hamilton Hanner Harbin Heard, J Heard, K Hembree E Henson Hill, C Holmes Holt Horne Hudson

Hugley E Jackson
Jacobs E James
Jamieson Jenkins Jerguson Johnson, C E Johnson, T Jones, J Jones, S Kaiser Keen Keown Knight Knox Lakly Lane, B Lane, R Levitas Lewis Lindsey Lord Lunsford Maddox E Mangham Marin Martin Maxwell

May McKillip Meadows Millar Mills Morris Mosby Mumford Murphy Neal Nix Oliver O'Neal Parham Parrish Parsons Porter Pruett Ralston Randall Reece Reese Rice Roberts Rogers Royal Scott, M Sellier

Shaw Sheldon Shipp Sims, B Sims, C Sims, F Smith, B Smith, L Smith, R Smith, T Smith, V E Smyre E Stanley-Turner Starr Stephens Talton Teilhet Thomas, B Tumlin Watson Wilkinson Williams, A Williams, E Williams, M Williams, R Wix 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, Bruce of the 64th, Burkhalter of the 50th, Carter of the 159th, Channell of the 116th, Dickson of the 6th, Drenner of the 86th, Epps of the 128th, Fludd of the 66th, Freeman of the 140th, Hatfield of the 177th, Hill of the 180th, Houston of the 170th, Jordan of the 77th, Loudermilk of the 14th, Lucas of the 139th, Manning of the 32nd, Mitchell of the 88th, Morgan of the 39th, Peake of the 137th, Powell of the 29th, Rynders of the 152nd, Scott of the 153rd, Sinkfield of the 60th, Stephenson of the 92nd, Thomas of the 55th, Walker of the 107th, and Willard of the 49th.

MONDAY, MARCH 19, 2007

889

They wish to be recorded as present.
The following communications were received:
House of Representatives 332 State Capitol
Atlanta, Georgia 30334
March 5, 2007
Mr. Robby Rivers, Clerk Georgia House of Representatives State Capitol Atlanta, Georgia 30334
Dear Robby:
Please make the following committee assignment change to the Journal:
Representative John Heard has been added to the Transportation Committee.
Thank you for your assistance.
Sincerely, /s/ Glenn Richardson
Glenn Richardson, Speaker Georgia House of Representatives
JGR/gm
cc: The Honorable John Heard The Honorable Vance Smith Mrs. Robyn Underwood, Fiscal Officer
House of Representatives 332 State Capitol
Atlanta, Georgia 30334
March 19, 2007
Mr. Robby Rivers, Clerk Georgia House of Representatives State Capitol

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JOURNAL OF THE HOUSE

Atlanta, Georgia 30334
Dear Robby:
Please update the House Journal with the following committee change:
Representative Burke Day has been removed from the House Ways and Means Committee.
Thank you.
Sincerely, /s/ Glenn Richardson
Glenn Richardson, Speaker Georgia House of Representatives
JGR/gm
cc: The Honorable Burke Day The Honorable Larry O'Neal
Prayer was offered by Reverend Martin Hawley, Hope Presbyterian Church, Marietta, Georgia.
The members pledged allegiance to the flag of the United States and the Georgia flag.
Representative Lakly of the 72nd, 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.

MONDAY, MARCH 19, 2007

891

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 663. By Representatives Harbin of the 118th, Fludd of the 66th, Mosby of the 90th, Smith of the 113th, Brooks of the 63rd and others:
A BILL to be entitled an Act to amend Title 7 of the O.C.G.A., relating to banking and finance, so as to enact the "Basic Credit Opportunity Act of 2007"; to provide for findings of the General Assembly; to provide for a short title; to provide for purposes; to provide for definitions; to provide for licensing of lenders by the Department of Banking and Finance; to provide for penalties for violations; to provide for fees payable to the department; to provide for requirements necessary for issuance of a license by the department; to provide for the form and contents of an application; to provide for revocation or suspension of a license; to provide for the operation of related businesses; to provide for amounts of loans and interest rates; to prohibit multiple loans in certain situations; to provide for enforcement of loan agreements; to provide for disclosure forms for the customer; to provide for reports to credit bureaus; 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 664. By Representatives Oliver of the 83rd, Abrams of the 84th and Benfield of the 85th:
A BILL to be entitled an Act to authorize the City of Decatur 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 Intragovernmental Coordination - Local.

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HB 666. By Representatives Crawford of the 127th, Knight of the 126th, Sellier of the 136th and Cole of the 125th:
A BILL to be entitled an Act to create the Joint Board of Elections and Registration of Lamar County, which shall conduct primaries and elections for Lamar County, the City of Barnesville, and the City of Milner; 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 certain personnel; 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 Intragovernmental Coordination - Local.
HB 668. By Representatives Knox of the 24th, Reese of the 98th, Graves of the 12th and Coan of the 101st:
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 and provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 669. By Representatives Williams of the 178th and Smith of the 168th:
A BILL to be entitled an Act to amend Code Section 35-8-3 of the Official Code of Georgia Annotated, relating to the establishment of the Georgia Peace Officer Standards and Training Council, so as to change certain provisions relating to the membership of the council; 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 and Homeland Security.

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HB 670. By Representative Sims of the 169th:
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 wood residuals; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner and the commissioner 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 671. By Representative Setzler of the 35th:
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, so as to provide a special license plate supporting Cobb County Public Schools; to provide that a portion of the funds generated by the sale of such special license plate be disbursed to the Cobb County Public Schools Educational Foundation; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 672. By Representatives Starr of the 78th, Coan of the 101st, Lunsford of the 110th and Watson of the 91st:
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 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 repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.

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HB 673. By Representative Hembree of the 67th:
A BILL to be entitled an Act to amend Code Section 33-7-11.1 of the Official Code of Georgia Annotated, relating to the commencement of liability of insurer to pay benefits to a third party on behalf of the insured, so as to provide for a third party's lienholder to be included on any settlement draft or payment; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 674. By Representative Hembree of the 67th:
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 wildlife rehabilitator 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 675. By Representative Channell of the 116th:
A BILL to be entitled an Act to provide that certain officials of Greene County who have served at least 15 years in office may, upon leaving, continue to participate in the county health insurance program for themselves and their dependents by paying the total cost of such participation; to provide for related maters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 676. By Representative Knox of the 24th:
A BILL to be entitled an Act to amend Code Section 43-34-26.3 of the Official Code of Georgia Annotated, relating to delegation of certain medical acts to advanced practice registered nurses, so as to provide for on-site patient evaluation; to provide for examination of all patients who receive a prescription drug order for a controlled substance of more than a ten-day supply; to provide for approval by the board of nurse protocol agreements; to

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provide for a fee; to revise a provision relating to unlawful activity; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 677. By Representatives Bearden of the 68th, Butler of the 18th and Nix of the 69th:
A BILL to be entitled an Act to provide for an advisory referendum election to be held in Carroll County for the purpose of determining whether the county governing authority should employ a county manager to conduct the daily business of the county; to provide for the question of whether such a system, if adopted, should include a full-time or part-time chairperson of the county commission; to provide that if the electors approve the employment of a county manager, the county commission shall vote on a resolution requesting the Carroll County legislative delegation to implement the suggestions; to provide that, if such vote is unanimous, the county commission shall transmit a copy of such resolution to each member of the Carroll County legislative delegation; to provide for a declaration of public purpose; to provide for the submission of this Act to the United States Department of Justice for preclearance; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 678. By Representative Houston of the 170th:
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.
Referred to the Committee on Retirement.
HB 679. By Representatives Smith of the 70th and Horne of the 71st:
A BILL to be entitled an Act to amend an Act creating the Coweta County Water and Sewerage Authority, approved March 20, 2001 (Ga. L. 2001, p. 3539), so as to change the terms of members of the authority; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Intragovernmental Coordination - Local.
HB 680. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Douglas, approved March 10, 1993 (Ga. L. 1993, p. 4022), as amended, so as to provide that all municipal elections for the city shall be conducted by the Coffee County Board of Elections and Registration; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 681. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act to incorporate the City of Ambrose in Coffee County, approved March 4, 1955 (Ga. L. 1955, p. 2662), as amended, as so to provide that all municipal elections for the city shall be conducted by the Coffee County Board of Elections and Registration; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 682. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act establishing a new charter for the City of Nicholls, approved August 16, 1920 (Ga. L. 1920, p. 1329), as amended, so as to provide that city elections shall be conducted pursuant to the Georgia Election Code; to provide that all municipal elections for the city shall be conducted by the Coffee County Board of Elections and Registration; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 683. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Broxton, Georgia, in the County of Coffee, approved April 6, 1981 (Ga. L. 1981, p. 3597), as amended, so as to provide that all municipal elections for the city shall be conducted by the Coffee County Board of Elections and Registration; to provide that all elections shall be conducted in accordance with the Georgia Election Code; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Intragovernmental Coordination - Local.
HB 684. By Representatives Amerson of the 9th and Ralston of the 7th:
A BILL to be entitled an Act to amend an Act to provide for an elected Board of Education of Dawson County, approved March 23, 1977 (Ga. L. 1977, p. 3529), as amended, so as to provide that the members of such board of education shall be authorized to establish the compensation of the members of such board; to provide for public meetings; to provide for the reimbursement of expenses; to provide that the members of such board may participate in a school district insurance plan; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 685. By Representative Frazier of the 123rd:
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 May 5, 2006 (Ga. L. 2006, p. 4454), 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.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 686. By Representative Davis of the 109th:
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 exempt military income received by a member of the national guard or any reserve component of the armed services of the United States stationed in defense of the borders of the United States pursuant to military orders; 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 687. By Representatives Chambers of the 81st and Jacobs of the 80th:
A BILL to be entitled an Act to amend an Act entitled the "Unincorporated DeKalb County Community Improvement District Act of 1998," approved

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April 2, 1998 (Ga. L. 1998, p. 4228), as amended by an Act approved January 7, 1999 (Ga. L. 1999, p. 4805), and amended by an Act approved April 1, 2005 (Ga. L. 2005, p. 3507), so as to redefine a certain term; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HR 509. By Representatives Smith of the 129th and Floyd of the 147th:
A RESOLUTION proposing an amendment to the Constitution so as to provide for the creation of a Transportation Trust Fund; to provide for a levy of a 1 percent sales and use tax on the purchase of tangible goods and certain services at retail; to provide for the deposit of the proceeds of such tax into such trust fund; to provide for the governance of such trust fund by the State Transportation Board and oversight of such trust fund by a Transportation Trust Fund Oversight Committee; to provide for the administration of such fund by a Transportation Trust Fund Agency; to provide for purposes and limitations on expenditures from such trust fund; to provide for the periodic submission of the continuance of such levy to the people for approval or disapproval; to provide for other matters relative to the foregoing; and for other purposes.
Referred to the Committee on Ways & Means.
HR 523. By Representatives Yates of the 73rd, Keen of the 179th, Lakly of the 72nd, Freeman of the 140th, Thomas of the 100th and others:
A RESOLUTION urging all local school systems in Georgia to honor Veterans Day; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.
HR 524. By Representative Barnard of the 166th:
A RESOLUTION dedicating the Gerald Dasher Memorial State Farmers' Market; and for other purposes.
Referred to the Committee on State Institutions & Property.
HR 526. By Representatives Knight of the 126th and Lunsford of the 110th:
A RESOLUTION dedicating the Lt. Carl Kelly Memorial Highway; and for other purposes.

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Referred to the Committee on Transportation.

HR 527. By Representative Levitas of the 82nd:

A RESOLUTION proposing an amendment to the Constitution, so as to allow any unreasonable portion of a restrictive covenant in an employment agreement to be modified by a court without causing the entire provision to be unlawful and void; 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 following Bills and Resolutions of the House and Senate were read the second time:

HB 637 HB 638 HB 639 HB 640 HB 641 HB 642 HB 643 HB 644 HB 645 HB 646 HB 647 HB 648 HB 649 HB 650 HB 651 HB 652 HB 653 HB 654 HB 655 HB 656 HB 657

HB 658 HB 659 HB 660 HB 661 HB 662 HB 665 HB 667 HR 468 HR 469 HR 470 HR 471 HR 508 HR 511 HR 512 SB 12 SB 29 SB 55 SB 115 SB 116 SB 209 SR 249

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

Mr. Speaker:

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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 598 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 94 Do Pass, by Substitute
Respectfully submitted, /s/ Harbin of the 118th
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 of the House and has instructed me to report the same back to the House with the following recommendation:
HB 291 Do Pass, by Substitute
Respectfully submitted, /s/ Stephens of the 164th
Chairman
Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report:

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901

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 384 Do Pass, by Substitute HB 559 Do Pass, by Substitute

HB 603 Do Pass, by Substitute SB 39 Do Pass, by Substitute

Respectfully submitted, /s/ Coleman of the 97th
Chairman

Representative Scott of the 153rd District, Chairman of the Committee on Governmental Affairs, submitted the following report:

Mr. Speaker:

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

HB 181 HB 471 HB 519

Do Pass, by Substitute Do Pass, by Substitute 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 492 HB 514 HB 535

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

HB 626 Do Pass, by Substitute HR 350 Do Pass

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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 has instructed me to report the same back to the House with the following recommendations:

HB 131 HB 152 HB 474

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

HR 426 Do Pass HR 508 Do Pass

Respectfully submitted, /s/ Hembree of the 67th
Chairman

Representative Knox of the 24th District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:

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

HB 550 HB 592 HB 648

Do Pass Do Pass 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:

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903

Your Committee on Intragovernmental Coordination - 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 459 HB 547 HB 600 HB 601 HB 615 HB 616

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

HB 618 HB 621 HB 623 HB 624 HB 632 HB 633

Do Pass Do Pass Do Pass Do Pass Do Pass 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:

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 111 HB 117 HB 118 HB 158 HB 188 HB 235 HB 283 HB 303

Do Pass Do Pass, by Substitute 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 306 HB 383 HB 422 HB 430 HB 497 HB 515 HB 540 HB 551

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

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Your Committee on Judiciary Non-Civil 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 92 HB 167 HB 185 HB 197 HB 226 HB 255 HB 257 HB 287 HB 301 HB 314 HB 394

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

HB 395 HB 414 HB 415 HB 571 HB 578 HB 586 HB 599 HB 653 HB 662 HR 352

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

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 463 Do Pass, by Substitute

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

Representative Day of the 163rd District, Chairman of the Committee on Public Safety and Homeland Security, submitted the following report:

Mr. Speaker:

Your Committee on Public Safety and Homeland Security 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:

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HR 424 Do Pass SB 44 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 of the House and has instructed me to report the same back to the House with the following recommendations:

HB 391 Do Pass HB 401 Do Pass, by Substitute

HB 494 Do Pass HB 528 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:

Mr. Speaker:

Your Committee on Transportation 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 245 Do Pass, by Substitute HR 423 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:

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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 87 HB 140 HB 141 HB 169 HB 189 HB 195 HB 222 HB 237 HB 242 HB 264 HB 272 HB 282 HB 289 HB 294 HB 327

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

HB 328 HB 329 HB 351 HB 361 HB 380 HB 385 HB 407 HB 413 HB 436 HB 439 HB 441 HB 445 HB 451 HB 453 HB 486

Do Pass Do Pass, by Substitute Do Pass Do Pass, by Substitute Do Pass Do Pass, by Substitute Do Pass Do Pass, by Substitute Do Pass, by Substitute Do Pass 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 19, 2007

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 366 HB 433 HB 529

Guide or service dog; certain persons; equal public accommodations; provide (H&HS-Bearden-68th) Meat and dairy processing plants; licenses; change certain provisions (Substitute)(A&CA-Sellier-136th) General Assembly; budgetary functions; reflect changes (B&FAO-Royal171st)

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907

Modified Open Rule

None

Modified Structured Rule

HB 429 HB 457

Georgia HIV Pregnancy Screening Act of 2007; enact (Substitute)(H&HSCooper-41st) Revenue, Department of; special license plates; process all applications; provisions (Substitute)(MotV-Rice-51st)

Structured Rule

HB 219 HB 321 HR 102

Certain local sales and use tax; motor fuels; prepayments; provisions (Substitute)(W&M-Royal-171st) Bona fide conservation use property; assessment; change certain eligibility requirements (W&M-Royal-171st) Clark, Mr. Robert; compensate; provide for state income tax exclusion (Substitute)(App-O`Neal-146th)

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 459. By Representatives Mumford of the 95th, Stephenson of the 92nd, Mangham of the 94th and Sailor of the 93rd:

A BILL to be entitled an Act to amend an Act providing for a supplement to the compensation, salary, expenses, and allowances of the judges of the Superior Court of the Rockdale Judicial Circuit, approved March 30, 1993 (Ga. L. 1993, p. 4459), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4777), so as to change the amount of such supplement; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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HB 547. By Representatives Coleman of the 97th and Rice of the 51st:
A BILL to be entitled an Act to authorize the City of Duluth 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 600. By Representatives Parsons of the 42nd, Tumlin of the 38th, Wix of the 33rd, Teilhet of the 40th, Manning of the 32nd 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 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 601. By Representatives Benton of the 31st and McCall of the 30th:
A BILL to be entitled an Act to amend an Act entitled "An Act to create a board of county commissioners for the county of Jackson," approved December 18, 1901 (Ga. L. 1901, p. 257), as amended, particularly by an Act approved March 16, 1999 (Ga. L. 1999, p. 3570), so as to provide for new commissioner districts; to provide for currently serving commissioners; to provide for the submission of this Act for approval; to 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 615. By Representatives Lane of the 158th, Burns of the 157th and Parrish of the 156th:

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909

A BILL to be entitled an Act to amend an Act placing the coroner of Bulloch County on a salary basis, approved April 4, 1967 (Ga. L. 1967, p. 2524), as amended, particularly by an Act approved March 9, 1989 (Ga. L. 1989, p. 3622), so as to change certain provisions relating to compensation and expenses of the coroner; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 616. By Representative Lane of the 167th:
A BILL to be entitled an Act to amend an Act to form a board of commissioners for the County of McIntosh, approved February 26, 1876 (Ga. L. 1876, p. 2839), as amended, so as to provide for a county manager; to provide for appointment; to provide for the duties, powers, and qualifications of the county manager; to provide for vacancies in the office of county manager; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 618. By Representatives Fludd of the 66th and Beasley-Teague of the 65th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Union City ad valorem taxes for municipal purposes in the amount of $25,000.00 of the assessed value of the homestead for residents of that city 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 homestead exemption from City of Union City ad valorem taxes for municipal purposes in the amount of $2,000.00 of the assessed value of the homestead for residents of that city who are 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 referendums, 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 621. By Representatives Johnson of the 37th, Jones of the 44th, Teilhet of the 40th, Golick of the 34th, Tumlin of the 38th and others:

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A BILL to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, 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.
HB 623. By Representatives Golick of the 34th, Tumlin of the 38th, Teilhet of the 40th, Ehrhart of the 36th, Manning of the 32nd and others:
A BILL to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, so as to provide for the supplement to be paid to each of the judges of the superior court of said circuit and an additional supplement for the chief judge of said circuit; to 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 624. By Representatives Setzler of the 35th, Golick of the 34th, Tumlin of the 38th, Johnson of the 37th, Manning of the 32nd 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 632. By Representatives Jerguson of the 22nd, Hill of the 21st, Byrd of the 20th and Hamilton of the 23rd:
A BILL to be entitled an Act to provide for a homestead exemption from City of Woodstock ad valorem taxes for municipal purposes in the amount of $100,000.00 of the assessed value of the homestead for residents of that city who are 62 years of age or over; to provide for definitions; to specify the

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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 633. By Representatives Jerguson of the 22nd, Hill of the 21st, Byrd of the 20th and Hamilton of the 23rd:

A BILL to be entitled an Act to provide a homestead exemption from all City of Woodstock ad valorem taxes for city purposes in the amount of $100,000.00 of the assessed value of the homestead for certain residents of that city 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.

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter
Burns Y Butler Y Byrd

Y Dempsey Y Dickson Y Dollar
Drenner E Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster
Franklin Y Frazier Y Freeman Y Gardner Y Geisinger

Y Holt Y Horne
Houston Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Jordan Y Kaiser Y Keen

Y Martin Y Maxwell
May Y McCall Y McKillip
Meadows Y Millar Y Mills
Mitchell Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield
Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V E Smyre E Stanley-Turner Y Starr Y Stephens

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Y Carter, A Carter, B
Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Hembree Henson Y Hill, C Hill, C.A Y Holmes

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

Y Parrish Y Parsons
Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall
Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Scott, A

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

On the passage of the Bills, the ayes were 149, nays 0.

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

Due to a mechanical malfunction, the vote of Representative Jordan of the 77th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

SB 16. By Senators Rogers of the 21st, Pearson of the 51st, Goggans of the 7th, Heath of the 31st, Carter of the 13th and others:

A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 4 of the O.C.G.A., relating to general provisions relative to animal protection, so as to change certain provisions relating to inspections, impoundment of animals, and exceptions; to change certain provisions relating to failure to respond, right to hearing, care, and crime exception; to change certain provisions relating to filing a report regarding animal cruelty and immunity; to amend

MONDAY, MARCH 19, 2007

913

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 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 46. By Senators Golden of the 8th and Goggans of the 7th:
A BILL to be entitled an Act to amend an Act providing for election of the members of the board of education of Cook County, approved March 28, 1986 (Ga. L. 1986, p. 5499), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5615), so as to change the provision relating to the compensation of the members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 86. By Senators Thomas of the 54th, Whitehead, Sr. of the 24th, Stoner of the 6th, Murphy of the 27th, Weber of the 40th and others:
A BILL to be entitled an Act to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, so as to eliminate certain exceptions to the required use of safety belts; to repeal conflicting laws; and for other purposes.
SB 88. By Senators Unterman of the 45th, Seay of the 34th, Williams of the 19th, Schaefer of the 50th and Johnson of the 1st:
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 program to provide a subsidy to certain grandparents raising grandchildren under certain circumstances; to provide for an assessment and evaluation of certain aspects of the program; to provide for other related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
SB 91. By Senators Pearson of the 51st, Wiles of the 37th, Adelman of the 42nd, Powell of the 23rd and Carter of the 13th:
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

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as to change provisions relating to punishment for the offense of fleeing or attempting to elude a pursuing police vehicle or police officer; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
SB 98. By Senators Hamrick of the 30th, Mullis of the 53rd, Thomas of the 54th, Heath of the 31st, Staton of the 18th and others:
A BILL to be entitled an Act to amend Titles 16 and 35 of the Official Code of Georgia Annotated, relating to crimes and offenses and law enforcement officers and agencies, respectively, so as to provide the Georgia Bureau of Investigation with the authority to investigate certain offenses against minors, including subpoena power; to change provisions relating to the "Computer Pornography and Child Exploitation Act of 1999"; to provide for a definition; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 100. By Senators Pearson of the 51st, Rogers of the 21st, Hawkins of the 49th, Schaefer of the 50th, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Code Section 16-9-4 of the Official Code of Georgia Annotated, relating to the crime of knowingly manufacturing, selling, or distributing false identification documents, so as to increase certain penalties; to provide for exceptions for persons over 21 years of age; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 101. By Senators Tolleson of the 20th, Whitehead, Sr. of the 24th, Hooks of the 14th, Meyer von Bremen of the 12th, Hill of the 4th and others:
A BILL to be entitled an Act to amend Code Section 41-1-7 of the Official Code of Georgia Annotated, relating to treatment of agricultural facilities and operations and forest land use as not being nuisances under certain conditions, so as to redefine a term; to repeal conflicting laws; and for other purposes.
SB 135. By Senators Hamrick of the 30th, Reed of the 35th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to criminal reproduction and sale of recorded material, so as increase penalties for reproducing, transferring, selling, distributing, or circulating certain recorded material; to provide for forfeiture of certain items; to provide for additional restitution as it relates to violation of Code Section 16-8-60, relating to reproduction of recorded

MONDAY, MARCH 19, 2007

915

material, transfer, sale, distribution, and circulation; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 147. By Senators Shafer of the 48th, Balfour of the 9th, Thompson of the 5th and Weber of the 40th:
A BILL to be entitled an Act to create the Gwinnett County Storm-water Authority; to authorize the storm-water authority to acquire, construct, add to, extend, improve, operate, and maintain storm-water management systems and facilities, and any and all other related facilities; to confer powers and to impose duties on the storm-water authority; to provide for the members of the storm-water authority and their term of tenure and compensation; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds or obligations be validated as authorized by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law;" to provide for liberal construction; to provide for severability; to repeal conflicting laws; and for other purposes.
SB 149. By Senator Smith of the 52nd:
A BILL to be entitled an Act to provide that future elections for the office of judge of the Probate Court of Floyd County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 157. By Senators Tolleson of the 20th, Meyer von Bremen of the 12th, Bulloch of the 11th, Williams of the 19th, Hill of the 4th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to gasoline additives, so as to provide for grants to persons to finance installing, replacing, and converting motor fuel storage equipment to facilitate storing and dispensing E-85 gasoline for retail sale; to define certain terms; to provide legislative findings and declarations; to provide for rules and regulations; to repeal conflicting laws; and for other purposes.
SB 173. By Senators Tolleson of the 20th, Hooks of the 14th, Moody of the 56th and Henson of the 41st:
A BILL to be entitled an Act to amend Code Section 22-3-82 of the Official Code of Georgia Annotated, relating to pipeline companies rights to acquire property or property interests by eminent domain, notices to landowners,

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relocations, right of reasonable access, and compensation for damage incident to entry, so as to exempt certain acquisitions of additional pipeline rights of way from restrictions and conditions otherwise imposed on the exercise of such power; to repeal conflicting laws; and for other purposes.
SB 188. By Senators Thompson of the 33rd and Hamrick of the 30th:
A BILL to be entitled an Act to amend Article 14 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to the foster parents bill of rights, so as to provide that the bill of rights applies to foster parents caring for children who are privately placed; to provide for an administrative hearing for aggrieved parties; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 231. By Senators Thompson of the 5th and Shafer of the 48th:
A BILL to be entitled an Act to authorize the City of Norcross 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 Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 263. By Senators Balfour of the 9th, Hudgens of the 47th, Cowsert of the 46th, Unterman of the 45th, Shafer of the 48th and others:
A RESOLUTION urging the Congress of the United States to provide funding for the engineering, construction, and land acquisition and other necessary costs for commuter rail connecting Athens to Atlanta; and for other purposes.
SR 279. By Senators Douglas of the 17th, Harp of the 29th, Williams of the 19th, Brown of the 26th, Staton of the 18th and others:
A RESOLUTION proposing an amendment to the Constitution of Georgia so as to provide for staggered, four-year terms of office for members of the Senate; to provide for the implementation of staggered terms of office for members of the Senate; to provide that members of the House of Representatives shall be elected to terms and in a manner as provided by general law; to provide for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

MONDAY, MARCH 19, 2007

917

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

SB 16.

By Senators Rogers of the 21st, Pearson of the 51st, Goggans of the 7th, Heath of the 31st, Carter of the 13th and others:

A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 4 of the O.C.G.A., relating to general provisions relative to animal protection, so as to change certain provisions relating to inspections, impoundment of animals, and exceptions; to change certain provisions relating to failure to respond, right to hearing, care, and crime exception; to change certain provisions relating to filing a report regarding animal cruelty and immunity; 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 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 46. By Senators Golden of the 8th and Goggans of the 7th:

A BILL to be entitled an Act to amend an Act providing for election of the members of the board of education of Cook County, approved March 28, 1986 (Ga. L. 1986, p. 5499), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5615), so as to change the provision relating to the compensation of the members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Intragovernmental Coordination - Local.

SB 86.

By Senators Thomas of the 54th, Whitehead, Sr. of the 24th, Stoner of the 6th, Murphy of the 27th, Weber of the 40th and others:

A BILL to be entitled an Act to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, so as to eliminate certain exceptions to the required use of safety belts; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Agriculture & Consumer Affairs.

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SB 88.

By Senators Unterman of the 45th, Seay of the 34th, Williams of the 19th, Schaefer of the 50th and Johnson of the 1st:

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 program to provide a subsidy to certain grandparents raising grandchildren under certain circumstances; to provide for an assessment and evaluation of certain aspects of the program; to provide for other related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 91.

By Senators Pearson of the 51st, Wiles of the 37th, Adelman of the 42nd, Powell of the 23rd and Carter of the 13th:

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 change provisions relating to punishment for the offense of fleeing or attempting to elude a pursuing police vehicle or police officer; 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 Judiciary Non-Civil.

SB 98.

By Senators Hamrick of the 30th, Mullis of the 53rd, Thomas of the 54th, Heath of the 31st, Staton of the 18th and others:

A BILL to be entitled an Act to amend Titles 16 and 35 of the Official Code of Georgia Annotated, relating to crimes and offenses and law enforcement officers and agencies, respectively, so as to provide the Georgia Bureau of Investigation with the authority to investigate certain offenses against minors, including subpoena power; to change provisions relating to the "Computer Pornography and Child Exploitation Act of 1999"; to provide for a definition; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary Non-Civil.

MONDAY, MARCH 19, 2007

919

SB 100. By Senators Pearson of the 51st, Rogers of the 21st, Hawkins of the 49th, Schaefer of the 50th, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Code Section 16-9-4 of the Official Code of Georgia Annotated, relating to the crime of knowingly manufacturing, selling, or distributing false identification documents, so as to increase certain penalties; to provide for exceptions for persons over 21 years of age; 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 101. By Senators Tolleson of the 20th, Whitehead, Sr. of the 24th, Hooks of the 14th, Meyer von Bremen of the 12th, Hill of the 4th and others:
A BILL to be entitled an Act to amend Code Section 41-1-7 of the Official Code of Georgia Annotated, relating to treatment of agricultural facilities and operations and forest land use as not being nuisances under certain conditions, so as to redefine a term; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 135. By Senators Hamrick of the 30th, Reed of the 35th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to criminal reproduction and sale of recorded material, so as increase penalties for reproducing, transferring, selling, distributing, or circulating certain recorded material; to provide for forfeiture of certain items; to provide for additional restitution as it relates to violation of Code Section 16-8-60, relating to reproduction of recorded material, transfer, sale, distribution, and circulation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 147. By Senators Shafer of the 48th, Balfour of the 9th, Thompson of the 5th and Weber of the 40th:
A BILL to be entitled an Act to create the Gwinnett County Storm-water Authority; to authorize the storm-water authority to acquire, construct, add to, extend, improve, operate, and maintain storm-water management systems and facilities, and any and all other related facilities; to confer powers and to

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impose duties on the storm-water authority; to provide for the members of the storm-water authority and their term of tenure and compensation; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds or obligations be validated as authorized by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law;" to provide for liberal construction; to provide for severability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 149. By Senator Smith of the 52nd:
A BILL to be entitled an Act to provide that future elections for the office of judge of the Probate Court of Floyd County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination.
SB 157. By Senators Tolleson of the 20th, Meyer von Bremen of the 12th, Bulloch of the 11th, Williams of the 19th, Hill of the 4th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to gasoline additives, so as to provide for grants to persons to finance installing, replacing, and converting motor fuel storage equipment to facilitate storing and dispensing E-85 gasoline for retail sale; to define certain terms; to provide legislative findings and declarations; to provide for rules and regulations; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
SB 173. By Senators Tolleson of the 20th, Hooks of the 14th, Moody of the 56th and Henson of the 41st:
A BILL to be entitled an Act to amend Code Section 22-3-82 of the Official Code of Georgia Annotated, relating to pipeline companies rights to acquire property or property interests by eminent domain, notices to landowners, relocations, right of reasonable access, and compensation for damage incident to entry, so as to exempt certain acquisitions of additional pipeline rights of way from restrictions and conditions otherwise imposed on the exercise of such power; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 19, 2007

921

Referred to the Committee on Judiciary.
SB 188. By Senators Thompson of the 33rd and Hamrick of the 30th:
A BILL to be entitled an Act to amend Article 14 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to the foster parents bill of rights, so as to provide that the bill of rights applies to foster parents caring for children who are privately placed; to provide for an administrative hearing for aggrieved parties; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 231. By Senators Thompson of the 5th and Shafer of the 48th:
A BILL to be entitled an Act to authorize the City of Norcross 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 Intragovernmental Coordination - Local.
SR 263. By Senators Balfour of the 9th, Hudgens of the 47th, Cowsert of the 46th, Unterman of the 45th, Shafer of the 48th and others:
A RESOLUTION urging the Congress of the United States to provide funding for the engineering, construction, and land acquisition and other necessary costs for commuter rail connecting Athens to Atlanta; and for other purposes.
Referred to the Committee on Transportation.
SR 279. By Senators Douglas of the 17th, Harp of the 29th, Williams of the 19th, Brown of the 26th, Staton of the 18th and others:
A RESOLUTION proposing an amendment to the Constitution of Georgia so as to provide for staggered, four-year terms of office for members of the Senate; to provide for the implementation of staggered terms of office for members of the Senate; to provide that members of the House of Representatives shall be elected to terms and in a manner as provided by

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general law; 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 Governmental Affairs.
The following members were recognized during the period of Morning Orders and addressed the House:
Shipp of the 58th, Cheokas of the 134th, Randall of the 138th, and Keen of the 179th.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 528. By Representative Heard of the 104th:
A RESOLUTION commending the 2006-2007 Pro Cheer Junior Coed and Senior All-Girl teams and inviting them to appear before the House of Representatives; and for other purposes.
HR 530. By Representatives Shipp of the 58th, Jones of the 44th, Johnson of the 75th, Sinkfield of the 60th and Stephenson of the 92nd:
A RESOLUTION recognizing "Delta Sigma Theta Day" and inviting representatives of the sorority to appear before this body; and for other purposes.
HR 532. By Representatives Coan of the 101st, Heard of the 104th, Sheldon of the 105th and Reese of the 98th:
A RESOLUTION commending the 2006-2007 Collins Hill High School Eagles girls basketball team and inviting them to appear before the House of Representatives; and for other purposes.
HR 533. By Representatives Watson of the 91st, Heard of the 114th, Lunsford of the 110th, Ehrhart of the 36th and Mosby of the 90th:
A RESOLUTION recognizing and commending Dominique Wilkins, a great basketball legend, and inviting him to appear before the House of Representatives; and for other purposes.
The Speaker Pro Tem assumed the Chair.

MONDAY, MARCH 19, 2007

923

Under the general order of business, established by the Committee on Rules, the following Resolution of the House was taken up for consideration and read the third time:
HR 102. By Representatives O`Neal of the 146th, Talton of the 145th, Smith of the 70th and Everson of the 106th:
A RESOLUTION compensating Mr. Robert Clark and providing for a state income tax exclusion with respect to such compensation; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Compensating Mr. Robert Clark and providing for a state income tax exclusion with respect to such compensation; and for other purposes.
WHEREAS, in 1981, a woman was abducted, raped, and robbed; and
WHEREAS, despite his continued proclamations of innocence, Mr. Robert Clark was arrested and charged with these crimes; and
WHEREAS, as a result of mistaken eyewitness identification, on May 26, 1982, Mr. Clark was convicted of kidnapping with bodily harm, rape, and robbery and sentenced to life imprisonment plus 20 years; and
WHEREAS, Mr. Clark continued adamantly to maintain that he was innocent, and, on December 18, 2003, he filed a petition for DNA testing which was granted; and
WHEREAS, the test concluded that Mr. Clark's DNA did not match the DNA from the semen obtained from the victim's rape kit, and therefore, he was not the perpetrator of the crimes for which he had been tried and convicted; and
WHEREAS, based upon this new evidence, a nolle prosequi was entered with respect to the indictment against Mr. Clark, and, on December 8, 2005, Mr. Clark was immediately released from prison after serving over 23 years in prison; and
WHEREAS, Mr. Clark has suffered loss of liberty, personal injury, lost wages, injury to reputation, emotional distress, and other damages as a result of his over 23 years of incarceration and expenses in trying to prove his innocence; and

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WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages occurred through no fault or negligence on the part of Mr. Clark, and it is only fitting and proper that he be compensated for his loss.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Corrections is authorized and directed to pay the sum of $1.2 million to Mr. Robert Clark as compensation as provided above. Said sum shall be paid from funds appropriated to or available to the Department of Corrections and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence and shall be paid subject to the provisions of this resolution. Said sum shall be paid in the form of two annuities. The first annuity shall be in the amount of $1 million and shall be paid in equal monthly installments over a 15 year period of time with an initial lump sum payment of $100,000.00. Upon the death of Mr. Robert Clark, all payments and all obligations of the state with respect to any and all future payments with respect to such first annuity shall continue to be made to his estate or heirs. The second annuity shall be in the amount of $200,000.00 and shall be paid in equal monthly installments over a 15 year period with no initial lump sum payment. All payments and all obligations of the state with respect to any and all future payments with respect to such second annuity shall cease upon the date of death of the beneficiary, Mr. Robert Clark. Neither such annuity shall be assignable under any circumstances.

BE IT FURTHER RESOLVED that any amount received by Mr. Robert Clark pursuant to this resolution shall be excluded from his taxable net income for state income tax purposes.

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 Abrams Y Amerson Y Ashe Y Barnard N Bearden E Beasley-Teague Y Benfield N Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant
Buckner Burkhalter

Y Dempsey Y Dickson 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 N Franklin Y Frazier

N Holt N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson N Jacobs Y James Y Jamieson Y Jenkins
Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S

Y Martin Y Maxwell N May
McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix

N Scott, M Y Sellier N Setzler
Shaw Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V E Smyre

MONDAY, MARCH 19, 2007

925

N Burns Y Butler N Byrd Y Carter, A Y Carter, B
Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Cox Y Crawford, M Y Crawford, R Y Davis, H N Davis, S Y Day

Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon N Graves Y Greene Y Hamilton Y Hanner Y Harbin N Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree
Henson N Hill, C Y Hill, C.A Y Holmes

Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox N Lakly N Lane, B Y Lane, R Y Levitas N Lewis Y Lindsey Y Lord N Loudermilk Y Lucas N Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y Oliver Y O'Neal Y Parham Y Parrish
Parsons Y Peake Y Porter Y Powell N Pruett N Ralston Y Randall Y Reece
Reese Y Rice Y Roberts N Rogers Y Royal
Rynders Y Sailor N Scott, A

E Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the adoption of the Resolution, by substitute, the ayes were 132, nays 25.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
The following supplemental Rules Calendar was read and adopted:
HOUSE SUPPLEMENTAL RULES CALENDAR MONDAY, MARCH 19, 2007
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 48 HB 518

Georgia State Indemnification Fund; definitions; change terms (Substitute)(App-Chambers-81st) Motor vehicles; commercial motor vehicle; define; license plates; provisions (MotV-Rice-51st)

Modified Open Rule

None

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Modified Structure Rule

HB 147 HB 286

Woman's Right to Know Act; abortion; change certain provisions (Substitute)(JudyNC-Mills-25th) Controlled substances; Schedule II and V; change certain provisions (Substitute)(JudyNC-Stephens-164th)

Structured Rule

HB 16

Public employees; fraud, waste, abuse in state operations; change definitions (Substitute)(Judy-Golick-34th)

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

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

The Speaker assumed the Chair.

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 16. By Representatives Golick of the 34th, Tumlin of the 38th, Lindsey of the 54th, Hatfield of the 177th, Jacobs of the 80th and others:

A BILL to be entitled an Act to amend Code Section 45-1-4 of the Official Code of Georgia Annotated, relating to complaints or information from public employees as to fraud, waste, and abuse in state programs and operations, so as to change certain definitions to include a broader list of employees, officials, and administrators who may be protected by the provisions of this Code section; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and withdrawn:

A BILL

To amend Code Section 45-1-4 of the Official Code of Georgia Annotated, relating to complaints or information from public employees as to fraud, waste, and abuse in state programs and operations, so as to change certain definitions to include a broader list of employees, officials, and administrators who may be protected by the provisions of this

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Code section; to change the definition of "retaliate"; to change provisions relating to complaints or information from public employees as to fraud, waste, and abuse in state programs and operations; 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 45-1-4 of the Official Code of Georgia Annotated, relating to complaints or information from public employees as to fraud, waste, and abuse in state programs and operations, is amended by revising paragraphs (3), (4), and (5) of subsection (a) as follows:
"(3) 'Public employee' means any person who is employed by the executive, judicial, or legislative branch of the state or by any other department, board, bureau, commission, authority, or other agency of the state. This term also includes all employees, officials, and administrators of any agency covered under the State Merit System of Personnel Administration and any local or regional governmental entity that receives any funds from the State of Georgia or any state agency. (4) 'Public employer' means the executive, judicial, or legislative branch of the state or; any other department, board, bureau, commission, authority, or other agency of the state which employs or appoints a public employee or public employees; or any local or regional governmental entity that receives any funds from the State of Georgia or any state agency. (5) 'Retaliate' or 'retaliation' refers to the discharge, transfer, suspension, or demotion by a public employer of a public employee or any other adverse employment action taken by a public employer against a public employee in the terms or conditions of employment for disclosing a violation of or noncompliance with a law, rule, or regulation to either a supervisor or state government agency."
SECTION 2. Said Code section is further amended by revising subsection (b) as follows:
"(b) A public employer may receive and investigate complaints or information from any public employee concerning the possible existence of any activity constituting fraud, waste, and abuse in or relating to any state programs and or operations under the jurisdiction of such public employer or of any noncompliance with any law, rule, or regulation relating to any programs or operations under the jurisdiction of such public employer."
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:

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A BILL
To amend Code Section 45-1-4 of the Official Code of Georgia Annotated, relating to complaints or information from public employees as to fraud, waste, and abuse in state programs and operations, so as to change certain definitions to include a broader list of employees, officials, and administrators who may be protected by the provisions of this Code section; to change the definition of "retaliate"; 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 45-1-4 of the Official Code of Georgia Annotated, relating to complaints or information from public employees as to fraud, waste, and abuse in state programs and operations, is amended by revising paragraphs (3), (4), and (5) of subsection (a) as follows:
"(3) 'Public employee' means any person who is employed by the executive, judicial, or legislative branch of the state or by any other department, board, bureau, commission, authority, or other agency of the state. This term also includes all employees, officials, and administrators of any agency covered under the State Merit System of Personnel Administration and any local or regional governmental entity that receives any funds from the State of Georgia or any state agency. (4) 'Public employer' means the executive, judicial, or legislative branch of the state or; any other department, board, bureau, commission, authority, or other agency of the state which employs or appoints a public employee or public employees; or any local or regional governmental entity that receives any funds from the State of Georgia or any state agency. (5) 'Retaliate' or 'retaliation' refers to the discharge, suspension, or demotion by a public employer of a public employee or any other adverse employment action taken by a public employer against a public employee in the terms or conditions of employment for disclosing a violation of or noncompliance with a law, rule, or regulation to either a supervisor or state government agency."
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:

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E Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A
Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson
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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A Y Holmes

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

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

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

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

HR 535. By Representatives O`Neal of the 146th, Talton of the 145th, Black of the 174th, Shaw of the 176th and Carter of the 175th:

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A RESOLUTION inviting Amanda Kozak, Miss Georgia 2006, 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 147. By Representatives Mills of the 25th, Sheldon of the 105th, Fleming of the 117th, Coan of the 101st, Ralston of the 7th and others:
A BILL to be entitled an Act to provide a short title; to provide for legislative findings and purpose; to amend Chapter 9A of Title 31 of the O.C.G.A., relating to the "Woman's Right to Know Act," so as to require physicians or other qualified agents to require that pregnant females undergo an ultrasound or sonogram prior to having an abortion; to change certain provisions relating to voluntary and informed consent to abortions; to require certain information be made available by the Department of Human Resources; to change certain provisions relating to reporting requirements; to provide for civil causes of action; to amend Article 5 of Chapter 12 of Title 16 of the O.C.G.A., relating to abortion, to provide for criminal penalties for failure to comply with the "Woman's Right to Know Act"; to provide for construction; to provide for intervention; to provide for severability; 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 provide a short title; to provide for legislative findings and purpose; to amend Chapter 9A of Title 31 of the Official Code of Georgia Annotated, relating to the "Woman's Right to Know Act," so as to offer pregnant females an opportunity to undergo an ultrasound if such imaging is available and allow the woman to view the sonogram and listen to the fetal heartbeat, if present; to change certain provisions relating to voluntary and informed consent to abortions; to require certain information be made available by the Department of Human Resources; to provide for a civil cause of action; to provide for construction; to provide for intervention; to provide for severability; 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 "Woman's Ultrasound Right to Know Act."

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SECTION 2. (a) The General Assembly finds that:
(1) It is essential to the psychological and physical well-being of a woman considering an abortion that she receive complete and accurate information on the reality and status of her pregnancy and of her unborn child; (2) The decision to abort "is an important and often a stressful one, and it is desirable and imperative that it be made with full knowledge of its nature and consequences." Planned Parenthood v. Danforth, 428 U.S. 52, 67 (1976); and (3) The knowledgeable exercise of a woman's decision to have an abortion depends on the extent to which the woman receives sufficient information to make an informed choice between two alternatives: giving birth or having an abortion. (b) Based on the findings in subsection (a) of this section, it is the purpose of this Act to: (1) Ensure that every woman considering an abortion receive complete information on the reality and status of her pregnancy and of her unborn child and that every woman submitting to an abortion do so only after giving her voluntary and informed consent to the abortion procedure; (2) Protect unborn children from a woman's uninformed decision to have an abortion; (3) Reduce "the risk that a woman may elect an abortion, only to discover later, with devastating psychological consequences, that her decision was not fully informed" Planned Parenthood v. Casey, 505 U.S. 833, 882 (1992); and (4) Adopt the construction of the term "medical emergency" accepted by the United States Supreme Court in Planned Parenthood v. Casey, 505 U.S. 833 (1992).
SECTION 3. Chapter 9A of Title 31 of the Official Code of Georgia Annotated, relating to the "Woman's Right to Know Act," is amended by revising Code Section 31-9A-3, relating to voluntary and informed consent to abortion, as follows:
"31-9A-3. No abortion shall be performed in this state except with the voluntary and informed consent of the female upon whom the abortion is to be performed. Notwithstanding any provision of law to the contrary, except in the case of a medical emergency, consent to an abortion is voluntary and informed if and only if:
(1) The female is told the following, by telephone or in person, by the physician who is to perform the abortion, by a qualified agent of the physician who is to perform the abortion, or by a qualified agent of a referring physician, or by a referring physician, at least 24 hours before the abortion:
(A) The particular medical risks to the individual patient associated with the particular abortion procedure to be employed, when medically accurate; (B) The probable gestational age of the unborn child at the time the abortion would be performed; and (C) The medical risks associated with carrying the unborn child to term. The information required by this paragraph may be provided by telephone without conducting a physical examination or tests of the patient, in which case the

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information required to be provided may be based on facts supplied to the physician by the female and whatever other relevant information is reasonably available to the physician. Such information may not be provided by a tape recording but must be provided during a consultation in which the physician or a qualified agent of the physician is able to ask questions of the female and the female is able to ask questions of the physician or the physician's qualified agent. If in the medical judgment of the physician any physical examination, tests, or other information subsequently provided to the physician requires a revision of the information previously supplied to the patient, that revised information shall be communicated to the patient prior to the performance of the abortion. Nothing in this Code section may be construed to preclude provision of required information in a language understood by the patient through a translator; (2) The female is informed, by telephone or in person, by the physician who is to perform the abortion, by a referring physician, or by a qualified agent of either physician at least 24 hours before the abortion:
(A) That medical assistance benefits may be available for prenatal care, childbirth, and neonatal care; (B) That the father will be liable pursuant to subsection (a) of Code Section 19-7-49 to assist in the support of her child; and (C) How to obtain a list of health care providers, facilities, and clinics that offer to perform ultrasounds free of charge; such list shall be arranged geographically and shall include the name, address, hours of operation, and telephone number of each listed entity; and (C)(D) That she has the right to review the printed materials described in Code Section 31-9A-4 and that these materials are available on a state sponsored website at a stated website address. The physician or the physician's qualified agent shall orally inform the female that materials have been provided by the State of Georgia and that they describe the unborn child, list agencies that offer alternatives to abortion, and contain information on fetal pain. If the female chooses to view the materials other than on the website, they shall either be given to her at least 24 hours before the abortion or mailed to her at least 72 hours before the abortion by certified mail, restricted delivery to addressee. The information required by this paragraph may be provided by a tape recording if provision is made to record or otherwise register specifically whether the female does or does not choose to review the printed materials other than on the website; (3) The female certifies in writing, prior to the abortion, that the information described in paragraphs (1) and (2) of this Code section has been furnished her and that she has been informed of her opportunity to review the information referred to in subparagraph (C) (D) of paragraph (2) of this Code section; and (4) For all cases in which an ultrasound is performed prior to conducting an abortion or a pre-abortion screen: (A) The woman shall at the conclusion of the ultrasound be offered the opportunity to view the fetal image and hear the fetal heartbeat. The active ultrasound image

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shall be of a quality consistent with standard medical practice in the community, contain the dimensions of the unborn child, and accurately portray the presence of external members and internal organs, including but not limited to the heartbeat, if present or viewable, of the unborn child. The auscultation of fetal heart tone shall be of a quality consistent with standard medical practice in the community; and (B) At the conclusion of these actions and prior to the abortion, the female certifies in writing that:
(i) She was provided the opportunity described in subparagraph (A) of this paragraph; (ii) Whether or not she elected to view the sonogram; and (iii) Whether or not she elected to listen to the fetal heartbeat, if present; and (4)(5) Prior to the performance of the abortion, the physician who is to perform the abortion or the physician's qualified agent receives a copy of the written certification certifications prescribed by paragraph paragraphs (3) and (4) of this Code section and retains it them on file with the female's medical record for at least three years following the date of receipt."
SECTION 4. Said chapter is further amended by revising subsection (a) of Code Section 31-9A-4, relating to information to be made available by the Department of Human Resources, format requirements, availability, and requirements for website, as follows:
"(a) Not later than August 8, 2005, the The Department of Human Resources shall cause to be published in English and in each language which is the primary language of 2 percent or more of the state's population and shall cause to be available on the state website provided for in subsection (d) of this Code section the following printed materials in such a way as to ensure that the information is easily comprehensible:
(1) Geographically indexed materials designed to inform the female of public and private agencies and services available to assist a female through pregnancy, upon childbirth, and while the child is dependent, including adoption agencies, which shall include a comprehensive list of the agencies available, a description of the services they offer, and a description of the manner, including telephone numbers and website addresses, in which they might be contacted or, at the option of such department, printed materials including a toll-free, 24 hour telephone number which may be called to obtain, orally or by a tape recorded message tailored to the ZIP Code entered by the caller, such a list and description of agencies in the locality of the caller and of the services they offer; (1.1) Geographically indexed materials designed to inform the female of public and private facilities and services available to assist a female with obtaining an ultrasound which shall include a comprehensive list of the facilities available, a description of the services they offer, and a description of the manner, including telephone numbers and website addresses, in which they might be contacted or, at the option of such department, printed materials including a toll-free, 24 hour telephone number which may be called to obtain, orally or by a tape recorded message tailored to the ZIP Code

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entered by the caller, such a list and description of facilities in the locality of the caller and of the services they offer; (2) Materials designed to inform the female of the probable anatomical and physiological characteristics of the unborn child at two-week gestational increments from the time when a female can be known to be pregnant to full term, including any relevant information on the possibility of the unborn child's survival and pictures representing the development of unborn children at two-week gestational increments, provided that any such pictures must contain the dimensions of the fetus and must be factually accurate for the stage of pregnancy depicted. The materials shall be objective, nonjudgmental, and designed to convey only factually accurate scientific information about the unborn child at the various gestational ages. The material shall also contain objective information describing the methods of abortion procedures commonly employed, the medical risks commonly associated with each such procedure, the possible detrimental psychological effects of abortion, and the medical risks commonly associated with carrying a child to term; and (3) Materials with the following statement concerning unborn children of 20 weeks or more gestational age:
'By 20 weeks gestation, the unborn child has the physical structures necessary to experience pain. There is evidence that by 20 weeks gestation unborn children seek to evade certain stimuli in a manner which in an infant or an adult would be interpreted to be a response to pain. Anesthesia is routinely administered to unborn children who are 20 weeks gestational age or older who undergo prenatal surgery.' The materials shall be objective, nonjudgmental, and designed to convey only accurate scientific information about the unborn child at the various gestational ages."
SECTION 5. Said chapter is further amended by adding a new Code Section as follows:
"31-9A.6.1. In addition to whatever remedies are available under the common or statutory law of this state, failure to comply with the requirements of this chapter shall provide a basis for professional disciplinary action from the Composite State Board of Medical Examiners."
SECTION 6. Nothing in this Act shall be construed as creating or recognizing a right to abortion. It is not the intention of this Act to make lawful an abortion that is currently unlawful.
SECTION 7. The General Assembly, by joint resolution, may appoint one or more of its members who sponsored or cosponsored this Act in his or her official capacity to intervene as a matter of right in any case in which the constitutionality of this Act is challenged.

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SECTION 8. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

SECTION 9. This Act shall become effective on July 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:

E Abdul-Salaam N Abrams Y Amerson N Ashe Y Barnard E Bearden E Beasley-Teague N Benfield Y Benton Y Black Y Bridges N Brooks N Bruce N Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas N Chambers Y Channell Y Cheokas Y Coan Y Cole

Y Dempsey Y Dickson Y Dollar N Drenner N Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming N Floyd, H Y Floyd, J N Fludd Y Forster N Franklin N Frazier Y Freeman N Gardner Y Geisinger Y Glanton Y Golick N Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin

Y Holt Y Horne Y Houston N Howard N Hudson N Hugley N Jackson N Jacobs N James N Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R N Levitas Y Lewis

Y Martin Y Maxwell Y May Y McCall N McKillip Y Meadows N Millar Y Mills N Mitchell N Morgan Y Morris N Mosby Y Mumford N Murphy Y Neal Y Nix N Oliver Y O'Neal N Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston N Randall

Y Scott, M Y Sellier Y Setzler N Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V E Smyre E Stanley-Turner N Starr Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker N Watson

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Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

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

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

Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

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

On the passage of the Bill, by substitute, the ayes were 116, nays 54.

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

House of Representatives 402 Paul D. Coverdale Legislative Office Building
Atlanta, Georgia 30334

Mr. Clerk,

HB 147 is a revision to the "Woman's Right to Know Act" which was passed by this body as HB 197 during the 2005 session. While I voted in favor of HB 197 two years ago, I have regretted that vote. In essence what HB 197 did was to stipulate that if you do certain things or are told certain information, then you still get to murder the baby. Since it is a proven fact that life begins at conception, it is always wrong for the state of sanction the taking of innocent life, regardless of the information provided. It is for these reasons that I voted today against HB 147.

Your servant, /s/ Bobby Franklin
District 43

HB 48. By Representatives Chambers of the 81st, Bearden of the 68th and Geisinger of the 48th:

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 redefine certain terms; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and withdrawn:

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A BILL
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 redefine certain terms; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia State Indemnification Fund, is amended by revising paragraph (5) to read as follows:
"(5) 'In the line of duty' means: (A) With respect to an emergency medical technician, while on duty and when responding to or returning from an emergency or performing duties at the scene of an emergency or transporting a person to a medical facility for emergency treatment or returning therefrom; (B) With respect to a firefighter, while: (i) While training, on duty, and when responding to or returning from a fire or other emergency or performing duties during any fire or other emergency or performing duties intended to protect life and property; or (ii) While on or off duty after returning from the last fire to which he or she responded and presumption of death resulting from an injury or condition that occurred while on duty has been established by the board of the Georgia State Indemnification Fund; (C) With respect to a law enforcement officer or firefighter, while on duty and performing services for and receiving with or without compensation from the law enforcement and fire service agency which employs such officer or firefighter, while off duty when responding to any situation which would save a life or preserve the peace, or while preventing or attempting to prevent the commission of a crime or fire. A law enforcement officer or firefighter who is performing duties for and receiving compensation from a private employer at the time of such officer's or firefighter's death or bodily injury causing permanent disability shall not be considered in the line of duty unless the officer or firefighter has left the scope of his or her employment for the private employer for the direct purpose of enforcing or attempting to enforce fire service, the criminal or traffic laws, preserving or attempting to preserve public order, protecting or attempting to protect life or property, performing active state service as a member of the Georgia National Guard, preventing or attempting to prevent a crime, detecting or attempting to detect crime, or investigating or attempting to investigate crime. The determination that a law enforcement officer or firefighter was killed or permanently disabled in the line of duty and is entitled to indemnification pursuant to this part shall not be considered in the determination of the entitlement of such officer to workers

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compensation, disability, health, or other benefits from such officer's or firefighter's public or private employer; (D) With respect to a prison guard, while on duty and performing services for and receiving compensation from the public agency which employs such prison guard; or (E) With respect to a state highway employee, while on duty and performing any work necessary for the construction, maintenance, or operation of a roadway on or within the public roads of the state as defined in paragraph (24) of Code Section 321-3 when such employee is killed or permanently disabled as the result of working under hazardous conditions in close proximity to moving traffic or equipment."
SECTION 2. Said Code section is further amended by striking paragraph (6) and inserting in lieu thereof the following:
"(6) 'Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, of this state, an authority or instrumentality of this state, or a local authority created as a joint public instrumentality of municipalities or counties of this state, 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 expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the employees designated by the commissioner of juvenile justice of the Department of Juvenile Justice pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8, which employees have the duty to investigate and apprehend delinquent and unruly children who have escaped from a facility under the jurisdiction of the Department of Juvenile Justice or who have broken the conditions of supervision. Such term also includes members of the Georgia National Guard, the composition of which is set forth in Code Section 38-23, who have been called into active state service by the Governor."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representative Chambers of the 81st, was read and adopted:
A BILL
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 redefine certain terms; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia State Indemnification Fund, is amended by revising paragraph (5) to read as follows:
"(5) 'In the line of duty' means: (A) With respect to an emergency medical technician, while on duty and when responding to or returning from an emergency or performing duties at the scene of an emergency or transporting a person to a medical facility for emergency treatment or returning therefrom; (B) With respect to a firefighter, while training, on duty, and when responding to or returning from a fire or other emergency or performing duties during any fire or other emergency or performing duties intended to protect life and property; (C) With respect to a law enforcement officer or firefighter, while on duty and performing services for and receiving with or without compensation from the law enforcement and fire service agency which employs such officer or firefighter, while off duty when responding to any situation which would save a life or preserve the peace, or while preventing or attempting to prevent the commission of a crime or fire. A law enforcement officer or firefighter who is performing duties for and receiving compensation from a private employer at the time of such officer's or firefighter's death or bodily injury causing permanent disability shall not be considered in the line of duty unless the officer or firefighter has left the scope of his or her employment for the private employer for the direct purpose of enforcing or attempting to enforce fire service, the criminal or traffic laws, preserving or attempting to preserve public order, protecting or attempting to protect life or property, performing active state service as a member of the Georgia National Guard, preventing or attempting to prevent a crime, detecting or attempting to detect crime, or investigating or attempting to investigate crime. The determination that a law enforcement officer or firefighter was killed or permanently disabled in the line of duty and is entitled to indemnification pursuant to this part shall not be considered in the determination of the entitlement of such officer to workers compensation, disability, health, or other benefits from such officer's or firefighter's public or private employer; (D) With respect to a prison guard, while on duty and performing services for and receiving compensation from the public agency which employs such prison guard; or (E) With respect to a state highway employee, while on duty and performing any work necessary for the construction, maintenance, or operation of a roadway on or within the public roads of the state as defined in paragraph (24) of Code Section 321-3 when such employee is killed or permanently disabled as the result of working under hazardous conditions in close proximity to moving traffic or equipment."

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SECTION 2. Said Code section is further amended by striking paragraph (6) and inserting in lieu thereof the following:
"(6) 'Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, of this state, an authority or instrumentality of this state, or a local authority created as a joint public instrumentality of municipalities or counties of this state, 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 expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the employees designated by the commissioner of juvenile justice of the Department of Juvenile Justice pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8, which employees have the duty to investigate and apprehend delinquent and unruly children who have escaped from a facility under the jurisdiction of the Department of Juvenile Justice or who have broken the conditions of supervision. Such term also includes members of the Georgia National Guard, the composition of which is set forth in Code Section 38-23, who have been called into active state service by the Governor."

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 Y Abrams Y Amerson Y Ashe Y Barnard E Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns

Y Dempsey Y Dickson 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 Frazier Y Freeman

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver

Y Scott, M Y Sellier
Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V E Smyre E Stanley-Turner

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941

Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Kaiser Y Keen Y Keown Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey
Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B E Tumlin Y Walker Y Watson Y Wilkinson E Willard Y Williams, A Y Williams, E Y Williams, M 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 Setzler of the 35th 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 518. By Representative Rice of the 51st:

A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide for a definition of a commercial motor vehicle; to provide for expiration of license plates issued to manufacturers, distributors, and dealers; to provide for annual and staggered registration by dealers, manufacturers, and transporters; to provide for the suspension or revocation of commercial motor vehicles when not in compliance with federal safety regulations; to provide for fees; to change the time limit for registration applications from 90 to 30 days; to provide for cancellation of certificates of title for vehicles designated for scrap metal or to be dismantled or demolished; to provide for applicability; to provide for effective dates; to repeal conflicting laws; and for other purposes.

The following amendment was read and adopted:

Representative Rice of the 51st moves to amend HB 518 by substituting "expiration" for "last day" on line 31 on page 2 and on line 15 on page 3.

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

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

E Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard E Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas E Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

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

Y Martin Y Maxwell Y May
McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

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

On the passage of the Bill, as amended, the ayes were 166, nays 0.

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

The Speaker Pro Tem assumed the Chair.

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943

HB 286. By Representatives Stephens of the 164th, Parrish of the 156th 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 II controlled substances; to change certain provisions relating to Schedule V controlled substances; to change certain provisions relating to the definition of "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 II controlled substances; to change certain provisions relating to Schedule V controlled substances; to change certain provisions relating to the definition of "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 16-13-26, related to Schedule II controlled substances, by striking in its entirety subparagraph (G) of paragraph (3) which reads as follows:
"(G) Dimethylamphetamine;"
SECTION 2. Said chapter is further amended in Code Section 16-13-29, relating to Schedule V controlled substances, by revising paragraph (3) as follows:
"(3) Reserved Pregabalin; or"
SECTION 3. Said chapter is further amended in Code Section 16-13-71, relating to the definition of dangerous drug, by revising paragraphs (509.18), (517.5), and (772.5) in subsection (b) as follows:
"(509.18) Ketotifen See exceptions;" "(517.5) Levonorgestrel;" "(772.5) Pregabalin;"
SECTION 4.

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Said chapter is further amended in Code Section 16-13-71, relating to the definition of dangerous drug, by adding new paragraphs to subsection (b) to read as follows:
"(.037) Abatacept;" "(19.75) Alglucosidase alfa;" "(52.5) Anidulafungin;" "(62.75) Arformoterol tartrate;" "(101.5) Biskalcitrate;" "(192.02) Ciclesonide;" "(213.3) Conivaptan;" "(240.7) Darunavir;" "(240.9) Dasatinib;" "(243.3) Decitabine;" "(379.09) Etonogestrel;" "(464.5) Idursulfase;" "(530.7) Lubiprostone;" "(681.45) Paliperidone;" "(685.6) Panitumumab;" "(752.7) Posaconazole;" "(831.07) Ranibizumab;" "(831.3) Ranolazine;" "(831.7) Rasagiline;" "(843.82) Rituximab;" "(845.9) Rotavirus vaccine;" "(858.3) Sinecatechins;" "(858.7) Sitagliptin;" "(882.5) Sorafenib;" "(927.7) Sunitinib;" "(931.56) Telbivudine;" "(1025.7) Varenicline;" "(1037.7) Vorinostat;"
SECTION 5. Said chapter is further amended in Code Section 16-13-71, relating to the definition of dangerous drug, by adding a new paragraph to subsection (c) as follows:
"(12.7) Ketotifen when used with a strength of 0.025 percent or less in an ophthalmic solution;"
SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

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945

The report of the Committee, which was favorable to the passage of the Bill, 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 Abrams Y Amerson Y Ashe Y Barnard E Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas E Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

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

Martin Y Maxwell Y May
McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V E Smyre E Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B E Tumlin Y Walker
Watson Y Wilkinson E Willard Y Williams, A Y Williams, E Y Williams, M 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 529. By Representatives Royal of the 171st, Harbin of the 118th, Keen of the 179th, Reese of the 98th, Hill of the 21st and others:

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A BILL to be entitled an Act to amend numerous provisions of the Official Code of Georgia Annotated so as to reflect changes in the organization of the General Assembly with respect to budgetary functions; 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 Abrams Y Amerson Y Ashe Y Barnard E Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas E Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon
Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson E Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser
Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas 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
McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

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

MONDAY, MARCH 19, 2007

947

HB 433. By Representatives Sellier of the 136th, McCall of the 30th, England of the 108th, Maddox of the 172nd and Roberts of the 154th:
A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to meat, poultry, and dairy processing plants, so as to change certain provisions relating to licenses for meat and dairy processing plants, fees, term of validity, revocation or suspension, and notice and hearing; to change certain provisions relating to licenses for poultry processing plants, fees, display at place of business, transferability, suspension or revocation, notice and hearing, and registration; 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 change certain provisions relating to application of Article 3 of said chapter, the "Georgia Meat Inspection Act"; to provide for jurisdiction and enforcement; to change certain provisions relating to licenses for meat and dairy processing plants, fees, term of validity, revocation or suspension, and notice and hearing; to change certain provisions relating to licenses for poultry processing plants, fees, display at place of business, transferability, suspension or revocation, notice and hearing, and registration; to provide for application of Article 6 of said chapter; to provide for jurisdiction and enforcement; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, is amended by revising Code Section 26-2-64, relating to application of Article 3 of said chapter, the "Georgia Meat Inspection Act," as follows:
"26-2-64. The requirements of this article shall apply to persons, firms, corporations, establishments, animals, and articles regulated under the Federal Meat Inspection Act, 21 U.S.C. Section 601, et seq., only to the extent provided for in Section 408 of the said federal act,. Consistent with said federal act, the Commissioner may exercise concurrent jurisdiction with the secretary of agriculture of the United States and may enforce this article and any regulations promulgated pursuant thereto without regard to licensing agency."
SECTION 2.

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Said chapter is further amended by revising Code Section 26-2-209, relating to licenses for meat and dairy processing plants, fees, term of validity, revocation or suspension, and notice and hearing, as follows:
"26-2-209. To assure the protection of the consuming public, no person shall operate a meat or dairy processing plant in this state without having first obtained a permanent license from the Commissioner. The original license fee shall be $10.00 and the renewal fee shall be $10.00 per annum. The license shall be valid from January 1 to December 31 of the year in which it was issued or until revoked as provided in this article. Any; provided, however, that any meat processing plant operating under a federal grant of inspection from the United States Department of Agriculture, Food Safety Inspection Service, shall be exempt from such license requirement. There shall be no fee for such license. The license shall be kept on file in each place of business. The license shall not be transferable. The Georgia Department of Agriculture may refuse to grant inspection, and any such license may be revoked or suspended by the Commissioner for the violation of this article or rules and regulations or sanitary standards and specifications adopted pursuant to this article. The Commissioner shall notify the licensee of the reasons why he or she intends to revoke or suspend the license, and the licensee shall be entitled to a hearing before the Commissioner within ten days after receipt of such notice of intention to revoke or suspend. At such hearing the Commissioner shall consider the circumstances and shall give the licensee reasonable time to correct the conditions or circumstances that caused the notice of intention to revoke or suspend the license to be given."
SECTION 3. Said chapter is further amended by revising Code Section 26-2-210, relating to licenses for poultry processing plants, fees, display at place of business, transferability, suspension or revocation, notice and hearing, and registration, as follows:
"26-2-210. To assure the protection of the consuming public, no person shall operate a poultry processing plant in this state without having first obtained a permanent license from the Commissioner. The fee for such license shall be fixed by the Commissioner in an amount not to exceed $10.00.; provided, however, that any poultry processing plant operating under a federal grant of inspection from the United States Department of Agriculture, Food Safety Inspection Service, shall be exempt from such license requirement. There shall be no fee for such license. The license shall be conspicuously displayed kept on file in each place of business. The license shall not be transferable. The license of any person who ceases operation for a period of 90 days or more shall automatically be revoked. Any The Georgia Department of Agriculture may refuse to grant inspection, and any such license may be revoked or suspended by the Commissioner for the violation of this article or rules and regulations or sanitary standards and specifications adopted pursuant to this article. The Commissioner shall notify the licensee of the reasons why he or she intends to revoke or suspend the

MONDAY, MARCH 19, 2007

949

license, and the licensee shall be entitled to a hearing before the Commissioner within ten days after receipt of such notice of intention to revoke or suspend. At such hearing the Commissioner shall consider the circumstances and shall give the licensee reasonable time to correct the conditions or circumstances that caused the notice of intention to revoke or suspend the license to be given. All licensees who operate a poultry processing plant in this state which is not covered under the provisions of the United States Department of Agriculture poultry inspection program shall register with the Commissioner on or before January 1 of each year at no cost to the licensee."

SECTION 4. Said chapter is further amended by adding a new Code section to read as follows:
"26-2-213.1. The requirements of this article shall apply to persons, firms, corporations, establishments, animals, and articles regulated under the federal Meat Inspection Act, 21 U.S.C. Section 601, et seq., or the federal Poultry Products Inspection Act, 21 U.S.C. Section 451, et seq., only to the extent provided for in said federal acts. Consistent with said federal acts, the Commissioner may exercise concurrent jurisdiction with the secretary of agriculture of the United States and may enforce this article and any regulations promulgated pursuant thereto without regard to licensing agency."

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 Abrams Y Amerson Y Ashe Y Barnard E Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns

Y Dempsey Y Dickson 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 Frazier Y Freeman

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson E Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T
Jones, J Y Jones, S Y Jordan

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V E Smyre E Stanley-Turner

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Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas E Chambers Y Channell Y Cheokas Y Coan
Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B E Tumlin Y Walker Y Watson Y Wilkinson E Willard Y Williams, A Y Williams, E Y Williams, M 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.

HB 219. By Representatives Royal of the 171st, O`Neal of the 146th, Roberts of the 154th and Black of the 174th:

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 prepayments of certain local sales and use taxes with respect to motor fuels; to provide for procedures, conditions, and limitations; to change certain provisions regarding penalties; to change certain provisions regarding taxation of motor fuel; to change certain provisions regarding sales and use tax exemptions regarding motor fuel; to change certain provisions regarding refunds of motor fuel taxes; to change certain provisions regarding the second motor fuel tax; 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 Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for prepayments of certain local sales and use taxes with respect to motor fuels; to provide for procedures, conditions, and limitations; to change certain

MONDAY, MARCH 19, 2007

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provisions regarding penalties; to change certain provisions regarding taxation of motor fuel; to change certain provisions regarding sales and use tax exemptions regarding motor fuel; to change certain provisions regarding refunds of motor fuel taxes; to change certain requirements regarding reports of motor fuel deliveries; 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 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Code Section 48-8-2, relating to definitions, by revising paragraph (5.1) and adding a new paragraph as follows:
"(5.1) 'Prepaid state tax' means the tax levied under Code Section 48-8-30 in conjunction with Code Section 48-8-3.1 and Code Section 48-9-14 on the retail sale of motor fuels for highway use and collected prior to that retail sale. This tax is based upon the average retail sales price as set forth in Code Section 48-9-14. This shall not apply to any local sales and use tax which is levied on the sale or use of motor fuel 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, known as 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; or by or pursuant to Article 3 of this chapter. (5.2) 'Prepaid local tax' means any local sales and use tax which is levied on the sale or use of motor fuel 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, known as the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965' or by or pursuant to Article 2, 2A, 3, or 4 of this chapter. Such tax is based on the same average retail sales price as set forth in subparagraph (b)(2)(B) of Code Section 48-9-14. Such price shall be used to compute the prepaid sales tax rate for local jurisdictions by multiplying such retail price by the applicable rate imposed by the jurisdiction. The person collecting and reporting the prepaid local tax for the local jurisdiction shall provide a schedule as to which jurisdiction these collections relate. This determination shall be based upon the shipping papers of the conveyance that delivered the motor fuel to the dealer or consumer in the local jurisdiction. A seller may rely upon the representation made by the purchaser as to which jurisdiction the shipment is bound and prepare shipping papers in accordance with those instructions."
SECTION 2. Said title is further amended in Code Section 48-8-30, relating to imposition of sales and use taxes, by adding new subsections (j) and (k) to read as follows:

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"(j) In the event any distributor licensed under Chapter 9 of this title purchases any motor fuel on which the prepaid state tax or prepaid local tax or both have been imposed pursuant to this Code section and resells the same to a governmental entity that is totally or partially exempt from such tax under paragraph (1) of Code Section 48-8-3, such distributor shall be entitled to either a credit or refund. The amount of the credit or refund shall be the prepaid state tax or prepaid local tax or both rates for which such governmental entity is exempt multiplied by the gallons of motor fuel purchased for its exclusive use. To be eligible for the credit or refund, the distributor shall reduce the amount such distributor charges for the fuel sold to such governmental entity by an amount equal to the tax from which such governmental entity is exempt. Should a distributor have a liability under this Code section, the distributor may elect to take a credit for those sales against such liability. (k) The prepaid local tax shall be imposed at the time tax is imposed under subparagraph (b)(2)(B) of Code Section 48-9-14."
SECTION 3. Said title is further amended by revising subsection (f) of Code Section 48-8-50, relating to compensation of dealers, as follows:
"(f) The deduction authorized under this Code section shall be combined with and calculated with the deductions authorized under Code Section 48-8-87, Code Section 48-8-104, Code Section 48-8-113, Code Section 48-8-204, 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,' and any other sales tax, use tax, or sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, by applying the deduction rate specified in this Code section against the combined total of all such taxes reported due on the same return."
SECTION 4. Said title is further amended by revising Code Section 48-8-82, relating to imposition of the joint county and municipal sales and use tax, as follows:
"48-8-82. When the imposition of a joint county and municipal sales and use tax is authorized according to the procedures provided in this article within a special district, the county whose geographical boundary is conterminous with that of the special district and each qualified municipality located wholly or partially within the special district shall levy a joint sales and use tax at the rate of 1 percent. Except as to rate, the joint tax shall correspond to the tax imposed and administered by Article 1 of this chapter. No item or transaction which is not subject to taxation by Article 1 of this chapter shall be subject to the tax levied pursuant to this article, except that the joint tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined by Code Section 48-9-2 paragraph (5.2) of Code Section 48-8-2 and shall be applicable to the sale of food and beverages only to the extent provided for in paragraph (57) of Code Section 48-8-3."

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SECTION 5. Said title is further amended by revising Code Section 48-8-87, relating to the administration and collection of the joint county and municipal sales and use tax, as follows:
"48-8-87. The tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of each county whose geographical boundary is conterminous with that of a special district and of each qualified municipality located wholly or partially therein. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter, except that the joint tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined by paragraph (5.2) of Code Section 48-8-2; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50."
SECTION 6. Said title is further amended by revising subsection (b) of Code Section 48-8-102, relating to the imposition of the homestead option sales and use tax, as follows:
"(b) When the imposition of a local sales and use tax is authorized according to the procedures provided in this article within a special district, the county whose geographical boundary is conterminous with that of the special district shall levy a local sales and use tax at the rate of 1 percent. Except as to rate, the local sales and use tax shall correspond to the tax imposed and administered by Article 1 of this chapter. No item or transaction which is not subject to taxation by Article 1 of this chapter shall be subject to the sales and use tax levied pursuant to this article, except that the sales and use tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined by Code Section 48-9-2 paragraph (5.2) of Code Section 48-8-2 and shall be applicable to the sale of food and beverages only to the extent provided for in paragraph (57) of Code Section 48-8-3."
SECTION 7. Said title is further amended by revising subsection (a) of Code Section 48-8-104, relating to the administration and manner of distribution of the homestead option sales and use tax, as follows:
"(a) The sales and use tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of each county whose geographical boundary is conterminous with that of a special district. Such administration and collection shall be accomplished in the same manner and subject to

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the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter except that the sales and use tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined by paragraph (5.2) of Code Section 48-8-2; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state. Dealers shall be allowed a percentage of the amount of the sales and use tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50."
SECTION 8. Said title is further amended by revising subsection (c) of Code Section 48-8-110.1, relating to imposition of the county special purpose local option sales and use tax, as follows:
"(c) Any tax imposed under this part shall be at the rate of 1 percent. Except as to rate, a tax imposed under this part shall correspond to the tax imposed by Article 1 of this chapter. No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this part, except that a tax imposed under this part shall apply to sales of motor fuels as prepaid local tax as that term is defined by Code Section 48-9-2 paragraph (5.2) of Code Section 48-8-2 and shall be applicable to the sale of food and beverages as provided for in division (57)(D)(i) of Code Section 48-8-3."
SECTION 9. Said title is further amended by revising Code Section 48-8-113, relating to the administration of the county special purpose local option sales and use tax, as follows:
"48-8-113. A tax levied pursuant to this part shall be exclusively administered and collected by the commissioner for the use and benefit of the county and qualified municipalities within such special district imposing the tax. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter except that the sales and use tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined by paragraph (5.2) of Code Section 48-8-2; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state; and provided, further, that the commissioner may rely upon a representation by or in behalf of the county and qualified municipalities within the special district or the Secretary of State that such a tax has been validly imposed, and the commissioner and the commissioner's agents shall not be liable to any person for collecting any such tax which was not validly imposed. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting,

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reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50."
SECTION 10. Said title is further amended by revising subparagraph (c)(1)(A) of Code Section 48-8201, relating to imposition of the municipal water and sewer projects and costs tax, as follows:
"(A) Sales of motor fuels as prepaid local tax as that term is defined by Code Section 48-9-2 paragraph (5.2) of Code Section 48-8-2;"
SECTION 11. Said title is further amended by revising Code Section 48-8-204, relating to administration and collection of the municipal water and sewer projects and costs tax, as follows:
"48-8-204. A tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of the municipality imposing the tax. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter except that the sales and use tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined by paragraph (5.2) of Code Section 48-8-2; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state; and provided, further, that the commissioner may rely upon a representation by or in behalf of the municipality or the Secretary of State that such a tax has been validly imposed, and the commissioner and the commissioner's agents shall not be liable to any person for collecting any such tax which was not validly imposed. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50."
SECTION 12. Said title is further amended by revising subsections (d), (e), and (f) of Code Section 489-9, relating to reports of motor fuel deliveries, as follows:
"(d)(1) Every person transporting motor fuel over the public highways or navigable waters of this state shall have in such person's possession an invoice, bill of sale, or other document which identifies: (A) The true name and address of the person from whom the motor fuel was received; (B) The number of gallons originally received;

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(C) The true name and address of every person who has received any part of the fuel; (D) The number of gallons delivered to such persons; and (E) The city or county and state of destination as represented to the transporter by the person who arranged the transportation. (2) Failure to produce such invoice, bill of sale, or other document when demanded or failure of a document produced upon demand to meet the requirements of this Code section shall be prima-facie evidence of a violation of this article. (3) The transporter shall leave a copy of the invoice, bill of lading, or other documentation with each person who receives the fuel into bulk storage for resale. (e) Delivery of motor fuel from a transport tank truck or vessel directly into the fuel tank of any motor vehicle in this state is prohibited except in cases of emergency. (f) Every person purchasing or otherwise acquiring motor fuel in bulk quantities for sale, use, or other disposition in this state who is not required to be licensed as a distributor by this article may be required to file by the twentieth day of each calendar month a report on forms prescribed by the commissioner to account for all such motor fuel acquired during the preceding calendar month. Every operator of a terminal who receives motor fuel in bulk for storage shall include on a report to the commissioner the names of all persons who are storing fuel in the terminal and the quantity received, stored, and delivered during the month on behalf of each such account. The report shall specify what portion of the deliveries recorded for each account were within the terminal to others and what portion was removed from the terminal facility via the loading rack. The report shall identify the city or county and state or country of destination of the deliveries as reflected on the bills of lading issued by the terminal operator."

SECTION 13. This Act shall become effective on January 1, 2008.

SECTION 14. All laws and parts of laws in conflict 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 Abrams Y Amerson Y Ashe Y Barnard E Bearden

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes
Ehrhart

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp

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E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B
Casas E Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H N Davis, S Y Day

Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman
Gardner Y Geisinger Y Glanton Y Golick
Gordon Y Graves Y Greene Y Hamilton 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 Jackson E Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston
Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V E Smyre E Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton
Teilhet Y Thomas, A.M Y Thomas, B E Tumlin Y Walker Y Watson Y Wilkinson E Willard Y Williams, A Y Williams, E Y Williams, M 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.

HB 457. By Representative Rice of the 51st:

A BILL to be entitled an Act to amend Code Section 40-2-60.1 of the Official Code of Georgia Annotated, relating to the administrative process for the issuance of special license plates, so as to provide for the Department of Revenue to process all applications for special license plates requested after July 1, 2007; to provide for minimum requirements; to provide for the commissioner of revenue to promulgate rules and regulations; 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:

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A BILL
To amend Code Section 40-2-60.1 of the Official Code of Georgia Annotated, relating to the administrative process for the issuance of special license plates, so as to provide for the Department of Revenue to process all applications for special license plates requested after July 1, 2007; to provide for minimum requirements; to provide for the commissioner of revenue to promulgate rules and regulations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 40-2-60.1 of the Official Code of Georgia Annotated, relating to the administrative process for the issuance of special license plates, is amended by revising it in its entirety to read as follows:
"40-2-60.1. (a) The General Assembly finds that in recent years numerous laws were enacted providing for the issuance of special license plates for certain persons and vehicles. The General Assembly finds that there exists a need for a standardized administrative process to provide for the authorization of issuance of such special license plates and that the public interest will be best served by such a standardized administrative process. While recognizing that the legislature may not abridge or delegate its powers, the General Assembly declares that it is in the public interest of this state for future proposals for special license plates to be governed by the administrative process established by this Code section rather than by the legislative process.
(b)(1) The General Assembly determines that the issuance of special license plates to support an agency, fund, or 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 the dedication of a portion of the funds raised from the issuance of these special license plates is in the best interests of the people of this state and is authorized by Article III, Section IX, Paragraph VI(n) of the Constitution. (2) The commissioner is authorized to adopt rules and regulations for the issuance of special license plates for groups of individuals and vehicles. All special license plates issued pursuant to this paragraph shall not be subject to the provisions of subsection (e) of this Code section. (c) As used in this Code section, the term: (1) 'Manufacturing fee' means a $25.00 fee paid at the time an application is submitted or upon the issuance of a special license plate. (2) 'Registration fee' means the fees as set forth in Code Section 40-2-151. (3) 'Special license plate' means a metal license plate that is authorized under this Code section that commemorates an event or supports an agency, fund, or program beneficial to the people of this state or is specifically authorized by the General Assembly for certain persons or vehicles.

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(4) 'Special license plate fee' means a $25.00 fee paid at the time a special license plate is issued. (5) 'Special license plate renewal fee' means a $25.00 fee paid at the time a special license plate is renewed and a revalidation decal is issued. (d) The agency, fund, or nonprofit corporation sponsoring a special license plate, in cooperation with the commissioner, shall design a special distinctive license plate appropriate to promote the program benefited by the issuance of the special license plate. Special license plates for groups of individuals and vehicles shall be readily recognizable by the insertion of an appropriate logo or graphic identifying the special nature of the license plate. All 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. Spaces for county name labels are required for license plates authorized under this Code section unless expressly eliminated by the request of the agency, fund, or nonprofit corporation sponsoring a special license plate at the time the license plate is designed. (e) Before the department disburses to the agency, fund, or nonprofit corporation funds from the issuance of special license plates, the agency, fund, or nonprofit corporation must provide a written statement stating the manner in which such funds will 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 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. (f) Notwithstanding the other provisions 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 department shall not utilize any graphic that is copyrighted unless a sponsoring organization has secured for the state the authority to utilize the copyrighted design at no cost to the state and the sponsoring organization has agreed to hold the state harmless against any related claim of copyright violation or infringement. 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

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subsection as a matter of law, and no person shall reproduce or otherwise use such design or designs, except as authorized by the commissioner. (g) Any Georgia resident who is the owner of a motor vehicle, except a commercial vehicle as defined in 49 C.F.R. Section 390.5, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and payment of the appropriate fees as set forth in this Code section in addition to the required motor vehicle registration fee, shall be able to apply for a special license plate as provided in this Code section. (h) After July 1, 2007, any party requesting a special license plate not previously authorized by this chapter shall make application with the department. The application shall include a design of the proposed license plate and a bond of $50,000.00 to serve as surety for moneys collected from applicants by the sponsor. The commissioner shall review and approve or disapprove all applications within 30 days of receipt by the department. Upon approval of the design by the commissioner, the special license plate authorized pursuant to this subsection shall not be issued except upon the receipt by the department of at least 1,000 applications together with the manufacturing fees within two years after the date of approval by the commissioner. 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 held by the department and the sponsor shall be refunded to applicants. (i) Upon the receipt of 1,000 applications together with manufacturing fees, the commissioner shall provide a letter of certification to the sponsor verifying that the sponsor has satisfied the requirements of the provisions of this Code section. Upon receipt of the letter of certification, the sponsor, if necessary, shall seek enactment of the appropriate legislation required to authorize manufacture of the special license plate. (j) The department shall not be required to continue to manufacture a special license plate or accept renewals and applications if the number of active registrations falls below 500 registrations at any time during a calendar year. A current registrant may continue to renew such special license plate during his or her annual registration period. The department may continue to issue such special license plates that it has in its inventory to assist in achieving the minimum number of registrations. If the number of active registrations for the special license plate falls below 500 at any time during a calendar year, the sponsoring agency, fund, or nonprofit corporation shall be required to obtain 1,000 applications accompanied by the manufacturing fee to continue to manufacture the special license plate. (k) Special license plates shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-80. (l) Special license plates shall be issued within 30 days of application once the requirements of this Code section have been met. (m) The commissioner is authorized and directed to establish procedures and promulgate rules and regulations to effectuate the purposes of this Code section. The rules and regulations to be promulgated by the commissioner may provide for

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exceptions whereby a special license plate will not be issued if the issuance of the plate would adversely affect public safety."

SECTION 2. This Act shall become effective on July 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 Abrams Y Amerson Y Ashe Y Barnard E Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas E Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H N Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Y Hudson Y Hugley Y Jackson E Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T
Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord
Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy
Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

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

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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.
HB 429. By Representatives Cooper of the 41st, Hudson of the 124th, Smith of the 70th and Manning of the 32nd:
A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to require physicians and health care providers to test pregnant women for HIV unless she specifically declines; to provide a short title; to inform the pregnant woman of the test to be conducted; to provide for documentation; to provide for rules and regulations; to provide for an exemption from counseling requirements; 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 31 of the Official Code of Georgia Annotated, relating to health, so as to require physicians and health care providers to test pregnant women for HIV unless she specifically declines; to provide a short title; to inform the pregnant woman of the test to be conducted; to provide for documentation; to provide for rules and regulations; to provide for an exemption from counseling requirements; 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 31 of the Official Code of Georgia Annotated, relating to health, is amended in Chapter 17, relating to control of venereal diseases, by inserting a new Code section to read as follows:
"31-17-4.2. (a) This Code section shall be known and may be cited as the 'Georgia HIV Pregnancy Screening Act of 2007.' (b) Every physician and health care provider who assumes responsibility for the prenatal care of pregnant women during gestation and at delivery shall be required to test pregnant women for HIV except in cases where the woman refuses the testing. (c) If at the time of delivery there is no written evidence that an HIV test has been performed, the physician or other health care provider in attendance at the delivery shall order that a sample of the woman's blood be taken or a rapid oral test administered at the time of the delivery except in cases where the woman refuses the testing.

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(d) The woman shall be informed of the test to be conducted and her right to refuse. A pregnant woman shall submit to an HIV test pursuant to this Code section unless she specifically declines. If the woman tests positive, counseling services provided by the Department of Human Resources shall be made available to her and she shall be referred to appropriate medical care providers for herself and her child. (e) If for any reason the pregnant woman is not tested for HIV, that fact shall be recorded in the patient's records, which, if based upon the refusal of the patient, shall relieve the physician or other health care provider of any other responsibility under this Code section. (f) The Department of Human Resources shall be authorized to promulgate rules and regulations for the purpose of administering the requirements under this Code section."
SECTION 2. Said title is further amended by revising subsection (c) of Code Section 31-22-9.2, relating to report of positive results of an HIV test, as follows:
"(c) Unless exempted under this Code section, each health care provider who orders an HIV test for any person shall do so only after counseling the person to be tested. Unless exempted under this subsection, the person to be tested shall have the opportunity to refuse the test. The provisions of this subsection shall not be required if the person is required to submit to an HIV test pursuant to Code Section 15-11-66.1, 17-10-15, 31-17-4.2, 31-17A-3, 42-5-52.1, or 42-9-42.1. The provisions of this subsection shall not be required if the person is a minor or incompetent and the parent or guardian thereof permits the test after compliance with this subsection. The provisions of this subsection shall not be required if the person is unconscious, temporarily incompetent, or comatose and the next of kin permits the test after compliance with this subsection. The provisions of this subsection shall not apply to emergency or life-threatening situations. The provisions of this subsection shall not apply if the physician ordering the test is of the opinion that the person to be tested is in such a medical or emotional state that disclosure of the test would be injurious to the person's health. The provisions of this subsection shall only be required prior to drawing the body fluids required for the HIV test and shall not be required for each test performed upon that fluid sample."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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E Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard
Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Burns Butler N Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H N Davis, S Y Day

Y Dempsey Y Dickson 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 N Franklin Y Frazier Y Freeman Y Gardner
Geisinger Y Glanton Y Golick Y Gordon N Graves Y Greene Y Hamilton Y Hanner
Harbin N Hatfield
Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

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

Y Martin Y Maxwell N May Y McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell Y Morgan Y Morris
Mosby Y Mumford Y Murphy N Neal Y Nix
Oliver O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice N Roberts Y Rogers Y Royal Y Rynders Sailor Scott, A

N Scott, M Y Sellier N Setzler
Shaw Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Walker Y Watson Y Wilkinson E Willard Y Williams, A Y Williams, E Y Williams, M 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.

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 366. By Representatives Bearden of the 68th, Meadows of the 5th and Tumlin of the 38th:

A BILL to be entitled an Act to amend Code Section 30-4-2, relating to right to equal public accommodations and to be accompanied by guide or service

MONDAY, MARCH 19, 2007

965

dog, so as to provide that every person engaged in the raising of a dog for training as a guide or service dog shall have the right to be accompanied by such dog in the same manner as a totally or partially blind, deaf, or physically disabled person under certain conditions; 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner
Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
Harbin Y Hatfield
Heard, J Y Heard, K N Heckstall Y Hembree
Henson Y Hill, C
Hill, C.A Y Holmes

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

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix
Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese
Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

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

On the passage of the Bill, the ayes were 164, nays 1.

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

The Speaker assumed the Chair.

HB 321. By Representatives Royal of the 171st and Roberts of the 154th:

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 change certain eligibility requirements with respect to conservation use assessment; to 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A
Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier
Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall
Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

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

MONDAY, MARCH 19, 2007

967

On the passage of the Bill, the ayes were 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Representative Carter of the 159th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following Resolutions of the House were read and adopted:
HR 529. By Representatives Richardson of the 19th, Chambers of the 81st, Collins of the 27th and Day of the 163rd:
A RESOLUTION honoring the Georgia State Patrol on its 70th anniversary; and for other purposes.
HR 537. By Representative Watson of the 91st:
A RESOLUTION commending Mrs. Mary Sallie Clark Hughes; and for other purposes.
HR 538. By Representative Watson of the 91st:
A RESOLUTION recognizing and commending Dekalb County District Attorney Gwendolyn Keyes Fleming; and for other purposes.
HR 539. By Representative Watson of the 91st:
A RESOLUTION recognizing and commending the 1967 State Champion Jesup High School baseball team; and for other purposes.
HR 540. By Representatives Collins of the 27th, Benton of the 31st, Rogers of the 26th and Mills of the 25th:
A RESOLUTION commending Lieutenant Gary Hatfield, Joel Vandiver, Ken Clark, Sterling Strickland, and Chris Boykin for saving the life of fellow firefighter Michael McKenney; and for other purposes.
HR 541. By Representative Wilkinson of the 52nd:
A RESOLUTION recognizing the Punchline Comedy Club on the occasion of its 25th anniversary; and for other purposes.

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HR 542. By Representatives Millar of the 79th, Henson of the 87th, Levitas of the 82nd, Benfield of the 85th, Jacobs of the 80th and others:
A RESOLUTION recognizing and commending educator Thomas Willis; and for other purposes.
HR 543. By Representative Williams of the 178th:
A RESOLUTION honoring the Wayne County Sports Hall of Fame Class of 2007; and for other purposes.
HR 544. By Representative Hudson of the 124th:
A RESOLUTION honoring and remembering the life of Mr. Clarence Clayborn "Clay" Chamblee III; and for other purposes.
HR 545. By Representative Cole of the 125th:
A RESOLUTION recognizing March 23, 2007 as "Boys & Girls Club Day in Georgia"; and for other purposes.
HR 546. By Representative Channell of the 116th:
A RESOLUTION congratulating Putnam County upon the occasion of the bicentennial of its founding; and for other purposes.
HR 547. By Representative Everson of the 106th:
A RESOLUTION commending John LaMattina; the Norton Elementary School Teacher of the Year; and for other purposes.
HR 548. By Representative Everson of the 106th:
A RESOLUTION commending Marti Ellwood, the 2006-2007 Pharr Elementary School Teacher of the Year; and for other purposes.
HR 549. By Representative Everson of the 106th:
A RESOLUTION commending Kris Caldwell, the 2006-2007 R.D. Head Elementary School Teacher of the Year; and for other purposes.
HR 550. By Representative Everson of the 106th:

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969

A RESOLUTION commending Mandy Gregory, the 2007 Centerville Elementary School Teacher of the Year; and for other purposes.
HR 551. By Representative Everson of the 106th:
A RESOLUTION commending Charles Kachmar, the 2006 - 2007 Grayson High School Teacher of the Year; and for other purposes.
HR 552. By Representative Everson of the 106th:
A RESOLUTION commending Brigette Britt, the 2007 Grayson Elementary School Teacher of the Year; and for other purposes.
HR 553. By Representative Bryant of the 160th:
A RESOLUTION commending Ms. Monique Jackson; and for other purposes.
HR 554. By Representatives Heard of the 114th, Smith of the 113th and McKillip of the 115th:
A RESOLUTION celebrating the life of Willie Howard McBride; and for other purposes.
HR 555. By Representatives Collins of the 27th, Benton of the 31st, Mills of the 25th and Rogers of the 26th:
A RESOLUTION commending Alan Fowler; and for other purposes.
HR 556. By Representative O`Neal of the 146th:
A RESOLUTION commending Miss Hannah Rachel Foor; and for other purposes.
HR 557. By Representative O`Neal of the 146th:
A RESOLUTION commending Mr. Walter John Victor, and for other purposes.
HR 558. By Representative O`Neal of the 146th:
A RESOLUTION recognizing and commending the Council on American Indian Concerns; and for other purposes.

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HR 559. By Representatives O`Neal of the 146th, Talton of the 145th, Black of the 174th, Shaw of the 176th and Carter of the 175th:
A RESOLUTION congratulating Amanda Kozak; and for other purposes.
HR 560. By Representatives Watson of the 91st, Sailor of the 93rd, Mangham of the 94th, Mosby of the 90th, Williams of the 89th and others:
A RESOLUTION honoring and commending Bishop Paul Sylvester Morton, Sr. for his 32 years of pastoring and his 40 years of ministering; and for other purposes.
HR 561. By Representatives Mills of the 25th, Rogers of the 26th, Collins of the 27th and Benton of the 31st:
A RESOLUTION recognizing Russell Vandiver; and for other purposes.
HR 562. By Representatives Mills of the 25th, Rogers of the 26th, Collins of the 27th and Benton of the 31st:
A RESOLUTION celebrating the 50th anniversary of Lake Lanier; and for other purposes.
HR 563. By Representative Coleman of the 97th:
A RESOLUTION recognizing and commending Ninth District Opportunity for being honored with the Center of Distinction award from the Georgia Department of Early Care and Learning; and for other purposes.
HR 564. By Representatives Day of the 163rd, Bryant of the 160th, Kaiser of the 59th, Stephens of the 164th and Parrish of the 156th:
A RESOLUTION honoring the life of Charles J. Hosti; and for other purposes.
HR 565. By Representative Stephens of the 164th:
A RESOLUTION honoring Mr. John McGlohon and Mrs. Mary Frances Dubberly McGlohon on the occasion of their fiftieth wedding anniversary; and for other purposes.
HR 566. By Representative Jamieson of the 28th:

MONDAY, MARCH 19, 2007

971

A RESOLUTION expressing regret at the passing of Janice Ann Dalton Freeman; and for other purposes.
HR 567. By Representatives Sims of the 169th, Porter of the 143rd, Hatfield of the 177th, Williams of the 178th, Smith of the 168th and others:
A RESOLUTION honoring and remembering the life of Dewey N. Hayes, Sr.; and for other purposes.
HR 568. By Representatives Butler of the 18th, Nix of the 69th and Bearden of the 68th:
A RESOLUTION congratulating the 2006-2007 University of West Georgia Coed Cheerleading Squad; and for other purposes.
HR 569. By Representatives Butler of the 18th, Nix of the 69th and Bearden of the 68th:
A RESOLUTION commending the State University of West Georgia Cheerleading Teams; and for other purposes.
HR 570. By Representatives Butler of the 18th, Nix of the 69th and Bearden of the 68th:
A RESOLUTION commending the University of West Georgia All-Girl Cheerleading Squad; and for other purposes.
HR 571. By Representatives Amerson of the 9th, Burkhalter of the 50th, Royal of the 171st, Lane of the 158th, Hamilton of the 23rd and others:
A RESOLUTION recognizing and commending the Dahlonega Gold Museum; and for other purposes.
HR 572. By Representative Jamieson of the 28th:
A RESOLUTION commending Benjamin Curtis Payne; and for other purposes.
HR 573. By Representatives Glanton of the 76th, Johnson of the 75th, Starr of the 78th and Sinkfield of the 60th:
A RESOLUTION commending the Clayton County 2006-2007 SRAR students and STAR teacher; and for other purposes.

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HR 574. By Representatives Fleming of the 117th, Harbin of the 118th and Sims of the 119th:
A RESOLUTION recognizing and commending Thomas A. Price on the occasion of his retirement; and for other purposes.
HR 575. By Representative Day of the 163rd:
A RESOLUTION recognizing Marshpoint Elementary School on its designation as a 2007 Georgia School of Excellence and commending its principal, Ms. Cindi Kobleur; and for other purposes.
HR 576. By Representatives Butler of the 18th, Nix of the 69th and Bearden of the 68th:
A RESOLUTION recognizing and commending the University of West Georgia Advocates Program; and for other purposes.
HR 577. By Representatives Holt of the 112th and Smith of the 113th:
A RESOLUTION celebrating the bicentennial anniversary of Morgan County; and for other purposes.
HR 578. By Representative Hudson of the 124th:
A RESOLUTION commending Tonya Powell, the 2008 Norris Elementary School Teacher of the Year; and for other purposes.
HR 579. By Representative Hudson of the 124th:
A RESOLUTION commending Head Coach Luther Welsh of the Thomson High School football team on the occasion of his 300th win; and for other purposes.
HR 580. By Representative Hudson of the 124th:
A RESOLUTION commending Sherika Warthen, the 2008 Crossroads Learning Center Teacher of the Year; and for other purposes.
HR 581. By Representative Hudson of the 124th:
A RESOLUTION expressing regret at the passing of James Preston "Jimmy" Hight; and for other purposes.

MONDAY, MARCH 19, 2007

973

HR 582. By Representatives Benton of the 31st and McCall of the 30th:
A RESOLUTION commending Lisa Dzimianski upon being named the 2007 Georgia Society winner of the Sons of the American Revolution Knight Essay Scholarship Contest; and for other purposes.
HR 583. By Representative Casas of the 103rd:
A RESOLUTION honoring the life and memory of Rev. Paul David Curtis; and for other purposes.
HR 584. By Representative Hudson of the 124th:
A RESOLUTION commending Becky Morlan, the 2008 J.A. Maxwell Elementary School Teacher of the Year; and for other purposes.
HR 585. By Representative Hudson of the 124th:
A RESOLUTION commending Beth Newsome, the 2008 Thomson Middle School Teacher of the Year; and for other purposes.
HR 586. By Representative Hudson of the 124th:
A RESOLUTION commending Kimberly Hunter, the 2008 Thomson Elementary School Teacher of the Year; and for other purposes.
HR 587. By Representative Hudson of the 124th:
A RESOLUTION commending Robin Dudley, the 2008 Thomson High School Teacher of the Year and McDuffie County School System Teacher of the Year; and for other purposes.
HR 588. By Representative Hudson of the 124th:
A RESOLUTION commending Christa Arrington, the 2008 Dearing Elementary School Teacher of the Year, and for other purposes.
HR 589. By Representative Bryant of the 160th:
A RESOLUTION commending the Savannah Arts Academy's Silver Winds Ensemble; and for other purposes.

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HR 590. By Representative Lunsford of the 110th:
A RESOLUTION commending the life of Reverend Clinton L. Melson for 40 years of outstanding service the ministry since 1967; and for other purposes.
HR 591. By Representatives Scott of the 153rd and Roberts of the 154th:
A RESOLUTION commending the Tift County High School Future Farmers of America biodiesel group; and for other purposes.
Representative Cooper of the 41st District, Chairman of the Special Committee on Certificate of Need, submitted the following report:
Mr. Speaker:
Your Special Committee on Certificate of Need 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 249 Do Pass, by Substitute HB 337 Do Pass
Respectfully submitted, /s/ Cooper of the 41st
Chairman
Representative Lewis of the 15th District, Chairman of the Committee on Energy, Utilities, and Telecommunications, submitted the following report:
Mr. Speaker:
Your Committee on Energy, 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 587 Do Pass, by Substitute
Respectfully submitted, /s/ Lewis of the 15th
Chairman

MONDAY, MARCH 19, 2007

975

Representative Cooper of the 41st District, Chairman of the Committee on Health and Human Services, submitted the following report:

Mr. Speaker:

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

HB 340 Do Pass, by Substitute HB 549 Do Pass, by Substitute

HB 628 Do Pass, by Substitute HB 655 Do Pass, by Substitute

Respectfully submitted, /s/ Cooper of the 41st
Chairman

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

Mr. Speaker:

Your Committee on Interstate Cooperation has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:

HR 273 Do Pass

Respectfully submitted, /s/ Forster of the 3rd
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 336 Do Pass, by Substitute

Respectfully submitted, /s/ Ralston of the 7th
Chairman

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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 Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 214 HB 527 HR 375

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

Respectfully submitted, /s/ Barnard of the 166th
Chairman

The Speaker announced the House in recess until 5:30 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.

TUESDAY, MARCH 20, 2007

977

Representative Hall, Atlanta, Georgia
Tuesday, March 20, 2007
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by Reverend Denise Beltzer, First Presbyterian Church of Marietta, Roswell, Georgia.
The members pledged allegiance to the flag.
Representative Lakly of the 72nd, 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 688. By Representative Hudson of the 124th:
A BILL to be entitled an Act to amend an act reconstituting the Board of Education of Hancock County, approved April 5, 1993 (Ga. L. 1993, p.

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4524), as amended, so as to change provisions relating to terms for the board members; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 689. By Representatives England of the 108th and Sheldon of the 105th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Auburn, approved February 17, 1949 (Ga. L. 1949, p. 807), as amended, particularly by an Act approved April 19, 1989 (Ga. L. 1989, p. 5011), so as to change the corporate boundaries of the city; to deannex certain property from the city; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 690. By Representative Houston of the 170th:
A BILL to be entitled an Act to repeal an Act providing that the judge of the Probate Court of Cook County shall serve as chief magistrate of the Magistrate Court of Cook County, approved March 12, 1984 (Ga. L. 1984, p. 4090), as amended, particularly by an Act approved March 25, 1996 (Ga. L. 1996, p. 3609), so as to provide for the election of the chief magistrate of the Magistrate Court of Cook County; to provide for the filling of vacancies; to provide for submission of the Act for preclearance; 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 - Local.
HB 691. By Representative Harbin of the 118th:
A BILL to be entitled an Act to amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Employees Retirement System of Georgia, so as to provide for creditable service for prior service as an employee of the Southeastern Boll Weevil Foundation; to provide for terms and conditions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.

TUESDAY, MARCH 20, 2007

979

HB 692. By Representatives Wilkinson of the 52nd, Knox of the 24th, Maxwell of the 17th and Meadows of the 5th:
A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services personnel, so as to provide for the establishment of a recognition program for schools and hospitals which provide training and certification in the use of automated external defibrillators by laypersons; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 693. By Representatives Nix of the 69th and Smith of the 70th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide for homestead exemptions from Heard County ad valorem taxes for county purposes and from Heard County School District ad valorem taxes for educational purposes for certain residents of that county and school district," approved April 13, 1992 (Ga. L. 1992, p. 6107), so as to increase the homestead exemption from school district taxes for citizens age 65 and older; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 694. By Representatives Nix of the 69th and Smith of the 70th:
A BILL to be entitled an Act to amend an Act entitled "An Act to create the Franklin-Heard County Water Authority," approved March 21, 1984 (Ga. L. 1984, p. 4613), as amended, so as to provide a quorum; to provide for a unanimous vote on any official action; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 695. 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 authorize the commissioner to issue warrants for the arrest of inmates; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on State Institutions & Property.
HB 696. By Representatives Roberts of the 154th and Morris of the 155th:
A BILL to be entitled an Act to provide a new charter for the City of Alamo; 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 administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 697. By Representatives Benton of the 31st and McCall of the 30th:
A BILL to be entitled an Act to amend an Act entitled "An Act to create a board of county commissioners for the county of Jackson," approved December 18, 1901 (Ga. L. 1901, p. 257), as amended, particularly by an Act approved March 16, 1999 (Ga. L. 1999, p. 3570), so as to change voting by the chairperson; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 698. By Representative Lewis of the 15th:
A BILL to be entitled an Act to authorize the City of Cartersville 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 Intragovernmental Coordination - Local.

TUESDAY, MARCH 20, 2007

981

HB 699. By Representative Day of the 163rd:
A BILL to be entitled an Act to create and establish the "Georgia Law Enforcement Tuition and Training Act"; to amend Article 3 of Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to traffic-control signal monitoring devices, so as to make substantial revisions to provisions relating to traffic-control signal monitoring devices; to provide regulation of the use of traffic-control signal monitoring devices by the Department of Public Safety; to create and establish the "Law Enforcement Tuition Trust Fund"; 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 700. By Representatives Williams of the 89th, Millar of the 79th, Benfield of the 85th, Oliver of the 83rd, Levitas of the 82nd 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 provide an exemption for certain constitutional officers regarding the Chief Executive's authority to enforce certain provisions regarding the county budget; to establish rules and regulate purchasing; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 701. By Representatives Tumlin of the 38th, Ehrhart of the 36th, Parsons of the 42nd, Jones of the 44th, Golick of the 34th 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 Intragovernmental Coordination - Local.
HB 702. By Representative Henson of the 87th:
A BILL to be entitled an Act to authorize the City of Pine Lake to exercise all redevelopment and other powers under Article IX, Section II, Paragraph

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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 Intragovernmental Coordination - Local.
HB 703. By Representatives Jordan of the 77th, Johnson of the 75th, Heckstall of the 62nd, Glanton of the 76th and Sinkfield of the 60th:
A BILL to be entitled an Act to amend an Act providing for the appointment of the chief magistrate of the Magistrate Court of Clayton County, approved March 21, 1984 (Ga. L. 1984, p. 4411), as amended, so as to provide for annual salary increases of the chief magistrate; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 704. By Representatives Jordan of the 77th, Heckstall of the 62nd, Johnson of the 75th and Sinkfield of the 60th:
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 May 5, 2006 (Ga. L. 2006, p. 4656), 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 Intragovernmental Coordination - Local.
HB 705. By Representatives Carter of the 159th and Burns of the 157th:
A BILL to be entitled an Act to create a board of elections and registration for Effingham 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 certain personnel; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

TUESDAY, MARCH 20, 2007

983

Referred to the Committee on Intragovernmental Coordination - Local.
HB 706. By Representatives Carter of the 159th and Burns of the 157th:
A BILL to be entitled an Act to abolish the elected office of county surveyor for Effingham County; to provide for the appointment of a county surveyor; to provide for a term of office; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 707. By Representative Dickson of the 6th:
A BILL to be entitled an Act to amend Code Section 47-3-89 of the Official Code of Georgia Annotated, relating to creditable service in the Teachers Retirement System of Georgia for service rendered in governmentally supported or operated schools other than public schools in Georgia and payments required to obtain credit for such service, so as to provide for such credit for prior service with an agency of another state; to provide for application and payment; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 708. By Representatives Maxwell of the 17th and Richardson of the 19th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Dallas in Paulding County, approved March 24, 1988 (Ga. L. 1988, p. 4121), as amended, so as to repeal provisions relating to the chief executive officer, city clerk, police chief, and removal of the city clerk or police chief; to provide for powers and duties of the mayor; to provide for administrative responsibilities of the city manager; to provide for the removal of the city manager; to provide for the appointment of a temporary city manager; to provide for duties and powers of the city manager; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 709. By Representative Harbin of the 118th:
A BILL to be entitled an Act to amend Article 1 of Chapter 29A of Title 33 of the Official Code of Georgia Annotated, relating to availability and assignment system relating to individual health insurance coverage, so as to

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provide for certain notices to persons who become eligible for COBRA coverage or who are receiving COBRA coverage; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 710. By Representatives Thomas of the 55th, Tumlin of the 38th, Hatfield of the 177th, Mangham of the 94th, Marin of the 96th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches with warrants, so as to change provisions relating to issuance of search warrants by judicial officers; to provide that no-knock warrants shall not be issued in this state except under limited 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 Non-Civil.
HB 711. By Representative Jordan of the 77th:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to enact a bill of rights for Georgia teachers; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 712. By Representatives Mangham of the 94th, Williams of the 89th, Watson of the 91st, Mosby of the 90th, Benfield of the 85th and others:
A BILL to be entitled an Act to provide for a nonbinding, advisory referendum for residents of the DeKalb County School System regarding whether school uniforms should be required by the DeKalb County Board of Education for students in kindergarten through ninth grades and subsequently phased in through grade 12; to provide for legislative purposes and findings; to provide for procedures and requirements relating thereto; to provide for a referendum; to provide for submission for preclearance; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 713. By Representative Holmes of the 61st:
A BILL to be entitled an Act to amend Code Section 36-60-17 of the Official Code of Georgia Annotated, relating to a prohibition against a water

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supplier's cut off of water to premises because of indebtedness of prior owner, occupant, or lessee, records required, and limited liens for unpaid charges for water, gas, sewerage service, or electricity, so as to change certain provisions relating to limited liens for unpaid charges for gas, sewerage service, or electricity; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 714. By Representative Holmes of the 61st:
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 that no subrecipient shall be considered an agent of the unit of local government or be indemnified or held harmless by the unit of local government for any negligence, misfeasance, or malfeasance of the subrecipient and that a recipient unit of local government shall not be liable for any expenditure of state grant funds by a subrecipient, regardless of when such funds were received; 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 715. By Representative Scott of the 153rd:
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.
HB 716. By Representative Scott of the 153rd:
A BILL to be entitled an Act to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that certain requests may be required to be in writing; to provide for 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.

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Referred to the Committee on Judiciary.
HB 717. By Representatives Thomas of the 100th, Porter of the 143rd, Buckner of the 130th, Benfield of the 85th, Drenner of the 86th and others:
A BILL to be entitled an Act to enact the "Fishermen's Right to Know Act"; to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to control of water pollution and surface water use, so as to require the posting of signs at locations where toxic pollutants are discharged from point sources into waters of the state; to provide for enforcement and penalties; to provide a short title; to provide legislative findings and declarations; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
HB 718. By Representative Holmes of the 61st:
A BILL to be entitled an Act to amend Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to licensing of mortgage lenders and mortgage brokers, so as to provide for authorization of mortgage loan officers; to provide for a definition; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Department of Banking and Finance; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Banks & Banking.
HB 719. By Representatives Forster of the 3rd, Coan of the 101st, Pruett of the 144th and Drenner of the 86th:
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 add a new chapter; to provide for legislative intent; to provide for definitions; to create a Division of Occupational Safety and Health; to provide for a director; to create a council; to provide for powers and duties; to provide for notice requirements; to provide for procedures for variances and temporary variances; to provide for an appeals procedure for aggrieved persons; to provide for violations and penalties; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industrial Relations.

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HB 720. By Representatives Holmes of the 61st and Brooks of the 63rd:
A BILL to be entitled an Act to amend Article 1 of Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury generally, so as to include title pawn transactions; to amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to change the laws relating to pawnbrokers; to change definitions; to provide for different treatment of title pawn transactions; to provide for reductions in interest and fees for title pawn transactions; to provide for notice; to provide for criminal and civil penalties; to change provisions relating to pawnbrokers liens; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Banks & Banking.
HB 721. By Representative Holmes of the 61st:
A BILL to be entitled an Act to amend Code Section 36-60-17 of the Official Code of Georgia Annotated, relating to a prohibition against a water supplier's cut off of water to premises because of indebtedness of prior owner, occupant, or lessee, records required, and limited liens for unpaid charges for water, gas, sewerage service, or electricity, so as to change certain provisions relating to limited liens for unpaid charges for gas, sewerage service, or electricity; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 722. By Representative Holmes of the 61st:
A BILL to be entitled an Act to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to motor vehicles and traffic, so as to require policies that prohibit law enforcement officers from impermissibly using race or ethnicity in determining whether to stop a motorist; to require annual training of law enforcement officers on impermissible uses of race and ethnicity in stopping vehicles; to require law enforcement officers to document the race, ethnicity, and gender of a motorist and passengers; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.

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HB 723. By Representative Hatfield of the 177th:
A BILL to be entitled an Act to amend an Act providing for the election of the members of the board of education for Charlton County, approved April 17, 1975 (Ga. L. 1975, p. 3952), as amended, so as to change provisions relating to board of education districts; to provide for members currently serving; to provide for submission of this Act to the United States Department of Justice; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 724. By Representative Hatfield of the 177th:
A BILL to be entitled an Act to amend an Act creating the board of commissioners for Charlton County, approved August 4, 1927 (Ga. L. 1927, p. 529), as amended, so as to change provisions relating to commissioner districts; to provide for members currently serving; to provide for submission of this Act to the United States Department of Justice; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 725. By Representatives Fludd of the 66th and Bruce of the 64th:
A BILL to be entitled an Act to amend an Act providing for the incorporation of the City of South Fulton in Fulton County, approved April 28, 2006 (Ga. L. 2006, p. 3856), so as to change provisions relating to the description of the territory to be included in the city; to correct a language error in the description; to change provisions relative to exclusion of territory within other municipal corporations; 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 - Local.
HR 531. By Representative Butler of the 18th:
A RESOLUTION dedicating the Ralph Lively Memorial Highway; and for other purposes.
Referred to the Committee on Transportation.

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HR 534. By Representative Lunsford of the 110th:
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 9-1-1 fee charged on prepaid wireless service subscriptions to the Emergency 9-1-1 Assistance Fund for certain purposes in order to save lives; to 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 Public Safety and Homeland Security.
HR 536. By Representatives Scott of the 2nd, Byrd of the 20th, Everson of the 106th, Davis of the 122nd, Crawford of the 16th and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the paramount right to life is vested in each human being from the moment of fertilization without regard to age, race, sex, health, function, or condition of dependency; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Judiciary.
HR 592. By Representative Holmes of the 61st:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to require local boards of education to reimburse the appropriate governing authority for expenses of certain elections for purposes of the board of education if such elections are not held at the same time as elections for purposes of the governing authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Governmental Affairs.
By unanimous consent, the rules were suspended in order that the following Resolution of the House could be read and referred to the Committee on Rules:
HR 595. By Representatives Richardson of the 19th, Burkhalter of the 50th, Keen of the 179th, Fleming of the 117th, Roberts of the 154th and others:
A RESOLUTION amending the Rules of the House of Representatives; and for other purposes.

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

HB 663 HB 664 HB 666 HB 668 HB 669 HB 670 HB 671 HB 672 HB 673 HB 674 HB 675 HB 676 HB 677 HB 678 HB 679 HB 680 HB 681 HB 682 HB 683 HB 684 HB 685 HB 686 HB 687

HR 509 HR 523 HR 524 HR 526 HR 527 SB 16 SB 46 SB 86 SB 88 SB 91 SB 98 SB 100 SB 101 SB 135 SB 147 SB 149 SB 157 SB 173 SB 188 SB 231 SR 263 SR 279

Representative Rynders of the 152nd District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

Your Committee on Intragovernmental Coordination - 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 533 HB 643 HB 644

Do Pass Do Pass Do Pass

HB 645 HB 657 HB 660

Do Pass Do Pass Do Pass

Respectfully submitted, /s/ Rynders of the 152nd
Chairman

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991

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 241 Do Pass, by Substitute HB 516 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:

HR 535 Do Pass The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR TUESDAY, MARCH 20, 2007

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 29th Legislative Day as enumerated below:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

HR 195 HR 321

Hospitality Highway; dedicate GA 400 (Trans-Amerson-9th) Edward Sidney "Dick" Chambers Memorial Highway; dedicate (Substitute)(Trans-Royal-171st)

DEBATE CALENDAR

Open Rule

HB 77

Motor vehicles; traffic-control signal monitoring devices; repeal provisions (Substitute)(MotV-Franklin-43rd)

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HB 109 HB 177 HB 218 HB 280 HB 318 HB 389 HB 408 HB 424 HB 505 HB 536 HR 351 HR 369 HR 370

County and municipality; consolidation; provisions (GAff-Black-174th) Historic sites; initial investigation; state archeologist; notice; require (Substitute)(NR&E-Scott-2nd) Georgia Ports Authority; employees; power of arrest; peace officers; require (Substitute)(PS&HS-Day-163rd) Controlled substances; sale of marijuana flavored products to minors; ban (Substitute)(C&Y-Manning-32nd) Public Retirement Systems Investment Authority Law; change certain provisions (Substitute)(Ret-Benton-31st) Public transportation; limousine carrier; change definition; provisions (EU&T-Lewis-15th) Insolvency funds exclusion; certain companies; provide exception (Substitute)(Ins-Knox-24th) Workers' compensation; claim filings; benefits; examinations; provisions (IndR-Coan-101st) Human Resources, Department of; adult day centers; licensure; authorize charge fees (HumR-Butler-18th) Vehicles and loads; fines for excess weight; provisions (Substitute)(TransFloyd-147th) Joint Study Committee on Fulton County; create (Substitute)(IGC-Lindsey54th) Baldwin, Charlton, Chatham, Coffee, and Columbia counties; convey property; authorize (SI&P-Barnard-166th) Bibb, Cobb, Dougherty, Mitchell and Troup Counties; lease property; authorize (SI&P-Barnard-166th)

Modified Open Rule

None

Modified Structured Rule

HB 229 HB 363 HB 487

Education lottery; book allowances; fee payments; impose certain limitations (App-Harbin-118th) HOPE grants; eligibility requirements; Georgia Military College students; provide (App-O`Neal-146th) Elections; primaries; voting; provisions (Substitute)(GAff-Scott-153rd)

Structured Rule

HB 186

Sales and use tax; certain alternative fuel facilities; five year exemption (Substitute)(W&M-Cole-125th)

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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 533. By Representatives Reese of the 98th, Cox of the 102nd, Everson of the 106th, Coleman of the 97th, Walker of the 107th and others:
A BILL to be entitled an Act to amend an Act authorizing Gwinnett County and the governing authority thereof to appoint a Merit System Board, approved April 18, 1969 (Ga. L. 1969, p. 3051), as amended, so as to comprehensively revise and restate such Act; to provide a short title; to provide definitions; to establish the Merit System Board and provide for its membership, qualifications, terms of office, compensation, removal, powers, duties, and responsibilities; to provide for meetings; to provide for officers and their duties; to provide for unclassified positions; to provide for certain hiring preferences; to prohibit certain activities by classified employees; to provide penalties for violations; to provide for oaths; 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 643. By Representatives Mills of the 25th and Rogers of the 26th:
A BILL to be entitled an Act to authorize the City of Oakwood 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.

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HB 644. By Representatives Mills of the 25th and Rogers of the 26th:
A BILL to be entitled an Act to provide a new charter for the City of Oakwood; 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, conflicts of interest, suspension, 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; to provide for the office of mayor and mayor pro tempore and certain duties and powers relative thereto; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for effective dates; 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 645. By Representatives Mills of the 25th and Rogers of the 26th:
A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in the City of Oakwood; 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 notes and other obligations of said district or districts; to provide for authorized contents of agreements and instruments of the board generally, use of proceeds of notes or other obligations, and subsequent issues of notes or other obligations; to provide for construction; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolution; to provide the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 657. By Representative Mitchell of the 88th:
A BILL to be entitled an Act to authorize the City of Stone Mountain 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

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O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

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

HB 660. By Representatives James of the 135th and Sellier of the 136th:

A BILL to be entitled an Act to create a board of elections and registration for Peach 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.

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 Abrams Y Amerson Y Ashe
Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant

Y Dempsey Y Dickson
Dollar Y Drenner Y Dukes
Ehrhart Y England
Epps Y Everson
Fleming E Floyd, H Y Floyd, J Y Fludd Y Forster

Y Holt Y Horne Y Houston Y Howard Y Hudson
Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T

Y Martin Y Maxwell Y May Y McCall Y McKillip
Meadows Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy

Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon
Shipp Y Sims, B Y Sims, C Y Sims, F
Sinkfield Smith, B Y Smith, L Y Smith, R Y Smith, T

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Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B
Casas Y Chambers Y Channell Y Cheokas
Coan Cole Y Coleman Y Collins Y Cooper Y Cox Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton
Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree E Henson
Hill, C Y Hill, C.A Y Holmes

Y Jones, J Y Jones, S
Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Lunsford Y Maddox Y Mangham Manning E Marin

Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish
Parsons Y Peake Y Porter Y Powell
Pruett E Ralston
Randall Y Reece Y Reese Y Rice
Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

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

On the passage of the Bills, the ayes were 137, 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:

SB 42. By Senators Harp of the 29th, Thomas of the 54th and Tolleson of the 20th:

A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the "Child Support Recovery Act," so as to authorize the Department of Human Resources to impose fees on child support collections; to provide for related matters; to repeal conflicting laws; and for other purposes.

SB 77. By Senators Williams of the 19th, Tolleson of the 20th, Pearson of the 51st, Whitehead, Sr. of the 24th, Bulloch of the 11th and others:

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A BILL to be entitled an Act to amend Code Section 40-2-88 of the Official Code of Georgia Annotated, relating to reciprocal agreements for registration of commercial vehicles on apportionment basis, so as to direct local tag agents to register vehicles under the International Registration Plan; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 106. By Senators Hamrick of the 30th, Harp of the 29th, Carter of the 13th, Reed of the 35th and Tolleson of the 20th:
A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds for good behavior, so as to extend the period for which the court may require a bond with a surety for good behavior; to repeal conflicting laws; and for other purposes.
SB 130. By Senators Grant of the 25th, Whitehead, Sr. of the 24th, Cowsert of the 46th, Douglas of the 17th and Pearson of the 51st:
A BILL to be entitled an Act to amend Chapter 10 of Title 2 of the O.C.G.A., relating to agricultural marketing facilities, organizations, and programs, so as to repeal Article 1, relating to the Georgia Building Authority (Markets); to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care facilities, so as to repeal Article 2, relating to the Georgia Building Authority (Hospital); to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to repeal Chapter 3, relating to the Georgia Building Authority (Penal); to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 152. By Senator Schaefer of the 50th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Clarkesville in the County of Habersham, approved April 9, 1981 (Ga. L. 1981, p. 4502), as amended, so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.
SB 161. By Senators Heath of the 31st, Murphy of the 27th, Stoner of the 6th and Schaefer of the 50th:
A BILL to be entitled an Act to amend Code Section 47-2-125 of the Official Code of Georgia Annotated, relating to reexamination of persons receiving disability benefits under the Employees Retirement System of Georgia, effect

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of refusal to undergo examination, and effect of ability to engage in gainful employment, so as to delete provisions providing for physical examinations done at a place convenient to the beneficiary; to provide that a beneficiary who has not reached the age of 60 shall submit to an examination; to provide that the disability retirement benefit of certain members shall be reduced by such amounts that the beneficiary receives from workers compensation; to repeal conflicting laws; and for other purposes.
SB 162. By Senators Heath of the 31st, Tate of the 38th, Murphy of the 27th, Schaefer of the 50th, Stoner of the 6th and others:
A BILL to be entitled an Act to amend Code Section 47-2-123 of the Official Code of Georgia Annotated, relating to allowance payable upon death, disability, or involuntary separation from employment, restrictions on separating from employment, and restrictions on entitlement to involuntary separation benefits, so as to provide that a person who becomes a member of the Employees Retirement System of Georgia on or after July 1, 2007, shall be entitled to a disability benefit based upon the actual years of creditable service he or she had attained on the date of retirement; to provide that no such person who is eligible for an equivalent service retirement shall be entitled to receive a disability allowance; to repeal conflicting laws; and for other purposes.
SB 165. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 2 of the Official Code of Georgia Annotated, relating to agricultural commodity commissions generally, so as to change certain provisions relating to ratification of commissions, governance by said chapter, and balloting to determine continued existence; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 168. By Senators Smith of the 52nd, Butler of the 55th, Moody of the 56th, Mullis of the 53rd, Seay of the 34th and others:
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 enact the "Deaf Child's Bill of Rights Act"; to provide for legislative findings; to provide for a definition; to require that a school system will take into account the specific communication needs of a deaf student; to provide for the explanation of options to the parent or guardian of a deaf student; to provide that a deaf student shall not be denied the opportunity for instruction in a particular

TUESDAY, MARCH 20, 2007

999

communication mode or language; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 170. By Senators Smith of the 52nd, Moody of the 56th, Mullis of the 53rd, Butler of the 55th, Seay of the 34th and others:
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 provide that American Sign Language can be used to fulfill the foreign language requirements for a college preparatory diploma for any student; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 175. By Senators Grant of the 25th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Code Section 45-9-1 of the O.C.G.A., relating to general provisions relative to insuring and indemnification of state officers and employees, so as to clarify the meaning of criminal action; to amend Part 12 of Article 4 of Chapter 3 of Title 46 of the O.C.G.A., relating to dissolution of electric membership corporations, so as to replace "Department of Administrative Services" with "Office of Treasury and Fiscal Services" where such term appears in certain Code sections; to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the O.C.G.A., relating to general authority, duties, and procedures for state purchasing, so as to modify certain duties and provisions relating to state purchasing; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 202. By Senator Rogers of the 21st:
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 revise and redesignate Article 7, relating to state-wide alert systems for missing disabled adults and for unapprehended murder or rape suspects, as new articles in Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation; to provide for editorial revisions; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 222. By Senators Grant of the 25th, Unterman of the 45th, Hooks of the 14th and Thomas of the 54th:
A BILL to be entitled an Act to amend Article 1 of Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to the "Georgia Registered

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Professional Nurse Practice Act," so as to revise the definition of "advanced practice registered nurse"; to revise language relating to the use of the title by a licensed registered nurse or advanced practice registered nurse; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 227. By Senator Schaefer of the 50th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Clarkesville in the County of Habersham, approved April 9, 1981 (Ga. L. 1981, p. 4502), as amended, so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.
SB 242. By Senator Mullis of the 53rd:
A BILL to be entitled an Act to provide a homestead exemption from Chattooga County ad valorem taxes for county purposes in percentages of the assessed value of the homestead based upon income for certain residents of that county who have annual incomes not exceeding $20,000.00 and 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.
SB 244. 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.
SB 247. By Senators Wiles of the 37th, Thompson of the 33rd, Rogers of the 21st, Stoner of the 6th and Hill of the 32nd:
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 1, 2006 (Ga. L. 2006, p. 3984), 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.
SB 248. By Senators Wiles of the 37th, Thompson of the 33rd, Rogers of the 21st, Stoner of the 6th and Hill of the 32nd:

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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, 2006 (Ga. L. 2006, p. 4276), so as to change the compensation of the solicitor-general; to change the provisions relating to the compensation of assistant solicitors; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 261. By Senator Johnson of the 1st:

A BILL to be entitled an Act to amend an Act providing a new charter for the City of Tybee Island, approved April 20, 1995 (Ga. L. 1995, p. 4462), so as to provide council terms and qualifications for office; to provide for continuation in office of the mayor and councilmembers and commencing of terms; to provide for a referendum; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 269. By Senator Chapman of the 3rd:

A BILL to be entitled an Act to amend an Act providing for a new charter for the City of St. Marys, Georgia, approved April 9, 1981 (Ga. L. 1981, p. 4763), as amended, so as to provide for certain declarations upon the vacancy of any elected office; 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 42. By Senators Harp of the 29th, Thomas of the 54th and Tolleson of the 20th:

A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the "Child Support Recovery Act," so as to authorize the Department of Human Resources to impose fees on child support collections; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 77.

By Senators Williams of the 19th, Tolleson of the 20th, Pearson of the 51st, Whitehead, Sr. of the 24th, Bulloch of the 11th and others:

A BILL to be entitled an Act to amend Code Section 40-2-88 of the Official Code of Georgia Annotated, relating to reciprocal agreements for registration

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of commercial vehicles on apportionment basis, so as to direct local tag agents to register vehicles under the International Registration Plan; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 106. By Senators Hamrick of the 30th, Harp of the 29th, Carter of the 13th, Reed of the 35th and Tolleson of the 20th:
A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds for good behavior, so as to extend the period for which the court may require a bond with a surety for good behavior; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 130. By Senators Grant of the 25th, Whitehead, Sr. of the 24th, Cowsert of the 46th, Douglas of the 17th and Pearson of the 51st:
A BILL to be entitled an Act to amend Chapter 10 of Title 2 of the O.C.G.A., relating to agricultural marketing facilities, organizations, and programs, so as to repeal Article 1, relating to the Georgia Building Authority (Markets); to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care facilities, so as to repeal Article 2, relating to the Georgia Building Authority (Hospital); to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to repeal Chapter 3, relating to the Georgia Building Authority (Penal); 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 152. By Senator Schaefer of the 50th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Clarkesville in the County of Habersham, approved April 9, 1981 (Ga. L. 1981, p. 4502), as amended, so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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SB 161. By Senators Heath of the 31st, Murphy of the 27th, Stoner of the 6th and Schaefer of the 50th:
A BILL to be entitled an Act to amend Code Section 47-2-125 of the Official Code of Georgia Annotated, relating to reexamination of persons receiving disability benefits under the Employees Retirement System of Georgia, effect of refusal to undergo examination, and effect of ability to engage in gainful employment, so as to delete provisions providing for physical examinations done at a place convenient to the beneficiary; to provide that a beneficiary who has not reached the age of 60 shall submit to an examination; to provide that the disability retirement benefit of certain members shall be reduced by such amounts that the beneficiary receives from workers compensation; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
SB 162. By Senators Heath of the 31st, Tate of the 38th, Murphy of the 27th, Schaefer of the 50th, Stoner of the 6th and others:
A BILL to be entitled an Act to amend Code Section 47-2-123 of the Official Code of Georgia Annotated, relating to allowance payable upon death, disability, or involuntary separation from employment, restrictions on separating from employment, and restrictions on entitlement to involuntary separation benefits, so as to provide that a person who becomes a member of the Employees Retirement System of Georgia on or after July 1, 2007, shall be entitled to a disability benefit based upon the actual years of creditable service he or she had attained on the date of retirement; to provide that no such person who is eligible for an equivalent service retirement shall be entitled to receive a disability allowance; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
SB 165. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 2 of the Official Code of Georgia Annotated, relating to agricultural commodity commissions generally, so as to change certain provisions relating to ratification of commissions, governance by said chapter, and balloting to determine continued existence; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.

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SB 168. By Senators Smith of the 52nd, Butler of the 55th, Moody of the 56th, Mullis of the 53rd, Seay of the 34th and others:
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 enact the "Deaf Child's Bill of Rights Act"; to provide for legislative findings; to provide for a definition; to require that a school system will take into account the specific communication needs of a deaf student; to provide for the explanation of options to the parent or guardian of a deaf student; to provide that a deaf student shall not be denied the opportunity for instruction in a particular communication mode or language; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
SB 170. By Senators Smith of the 52nd, Moody of the 56th, Mullis of the 53rd, Butler of the 55th, Seay of the 34th and others:
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 provide that American Sign Language can be used to fulfill the foreign language requirements for a college preparatory diploma for any student; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
SB 175. By Senators Grant of the 25th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Code Section 45-9-1 of the O.C.G.A., relating to general provisions relative to insuring and indemnification of state officers and employees, so as to clarify the meaning of criminal action; to amend Part 12 of Article 4 of Chapter 3 of Title 46 of the O.C.G.A., relating to dissolution of electric membership corporations, so as to replace "Department of Administrative Services" with "Office of Treasury and Fiscal Services" where such term appears in certain Code sections; to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the O.C.G.A., relating to general authority, duties, and procedures for state purchasing, so as to modify certain duties and provisions relating to state purchasing; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.

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SB 202. By Senator Rogers of the 21st:
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 revise and redesignate Article 7, relating to state-wide alert systems for missing disabled adults and for unapprehended murder or rape suspects, as new articles in Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation; to provide for editorial revisions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety and Homeland Security.
SB 222. By Senators Grant of the 25th, Unterman of the 45th, Hooks of the 14th and Thomas of the 54th:
A BILL to be entitled an Act 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 revise the definition of "advanced practice registered nurse"; to revise language relating to the use of the title by a licensed registered nurse or advanced practice registered nurse; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
SB 227. By Senator Schaefer of the 50th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Clarkesville in the County of Habersham, approved April 9, 1981 (Ga. L. 1981, p. 4502), as amended, so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 242. By Senator Mullis of the 53rd:
A BILL to be entitled an Act to provide a homestead exemption from Chattooga County ad valorem taxes for county purposes in percentages of the assessed value of the homestead based upon income for certain residents of that county who have annual incomes not exceeding $20,000.00 and 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

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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 Intragovernmental Coordination - Local.
SB 244. 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.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 247. By Senators Wiles of the 37th, Thompson of the 33rd, Rogers of the 21st, Stoner of the 6th and Hill of the 32nd:
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 1, 2006 (Ga. L. 2006, p. 3984), 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 Intragovernmental Coordination - Local.
SB 248. By Senators Wiles of the 37th, Thompson of the 33rd, Rogers of the 21st, Stoner of the 6th and Hill of the 32nd:
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, 2006 (Ga. L. 2006, p. 4276), 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 Intragovernmental Coordination - Local.
SB 261. By Senator Johnson of the 1st:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Tybee Island, approved April 20, 1995 (Ga. L. 1995, p. 4462), so as

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to provide council terms and qualifications for office; to provide for continuation in office of the mayor and councilmembers and commencing of terms; to provide for a referendum; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 269. By Senator Chapman of the 3rd:
A BILL to be entitled an Act to amend an Act providing for a new charter for the City of St. Marys, Georgia, approved April 9, 1981 (Ga. L. 1981, p. 4763), as amended, so as to provide for certain declarations upon the vacancy of any elected office; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
The following members were recognized during the period of Morning Orders and addressed the House:
Sims of the 169th, Randall of the 138th, Mangham of the 94th, Royal of the 171st, Manning of the 32nd, McCall of the 30th, and Rynders of the 152nd.
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 535. By Representatives O`Neal of the 146th, Talton of the 145th, Black of the 174th, Shaw of the 176th and Carter of the 175th:
A RESOLUTION inviting Amanda Kozak, Miss Georgia 2006, 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 593. By Representatives Hembree of the 67th, Smith of the 113th, Shaw of the 176th, Smith of the 168th and Hatfield of the 177th:
A RESOLUTION commending Kayla Chaney and inviting her to appear before the House of Representatives; and for other purposes.
HR 594. By Representatives Hembree of the 67th, Smith of the 113th, Morris of the 155th and Barnard of the 166th:

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A RESOLUTION commending Paul Graham 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 218. By Representative Day of the 163rd:
A BILL to be entitled an Act to amend Code Section 52-2-10 of the Official Code of Georgia Annotated, relating to the application of traffic laws and enforcement by security guards employed with the Georgia Ports Authority, so as to require that those employees of the authority who are authorized to exercise the powers of arrest shall be certified peace officers subject to the Georgia Peace Officer Standards and Training Council; 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 52 of the Official Code of Georgia Annotated, relating to the Georgia Ports Authority, so as to change certain provisions for the application of traffic laws and enforcement by security guards employed with the Georgia Ports Authority; to change the designation of security guard to peace officer; to require that those employees of the authority who are authorized to exercise the powers of arrest shall be certified peace officers subject to the Georgia Peace Officer Standards and Training Council; 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 52 of the Official Code of Georgia Annotated, relating to the Georgia Ports Authority, is amended by revising Code Section 52-2-10, relating to the application of traffic laws and enforcement by security guards employed with the Georgia Ports Authority, as follows:
"52-2-10. (a)(1) The motor vehicle traffic laws for this state shall apply to all roads within the jurisdiction of the Georgia Ports Authority; provided, however, that the authority may determine and declare reasonable, safe, and lawful speed limits on all roads within its jurisdiction.

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(2) Those regular employees of the Georgia Ports Authority designated as security guards peace officers shall have the power to arrest for traffic offenses committed on any property under the jurisdiction of the Georgia Ports Authority. (3) Such arrest may be effected by issuance of a citation, provided the offense is committed in the presence of the arresting security guard peace officer. (4) A citation issued by a security guard peace officer shall enumerate the specific charges against the offender and the date on which the offender is to appear and answer the charges. (5) If the offender fails to appear as specified in the citation, the judge having jurisdiction of the offense may issue a warrant ordering the apprehension of such person and commanding that he or she be brought before the court to answer the charges contained in the citation and the charge of his or her failure to appear as required. The person shall be allowed to make a reasonable bond to appear on a given date before the court. (6) Security guards Peace officers shall be subject to Chapter 13 of Title 40, relating to uniform traffic citation and complaint forms. (b) Security guards Peace officers of the Georgia Ports Authority may arrest for violations of dock related city ordinances where applicable. (c) All powers of arrest granted in this Code section shall exist only on property under the jurisdiction of the Georgia Ports Authority or while in hot pursuit of one whom the security guard peace officer observed commit an offense within the jurisdiction of the authority as provided in subsections (a) and (b) of this Code section. (d) All offenders apprehended for offenses committed within the jurisdiction of the Georgia Ports Authority shall be tried by the appropriate city, county, or state tribunal. (e) Regular employees All peace officers of the Georgia Ports Authority designated as security guards shall not be subject to the requirements of Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' nor shall said guards be subject to Chapter 38 of Title 43, the 'Georgia Private Detective and Security Agencies Act.' (f) While in the performance of their duties, those regular employees peace officers of the Georgia Ports Authority designated as investigators or Georgia certified peace officers shall have the same powers of arrest and the same powers to enforce law and order as the sheriff of the county and the chief of police of the county or municipality in this state wherein any such investigator or Georgia certified peace officer is performing his or her duty. While in the performance of their duties, any such investigators or Georgia certified peace officers shall be authorized to exercise such powers and duties as are authorized by law for members of the Uniform Division of the Department of Public Safety. Such investigators or Georgia certified peace officers shall be subject to the requirements of Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' and are specifically required to complete the training required for peace officers by that chapter. (g) While in the performance of their duties, those regular employees peace officers of the Georgia Ports Authority designated as investigators or certified peace officers of the State of Georgia shall have the right to issue citations to vehicles parked in areas not

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specifically designated for the parking of vehicles while on the properties of the Georgia Ports Authority's terminals. The issuance of any such parking citation shall require the person who parked said vehicle to respond by the payment of a fine in the amount of $25.00 or by appearing in the court which handles misdemeanor traffic offenses for the county in which the terminal is located, in which event the amount of the fine shall be fixed at the discretion of the judge of said court, but in no event shall the fine exceed $25.00. In addition to the right to issue parking citations, those regular employees peace officers of the Georgia Ports Authority designated as investigators or certified peace officers of the State of Georgia shall have the right to remove improperly parked cars or vehicles in accordance with the provisions of Code Section 44-1-13."

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B
Casas Y Chambers

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner
Geisinger Y Glanton E Golick Y Gordon Y Graves

Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S
Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly

Martin Y Maxwell Y May
McCall Y McKillip Y Meadows Y Millar
Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter

Y Scott, M Y Sellier
Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C
Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stanley-Turner Y Starr Y Stephens
Stephenson Y Talton Y Teilhet
Thomas, A.M

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Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

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

Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas
Lunsford Y Maddox Y Mangham Y Manning E Marin

Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Thomas, B Y Tumlin Y Walker
Watson Y Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, M 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.

Representatives Hatfield of the 177th, Sims of the 151st, 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 389. By Representatives Lewis of the 15th, Ehrhart of the 36th and Levitas of the 82nd:

A BILL to be entitled an Act to amend Title 46 of the O.C.G.A., relating to public utilities and public transportation, so as to change the definition of motor common carrier and limousine carrier; to provide that the Public Service Commission is not authorized to set, adjust, or change rates or charges for transportation of passengers or property by certain vehicles managed or operated by a limousine carrier; to provide that any existing tariff regulating such rates or charges is void; to provide for inclusion of the motor carrier authorization number in any advertising for a limousine carrier; to require commercial liability and indemnity insurance for limousine carriers; to provide for enforcement of such advertising and insurance requirements; to provide that the provisions and powers of the Public Service Commission relating to limousines shall apply to all vehicles of specified types that are managed or operated by limousine carriers; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

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Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B
Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner
Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin
Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree Y Henson Y Hill, C
Hill, C.A Y Holmes

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

Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver
O'Neal Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

Representatives Hatfield of the 177th, Sims of the 151st, 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 Yates of the 73rd District, Chairman of the Committee on Defense and Veterans Affairs, submitted the following report:

Mr. Speaker:

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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 523 Do Pass
Respectfully submitted, /s/ Yates of the 73rd
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 419 Do Pass
Respectfully submitted, /s/ Ralston of the 7th
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 424. By Representatives Coan of the 101st, Reese of the 98th, Hamilton of the 23rd, Cox of the 102nd, Carter of the 159th 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, to provide for the dismissal of certain claims in which no hearing has been held after a certain time period; to increase the weekly wage amounts for compensation for total disability; to increase the maximum weekly benefit for compensation for temporary partial disability; 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.

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

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B
Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

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

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp
Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stanley-Turner Y Starr
Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, M 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 280. By Representatives Manning of the 32nd, Johnson of the 37th, Tumlin of the 38th, Teilhet of the 40th, Mumford of the 95th and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, so as to present legislative findings; to define terms; to ban the sale of marijuana flavored products to minors; to provide for a penalty; to

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1015

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 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, so as to present legislative findings; to define terms; to ban the sale of marijuana flavored products to minors; to provide for a penalty; 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 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, is amended by inserting a new Code section to read as follows:
"16-13-30.6. (a) As used in this Code section, the term:
(1) 'Marijuana flavored product' means any product, including lollipops, gumdrops, or other candy, which is flavored to taste like marijuana or hemp. The term shall include, but is not limited to, 'Chronic Candy,' 'Kronic Kandy,' or 'Pot Suckers.' (2) 'Minor' means any unmarried person under the age of 18 years. (3) 'Person' means any natural person, individual, corporation, unincorporated association, proprietorship, firm, partnership, limited liability company, joint venture, joint stock association, or other entity or business organization of any kind. (b) The General Assembly finds and determines that: (1) According to the '2004 Monitoring the Future Study' conducted by the University of Michigan, 16.3 percent of eighth graders, 35.1 percent of tenth graders, and 45.7 percent of twelfth graders reported using marijuana at least once during their lifetimes; (2) According to a 2002 Substance Abuse and Mental Health Service Administration report, 'Initiation of Marijuana Use: Trends, Patterns and Implications,' the younger children are when they first use marijuana, the more likely they are to use cocaine and heroin and become drug dependent as adults; (3) Marijuana abuse is associated with many negative health effects, including frequent respiratory infections, impaired memory and learning, increased heart rate, anxiety, and panic attacks; (4) Marijuana users have many of the same respiratory problems that are associated with tobacco use;

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(5) According to the '2001 National Household Survey on Drug Abuse,' marijuana is the nation's most commonly used illicit drug, and more than 83,000,000 Americans aged 12 and older have tried marijuana at least once; (6) Use of marijuana has been shown to lower test scores among high school students, and workers who smoke marijuana are more likely to have problems on their jobs; (7) Federal, state, and local governments spend millions of dollars annually on programs educating people about the hazards of drugs, and the marketing of marijuana flavored substances would have an adverse impact upon these programs; (8) The sale of marijuana flavored products, including lollipops and gum drops, which claim 'every lick is like taking a hit' is a marketing ploy that perpetuates an unhealthy culture and should not be permitted in the State of Georgia; (9) Marijuana flavored products are a threat to minors in the State of Georgia because such products give the false impression that marijuana is fun and safe; (10) Marijuana flavored products packaged as candy or lollipops falling into the hands of unsuspecting minors may serve as a gateway to future use of marijuana and other drugs; and (11) Merchants who sell marijuana flavored products are promoting marijuana use and creating new customers for drug dealers in the State of Georgia. Therefore, the purpose of this law is to prohibit the purchase and sale of marijuana flavored products to minors in the State of Georgia. (c) It shall be unlawful for any person knowingly to sell, deliver, distribute, or provide to a minor or knowingly possess with intent to sell, deliver, distribute, or provide to a minor any marijuana flavored product in the State of Georgia. (d) It shall be unlawful for any minor falsely to represent to any person that such minor is 18 years of age or older with the intent to purchase or otherwise obtain any marijuana flavored product. (e) Any person who violates subsection (c) of this Code section shall be subject to a fine of $1,000.00 for each offense. Each sale in violation of this Code section shall constitute a separate offense."
SECTION 2. This Act shall become effective on July 1, 2007, and shall apply to offenses committed 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:

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1017

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard N Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce N Bryant Y Buckner Y Burkhalter Y Burns Y Butler N Byrd Y Carter, A Y Carter, B
Casas Y Chambers Y Channell Y Cheokas
Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H N Davis, S Y Day

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J
Fludd Forster N Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon N Graves Y Greene Y Hamilton Y Hanner Y Harbin N Hatfield N Heard, J Y Heard, K Heckstall Y Hembree Y Henson N Hill, C Y Hill, C.A Y Holmes

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

Y Martin Maxwell
N May Y McCall N McKillip N Meadows
Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter
Powell Y Pruett Y Ralston
Randall Y Reece N Reese Y Rice N Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the passage of the Bill, by substitute, the ayes were 133, nays 26.

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.

HB 229. By Representatives Harbin of the 118th, Hembree of the 67th and Smith of the 113th:

A BILL to be entitled an Act to amend Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions

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relating to the lottery for education, so as to impose certain limitations on book allowances and mandatory fee payments under certain circumstances; 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B
Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas 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 Y McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston
Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

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1019

HB 408. By Representative Knox of the 24th:
A BILL to be entitled an Act to amend Code Section 33-41-20 of the Official Code of Georgia Annotated, relating to exclusion from insolvency funds, so as to provide for an exception for companies that have reorganized under Chapter 13A of Title 33; to provide for certain contingency and effective dates; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 41 of Title 33 of the Official Code of Georgia Annotated, relating to captive insurance companies, so as to provide that every association and industrial insured captive insurance company issuing workers compensation insurance contracts shall be permitted to join and receive benefits from the Georgia Insurers Insolvency Pool; 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 41 of Title 33 of the Official Code of Georgia Annotated, relating to captive insurance companies, is amended by revising subsection (a) of Code Section 33-41-20, relating to exclusion from insolvency funds, as follows:
"(a)(1) No captive insurance company other than an association or industrial insured captive insurance company issuing workers compensation insurance contracts shall be permitted to join or contribute financially to the Georgia Insurers Insolvency Pool under Chapter 36 of this title or any other plan, pool, or association guaranty or insolvency fund in this state nor shall any. Other than an association or industrial insured captive insurance company issuing workers compensation insurance contracts, no captive insurance company, or its insureds or claimants against its insureds, nor its parent or any affiliated company shall receive any benefit from the Georgia Insurers Insolvency Pool or any other plan, pool, or association guaranty or insolvency fund for claims arising out of the operations of such captive insurance company. (2) No captive insurance company shall be required to participate in any FAIR Plan established and maintained in this state under Chapter 33 of this title. (3) No captive insurance company shall be required to participate in any joint underwriting association established and maintained in this state under Chapter 9 of this title."
SECTION 2. Said chapter is further amended by adding a new Code section to read as follows:

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"33-41-20.1. (a) On and after January 1, 2008, every association and industrial insured captive insurance company issuing workers compensation insurance contracts shall become a member of the Georgia Insurers Insolvency Pool under Chapter 36 of this title as to workers compensation only. Such captive insurance companies shall be liable for assessments pursuant to Code Section 33-36-7 and for all other obligations imposed pursuant to Chapter 36 of this title as to workers compensation only. (b) The Georgia Insurers Insolvency Pool shall not be liable for any claims incurred by any captive insurance company before January 1, 2008."

SECTION 3. This Act shall become effective on January 1, 2008.

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant
Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B
Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole

Y Dempsey Y Dickson 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 Frazier Y Freeman
Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall

Y Scott, M Y Sellier Y Setzler Y Shaw E Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F
Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stanley-Turner Y Starr Y Stephens
Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Watson

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1021

Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A Y Holmes

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

Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor
Scott, A

Y Wilkinson Y Willard
Williams, A Y Williams, E Y Williams, M 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.

HB 186. By Representatives Cole of the 125th, O`Neal of the 146th, Smith of the 129th, Golick of the 34th, Maddox of the 172nd 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 a five-year exemption regarding the sale of tangible personal property to, or used in or for the construction of, a new alternative fuel facility dedicated exclusively to the processing and production of ethanol, biodiesel, and butanol; to provide for definitions; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and withdrawn:

A BILL

To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for a five-year exemption regarding the sale of tangible personal property to, or used in or for the construction of, a new alternative fuel facility dedicated exclusively to the processing and production of ethanol, biodiesel, and butanol; to provide for definitions; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

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Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, is amended by adding a new paragraph as follows:
"(34.4)(A) Notwithstanding any provision of Code Section 48-8-63 to the contrary, sales of tangible personal property to, or used in or for the construction of, a new alternative fuel facility dedicated exclusively to the production and processing of ethanol, biodiesel, and butanol, when such fuels are derived from biomass materials such as agricultural products, or from animal fats, or the wastes of such products or fats that are intended to be produced in this state. (B) As used in this paragraph, the term:
(i) 'Alternative fuel facility' means any new facility located in this state which is dedicated exclusively to the production and processing of ethanol, biodiesel, and butanol for sale where construction has begun on or after the effective date of this paragraph. (ii) 'Used in or for the construction' means any tangible personal property incorporated into a new alternative fuel facility that loses its character of tangible personal property. Such term does not mean tangible personal property that is temporary in nature, leased or rented, tools, or other items not incorporated into the facility. (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 an exemption certificate issued by the commissioner certifying that the purchaser is entitled to purchase the tangible personal property without payment of tax. (D) Any corporation, partnership, limited liability company, or any other entity or person that qualifies for this exemption must conduct at least a majority of its business with entities or persons with which it has no affiliation. (E) The exemption provided for under subparagraph (A) of this paragraph shall not apply to sales of tangible personal property that occur after the production and processing of biodiesel, ethanol, or butanol has begun at the alternative fuel facility. (F) The exemption provided for under subparagraph (A) of this paragraph shall apply only to sales occurring during the period July 1, 2007 through June 30, 2009. (G) The commissioner shall promulgate any rules and regulations necessary to implement and administer this paragraph."
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.

TUESDAY, MARCH 20, 2007

1023

The following substitute, offered by the Committee on Rules, was read and adopted:
A BILL
To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for a temporary exemption regarding the sale of tangible personal property to, or used in or for the construction of, a new alternative fuel facility primarily dedicated to the processing and production of ethanol, biodiesel, and butanol; to provide for definitions; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
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 as follows:
"(34.4)(A) Notwithstanding any provision of Code Section 48-8-63 to the contrary, sales of tangible personal property to, or used in or for the construction of, a new alternative fuel facility primarily dedicated to the production and processing of ethanol, biodiesel, butanol, and their by-products, when such fuels are derived from biomass materials such as agricultural products, or from animal fats, or the wastes of such products or fats. (B) As used in this paragraph, the term:
(i) 'Alternative fuel facility' means any new facility located in this state which is primarily dedicated to the production and processing of ethanol, biodiesel, butanol, and their by-products for sale. (ii) 'Used in or for the construction' means any tangible personal property incorporated into a new alternative fuel facility that loses its character of tangible personal property. Such term does not mean tangible personal property that is temporary in nature, leased or rented, tools, or other items not incorporated into the facility. (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 an exemption certificate issued by the commissioner certifying that the purchaser is entitled to purchase the tangible personal property without payment of tax. (D) Any corporation, partnership, limited liability company, or any other entity or person that qualifies for this exemption must conduct at least a majority of its business with entities or persons with which it has no affiliation. (E) The exemption provided for under subparagraph (A) of this paragraph shall not apply to sales of tangible personal property that occur after the production and

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processing of biodiesel, ethanol, butanol, and their by-products has begun at the alternative fuel facility. (F) The exemption provided for under subparagraph (A) of this paragraph shall apply only to sales occurring during the period January 1, 2007, through June 30, 2009. (G) The commissioner shall promulgate any rules and regulations necessary to implement and administer this paragraph."

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns Y Butler
Byrd Y Carter, A Y Carter, B
Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
Harbin Y Hatfield
Heard, J

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese

Y Scott, M Y Sellier Y Setzler Y Shaw E Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F
Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stanley-Turner Y Starr Y Stephens
Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Watson Y Wilkinson Y Willard

TUESDAY, MARCH 20, 2007

1025

Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

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

Y Loudermilk Lucas Lunsford
Y Maddox Y Mangham Y Manning E Marin

Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Williams, A Y Williams, E Y Williams, M Y Williams, R
Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 155, nays 0.

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

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 363. By Representatives O`Neal of the 146th and Harbin of the 118th:

A BILL to be entitled an Act to amend Code Section 20-3-519.5 of the Official Code of Georgia Annotated, relating to eligibility requirements for a HOPE grant at a branch of the Georgia Department of Technical and Adult Education, so as to provide that students at Georgia Military College shall be eligible for HOPE grants; 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser

Y Martin Y Maxwell Y May
McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy
Neal Y Nix Y Oliver Y O'Neal

Y Scott, M Y Sellier Y Setzler Y Shaw E Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stanley-Turner Y Starr

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Y Byrd Y Carter, A Y Carter, B
Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham Y Manning E Marin

Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Stephens Stephenson
Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Watson Y Wilkinson Y Willard
Williams, A Y Williams, E Y Williams, M 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.

HR 195. By Representatives Amerson of the 9th, Burkhalter of the 50th, Jones of the 46th, Hamilton of the 23rd, Knox of the 24th and others:

A RESOLUTION dedicating GA 400 as the Hospitality Highway; and for other purposes.

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

HR 321. By Representative Royal of the 171st:

A RESOLUTION dedicating the Edward Sidney "Dick" Chambers Memorial Highway; and for other purposes.

The following Committee substitute was read and adopted:

A RESOLUTION

Dedicating certain portions of the state highway system; and for other purposes.

PART I WHEREAS, Dick Chambers was born January 13, 1924, in Colquitt County to Nellie Alderman Chambers Wilson and John Jovus Chambers; and

TUESDAY, MARCH 20, 2007

1027

WHEREAS, he was a retired quality control manager for Bridgeport Brass Company and he served as the Mayor of Funston for 49 years; and
WHEREAS, Mayor Chambers was a WWII veteran and was an ammunition bearer for a machine gun squadron that fought in Europe from December 1944 through July 1945 as part of Company G, 38th Infantry; he received the Bronze Star, the Good Conduct Medal, and many other awards for his distinguished service; and
WHEREAS, he was a life-long member of the Funston First United Methodist Church where he served as trustee, steward, and chairman of the board, and he also served on the board of the Southwest Georgia Rural Development Board in Camilla, Georgia; and
WHEREAS, Mayor Chambers was most proud of the creation of the volunteer fire department, the installation of the water system in Funston, and the construction of a new city hall; and
WHEREAS, he was married to Bettie Fisher Chambers and they had two children, seven grandchildren, and four great-grandchildren; and
WHEREAS, he was a kind and gentle soul who loved to travel and spend time with his friends and family.
PART II WHEREAS, SGT David Samuel Collins was stationed out of Fort Campbell, Kentucky, serving in Iraq and was a member of the United States Army's 101st Airborne Division, 1st Battalion, 506th Infantry Regiment, and 4th Brigade Combat Team; and
WHEREAS, he lost his life in Iraq on April 9, 2006, while bravely serving his country; and
WHEREAS, SGT Collins was 24 years old at the time of his death; and
WHEREAS, he grew up just beyond the intersection of SR 515 and Philadelphia Road in Pickens County; and
WHEREAS, SGT Collins is survived by his wife, Mara, two young children, James and Elizabeth, and his parents, Sammy Collins and Lynn Dean; and
WHEREAS, this courageous soldier, an American patriot, volunteered to confront the dangers, privations, and discomforts of wartime service and, in the name of humanity, strove to keep the peace in Iraq with fortitude and steadfast resolve, making us, as a nation, truly proud; and

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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, securing the blessings of liberty for this nation and other peoples of the world.
PART III WHEREAS, Ed Echols was born in Forsyth County, Georgia, on December 28, 1913; and
WHEREAS, he was an entrepreneur who owned the Bishop Brothers Auto Auction and founded Echols Brothers House Movers; and
WHEREAS, he served three terms as a county commissioner for Clayton County, Georgia, and was a board member of the Clayton County Water Authority; and
WHEREAS, Mr. Echols was a farmer and rancher in Henry County commencing in 1943 and was the owner of the Echols Dairy Farm from 1951 to 1973; and
WHEREAS, he was a member of the Board of Trustees for the Salem Baptist Church; and
WHEREAS, he was the father of five children, all of whom live in Henry County; grandfather of 13 children, 12 of whom live in Henry County; and great-grandfather of 32 children; and
WHEREAS, this outstanding citizen lived a life of service to his church and his community and helped his communities adapt and prosper in times of fast moving changes.
PART IV WHEREAS, Kelley L. Courtney was born and raised on Barfield Road in Bibb County, Georgia, and never left home until he and his brother Donnie joined the United States Marine Corps in 1998; and
WHEREAS, Kelley L. Courtney rose to the rank of sergeant and was an intelligence officer who was assigned from the 3rd Intelligence Battalion of the III Marine Expeditionary Force to augment the 31st Marine Expeditionary Unit in Iraq and served as a counterintelligence and human intelligence specialist; and
WHEREAS, on October 30, 2004, Sgt. Courtney was killed in action in Fallujah, Iraq; and
WHEREAS, Sgt. Courtney has been recognized by the Marines for the vital role he played in leadership and his deep personal commitment to the protection and welfare of

TUESDAY, MARCH 20, 2007

1029

the citizens of this nation by dedicating a building in his honor at Camp Hansen, Okinawa; and
WHEREAS, Sgt. Courtney diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community, state, and nation; and
WHEREAS, his significant organizational and leadership talents, his remarkable patience and diplomacy, his keen sense of vision, and his sensitivity to the needs of the citizens of his nation earned him the respect and admiration of his colleagues and associates; and
WHEREAS, he was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness, and it is only fitting and proper that an interchange should be named in his honor.
PART V NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of SR 37 within the city limits of Funston, Georgia, in Colquitt County, be dedicated as the Edward Sidney "Dick" Chambers Memorial Highway.
BE IT FURTHER RESOLVED that the intersection of SR 515 and Philadelphia Road in Pickens County be dedicated as the SGT David Samuel Collins Memorial Interchange.
BE IT FURTHER RESOLVED that the portion of SR 20 from the North McDonough city limit to East Lake Road, in Henry County, be dedicated as the Ed Echols Memorial Highway.
BE IT FURTHER RESOLVED that the intersection of Hartley Bridge Road and I-75 in Bibb County is dedicated as the Sgt. Kelley L. Courtney Interchange.
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 Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation, to the family of Edward Sidney "Dick" Chambers, to the family of SGT David Samuel Collins, to the family of Mr. Ed Echols, and to the family of Sgt. Kelley L. Courtney.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.

1030

JOURNAL OF THE HOUSE

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B
Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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
Franklin Y Frazier
Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser
Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas 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 Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy
Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts
Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the adoption of the Resolutions, the ayes were 162, nays 0.

The Resolutions, having received the requisite constitutional majority, were adopted.

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

TUESDAY, MARCH 20, 2007

1031

AFTERNOON SESSION
The Speaker called the House to order.
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 542 Do Pass, by Substitute
Respectfully submitted, /s/ Manning of the 32nd
Chairman
Representative Ehrhart of the 36th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 595 Do Pass
Respectfully submitted, /s/ Ehrhart of the 36th
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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:

1032

JOURNAL OF THE HOUSE

HR 524 Do Pass
Respectfully submitted, /s/ Barnard of the 166th
Chairman
The following Resolutions of the House were read:
HR 598. By Representatives Rogers of the 26th and Walker of the 107th:
A RESOLUTION honoring and remembering the life of Charles Lindbergh Knight; and for other purposes.
HR 599. By Representatives Rogers of the 26th, Collins of the 27th, Mills of the 25th and Benton of the 31st:
A RESOLUTION honoring and remembering the life of Evan Wesley King; and for other purposes.
HR 600. By Representative Powell of the 29th:
A RESOLUTION honoring and remembering the life of Prentis Mayfield; and for other purposes.
HR 601. By Representative Powell of the 29th:
A RESOLUTION honoring and remembering the life of Owen Alfred Atkinson; and for other purposes.
HR 602. By Representative Maddox of the 172nd:
A RESOLUTION recognizing Thomas Dixen "T.D." Brown; and for other purposes.
HR 603. By Representative Rice of the 51st:
A RESOLUTION congratulating the HoneyBaked Ham Company on 50 years in business; and for other purposes.
HR 604. By Representative Stephens of the 164th:
A RESOLUTION commending Graham DeLoach; and for other purposes.

TUESDAY, MARCH 20, 2007

1033

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

Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant Y Buckner Y Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes
Ehrhart Y England
Epps Y Everson Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster
Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton 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

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

Y Martin Y Maxwell Y May
McCall Y McKillip Y Meadows
Millar Mills Y Mitchell Morgan Y Morris Mosby Y Mumford Y Murphy Y Neal Y Nix Oliver O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Powell Y Pruett Y Ralston Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Royal Rynders Sailor Y Scott, A

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

On the adoption of the Resolutions, the ayes were 133, nays 0.

The Resolutions were adopted.

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 supplemental Rules Calendar was read and adopted:

1034

JOURNAL OF THE HOUSE

HOUSE SUPPLEMENTAL RULES CALENDAR TUESDAY, MARCH 20, 2007

Mr. Speaker and Members of the House:

The Committee on Rules has set the following supplemental calendar for this 29th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

HB 94

Supplemental appropriations; State Fiscal Year July 1, 2006 - June 30, 2007 (Substitute)(App-Richardson-19th)

Modified Open Rule

None

Modified Structure 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

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 94. By Representatives Richardson of the 19th, Harbin of the 118th, Golick of the 34th, Burkhalter of the 50th, Keen of the 179th and others:

A BILL to amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2006, and ending June 30, 2007, known as the "General Appropriations Act;" and for other purposes.

TUESDAY, MARCH 20, 2007

1035

The following Committee substitute was read: A BILL

To amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2006, and ending June 30, 2007, known as the general appropriations Act, approved May 8, 2006, as House Bill 1027, Act No. 950, Ga. Laws 2006, Volume One, Book Two Appendix, commencing at Page 1 of 188, so as to make, provide and change certain appropriations for the operation of 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:

An Act making and providing appropriations for the State Fiscal Year beginning July 1, 2006, and ending June 30, 2007, known as the general appropriations Act, approved May 8, 2006, as House Bill 1027, Act No. 950, Ga. Laws 2006, Volume One, Book Two Appendix, commencing at Page 1 of 188, is amended by striking everything following the enacting clause and substituting in lieu thereof the following:

Total Funds

$36,056,759,400

Federal Funds and Grants

$9,765,693,566

Temporary Assistance for Needy Families Block Grant

$345,458,864

Social Services Block Grant

$50,486,793

Child Care and Development Block Grant

$55,335,941

Foster Care Title IV-E

$49,388,792

Maternal and Child Health Services Block Grant

$17,348,033

Medical Assistance Program

$5,206,747,633

Preventive Health and Health Services Block Grant

$4,203,961

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

$1,100,000,001

Federal Transit Administration Capital Investment Grants

$12,858,431

State Children's Insurance Program

$329,663,643

Community Services Block Grant

$17,189,252

1036

JOURNAL OF THE HOUSE

Low-Income Home Energy Assistance TANF Block Grant Unobligated Balance Federal Funds Not specifically Identified Other Funding Sources Agency Funds Research Funds Records Center Storage Fee Indigent Care Trust Fund - Public Hospital Authorities Other Funds Not Specifically Identified State Funds Lottery Funds Tobacco Funds State Motor Fuel Brain and Spinal Injury Trust Fund State General Funds Intra-State Government Transfers Health Insurance Payments Retirement Payments Self Insurance Trust Fund Payments Other Intra-State Government Payments

Section 1: Georgia Senate Total Funds Federal Funds and Grants Other Funding Sources State Funds
State General Funds Intra-State Government Transfers
1.1. Lieutenant Governor's Office Total Funds State Funds State General Funds

$18,970,241 $152,853,396 $2,341,387,728 $4,269,060,388 $1,635,410,211 $1,598,519,130
$433,753 $158,537,322 $876,159,972 $19,379,118,069 $841,554,506 $167,511,505 $863,841,005
$3,007,691 $17,503,203,362
$2,642,887,377 $2,430,689,700
$41,536,372 $117,729,730 $52,931,575
$9,779,214 $0 $0
$9,779,214 $9,779,214
$0
$838,701 $838,701 $838,701

TUESDAY, MARCH 20, 2007

1037

1.2. Secretary of the Senate's Office Total Funds State Funds State General Funds

$1,198,966 $1,198,966 $1,198,966

1.3. Senate Total Funds State Funds State General Funds

$6,738,774 $6,738,774 $6,738,774

1.4. Senate Budget and Evaluation Office

Purpose: 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

Section 2: Georgia House of Representatives Total Funds Federal Funds and Grants Other Funding Sources State Funds
State General Funds Intra-State Government Transfers

$17,921,050 $0 $0
$17,921,050 $17,921,050
$0

2.1. Georgia House of Representatives

Total Funds

$17,921,050

State Funds

$17,921,050

State General Funds

$17,921,050

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$17,491,660 $17,491,660

Provide funding for an increase in per diem for House members.

$429,390

$429,390

Amount appropriated in this Act

$17,921,050 $17,921,050

1038

JOURNAL OF THE HOUSE

Section 3: Georgia General Assembly Joint Offices Total Funds Federal Funds and Grants Other Funding Sources State Funds
State General Funds Intra-State Government Transfers

$9,186,733 $0 $0
$9,186,733 $9,186,733
$0

3.1. Ancillary Activities

Purpose: To provide services for the legislative branch of government.

Total Funds

$3,941,575

State Funds

$3,941,575

State General Funds

$3,941,575

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$3,833,123

$3,833,123

Provide funding for a contract with the Carl Vinson Institute of Government at the University of Georgia for the creation of the Center for Tax and Expenditure Data (TED Center) to assist local government.

$108,452

$108,452

Amount appropriated in this Act

$3,941,575

$3,941,575

3.2. Legislative Fiscal Office

Purpose: 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

3.3. Office of Legislative Counsel

Purpose: 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

TUESDAY, MARCH 20, 2007

1039

Section 4: Audits and Accounts, Department of Total Funds Federal Funds and Grants Other Funding Sources State Funds
State General Funds Intra-State Government Transfers

$32,327,204 $0 $0
$32,327,204 $32,327,204
$0

4.1. Administration

Purpose: To provide administrative support to all Department programs.

Total Funds

$1,640,896

State Funds

$1,640,896

State General Funds

$1,640,896

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$1,602,714

$1,602,714

Increase funds to reflect adjustments to the employer share of the State Health Benefit Plan premiums, Georgia Building Authority real estate rental rate, and Workers' Compensation premiums.

$38,182

$38,182

Amount appropriated in this Act

$1,640,896

$1,640,896

4.2. Audit and Assurance Services

Purpose: To provide financial, performance, and information system audits.

Total Funds

$28,387,917

State Funds

$28,387,917

State General Funds

$28,387,917

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$28,053,474 $28,053,474

Increase funds to reflect adjustments to the employer share of the State Health Benefit Plan premiums, Georgia Building Authority real estate rental rate, and Workers' Compensation premiums.

$540,346

$540,346

Reduce funds for operations.

($205,903)

($205,903)

1040

JOURNAL OF THE HOUSE

Amount appropriated in this Act

$28,387,917 $28,387,917

4.3. Legislative Services

Purpose: To provide information on retirement system services, promulgate statewide policies and procedures and provide fiscal note services.

Total Funds

$114,172

State Funds

$114,172

State General Funds

$114,172

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$113,096

$113,096

Increase funds to reflect adjustments to the employer share of the State Health Benefit Plan premiums, Georgia Building Authority real estate rental rate, and Workers' Compensation premiums.

$2,151

$2,151

Reduce funds for operations.

($1,075)

($1,075)

Amount appropriated in this Act

$114,172

$114,172

4.4. Statewide Equalized Adjusted Property Tax Digest

Purpose: 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

$2,184,219

State Funds

$2,184,219

State General Funds

$2,184,219

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$2,158,265

$2,158,265

Increase funds to reflect adjustments to the employer share of the State Health Benefit Plan premiums, Georgia Building Authority real estate rental rate, and Workers' Compensation premiums.

$43,976

$43,976

Reduce funds for operations.

($18,022)

($18,022)

Amount appropriated in this Act

$2,184,219

$2,184,219

TUESDAY, MARCH 20, 2007

1041

Section 5: Appeals, Court of Total Funds Federal Funds and Grants Other Funding Sources
Other Funds Not Specifically Identified State Funds
State General Funds Intra-State Government Transfers

$13,344,562 $0
$90,000 $90,000 $13,254,562 $13,254,562
$0

5.1. Court of Appeals

Purpose: 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

$13,344,562

Other Funding Sources

$90,000

Other Funds Not Specifically Identified

$90,000

State Funds

$13,254,562

State General Funds

$13,254,562

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$12,751,212 $12,841,212

Provide for an increase in real estate rent for new space for Judges on 3rd floor of the Judicial Building.

$51,761

$51,761

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$96,299

$96,299

Reinstate funding for 2 positions eliminated in FY 2005.

$0

$0

Provide funds for a 2.89% payraise for Judges and 4% payraise for staff.

$143,164

$143,164

Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 14.20% to 16.713%.

$207,855

$207,855

Increase funds to reflect an adjustment in Workers' Compensation premiums.

$4,271

$4,271

Amount appropriated in this Act

$13,254,562 $13,344,562

1042

JOURNAL OF THE HOUSE

Section 6: Judicial Council Total Funds Federal Funds and Grants Other Funding Sources State Funds
State General Funds Intra-State Government Transfers

$14,146,827 $0 $0
$14,146,827 $14,146,827
$0

6.1. Appellate Resource Center

Purpose: 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

6.2. Georgia Office of Dispute Resolution

Purpose: The purpose is to oversee the development of court-connected alternative dispute resolution programs in Georgia.

Total Funds

$375,525

State Funds

$375,525

State General Funds

$375,525

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$365,383

$365,383

Provide funds for amended budget increases to include a 4% payraise for staff effective January 1, 2007, an adjustment in the employer share of State Health Benefit Plan premiums from 14.20% to 16.713%, an adjustment in Workers' Compensation premiums and an adjustment to Georgia Building Authority (GBA) rental rates for office space.

$10,142

$10,142

Amount appropriated in this Act

$375,525

$375,525

6.3. Institute of Continuing Judicial Education
Purpose: 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.

TUESDAY, MARCH 20, 2007

1043

Total Funds

$1,133,944

State Funds

$1,133,944

State General Funds

$1,133,944

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$1,126,382

$1,126,382

Provide funds for amended budget increases to include a 4% payraise for staff effective January 1, 2007, an adjustment in the employer share of State Health Benefit Plan premiums from 14.20% to 16.713%, an adjustment in Workers' Compensation premiums and an adjustment to Georgia Building Authority (GBA) rental rates for office space.

$7,562

$7,562

Amount appropriated in this Act

$1,133,944

$1,133,944

6.4. Judicial Council

Purpose: 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

$11,572,249

State Funds

$11,572,249

State General Funds

$11,572,249

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$10,913,173 $10,913,173

Provide funds for amended budget increases to include a 4% payraise for staff effective January 1, 2007, an adjustment in the employer share of State Health Benefit Plan premiums from 14.20% to 16.713%, an adjustment in Workers' Compensation premiums and an adjustment to Georgia Building Authority (GBA) rental rates for office space.

$232,511

$232,511

Provide funds for Westlaw for the Council of Magistrate Court Judges.

$0

$0

Provide funds for Westlaw for the Council of Probate Court Judges.

$0

$0

Provide funds a new Guardianship video for the

$65,000

$65,000

1044

JOURNAL OF THE HOUSE

Probate Court.
Provide funds to the Georgia Courts Automation Commission for software certification.
Provide funds to the County and Municipal Probation advisory council for increased workload due to SB 44.
Provide additional state funds to match federal funds for the Child Placement Project.
Provide funds for child support calculator changes to comply with statutory requirements of SB 382.
Amount appropriated in this Act

$18,583 $56,053
$86,929 $200,000 $11,572,249

$18,583 $56,053
$86,929 $200,000 $11,572,249

6.5. Judicial Qualifications Commission

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

Total Funds

$265,109

State Funds

$265,109

State General Funds

$265,109

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$259,574

$259,574

Provide funds for amended budget increases to include a 4% payraise for staff effective January 1, 2007, an adjustment in the employer share of State Health Benefit Plan premiums from 14.20% to 16.713%, an adjustment in Workers' Compensation premiums and an adjustment to Georgia Building Authority (GBA) rental rates for office space.

$5,535

$5,535

Amount appropriated in this Act

$265,109

$265,109

Section 7: Juvenile Courts Total Funds Federal Funds and Grants Other Funding Sources State Funds
State General Funds

$6,533,749 $0 $0
$6,533,749 $6,533,749

TUESDAY, MARCH 20, 2007

1045

Intra-State Government Transfers

$0

7.1. Council of Juvenile Court Judges

Purpose: 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

$1,612,293

State Funds

$1,612,293

State General Funds

$1,612,293

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$1,538,714

$1,538,714

Provide funds for a 4% payraise effective January 1, 2007.

$17,151

$17,151

Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 14.20% to 16.713%.

$31,428

$31,428

Provide funds for increase in mileage reimbursement rate from .28 per mile to .445 per mile.

$25,000

$25,000

Amount appropriated in this Act

$1,612,293

$1,612,293

7.2. Grants to Counties for Juvenile Court Judges

Purpose: This program mandates payment of state funds to circuits to pay for juvenile court judges salaries.

Total Funds

$4,921,456

State Funds

$4,921,456

State General Funds

$4,921,456

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$4,910,831

$4,910,831

Provide funds for a Juvenile Judge for Coweta Circuit effective January 1, 2007.

$10,625

$10,625

Amount appropriated in this Act

$4,921,456

$4,921,456

1046

JOURNAL OF THE HOUSE

Section 8: Prosecuting Attorneys Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources State Funds
State General Funds Intra-State Government Transfers

$55,972,015 $1,795,037 $1,795,037 $0
$54,176,978 $54,176,978
$0

8.1. District Attorneys

Purpose: 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

$50,024,757

Federal Funds and Grants

$1,795,037

Federal Funds Not specifically Identified

$1,795,037

State Funds

$48,229,720

State General Funds

$48,229,720

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$46,219,535 $47,986,581

Provide funds for a $7,000 payraise for District Attorneys per HB 268.

$462,271

$462,271

Provide funds for a 2.89% payraise for District Attorneys and 4% for staff effective January 1, 2007.

$691,720

$691,720

Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 14.20% to 16.713%.

$828,189

$828,189

Increase funds to reflect an adjustment in Worker's Compensation premiums.

$28,005

$28,005

Provide funds to add assistant District Attorneys for the Cobb and Dublin Judicial Circuits.

$0

$0

Properly align fund sources.

$0

$27,991

Amount appropriated in this Act

$48,229,720 $50,024,757

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1047

8.2. Prosecuting Attorney's Council

Purpose: This program is charged with the responsibility of assisting Georgia's District Attorneys and State Court Solicitors.

Total Funds

$5,947,258

State Funds

$5,947,258

State General Funds

$5,947,258

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$5,107,537

$5,107,537

Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 14.20% to 16.713%.

$69,956

$69,956

Provide funds for a 4% payraise for Prosecuting Attorney's Council (PAC) effective January 1, 2007.

$56,277

$56,277

Provide funds for base adjustment as a result of the FY2006 veto.

$711,212

$711,212

Increase funds to reflect an adjustment in Worker's Compensation premiums.

$2,276

$2,276

Amount appropriated in this Act

$5,947,258

$5,947,258

Section 9: Public Defender Standards Council, Georgia Total Funds Federal Funds and Grants Other Funding Sources
Other Funds Not Specifically Identified State Funds
State General Funds Intra-State Government Transfers

$43,490,095 $0
$6,067,810 $6,067,810 $37,422,285 $37,422,285
$0

9.1. Public Defender Standards Council
Purpose: 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.

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Total Funds

$9,845,648

Other Funding Sources

$559,797

Other Funds Not Specifically Identified

$559,797

State Funds

$9,285,851

State General Funds

$9,285,851

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$10,607,210 $11,167,007

Transfer funds from Capital Defenders Office to Conflict Case Office.

($1,321,359) ($1,321,359)

Amount appropriated in this Act

$9,285,851

$9,845,648

9.2. Public Defenders

Purpose: 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

$33,644,447

Other Funding Sources

$5,508,013

Other Funds Not Specifically Identified

$5,508,013

State Funds

$28,136,434

State General Funds

$28,136,434

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$17,224,912 $18,637,947

Provide funds for personal services.

$8,508,957

$8,508,957

Provide funds for the Conflict Case Office.

$1,757,618

$2,618,481

Provide funds for opt-out circuits.

$1,984,000

$1,984,000

Provide funds for regular operating expenses.

$1,895,062

$1,895,062

Replace state funds with agency funds.

($3,234,115)

$0

Amount appropriated in this Act

$28,136,434 $33,644,447

Section 10: Superior Courts Total Funds

$55,783,076

TUESDAY, MARCH 20, 2007

1049

Federal Funds and Grants Other Funding Sources State Funds
State General Funds Intra-State Government Transfers

$0 $0 $55,783,076 $55,783,076 $0

10.1. Council of Superior Court Clerks

Purpose: 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

10.2. Council of Superior Court Judges

Purpose: 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

$1,034,889

State Funds

$1,034,889

State General Funds

$1,034,889

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$971,630

$971,630

Provide funds for a 4% payraise for staff effective January 1, 2007.

$9,831

$9,831

Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 14.20% to 16.713%.

$13,994

$13,994

Increase funds to reflect an adjustment in Workers' Compensation premiums.

$746

$746

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$11,488

$11,488

Provide funding for temporary labor.

$27,200

$27,200

Amount appropriated in this Act

$1,034,889

$1,034,889

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10.3. Judicial Administrative Districts

Purpose: 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

$2,242,780

State Funds

$2,242,780

State General Funds

$2,242,780

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$2,184,721

$2,184,721

Provide funds for a 4% payraise for staff effective January 1, 2007.

$22,117

$22,117

Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 14.20% to 16.713%.

$34,905

$34,905

Increase funds to reflect an adjustment in Workers' Compensation premiums.

$1,037

$1,037

Amount appropriated in this Act

$2,242,780

$2,242,780

10.4. Superior Court Judges

Purpose: 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

$52,262,407

State Funds

$52,262,407

State General Funds

$52,262,407

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$50,109,108 $50,109,108

Provide funds for a 4% payraise for staff effective January 1, 2007.

$146,485

$146,485

Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 14.20% to 16.713%.

$99,967

$99,967

Increase funds to reflect an adjustment in Workers' Compensation premiums.

$6,989

$6,989

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1051

Provide funds for a 2.89% payraise for Superior Court Judges effective January 1, 2007. Provide funds for two new judgeships for the Cobb and Dublin Judicial circuits.
Restore budget reduction from FY 2005. Provide funds for step increase payraise for secretaries effective April 1, 2007. Provide funds to counties for courthouse security. Amount appropriated in this Act

$399,858
$0
$0 $0
$1,500,000 $52,262,407

$399,858
$0
$0 $0
$1,500,000 $52,262,407

Section 11: Supreme Court Total Funds Federal Funds and Grants Other Funding Sources State Funds
State General Funds Intra-State Government Transfers

$8,217,695 $0 $0
$8,217,695 $8,217,695
$0

11.1. Supreme Court of Georgia

Purpose: The purpose is to be a court of review and exercise exclusive appellate jurisdiction in all cases in

Total Funds

$8,217,695

State Funds

$8,217,695

State General Funds

$8,217,695

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$7,921,323

$7,921,323

Provide funds for a 2.89% payraise for Judges and a 4% payraise for staff effective January 1, 2007.

$93,229

$93,229

Provide for an adjustment in the Georgia Building Authority (GBA) real estate rental rate for office space.

$80,477

$80,477

Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 14.20% to 16.713%.

$117,252

$117,252

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Increase funds to reflect an adjustment in Workers' Compensation premiums.
Amount appropriated in this Act

$5,414 $8,217,695

$5,414 $8,217,695

Section 12: Accounting Office, State Total Funds Federal Funds and Grants Other Funding Sources
Other Funds Not Specifically Identified State Funds
State General Funds Intra-State Government Transfers
Other Intra-State Government Payments

$15,776,297 $0
$117,662 $117,662 $6,802,841 $6,802,841 $8,855,794 $8,855,794

12.1. State Accounting Office

Purpose: 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

Other Funding Sources

$117,662

Other Funds Not Specifically Identified

$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

Section 13: Administrative Services, Department of Total Funds Federal Funds and Grants Other Funding Sources
Agency Funds Other Funds Not Specifically Identified State Funds State General Funds

$171,782,794 $0
$12,428,029 $12,074,798
$353,231 $21,965,505 $21,965,505

TUESDAY, MARCH 20, 2007

1053

Intra-State Government Transfers Self Insurance Trust Fund Payments Other Intra-State Government Payments

$137,389,260 $117,729,730 $19,659,530

13.1. Administration

Purpose: To provide administrative support to all department programs.

Total Funds

$5,563,164

Other Funding Sources

$2,084,660

Agency Funds

$2,084,660

State Funds

$3,478,504

State General Funds

$3,478,504

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$3,495,206

$5,579,866

Realize CNG savings by reducing telecommunications expenses and computer charges.

($16,702)

($16,702)

Amount appropriated in this Act

$3,478,504

$5,563,164

13.2. Fiscal Services

Purpose: To provide administrative functions and services necessary for the fulfillment of the responsibilities of the Superior Courts.

Total Funds

$322,037

Other Funding Sources

$322,037

Agency Funds

$322,037

13.3. Fleet Management

Purpose: 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

Other Funding Sources

$2,502,664

Agency Funds

$2,502,664

13.4. Mail and Courier
Purpose: To provide convenient, efficient, and cost effective services through aggregation of demand for Capitol Hill and metro area mail and package delivery

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services. Total Funds Other Funding Sources Agency Funds

$1,387,642 $1,387,642 $1,387,642

13.5. Risk Management

Purpose: To provide cost minimization and fair treatment of citizens through effective claims management.

Total Funds

$137,389,260

Intra-State Government Transfers

$137,389,260

Self Insurance Trust Fund Payments

$117,729,730

Other Intra-State Government Payments

$19,659,530

13.6. State Purchasing

Purpose: 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

$9,615,803

Other Funding Sources

$185,003

Agency Funds

$185,003

State Funds

$9,430,800

State General Funds

$9,430,800

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$9,465,212

$9,650,215

Realize CNG savings by reducing telecommunications expenses and computer charges.

($34,412)

($34,412)

Amount appropriated in this Act

$9,430,800

$9,615,803

13.7. Surplus Property

Purpose: 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

$2,317,944

Other Funding Sources

$2,317,944

Agency Funds

$2,317,944

TUESDAY, MARCH 20, 2007

1055

13.8. U. S. Post Office

Purpose: To provide convenient and cost-effective postal services to agencies and individuals.

Total Funds

$173,296

Other Funding Sources

$155,575

Agency Funds

$155,575

State Funds

$17,721

State General Funds

$17,721

The following appropriations are for agencies attached for administrative purposes.

13.9. Agency for the Removal of Hazardous Materials

Purpose: 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

13.10. Health Planning Review Board Purpose: To review decisions made by hearing officers.
Total Funds State Funds
State General Funds

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

13.11. Office of State Administrative Hearings

Purpose: To provide an impartial and independent forum for resolving disputes between the public and state agencies.

Total Funds

$4,437,936

Other Funding Sources

$608,684

Agency Funds

$608,684

State Funds

$3,829,252

State General Funds

$3,829,252

13.12. Office of Treasury and Fiscal Services Purpose: To receive and keep safely all monies which shall from time to time be paid to

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the treasury of this state, and to pay all warrants legally drawn on the treasury.

Total Funds

$3,177,221

Other Funding Sources

$2,510,589

Agency Funds

$2,510,589

State Funds

$666,632

State General Funds

$666,632

13.13. Payments to Georgia Technology Authority

Purpose: 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

Other Funding Sources

$353,231

Other Funds Not Specifically Identified

$353,231

State Funds

$4,396,769

State General Funds

$4,396,769

Section 14: Agriculture, Department of Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources
Agency Funds State Funds
State General Funds Intra-State Government Transfers

$51,952,749 $6,849,321 $6,849,321 $1,884,689 $1,884,689
$43,218,739 $43,218,739
$0

14.1. Administration

Purpose: To provide administrative support for all programs of the department.

Total Funds

$6,367,339

Federal Funds and Grants

$69,500

Federal Funds Not specifically Identified

$69,500

Other Funding Sources

$258,721

Agency Funds

$258,721

TUESDAY, MARCH 20, 2007

1057

State Funds

$6,039,118

State General Funds

$6,039,118

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$6,084,719

$6,412,940

Realize CNG savings by redirecting funds ($45,601) from the Administration program to the Consumer Protection program to replace 3 high-mileage vehicles used by department inspectors.

($45,601)

($45,601)

Amount appropriated in this Act

$6,039,118

$6,367,339

14.2. Athens/Tifton Veterinary Labs

Purpose: 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

14.3. Consumer Protection

Purpose: 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

$30,053,408

Federal Funds and Grants

$6,749,221

Federal Funds Not specifically Identified

$6,749,221

Other Funding Sources

$935,000

Agency Funds

$935,000

State Funds

$22,369,187

State General Funds

$22,369,187

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$22,016,387 $29,700,608

Realize CNG savings by redirecting funds ($45,601)

$45,601

$45,601

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from the Administration program to the Consumer Protection program to replace 3 high-mileage vehicles used by department inspectors.
Replace 17 motor vehicles with mileage in excess of 170,000 used by department inspectors.
Add funding for Homeland Security Agriculture Food Defense positions (an Agriculture Manager, 2 Operations Analysts and an Administrative Assistant).
Redirect $150,000 in bond funds, 5-year bonds approved in FY 2005 as part of HB 1181, from predesign and design of a fuel laboratory in Forest Park to predesign of testing labs (Seed Lab, Chemical Lab, Fuel Lab, and Weights and Measures Lab) in Tifton.
Amount appropriated in this Act

$250,000 $57,199
$0
$22,369,187

$250,000 $57,199
$0
$30,053,408

14.4. Marketing and Promotion

Purpose: To expand sales of Georgia's commodities from growers by promoting them domestically and internationally.

Total Funds

$8,563,745

Federal Funds and Grants

$30,600

Federal Funds Not specifically Identified

$30,600

Other Funding Sources

$690,968

Agency Funds

$690,968

State Funds

$7,842,177

State General Funds

$7,842,177

14.5. Poultry Veterinary Diagnostic Labs

Purpose: 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

Section 15: Banking and Finance, Department of Total Funds

$11,575,416

TUESDAY, MARCH 20, 2007

1059

Federal Funds and Grants Other Funding Sources State Funds
State General Funds Intra-State Government Transfers

$0 $0 $11,575,416 $11,575,416 $0

15.1. Administration

Purpose: Provide administrative support to all department programs.

Total Funds

$1,770,741

State Funds

$1,770,741

State General Funds

$1,770,741

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$1,786,026

$1,786,026

Realize CNG savings by redirecting funds to the Financial Institution Supervision program to replace 3 motor vehicles with mileage in excess of 135,000 miles.

($15,285)

($15,285)

Amount appropriated in this Act

$1,770,741

$1,770,741

15.2. Chartering, Licensing and Applications/Non-mortgage Entities

Purpose: 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

$508,554

State Funds

$508,554

State General Funds

$508,554

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$512,992

$512,992

Realize CNG savings by redirecting funds to the Financial Institution Supervision program to replace 3 motor vehicles with mileage in excess of 135,000 miles.

($4,438)

($4,438)

Amount appropriated in this Act

$508,554

$508,554

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15.3. Consumer Protection and Assistance

Purpose: To assist consumers with problems encountered when dealing with department-regulated entities.

Total Funds

$524,277

State Funds

$524,277

State General Funds

$524,277

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$529,701

$529,701

Realize CNG savings by redirecting funds to the Financial Institution Supervision program to replace 3 motor vehicles with mileage in excess of 135,000 miles.

($5,424)

($5,424)

Amount appropriated in this Act

$524,277

$524,277

15.4. Financial Institution Supervision

Purpose: 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

$6,992,184

State Funds

$6,992,184

State General Funds

$6,992,184

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$6,956,283

$6,956,283

Realize CNG savings by redirecting funds to the Financial Institution Supervision program to replace 3 motor vehicles with mileage in excess of 135,000 miles.

$42,405

$42,405

Realize CNG savings by reducing telecommunications ($1,159) and computer charges ($5,345).

($6,504)

($6,504)

Amount appropriated in this Act

$6,992,184

$6,992,184

15.5. Mortgage Supervision Purpose: To protect consumers from unfair, deceptive or fraudulent residential

TUESDAY, MARCH 20, 2007

1061

mortgage lending practices and enforce applicable laws and regulations.

Total Funds

$1,779,660

State Funds

$1,779,660

State General Funds

$1,779,660

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$1,796,918

$1,796,918

Realize CNG savings by redirecting funds to the Financial Institution Supervision program to replace 3 motor vehicles with mileage in excess of 135,000 miles.

($17,258)

($17,258)

Amount appropriated in this Act

$1,779,660

$1,779,660

Section 16: Community Affairs, Department of Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources
Other Funds Not Specifically Identified State Funds
Tobacco Funds State General Funds Intra-State Government Transfers

$282,224,665 $93,634,621 $93,634,621 $11,243,636 $11,243,636
$177,346,408 $47,123,333 $130,223,075
$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.

16.1. Administration

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

Total Funds

$4,918,822

Federal Funds and Grants

$22,000

Federal Funds Not specifically Identified

$22,000

Other Funding Sources

$2,592,412

Other Funds Not Specifically Identified

$2,592,412

State Funds

$2,304,410

State General Funds

$2,304,410

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$2,301,555

$4,915,967

Realize CNG savings by redirecting funds to the Administration program to train 6 staff members as examiners in the Georgia Oglethorpe Award Process.

$4,495

$4,495

Realize CNG savings by reducing telecommunications, computer charges, and regular operating expenses.

($1,640)

($1,640)

Amount appropriated in this Act

$2,304,410

$4,918,822

16.2. Building Construction

Purpose: 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

$461,055

Other Funding Sources

$171,722

Other Funds Not Specifically Identified

$171,722

State Funds

$289,333

State General Funds

$289,333

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$289,555

$461,277

Realize CNG savings by redirecting funds to the Administration program to train 6 staff members as examiners in the Georgia Oglethorpe Award

($111)

($111)

TUESDAY, MARCH 20, 2007

1063

Process.
Realize CNG savings by reducing telecommunications, computer charges, and regular operating expenses.
Amount appropriated in this Act

($111) $289,333

($111) $461,055

16.3. Coordinated Planning

Purpose: 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

$4,951,060

State Funds

$4,951,060

State General Funds

$4,951,060

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$3,694,744

$3,694,744

Realize CNG savings by redirecting funds to the Administration program to train 6 staff members as examiners in the Georgia Oglethorpe Award Process.

($1,592)

($1,592)

Realize CNG savings by reducing telecommunications, computer charges, and regular operating expenses.

($1,592)

($1,592)

Provide 2 time-limited positions and funds for the Local Update of Census Addresses project to ensure Georgia's citizens are accurately counted in the 2010 Census.

$1,259,500

$1,259,500

Amount appropriated in this Act

$4,951,060

$4,951,060

16.4. Environmental Education and Assistance

Purpose: This program provides technical assistance, resource tools, and public education outreach resources.

Total Funds

$997,533

State Funds

$997,533

State General Funds

$997,533

The above amounts include the following adjustments, additions, and deletions to the

1064

JOURNAL OF THE HOUSE

previous appropriation act:
Amount from prior Appropriation Act (HB1027) Realize CNG savings by redirecting funds to the Administration program to train 6 staff members as examiners in the Georgia Oglethorpe Award Process. Realize CNG savings by reducing telecommunications, computer charges, and regular operating expenses. Amount appropriated in this Act

State Funds $998,853 ($660)

Total Funds $998,853 ($660)

($660) $997,533

($660) $997,533

16.5. Federal Community and Economic Development Programs

Purpose: 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

$38,802,933

Federal Funds and Grants

$37,043,876

Federal Funds Not specifically Identified

$37,043,876

State Funds

$1,759,057

State General Funds

$1,759,057

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$1,760,337 $38,804,213

Realize CNG savings by redirecting funds to the Administration program to train 6 staff members as examiners in the Georgia Oglethorpe Award Process.

($640)

($640)

Realize CNG savings by reducing telecommunications, computer charges, and regular operating expenses.

($640)

($640)

Amount appropriated in this Act

$1,759,057 $38,802,933

16.6. Homeownership Programs
Purpose: The purpose is to expand the supply of standard affordable housing through rehabilitation, construction and provide homeownership opportunities for low and moderate income individuals.

TUESDAY, MARCH 20, 2007

1065

Total Funds Other Funding Sources
Other Funds Not Specifically Identified

$4,031,286 $4,031,286 $4,031,286

16.7. Local Assistance Grants

Purpose: 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

$6,511,903

State Funds

$6,511,903

State General Funds

$6,511,903

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$6,540,903

$6,540,903

Total of Grants Associated with this Program

$0

$0

Recapture funding for duplicate or declined Local Assistance Grants to include Barrow County ($15,000), Hart County (10,000), Houston County ($4,000), and the City of Thomson ($15,000).

($44,000)

($44,000)

Redirect excess Local Assistance Grant funding ($235,000) and add funds ($15,000) to provide a grant to Autrey Mill for historical restoration in the City of John's Creek ($250,000) - a grant previously funded in Fiscal Year 2006 but returned to the state due to Fulton County being ineligible as a recipient.

$15,000

$15,000

Amount appropriated in this Act

$6,511,903

$6,511,903

Specific Local Assistance Grants Appropriated:
Grants to County Governments Grant to Atkinson County for: Renovate a module unit to be used as a multi-purpose building. Grant to Bacon County for: Purchase equipment for a research and demonstration farm. Grant to Baldwin County for: Provide funds to purchase truck. Grant to Baldwin County for: Advertise the Old Capitol Museum. Grant to Bartow County for: Officer safety and surveillance equipment in narcotics enforcement department.

$20,000
$40,000
$25,000 $20,000 $30,000

1066

JOURNAL OF THE HOUSE

Grant to Bartow County for: Create programs for Advocates for Children.
Grant to Berrien County for: Provide funds for fire department equipment.
Grant to Bibb County for: Refurbishment of Community Park and facilities at Lake Tobesofkee.
Grant to Bleckley County for: Laptop computers for sheriff's office.
Grant to Bulloch County for: Emergency response equipment.
Grant to Butts County for: Reading material, supplies and audio books for disabled individuals.
Grant to Butts County for: Purchase bullet proof vests.
Grant to Calhoun County for: Purchase 2 breathing units for volunteer fire department.
Grant to Carroll County for: Replace parking lot and roof.
Grant to Catoosa County for: Infrastructure for development of industrial park complex.
Grant to Charlton County for: Contract with a local drug abuse treatment program that assists Charlton County residents with the increasing meth problem in rural Georgia.
Grant to Chatham County for: Provide funds for weight lifting equipment for Abilities Unlimited.
Grant to Chattooga County for: Repair the Sublyna Community Center.
Grant to Clayton County for: Expand summer program to address serious issues of gang violence.
Grant to Clayton County for: Lighting and computer installation.
Grant to Clayton County for: Fund transitional housing and emergency shelter.
Grant to Clayton County for: Replace walkways at Confederate Cemetery.
Grant to Cobb County for: Purchase passenger van.
Grant to Cobb County for: Renovate and purchase new pavilion for East Cobb park.
Grant to Cobb County for: Improve drainage at Bob Shaw Park.
Grant to Coffee County for: Paving entrances of volunteer fire stations.
Grant to Colquitt County for: Equipment for Doerun Library.
Grant to Colquitt County for: Assistance in purchase of used lift truck

$40,000
$20,000
$50,000
$4,000 $7,500 $5,000
$15,000 $5,300
$15,000 $20,000
$10,000
$3,500
$18,000
$10,000
$10,000 $25,000
$10,000
$40,000 $30,000
$20,000 $25,000
$15,000 $12,000

TUESDAY, MARCH 20, 2007
for electrical work and tree trimming. Grant to Colquitt County for: Renovate livestock facility. Grant to Columbia County for: Transfer historic structural arches to county building. Grant to Columbia County for: Assist with improvements and infrastructure upgrades to local park. Grant to Columbia County for: Purchase EMT equipment for the sheriff's office. Grant to Columbia County for: Fund the Columbia County Chamber of Commerce-Industry/Education Partnership. Grant to Cook County for: Equipment for 4-H Coordinator for life skill class. Grant to Crawford County for: Purchase a site for parking in renovated downtown. Grant to Crisp County for: Upgrade service weapons and holsters for the sheriff's department. Grant to Crisp County for: Fund stormwater feasibility study. Grant to Crisp County for: Upgrade courthouse security. Grant to Dade County for: Fund renovations and repairs. Grant to Decatur County for: Purchase new equipment for 10 volunteer fire departments. Grant to Dekalb County for: Operating funding for 100 Black Men of Dekalb. Grant to Dekalb County for: Purchase materials for the Scottdale Child Development and Family Resources Ctr. Literacy Program. Grant to Dodge County for: Security fencing for airport. Grant to Dodge County for: Purchase radio equipment for Dodge County Sheriff's Department. Grant to Dooly County for: Improve Big Pig Jig site. Grant to Douglas County for: Develop a landscape and gateway signage plan in the traffic circle island of planned intersection rounda-bout. Grant to Douglas County for: Sheriff's office meth task force operating funds. Grant to Douglas County for: Cultural Arts Center operating funds. Grant to Effingham County for: Installation of new playground equipment. Grant to Effingham County for: Improvements and update

1067
$45,000 $10,000 $10,000 $20,000 $25,000 $10,000 $10,000 $10,000 $25,000 $15,000 $15,000 $25,000 $10,000 $14,823 $7,500 $4,000 $35,000 $20,000
$20,000 $20,000 $15,000 $10,000

1068

JOURNAL OF THE HOUSE

playground. Grant to Effingham County for: Create access to Ogeechee River. Grant to Elbert County for: Refurbish infrastructure of the Nancy Hart Home. Grant to Emanuel County for: Renovation of Emanuel Arts Center. Grant to Evans County for: Renovate Tos Theatre. Grant to Fannin County for: Provide funds for tel-squirt equipment for fire truck. Grant to Fayette County for: Purchase two severe weather sirens. Grant to Floyd County for: Purchase SWAT response vehicle. Grant to Floyd County for: Renovate the Rome History Museum. Grant to Fulton County for: Provide general operating funding for an adult day care program. Grant to Glascock County for: Purchase equipment for sheriff's department. Grant to Gwinnett County for: Special need playground. Grant to Gwinnett County for: Create human services plan for Gwinnett Village. Grant to Habersham County for: Regional Welcome Center at Tallulah Falls. Grant to Hall County for: Provide funds for sewer line construction. Grant to Hall County for: Search and recovery equipment for underwater search and recovery team. Grant to Hall County for: Provide funds for Georgia police and fire games. Grant to Hall County for: Assist initiative for access to healthcare for uninsured adults. Grant to Haralson County for: Fund Buchanan/Haralson Library. Grant to Haralson County for: Purchase of historical home for Haralson Historical Society. Grant to Heard County for: Upgrade the wastewater treatment plant. Grant to Henry County for: Sidewalks near congested school area. Grant to Henry County for: Reading material, supplies and audio books for disabled individuals. Grant to Henry County for: Regular equipment, shotguns and thermal imagers. Grant to Henry County for: Purchase video cameras for police cars. Grant to Henry County for: Fund archaeological dig at Lovejoy

$25,000 $15,000
$5,000 $10,000 $50,000
$50,000 $50,000 $50,000 $10,000
$18,000
$10,000 $25,000
$50,000
$30,000 $35,295
$20,000
$20,000
$20,000 $50,000
$25,000 $19,475 $5,000
$10,000
$40,000 $25,000

TUESDAY, MARCH 20, 2007
Battlefield. Grant to Houston County for: Epilos laser engraving system. Grant to Houston County for: Program for children at-risk, teen pregnancy, drop out and abuse. Grant to Irwin County for: Help clean up public parks and other recreational facilities. Grant to Irwin County for: Van for the Irwin County Senior Citizen's center meals on wheels. Grant to Jackson County for: Purchase compressor for the South Jackson Volunteer Fire Dept. Grant to Jackson County for: Provide equipment for emergency operations command center. Grant to Jeff Davis County for: Security system for court house. Grant to Jeff Davis County for: Video equipment and metal detector for sheriff's office. Grant to Johnson County for: Equipment for volunteer fire department. Grant to Johnson County for: Equipment for volunteer fire department. Grant to Johnson County for: Purchase kitchen equipment for senior citizen center. Grant to Lamar County for: Renovation of historic Johnstonville Community Club. Grant to Lanier County for: Refurbish county library. Grant to Laurens County for: Purchase computer systems for Laurens County Sheriff's Department. Grant to Long County for: Build new fireproof door and room onto courthouse and install HVAC humidifier. Grant to Macon County for: Provide and maintain a park for Flint River Farms School Preservation Society. Grant to Madison County for: Fund soil testing study. Grant to Madison County for: Purchase two sheriff's cars. Grant to McDuffie County for: Funds to support and operate the Boys and Girls Club of McDuffie. Grant to Mitchell County for: Bring electrical system up to date in old building. Grant to Mitchell County for: Pave parking lot for Mitchell County Development Authority.

1069
$5,000 $10,000 $10,000 $15,000 $25,000 $20,000 $10,000 $25,000 $5,000 $10,000 $5,000 $20,000 $12,000 $12,815 $30,000 $15,000 $60,000 $50,000 $10,000 $12,000 $12,000

1070

JOURNAL OF THE HOUSE

Grant to Mitchell County for: Fire fighting equipment for seven volunteer fire departments.
Grant to Montgomery County for: Video production equipment.
Grant to Morgan County for: Provide funds for the Buckhead Volunteer Fire Department.
Grant to Murray County for: Reprint county brochure for chamber of commerce.
Grant to Murray County for: Purchase a treadmill, a booster heater for dishwashing system and a computer for Internet access for the Murray County Senior Center.
Grant to Newton County for: Supplement purchase of in-car cameras.
Grant to Newton County for: Purchase laptop computers for EMS vehicles.
Grant to Oconee County for: Relocation and restoration of historic building.
Grant to Oconee County for: Completion of recreational parking.
Grant to Paulding County for: To assist in building the Tara Drummond Memorial Pet Park.
Grant to Pierce County for: Purchase historical land from the Civil War era.
Grant to Pike County for: Purchase three Jaws of Life.
Grant to Polk County for: Provide funds for operating expenses and expansion of Boys and Girls Club.
Grant to Polk County for: Provide funds for Our House shelter.
Grant to Polk County for: Fund community resources for the Polk County Council for Children and Families.
Grant to Pulaski County for: Purchase needed equipment.
Grant to Richmond County for: Construction of handicap accessible restroom facility.
Grant to Richmond County for: Provide funds for children program.
Grant to Richmond County for: Provide operation funds for the Lucy Craft Laney Museum of Black History.
Grant to Schley County for: Fire fighting equipment.
Grant to Seminole County for: Paving access ramp and parking for fire department.
Grant to Spalding County for: Provide funding for law enforcement equipment.
Grant to Stephens County for: Fund the Recovery Academy.

$17,500
$10,000 $10,000
$5,000
$5,000
$10,000 $50,000
$20,000
$15,000 $30,000
$20,000
$25,000 $5,000
$5,000 $2,500
$4,000 $25,000
$15,000 $25,000
$1,000 $16,660
$15,000
$20,000

TUESDAY, MARCH 20, 2007
Grant to Tift County for: Surveillance equipment for police department. Grant to Tift County for: Fund Tift County Public Library lead paint abatement. Grant to Toombs County for: Rural fire department equipment. Grant to Treutlen County for: Implement enhanced 911 for Treutlen County EMS. Grant to Turner County for: Emergency service equipment. Grant to Turner County for: Radar purchase for police department. Grant to Turner County for: Renovate recreation building and purchase equipment. Grant to Walker County for: Renovation of historic Marsh House. Grant to Walton County for: Funding for road installation project. Grant to Walton County for: Funding for sewer installation project. Grant to Ware County for: Renovate recreation facility. Grant to Warren County for: Establish an alternative school. Grant to Wayne County for: Building inspection program equipment and software. Grant to Wayne County for: Volunteer fire department equipment. Grant to Wayne County for: Paint farmers market and fence recreation complex. Grant to Wayne County for: Operate Caregivers Resources. Grant to Wheeler County for: Renovate recreation department and purchase new equipment. Grant to Whitfield County for: Fund operations of the Praters Mill historic site. Grant to Wilcox County for: Equipment for sheriff's office. Grant to Worth County for: New microfilm and printer for library. Grants to Municipal Governments Grant to City of Abbeville for: Equipment for water system. Grant to City of Acworth for: Purchase cameras for police cars. Grant to City of Adel for: K-9 transport system. Grant to City of Albany for: Fund the 2006 Special Olympics. Grant to City of Allentown for: To repair and put a sustainable maintenance plan in place for water tower. Grant to City of Alpharetta for: To complete construction of Walk of Memories.

1071
$8,000
$10,000
$50,000 $25,000
$4,450 $7,480 $25,000
$20,000 $10,000 $10,000 $20,000 $15,000 $5,000
$5,000 $5,000
$10,000 $10,000
$25,000
$5,000 $9,000
$5,000 $75,000
$3,500 $25,000 $35,000
$40,000

1072

JOURNAL OF THE HOUSE

Grant to City of Andersonville for: Promote the Andersonville Trail through reprinting brochures and advertising. Grant to City of Arabi for: Provide funds for landscaping of new medical clinic. Grant to City of Atlanta for: Operating funds for mentoring and tutoring camp for needy young girls. Grant to City of Atlanta for: To transport children for after school program in academy and daycare. Grant to City of Augusta for: Fund Augusta Youth Center. Grant to City of Augusta for: Execution of the community vision. Grant to City of Baconton for: Furnishings for city hall historic house. Grant to City of Baldwin for: Offset the expenses associated with the recent ice storm. Grant to City of Baxley for: Beautify City Hall in Baxley. Grant to City of Berlin for: Purchase computers for Berlin City Hall and renovate City Hall. Grant to City of Braselton for: Purchase needed books for new library under construction. Grant to City of Bronwood for: General equipment and support for ongoing city projects. Grant to City of Buena Vista for: Fire fighting equipment. Grant to City of Byron for: Furnishings for the new community center within the new city hall. Grant to City of Cairo for: Renovate community house. Grant to City of Cartersville for: Provide funds to house abandoned children. Grant to City of Cochran for: Purchase needed equipment for patrol cars. Grant to City of Columbus for: Fund operations of Renaissance Personal Development Program. Grant to City of Columbus for: Develop skilled work force. Grant to City of Columbus for: Fund cultural education center. Grant to City of Columbus for: Provide funding for Building Toward Wellness Health Care Intervention. Grant to City of Columbus for: Provide funds for House of Mercy. Grant to City of Columbus for: To assist with GED programs. Grant to City of Coolidge for: Help complete drinking water project. Grant to City of Cordele for: Purchase computerized case management

$5,000
$12,000
$40,000
$15,000
$25,000 $25,000 $12,500
$7,500
$6,000 $25,000
$10,000
$2,000
$1,000 $15,000
$20,000 $40,000
$4,000
$20,000
$20,000 $20,000 $10,000
$15,000 $15,000 $14,000 $25,000

TUESDAY, MARCH 20, 2007
system for Cordele. Grant to City of Cornelia for: Offset the expenses associated with the recent ice storm. Grant to City of Cuthbert for: A security system for city hall, police dept. and water wells. Grant to City of Dawsonville for: Purchase racing hall of fame artifacts for Georgia Racing Hall of Fame Museum. Grant to City of Demorest for: Cover ice storm damages. Grant to City of Demorest for: Offset the expenses associated with the recent ice storm. Grant to City of Douglasville for: Welcome sign, stage cover and pedestrian safety improvements. Grant to City of East Point for: Fund Changes Recovery Center in East Point. Grant to City of Enigma for: Assistance with roof for the city hall. Grant to City of Fairmount for: Engineering and design work for a downtown square. Grant to City of Fargo for: Upgrade the recreation park. Grant to City of Fitzgerald for: Equipment purchases for airport. Grant to City of Flovilla for: Provide funds for the planning and design for a community center. Grant to City of Flovilla for: Fund preliminary engineering study for wastewater treatment plant. Grant to City of Glennville for: Renovate Glennville Community Center. Grant to City of Hahira for: Jaws of life equipment. Grant to City of Harlem for: Theatre restoration in downtown Harlem. Grant to City of Hawkinsville for: Provide funds for Hawkinsville Library. Grant to City of Hawkinsville for: Equipment and maintenance of The Old Opera House. Grant to City of Johns Creek for: Provide funding to Autrey Mill for historical restoration in the City of Johns Creek. Grant to City of Kennesaw for: Complete a regional trail system. Grant to City of Kingsland for: Provide general operating funding for Humane Society. Grant to City of Lagrange for: Assist with developing a comprehensive water planning.

1073
$7,500 $9,985 $30,000 $7,500 $7,500 $30,000 $25,000 $12,000 $15,000 $12,000 $5,000 $25,000 $25,000 $25,000 $14,500 $40,000 $15,000 $10,000 $250,000 $50,000 $10,000 $25,000

1074

JOURNAL OF THE HOUSE

Grant to City of Lawrenceville for: Funding for revitalization of downtown. Grant to City of Leesburg for: New computers for library. Grant to City of Lenox for: Build fire station. Grant to City of Lilburn for: Computers for patrol cars and provide for security lighting and emergency phones along city greenway walking trail. Grant to City of Lincolnton for: Emergency generator for sewer waste water plant. Grant to City of Lithonia for: Playground equipment and other items. Grant to City of Lithonia for: Provide arts supplies, games and entertainment system for Lithonia Senior Wellness Center. Grant to City of Ludowici for: Provide funding to help with addition to city hall. Grant to City of Ludowici for: Purchase a Intoxilyzer 5000 machine. Grant to City of Ludowici for: Renovate Ludowici City Hall. Grant to City of Ludowici for: Purchase police cars and Intoxilyzer. Grant to City of McDonough for: Children with disabilities athletic program. Grant to City of Meldrim for: Rejuvenate playground at Meldrim Memorial Park. Grant to City of Metter for: Improve walking trails for recreation department. Grant to City of Millen for: Construct a train viewing platform. Grant to City of Milton for: Provide funds to make restroom improvements at Bell Memorial Park. Grant to City of Monroe for: Construct pump stations. Grant to City of Nahunta for: Equipment to maintain the city. Grant to City of Nahunta for: Complete Nahunta Police Department Public Safety Center and Parking Lot. Grant to City of Newnan for: Construct a walking area within a park. Grant to City of Norcross for: Funding for Success Academy. Grant to City of Norman Park for: Purchase new police car. Grant to City of Oglethorpe for: Upgrade and maintenance of sewer lines. Grant to City of Orchard Hill for: Complete sewer project. Grant to City of Palmetto for: To assist Harris Chapel United Method Church in providing students with tutorial help.

$15,000
$30,000 $20,000 $30,000
$20,000
$10,000 $7,000
$20,000
$5,495 $40,000 $25,000 $2,500
$25,000
$10,000
$20,000 $70,000
$10,000 $10,000 $12,000
$25,000 $40,000 $10,000 $10,000
$15,000 $8,000

TUESDAY, MARCH 20, 2007
Grant to City of Parrott for: Build a metal building for fire trucks. Grant to City of Perry for: Public safety training center for police and fire dept. Grant to City of Perry for: Provide funds to the Rebound Center. Grant to City of Perry for: Renovate Big Indian Creek. Grant to City of Pine Lake for: Improve water quality. Grant to City of Pinehurst for: Purchase tractor to help in cleaning up city and cutting grass. Grant to City of Ranger for: Training and purchase property to spur commercial growth. Grant to City of Rebecca for: Purchase equipment for fire truck. Grant to City of Reidsville for: Provide funds to the City of Reidsville to pave roadways at the Reidsville city cemetery. Grant to City of Rincon for: New playground facility. Grant to City of Ringgold for: Assistance with interconnector to the Moccasin Bend Treatment Facility. Grant to City of Ringgold for: Repair Ringgold Depot and grounds. Grant to City of Rochelle for: Assist City of Rochelle with repairing their water system. Grant to City of Rome for: Construct and design the Roman Arches for the Rome Area Council for the Arts. Grant to City of Rome for: Improve and operate Chieftains Museum. Grant to City of Rossville for: Renovation and repair of public library. Grant to City of Roswell for: Funds will be used to match a grant to finished construction on new facilities. Grant to City of Roswell for: Finish construction on new facilities at the Chattahoochee Nature Reserve. Grant to City of Sandy Springs for: Laser speed detection devices and laptops. Grant to City of Sandy Springs for: Personal protection equipment ballistics vest. Grant to City of Savannah for: Exercise equipment for weight lifting center. Grant to City of Savannah for: Purchase vans. Grant to City of Savannah for: Fund services for at-risk children for daily after school program and summer program. Grant to City of Sharpsburg for: Provide consulting fees to develop multi-use trails.

1075
$15,000 $15,000
$2,500 $15,000 $25,000 $15,000
$15,000
$7,995 $50,000
$15,000 $10,000
$15,000 $5,000
$70,000
$25,000 $30,000 $20,000
$100,000
$25,000
$40,000
$18,000
$15,000 $50,000
$10,000

1076

JOURNAL OF THE HOUSE

Grant to City of Snellville for: Sidewalk construction, police video cameras and bucket truck.
Grant to City of Soperton for: Construct new fire station.
Grant to City of Sparta for: Fund summer work program.
Grant to City of Statesboro for: Programming and workshops, special events and instructional programs pertaining to the arts.
Grant to City of Statham for: Secure the city's ownership of their water source.
Grant to City of Stillmore for: Purchase new fire truck.
Grant to City of Stone Mountain for: Construct solid waste compactor facility.
Grant to City of Stone Mountain for: Maintenance of historic trolley barn.
Grant to City of Stone Mountain for: Subsidize instructor salaries for summer arts camp and fund scholarships.
Grant to City of Stone Mountain for: Provide funds for renovation of city hall.
Grant to City of Sugar Hill for: Renovation of concession restroom facilities in local park.
Grant to City of Suwanee for: Construct a pedestrian bridge.
Grant to City of Swainsboro for: Improvements to city recreation complex.
Grant to City of Sylvester for: Replace telephone system.
Grant to City of Tallapoosa for: Purchase a van for elderly senior center.
Grant to City of Thomasville for: Engineering fees associated with the preparation of the airport industrial park.
Grant to City of Thomson for: Replace breathing air system for the fire department.
Grant to City of Tybee Island for: Aesthetic improvements on Main Street.
Grant to City of Vidalia for: Construct new Vidalia Recreation Complex.
Grant to City of Warm Springs for: Renovate the FDR Golf Course at Warm Springs.
Grant to City of Warner Robins for: Provide funds for Robins Air Force Museum for math and science education.
Grant to City of Warrenton for: Renovation of city hall.

$25,000 $25,000 $10,000 $25,000 $15,000 $25,000 $25,000 $10,000 $10,000 $10,000 $20,000 $50,000 $10,000 $25,000 $25,000 $15,000 $25,000 $40,000 $20,000 $100,000 $10,000 $25,000

TUESDAY, MARCH 20, 2007
Grant to City of Warwick for: Tractor to help in cleaning up city and cutting grass. Grant to City of Washington for: Refurbish historic facility for after school youth center. Grant to City of Waycross for: Provide funds to the Okefenokee Heritage Center to research and design exhibits. Grant to City of Waycross for: Purchase computers, software and equipment for the Okefenokee Heritage Center. Grant to City of Whitesburg for: Computers and desks for library. Grant to City of Winterville for: Stabilization of historic building. Grant to City of Wrightsville for: Remodel old fire house building to police headquarters. Grant to City of Young Harris for: Funding for Accel program at Young Harris College. Grant to Town of Sale City for: Electrical work, books and bookshelves for city library.
Grants to Other Governmental Entities Grant to Albany-Dougherty Inner City for: Pay off interest incurred during the construction of the Flint RiverQuarium. Grant to Atlanta BOE for: Create Student Resource Center for Frederick Douglass High School. Grant to Atlanta BOE for: Operating funding for impaired vision program for blind babies. Grant to Atlanta Development Authority for: Fund operations of CAMP (Community Alliance of Metropolitan Parkway). Grant to Atlanta Development Authority for: Construct the Streetscape Project & Macon Drive Sidewalk Project for the Metropolitan Parkway. Grant to Carroll County BOE for: Cost of new furniture and its installation for media center at Sandhill Elementary. Grant to Clarke County BOE for: To improve the academic and life skills of school-aged youths. Grant to Cobb County BOE for: New seating for auditorium for Pope High School. Grant to Cobb County BOE for: Provide funding for classroom technology for Campbell High School. Grant to Cobb County BOE for: Provide funding for classroom technology for Campbell Middle School. Grant to Cobb County BOE for: Purchase new technology equipment

1077 $15,000 $25,000 $6,000 $4,850 $20,000 $15,000 $25,000 $15,000 $10,000
$25,000 $50,000 $10,000 $25,000 $25,000
$15,000 $10,000 $50,000 $25,000 $25,000 $28,280

1078

JOURNAL OF THE HOUSE

for Murdoch Elementary.
Grant to Cobb County BOE for: South Cobb High School band.
Grant to Columbia County BOE for: Assist high schools with athletic improvements (equally split among all Columbia County High Schools).
Grant to Dekalb County BOE for: Provide funds to address the dropout rate for Dekalb County High Schools.
Grant to Dekalb County BOE for: Purchase new equipment for student computer lab at Sequoyah Middle School.
Grant to Dekalb County BOE for: Purchase new equipment for student computer lab at Hightower Elementary.
Grant to Dekalb County BOE for: Purchase new equipment for student computer lab at Oakcliff Elementary.
Grant to Dekalb County BOE for: Purchase new equipment for student computer lab at Ashford Park Elementary.
Grant to Dekalb County BOE for: Purchase new equipment for student computer lab at Dresden Elementary.
Grant to Dekalb County BOE for: Provide funds to Fernbank Elementary School for the playground renovation project.
Grant to Dekalb County BOE for: General operating funding for outward bound center.
Grant to Floyd County BOE for: Construct indoor movement facility at McHenry Primary School.
Grant to Floyd County BOE for: Resurface track at Pepperell High School.
Grant to Gwinnett County BOE for: Construction of a physical health education classroom and activities facility.
Grant to Gwinnett County BOE for: Construct Physical/Health Ed. Classroom for Grayson High School.
Grant to Lake Allatoona Preservation Authority for: Restore water quality of Lake Allatoona.
Grant to Pulaski County Board of Education for: To provide for infrastructure improvements for Pulaski County Board of Education.
Grant to Putnam County BOE for: Purchase two greenhouses for Putnam County Schools.
Grant to Tattnall County BOE for: Resurface track at Reidsville Middle School.
Grant to Walton County BOE for: Completion of a health education complex.

$20,000 $40,000
$2,000 $3,000 $3,000 $3,000 $3,000 $3,000 $10,000 $20,000 $75,000 $25,000 $30,000 $100,000 $75,000 $150,000 $25,000 $5,000 $20,000

TUESDAY, MARCH 20, 2007

1079

16.8. Regional Services

Purpose: 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

$2,192,122

State Funds

$2,192,122

State General Funds

$2,192,122

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$2,134,134

$2,134,134

Realize CNG savings by redirecting funds to the Administration program to train 6 staff members as examiners in the Georgia Oglethorpe Award Process.

($731)

($731)

Realize CNG savings by reducing telecommunications, computer charges, and regular operating expenses.

($731)

($731)

Add 1 rural economic development position and related operating expenses to implement economic development strategies in rural Georgia.

$59,450

$59,450

Amount appropriated in this Act

$2,192,122

$2,192,122

16.9. Rental Housing Programs

Purpose: 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

$62,854,222

Federal Funds and Grants

$56,556,858

Federal Funds Not specifically Identified

$56,556,858

Other Funding Sources

$3,009,535

Other Funds Not Specifically Identified

$3,009,535

State Funds

$3,287,829

State General Funds

$3,287,829

16.10. Research and Surveys Purpose: The purpose is to conduct surveys and collect financial/management data

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from local governments and authorities as directed by statute.

Total Funds

$578,301

State Funds

$578,301

State General Funds

$578,301

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$578,685

$578,685

Realize CNG savings by redirecting funds to the Administration program to train 6 staff members as examiners in the Georgia Oglethorpe Award Process.

($192)

($192)

Realize CNG savings by reducing telecommunications, computer charges, and regular operating expenses.

($192)

($192)

Amount appropriated in this Act

$578,301

$578,301

16.11. Special Housing Initiatives Purpose: The purpose is to provide funds for Special Housing Initiatives.
Total Funds Other Funding Sources
Other Funds Not Specifically Identified State Funds
State General Funds

$4,507,407 $1,174,515 $1,174,515 $3,332,892 $3,332,892

16.12. State Community Development Programs

Purpose: 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

$1,233,602

State Funds

$1,233,602

State General Funds

$1,233,602

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$1,234,350

$1,234,350

Realize CNG savings by redirecting funds to the

($374)

($374)

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Administration program to train 6 staff members as examiners in the Georgia Oglethorpe Award Process.
Realize CNG savings by reducing telecommunications, computer charges, and regular operating expenses.
Amount appropriated in this Act

($374)

($374)

$1,233,602

$1,233,602

16.13. State Economic Development Program

Purpose: To facilitate and stimulate economic activity, private investment, and job creation by various means including making loans and grants.

Total Funds

$56,640,521

Federal Funds and Grants

$11,887

Federal Funds Not specifically Identified

$11,887

State Funds

$56,628,634

State General Funds

$56,628,634

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$9,779,024

$9,790,911

Realize CNG savings by redirecting funds to the Administration program to train 6 staff members as examiners in the Georgia Oglethorpe Award Process.

($195)

($195)

Realize CNG savings by reducing telecommunications, computer charges, and regular operating expenses.

($195)

($195)

Increase funds for the Regional Economic Business Assistance (REBA) program to assist local redevelopment authorities in creating comprehensive economic development plans.

$300,000

$300,000

Provide funds to the West Point Development Authority for the Kia project development grant.

$46,550,000 $46,550,000

Amount appropriated in this Act

$56,628,634 $56,640,521

The following appropriations are for agencies attached for administrative purposes.

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16.14. Payments to Georgia Environmental Facilities Authority

Purpose: The purpose is to provide funds for the Georgia Rural Water Association and the Infrastructure Grant

Total Funds

$41,587,917

Other Funding Sources

$2,135

Other Funds Not Specifically Identified

$2,135

State Funds

$41,585,782

State General Funds

$41,585,782

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$6,585,782

$6,587,917

Establish grant funds to acquire lands for the preservation and protection of Georgia's critical and essential watersheds and wildlife habitats within the Governor's Land Conservation program.

$34,000,000 $34,000,000

Provide funds for incentive grants for the reuse of treated wastewater to support growth and economic development.

$1,000,000

$1,000,000

Amount appropriated in this Act

$41,585,782 $41,587,917

16.15. Payments to Georgia Regional Transportation Authority

Purpose: 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

16.16. Payments to OneGeorgia Authority Purpose: The purpose is to provide funds for the OneGeorgia Authority.
Total Funds Other Funding Sources
Other Funds Not Specifically Identified State Funds
Tobacco Funds

$47,385,364 $262,031 $262,031
$47,123,333 $47,123,333

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Section 17: Community Health, Department of Total Funds Federal Funds and Grants
Medical Assistance Program State Children's Insurance Program Other Funding Sources Agency Funds Indigent Care Trust Fund - Public Hospital Authorities Other Funds Not Specifically Identified State Funds Tobacco Funds State General Funds Intra-State Government Transfers Health Insurance Payments

$11,343,601,192 $5,405,632,472 $5,075,968,829 $329,663,643 $850,073,311 $2,532,160
$158,537,322
$689,003,829 $2,657,205,709
$55,944,361 $2,601,261,348 $2,430,689,700 $2,430,689,700

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. For this purpose the appropriation of State General Funds for the Aged, Blind and Disabled Medicaid program will be the amount stated in the line item less the amount stated in the proviso in the program statement, to the extent that the proviso amount is used for PeachCare.

17.1. Administration

Purpose: To provide administrative support to all departmental programs.

Total Funds

$412,315,631

Federal Funds and Grants

$277,350,330

Medical Assistance Program

$269,070,441

State Children's Insurance Program

$8,279,889

Other Funding Sources

$232,160

Agency Funds

$232,160

State Funds

$115,437,195

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State General Funds

$115,437,195

Intra-State Government Transfers

$19,295,946

Health Insurance Payments

$19,295,946

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$87,102,839 $397,953,055

Add state funds to replace the loss of prior year funds for administrative services and the loss of onetime Upper Payment Limit funds.

$14,130,000

$14,130,000

Transfer state funds from the Low-Income Medicaid program to the Administration program to provide 6 months funding for 3 eligibility positions (Total Funds: $81,082).

$20,270

$40,540

Transfer $80,617 in other funds from the State Health Benefit Plan (SHBP) to the Administration program to provide 6 months funding for 2 accounting positions to audit payroll locations.

$0

$40,308

Redirect funds from the Aged, Blind and Disabled program to the Administration program to correctly reflect FY 2005 state funds reserved for benefits.

$14,130,000 $14,130,000

Realign funds in the Administration and the Aged, Blind and Disabled Medicaid programs to correctly reflect FY 2005 state funds reserved for benefits (Other Funds: $14,130,000).

$0 ($14,130,000)

Realize CNG savings by transferring funds from telecommunications ($18,384), contractual services ($8,824) and regular operating expenses ($973) in the Administration program to contractual services in the Health Care Access and Improvement program for the Health Improvement Advisory Board.

($28,181)

($28,181)

Provide 3 months funding for 2 legal services positions to provide support for member and provider appeals.

$15,872

$31,744

Provide 6 months funding for 8 positions for contract management process improvement.

$66,395

$148,165

Amount appropriated in this Act

$115,437,195 $412,315,631

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1085

17.2. Aged, Blind and Disabled Medicaid

Purpose: To improve healthcare access primarily to elderly and disabled individuals; provided however, that from within the State General Funds appropriation of $1,205,536,966 immediately below, the amount of $73,000,000 is appropriated for the

purposes of the Aged, Blind and Disabled Medicaid and PeachCare programs.

Total Funds

$4,248,464,051

Federal Funds and Grants

$2,535,977,334

Medical Assistance Program

$2,535,977,334

Other Funding Sources

$506,949,751

Other Funds Not Specifically Identified

$506,949,751

State Funds

$1,205,536,966

State General Funds

$1,205,536,966

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027) $1,088,523,973 $4,151,954,508

Add state funds to replace the loss of prior year funds for administrative services and the loss of onetime Upper Payment Limit funds.

$58,142,993

$58,142,993

Pre-fund projected FY 2008 Medicaid expenses.

$73,000,000 $73,000,000

Redirect funds from the Aged, Blind and Disabled program to the Administration program to correctly reflect FY 2005 state funds reserved for benefits.

($14,130,000) ($14,130,000)

Realign funds in the Administration and the Aged, Blind and Disabled Medicaid programs to correctly reflect FY 2005 state funds reserved for benefits (Other Funds: $14,130,000).

$0 $14,130,000

Reflect actual roll-forward number as validated by the internal auditors and the State Auditor.

$0 ($34,633,450)

Implement the Money Follows the Person Grant to balance the distribution of services between institutions and the community.

$0

$0

Amount appropriated in this Act

$1,205,536,966 $4,248,464,051

17.3. Health Care Access and Improvement

Purpose: To improve the health, wellness and access to healthcare for Georgians.

Total Funds

$14,777,636

Federal Funds and Grants

$549,838

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Medical Assistance Program

$549,838

Other Funding Sources

$100,000

Agency Funds

$100,000

State Funds

$14,127,798

State General Funds

$14,127,798

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$10,849,617 $11,499,455

Realize CNG savings by transferring funds from telecommunications ($18,384), contractual services ($8,824) and regular operating expenses ($973) in the Administration program to contractual services in the Health Care Access and Improvement program for the Health Improvement Advisory Board.

$28,181

$28,181

Provide funding for "new start" Community Health Centers to be administered and contracted with the Georgia Association for Primary Health Care; sites: Alma, Bacon County; Macon, Bibb County; Norcross, Gwinnett County; Lakeland, Lanier County; Athens, Clarke County and Augusta, Richmond County.

$1,500,000

$1,500,000

Provide funding for behavioral health services integration with existing Community Health Centers to be administered and contracted with the Georgia Association for Primary Health Care; sites: East Georgia Health Care Center, Inc. based in Emanuel County, serving multi-county sites in Southeast Georgia; Albany Area Primary Health Care, Inc. based in Dougherty County, serving multi-county sites in Southwest Georgia; Community Health Care Systems, Inc. based in Washington County, serving multi-county sites in East Georgia and Valley Health Care System, Inc. based in Muscogee County, serving multi-county sites in West Georgia.

$1,000,000

$1,000,000

Provide funding to The Georgia Association for Primary Health Care to complete the statewide Electronic Medical Records system to link the Federally Qualified Community Health Centers.

$750,000

$750,000

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Amount appropriated in this Act

$14,127,798 $14,777,636

17.4. Indigent Care Trust Fund

Purpose: To support rural and other healthcare providers, primarily hospitals, that serves medically indigent Georgians.

Total Funds

$934,986,400

Federal Funds and Grants

$585,698,501

Medical Assistance Program

$523,902,853

State Children's Insurance Program

$61,795,648

Other Funding Sources

$172,663,087

Agency Funds

$2,200,000

Indigent Care Trust Fund - Public Hospital Authorities

$158,537,322

Other Funds Not Specifically Identified

$11,925,765

State Funds

$176,624,812

State General Funds

$176,624,812

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$146,000,635 $816,861,620

Reflect actual roll-forward number as validated by the internal auditors and the State Auditor.

$0 $12,837,550

Reflect projected quality assessment fees for the Low-Income Medicaid program.

($5,988,928) ($15,608,361)

Reflect projected quality assessment fees for the PeachCare program.

$22,613,105 $84,408,753

Provide state funds match for federal Disproportionate Share Hospital (DSH) funds for private hospitals providing access to Georgia's uninsured citizens.

$14,000,000 $36,486,838

Amount appropriated in this Act

$176,624,812 $934,986,400

17.5. Low-Income Medicaid

Purpose: To improve healthcare access primarily to low-income individuals.

Total Funds

$2,627,845,789

Federal Funds and Grants

$1,569,617,622

Medical Assistance Program

$1,569,617,622

Other Funding Sources

$142,295,971

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Other Funds Not Specifically Identified

$142,295,971

State Funds

$915,932,196

Tobacco Funds

$50,973,656

State General Funds

$864,958,540

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$836,224,798 $2,555,007,945

Add state funds to replace the loss of prior year funds for administrative services and the loss of onetime Upper Payment Limit funds.

$79,826,278

$79,826,278

Pre-fund projected FY 2008 Medicaid expenses.

$671,660

$671,660

Transfer state funds from the Low-Income Medicaid program to the Administration program to provide 6 months funding for 3 eligibility positions (Total Funds: $81,082).

($20,270)

($40,540)

Reflect actual roll-forward number as validated by the internal auditors and the State Auditor.

$0 ($5,624,362)

Reflect cost avoidance by funded eligibility positions. (see item# 17.0.3)

($770,270) ($1,995,192)

Amount appropriated in this Act

$915,932,196 $2,627,845,789

17.6. Nursing Home Provider Fees

Purpose: 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

$286,955,608

Federal Funds and Grants

$176,850,741

Medical Assistance Program

$176,850,741

State Funds

$110,104,867

State General Funds

$110,104,867

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$99,287,176 $258,762,512

Increase the nursing home provider fees from $9.15 per bed day to $13.11 per bed day effective February

$10,817,691

$28,193,096

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11, 2007. Amount appropriated in this Act

$110,104,867 $286,955,608

17.7. PeachCare

Purpose: To improve access to healthcare for qualified low-income Georgia children; provided however, that from within the State General Funds appropriation of $1,205,536,966 in the Aged, Blind and Disabled Medicaid program, the amount of $73,000,000 is appropriated for the purposes of the Aged, Blind and Disabled Medicaid and PeachCare programs.

Total Funds

$362,828,735

Federal Funds and Grants

$259,588,106

State Children's Insurance Program

$259,588,106

Other Funding Sources

$27,832,342

Other Funds Not Specifically Identified

$27,832,342

State Funds

$75,408,287

Tobacco Funds

$4,970,705

State General Funds

$70,437,582

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$67,159,673 $330,216,038

Reflect actual roll-forward number as validated by the internal auditors and the State Auditor.

$0 $24,364,083

Add funds to cover PeachCare growth.

$8,248,614

$8,248,614

Amount appropriated in this Act

$75,408,287 $362,828,735

17.8. State Health Benefit Plan

Purpose: 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

$2,411,393,754

Intra-State Government Transfers

$2,411,393,754

Health Insurance Payments

$2,411,393,754

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

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Amount from prior Appropriation Act (HB1027)
Transfer $80,617 in other funds from the State Health Benefit Plan (SHBP) to the Administration program to provide 6 months funding for 2 accounting positions to audit payroll locations.
Amount appropriated in this Act

State Funds Total Funds

$0 $2,411,434,062

$0

($40,308)

$0 $2,411,393,754

The following appropriations are for agencies attached for administrative purposes.

17.9. Composite Board of Medical Examiners

Purpose: 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 (HB1027)

$2,202,555

$2,202,555

Provide regular operating funds ($21,500) and 6 months funding for 1 position ($18,065) to review nurse practitioner protocol agreements.

$0

$0

Amount appropriated in this Act

$2,202,555

$2,202,555

17.10. Georgia Board for Physician Workforce, Administration Purpose: To provide administrative support to all agency programs.
Total Funds State Funds
State General Funds

$559,455 $559,455 $559,455

17.11. Georgia Board for Physician Workforce, Graduate Medical Education

Purpose: To address the physician workforce needs of Georgia communities through the support and development of medical education programs.

Total Funds

$6,712,223

State Funds

$6,712,223

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State General Funds

$6,712,223

17.12. Georgia Board for Physician Workforce, Mercer School of Medicine

Purpose: 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

17.13. Georgia Board for Physician Workforce, Morehouse School of Medicine

Purpose: 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

17.14. Georgia Board for Physician Workforce, Undergraduate Medical Education

Purpose: 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

17.15. State Medical Education Board

Purpose: 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

Section 18: Corrections, Department of Total Funds Federal Funds and Grants

$1,028,940,245 $6,124,479

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Federal Funds Not specifically Identified Other Funding Sources
Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers

$6,124,479 $20,965,509 $8,565,393 $12,400,116 $1,001,850,257 $1,001,850,257
$0

18.1. Administration

Purpose: To protect and serve the citizens of Georgia by providing an effective and efficient department that administers a balanced correctional system.

Total Funds

$55,580,566

Federal Funds and Grants

$1,836,000

Federal Funds Not specifically Identified

$1,836,000

State Funds

$53,744,566

State General Funds

$53,744,566

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$53,742,000 $55,578,000

Provide funds for increased utility costs ($737,694 from CNG savings).

$0

$0

Provide start-up and operating funds for the Pelham Pre-release Center (160 beds).

$2,566

$2,566

Amount appropriated in this Act

$53,744,566 $55,580,566

18.2. Bainbridge Probation Substance Abuse Treatment Center

Purpose: To provide a sanctioning option for probationers who require more security and supervision than provided by regular community supervision.

Total Funds

$4,746,473

Federal Funds and Grants

$20,743

Federal Funds Not specifically Identified

$20,743

Other Funding Sources

$7,046

Agency Funds

$7,046

State Funds

$4,718,684

State General Funds

$4,718,684

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The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$4,718,684

$4,746,473

Provide funds for increased utility costs ($737,694 from CNG savings).

$0

$0

Amount appropriated in this Act

$4,718,684

$4,746,473

18.3. Detention Centers

Purpose: 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

$44,244,330

Federal Funds and Grants

$1,063,318

Federal Funds Not specifically Identified

$1,063,318

Other Funding Sources

$1,190,115

Other Funds Not Specifically Identified

$1,190,115

State Funds

$41,990,897

State General Funds

$41,990,897

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$41,990,897 $44,244,330

Provide funds for increased utility costs ($737,694 from CNG savings).

$0

$0

Amount appropriated in this Act

$41,990,897 $44,244,330

18.4. Food and Farm Operations

Purpose: To raise crops and livestock, and produce dairy items used in preparing meals for offenders.

Total Funds

$12,686,262

Federal Funds and Grants

$22,000

Federal Funds Not specifically Identified

$22,000

Other Funding Sources

$45,000

Agency Funds

$45,000

State Funds

$12,619,262

State General Funds

$12,619,262

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The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$12,592,844 $12,659,844

Provide funds for increased utility costs ($737,694 from CNG savings).

$0

$0

Provide start-up and operating funds for the Pelham Pre-release Center (160 beds).

$26,418

$26,418

Amount appropriated in this Act

$12,619,262 $12,686,262

18.5. Health

Purpose: 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

Other Funding Sources

$8,464,209

Agency Funds

$8,464,209

State Funds

$176,024,038

State General Funds

$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 (HB1027)

$176,024,038 $184,488,247

Provide funds for the health services purchases contract for physical health due to increased catastrophic healthcare claims.

$0

$0

Amount appropriated in this Act

$176,024,038 $184,488,247

18.6. Jail Subsidy

Purpose: 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

18.7. Offender Management

Purpose: To provide cost effective correctional services that ensure public safety.

Total Funds

$44,243,248

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1095

State Funds

$44,243,248

State General Funds

$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 (HB1027)

$44,243,248 $44,243,248

Provide funds for increased utility costs ($737,694 from CNG savings).

$0

$0

Amount appropriated in this Act

$44,243,248 $44,243,248

18.8. Parole Revocation Centers

Purpose: To provide a sanction for parole violations.

Total Funds

$4,075,781

Federal Funds and Grants

$10,510

Federal Funds Not specifically Identified

$10,510

Other Funding Sources

$49,138

Agency Funds

$49,138

State Funds

$4,016,133

State General Funds

$4,016,133

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$4,016,133

$4,075,781

Provide funds for increased utility costs ($737,694 from CNG savings).

$0

$0

Amount appropriated in this Act

$4,016,133

$4,075,781

18.9. Private Prisons

Purpose: To provide a cost effective correctional service that ensures public safety.

Total Funds

$79,924,032

State Funds

$79,924,032

State General Funds

$79,924,032

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$76,785,722 $76,785,722

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Provide funding for a 4% consumer price index increase for the state's 3 private prisons.
Amount appropriated in this Act

$3,138,310 $79,924,032

$3,138,310 $79,924,032

18.10. Probation Diversion Centers

Purpose: 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

$14,857,854

Other Funding Sources

$2,812,861

Other Funds Not Specifically Identified

$2,812,861

State Funds

$12,044,993

State General Funds

$12,044,993

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$12,044,993 $14,857,854

Provide funds for increased utility costs ($737,694 from CNG savings).

$0

$0

Amount appropriated in this Act

$12,044,993 $14,857,854

18.11. Probation Supervision

Purpose: To supervise probationers.

Total Funds

$73,542,460

State Funds

$73,542,460

State General Funds

$73,542,460

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$73,542,460 $73,542,460

Provide funds for increased utility costs ($737,694 from CNG savings).

$0

$0

Amount appropriated in this Act

$73,542,460 $73,542,460

18.12. State Prisons

Purpose: To house violent or repeat criminals, or nonviolent inmates who have exhausted all other forms of punishment.

Total Funds

$481,817,352

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1097

Federal Funds and Grants

$3,171,908

Federal Funds Not specifically Identified

$3,171,908

Other Funding Sources

$8,397,140

Other Funds Not Specifically Identified

$8,397,140

State Funds

$470,248,304

State General Funds

$470,248,304

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$469,322,035 $480,891,083

Provide funds for increased utility costs ($737,694 from CNG savings).

$0

$0

Provide start-up and operating funds for the Pelham Pre-release Center (160 beds).

$926,269

$926,269

Amount appropriated in this Act

$470,248,304 $481,817,352

18.13. Transitional Centers

Purpose: 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

$23,935,148

State Funds

$23,935,148

State General Funds

$23,935,148

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$23,935,148 $23,935,148

Provide funds for increased utility costs ($737,694 from CNG savings).

$0

$0

Amount appropriated in this Act

$23,935,148 $23,935,148

Section 19: Defense, Department of Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources

$46,351,950 $36,692,112 $36,692,112
$844,374

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

$844,374 $8,815,464 $8,815,464
$0

19.1. Administration

Purpose: To provide administration to the organized militia in the State of Georgia.

Total Funds

$1,366,222

Federal Funds and Grants

$140,489

Federal Funds Not specifically Identified

$140,489

State Funds

$1,225,733

State General Funds

$1,225,733

19.2. Military Readiness

Purpose: 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

$36,002,401

Federal Funds and Grants

$31,046,384

Federal Funds Not specifically Identified

$31,046,384

Other Funding Sources

$844,374

Agency Funds

$844,374

State Funds

$4,111,643

State General Funds

$4,111,643

19.3. Youth Educational Services

Purpose: To provide educational and vocational opportunities to at-risk youth in Georgia.

Total Funds

$8,983,327

Federal Funds and Grants

$5,505,239

Federal Funds Not specifically Identified

$5,505,239

State Funds

$3,478,088

State General Funds

$3,478,088

Section 20: Driver Services, Department of

TUESDAY, MARCH 20, 2007

1099

Total Funds Federal Funds and Grants Other Funding Sources
Other Funds Not Specifically Identified State Funds
State General Funds Intra-State Government Transfers

$56,345,817 $0
$721,456 $721,456 $55,624,361 $55,624,361
$0

20.1. Customer Service Support

Purpose: To administer License Issuance, Motor Vehicle Registration and Commercial Truck Compliance.

Total Funds

$8,777,916

Other Funding Sources

$857

Other Funds Not Specifically Identified

$857

State Funds

$8,777,059

State General Funds

$8,777,059

20.2. License Issuance

Purpose: To issue Georgia drivers license renewals through alternative methods.

Total Funds

$42,788,499

Other Funding Sources

$205,251

Other Funds Not Specifically Identified

$205,251

State Funds

$42,583,248

State General Funds

$42,583,248

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$40,390,280 $40,595,531

Provide funds for one-time costs associated with 10 investigators and 10 motor vehicles for the Georgia SecureID initiative to protect the integrity of Georgia driver's licenses.

$265,380

$265,380

Provide funds to conduct a feasibility study for a new license issuance system.

$600,000

$600,000

Provide funds for one-time costs for 26 additional positions, 2 motor vehicles, and operational costs for new Customer Service Centers in Loganville and

$322,588

$322,588

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Clayton.
Provide funds to construct, on land provided by Glynn County, a new Brunswick Customer Service Center.
Amount appropriated in this Act

$1,005,000

$1,005,000

$42,583,248 $42,788,499

20.3. Regulatory Compliance

Purpose: 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

Other Funding Sources

$515,348

Other Funds Not Specifically Identified

$515,348

State Funds

$4,264,054

State General Funds

$4,264,054

Section 21: Early Care and Learning, Department of Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources
Other Funds Not Specifically Identified State Funds
Lottery Funds State General Funds Intra-State Government Transfers

$434,451,575 $119,641,989 $119,641,989
$155,000 $155,000 $314,654,586 $309,598,387 $5,056,199
$0

21.1. Child Care Services

Purpose: 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

$7,815,219

Federal Funds and Grants

$3,604,020

Federal Funds Not specifically Identified

$3,604,020

Other Funding Sources

$155,000

Other Funds Not Specifically Identified

$155,000

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1101

State Funds State General Funds

$4,056,199 $4,056,199

21.2. Nutrition

Purpose: To ensure that eligible children and adults receive USDA compliant meals.

Total Funds

$93,000,000

Federal Funds and Grants

$93,000,000

Federal Funds Not specifically Identified

$93,000,000

21.3. Pre-Kindergarten Program

Purpose: To provide funding, training, technical assistance, and oversight of Pre-K programs operated by public and private providers throughout the state.

Total Funds

$311,266,210

Federal Funds and Grants

$667,823

Federal Funds Not specifically Identified

$667,823

State Funds

$310,598,387

Lottery Funds

$309,598,387

State General Funds

$1,000,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$301,953,447 $302,621,270

Transfer funds from the Georgia Student Finance Commission to fund an additional 1,586 slots, bringing the total Pre-K enrollment to 76,586.

$6,428,932

$6,428,932

Transfer funds from the Georgia Student Finance Commission to fund an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713% ($1,196,955) and an adjustment in the employer share of the retirement rate from 9.24% to 9.28% per HB 400 ($19,053).

$1,216,008

$1,216,008

Provide state funds to the Ferst Foundation for distribution of one book per month to children ages 0 to 5 years in participating counties.

$1,000,000

$1,000,000

Amount appropriated in this Act

$310,598,387 $311,266,210

21.4. Quality Initiatives

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Purpose: 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 Funds and Grants

$22,370,146

Federal Funds Not specifically Identified

$22,370,146

Section 22: Economic Development, Department of Total Funds Federal Funds and Grants Other Funding Sources
Other Funds Not Specifically Identified State Funds
State General Funds Intra-State Government Transfers

$45,380,046 $0
$20,244 $20,244 $45,359,802 $45,359,802
$0

22.1. Administration

Purpose: 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

22.2. Business Recruitment and Expansion

Purpose: 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 (HB1027)

$7,011,795

$7,011,795

Provide funds for a rail spur to complete site development for the Kia Motors project.

$0

$0

Amount appropriated in this Act

$7,011,795

$7,011,795

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1103

22.3. Film, Video and Music

Purpose: 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

22.4. Innovation & Technology

Purpose: To lead in the recruitment, growth, and marketing of the life sciences and technology industries in Georgia.

Total Funds

$3,254,091

State Funds

$3,254,091

State General Funds

$3,254,091

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$2,624,091

$2,624,091

Provide funds for economic development equipment for Herty Advance Materials Development Center.

$630,000

$630,000

Amount appropriated in this Act

$3,254,091

$3,254,091

22.5. International Relations and Trade

Purpose: 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

22.6. Small and Minority Business Development

Purpose: To provide guidance and support to agencies in maximizing access to state business opportunities for small and minority businesses.

Total Funds

$913,868

Other Funding Sources

$20,244

Other Funds Not Specifically Identified

$20,244

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State Funds State General Funds

$893,624 $893,624

22.7. Tourism

Purpose: To provide information to visitors about tourism opportunities throughout the state and encourage tourism expenditures.

Total Funds

$21,763,848

State Funds

$21,763,848

State General Funds

$21,763,848

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$12,061,348 $12,061,348

Provide funds for Civil War commemoration preparation and Resaca Battlefield development.

$3,000,000

$3,000,000

Provide funds for the Civil War Heritage Trails project.

$50,000

$50,000

Provide funds for the Historic Chattahoochee Commission.

$125,000

$125,000

Provide funds for the National Infantry Museum project.

$5,000,000

$5,000,000

Provide funds for Georgia Voyager magazine.

$75,000

$75,000

Provide funds for Zoo Atlanta's proposed new animal hospital.

$350,000

$350,000

Provide funds for Warner Robins Air Force base museum.

$100,000

$100,000

Provide funds for Washington-Wilkes County Level 3 Regional Visitor Information Center.

$2,500

$2,500

Provide funds for Tour de Georgia.

$1,000,000

$1,000,000

Amount appropriated in this Act

$21,763,848 $21,763,848

The following appropriations are for agencies attached for administrative purposes.

22.8. Civil War Commission
Purpose: 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

TUESDAY, MARCH 20, 2007

1105

historic properties associated with the Civil War. Total Funds State Funds State General Funds

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

22.9. Payments to Aviation Hall of Fame Authority

Purpose: 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

22.10. Payments to Georgia Golf Hall of Fame Authority

Purpose: 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

$358,685

State Funds

$358,685

State General Funds

$358,685

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$58,685

$58,685

Provide funds for operations.

$300,000

$300,000

Amount appropriated in this Act

$358,685

$358,685

22.11. Payments to Georgia Medical Center Authority Purpose: To provide funds to the Georgia Medical Center Authority.
Total Funds State Funds
State General Funds

$405,000 $405,000 $405,000

22.12. Payments to Georgia Music Hall of Fame Authority Purpose: To preserve Georgia's rich musical heritage.
Total Funds

$839,070

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State Funds

$839,070

State General Funds

$839,070

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$814,070

$814,070

Provide funds for operations.

$25,000

$25,000

Amount appropriated in this Act

$839,070

$839,070

22.13. Payments to Georgia Sports Hall of Fame Authority

Purpose: To preserve and interpret the history of sports in Georgia.

Total Funds

$766,895

State Funds

$766,895

State General Funds

$766,895

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$741,895

$741,895

Provide funds for operations.

$25,000

$25,000

Amount appropriated in this Act

$766,895

$766,895

Section 23: Education, Department of Total Funds Federal Funds and Grants
TANF Block Grant Unobligated Balance Federal Funds Not specifically Identified Other Funding Sources Other Funds Not Specifically Identified State Funds Tobacco Funds State General Funds Intra-State Government Transfers

$8,526,637,855 $1,113,965,001
$200,000 $1,113,765,001
$12,391,307 $12,391,307 $7,400,281,547 $19,993,118 $7,380,288,429
$0

The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,546.20. In addition, all local school system allotments for Quality Basic Education

TUESDAY, MARCH 20, 2007

1107

shall be made in accordance with funds appropriated by this Act.

23.1. Academic Coach

Purpose: 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

$3,826,098

State Funds

$3,826,098

State General Funds

$3,826,098

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$6,166,710

$6,166,710

Align funding based on projected expenditures.

($2,340,612) ($2,340,612)

Amount appropriated in this Act

$3,826,098

$3,826,098

23.2. Agricultural Education

Purpose: 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

$9,597,236

Federal Funds and Grants

$126,577

Federal Funds Not specifically Identified

$126,577

Other Funding Sources

$450,000

Other Funds Not Specifically Identified

$450,000

State Funds

$9,020,659

State General Funds

$9,020,659

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$8,108,659

$8,685,236

Add funds for the engineering and installation of a sewage treatment facility at the state FFA camp in Covington.

$912,000

$912,000

Amount appropriated in this Act

$9,020,659

$9,597,236

23.3. Central Office Purpose: To act as a service oriented agency supporting local school districts.

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Total Funds

$83,863,276

Federal Funds and Grants

$38,180,833

Federal Funds Not specifically Identified

$38,180,833

Other Funding Sources

$6,899,025

Other Funds Not Specifically Identified

$6,899,025

State Funds

$38,783,418

State General Funds

$38,783,418

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$35,871,976 $80,951,834

Add funds to extend the consultant contract for the Governor's Education Finance Taskforce.

$80,000

$80,000

Increase funds for internal information technology support, including $433,558 in CNG savings, to offset the loss of one-time funds.

$2,166,442

$2,166,442

Add funds to support the operation of the Student Information System.

$665,000

$665,000

Amount appropriated in this Act

$38,783,418 $83,863,276

23.4. Charter Schools

Purpose: To support and encourage development and approval of charter public schools as one part of Georgia's overall school improvement strategy.

Total Funds

$12,949,904

Federal Funds and Grants

$6,729,711

Federal Funds Not specifically Identified

$6,729,711

State Funds

$6,220,193

State General Funds

$6,220,193

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$1,220,193

$7,949,904

Provide funds to promote the development of Charter Schools by providing financial assistance for planning grants; facility improvement, renovation and construction; and equipment purchases.

$5,000,000

$5,000,000

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1109

Amount appropriated in this Act

$6,220,193 $12,949,904

23.5. Communities in Schools

Purpose: 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

23.6. Curriculum Development

Purpose: To provide a world-class curriculum that will drive both instruction and assessment for Georgia's teachers and students.

Total Funds

$2,605,708

Federal Funds and Grants

$200,000

TANF Block Grant Unobligated Balance

$200,000

State Funds

$2,405,708

State General Funds

$2,405,708

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$1,774,833

$1,974,833

Provide funds to develop 255 instructional video clips for the online Georgia Performance Standards (GPS) training.

$630,875

$630,875

Amount appropriated in this Act

$2,405,708

$2,605,708

23.7. Dropout Prevention Purpose: To reduce dropout rates for Georgia students.
Total Funds State Funds
State General Funds

$15,829,069 $15,829,069 $15,829,069

23.8. Equalization
Purpose: 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.

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Total Funds

$432,240,056

State Funds

$432,240,056

State General Funds

$432,240,056

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$427,024,372 $427,024,372

Increase funding for a mid-term adjustment for Equalization Grants.

$5,215,684

$5,215,684

Amount appropriated in this Act

$432,240,056 $432,240,056

23.9. Federal Programs

Purpose: To coordinate federally funded programs and allocate federal funds to school systems.

Total Funds

$817,561,039

Federal Funds and Grants

$817,561,039

Federal Funds Not specifically Identified

$817,561,039

23.10. Foreign Language Purpose: 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

23.11. Fund Accounting

Purpose: 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

23.12. Georgia Learning Resources System (GLRS)

Purpose: 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

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1111

Federal Funds and Grants Federal Funds Not specifically Identified

$5,117,573 $5,117,573

23.13. Georgia Virtual School

Purpose: 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

23.14. Georgia Youth Science and Technology

Purpose: 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

23.15. Governor's Honors Program

Purpose: 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

23.16. Information Technology Services

Purpose: 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

23.17. Local Five Mill Share

Purpose: 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

($1,440,071,253)

State Funds

($1,440,071,253)

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State General Funds

($1,440,071,253)

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027) ($1,440,262,506) ($1,440,262,506)

Adjust funding for Local Five Mill Share for school systems with declining tax digests.

$191,253

$191,253

Amount appropriated in this Act

($1,440,071,253) ($1,440,071,253)

23.18. National Board Certification

Purpose: 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

$11,438,035

State Funds

$11,438,035

State General Funds

$11,438,035

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$11,038,035 $11,038,035

Add funds to provide for a ten percent salary increase for new teachers achieving National Board Certification.

$400,000

$400,000

Amount appropriated in this Act

$11,438,035 $11,438,035

23.19. National Science Center and Foundation

Purpose: 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

23.20. Non-Quality Basic Education Grants

Purpose: To assure that sufficient funds are provided in order for the State's public school students to receive an effective education.

Total Funds

$20,648,346

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1113

State Funds

$20,648,346

State General Funds

$20,648,346

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$21,088,674 $21,088,674

Align funding for High Performing Principals based on projected expenditures.

($1,870,000) ($1,870,000)

Provide funds to local school systems for children in foster care to comply with SB 618.

$1,429,672

$1,429,672

Amount appropriated in this Act

$20,648,346 $20,648,346

23.21. Nutrition

Purpose: 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 Funds and Grants

$188,375,722

Federal Funds Not specifically Identified

$188,375,722

State Funds

$37,523,884

State General Funds

$37,523,884

23.22. Preschool Handicapped

Purpose: 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

23.23. Principal Supplements

Purpose: 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

23.24. Pupil Transportation Purpose: To assist local school systems in their efforts to provide safe and efficient

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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

23.25. Quality Basic Education Program

Purpose: To provide funds to school systems for the instruction of students in grades K12 to ensure that Georgia's students are academically prepared for further education and the workplace.

Total Funds

$7,585,636,568

State Funds

$7,585,636,568

State General Funds

$7,585,636,568

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027) $7,419,025,063 $7,419,025,063

Provide a mid-term adjustment for enrollment growth of 2.65%.

$164,000,802 $164,000,802

Transfer funds for HB 400 from the Teachers' Retirement System (TRS) to the Department of Education to properly reflect the employer rate increase for TRS members from 9.24% to 9.28%.

$1,758,150

$1,758,150

Add funds to correct an error in the FTE count and provide for students at the Downing Clark Residential Treatment Center.

$452,876

$452,876

Add funds to correct a training and experience calculation error for Chickamauga City schools.

$80,000

$80,000

Provide funds to correct an FTE classification error in the QBE Middle School program for school systems in Barrow, Dawson, Hancock, Johnson, and Walker counties and in the QBE Vocational program in Jones County.

$319,677

$319,677

Amount appropriated in this Act

$7,585,636,568 $7,585,636,568

23.26. Regional Education Service Agencies (RESAs)
Purpose: 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.

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1115

Total Funds State Funds
State General Funds

$11,962,471 $11,962,471 $11,962,471

23.27. School Improvement

Purpose: 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

Other Funding Sources

$100,000

Other Funds Not Specifically Identified

$100,000

State Funds

$11,636,228

State General Funds

$11,636,228

23.28. School Nurses

Purpose: 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

$19,993,118

State General Funds

$10,006,882

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$30,000,000 $30,000,000

Replace tobacco settlement funds with state general funds ($10,006,882) for school nurses.

$0

$0

Amount appropriated in this Act

$30,000,000 $30,000,000

23.29. Severely Emotionally Disturbed (SED)

Purpose: To provide statewide services to parents and educators of students with disabilities.

Total Funds

$75,558,578

Federal Funds and Grants

$7,724,112

Federal Funds Not specifically Identified

$7,724,112

State Funds

$67,834,466

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State General Funds

$67,834,466

23.30. State Interagency Transfers

Purpose: 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 Funds and Grants

$18,888,697

Federal Funds Not specifically Identified

$18,888,697

State Funds

$251,591,693

State General Funds

$251,591,693

23.31. State Reading and Math Program

Purpose: 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

$25,807,493

State Funds

$25,807,493

State General Funds

$25,807,493

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$26,502,770 $26,502,770

Reduce funds based on projected expenditures.

($695,277)

($695,277)

Amount appropriated in this Act

$25,807,493 $25,807,493

23.32. State Schools

Purpose: 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

$21,958,964

Other Funding Sources

$932,715

Other Funds Not Specifically Identified

$932,715

State Funds

$21,026,249

State General Funds

$21,026,249

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$20,198,593 $21,131,308

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1117

Add funds to purchase textbooks and instructional materials for the Georgia Academy for the Blind.
Increase funding to properly reflect training and experience for state school teachers.
Provide funding for Minor Repairs and Renovations (MRR) at the three state schools - the Georgia Academy for the Blind, the Atlanta Area School for the Deaf and the Georgia School for the Deaf.
Amount appropriated in this Act

$100,000 $127,656 $600,000

$100,000 $127,656 $600,000

$21,026,249 $21,958,964

23.33. Technology/Career Education

Purpose: To equip students with academic, technical and leadership skills.

Total Funds

$40,570,499

Federal Funds and Grants

$20,606,546

Federal Funds Not specifically Identified

$20,606,546

Other Funding Sources

$4,009,567

Other Funds Not Specifically Identified

$4,009,567

State Funds

$15,954,386

State General Funds

$15,954,386

23.34. Testing

Purpose: To adopt a student assessment program consisting of instruments, procedures, and policies necessary to implement the program.

Total Funds

$32,454,529

Federal Funds and Grants

$10,454,191

Federal Funds Not specifically Identified

$10,454,191

State Funds

$22,000,338

State General Funds

$22,000,338

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$20,459,829 $30,914,020

Complete the infrastructure around the Comprehensive Academic Performance Systems (CAPS) to include a secure online assessment system for educators.

$200,000

$200,000

Increase funds for Advanced Placement (AP)

$1,165,509

$1,165,509

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($1,076,980) and Preliminary Scholastic Assessment Test (PSAT) ($88,529) to reflect a higher number of students taking the exams.
Revise the Georgia Kindergarten Assessment Program (GKAP) to meet the new curriculum standards.
Amount appropriated in this Act

$175,000 $22,000,338

$175,000 $32,454,529

23.35. Tuition for the Multi-Handicapped

Purpose: 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 Funds and Grants Other Funding Sources
Agency Funds State Funds
State General Funds Intra-State Government Transfers
Retirement Payments

$28,025,158 $0
$2,516,963 $2,516,963 $8,181,069 $8,181,069 $17,327,126 $17,327,126

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.

24.1. Administration

Purpose: To collect employee and employer contributions, invest the accumulated funds, and disburse retirement benefits to members and beneficiaries.

Total Funds

$17,333,126

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1119

State Funds State General Funds
Intra-State Government Transfers Retirement Payments

$6,000 $6,000 $17,327,126 $17,327,126

24.2. Deferred Compensation

Purpose: 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

$2,516,963

Other Funding Sources

$2,516,963

Agency Funds

$2,516,963

24.3. Georgia Military Pension Fund

Purpose: To provide retirement allowances and other benefits for members of the Georgia National Guard.

Total Funds

$1,103,073

State Funds

$1,103,073

State General Funds

$1,103,073

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$1,005,099

$1,005,099

Increase funding for the Georgia Military Pension Fund to the level required by the latest actuarial report.

$97,974

$97,974

Amount appropriated in this Act

$1,103,073

$1,103,073

24.4. Public School Employees' Retirement System

Purpose: 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

Section 25: Forestry Commission, State

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Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources
Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers

$40,283,810 $822,000 $822,000
$4,978,638 $836,694
$4,141,944 $34,483,172 $34,483,172
$0

25.1. Administration

Purpose: 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

$4,397,339

Other Funding Sources

$173,027

Agency Funds

$173,027

State Funds

$4,224,312

State General Funds

$4,224,312

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$4,491,830

$4,664,857

Transfer funds from the Administration program to the Forest Management program to accurately reflect expenditures.

($248,449)

($248,449)

Realize CNG savings by redirecting funds from the Administration program to the Forest Protection program to provide $19,069 for moderate fire season equipment maintenance needs.

($19,069)

($19,069)

Amount appropriated in this Act

$4,224,312

$4,397,339

25.2. Forest Management

Purpose: The purpose is to survey 20% of permanently established forest survey plots annually to gather forest health and inventory data.

Total Funds

$4,609,219

Federal Funds and Grants

$552,000

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1121

Federal Funds Not specifically Identified

$552,000

Other Funding Sources

$627,500

Agency Funds

$127,500

Other Funds Not Specifically Identified

$500,000

State Funds

$3,429,719

State General Funds

$3,429,719

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$3,181,270

$4,360,770

Transfer funds from the Administration program to the Forest Management program to accurately reflect expenditures.

$248,449

$248,449

Amount appropriated in this Act

$3,429,719

$4,609,219

25.3. Forest Protection

Purpose: The purpose is to protect the public and forest resources.

Total Funds

$29,811,206

Federal Funds and Grants

$200,000

Federal Funds Not specifically Identified

$200,000

Other Funding Sources

$2,676,611

Agency Funds

$536,167

Other Funds Not Specifically Identified

$2,140,444

State Funds

$26,934,595

State General Funds

$26,934,595

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$26,346,446 $29,223,057

Realize CNG savings by redirecting funds from the Administration program to the Forest Protection program to provide $19,069 for moderate fire season equipment maintenance needs.

$19,069

$19,069

Provide funds for 3 new crawlers and 24 environmental cab kits for crawlers.

$569,080

$569,080

Amount appropriated in this Act

$26,934,595 $29,811,206

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25.4. Tree Improvement

Purpose: 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

25.5. Tree Seedling Nursery

Purpose: Producing adequate quantity of high quality forest tree seedlings for sale at reasonable cost to Georgia landowners.

Total Funds

$1,347,387

Federal Funds and Grants

$70,000

Federal Funds Not specifically Identified

$70,000

Other Funding Sources

$1,501,500

Other Funds Not Specifically Identified

$1,501,500

State Funds

($224,113)

State General Funds

($224,113)

Section 26: Governor, Office of the Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources
Other Funds Not Specifically Identified State Funds
State General Funds Intra-State Government Transfers

$60,739,241 $5,552,103 $5,552,103 $885,545 $885,545
$54,301,593 $54,301,593
$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.

26.1. Governor's Emergency Funds

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1123

Purpose: To provide emergency funds to draw on when disasters create extraordinary demands on government.

Total Funds

$14,469,576

State Funds

$14,469,576

State General Funds

$14,469,576

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$3,469,576

$3,469,576

Provide funding to match federal grant funds to cover disaster assistance.

$11,000,000 $11,000,000

Amount appropriated in this Act

$14,469,576 $14,469,576

26.2. Governor's Office

Purpose: 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

$7,344,359

State Funds

$7,344,359

State General Funds

$7,344,359

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$5,244,359

$5,244,359

Delete one-time funding for gubernatorial transition.

($50,000)

($50,000)

Create Governor's Litigation Fund for known legal expenses of executive branch agencies.

$2,150,000

$2,150,000

Amount appropriated in this Act

$7,344,359

$7,344,359

26.3. Office of Planning and Budget

Purpose: 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 following appropriations are for agencies attached for administrative

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purposes.

26.4. Arts, Georgia Council for the

Purpose: To provide general operation support and project support grants for art organizations.

Total Funds

$4,650,360

Federal Funds and Grants

$659,400

Federal Funds Not specifically Identified

$659,400

Other Funding Sources

$10,000

Other Funds Not Specifically Identified

$10,000

State Funds

$3,980,960

State General Funds

$3,980,960

26.5. Child Advocate, Office of the

Purpose: 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

26.6. Commission on Equal Opportunity

Purpose: 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 Funds and Grants

$387,217

Federal Funds Not specifically Identified

$387,217

State Funds

$662,395

State General Funds

$662,395

26.7. Consumer Affairs, Office of

Purpose: 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

Other Funding Sources

$567,689

Other Funds Not Specifically Identified

$567,689

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1125

State Funds State General Funds

$6,448,274 $6,448,274

26.8. Georgia Emergency Management Agency

Purpose: 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

$6,673,229

Federal Funds and Grants

$4,127,556

Federal Funds Not specifically Identified

$4,127,556

Other Funding Sources

$307,856

Other Funds Not Specifically Identified

$307,856

State Funds

$2,237,817

State General Funds

$2,237,817

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$2,112,817

$6,548,229

Provide funding for an uninterruptible power supply for the State Operations Center.

$125,000

$125,000

Amount appropriated in this Act

$2,237,817

$6,673,229

26.9. Homeland Security, Office of

Purpose: 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

26.10. Inspector General, Office of the State

Purpose: 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

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26.11. Professional Standards Commission, Georgia

Purpose: To direct the preparation, certification, professional discipline and recruitment of educators in Georgia.

Total Funds

$6,966,421

Federal Funds and Grants

$111,930

Federal Funds Not specifically Identified

$111,930

State Funds

$6,854,491

State General Funds

$6,854,491

26.12. Student Achievement, Office of

Purpose: To improve student achievement and school completion in Georgia.

Total Funds

$1,429,376

Federal Funds and Grants

$266,000

Federal Funds Not specifically Identified

$266,000

State Funds

$1,163,376

State General Funds

$1,163,376

Section 27: Human Resources, Department of Total Funds Federal Funds and Grants
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 Community Services Block Grant Low-Income Home Energy Assistance TANF Block Grant Unobligated Balance

$3,111,631,592 $1,451,655,095
$345,458,864
$50,486,793 $55,335,941 $49,388,792 $17,348,033 $130,778,804
$4,203,961
$12,840,422
$50,960,435
$17,189,252 $18,970,241 $152,653,396

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1127

Federal Funds Not specifically Identified Other Funding Sources
Agency Funds Other Funds Not Specifically Identified State Funds Tobacco Funds Brain and Spinal Injury Trust Fund State General Funds Intra-State Government Transfers Other Intra-State Government Payments

$546,040,161 $209,108,168 $185,333,800
$23,774,368 $1,444,837,785
$28,568,139 $3,007,691
$1,413,261,955 $6,030,544 $6,030,544

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

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subsidized employment.

27.1. Administration

Purpose: To provide administration and support for the Divisions and Operating Office.

Total Funds

$236,306,019

Federal Funds and Grants

$120,203,342

Temporary Assistance for Needy Families Block Grant

$22,801,557

Social Services Block Grant

$5,425,106

Child Care and Development Block Grant

$716,038

Foster Care Title IV-E

$8,109,514

Medical Assistance Program

$29,579,631

Preventive Health and Health Services Block Grant

$31,070

Community Services Block Grant

$4,069

Low-Income Home Energy Assistance

$346,557

Federal Funds Not specifically Identified

$53,189,800

Other Funding Sources

$5,872,059

Agency Funds

$2,247,708

Other Funds Not Specifically Identified

$3,624,351

State Funds

$110,230,615

Tobacco Funds

$321,984

State General Funds

$109,908,631

Intra-State Government Transfers

$3

Other Intra-State Government Payments

$3

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$110,218,587 $236,293,991

Adjust other funds in various programs to match actual expenditures.

$0

$0

Properly align fund sources to reflect flex amendments.

$12,028

$12,028

Amount appropriated in this Act

$110,230,615 $236,306,019

27.2. Adolescent and Adult Health Promotion Purpose: To provide education and services to promote the health and well being of

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1129

Georgians. Activities include preventing teenage pregnancies, tobacco use prevention, cancer screening and prevention, and family planning services.

Total Funds

$46,344,966

Federal Funds and Grants

$28,078,087

Temporary Assistance for Needy Families Block Grant

$8,738,374

Maternal and Child Health Services Block Grant

$1,087,109

Medical Assistance Program

$25,632

Preventive Health and Health Services Block Grant

$41,694

TANF Block Grant Unobligated Balance

$11,858,523

Federal Funds Not specifically Identified

$6,326,755

State Funds

$18,266,879

Tobacco Funds

$4,874,988

State General Funds

$13,391,891

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$18,266,879 $46,344,969

Adjust other funds in various programs to match actual expenditures.

$0

($3)

Amount appropriated in this Act

$18,266,879 $46,344,966

27.3. Adoption Services

Purpose: To support and facilitate the safe permanent placement of children by prescreening families and providing support and financial services after adoption.

Total Funds

$69,586,470

Federal Funds and Grants

$36,632,278

Temporary Assistance for Needy Families Block Grant

$12,000,000

Federal Funds Not specifically Identified

$24,632,278

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 (HB1027)

$32,954,192 $69,586,471

Adjust other funds in various programs to match actual expenditures.

$0

($1)

Amount appropriated in this Act

$32,954,192 $69,586,470

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27.4. Adult Addictive Disease Services

Purpose: To provide services to adults for the safe withdrawal from abused substances and promote a transition to productive living.

Total Funds

$70,391,538

Federal Funds and Grants

$26,315,437

Temporary Assistance for Needy Families Block Grant

$1

Prevention and Treatment of Substance Abuse Block Grant

$26,315,435

Federal Funds Not specifically Identified

$1

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 (HB1027)

$44,076,101 $70,391,545

Adjust other funds in various programs to match actual expenditures.

$0

($7)

Provide state funds to meet projected expenditures in state hospitals.

$0

$0

Amount appropriated in this Act

$44,076,101 $70,391,538

27.5. Adult Developmental Disabilities Services

Purpose: To provide evaluation, residential, support, and education services to promote independence for adults with developmental disabilities.

Total Funds

$330,416,562

Federal Funds and Grants

$92,136,871

Temporary Assistance for Needy Families Block Grant

$27,016,394

Social Services Block Grant

$30,636,459

Medical Assistance Program

$34,322,146

TANF Block Grant Unobligated Balance

$2

Federal Funds Not specifically Identified

$161,870

Other Funding Sources

$53,767,742

Agency Funds

$53,767,735

Other Funds Not Specifically Identified

$7

State Funds

$184,511,949

Tobacco Funds

$10,255,138

State General Funds

$174,256,811

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1131

27.6. Adult Essential Health Treatment Services

Purpose: To provide treatment and services to low income Georgians with cancer, Georgians at risk of stroke or heart attacks, and refugees.

Total Funds

$11,753,114

Federal Funds and Grants

$1,334,612

Medical Assistance Program

$1

Preventive Health and Health Services Block Grant

$1,210,877

Federal Funds Not specifically Identified

$123,734

State Funds

$10,418,502

Tobacco Funds

$5,000,000

State General Funds

$5,418,502

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$9,968,502 $11,303,114

Increase funding to purchase factor concentrate for people with hemophilia who lack Medicaid, Medicare or other health insurance.

$450,000

$450,000

Amount appropriated in this Act

$10,418,502 $11,753,114

27.7. Adult Forensic Services

Purpose: To provide evaluation, treatment and residential services to adult clients referred by Georgia's criminal justice or corrections system.

Total Funds

$26,986,249

Federal Funds and Grants

$1,115,408

Federal Funds Not specifically Identified

$1,115,408

State Funds

$25,870,841

State General Funds

$25,870,841

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$25,870,841 $26,986,253

Adjust other funds in various programs to match actual expenditures.

$0

($4)

Amount appropriated in this Act

$25,870,841 $26,986,249

1132

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27.8. Adult Mental Health Services

Purpose: To provide evaluation, treatment, crisis stabilization, and residential services to adults with mental illness.

Total Funds

$182,148,604

Federal Funds and Grants

$12,427,929

Medical Assistance Program

$709,000

Community Mental Health Services Block Grant

$7,474,598

Federal Funds Not specifically Identified

$4,244,331

Other Funding Sources

$2,935,704

Agency Funds

$2,935,704

State Funds

$166,784,971

State General Funds

$166,784,971

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$162,284,971 $177,648,604

Provide continuation funding for the state hospital system deficit. Funds are to be distributed between the Adult Mental Health Services program and the Direct Care Support Services program to support direct care and clinical services for consumers.

$4,500,000

$4,500,000

Amount appropriated in this Act

$166,784,971 $182,148,604

27.9. Adult Nursing Home Services

Purpose: To provide skilled nursing home services to Georgian's with mental retardation or developmental disabilities.

Total Funds

$3,914,246

Federal Funds and Grants

$14,553

Social Services Block Grant

$1

Medical Assistance Program

$1

Federal Funds Not specifically Identified

$14,551

Other Funding Sources

$1,547,242

Agency Funds

$1,547,240

Other Funds Not Specifically Identified

$2

State Funds

$2,352,451

State General Funds

$2,352,451

The above amounts include the following adjustments, additions, and deletions to the

TUESDAY, MARCH 20, 2007

1133

previous appropriation act:
Amount from prior Appropriation Act (HB1027) Adjust other funds in various programs to match actual expenditures. Amount appropriated in this Act

State Funds $2,352,451
$0
$2,352,451

Total Funds $3,914,246
$0
$3,914,246

27.10. After School Care

Purpose: To expand the provision of after school care services and draw down TANF maintenance of effort funds.

Total Funds

$34,000,000

Federal Funds and Grants

$11,000,000

Temporary Assistance for Needy Families Block Grant

$11,000,000

Other Funding Sources

$20,000,000

Other Funds Not Specifically Identified

$20,000,000

State Funds

$3,000,000

State General Funds

$3,000,000

27.11. Child and Adolescent Addictive Disease Services

Purpose: To provide services to children and adolescents for the safe withdrawal from abused substances and promote a transition to productive living.

Total Funds

$26,550,111

Federal Funds and Grants

$16,939,372

Medical Assistance Program

$1

Prevention and Treatment of Substance Abuse Block Grant

$14,452,912

Federal Funds Not specifically Identified

$2,486,459

State Funds

$9,610,739

State General Funds

$9,610,739

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$9,610,739 $26,550,114

Adjust other funds in various programs to match actual expenditures.

$0

($3)

Amount appropriated in this Act

$9,610,739 $26,550,111

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27.12. Child and Adolescent Developmental Disabilities Services

Purpose: To provide evaluation, residential, support, and education services to promote independence for children and adolescents with developmental disabilities.

Total Funds

$22,726,848

Federal Funds and Grants

$9,997,858

Temporary Assistance for Needy Families Block Grant

$3,487,988

Social Services Block Grant

$1

Medical Assistance Program

$6,509,867

TANF Block Grant Unobligated Balance

$1

Federal Funds Not specifically Identified

$1

State Funds

$12,728,990

State General Funds

$12,728,990

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$12,473,193 $22,471,055

Adjust other funds in various programs to match actual expenditures.

$0

($4)

Transfer the remaining contract funds from the American Association of Adapted Sports Program contract from the Department of Labor's Roosevelt Warm Springs Institute program to the Child and Adolescent Developmental Disabilities Services program.

$5,797

$5,797

Provide additional funding for American Association of Adapted Sports Program.

$250,000

$250,000

Amount appropriated in this Act

$12,728,990 $22,726,848

27.13. Child and Adolescent Forensic Services

Purpose: To provide evaluation, treatment and residential services to children and adolescents clients referred by Georgia's criminal justice or corrections system.

Total Funds

$4,083,114

Federal Funds and Grants

$276,007

Medical Assistance Program

$276,006

Federal Funds Not specifically Identified

$1

Other Funding Sources

$6

Agency Funds

$2

TUESDAY, MARCH 20, 2007

1135

Other Funds Not Specifically Identified

$4

State Funds

$2,869,514

State General Funds

$2,869,514

Intra-State Government Transfers

$937,587

Other Intra-State Government Payments

$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 (HB1027)

$2,869,514

$4,083,114

Adjust other funds in various programs to match actual expenditures.

$0

$0

Amount appropriated in this Act

$2,869,514

$4,083,114

27.14. Child and Adolescent Mental Health Services

Purpose: To provide evaluation, treatment, crisis stabilization, and residential services to children and adolescents with mental illness.

Total Funds

$73,897,686

Federal Funds and Grants

$5,368,941

Medical Assistance Program

$3,117

Community Mental Health Services Block Grant

$5,365,824

State Funds

$68,528,745

State General Funds

$68,528,745

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$68,528,745 $73,897,697

Adjust other funds in various programs to match actual expenditures.

$0

($11)

Amount appropriated in this Act

$68,528,745 $73,897,686

27.15. Child Care Services

Purpose: To investigate allegations of child abuse, abandonment and neglect and to provide services to protect the child and strengthen the family.

Total Funds

$232,824,075

Federal Funds and Grants

$175,018,410

Temporary Assistance for Needy Families Block Grant

$1

Social Services Block Grant

$90

1136

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Child Care and Development Block Grant

$54,619,903

Federal Funds Not specifically Identified

$120,398,416

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 (HB1027)

$57,805,665 $232,824,076

Adjust other funds in various programs to match actual expenditures.

$0

($1)

Amount appropriated in this Act

$57,805,665 $232,824,075

27.16. Child Support Services

Purpose: 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

$67,490,788

Federal Funds and Grants

$51,081,316

Social Services Block Grant

$120,000

Federal Funds Not specifically Identified

$50,961,316

Other Funding Sources

$300,000

Agency Funds

$300,000

State Funds

$16,109,472

State General Funds

$16,109,472

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$16,121,500 $67,502,816

Properly align fund sources to reflect flex amendments.

($12,028)

($12,028)

Amount appropriated in this Act

$16,109,472 $67,490,788

27.17. Child Welfare Services

Purpose: To encourage and enforce the parental responsibility of paying financial support.

Total Funds

$253,827,694

Federal Funds and Grants

$176,567,396

Temporary Assistance for Needy Families Block Grant

$79,263,725

TUESDAY, MARCH 20, 2007

1137

Social Services Block Grant

$8,264,167

Foster Care Title IV-E

$16,809,925

Medical Assistance Program

$331,449

Federal Funds Not specifically Identified

$71,898,130

Other Funding Sources

$13,490,607

Agency Funds

$13,490,604

Other Funds Not Specifically Identified

$3

State Funds

$63,769,691

State General Funds

$63,769,691

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$63,769,691 $254,327,694

Decrease TANF funding for prevention of unnecessary placement activities.

$0

($500,000)

Amount appropriated in this Act

$63,769,691 $253,827,694

27.18. Direct Care Support Services

Purpose: To provide facility support services and direct patient support therapies.

Total Funds

$155,764,516

Federal Funds and Grants

$6,120,306

Medical Assistance Program

$6

Federal Funds Not specifically Identified

$6,120,300

Other Funding Sources

$42,343,799

Agency Funds

$42,343,799

State Funds

$102,207,457

State General Funds

$102,207,457

Intra-State Government Transfers

$5,092,954

Other Intra-State Government Payments

$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 (HB1027)

$97,707,457 $151,264,516

Adjust other funds in various programs to match actual expenditures.

$0

$0

Provide continuation funding for the state hospital

$4,500,000

$4,500,000

1138

JOURNAL OF THE HOUSE

system deficit. Funds are to be distributed between the Adult Mental Health Services and the Direct Care Support Services programs to support direct care and clinical services to consumers.
Amount appropriated in this Act

$102,207,457 $155,764,516

27.19. Elder Abuse Investigations and Prevention

Purpose: To prevent disabled adults and elder persons from abuse, exploitation and neglect, and investigate situations where it might have occurred.

Total Funds

$16,574,750

Federal Funds and Grants

$7,024,297

Social Services Block Grant

$2,279,539

Medical Assistance Program

$4,178,063

Federal Funds Not specifically Identified

$566,695

State Funds

$9,550,453

State General Funds

$9,550,453

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$9,475,604 $16,499,901

Properly align fund sources to reflect flex amendments.

$74,849

$74,849

Amount appropriated in this Act

$9,550,453 $16,574,750

27.20. Elder Community Living Services

Purpose: To provide Georgians who need nursing home level of care the option of remaining in their own communities.

Total Funds

$107,514,762

Federal Funds and Grants

$34,184,121

Social Services Block Grant

$3,761,430

Medical Assistance Program

$10,593,398

Federal Funds Not specifically Identified

$19,829,293

State Funds

$73,330,641

Tobacco Funds

$5,480,893

State General Funds

$67,849,748

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

TUESDAY, MARCH 20, 2007

1139

Amount from prior Appropriation Act (HB1027) Properly align fund sources to reflect flex amendments. Amount appropriated in this Act

State Funds $73,397,916
($67,275)

Total Funds $107,582,037
($67,275)

$73,330,641 $107,514,762

27.21. Elder Support Services

Purpose: 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

$9,290,814

Federal Funds and Grants

$5,470,220

Federal Funds Not specifically Identified

$5,470,220

State Funds

$3,820,594

Tobacco Funds

$2,519,499

State General Funds

$1,301,095

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$3,403,168

$8,873,388

Properly align fund sources to reflect flex amendments.

($7,574)

($7,574)

Provide funding for Adult Day Services licensure as provided for in House Bill 318 (2003 Session).

$400,000

$400,000

Provide one-time funding for the expansion of the Ruth Byck Adult Day Care in Savannah, GA.

$25,000

$25,000

Amount appropriated in this Act

$3,820,594

$9,290,814

27.22. Eligibility Determination

Purpose: 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 Funds and Grants

$24,377,800

Medical Assistance Program

$24,377,800

State Funds

$25,928,044

State General Funds

$25,928,044

The above amounts include the following adjustments, additions, and deletions to the

1140

JOURNAL OF THE HOUSE

previous appropriation act:
Amount from prior Appropriation Act (HB1027) Adjust other funds in various programs to match actual expenditures. Amount appropriated in this Act

State Funds $25,928,044
$0
$25,928,044

Total Funds $50,305,845
($1)
$50,305,844

27.23. Emergency Preparedness/Trauma System Improvement

Purpose: To prepare for natural disasters, bioterrorism, and other emergencies as well as improving the capacity of the state's trauma system.

Total Funds

$15,041,272

Federal Funds and Grants

$1,147,511

Preventive Health and Health Services Block Grant

$1,147,504

Federal Funds Not specifically Identified

$7

State Funds

$13,893,761

State General Funds

$13,893,761

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$5,893,761

$7,041,272

Provide funding for antiviral medications to treat pandemic flu.

$7,000,000

$7,000,000

Provide funding for a research grant to discover proactive therapies for pandemic flu and other pathogenic viruses in collaboration with the University of Georgia.

$1,000,000

$1,000,000

Amount appropriated in this Act

$13,893,761 $15,041,272

27.25. Energy Assistance

Purpose: To assist low-income households in meeting their immediate home energy needs.

Total Funds

$18,623,684

Federal Funds and Grants

$18,623,684

Low-Income Home Energy Assistance

$18,623,684

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

TUESDAY, MARCH 20, 2007

1141

Amount from prior Appropriation Act (HB1027) Adjust other funds in various programs to match actual expenditures. Amount appropriated in this Act

State Funds $0 $0
$0

Total Funds $18,623,687
($3)
$18,623,684

27.26. Epidemiology

Purpose: To monitor, investigate, and respond to disease, injury, and other events of public health concern.

Total Funds

$5,909,588

Federal Funds and Grants

$372,351

Medical Assistance Program

$159,960

Preventive Health and Health Services Block Grant

$196,750

Federal Funds Not specifically Identified

$15,641

State Funds

$5,537,237

Tobacco Funds

$115,637

State General Funds

$5,421,600

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$5,237,237

$5,609,595

Adjust other funds in various programs to match actual expenditures.

$0

($7)

Provide funding for a specially equipped bus to perform sickle cell anemia testing throughout the state of Georgia.

$300,000

$300,000

Amount appropriated in this Act

$5,537,237

$5,909,588

27.27. Facility and Provider Regulation

Purpose: To inspect and license foster care residential facilities, child placing agencies, long term care and health care facilities.

Total Funds

$14,092,884

Federal Funds and Grants

$6,632,801

Medical Assistance Program

$2,242,375

Federal Funds Not specifically Identified

$4,390,426

State Funds

$7,460,083

State General Funds

$7,460,083

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27.28. Family Violence Services

Purpose: To provide safe shelter and related services for victims of family violence.

Total Funds

$10,501,380

Federal Funds and Grants

$5,849,430

Temporary Assistance for Needy Families Block Grant

$5,565,244

Federal Funds Not specifically Identified

$284,186

State Funds

$4,651,950

State General Funds

$4,651,950

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$4,651,950 $10,001,380

Increase TANF funding for family violence services.

$0

$500,000

Amount appropriated in this Act

$4,651,950 $10,501,380

27.29. Federal and Unobligated Balances

Purpose: To reflect balances of federal funds from prior years. No services are provided.

Total Funds

$131,448,509

Federal Funds and Grants

$131,448,509

TANF Block Grant Unobligated Balance

$110,856,906

Federal Funds Not specifically Identified

$20,591,603

27.30. Food Stamp Eligibility & Benefits

Purpose: To promote the nutritional well being of Georgia's low-income families and children by providing assistance in purchasing groceries.

Total Funds

$53,632,272

Federal Funds and Grants

$29,693,546

Federal Funds Not specifically Identified

$29,693,546

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 (HB1027)

$23,938,726 $53,632,273

Adjust other funds in various programs to match

$0

($1)

TUESDAY, MARCH 20, 2007

1143

actual expenditures. Amount appropriated in this Act

$23,938,726 $53,632,272

27.31. Immunization

Purpose: To provide immunization, consultation, training, assessment, vaccines and technical assistance.

Total Funds

$18,031,001

Federal Funds and Grants

$8,817,897

Maternal and Child Health Services Block Grant

$6,762,746

Medical Assistance Program

$1

Preventive Health and Health Services Block Grant

$703,712

Federal Funds Not specifically Identified

$1,351,438

State Funds

$9,213,104

State General Funds

$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 (HB1027)

$9,213,104 $18,031,002

Adjust other funds in various programs to match actual expenditures.

$0

($1)

Amount appropriated in this Act

$9,213,104 $18,031,001

27.32. Infant and Child Essential Health Treatment Services Purpose: To avoid unnecessary health problems in later life by providing comprehensive health services to infant and children.
Total Funds Federal Funds and Grants
Maternal and Child Health Services Block Grant Medical Assistance Program Preventive Health and Health Services Block Grant Federal Funds Not specifically Identified State Funds State General Funds

$48,066,684 $11,496,480 $7,960,921
$354,742 $267,356 $2,913,461 $36,570,204 $36,570,204

27.33. Infant and Child Health Promotion Purpose: To provide education and services to promote health and nutrition for infants

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JOURNAL OF THE HOUSE

and children.

Total Funds

$112,547,063

Federal Funds and Grants

$92,696,153

Maternal and Child Health Services Block Grant

$1,258,688

Medical Assistance Program

$5,929,362

Preventive Health and Health Services Block Grant

$156,221

Federal Funds Not specifically Identified

$85,351,882

Other Funding Sources

$2,281,920

Agency Funds

$2,281,919

Other Funds Not Specifically Identified

$1

State Funds

$17,568,990

State General Funds

$17,568,990

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$15,738,490 $110,716,563

Provide funding for newborn screening activities to replace fees lost in the change of implementation date.

$830,500

$830,500

Provide additional funding for the Babies Born Healthy program.

$1,000,000

$1,000,000

Amount appropriated in this Act

$17,568,990 $112,547,063

27.34. Infectious Disease Control

Purpose: To ensure quality prevention and treatment of HIV/AIDS, sexually transmitted diseases, tuberculosis, and other infectious diseases.

Total Funds

$46,632,609

Federal Funds and Grants

$11,144,644

Maternal and Child Health Services Block Grant

$83,866

Medical Assistance Program

$4

Federal Funds Not specifically Identified

$11,060,774

Other Funding Sources

$150,000

Other Funds Not Specifically Identified

$150,000

State Funds

$35,337,965

State General Funds

$35,337,965

TUESDAY, MARCH 20, 2007

1145

27.35. Injury Prevention

Purpose: To provide education and services to prevent injuries due to suicide, fires, automobile accidents, violence against women, shaken babies, and child accidents.

Total Funds

$1,046,635

Federal Funds and Grants

$112,013

Medical Assistance Program

$1

Preventive Health and Health Services Block Grant

$112,005

Federal Funds Not specifically Identified

$7

State Funds

$934,622

State General Funds

$934,622

27.36. Inspections and Environmental Hazard Control

Purpose: 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

$15,015,325

Federal Funds and Grants

$543,737

Maternal and Child Health Services Block Grant

$194,703

Medical Assistance Program

$12,258

Preventive Health and Health Services Block Grant

$336,772

Federal Funds Not specifically Identified

$4

State Funds

$14,471,588

State General Funds

$14,471,588

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$14,471,588 $15,015,326

Adjust other funds in various programs to match actual expenditures.

$0

($1)

Amount appropriated in this Act

$14,471,588 $15,015,325

27.37. Out-of-Home Care

Purpose: To provide safe and appropriate temporary homes for children removed from their families due to neglect, abuse, or abandonment.

Total Funds

$305,403,203

Federal Funds and Grants

$90,971,341

Temporary Assistance for Needy Families Block Grant

$61,940,799

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JOURNAL OF THE HOUSE

Foster Care Title IV-E Federal Funds Not specifically Identified Other Funding Sources Agency Funds State Funds State General Funds

$24,469,353 $4,561,189
$66,419,089 $66,419,089 $148,012,773 $148,012,773

27.38. Refugee Assistance

Purpose: To provide employment, health screening, medical, cash, and social services assistance to refugees.

Total Funds

$3,184,010

Federal Funds and Grants

$3,184,010

Federal Funds Not specifically Identified

$3,184,010

27.39. Substance Abuse Prevention Services

Purpose: 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

$11,271,177

Federal Funds and Grants

$10,512,486

Prevention and Treatment of Substance Abuse Block Grant

$10,192,088

Federal Funds Not specifically Identified

$320,398

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 (HB1027)

$758,691 $11,271,181

Adjust other funds in various programs to match actual expenditures.

$0

($4)

Amount appropriated in this Act

$758,691 $11,271,177

27.40. Support for Needy Families - Basic Assistance

Purpose: 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

$99,968,339

Federal Funds and Grants

$85,568,339

TUESDAY, MARCH 20, 2007

1147

Temporary Assistance for Needy Families Block Grant TANF Block Grant Unobligated Balance State Funds State General Funds

$55,630,375 $29,937,964 $14,400,000 $14,400,000

27.41. Support for Needy Families - Family Assistance

Purpose: 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

$82,492,899

Federal Funds and Grants

$64,126,846

Temporary Assistance for Needy Families Block Grant

$24,877,127

Medical Assistance Program

$9,905,211

Community Services Block Grant

$17,185,183

Federal Funds Not specifically Identified

$12,159,325

State Funds

$18,366,053

State General Funds

$18,366,053

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$17,902,053 $82,028,899

Provide funding for DFCS office expansions, renovations, or relocations in the following counties: Oconee ($50,000), Walton ($120,000), Carroll ($245,000) and Treutlen ($49,000).

$464,000

$464,000

Amount appropriated in this Act

$18,366,053 $82,492,899

27.42. Support for Needy Families - Work Assistance

Purpose: 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

$57,687,281

Federal Funds and Grants

$31,687,281

Temporary Assistance for Needy Families Block Grant

$31,687,279

Medical Assistance Program

$1

Federal Funds Not specifically Identified

$1

State Funds

$26,000,000

State General Funds

$26,000,000

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27.43. Vital Records

Purpose: To register, enter, archive and provide to the public in a timely manner, vital records and associated documents.

Total Funds

$2,586,845

Federal Funds and Grants

$360,702

Federal Funds Not specifically Identified

$360,702

State Funds

$2,226,143

State General Funds

$2,226,143

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$2,226,143

$2,586,847

Adjust other funds in various programs to match actual expenditures.

$0

($2)

Amount appropriated in this Act

$2,226,143

$2,586,845

The following appropriations are for agencies attached for administrative purposes.

27.44. Brain and Spinal Injury Trust Fund

Purpose: 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

27.45. Child Fatality Review Panel

Purpose: To permit low income families to be self-reliant while protecting the safety and well-being of their children by ensuring access to child care.

Total Funds

$338,832

State Funds

$338,832

State General Funds

$338,832

27.46. Children's Trust Fund Commission
Purpose: To support the establishment of community-based educational and service programs designed to reduce the occurrence of child abuse and neglect.

TUESDAY, MARCH 20, 2007

1149

Total Funds

$7,744,828

Federal Funds and Grants

$250,000

Temporary Assistance for Needy Families Block Grant

$250,000

State Funds

$7,494,828

State General Funds

$7,494,828

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$7,244,828

$7,494,830

Adjust other funds in various programs to match actual expenditures.

$0

($2)

Provide one-time funding to the Children's Advocacy Centers of Georgia for a web-based case tracking system.

$250,000

$250,000

Amount appropriated in this Act

$7,494,828

$7,744,828

27.47. Council on Aging

Purpose: 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

27.48. Developmental Disabilities, Council on

Purpose: To promote quality services and support for people with developmental disabilities and their families.

Total Funds

$2,291,707

Federal Funds and Grants

$2,262,002

Federal Funds Not specifically Identified

$2,262,002

State Funds

$29,705

State General Funds

$29,705

27.49. Family Connection

Purpose: To provide a statewide network of county collaboratives that work to improve conditions for children and families.

Total Funds

$11,856,343

Federal Funds and Grants

$2,468,771

1150

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Temporary Assistance for Needy Families Block Grant Medical Assistance Program State Funds State General Funds

$1,200,000 $1,268,771 $9,387,572 $9,387,572

27.50. Sexual Offender Registration Review Board

Purpose: To protect the citizens of Georgia by ensuring the proper level classification of a convicted sexual offender prior to release from confinement.

Total Funds

$336,000

State Funds

$336,000

State General Funds

$336,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$0

$0

Provide funding for the Sexual Offender Registration Review Board.

$336,000

$336,000

Amount appropriated in this Act

$336,000

$336,000

Section 28: Insurance, Department of Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources
Other Funds Not Specifically Identified State Funds
State General Funds Intra-State Government Transfers

$18,738,528 $954,555 $954,555 $97,232 $97,232
$17,686,741 $17,686,741
$0

28.1. Administration

Purpose: 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

TUESDAY, MARCH 20, 2007

1151

28.2. Enforcement

Purpose: 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

28.3. Fire Safety

Purpose: 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 Funds and Grants

$954,555

Federal Funds Not specifically Identified

$954,555

Other Funding Sources

$97,232

Other Funds Not Specifically Identified

$97,232

State Funds

$5,134,731

State General Funds

$5,134,731

28.4. Industrial Loan

Purpose: 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

28.5. Insurance Regulation

Purpose: 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

28.6. Special Fraud

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

Total Funds

$3,102,764

1152

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State Funds State General Funds

$3,102,764 $3,102,764

Section 29: Investigation, Georgia Bureau of Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources
Other Funds Not Specifically Identified State Funds
State General Funds Intra-State Government Transfers

$101,383,836 $29,883,487 $29,883,487 $4,887,711 $4,887,711 $66,612,638 $66,612,638 $0

29.1. Administration

Purpose: 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

$9,581,362

Federal Funds and Grants

$6,812

Federal Funds Not specifically Identified

$6,812

Other Funding Sources

$1,434

Other Funds Not Specifically Identified

$1,434

State Funds

$9,573,116

State General Funds

$9,573,116

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$9,634,077

$9,642,323

Realize CNG savings by redirecting funds to the Regional Investigative Services program ($74,157 total) to fund one-time costs associated with the Meth Force enhancement.

($60,961)

($60,961)

Amount appropriated in this Act

$9,573,116

$9,581,362

29.2. Centralized Scientific Services Purpose: To provide analysis of illicit and licit drugs, unknown substances and fire

TUESDAY, MARCH 20, 2007

1153

debris evidence.

Total Funds

$12,959,113

Other Funding Sources

$3,601

Other Funds Not Specifically Identified

$3,601

State Funds

$12,955,512

State General Funds

$12,955,512

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$12,605,551 $12,609,152

Realize CNG savings by redirecting funds to the Regional Investigative Services program ($74,157 total) to fund one-time costs associated with the Meth Force enhancement.

($39)

($39)

Realign personal services in Regional Forensic Services and Centralized Scientific Services programs to accurately reflect program expenditures.

$350,000

$350,000

Amount appropriated in this Act

$12,955,512 $12,959,113

29.3. Criminal Justice Information Services

Purpose: To provide fingerprint identification and processing of criminal history source documents to create and update criminal history records.

Total Funds

$9,668,081

Other Funding Sources

$2,604

Other Funds Not Specifically Identified

$2,604

State Funds

$9,665,477

State General Funds

$9,665,477

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$9,678,634

$9,681,238

Realize CNG savings by redirecting funds to the Regional Investigative Services program ($74,157 total) to fund one-time costs associated with the Meth Force enhancement.

($13,157)

($13,157)

Amount appropriated in this Act

$9,665,477

$9,668,081

1154

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29.4. Georgia Information Sharing and Analysis Center (GISAC)

Purpose: 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-theclock access to needed information.

Total Funds

$824,753

Other Funding Sources

$479

Other Funds Not Specifically Identified

$479

State Funds

$824,274

State General Funds

$824,274

29.5. Regional Forensic Services

Purpose: To provide pathology services to determine cause and manner of death.

Total Funds

$7,867,921

Other Funding Sources

$2,255

Other Funds Not Specifically Identified

$2,255

State Funds

$7,865,666

State General Funds

$7,865,666

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$8,215,666

$8,217,921

Realign personal services in Regional Forensic Services and Centralized Scientific Services programs to accurately reflect program expenditures.

($350,000)

($350,000)

Amount appropriated in this Act

$7,865,666

$7,867,921

29.6. Regional Investigative Services

Purpose: To identify, collect, preserve and process evidence located during crime scene examinations.

Total Funds

$21,862,667

Other Funding Sources

$204,482

Other Funds Not Specifically Identified

$204,482

State Funds

$21,658,185

State General Funds

$21,658,185

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

TUESDAY, MARCH 20, 2007

1155

Amount from prior Appropriation Act (HB1027)
Realize CNG savings by redirecting funds to the Regional Investigative Services program ($74,157 total) to fund one-time costs associated with the Meth Force enhancement.
Provide funds for one-time costs associated with adding 8 additional special agent positions and adding 4 computer forensic positions and filling one vacancy for the Child Safety Initiative.
Provide funds for one-time costs associated with adding 3 special agent positions for the Georgia SecureID initiative.
Provide funds for one-time costs associated with filling 9 vacant special agent positions and adding 6 agent positions for the Meth Force Enhancement ($339,153). An additional $74,157 of CNG cost savings will also be redirected to this initiative for a total of $413,310.
Amount appropriated in this Act

State Funds $20,852,981
$74,157

Total Funds $21,057,463
$74,157

$302,632

$302,632

$89,262 $339,153

$89,262 $339,153

$21,658,185 $21,862,667

29.7. Special Operations Unit

Purpose: 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

$784,354

Other Funding Sources

$200

Other Funds Not Specifically Identified

$200

State Funds

$784,154

State General Funds

$784,154

29.8. State Healthcare Fraud Unit

Purpose: To identify, arrest and prosecute providers of health care services who defraud the Medicaid Program.

Total Funds

$1,124,508

Other Funding Sources

$387

Other Funds Not Specifically Identified

$387

State Funds

$1,124,121

1156

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State General Funds

$1,124,121

29.9. Task Forces

Purpose: To provide the GBI supervisory support to 12 federally funded multijurisdictional drug task forces.

Total Funds

$1,079,053

Other Funding Sources

$376

Other Funds Not Specifically Identified

$376

State Funds

$1,078,677

State General Funds

$1,078,677

The following appropriations are for agencies attached for administrative purposes.

29.10. Criminal Justice Coordinating Council

Purpose: 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 Funds and Grants

$29,876,675

Federal Funds Not specifically Identified

$29,876,675

Other Funding Sources

$4,671,893

Other Funds Not Specifically Identified

$4,671,893

State Funds

$1,083,456

State General Funds

$1,083,456

Section 30: Juvenile Justice, Department of Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources
Agency Funds Other Funds Not Specifically Identified State Funds State General Funds

$324,073,806 $2,823,666 $2,823,666
$18,380,323 $4,022,803 $14,357,520 $302,869,817 $302,869,817

TUESDAY, MARCH 20, 2007

1157

Intra-State Government Transfers

$0

30.1. Administration

Purpose: 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

$27,359,731

Other Funding Sources

$199,673

Agency Funds

$199,673

State Funds

$27,160,058

State General Funds

$27,160,058

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$26,855,168 $27,054,841

Realign program funds to associate expenditures with program activities by transferring funds from the Secure Commitment program to the Administration program and to the Community Supervision program.

$40,890

$40,890

Realign funds to correctly associate regular operating expenses incurred by facility-based investigators to actual program activities by transferring funds from the Secure Commitment program and the Secure Detention program to the Administration program.

$264,000

$264,000

Adjust department position count to accurately reflect the number of active employees.

$0

$0

Realign funds to provide for a full-time psychiatrist for behavioral health services in various secure facilities, and add 1 position.

$0

$0

Amount appropriated in this Act

$27,160,058 $27,359,731

30.2. Community Non-Secure Commitment

Purpose: 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

$58,020,099

1158

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Other Funding Sources

$10,002,619

Other Funds Not Specifically Identified

$10,002,619

State Funds

$48,017,480

State General Funds

$48,017,480

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$46,017,480 $56,020,099

Provide funding to the Peachstate Wrap-around Initiative (KidsNet) to develop a coordinated community of care for children and their families.

$2,000,000

$2,000,000

Amount appropriated in this Act

$48,017,480 $58,020,099

30.3. Community Supervision

Purpose: The purpose is to protect the public, hold youth accountable for their actions, and assist youth in becoming law-abiding citizens.

Total Funds

$47,249,290

Other Funding Sources

$4,354,901

Other Funds Not Specifically Identified

$4,354,901

State Funds

$42,894,389

State General Funds

$42,894,389

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$42,739,092 $47,093,993

Realign program funds to associate expenditures with program activities by transferring funds from the Secure Commitment program to the Administration program and to the Community Supervision program.

$155,297

$155,297

Realign funds to correctly associate regular operating expenses incurred by facility-based investigators to actual program activities by transferring funds from the Secure Commitment program and the Secure Detention program to the Administration program.

$0

$0

Amount appropriated in this Act

$42,894,389 $47,249,290

TUESDAY, MARCH 20, 2007

1159

30.4. Secure Commitment (YDCs)

Purpose: The purpose is to protect the public, hold youth accountable for their actions, and assist juvenile offenders in becoming law-abiding citizens.

Total Funds

$91,290,679

Federal Funds and Grants

$1,071,666

Federal Funds Not specifically Identified

$1,071,666

Other Funding Sources

$2,206,194

Agency Funds

$2,206,194

State Funds

$88,012,819

State General Funds

$88,012,819

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$85,728,300 $89,006,160

Realign program funds to associate expenditures with program activities by transferring funds from the Secure Commitment program to the Administration program and to the Community Supervision program.

($196,187)

($196,187)

Realign funds to correctly associate regular operating expenses incurred by facility-based investigators to actual program activities by transferring funds from the Secure Commitment program and the Secure Detention program to the Administration program.

($132,000)

($132,000)

Provide funds for increased utility costs.

$550,000

$550,000

Provide funding for the Savannah River Challenge YDC facility contract to isolate lesser offenders sentenced as Short-Term Program placements from more aggravated offenders in other YDC facilities.

$2,062,706

$2,062,706

Amount appropriated in this Act

$88,012,819 $91,290,679

30.5. Secure Detention (RYDCs)

Purpose: 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

$97,001,137

Other Funding Sources

$1,616,936

Agency Funds

$1,616,936

1160

JOURNAL OF THE HOUSE

State Funds

$95,384,201

State General Funds

$95,384,201

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$94,966,201 $96,583,137

Realign funds to correctly associate regular operating expenses incurred by facility-based investigators to actual program activities by transferring funds from the Secure Commitment program and the Secure Detention program to the Administration program.

($132,000)

($132,000)

Provide funds for increased utility costs.

$550,000

$550,000

Adjust department position count to accurately reflect the number of active employees.

$0

$0

Amount appropriated in this Act

$95,384,201 $97,001,137

The following appropriations are for agencies attached for administrative purposes.

30.6. Children and Youth Coordinating Council

Purpose: The purpose is to assist local communities in preventing and reducing juvenile delinquency.

Total Funds

$3,152,870

Federal Funds and Grants

$1,752,000

Federal Funds Not specifically Identified

$1,752,000

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 (HB1027)

$1,400,870

$3,261,947

Adjust federal funds to appropriately match expenditures.

$0

($109,077)

Amount appropriated in this Act

$1,400,870

$3,152,870

TUESDAY, MARCH 20, 2007

1161

Section 31: Labor, Department of Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources
Other Funds Not Specifically Identified State Funds
State General Funds Intra-State Government Transfers

$353,335,038 $260,940,826 $260,940,826
$40,798,678 $40,798,678 $51,595,534 $51,595,534
$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.

31.1. Administration - Department of Labor

Purpose: 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 Funds and Grants

$10,607,019

Federal Funds Not specifically Identified

$10,607,019

State Funds

$3,221,668

State General Funds

$3,221,668

31.2. Administration - Division of Rehabilitation

Purpose: To help people with disabilities to become fully productive members of society by achieving independence and meaningful employment.

Total Funds

$3,577,698

Federal Funds and Grants

$1,383,518

Federal Funds Not specifically Identified

$1,383,518

State Funds

$2,194,180

1162

JOURNAL OF THE HOUSE

State General Funds

$2,194,180

31.3. Business Enterprise Program

Purpose: To assist people who are blind in becoming successful contributors to the state's economy.

Total Funds

$1,698,387

Federal Funds and Grants

$1,316,085

Federal Funds Not specifically Identified

$1,316,085

State Funds

$382,302

State General Funds

$382,302

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$420,302

$1,736,387

Reduce funding for 2 positions added in FY 2007 to reflect the projected hire date.

($38,000)

($38,000)

Amount appropriated in this Act

$382,302

$1,698,387

31.4. Commission on Women

Purpose: 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

31.5. Disability Adjudication Section

Purpose: To efficiently process applications for federal disability programs so that eligible Georgia citizens can obtain support.

Total Funds

$55,598,820

Federal Funds and Grants

$55,598,820

Federal Funds Not specifically Identified

$55,598,820

31.6. Georgia Industries for the Blind

Purpose: To employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin.

Total Funds

$11,809,509

Other Funding Sources

$11,099,375

TUESDAY, MARCH 20, 2007

1163

Other Funds Not Specifically Identified State Funds
State General Funds

$11,099,375 $710,134 $710,134

31.7. Labor Market Information

Purpose: To collect, analyze and publish a wide array of information about the state's labor market.

Total Funds

$2,932,226

Federal Funds and Grants

$2,249,873

Federal Funds Not specifically Identified

$2,249,873

State Funds

$682,353

State General Funds

$682,353

31.8. Roosevelt Warm Springs Institute

Purpose: To empower individuals with disabilities to achieve personal independence.

Total Funds

$31,832,966

Federal Funds and Grants

$6,447,042

Federal Funds Not specifically Identified

$6,447,042

Other Funding Sources

$18,893,087

Other Funds Not Specifically Identified

$18,893,087

State Funds

$6,492,837

State General Funds

$6,492,837

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$6,498,634 $31,838,763

Transfer remaining contract funds for the American Association of Adapted Sports Program to the Department of Human Resources.

($5,797)

($5,797)

Amount appropriated in this Act

$6,492,837 $31,832,966

31.9. Safety Inspections

Purpose: 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 Funds and Grants

$168,552

1164

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Federal Funds Not specifically Identified State Funds
State General Funds

$168,552 $2,701,779 $2,701,779

31.10. Unemployment Insurance

Purpose: 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 Funds and Grants

$36,610,816

Federal Funds Not specifically Identified

$36,610,816

State Funds

$10,212,853

State General Funds

$10,212,853

31.11. Vocational Rehabilitation Program

Purpose: To assist people with disabilities so that they may go to work.

Total Funds

$86,001,525

Federal Funds and Grants

$66,344,924

Federal Funds Not specifically Identified

$66,344,924

Other Funding Sources

$2,506,216

Other Funds Not Specifically Identified

$2,506,216

State Funds

$17,150,385

State General Funds

$17,150,385

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$17,168,678 $86,019,818

Realize CNG savings by reducing telecommunications ($12,438).

($12,438)

($12,438)

Realize CNG savings by reducing computer charges ($5,855).

($5,855)

($5,855)

Amount appropriated in this Act

$17,150,385 $86,001,525

31.12. Workforce Development

Purpose: To assist employers and job seekers with job matching services and to promote economic growth and development.

Total Funds

$96,268,048

TUESDAY, MARCH 20, 2007
Federal Funds and Grants Federal Funds Not specifically Identified
Other Funding Sources Other Funds Not Specifically Identified
State Funds State General Funds

1165
$80,214,177 $80,214,177 $8,300,000 $8,300,000 $7,753,871 $7,753,871

Section 32: Law, Department of Total Funds Federal Funds and Grants Other Funding Sources
Other Funds Not Specifically Identified State Funds
State General Funds Intra-State Government Transfers

$36,621,287 $0
$21,826,240 $21,826,240 $14,795,047 $14,795,047
$0

32.1. Law

Purpose: 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

$36,621,287

Other Funding Sources

$21,826,240

Other Funds Not Specifically Identified

$21,826,240

State Funds

$14,795,047

State General Funds

$14,795,047

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$14,670,539 $36,496,779

Provide funding, including $24,942 in CNG savings, for expert financial consultants associated with the sale of public and non-profit hospitals in accordance with the Hospital Acquisitions Act.

$124,508

$124,508

Amount appropriated in this Act

$14,795,047 $36,621,287

1166

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Section 33: State Merit System of Personnel Administration Total Funds Federal Funds and Grants Other Funding Sources State Funds Intra-State Government Transfers
Other Intra-State Government Payments

$14,576,477 $0 $0 $0
$14,576,477 $14,576,477

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.

33.1. Administration

Purpose: The purpose is to provide administrative and technical support to the agency.

Total Funds

$5,654,543

Intra-State Government Transfers

$5,654,543

Other Intra-State Government Payments

$5,654,543

33.2. Recruitment and Staffing Services

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

Total Funds

$1,177,804

Intra-State Government Transfers

$1,177,804

Other Intra-State Government Payments

$1,177,804

33.3. Total Compensation and Rewards

Purpose: The purpose is to ensure fair and consistent employee compensation practices across state agencies.

Total Funds

$4,142,622

Intra-State Government Transfers

$4,142,622

Other Intra-State Government Payments

$4,142,622

33.4. Workforce Development and Alignment

Purpose: 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

$3,601,508

TUESDAY, MARCH 20, 2007
Intra-State Government Transfers Other Intra-State Government Payments

1167
$3,601,508 $3,601,508

Section 34: Natural Resources, Department of Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources
Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers

$158,690,398 $9,996,755 $9,996,755
$25,391,011 $18,625,766
$6,765,245 $123,302,632 $123,302,632
$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 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 being made June 15th, 2014.

34.1. Administration

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

Total Funds

$10,170,977

State Funds

$10,170,977

State General Funds

$10,170,977

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

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Amount from prior Appropriation Act (HB1027) Redistribute real estate rental funds among programs to accurately reflect expenditures. Amount appropriated in this Act

State Funds $10,059,057
$111,920
$10,170,977

Total Funds $10,059,057
$111,920
$10,170,977

34.2. Coastal Resources

Purpose: 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 Funds and Grants

$170,862

Federal Funds Not specifically Identified

$170,862

State Funds

$2,720,618

State General Funds

$2,720,618

34.3. Environmental Protection

Purpose: 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

$37,567,216

Federal Funds and Grants

$3,363,161

Federal Funds Not specifically Identified

$3,363,161

Other Funding Sources

$6,797,557

Agency Funds

$309,758

Other Funds Not Specifically Identified

$6,487,799

State Funds

$27,406,498

State General Funds

$27,406,498

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$27,532,122 $37,692,840

Redistribute real estate rental funds among programs to accurately reflect expenditures.

($125,624)

($125,624)

Amount appropriated in this Act

$27,406,498 $37,567,216

34.4. Hazardous Waste Trust Fund

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1169

Purpose: Investigate and clean up abandoned hazardous sites.

Total Funds

$13,901,864

State Funds

$13,901,864

State General Funds

$13,901,864

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$7,600,000

$7,600,000

Increase funding for the Hazardous Waste Trust Fund for local governments and for abandoned site clean-up.

$6,301,864

$6,301,864

Amount appropriated in this Act

$13,901,864 $13,901,864

34.5. Historic Preservation

Purpose: The purpose is to identify, protect and preserve Georgia's historical sites for the enjoyment of present and future generations.

Total Funds

$2,491,760

Federal Funds and Grants

$490,000

Federal Funds Not specifically Identified

$490,000

State Funds

$2,001,760

State General Funds

$2,001,760

34.6. Land Conservation

Purpose: The purpose is to provide a framework within which developed and rapidly developing counties, and their municipalities, can preserve community green space.

Total Funds

$472,507

State Funds

$472,507

State General Funds

$472,507

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$466,380

$466,380

Redistribute real estate rental funds among programs to accurately reflect expenditures.

$6,127

$6,127

Amount appropriated in this Act

$472,507

$472,507

34.7. Parks, Recreation and Historic Sites

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Purpose: The purpose is to increase the public awareness of the opportunities at the state parks and historic sites throughout Georgia.

Total Funds

$38,604,665

Federal Funds and Grants

$845,941

Federal Funds Not specifically Identified

$845,941

Other Funding Sources

$17,879,882

Agency Funds

$17,879,882

State Funds

$19,878,842

State General Funds

$19,878,842

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$19,141,038 $37,966,861

Redistribute real estate rental funds among programs to accurately reflect expenditures.

$14,982

$14,982

Transfer the FY 2007 pay raise for law enforcement officers from Parks, Recreation and Historic Sites to Wildlife Resources to accurately reflect expenditures.

($66,485)

($66,485)

Realize CNG savings by reducing regular operating expenses.

($693)

($693)

Replace elevated bond repayment from Jekyll Island

$100,000

$0

Authority with state general funds.

Provide funds for HVAC replacement at Rhodes Hall.

$690,000

$690,000

Amount appropriated in this Act

$19,878,842 $38,604,665

34.8. Pollution Prevention Assistance

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

Total Funds

$119,988

Other Funding Sources

$103,913

Agency Funds

$103,913

State Funds

$16,075

State General Funds

$16,075

34.9. Solid Waste Trust Fund Purpose: Provides a funding source to administer the Scrap Tire Management

TUESDAY, MARCH 20, 2007

1171

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

34.10. Wildlife Resources

Purpose: 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

$42,851,770

Federal Funds and Grants

$5,126,791

Federal Funds Not specifically Identified

$5,126,791

Other Funding Sources

$277,446

Other Funds Not Specifically Identified

$277,446

State Funds

$37,447,533

State General Funds

$37,447,533

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$30,874,291 $36,278,528

Redistribute real estate rental funds among programs to accurately reflect expenditures.

($7,405)

($7,405)

Transfer the FY 2007 pay raise for law enforcement officers from Parks, Recreation and Historic Sites to Wildlife Resources to accurately reflect expenditures.

$66,485

$66,485

Realize CNG savings by reducing regular operating expenses.

($694)

($694)

Recognize funds collected for the Wildlife Endowment Fund through lifetime hunting and fishing licenses and associated interest in compliance with federal guidelines.

$969,856

$969,856

Provide funds to repair a failed dam at Arrowhead Environmental Education Center so that the lake can be used for hands-on aquatic education.

$500,000

$500,000

Develop the "Go Fish Georgia" education center, state park, bass trail, and improve fishing and

$5,000,000

$5,000,000

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recreation access to promote and improve boating and fishing tourism as a means of enhancing economic development in communities around the state.
Provide funds for spraying to prevent unwanted vegetation and aquatic plants on Lake Blackshear.
Amount appropriated in this Act

$45,000 $37,447,533

$45,000 $42,851,770

The following appropriations are for agencies attached for administrative purposes.

34.11. Georgia State Games Commission

Purpose: To improve the physical fitness of Georgians.

Total Funds

$632,362

Other Funding Sources

$332,213

Agency Funds

$332,213

State Funds

$300,149

State General Funds

$300,149

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$50,149

$382,362

Provide funds to the Georgia State Games Commission to facilitate athletic achievement and competition among handicapped children.

$250,000

$250,000

Amount appropriated in this Act

$300,149

$632,362

34.12. Payments to Georgia Agrirama Development Authority

Purpose: 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

34.13. Payments to Georgia Agricultural Exposition Authority
Purpose: 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

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1173

activities, and stage and promote a statewide fair. Total Funds State Funds State General Funds

$1,641,634 $1,641,634 $1,641,634

34.14. Payments to Lake Allatoona Preservation Authority Total Funds State Funds State General Funds

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

34.15. Payments to Southwest Georgia Railroad Excursion Authority

Purpose: 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 Funds and Grants Other Funding Sources State Funds
State General Funds Intra-State Government Transfers

$50,201,202 $0 $0
$50,201,202 $50,201,202
$0

35.1. Administration

Purpose: To provide support for the agency.

Total Funds

$4,980,179

State Funds

$4,980,179

State General Funds

$4,980,179

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$4,891,864

$4,891,864

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Provide funds, including $80,000 in CNG savings, for one-time expenses for the Clemency Online Navigation System.
Amount appropriated in this Act

$88,315

$88,315

$4,980,179

$4,980,179

35.2. Clemency

Purpose: 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

35.3. Parole Supervision

Purpose: 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

35.4. Victims Services

Purpose: To provide notification to victims of changes in offender status or placement, to conduct outreach and information gathering from victims 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

Section 36: Properties Commission, State Total Funds Federal Funds and Grants Other Funding Sources
Other Funds Not Specifically Identified State Funds
State General Funds Intra-State Government Transfers

$15,460,661 $0
$5,876,661 $5,876,661 $9,584,000 $9,584,000
$0

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1175

36.1. Leasing

Purpose: 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

Other Funding Sources

$402,655

Other Funds Not Specifically Identified

$402,655

36.2. State Properties Commission

Purpose: 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

Other Funding Sources

$588,425

Other Funds Not Specifically Identified

$588,425

The following appropriations are for agencies attached for administrative purposes.

36.3. Payments to Georgia Building Authority

Purpose: To purchase, erect and maintain buildings and other facilities to house agents and officials of the state government.

Total Funds

$14,469,581

Other Funding Sources

$4,885,581

Other Funds Not Specifically Identified

$4,885,581

State Funds

$9,584,000

State General Funds

$9,584,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$0

$4,885,581

Increase payments to the Georgia Building Authority to fund the demolition of the State Archives building.

$5,734,000

$5,734,000

Increase payments to the Georgia Building Authority to fund assessment of 17 state-owned buildings and parking decks on Capitol Hill.

$600,000

$600,000

Increase payments to the Georgia Building Authority to fund programming and design

$250,000

$250,000

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development for replacements of existing interiors within common areas, electrical, HVAC and water intrusion within the Floyd Building.
Increase Payments to the Georgia Building Authority to fund the maintenance and repair of state facilities.
Amount appropriated in this Act

$3,000,000

$3,000,000

$9,584,000 $14,469,581

Section 37: Public Safety, Department of Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources
Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments

$125,357,196 $8,328,935 $8,328,935 $6,230,971 $877,160 $5,353,811
$107,645,855 $107,645,855
$3,151,435 $3,151,435

37.1. Administration

Purpose: To work cooperatively with all levels of government to provide a safe environment for residents and visitors to our state.

Total Funds

$9,060,568

State Funds

$9,060,568

State General Funds

$9,060,568

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$8,774,504

$8,774,504

Provide funds to replace existing Peace Officers Standards and Training Council database for personnel, training, certification and disciplinary records.

$286,064

$286,064

Amount appropriated in this Act

$9,060,568

$9,060,568

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1177

37.2. Aviation

Purpose: 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

$2,515,895

State Funds

$2,515,895

State General Funds

$2,515,895

37.3. Capitol Police Services

Purpose: 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

37.4. Executive Security Services

Purpose: 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

37.5. Field Offices and Services

Purpose: To reduce drug trafficking in the State of Georgia by networking with other state, federal and local law enforcement agencies.

Total Funds

$68,542,349

State Funds

$68,542,349

State General Funds

$68,542,349

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$64,744,317 $64,744,317

Provide a 3% salary adjustment, above the normal recommended salary adjustment, beginning January 1, 2007 for the following law enforcement positions: Lieutenant and Sergeant 1st Class.

$175,227

$175,227

Provide funds for 100 standard trooper cars.

$3,500,000

$3,500,000

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Provide funding for HB 101: Peace Officers' Annuity and Benefit Fund.
Amount appropriated in this Act

$122,805 $68,542,349

$122,805 $68,542,349

37.6. Motor Carrier Compliance

Purpose: 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 Funds and Grants

$5,161,998

Federal Funds Not specifically Identified

$5,161,998

Other Funding Sources

$4,596,898

Other Funds Not Specifically Identified

$4,596,898

State Funds

$6,612,936

State General Funds

$6,612,936

37.7. Specialized Collision Reconstruction Team (SCRT)

Purpose: 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

37.8. Troop J Specialty Units

Purpose: 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 following appropriations are for agencies attached for administrative purposes.

37.9. Firefighter Standards and Training Council

Purpose: To provide minimum certification standards for all firefighters and public safety professionals.

Total Funds

$690,145

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1179

State Funds State General Funds

$690,145 $690,145

37.10. Office of Highway Safety

Purpose: 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 Funds and Grants

$3,166,937

Federal Funds Not specifically Identified

$3,166,937

State Funds

$503,885

State General Funds

$503,885

37.11. Peace Officers Standards and Training Council (POST)

Purpose: 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

37.12. Public Safety Training Center

Purpose: 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

Other Funding Sources

$1,634,073

Agency Funds

$877,160

Other Funds Not Specifically Identified

$756,913

State Funds

$11,646,656

State General Funds

$11,646,656

Section 38: Public Service Commission Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources

$9,274,752 $273,311 $273,311 $0

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State Funds State General Funds
Intra-State Government Transfers

$9,001,441 $9,001,441
$0

38.1. Administration

Purpose: To assist the Commissioners and staff in achieving the agency's goals.

Total Funds

$1,097,140

State Funds

$1,097,140

State General Funds

$1,097,140

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$1,187,065

$1,187,065

Provide for an adjustment to real estate to accurately reflect the FY 2007 Georgia Building Authority (GBA) rental rate for office space.

$9,630

$9,630

Realize CNG savings by redirecting savings from the Facilities Protection program and the Utilities Regulation program to Administration for $15,905 in facility improvements.

$15,905

$15,905

Transfer funds from the Administration program and the Utilities Regulation program to the Facilities Protection program to properly align real estate expenditures among programs.

($15,460)

($15,460)

Reduce funding for operations.

($100,000)

($100,000)

Amount appropriated in this Act

$1,097,140

$1,097,140

38.2. Facility Protection

Purpose: To provide for the protection of the buried utility facility infrastructure within the State of Georgia.

Total Funds

$949,512

Federal Funds and Grants

$273,311

Federal Funds Not specifically Identified

$273,311

State Funds

$676,201

State General Funds

$676,201

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

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1181

Amount from prior Appropriation Act (HB1027)
Provide for an adjustment to real estate to accurately reflect the FY 2007 Georgia Building Authority (GBA) rental rate for office space.
Realize CNG savings by redirecting savings from the Facilities Protection program and the Utilities Regulation program to Administration for $15,905 in facility improvements.
Transfer funds from the Administration program and the Utilities Regulation program to the Facilities Protection program to properly align real estate expenditures among programs.
Amount appropriated in this Act

State Funds $630,324 $8,560 ($1,828)
$39,145
$676,201

Total Funds $903,635 $8,560 ($1,828)
$39,145
$949,512

38.3. Utilities Regulation

Purpose: To regulate intrastate telecommunications, natural gas, and electric utilities.

Total Funds

$7,228,100

State Funds

$7,228,100

State General Funds

$7,228,100

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$7,229,706

$7,229,706

Provide for an adjustment to real estate to accurately reflect the FY 2007 Georgia Building Authority (GBA) rental rate for office space.

$36,156

$36,156

Realize CNG savings by redirecting savings from the Facilities Protection program and the Utilities Regulation program to Administration for $15,905 in facility improvements.

($14,077)

($14,077)

Transfer funds from the Administration program and the Utilities Regulation program to the Facilities Protection program to properly align real estate expenditures among programs.

($23,685)

($23,685)

Amount appropriated in this Act

$7,228,100

$7,228,100

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Section 39: Regents, University System of Georgia Total Funds Federal Funds and Grants Other Funding Sources
Agency Funds Research Funds Other Funds Not Specifically Identified State Funds Tobacco Funds State General Funds Intra-State Government Transfers

$4,869,457,754 $0
$2,922,700,002 $1,319,904,657 $1,598,519,130
$4,276,215 $1,946,757,752
$15,732,554 $1,931,025,198
$0

39.1. Advanced Technology Development Center/Economic Development Institute

Purpose: 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

Other Funding Sources

$12,875,000

Agency Funds

$12,875,000

State Funds

$14,572,215

State General Funds

$14,572,215

39.2. Agricultural Experiment Station

Purpose: The purpose is to improve production, processing, new product development, food safety, storage and marketing to increase profitability and global competitiveness.

Total Funds

$72,948,126

Other Funding Sources

$32,441,262

Agency Funds

$10,441,262

Research Funds

$22,000,000

State Funds

$40,506,864

State General Funds

$40,506,864

39.3. Athens/Tifton Veterinary Laboratories

Purpose: 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

Other Funding Sources

$4,653,970

TUESDAY, MARCH 20, 2007

1183

Research Funds State Funds
State General Funds

$4,653,970 $83,084 $83,084

39.4. Cooperative Extension Service

Purpose: 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

$59,298,411

Other Funding Sources

$23,094,137

Agency Funds

$10,094,137

Research Funds

$13,000,000

State Funds

$36,204,274

State General Funds

$36,204,274

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$33,554,274 $56,648,411

Provide funding to complete the Sutton Dining Hall at the Rock Eagle 4-H campus.

$2,650,000

$2,650,000

Amount appropriated in this Act

$36,204,274 $59,298,411

39.5. Forestry Cooperative Extension

Purpose: 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

$959,847

Other Funding Sources

$300,405

Research Funds

$200,000

Other Funds Not Specifically Identified

$100,405

State Funds

$659,442

State General Funds

$659,442

39.6. Forestry Research

Purpose: 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

$5,684,341

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Other Funding Sources Research Funds Other Funds Not Specifically Identified
State Funds State General Funds

$2,550,000 $2,000,000
$550,000 $3,134,341 $3,134,341

39.7. Georgia Radiation Therapy Center Purpose: The purpose is to provide patient care and education.
Total Funds Other Funding Sources
Other Funds Not Specifically Identified

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

39.8. Georgia Tech Research Institute

Purpose: 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

$130,511,440

Other Funding Sources

$122,917,958

Research Funds

$122,917,958

State Funds

$7,593,482

State General Funds

$7,593,482

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$7,548,482 $130,466,440

Provide one-time funding for the Agricultural Technology Research Program to replace aging Ion/High Pressure Liquid Chromatograph.

$45,000

$45,000

Amount appropriated in this Act

$7,593,482 $130,511,440

39.9. Marine Extension Services

Purpose: The purpose is to transfer technology, provide training, and conduct applied research.

Total Funds

$2,713,007

Other Funding Sources

$1,184,800

Agency Funds

$584,800

Research Funds

$600,000

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1185

State Funds State General Funds

$1,528,207 $1,528,207

39.10. Marine Institute

Purpose: The purpose is to understand the processes that affect the condition of the salt marsh and coastline.

Total Funds

$1,711,549

Other Funding Sources

$767,633

Agency Funds

$67,633

Research Funds

$700,000

State Funds

$943,916

State General Funds

$943,916

39.11. Medical College of Georgia Hospitals and Clinics Purpose: 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

39.12. Office of Minority Business Enterprises

Purpose: 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

39.13. Public Libraries

Purpose: The purpose is to provide library services for Georgians and to award grants from the Public Library Fund.

Total Funds

$43,108,398

Other Funding Sources

$4,522,400

Agency Funds

$4,522,400

State Funds

$38,585,998

State General Funds

$38,585,998

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

1186

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Amount from prior Appropriation Act (HB1027)
Provide funds to replace hardware associated with internet filtering in public libraries to comply with state and federal law.
Provide funding for equipment at the St. Simons Library.
Provide funding for repair and renovation needs at various facilities within the Georgia Public Library System (Hall County-$215,000, Southwest Georgia Library-$100,000, Athens Regional-$21,300, West Georgia Regional-$10,000, South Georgia-$25,000, Thomas County-$30,000, Mountain Regional$32,000, Ocmulgee-$25,000, and Statesboro$50,000).
Amount appropriated in this Act

State Funds $37,968,698
$90,000

Total Funds $42,491,098
$90,000

$19,000 $508,300

$19,000 $508,300

$38,585,998 $43,108,398

39.14. Public Service/Special Funding Initiatives

Purpose: The purpose is to provide leadership, service, and education.

Total Funds

$34,267,559

State Funds

$34,267,559

Tobacco Funds

$5,000,000

State General Funds

$29,267,559

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$32,417,559 $32,417,559

Provide funding to Georgia State University to conduct a planning study for the City of South Fulton.

$50,000

$50,000

Provide funding to the Carl Vinson Institute of Government to conduct a study on the development of cities and townships.

$500,000

$500,000

Provide funding for infrastructure needs at the UGA-Griffin Campus.

$1,300,000

$1,300,000

Amount appropriated in this Act

$34,267,559 $34,267,559

39.15. Regents Central Office

TUESDAY, MARCH 20, 2007

1187

Purpose: 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

39.16. Research Consortium

Purpose: 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

39.17. Skidaway Institute of Oceanography

Purpose: 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

Other Funding Sources

$5,658,000

Agency Funds

$1,545,000

Research Funds

$4,113,000

State Funds

$1,634,073

State General Funds

$1,634,073

39.18. Student Education Enrichment Program Purpose: The purpose is to provide underrepresented Georgia residents the opportunity to acquire educational experiences.
Total Funds State Funds
State General Funds

$308,315 $308,315 $308,315

39.19. Teaching

Purpose: 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

$4,352,997,824

Other Funding Sources

$2,687,184,336

Agency Funds

$1,258,850,134

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Research Funds

$1,428,334,202

State Funds

$1,665,813,488

State General Funds

$1,665,813,488

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027) $1,657,191,538 $4,347,415,374

Transfer funds for HB 400 from Teachers' Retirement System (TRS) to the Board of Regents to properly reflect the employer rate increase for TRS members from 9.24% to 9.28%.

$321,950

$321,950

Remove DOAS Indirect Cost to properly reflect base (Other Funds: $3,039,500).

$0 ($3,039,500)

Provide funds for the University System of Georgia Health Plan to meet projected need for FY07.

$2,000,000

$2,000,000

Provide funding for the Water Policy Planning Center at Albany State University.

$200,000

$200,000

Provide design funding for the Medical College of Georgia Dental School.

$5,000,000

$5,000,000

Provide funding to Fort Valley State University for the Cooperative Developmental Energy Program in order to help increase the number of minority professionals in the areas of science, technology, engineering, and mathematics.

$100,000

$100,000

Provide funding for Eminent Scholars at Georgia Southern University (Renewable Energy), Georgia Institute of Technology (Civil Engineering), and Georgia State University (Law).

$1,000,000

$1,000,000

Amount appropriated in this Act

$1,665,813,488 $4,352,997,824

39.20. Veterinary Medicine Experiment Station

Purpose: 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

39.21. Veterinary Medicine Teaching Hospital

TUESDAY, MARCH 20, 2007

1189

Purpose: 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

Other Funding Sources

$6,700,000

Agency Funds

$6,700,000

State Funds

$489,727

State General Funds

$489,727

39.22. Payments to the Georgia Cancer Coalition

Purpose: 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 following appropriations are for agencies attached for administrative purposes.

39.23. Payments to Georgia Military College

Purpose: 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

39.24. Public Telecommunications Commission, Georgia

Purpose: 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

Other Funding Sources

$14,224,291

Agency Funds

$14,224,291

State Funds

$17,023,143

State General Funds

$17,023,143

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Section 40: Revenue, Department of Total Funds Federal Funds and Grants Other Funding Sources
Agency Funds Other Funds Not Specifically Identified State Funds Tobacco Funds State General Funds Intra-State Government Transfers

$549,928,713 $0
$7,005,348 $5,925,898 $1,079,450 $542,923,365
$150,000 $542,773,365
$0

40.1. Administration

Purpose: 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

$4,051,815

State Funds

$4,051,815

State General Funds

$4,051,815

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$4,053,813

$4,053,813

Realize CNG savings initiative by reducing regular operating expenses in the Administration program, the Tag and Title Registration program, the Revenue Processing program, and the Tax Compliance program.

($999)

($999)

Realize CNG savings by redirecting funds from the Administration program, the Tag and Title Registration program, the Revenue Processing program, and the Tax Compliance program to Local Tax Officials Retirement ($252,503 in redirected savings).

($999)

($999)

Amount appropriated in this Act

$4,051,815

$4,051,815

40.2. Customer Service

Purpose: 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

TUESDAY, MARCH 20, 2007

1191

Other Funding Sources Agency Funds
State Funds State General Funds

$2,110,135 $2,110,135 $10,709,219 $10,709,219

40.3. Homeowner Tax Relief Grants (HTRG)

Purpose: 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

$425,290,501

State Funds

$425,290,501

State General Funds

$425,290,501

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

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

Reflect remaining unclaimed surplus in the Homeowners Tax Relief Grants.

($7,000,000) ($7,000,000)

Amount appropriated in this Act

$425,290,501 $425,290,501

40.4. Industry Regulation

Purpose: 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

40.5. Local Tax Officials Retirement and FICA

Total Funds

$5,401,666

State Funds

$5,401,666

State General Funds

$5,401,666

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$3,785,079

$3,785,079

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Realize CNG savings by redirecting funds from the Administration program, the Tag and Title Registration program, the Revenue Processing program, and the Tax Compliance program to Local Tax Officials Retirement ($252,503 in redirected savings).
Provide funds, combined with $252,503 in CNG savings, to pay the employer portion of retirement benefits for local tax officials (Total State Funds of $1,616,587).
Amount appropriated in this Act

$252,503

$252,503

$1,364,084

$1,364,084

$5,401,666

$5,401,666

40.6. Revenue Processing

Purpose: 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

$40,824,046

Other Funding Sources

$426,769

Other Funds Not Specifically Identified

$426,769

State Funds

$40,397,277

State General Funds

$40,397,277

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$40,595,061 $41,021,830

Realize CNG savings initiative by reducing regular operating expenses in the Administration program, the Tag and Title Registration program, the Revenue Processing program, and the Tax Compliance program.

($98,892)

($98,892)

Realize CNG savings by redirecting funds from the Administration program, the Tag and Title Registration program, the Revenue Processing program, and the Tax Compliance program to Local Tax Officials Retirement ($252,503 in redirected savings).

($98,892)

($98,892)

Amount appropriated in this Act

$40,397,277 $40,824,046

40.7. Salvage Inspection

TUESDAY, MARCH 20, 2007

1193

Purpose: To inspect rebuilt salvage vehicles. Total Funds State Funds State General Funds

$1,581,159 $1,581,159 $1,581,159

40.8. State Board of Equalization

Purpose: 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

40.9. Tag and Title Registration

Purpose: To establish motor vehicle ownership.

Total Funds

$23,133,638

Other Funding Sources

$652,681

Other Funds Not Specifically Identified

$652,681

State Funds

$22,480,957

State General Funds

$22,480,957

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$22,541,777 $23,194,458

Realize CNG savings initiative by reducing regular operating expenses in the Administration program, the Tag and Title Registration program, the Revenue Processing program, and the Tax Compliance program.

($30,410)

($30,410)

Realize CNG savings by redirecting funds from the Administration program, the Tag and Title Registration program, the Revenue Processing program, and the Tax Compliance program to Local Tax Officials Retirement ($252,503 in redirected savings).

($30,410)

($30,410)

Amount appropriated in this Act

$22,480,957 $23,133,638

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40.10. Tax Compliance

Purpose: To ensure that all taxpayers pay the correct amount of taxes owed under the law.

Total Funds

$32,174,563

Other Funding Sources

$3,815,763

Agency Funds

$3,815,763

State Funds

$28,358,800

State General Funds

$28,358,800

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$28,603,204 $32,418,967

Realize CNG savings initiative by reducing regular operating expenses in the Administration program, the Tag and Title Registration program, the Revenue Processing program, and the Tax Compliance program.

($122,202)

($122,202)

Realize CNG savings by redirecting funds from the Administration program, the Tag and Title Registration program, the Revenue Processing program, and the Tax Compliance program to Local Tax Officials Retirement ($252,503 in redirected savings).

($122,202)

($122,202)

Amount appropriated in this Act

$28,358,800 $32,174,563

Section 41: Secretary of State Total Funds Federal Funds and Grants Other Funding Sources
Records Center Storage Fee Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers
41.1. Administration

$39,183,761 $0
$1,498,265 $433,753
$1,064,512 $37,685,496 $37,685,496
$0

TUESDAY, MARCH 20, 2007

1195

Purpose: To provide administrative support to the Office of Secretary of State and its attached agencies.

Total Funds

$4,958,227

Other Funding Sources

$30,000

Other Funds Not Specifically Identified

$30,000

State Funds

$4,928,227

State General Funds

$4,928,227

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$4,882,454

$4,912,454

Realize CNG savings by reducing state funds and redirecting a portion of savings to replace computers in the Administration program ($9,000) and fund modifications to the L2K database ($23,383) in the Securities program.

($4,227)

($4,227)

Provide funds for the Silver Haired Legislature.

$50,000

$50,000

Amount appropriated in this Act

$4,928,227

$4,958,227

41.2. Archives

Purpose: 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

$6,479,269

Other Funding Sources

$508,753

Records Center Storage Fee

$433,753

Other Funds Not Specifically Identified

$75,000

State Funds

$5,970,516

State General Funds

$5,970,516

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$5,972,322

$6,481,075

Realize CNG savings by reducing state funds and redirecting a portion of savings to replace computers in the Administration program ($9,000) and fund modifications to the L2K database ($23,383) in the Securities program.

($1,806)

($1,806)

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Amount appropriated in this Act

$5,970,516

$6,479,269

41.3. Capitol Tours

Purpose: To provide guided informational tours of the State Capitol.

Total Funds

$155,636

State Funds

$155,636

State General Funds

$155,636

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$155,777

$155,777

Realize CNG savings by reducing state funds and redirecting a portion of savings to replace computers in the Administration program ($9,000) and fund modifications to the L2K database ($23,383) in the Securities program.

($141)

($141)

Amount appropriated in this Act

$155,636

$155,636

41.4. Corporations

Purpose: 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

$1,933,612

Other Funding Sources

$739,512

Other Funds Not Specifically Identified

$739,512

State Funds

$1,194,100

State General Funds

$1,194,100

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$1,197,789

$1,937,301

Realize CNG savings by reducing state funds and redirecting a portion of savings to replace computers in the Administration program ($9,000) and fund modifications to the L2K database ($23,383) in the Securities program.

($3,689)

($3,689)

Amount appropriated in this Act

$1,194,100

$1,933,612

TUESDAY, MARCH 20, 2007

1197

41.5. Elections

Purpose: 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

$5,317,245

Other Funding Sources

$20,000

Other Funds Not Specifically Identified

$20,000

State Funds

$5,297,245

State General Funds

$5,297,245

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$5,159,663

$5,179,663

Realize CNG savings by reducing state funds and redirecting a portion of savings to replace computers in the Administration program ($9,000) and fund modifications to the L2K database ($23,383) in the Securities program.

($26,476)

($26,476)

Provide funds to cover costs of printing and mailing educational letters to inform Georgia citizens of voting requirements.

$64,058

$64,058

Provide funding for an independent audit of Georgia's elections procedures, guidelines and security measures.

$100,000

$100,000

Amount appropriated in this Act

$5,297,245

$5,317,245

41.6. Professional Licensing Boards

Purpose: To protect the public health and welfare by supporting all operations of Boards which license professions.

Total Funds

$11,586,197

Other Funding Sources

$150,000

Other Funds Not Specifically Identified

$150,000

State Funds

$11,436,197

State General Funds

$11,436,197

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

1198

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Amount from prior Appropriation Act (HB1027)
Realize CNG savings by reducing state funds and redirecting a portion of savings to replace computers in the Administration program ($9,000) and fund modifications to the L2K database ($23,383) in the Securities program.
Provide funding for an independent audit of the Professional Licensing Boards to improve customer service.
Amount appropriated in this Act

State Funds $11,354,435
($18,238)
$100,000
$11,436,197

Total Funds $11,504,435
($18,238)
$100,000
$11,586,197

41.7. Securities

Purpose: 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

$2,113,005

Other Funding Sources

$50,000

Other Funds Not Specifically Identified

$50,000

State Funds

$2,063,005

State General Funds

$2,063,005

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$2,040,428

$2,090,428

Realize CNG savings by reducing state funds and redirecting a portion of savings to replace computers in the Administration program ($9,000) and fund modifications to the L2K database ($23,383) in the Securities program.

$22,577

$22,577

Amount appropriated in this Act

$2,063,005

$2,113,005

The following appropriations are for agencies attached for administrative purposes.

41.8. Georgia Commission on the Holocaust
Purpose: 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

TUESDAY, MARCH 20, 2007

1199

and inhumanity.

Total Funds

$302,476

State Funds

$302,476

State General Funds

$302,476

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$278,412

$278,412

Provide funding for the relocation and continuation of the Anne Frank in the World exhibit previously hosted at Kennesaw State University and for operational costs of the Georgia Commission on the Holocaust.

$24,064

$24,064

Amount appropriated in this Act

$302,476

$302,476

41.9. Georgia Drugs and Narcotics Agency

Purpose: 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

41.10. Georgia Real Estate Commission

Purpose: 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

41.11. State Ethics Commission

Purpose: 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

$1,721,814

State Funds

$1,721,814

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State General Funds

$1,721,814

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$1,606,602

$1,606,602

Provide funding for relocation expenses and additional rent cost for new office.

$115,212

$115,212

Amount appropriated in this Act

$1,721,814

$1,721,814

Section 42: Soil and Water Conservation Commission Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources
Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers

$13,956,014 $2,311,431 $2,311,431 $8,547,106 $8,147,106 $400,000 $3,097,477 $3,097,477 $0

42.1. Administration

Purpose: 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

42.2. Conservation of Agricultural Water Supplies

Purpose: To conserve the use of Georgia's ground and surface water by agricultural water users.

Total Funds

$9,743,453

Federal Funds and Grants

$1,631,804

Federal Funds Not specifically Identified

$1,631,804

Other Funding Sources

$7,847,716

Agency Funds

$7,847,716

TUESDAY, MARCH 20, 2007

1201

State Funds State General Funds

$263,933 $263,933

42.3. Conservation of Soil and Water Resources

Purpose: To conserve Georgia's rich natural resources through voluntary implementation of conservation best management practices on agricultural lands.

Total Funds

$2,550,662

Federal Funds and Grants

$679,627

Federal Funds Not specifically Identified

$679,627

Other Funding Sources

$699,390

Agency Funds

$299,390

Other Funds Not Specifically Identified

$400,000

State Funds

$1,171,645

State General Funds

$1,171,645

42.4. USDA Flood Control Watershed Structures

Purpose: 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

42.5. Water Resources and Land Use Planning

Purpose: 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

Section 43: Student Finance Commission and Authority, Georgia Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources
Other Funds Not Specifically Identified

$576,863,297 $520,653 $520,653
$7,720,300 $7,720,300

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State Funds Lottery Funds State General Funds
Intra-State Government Transfers

$568,622,344 $531,956,119 $36,666,225
$0

43.1. Accel

Purpose: 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

43.2. Engineer Scholarship

Purpose: 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

43.3. Georgia Military College Scholarship

Purpose: To provide outstanding students with a full scholarship to attend Georgia Military College, thereby strengthening Georgia's National Guard with their membership.

Total Funds

$1,221,477

State Funds

$1,221,477

Lottery Funds

$1,221,477

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$770,477

$770,477

Redirect excess funds from the HOPE Grant program to the Georgia Military College Scholarship program to fund additional students returning from military deployment.

$451,000

$451,000

Amount appropriated in this Act

$1,221,477

$1,221,477

TUESDAY, MARCH 20, 2007

1203

43.4. Governor's Scholarship Program

Purpose: 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

43.5. Guaranteed Educational Loans

Purpose: 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

Other Funding Sources

$280,000

Other Funds Not Specifically Identified

$280,000

State Funds

$3,799,883

State General Funds

$3,799,883

43.6. HERO Scholarship

Purpose: 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

$305,700

Other Funding Sources

$105,700

Other Funds Not Specifically Identified

$105,700

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 (HB1027)

$200,000

$200,000

Increase funding for the HERO Scholarship to meet projected demand (Other Funds: $105,700).

$0

$105,700

Amount appropriated in this Act

$200,000

$305,700

43.7. HOPE Administration Purpose: To provide scholarships that reward students with financial assistance in

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degree, diploma, and certificate programs at eligible Georgia public and private colleges and universities, and public technical colleges.

Total Funds

$6,069,320

Other Funding Sources

$841,000

Other Funds Not Specifically Identified

$841,000

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 (HB1027)

$5,228,320

$5,228,320

Provide funding for temporary customer service staff in order to facilitate the implementation of the Grade Point Average (GPA) transcript exchange initiative (Other Funds: $841,000).

$0

$841,000

Amount appropriated in this Act

$5,228,320

$6,069,320

43.8. HOPE GED

Purpose: 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

43.9. HOPE Grant

Purpose: To provide grants to students seeking a diploma or certificate at a public post-secondary institution.

Total Funds

$118,510,703

State Funds

$118,510,703

Lottery Funds

$118,510,703

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$122,784,173 $122,784,173

Transfer excess HOPE Grants (lottery funds) to Bright from the Start: Georgia Department of Early

($3,822,470) ($3,822,470)

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1205

Care and Learning in order to fund enrollment growth in the Pre-Kindergarten program.
Redirect excess funds from the HOPE Grant program to the Georgia Military College Scholarship program to fund additional students returning from military deployment.
Amount appropriated in this Act

($451,000)

($451,000)

$118,510,703 $118,510,703

43.10. HOPE Scholarships - Private Schools

Purpose: 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

43.11. HOPE Scholarships - Public Schools

Purpose: To provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible public post-secondary institution.

Total Funds

$340,678,447

State Funds

$340,678,447

Lottery Funds

$340,678,447

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$344,500,917 $344,500,917

Transfer excess HOPE Scholarships-Public Schools (lottery funds) to Bright from the Start: Georgia Department of Early Care and Learning in order to fund enrollment growth in the Pre-Kindergarten program.

($3,822,470) ($3,822,470)

Amount appropriated in this Act

$340,678,447 $340,678,447

43.12. Law Enforcement Dependents Grant

Purpose: 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

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State Funds State General Funds

$50,911 $50,911

43.13. Leveraging Educational Assistance Partnership Program (LEAP)

Purpose: 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 Funds and Grants

$520,653

Federal Funds Not specifically Identified

$520,653

State Funds

$966,757

State General Funds

$966,757

43.14. North Ga. Military Scholarship Grants

Purpose: 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

Other Funding Sources

$1,010,402

Other Funds Not Specifically Identified

$1,010,402

State Funds

$683,951

State General Funds

$683,951

43.15. North Georgia ROTC Grants

Purpose: 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

43.16. Promise Scholarship

Purpose: 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

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1207

43.17. Public Memorial Safety Grant

Purpose: 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 postsecondary institution in the State of Georgia.

Total Funds

$255,850

State Funds

$255,850

Lottery Funds

$255,850

43.18. Teacher Scholarship

Purpose: 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

43.19. Tuition Equalization Grants

Purpose: To promote the private segment of higher education in Georgia by providing non-repayable grant aid to Georgia residents who attend eligible private postsecondary institutions.

Total Funds

$33,015,000

Other Funding Sources

$5,483,198

Other Funds Not Specifically Identified

$5,483,198

State Funds

$27,531,802

State General Funds

$27,531,802

The following appropriations are for agencies attached for administrative purposes.

43.20. Nonpublic Postsecondary Education Commission

Purpose: 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

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Section 44: Teachers' Retirement System Total Funds Federal Funds and Grants Other Funding Sources State Funds
State General Funds Intra-State Government Transfers
Retirement Payments

$25,969,246 $0 $0
$1,760,000 $1,760,000 $24,209,246 $24,209,246

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.

44.1. Local/Floor COLA

Purpose: 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

$1,760,000

State Funds

$1,760,000

State General Funds

$1,760,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$3,903,200

$3,903,200

Transfer funds for HB 400 from TRS to the Department of Education, the Board of Regents, and the Department of Technical and Adult Education to properly reflect the employer rate increase for TRS members from 9.24% to 9.28%.

($2,143,200) ($2,143,200)

Amount appropriated in this Act

$1,760,000

$1,760,000

44.2. System Administration

Purpose: To provide all services to active members, including: service purchases, refunds, retirement counseling, and new retirement processing.

Total Funds

$24,209,246

Intra-State Government Transfers

$24,209,246

Retirement Payments

$24,209,246

TUESDAY, MARCH 20, 2007

1209

Section 45: Technical and Adult Education, Department of Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources
Agency Funds State Funds
State General Funds Intra-State Government Transfers

$416,830,623 $19,814,459 $19,814,459 $56,732,658 $56,732,658
$340,283,506 $340,283,506
$0

45.1. Administration

Purpose: 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

$12,044,767

Federal Funds and Grants

$2,059,788

Federal Funds Not specifically Identified

$2,059,788

Other Funding Sources

$800,000

Agency Funds

$800,000

State Funds

$9,184,979

State General Funds

$9,184,979

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$9,184,019 $12,043,807

Transfer funds for HB 400 from Teachers' Retirement System (TRS) to the Department of Technical and Adult Education (DTAE) to properly reflect the employer rate increase for TRS members from 9.24% to 9.28%.

$960

$960

Amount appropriated in this Act

$9,184,979 $12,044,767

45.2. Adult Literacy
Purpose: 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.

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Total Funds

$22,046,636

Federal Funds and Grants

$6,669,526

Federal Funds Not specifically Identified

$6,669,526

Other Funding Sources

$1,121,886

Agency Funds

$1,121,886

State Funds

$14,255,224

State General Funds

$14,255,224

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$12,451,684 $20,243,096

Transfer funds for HB 400 from Teachers' Retirement System (TRS) to the Department of Technical and Adult Education (DTAE) to properly reflect the employer rate increase for TRS members from 9.24% to 9.28%.

$3,540

$3,540

Provide funding to adult literacy to offset the loss of TANF funds and continue the same level of services.

$1,800,000

$1,800,000

Amount appropriated in this Act

$14,255,224 $22,046,636

45.3. Economic Development (Quick Start)

Purpose: To provide a number of programs and services designed to assist businesses and industries with their training needs.

Total Funds

$13,496,242

State Funds

$13,496,242

State General Funds

$13,496,242

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$12,613,900 $12,613,900

Provide operating and customized training funds to prepare the workforce related to the Kia project.

$882,342

$882,342

Amount appropriated in this Act

$13,496,242 $13,496,242

45.4. Technical Education Purpose: To provide quality technical education and special workforce services. The

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1211

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

$369,242,978

Federal Funds and Grants

$11,085,145

Federal Funds Not specifically Identified

$11,085,145

Other Funding Sources

$54,810,772

Agency Funds

$54,810,772

State Funds

$303,347,061

State General Funds

$303,347,061

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$302,538,461 $368,434,378

Transfer funds for HB 400 from Teachers' Retirement System (TRS) to the Department of Technical and Adult Education (DTAE) to properly reflect the employer rate increase for TRS members from 9.24% to 9.28%.

$58,600

$58,600

Provide funds for roof repairs at the Moultrie Technical College Career Academy.

$750,000

$750,000

Amount appropriated in this Act

$303,347,061 $369,242,978

Section 46: Transportation, Department of Total Funds Federal Funds and Grants
Federal Highway Administration Highway Planning and Construction
Federal Transit Administration Capital Investment Grants
Federal Funds Not specifically Identified Other Funding Sources
Agency Funds Other Funds Not Specifically Identified State Funds State Motor Fuel

$1,916,037,782 $1,176,511,379
$1,100,000,001
$12,858,431
$63,652,947 $6,755,541 $6,585,292 $170,249
$732,113,067 $708,841,005

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

$23,272,062 $657,795 $657,795

It is the intent of this General Assembly that the following provisions apply: a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services. b.) Programs financed by Motor Fuel Tax Funds may be adjusted for additional 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.

46.1. Administration

Purpose: 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

$70,279,309

Federal Funds and Grants

$9,533,343

Federal Highway Administration Highway Planning and

$9,533,343

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1213

Construction

Other Funding Sources

$898,970

Agency Funds

$816,960

Other Funds Not Specifically Identified

$82,010

State Funds

$59,846,996

State Motor Fuel

$59,846,996

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$59,232,851 $69,665,164

Provide for the FY 2007 adjustment in the Workers' Compensation premium.

$95,797

$95,797

Provide for the FY 2007 adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$518,348

$518,348

Amount appropriated in this Act

$59,846,996 $70,279,309

46.2. Air Transportation

Purpose: The purpose is to provide air transportation to state officials and companies considering a move to Georgia and conducting aerial photography flights.

Total Funds

$2,428,330

Other Funding Sources

$275,000

Agency Funds

$275,000

State Funds

$1,495,535

State General Funds

$1,495,535

Intra-State Government Transfers

$657,795

Other Intra-State Government Payments

$657,795

46.3. Airport Aid

Purpose: 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

$18,621,247

Federal Funds and Grants

$6,000,000

Federal Funds Not specifically Identified

$6,000,000

State Funds

$12,621,247

State General Funds

$12,621,247

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The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$6,621,247 $12,621,247

Provide additional funding to support the State's airports, with $500,000 designated for improvements at the Richard B. Russell Regional Airport in Floyd County.

$6,000,000

$6,000,000

Amount appropriated in this Act

$12,621,247 $18,621,247

46.4. Data Collection, Compliance and Reporting

Purpose: 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

$12,438,332

Federal Funds and Grants

$8,270,257

Federal Highway Administration Highway Planning and Construction

$3,784,538

Federal Funds Not specifically Identified

$4,485,719

Other Funding Sources

$62,257

Agency Funds

$62,257

State Funds

$4,105,818

State Motor Fuel

$3,263,350

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 (HB1027)

$4,094,746 $12,427,260

Provide for the FY 2007 adjustment in the Workers' Compensation premium.

$11,072

$11,072

Amount appropriated in this Act

$4,105,818 $12,438,332

46.5. Local Road Assistance

Purpose: 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

$225,452,605

Federal Funds and Grants

$69,658,670

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1215

Federal Highway Administration Highway Planning and Construction

$67,429,038

Federal Funds Not specifically Identified

$2,229,632

Other Funding Sources

$595,233

Agency Funds

$595,233

State Funds

$155,198,702

State Motor Fuel

$155,198,702

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$150,438,889 $220,692,792

Provide for the FY 2007 adjustment in the Workers' Compensation premium.

$59,813

$59,813

Provide additional funding for the Local Assistance Road Program (LARP).

$4,700,000

$4,700,000

Amount appropriated in this Act

$155,198,702 $225,452,605

46.6. Payments to State Road and Tollway Authority

Purpose: 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

$47,398,853

State Funds

$47,398,853

State Motor Fuel

$47,398,853

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$46,998,853 $46,998,853

Provide funds for the construction of a sound barrier along the south end of GA 400.

$400,000

$400,000

Amount appropriated in this Act

$47,398,853 $47,398,853

46.7. Ports and Waterways

Purpose: 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

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46.8. Rail

Purpose: 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

$272,608

Other Funding Sources

$88,239

Other Funds Not Specifically Identified

$88,239

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 (HB1027)

$184,369

$272,608

Redirect existing bond funding for Lovejoy to the Brain Train rail project (Total Funds - $1,500,000).

$0

$0

Redirect bond funding for the St. Mary's railroad to the Southeast Georgia Joint Development Authority in Wayne County for side tracks to enable trains to pass (Total Funds - $1,050,000).

$0

$0

Amount appropriated in this Act

$184,369

$272,608

46.9. State Highway System Construction and Improvement

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

Total Funds

$1,116,764,160

Federal Funds and Grants

$875,644,270

Federal Highway Administration Highway Planning and Construction

$846,325,476

Federal Funds Not specifically Identified

$29,318,794

Other Funding Sources

$165,000

Agency Funds

$165,000

State Funds

$240,954,890

State Motor Fuel

$240,954,890

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$185,749,276 $1,061,558,546

Provide for the FY 2007 adjustment in the Workers'

$178,718

$178,718

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1217

Compensation premium.
Provide funds to cover the current employer share of the State Health Benefit Plan premium.
Provide funds to replace 8 facilities that have exceeded their useful life and for which the cost of renovation exceeds the cost of replacement structures: $500,000 each for 5 routine maintenance buildings (Nahunta, Eatonton, Louisville, Richmond Hill, and Woodbine), $750,000 for the area office in LaGrange, $650,000 for the area office in Milledgeville, and $1,200,000 for the special forces building in Sparta which houses regional quick response teams.
Provide funds for State Fund Construction - On System to help advance construction projects in the state transportation improvement program (STIP).
Amount appropriated in this Act

$1,488,720 $0

$1,488,720 $0

$53,538,176 $53,538,176 $240,954,890 $1,116,764,160

46.10. State Highway System Maintenance

Purpose: The purpose is to coordinate all statewide maintenance activities.

Total Funds

$332,482,082

Federal Funds and Grants

$153,104,852

Federal Highway Administration Highway Planning and Construction

$148,458,050

Federal Funds Not specifically Identified

$4,646,802

Other Funding Sources

$642,602

Agency Funds

$642,602

State Funds

$178,734,628

State Motor Fuel

$178,734,628

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$178,417,269 $332,164,723

Provide for the FY 2007 adjustment in the Workers' Compensation premium.

$317,359

$317,359

Amount appropriated in this Act

$178,734,628 $332,482,082

46.11. State Highway System Operations

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Purpose: The purpose is to ensure a safe and efficient transportation system statewide through traffic engineering and traffic management.

Total Funds

$63,140,368

Federal Funds and Grants

$35,670,542

Federal Highway Administration Highway Planning and Construction

$24,469,556

Federal Funds Not specifically Identified

$11,200,986

Other Funding Sources

$4,026,240

Agency Funds

$4,026,240

State Funds

$23,443,586

State Motor Fuel

$23,443,586

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$22,669,984 $62,366,766

Provide for the FY 2007 adjustment in the Workers' Compensation premium.

$62,582

$62,582

Provide funds to cover the current employer share of the State Health Benefit Plan premium.

$711,020

$711,020

Amount appropriated in this Act

$23,443,586 $63,140,368

46.12. Transit

Purpose: 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

$25,599,105

Federal Funds and Grants

$18,629,445

Federal Transit Administration Capital Investment Grants

$12,858,431

Federal Funds Not specifically Identified

$5,771,014

Other Funding Sources

$2,000

Agency Funds

$2,000

State Funds

$6,967,660

State General Funds

$6,967,660

Section 47: Veterans Service, Department of Total Funds

$34,833,331

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1219

Federal Funds and Grants Federal Funds Not specifically Identified
Other Funding Sources State Funds
State General Funds Intra-State Government Transfers

$10,969,879 $10,969,879
$0 $23,863,452 $23,863,452
$0

47.1. Administration

Purpose: 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

$664,624

State Funds

$664,624

State General Funds

$664,624

47.2. Georgia Veterans Memorial Cemetery

Purpose: 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

$442,737

Federal Funds and Grants

$36,554

Federal Funds Not specifically Identified

$36,554

State Funds

$406,183

State General Funds

$406,183

47.3. Georgia War Veterans Nursing Home - Augusta

Purpose: 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

$8,758,708

Federal Funds and Grants

$3,104,750

Federal Funds Not specifically Identified

$3,104,750

State Funds

$5,653,958

State General Funds

$5,653,958

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$4,935,539

$8,040,289

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Increase funding to the Augusta Nursing Home to offset rising healthcare costs.
Amount appropriated in this Act

$718,419 $5,653,958

$718,419 $8,758,708

47.4. Georgia War Veterans Nursing Home - Milledgeville

Purpose: The purpose is to provide both skilled nursing and domiciliary care to aged and infirmed Georgia war veterans.

Total Funds

$18,593,248

Federal Funds and Grants

$7,225,135

Federal Funds Not specifically Identified

$7,225,135

State Funds

$11,368,113

State General Funds

$11,368,113

47.5. Veterans Benefits

Purpose: The purpose is to serve Georgia's veterans, their dependents and survivors in all matters pertaining to veterans benefits by informing the veterans and their families about veterans benefits, and directly assisting and advising them in securing the benefits to which they are entitled.

Total Funds

$6,374,014

Federal Funds and Grants

$603,440

Federal Funds Not specifically Identified

$603,440

State Funds

$5,770,574

State General Funds

$5,770,574

Section 48: Workers' Compensation, State Board of Total Funds Federal Funds and Grants Other Funding Sources
Other Funds Not Specifically Identified State Funds
State General Funds Intra-State Government Transfers

$16,220,599 $0
$120,000 $120,000 $16,100,599 $16,100,599
$0

48.1. Administration
Purpose: To provide superior access to the Georgia Workers' Compensation program for injured workers and employers in a manner that is sensitive, responsive, and

TUESDAY, MARCH 20, 2007

1221

effective.

Total Funds

$6,300,917

Other Funding Sources

$120,000

Other Funds Not Specifically Identified

$120,000

State Funds

$6,180,917

State General Funds

$6,180,917

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$6,199,153

$6,319,153

Realize CNG savings by redistributing funds from the Administration program to the Administer the Workers' Compensation Laws program to provide for increased travel costs.

($18,236)

($18,236)

Amount appropriated in this Act

$6,180,917

$6,300,917

48.2. Administer the Workers' Compensation Laws

Purpose: To provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation Law.

Total Funds

$9,919,682

State Funds

$9,919,682

State General Funds

$9,919,682

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$9,901,446

$9,901,446

Realize CNG savings by redistributing funds from the Administration program to the Administer the Workers' Compensation Laws program to provide for increased travel costs.

$18,236

$18,236

Amount appropriated in this Act

$9,919,682

$9,919,682

Section 49: General Obligation Debt Sinking Fund Total Funds Federal Funds and Grants Other Funding Sources

$867,362,477 $0 $0

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State Funds State Motor Fuel State General Funds
Intra-State Government Transfers

$867,362,477 $155,000,000 $712,362,477
$0

49.1. General Obligation Bonds - Issued

Total Funds

$769,547,410

State Funds

$769,547,410

State Motor Fuel

$155,000,000

State General Funds

$614,547,410

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$719,349,981 $719,349,981

Transfer funds from General Obligation Bonds New to General Obligation Bonds - Issued to reflect the issuance of new bonds.

$50,197,429 $50,197,429

Amount appropriated in this Act

$769,547,410 $769,547,410

49.2. General Obligation Bonds - New

Total Funds

$97,815,067

State Funds

$97,815,067

State General Funds

$97,815,067

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$148,012,496 $148,012,496

Total of Debt Service on Bonds Associated with this Program

$0

$0

Transfer funds from General Obligation Bonds New to General Obligation Bonds - Issued to reflect the issuance of new bonds.

($50,197,429) ($50,197,429)

Amount appropriated in this Act

$97,815,067 $97,815,067

Bond Financing Appropriated:
From the appropriation designated "State General Funds (New)", $9,224,731 is specifically appropriated for the purpose of financing educational facilities for county

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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.
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 months.
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.
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.
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.
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.
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.

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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.
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

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1225

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)", $4,339,980 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $19,035,000 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)", $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,

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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 specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than

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$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)", $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)", $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.

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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)", $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 Chickamauga 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 two hundred and forty months.
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.
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)", $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.
From the appropriation designated "State General Funds (New)", $27,765 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 Mountain View Public Library for that library, 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.

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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.
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.
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

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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.
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)", $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.
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,

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1231

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.
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.
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.
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)", $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)", $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

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amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $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.
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.

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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.
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

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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)", $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 two hundred and forty months.
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.
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,

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structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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, 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)", $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.
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.
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

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amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $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)", $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 sixty months.
From the appropriation designated "State General Funds (New)", $51,258 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 $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.
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.

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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.
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)", $598,010 is specifically appropriated for the purpose of financing projects and facilities for the

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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 two hundred and forty months.
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.
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.
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)", $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.
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,

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structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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.
From the appropriation designated "State General Funds (New)", $683,440 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 $8,000,000 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)", $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.
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 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

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$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)", $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)", $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.
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.
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.

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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.

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 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

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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
Notwithstanding any other statement of purpose, the purpose of each appropriation of Federal Funds and the purpose of each appropriation of 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. In the preceding sentence, "Federal Funds" means any federal funding source whether specifically identified or not specifically identified; "Other Funds" means all other fund sources except State Funds or Federal Funds, including without limitation, Intra-State Government Transfers. This paragraph does not permit an agency to include within its flex the appropriations for an agency attached to it for administrative purposes.

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:
(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;

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(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).
(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),

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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 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;

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(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 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 of State Funds in this Act consist of the amount stated, for each line at the lowest level of detail, associated with the statement of Program Name and Program Purpose. The appropriations of Federal Funds and of Other Funds in this Act consist of the amount stated at the highest or summary level of detail associated with the

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statement of Program Name and Program Purpose, and the lower levels of detail are for information only. In the preceding sentence, "Federal Funds" means any federal funding source, whether specifically identified or not specifically identified; "Other Funds" means all other fund sources except State Funds and Federal Funds, including in Other Funds without limitation all Intra-State Government Transfers. Regardless of placement on the page, both the highest or summary level of detail and the lower detail of appropriations of Intra-State Government Transfers will be deemed lower levels of detail of Other Funds, and the highest or summary amount will be deemed added to the highest or summary amount of the appropriation of Other Funds for the program.
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. For the Administration Program, the Aged, Blind, and Disabled Medicaid Program, the Low-Income Medicaid program and the PeachCare program in Section 17, the lowest level of detail for the appropriations of State General Funds includes the provisos in the program statements for the Administration Program, the Aged, Blind, and Disabled Medicaid Program and Low-Income Medicaid Program.

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 94 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 94 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute.
The following amendment was read:
Representative Davis of the 109th moves to amend the Committee substitute to HB 94 as follows:

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Page 108 Line 3264

Strike in its entirety.

Renumber remaining sections accordingly.

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

N Abdul-Salaam Y Abrams N Amerson N Ashe N Barnard N Bearden
Beasley-Teague N Benfield N Benton N Black N Bridges N Brooks N Bruce N Bryant N Buckner N Burkhalter N Burns N Butler
Byrd N Carter, A N Carter, B N Casas N Chambers N Channell N Cheokas N Coan N Cole N Coleman N Collins N Cooper N Cox N Crawford, M N Crawford, R N Davis, H Y Davis, S N Day

N Dempsey N Dickson 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 E Franklin N Frazier N Freeman N Gardner N Geisinger N Glanton E Golick N Gordon N Graves N Greene N Hamilton N Hanner N Harbin N Hatfield N Heard, J N Heard, K N Heckstall N Hembree N Henson N Hill, C N Hill, C.A E Holmes

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

N Martin N Maxwell N May N McCall N McKillip N Meadows N Millar N Mills N Mitchell
Morgan N Morris N Mosby N Mumford N Murphy N Neal N Nix N Oliver N O'Neal N Parham N Parrish N Parsons N Peake N Porter
Powell N Pruett N Ralston N Randall N Reece N Reese N Rice N Roberts N Rogers N Royal N Rynders N Sailor N Scott, A

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

On the adoption of the amendment, the ayes were 4, nays 164.

The amendment was lost.

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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 following amendment was read:

Representative Davis of the 109th moves to amend the Committee substitute to HB 94 as follows:

Page 108 Line 3264

Strike the words "Brain Train" and insert in its place "Athens commuter."

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

N Abdul-Salaam N Abrams N Amerson N Ashe N Barnard N Bearden N Beasley-Teague N Benfield Y Benton N Black N Bridges N Brooks N Bruce N Bryant N Buckner N Burkhalter N Burns N Butler
Byrd N Carter, A N Carter, B Y Casas N Chambers N Channell N Cheokas N Coan N Cole N Coleman N Collins N Cooper N Cox N Crawford, M N Crawford, R N Davis, H Y Davis, S N Day

N Dempsey N Dickson 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 E Franklin N Frazier N Freeman N Gardner N Geisinger N Glanton E Golick N Gordon Y Graves N Greene N Hamilton N Hanner N Harbin N Hatfield N Heard, J N Heard, K N Heckstall N Hembree N Henson N Hill, C N Hill, C.A E Holmes

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

N Martin Y Maxwell N May N McCall N McKillip N Meadows N Millar N Mills N Mitchell
Morgan N Morris N Mosby N Mumford N Murphy N Neal N Nix N Oliver N O'Neal
Parham N Parrish N Parsons N Peake N Porter N Powell N Pruett N Ralston N Randall N Reece Y Reese Y Rice N Roberts N Rogers N Royal N Rynders
Sailor N Scott, A

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

TUESDAY, MARCH 20, 2007

1249

On the adoption of the amendment, the ayes were 14, nays 152.

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H N Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C
Hill, C.A E Holmes

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

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the passage of the Bill, by substitute, the ayes were 171, nays 1.

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The Bill, having received the requisite constitutional majority, was passed, by substitute.
Due to a mechanical malfunction, the vote of Representative Hill of the 180th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.
By unanimous consent the following Resolution of the House was withdrawn from the Rules Calendar and recommitted to the Committee on Rules:
HR 595. By Representatives Richardson of the 19th, Burkhalter of the 50th, Keen of the 179th, Fleming of the 117th, Roberts of the 154th and others:
A RESOLUTION amending the Rules of the House of Representatives; and for other purposes.
Representative O`Neal of the 146th assumed the chair.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 606. By Representative Epps of the 128th:
A RESOLUTION congratulating the coaches and players of the West Georgia Wolverines wheelchair basketball team and inviting them to appear before the House of Representatives; and for other purposes.
HR 607. By Representative Epps of the 128th:
A RESOLUTION congratulating the coaches and players of the Manchester High School Blue Devils basketball team and inviting them to appear before the House of Representatives; and for other purposes.
HR 608. By Representative Epps of the 128th:
A RESOLUTION congratulating the 2006-2007 Manchester High School Blue Devils boys basketball team and inviting them to appear before the House of Representatives; and for other purposes.
The following supplemental Rules Calendar was read and adopted:
HOUSE SUPPLEMENTAL RULES CALENDAR TUESDAY, MARCH 20, 2007

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1251

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 181 HB 549

Public safety and judicial facilities authorities; bond indebtedness; provide limitations (Substitute)(GAff-Jacobs-80th) Children with disabilities; basic therapy services; establish requirements (Substitute)(H&HS-Burkhalter-50th)

Modified Open Rule

HB 163

Deferred Presentment Services Act; enact; repeal "payday lending" prohibition (Substitute)(B&B-Tumlin-38th)

Modified Structure Rule

HB 185 HB 214 HB 227 HB 559

Death penalty; jury findings; aggravating circumstance; change provisions (Substitute)(JudyNC-Fleming-117th)-Floor Amendment AM 25 0987 Jekyll Island - State Park Authority; renewal of property lease; provisions (Substitute)(SI&P-Barnard-166th) Consumer Choice for Television Act; enact (Substitute)(EU&T-Lewis15th) Health insurance; charter school teachers and employees; provisions (Substitute)(Ed-Kaiser-59th)

Structured Rule

HR 595 House; amend Rules (Rules-Richardson-19th)

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

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

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

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HR 595. By Representatives Richardson of the 19th, Burkhalter of the 50th, Keen of the 179th, Fleming of the 117th, Roberts of the 154th and others:

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

The following substitute, offered by the Committee on Rules, was read and adopted:

A RESOLUTION

Amending the Rules of the House of Representatives; and for other purposes.

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Rules of the House of Representatives, adopted on January 8, 2007, by House Resolution 8 as the "Rules, Ethics, and Decorum of the House of Representatives," are amended by revising Rules 7.3 and 7.4 as follows:
"7.3 During the period beginning thirty (30) minutes before the House convenes and ending upon adjournment, members of the news media are not authorized to be on the floor of the House. During this period members of the news media with proper credentials are only authorized to be in the South anteroom and the Media Gallery of the House of Representatives. During this period, reporters for print media and broadcast media may request that a member leave the floor for an interview in the South anteroom or in one of the halls adjacent to the House chamber. A request by a member of the media for a member to leave the floor for an interview shall be made through a House Page assigned to the Media Gallery for that purpose. 7.4 Still photographers and television camerapersons shall have access to the floor of the House of Representatives while the House is in session in the discretion of the presiding officer."

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

Y Abdul-Salaam N Abrams Y Amerson N Ashe Y Barnard Y Bearden N Beasley-Teague N Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant

Y Dempsey Y Dickson Y Dollar
Drenner N Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster

Y Holt Y Horne Y Houston Y Howard
Hudson N Hugley
Jackson Y Jacobs Y James N Jamieson
Jenkins Y Jerguson Y Johnson, C E Johnson, T

Y Martin Y Maxwell Y May Y McCall N McKillip Y Meadows
Millar Y Mills Y Mitchell N Morgan Y Morris N Mosby Y Mumford N Murphy

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C Y Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T

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1253

N Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox N Crawford, M N Crawford, R Y Davis, H
Davis, S Y Day

Y Franklin Frazier
Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A E Holmes

Y Jones, J Y Jones, S Y Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk N Lucas E Lunsford Y Maddox
Mangham Y Manning Y Marin

Y Neal Y Nix N Oliver
O'Neal Parham Y Parrish Y Parsons Y Peake N Porter N Powell Y Pruett Y Ralston N Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A

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

On the adoption of the Resolution, by substitute, the ayes were 132, nays 29.

The Resolution was adopted, by substitute.

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 Speaker 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 185. By Representatives Fleming of the 117th, Talton of the 145th, Everson of the 106th, Bearden of the 68th, Keen of the 179th and others:

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 in some circumstances and nine jurors in other circumstances; to change provisions relating to the requirement of a jury finding of aggravating circumstance and recommending the death penalty; to provide for an

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effective date and applicability; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
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 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 vote of the jurors under certain circumstances; to change provisions relating to the requirement of a jury finding of aggravating circumstance and recommending the death penalty; 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 revising Code Section 17-10-31, relating to requirement of a jury finding of aggravating circumstance and recommendation of death penalty, as follows:
"17-10-31. Except as provided in this Code section or Code Section 17-10-31.1, where Where, upon a trial by jury, a person is convicted of an offense which may be punishable by death, a sentence of death shall not be imposed unless the jury verdict includes a finding of at least one statutory aggravating circumstance and a recommendation that such sentence be imposed. Where a statutory aggravating circumstance is found and a recommendation of death is made, the court shall sentence the defendant to death. Where a sentence of death is not recommended by the jury, the court shall sentence the defendant to imprisonment as provided by law in Code Section 17-10-31.1. Unless the jury trying the case makes a finding of at least one statutory aggravating circumstance and recommends the death sentence in its verdict, the court shall not sentence the defendant to death, provided that no such finding of statutory aggravating circumstance shall be necessary in offenses of treason or aircraft hijacking. This Code section shall not affect a sentence when the case is tried without a jury or when the judge accepts a plea of guilty."
SECTION 2. Said article is further amended by revising Code Section 17-10-31.1, relating to requirement of a jury finding aggravating circumstances and recommendation of sentence of death or life without parole, as follows:
"17-10-31.1.

TUESDAY, MARCH 20, 2007

1255

(a) Where, upon a trial by jury, a person is convicted of murder, a sentence of death or life without parole shall not be imposed unless the jury verdict includes a finding of at least one statutory aggravating circumstance and a recommendation that such sentence be imposed. (b) Where a statutory aggravating circumstance is found and a recommendation of life without parole is made, the court judge shall sentence the defendant to imprisonment for life without parole as provided in Code Section 17-10-16. (c) Where a statutory aggravating circumstance is found and the jury has been impaneled to determine the sentence and the jury has unanimously found the existence of at least one statutory aggravating circumstance but is unable to reach a unanimous verdict as to sentence, the judge shall dismiss the jury and shall impose a sentence of either life imprisonment, or imprisonment for life without parole, or death. (d) In imposing sentence, if the jury finds beyond a reasonable doubt that the defendant committed at least one statutory aggravating circumstance, the judge may sentence the defendant to:
(1) Imprisonment imprisonment for life without parole only if the court finds beyond a reasonable doubt that the defendant committed at least one statutory aggravating circumstance and the trial court if the judge has been informed by the jury foreman foreperson that upon their last vote, a majority of the jurors cast their vote for a sentence of death or for a sentence of life imprisonment without parole; or (2) Death if the judge has been informed by the jury foreperson that upon their last vote, at least 11 of the jurors cast their vote for a sentence of death; provided, however, that the trial judge may impose a sentence of life imprisonment or imprisonment for life without parole as provided by law. (d)(e) Notwithstanding any other provision of law, during the sentencing phase before a jury, counsel for the state and the accused may present argument and the trial judge may instruct the jury: (1) That 'life without parole' means that the defendant shall be incarcerated for the remainder of his or her natural life and shall not be eligible for parole unless such person is subsequently adjudicated to be innocent of the offense for which he or she was sentenced; and (2) That 'life imprisonment' means that the defendant will be incarcerated for the remainder of his or her natural life but will be eligible for parole during the term of such sentence."
SECTION 3. This Act shall become effective on July 1, 2007, and shall apply to all offenses which occur on or after July 1, 2007.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:

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JOURNAL OF THE HOUSE

Representative Keen of the 179th et al. offer the following amendment:

Amend the House Committee on Judiciary, Non-civil substitute (LC 29 2833S) to HB 185 by revising line 28 of page 2 to read as follows:

at least ten of the jurors cast their vote for a sentence of death;

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

N Abdul-Salaam N Abrams Y Amerson N Ashe Y Barnard Y Bearden N Beasley-Teague N Benfield Y Benton Y Black Y Bridges N Brooks N Bruce Y Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox N Crawford, M N Crawford, R N Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 N Frazier Y Freeman N Gardner Y Geisinger N Glanton E Golick N Gordon Y Graves Y Greene Y Hamilton 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 E Holmes

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

Y Martin Y Maxwell Y May Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby N Mumford N Murphy Y Neal Y Nix
Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake N Porter N Powell Y Pruett Y Ralston N Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders N Sailor N Scott, A

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

On the adoption of the amendment, the ayes were 100, nays 69.

The amendment was adopted.

TUESDAY, MARCH 20, 2007

1257

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 N Abrams Y Amerson N Ashe Y Barnard Y Bearden N Beasley-Teague N Benfield Y Benton Y Black Y Bridges N Brooks N Bruce Y Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox N Crawford, M Y Crawford, R N Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 N Frazier Y Freeman N Gardner Y Geisinger N Glanton E Golick N Gordon Y Graves Y Greene Y Hamilton 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 E Holmes

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

Y Martin Y Maxwell Y May Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby N Mumford N Murphy Y Neal Y Nix N Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake N Porter N Powell Y Pruett Y Ralston N Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders N Sailor N Scott, A

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

On the passage of the Bill, by substitute, as amended, the ayes were 106, nays 65.

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

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Representative Thomas of the 55th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon.
HB 487. By Representatives Scott of the 153rd, Keen of the 179th, Burkhalter of the 50th and Fleming of the 117th:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide that the candidate who receives the most votes in a primary, special primary, election, or special election, other than a municipal primary, municipal special primary, municipal election, or municipal special election shall be nominated or elected, provided that the votes for such candidate exceed 45 percent of the total votes cast in that contest in the primary, special primary, election, or special election; to provide a definition; to change the date of the presidential preference primary in Georgia; to change the date by which the parties must submit names to the Secretary of State for inclusion on the ballot and the date on which the Secretary of State shall publish such list of names; 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 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide that the candidate who receives the most votes in a primary, special primary, election, or special election, other than a municipal primary, municipal special primary, municipal election, or municipal special election shall be nominated or elected, provided that the votes for such candidate exceed 45 percent of the total votes cast in that contest in the primary, special primary, election, or special election; to provide a definition; to change the date of the presidential preference primary in Georgia; to change the date by which the parties must submit names to the Secretary of State for inclusion on the ballot and the date on which the Secretary of State shall publish such list of names; 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 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, is amended by revising paragraph (22) of Code Section 21-2-2, relating to definitions, as follows:

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(22) Reserved 'Plurality' means: (A) With regard to a primary, special primary, election, or special election other than a municipal primary, municipal special primary, municipal election, or municipal special election, the receiving by one candidate alone of the highest number of votes cast for eligible candidates in a primary, special primary, election, or special election among the candidates in such primary, special primary, election, or special election for the office such candidate is seeking, provided that such number of votes exceeds 45 percent of the total number of votes cast for eligible candidates in such primary, special primary, election, or special election for such office; or (B) With regard to a municipal primary, municipal special primary, municipal election, or municipal special election, the receiving by one candidate alone of the highest number of votes cast for eligible candidates in a primary, special primary, election, or special election among the candidates in such primary, special primary, election, or special election for the office the candidate is seeking.
In the case where two or more candidates for an office in a primary, special primary, election, or special election tie in receiving the highest number of votes or no candidate for an office other than a municipal office receives more than 45 percent of the total number of votes cast in a primary, special primary, election, or special election for such office, there is no plurality."
SECTION 2. Said chapter is further amended by revising Code Section 21-2-191, relating to parties entitled to hold primaries and the dates for such primaries, as follows:
"21-2-191. As provided in this article, a presidential preference primary shall be held in 1992 2008 and every four years thereafter for each political party or body which has cast for its candidates for President and Vice President in the last presidential election more than 20 percent of the total vote cast for President and Vice President in the state, so that the electors may express their preference for one person to be the candidate for nomination by such person's party or body for the office of President of the United States; provided, however, that no elector shall vote in the primary of more than one political party or body in the same presidential preference primary. Such primary shall be held on March 3, 1992 February 5, 2008, and on the first Tuesday in March February every four years thereafter. A state political party or body may by rule choose to elect any portion of its delegates to that party's or body's presidential nominating convention in the primary; and, if a state political party or body chooses to elect any portion of its delegates, such state political party or body shall establish the qualifying period for those candidates for delegate and delegate alternate positions which are to be elected in the primary and for any party officials to be elected in the primary and shall also establish the date on which state and county party executive committees shall certify to the Secretary of State or the superintendent, as the case may be, the names of any such candidates who are to be elected in the primary; provided, however, that such dates shall not be later than

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December 31 in November 1 of the year preceding the year in which the presidential preference primary is to be held."
SECTION 3. Said chapter is further amended by revising Code Section 21-2-193, relating to list of names of candidates to appear on ballot, as follows:
"21-2-193. Not later than December 31 in November 1 of the year preceding the year in which a presidential preference primary is to be held, the state executive committee of each party which is to conduct a presidential preference primary shall submit to the Secretary of State a list of the names of the candidates of such party to appear on the presidential preference primary ballot. Such lists shall be published by the Secretary of State in a newspaper of general circulation in the state during the first week of January December in the year immediately preceding the year in which the presidential preference primary is to be held."
SECTION 4. Said chapter is further amended by revising Code Section 21-2-501, relating to number of votes required for election, as follows:
"21-2-501. (a) Except as otherwise provided in this Code section, no candidate shall be nominated for public office in any primary or special primary or elected to public office in any election or special election unless such candidate shall have received a majority plurality of the votes cast to fill such nomination or public office. In instances where no candidate receives a majority plurality of the votes cast, a run-off primary, special primary runoff, run-off election, or special election runoff between the candidates receiving the two highest numbers of votes shall be held. Unless such date is postponed by a court order, such run-off primary or special primary runoff shall be held on the twenty-first day after the day of holding the preceding primary or special primary, provided that, unless postponed by court order, a runoff in the case of an election or special election shall be held on the twenty-eighth day after the day of holding the preceding election or special election. If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in the runoff. The candidate receiving the highest number of the votes cast in such run-off primary, special primary runoff, run-off election, or special election runoff to fill the nomination or public office sought shall be declared the winner. The name of a write-in candidate eligible for election in a runoff shall be printed on the election or special election run-off ballot in the independent column. The run-off primary, special primary runoff, run-off election, or special election runoff shall be a continuation of the primary, special primary, election, or special election for the particular office concerned. Only the electors who were duly registered to vote and not subsequently deemed disqualified to vote in the primary, special primary, election, or special election for candidates for that particular office

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shall be entitled to vote therein, and only those votes cast for the persons designated as candidates in such run-off primary, special primary runoff, run-off election, or special election runoff shall be counted in the tabulation and canvass of the votes cast. No elector shall vote in a run-off primary or special primary runoff in violation of Code Section 21-2-224. (b) For the purposes of this subsection, the word 'plurality' shall mean the receiving by one candidate alone of the highest number of votes cast. If the municipal charter or ordinances of a municipality as now existing or as amended subsequent to September 1, 1968, provide that a candidate may be nominated or elected by a plurality of the votes cast to fill such nomination or public office, such provision shall prevail. Otherwise, no municipal candidate shall be nominated for public office in any primary or elected to public office in any election unless such candidate shall have received a majority of the votes cast to fill such nomination or public office. (c) In instances in which no municipal candidate receives a majority of the votes cast and the municipal charter or ordinances do not provide for nomination or election by a plurality vote, a run-off primary or election shall be held between the candidates receiving the two highest numbers of votes. Such runoff shall be held on the twentyeighth day after the day of holding the first primary or election, unless such run-off date is postponed by court order. Only the electors entitled to vote in the first primary or election shall be entitled to vote in any run-off primary or election resulting therefrom; provided, however, that no elector shall vote in a run-off primary in violation of Code Section 21-2-216. The run-off primary or election shall be a continuation of the first primary or election, and only those votes cast for the candidates receiving the two highest numbers of votes in the first primary or election shall be counted. No write-in votes may be cast in such a primary, run-off primary, or run-off election. If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in such runoff. The municipal candidate receiving the highest number of the votes cast in such run-off primary or run-off election to fill the nomination or public office sought shall be declared the winner. (d) The name of a municipal write-in candidate eligible for election in a municipal runoff shall be printed on the municipal run-off election ballot in the independent column. (e) In all cities having a population in excess of 100,000 according to the United States decennial census of 1980 or any future such census, in order for a municipal candidate to be nominated for public office in any primary or elected to public office in any municipal election, he or she must receive a majority of the votes cast. (f) Except for presidential electors, to be elected to public office in a general election, a candidate must receive a majority of the votes cast in an election to fill such public office. To be elected to the office of presidential electors, no slate of candidates shall be required to receive a majority of the votes cast, but that slate of candidates shall be elected to such office which receives the highest number of votes cast."

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SECTION 5. 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 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide that the candidate who receives the most votes in a primary, special primary, or election, other than a municipal primary, municipal special primary, municipal election, or municipal special election shall be nominated or elected, provided that the votes for such candidate exceed 45 percent of the total votes cast in that contest in the primary, special primary, or election; to provide that the candidate who receives a majority of the votes cast in a special election shall be elected; to provide a definition; to change the date of the presidential preference primary in Georgia; to change the date by which the parties must submit names to the Secretary of State for inclusion on the ballot and the date on which the Secretary of State shall publish such list of names; 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 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, is amended by revising paragraph (22) of Code Section 21-2-2, relating to definitions, as follows:
(22) Reserved 'Plurality' means: (A) With regard to a primary, special primary, or election, other than a municipal primary, municipal special primary, municipal election, or municipal special election, the receiving by one candidate alone of the highest number of votes cast for eligible candidates in a primary, special primary, or election among the candidates in such primary, special primary, or election for the office such candidate is seeking, provided that such number of votes exceeds 45 percent of the total number of votes cast for eligible candidates in such primary, special primary, or election for such office; or (B) With regard to a municipal primary, municipal special primary, municipal election, or municipal special election, the receiving by one candidate alone of the highest number of votes cast for eligible candidates in a primary, special primary, election, or special election among the candidates in such primary, special primary, election, or special election for the office the candidate is seeking.
In the case where two or more candidates for an office in a primary, special primary, or election tie in receiving the highest number of votes or no candidate for an office other than a municipal office receives more than 45 percent of the total number of

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votes cast in a primary, special primary, or election for such office, there is no plurality."
SECTION 2. Said chapter is further amended by revising Code Section 21-2-191, relating to parties entitled to hold primaries and the dates for such primaries, as follows:
"21-2-191. As provided in this article, a presidential preference primary shall be held in 1992 2008 and every four years thereafter for each political party or body which has cast for its candidates for President and Vice President in the last presidential election more than 20 percent of the total vote cast for President and Vice President in the state, so that the electors may express their preference for one person to be the candidate for nomination by such person's party or body for the office of President of the United States; provided, however, that no elector shall vote in the primary of more than one political party or body in the same presidential preference primary. Such primary shall be held on March 3, 1992 February 5, 2008, and on the first Tuesday in March February every four years thereafter. A state political party or body may by rule choose to elect any portion of its delegates to that party's or body's presidential nominating convention in the primary; and, if a state political party or body chooses to elect any portion of its delegates, such state political party or body shall establish the qualifying period for those candidates for delegate and delegate alternate positions which are to be elected in the primary and for any party officials to be elected in the primary and shall also establish the date on which state and county party executive committees shall certify to the Secretary of State or the superintendent, as the case may be, the names of any such candidates who are to be elected in the primary; provided, however, that such dates shall not be later than December 31 in November 1 of the year preceding the year in which the presidential preference primary is to be held."
SECTION 3. Said chapter is further amended by revising Code Section 21-2-193, relating to list of names of candidates to appear on ballot, as follows:
"21-2-193. Not later than December 31 in November 1 of the year preceding the year in which a presidential preference primary is to be held, the state executive committee of each party which is to conduct a presidential preference primary shall submit to the Secretary of State a list of the names of the candidates of such party to appear on the presidential preference primary ballot. Such lists shall be published by the Secretary of State in a newspaper of general circulation in the state during the first week of January December in the year immediately preceding the year in which the presidential preference primary is to be held."
SECTION 4.

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Said chapter is further amended by revising Code Section 21-2-501, relating to number of votes required for election, as follows:
"21-2-501. (a)(1) Except as otherwise provided in this Code section, no candidate shall be nominated for public office in any primary or special primary or elected to public office in any election or special election unless such candidate shall have received a majority plurality of the votes cast to fill such nomination or public office. In instances where no candidate receives a majority plurality of the votes cast, a run-off primary, special primary runoff, or run-off election, or special election runoff between the candidates receiving the two highest numbers of votes shall be held. Unless such date is postponed by a court order, such run-off primary or special primary runoff shall be held on the twenty-first day after the day of holding the preceding primary or special primary, provided that, unless postponed by court order, a runoff in the case of an election or special election shall be held on the twenty-eighth day after the day of holding the preceding election or special election. If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in the runoff. The candidate receiving the highest number of the votes cast in such run-off primary, special primary runoff, or run-off election, or special election runoff to fill the nomination or public office sought shall be declared the winner. The name of a write-in candidate eligible for election in a runoff shall be printed on the election or special election runoff ballot in the independent column. The run-off primary, special primary runoff, or run-off election, or special election runoff shall be a continuation of the primary, special primary, or election, or special election for the particular office concerned. Only the electors who were duly registered to vote and not subsequently deemed disqualified to vote in the primary, special primary, or election, or special election for candidates for that particular office shall be entitled to vote therein, and only those votes cast for the persons designated as candidates in such run-off primary, special primary runoff, or run-off election, or special election runoff shall be counted in the tabulation and canvass of the votes cast. No elector shall vote in a run-off primary or special primary runoff in violation of Code Section 21-2-224. (2) Except as otherwise provided in this Code section, no candidate shall be elected to public office in any special election unless such candidate shall have received a majority of the votes cast to fill such public office. In instances where no candidate receives a majority of the votes cast, a special election runoff between the candidates receiving the two highest numbers of votes shall be held. Unless such date is postponed by a court order, such runoff shall be held on the twenty-eighth day after the day of holding the preceding special election. If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in the runoff. The candidate receiving the highest number of the votes cast in such special election runoff to fill the public office sought shall be declared the winner. The name of a write-in candidate eligible for election in a runoff shall be printed on the special election run-off ballot in

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the independent column. The special election runoff shall be a continuation of the special election for the particular office concerned. Only the electors who were duly registered to vote and not subsequently deemed disqualified to vote in the special election for candidates for that particular office shall be entitled to vote therein, and only those votes cast for the persons designated as candidates in such special election runoff shall be counted in the tabulation and canvass of the votes cast. (b) For the purposes of this subsection, the word 'plurality' shall mean the receiving by one candidate alone of the highest number of votes cast. If the municipal charter or ordinances of a municipality as now existing or as amended subsequent to September 1, 1968, provide that a candidate may be nominated or elected by a plurality of the votes cast to fill such nomination or public office, such provision shall prevail. Otherwise, no municipal candidate shall be nominated for public office in any primary or elected to public office in any election unless such candidate shall have received a majority of the votes cast to fill such nomination or public office. (c) In instances in which no municipal candidate receives a majority of the votes cast and the municipal charter or ordinances do not provide for nomination or election by a plurality vote, a run-off primary or election shall be held between the candidates receiving the two highest numbers of votes. Such runoff shall be held on the twentyeighth day after the day of holding the first primary or election, unless such run-off date is postponed by court order. Only the electors entitled to vote in the first primary or election shall be entitled to vote in any run-off primary or election resulting therefrom; provided, however, that no elector shall vote in a run-off primary in violation of Code Section 21-2-216. The run-off primary or election shall be a continuation of the first primary or election, and only those votes cast for the candidates receiving the two highest numbers of votes in the first primary or election shall be counted. No write-in votes may be cast in such a primary, run-off primary, or run-off election. If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in such runoff. The municipal candidate receiving the highest number of the votes cast in such run-off primary or run-off election to fill the nomination or public office sought shall be declared the winner. (d) The name of a municipal write-in candidate eligible for election in a municipal runoff shall be printed on the municipal run-off election ballot in the independent column. (e) In all cities having a population in excess of 100,000 according to the United States decennial census of 1980 or any future such census, in order for a municipal candidate to be nominated for public office in any primary or elected to public office in any municipal election, he or she must receive a majority of the votes cast. (f) Except for presidential electors, to be elected to public office in a general election, a candidate must receive a majority of the votes cast in an election to fill such public office. To be elected to the office of presidential electors, no slate of candidates shall be required to receive a majority of the votes cast, but that slate of candidates shall be elected to such office which receives the highest number of votes cast."

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SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

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

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

N Abdul-Salaam N Abrams Y Amerson Y Ashe Y Barnard Y Bearden N Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H N Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton
Hanner Y Harbin N Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A E Holmes

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

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter N Powell Y Pruett Y Ralston Y Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the passage of the Bill, by substitute, the ayes were 154, nays 11.

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

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HB 214. By Representatives Barnard of the 166th, Smith of the 70th, Stephens of the 164th, Parsons of the 42nd, Lane of the 158th and others:
A BILL to be entitled an Act to amend Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Jekyll Island-- State Park Authority, so as to provide for a renewal of the property lease to the authority; to extend the existence of the authority consistent with such lease renewal; to provide for legislative oversight of the authority; to provide for 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 Part 2 of Article 1 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Recreational Authorities Overview Committee, so as to remove the Jekyll Island--State Park Authority from the committee's review; to amend Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Jekyll Island--State Park Authority, so as to provide for a renewal of the property lease to the authority; to extend the existence of the authority consistent with such lease renewal; to provide for legislative oversight of the authority; to provide for advisory members of the authority; to amend certain provisions relating to the master plan as to Jekyll Island; to clarify that the authority is exempt from certain taxation; to provide for legislative 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. The Georgia General Assembly finds that Jekyll Island is home to some of the state's most treasured natural and cultural resources and it is the expressed intent of this body to ensure the preservation of these resources for the enjoyment of all Georgians now and for future generations to come. For this reason, the state shall continue its commitment that not less than 65 percent of the land area of Jekyll Island which lies above water at mean high tide shall remain undeveloped. Jekyll Island proudly displays one of Georgia's largest stretches of barrier island property. It is the expressed intent of this body that the beach areas of Jekyll Island will remain free and open for the use of the people of the state. Commercial improvement is intended to better existing and future development of the remaining 35 percent of Jekyll Island while retaining public access to the beaches for the pleasure of all of Georgia's citizens. The General Assembly further finds that the deteriorating conditions of public and commercial facilities is of great interest to the legislature and to the public and that by significantly extending the existing lease

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authority for the island's property, the state will thereby help to secure and encourage future investments and provide a basis for long-term revitalization of the island. Jekyll Island is recognized by this body as "Georgia's Jewel," and its remarkable beauties are hereby preserved so that they may continue to shine for all citizens of Georgia.
SECTION 2. Part 2 of Article 1 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Recreational Authorities Overview Committee, is amended by revising Code Section 12-3-20, relating to creation of the committee and duty to review designated authorities, as follows:
"12-3-20. There is created as a joint committee of the General Assembly the Recreational Authorities Overview Committee to be composed of three members of the House of Representatives appointed by the Speaker of the House of Representatives and three members of the Senate appointed by the President of the Senate. The members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The chairperson of the committee shall be appointed by the Speaker of the House of Representatives from the membership of the committee, and the vice chairperson of the committee shall be appointed by the President of the Senate from the membership of the committee. The chairperson and vice chairperson 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 chairperson or vice chairperson 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 Stone Mountain Memorial Association, the Jekyll Island--State Park Authority, the North Georgia Mountains Authority, and the Lake Lanier Islands Development Authority and shall periodically review and evaluate the success with which each of the said authorities is accomplishing its statutory duties and functions as provided in this chapter."
SECTION 3. Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Jekyll Island--State Park Authority, is amended by revising Code Section 12-3-232 as follows:
"12-3-232. (a) There is created a body corporate and politic to be known as the Jekyll Island-- State Park Authority, which shall be deemed to be an instrumentality of the state and a public corporation, and by that name, style, and title such body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts. The authority may delegate to one or more of its members, or to its officers, agents, and employees, such powers and duties as it may deem proper. The authority shall exist for 99 years and, upon the expiration thereof, shall exist for an additional 50 years.

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(b) The authority is assigned to the Department of Natural Resources for administrative purposes only."
SECTION 4. Said part is further amended by revising Code Section 12-3-233, relating to appointment of members to the Jekyll Island--State Park Authority, by redesignating subsections (d) and (e) as subsections (f) and (g) and inserting new subsections (d) and (e) as follows:
"(d) Two advisory members shall be appointed to serve on the authority in an advisory capacity only without voting privileges. One advisory member shall be appointed by the Speaker of the House and one advisory member shall be appointed by the President of the Senate. Advisory members shall be appointed from the membership of the Jekyll Island--State Park Authority Oversight Committee. This subsection shall stand automatically repealed and reserved on December 31, 2009. (e) Membership on the council does not constitute public office and no member shall be disqualified from holding public office by reason of his or her membership."
SECTION 5. Said part is further amended by revising Code Section 12-3-234, relating to accountability of members, as follows:
"12-3-234. (a) The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall submit for inspection all of the books, together with a proper statement of the authority's financial position, once a year on or about December 31 to the state auditor and to the Jekyll Island--State Park Authority Oversight Committee. The books and records shall be inspected and audited by the state auditor at least once in each year. The authority shall also submit a quarterly summary of each lease and contract agreement involving an amount in excess of $50,000.00 to the legislative oversight committee. Upon request, a copy of the lease or contract agreement or other documents so requested shall be provided to the members of the oversight committee. (b) There is created as a joint committee of the General Assembly the Jekyll Island-- State Park Authority Oversight Committee to be composed of three members of the House of Representatives appointed by the Speaker of the House, one of whom shall be from the House Committee on State Institutions and Property, and three members of the Senate appointed by the President of the Senate, one of whom shall be from the Senate Committee on State Institutions and Property. The members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The chairperson of the committee shall be appointed by the President of the Senate from the membership of the committee, and the vice chairperson of the committee shall be appointed by the Speaker of the House from the membership of the committee during odd-numbered years. The chairperson of the committee shall be appointed by the Speaker of the House from the membership of the committee, and the vice

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chairperson of the committee shall be appointed by the President of the Senate from the membership of the committee during even-numbered years. The chairperson and vice chairperson shall serve terms of one year beginning January 1, 2007. Vacancies in an appointed member's position or in the offices of chairperson or vice chairperson of the committee shall be filled for the unexpired term in the same manner as the original appointment. The committee shall advise the General Assembly regarding the authority's compliance with the provisions required by this part. The committee shall meet upon the call of the chairperson."
SECTION 6. Said part is further amended by revising subsection (a) of Code Section 12-3-241, relating to the lease to the authority, as follows:
"(a) To the authority is granted, for and on the part of the State of Georgia, a lease for a term of 99 years, beginning on February 13, 1950, to which term shall be automatically extended an additional 50 years upon the ending of the initial term. The lease shall be for all of that island of the State of Georgia, County of Glynn, being known as Jekyll Island and the marshes and marsh islands adjacent and adjoining the same owned by the State of Georgia; being that island of 11,000 acres, more or less, lying east of the mainland coast of Georgia, County of Glynn, bounded on its easterly shore by the Atlantic Ocean; bounded upon its northerly shore by Brunswick River, bounded on its westerly shore by Brunswick River, Jekyll Creek, Jekyll River, and Jekyll Sound; and bounded on its southerly shore by Jekyll Sound, together with the adjacent and adjoining marshes and marsh islands; which properties may also be described as all of the lands acquired by the State of Georgia in a certain condemnation proceeding, State of Georgia vs. Jekyll Island Club, Inc., et al., filed June 6, 1947, in Glynn County Superior Court; which properties may also be described in all conveyances, conveying any and all parts of Jekyll Island and the adjacent and adjoining marshes and marsh islands to the State of Georgia, recorded upon the official deed books of Glynn County as of February 13, 1950, all and each one of said conveyances being, by reference, expressly incorporated into this Code section and made in their entireties, a part hereof."
SECTION 7. Said part is further amended by revising Code Section 12-3-243.1, relating to the master plan as to Jekyll Island, as follows:
"12-3-243.1. (a) The authority shall, on or before July 1, 1996, cause to be created a master plan for the management, preservation, protection, and development of Jekyll Island. The master plan shall delineate, based upon aerial survey, the present and permitted future uses of the land area of Jekyll Island which lies above water at mean high tide and shall designate areas to be managed as environmentally sensitive, historically sensitive, and active use areas. The master plan shall also delineate the boundaries of the area or areas delineated on the master plan as the 65 percent of the land area of Jekyll Island

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which lies above water at mean high tide and over which the authority has no power to improve, lease, or sell pursuant to subsection (a) of Code Section 12-3-243. If the aerial survey demonstrates that the percentage of undeveloped land on Jekyll Island is presently less than 65 percent, then no further development of undeveloped land shall be permitted in the master plan. (b) In the creation of the master plan, the authority shall, after preparation of a preliminary plan, give notice of the existence of the preliminary plan in the legal organs of Glynn and Fulton counties and in at least two newspapers of state-wide general circulation not less than 60 days prior to the meeting of the authority at which the preliminary plan is to be considered for final adoption. After giving this notice, the authority shall hold a public hearing at a convenient location on Jekyll Island and receive and consider such oral and written comments on the preliminary plan as may be presented. (c) The authority, in the exercise of its authority to develop, manage, preserve, and protect Jekyll Island, shall be guided by and shall adhere to the master plan as the same may from time to time be amended as provided in subsection (d) of this Code section. (d) The authority may, from time to time, amend the master plan but only in compliance with the following procedure:
(1) Any proposed amendment to the master plan shall be described in written form and, if capable of such description, in visual form and presented publicly at a regular meeting of the authority; (2) After the proposed amendment is presented publicly at a regular meeting of the authority, a brief summary of the proposed amendment shall be advertised in the legal organs of Glynn and Fulton counties, distributed to the media by news release, and published in appropriate publications of the authority. Each such advertisement, news release, and publication shall also contain:
(A) The time and place of the public hearing on the proposed amendment, which public hearing shall be held no earlier than 15 days after the latest publication of the advertisement in the legal organ of Glynn or Fulton County as required by this paragraph; (B) Directions as to the manner of receiving comments from the public regarding the proposed amendment; and (C) The date on which the meeting of the authority at which the proposed amendment will be considered for approval or rejection, which meeting shall not be held any sooner than 30 days after the meeting of the authority at which the proposed amendment was announced pursuant to paragraph (1) of this subsection; (3) The authority shall transmit three by certified mail or personal service copies of the information required by paragraph (2) of this subsection and a complete copy of the proposed amendment to the Speaker of the House, President of the Senate, members of the Jekyll Island--State Park Authority Oversight Committee, and Office of Legislative Counsel at least 30 60 days prior to the date of the meeting at which the proposed amendment will be considered. The Office of Legislative Counsel shall immediately furnish the presiding officers of each house with a copy of the

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information received. The presiding officers of each house, or the Office of Legislative Counsel if the a presiding officer is unavailable, shall then assign the information to the chairperson of the appropriate standing committee in each house for review and provide copies to any member of that house the General Assembly who makes, or has made, a standing written request; (4) In the event a standing committee to which the information has been assigned as provided in paragraph (3) of this subsection the Jekyll Island--State Park Authority Oversight Committee files an objection to a proposed amendment to the master plan with the chairperson of the authority prior to the authority's taking action on the proposed amendment and the authority adopts the proposed amendment over the objection, the authority shall notify the presiding officers of the Senate and House of Representatives, the chairpersons of the standing committees to which the information was referred, and the Office of Legislative Counsel within ten days after the adoption of the amendment to the master plan, then the same shall be stayed. Thereafter, by introduction of a resolution to override the amendment consider the committee's objection within the first 30 days of the next regular session of the General Assembly, the amendment objection may be considered for ratification by the branch of the General Assembly whose committee objected to its adoption. In the event the resolution is adopted by the members of the branch of the General Assembly in which it is introduced, it shall be immediately transferred to the other branch of the General Assembly, which branch shall consider the resolution within five days of its being received. In the event the resolution to override the amendment to the master plan is adopted by a vote of two-thirds of the members of each branch, the amendment to the master plan shall be void on the day after the adoption of the resolution by the second branch of the General Assembly not be adopted by the authority. In the event the resolution is ratified by a vote of less than two-thirds of the members of either house, the resolution shall be submitted to the Governor for approval or veto. In the event the resolution fails to pass both houses or is vetoed by the Governor, the amendment to the master plan shall remain in effect may be adopted by the authority and the stay of the committee shall be lifted. In the event of the Governor's approval of the resolution, the amendment to the master plan shall be void on the day after the date of the Governor's approval of the resolution prohibited; (5) Any proposed changes to the boundaries of the area or areas delineated on the master plan as the 65 percent of the land area of Jekyll Island which lies above water at mean high tide and over which the authority has no power to improve, lease, or sell pursuant to subsection (a) of Code Section 12-3-243 shall be surveyed and marked at least seven days prior to the public hearing required by paragraph (2) of this subsection in such a fashion as to be readily discernible on the ground by members of the public; and (6) At the meeting of the authority which has been identified in the advertisement required by paragraph (2) of this subsection as the meeting to consider the approval or rejection of the proposed amendment, the authority shall consider in an open and public meeting the proposed amendment to the master plan which, if approved, shall

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become a part of the master plan, subject, however, to the provisions of paragraph (4) of this subsection."

SECTION 8. Said part is further amended by revising Code Section 12-3-274, relating to the exemption from taxation of authority property, activities, income, and bonds, as follows:
"12-3-274. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose are in all respects for the benefit of the people of this state and constitute a public purpose and that the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this part. 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 upon any fees, rentals, or other charges received by the authority for the use of such buildings, or upon other income received by the authority and that the authority shall be exempt from all sales and use taxes. Further, this state covenants that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from all taxation within the state."

SECTION 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, 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 Abrams Y Amerson N Ashe Y Barnard Y Bearden N Beasley-Teague N Benfield Y Benton Y Black Y Bridges Y Brooks

Y Dempsey Y Dickson Y Dollar N Drenner Y Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J

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

E Martin Y Maxwell Y May Y McCall N McKillip Y Meadows Y Millar Y Mills Y Mitchell N Morgan Y Morris N Mosby

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C Y Sims, F N Sinkfield Y Smith, B Y Smith, L

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Y Bruce Y Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas E Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M N Crawford, R Y Davis, H Y Davis, S Y Day

Y Fludd Y Forster Y Franklin N Frazier Y Freeman N Gardner Y Geisinger N Glanton E Golick N Gordon Y Graves Y Greene Y Hamilton 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 E Holmes

N Johnson, C E Johnson, T Y Jones, J Y Jones, S
Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin

N Mumford N Murphy Y Neal Y Nix N Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake N Porter Y Powell Y Pruett Y Ralston N Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the passage of the Bill, by substitute, the ayes were 130, nays 35.

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

Representative Howard of the 121st stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Harbin of the 118th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

HB 94. By Representatives Richardson of the 19th, Harbin of the 118th, Golick of the 34th, Burkhalter of the 50th, Keen of the 179th and others:

A BILL to amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2006, and ending June 30, 2007, known as the "General Appropriations Act;" 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:

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HB 318. By Representatives Benton of the 31st, Coleman of the 97th, Bridges of the 10th, Meadows of the 5th and Maxwell of the 17th:
A BILL to be entitled an Act to amend Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Investment Authority Law," so as to provide that certain foreign corporations shall be deemed to be United States corporations for purposes of investment by public retirement systems; to allow the investment of public retirement system assets in certain real estate trusts; to increase the percentage of the assets of certain public retirement systems that may be invested in foreign corporations; to provide that certain public retirement systems may enter into certain contracts, agreements, and other obligations; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and withdrawn:
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 provide that certain foreign corporations shall be deemed to be United States corporations for purposes of investment by public retirement systems; to allow the investment of public retirement system assets in certain real estate trusts; to increase the percentage of the assets of certain public retirement systems that may be invested in foreign corporations; to provide that certain public retirement systems may enter into certain contracts, agreements, and other obligations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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 revising paragraph (1) of subsection (a) of Code Section 47-20-83, relating to certificated or uncertificated forms of investment and real estate investments, as follows:
"(1) Corporations or obligations of corporations organized under the laws of this state or any other state or under the laws of Canada, but only if the corporation has a market capitalization equivalent to $100 million; provided, however, that except as provided in Code Section 47-20-84, no fund shall invest in corporations or in obligations of corporations organized in a country other than the United States or Canada; provided, further, that such obligation shall be listed as investment grade by a nationally recognized rating agency. For purposes of this paragraph, a corporation organized under the laws of a country other than the United States or Canada shall be deemed to be organized under the laws of this state or another state unless it is a

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private foreign issuer within the meaning of United States Securities and Exchange Commission Rule 3b-4, 17 C.F.R. Section 240.3b-4, as such appears on July 1, 2007;"
SECTION 2. Said article is further amended in subsection (a) of said Code Section 47-20-83, by striking "and" at the end of paragraph (20), by replacing the period with "; and" at the end of paragraph (21), and by adding a new paragraph to read as follows:
"(22) Business entities organized under the laws of this state or any other state or under the laws of Canada, but only if the business entity has a minimum market capitalization equivalent to $100 million and if the business entity has elected to be taxed and continues to qualify as a real estate investment trust under Section 856 through Section 860 of the federal Internal Revenue Code, 26 U.S.C. Section 856 through Section 860; provided, however, that except as provided in Code Section 4720-84, no fund shall invest in business entities organized in a country other than the United States or Canada."
SECTION 3. Said article is further amended by revising subsection (b) of Code Section 47-20-84, relating to large retirement systems, as follows:
"(b) A large retirement system may not invest more than 10 20 percent of the retirement system assets in corporations or in obligations of corporations organized in a country other than the United States or Canada subject to the provisions of paragraph (1) of subsection (a) of Code Section 47-20-83."
SECTION 4. Said article is further amended in said Code Section 47-20-84, by adding a new subsection to read as follows:
"(f) A large retirement system may enter into contracts, agreements, and other instruments designed to manage risk exposure."
SECTION 5. 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 Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Investment Authority Law," so as to provide that certain foreign corporations shall be deemed to be United States corporations for purposes of investment by public retirement systems; to allow the investment of public retirement system assets in certain real estate trusts; to increase the percentage of the assets of certain public retirement systems that may be invested in foreign corporations; to provide

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that certain public retirement systems may enter into certain contracts, agreements, and other obligations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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 revising paragraph (1) of subsection (a) of Code Section 47-20-83, relating to certificated or uncertificated forms of investment and real estate investments, as follows:
"(1) Corporations or obligations of corporations organized under the laws of this state or any other state or under the laws of Canada, but only if the corporation has a market capitalization equivalent to $100 million; provided, however, that except as provided in Code Section 47-20-84, no fund shall invest in corporations or in obligations of corporations organized in a country other than the United States or Canada; provided, further, that such obligation shall be listed as investment grade by a nationally recognized rating agency. For purposes of this paragraph, a corporation organized under the laws of a country other than the United States or Canada shall be deemed to be organized under the laws of this state or another state unless it is a private foreign issuer within the meaning of United States Securities and Exchange Commission Rule 3b-4, 17 C.F.R. Section 240.3b-4, as such appears on July 1, 2007;"
SECTION 2. Said article is further amended in subsection (a) of said Code Section 47-20-83, by striking "and" at the end of paragraph (20), by replacing the period with "; and" at the end of paragraph (21), and by adding a new paragraph to read as follows:
"(22) Business entities organized under the laws of this state or any other state or under the laws of Canada, but only if the business entity has a minimum market capitalization equivalent to $100 million and if the business entity has elected to be taxed and continues to qualify as a real estate investment trust under Section 856 through Section 860 of the federal Internal Revenue Code, 26 U.S.C. Section 856 through Section 860; provided, however, that except as provided in Code Section 4720-84, no fund shall invest in business entities organized in a country other than the United States or Canada."
SECTION 3. Said article is further amended by revising subsection (b) of Code Section 47-20-84, relating to large retirement systems, as follows:
"(b) A large retirement system may not invest more than 10 15 percent of the retirement system assets in corporations or in obligations of corporations organized in a country other than the United States or Canada subject to the provisions of paragraph (1) of subsection (a) of Code Section 47-20-83."

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SECTION 4. Said article is further amended in said Code Section 47-20-84, by adding a new subsection to read as follows:
"(f) A large retirement system may enter into contracts, agreements, and other instruments designed to manage risk exposure."

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Benton of the 31st moves to amend the Rules Committee substitute to HB 318 as follows:

Section 1 Page 1 - Line 25. Following July 1, 2007. "This will not include any investment with any corporation that is included in the terrorism sanctions issued by the Office of Foreign Assets Control of the United States Department of the Treasury pursuant to Executive Order 13224 signed by the President of the United States on September 23, 2001."

The following amendment was read:

Representative Thomas of the 100th moves to amend the Rules Committee substitute to HB 318 as follows:

Delete on line 21, page 1, beginning with the words "for purposes" through line 25, page 1.

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

Abdul-Salaam Y Abrams N Amerson Y Ashe N Barnard
Bearden Y Beasley-Teague
Benfield N Benton N Black N Bridges Y Brooks N Bruce E Bryant Y Buckner N Burkhalter

N Dempsey N Dickson N Dollar
Drenner Y Dukes N Ehrhart N England Y Epps N Everson N Fleming N Floyd, H N Floyd, J Y Fludd N Forster N Franklin N Frazier

N Holt N Horne Y Houston N Howard Y Hudson Y Hugley
Jackson N Jacobs Y James Y Jamieson Y Jenkins N Jerguson N Johnson, C E Johnson, T N Jones, J Y Jones, S

E Martin N Maxwell N May N McCall Y McKillip N Meadows N Millar N Mills Y Mitchell
Morgan N Morris Y Mosby N Mumford Y Murphy N Neal N Nix

N Scott, M N Sellier N Setzler N Shaw N Sheldon Y Shipp N Sims, B N Sims, C N Sims, F
Sinkfield N Smith, B N Smith, L N Smith, R N Smith, T N Smith, V E Smyre

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1279

N Burns N Butler N Byrd N Carter, A N Carter, B N Casas N Chambers N Channell N Cheokas N Coan N Cole N Coleman N Collins N Cooper N Cox N Crawford, M Y Crawford, R N Davis, H N Davis, S N Day

N Freeman Y Gardner N Geisinger N Glanton E Golick Y Gordon N Graves N Greene N Hamilton
Hanner N Harbin N Hatfield N Heard, J Y Heard, K
Heckstall N Hembree
Henson N Hill, C N Hill, C.A E Holmes

Y Jordan Y Kaiser N Keen N Keown N Knight
Knox N Lakly N Lane, B N Lane, R Y Levitas N Lewis N Lindsey N Lord N Loudermilk Y Lucas N Lunsford N Maddox N Mangham N Manning Y Marin

Y Oliver N O'Neal E Parham N Parrish Y Parsons N Peake Y Porter Y Powell N Pruett
Ralston Y Randall Y Reece N Reese N Rice N Roberts N Rogers N Royal N Rynders
Sailor N Scott, A

Y Stanley-Turner Y Starr N Stephens Y Stephenson N Talton Y Teilhet Y Thomas, A.M Y Thomas, B N Tumlin Y Walker E Watson N Wilkinson N Willard Y Williams, A
Williams, E N Williams, M N Williams, R Y Wix
Yates Richardson, Speaker

On the adoption of the amendment, the ayes were 44, nays 112.

The amendment was lost.

The Rules Committee substitute, as amended, was adopted.

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

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

Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard N Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks N Bruce E Bryant N Buckner Y Burkhalter Y Burns Y Butler

Y Dempsey Y Dickson Y Dollar
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 N Frazier Y Freeman Y Gardner

Y Holt Y Horne N Houston Y Howard N Hudson Y Hugley
Jackson Y Jacobs N James N Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S N Jordan Y Kaiser

E Martin Y Maxwell Y May
McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris N Mosby Y Mumford Y Murphy Y Neal Y Nix N Oliver Y O'Neal

Y Scott, M Y Sellier Y Setzler N Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V E Smyre N Stanley-Turner Y Starr

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N Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox N Crawford, M N Crawford, R Y Davis, H Y Davis, S Y Day

Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton N Hanner Y Harbin N Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A E Holmes

Y Keen Y Keown Y Knight
Knox N Lakly Y Lane, B Y Lane, R N Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk N Lucas N Lunsford Y Maddox N Mangham Y Manning Y Marin

E Parham Y Parrish N Parsons Y Peake Y Porter N Powell Y Pruett N Ralston N Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

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

On the passage of the Bill, by substitute, as amended, the ayes were 128, nays 33.

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.

HB 77. By Representatives Franklin of the 43rd, Scott of the 2nd, Loudermilk of the 14th, Lunsford of the 110th, Mumford of the 95th and others:

A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to repeal provisions relating to traffic-control signal monitoring devices; to correct crossreferences; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read:

A BILL

To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to require use of a certified peace officer to swear to a traffic light violation; to provide for an engineering study; to provide for changing timing; to provide for reports to the Department of Transportation; to provide for disposition of funds collected through use of traffic-control signal monitoring devices; to provide for related

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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 revised in Code Section 40-6-20, relating to enforcement by traffic-control signal monitoring devices, as follows:
"40-6-20. (a) The driver of any vehicle shall obey the instructions of an official traffic-control device applicable thereto, placed in accordance with this chapter, unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter. A violation of this subsection shall be a misdemeanor, except as otherwise provided by subsection (f) of this Code section. (b) No provisions of this chapter which require official traffic-control devices shall be enforced against an alleged violator if at the time and place of the alleged violation an official device was not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular Code section does not state that official traffic-control devices are required, such Code section shall be effective even though no devices are erected or in place. (c) Whenever official traffic-control devices are placed in position approximately conforming to the requirements of this chapter, such devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence. (d) Any official traffic-control device placed pursuant to this chapter and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this chapter, unless the contrary shall be established by competent evidence. (e) The disregard or disobedience of the instructions of any official traffic-control device or signal placed in accordance with the provisions of this chapter by the driver of a vehicle shall be deemed prima-facie evidence of a violation of law, without requiring proof of who and by what authority such sign or device has been erected.
(f)(1) As used in this subsection, the term: (A) 'Owner' means the registrant of a motor vehicle, except that such term shall not include a motor vehicle rental company when a motor vehicle registered by such company is being operated by another person under a rental agreement with such company. (B) 'Recorded images' means images recorded by a traffic-control signal monitoring device: (i) On: (I) Two or more photographs; (II) Two or more microphotographs;

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(III) Two or more electronic images; or (IV) Videotape; and (ii) Showing a traffic-control signal displaying a CIRCULAR RED or RED ARROW signal along with the rear of a motor vehicle apparently operated in disregard or disobedience of such signal and, on at least one image or portion of tape, clearly revealing the number or other identifying designation of the license plate displayed on the motor vehicle. (C) 'Traffic-control signal monitoring device' means a device with one or more motor vehicle sensors working in conjunction with a traffic-control signal to produce recorded images of motor vehicles being operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal. (2) Subsection (a) of this Code section may be enforced as provided in this subsection pursuant to the use of traffic-control signal monitoring devices in accordance with Article 3 of Chapter 14 of this title. (3) For the purpose of enforcement pursuant to this subsection: (A) The driver of a motor vehicle shall be liable for a civil monetary penalty of not more than $70.00 if such vehicle is found, as evidenced by recorded images produced by a traffic-control signal monitoring device, to have been operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal in violation of subsection (a) of this Code section and such disregard or disobedience was not otherwise authorized by law; (B) The law enforcement agency for which such device is permitted shall send by first-class mail addressed to the owner of the motor vehicle postmarked not later than ten days after the date of the alleged violation: (i) A citation for the alleged violation, which shall include the date and time of the violation, the location of the intersection, the amount of the civil monetary penalty imposed, and the date by which the civil monetary penalty shall be paid; (ii) A copy of the recorded image; (iii) A copy of a certificate sworn to or affirmed by a trained law enforcement certified peace officer or a technician employed by a law enforcement agency for which such device is authorized and stating that, based upon inspection of recorded images, the owner's motor vehicle was operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal in violation of subsection (a) of this Code section and that such disregard or disobedience was not otherwise authorized by law; (iv) A statement of the inference provided by subparagraph (D) of this paragraph and of the means specified therein by which such inference may be rebutted; (v) Information advising the owner of the motor vehicle of the manner and time in which liability as alleged in the citation may be contested in court; and (vi) Warning that failure to pay the civil monetary penalty or to contest liability in a timely manner shall waive any right to contest liability and result in a civil monetary penalty;

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provided, however, that only warning notices and not citations for violations shall be sent during the 30 day period commencing with the installation of a trafficcontrol signal monitoring device at such location; (C) Proof that a motor vehicle was operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal in violation of subsection (a) of this Code section shall be evidenced by recorded images produced by a traffic-control signal monitoring device authorized pursuant to Article 3 of Chapter 14 of this title. A copy of a certificate sworn to or affirmed by a trained law enforcement certified peace officer or a technician employed by a law enforcement agency for which such device is authorized and stating that, based upon inspection of recorded images, a motor vehicle was operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal in violation of subsection (a) of this Code section and that such disregard or disobedience was not otherwise authorized by law shall be primafacie evidence of the facts contained therein; and (D) Liability under this subsection shall be determined based upon preponderance of the evidence. Prima-facie evidence that the vehicle described in the citation issued pursuant to this subsection was operated in violation of subsection (a) of this Code section, together with proof that the defendant was at the time of such violation the registered owner of the vehicle, shall permit the trier of fact in its discretion to infer that such owner of the vehicle was the driver of the vehicle at the time of the alleged violation. Such an inference may be rebutted if the owner of the vehicle:
(i) Testifies under oath in open court that he or she was not the operator of the vehicle at the time of the alleged violation; (ii) Presents to the court prior to the return date established on the citation a certified 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; or (iii) Submits to the court prior to the return date established on the citation a sworn notarized statement identifying the name of the operator of the vehicle at the time of the alleged violation. (4) A violation for which a civil penalty is imposed pursuant to this subsection shall not be considered a moving traffic violation, for the purpose of points assessment under Code Section 40-5-57. Such violation shall be deemed noncriminal, and imposition of a civil penalty pursuant to this subsection shall not be deemed a conviction and shall not be made a part of the operating record of the person upon whom such liability is imposed, nor shall it be used for any insurance purposes in the provision of motor vehicle insurance coverage. (5) If a person summoned by first-class mail fails to appear on the date of return set out in the citation and has not paid the penalty for the violation or filed a police report or affidavit pursuant to division (3)(D)(ii) or (3)(D)(iii) of this subsection, the person summoned shall have waived the right to contest the violation and shall be liable for a civil monetary penalty of not more than $70.00.

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(6) Any court having jurisdiction over violations of subsection (a) of this Code section or any ordinance adopting the provisions of said subsection pursuant to Code Section 40-6-372 shall have jurisdiction over cases arising under this subsection and shall be authorized to impose the civil monetary penalty provided by this subsection. Except as otherwise provided in this subsection, the provisions of law governing jurisdiction, procedure, defenses, adjudication, appeal, and payment and distribution of penalties otherwise applicable to violations of subsection (a) of this Code section shall apply to enforcement under this subsection; provided, however, that any appeal from superior or state court shall be by application in the same manner as that provided by Code Section 5-6-35. (7) Recorded images made for purposes of this subsection shall not be a public record for purposes of Article 4 of Chapter 18 of Title 50. (8) The provisions of this subsection shall not limit law enforcement agencies to the use of traffic-control signal monitoring devices in enforcing subsection (a) of this Code section; and, when there is evidence obtained from another source or sources which constitutes a prima-facie case of a violation of subsection (a) of this Code section, such violation may be prosecuted as otherwise provided by law in lieu of, but not in addition to, enforcement under this subsection."
SECTION 2. Said title is further amended by revising Code Section 40-14-21, relating to the use of traffic-control signal monitoring devices, as follows:
"40-14-21. (a) The law enforcement agency of any county or municipality shall not use trafficcontrol signal monitoring devices unless the chief law enforcement officer of such county or municipality desires the use of such devices and such use is approved by the governing authority of the county or municipality. The governing authority of the county or municipality shall conduct a public hearing on the proposed use of such devices prior to entering any contract on or after July 1, 2001, for the use or purchase of such devices. (b) No county or municipality shall operate a traffic-control signal monitoring device unless it has first conducted a traffic engineering study of the approach to an intersection to determine whether, in addition to or as an alternative to the trafficcontrol signal monitoring device, a design change to the approach, reducing the approach speed, or a change in the signalization of the intersection is likely to reduce the number of accidents or red light violations at that intersection. This report shall be submitted with the annual report required under these provisions. (c) No county or municipal governing authority shall be authorized to use trafficcontrol signal monitoring devices where any arresting officer or official of the court having jurisdiction of traffic cases is paid on a fee system. This subsection shall not apply to any official receiving a recording fee. (d) A county or municipality shall not impose a civil penalty under this Code section on the owner of a motor vehicle if the operator of the vehicle was arrested or issued a

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citation and notice to appear by a peace officer for the same violation that is recorded by a traffic- control signal monitoring device. (c)(e) If a county or municipality elects to use traffic-control signal monitoring devices, no portion of any civil monetary penalty collected through the use of such devices may be paid to the manufacturer or vendor of the traffic-control signal monitoring devices. The compensation paid by the county or municipality for such devices shall be based on the value of such equipment and shall not be based on the number of citations issued or the revenue generated by such devices.
(d)(f)(1) A traffic-control signal monitoring device shall not be used by a law enforcement agency unless the law enforcement agency employs at least one full-time certified peace officer. (2) Failure of a law enforcement agency to continue to meet the standards provided by this subsection shall cause such agency to be ineligible to use traffic-control signal monitoring devices. (e)(g) A traffic-control signal monitoring device shall not be used to produce any photograph, microphotograph, electronic image, or videotape showing the identity of any person in a motor vehicle."
SECTION 3. Said title is further amended by revising Code Section 40-14-22, relating to timing of traffic-control signals, as follows:
"40-14-22. The timing of any traffic-control signal which is being monitored by a traffic-control signal monitoring device shall conform to regulations promulgated by the Department of Transportation pursuant to Code Section 32-6-50. The duration of the yellow or red light of any traffic-control device at which a traffic-control signal monitoring device is installed shall not be decreased prior to the installation of a device or during the time for which the device is operated. Each county or municipal law enforcement agency using a traffic-control signal monitoring device shall at its own expense test the device for accuracy at regular intervals and record and maintain the results of each test. Such test results shall be public records subject to inspection as provided by Article 4 of Chapter 18 of Title 50. Each such test shall be made in accordance with the manufacturer's recommended procedure. Any such device not meeting the manufacturer's minimum accuracy requirements shall be removed from service and thereafter shall not be used by the county or municipal law enforcement agency until it has been serviced and calibrated at the expense of the law enforcement agency by a qualified technician."
SECTION 4. Said title is further amended by revising Code Section 40-14-23, relating to signs to notify motorists of use of traffic-control signal monitoring devices, as follows:
"40-14-23.

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Each county or municipality using traffic-control signal monitoring devices shall erect signs on every highway which comprises a part of the state highway system at that point on the highway which intersects the jurisdictional limits of the county or municipality. A sign shall be erected also by such entity on each public road on the approach to the next traffic-control signal for such road when a traffic-control signal monitoring device is monitoring such next signal for such road. Such signs shall be at least 30 inches by 30 inches in measurement and shall warn approaching motorists that traffic-control signal monitoring devices are being employed of a design specified by the Department of Transportation and shall be a nationally recognized regulatory sign as designated by the Federal Highway Administration's Manual on Uniform Traffic Control Devices."
SECTION 5. Said title is further amended by revising Code Section 40-14-24, relating to reports regarding use of traffic-control signal monitoring devices, as follows:
"40-14-24. (a) Each county or municipality using any traffic-control signal monitoring device shall submit not later than February 1 of each year a report on such use during the preceding calendar year to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives Department of Transportation. Such report shall include, without limitation:
(1) A description of the locations where traffic-control signal monitoring devices were used; (2) The number of violations recorded at each location and in the aggregate on a monthly basis; (3) The total number of citations issued; (4) The number of civil monetary penalties and total amount of such penalties paid after citation without contest; (5) The number of violations adjudicated and results of such adjudications, including a breakdown of dispositions made; (6) The total amount of civil monetary penalties paid; and (7) The quality of the adjudication process and its results. (b) If any county or municipality fails to provide the report provided for in subsection (a) of this Code section, all revenues generated from the operation of any traffic-control signal monitoring device in that county or municipality shall be forwarded to the general fund of the state. The county or municipality shall not be entitled to retain any revenue until the annual report is filed and accepted by the Department of Transportation. (c) The Department of Transportation shall forward copies of all reports to the offices of the Governor, Lieutenant Governor, and the Speaker of the House by March 1 of each year. The department shall also forward to the offices of the Governor, Lieutenant Governor, and the Speaker of the House a complete list of all traffic-control signal monitoring devices currently in use."

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SECTION 6. Said title is further amended by adding a new Code section to read as follows:
"40-14-25. The amount of civil monetary penalties collected under the provisions of this article, less any costs incurred for acquisition, installation, maintenance, and operation of the traffic-control signal monitoring devices, and less 25 percent of the remaining money to be retained by the county or municipality, shall be deposited in the general fund of this state with the intent that these moneys be used to fund a trauma care system in Georgia. The Office of Treasury and Fiscal Services shall separately account for all of the moneys received under the provisions of this Code section."

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:

Representative Heckstall of the 62nd moves to amend the Committee substitute to HB 77 as follows:

line 6 page 3 and line 25 page 4

From "First class mail" to

"Certified Mail - Return Receipt Requested or statutory overnight delivery.

Line 6 page 3 insert after "violation" the following:

". For purposes of this Code section, notice given by certified mail or statutory overnight delivery to the owner of the motor vehicle with return receipt requested to the owner's last known address shall be prima-facie evidence that such person received the required notice."

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

Y Abdul-Salaam N Abrams Y Amerson N Ashe

N Dempsey N Dickson N Dollar N Drenner

N Holt N Horne N Houston Y Howard

N Martin N Maxwell N May N McCall

Y Scott, M N Sellier Y Setzler Y Shaw

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N Barnard Bearden
Y Beasley-Teague N Benfield N Benton N Black N Bridges Y Brooks Y Bruce E Bryant Y Buckner N Burkhalter Y Burns N Butler N Byrd N Carter, A N Carter, B N Casas N Chambers N Channell N Cheokas N Coan N Cole N Coleman N Collins N Cooper N Cox Y Crawford, M Y Crawford, R Y Davis, H N Davis, S Y Day

Y Dukes N Ehrhart N England Y Epps N Everson N Fleming N Floyd, H N Floyd, J Y Fludd N Forster Y Franklin Y Frazier N Freeman N Gardner N Geisinger N Glanton E Golick Y Gordon N Graves N Greene N Hamilton N Hanner N Harbin N Hatfield N Heard, J Y Heard, K Y Heckstall N Hembree N Henson N Hill, C N Hill, C.A E Holmes

Y Hudson Y Hugley Y Jackson N Jacobs Y James N Jamieson N Jenkins N Jerguson N Johnson, C E Johnson, T N Jones, J Y Jones, S Y Jordan Y Kaiser N Keen N Keown N Knight N Knox
Lakly N Lane, B N Lane, R N Levitas N Lewis N Lindsey
Lord Y Loudermilk Y Lucas
Lunsford N Maddox Y Mangham Y Manning N Marin

Y McKillip N Meadows N Millar N Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mumford Y Murphy N Neal N Nix N Oliver N O'Neal E Parham N Parrish N Parsons N Peake Y Porter N Powell N Pruett Y Ralston Y Randall N Reece Y Reese N Rice N Roberts N Rogers N Royal N Rynders Y Sailor N Scott, A

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

On the adoption of the amendment, the ayes were 56, nays 111.

The amendment was lost.

The following amendment was read:

Representative Cox of the 102nd moves to amend the Committee substitute to HB 77 as follows:

strike: line 20 and 21, page 8

insert in lieu thereof:

"This Act shall become effective December 31, 2007."

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1289

- renumber accordingly.

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

N Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges N Brooks Y Bruce E Bryant N Buckner Y Burkhalter Y Burns Y Butler N Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas
Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H N Davis, S Y Day

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming N Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon N Graves Y Greene Y Hamilton Y Hanner Y Harbin N Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree Y Henson N Hill, C Y Hill, C.A E Holmes

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

Y Martin Y Maxwell Y May N McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby N Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall N Reece Y Reese Y Rice N Roberts Y Rogers Y Royal Y Rynders N Sailor Y Scott, A

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

On the adoption of the amendment, the ayes were 136, nays 34.
The amendment was adopted.
The following amendment was read:
Representative Hatfield of the 177th et al. move to amend the House Committee on Motor Vehicles substitute to HB 77 (LC 34 1170S) by striking lines 1 through 6 of page 1 and inserting in lieu thereof the following:

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To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to repeal provisions relating to traffic-control signal monitoring devices; to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes.
By striking all text from line 9 of page 1 through line 21 of page 8 and inserting in lieu thereof the following:
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by repealing Article 3 of Chapter 14, relating to traffic-control signal monitoring devices.
SECTION 2. Said title is further amended by revising Code Section 40-6-20, relating to enforcement by traffic-control signal monitoring devices, as follows:
"40-6-20. (a) The driver of any vehicle shall obey the instructions of an official traffic-control device applicable thereto, placed in accordance with this chapter, unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter. A violation of this subsection shall be a misdemeanor, except as otherwise provided by subsection (f) of this Code section. (b) No provisions of this chapter which require official traffic-control devices shall be enforced against an alleged violator if at the time and place of the alleged violation an official device was not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular Code section does not state that official traffic-control devices are required, such Code section shall be effective even though no devices are erected or in place. (c) Whenever official traffic-control devices are placed in position approximately conforming to the requirements of this chapter, such devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence. (d) Any official traffic-control device placed pursuant to this chapter and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this chapter, unless the contrary shall be established by competent evidence. (e) The disregard or disobedience of the instructions of any official traffic-control device or signal placed in accordance with the provisions of this chapter by the driver of a vehicle shall be deemed prima-facie evidence of a violation of law, without requiring proof of who and by what authority such sign or device has been erected.
(f)(1) As used in this subsection, the term: (A) 'Owner' means the registrant of a motor vehicle, except that such term shall not include a motor vehicle rental company when a motor vehicle registered by such

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company is being operated by another person under a rental agreement with such company. (B) 'Recorded images' means images recorded by a traffic-control signal monitoring device:
(i) On: (I) Two or more photographs; (II) Two or more microphotographs; (III) Two or more electronic images; or (IV) Videotape; and
(ii) Showing a traffic-control signal displaying a CIRCULAR RED or RED ARROW signal along with the rear of a motor vehicle apparently operated in disregard or disobedience of such signal and, on at least one image or portion of tape, clearly revealing the number or other identifying designation of the license plate displayed on the motor vehicle. (C) 'Traffic-control signal monitoring device' means a device with one or more motor vehicle sensors working in conjunction with a traffic-control signal to produce recorded images of motor vehicles being operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal. (2) Subsection (a) of this Code section may be enforced as provided in this subsection pursuant to the use of traffic-control signal monitoring devices in accordance with Article 3 of Chapter 14 of this title. (3) For the purpose of enforcement pursuant to this subsection: (A) The driver of a motor vehicle shall be liable for a civil monetary penalty of not more than $70.00 if such vehicle is found, as evidenced by recorded images produced by a traffic-control signal monitoring device, to have been operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal in violation of subsection (a) of this Code section and such disregard or disobedience was not otherwise authorized by law; (B) The law enforcement agency for which such device is permitted shall send by first-class mail addressed to the owner of the motor vehicle postmarked not later than ten days after the date of the alleged violation: (i) A citation for the violation, which shall include the date and time of the violation, the location of the intersection, the amount of the civil monetary penalty imposed, and the date by which the civil monetary penalty shall be paid; (ii) A copy of the recorded image; (iii) A copy of a certificate sworn to or affirmed by a trained law enforcement officer or a technician employed by a law enforcement agency for which such device is authorized and stating that, based upon inspection of recorded images, the owner's motor vehicle was operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal in violation of subsection (a) of this Code section and that such disregard or disobedience was not otherwise authorized by law;

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(iv) A statement of the inference provided by subparagraph (D) of this paragraph and of the means specified therein by which such inference may be rebutted; (v) Information advising the owner of the motor vehicle of the manner and time in which liability as alleged in the citation may be contested in court; and (vi) Warning that failure to pay the civil monetary penalty or to contest liability in a timely manner shall waive any right to contest liability and result in a civil monetary penalty; provided, however, that only warning notices and not citations for violations shall be sent during the 30 day period commencing with the installation of a trafficcontrol signal monitoring device at such location; (C) Proof that a motor vehicle was operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal in violation of subsection (a) of this Code section shall be evidenced by recorded images produced by a traffic-control signal monitoring device authorized pursuant to Article 3 of Chapter 14 of this title. A copy of a certificate sworn to or affirmed by a trained law enforcement officer or a technician employed by a law enforcement agency for which such device is authorized and stating that, based upon inspection of recorded images, a motor vehicle was operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal in violation of subsection (a) of this Code section and that such disregard or disobedience was not otherwise authorized by law shall be prima-facie evidence of the facts contained therein; and (D) Liability under this subsection shall be determined based upon preponderance of the evidence. Prima-facie evidence that the vehicle described in the citation issued pursuant to this subsection was operated in violation of subsection (a) of this Code section, together with proof that the defendant was at the time of such violation the registered owner of the vehicle, shall permit the trier of fact in its discretion to infer that such owner of the vehicle was the driver of the vehicle at the time of the alleged violation. Such an inference may be rebutted if the owner of the vehicle: (i) Testifies under oath in open court that he or she was not the operator of the vehicle at the time of the alleged violation; (ii) Presents to the court prior to the return date established on the citation a certified 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; or (iii) Submits to the court prior to the return date established on the citation a sworn notarized statement identifying the name of the operator of the vehicle at the time of the alleged violation. (4) A violation for which a civil penalty is imposed pursuant to this subsection shall not be considered a moving traffic violation, for the purpose of points assessment under Code Section 40-5-57. Such violation shall be deemed noncriminal, and imposition of a civil penalty pursuant to this subsection shall not be deemed a conviction and shall not be made a part of the operating record of the person upon

TUESDAY, MARCH 20, 2007

1293

whom such liability is imposed, nor shall it be used for any insurance purposes in the provision of motor vehicle insurance coverage. (5) If a person summoned by first-class mail fails to appear on the date of return set out in the citation and has not paid the penalty for the violation or filed a police report or affidavit pursuant to division (3)(D)(ii) or (3)(D)(iii) of this subsection, the person summoned shall have waived the right to contest the violation and shall be liable for a civil monetary penalty of not more than $70.00. (6) Any court having jurisdiction over violations of subsection (a) of this Code section or any ordinance adopting the provisions of said subsection pursuant to Code Section 40-6-372 shall have jurisdiction over cases arising under this subsection and shall be authorized to impose the civil monetary penalty provided by this subsection. Except as otherwise provided in this subsection, the provisions of law governing jurisdiction, procedure, defenses, adjudication, appeal, and payment and distribution of penalties otherwise applicable to violations of subsection (a) of this Code section shall apply to enforcement under this subsection; provided, however, that any appeal from superior or state court shall be by application in the same manner as that provided by Code Section 5-6-35. (7) Recorded images made for purposes of this subsection shall not be a public record for purposes of Article 4 of Chapter 18 of Title 50. (8) The provisions of this subsection shall not limit law enforcement agencies to the use of traffic-control signal monitoring devices in enforcing subsection (a) of this Code section; and, when there is evidence obtained from another source or sources which constitutes a prima-facie case of a violation of subsection (a) of this Code section, such violation may be prosecuted as otherwise provided by law in lieu of, but not in addition to, enforcement under this subsection."

By redesignating Section 8 as Section 3.

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

N Abdul-Salaam N Abrams N Amerson N Ashe N Barnard N Bearden N Beasley-Teague N Benfield N Benton N Black N Bridges N Brooks N Bruce E Bryant N Buckner Y Burkhalter

N Dempsey N Dickson
Dollar N Drenner Y Dukes N Ehrhart N England N Epps N Everson N Fleming N Floyd, H N Floyd, J N Fludd N Forster Y Franklin N Frazier

N Holt Y Horne N Houston N Howard N Hudson N Hugley N Jackson N Jacobs Y James N Jamieson N Jenkins Y Jerguson N Johnson, C E Johnson, T N Jones, J N Jones, S

N Martin N Maxwell Y May N McCall N McKillip N Meadows N Millar N Mills N Mitchell
Morgan Y Morris N Mosby Y Mumford N Murphy N Neal N Nix

Y Scott, M N Sellier Y Setzler N Shaw N Sheldon N Shipp N Sims, B N Sims, C N Sims, F Y Sinkfield Y Smith, B N Smith, L N Smith, R N Smith, T N Smith, V E Smyre

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N Burns N Butler Y Byrd N Carter, A N Carter, B Y Casas N Chambers N Channell N Cheokas Y Coan N Cole N Coleman N Collins N Cooper N Cox Y Crawford, M N Crawford, R N Davis, H Y Davis, S N Day

Y Freeman N Gardner N Geisinger N Glanton E Golick N Gordon Y Graves N Greene N Hamilton N Hanner N Harbin Y Hatfield Y Heard, J N Heard, K Y Heckstall Y Hembree N Henson N Hill, C N Hill, C.A E Holmes

N Jordan N Kaiser N Keen N Keown N Knight N Knox Y Lakly N Lane, B N Lane, R N Levitas Y Lewis N Lindsey Y Lord Y Loudermilk Y Lucas N Lunsford N Maddox N Mangham N Manning N Marin

N Oliver N O'Neal E Parham N Parrish N Parsons N Peake N Porter
Powell Y Pruett N Ralston N Randall Y Reece Y Reese N Rice Y Roberts N Rogers Y Royal Y Rynders Y Sailor N Scott, A

Y Stanley-Turner N Starr N Stephens N Stephenson N Talton N Teilhet Y Thomas, A.M N Thomas, B N Tumlin N Walker E Watson N Wilkinson N Willard N Williams, A N Williams, E N Williams, M N Williams, R N Wix N Yates
Richardson, Speaker

On the adoption of the amendment, the ayes were 38, nays 131.

The amendment was lost.

The Committee substitute, as amended, was adopted.

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

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

N Abdul-Salaam N Abrams N Amerson N Ashe Y Barnard Y Bearden Y Beasley-Teague N Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce E Bryant N Buckner Y Burkhalter Y Burns Y Butler

N Dempsey Y Dickson 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 Frazier Y Freeman
Gardner

N Holt Y Horne Y Houston Y Howard Y Hudson N Hugley N Jackson N Jacobs N James Y Jamieson Y Jenkins Y Jerguson N Johnson, C E Johnson, T Y Jones, J Y Jones, S N Jordan N Kaiser

N Martin N Maxwell Y May Y McCall N McKillip Y Meadows N Millar Y Mills Y Mitchell
Morgan Y Morris N Mosby Y Mumford Y Murphy Y Neal N Nix N Oliver Y O'Neal

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon N Shipp N Sims, B Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L N Smith, R Y Smith, T Y Smith, V E Smyre Y Stanley-Turner N Starr

TUESDAY, MARCH 20, 2007

1295

N Byrd Y Carter, A Y Carter, B Y Casas N Chambers Y Channell Y Cheokas Y Coan Y Cole N Coleman Y Collins Y Cooper Y Cox Y Crawford, M N Crawford, R Y Davis, H N Davis, S N Day

Y Geisinger N Glanton E Golick N Gordon N Graves Y Greene Y Hamilton 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 E Holmes

Y Keen N Keown Y Knight Y Knox Y Lakly Y Lane, B N Lane, R Y Levitas Y Lewis N Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox Y Mangham Y Manning N Marin

E Parham Y Parrish N Parsons Y Peake N Porter Y Powell Y Pruett Y Ralston N Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders N Sailor Y Scott, A

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

On the passage of the Bill, by substitute, as amended, the ayes were 110, nays 60.

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

HB 549. By Representative Burkhalter of the 50th:

A BILL to be entitled an Act to amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to establish requirements for basic therapy services for children with disabilities; to provide for legislative findings; to provide for definitions; to provide certain requirements relating to administrative prior approval for services and appeals; to provide for a modification to the state plan for medical assistance regarding the rate of payment to providers of medical assistance services; 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 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to establish requirements for basic therapy services for children with disabilities; to provide for legislative findings; to provide for definitions; to provide certain requirements relating to administrative prior approval for services and appeals; to provide for a modification to the state plan for medical assistance regarding the rate of

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payment to providers of medical assistance services; 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 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, is amended by adding a new article to read as follows:
"ARTICLE 7B
49-4-166. The General Assembly finds that changes in the approval process of certain health care programs have made it difficult for children with disabilities who are eligible for medical assistance pursuant to Article 7 of this chapter and Article 13 of Chapter 5 of this title to receive the services to which they are entitled with the frequency and within the time periods which are appropriate. Redundant paperwork requirements have hampered service approvals and delivery and reduced the number of providers serving children. It is the intent of this article to ensure that children with disabilities receive the medically necessary therapy services to which they are entitled under the Medicaid Early Periodic Screening, Diagnostic, and Treatment Program. It is also the intent of this article to simplify the process and paperwork by which occupational, speech, and physical therapy services are applied for and received by eligible recipients. 49-4-167. As used in this article, the term:
(1) 'Basic therapy services' means occupational therapy, speech therapy, physical therapy, or other services provided in the frequency specified in subsection (c) of Code Section 49-4-169 and pursuant to the EPSDT Program to an eligible Medicaid or PeachCare for Kids beneficiary 21 years of age or younger and which are prescribed and designated as medically necessary by a physician or other health care provider working within the scope of his or her legal authority. (2) 'Department' means the Department of Community Health. (3) 'EPSDT Program' means the federal Medicaid Early Periodic Screening, Diagnostic, and Treatment Program contained at 42 U.S.C.S. Sections 1396a and 1396d. (4) 'Medically necessary services' means services which are deemed necessary by a physician or other health care provider to correct or ameliorate defects and physical and mental illnesses and conditions. (5) 'Prior approval' means the process by which medically necessary services provided at a frequency or interval above the minimum levels specified in Code Section 49-4-169 for basic therapy services are authorized by the Department of Community Health.

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49-4-168. All persons who are 21 years of age or younger who are eligible for services under the EPSDT Program shall receive basic therapy services without prior approval in accordance with the provisions of this article.
49-4-169. (a) The department shall develop a uniform form to be used by speech, occupational, and physical therapists and all payers, utilization review agents, or other entities for the low-income program and the aged, blind, and disabled programs administered by the department or by any of its vendors, including care management organizations, responsible for the EPSDT Program to document the beneficiary's patient care plan, the medical necessity for basic therapy services, and prior approval of medically necessary services in addition to basic therapy services, when required pursuant to this Code section. The form shall:
(1) Document that a patient care plan has been established and that basic therapy services have been ordered and are medically necessary services as solely determined and prescribed by the physician or other health care provider authorized to make such determination; (2) Record the acknowledgement of the patient care plan and the order for services by the occupational, speech, physical, or other therapist who will deliver the services; (3) Provide a place for a request for services and a brief explanation of the need for such services beyond basic therapy services; and (4) Be signed by a physician or other health care provider working within the scope of his or her legal authority. The form shall not require documentation of other types of therapy services being provided to the eligible beneficiary under other programs, including, but not limited to, services provided by a local school system or those provided pursuant to an individualized family service plan, nor shall the provision of therapy services by a local school system or pursuant to an individualized family service plan be used as the basis for denial of basic therapy services or additional therapy services prescribed as provided in this Code section. (b) The following procedures and criteria shall be used by the department or an entity performing services for the department for the processing of requests for prior approval: (1) When required, prior approvals shall be approved or denied and notification of approval or denial shall be made to the provider requesting prior approval within ten working days; (2) Prior approval for services beyond basic therapy services shall be for a minimum of six months; (3) In addition to any other services which are properly authorized, the beneficiary shall be entitled to receive and make up any services missed or delayed pending an appeal of a denial of services during a successive period of up to three months after the date that an appeal is reversed; and

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(4) The department shall respond to appeals of a denial of prior approval for services within 30 business days. (c) Once designated as basic therapy services, such services shall be provided at a frequency of 20 units of service per month until such time as the beneficiary is no longer medically eligible for Medicaid or for such services. In the case of speech therapists, 20 units per month shall mean ten units of untimed codes and 20 units of timed codes. (d) Notwithstanding any other provision of law, the department shall grant prior approval for requests for services when the recipient is eligible for Medicaid services and the services requested are medically necessary services. Prescriptions and prior approval for services shall be for general areas of treatment or for treatment goals and not for specific treatments or processing codes for such treatments. (e) Nothing in this article shall be deemed to prohibit or restrict the department from denying claims or prosecuting or pursuing beneficiaries or providers who submit false or fraudulent prescriptions, forms specified in this article, or claims for services or whose eligibility as a beneficiary or a participating provider has been based on intentionally false information.
49-4-169.1. The provisions of this article shall apply to children eligible for services under the PeachCare for Kids Program created pursuant to Article 13 of Chapter 5 of this title and the Georgia Medical Assistance Act of 1977 created pursuant to Article 7 of this chapter."
SECTION 2. Said chapter is further amended in Code Section 49-4-142, relating to the establishment of the Department of Community Health, by adding a new subsection to read as follows:
"(b.1) The department shall, not later than September 1, 2007, implement a modification of the state plan for medical assistance or any affected rules or regulations of the department, which modification shall provide that the rate of payment to providers shall be sufficient to enlist enough providers so that services are available to Medicaid or PeachCare for Kids beneficiaries under this title at least to the extent that services are available to the general public. The Department of Human Resources shall likewise modify any affected rules and regulations of the Department of Human Resources. The modification to the plan or to any affected rules and regulations shall be effective unless and until federal authorities rule that such modification is out of compliance with federal regulations."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

The report of the Committee, which was favorable to the passage of the Bill, 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce E Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A E Holmes

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

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan
Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver
O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

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HB 227. By Representatives Lewis of the 15th, Martin of the 47th, Stephens of the 164th, Ehrhart of the 36th, Watson of the 91st and others:
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 the expedited franchising of cable and video services by the Secretary of State; to provide for a short title; to provide for definitions; to provide franchise options for cable service providers and video service providers; to provide a process for the issuance of a state franchise; to provide for transfers, modifications, and terminations of a state franchise; to provide for franchise fees; to require customer service; to provide for public, educational, and governmental programming under a state franchise; to provide a service outlet to municipalities and counties and complimentary basic cable service or video service to public schools and public libraries over such service outlet; to provide certain limitations on requirements that may be imposed upon holders of a state franchise; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the expedited franchising of cable and video services by the Secretary of State; to provide for a short title; to provide for definitions; to provide franchise options for cable service providers and video service providers; to provide a process for the issuance of a state franchise; to provide for transfers, modifications, and terminations of a state franchise; to provide for franchise fees; to require customer service; to provide for public, educational, and governmental programming under a state franchise; to provide a service outlet to municipalities and counties and complimentary basic cable service or video service to public schools and public libraries over such service outlet; to provide certain limitations on requirements that may be imposed upon holders of a state franchise; to prohibit discrimination towards potential residential subscribers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding a new chapter to read as follows:
"CHAPTER 76

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36-76-1. This chapter shall be known and may be cited as the 'Consumer Choice for Television Act.'
36-76-2. As used in this chapter, the term:
(1) 'Advertising and home shopping services revenues' means the amount of a cable service provider or video service provider's nonsubscriber revenues from advertising disseminated through cable service or video service and home shopping services. The amount of such revenues that are allocable to a municipality or county shall be equal to the total amount of the cable service provider or video service provider's revenue received from such advertising and home shopping services multiplied by the ratio of the number of such provider's subscribers located in such municipality or in the unincorporated area of such county to the total number of such provider's subscribers. Such ratio shall be based on the number of such provider's subscribers as of January 1 of the current year, except that in the first year in which services are provided, such ratio shall be computed as of the earliest practical date. (2) 'Affected local governing authority' means any municipal governing authority when any part of such municipality is located within the service area and any county governing authority when any part of the unincorporated area of such county is located within the service area. (3) 'Cable service' means the one-way transmission to subscribers of video programming or other programming service and subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. Cable service shall not include any video programming provided by a provider of commercial mobile service as defined in 47 U.S.C. Section 332(d) or video programming provided as part of and via a service that enable users to access content, information, e-mail, or other services offered over the public Internet. (4) 'Cable service provider' means any person or group of persons:
(A) Who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system; or (B) Who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system. (5) 'Cable system' means a facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but such term shall not include: (A) A facility that serves only to retransmit the television signals of one or more television broadcast stations; (B) A facility that serves subscribers without using any public right of way as defined in this Code section; (C) A facility of a common carrier which is subject, in whole or in part, to the provisions of 47 U.S.C. Sections 201 through 276, except that such facility shall be

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considered a cable system, other than for purposes of 47 U.S.C. Section 541(c), to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services as that term is defined in 47 U.S.C. Section 522(12); (D) An open video system that complies with 47 U.S.C. Section 573; or (E) Any facility of any electric utility used solely for operating such electric utility system. (6) 'Franchise' means an initial authorization or renewal of an authorization issued by a franchise authority, regardless of whether the authorization is designated as a franchise, permit, license, resolution, contract, ordinance, certificate, agreement, or otherwise, that authorizes the construction or operation of a cable service provider or video service provider's network in the public rights of way. (7) 'Franchise authority' means any governmental entity empowered by federal, state, or local law to grant a franchise. With regard to the holder of a state franchise within the service areas covered by such state franchise, the Secretary of State shall be the sole franchising authority. With respect to a franchise agreement with a municipal or county governing authority, that municipality or county shall be the sole franchising authority within the service areas covered by that local franchise. (8) 'Gross revenues' means all revenues received from subscribers for the provision of cable service or video service, including franchise fees for cable service providers and video service providers, and advertising and home shopping services revenues and shall be determined in accordance with generally accepted accounting principles. Gross revenues shall not include: (A) Amounts billed and collected as a line item on the subscriber's bill to recover any taxes, surcharges, or governmental fees that are imposed on or with respect to the services provided or measured by the charges, receipts, or payments therefor; provided, however, that for purposes of this Code section, such tax, surcharge, or governmental fee shall not include any ad valorem taxes, net income taxes, or generally applicable business or occupation taxes not measured exclusively as a percentage of the charges, receipts, or payments for services; (B) Any revenue, such as bad debt, not actually received, even if billed; (C) Any revenue received by any affiliate or any other person in exchange for supplying goods or services used by the provider to provide cable service or video programming; (D) Any amounts attributable to refunds, rebates, or discounts; (E) Any revenue from services provided over the network that are associated with or classified as noncable or nonvideo services under federal law, including, without limitation, revenues received from telecommunications services, information services other than cable service or video service, Internet access services, or directory or Internet advertising revenue, including, without limitation, yellow pages, white pages, banner advertisements, and electronic publishing advertising. Where the sale of any such noncable or nonvideo service is bundled with the sale of one or more cable services or video services and sold for a single nonitemized price,

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the term 'gross revenues' shall include only those revenues that are attributable to cable service or video service based on the provider's books and records; such revenues shall be allocated in a manner consistent with generally accepted accounting principles; (F) Any revenue from late fees not initially booked as revenues, returned check fees, or interest; (G) Any revenue from sales or rental of property, except such property as the subscriber shall be required to buy or rent exclusively from the cable service provider or video service provider to receive cable service or video service; (H) Any revenue received from providing or maintaining inside wiring; (I) Any revenue from sales for resale with respect to which the purchaser shall be required to pay a franchise fee, provided the purchaser certifies in writing that it shall resell the service and pay a franchise fee with respect thereto; or (J) Any amounts attributable to a reimbursement of costs including, but not limited to, the reimbursements by programmers of marketing costs incurred for the promotion or introduction of video programming. (9) 'Incumbent service provider' means any cable service provider or video service provider providing cable service or video service, respectively, in a municipality or in an unincorporated area of a county on January 1, 2008. (10) 'Original programming' means programming produced specifically for or about a municipality or county or citizens thereof and shall include public government meetings. Original programming shall not include character generated messages, video bulletin board messages, traffic cameras, or other passively produced content. (11) 'PEG' means public, educational, or governmental. (12) 'Public right of way' means the area in, on, along, over, or under the public roads that are part of the municipal or county road system or the state highway system. (13) 'Service area' means the geographic territory within a municipality or unincorporated area of a county where a cable service provider or video service provider provides or has proposed to offer cable service or video service pursuant to a franchise. (14) 'Subscriber' means any person or entity lawfully receiving video service from a video service provider or cable service from a cable service provider. (15) 'Video programming' means programming provided by, or generally considered comparable to programming provided by, a television broadcast station, as set forth in 47 U.S.C. Section 522(20). (16) `Video service' means the provision of video programming through wireline facilities located at least in part in the public rights of way without regard to delivery technology, including Internet protocol technology. This term shall not include any video programming provided by a provider of commercial mobile service as defined in 47 U.S.C. Section 332(d) or video programming provided as part of and via a service that enables users to access content, information, e-mail, or other services offered over the public Internet.

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(17) 'Video service provider' means an entity providing video service as defined in this Code section. This term shall not include a cable service provider.
36-76-3. (a)(1) Any entity or person seeking to provide cable service or video service in this state after January 1, 2008, at the discretion of the cable service provider or video service provider, may elect from among the franchise options as set forth in this Code section. A cable service provider or video service provider shall not provide cable service or video service without a franchise obtained pursuant to this chapter. (2) A cable service provider or video service provider may elect to negotiate a local cable service or video service franchise agreement with a municipal or county franchise authority duly authorized under the laws of Georgia and may enter into a negotiated cable television franchise agreement in accordance with Title VI of the Communications Act of 1934, as amended, 47 U.S.C. Section 521 et seq., or a video service franchise agreement in accordance with applicable state and federal law that establishes the terms and conditions for the franchise agreement within the jurisdictional limits of that municipality or county. A local cable service or video service franchise agreement entered into after January 1, 2008, shall remain in force and effect through its expiration date notwithstanding subsection (g) of Code Section 36-76-4. (3) A cable service provider or video service provider may elect to adopt the terms of a negotiated franchise agreement entered into between a cable service provider or video service provider and a municipal or county franchise authority in the service area in which the cable service provider or video service provider desires to provide service. The municipal or county franchise authority shall be required to enter into any such negotiated franchise agreement upon the same terms and conditions to any requesting cable service provider or video service provider. A local cable service or video service franchise agreement that is adopted by a cable service provider or video service provider after January 1, 2008, shall remain in force and effect through its expiration date notwithstanding subsection (g) of Code Section 36-76-4. (4) A cable service provider or video service provider may elect after January 1, 2008, to file an application for a state franchise in one or more specified service areas with the Secretary of State in accordance with the procedures set forth in this chapter.
(b) The alternatives in subsection (a) of this Code section shall not be mutually exclusive. A cable service provider or video service provider may elect after January 1, 2008, to negotiate with a municipal or county franchise authority to enter into a franchise agreement within a specified service area and may also obtain a state franchise for a different service area. A cable service provider or video service provider shall not operate under a franchise agreement with a municipal or county governing authority and a state franchise from the Secretary of State for the same service area.
36-76-4.

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(a) To receive a state franchise, a cable service provider or video service provider shall file an application for a state franchise with the Secretary of State, with a copy of such application provided simultaneously to each affected municipal or county governing authority at least 45 days prior to offering cable service or video service to subscribers within a specified service area. (b) The Secretary of State may impose a fee not to exceed $500.00 for a state franchise application and a fee not to exceed $250.00 for an amendment to a state franchise. (c) The application for a state franchise shall consist of an affidavit signed by an officer or general partner of the applicant that contains each of the following:
(1) An affirmative declaration that the applicant shall comply with all applicable federal and state laws and regulations, including municipal and county ordinances and regulations regarding the placement and maintenance of facilities in the public right of way that are generally applicable to all users of the public right of way and specifically including Chapter 9 of Title 25, the 'Georgia Utility Facility Protection Act'; (2) A description of the applicant's service area, which description shall be sufficiently detailed so as to allow a local government to respond to subscriber inquiries, including the name of each municipal or county governing authority within the service area. For the purposes of this paragraph, an applicant may, in lieu of or as supplement to a written description, provide a map on 8 1/2 by 11 inch paper that is clear and legible and that fairly depicts the service area by making reference to the municipal or county governing authority to be served. If the geographical area is less than an entire municipality or county, the map shall describe the boundaries of the geographic area to be served in clear and concise terms; (3) The location of the applicant's principal place of business, the name or names of the principal executive officer or officers of the applicant, information concerning payment locations or addresses, and general information concerning equipment returns; and (4) Certification that the applicant is authorized to conduct business in the State of Georgia and that the applicant possesses satisfactory financial and technical capability to provide cable service or video service and a description of such capabilities. Such certification shall not be required from an incumbent service provider or any cable service provider or video service provider that has wireline facilities located in the public right of way as of January 1, 2008; and (5) Notice to the affected local governing authority of its right to designate a franchise fee pursuant to Code Section 36-76-6. (d) If an application is incomplete, the Secretary of State shall notify the applicant within ten days of the receipt of such application and shall provide the applicant with a reasonable period of time in which to provide a complete application. If no such notification is made within ten days of the receipt of the application, the application shall be deemed complete. Within 45 days of the receipt of a completed application, the Secretary of State shall, except as set forth in subsection (f) of this Code section, issue a state franchise that contains the following:

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(1) A nonexclusive grant of authority to provide cable service or video service as requested in the application; (2) A nonexclusive grant of authority to construct, maintain, and operate facilities along, across, or on the public right of way in the delivery of cable service or video service, subject to applicable federal and state laws and regulations, including municipal and county ordinances and regulations, regarding the placement and maintenance of facilities in the public right of way that are generally applicable to all users of the public right of way and specifically including Chapter 9 of Title 25, the 'Georgia Utility Facility Protection Act'; and (3) The expiration date of the state franchise, which shall be ten years from the date of issuance, subject to renewal. (e) The failure of the Secretary of State to issue a state franchise within 45 days of the receipt of a completed application from an incumbent service provider or a cable service provider or video service provider that has wireline facilities located in any public right of way as of January 1, 2008, shall constitute issuance of the requested state franchise to the applicant without further action required by the applicant. The failure of the Secretary of State to issue a state franchise within 45 days of the receipt of a completed application from a cable service provider or video service provider that does not have an existing franchise with a municipal or county governing authority or that does not have wireline facilities located in any public right of way as of January 1, 2008, shall constitute temporary issuance of the requested state franchise to the applicant subject to the provisions of subsection (f) of this Code section. (f) A municipal or county governing authority that reasonably believes an applicant that has not yet accessed rights of way in that municipality or unincorporated area of a county and does not possess satisfactory financial and technical capability to provide cable service or video service or is not duly authorized to conduct business in Georgia shall object to the issuance of a state franchise before it is officially issued by the Secretary of State. If a municipal or county governing authority objects to the issuance of a state franchise on these grounds, the Secretary of State shall consider whether the objection is well founded and shall make a determination as to whether to grant the state franchise notwithstanding the objection or to deny or suspend the application pending the receipt of information sufficient to demonstrate the applicant has satisfactory financial and technical capability. If the Secretary of State has not acted on the objection of a municipal or county governing authority's objection and a state franchise is issued as set forth in subsection (e) of this Code section, then such temporary issuance of the state franchise shall be subject to the Secretary of State's determination on the objection. (g)(1) At any time after January 1, 2008, an incumbent service provider may file an application for a state franchise pursuant to this Code section with the Secretary of State with a copy provided to each affected municipal or county governing authority except as set forth in paragraphs (2) and (3) of subsection (a) of Code Section 36-763. Upon the Secretary of State issuing such state franchise, any existing franchise for the service area covered by the state franchise shall, subject to the continuation of

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PEG support obligations in paragraph (4) of this subsection, terminate and be of no further force or effect. (2) An incumbent service provider that elects to terminate an existing franchise for the service area covered by the state franchise under this subsection shall remain subject to the contractual rights, duties, and obligations incurred by the incumbent service provider under the terms and conditions of the terminated local franchise that are owed to any private person, including a subscriber. (3) As used in this subsection, the term 'private person' shall not include:
(A) The municipal or county governing authority that issued the terminated local franchise; (B) A political subdivision, government agency, or authority of the state not described in subparagraph (A) of this paragraph; or (C) Any official, agent, or employee acting in an official capacity of the municipal or county governing authority that issued the terminated local franchise. (4) An incumbent service provider that elects to terminate a franchise under this subsection shall continue to provide PEG access support under the same terms as the terminated local franchise had it not been terminated until the local franchise would have expired under its own terms. (5) Notwithstanding a termination of a local franchise pursuant to this subsection, a municipality or county shall be entitled to operate its existing PEG channel or channels relating to the number of channels and the usage criteria for such channels under the same terms as the terminated local franchise had it not been terminated, pursuant to this subsection, until July 1, 2012. (6) The 12 month development period for PEG channels set forth in subsection (a) of Code Section 36-76-8 shall not apply to any incumbent service provider that adopts a state franchise or any holder of a state franchise that renews such state franchise on or after July 1, 2012. (7) An incumbent service provider that elects to terminate a franchise under this subsection, shall, until July 1, 2012, continue to provide access on the nonbasic or digital tier to any municipality or county that has an activated public safety training channel as of January 1, 2008. This channel shall be used exclusively for the purpose of training public safety personnel. After July 1, 2012, the state franchise holder shall be entitled to use other reasonable, readily accessible means to accomplish the purpose of the channel. (8) Each holder of a state franchise shall have the obligation to provide access to the same number of PEG channels pursuant to Code Section 36-76-8 and the additional PEG support cash payments specified in this paragraph for PEG access facilities in a service area as the incumbent service provider with the most subscribers in such service area as of January 1, 2007, which obligation shall continue until the local franchise would have expired under its own terms as specified in paragraph (4) of this subsection; provided, however, that if a local franchise would have expired before July 1, 2012, the holder of a state franchise shall continue to provide access to the same number of PEG channels until July 1, 2012, as provided in paragraph (5) of this

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subsection. To the extent such incumbent service provider provides PEG access support during said period in the form of periodic payments to the municipal or county governing authority equal to a percentage of gross revenue or a prescribed per subscriber amount, the state franchise holder shall be obligated to make the same periodic payments to the governing authority at the same time and equal to the same percentage of gross revenue or prescribed per subscriber amount. To the extent such incumbent service provider provides PEG access support to the applicable governing authority during said period in the form of a lump sum payment that remains unsatisfied as of January 1, 2008, the holder of a state franchise shall be obligated to provide a lump sum payment to said authority based on its proportion of the total number of cable service and video service subscribers of all service providers in such service area. No payments shall be due under this paragraph until the municipality or county notifies the respective providers, in writing, of the percentage of gross revenues, the per subscriber amount, or the lump sum payment amount and the expiration date of the local franchise obtaining such obligations. The holder of a state franchise may designate that portion of the subscriber's bill attributable to any fee imposed pursuant to this paragraph as a separate item on the bill and recover such amount from the subscriber.
36-76-5. (a) A state franchise shall be fully transferable to any successor in interest to the applicant. A notice of transfer shall be filed by the transferee with the Secretary of State with a copy provided to each affected municipal or county governing authority within 45 days of such transfer. The transfer notification shall consist of an affidavit signed by an officer or general partner of the transferee that contains each of the following:
(1) An affirmative declaration that the applicant shall comply with all applicable federal and state laws and regulations, including municipal and county ordinances and regulations, regarding the placement and maintenance of facilities in any public right of way that are generally applicable to all users of the public right of way and specifically including Chapter 9 of Title 25, the 'Georgia Utility Facility Protection Act'; (2) A description of the transferee's service area, including the name of each municipal or county governing authority within the service area; (3) The location of the transferee's principal place of business and the name or names of the principal executive officer or officers of the transferee; and (4) A description of material changes, if any, of the information set forth in the applicant's initial application for a state franchise. (b) Any outstanding liabilities that have become due and are still owed to a municipal or county governing authority under a state franchise issued pursuant to this chapter shall be fully transferable under this Code section to any successor in interest to the applicant.

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(c) The failure of the Secretary of State to issue an amended state franchise within 45 days of the receipt of a completed transfer notice shall constitute issuance of the requested amended state franchise to the transferee without further action required. (d) A cable service provider or video service provider may modify its service area covered by the state franchise by notifying the Secretary of State of changes to the service area, with a copy provided to each affected municipal or county governing authority, at least 20 days prior to the effective date of such change. Such notification shall contain a geographic description of the new service area or areas and a list of each municipal or county governing authority within the service area. (e) A state franchise issued pursuant to this chapter may be terminated by the cable service provider or video service provider by submitting a notice of termination to the Secretary of State with a copy provided to each affected municipal or county governing authority. Such notice shall identify the cable service provider or video service provider, the affected service area, and the effective date of such termination, which shall not be more than 60 days from the date of filing the notice of termination.
36-76-6. (a) The holder of a state franchise, whether a cable service provider or a video service provider, shall pay to each affected local governing authority which complies with this Code section a franchise fee which shall not exceed the maximum percentage rate permitted in 47 U.S.C. Section 542(b) of such holder's gross revenues received from the provision of cable service or video service to subscribers located within such holder's service area.
(1) Each affected local governing authority or its authorized designee shall provide written notice to the Secretary of State and each applicant for or holder of a state franchise with a service area located within that affected local governing authority's jurisdiction of the franchise fee rate that applies to the applicant for or holder of such state franchise. The applicant for or holder of a state franchise shall start assessing the franchise fee within 15 days of receipt of written notice from the affected local governing authority or its authorized designee and shall not be required to pay such franchise fee until the expiration of 15 days after receipt of such written notice. Any incumbent service provider who obtains a state franchise under paragraph (1) of subsection (g) of Code Section 36-76-4 shall pay its existing franchise fee during the 15 day period after receipt of written notice of the new fee. The franchise fee rate shall be uniformly applicable to all cable service providers and video service providers that obtain a state franchise within the affected local governing authority. For purposes of this Code section, an authorized designee is an agent authorized by charter or other act of the affected local governing authority. (2) Any affected local governing authority may change the franchise fee applicable to holders of a state franchise once every two years. The affected local governing authority or its authorized designee shall provide written notice to the Secretary of State and the applicants for or holders of a state franchise with a service area within that affected local governing authority's jurisdiction of the new franchise fee rate. The

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holder of a state franchise shall start assessing the new franchise fee within 45 days of receipt of written notice of the change from the affected local governing authority or its authorized designee. The franchise fee rate shall be uniformly applicable to all cable service providers and video service providers that obtain a state franchise within the affected local governing authority's jurisdiction. (b) Such franchise fee shall be paid directly to each affected local governing authority within 30 days after the last day of each calendar quarter. Such payment shall be considered complete if accompanied by a statement showing, for the quarter covered by the payment: (1) The aggregate amount of the state franchise holder's gross revenues, specifically identifying subscriber and advertising and home shopping services revenues under this chapter insofar as the franchise holder's existing billing systems include such capability, attributable to such municipality or unincorporated areas of the county; and (2) The amount of the franchise fee payment due to such municipality or county. In the event that franchise fees are not paid on or before the dates specified above, then the affected local governing authority shall provide written notice to the franchise holder giving the cable service provider or video service provider 15 days from the date of the franchise holder's receipt of such notice to cure any such nonpayment. In the event franchise fees are not remitted to the affected local government authority postmarked on or before the expiration of the 15 day cure period, then the holder of the state franchise shall pay interest thereon at a rate of 1 percent per month to the affected local governing authority. If the 15 day cure period expires on Saturday, Sunday, or a legal holiday, the due date shall be the next business day. Moreover, the franchise holder shall not be assessed interest on late payments if franchise payments were submitted in error to a neighboring local governing authority. (c) Each affected local governing authority may, no more than once annually, audit the business records of the state franchise holder to the extent necessary to ensure payment in accordance with this Code section. For purposes of this subsection, an audit shall be defined as a comprehensive review of the records of the holder of a state franchise. Once any audited period of a state franchise holder has been the subject of a requested audit, such audited period of such state franchise holder shall not again be the subject of any audit. In the event of a dispute concerning the amount of the franchise fee due to an affected local governing authority under this Code section, an action may be brought in a court of competent jurisdiction by an affected local governing authority seeking to recover an additional amount alleged to be due or by a state franchise holder seeking a refund of an alleged overpayment; provided, however, that any such action shall be brought within three years following the end of the quarter to which the disputed amount relates. Such time period may be extended by written agreement between the state issued franchise holder and such affected local governing authority. Each party shall bear the party's own costs incurred in connection with any such examination or dispute. In the event that an affected local governing authority files an action to recover alleged underpayments of franchise fees and a court of competent jurisdiction determines the cable service provider or video service provider has underpaid franchise

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fees due for any 12 month period by 10 percent or more, the cable service provider or video service provider may be required to pay the affected local governing authority its reasonable costs associated with the audit along with any franchise fee underpayments; provided, however, late payments shall not apply. (d) The statements made pursuant to subsection (b) of this Code section and any records or information furnished or disclosed by a cable service provider or video service provider to an affected local governing authority pursuant to subsection (c) of this Code section shall be exempt from public inspection under Code Section 50-18-70. (e) No acceptance of any payment shall be construed as a release or as an accord and satisfaction of any claim an affected local governing authority may have for further or additional sums payable as a franchise fee. (f) Any amounts overpaid by the holder of a state franchise shall be deducted from future franchise payments. (g) The holder of a state franchise may designate that portion of a subscriber's bill attributable to any franchise fee imposed pursuant to this Code section as a separate item on the bill and recover such amount from the subscriber; provided, however, that such separate listing shall be referred to as a 'franchise' or a 'franchise fee.' (h) No affected local governing authority shall levy any additional tax, license, fee, surcharge, or other assessment on a cable service provider or video service provider for or with respect to the use of any public right of way other than the franchise fee authorized by this Code section. Nor shall an affected local governing authority levy any other tax, license, fee, or assessment on a cable service provider or video service provider or its subscribers that is not generally imposed and applicable to a majority of all other businesses. The franchise fee authorized by this Code section shall be in lieu of any permit fee, encroachment fee, degradation fee, or other fee that could otherwise be assessed on a state issued franchise holder for the holder's occupation or work within the public right of way; provided, however, that nothing in this Code section shall restrict the right of any municipal or county governing authority to impose ad valorem taxes, sales taxes, or other taxes lawfully imposed on a majority of all other businesses within such municipality or county.
36-76-7. (a) The holder of a state franchise shall comply with the customer service standards as set forth in 47 C.F.R. 76.309(c). No franchising authority shall have the power to require the holder of a state franchise to comply with any customer service standards other than those set forth in this Code section.
(b) Except as provided in paragraph (2) of subsection (c) of this Code section, each affected local governing authority shall receive and handle complaints from subscribers of the holder of a state franchise that reside in the affected local governing authority's jurisdiction. (c)(1) By December 31, 2007, the Secretary of State's office shall conduct a rulemaking to establish a uniform set of rules pursuant to which an affected local governing authority shall resolve subscriber complaints and to establish any uniform

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procedures necessary to implement subsection (c) of Code Section 37-76-11. Said rules shall include a requirement that the cable service provider or video service provider participate in mandatory nonbinding mediation with the affected local governing authority and the subscriber if the issue cannot be resolved between the cable service provider or video service provider and the subscriber. Said rules shall apply only until 25 percent of the potential subscribers within an affected local governing authority are offered service by two or more cable service providers or video service providers holding a state franchise or a local franchise. (2) After such time as 25 percent of the potential subscribers within an affected local governing authority are being offered service by two or more cable service providers or video service providers holding a state franchise or a local franchise, an affected local governing authority may, in its discretion, by the adoption of a resolution or ordinance, discontinue receiving and handling all subscriber inquires, billing issues, and other complaints for state franchise holders. Notwithstanding any other provision of law, where an affected local governing authority discontinues receiving and handling subscriber inquires, billing issues, and other complaints relating to state franchise holders by adoption of a resolution or ordinance pursuant to this paragraph, bills to subscribers by cable service providers or video service providers holding a state franchise shall not include the contact information of such affected local governing authority for the purpose of directing or initiating complaints or making other such subscriber inquires.
36-76-8. (a) No later than 12 months after receipt of a written request by a municipal or county governing authority, the holder of a state franchise shall designate capacity in its network to allow for the airing of noncommercial PEG programming required by this Code section.
(b)(1) Subject to the usage criteria set forth in this subsection, a municipal or county governing authority that does not have PEG access channels activated under the incumbent service provider's franchise agreement as of January 1, 2008, may request a sufficient amount of capacity on its network to support up to three PEG channels for a municipality or unincorporated area of a county with a population of 50,000 or more or up to two PEG channels for a municipality or unincorporated area of a county with a population of less than 50,000, and the cable service provider or video service provider shall designate such sufficient amount of capacity. No cable service provider or video service provider shall be required to provide more than three PEG access channels on its network within a municipality or unincorporated area of a county if there does not exist at the time of the state franchise more than three active PEG channels in such municipality or unincorporated area of the county. (2) To qualify for the first PEG channel on the basic or analog tier of service, the written request of the municipality or county shall include a certification that it has produced at least 15 hours of nonduplicative original programming for production in the first month of operation and that the municipality or county shall continue to

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produce at least 15 hours of nonduplicative original programming for each month that the channel is provided. (3) Alternatively, to qualify for the first PEG channel on the basic or analog tier of service, two or more municipalities or counties may collectively include a certification that they have produced at least 15 hours of nonduplicative original programming for production in the first month of operation and that the municipalities or counties shall continue to produce at least 15 hours of nonduplicative original programming for each month that the channel is provided. (4) To qualify for a second PEG channel on the basic or analog tier of service, the municipality or county shall certify that the first channel is being substantially utilized, and that upon activation, the second PEG channel shall also be substantially utilized. For purposes of this subsection, PEG channels shall be considered 'substantially utilized' when 12 continuous hours of content are programmed on that channel each calendar day. In addition, at least 75 percent of the 12 hours of programming for each business day over each calendar quarter, on average, shall be nonduplicative programming. Nonduplicative programming shall include the first three broadcasts in a day of a meeting of an elected government body. (5) To qualify for a third PEG channel, a municipality or county with a population of 50,000 or greater shall certify that the channel shall be programmed for at least eight continuous hours of nonduplicative content per day. The third PEG channel shall only be available on the nonbasic digital tier. (6) Any municipality or county that has not obtained a second PEG channel on the basic or analog tier may qualify for a second PEG channel on the nonbasic digital tier by certifying that the channel shall be programmed for at least eight continuous hours of nonduplicative content per day. (7) Any PEG channel capability provided pursuant to this Code section that does not comply with the usage criteria set forth in this subsection or is not substantially utilized by the municipality or county shall no longer be made available after reasonable notice is provided to the municipality or county but may be programmed at the franchise holder's discretion. At such time as the municipality or county certifies to the franchise holder that it shall meet the usage criteria for that particular channel, the cable service provider or video service provider shall restore the previously lost channel. However, the franchise holder shall be under no obligation to carry that channel on a basic or analog tier. (c) Upon request by a municipality or county that does not have an activated PEG channel, the state franchise holder shall provide access to one nonexclusive PEG channel for the purpose of providing public, educational, and government programming. This nonexclusive channel shall be available as an additional option to municipalities and counties and shall not eliminate the requirements of subsection (b) of this Code section. (d) In the event that the provision of video service and cable service is federally mandated to be digitally provided, the franchise holder shall be entitled to satisfy the

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PEG obligations by locating the channels on any channel provided in the basic subscription service offered by the provider. (e) Municipalities, counties, and cable service providers and video service providers shall cooperate in the sharing of channel capacity to provide PEG access for municipalities and counties served by the cable service provider or video service provider. (f) The holder of a state franchise shall designate capacity on its system sufficient to allow the provision of the same number of PEG access channels that a municipal or county governing authority has activated under the incumbent service provider's franchise agreement as of January 1, 2008. (g) The operation of any PEG access channel provided pursuant to this Code section and the production of programming thereon, including all capital costs and costs of production, shall be the responsibility of the municipality or the county receiving the benefit of such channel, and the holder of a state franchise shall only have the responsibility to transmit such channel to subscribers. If the holder elects not to seek interconnection with the incumbent under subsection (i) of this Code section or if the incumbent service provider and the holder of a state franchise cannot reach mutual agreement on interconnection terms, the holder of a state franchise shall be responsible for providing one location of connectivity to each PEG access channel up to the first 200 feet from the holder's activated wireline video programming distribution facility located in the holder's designated service area. (h) The municipality or the county shall ensure that all transmissions of content and programming provided by or arranged by them to be transmitted over a PEG channel by a holder of a state franchise are provided and submitted to the cable service provider or video service provider in a manner or form that is capable of being accepted and transmitted by such cable service provider or video service provider over its system without further alteration or change in the content or transmission signal and which is compatible with the technology or protocol utilized by the cable service provider or video service provider to deliver its cable services or video services. The provision of PEG content to the cable service provider or video service provider shall constitute authorization for such cable service provider or video service provider to carry such content on the PEG channel of the municipality or county including, at the cable service provider or video service provider's option, providing such content beyond the jurisdictional boundaries of the municipality or county to the extent permitted by federal law. (i) Where technically feasible, the holder of a state franchise and an incumbent service provider shall use reasonable efforts to interconnect their systems on mutually acceptable and reasonable terms for the purpose of providing PEG programming. Interconnection may be accomplished by direct cable microwave link, satellite, or other reasonable method of connection. Holders of a state franchise and incumbent service providers shall not unreasonably withhold interconnection of PEG channels. (j) A holder of a state franchise shall not be required to interconnect for or otherwise transmit commercial PEG programming content or PEG content that is branded with

TUESDAY, MARCH 20, 2007

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the logo, name, or other identifying marks of another cable service provider or video service provider, and a municipality or county may require a cable service provider or video service provider to remove its logo, name, or other identifying marks from PEG content that is to be made available to another provider.
36-76-9. A cable service provider or video service provider shall, upon written request by a municipality or county, install, at no charge, one service outlet to a demarcation point located on the outside of any designated municipal or county building or multibuilding complex, provided such building demarcation point is within 125 feet from the cable service provider or video service provider's activated distribution point of connection. A cable service provider or video service provider shall not be required to extend its facilities beyond the appropriate demarcation point located outside the building or to perform any inside wiring. The cable service provider or video service provider shall provide complimentary basic cable service or video service to public schools and public libraries over that one service outlet free of charge, which service shall not be used for commercial purposes. The cable service provider or video service provider shall provide complimentary basic cable service or video service to public buildings other than public schools and public libraries only to the extent such a complimentary service arrangement existed under the terms of a local franchise agreement in effect as of January 1, 2007, and shall continue only until the local franchise agreement would have expired under its own terms; provided, however, that such provider shall not be precluded from providing such additional complimentary service at its option. The municipality or county may not receive service at the same building from more than one cable service provider or video service provider at a time under this Code section.
36-76-10. No franchising authority, state agency, or political subdivision of the state shall impose any build-out requirement on system construction or service deployment on a holder of a state franchise. This chapter shall occupy the entire field of franchising or otherwise regulating cable service and video service. An affected local governing authority's power to regulate the holder of a state franchise shall be limited to:
(1) A requirement that the holder of a state franchise who is providing cable service or video service within the municipality or unincorporated area of the county shall notify each affected local governing authority at least ten days before providing service in such municipality or county. A municipal or county governing authority may require the holder of a state franchise to update the description of the service area provided in the application for a state franchise annually and may also require the holder of a state franchise to maintain a point of contact that shall be available during normal business hours; (2) The establishment of reasonable guidelines regarding the use of PEG access channels;

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(3) The lawful and reasonable exercise of the police powers of the municipal or county governing authority to the extent reasonably necessary to protect the health, safety, and welfare of the public; (4) The enactment and enforcement of lawful and reasonable laws and rules and municipal or county ordinances and regulations concerning excavation, permitting, bonding requirements, indemnification requirements, and placement and maintenance of facilities in any public right of way that are generally applicable to all users of any public right of way, except to the extent specifically precluded by subsection (h) of Code Section 36-76-6; and (5) The lawful and reasonable exercise of the rights established in this chapter.
36-76-11. (a) A holder of a state franchise shall not deny access to service to any group of potential residential subscribers because of the income of the residents in the local area in which such group resides. (b) For purposes of determining whether a cable service provider or video service provider has violated subsection (a) of this Code section, cost, density, distance, and technological or commercial limitations shall be taken into account. An alleged violation of subsection (a) of this Code section shall only be considered within the description of the service area set forth in an application or amended application for a state franchise. The inability to serve an end user because a holder is prohibited from placing its own facilities in a building or property shall not be found to be a violation of subsection (a) of this Code section. Use of an alternative technology or service arrangement that provides comparable content, service, and functionality shall not be considered a violation of subsection (a) of this Code section. This Code section shall not be construed as authorizing any build-out requirements on a cable service provider or video service provider. (c) Any potential residential subscriber or group of residential subscribers who believes it is being denied access to services in violation of subsection (a) of this Code section may file a complaint with the affected local governing authority, along with a clear statement of the facts and the information upon which it is relying to support the complaint. Upon receipt of any such complaint, the affected local governing authority shall serve a copy of the complaint and supporting materials upon the subject cable service provider or video service provider, which shall have 60 days after receipt of such information to submit a written answer and any other relevant information the provider wishes to submit to the affected local governing authority in response to the complaint. If the affected local governing authority is not satisfied with the response, the affected local governing authority shall compel the cable service provider or video service provider to participate in nonbinding mediation. If the mediation does not resolve the matter to the satisfaction of the affected local governing authority, the affected local governing authority may file a complaint with a court of competent jurisdiction. No affected local governing authority shall file an action in court without having participated in a mediation of the complaint. If such court finds that the holder

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of a state franchise is in material noncompliance with this Code section, the holder shall have a reasonable period of time, as specified by the court, to cure such noncompliance. The court may also award the affected local governing authority its reasonable costs and attorneys fees in seeking enforcement of subsection (a) of this Code section."

SECTION 2. This Act shall become effective on July 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges N Brooks Y Bruce E Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox N Mangham

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver
O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

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

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Y Davis, S Y Day

Y Hill, C.A E Holmes

Y Manning Y Marin

Y Sailor Y Scott, A

Yates Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 166, nays 2.

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

Representative Sheldon of the 105th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 505. By Representative Butler of the 18th:

A BILL to be entitled an Act to amend Article 7 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to licensure of adult day centers, so as to authorize the Department of Human Resources to charge fees relating to the licensure of adult day centers; to provide for related matters; to provide for 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.

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

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce E Bryant Y Buckner Y Burkhalter Y Burns Y Butler
Byrd Y Carter, A Y Carter, B Y Casas

Y Dempsey Y Dickson
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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox

Y Martin Y Maxwell
May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake

Y Scott, M Y Sellier Y Setzler N Shaw
Sheldon Shipp Y Sims, B Y Sims, C Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet

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Y Chambers Y Channell Y Cheokas Y Coan Y Cole
Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

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

Y Lakly Y Lane, B Y Lane, R Y Levitas 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 Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the passage of the Bill, the ayes were 160, nays 3.

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

Representatives Sheldon of the 105th and Sims of the 151st stated that 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 536. By Representatives Floyd of the 147th, Williams of the 178th, McCall of the 30th, Hatfield of the 177th, Graves of the 12th 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 provide that fines for excess weight should be based on the weight including the allowed variance; 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 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, so as to provide that fines for excess weight should be based on the weight including the allowed variance; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, is amended in Code Section 32-6-26, relating to weight of vehicle and load, by revising subsection (g) as follows:
"(g)(1) The weight limitations provided for in this Code section, except the limitation in subsections (f) and (h) of this Code section, may be exceeded on any public road within this state which is not an interstate highway, or when making a pickup or delivery on any public road of a county road system, without a permit only when the load on any single axle does not exceed 23,000 pounds, the load on any tandem axle does not exceed 46,000 pounds, and the maximum total gross weight of the vehicle and load does not exceed 80,000 pounds when:
(A) Hauling forest products from the forest where cut to the first point of marketing or processing; (B) Hauling live poultry or cotton from a farm to a processing plant; (C) Hauling feed from a feed mill to a farm; (D) Hauling granite, either block or sawed, or any other naturally occurring raw ore or mineral for further processing, from the quarry or stockpile area to a processing plant located in the same or an adjoining county and construction aggregates hauled to any point, unless otherwise prohibited; (E) Hauling solid waste or recovered materials from points of generation to a solid waste handling facility or other processing facility; or (F) Hauling concrete that is in a freshly mixed and unhardened state for delivery to a customer located in the same or an adjoining county. No lift axle may be used in computing the maximum total gross weight authorized for any vehicle or load under this paragraph. (2) A vehicle which is hauling the products listed in subparagraph (A), (B), or (C), or (D) of paragraph (1) of this subsection or which is hauling any other agricultural or farm product from a farm to the first point of marketing or processing shall be permitted a 5 percent variance from the weight limitations in paragraph (1) of this subsection within a 100 mile radius of the farm or point of origin. Any person who violates the load limitations provided for in this paragraph by exceeding the 5 percent variance per single axle, tandem axle, or maximum total gross weight shall be fined on the basis of the weight limitations of paragraph (1) of this subsection and not on the basis of the, including the variance allowed by this paragraph. (3) Any vehicle carrying a load as authorized in this subsection at night shall be equipped with lights clearly visible for a distance of not less than 300 feet from the front and rear of the vehicle."
SECTION 2. Said article is further amended in Code Section 32-6-27, relating to enforcement of load limitations, by revising paragraph (1) of subsection (a) as follows:
"(1) Five cents per pound for all excess weight over the allowed weight limitations, including any applicable variances; or"

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SECTION 3. This Act shall become effective on July 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce E Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper
Cox Y Crawford, M Y Crawford, R Y Davis, H N Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A E Holmes

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

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the passage of the Bill, by substitute, the ayes were 166, nays 3.

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

HR 369. By Representative Barnard of the 166th:

A RESOLUTION authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia; authorizing the conveyance of certain state owned real property located in Charlton County, Georgia; authorizing the conveyance of certain state owned real property located in Chatham County, Georgia; authorizing the conveyance of certain state owned real property located in Coffee County, Georgia; authorizing the conveyance of certain state owned real property located in Columbia County, Georgia; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce E Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson
Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk

Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice

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

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Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A E Holmes

Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the adoption of the Resolution, the ayes were 168, nays 0.

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

HR 370. By Representative Barnard of the 166th:

A RESOLUTION authorizing the leasing of certain state owned real property in Bibb County, Georgia; authorizing the leasing of certain state owned real property in Cobb County, Georgia; authorizing the leasing of certain state owned real property located in Dougherty County, Georgia; authorizing the leasing of certain state owned real property located in Mitchell County, Georgia; authorizing the leasing of certain state owned real property in Troup County, Georgia; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce E Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown
Knight Y Knox

Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F
Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet

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Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A E Holmes

Y Lakly Y Lane, B Y Lane, R Y Levitas 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 Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the adoption of the Resolution, the ayes were 168, nays 0.

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

HB 163. By Representatives Tumlin of the 38th, Williams of the 165th, Wix of the 33rd, Franklin of the 43rd, Ehrhart of the 36th and others:

A BILL to be entitled an Act to amend Title 7 of the O.C.G.A., relating to banking and finance, so as to provide for licensing of persons who provide deferred presentment services; to provide for a short title; to define certain terms; to provide for licenses, qualifications, and application therefor; to provide for fees; to provide for limitations; to provide for consumer notices; to provide for rules and regulations; to provide for penalties and hearings; to provide for complaint investigation; to provide for annual reports; to amend Title 16 of the O.C.G.A., relating to crimes and offenses, so as to repeal Chapter 17, "Payday Lending"; to provide for related matters; to provide for severability; to provide for preemption; to provide an effective date; to repeal conflicting laws; and for other purposes.

Representative Keen of the 179th moved that debate on HB 163 be limited to five minutes per speaker with the exception of the Minority Report and the Committee Chairman.

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

N Abdul-Salaam N Abrams Y Amerson N Ashe Y Barnard Y Bearden N Beasley-Teague

Y Dempsey Y Dickson N Dollar N Drenner N Dukes Y Ehrhart Y England

Y Holt Y Horne Y Houston Y Howard Y Hudson N Hugley N Jackson

Y Martin Y Maxwell Y May
McCall N McKillip Y Meadows
Millar

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B

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1325

N Benfield Y Benton Y Black Y Bridges Y Brooks N Bruce E Bryant N Buckner Y Burkhalter Y Burns Y Butler
Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M N Crawford, R N Davis, H Y Davis, S Y Day

N Epps Y Everson Y Fleming N Floyd, H Y Floyd, J N Fludd
Forster Y Franklin N Frazier Y Freeman N Gardner Y Geisinger Y Glanton E Golick N Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J
Heard, K Y Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A E Holmes

Y Jacobs Y James N Jamieson
Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J N Jones, S Y Jordan N Kaiser Y Keen
Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R N Levitas Y Lewis Y Lindsey
Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham
Manning Y Marin

Y Mills Y Mitchell N Morgan Y Morris
Mosby N Mumford N Murphy Y Neal N Nix
Oliver Y O'Neal E Parham Y Parrish Y Parsons
Peake N Porter Y Powell Y Pruett
Ralston N Randall N Reece Y Reese Y Rice Y Roberts N Rogers Y Royal Y Rynders N Sailor Y Scott, A

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

On the motion, the ayes were 110, nays 47.

The motion prevailed.

Representative Jenkins of the 8th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Committee substitute was read and adopted:

A BILL

To amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to provide for licensing of persons who provide deferred presentment services; to provide for a short title; to define certain terms; to provide for licenses, qualifications, and application therefor; to provide for fees; to provide for limitations; to provide for consumer notices; to provide for rules and regulations; to provide for penalties and hearings; to provide for complaint investigation; to provide for annual reports; to amend Chapter 17 of Title 16 of the Official Code of Georgia Annotated, relating to payday lending, so as to delete references to deferred presentments as payday

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loans; to prohibit unlicensed payday lenders from operating in this state; to provide for legislative findings; to provide for related matters; to provide for severability; to provide for preemption; 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 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended by adding at the end thereof a new Chapter 9 to read as follows:
"CHAPTER 9
7-9-1. This chapter shall be known and may be cited as the 'Deferred Presentment Services Act.' 7-9-2. As used in this chapter, the term:
(1) 'Affiliated' means, when used with reference to a specified person, a person who, whether directly, indirectly, or through one or more intermediaries, controls, is controlled by, or is under common control with the person specified. Any beneficial owner of 10 percent or more of the combined voting power of all classes of voting securities of a person or any executive officer, director, trustee, joint venturer, or general partner of a person is an affiliate of such person unless the shareholder, executive officer, director, trustee, joint venturer, or general partner shall prove that he or she in fact does not control, is not controlled by, or is not under common control with such person. (2) 'Amount financed' has the same meaning ascribed to it in Regulation Z of the federal Truth-In-Lending Act, 12 C.F.R. 226.18(b), as amended. (3) 'Check' means a negotiable instrument, as such term is defined in Code Section 11-3-104, signed by the maker and made payable to a person licensed under this chapter. (4) 'Commissioner' means the commissioner of banking and finance or his or her designated representative. (5) 'Consumer' means a person other than an organization who is the buyer, lessee, or debtor to whom credit is granted in a consumer credit transaction. (6) 'Deferred presentment services' means a transaction whereby the deferred presentment services provider, for a fee, does the following:
(A) Accepts a check from the consumer; (B) Agrees to hold the check for a period of time prior to negotiation or deposit of the check; and

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(C) Pays to the person, credits to the person's account, or pays to another party on the person's behalf the amount of the check, less service fees, permitted under subsection (d) of Code Section 7-9-10. The term 'deferred presentment services' shall also include any such arrangement in which a licensee pays a cash advance to a consumer in return for an automated clearing-house authorization to debit a consumer's checking account on a subsequent date. (7) 'Deferred presentment services provider' means any person who is licensed to engage in the business of deferred presentment services under this chapter. (8) 'Department' means the Department of Banking and Finance. (9) 'Licensee' means a person licensed to provide deferred presentment services pursuant to this chapter. (10) 'Multiple transactions' means more than one deferred presentment services agreement in effect at any one time with any deferred presentments provider. (11) 'Person' means an individual, group of individuals, partnership, association, corporation, or any other business unit or legal entity. (12) 'Renewal' means an extension of a deferred presentment services agreement whereby the consumer and licensee agree to extend the due date of the original deferred presentment services agreement only for a service fee. (13) 'Service fee' means the fee or other form of compensation, however paid, authorized in Code Sections 7-9-10 and 7-9-11 for the deferral of the presentation of a check pursuant to this chapter. Such fee shall not be deemed to be interest for any purpose.
7-9-3. (a) No person shall engage in the business of deferred presentment services or in any service substantially similar to deferred presentment services without having first obtained a license from the department as provided in this chapter. (b) The department shall promulgate rules and regulations providing for application processing and deadlines. (c) A separate license shall be required for each person who engages in the business of deferred presentment services; and if that person desires to transact business at more than one location, each location must be approved by the department before such person commences operation. (d) A deferred presentment services transaction that complies with the provisions of this chapter shall not be construed to be a loan for the purpose of Chapter 3 or 4 of this Title. A deferred presentment services transaction shall not be subject to the provisions of Code Section 16-9-20, except as provided in subsection (d) of Code Section 7-9-10, or to the provisions of Chapter 17 of Title 16 relating to payday loans.
7-9-4. (a) Each application for a license shall be in writing and under oath to the commissioner in a form prescribed by the department and shall include, but shall not be

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limited to, the following: (1) The legal name, residence address, and business address of the applicant and, if the applicant is a partnership, association, or corporation, the name, residence address, and business address of every member, officer, managing employee, and director thereof; (2) The name and street address of the registered agent for service of process of the applicant, the location at which the deferred presentment services shall be conducted, and such other data and information as the commissioner may require with respect to the applicant, its directors, trustees, officers, members, managing employees, or agents; (3) Any criminal record of the applicant, a manager, or an employee or, if the applicant is a partnership, association, or corporation, any criminal record of any person who is a director, officer, or shareholder of 10 percent or more of the outstanding stock of the applicant or who owns or controls the applicant; any record of fraud or other act of personal dishonesty; any act, omission, or practice that constitutes a breach of a fiduciary duty; or any record of suspension, removal, or administrative action by any agency or department of the United States or any state resulting from participation in the conduct of any business. The department shall be authorized to obtain conviction data, including without limitation information from the Georgia Crime Information Center derived from fingerprints, with respect to any such persons in the same manner as provided in Code Section 7-1-1004. Failure to disclose this information shall be grounds for summary denial or revocation of a license; (4) A corporate surety bond in a form acceptable to the department in favor of the commissioner executed by a corporate surety authorized to transact business in this state and approved by the department in the principal sum of $50,000.00 per location not to exceed a total of $250,000.00. Such bond shall be payable to the commissioner and shall be contingent upon compliance with this chapter and the payment by the licensee of any and all moneys that may become due and owing by the licensee to consumers or the department as a result of the receipt, handling, transmission, and payment of money arising out of the business of the licensee of cashing and retaining checks pursuant to the license issued to the licensee under this chapter. The department may apply to the surety for such sums owing and any person damaged by noncompliance of a licensee may proceed on the bond; (5) An annual licensing fee of $1,000.00 for each location which shall be refunded if the application is denied and which, if the license is granted, shall satisfy the fee requirement for the first license year. The license period shall begin July 1 of each year; (6) A copy of the written agreement that the applicant proposes to enter into with consumers and a copy of the proposed schedule of fees to be charged to the consumers, both of which are to be in conformity with this chapter; and (7) A one-time, nonrefundable investigation fee of $500.00 per location.

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(b) In order for an applicant to qualify for and retain a license, the applicant must satisfy the objective criteria set forth in this Code section, including the financial responsibility, financial condition, business experience, character, and general fitness requirements. (c) The department may refuse to issue a license, or may revoke an existing license, if it finds that the applicant, or any person who is a director, officer, partner, agent, employee, or ultimate equitable owner of 10 percent or more of the applicant, has been convicted of a felony involving moral turpitude in any jurisdiction or of a crime that, if committed within this state, would constitute a felony involving moral turpitude under the laws of this state. For the purposes of this chapter, a person shall be deemed to have been convicted of a crime if such person has pled guilty to a charge before a court or federal magistrate or has been found guilty of such a charge by the decision or judgment of a court or federal magistrate or by the verdict of a jury, irrespective of the pronouncement of sentence or the suspension thereof, unless such guilty plea or such decision, judgment, or verdict has been set aside, reversed, or otherwise abrogated by lawful judicial process, or unless the person convicted of the crime has received a pardon therefor from the President of the United States or the governor or other pardoning authority in the jurisdiction where the conviction was had or has received an official certification or pardon granted by the State Board of Pardons and Paroles that removes the legal disabilities resulting from such conviction and restores civil and political rights in this state. (d) The department may revoke, suspend, or decline to grant a license if a licensee, its employees, or its agents knowingly employ any person against whom a final cease and desist order has been issued because of a violation of this chapter or because of such person's own license having been suspended or revoked within the five years immediately preceding such persons first becoming so employed.
7-9-5. (a) Upon the filing of an application in a form prescribed by the commissioner and accompanied by the required fee and documents, the commissioner shall investigate whether the requirements prescribed by this chapter have been satisfied. If the commissioner finds that the requirements have been satisfied and approves the application, the commissioner shall issue to the applicant a license to engage in the deferred presentment services business in this state. (b) The license issued pursuant to subsection (a) of this Code section shall be conspicuously posted in each place of business of the licensee. (c) A license issued pursuant to this chapter shall remain in force and effect for a period of one year after its date of issuance unless earlier surrendered, suspended, or revoked. All licenses shall expire on June 30 following issuance. The commissioner shall not prorate the initial license fee for applications that will expire in fewer than 12 calendar months.

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7-9-6. (a) An application for a license under this chapter shall be denied for the failure of the applicant to comply with the prescribed requirements of this chapter and such denial shall be subject to notice and a hearing. (b) In any hearing on the denial of a license, the burden of proving entitlement to a license shall be on the applicant. The commissioner may summarily deny without notice or hearing any incomplete or inadequate application or any application that includes any person who:
(1) Controls the applicant or is a director, officer, manager, member, or shareholder of 10 percent or more of the applicant's outstanding stock; and (2) Has had a conviction of a felony involving moral turpitude or has had a license for deferred presentment services suspended or revoked in any state within five years preceding the date of the application.
7-9-7. (a) A license issued pursuant to this chapter is not transferable or assignable. (b) As used in this Code section, the term 'control' means:
(1) In the case of a corporation, direct or indirect ownership or the right to control 10 percent or more of the voting shares of the corporation or the ability of a person to elect a majority of the directors or otherwise effect a change in policy; and (2) In the case of any other entity, the ability to change the principals of the organization, whether active or passive. (c) The prior written approval of the commissioner is required for the continued operation of a deferred presentment services business whenever a change in control of a licensee is proposed. (d) The commissioner, on forms prescribed by the department, may require a licensee to provide information that the commissioner deems necessary in order to determine whether a new application is required when a change in control of a licensee is requested. Administrative costs incurred by the commissioner in investigating a change of control request, or where such a request is found to have been required, shall be paid by the person requesting such approval, subject to the limitations set forth in this chapter and the regulations promulgated under this chapter. (e) A licensee shall notify the department in writing, on forms prescribed by the department, five days before making any change in the licensee's business location or name.
7-9-8. Within 15 days following the occurrence of any one of the following events, a licensee shall file a written report with the commissioner describing such event and its expected impact on the activities of the licensee in this state, any one of which may be grounds for the revocation or suspension of a license:
(1) The institution of revocation or suspension proceedings against the licensee by any state or governmental authority;

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(2) The denial of the opportunity to engage in the business of deferred presentment services by any state or governmental authority; (3) Any arrest for a felony, charge of committing a felony, or felony indictment of the licensee or any of its directors, officers, managers, or principals; (4) Any felony conviction of the licensee or any of its directors, officers, or principals; provided, however, that conviction of a felony involving moral turpitude shall constitute grounds for immediate revocation of a license; or (5) Such other events as the commissioner may determine and identify by rule or regulation.
7-9-9. A license may be renewed for a period of one year upon the filing of an application conforming to the requirements of this chapter with such modifications as the department may require. No investigation fee shall be payable in connection with such renewal application, but an annual license fee of $1,000.00 for each licensed entity, plus an annual branch license fee of $1,000.00 for each location shall be paid with each renewal application. Such annual license fee shall not be refunded or prorated if the renewal application is approved. If the renewal is denied, one-half of the total fee shall be refunded, unless the applicant contests the denial and such denial is upheld after a hearing. Upon a denial becoming final, the applicant may not initiate new deferred presentment services transactions, but may continue collection efforts on all outstanding transactions. If a renewal application is filed with the department by the due date established by department regulation, the license sought to be renewed shall continue in force until the issuance by the department of the renewal license or denial.
7-9-10. (a) A person licensed pursuant to this chapter shall:
(1) Comply with all applicable provisions of state and federal law regarding cash transactions and cash transaction reporting; (2) Display its license in a conspicuous location in each place of business; (3) Display in a conspicuous location in each place of business the name and toll-free telephone number of a consumer credit counseling service organization; (4) Maintain and use in its business any books, accounts, and records the commissioner may require to carry into effect the provisions of this chapter and the administrative regulations issued under this chapter; (5) Post at any place of business where deferred presentment services are provided a notice of the charges imposed for such deferred presentment services; (6) Preserve its books, accounts, and records for at least five years or such longer period as provided by regulations. The books, accounts, and records must be maintained separately from those relating to any other business or businesses in which the person is engaged; (7) Provide the following notice in a prominent place on each deferred presentment services agreement in at least ten-point type:

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'A deferred presentment services transaction is not intended to meet long-term financial needs. A deferred presentment services transaction should be used only to meet short-term cash needs.'; and (8) Provide the following notice in a prominent place on each deferred presentment services agreement in at least 12 point boldface type: 'State law prohibits deferred presentment services transactions exceeding $750 total debt or 25% of your monthly gross income from any single deferred presentment services provider. Exceeding this amount may create financial hardships for you and your family. You have the right to rescind this transaction on or before the close of the next business day following this transaction.' (b) Each deferred presentment services transaction shall be documented by a written agreement signed by both the licensee and consumer. The written agreement shall contain the name of the consumer, the transaction date, the amount of the check, the annual percentage rate charged, and a statement of the total amount of service fees charged, expressed both as a dollar amount and an annual percentage rate consistent with the format and content of the federal Truth-In-Lending Act. In addition, the written agreement shall include all disclosures required by this Code section. The written agreement shall set a date, not more than 31 days after the deferred presentment services transaction date, upon which the check may be deposited or negotiated. (c) The written agreement shall not contain any of the following provisions: a hold harmless clause; a confession of judgment clause; a mandatory arbitration clause that does not comply with the standards set forth in the statement of principles of the National Consumer Dispute Advisory Committee of the American Arbitration Association in effect on July 1, 2007; any provision in which the consumer agrees not to assert a claim or defense arising out of the contract; any assignment of or order for payment of wages or other compensation for services; or any waiver by the consumer of any provision of this chapter. Selling any insurance of any kind in connection with the making or collecting of a deferred deposit transaction is prohibited. The written agreement in a deferred presentment services transaction shall not be considered a promissory note for the purposes of this chapter. (d) A deferred presentment services transaction is completed when the licensee presents the check or debits the consumer's checking account for payment or the consumer redeems the check by paying the full amount of the check to the holder. The consumer shall not be charged any additional charge or fee for cashing the licensee's business check or money order. Upon completion of a deferred presentment services transaction, the consumer may not enter into a subsequent deferred presentment services transaction until the fifth business day following the completion of the previous deferred presentment services transaction. (e) A licensee may charge a service fee for each deferred presentment services transaction, which service fee may not exceed $15.00 per $100.00 or portion thereof borrowed. The licensee may charge only those fees or interest authorized in this chapter in connection with a deferred presentment services transaction.

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(f) A consumer shall have the right to rescind, at no cost, the deferred presentment services transaction on or before the close of the next business day following the transaction. In order to rescind a deferred presentment services transaction, a consumer need only inform the licensee of the consumer's desire to rescind and return to the licensee cash in an amount equal to the amount financed. (g) The maker of a check shall have the right to redeem the check from the licensee before the agreed date of presentment upon payment to the licensee of the full amount of the check in cash or its equivalent. (h) Proceeds to the maker in a deferred presentment services transaction may be made in the form of a licensee's business check, money order, debit, or cash. (i) A consumer shall be permitted to make partial payments in accordance with Code Section 7-9-12. (j) Before a licensee presents for payment or deposit a check accepted by a licensee, the check shall be endorsed with the actual name under which the licensee is doing business. (k) If a check is returned to the licensee from a payor financial institution due to a closed account or a stop payment order, the licensee shall have the right to all civil means and fees available and allowed by Code Section 13-6-15; provided, however, that double damages shall not be allowed. The provisions of paragraph (3) of subsection (e) of Code Section 13-6-15 shall not apply to this Code section. (l) If a check is returned to a licensee under the circumstances described in paragraph (1) of subsection (a) of Code Section 16-9-20, the individual who issued the check shall be subject to prosecution under Code Section 16-9-20. Except as expressly provided in this subsection, no individual who issues a check to a licensee under this chapter shall be convicted of or considered to have violated any other provision of Code Section 169-20.
7-9-11. A person licensed pursuant to this chapter shall not:
(1) Require a consumer to provide security for the transaction or require the consumer to provide guaranty from another person; (2) Allow any consumer to have multiple transactions from the same deferred presentment services provider; (3) Allow a transaction with an aggregate face value exceeding the lesser of $750.00 or 25 percent of the consumer's monthly gross income; (4) Use any device, plan, or agreement, including agreements with affiliated licensees, or use any agreements with any check cashers, either formal or informal, with the intent to obtain greater charges than otherwise would be authorized by this chapter. Such prohibition shall include, but not be limited to, any fee to cash a check given to a consumer by a licensee; (5) Charge any fees or interest not specifically authorized in this chapter;

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(6) Alter or delete the date on any check accepted by the licensee, accept an undated check, or accept a check dated on a date other than the date on which the licensee accepts the check; (7) Engage in unfair or deceptive acts, practices, or advertising or pursue a course of action not in good faith or fair dealing in the conduct of the licensed business; (8) Except as specifically authorized under this chapter, use or threaten to use the criminal process available under Code Section 16-9-20 to collect on a deferred presentment services transaction or any civil process to collect the payment of a deferred presentment services transaction not generally available to creditors to collect on consumer loans in default; (9) Allow a consumer to renew or roll over a deferred presentment services transaction by paying only an additional fee to extend the due date of the existing transaction; or (10) Offer or provide deferred presentment services or a cash advance of any kind to an active duty member of the United States military or his or her dependents.
7-9-12. (a) A licensee must provide a consumer written notice of the consumer's right to request a repayment plan according to subsection (b) of this Code section. The form of such written notice shall be either prescribed or approved by the department and such notice shall be set forth conspicuously both at the point of sale and in every deferred presentment services agreement. (b) If a consumer is unable to pay on the due date the full amount owing under a deferred presentment services transaction with a licensee, then the consumer shall have the right to request in writing from such licensee a mandatory repayment plan. The licensee shall be required to provide to such consumer such a repayment plan, subject to the terms and conditions set forth below, at least once in a 12 month period. A consumer who has requested a repayment plan may repay the amount owed according to the following terms:
(1) The consumer must request the repayment plan, in writing, on or before the due date of the transaction; (2) The consumer shall agree not to enter into any additional deferred presentment services transactions during or for seven days following the payment plan term with any other licensee; (3) The consumer shall be allowed to repay the transaction in no more than four equal installments with one installment due on each of the consumer's next four pay dates; and (4) The licensee shall not charge a consumer any additional fee for utilizing the mandatory repayment plan.
7-9-13. (a) Whenever it appears to the department that any person required to be licensed under this chapter or any person employed by or acting as an agent for a licensee has

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violated any law of this state or any order or regulation of the department, the department may issue an initial written order requiring such person to cease and desist immediately from such unauthorized practices. Such cease and desist order shall be final 20 days after it is issued unless the person to whom it is issued makes a written request within such 20 day period for a hearing. The hearing shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' A cease and desist order to an unlicensed person that orders such person to cease engaging in a deferred presentment services business without a license shall be final 30 days from the date of issuance with no opportunity for an administrative hearing. If the proper license is obtained within the 30 day period, the department shall rescind the order. All final orders of the department are conclusive and subject only to judicial review under Code Section 7-1-90. (b) Whenever a person required to be licensed under this chapter or any such person's employee or agent fails to comply with the terms of an order of the department that has been properly issued under the circumstances, the department, upon notice of three days to such person, may, through the Attorney General, petition the court for an order directing such person to obey the order of the department within the period of time as shall be fixed by the court. Upon the filing of such petition, the court shall allow a motion to show cause why such petition should not be granted. Whenever, after a hearing upon the merits or after failure of such person to appear when ordered, it shall appear that the order of the department was properly issued, the court shall grant the petition of the department. (c) Any person required to be licensed under this chapter or any such person's employee or agent who violates the terms of any order issued pursuant to this Code section shall be liable for a civil penalty not to exceed $1,000.00. Each day during which the violation continues shall constitute a separate offense. In determining the amount of penalty, the department shall take into account the appropriateness of the penalty relative to the size of the financial resources of such person, the good faith efforts of such person to comply with the order, the gravity of the violation, any history of violations by such person, and such other factors or circumstances as shall have contributed to the violation. The department may at its discretion compromise, modify, or refund any penalty that is subject to imposition or has been imposed pursuant to this Code section. Any person assessed as provided in this subsection shall have the right to request a hearing on the matter within ten days after notification of the assessment has been served upon the licensee involved; otherwise, such penalty shall be final except as to judicial review as provided in Code Section 7-1-90. (d) The department may by rule or regulation prescribe administrative fines or penalties for violations of this chapter or of any rules or regulations promulgated by authority of this chapter, which may include requiring refunds of fees to consumers if such fees were not in compliance with this chapter. (e) Initial judicial review of the decision of the department entered pursuant to this Code section shall be available solely in the Superior Court of Fulton County.

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7-9-14. The commissioner may enter into consent orders at any time with any authorized person to resolve any matter arising under this chapter. A consent order shall be signed by the person to whom it is issued, or such person's duly authorized representative, and shall indicate agreement to the terms contained therein. A consent order need not constitute an admission by any person that any provision of this chapter or any rule, regulation, or order promulgated or issued under this chapter has been violated, nor need it constitute a finding by the commissioner that such person has violated any provision of this chapter or any rule, regulation, or order promulgated or issued under this chapter. Notwithstanding the issuance of a consent order, the commissioner may seek civil or criminal penalties or administrative fines concerning matters encompassed by the consent order. In cases involving extraordinary circumstances requiring immediate action, the commissioner may take any enforcement action authorized by Code Section 50-13-18. All such actions shall be final when taken except as to judicial review as provided in Code Section 7-1-90.
7-9-15. (a) In addition to the remedies available under subsection (b) of this Code section, any person aggrieved by the conduct of a licensee under this chapter in connection with the licensee's regulated activities may file a written complaint with the commissioner, who may investigate the complaint. In the course of the investigation of any complaint or suspected noncompliance with this chapter, the commissioner may subpoena witnesses; administer oaths; examine any individual under oath; and compel the production of records, books, papers, contracts, or other documents relevant to such investigation. If any person fails to comply with a subpoena of the commissioner under this chapter or to testify concerning any matter about which the person may be interrogated under this chapter, the commissioner may petition any principal court of competent jurisdiction for enforcement. If any licensee or its employee or agent fails to comply with a court ordered subpoena, its license shall be suspended pending compliance with the subpoena. If the commissioner receives a complaint or otherwise has a reasonable suspicion of noncompliance with this chapter, he or she shall have the administrative power to investigate and take administrative action or refer a situation to law enforcement authorities when appropriate. (b) If any deferred presentment transaction is made in willful violation of the provisions of this Code section, except as a result of a bona fide error, such transaction may be canceled by a court of competent jurisdiction. (c) Subject to the provisions of subsection (d) of this Code section in which a licensee and consumer may enter into an arbitration agreement, any other agreement whereby the consumer waives the benefits of this Code section shall be deemed to be against public policy and void. (d) Any deferred presentment services transaction in violation of this chapter shall be subject to an action, which may be brought in a court of competent jurisdiction, by the consumer seeking damages, reasonable attorney's fees, and costs; provided, however,

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that nothing in this subsection shall prohibit a licensee and consumer from entering into an arbitration agreement whereby the licensee and consumer agree to waive their right to file a lawsuit and to proceed in court to have a jury trial and instead agree to submit their dispute to an arbitrator for a decision.
7-9-16. To assure compliance with the provisions of this chapter, the commissioner may examine the relevant business books and records of any licensee. The commissioner may charge and collect an examination fee as established by rule or regulation for any compliance examination conducted by the commissioner. The commissioner, for the purpose of discovering violations of this chapter and for the purpose of determining whether persons are subject to the provisions of this chapter, is authorized to examine persons licensed under this chapter and persons reasonably suspected by the commissioner of conducting business which requires a license under this chapter, including all relevant books, records, and papers employed by such persons in the transaction of business, and to subpoena witnesses and documents and examine individuals under oath concerning matters relating to the business of such persons, or such other matters as may be relevant to the discovery of violations of this chapter, including without limitation the conduct of business without a license as required by this chapter. The license of any licensee that purposefully withholds, deletes, destroys, or alters information that is requested by an examiner of the department, or makes false statements or material misrepresentations to the department, may be suspended or revoked.
7-9-17. (a) Each licensee shall file an annual report together with a license renewal application with the commissioner containing the following information:
(1) If the licensee is a corporation, the names and addresses of its officers and directors and its registered agent for service of process; if the licensee is a partnership, the names and addresses of the partners; or, if the licensee is a limited liability company, the names and addresses of the board of governors of the limited liability company and its registered agent for service of process; (2) The names and addresses of all affiliated entities regulated under this title doing business in this state; (3) The location of all places of business operated by the licensee and the nature of the business conducted at each location; (4) The names and addresses of persons owning controlling interest in each licensee; and (5) Such other information as the department deems appropriate. (b) If the licensee holds two or more licenses or is affiliated with other licensees, a composite report complying with the requirements of subsection (a) of this Code section may be filed for all licenses.

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(c) All reports required by this Code section shall be filed in such form as may reasonably be required by the commissioner and shall be sworn to by an officer of the licensee. The information submitted by licensees pursuant to this chapter shall be afforded the same degree of confidentiality by the department and the commissioner as is applicable to all such other reports filed with the commissioner.
7-9-18. To defray the cost of administration and enforcement of this program, the department shall be authorized to charge a fee for each person applying for or being issued a license for deferred presentment services and to assess fines as authorized by law and regulations. Such funds shall be deposited with the Office of Treasury and Fiscal Services, net of the cost of overhead to administer this program. The department is authorized to establish by regulation reasonable fees to be assessed to applicants for services performed outside of the routine application and renewal process. For example, a fee may be charged to an applicant who notifies the department of a change in control which obligates the department to initiate an investigation and incur additional costs under this program.
7-9-19. The commissioner may promulgate reasonable rules and regulations in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and not inconsistent with the laws of this state for the administration and enforcement of this chapter and its intent. The commissioner is specifically authorized to set reasonable fees and fines for the failure of applicants or licensees to perform in accordance with the provisions of this law.
7-9-20. If any provision of this chapter or the application thereof to any person or circumstance is held invalid for any reason, the invalidity shall not affect the other provisions or any other application of this chapter which can be given effect without the invalid provisions or application.
7-9-21. To the extent this chapter conflicts with any other state law, rule, regulation, or ordinance, this chapter is superior and supersedes those laws, rules, regulations, or ordinances for the purposes of regulating deferred presentment services in the State of Georgia."
SECTION 2. Chapter 17 of Title 16 of the Official Code of Georgia Annotated, relating to payday loans, is amended by repealing and reserving Code Section 16-17-1, relating to definitions and findings regarding payday loans, as follows:
"16-17-1.

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(a) Without limiting in any manner the scope of this chapter, 'payday lending' as used in this chapter encompasses all transactions in which funds are advanced to be repaid at a later date, notwithstanding the fact that the transaction contains one or more other elements and a 'payday lender' shall be one who engages in such transactions. This definition of 'payday lending' expressly incorporates the exceptions and examples contained in subsections (a) and (b) of Code Section 16-17-2. (b) Despite the fact that the Attorney General of the State of Georgia has opined in Official Opinion 2002-3 entered on June 27, 2002, that payday lending is in violation of Georgia law and despite the fact that the Industrial Loan Commissioner has issued cease and desist orders against various payday lenders in the State of Georgia, the General Assembly has determined that payday lending continues in the State of Georgia and that there are not sufficient deterrents in the State of Georgia to cause this illegal activity to cease. (c) The General Assembly has determined that various payday lenders have created certain schemes and methods in order to attempt to disguise these transactions or to cause these transactions to appear to be 'loans' made by a national or state bank chartered in another state in which this type of lending is unregulated, even though the majority of the revenues in this lending method are paid to the payday lender. The General Assembly has further determined that payday lending, despite the illegality of such activity, continues to grow in the State of Georgia and is having an adverse effect upon military personnel, the elderly, the economically disadvantaged, and other citizens of the State of Georgia. The General Assembly has further determined that substantial criminal and civil penalties over and above those currently existing under state law are necessary in order to prohibit this activity in the State of Georgia and to cause the cessation of this activity once and for all. The General Assembly further declares that these types of loans are currently illegal and are in violation of Code Section 7-4-2. The General Assembly declares that the use of agency or partnership agreements between in-state entities and out-of-state banks, whereby the in-state agent holds a predominant economic interest in the revenues generated by payday loans made to Georgia residents, is a scheme or contrivance by which the agent seeks to circumvent Chapter 3 of Title 7, the 'Georgia Industrial Loan Act,' and the usury statutes of this state. (d) Payday lending involves relatively small loans and does not encompass loans that involve interstate commerce. Certain payday lenders have attempted to use forum selection clauses contained in payday loan documents in order to avoid the courts of the State of Georgia, and the General Assembly has determined that such practices are unconscionable and should be prohibited. (e) Without limiting in any manner the scope of this chapter, the General Assembly declares that it is the general intent of this chapter to reiterate that in the State of Georgia the practice of engaging in activities commonly referred to as payday lending, deferred presentment services, or advance cash services and other similar activities are currently illegal and to strengthen the penalties for those engaging in such activities. (f) This chapter in no way impairs or restricts the authority granted to the commissioner of banking and finance, the Industrial Loan Commissioner, or any other

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regulatory authority with concurrent jurisdiction over the matters stated in this chapter Reserved."
SECTION 3. Said chapter is further amended by revising subsections (a), (c), and (d) of Code Section 16-17-2, relating to exceptions and penalties for payday lending, as follows:
"(a) It shall be unlawful for any person to engage in any business, in whatever form transacted, including, but not limited to, by mail, electronic means, the Internet, or telephonic means, which consists in whole or in part of making, offering, arranging, or acting as an agent in the making of loans of $3,000.00 or less unless:
(1) Such person is engaging in financial transactions permitted pursuant to: (A) The laws regulating financial institutions as defined under Chapter 1 of Title 7, the 'Financial Institutions Code of Georgia'; (B) The laws regulating state and federally chartered credit unions; (C) Article 13 of Chapter 1 of Title 7, relating to Georgia residential mortgages; (D) Chapter 3 of Title 7, the 'Georgia Industrial Loan Act'; (E) Chapter 4 of Title 7, relating to interest and usury; (F) Chapter 5 of Title 7, 'The Credit Card and Credit Card Bank Act,' including financial institutions and their assignees who are not operating in violation of said chapter; or (G) Paragraph (2) of subsection (a) of Code Section 7-4-2 in which the simple interest rate is not greater than 16 percent per annum; or (H) Chapter 9 of Title 7, the 'Deferred Presentment Services Act';
(2) Such loans are lawful under the terms of: (A) Article 1 of Chapter 1 of Title 10, 'The Retail Installment and Home Solicitation Sales Act'; (B) Article 2 of Chapter 1 of Title 10, the 'Motor Vehicle Sales Finance Act'; or (C) Part 5 of Article 3 of Chapter 12 of Title 44, relating to pawnbrokers;
(3) Subject to the provisions of paragraph (4) of subsection (b) of this Code section, such person is a bank or thrift chartered under the laws of the United States, a bank chartered under the laws of another state and insured by the Federal Deposit Insurance Corporation, or a credit card bank and is not operating in violation of the federal and state laws applicable to its charter; or (4) Such loan is made as a tax refund anticipation loan. In order to be exempt under this paragraph the tax refund anticipation loan must be issued using a borrower's filed tax return and the loan cannot be for more than the amount of the borrower's anticipated tax refund. Tax returns that are prepared but not filed with the proper government agency will not qualify for a loan exemption under this paragraph." "(c)(1) A An unlicensed payday lender shall not include in any loan contract made with a resident of this state any provision by which the laws of a state other than Georgia shall govern the terms and enforcement of the contract, nor shall the loan contract designate a court for the resolution of disputes concerning the contract other

TUESDAY, MARCH 20, 2007

1341

than a court of competent jurisdiction in and for the county in which the borrower resides or the loan office is located. (2) An arbitration clause in a payday loan contract by an unlicensed lender shall not be enforceable if the contract is unconscionable. In determining whether the contract is unconscionable, the court shall consider the circumstances of the transaction as a whole, including but not limited to:
(A) The relative bargaining power of the parties; (B) Whether arbitration would be prohibitively expensive to the borrower in view of the amounts in controversy; (C) Whether the contract restricts or excludes damages or remedies that would be available to the borrower in court, including the right to participate in a class action; (D) Whether the arbitration would take place outside the county in which the loan office is located or any other place that would be unduly inconvenient or expensive in view of the amounts in controversy; and (E) Any other circumstance that might render the contract oppressive. (d) Any person who violates subsection (a) or (b) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature and upon conviction thereof shall be punished by imprisonment for not more than one year or by a fine not to exceed $5,000.00 or both. Each unlicensed loan transaction shall be deemed a separate violation of this Code section. Any person who aids or abets such a violation, including any arbiter or arbitration company, shall likewise be guilty of a misdemeanor of a high and aggravated nature and shall be punished as set forth in this subsection. If a person has been convicted of violations of subsection (a) or (b) of this Code section on three prior occasions, then all subsequent convictions shall be considered felonies punishable by a fine of $10,000.00 or five years imprisonment or both."
SECTION 4. Said chapter is further amended by revising Code Section 16-17-7, relating to revocation of certificates of authority, as follows:
"16-17-7. All corporations, limited liability companies, and other business entities which are engaged in unlicensed payday lending in the State of Georgia are prohibited from obtaining any certificate of authority from the Secretary of State or from the Department of Banking and Finance, and engaging in such unlicensed payday lending activity in the State of Georgia shall result in the revocation of any existing certificate of authority."
SECTION 5. Said chapter is further amended by revising Code Section 16-17-8, relating to declaring the site of a payday lender's business a public nuisance, as follows:
"16-17-8. The site or location of a place of business where unlicensed payday lending takes place in the State of Georgia is declared a public nuisance."

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SECTION 6. This Act shall become effective on July 1, 2007.

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 N Abrams N Amerson N Ashe Y Barnard Y Bearden N Beasley-Teague N Benfield Y Benton N Black N Bridges Y Brooks N Bruce E Bryant N Buckner N Burkhalter Y Burns Y Butler Y Byrd N Carter, A Y Carter, B Y Casas Y Chambers
Channell N Cheokas Y Coan Y Cole Y Coleman N Collins
Cooper Y Cox N Crawford, M N Crawford, R N Davis, H Y Davis, S Y Day

Y Dempsey N Dickson 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 N Frazier Y Freeman N Gardner Y Geisinger N Glanton E Golick N Gordon Y Graves N Greene Y Hamilton N Hanner E Harbin N Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree N Henson Y Hill, C N Hill, C.A E Holmes

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

Y Martin Y Maxwell Y May N McCall N McKillip N Meadows Y Millar N Mills Y Mitchell N Morgan Y Morris N Mosby N Mumford N Murphy Y Neal N Nix N Oliver
O'Neal E Parham Y Parrish Y Parsons Y Peake N Porter N Powell Y Pruett Y Ralston N Randall N Reece Y Reese Y Rice Y Roberts N Rogers N Royal N Rynders Y Sailor N Scott, A

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

On the passage of the Bill, by substitute, the ayes were 84, nays 84.

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1343

The Bill, having failed to receive the requisite constitutional majority, was lost.
Representative Ehrhart of the 36th 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 163.
HR 351. By Representatives Lindsey of the 54th, Holmes of the 61st, Willard of the 49th, Ashe of the 56th, Jones of the 46th and others:
A RESOLUTION creating the Joint Study Committee on Fulton County; and for other purposes.
The following Committee substitute was read and withdrawn:
A RESOLUTION
Creating the Joint Study Committee on Fulton County; and for other purposes.
WHEREAS, the Fulton County Blue Ribbon Commission on Fulton County Governance formulated suggested reforms for the operations of Fulton County in order to make operations efficient and responsive to the residents of Fulton County; and
WHEREAS, the Fulton County Blue Ribbon Commission specifically recommended changes to the size and composition of the Fulton County Commission; and
WHEREAS, the Fulton County Blue Ribbon Commission suggested enhancement of the authority of the chairperson of the Fulton County Commission; and
WHEREAS, the Fulton County Blue Ribbon Commission recommended that reforms were needed with regard to the operations of the sheriff's office, superior court clerk's office, and general operations and configuration of the Fulton County criminal justice system; and
WHEREAS, the Fulton County Blue Ribbon Commission proposed reforms regarding the Fulton County library system; and
WHEREAS, the Fulton County Blue Ribbon Commission suggested reforms regarding Fulton County health and human services; and
WHEREAS, the Fulton County Blue Ribbon Commission commended reformation of the Fulton County transportation system.

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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on Fulton County. The committee shall consist of 16 members; eight members shall be appointed by the Lieutenant Governor and eight members shall be appointed by the Speaker of the House of Representatives. The Lieutenant Governor and the Speaker of the House each shall designate a member of the committee as cochairperson of the committee. The chairpersons 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 the Fulton County government structure and operations and the problems found by the Fulton County Blue Ribbon Commission 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. 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 the convening of the 2008 session of the General Assembly, at which time the committee shall stand abolished.
The following substitute, offered by Representative Lindsey of the 54th, was read and adopted:
A RESOLUTION
Creating the Joint Study Committee on Fulton County; and for other purposes.
WHEREAS, the Fulton County Blue Ribbon Commission on Fulton County Governance formulated suggested reforms for the operations of Fulton County in order to make operations efficient and responsive to the residents of Fulton County; and
WHEREAS, the Fulton County Blue Ribbon Commission specifically recommended changes to the size and composition of the Fulton County Commission; and
WHEREAS, the Fulton County Blue Ribbon Commission suggested enhancement of the authority of the chairperson of the Fulton County Commission; and
WHEREAS, the Fulton County Blue Ribbon Commission recommended that reforms were needed with regard to the operations of the sheriff's office, superior court clerk's office, and general operations and configuration of the Fulton County criminal justice system; and

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1345

WHEREAS, the Fulton County Blue Ribbon Commission proposed reforms regarding the Fulton County library system; and

WHEREAS, the Fulton County Blue Ribbon Commission suggested reforms regarding Fulton County health and human services; and

WHEREAS, the Fulton County Blue Ribbon Commission commended reformation of the Fulton County transportation system; and

WHEREAS, a separate study is currently being conducted on the division of Fulton County into more than one county.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on Fulton County. The committee shall consist of 16 members; eight members shall be appointed by the Lieutenant Governor and eight members shall be appointed by the Speaker of the House of Representatives. The Lieutenant Governor and the Speaker of the House each shall designate a member of the committee as cochairperson of the committee. The chairpersons 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 the Fulton County government structure and operations and the problems found by the Fulton County Blue Ribbon Commission 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. 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 the convening of the 2008 session of the General Assembly, at which time the committee shall stand abolished.

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 Abrams Y Amerson Y Ashe Y Barnard

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes

Y Holt Y Horne Y Houston Y Howard Y Hudson

Y Martin Y Maxwell Y May Y McCall Y McKillip

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon

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Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce E Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B E Casas Y Chambers
Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y 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 Hugley Jackson
Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser
Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning
Marin

Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver
O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts
Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Shipp Y Sims, B Y Sims, C Y Sims, F
Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, M Y 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.

HB 177. By Representatives Scott of the 2nd, Loudermilk of the 14th, Neal of the 1st and Franklin of the 43rd:

A BILL to be entitled an Act to amend Code Section 12-3-621 of the Official Code of Georgia Annotated, relating to protection and regulation of archeological, aboriginal, prehistoric, or historic sites, so as to change the type and manner of notice required to be given to the state archeologist prior to investigating such sites or seeking to recover artifacts; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

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1347

A BILL

To amend Code Section 12-3-621 of the Official Code of Georgia Annotated, relating to protection and regulation of archeological, aboriginal, prehistoric, or historic sites, so as to change the type and manner of notice required to be given to the state archeologist prior to investigating such sites or seeking to recover artifacts; 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 12-3-621 of the Official Code of Georgia Annotated, relating to protection and regulation of archeological, aboriginal, prehistoric, or historic sites, is amended by revising subsection (b) as follows:
"(b) When the surface of any archeological, aboriginal, prehistoric, or historic site is disturbed by a person not documented as operating under the provisions of Section 106 of the National Historic Preservation Act, as amended, for the purpose of investigating the site or discovering artifacts with the written permission of the landowner, such person shall notify the state archeologist in writing at least five business days before beginning any such investigation or disturbance. The state archeologist shall maintain a web site and telephone hot line, available at all times, for the purpose of receiving notice in such form as shall be specified by policy of the department. The state archeologist shall immediately notify the Council on American Indian Concerns created by Code Section 44-12-280 of any such investigation that might involve American Indian human remains or burial objects. The state archeologist shall make available to the council any information pertaining to investigations conducted pursuant to Section 106 of the National Historic Preservation Act, as amended."

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps

Y Holt Y Horne Y Houston
Howard Y Hudson Y Hugley
Jackson Y Jacobs

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C

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JOURNAL OF THE HOUSE

Y Benton Y Black Y Bridges Y Brooks Y Bruce E Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B E Casas Y Chambers
Channell Cheokas Y Coan Y Cole Y Coleman Y Collins Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Everson Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y 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 James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight
Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning
Marin

Y Mitchell Morgan
Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver
O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M 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 181. By Representatives Jacobs of the 80th, Millar of the 79th, Chambers of the 81st, Levitas of the 82nd, Oliver of the 83rd and others:

A BILL to be entitled an Act to amend Chapter 75 of Title 36 of the Official Code of Georgia Annotated, relating to war on terrorism local assistance, so as to provide for limitations with respect to the creation, activation, and activities of public safety and judicial facilities authorities and joint public safety and judicial facilities authorities; to provide for legislative intent; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read:

A BILL

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1349

To amend Chapter 75 of Title 36 of the Official Code of Georgia Annotated, relating to war on terrorism local assistance, so as to provide for limitations with respect to the creation, activation, and activities of public safety and judicial facilities authorities and joint public safety and judicial facilities authorities; to require resolutions and referendums prior to issuing bonds for new 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. Chapter 75 of Title 36 of the Official Code of Georgia Annotated, relating to war on terrorism local assistance, is amended by adding new Code sections to read as follows:
"36-75-11. (a) On and after the effective date of this Code section, no public safety and judicial facilities authority or joint public safety and judicial facilities authority created and activated under Code Section 36-75-4 shall be authorized to issue bonded indebtedness for new projects unless:
(1) In the case of a public safety and judicial facilities authority of a county or municipality, a resolution approving such projects passed by a majority vote of the governing authority of the county or municipality that created and activated such authority was ratified by the electors of the county or municipality in a referendum; or (2) In the case of a joint public safety and judicial facilities authority, a resolution approving such projects passed by a majority vote of each of the governing authorities of the counties and municipalities that created and activated such authority was ratified by the electors of each such county or municipality in a referendum. (b) If a public safety and judicial facilities authority or joint public safety and judicial facilities authority created and activated under Code Section 36-75-4 desires to fund multiple projects in a bond issue, such projects shall be ranked in the order they will be funded after approval by the appropriate governing authority or governing authorities and ratification by the electors under this Code section. Such order of funding shall be binding on the public safety and judicial facilities authority or joint public safety and judicial facilities authority and such projects shall be funded in the order approved unless a different order is submitted to the appropriate governing authority or authorities for approval and electors for ratification. (c) Any authority authorized by general or local Act to operate and incur bonded indebtedness in a county or municipality authorized by this chapter to activate a public safety and judicial facilities authority or joint public safety and judicial facilities authority and which constructs or operates buildings or facilities for use by any department, agency, division, or commission of any county or municipality authorized by this chapter to activate a public safety and judicial facilities authority or joint public safety and judicial facilities authority shall obtain approval by resolution and referendum as provided in this Code section prior to issuing bonds for any new buildings or facilities or improvements to existing building or facilities.

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JOURNAL OF THE HOUSE

36-75-12. Those public safety and judicial facilities authorities or joint public safety and judicial facilities authorities created and activated under Code Section 36-75-4 that have issued the $50 million maximum aggregate amount of bonds permitted under paragraph (13) of Code Section 36-75-7 shall be subject to the provisions of Code Section 36-75-11 when such bonded indebtedness is reduced and such authorities desire to issue additional bonds for new projects."

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 Henson of the 87th et al. move to amend the House Committee on Governmental Affairs substitute to HB 181 (LC 28 3622S) by striking "and electors for ratification" on lines 1 and 2 on page 2.

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

Abdul-Salaam Y Abrams N Amerson N Ashe N Barnard N Bearden Y Beasley-Teague Y Benfield Y Benton N Black N Bridges Y Brooks
Bruce E Bryant Y Buckner N Burkhalter N Burns N Butler N Byrd N Carter, A N Carter, B E Casas N Chambers
Channell N Cheokas

N Dempsey N Dickson Y Dollar Y Drenner Y Dukes N Ehrhart N England Y Epps N Everson N Fleming Y Floyd, H N Floyd, J
Fludd Forster N Franklin Frazier N Freeman N Gardner N Geisinger Y Glanton E Golick Y Gordon N Graves N Greene N Hamilton

N Holt N Horne N Houston N Howard N Hudson Y Hugley
Jackson Y Jacobs N James N Jamieson Y Jenkins N Jerguson Y Johnson, C E Johnson, T N Jones, J Y Jones, S Y Jordan Y Kaiser N Keen N Keown N Knight N Knox N Lakly N Lane, B N Lane, R

N Martin N Maxwell N May N McCall Y McKillip N Meadows Y Millar N Mills Y Mitchell
Morgan N Morris Y Mosby N Mumford Y Murphy N Neal N Nix N Oliver
O'Neal E Parham N Parrish N Parsons N Peake Y Porter N Powell N Pruett

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

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1351

N Coan N Cole N Coleman N Collins
Cooper N Cox N Crawford, M Y Crawford, R N Davis, H N Davis, S N Day

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

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

N Ralston Y Randall Y Reece N Reese N Rice N Roberts Y Rogers N Royal N Rynders Y Sailor N Scott, A

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

On the adoption of the amendment, the ayes were 49, nays 108.

The amendment was lost.

Representative Henson of the 87th moved that the House reconsider its action in failing to adopt the Henson amendment.

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

Abdul-Salaam Y Abrams N Amerson N Ashe N Barnard N Bearden Y Beasley-Teague Y Benfield Y Benton Y Black N Bridges Y Brooks
Bruce E Bryant Y Buckner N Burkhalter N Burns N Butler N Byrd Y Carter, A N Carter, B E Casas N Chambers
Channell N Cheokas N Coan N Cole N Coleman N Collins
Cooper N Cox

N Dempsey N Dickson Y Dollar Y Drenner N Dukes N Ehrhart N England Y Epps N Everson N Fleming Y Floyd, H N Floyd, J Y Fludd
Forster N Franklin
Frazier N Freeman Y Gardner N Geisinger Y Glanton E Golick Y Gordon N Graves Y Greene N Hamilton Y Hanner N Harbin N Hatfield N Heard, J N Heard, K
Heckstall

N Holt N Horne N Houston N Howard N Hudson Y Hugley
Jackson Y Jacobs Y James N Jamieson Y Jenkins N Jerguson Y Johnson, C E Johnson, T N Jones, J Y Jones, S Y Jordan
Kaiser N Keen N Keown N Knight N Knox N Lakly N Lane, B N Lane, R Y Levitas N Lewis N Lindsey Y Lord N Loudermilk Y Lucas

N Martin N Maxwell N May N McCall Y McKillip N Meadows Y Millar N Mills Y Mitchell
Morgan N Morris Y Mosby N Mumford Y Murphy N Neal N Nix N Oliver
O'Neal E Parham N Parrish Y Parsons N Peake Y Porter N Powell N Pruett N Ralston Y Randall Y Reece N Reese N Rice N Roberts

N Scott, M N Sellier N Setzler Y Shaw N Sheldon Y Shipp N Sims, B N Sims, C N Sims, F Y Sinkfield N Smith, B N Smith, L N Smith, R N Smith, T N Smith, V E Smyre Y Stanley-Turner N Starr N Stephens Y Stephenson N Talton Y Teilhet Y Thomas, A.M Y Thomas, B N Tumlin N Walker E Watson N Wilkinson N Willard Y Williams, A Y Williams, E

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JOURNAL OF THE HOUSE

N Crawford, M Y Crawford, R N Davis, H N Davis, S N Day

N Hembree Y Henson N Hill, C N Hill, C.A E Holmes

Y Lunsford N Maddox Y Mangham Y Manning
Marin

Y Rogers N Royal N Rynders Y Sailor N Scott, A

N Williams, M N Williams, R Y Wix N Yates
Richardson, Speaker

On the motion, the ayes were 55, nays 104.

The motion was lost.

The following amendment was read:

Representative Mitchell of the 88th et al. move to amend the House Committee on Governmental Affairs substitute to HB 181 (LC 28 3622S) by inserting after "authority;" on line 8 on page 1 "to increase the amount of bonds that such authorities may issue;"

By striking line 14 on page 1 and inserting in lieu thereof the following:

terrorism local assistance, is amended by revising paragraph (13) of Code Section 36-757, relating to the powers of the authority, 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 the maximum aggregate amount of bonds issued shall be $50 $80 million; and".

SECTION 2. Said chapter is further amended by adding new Code sections to read as follows:

By striking "$50" on line 13 on page 2 and inserting in lieu thereof "$80"

By redesignating Sections 2 and 3 as Sections 3 and 4, respectively.

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

Abdul-Salaam Y Abrams

N Dempsey N Dickson

N Holt N Horne

N Martin N Maxwell

N Scott, M N Sellier

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1353

N Amerson N Ashe N Barnard N Bearden Y Beasley-Teague Y Benfield N Benton N Black N Bridges Y Brooks Y Bruce E Bryant Y Buckner N Burkhalter N Burns N Butler N Byrd N Carter, A N Carter, B E Casas N Chambers
Channell N Cheokas N Coan N Cole N Coleman N Collins
Cooper Y Cox N Crawford, M Y Crawford, R Y Davis, H N Davis, S N Day

N Dollar Y Drenner Y Dukes Y Ehrhart N England Y Epps N Everson N Fleming Y Floyd, H N Floyd, J Y Fludd
Forster N Franklin
Frazier N Freeman N Gardner N Geisinger N Glanton E Golick N Gordon N Graves N Greene N Hamilton Y Hanner N Harbin N Hatfield N Heard, J Y Heard, K
Heckstall N Hembree Y Henson N Hill, C N Hill, C.A E Holmes

N Houston Y Howard N Hudson Y Hugley
Jackson Y Jacobs Y James N Jamieson Y Jenkins N Jerguson
Johnson, C E Johnson, T N Jones, J Y Jones, S Y Jordan
Kaiser N Keen N Keown N Knight N Knox N Lakly N Lane, B N Lane, R Y Levitas N Lewis N Lindsey N Lord N Loudermilk N Lucas N Lunsford N Maddox Y Mangham N Manning
Marin

N May N McCall Y McKillip N Meadows Y Millar N Mills Y Mitchell
Morgan N Morris Y Mosby N Mumford Y Murphy N Neal N Nix N Oliver
O'Neal E Parham N Parrish N Parsons N Peake Y Porter N Powell N Pruett N Ralston N Randall N Reece N Reese N Rice N Roberts Y Rogers N Royal N Rynders Y Sailor N Scott, A

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

On the adoption of the amendment, the ayes were 49, nays 109.

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:

Abdul-Salaam N Abrams Y Amerson
Ashe

Y Dempsey Y Dickson Y Dollar N Drenner

Y Holt Y Horne Y Houston Y Howard

Y Martin Y Maxwell Y May Y McCall

Y Scott, M Y Sellier Y Setzler Y Shaw

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Y Barnard Y Bearden N Beasley-Teague N Benfield Y Benton Y Black Y Bridges N Brooks N Bruce E Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B E Casas Y Chambers
Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin
Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A E Holmes

Y Hudson N Hugley
Jackson Y Jacobs N James Y Jamieson Y Jenkins Y Jerguson
Johnson, C E Johnson, T Y Jones, J Y Jones, S N Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey N Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox N Mangham Y Manning
Marin

Y McKillip Y Meadows Y Millar Y Mills N Mitchell
Morgan Y Morris N Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver
O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders N Sailor Y Scott, A

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

On the passage of the Bill, by substitute, the ayes were 136, nays 23.

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

HB 109. By Representatives Black of the 174th, Shaw of the 176th, Carter of the 175th and Hatfield of the 177th:

A BILL to be entitled an Act to amend Chapter 68 of Title 36 of the Official Code of Georgia Annotated, relating to consolidation of a county and municipality through repeal of the charter of the municipality, so as to provide that under certain circumstances a county which contains no municipality shall be deemed to constitute a consolidated government and shall be subject to certain provisions of said chapter; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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1355

The following substitute, offered by Representative Black of the 174th, was read and adopted:
A BILL
To amend Chapter 68 of Title 36 of Official Code of Georgia Annotated, relating to consolidation of a county and municipality through repeal of the charter of the municipality, so as to provide that under certain circumstances a county which contains no municipality shall be deemed to constitute a consolidated government and shall be subject to certain provisions of said chapter; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 68 of Title 36 of Official Code of Georgia Annotated, relating to consolidation of a county and municipality through repeal of the charter of the municipality, is amended by adding a new Code section to read as follows:
"36-68-4. (a) If as of July 1, 2007, or at any time thereafter there exists in this state a county in which no part of any municipal corporation is located, then the governing authority of that county may elect that the county shall thenceforth be deemed to be and constituted as a consolidated government for purposes of the laws of this state. In order to be effective under this Code section, the election by the county governing authority must comply with all of the following conditions:
(1) The election shall be carried out by the adoption of an appropriate resolution by the county governing authority which must be adopted by unanimous vote of the members of the governing authority voting thereon; (2) The election must be made by the county governing authority within one calendar year after July 1, 2007, or such later date as this Code section becomes applicable to the county; (3) The county must at the time of election be providing at least three of the services specified in subsection (b) of Code Section 36-30-7.1; and (4) Within 30 days after the adoption of the resolution a certification of election must be filed by the county with the Department of Community Affairs in such form and manner as may be specified by the department. (b) A county which is constituted as a consolidated government under this Code section shall constitute a municipal corporation as well as a county for the purpose of the application of the general laws and Constitution of this state. Such a county may exercise the powers vested in municipalities generally as well as the powers vested in the county by general or local law. When similar but not identical laws apply to counties and municipalities and a determination must be made as to which law applies,

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the county which is constituted as a consolidated government may elect which law to proceed under. (c) When a county has become subject to this Code section, no municipal corporation may thereafter be created in or extend into the county."

SECTION 2. This Act shall become effective on July 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, 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce E Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B E Casas Y Chambers
Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes N Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree
Henson Y Hill, C

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver
O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal N Rynders

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

TUESDAY, MARCH 20, 2007

1357

Y Davis, S Y Day

Y Hill, C.A E Holmes

Y Manning Marin

Y Sailor Y Scott, A

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.

HB 559. By Representatives Kaiser of the 59th, Sheldon of the 105th, Ashe of the 56th, Jones of the 46th, Thomas of the 55th and others:

A BILL to be entitled an Act to amend Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for teachers and other school personnel in elementary and secondary education, so as to provide for teachers and employees of charter schools to be considered employees for purposes of participating in the health insurance plans for teachers and other school personnel; 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 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for teachers and other school personnel in elementary and secondary education, so as to provide for teachers and employees of charter schools to be considered employees for purposes of participating in the health insurance plans for teachers and other school personnel; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for teachers and other school personnel in elementary and secondary education, is amended in Code Section 20-2-880, relating to definitions relative to a health plan for public school teachers, by revising paragraphs (3) and (4) as follows:
"(3) 'Local employer' means the county or independent board of education, a charter school, regional and county libraries, and the governing authority of Georgia Military College. (4) 'Public school teacher,' 'teacher,' and 'employee' mean any person employed not less than half time in a professionally certificated capacity or position in the public

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school systems of this state. 'Public school teacher,' 'teacher,' and 'employee' also mean librarians and other personnel employed by regional and county libraries or the high school program of Georgia Military College. 'Public school teacher,' 'teacher,' and 'employee' also mean any professionally certificated person who has acquired ten years or more of creditable service and who is being paid retirement benefits by the Teachers Retirement System of Georgia, Chapter 3 of Title 47, or by any other public school teacher retirement system in this state. 'Public school teacher,' 'teacher,' and 'employee' also mean any person employed not less than half time and compensated in a professionally certificated capacity or position in a charter school in this state established pursuant to Article 31 of Chapter 2 of Title 20, if the charter school elects to participate in the health insurance plan established pursuant to this subpart. 'Public school teacher,' 'teacher,' and 'employee' shall not be deemed to include any emergency or temporary employee. Notwithstanding this definition or any other provision of this subpart, the board may, by regulation, make available to employees who work 17 1/2 hours or more per week such benefits as are required to be made available to such employees by regulations of the United States Internal Revenue Service or any other federal authority."
SECTION 2. Said part is further amended in Code Section 20-2-910, relating to definitions relative to a health plan for public school employees, by revising paragraph (3) as follows:
"(3) 'Public school employee' means an 'employee' as defined in paragraph (20) of Code Section 47-4-2. 'Public school employee' also means classroom aides, paraprofessionals, and noncertified administrative and clerical personnel. It is specifically provided, however, that the term 'public school employee' shall not include any emergency or temporary employee or any other employee who works in a position otherwise covered by such term less than 60 percent of the time required to carry out the duties of such position. 'Public school employee' also means any person, other than an employee in a professionally certificated capacity or position, employed not less than half time and compensated in a charter school in this state established pursuant to Article 31 of Chapter 2 of Title 20, if the charter school elects to participate in the health insurance plan established pursuant to this subpart. Notwithstanding this definition or any other provision of this subpart, the board may, by regulation, make available to employees who work 17 1/2 hours or more per week such benefits as are required to be made available to such employees by regulations of the United States Internal Revenue Service or any other federal authority."
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.

TUESDAY, MARCH 20, 2007

1359

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

Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague
Benfield Y Benton
Black Y Bridges Y Brooks Y Bruce E Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B E Casas Y Chambers
Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A E Holmes

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

Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver
O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts N Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

The following Resolutions of the House were read and adopted:

HR 610. By Representative Burns of the 157th:
A RESOLUTION commending Neil Wilkins Ratchford; and for other purposes.

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HR 611. By Representative Burns of the 157th:
A RESOLUTION commending Lawton McDonald Nease, Jr.; and for other purposes.
HR 612. By Representatives Rogers of the 26th, Collins of the 27th, Mills of the 25th and Benton of the 31st:
A RESOLUTION recognizing and commending Reverend Eugene Green on the occasion of his retirement as pastor of St. John Baptist Church; and for other purposes.
HR 613. By Representatives Rogers of the 26th, Collins of the 27th, Mills of the 25th and Benton of the 31st:
A RESOLUTION expressing regret at the passing of Robert Thomas "Tommy" Jarrad; and for other purposes.
HR 614. By Representatives Brooks of the 63rd, Abdul-Salaam of the 74th, Thomas of the 55th, Williams of the 165th, Holmes of the 61st and others:
A RESOLUTION expressing regret at the untimely passing of Pamela Aquica Orange; and for other purposes.
HR 615. By Representatives Kaiser of the 59th, Sellier of the 136th, Pruett of the 144th, Holmes of the 61st, Brooks of the 63rd and others:
A RESOLUTION honoring and remembering the life of Kevin Gemario Dukes; and for other purposes.
HR 616. By Representatives Williams of the 89th, Stephenson of the 92nd, Mangham of the 94th, Mosby of the 90th and Sailor of the 93rd:
A RESOLUTION honoring Reverend Michael Benton on the occasion of his 30th pastoral anniversary; and for other purposes.
HR 617. By Representatives Day of the 163rd, Horne of the 71st, Talton of the 145th, Gardner of the 57th, Black of the 174th and others:
A RESOLUTION recognizing and commending Dr. Robert R. Friedmann of Georgia State University for his invaluable service; and for other purposes.

TUESDAY, MARCH 20, 2007

1361

The following Resolution of the House was read and referred to the Committee on Rules:
HR 618. By Representatives Martin of the 47th, Jones of the 46th and Burkhalter of the 50th:
A RESOLUTION commending the Milton High School Girls Lacrosse Team on winning the 2006 state championship and inviting them to appear before the House of Representatives.
Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, A.M., Tuesday, March 27, 2007, 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, March 17, 2007.

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Representative Hall, Atlanta, Georgia

Tuesday, March 27, 2007

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:

Abrams Amerson Ashe Barnard Bearden E Beasley-Teague Benton Black Bridges Brooks Bruce E Bryant Buckner Burkhalter Burns Butler Byrd Carter, A Carter, B Casas Chambers Cheokas Coleman Collins Cooper Cox Crawford, M Crawford, R

Davis, H Davis, S Dempsey Dickson Drenner Ehrhart England Everson Fleming Floyd, J Forster Franklin Frazier Freeman Gardner Geisinger Glanton E Golick Gordon Graves Greene Hamilton Hanner Harbin Hatfield Heard, J Heard, K Hembree

E Henson Hill, C
E Holmes Houston Howard Hugley Jackson Jacobs James Jamieson Jenkins Jerguson Johnson, C
E Johnson, T Jones, S Kaiser Keown Knight Knox Lakly Lane, B Lane, R Levitas Lewis Lindsey Lord Lunsford Mangham

Manning Martin Maxwell May McKillip Meadows Mills Morris Mumford Murphy Neal Nix Oliver O'Neal Parham Parsons Peake Porter Pruett Ralston Reece Reese E Rice Roberts Rogers Royal Scott, A Scott, M

Sellier Setzler Shaw Shipp Sims, B Sims, F Smith, B Smith, L Smith, R Smith, T Smith, V Smyre Starr Talton Teilhet Thomas, B Tumlin Walker Watson Wilkinson Willard Williams, A Williams, E Williams, M Williams, R E Yates Richardson, Speaker

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

Representatives Benfield of the 85th, Channell of the 116th, Day of the 163rd, Dollar of the 45th, Epps of the 128th, Floyd of the 99th, Fludd of the 66th, Hill of the 180th, Holt of the 112th, Horne of the 71st, Hudson of the 124th, Jones of the 46th, Jordan of the 77th, Lucas of the 139th, Maddox of the 172nd, Marin of the 96th, McCall of the 30th, Millar of the 79th, Mitchell of the 88th, Morgan of the 39th, Parrish of the 156th, Powell of the 29th, Randall of the 138th, Rynders of the 152nd, Sailor of the 93rd, Sheldon of the 105th, Sinkfield of the 60th, Stanley-Turner of the 53rd, Stephens of the 164th, Thomas of the 55th, and Wix of the 33rd.

TUESDAY, MARCH 27, 2007

1363

They wish to be recorded as present.
Prayer was offered by Pastor Daniel Edwards, Greater New Hope Christian Assembly, Ellenwood, Georgia.
The members pledged allegiance to the flag.
Representative Lakly of the 72nd, 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 726. By Representative Horne of the 71st:
A BILL to be entitled an Act to amend Part 2 of Article 13 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to motorcycles, so as to exempt certain persons from the provisions requiring operators or riders to use protective headgear; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.

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HB 727. By Representative Jenkins of the 8th:
A BILL to be entitled an Act to provide for a homestead exemption from Towns 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 allow such exemption to continue to be received by an unremarried surviving spouse or the child, children, grandchild, or grandchildren of the deceased spouse; 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 Intragovernmental Coordination - Local.
HB 728. By Representatives Burns of the 157th and Carter of the 159th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners for the County of Effingham, approved July 26, 1921 (Ga. L. 1921, p. 466), as amended, so as to provide that the governing authority of Effingham County shall consist of six commissioners; to provide for the qualifications, elections, terms of office, and service of the members of the board; to provide for the filling of vacancies; to provide for the election and service of a chairperson of the board; to provide for a vice chairperson of the board; to provide for the submission of this Act to the United States Department of Justice for approval; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 729. By Representatives Forster of the 3rd, Cooper of the 41st, Jackson of the 161st, Stephens of the 164th, Yates of the 73rd and others:
A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to inter vivos gifts, so as to change the minimum age for the donation of blood from 17 to 16 years of age; 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 730. By Representative Powell of the 29th:

TUESDAY, MARCH 27, 2007

1365

A BILL to be entitled an Act to amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement under the Employees Retirement System of Georgia, so as to provide for creditable service for prior service as a full-time hourly employee with the Department of Natural Resources; to provide for application and payment of employee's contribution and interest; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 731. By Representative Powell of the 29th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Carnesville, approved April 13, 2001 (Ga. L. 2001, p. 3834), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3606), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 732. By Representative Stephens of the 164th:
A BILL to be entitled an Act to amend Code Section 47-17-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Peace Officers Annuity and Benefit Fund, so as to provide that certain persons employed by the Composite State Board of Medical Examiners shall be eligible for membership in such fund; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 733. By Representatives Willard of the 49th, Bruce of the 64th, Fludd of the 66th, Geisinger of the 48th, Rice of the 51st and others:
A BILL to be entitled an Act to amend an Act providing for the number of members and for the election of members of the Board of Education of Fulton County, approved February 10, 1984 (Ga. L. 1984, p. 3591), as amended, so as to provide for salaries for the members of such board; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 734. By Representatives Willard of the 49th, Wilkinson of the 52nd, StanleyTurner of the 53rd, Kaiser of the 59th, Lindsey of the 54th and others:
A BILL to be entitled an Act to amend an Act creating one or more community improvement districts in unincorporated Fulton County and within each municipality therein, approved April 3, 1987 (Ga. L. 1987, p. 5460), as amended by an Act approved April 2, 1998 (Ga. L. 1998, p. 4065), and amended by an Act approved April 28, 2001 (Ga. L. 2001, p. 4556), so as to redefine a certain term; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 735. By Representative Parham of the 141st:
A BILL to be entitled an Act to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to provide for a postretirement benefit increase for certain retired members; to provide for a recalculation of creditable service; to provide for an allocation of benefit increases; to provide that active members of such retirement system may obtain creditable service for prior service in public schools; to provide for conditions; to provide for the payment of employer and employee contributions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 736. By Representative Smith of the 113th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Winterville (formerly Town of Winterville), approved March 4, 1955 (Ga. L. 1955, p. 2794), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3753) and an Act approved January 13, 1983 (Ga. L. 1983, p. 3707), so as to change provisions relating to vacancies; to provide for changes to boards, commissions, and authorities; to provide for changes to the chief judge and associate judge of the municipal court; to provide for the convening of municipal court; to provide for certiorari; to provide for rules 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 Intragovernmental Coordination - Local.

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HB 737. By Representative Epps of the 128th:
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 738. By Representatives Cole of the 125th and Freeman of the 140th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), as amended, particularly by an Act approved March 27, 1998 (Ga. L. 1998, p. 3912), so as to change the provisions relating to compensation and travel expenses of the members of the board of commissioners; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 739. By Representatives Beasley-Teague of the 65th, Sinkfield of the 60th, Shipp of the 58th, Mitchell of the 88th and Brooks of the 63rd:
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 health and morals, so as to provide a minimum age to purchase certain medicines; to provide for methods to communicate the minimum age requirement; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 740. By Representatives Floyd of the 99th and Marin of the 96th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 2003), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4258), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for two additional districts; to provide for definitions and inclusions; to provide for continuation in office of the current chairperson and members; to provide for election and terms of office of subsequent members; to change quorum provisions; to provide for the submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related

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matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 741. By Representatives Floyd of the 99th and Marin of the 96th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 2003), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4258), so as to reconstitute the board of commissioners; to provide for two additional districts; to provide for definitions and inclusions; to provide for continuation in office of the current chairperson and members; to provide for election and terms of office of subsequent members; to change quorum provisions; to provide for the submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 742. By Representatives Mitchell of the 88th, Henson of the 87th, Sailor of the 93rd, Mosby of the 90th, Mangham of the 94th and others:
A BILL to be entitled an Act to create the DeKalb County 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 fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 743. By Representative Hatfield of the 177th:

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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), and by an Act approved May 5, 2006 (Ga. L. 2006, p. 4216), so as to revise the manner of selection of the members of the authority; to provide that persons voting shall use their account numbers instead of social security numbers; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 744. By Representative Hatfield of the 177th:
A BILL to be entitled an Act to create a board of elections and registration for Charlton 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 Intragovernmental Coordination - Local.
HB 745. By Representatives Lunsford of the 110th, Rogers of the 26th and Houston of the 170th:
A BILL to be entitled an Act to amend Part 1A of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to the telephone system for the physically impaired, so as to permit certain funds collected through the existing monthly maintenance surcharge for the provision of a telephone system for the physically impaired to also be used to provide trauma care to the citizens of this state; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.

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HB 746. By Representatives Lunsford of the 110th, Rogers of the 26th, Harbin of the 118th, Smith of the 129th and Houston of the 170th:
A BILL to be entitled an Act to amend Article 5 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to natural gas competition and deregulation, so as to permit a certain portion of excess amounts in the universal service fund to be used for purposes related to gas delivery; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
HB 747. By Representatives Cox of the 102nd, Morris of the 155th, Everson of the 106th, Carter of the 159th, Lane of the 167th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the lottery for education, so as to provide for certain requirements regarding proof of identification prior to awarding certain lottery prizes; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 748. By Representatives Reese of the 98th, Coleman of the 97th, Coan of the 101st and Sheldon of the 105th:
A BILL to be entitled an Act to authorize the City of Suwanee 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 Intragovernmental Coordination - Local.
HB 749. By Representative Reese of the 98th:
A BILL to be entitled an Act to authorize the City of Sugar Hill 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.

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Referred to the Committee on Intragovernmental Coordination - Local.
HB 750. By Representative Cheokas of the 134th:
A BILL to be entitled an Act to provide that future elections for the office of judge of the probate court of Sumter County shall be nonpartisan elections; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination.
HB 751. By Representatives Abdul-Salaam of the 74th, Ralston of the 7th, Jordan of the 77th, Talton of the 145th, Hudson of the 124th 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 grand jury and increases, so as to increase the minimum and maximum allowable per diem compensation for bailiffs; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 752. By Representative Knox of the 24th:
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 assessments under certain circumstances; to provide for complaint procedures; 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.

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HB 753. By Representative Carter of the 159th:
A BILL to be entitled an Act to amend an Act creating a charter for the City of Bloomingdale, Georgia, approved March 25, 1974 (Ga. L. 1974, p. 3439), as amended, so as to change certain provisions relating to the city entering into franchise contracts; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 754. By Representative Carter of the 159th:
A BILL to be entitled an Act to provide for an advisory referendum election to be held in the City of Port Wentworth for the purpose of determining whether the members of the city council should be elected by district; to provide for a declaration of public purpose; to provide for the submission of this Act to the United States Department of Justice for preclearance; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 755. By Representatives Heckstall of the 62nd and Holmes of the 61st:
A BILL to be entitled an Act to provide a new charter for the City of East Point; to provide for reincorporation, 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 provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 756. By Representative Smith of the 168th:
A BILL to be entitled an Act to amend an Act entitled "An Act providing for the election of the board of education of Bacon County, approved February 20, 1976 (Ga. L. 1976, p. 2713), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4823), so as to change the description of the

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education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 757. 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 provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of its members; to provide for the qualification, terms, and removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and 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 officers 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 for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 758. 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 change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to revise vacancy provisions; to revise vice chairperson provisions; to revise recall provisions; to revise quorum provisions; to revise extra sessions or special meetings provisions; to revise provisions relating to the clerk and assistant clerk; to provide for returns to the governing authority; to repeal certain tax requirements; to change provisions relating to the budget; to repeal certain provisions relating to quarterly publishing of the balance sheet and operating statement; to provide for annual update of all county property; to clarify the purchasing policy; to revise public improvement provisions to reference general law; to provide for submission and an effective date; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Intragovernmental Coordination - Local.
HR 596. By Representatives Day of the 163rd, Willard of the 49th, Ralston of the 7th and Neal of the 1st:
A RESOLUTION creating the House Study Committee on the Need for Improving Available Remedies for Defending Against Frivolous and Malicious Litigation; and for other purposes.
Referred to the Committee on Judiciary.
HR 597. By Representative Stephens of the 164th:
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 605. By Representatives Teilhet of the 40th, Wix of the 33rd, Powell of the 29th, Porter of the 143rd, Jamieson of the 28th and others:
A RESOLUTION proposing an amendment to the Constitution so as to prohibit state government from imposing unfunded mandates on local government unless approved by a two-thirds majority of each branch of the General Assembly; 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 Governmental Affairs.
HR 609. By Representatives Lunsford of the 110th, Lewis of the 15th, Martin of the 47th, Cox of the 102nd, Smith of the 113th and others:
A RESOLUTION creating the House Study Committee on Prepaid Telecommunications Homeland Security Interests; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

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HB 688 HB 689 HB 690 HB 691 HB 692 HB 693 HB 694 HB 695 HB 696 HB 697 HB 698 HB 699 HB 700 HB 701 HB 702 HB 703 HB 704 HB 705 HB 706 HB 707 HB 708 HB 709 HB 710 HB 711 HB 712 HB 713 HB 714 HB 715 HB 716 HB 717 HB 718

HB 719 HB 720 HB 721 HB 722 HB 723 HB 724 HB 725 HR 531 HR 534 HR 536 HR 592 SB 42 SB 77 SB 106 SB 130 SB 152 SB 161 SB 162 SB 165 SB 168 SB 170 SB 175 SB 202 SB 222 SB 227 SB 242 SB 244 SB 247 SB 248 SB 261 SB 269

Representative Cooper of the 41st District, Chairman of the Special Committee on Certificate of Need, submitted the following report:

Mr. Speaker:

Your Special Committee on Certificate of Need 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 568 Do Pass, by Substitute

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Respectfully submitted, /s/ Cooper of the 41st
Chairman

Representative Scott of the 153rd District, Chairman of the Committee on Governmental Affairs, submitted the following report:

Mr. Speaker:

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

HB 2 HR 511 HR 512

Do Pass, by Substitute Do Pass Do Pass

Respectfully submitted, /s/ Scott of the 153rd
Chairman

Representative Rynders of the 152nd District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

Your Committee on Intragovernmental Coordination - 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 530 HB 553 HB 554 HB 588 HB 635 HB 664 HB 666 HB 675

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

HB 677 HB 679 HB 680 HB 681 HB 682 HB 683 HB 684 HB 685

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

Respectfully submitted, /s/ Rynders of the 152nd
Chairman

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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 346 HR 510 HR 525

Do Pass Do Pass Do Pass

HR 533 Do Pass HR 618 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 541 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 TUESDAY, MARCH 27, 2007

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 156 HB 383 HB 471

Human Resources, Department of; child support collections fees; authorize (Substitute)(Judy-Willard-49th) Georgia Condominium Act; define terms; provisions (Substitute)(JudyMills-25th) Local government; privately constructed water systems; requiring ownership transfer; prohibit (Substitute)(GAff-Stephens-164th)

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HB 626
HR 121
HR 273 HR 322

Physicians; retired; continuing education hours; provisions (Substitute)(H&HS-Graves-12th) Rosa Parks and others; portraits in the state capitol; authorize (Substitute)(SRules-Brooks-63rd) Congress; urge to end violence in Sudan (IntC-Brooks-63rd) Joint Study Committee on Continuing Education and Collegiate Sports Programs for Students with Disabilities; create (HEd-Harbin-118th)

Modified Open Rule

HB 118 HB 430

Brunswick and Cobb Judicial Circuits; additional superior courts judge; provide (Substitute)(Judy-Ehrhart-36th) Property; railroads; provisions (Substitute)(Judy-Ralston-7th)

Modified Structured Rule

HB 152 HB 197 HB 340 HB 369

HOPE scholarships; home study course; provisions (Substitute)(HEdLunsford-110th) Imprisonment sentence reviews; more than 12 years; three-judge panel; repeal (Substitute)(JudyNC-Fleming-117th) PeachCare; threshold income amount for eligibility; revise (Substitute)(H&HS-Richardson-19th) Domestic relations; child custody proceedings; provisions (Substitute)(Judy-Rice-51st)

Structured Rule

HB 169 HB 242 HB 282 HB 380 HB 441

Sales and use tax; certain prepared food and beverage donations; provide exemption (Substitute)(W&M-Martin-47th) Insurance; certain high deductible health plans; provide exemption (W&MKnox-24th) Sales & use tax; repair of certain aircrafts; sale of parts; provide exemption (Substitute)(W&M-Stephens-164th) Tax collectors and commissioners; bill or notice mailing; change certain provisions (W&M-Hill-21st) Income tax; federal obligations; taxable income; revise provisions (Substitute)(W&M-Floyd-147th)

Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Ehrhart of the 36th
Chairman

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By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 530. By Representatives Burkhalter of the 50th, Jones of the 46th, Rice of the 51st, Martin of the 47th, Willard of the 49th and others:
A BILL to be entitled an Act to amend an Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta in the County of Fulton and creating a new charter for said municipal corporation, approved April 9, 1981 (Ga. L. 1981, p. 4609), as amended, so as to remove certain property from 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 553. By Representatives Murphy of the 120th, Frazier of the 123rd and Howard of the 121st:
A BILL to be entitled an Act to amend an Act providing for the consolidation of Richmond County and the City of Augusta, approved March 27, 1995 (Ga. L. 1995, p. 3648), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3769), so as to provide for the election and terms of the members of the Augusta-Richmond County Commission; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend an Act providing for the consolidation of Richmond County and the City of Augusta, approved March 27, 1995 (Ga. L. 1995, p. 3648), as amended, so as to provide for eligibility for office, election, and terms of members of the Augusta-Richmond County Commission; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for the consolidation of Richmond County and the City of Augusta, approved March 27, 1995 (Ga. L. 1995, p. 3648), as amended, is amended by revising the last undesignated paragraph in subsection (c) of Section 2 as follows:
"No person who has served more than three-fourths of a second consecutive full term of office as commissioner shall again be eligible to hold office as commissioner until after

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the expiration of four years from the conclusion of the last full term of office to which such person was elected as commissioner."
SECTION 2. Said Act is further amended by revising subsections (a) and (b) of Section 3 as follows:
"(a) Those members of the commission who were serving as such on January 1, 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.
(b)(1) Those members of the commission who are elected to serve Commission Districts 2, 4, 6, 8, and 10 shall be elected at the election held on the Tuesday next following the first Monday in November, 2007, shall take office on January 1, 2008, and shall serve until December 31, 2010, and until their respective successors are elected and qualified. Thereafter, their successors shall be nominated and elected by majority vote as provided in this section at the general election held in the evennumbered year immediately preceding the expiration of their respective terms of office, shall take office on the first day of January immediately following the date of their election, and shall have terms of office of four years and until their respective successors are elected and qualified. Each member of the commission shall be elected by the electors residing within such member's commission district. The initial threeyear terms of office provided for in this paragraph shall be considered full terms of office for purposes of term limitations. (2) Those members of the commission who are elected to serve Commission Districts 1, 3, 5, 7, and 9 shall be elected at the election held on the Tuesday next following the first Monday in November, 2009, shall take office on January 1, 2010, and shall serve until December 31, 2012, and until their respective successors are elected and qualified. Thereafter, their successors shall be nominated and elected by majority vote as provided in this section at the general election held in the even-numbered year immediately preceding the expiration of their respective terms of office, shall take office on the first day of January immediately following the date of their election, and shall have terms of office of four years and until their respective successors are elected and qualified. Each member of the commission shall be elected by the electors residing within such member's commission district. The initial three-year terms of office provided for in this paragraph shall be considered full terms of office for purposes of term limitations. (3) The mayor pro tempore shall be a member of the commission."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

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HB 554. By Representatives Murphy of the 120th, Frazier of the 123rd and Howard of the 121st:
A BILL To be entitled an Act to amend an Act creating the Civil Court of Richmond County, approved August 28, 1931 (Ga. L. 1931, p. 270), as amended, particularly by an Act approved February 10, 1999 (Ga. L. 1999, p. 3508), so as to provide for the election and terms of the marshal of the Civil Court of Richmond 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 588. By Representatives Benton of the 31st and Jamieson of the 28th:
A BILL to be entitled an Act to provide a new charter for the City of Maysville; 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 prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for submission to the United States Department of Justice; to provide for severability; to repeal a specific Act; 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
Revising, consolidating, and amending the several Acts incorporating the Town of Maysville, approved August 17, 1909 (Ga. L. 1909, p. 1110), as amended, so as to extensively revise said charter; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for 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 tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and

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responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for submission to the United States Department of Justice; to provide for severability; to repeal a specific Act; 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:
ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Name.
This city and the inhabitants thereof are reincorporated by the enactment of this charter and are hereby constituted and declared a body politic and corporate under the name and style Maysville, Georgia, and by that name shall have perpetual succession.
SECTION 1.11. Corporate boundaries.
(a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the city hall and to be designated, as the case may be: "Official Map (or Description) of the corporate limits of the City of Maysville, Georgia." Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.
SECTION 1.12. Powers and construction.

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(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. 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 under this charter; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of 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; (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 such other 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 governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are now 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 state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion

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and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (9) 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; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business in the city benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof;

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(20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and to provide for the withdrawal of service for refusal or failure to pay the same; (21) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a firefighting agency; (25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are now or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (29) Public utilities and services. To grant franchises or make contracts for or impose taxes on public utilities and public service companies and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Georgia Public Service Commission; (30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of

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streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to 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; (33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system 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; (34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use 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 taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs 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;

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(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; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated 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
SECTION 2.10. City council creation; number; election.
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 four councilmembers. The city council established in this charter shall in all respects be a successor to and continuation of the city governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by general law and this charter.
SECTION 2.11. City councilmembers; terms and qualifications for office.
(a) The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. The term of office of each member of the city council shall begin on the first day of January immediately following the election of such member unless general law authorizes or requires the term to begin at the first organizational meeting in January or upon some other date. No person shall be eligible to

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serve as mayor or councilmember unless that person shall have been a resident of the city for 12 months prior to the date of the election of mayor or members of the city council; each shall continue to reside therein during that person's period of service and to be registered and qualified to vote in municipal elections of this city. (b) The mayor and councilmembers shall be elected by plurality vote as provided in Section 5.13 of this charter.
SECTION 2.12. Vacancy; filling of vacancies.
(a) Vacancies--The office of mayor or councilmember shall become vacant upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Filling of vacancies--A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment if less than 12 months remain in the unexpired term, otherwise by an election as provided for in Section 5.14 of this charter and in accordance with Titles 21 and 45 of the O.C.G.A. or such other laws as are or may hereafter be enacted.
SECTION 2.13. Compensation and expenses.
The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance.
SECTION 2.14. Conflicts of interest; holding other offices.
(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Conflict of interest--No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of that person's official duties or which would tend to impair the independence of the person's judgment or action in the performance of those official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of that person's official duties or would tend to impair the independence of that person's judgment or action in the performance of those official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property, government, or affairs of the governmental body by which the person is

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engaged without proper legal authorization or use such information to advance the financial or other private interest of the person or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to the person's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which the person 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 that person has a financial interest. (c) Disclosure--Any elected official, appointed officer, or employee who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such interest to the city council. The mayor or any councilmember who has a financial interest in any matter pending before the city council shall disclose such interest and such disclosure shall be entered on the records of the city council, and that person shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such interest to the governing body of such agency or entity. (d) Use of public property--No elected official, appointed officer, or employee of the city or 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. (e) Contracts voidable and rescindable--Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the city council. (f) Ineligibility of elected official--Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that official was elected. No former mayor and no former councilmember shall hold any compensated appointive office in the city until one year after the expiration of the term for which that official was elected. (g) Political activities of certain officers and employees--No appointed officer of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon election to any public office in this city or any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such determination shall be made by the mayor and city council either immediately upon election or at any time such conflict may arise.

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(h) Penalties for violation-- (1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited that person's office or position. (2) Any officer or employee of the city who shall forfeit an office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.
SECTION 2.15. Inquiries and investigations.
Following the adoption of an authorizing resolution, 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 city council shall be punished as provided by ordinance.
SECTION 2.16. General power and authority of the city council.
Except as otherwise provided by law or this charter, the city council shall be vested with all the powers of government of this city.
SECTION 2.17. Organizational meetings.
The city council shall hold an organizational meeting on the first Monday of each January following each election. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows:
"I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and the United States of America."
SECTION 2.18. Regular and special meetings.
(a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance.

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(b) Special meetings of the city council may be held on call of the mayor. Notice of such special meeting shall be served on all councilmembers 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 made as fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.
SECTION 2.19. Rules of procedure.
(a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record. (b) All committees and committee chairpersons and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.
SECTION 2.20. Quorum; voting.
Three councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion. An abstention shall be counted as an affirmative vote. The mayor shall have the power to vote only to break a tie.
SECTION 2.21. Ordinance form; procedures.
(a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "It is hereby ordained by the governing authority of the City of Maysville..." and every ordinance shall so begin.

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(b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.23 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 2.22. Action requiring an ordinance.
Acts of the city council which have the force and effect of law shall be enacted by ordinance.
SECTION 2.23. Emergencies.
(a) To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor and two councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted.
SECTION 2.24. Codes of technical regulations.

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(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 2.21 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 2.25 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.
SECTION 2.25. Signing; authenticating; recording; codification; printing.
(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 city council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and 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 Maysville, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the 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 currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
SECTION 2.26. Mayor pro tempore.
The mayor shall appoint a councilmember to serve as mayor pro tempore. The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's physical or mental disability or absence. Any such disability or absence shall be declared by a majority vote of the city council. The mayor pro tempore shall sign all contracts and

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ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.14 of this charter.
SECTION 2.27. Powers and duties of mayor.
The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official 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, and other instruments executed by the city which by law are required to be in writing; (5) Vote on matters before the city council in the case of a tie and be counted toward a quorum as any other councilmember; (6) Prepare and submit to the city council a recommended annual operating budget and recommended capital budget; and (7) Fulfill such other executive and administrative duties as the city council shall by ordinance establish.
ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.10. Administrative and service departments.
(a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, alter, consolidate, or leave vacant all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. (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 mayor, be responsible for the administration and direction of the affairs and operations of that director's department or agency. (e) All appointed officers and directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. All

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appointed officers and directors shall be employees at will and subject to removal or suspension at any time by the mayor unless otherwise provided by law or ordinance.
SECTION 3.11. Boards, commissions, and authorities.
(a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council by ordinance may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed in this charter for 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 that person has executed and filed with the clerk of the city an oath obligating himself or herself to faithfully and impartially perform the duties of that member's office, such oath to be prescribed by ordinance and administered by the mayor. (g) All board members serve at will and may be removed at any time by a vote of three members of the city council unless otherwise provided by law. (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 own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.
SECTION 3.12. City attorney.
The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing for the

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representation and defense of 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 city council as directed; shall advise the city council 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 person's position as city attorney.
SECTION 3.13. City clerk.
The city council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal and city records; maintain city council records required by this charter; and perform such other duties as may be required by the city council.
SECTION 3.14. Position classification and pay plans.
The mayor shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed city officials are not city employees.
SECTION 3.15. Personnel policies.
All employees serve at will and may be removed from office at any time unless otherwise provided by ordinance.
ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Creation; name.
There shall be a court to be known as the Municipal Court of the City of Maysville.
SECTION 4.11. Chief judge; associate judge.
(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.

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(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, shall be a member of the State Bar of Georgia, and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges serve at will and may be removed from office at any time by the city council unless otherwise provided by ordinance. (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 that person's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.19 of this charter.
SECTION 4.12. Convening.
The municipal court shall be convened at regular intervals as provided by ordinance.
SECTION 4.13. Jurisdiction; 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 authority to punish those in its presence for contempt, provided that such punishment shall not exceed $1,000.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for ten days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing, as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations 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 for the appearance of persons charged with violations. Whenever any person shall give bail for that person's 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 the defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against

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it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court 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. (h) 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.
SECTION 4.14. 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 the county having jurisdiction under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 4.15. Rules for court.
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 municipal courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.
ARTICLE V ELECTIONS AND REMOVAL
SECTION 5.10. Applicability of general law.
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.
SECTION 5.11. Election of the city council and mayor.

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(a) The mayor and councilmembers serving on the effective date of this charter shall continue to serve until December 31, 2007, and until their successors are duly elected and qualified. (b) On the Tuesday next following the first Monday in November, 2007, the mayor and the councilmembers representing Posts 2 and 4 shall be elected to serve terms of four years and until their successors are duly elected and qualified. (c) On the Tuesday next following the first Monday in November, 2009, the councilmembers representing Posts 1 and 3 shall be elected to serve terms of two years and until their successors are duly elected and qualified. Thereafter, their successors shall be elected to serve terms of four years and until their successors are duly elected and qualified. (d) The mayor and councilmembers shall take office on the first day of January following their election and, except as otherwise provided in subsection (c) of this section, shall serve terms of four years and until their successors are duly elected and qualified.
SECTION 5.12. Nonpartisan elections.
Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations.
SECTION 5.13. Election by plurality.
The person receiving a plurality of the votes cast for any city office shall be elected.
SECTION 5.14. Special elections; vacancies.
In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.12 of this charter, 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 12 months of the expiration of the term of that office, the city council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
SECTION 5.15. Other provisions.

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Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations as it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 5.16. Removal of officers.
(a) The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1) Following a hearing at which an impartial panel shall render a decision. 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. The city council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the superior court of the county having jurisdiction. 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 the county having jurisdiction following a hearing on a complaint seeking such removal brought by any resident of the City of Maysville.
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 rate; due dates; payment methods.
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

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ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due.
SECTION 6.12. Occupation and business taxes.
The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The city council may classify businesses, occupations, or professions 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. Regulatory fees; permits.
The city council by ordinance shall have the power to require businesses or practitioners doing business within this city to obtain a permit for such activity from the city and pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall 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.
SECTION 6.14. Franchises.
(a) 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, electric membership corporations, cable television and other telecommunications 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, 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 city clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.
SECTION 6.15. Service charges.

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The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and 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. Special assessments.
The city council by ordinance shall have the power to assess and collect the cost 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. Construction; other taxes and fees.
This city shall be empowered to levy any other tax or fee 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 and fees.
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 permits for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions.
SECTION 6.19. General obligation bonds.
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.

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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. Short-term 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. Lease-purchase contracts.
The city may enter into multiyear lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies, provided the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of Code Section 36-60-13 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted.
SECTION 6.23. Fiscal year.
The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government.
SECTION 6.24. Preparation of budgets.
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 plan, and a capital budget, including requirements as to the scope, content, and form of such budgets and plans.
SECTION 6.25. Submission of operating budget to city council.

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On or before a date fixed by the city council but not later than 45 days prior to the beginning of each fiscal year, the mayor 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 mayor 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 other pertinent comments and information. The operating budget and the capital budget provided for in Section 6.29 of this charter, 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 6.26. Action by city council on budget.
(a) The city council may amend the operating budget proposed by the mayor, 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) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than December 31 of each year. If the city council fails to adopt the budget by this 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 6.24 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 allotment thereof to which it is chargeable.
SECTION 6.27. Tax levies.
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 expenses of the general government of this city.
SECTION 6.28. Changes in appropriations.

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The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus.
SECTION 6.29. Capital budget.
(a) On or before the date fixed by the city council, but not later than 45 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed plan and proposed budget. 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 budget, except to meet a public emergency as provided in Section 2.23 of this charter. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than December 31 of each year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.
SECTION 6.30. Independent 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 auditing principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of annual audit reports shall be available at printing costs to the public.
SECTION 6.31. Contracting procedures.
No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.20 of this charter.

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SECTION 6.32. Centralized purchasing.
The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city.
SECTION 6.33. Sale and lease of city property.
(a) The city council may sell and convey or lease any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report 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 sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.
The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.
SECTION 7.11. Prior ordinances.
All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council.

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SECTION 7.12. Existing personnel and officers.
Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect unless the existing city council shall pass a transition ordinance detailing the changes in personnel and appointed officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.
SECTION 7.13. Pending 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 7.14. Construction.
(a) Section captions in this charter are informative only and are not to 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 7.15. Severability.
If any article, section, subsection, paragraph, sentence, or part thereof of this charter is held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other.
SECTION 7.16. Specific repealer.
An Act entitled "An Act to revise, consolidate, and amend the several Acts incorporating the Town of Maysville," approved August 17, 1909 (Ga. L. 1909, p. 1110), and all amendatory Acts thereto, are repealed.

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SECTION 7.17. Submission for approval.
The governing authority of the City of Maysville shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 7.18. Referendum; effectiveness.
Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Maysville 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 Maysville for approval or rejection. The municipal election superintendent shall conduct that election on the Tuesday next following the first Monday in November, 2007, and shall issue the call and conduct that election as provided by general law. The municipal 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 Jackson County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which provides a new charter for the city of Maysville and which cuts short the terms of the mayor and
( ) NO councilmembers serving and provides for the election of a mayor and councilmembers?"
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, this Act shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, this Act shall not become effective and this Act shall be automatically repealed. The expense of such election shall be borne by the City of Maysville. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 7.19. Effective date.
Except as otherwise provided in Section 7.18 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 7.20. General repealer.

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All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 635. By Representatives Johnson of the 75th, Glanton of the 76th, Starr of the 78th, Abdul-Salaam of the 74th, Sinkfield of the 60th and others:
A BILL to be entitled an Act to authorize the City of Forest Park 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 664. By Representatives Oliver of the 83rd, Abrams of the 84th and Benfield of the 85th:
A BILL to be entitled an Act to authorize the City of Decatur 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 666. By Representatives Crawford of the 127th, Knight of the 126th, Sellier of the 136th and Cole of the 125th:
A BILL to be entitled an Act to create the Joint Board of Elections and Registration of Lamar County, which shall conduct primaries and elections for Lamar County, the City of Barnesville, and the City of Milner; 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

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public funds; to provide for certain personnel; 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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 675. By Representative Channell of the 116th:
A BILL to be entitled an Act to provide that certain officials of Greene County who have served at least 15 years in office may, upon leaving, continue to participate in the county health insurance program for themselves and their dependents by paying the total cost of such participation; to provide for related maters; to 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 677. By Representatives Bearden of the 68th, Butler of the 18th and Nix of the 69th:
A BILL to be entitled an Act to provide for an advisory referendum election to be held in Carroll County for the purpose of determining whether the county governing authority should employ a county manager to conduct the daily business of the county; to provide for the question of whether such a system, if adopted, should include a full-time or part-time chairperson of the county commission; to provide that if the electors approve the employment of a county manager, the county commission shall vote on a resolution requesting the Carroll County legislative delegation to implement the suggestions; to provide that, if such vote is unanimous, the county commission shall transmit a copy of such resolution to each member of the Carroll County legislative delegation; to provide for a declaration of public purpose; to provide for the submission of this Act to the United States Department of Justice 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 679. By Representatives Smith of the 70th and Horne of the 71st:
A BILL to be entitled an Act to amend an Act creating the Coweta County Water and Sewerage Authority, approved March 20, 2001 (Ga. L. 2001, p.

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3539), so as to change the terms of members 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 680. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Douglas, approved March 10, 1993 (Ga. L. 1993, p. 4022), as amended, so as to provide that all municipal elections for the city shall be conducted by the Coffee County Board of Elections and Registration; 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 681. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act to incorporate the City of Ambrose in Coffee County, approved March 4, 1955 (Ga. L. 1955, p. 2662), as amended, as so to provide that all municipal elections for the city shall be conducted by the Coffee County Board of Elections and Registration; 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 682. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act establishing a new charter for the City of Nicholls, approved August 16, 1920 (Ga. L. 1920, p. 1329), as amended, so as to provide that city elections shall be conducted pursuant to the Georgia Election Code; to provide that all municipal elections for the city shall be conducted by the Coffee County Board of Elections and Registration; 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.

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HB 683. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Broxton, Georgia, in the County of Coffee, approved April 6, 1981 (Ga. L. 1981, p. 3597), as amended, so as to provide that all municipal elections for the city shall be conducted by the Coffee County Board of Elections and Registration; to provide that all elections shall be conducted in accordance with the Georgia Election Code; 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 684. By Representatives Amerson of the 9th and Ralston of the 7th:
A BILL to be entitled an Act to amend an Act to provide for an elected Board of Education of Dawson County, approved March 23, 1977 (Ga. L. 1977, p. 3529), as amended, so as to provide that the members of such board of education shall be authorized to establish the compensation of the members of such board; to provide for public meetings; to provide for the reimbursement of expenses; to provide that the members of such board may participate in a school district insurance plan; to 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 685. By Representatives Frazier 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 May 5, 2006 (Ga. L. 2006, p. 4454), 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.
By unanimous consent, the following roll call vote was made applicable to the previously read Bills.

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

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce E Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson Y Dollar Y Drenner E Dukes Y Ehrhart Y England
Epps Y Everson Y Fleming
Floyd, H Y Floyd, J
Fludd Forster Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holmes

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

Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills
Mitchell Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese E Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the passage of the Bills, the ayes were 154, 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:

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SB 33. 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 authorize 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 rules and regulations; to provide for immunity; to repeal conflicting laws; and for other purposes.
SB 67. By Senators Wiles of the 37th, Williams of the 19th, Hill of the 4th, Harp of the 29th, Rogers of the 21st and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to the general provisions of superior courts, so as to specify costs not to be considered contingent expenses; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 80. By Senators Hill of the 32nd, Thompson of the 5th, Hudgens of the 47th, Heath of the 31st, Hill of the 4th 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 O.C.G.A., 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 111. By Senators Harp of the 29th, Cowsert of the 46th, Davenport of the 44th, Staton of the 18th, Chance of the 16th and others:
A BILL to be entitled an Act to amend Code Section 20-3-86 of the Official Code of Georgia Annotated, relating to nonlapsing revenue of institutions in university system, so as to provide that revenue collected from tuition shall not lapse; to provide an effective date; to repeal conflicting laws; and for other purposes.

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SB 123. By Senators Rogers of the 21st, Shafer of the 48th, Hawkins of the 49th, Hill of the 32nd, Schaefer of the 50th and others:
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 that twins or other multiples are placed in the same classroom if the parent or guardian requests; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 132. By Senators Tarver of the 22nd, Powell of the 23rd, Brown of the 26th and Williams of the 19th:
A BILL to be entitled an Act to amend Code Section 48-5-18 of the Official Code of Georgia Annotated, relating to the time for making tax returns, so as to provide that the General Assembly may, by local law, establish a time for making tax returns different from the time provided by general law; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 134. By Senators Smith of the 52nd, Meyer von Bremen of the 12th, Adelman of the 42nd, Harp of the 29th and Carter of the 13th:
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 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 139. By Senators Wiles of the 37th and Smith of the 52nd:
A BILL to be entitled an Act to amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense for indigents, so as to transfer the Georgia Public Defender Standards Council from the judicial branch of government to the executive branch; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 145. By Senators Smith of the 52nd, Johnson of the 1st, Williams of the 19th, Seabaugh of the 28th, Moody of the 56th and others:
A BILL to be entitled an Act to amend Code Section 16-5-1 and Chapter 10 of Title 17 of the O.C.G.A., relating to murder and felony murder and sentencing and punishment, respectively, so as to provide for the imposition of life without parole of persons convicted of murder independently of a death penalty prosecution; to repeal certain provisions relating to imprisonment for

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life without parole and finding statutory aggravating circumstance; to provide for certain information to be reported to the court under certain circumstances; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
SB 146. By Senators Seabaugh of the 28th, Shafer of the 48th, Stoner of the 6th, Pearson of the 51st, Williams of the 19th and others:
A BILL to be entitled an Act to amend Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to public works bidding, so as to provide definitions; to provide for the advertisement of contract opportunities; to provide for the specifications of such notices and advertisements; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 148. By Senators Shafer of the 48th, Staton of the 18th, Thomas of the 54th, Rogers of the 21st, Heath of the 31st 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 the creation of the Georgia Commission for Saving the Cure and the membership, appointment, terms of office, and duties of such commission; to provide for certain funding mechanisms; 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.
SB 153. By Senator Hill of the 32nd:
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 the development of consumer driven health insurance plans by the Commissioner of Insurance; to allow such plans to include wellness and health promotion programs; to provide that such programs shall not be considered unfair trade practices; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 154. By Senators Murphy of the 27th, Pearson of the 51st, Johnson of the 1st, Rogers of the 21st, Shafer of the 48th and others:
A BILL to be entitled an Act to amend Chapter 30 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable only to

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1417

municipal corporations, so as to provide that municipal corporations and newly incorporated municipalities enter into certain agreements with solid waste collection firms providing services for the territory annexed or incorporated; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 169. By Senators Hamrick of the 30th, Harp of the 29th, Meyer von Bremen of the 12th, Adelman of the 42nd, Grant of the 25th and others:
A BILL to be entitled an Act to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, so as to provide for direct loans to students for attendance at certain postsecondary institutions at the rate of 1 percent annually; to provide for definitions; to provide for the maximum amount of such loans; to provide for eligibility requirements; to provide for the random selection of recipients of such loans from eligible applicants; to provide for a fund for such loans that is separate from the general loan fund; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 174. By Senators Grant of the 25th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Chapter 2 of Title 45 of the Official Code of Georgia Annotated, relating to eligibility and qualifications for office, so as to provide for the development of medical and physical fitness standards for persons employed in positions in state government; to provide for the appointment of a medical review board; to provide for payment; to provide for rules and regulations; to provide for the expenditure of funds; to provide for applicability; to repeal conflicting laws; and for other purposes.
SB 176. By Senators Tolleson of the 20th, Hill of the 4th, Grant of the 25th, Bulloch of the 11th and Williams of the 19th:
A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the State Forestry Commission, so as to change certain provisions relating to reports to the General Assembly; to repeal conflicting laws; and for other purposes.
SB 177. By Senator Chance of the 16th:
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.

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SB 178. 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 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 provide that the use of the mails or other common carriers to sell, distribute, and deliver a prescription drug directly to a patient under certain circumstances shall not be considered grounds for sanctioning the license of a pharmacist; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 184. By Senator Rogers of the 21st:
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 new definitions; to modify the computation of deductible business expenses; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 185. By Senator Hill of the 4th:
A BILL to be entitled an Act to amend Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to registration, operation, and sale of watercraft, so as to provide that an applicant for a certificate of number for certain vessels purchased outside the State of Georgia must prove by documentation satisfactory to the commissioner of natural resources that the sales and use tax has been paid or is not due; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 193. By Senators Mullis of the 53rd, Jones of the 10th and Grant of the 25th:
A BILL to be entitled an Act to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding local government, so as to provide that, if a county governing authority provides group health, life, disability, and liability insurance, retirement or pension coverage, social security and employment security coverage, and other similar or related employment benefits for county employees, such benefits must be offered to the sheriff, judge of probate court, clerk of superior court, tax receiver, tax collector, and tax commissioner on the same terms and conditions as other county employees; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 194. By Senators Staton of the 18th, Williams of the 19th, Wiles of the 37th, Harp of the 29th, Carter of the 13th and others:

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A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide 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 that a person may cancel his or her absentee ballot under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 203. By Senators Harp of the 29th, Staton of the 18th, Mullis of the 53rd, Shafer of the 48th, Hamrick of the 30th and others:
A BILL to be entitled an Act to amend Article 14 of Chapter 1 of Title 10, Code Section 16-8-12, and Chapter 1 of Title 46 of the O.C.G.A., relating to secondary metals recyclers, penalties for certain theft crimes, and general provisions for public utilities and public transportation, respectively, so as to provide for increased penalties for certain crimes involving public utility property; to change certain provisions relating to inspection by law enforcement officers; to change provisions relating to actions to recover property; to change provisions relating to penalties for violating Article 14 of Chapter 1 of Title 10; to provide for forfeiture of certain property and procedure therefor; to provide for legislative findings and preemption; to provide for the Governor to appoint certain special officers for purposes of investigating certain thefts of public utility property; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 212. By Senators Balfour of the 9th, Williams of the 19th and Rogers of the 21st:
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 which are not required to be made available for public inspection and copying, so as to provide that disclosure to the news media shall not be required for social security numbers or the day and month of birth of public employees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 220. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to revise certain provisions relative to warehouses regulated by the Department of Agriculture; to amend Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to

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warehousemen, so as to change certain provisions relating to agricultural warehouse receipt requirements, obtaining printed forms, and use of electronic receipts; to repeal conflicting laws; and for other purposes.

The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:

SR 20. By Senators Rogers of the 21st, Seabaugh of the 28th, Pearson of the 51st, Wiles of the 37th, Hill of the 32nd and others:

A RESOLUTION proposing an amendment to the Constitution so as to provide for limitations on state government taxation and expenditures; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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

SB 33. 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 authorize 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 rules and regulations; to provide for immunity; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 67.

By Senators Wiles of the 37th, Williams of the 19th, Hill of the 4th, Harp of the 29th, Rogers of the 21st and others:

A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to the general provisions of superior courts, so as to specify costs not to be considered contingent expenses; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 80.

By Senators Hill of the 32nd, Thompson of the 5th, Hudgens of the 47th, Heath of the 31st, Hill of the 4th and others:

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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 O.C.G.A., 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 Retirement.
SB 111. By Senators Harp of the 29th, Cowsert of the 46th, Davenport of the 44th, Staton of the 18th, Chance of the 16th and others:
A BILL to be entitled an Act to amend Code Section 20-3-86 of the Official Code of Georgia Annotated, relating to nonlapsing revenue of institutions in university system, so as to provide that revenue collected from tuition shall not lapse; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
SB 123. By Senators Rogers of the 21st, Shafer of the 48th, Hawkins of the 49th, Hill of the 32nd, Schaefer of the 50th and others:
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 that twins or other multiples are placed in the same classroom if the parent or guardian requests; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
SB 132. By Senators Tarver of the 22nd, Powell of the 23rd, Brown of the 26th and Williams of the 19th:
A BILL to be entitled an Act to amend Code Section 48-5-18 of the Official Code of Georgia Annotated, relating to the time for making tax returns, so as to provide that the General Assembly may, by local law, establish a time for

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making tax returns different from the time provided by general law; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
SB 134. By Senators Smith of the 52nd, Meyer von Bremen of the 12th, Adelman of the 42nd, Harp of the 29th and Carter of the 13th:
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 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 Health & Human Services.
SB 139. By Senators Wiles of the 37th and Smith of the 52nd:
A BILL to be entitled an Act to amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense for indigents, so as to transfer the Georgia Public Defender Standards Council from the judicial branch of government to the executive branch; 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 145. By Senators Smith of the 52nd, Johnson of the 1st, Williams of the 19th, Seabaugh of the 28th, Moody of the 56th and others:
A BILL to be entitled an Act to amend Code Section 16-5-1 and Chapter 10 of Title 17 of the O.C.G.A., relating to murder and felony murder and sentencing and punishment, respectively, so as to provide for the imposition of life without parole of persons convicted of murder independently of a death penalty prosecution; to repeal certain provisions relating to imprisonment for life without parole and finding statutory aggravating circumstance; to provide for certain information to be reported to the court under certain circumstances; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.

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SB 146. By Senators Seabaugh of the 28th, Shafer of the 48th, Stoner of the 6th, Pearson of the 51st, Williams of the 19th and others:
A BILL to be entitled an Act to amend Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to public works bidding, so as to provide definitions; to provide for the advertisement of contract opportunities; to provide for the specifications of such notices and advertisements; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Institutions & Property.
SB 148. By Senators Shafer of the 48th, Staton of the 18th, Thomas of the 54th, Rogers of the 21st, Heath of the 31st 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 the creation of the Georgia Commission for Saving the Cure and the membership, appointment, terms of office, and duties of such commission; to provide for certain funding mechanisms; 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 Science and Technology.
SB 153. By Senator Hill of the 32nd:
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 the development of consumer driven health insurance plans by the Commissioner of Insurance; to allow such plans to include wellness and health promotion programs; to provide that such programs shall not be considered unfair trade practices; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.

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SB 154. By Senators Murphy of the 27th, Pearson of the 51st, Johnson of the 1st, Rogers of the 21st, Shafer of the 48th and others:
A BILL to be entitled an Act to amend Chapter 30 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable only to municipal corporations, so as to provide that municipal corporations and newly incorporated municipalities enter into certain agreements with solid waste collection firms providing services for the territory annexed or incorporated; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 169. By Senators Hamrick of the 30th, Harp of the 29th, Meyer von Bremen of the 12th, Adelman of the 42nd, Grant of the 25th and others:
A BILL to be entitled an Act to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, so as to provide for direct loans to students for attendance at certain postsecondary institutions at the rate of 1 percent annually; to provide for definitions; to provide for the maximum amount of such loans; to provide for eligibility requirements; to provide for the random selection of recipients of such loans from eligible applicants; to provide for a fund for such loans that is separate from the general loan fund; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
SB 174. By Senators Grant of the 25th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Chapter 2 of Title 45 of the Official Code of Georgia Annotated, relating to eligibility and qualifications for office, so as to provide for the development of medical and physical fitness standards for persons employed in positions in state government; to provide for the appointment of a medical review board; to provide for payment; to provide for rules and regulations; to provide for the expenditure of funds; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
SB 176. By Senators Tolleson of the 20th, Hill of the 4th, Grant of the 25th, Bulloch of the 11th and Williams of the 19th:

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A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the State Forestry Commission, so as to change certain provisions relating to reports to the General Assembly; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
SB 177. By Senator Chance of the 16th:
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.
SB 178. 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 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 provide that the use of the mails or other common carriers to sell, distribute, and deliver a prescription drug directly to a patient under certain circumstances shall not be considered grounds for sanctioning the license of a pharmacist; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
SB 184. By Senator Rogers of the 21st:
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 new definitions; to modify the computation of deductible business expenses; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
SB 185. By Senator Hill of the 4th:
A BILL to be entitled an Act to amend Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to registration, operation, and sale of

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watercraft, so as to provide that an applicant for a certificate of number for certain vessels purchased outside the State of Georgia must prove by documentation satisfactory to the commissioner of natural resources that the sales and use tax has been paid or is not due; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
SB 193. By Senators Mullis of the 53rd, Jones of the 10th and Grant of the 25th:
A BILL to be entitled an Act to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding local government, so as to provide that, if a county governing authority provides group health, life, disability, and liability insurance, retirement or pension coverage, social security and employment security coverage, and other similar or related employment benefits for county employees, such benefits must be offered to the sheriff, judge of probate court, clerk of superior court, tax receiver, tax collector, and tax commissioner on the same terms and conditions as other county employees; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
SB 194. By Senators Staton of the 18th, Williams of the 19th, Wiles of the 37th, Harp of the 29th, Carter of the 13th 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 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 that a person may cancel his or her absentee ballot under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
SB 203. By Senators Harp of the 29th, Staton of the 18th, Mullis of the 53rd, Shafer of the 48th, Hamrick of the 30th and others:

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1427

A BILL to be entitled an Act to amend Article 14 of Chapter 1 of Title 10, Code Section 16-8-12, and Chapter 1 of Title 46 of the O.C.G.A., relating to secondary metals recyclers, penalties for certain theft crimes, and general provisions for public utilities and public transportation, respectively, so as to provide for increased penalties for certain crimes involving public utility property; to change certain provisions relating to inspection by law enforcement officers; to change provisions relating to actions to recover property; to change provisions relating to penalties for violating Article 14 of Chapter 1 of Title 10; to provide for forfeiture of certain property and procedure therefor; to provide for legislative findings and preemption; to provide for the Governor to appoint certain special officers for purposes of investigating certain thefts of public utility property; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary Non-Civil.

SB 212. By Senators Balfour of the 9th, Williams of the 19th and Rogers of the 21st:

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 which are not required to be made available for public inspection and copying, so as to provide that disclosure to the news media shall not be required for social security numbers or the day and month of birth of public employees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 220. By Senator Bulloch of the 11th:

A BILL to be entitled an Act to revise certain provisions relative to warehouses regulated by the Department of Agriculture; to amend Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to warehousemen, so as to change certain provisions relating to agricultural warehouse receipt requirements, obtaining printed forms, and use of electronic receipts; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Agriculture & Consumer Affairs.

SR 20.

By Senators Rogers of the 21st, Seabaugh of the 28th, Pearson of the 51st, Wiles of the 37th, Hill of the 32nd and others:

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A RESOLUTION proposing an amendment to the Constitution so as to provide for limitations on state government taxation and expenditures; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Ways & Means.

Representative Harbin of the 118th asked unanimous consent to withdraw the notice of motion of reconsideration on the following Bill of the House:

HB 94. By Representatives Richardson of the 19th, Harbin of the 118th, Golick of the 34th, Burkhalter of the 50th, Keen of the 179th and others:

A BILL to amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2006, and ending June 30, 2007, known as the "General Appropriations Act;" and for other purposes.

The motion prevailed.

Representative Harbin of the 118th moved that HB 94 be immediately transmitted to the Senate with a note of "Urgent Attention Required."

The Speaker asked unanimous consent to suspend the rules in order that the Chair be allowed to vote.

The motion prevailed.

On the motion that HB 94 be immediately transmitted to the Senate with a note of "Urgent Attention Required," the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce E Bryant Y Buckner Y Burkhalter Y Burns

Y Dempsey Y Dickson Y Dollar Y Drenner E Dukes Y Ehrhart Y England
Epps Y Everson Y Fleming
Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S
Jordan

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills
Mitchell Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F
Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner

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Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H
Davis, S Y Day

Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holmes

Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford
Maddox Y Mangham Y Manning E Marin

Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese E Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the motion, the ayes were 162, nays 0.

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.

Representative Ehrhart of the 36th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 163. By Representatives Tumlin of the 38th, Williams of the 165th, Wix of the 33rd, Franklin of the 43rd, Ehrhart of the 36th and others:

A BILL to be entitled an Act to amend Title 7 of the O.C.G.A., relating to banking and finance, so as to provide for licensing of persons who provide deferred presentment services; to provide for a short title; to define certain terms; to provide for licenses, qualifications, and application therefor; to provide for fees; to provide for limitations; to provide for consumer notices; to provide for rules and regulations; to provide for penalties and hearings; to provide for complaint investigation; to provide for annual reports; to amend Title 16 of the O.C.G.A., relating to crimes and offenses, so as to repeal Chapter 17, "Payday Lending"; to provide for related matters; to provide for severability; to provide for preemption; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

N Abdul-Salaam N Abrams Y Amerson N Ashe Y Barnard Y Bearden E Beasley-Teague N Benfield Y Benton Y Black Y Bridges Y Brooks N Bruce E Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd N Carter, A Y Carter, B Y Casas Y Chambers Y Channell N Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox N Crawford, M N Crawford, R N Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson Y Dollar N Drenner E Dukes Y Ehrhart Y England
Epps Y Everson Y Fleming
Floyd, H N Floyd, J N Fludd Y Forster Y Franklin N Frazier Y Freeman N Gardner Y Geisinger N Glanton Y Golick N Gordon Y Graves N Greene Y Hamilton N Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A N Holmes

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

Y Martin Y Maxwell Y May Y McCall N McKillip N Meadows Y Millar Y Mills
Mitchell Morgan Y Morris N Mosby Y Mumford N Murphy Y Neal N Nix N Oliver N O'Neal Parham Y Parrish Y Parsons Y Peake N Porter N Powell Pruett Y Ralston N Randall N Reece Y Reese E Rice Y Roberts Y Rogers N Royal Y Rynders Y Sailor Y Scott, A

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

On the motion, the ayes were 99, nays 61.

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 Bill of the House, having previously been read, was again taken up for consideration:

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HB 163. By Representatives Tumlin of the 38th, Williams of the 165th, Wix of the 33rd, Franklin of the 43rd, Ehrhart of the 36th and others:
A BILL to be entitled an Act to amend Title 7 of the O.C.G.A., relating to banking and finance, so as to provide for licensing of persons who provide deferred presentment services; to provide for a short title; to define certain terms; to provide for licenses, qualifications, and application therefor; to provide for fees; to provide for limitations; to provide for consumer notices; to provide for rules and regulations; to provide for penalties and hearings; to provide for complaint investigation; to provide for annual reports; to amend Title 16 of the O.C.G.A., relating to crimes and offenses, so as to repeal Chapter 17, "Payday Lending"; to provide for related matters; to provide for severability; to provide for preemption; 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 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to provide for licensing of persons who provide deferred presentment services; to provide for a short title; to define certain terms; to provide for licenses, qualifications, and application therefor; to provide for fees; to provide for limitations; to provide for consumer notices; to provide for rules and regulations; to provide for penalties and hearings; to provide for complaint investigation; to provide for annual reports; to amend Chapter 17 of Title 16 of the Official Code of Georgia Annotated, relating to payday lending, so as to delete references to deferred presentments as payday loans; to prohibit unlicensed payday lenders from operating in this state; to provide for legislative findings; to provide for related matters; to provide for severability; to provide for preemption; 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 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended by adding at the end thereof a new Chapter 9 to read as follows:
"CHAPTER 9
7-9-1. This chapter shall be known and may be cited as the 'Deferred Presentment Services Act.'

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7-9-2. As used in this chapter, the term:
(1) 'Affiliated' means, when used with reference to a specified person, a person who, whether directly, indirectly, or through one or more intermediaries, controls, is controlled by, or is under common control with the person specified. Any beneficial owner of 10 percent or more of the combined voting power of all classes of voting securities of a person or any executive officer, director, trustee, joint venturer, or general partner of a person is an affiliate of such person unless the shareholder, executive officer, director, trustee, joint venturer, or general partner shall prove that he or she in fact does not control, is not controlled by, or is not under common control with such person. (2) 'Amount financed' has the same meaning ascribed to it in Regulation Z of the federal Truth-In-Lending Act, 12 C.F.R. 226.18(b), as amended. (3) 'Check' means a negotiable instrument, as such term is defined in Code Section 11-3-104, signed by the maker and made payable to a person licensed under this chapter. (4) 'Commissioner' means the commissioner of banking and finance or his or her designated representative. (5) 'Consumer' means a person other than an organization who is the buyer, lessee, or debtor to whom credit is granted in a consumer credit transaction. (6) 'Deferred presentment services' means a transaction whereby the deferred presentment services provider, for a fee, does the following:
(A) Accepts a check from the consumer; (B) Agrees to hold the check for a period of time prior to negotiation or deposit of the check; and (C) Pays to the person, credits to the person's account, or pays to another party on the person's behalf the amount of the check, less service fees, permitted under subsection (d) of Code Section 7-9-10. The term 'deferred presentment services' shall also include any such arrangement in which a licensee pays a cash advance to a consumer in return for an automated clearing-house authorization to debit a consumer's checking account on a subsequent date. (7) 'Deferred presentment services provider' means any person who is licensed to engage in the business of deferred presentment services under this chapter. (8) 'Department' means the Department of Banking and Finance. (9) 'Licensee' means a person licensed to provide deferred presentment services pursuant to this chapter. (10) 'Multiple transactions' means more than one deferred presentment services agreement in effect at any one time with any deferred presentments provider. (11) 'Person' means an individual, group of individuals, partnership, association, corporation, or any other business unit or legal entity.

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(12) 'Renewal' means an extension of a deferred presentment services agreement whereby the consumer and licensee agree to extend the due date of the original deferred presentment services agreement only for a service fee. (13) 'Service fee' means the fee or other form of compensation, however paid, authorized in Code Sections 7-9-10 and 7-9-11 for the deferral of the presentation of a check pursuant to this chapter. Such fee shall not be deemed to be interest for any purpose.
7-9-3. (a) No person shall engage in the business of deferred presentment services or in any service substantially similar to deferred presentment services without having first obtained a license from the department as provided in this chapter. (b) The department shall promulgate rules and regulations providing for application processing and deadlines. (c) A separate license shall be required for each person who engages in the business of deferred presentment services; and if that person desires to transact business at more than one location, each location must be approved by the department before such person commences operation. (d) A deferred presentment services transaction that complies with the provisions of this chapter shall not be construed to be a loan for the purpose of Chapter 3 or 4 of this Title. A deferred presentment services transaction shall not be subject to the provisions of Code Section 16-9-20, except as provided in subsection (d) of Code Section 7-9-10, or to the provisions of Chapter 17 of Title 16 relating to payday loans.
7-9-4. (a) Each application for a license shall be in writing and under oath to the commissioner in a form prescribed by the department and shall include, but shall not be limited to, the following:
(1) The legal name, residence address, and business address of the applicant and, if the applicant is a partnership, association, or corporation, the name, residence address, and business address of every member, officer, managing employee, and director thereof; (2) The name and street address of the registered agent for service of process of the applicant, the location at which the deferred presentment services shall be conducted, and such other data and information as the commissioner may require with respect to the applicant, its directors, trustees, officers, members, managing employees, or agents; (3) Any criminal record of the applicant, a manager, or an employee or, if the applicant is a partnership, association, or corporation, any criminal record of any person who is a director, officer, or shareholder of 10 percent or more of the outstanding stock of the applicant or who owns or controls the applicant; any record of fraud or other act of personal dishonesty; any act, omission, or practice that constitutes a breach of a fiduciary duty; or any record of suspension, removal, or

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administrative action by any agency or department of the United States or any state resulting from participation in the conduct of any business. The department shall be authorized to obtain conviction data, including without limitation information from the Georgia Crime Information Center derived from fingerprints, with respect to any such persons in the same manner as provided in Code Section 7-1-1004. Failure to disclose this information shall be grounds for summary denial or revocation of a license; (4) A corporate surety bond in a form acceptable to the department in favor of the commissioner executed by a corporate surety authorized to transact business in this state and approved by the department in the principal sum of $50,000.00 per location not to exceed a total of $250,000.00. Such bond shall be payable to the commissioner and shall be contingent upon compliance with this chapter and the payment by the licensee of any and all moneys that may become due and owing by the licensee to consumers or the department as a result of the receipt, handling, transmission, and payment of money arising out of the business of the licensee of cashing and retaining checks pursuant to the license issued to the licensee under this chapter. The department may apply to the surety for such sums owing and any person damaged by noncompliance of a licensee may proceed on the bond; (5) An annual licensing fee of $1,000.00 for each location which shall be refunded if the application is denied and which, if the license is granted, shall satisfy the fee requirement for the first license year. The license period shall begin July 1 of each year; (6) A copy of the written agreement that the applicant proposes to enter into with consumers and a copy of the proposed schedule of fees to be charged to the consumers, both of which are to be in conformity with this chapter; and (7) A one-time, nonrefundable investigation fee of $500.00 per location. (b) In order for an applicant to qualify for and retain a license, the applicant must satisfy the objective criteria set forth in this Code section, including the financial responsibility, financial condition, business experience, character, and general fitness requirements. (c) The department may refuse to issue a license, or may revoke an existing license, if it finds that the applicant, or any person who is a director, officer, partner, agent, employee, or ultimate equitable owner of 10 percent or more of the applicant, has been convicted of a felony involving moral turpitude in any jurisdiction or of a crime that, if committed within this state, would constitute a felony involving moral turpitude under the laws of this state. For the purposes of this chapter, a person shall be deemed to have been convicted of a crime if such person has pled guilty to a charge before a court or federal magistrate or has been found guilty of such a charge by the decision or judgment of a court or federal magistrate or by the verdict of a jury, irrespective of the pronouncement of sentence or the suspension thereof, unless such guilty plea or such decision, judgment, or verdict has been set aside, reversed, or otherwise abrogated by lawful judicial process, or unless the person convicted of the crime has received a pardon therefor from the President of the United States or the governor or other

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pardoning authority in the jurisdiction where the conviction was had or has received an official certification or pardon granted by the State Board of Pardons and Paroles that removes the legal disabilities resulting from such conviction and restores civil and political rights in this state. (d) The department may revoke, suspend, or decline to grant a license if a licensee, its employees, or its agents knowingly employ any person against whom a final cease and desist order has been issued because of a violation of this chapter or because of such person's own license having been suspended or revoked within the five years immediately preceding such persons first becoming so employed.
7-9-5. (a) Upon the filing of an application in a form prescribed by the commissioner and accompanied by the required fee and documents, the commissioner shall investigate whether the requirements prescribed by this chapter have been satisfied. If the commissioner finds that the requirements have been satisfied and approves the application, the commissioner shall issue to the applicant a license to engage in the deferred presentment services business in this state. (b) The license issued pursuant to subsection (a) of this Code section shall be conspicuously posted in each place of business of the licensee. (c) A license issued pursuant to this chapter shall remain in force and effect for a period of one year after its date of issuance unless earlier surrendered, suspended, or revoked. All licenses shall expire on June 30 following issuance. The commissioner shall not prorate the initial license fee for applications that will expire in fewer than 12 calendar months.
7-9-6. (a) An application for a license under this chapter shall be denied for the failure of the applicant to comply with the prescribed requirements of this chapter and such denial shall be subject to notice and a hearing. (b) In any hearing on the denial of a license, the burden of proving entitlement to a license shall be on the applicant. The commissioner may summarily deny without notice or hearing any incomplete or inadequate application or any application that includes any person who:
(1) Controls the applicant or is a director, officer, manager, member, or shareholder of 10 percent or more of the applicant's outstanding stock; and (2) Has had a conviction of a felony involving moral turpitude or has had a license for deferred presentment services suspended or revoked in any state within five years preceding the date of the application.
7-9-7. (a) A license issued pursuant to this chapter is not transferable or assignable. (b) As used in this Code section, the term 'control' means:

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(1) In the case of a corporation, direct or indirect ownership or the right to control 10 percent or more of the voting shares of the corporation or the ability of a person to elect a majority of the directors or otherwise effect a change in policy; and (2) In the case of any other entity, the ability to change the principals of the organization, whether active or passive. (c) The prior written approval of the commissioner is required for the continued operation of a deferred presentment services business whenever a change in control of a licensee is proposed. (d) The commissioner, on forms prescribed by the department, may require a licensee to provide information that the commissioner deems necessary in order to determine whether a new application is required when a change in control of a licensee is requested. Administrative costs incurred by the commissioner in investigating a change of control request, or where such a request is found to have been required, shall be paid by the person requesting such approval, subject to the limitations set forth in this chapter and the regulations promulgated under this chapter. (e) A licensee shall notify the department in writing, on forms prescribed by the department, five days before making any change in the licensee's business location or name.
7-9-8. Within 15 days following the occurrence of any one of the following events, a licensee shall file a written report with the commissioner describing such event and its expected impact on the activities of the licensee in this state, any one of which may be grounds for the revocation or suspension of a license:
(1) The institution of revocation or suspension proceedings against the licensee by any state or governmental authority; (2) The denial of the opportunity to engage in the business of deferred presentment services by any state or governmental authority; (3) Any arrest for a felony, charge of committing a felony, or felony indictment of the licensee or any of its directors, officers, managers, or principals; (4) Any felony conviction of the licensee or any of its directors, officers, or principals; provided, however, that conviction of a felony involving moral turpitude shall constitute grounds for immediate revocation of a license; or (5) Such other events as the commissioner may determine and identify by rule or regulation.
7-9-9. A license may be renewed for a period of one year upon the filing of an application conforming to the requirements of this chapter with such modifications as the department may require. No investigation fee shall be payable in connection with such renewal application, but an annual license fee of $1,000.00 for each licensed entity, plus an annual branch license fee of $1,000.00 for each location shall be paid with each renewal application. Such annual license fee shall not be refunded or prorated if the

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renewal application is approved. If the renewal is denied, one-half of the total fee shall be refunded, unless the applicant contests the denial and such denial is upheld after a hearing. Upon a denial becoming final, the applicant may not initiate new deferred presentment services transactions, but may continue collection efforts on all outstanding transactions. If a renewal application is filed with the department by the due date established by department regulation, the license sought to be renewed shall continue in force until the issuance by the department of the renewal license or denial.
7-9-10. (a) A person licensed pursuant to this chapter shall:
(1) Comply with all applicable provisions of state and federal law regarding cash transactions and cash transaction reporting; (2) Display its license in a conspicuous location in each place of business; (3) Display in a conspicuous location in each place of business the name and toll-free telephone number of a consumer credit counseling service organization; (4) Maintain and use in its business any books, accounts, and records the commissioner may require to carry into effect the provisions of this chapter and the administrative regulations issued under this chapter; (5) Post at any place of business where deferred presentment services are provided a notice of the charges imposed for such deferred presentment services; (6) Preserve its books, accounts, and records for at least five years or such longer period as provided by regulations. The books, accounts, and records must be maintained separately from those relating to any other business or businesses in which the person is engaged; (7) Provide the following notice in a prominent place on each deferred presentment services agreement in at least ten-point type:
'A deferred presentment services transaction is not intended to meet long-term financial needs. A deferred presentment services transaction should be used only to meet short-term cash needs.'; and (8) Provide the following notice in a prominent place on each deferred presentment services agreement in at least 12 point boldface type: 'State law prohibits deferred presentment services transactions exceeding $750 total debt or 25% of your monthly gross income from any single deferred presentment services provider. Exceeding this amount may create financial hardships for you and your family. You have the right to rescind this transaction on or before the close of the next business day following this transaction.' (b) Each deferred presentment services transaction shall be documented by a written agreement signed by both the licensee and consumer. The written agreement shall contain the name of the consumer, the transaction date, the amount of the check, the annual percentage rate charged, and a statement of the total amount of service fees charged, expressed both as a dollar amount and an annual percentage rate consistent with the format and content of the federal Truth-In-Lending Act. In addition, the written agreement shall include all disclosures required by this Code section. The

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written agreement shall set a date, not more than 31 days after the deferred presentment services transaction date, upon which the check may be deposited or negotiated. (c) The written agreement shall not contain any of the following provisions: a hold harmless clause; a confession of judgment clause; a mandatory arbitration clause that does not comply with the standards set forth in the statement of principles of the National Consumer Dispute Advisory Committee of the American Arbitration Association in effect on July 1, 2007; any provision in which the consumer agrees not to assert a claim or defense arising out of the contract; any assignment of or order for payment of wages or other compensation for services; or any waiver by the consumer of any provision of this chapter. Selling any insurance of any kind in connection with the making or collecting of a deferred deposit transaction is prohibited. The written agreement in a deferred presentment services transaction shall not be considered a promissory note for the purposes of this chapter. (d) A deferred presentment services transaction is completed when the licensee presents the check or debits the consumer's checking account for payment or the consumer redeems the check by paying the full amount of the check to the holder. The consumer shall not be charged any additional charge or fee for cashing the licensee's business check or money order. Upon completion of a deferred presentment services transaction, the consumer may not enter into a subsequent deferred presentment services transaction until the fifth business day following the completion of the previous deferred presentment services transaction. (e) A licensee may charge a service fee for each deferred presentment services transaction, which service fee may not exceed $15.00 per $100.00 or portion thereof borrowed. The licensee may charge only those fees or interest authorized in this chapter in connection with a deferred presentment services transaction. (f) A consumer shall have the right to rescind, at no cost, the deferred presentment services transaction on or before the close of the next business day following the transaction. In order to rescind a deferred presentment services transaction, a consumer need only inform the licensee of the consumer's desire to rescind and return to the licensee cash in an amount equal to the amount financed. (g) The maker of a check shall have the right to redeem the check from the licensee before the agreed date of presentment upon payment to the licensee of the full amount of the check in cash or its equivalent. (h) Proceeds to the maker in a deferred presentment services transaction may be made in the form of a licensee's business check, money order, debit, or cash. (i) A consumer shall be permitted to make partial payments in accordance with Code Section 7-9-12. (j) Before a licensee presents for payment or deposit a check accepted by a licensee, the check shall be endorsed with the actual name under which the licensee is doing business. (k) If a check is returned to the licensee from a payor financial institution due to a closed account or a stop payment order, the licensee shall have the right to all civil means and fees available and allowed by Code Section 13-6-15; provided, however,

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that double damages shall not be allowed. The provisions of paragraph (3) of subsection (e) of Code Section 13-6-15 shall not apply to this Code section. (l) If a check is returned to a licensee under the circumstances described in paragraph (1) of subsection (a) of Code Section 16-9-20, the individual who issued the check shall be subject to prosecution under Code Section 16-9-20. Except as expressly provided in this subsection, no individual who issues a check to a licensee under this chapter shall be convicted of or considered to have violated any other provision of Code Section 169-20.
7-9-11. A person licensed pursuant to this chapter shall not:
(1) Require a consumer to provide security for the transaction or require the consumer to provide guaranty from another person; (2) Allow any consumer to have multiple transactions from the same deferred presentment services provider; (3) Allow a transaction with an aggregate face value exceeding the lesser of $750.00 or 25 percent of the consumer's monthly gross income; (4) Use any device, plan, or agreement, including agreements with affiliated licensees, or use any agreements with any check cashers, either formal or informal, with the intent to obtain greater charges than otherwise would be authorized by this chapter. Such prohibition shall include, but not be limited to, any fee to cash a check given to a consumer by a licensee; (5) Charge any fees or interest not specifically authorized in this chapter; (6) Alter or delete the date on any check accepted by the licensee, accept an undated check, or accept a check dated on a date other than the date on which the licensee accepts the check; (7) Engage in unfair or deceptive acts, practices, or advertising or pursue a course of action not in good faith or fair dealing in the conduct of the licensed business; (8) Except as specifically authorized under this chapter, use or threaten to use the criminal process available under Code Section 16-9-20 to collect on a deferred presentment services transaction or any civil process to collect the payment of a deferred presentment services transaction not generally available to creditors to collect on consumer loans in default; (9) Allow a consumer to renew or roll over a deferred presentment services transaction by paying only an additional fee to extend the due date of the existing transaction; or (10) Offer or provide deferred presentment services or a cash advance of any kind to an active duty member of the United States military or his or her dependents.
7-9-12. (a) A licensee must provide a consumer written notice of the consumer's right to request a repayment plan according to subsection (b) of this Code section. The form of such written notice shall be either prescribed or approved by the department and such

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notice shall be set forth conspicuously both at the point of sale and in every deferred presentment services agreement. (b) If a consumer is unable to pay on the due date the full amount owing under a deferred presentment services transaction with a licensee, then the consumer shall have the right to request in writing from such licensee a mandatory repayment plan. The licensee shall be required to provide to such consumer such a repayment plan, subject to the terms and conditions set forth below, at least once in a 12 month period. A consumer who has requested a repayment plan may repay the amount owed according to the following terms:
(1) The consumer must request the repayment plan, in writing, on or before the due date of the transaction; (2) The consumer shall agree not to enter into any additional deferred presentment services transactions during or for seven days following the payment plan term with any other licensee; (3) The consumer shall be allowed to repay the transaction in no more than four equal installments with one installment due on each of the consumer's next four pay dates; and (4) The licensee shall not charge a consumer any additional fee for utilizing the mandatory repayment plan.
7-9-13. (a) Whenever it appears to the department that any person required to be licensed under this chapter or any person employed by or acting as an agent for a licensee has violated any law of this state or any order or regulation of the department, the department may issue an initial written order requiring such person to cease and desist immediately from such unauthorized practices. Such cease and desist order shall be final 20 days after it is issued unless the person to whom it is issued makes a written request within such 20 day period for a hearing. The hearing shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' A cease and desist order to an unlicensed person that orders such person to cease engaging in a deferred presentment services business without a license shall be final 30 days from the date of issuance with no opportunity for an administrative hearing. If the proper license is obtained within the 30 day period, the department shall rescind the order. All final orders of the department are conclusive and subject only to judicial review under Code Section 7-1-90. (b) Whenever a person required to be licensed under this chapter or any such person's employee or agent fails to comply with the terms of an order of the department that has been properly issued under the circumstances, the department, upon notice of three days to such person, may, through the Attorney General, petition the court for an order directing such person to obey the order of the department within the period of time as shall be fixed by the court. Upon the filing of such petition, the court shall allow a motion to show cause why such petition should not be granted. Whenever, after a hearing upon the merits or after failure of such person to appear when ordered, it shall

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appear that the order of the department was properly issued, the court shall grant the petition of the department. (c) Any person required to be licensed under this chapter or any such person's employee or agent who violates the terms of any order issued pursuant to this Code section shall be liable for a civil penalty not to exceed $1,000.00. Each day during which the violation continues shall constitute a separate offense. In determining the amount of penalty, the department shall take into account the appropriateness of the penalty relative to the size of the financial resources of such person, the good faith efforts of such person to comply with the order, the gravity of the violation, any history of violations by such person, and such other factors or circumstances as shall have contributed to the violation. The department may at its discretion compromise, modify, or refund any penalty that is subject to imposition or has been imposed pursuant to this Code section. Any person assessed as provided in this subsection shall have the right to request a hearing on the matter within ten days after notification of the assessment has been served upon the licensee involved; otherwise, such penalty shall be final except as to judicial review as provided in Code Section 7-1-90. (d) The department may by rule or regulation prescribe administrative fines or penalties for violations of this chapter or of any rules or regulations promulgated by authority of this chapter, which may include requiring refunds of fees to consumers if such fees were not in compliance with this chapter. (e) Initial judicial review of the decision of the department entered pursuant to this Code section shall be available solely in the Superior Court of Fulton County.
7-9-14. The commissioner may enter into consent orders at any time with any authorized person to resolve any matter arising under this chapter. A consent order shall be signed by the person to whom it is issued, or such person's duly authorized representative, and shall indicate agreement to the terms contained therein. A consent order need not constitute an admission by any person that any provision of this chapter or any rule, regulation, or order promulgated or issued under this chapter has been violated, nor need it constitute a finding by the commissioner that such person has violated any provision of this chapter or any rule, regulation, or order promulgated or issued under this chapter. Notwithstanding the issuance of a consent order, the commissioner may seek civil or criminal penalties or administrative fines concerning matters encompassed by the consent order. In cases involving extraordinary circumstances requiring immediate action, the commissioner may take any enforcement action authorized by Code Section 50-13-18. All such actions shall be final when taken except as to judicial review as provided in Code Section 7-1-90.
7-9-15. (a) In addition to the remedies available under subsection (b) of this Code section, any person aggrieved by the conduct of a licensee under this chapter in connection with the licensee's regulated activities may file a written complaint with the commissioner, who

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may investigate the complaint. In the course of the investigation of any complaint or suspected noncompliance with this chapter, the commissioner may subpoena witnesses; administer oaths; examine any individual under oath; and compel the production of records, books, papers, contracts, or other documents relevant to such investigation. If any person fails to comply with a subpoena of the commissioner under this chapter or to testify concerning any matter about which the person may be interrogated under this chapter, the commissioner may petition any principal court of competent jurisdiction for enforcement. If any licensee or its employee or agent fails to comply with a court ordered subpoena, its license shall be suspended pending compliance with the subpoena. If the commissioner receives a complaint or otherwise has a reasonable suspicion of noncompliance with this chapter, he or she shall have the administrative power to investigate and take administrative action or refer a situation to law enforcement authorities when appropriate. (b) If any deferred presentment transaction is made in willful violation of the provisions of this Code section, except as a result of a bona fide error, such transaction may be canceled by a court of competent jurisdiction. (c) Subject to the provisions of subsection (d) of this Code section in which a licensee and consumer may enter into an arbitration agreement, any other agreement whereby the consumer waives the benefits of this Code section shall be deemed to be against public policy and void. (d) Any deferred presentment services transaction in violation of this chapter shall be subject to an action, which may be brought in a court of competent jurisdiction, by the consumer seeking damages, reasonable attorney's fees, and costs; provided, however, that nothing in this subsection shall prohibit a licensee and consumer from entering into an arbitration agreement whereby the licensee and consumer agree to waive their right to file a lawsuit and to proceed in court to have a jury trial and instead agree to submit their dispute to an arbitrator for a decision.
7-9-16. To assure compliance with the provisions of this chapter, the commissioner may examine the relevant business books and records of any licensee. The commissioner may charge and collect an examination fee as established by rule or regulation for any compliance examination conducted by the commissioner. The commissioner, for the purpose of discovering violations of this chapter and for the purpose of determining whether persons are subject to the provisions of this chapter, is authorized to examine persons licensed under this chapter and persons reasonably suspected by the commissioner of conducting business which requires a license under this chapter, including all relevant books, records, and papers employed by such persons in the transaction of business, and to subpoena witnesses and documents and examine individuals under oath concerning matters relating to the business of such persons, or such other matters as may be relevant to the discovery of violations of this chapter, including without limitation the conduct of business without a license as required by this chapter. The license of any licensee that purposefully withholds, deletes, destroys,

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or alters information that is requested by an examiner of the department, or makes false statements or material misrepresentations to the department, may be suspended or revoked.
7-9-17. (a) Each licensee shall file an annual report together with a license renewal application with the commissioner containing the following information:
(1) If the licensee is a corporation, the names and addresses of its officers and directors and its registered agent for service of process; if the licensee is a partnership, the names and addresses of the partners; or, if the licensee is a limited liability company, the names and addresses of the board of governors of the limited liability company and its registered agent for service of process; (2) The names and addresses of all affiliated entities regulated under this title doing business in this state; (3) The location of all places of business operated by the licensee and the nature of the business conducted at each location; (4) The names and addresses of persons owning controlling interest in each licensee; and (5) Such other information as the department deems appropriate. (b) If the licensee holds two or more licenses or is affiliated with other licensees, a composite report complying with the requirements of subsection (a) of this Code section may be filed for all licenses. (c) All reports required by this Code section shall be filed in such form as may reasonably be required by the commissioner and shall be sworn to by an officer of the licensee. The information submitted by licensees pursuant to this chapter shall be afforded the same degree of confidentiality by the department and the commissioner as is applicable to all such other reports filed with the commissioner.
7-9-18. To defray the cost of administration and enforcement of this program, the department shall be authorized to charge a fee for each person applying for or being issued a license for deferred presentment services and to assess fines as authorized by law and regulations. Such funds shall be deposited with the Office of Treasury and Fiscal Services, net of the cost of overhead to administer this program. The department is authorized to establish by regulation reasonable fees to be assessed to applicants for services performed outside of the routine application and renewal process. For example, a fee may be charged to an applicant who notifies the department of a change in control which obligates the department to initiate an investigation and incur additional costs under this program.
7-9-19. The commissioner may promulgate reasonable rules and regulations in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and not inconsistent

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with the laws of this state for the administration and enforcement of this chapter and its intent. The commissioner is specifically authorized to set reasonable fees and fines for the failure of applicants or licensees to perform in accordance with the provisions of this law.
7-9-20. If any provision of this chapter or the application thereof to any person or circumstance is held invalid for any reason, the invalidity shall not affect the other provisions or any other application of this chapter which can be given effect without the invalid provisions or application.
7-9-21. To the extent this chapter conflicts with any other state law, rule, regulation, or ordinance, this chapter is superior and supersedes those laws, rules, regulations, or ordinances for the purposes of regulating deferred presentment services in the State of Georgia."
SECTION 2. Chapter 17 of Title 16 of the Official Code of Georgia Annotated, relating to payday loans, is amended by repealing and reserving Code Section 16-17-1, relating to definitions and findings regarding payday loans, as follows:
"16-17-1. (a) Without limiting in any manner the scope of this chapter, 'payday lending' as used in this chapter encompasses all transactions in which funds are advanced to be repaid at a later date, notwithstanding the fact that the transaction contains one or more other elements and a 'payday lender' shall be one who engages in such transactions. This definition of 'payday lending' expressly incorporates the exceptions and examples contained in subsections (a) and (b) of Code Section 16-17-2. (b) Despite the fact that the Attorney General of the State of Georgia has opined in Official Opinion 2002-3 entered on June 27, 2002, that payday lending is in violation of Georgia law and despite the fact that the Industrial Loan Commissioner has issued cease and desist orders against various payday lenders in the State of Georgia, the General Assembly has determined that payday lending continues in the State of Georgia and that there are not sufficient deterrents in the State of Georgia to cause this illegal activity to cease. (c) The General Assembly has determined that various payday lenders have created certain schemes and methods in order to attempt to disguise these transactions or to cause these transactions to appear to be 'loans' made by a national or state bank chartered in another state in which this type of lending is unregulated, even though the majority of the revenues in this lending method are paid to the payday lender. The General Assembly has further determined that payday lending, despite the illegality of such activity, continues to grow in the State of Georgia and is having an adverse effect upon military personnel, the elderly, the economically disadvantaged, and other citizens

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of the State of Georgia. The General Assembly has further determined that substantial criminal and civil penalties over and above those currently existing under state law are necessary in order to prohibit this activity in the State of Georgia and to cause the cessation of this activity once and for all. The General Assembly further declares that these types of loans are currently illegal and are in violation of Code Section 7-4-2. The General Assembly declares that the use of agency or partnership agreements between in-state entities and out-of-state banks, whereby the in-state agent holds a predominant economic interest in the revenues generated by payday loans made to Georgia residents, is a scheme or contrivance by which the agent seeks to circumvent Chapter 3 of Title 7, the 'Georgia Industrial Loan Act,' and the usury statutes of this state. (d) Payday lending involves relatively small loans and does not encompass loans that involve interstate commerce. Certain payday lenders have attempted to use forum selection clauses contained in payday loan documents in order to avoid the courts of the State of Georgia, and the General Assembly has determined that such practices are unconscionable and should be prohibited. (e) Without limiting in any manner the scope of this chapter, the General Assembly declares that it is the general intent of this chapter to reiterate that in the State of Georgia the practice of engaging in activities commonly referred to as payday lending, deferred presentment services, or advance cash services and other similar activities are currently illegal and to strengthen the penalties for those engaging in such activities. (f) This chapter in no way impairs or restricts the authority granted to the commissioner of banking and finance, the Industrial Loan Commissioner, or any other regulatory authority with concurrent jurisdiction over the matters stated in this chapter Reserved."
SECTION 3. Said chapter is further amended by revising subsections (a), (c), and (d) of Code Section 16-17-2, relating to exceptions and penalties for payday lending, as follows:
"(a) It shall be unlawful for any person to engage in any business, in whatever form transacted, including, but not limited to, by mail, electronic means, the Internet, or telephonic means, which consists in whole or in part of making, offering, arranging, or acting as an agent in the making of loans of $3,000.00 or less unless:
(1) Such person is engaging in financial transactions permitted pursuant to: (A) The laws regulating financial institutions as defined under Chapter 1 of Title 7, the 'Financial Institutions Code of Georgia'; (B) The laws regulating state and federally chartered credit unions; (C) Article 13 of Chapter 1 of Title 7, relating to Georgia residential mortgages; (D) Chapter 3 of Title 7, the 'Georgia Industrial Loan Act'; (E) Chapter 4 of Title 7, relating to interest and usury; (F) Chapter 5 of Title 7, 'The Credit Card and Credit Card Bank Act,' including financial institutions and their assignees who are not operating in violation of said chapter; or

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(G) Paragraph (2) of subsection (a) of Code Section 7-4-2 in which the simple interest rate is not greater than 16 percent per annum; or (H) Chapter 9 of Title 7, the 'Deferred Presentment Services Act'; (2) Such loans are lawful under the terms of: (A) Article 1 of Chapter 1 of Title 10, 'The Retail Installment and Home Solicitation Sales Act'; (B) Article 2 of Chapter 1 of Title 10, the 'Motor Vehicle Sales Finance Act'; or (C) Part 5 of Article 3 of Chapter 12 of Title 44, relating to pawnbrokers; (3) Subject to the provisions of paragraph (4) of subsection (b) of this Code section, such person is a bank or thrift chartered under the laws of the United States, a bank chartered under the laws of another state and insured by the Federal Deposit Insurance Corporation, or a credit card bank and is not operating in violation of the federal and state laws applicable to its charter; or (4) Such loan is made as a tax refund anticipation loan. In order to be exempt under this paragraph the tax refund anticipation loan must be issued using a borrower's filed tax return and the loan cannot be for more than the amount of the borrower's anticipated tax refund. Tax returns that are prepared but not filed with the proper government agency will not qualify for a loan exemption under this paragraph." "(c)(1) A An unlicensed payday lender shall not include in any loan contract made with a resident of this state any provision by which the laws of a state other than Georgia shall govern the terms and enforcement of the contract, nor shall the loan contract designate a court for the resolution of disputes concerning the contract other than a court of competent jurisdiction in and for the county in which the borrower resides or the loan office is located. (2) An arbitration clause in a payday loan contract by an unlicensed lender shall not be enforceable if the contract is unconscionable. In determining whether the contract is unconscionable, the court shall consider the circumstances of the transaction as a whole, including but not limited to: (A) The relative bargaining power of the parties; (B) Whether arbitration would be prohibitively expensive to the borrower in view of the amounts in controversy; (C) Whether the contract restricts or excludes damages or remedies that would be available to the borrower in court, including the right to participate in a class action; (D) Whether the arbitration would take place outside the county in which the loan office is located or any other place that would be unduly inconvenient or expensive in view of the amounts in controversy; and (E) Any other circumstance that might render the contract oppressive. (d) Any person who violates subsection (a) or (b) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature and upon conviction thereof shall be punished by imprisonment for not more than one year or by a fine not to exceed $5,000.00 or both. Each unlicensed loan transaction shall be deemed a separate violation of this Code section. Any person who aids or abets such a violation, including any arbiter or arbitration company, shall likewise be guilty of a misdemeanor of a high

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and aggravated nature and shall be punished as set forth in this subsection. If a person has been convicted of violations of subsection (a) or (b) of this Code section on three prior occasions, then all subsequent convictions shall be considered felonies punishable by a fine of $10,000.00 or five years imprisonment or both."

SECTION 4. Said chapter is further amended by revising Code Section 16-17-7, relating to revocation of certificates of authority, as follows:
"16-17-7. All corporations, limited liability companies, and other business entities which are engaged in unlicensed payday lending in the State of Georgia are prohibited from obtaining any certificate of authority from the Secretary of State or from the Department of Banking and Finance, and engaging in such unlicensed payday lending activity in the State of Georgia shall result in the revocation of any existing certificate of authority."

SECTION 5. Said chapter is further amended by revising Code Section 16-17-8, relating to declaring the site of a payday lender's business a public nuisance, as follows:
"16-17-8. The site or location of a place of business where unlicensed payday lending takes place in the State of Georgia is declared a public nuisance."

SECTION 6. This Act shall become effective on July 1, 2007.

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 N Abrams N Amerson N Ashe Y Barnard Y Bearden E Beasley-Teague N Benfield Y Benton Y Black

Y Dempsey N Dickson Y Dollar N Drenner E Dukes Y Ehrhart Y England
Epps Y Everson Y Fleming

Y Holt Y Horne N Houston N Howard N Hudson N Hugley N Jackson Y Jacobs Y James N Jamieson

Y Martin Y Maxwell Y May Y McCall N McKillip N Meadows Y Millar N Mills
Mitchell Morgan

Y Scott, M Y Sellier Y Setzler N Shaw Y Sheldon N Shipp Y Sims, B N Sims, C N Sims, F
Sinkfield

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Y Bridges Y Brooks N Bruce E Bryant N Buckner N Burkhalter Y Burns Y Butler Y Byrd N Carter, A Y Carter, B Y Casas Y Chambers
Channell N Cheokas Y Coan Y Cole Y Coleman N Collins
Cooper Y Cox N Crawford, M N Crawford, R N Davis, H Y Davis, S Y Day

Floyd, H N Floyd, J N Fludd Y Forster Y Franklin N Frazier Y Freeman N Gardner Y Geisinger N Glanton N Golick N Gordon Y Graves N Greene Y Hamilton N Hanner N Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree E Henson Y Hill, C N Hill, C.A N Holmes

N Jenkins Y Jerguson N Johnson, C E Johnson, T Y Jones, J Y Jones, S N Jordan N Kaiser Y Keen N Keown Y Knight Y Knox N Lakly Y Lane, B Y Lane, R N Levitas Y Lewis Y Lindsey N Lord Y Loudermilk N Lucas Y Lunsford
Maddox N Mangham
Manning E Marin

Y Morris N Mosby N Mumford N Murphy Y Neal N Nix N Oliver N O'Neal N Parham
Parrish Y Parsons Y Peake N Porter N Powell Y Pruett Y Ralston N Randall N Reece Y Reese E Rice Y Roberts N Rogers N Royal N Rynders Y Sailor N Scott, A

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

On the passage of the Bill, the ayes were 82, nays 77.

The Bill, having failed to receive the requisite constitutional majority, was lost.

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 "nay" thereon.

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

Smyre of the 132nd, Mumford of the 95th, Mangham of the 94th, Smith of the 131st, and Hanner of the 148th.

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

HR 346. By Representatives Byrd of the 20th, Hamilton of the 23rd, Jerguson of the 22nd and Hill of the 21st:

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1449

A RESOLUTION commending the World of Cheer and inviting them to appear before the House of Representatives; and for other purposes.
HR 510. By Representatives Lane of the 158th, Burns of the 157th, Parrish of the 156th, Stephens of the 164th, Greene of the 149th and others:
A RESOLUTION commending Dr. Willie "Bill" Golden and inviting him to appear before the House of Representatives; and for other purposes.
HR 525. By Representatives Byrd of the 20th, Hill of the 21st and Hamilton of the 23rd:
A RESOLUTION commending the World of Cheer for winning first place at the 2007 Cheersport Nationals and inviting them to appear before the House of Representatives; and for other purposes.
HR 533. By Representatives Watson of the 91st, Heard of the 114th, Lunsford of the 110th, Ehrhart of the 36th and Mosby of the 90th:
A RESOLUTION recognizing and commending Dominique Wilkins, a great basketball legend, and inviting him to appear before the House of Representatives; and for other purposes.
HR 618. By Representatives Martin of the 47th, Jones of the 46th and Burkhalter of the 50th:
A RESOLUTION commending the Milton High School Girls Lacrosse Team on winning the 2006 state championship and inviting them 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 has passed by the requisite constitutional majority the following bill of the Senate:
SB 302. By Senators Davenport of the 44th and Seay of the 34th:
A BILL to be entitled an Act to authorize the City of Forest Park 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

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

HR 620. By Representatives Davis of the 109th and Lunsford of the 110th:

A RESOLUTION commending and congratulating Carrington Banks for winning his fourth state wrestling championship and inviting him to appear before the House 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 322. By Representatives Harbin of the 118th, Smith of the 113th and Burkhalter of the 50th:

A RESOLUTION creating the Joint Study Committee on Continuing Education and Collegiate Sports Programs for Students with Disabilities; and for other purposes.

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

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

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce E Bryant Y Buckner Y Burkhalter Y Burns

Y Dempsey Y Dickson 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 Frazier Y Freeman

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan

Martin Y Maxwell Y May
McCall Y McKillip Y Meadows Y Millar Y Mills
Mitchell Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon
Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V Y Smyre Y Stanley-Turner

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1451

Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holmes

Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford
Maddox Y Mangham Y Manning E Marin

Y O'Neal Y Parham Y Parrish Y Parsons Y Peake
Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese E Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet
Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix E 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.

Representative Maddox of the 172nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 626. By Representatives Graves of the 12th, Rynders of the 152nd, Lunsford of the 110th, Cooper of the 41st and Peake of the 137th:

A BILL to be entitled an Act to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, acupuncture, physician's assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice, so as to provide for a maximum number of continuing education hours that retired physicians providing uncompensated health care services shall be required to complete; 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 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, acupuncture, physician's assistants, cancer and glaucoma treatment,

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respiratory care, clinical perfusionists, and orthotics and prosthetics practice, so as to provide for a maximum number of continuing education hours that retired physicians providing uncompensated health care services shall be required to complete; 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 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, acupuncture, physician's assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice, is amended in Code Section 43-34-3, relating to continuing education requirements for physicians and others, as follows:
"43-34-3. (a)(1) The board shall be authorized to require persons seeking renewal of a license or certificate under this chapter to complete board approved continuing education of not less than 40 hours biennially. The board shall be authorized to approve courses offered by institutions of higher learning, specialty societies, or professional organizations, including, but not limited to, the American Medical Association, the National Medical Association, and the American Osteopathic Association, the number of hours required, and the category in which these hours should be earned. This paragraph shall not apply to respiratory care professionals or persons seeking renewal of certification as respiratory care professionals. (2) The board shall be authorized to require persons seeking renewal of certification as respiratory care professionals under Article 6 of this chapter to complete board approved continuing education. The board shall be authorized to establish the number of hours of continuing education required biennially for renewal of certification as a respiratory care professional and the categories in which these hours should be earned. The board shall be authorized to approve courses offered by institutions of higher learning, specialty societies, or professional organizations. Any action taken by the board pursuant to this paragraph shall be taken in conformity with the provisions of Code Section 43-34-143. (b)(1) The board shall be authorized to waive the continuing education requirement in cases of hardship, disability, illness, or in cases where physicians or physicians assistants are serving in fellowships, new specialty residencies, postgraduate specialty programs, the United States Congress, or under such other circumstances as the board deems appropriate. (2) The board shall require no more than 20 hours of continuing education annually for retired physicians who provide uncompensated health care services pursuant to Code Section 43-34-45.1 or Article 8 of Chapter 8 of Title 31; provided, however, the board shall be authorized to require up to 40 hours of continuing education for retired physicians who have not had an active license to practice medicine for more than five years.

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1453

(c) The board shall be authorized to promulgate rules and regulations to implement and ensure compliance with the requirements of this Code section. (d) This Code section shall apply to each licensing, certification, and renewal cycle which begins after the 1990-1991 renewal."

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce E Bryant Y Buckner Y Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B
Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holmes

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

Y Martin Y Maxwell Y May
McCall Y McKillip Y Meadows Y Millar Y Mills
Mitchell Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese E Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

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On the passage of the Bill, by substitute, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Maddox of the 172nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 383. By Representative Mills of the 25th:
A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, the "Georgia Condominium Act," so as to define certain terms; to provide that a declarant shall pay certain expenses; to provide for exceptions; to provide for an exception for a certain obligation to provide a certificate of occupancy; to provide for the effect on land use and zoning ordinances or laws of an expandable condominium; to provide for the creation of a subcondominium; to provide for a subassociation; to provide for insurance; to provide for the effect of certain liens; to provide for eminent domain; to provide for the description of certain units; to provide for assessments; 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 3 of Title 44 of the Official Code of Georgia Annotated, the "Georgia Condominium Act," so as to define certain terms; to provide that a declarant shall pay certain expenses; to provide for exceptions; to provide for an exception for a certain obligation to provide a certificate of occupancy; to provide for the effect on land use and zoning ordinances or laws of an expandable condominium; to provide for the creation of a subcondominium; to provide for a subassociation; to provide for insurance; to provide for the effect of certain liens; to provide for eminent domain; to provide for the description of certain units; to provide for assessments; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, the "Georgia Condominium Act," is amended in Code Section 44-3-71, relating to definitions, by adding new paragraphs to read as follows:

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"(19.1) 'Master association' means an association of a master condominium. (19.2) 'Master condominium' means a condominium in which the condominium instruments permit one or more of the units to constitute a subcondominium." "(26.1) 'Subassociation' means an association of a subcondominium. (26.2) 'Subcondominium' means the property consisting of a unit of an existing condominium lawfully submitted under this article by the recordation of separate condominium instruments pursuant to this article." "(27.1) 'Subunit' means a unit that constitutes a portion of a subcondominium."
SECTION 2. Said article is further amended in Code Section 44-3-80, relating to allocation and liability for common expenses and how assessments are made, by revising subsection (d) as follows:
"(d)(1) No unit owner other than the association shall be exempted from any liability for any assessment under this Code section or under any condominium instrument for any reason whatsoever, including, without limitation, abandonment, nonuse, or waiver of the use or enjoyment of his unit or any part of the common elements. The declarant shall pay for all common expenses until the first common expense assessment is due from any unit owner. Thereafter, no unit owner other than the association shall be exempted from any liability for any assessment under this Code section or under any condominium instrument for any reason whatsoever, including, without limitation, abandonment, nonuse, or waiver of the use or enjoyment of his or her unit or any part of the common elements. (2) Notwithstanding paragraph (1) of this subsection, if authorized by the declaration, a declarant who is offering units for sale may elect to be excused from payment of assessments assessed pursuant to subsection (c) of this Code section against those unsold and unoccupied units for a stated period of time after the original declaration is recorded, not to exceed 24 months after the date the original declaration is recorded; provided, however, that as to assessments assessed pursuant to subsection (c) of this Code section, the declarant must pay common expenses incurred during such period which exceed the amounts assessed against other unit owners in the same condominium. During any period in which the declarant is excused from payment of assessments assessed pursuant to subsection (c) of this Code section:
(A) No capital contributions, start-up funds, initiation fees, or contributions to capital reserve accounts which are receivable from unit purchasers or unit owners and payable to the association at closing may be used for payment of common expenses; (B) No portion of the payment of assessments collected from owners intended to be utilized for reserves for deferred maintenance, reserves for depreciation, or other reserves, as shown on the operating budget for the condominium, may be used for payment of common expenses; and (C) No prepayments of assessments made by owners shall be used for the payment of common expenses prior to the time the assessments would otherwise be due.

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(3) If during the period that the declarant is excused from payment of assessments as provided in paragraph (2) of this subsection common expenses are incurred resulting from a casualty which is not covered by proceeds from insurance maintained by the association, such common expenses shall be assessed against all unit owners owning units on the date of such casualty, and their respective successors and assigns, including the declarant with respect to units owned by the declarant. In the event of such an assessment, all units shall be assessed in accordance with the allocation of the liability for common expenses set forth in the declaration as provided in subsection (c) of this Code section. (4) During any such time as the declarant has the right to control the association pursuant to Code Section 44-3-101, any capital contributions, start-up funds, initiation fees, or contributions to capital reserve accounts which are receivable from unit purchasers or unit owners and payable to the association at closing and any portion of the payment of assessments collected from owners intended to be utilized for reserves for deferred maintenance, reserves for depreciation, or other reserves, as shown on the operating budget for the condominium, shall be deposited into one or more separate reserve accounts and shall not be used to pay for any common expenses, without the agreement of the unit owners of units to which two-thirds of the votes in the association pertain, exclusive of any vote or votes appurtenant to any unit or units then owned by the declarant. No waiver of the right of any unit owner to grant or withhold consent to such agreement shall be valid."
SECTION 3. Said article is further amended by revising paragraph (5) of subsection (e) of Code Section 44-3-111, relating to sales of residential condominium units for residential occupancy, information required to be furnished by seller, buyer's right to void contract, limitations period, attorney's fees, and penalty for willful violation, as follows:
"(5) If, but only if, any applicable statute, ordinance, rule, or regulation requires, permits, or provides for the issuance of a certificate of occupancy by any officer, department, or agency of any governmental entity, the contract shall contain an express obligation on the part of the seller to furnish to the buyer at or prior to closing a true, correct, and complete copy of a duly issued certificate of occupancy covering the unit which is the subject matter of the covered contract unless the buyer executes a separate agreement at or before closing setting forth that the contract applies to a condominium unit for which the seller is not obligated to obtain a certificate of occupancy before conveyance of the unit to the buyer and such agreement contains the following statement in at least 14-point boldface type or capital letters:
'THE SELLER IS NOT OBLIGATED TO OBTAIN A CERTIFICATE OF OCCUPANCY BEFORE CONVEYANCE OF THE UNIT TO THE BUYER. THE LACK OF A CERTIFICATE OF OCCUPANCY SHALL NOT EXCUSE THE BUYER FROM ANY OBLIGATION TO PAY ASSESSMENTS TO THE ASSOCIATION.'; and"

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SECTION 4. Said article is further amended in Code Section 44-3-114, relating to the effect of such article upon land use, zoning, building, and subdivision laws and the effect of a certain Code section, by adding a new subsection to read as follows:
"(c) No subdivision law, ordinance, or regulation shall apply to the additional property of an expandable condominium for so long as the additional property may be added to the expandable condominium in accordance with the provisions of this article and the declaration. If the additional property is not deemed separate from the submitted property under any zoning, land use, subdivision, building, or life safety law, code, regulation, or ordinance at the time of the establishment of the condominium, the additional property shall not be deemed separate from the submitted property under any zoning, land use, subdivision, building, or life safety law, code, regulation, or ordinance so long as the additional property may be added by the declarant to the expandable condominium in accordance with the provisions of this article and the declaration."
SECTION 5. Said article is further amended by adding a new Code section to read as follows:
"44-3-117. (a) Except as otherwise set forth in this Code section, the creation of a subcondominium shall not limit the application of this article in its entirety to such subcondominium. (b) To the extent permitted in the condominium instruments, a condominium unit may be submitted by the owner thereof to a subcondominium and such owner shall thereafter be deemed the declarant, as such term is defined in paragraph (13) of Code Section 44-3-71, of such subcondominium. (c) Upon the creation of a subcondominium:
(1) No tax or governmental assessment shall be levied against the unit as a whole but instead shall only be levied on the subunits; (2) The subassociation shall represent and be responsible for acting on behalf of the subunit owners in discharging the rights and obligations of the unit owner as a member of the master association, including, without limitation, voting the interests of the unit in the master association and paying assessments owing on the unit to the master association; (3) The insurance required in paragraph (1) of Code Section 44-3-107 may be obtained by either the subassociation or the master association for the condominium in which the subcondominium is a unit; (4) No lien for labor or services performed or materials furnished in the improvement of the unit shall be filed against the subcondominium as a whole but shall only be filed against the subunits, and such lien may be discharged by the owner of any subunit in the same manner provided in subsection (d) of Code Section 44-3-95; (5) If a subassociation has been created for property affected by an eminent domain proceeding, no eminent domain action shall be brought against the subassociation as a whole but only against the subunit owners thereof; and

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(6) No description of a subunit shall be deemed to be vague, uncertain or otherwise insufficient if the description complies with Code Section 44-3-73. (d) The description of submitted property or additional property to a subcondominium required by this article shall be valid if described by a legal description by metes and bounds or by a description of a unit in a master condominium in the manner provided for in Code Section 44-3-73. (e) All sums lawfully assessed by a master association against a subassociation shall have the same effect as provided in subsection (a) of Code Section 44-3-109. The recording of the declaration for a subcondominium pursuant to this article shall constitute record notice of the existence of the lien, and no further recordation of any claim of lien for assessments shall be required. (f) In the event any lien becomes effective against a subunit as provided in subsection (e) of this Code section, the subassociation may remove that lien from the subunits by: (1) The payment of the amount attributable to the subunits, or (2) Bonding of the amount assessed against the subassociation or any subunit owner may remove that lien from his or her subunit by the payment of the amount attributable to his or her subunit. The amount shall be computed by reference to the liability for common expenses pertaining to that condominium unit pursuant to subsection (c) of Code Section 44-3-80. Subsequent to the payment, discharge, or other satisfaction of such amount, the subunit owner of that subunit shall be entitled to have that lien released as to his or her subunit in accordance with applicable provisions of law, and notwithstanding anything to the contrary in Code Sections 44-3-80 and 44-3-109, the master association shall not assess or have a valid lien against that subunit for any portion of the common expenses incurred by the master association in connection with that lien. (g) Not less than 30 days after notice is sent by certified mail or statutory overnight delivery, return receipt requested, to the subunit owner both at the address of the subunit and at any other address or addresses which the subunit owner may have designated to the master association in writing, the lien of the master association may be foreclosed by the master association by an action, judgment, and foreclosure in the same manner as other liens for the improvement of real property, subject to superior liens or encumbrances, but any such court order for judicial foreclosure shall not affect the rights of holders of superior liens or encumbrances to exercise any rights or powers afforded to them under their security instruments. The notice provided for in this subsection shall specify the amount of the assessments then due and payable together with authorized late charges and the rate of interest accruing thereon. No foreclosure action against a lien arising out of this subsection shall be permitted unless the amount of the lien is at least $2,000.00. Unless prohibited by the master condominium instruments, the master association shall have the power to bid on the subunit at any foreclosure sale and to acquire, hold, lease, encumber, and convey the same. The lien for assessments shall lapse and be of no further effect, as to assessments or installments thereof, together with late charges and interest applicable thereto, four years after the assessment or installment first became due and payable.

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(h) Any subunit owner, mortgagee of a subunit, person having executed a contract for the purchase of a subunit, or lender considering the loan of funds to be secured by a subunit shall be entitled upon request to a statement from the subassociation or its management agent setting forth the amount of assessments past due and unpaid together with late charges and interest applicable owed by the subassociation to the master association. If the subassociation or its management agent states an amount less than the amount actually owed by the subassociation to the master association, the lien created by Code Section 44-3-109 for any amounts in excess of the stated amount shall be subordinate to the lien of any first priority mortgage covering the subunit. (i) In addition to the documents required to be furnished to the prospective buyer under subsection (b) of Code Section 44-3-111, if the covered contract applies to a condominium unit which is part of a subcondominium, the following shall be provided to the prospective buyer:
(1) A copy of the declaration for the master condominium, and a copy of each amendment thereto; and (2) A copy of the articles of incorporation and bylaws of the master association, and of each amendment to either."

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce E Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight

Y Martin Y Maxwell Y May
McCall Y McKillip Y Meadows Y Millar Y Mills
Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens
Stephenson Y Talton

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Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holmes

Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas
Lunsford Maddox Y Mangham Y Manning E Marin

Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese E Rice Y Roberts
Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix E 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 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 Resolution of the House was read and referred to the Committee on Rules:

HR 621. By Representatives Rogers of the 26th, Collins of the 27th, Mills of the 25th and Benton of the 31st:

A RESOLUTION recognizing and commending the East Hall High School Vikings girls basketball team 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 156. By Representative Willard of the 49th:

A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the "Child Support Recovery Act," so as to authorize the Department of Human Resources to impose fees on child support collections; to provide for related matters; to repeal conflicting laws; and for other purposes.

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The following Committee substitute was read and adopted:
A BILL
To amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the "Child Support Recovery Act," so as to authorize the Department of Human Resources to impose and retain certain fees on obligees and obligors with respect to certain child support collections; 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 11 of Title 19 of the Official Code of Georgia Annotated, relating to the "Child Support Recovery Act," is amended in Code Section 19-11-6, relating to enforcement of child support payments and alimony for public assistance recipients, by adding new subsections to read as follows:
"(f) The department shall be authorized to charge the obligee a federal Deficit Reduction Act of 2005 fee of $12.00 to be paid at the rate of $1.00 per month after the IV-D agency has collected $500.00 of child support annually for each case. The department shall retain such fee and deduct such fee from child support collections before disbursement to the obligee. Such fee shall only apply to an obligee who has never received public assistance payments pursuant to Title IV-A or Title IV-E of the federal Social Security Act. (g) The department shall be authorized to charge the obligor a federal Deficit Reduction Act of 2005 fee of $13.00 to be paid in 12 monthly installments after the IVD agency has collected $500.00 of child support annually for each case. Such fee shall only apply to an obligor when the obligee has never received public assistance payments pursuant to Title IV-A or Title IV-E of the federal Social Security Act. The department shall retain such fee and collect such fee through income withholding, as well as by any other enforcement remedy available to the IV-D agency responsible for child support enforcement."
SECTION 2. Said article is further amended in Code Section 19-11-8 of the Official Code of Georgia Annotated, relating to the duty of the Department of Human Resources to enforce child support of an abandoned minor public assistance recipient, by adding new subsections to read as follows:
"(e) The department shall be authorized to charge the obligee a federal Deficit Reduction Act of 2005 fee of $12.00 to be paid at the rate of $1.00 per month after the IV-D agency has collected $500.00 of child support annually for each case. The department shall retain such fee and deduct such fee from child support collections before disbursement to the obligee. Such fee shall only apply to an obligee who has

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never received public assistance payments pursuant to Title IV-A or Title IV-E of the federal Social Security Act. (f) The department shall be authorized to charge the obligor a federal Deficit Reduction Act of 2005 fee of $13.00 to be paid in 12 monthly installments after the IV-D agency has collected $500.00 of child support annually for each case. Such fee shall only apply to an obligor when the obligee has never received public assistance payments pursuant to Title IV-A or Title IV-E of the federal Social Security Act. The department shall retain such fee and collect such fee through income withholding, as well as by any other enforcement remedy available to the IV-D agency responsible for child support enforcement."

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce E Bryant Y Buckner Y Burkhalter Y Burns Y Butler N Byrd Y Carter, A Y Carter, B N Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper

Y Dempsey Y Dickson Y Dollar Y Drenner E Dukes
Ehrhart Y England Y Epps N Everson Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster N Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon N Graves Y Greene Y Hamilton Y Hanner Y Harbin N Hatfield Y Heard, J Y Heard, K

Y Holt N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight
Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord N Loudermilk

Y Martin Y Maxwell E May
McCall Y McKillip Y Meadows Y Millar Y Mills
Mitchell Morgan Y Morris Y Mosby Y Mumford Y Murphy Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter N Powell Y Pruett Y Ralston Y Randall N Reece Y Reese E Rice

N Scott, M Y Sellier
Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens
Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin N Walker Y Watson Y Wilkinson Y Willard Y Williams, A

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Y Cox Y Crawford, M Y Crawford, R Y Davis, H N Davis, S Y Day

E Heckstall Y Hembree E Henson N Hill, C Y Hill, C.A Y Holmes

Y Lucas N Lunsford
Maddox Y Mangham Y Manning E Marin

Y Roberts Rogers
Y Royal N Rynders Y Sailor Y Scott, A

Y Williams, E Y Williams, M Y Williams, R Y Wix E Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 140, nays 16.

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

Representative Reese of the 98th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Maddox of the 172nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 430. By Representatives Ralston of the 7th, Roberts of the 154th, Hatfield of the 177th and 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 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 amend Code Section 46-8-100 of the O.C.G.A., relating to the general powers of railroad companies, so as to provide that issues arising as to the dimensions of property acquired by a railroad corporation or railroad company prior to 1913 shall be determined by reference to the official map filed with the Interstate Commerce Commission pursuant to the Railroad Valuation Act of March 1, 1913; 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 44 of the Official Code of Georgia Annotated, relating to property, so as to clarify the scope of the provisions applicable to the acquisition of title to land by

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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 Official Code of Georgia Annotated, relating to presumptions and estoppel, so as to provide that occupancy of a railroad right of way is by permission; to amend Code Section 46-8-100 of the Official Code of Georgia Annotated, relating to the general powers of railroad companies, so as to provide that issues arising as to the dimensions of property acquired by a railroad corporation or railroad company prior to 1913 shall be determined by reference to the official map filed with the Interstate Commerce Commission pursuant to the Railroad Valuation Act of March 1, 1913; to provide for each railroad corporation and railroad company to record such official map in the superior court in which the land is situated; to provide for courts to take judicial notice of the information on such official map that has been properly filed and recorded; to provide for related maters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) The General Assembly finds that the railroads and their rights of way in Georgia:
(1) Are essential to the continued viability of this state; (2) Are valuable resources which must be preserved and protected; (3) Are essential for the economic growth and development of the state; (4) Provide a necessary means of transporting raw materials, agricultural products, other finished products, and consumer goods and are also essential for the safe passage of hazardous materials; (5) Relieve congestion on the highways and keep dangerous products and materials off our highways; (6) Are vital for national defense and national security; and (7) Provide the most efficient means of transportation through the state, thus minimizing air pollution and fuel consumption. (b) The purpose of this Act is to protect the rights of way of railroads from loss by claims of adverse possession or other claims by prescription and to recognize the dimensions of these rights of way as they were identified and defined nearly 100 years ago.
SECTION 2. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by adding a new Code section to read as follows:
"44-5-161.1. Any title or interest in property obtained pursuant to provisions of this title that relate to adverse possession and corporeal rights, private ways, or by any other Code section or

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other provision or law by which an interest in property may be obtained by prescription shall not affect a right of way owned by a railroad corporation or railroad company until such interest or title is perfected through a judicial proceeding in a manner consistent with other provisions of this Code."
SECTION 3. Said title is further amended by revising Code Section 44-5-163, relating to when adverse possession for 20 years confers title, as follows:
"44-5-163. Possession of real property in conformance with the requirements of Code Section 445-161 for a period of 20 years shall confer good title by prescription to the property against everyone except the state and those persons laboring under the disabilities stated in Code Section 44-5-170 and railroad corporations or railroad companies as defined in Code Section 46-1-1 for railroad property that has not been the subject of a formal abandonment before the Surface Transportation Board, the track has not been removed, and the railroad corporation or railroad company has made a documented decision that it will not restore operations."
SECTION 4. Said title is further amended by revising Code Section 44-5-164, relating to when adverse possession for seven years confers title, as follows:
"44-5-164. Possession of real property under written evidence of title in conformance with the requirements of Code Section 44-5-161 for a period of seven years shall confer good title by prescription to the property against everyone except the state and those persons laboring under the disabilities stated in Code Section 44-5-170 and railroad corporations or railroad companies as defined in Code Section 46-1-1 for railroad property that has not been the subject of a formal abandonment before the Surface Transportation Board, the track has not been removed, and the railroad corporation or railroad company has made a documented decision that it will not restore operations, provided that, if the written title is forged or fraudulent and if the person claiming adverse possession had actual notice of such forgery or fraud when he or she commenced his or her possession, no prescription may be based on such possession."
SECTION 5. Said title is further amended by revising Code Section 44-5-175, relating to prescription involving incorporeal rights, as follows:
"44-5-175. An incorporeal right which may be lawfully granted, such as a right of way or the right to throw water upon the land of another, may be acquired by prescription against everyone except this state, those persons laboring under the disabilities stated in Code Section 445-170, and railroad corporations or railroad companies as defined in Code Section 46-1-

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1 for railroad property that has not been the subject of a formal abandonment before the Surface Transportation Board, the track has not been removed, and the railroad corporation or railroad company has made a documented decision that it will not restore operations."
SECTION 6. Said title is further amended by revising Code Section 44-9-1, relating to the methods of acquiring private ways, as follows:
"44-9-1. The right of private way over another's land may arise from an express grant, from prescription by seven years uninterrupted use through improved lands or by 20 years use through wild lands, by implication of law when the right is necessary to the enjoyment of lands granted by the same owner, or by compulsory purchase and sale through the superior court in the manner prescribed by Article 3 of this chapter, except that no right of private way may be acquired by prescription over the lands of this state, those persons laboring under the disabilities stated in Code Section 44-5-170, and railroad corporations or railroad companies as defined in Code Section 46-1-1 for railroad property that has not been the subject of a formal abandonment before the Surface Transportation Board, the track has not been removed, and the railroad corporation or railroad company has made a documented decision that it will not restore operations."
SECTION 7. Said title is further amended by revising Code Section 44-9-54, relating generally to the establishment of private ways by prescription, as follows:
"44-9-54. Except as to lands of this state, those persons laboring under disabilities stated in Code Section 44-5-170, and railroad corporations or railroad companies as defined in Code Section 46-1-1, for railroad property that has not been the subject of a formal abandonment before the Surface Transportation Board, the track has not been removed, and the railroad corporation or railroad company has made a documented decision that it will not restore operations whenever Whenever a private way has been in constant and uninterrupted use for seven or more years and no legal steps have been taken to abolish it, it shall not be lawful for anyone to interfere with that private way."
SECTION 8. Article 2 of Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to presumptions and estoppel, is amended by adding a new Code section to read as follows:
"24-4-23.2. In any action to establish a right, title, or interest in or to real property that is a part of a railroad right of way, including a right of ingress or egress, and such claim is based upon occupancy of the railroad right of way by a person or entity other than the railroad corporation or railroad company, there is a presumption that any such occupancy of the

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railroad right of way is with the permission of the railroad corporation or railroad company. Such presumption may only be rebutted by proof of actual written notice to the railroad corporation or railroad company that the occupancy of the railroad right of way is based upon a claimed right in or to that portion of the right of way at issue."

SECTION 9. Code Section 46-8-100 of the Official Code of Georgia Annotated, relating to the general powers of railroad companies, is amended by revising paragraph (3) as follows:
"(3) To acquire, purchase, hold, and use all such real estate and other property as may be necessary for the construction and maintenance of said road and of the stations, wharves, docks, terminal facilities, and all other accommodations necessary to accomplish the object of the corporation; and to condemn, lease, or buy any land necessary for its use; provided, however, that to the extent an issue arises over the dimensions of any such acquisition by a railroad corporation or railroad company which occurred prior to 1913, those dimensions shall be determined by reference to the documents evidencing any such transaction and by examining the official map of the railroad filed with the Interstate Commerce Commission pursuant to the Railroad Valuation Act of March 1, 1913, Stat. 701, as amended, and such depictions contained on such official railroad map shall be conclusive as to the dimensions of any acquisition as of the date of such railroad map; provided, further, that each railroad corporation and railroad company shall file and record such official map of the railroad with the superior court for the county in which such land is situated that is depicted on such official railroad map. Any court of this state shall take judicial notice of the information set forth in any such official map properly filed and recorded by such railroad corporation or railroad 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:

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black

Y Dempsey Y Dickson Y Dollar Y Drenner E Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming

Y Holt Y Horne N Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James N Jamieson

Y Martin Y Maxwell Y May
McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F N Sinkfield

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Y Bridges Y Brooks Y Bruce E Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M N Crawford, R Y Davis, H Y Davis, S Y Day

Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier
Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton
Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A Y Holmes

Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham Y Manning E Marin

Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter N Powell Y Pruett Y Ralston Y Randall N Reece Y Reese E Rice Y Roberts
Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the passage of the Bill, by substitute, the ayes were 153, nays 8.

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 197. By Representatives Fleming of the 117th, Lindsey of the 54th and Hatfield of the 177th:

A BILL to be entitled an Act to amend Article 1 of Chapter 10 of Title 17 of the O.C.G.A., relating to the procedure for sentencing and imposition of punishment, so as to repeal provisions allowing review of sentences of imprisonment for a period exceeding 12 years by a three-judge panel, to provide for the disposition of cases currently under review or in the pipeline for review, to provide duties and responsibilities of the president of The Council of Superior Court Judges of Georgia with respect to abolishing the three-judge panel; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees in superior court, so as to correct a cross-

TUESDAY, MARCH 27, 2007

1469

reference; 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 Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the procedure for sentencing and imposition of punishment, so as to repeal provisions allowing review of sentences of imprisonment for a period exceeding 12 years by a three-judge panel, to provide for the disposition of cases currently under review or in the pipeline for review, to provide duties and responsibilities of the president of The Council of Superior Court Judges of Georgia with respect to abolishing the three-judge panel; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees in superior court, so as to correct a cross-reference; 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 10 of Title 17 of the Official Code of Georgia Annotated, relating to the procedure for sentencing and imposition of punishment, is amended by repealing and reserving Code Section 17-10-6, relating to review of sentences of imprisonment for a period exceeding 12 years by a three-judge panel, as follows:
"17-10-6. (a) In any case, except cases in which the death penalty is imposed or cases involving a serious violent felony as defined in subsection (a) of Code Section 17-10-6.1, in which a sentence of 12 or more years, or several consecutive sentences which total 12 or more years, has been fixed and imposed by a judge, without a jury, the defendant shall have the right to have the sentence or sentences reviewed by a panel of three superior court judges to determine whether the sentence or sentences so imposed are excessively harsh. Consideration shall be given in the review to the nature of the crime for which the defendant has been convicted and to the defendant's prior criminal record. Any defendant seeking a review of such sentence or sentences shall make application therefor within 30 days of the date on which the sentence was imposed by a judge of the superior court or after the remittitur from the Court of Appeals or Supreme Court affirming the conviction is made the judgment of the sentencing court, whichever occurs last. The application shall be filed with the clerk of the superior court in which the sentence was imposed. Upon the filing of an application the clerk shall transmit the same to the three-judge panel created under this Code section within ten days of the date on which the application was filed. For such service, the clerk shall receive the fees prescribed in Code Section 15-6-77 from the funds of the county, except where the

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clerk is on a salary. It shall be the duty of the judge imposing the sentence and any probation officer to transmit, within ten days of the filing of an application for review of a sentence, a copy of any presentence or postsentence report prepared by the probation officer, including the record of the defendant, to the three-judge panel. (b) For the purpose of reviewing sentences, as provided by this Code section, there is created a panel of three superior court judges, to be appointed by the superior court judge then serving as president of The Council of Superior Court Judges of Georgia. Judges so appointed shall serve for a term of three months and until their successors are duly appointed and qualified. Judges so appointed shall receive their actual expenses incurred in the performance of their duties on the panel but shall receive no additional compensation. The expenses shall be paid from funds appropriated to, or otherwise available to, the judicial branch of state government. The panel shall be furnished offices, supplies, materials, and secretarial assistance required for the performance of their duties by the state. The panel shall meet at the state capital at such times as may be required for the review of sentences, provided that all applications for review of sentences shall be heard within three months from the date on which they are filed. No judge appointed to a panel shall review a sentence which he has imposed on the trial of the case in the superior court or participate in any such review. If such a case is brought before the panel, the president of The Council of Superior Court Judges of Georgia shall have the authority to appoint an additional superior court judge as a member of the panel for the review of the case. (c) The three-judge panel provided for by this Code section shall have the authority to review sentences upon application of the defendants in such cases. In the review of the sentences the defendant and the district attorney shall have the right to present written argument relative to the sentence imposed and the harshness or justification thereof. If, in the opinion of the panel, the sentence imposed by the trial judge is too harsh or severe in light of all of the circumstances surrounding the case and the defendant, and in light of the defendant's past history, the panel shall have the authority to issue an order reducing the sentence originally imposed by the trial judge. The panel shall not have the authority, however, to reduce any sentence to probation or to suspend any sentence. The panel shall not be required to file written opinions but shall file a copy of any order or remittitur reducing a sentence with the superior court which originally imposed the sentence. (d) The reduction of a sentence or the refusal to reduce a sentence by the panel shall not be reviewable. The provisions for review of sentences provided by this Code section shall not be deemed to affect the right to appeal or any practices, procedures, or time limitations relative to appeals to appellate courts. A defendant shall not have the right to file more than one application for a review of a sentence, and any order issued by the panel reducing or refusing to reduce any sentence covered by an application shall be binding on the defendant and the superior court which imposed the sentence. (e) This Code section shall not apply to cases in which the death penalty is imposed. (f) This Code section shall not apply to sentences imposed in misdemeanor cases or cases in which a life sentence is imposed for murder Reserved."

TUESDAY, MARCH 27, 2007

1471

SECTION 2. Said article is further amended by adding a new Code section to read as follows:
"17-10-6.3. (a) As used in this Code section, the term 'three-judge panel' means the three-judge panel that was created and existed pursuant to the former provisions of Code Section 17-10-6 as it existed on June 30, 2007, which reviewed certain sentences to determine if a sentence was excessively harsh and what relief, if any, should be given. (b) The right of a defendant to have a sentence reviewed by a three-judge panel shall be terminated for sentences imposed by a trial or appellate court on or after July 1, 2007. No new application for review of a sentence shall be transmitted to the threejudge panel on or after July 1, 2007, except for cases in which a sentence was imposed prior to July 1, 2007. (c) No new application for review of a sentence shall be accepted by the three-judge panel unless such application has been received by the three-judge panel on or before September 1, 2007. Any sentence that has an application for review with the threejudge panel pending on September 1, 2007, shall have such review completed by the three-judge panel by November 1, 2008. (d) It shall be the duty of the president of The Council of Superior Court Judges of Georgia to cause all administrative measures which may be necessary to conclude the business of the three-judge panel to be completed no later than January 1, 2009. Such administrative, clerical, or secretarial personnel as may be assigned to provide support for the three-judge panel may continue to be employed for the purpose of providing support to the president of The Council of Superior Court Judges of Georgia until January 1, 2009. (e) No later than January 1, 2009, all records and documents relating to the activities of the three-judge panels during the period July 1, 1974, through November 1, 2008, shall be transmitted to the Department of Archives and History for retention in accordance with Article 5 of Chapter 18 of Title 50, the 'Georgia Records Act.' All equipment, supplies, and materials which the president of The Council of Superior Court Judges of Georgia determines are excess or surplus shall be distributed by the president to the judges of the superior courts for use in the performance of their official duties. Any fees or expenses due to any clerk, superior court judge, or other person as a result of the three-judge panel shall be paid out of such funds as are appropriated for the operation of the superior courts during fiscal year 2009."

SECTION 3. Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to superior court fees, is amended by revising paragraph (5) of subsection (h) as follows:

"(5) Reserved Preparation and transmission of documents to superior court

sentence review panel in accordance with Code Section 17-10-6, first copy, per

page

1.50

Subsequent copies, per page

.50"

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SECTION 4. This Act shall become effective on July 1, 2007.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

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

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

N Abdul-Salaam N Abrams Y Amerson N Ashe Y Barnard Y Bearden
Beasley-Teague N Benfield Y Benton N Black
Bridges N Brooks N Bruce E Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd N Carter, A Y Carter, B Y Casas Y Chambers Y Channell N Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R N Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson Y Dollar N Drenner E Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming N Floyd, H Y Floyd, J N Fludd
Forster Y Franklin N Frazier Y Freeman N Gardner Y Geisinger N Glanton Y Golick N Gordon Y Graves Y Greene Y Hamilton
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
Hudson Hugley N Jackson N Jacobs N James N Jamieson N Jenkins Y Jerguson N Johnson, C E Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas 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
McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby
Mumford N Murphy Y Neal Y Nix N Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake N Porter
Powell N Pruett Y Ralston N Randall N Reece Y Reese E Rice Y Roberts Y Rogers Y Royal Y Rynders N Sailor Y Scott, A

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

On the passage of the Bill, by substitute, the ayes were 102, nays 62.

TUESDAY, MARCH 27, 2007

1473

The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Bridges of the 10th 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 Jenkins of the 8th stated that he inadvertently voted "nay" on the preceding roll call. He would like to be recorded as voting "aye" thereon.
The Speaker Pro Tem assumed the Chair.
HB 340. By Representatives Richardson of the 19th, Golick of the 34th, Ehrhart of the 36th, Keen of the 179th and Burkhalter of the 50th:
A BILL to be entitled an Act to amend Code Section 49-5-273 of the Official Code of Georgia Annotated, relating to the creation and operation of the PeachCare for Kids Program, so as to revise the threshold income amount for eligibility for PeachCare to 200 percent of the federal poverty level; 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 49-5-273 of the Official Code of Georgia Annotated, relating to the creation and operation of the PeachCare for Kids Program, so as to revise income eligibility requirements; to provide for continued eligibility of certain existing program participants; to provide that health care services under the PeachCare for Kids Program are substantially the same as under the state employees health insurance plan; to provide for optional dental and vision coverage; to require the Department of Community Health to contract for eligibility verification of all participants; 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 49-5-273 of the Official Code of Georgia Annotated, relating to the creation and operation of the PeachCare for Kids Program, is amended by revising subsections (a), (c), and (l) as follows:
"(a)(1) There is created the PeachCare for Kids Program to provide health care benefits for children in families with income below 235 200 percent of the federal poverty level. On and after June 1, 2007, children Children from birth through 18 years of age in families with family incomes below 235 200 percent of the federal

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poverty level, unless such threshold is revised in accordance with this paragraph, and who are not eligible for medical assistance under Medicaid shall be eligible for the program, to be administered by the department pursuant to federal law and subject to availability of funding. The board shall be authorized, in its sole discretion, to revise the threshold amount of 200 percent of the federal poverty level provided for in this paragraph to an amount between and including 185 to 225 percent. (2) Children in families with income between 200 and 235 percent of the federal poverty level who were enrolled in the program on May 31, 2007, shall remain enrolled in the program so long as eligibility requirements continue to be met, including evidence of United States citizenship and a family income that does not increase to an amount exceeding 235 percent of the federal poverty level." "(c) The program shall offer substantially the same health care services available to dependent children under the state employees health insurance plan established pursuant to Article 1 of Chapter 18 of Title 45. Georgia's Medicaid plan, but coverage Coverage for such services under the program shall not be provided by an expansion of eligibility for medical assistance under Medicaid. However, the program shall exclude nonemergency transportation and targeted case management services. The department shall utilize appropriate medical management and utilization control procedures necessary to manage care effectively and shall prospectively limit enrollment in the program and modify the health care services benefits when the department has reason to believe the cost of such enrollment or services may exceed the availability of funding. The department may offer optional dental and vision coverage to program participants for an additional premium over and above the premiums established pursuant to subsection (e) of this Code section." "(l) The department, through the Department of Administrative Services or any other appropriate entity, may contract for any or all of the following: the collection of premiums, processing of applications, verification of eligibility, outreach, data services, and evaluation, if such contracting achieves administrative or service cost efficiency. The department shall enter into one or more contracts with an appropriate entity or entities for the verification of eligibility of all participants in the program with regard to verification of income and United States citizenship. The department, and other state agencies as appropriate, shall provide necessary information to any entity which has contracted with the department for services related to the administration of the program upon request. For purposes of compliance with Code Section 34-8-125, a request by any entity which has contracted with the department for services related to the administration of the program shall be deemed to be a request by a responsible official of the department and considered to be a request by the department."
SECTION 2. This Act shall become effective on June 1, 2007.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

TUESDAY, MARCH 27, 2007

1475

The following amendment was read and adopted:

Representative Millar of the 79th moves to amend the Committee substitute to HB 340 (LC 33 2036S) by striking "may" on line 12 of page 2 and inserting in its place "shall".

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 N Abrams Y Amerson N Ashe Y Barnard Y Bearden N Beasley-Teague N Benfield Y Benton Y Black Y Bridges N Brooks N Bruce E Bryant N Buckner
Burkhalter Y Burns Y Butler Y Byrd N Carter, A Y Carter, B Y Casas Y Chambers
Channell N Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M N Crawford, R N Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson Y Dollar N Drenner E Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming N Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin N Frazier Y Freeman N Gardner Y Geisinger N Glanton Y Golick N Gordon Y Graves N Greene Y Hamilton N 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 N Hudson N Hugley N Jackson Y Jacobs N James N Jamieson N Jenkins Y Jerguson N Johnson, C E Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R N Levitas Y Lewis Y Lindsey N Lord Y Loudermilk N Lucas Y Lunsford Y Maddox
Mangham Manning N Marin

Y Martin Y Maxwell Y May Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby Y Mumford N Murphy Y Neal Y Nix N Oliver Y O'Neal
Parham Parrish Y Parsons Y Peake N Porter N Powell Y Pruett Ralston N Randall N Reece Y Reese E Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A

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

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On the passage of the Bill, by substitute, as amended, the ayes were 101, nays 63.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Representatives Channell of the 116th and Parrish of the 156th were excused from voting on HB 340.
Representatives Fludd of the 66th, Mangham of the 94th, 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 "nay" thereon.
The Speaker assumed the Chair.
HB 152. By Representatives Lunsford of the 110th, Stephens of the 164th, Mills of the 25th, Coan of the 101st, Hembree of the 67th and others:
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 qualified students who complete a home study course and who score in the ninetieth percentile or higher on a standardized college admission test shall be eligible for the HOPE scholarship; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Part 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 otherwise qualified students who score in the eighty-fifth percentile or higher nationally on a standardized college admission test shall be eligible for the HOPE scholarship; 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 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, is amended by revising subsection (a) of Code Section 20-3-519.2, relating to eligibility requirements for a HOPE scholarship at a public postsecondary institution, as follows:

TUESDAY, MARCH 27, 2007

1477

"(a) To be eligible for a HOPE scholarship, an entering freshman student seeking an associate or baccalaureate degree at an eligible public postsecondary institution shall:
(1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; (2) Meet achievement standards by:
(A) Having graduated from an eligible high school while meeting the curriculum requirements of his or her program of study in 1993 or thereafter and meeting the requirements set out in the applicable subsection and paragraph of Code Section 202-157; or (B) In the case of a student who is otherwise qualified but:
(i) Did not graduate from high school or complete a home study program meeting the requirements of subsection (c) of Code Section 20-2-690, having received the general educational development (GED) diploma awarded by the Georgia Department of Technical and Adult Education after June 30, 1993, provided that such student shall only be eligible for a HOPE scholarship pursuant to subsection (e) of this Code section; (ii) Completed a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 in lieu of graduating from an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such student's freshman year to be paid at the end of the freshman year; or (iii) Graduated from a high school which is not an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such student's freshman year to be paid at the end of the freshman year; and or (C) In the case of an otherwise qualified student who: (i) Did not graduate from high school or complete a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 but received the general educational development (GED) diploma awarded by the Georgia Department of Technical and Adult Education after June 30, 1993; (ii) Completed a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 in lieu of graduating from an eligible high school; or (iii) Graduated from a high school which is not an eligible high school, earning a score in the eighty-fifth percentile or higher nationally on a standardized college admission test, such as the SAT or ACT; and

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(3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status."
SECTION 2. Said part is further amended by revising subsection (a) of Code Section 20-3-519.3, relating to eligibility requirements for a HOPE scholarship at a private postsecondary institution, as follows:
"(a) To be eligible for a HOPE scholarship, an entering freshman student seeking an associate or baccalaureate degree at an eligible private postsecondary institution shall:
(1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission; (2) Meet achievement standards by:
(A) Having graduated from an eligible high school while meeting the curriculum requirements of his or her program of study in 1996 or thereafter and meeting the requirements set out in the applicable paragraph of subsection (b) of Code Section 20-2-157; or (B) In the case of a student who is otherwise qualified but:
(i) Did not graduate from high school or complete a home study program meeting the requirements of subsection (c) of Code Section 20-2-690, having received the general educational development (GED) diploma awarded by the Georgia Department of Technical and Adult Education after June 30, 1993, provided that such student shall only be eligible for a HOPE scholarship pursuant to subsection (e) of this Code section; (ii) Completed a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 in lieu of graduating from an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such student's freshman year to be paid at the end of the freshman year; or (iii) Graduated from a high school which is not an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such student's freshman year to be paid at the end of the freshman year; and or (C) In the case of an otherwise qualified student who: (i) Did not graduate from high school or complete a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 but received the general educational development (GED) diploma awarded by the Georgia Department of Technical and Adult Education after June 30, 1993;

TUESDAY, MARCH 27, 2007

1479

(ii) Completed a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 in lieu of graduating from an eligible high school; or (iii) Graduated from a high school which is not an eligible high school, earning a score in the eighty-fifth percentile or higher nationally on a standardized college admission test, such as the SAT or ACT; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status; and (B) Being registered for and attending classes as at least a half-time student for 14 days or more after the last day of the institution's drop and add period."

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden N Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce E Bryant Y Buckner
Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R

Y Martin Y Maxwell Y May
McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish
Parsons Y Peake Y Porter Y Powell Y Pruett

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

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Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

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

Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y Ralston Y Randall Y Reece Y Reese E Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

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

On the passage of the Bill, by substitute, the ayes were 164, nays 1.

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

HB 118. By Representatives Ehrhart of the 36th, Lane of the 167th, Martin of the 47th and Keen of the 179th:

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 fifth judge of the superior courts of the Brunswick Judicial Circuit and a tenth judge of the superior courts of the Cobb Judicial Circuit; 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 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 for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and withdrawn:

A BILL

To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior court, so as to provide for an additional judge of the superior courts of the Cobb, Dublin, Enotah, and Gwinnett judicial circuits; 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

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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 for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1-1.
Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts, is amended by revising paragraphs (11), (16), (17.1), and (20) to read as follows:
"(11) Cobb Circuit................................................................................................ 9 10" "(16) Dublin Circuit ............................................................................................. 2 3" "(17.1) Enotah Circuit.......................................................................................... 2 3" "(20) Gwinnett Circuit ......................................................................................... 9 10"
PART II SECTION 2-1.
A new judge of the superior court is added to the Cobb Judicial Circuit, thereby increasing to ten the number of judges of said circuit.
SECTION 2-2. The initial judge appointed as provided by this Act shall be appointed by the Governor for a term beginning on the date of his or her appointment and expiring December 31, 2008, and until a successor is elected and qualified. A successor to the initial judge shall be elected in a manner provided by law for the election of judges of the superior courts of this state at the general election in November, 2008, for a term of four years beginning on January 1, 2009, and until the election and qualification of a successor. Future successors shall be elected at the general election each four years thereafter for terms of four years and until the election and qualification of a successor. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in a manner provided by law for the election of judges of the superior courts of this state.
SECTION 2-3. Said additional judge 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 superior court of said circuit may preside over any case therein and perform any official act as judge thereof.

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SECTION 2-4. The compensation, salary, and contingent expense allowance of said additional judge shall be the same as that of the other judges of the superior court of the Cobb Judicial Circuit. Any salary supplements paid by the county of said circuit shall also be applicable to the additional judge provided for in this Act.
SECTION 2-5. Except as expressly stated, this Act shall not be construed to alter or repeal any provision of any local Act relating to the Cobb Judicial Circuit.
PART III SECTION 3-1.
One additional judge of the superior courts is added to the Dublin Judicial Circuit, thereby increasing to three the number of judges of said circuit.
SECTION 3-2. Said additional judge shall be appointed by the Governor for a term of office beginning on the date of his or her appointment 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 general election in November, 2008, for a term of four years beginning on the first day of January, 2009, and until his or her successor is elected and qualified. Future successors shall be elected at the general 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. Such elections shall be held and conducted in the manner provided by law for the election of judges of the superior courts of this state.
SECTION 3-3. Every person who offers for nomination and election as one of the judges of said superior courts of the Dublin Judicial Circuit of Georgia shall designate with the proper authority in all elections the specific place for which he or she offers by naming the incumbent judge whom he or she desires to succeed; and thereupon he or she shall be qualified, if otherwise qualified, to run for said specific judgeship and no other. In the event there is no incumbent judge in the place for which he or she desires to offer, the candidate shall qualify by announcing his or her intention to run for the office for which there is no incumbent.
SECTION 3-4. The additional judge of the superior courts of the Dublin Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities

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of the present judges of the superior courts of this state. Any of the judges of the Dublin Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.
SECTION 3-5. The qualifications of such additional judge and his or her successors shall be the same as are now provided by law for all other superior court judges; and his or her compensation, salary, and expense allowance shall be the same as that of the other judges of the superior courts of the Dublin Judicial Circuit. The provisions, if any, heretofore enacted for the supplementation by the counties of said circuit of the salary of the judge of the superior courts of the Dublin Judicial Circuit shall also be applicable to the additional judge provided for by this Act.
SECTION 3-6. All writs and processes in the superior courts of the Dublin Judicial Circuit shall be returnable to the terms of said superior court 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 coequal in jurisdiction and authority to attend to 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 3-7. The three judges of the superior courts of the Dublin Judicial Circuit of Georgia in transacting the business of said courts and in performing their duties and responsibilities shall share, divide, and allocate the work and duties to be performed by each. In the event of any disagreement among said judges in any respect hereof, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. The judge with the longest period of time of service shall be the senior judge. The chief judge shall have the right to appoint referees of the juvenile courts of the counties comprising said circuit; and, in the event a juvenile court is established in any of said counties within said circuit, as provided by law, the chief judge shall appoint the judge of said court as provided by law. The three judges of the superior courts of the Dublin Judicial Circuit shall have, and they are clothed with, full power, authority, and discretion to determine from time to time, and term to term, the manner of calling the dockets and fixing the calendars and order of business in said courts. They may assign to one of said judges the hearing of trials by jury for a term, and the hearing of all other matters not requiring a trial by a jury to one of 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 said circuit, or they may hear chambers business and motion business at the same time at any place within said circuit. They may provide in all respects for holding the superior courts of said circuit so as to facilitate the hearing and determination

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of all the business of said courts at any time pending and ready for trial or hearing. In all such matters relating to the manner of fixing, arranging for, and disposing of the business of said 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 shall control.
SECTION 3-8. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by each of the judges of the superior courts of said circuit; and they, or each 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 each of said judges separately or before each of them at the same time.
SECTION 3-9. The three judges of the Dublin Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law.
SECTION 3-10. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Dublin Judicial Circuit may bear teste in the name of any judge of the Dublin 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 court may preside over any cause therein and perform any official act as judge thereof.
SECTION 3-11. Upon request of any judge of the circuit, the governing authorities of the counties comprising the Dublin 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 herein are declared to be an expense of 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 Enotah Judicial Circuit, thereby increasing to three the number of judges of said circuit.
SECTION 4-2. Said additional judge shall be appointed by the Governor for a term beginning July 1, 2007, and continuing through December 31, 2008, and until his or her successor is elected and qualified. His or her successor shall be elected in the manner provided by

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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 Enotah 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 Enotah 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 counties of the superior courts of the Enotah 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 Enotah 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 Enotah 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 4-6. Upon and after qualification of the additional judge of the superior court of the Enotah 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

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senior judge in point of service, who shall be known as the chief judge, shall be controlling.
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 three judges of the Enotah 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 Enotah Judicial Circuit may bear teste in the name of any judge of the Enotah 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 Enotah 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 V SECTION 5-1.
The additional judge of the superior court of the Gwinnett Judicial Circuit provided for in this Act shall be appointed by the Governor for a term beginning July 1, 2007, and expiring December 31, 2008, and until a successor is elected and qualified. At the nonpartisan judicial election to be held in 2008, there shall be elected a successor to the first additional judge appointed as provided for above, and he or she shall take office on the first day of January, 2009, and serve for a term of office of four years and until a successor is duly elected and qualified. All subsequent successors to such judge shall be elected at the nonpartisan judicial election conducted in the year in which the term of office shall expire for a term of four years and until his or her successor is duly elected

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and qualified. Said elections shall be held and conducted as is now or may hereafter be provided by law for the election of judges of the superior courts of the State of Georgia.
SECTION 5-2. The additional judge of the superior court of the Gwinnett Judicial Circuit shall have and may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of said court may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.
SECTION 5-3. The compensation, salary, and contingent expense allowance of said additional judge of the superior court of the Gwinnett Judicial Circuit shall be the same as that of other judges of the superior courts of Georgia. The additional judge shall also be paid a county supplement by the county comprising said circuit in the same manner and to the same extent as the present superior court judges of said circuit are paid.
SECTION 5-4. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior court of the Gwinnett Judicial Circuit may bear teste in the name of any judge of said circuit and, when issued by and in the name of any of said judges of said circuit, shall be fully valid and may be held and determined before any judge of said circuit.
SECTION 5-5. Upon and after qualification of the additional judge of the superior court of the Gwinnett Judicial Circuit, the ten judges of said court shall be authorized to adopt, promulgate, amend, and enforce such rules of 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 divide and allocate the work and duties to be performed by each. In the event of a disagreement between or among said judges affecting the duties and responsibilities of the judges of the superior court of the Gwinnett Judicial Circuit, the decision of the senior judge in term of current continuous, uninterrupted service shall be controlling.
SECTION 5-6. The judge of said court, senior in term of current continuous, uninterrupted service as a judge of the superior court, shall be the presiding judge of said court in whom shall be vested the power to make all appointments whenever the law provides for the superior court judge to make appointments, except as herein provided.
SECTION 5-7. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior court of said circuit; and any such judge of the superior court

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of said circuit shall have full power and authority to draw and impanel jurors for service in said court so as to have jurors for the trial of cases before each of said judges separately or before each of them at the same time.
SECTION 5-8. The ten judges of the superior court of the Gwinnett Judicial Circuit shall be authorized and empowered to employ an additional court reporter for such duties and for such compensation as such judges see fit, up to and including, but not exceeding, the remuneration of the present court reporters of the Gwinnett Judicial Circuit as the same is now fixed or may hereafter be fixed.
SECTION 5-9. The governing authority of the county comprising the Gwinnett Judicial Circuit is fully authorized and empowered to provide suitable courtrooms, jury rooms, and chambers for the ten judges of the superior court of the Gwinnett Judicial Circuit upon the recommendation of said judges.
PART VI SECTION 6-1.
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 6-2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6-3. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representative Willard of the 49th, was read 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 an additional judge of the superior courts of the Cobb, Cordele, Dublin, Enotah, and Gwinnett judicial circuits; 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

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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 for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Part I SECTION 1-1.
Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts, is amended by revising paragraphs (11), (13), (16), (17.1), and (20) to read as follows:
"(11) Cobb Circuit................................................................................................. 9 10" "(13) Cordele Circuit............................................................................................. 2 3" "(16) Dublin Circuit .............................................................................................. 2 3" "(17.1) Enotah Circuit........................................................................................... 2 3" "(20) Gwinnett Circuit .......................................................................................... 9 10"
Part II SECTION 2-1.
A new judge of the superior court is added to the Cobb Judicial Circuit, thereby increasing to ten the number of judges of said circuit.
SECTION 2-2. The initial judge appointed as provided by this Act shall be appointed by the Governor for a term beginning on the date of his or her appointment and expiring December 31, 2008, and until a successor is elected and qualified. A successor to the initial judge shall be elected in a manner provided by law for the election of judges of the superior courts of this state at the general election in November, 2008, for a term of four years beginning on January 1, 2009, and until the election and qualification of a successor. Future successors shall be elected at the general election each four years thereafter for terms of four years and until the election and qualification of a successor. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in a manner provided by law for the election of judges of the superior courts of this state.
SECTION 2-3. Said additional judge 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

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of the judges of the superior court of said circuit may preside over any case therein and perform any official act as judge thereof.
SECTION 2-4. The compensation, salary, and contingent expense allowance of said additional judge shall be the same as that of the other judges of the superior court of the Cobb Judicial Circuit. Any salary supplements paid by the county of said circuit shall also be applicable to the additional judge provided for in this Act.
SECTION 2-5. Except as expressly stated, this Act shall not be construed to alter or repeal any provision of any local Act relating to the Cobb Judicial Circuit.
Part III SECTION 3-1.
One additional judge of the superior courts is added to the Cordele Judicial Circuit, thereby increasing to three 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, 2008, and continuing through December 31, 2008, and until his or her successor is elected and qualified. 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 Cordele 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.
SECTION 3-4. The compensation, salary, and contingent expense allowance of the additional Judge of the Superior Court for the Cordele Judicial Circuit of Georgia from the State of Georgia shall be the same as that of other judges of the superior courts of Georgia.
SECTION 3-5. Upon and after qualification of the additional judge of the superior court of the Cordele Judicial Circuit, the three judges of said court may adopt, promulgate, amend, and

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enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement among the judges in respect hereof, the decision of the senior judge in point of service shall be controlling.
SECTION 3-6. The judge of the court, senior in term of continuous service, shall be the presiding judge of the court, in whom is to vest the power to make all appointments whenever the law provides for the superior court judge to make appointments.
SECTION 3-7. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Cordele Judicial Circuit may bear teste in the name of any judge of the Cordele 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.
Part IV SECTION 4-1.
One additional judge of the superior courts is added to the Dublin Judicial Circuit, thereby increasing to three the number of judges of said circuit.
SECTION 4-2. Said additional judge shall be appointed by the Governor for a term of office beginning on the date of his or her appointment 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 general election in November, 2008, for a term of four years beginning on the first day of January, 2009, and until his or her successor is elected and qualified. Future successors shall be elected at the general 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. Such elections shall be held and conducted in the manner provided by law for the election of judges of the superior courts of this state.

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SECTION 4-3. Every person who offers for nomination and election as one of the judges of said superior courts of the Dublin Judicial Circuit of Georgia shall designate with the proper authority in all elections the specific place for which he or she offers by naming the incumbent judge whom he or she desires to succeed; and thereupon he or she shall be qualified, if otherwise qualified, to run for said specific judgeship and no other. In the event there is no incumbent judge in the place for which he or she desires to offer, the candidate shall qualify by announcing his or her intention to run for the office for which there is no incumbent.
SECTION 4-4. The additional judge of the superior courts of the Dublin 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 Dublin 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 4-5. The qualifications of such additional judge and his or her successors shall be the same as are now provided by law for all other superior court judges; and his or her compensation, salary, and expense allowance shall be the same as that of the other judges of the superior courts of the Dublin Judicial Circuit. The provisions, if any, heretofore enacted for the supplementation by the counties of said circuit of the salary of the judge of the superior courts of the Dublin Judicial Circuit shall also be applicable to the additional judge provided for by this Act.
SECTION 4-6. All writs and processes in the superior courts of the Dublin Judicial Circuit shall be returnable to the terms of said superior court 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 coequal in jurisdiction and authority to attend to 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 4-7. The three judges of the superior courts of the Dublin Judicial Circuit of Georgia in transacting the business of said courts and in performing their duties and responsibilities shall share, divide, and allocate the work and duties to be performed by each. In the event of any disagreement among said judges in any respect hereof, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. The judge with the longest period of time of service shall be the senior judge. The chief judge

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shall have the right to appoint referees of the juvenile courts of the counties comprising said circuit; and, in the event a juvenile court is established in any of said counties within said circuit, as provided by law, the chief judge shall appoint the judge of said court as provided by law. The three judges of the superior courts of the Dublin Judicial Circuit shall have, and they are clothed with, full power, authority, and discretion to determine from time to time, and term to term, the manner of calling the dockets and fixing the calendars and order of business in said courts. They may assign to one of said judges the hearing of trials by jury for a term, and the hearing of all other matters not requiring a trial by a jury to one of 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 said circuit, or they may hear chambers business and motion business at the same time at any place within said circuit. They may provide in all respects for holding the superior courts of said circuit so as to facilitate the hearing and determination of all the business of said courts at any time pending and ready for trial or hearing. In all such matters relating to the manner of fixing, arranging for, and disposing of the business of said 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 shall control.
SECTION 4-8. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by each of the judges of the superior courts of said circuit; and they, or each 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 each of said judges separately or before each of them at the same time.
SECTION 4-9. The three judges of the Dublin 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 4-10. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Dublin Judicial Circuit may bear teste in the name of any judge of the Dublin 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 court may preside over any cause therein and perform any official act as judge thereof.
SECTION 4-11. Upon request of any judge of the circuit, the governing authorities of the counties comprising the Dublin Judicial Circuit are authorized to furnish the judges of said circuit with suitable courtrooms and facilities, office space, telephones, furniture, office

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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 herein are declared to be an expense of 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 Enotah 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, 2008, and continuing through December 31, 2008, and until his or her successor is elected and qualified. 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 5-3. The additional judge of the superior courts of the Enotah 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 Enotah 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 counties of the superior courts of the Enotah 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 Enotah 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 Enotah 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

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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 Enotah 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 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 Enotah 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 Enotah Judicial Circuit may bear teste in the name of any judge of the Enotah 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 authorities of the counties comprising the Enotah 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.

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Part VI SECTION 6-1.
The additional judge of the superior court of the Gwinnett Judicial Circuit provided for in this Act shall be appointed by the Governor for a term beginning January 1, 2008, and expiring December 31, 2008, and until a successor is elected and qualified. At the nonpartisan judicial election to be held in 2008, there shall be elected a successor to the first additional judge appointed as provided for above, and he or she shall take office on the first day of January, 2009, and serve for a term of office of four years and until a successor is duly elected and qualified. All subsequent successors to such judge shall be elected at the nonpartisan judicial election conducted in the year in which the term of office shall expire for a term of four years and until his or her successor is duly elected and qualified. Said elections shall be held and conducted as is now or may hereafter be provided by law for the election of judges of the superior courts of the State of Georgia.
SECTION 6-2. The additional judge of the superior court of the Gwinnett Judicial Circuit shall have and may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of said court may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.
SECTION 6-3. The compensation, salary, and contingent expense allowance of said additional judge of the superior court of the Gwinnett Judicial Circuit shall be the same as that of other judges of the superior courts of Georgia. The additional judge shall also be paid a county supplement by the county comprising said circuit in the same manner and to the same extent as the present superior court judges of said circuit are paid.
SECTION 6-4. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior court of the Gwinnett Judicial Circuit may bear teste in the name of any judge of said circuit and, when issued by and in the name of any of said judges of said circuit, shall be fully valid and may be held and determined before any judge of said circuit.
SECTION 6-5. Upon and after qualification of the additional judge of the superior court of the Gwinnett Judicial Circuit, the ten judges of said court shall be authorized to adopt, promulgate, amend, and enforce such rules of 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 divide and allocate the work and duties to be performed by each. In the event of a disagreement between or among said judges

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affecting the duties and responsibilities of the judges of the superior court of the Gwinnett Judicial Circuit, the decision of the senior judge in term of current continuous, uninterrupted service shall be controlling.
SECTION 6-6. The judge of said court, senior in term of current continuous, uninterrupted service as a judge of the superior court, shall be the presiding judge of said court in whom shall be vested the power to make all appointments whenever the law provides for the superior court judge to make appointments, except as herein provided.
SECTION 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 any such judge of the superior court of said circuit shall have full power and authority to draw and impanel jurors for service in said court so as to have jurors for the trial of cases before each of said judges separately or before each of them at the same time.
SECTION 6-8. The ten judges of the superior court of the Gwinnett Judicial Circuit shall be authorized and empowered to employ an additional court reporter for such duties and for such compensation as such judges see fit, up to and including, but not exceeding, the remuneration of the present court reporters of the Gwinnett Judicial Circuit as the same is now fixed or may hereafter be fixed.
SECTION 6-9. The governing authority of the county comprising the Gwinnett Judicial Circuit is fully authorized and empowered to provide suitable courtrooms, jury rooms, and chambers for the ten judges of the superior court of the Gwinnett Judicial Circuit upon the recommendation of said judges.
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. This Act shall become effective upon its 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.

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

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

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce E Bryant Y Buckner
Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas 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
McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston
Randall Y Reece Y Reese E Rice Y Roberts Y Rogers Y Royal
Rynders Sailor Y Scott, A

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M
Williams, R Y Wix E 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 471. By Representatives Stephens of the 164th, McCall of the 30th and Rynders of the 152nd:

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A BILL to be entitled an Act to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other government entities, so as to prohibit local governments from requiring transfer of the ownership of privately constructed water or sewage systems under certain conditions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL
To amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other government entities, so as to prohibit local governments from requiring transfer of the ownership of privately constructed water or sewage systems under certain conditions; to provide for a sunset provision; 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 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other government entities, is amended by adding a new Code section to read as follows:
"36-80-21. (a) Notwithstanding any other provision of law to the contrary, no municipal corporation, county, or local authority except those within the Metropolitan North Georgia Water Planning District area shall require the transfer of ownership of a privately constructed water or sewage system that is not to be connected to a publicly owned water or sewage system of said governmental entity; nor shall such governmental entity require such transfer of ownership as a condition for the approval or issuance of local permits if the privately constructed water or sewer system is owned and operated by a company issued a permit by the Environmental Protection Division of the Department of Natural Resources whose primary business is the management and operation of such systems. (b) All publicly owned existing water or sewage systems with at least 200 active connections as of January 1, 2007, are exempt from the provisions of this Code section. The required transfer of ownership shall also be allowed if the privately constructed water or sewage system is within a mile of a governmentally owned water or sewage system. The director of the Environmental Protection Division of the Department of Natural Resources may require connection and transfer of ownership of such systems for issues of public health and environmental quality.

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(c) This Code section shall stand repealed on January 1, 2009."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Jerguson of the 22nd and Stephens of the 164th move to amend the Committee substitute to HB 471 as follows:

Delete line 24 and 25 Change line 24 and 25 to the following:

The required transfer of ownership shall also be allowed if the new privately constructed water or sewage system, not including private septic systems or wells, is within a mile of a governmentally owned water or sewage system.

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 N Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce E Bryant Y Buckner
Burkhalter Y Burns Y Butler

Y Dempsey Y Dickson
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 Frazier Y Freeman
Gardner

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T
Jones, J Y Jones, S Y Jordan Y Kaiser

Y Martin Y Maxwell Y May
McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal

Y Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr

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Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell
Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Keen Y Keown Y Knight Y Knox Y Lakly
Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese E Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the passage of the Bill, by substitute, as amended, the ayes were 160, nays 1.

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

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.

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 306. By Senators Shafer of the 48th, Moody of the 56th and Hill of the 32nd:

A BILL to be entitled an Act to create the Greater Fulton Water 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, 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 provide

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for severability and other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
SB 312. By Senators Shafer of the 48th, Hill of the 32nd and Reed of the 35th:
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.
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 369. By Representatives Rice of the 51st, Lindsey of the 54th, Ehrhart of the 36th, Manning of the 32nd, Butler of the 18th and others:
A BILL to be entitled an Act to provide for legislative findings; to amend Article 2 of Chapter 6 of Title 5 and Chapter 9 of Title 19 of the O.C.G.A., relating to appellate practice and child custody proceedings, respectively, so as to provide for changes in child custody proceedings; to provide for direct appeals in all domestic relations cases; to provide for a parenting plan in child custody cases and the procedure therefor; to provide factors in determining the best interests of the child; to provide for written findings of fact in child custody proceedings; to remove the right of a 14 year old to select a custodial parent; to provide for attorney's fees and expenses of litigation in child custody proceedings; to provide for binding arbitration; to amend Code Section 19-7-22 of the O.C.G.A., relating to petition for legitimation of child, so as to correct a cross-reference; 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 withdrawn:
A BILL
To provide for legislative findings; to amend Article 2 of Chapter 6 of Title 5 and Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to appellate practice and child custody proceedings, respectively, so as to provide for changes in child custody proceedings; to provide for direct appeals in certain domestic relations cases; to provide for a parenting plan in child custody cases and the procedure therefor; to provide factors in determining the best interests of the child; to provide for written findings of fact in child custody proceedings; to remove the right of a 14 year old to select a

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custodial parent; to provide for attorney's fees and expenses of litigation in child custody proceedings; to provide for binding arbitration; to amend Code Section 19-7-22 of the Official Code of Georgia Annotated, relating to petition for legitimation of child, so as to correct a cross-reference; 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. The General Assembly of Georgia declares that it is the policy of this state to assure that minor children have frequent and continuing contact with parents who have shown the ability to act in the best interests of their children and to encourage parents to share in the rights and responsibilities of rearing their children after the parents have separated or dissolved their marriage or relationship.
SECTION 2. Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, is amended by revising subsection (a) of Code Section 5-6-34, relating to judgments and rulings deemed directly appealable, as follows:
"(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; (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; (7) All judgments or orders granting or refusing to grant mandamus or any other extraordinary remedy, except with respect to temporary restraining orders; (8) All judgments or orders refusing applications for dissolution of corporations created by the superior courts; (9) All judgments or orders sustaining motions to dismiss a caveat to the probate of a will; and (10) All judgments or orders entered pursuant to subsection (c) of Code Section 1710-6.2; and

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(11) All judgments or orders in child custody cases including, but not limited to, awarding or refusing to change child custody or holding or declining to hold persons in contempt of such child custody judgment or orders."
SECTION 3. Said article is further amended by revising subsection (a) of Code Section 5-6-35, relating to cases requiring application for appeal, as follows:
"(a) Appeals in the following cases shall be taken as provided in this Code section: (1) Appeals from decisions of the superior courts reviewing decisions of the State Board of Workers Compensation, the State Board of Education, auditors, state and local administrative agencies, and lower courts by certiorari or de novo proceedings; provided, however, that this provision shall not apply to decisions of the Public Service Commission and probate courts and to cases involving ad valorem taxes and condemnations; (2) Appeals from judgments or orders in divorce, alimony, child custody, and other domestic relations cases including, but not limited to, granting or refusing a divorce or temporary or permanent alimony, awarding or refusing to change child custody, or holding or declining to hold persons in contempt of such alimony or child custody judgment or orders; (3) Appeals from cases involving distress or dispossessory warrants in which the only issue to be resolved is the amount of rent due and such amount is $2,500.00 or less; (4) Appeals from cases involving garnishment or attachment, except as provided in paragraph (5) of subsection (a) of Code Section 5-6-34; (5) Appeals from orders revoking probation; (6) Appeals in all actions for damages in which the judgment is $10,000.00 or less; (7) Appeals, when separate from an original appeal, from the denial of an extraordinary motion for new trial; (8) Appeals from orders under subsection (d) of Code Section 9-11-60 denying a motion to set aside a judgment or under subsection (e) of Code Section 9-11-60 denying relief upon a complaint in equity to set aside a judgment; (9) Appeals from orders granting or denying temporary restraining orders; (10) Appeals from awards of attorney's fees or expenses of litigation under Code Section 9-15-14; and (11) Appeals from decisions of the state courts reviewing decisions of the magistrate courts by de novo proceedings so long as the subject matter is not otherwise subject to a right of direct appeal."
SECTION 4. Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, is amended by revising in its entirety Article 1, relating to general provisions, as follows:
"ARTICLE 1

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19-9-1. (a)(1) In all cases in which a divorce is granted, the party not in default shall be entitled to the custody of the minor children of the marriage. However, in all cases in which a divorce is granted, an application for divorce is pending, or a change in custody of a minor child is sought, the court, in the exercise of a sound discretion, may look into all the circumstances of the parties, including improvement of the health of a party seeking a change in custody provisions, and, after hearing both parties, may make a different disposition of the children, placing them, if necessary, in possession of guardians appointed by the judge of the probate court. (2) In addition to other factors that a court may consider in a proceeding in which the custody of a child or visitation by a parent is at issue and in which the court has made a finding of family violence: (A) The court shall consider as primary the safety and well-being of the child and of the parent who is the victim of family violence; (B) The court shall consider the perpetrator's history of causing physical harm, bodily injury, assault, or causing reasonable fear of physical harm, bodily injury, or assault to another person; (C) If a parent is absent or relocates because of an act of domestic violence by the other parent, such absence or relocation for a reasonable period of time in the circumstances shall not be deemed an abandonment of the child or children for the purposes of custody determination; and (D) The court shall not refuse to consider relevant or otherwise admissible evidence of acts of family violence merely because there has been no previous finding of family violence. The court may, in addition to other appropriate actions, order supervised visitation pursuant to Code Section 19-9-7. (3)(A) In all cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he or she desires to live. The child's selection shall be controlling, unless the parent so selected is determined not to be a fit and proper person to have the custody of the child. (B) In all cases in which the child has reached the age of at least 11 but not 14 years, the court shall consider the desires, if any, and educational needs of the child in determining which parent shall have custody. The court shall have complete discretion in making this determination, and the child's desires are not controlling. The court shall further have broad discretion as to how the child's desires are to be considered, including through the report of a guardian ad litem. The best interest of the child standard shall be controlling. (C) The desire of a child who has reached the age of 11 years but not 14 years shall not, in and of itself, constitute a material change of conditions or circumstances in any action seeking a modification or change in the custody of that child. (D) The court may issue an order granting temporary custody to the selected parent for a trial period not to exceed six months regarding the custody of a child who has

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reached the age of at least 11 years where the judge hearing the case determines such a temporary order is appropriate. (b) In any case in which a judgment awarding the custody of a minor has been entered, on the motion of any party or on the motion of the court, that portion of the judgment effecting visitation rights between the parties and their minor children may be subject to review and modification or alteration without the necessity of any showing of a change in any material conditions and circumstances of either party or the minor, provided that the review and modification or alteration shall not be had more often than once in each two-year period following the date of entry of the judgment. However, this subsection shall not limit or restrict the power of the court to enter a judgment relating to the custody of a minor in any new proceeding based upon a showing of a change in any material conditions or circumstances of a party or the minor. (c)(1) In any case in which a judgment awarding the custody of a minor has been entered, the court entering such judgment shall retain jurisdiction of the case for the purpose of ordering the custodial parent to notify the court of any changes in the residence of the child. (2) In any case in which visitation rights have been provided to the noncustodial parent and the court orders that the custodial parent provide notice of a change in address of the place for pickup and delivery of the child for visitation, the custodial parent shall notify the noncustodial parent, in writing, of any change in such address. Such written notification shall provide a street address or other description of the new location for pickup and delivery so that the noncustodial parent may exercise such parent's visitation rights. (3) Except where otherwise provided by court order, in any case under this subsection in which a parent changes his or her residence, he or she must give notification of such change to the other parent and, if the parent changing residence is the custodial parent, to any other person granted visitation rights under this title or a court order. Such notification shall be given at least 30 days prior to the anticipated change of residence and shall include the full address of the new residence. (d) In the event of any conflict between this Code section and Article 3 of this chapter, Article 3 shall apply. (a) Except when a parent seeks emergency relief for family violence pursuant to Code Section 19-13-3 or 19-13-4, in all cases in which the custody of any child is at issue between the parents, each parent shall prepare a parenting plan or the parties may jointly submit a parenting plan. It shall be in the judge's discretion as to when a party shall be required to submit a parenting plan to the judge. A parenting plan shall be required for permanent custody and modification actions and in the judge's discretion may be required for temporary hearings. The final decree in any legal action involving the custody of a child, including modification actions, shall incorporate a permanent parenting plan. (b)(1) Unless otherwise ordered by the judge, a parenting plan shall include the following:

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(A) A recognition that a close and continuing parent-child relationship and continuity in the child's life will be in the child's best interest; (B) A recognition that the child's needs will change and grow as the child matures and demonstrate that the parents will make an effort to parent that takes this issue into account so that future modifications to the parenting plan are minimized; (C) A recognition that a parent with physical custody will make day-to-day decisions and emergency decisions while the child is residing with such parent; and (D) That both parents will have access to all of the child's records and information, including, but not limited to, education, health, extracurricular activities, and religious communications. (2) Unless otherwise ordered by the judge, or agreed upon by the parties, a parenting plan shall include, but not be limited to: (A) Where and when a child will be in each parent's physical care, designating where the child will spend each day of the year; (B) How holidays, birthdays, vacations, school breaks, and other special occasions will be spent with each parent including the time of day that each event will begin and end; (C) Transportation arrangements including how the child will be exchanged between the parents, the location of the exchange, how the transportation costs will be paid, and any other matter relating to the child spending time with each parent; (D) Whether supervision will be needed for any parenting time and, if so, the particulars of the supervision; (E) An allocation of decision-making authority to one or both of the parents with regard to the child's education, health, extracurricular activities, and religious upbringing, and if the parents agree the matters should be jointly decided, how to resolve a situation in which the parents disagree on resolution; and (F) What, if any, limitations will exist while one parent has physical custody of the child in terms of the other parent contacting the child and the other parent's right to access education, health, extracurricular activity, and religious information regarding the child. (c) If the parties cannot reach agreement on a permanent parenting plan, each party shall file and serve a proposed parenting plan on or before the date set by the judge. Failure to comply with filing a parenting plan may result in the judge adopting the plan of the opposing party if the judge finds such plan to be in the best interests of the child.
19-9-1.1. In all proceedings under this article, it shall be expressly permissible for the parents of a child to agree to binding arbitration on the issue of child custody and matters relative to visitation and a parenting plan. The parents may select their arbiter and decide which issues will be resolved in binding arbitration. The arbiter's decisions shall be incorporated into a final decree awarding child custody unless the judge makes specific written factual findings that under the circumstances of the parents and the child the

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arbiter's award would not be in the best interests of the child. In its judgment, the judge may supplement the arbiter's decision on issues not covered by the binding arbitration.
19-9-2. Upon the death of either parent, the survivor is entitled to custody of the child; provided, however, that the court judge, upon petition, may exercise discretion as to the custody of the child, looking solely to the child's best interest and welfare.
19-9-3. (a)(1) In all cases in which the custody of any minor child or children is at issue between the parents, there shall be no prima-facie right to the custody of the child or children in the father or mother. There shall be no presumption in favor of any particular form of custody, legal or physical, nor in favor of either parent. Joint custody may be considered as an alternative form of custody by the judge and the judge at any temporary or permanent hearing may grant sole custody, joint custody, joint legal custody, or joint physical custody as appropriate. (2) The court judge hearing the issue of custody, in exercise of its sound discretion, may shall make a determination of custody of a child and such matter shall not be decided by a jury. The judge may take into consideration all the circumstances of the case, including the improvement of the health of the party seeking a change in custody provisions, in determining to whom custody of the child or children should be awarded. The duty of the court judge in all such cases shall be to exercise its discretion to look to and determine solely what is for the best interest of the child or children and what will best promote their the child's welfare and happiness and to make its his or her award accordingly. (3) In determining the best interests of the child, the judge may consider any relevant factor including, but not limited to: (A) The love, affection, bonding, and emotional ties existing between each parent and the child; (B) The capacity and disposition of each parent to give the child love, affection, and guidance and to continue the education and rearing of the child; (C) Each parent's knowledge and familiarity of the child and the child's needs; (D) The capacity and disposition of each parent to provide the child with food, clothing, medical care, day-to-day needs, and other necessary basic care, with consideration made for the potential payment of child support by the other parent; (E) The home environment of each parent considering the promotion of nurturance and safety of the child rather than superficial or material factors; (F) The importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity; (G) The stability of the family unit of each of the parents and the presence or absence of each parent's support systems within the community to benefit the child; (H) The mental and physical health of each parent;

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(I) Each parent's involvement, or lack thereof, in the child's education, social, and extracurricular activities; (J) Each parent's employment schedule and the related flexibility or limitations, if any, of a parent to care for the child; (K) The home, school, and community record and history of the child, as well as any health or educational special needs of the child; (L) Each parent's past performance and relative abilities for future performance of parenting responsibilities; (M) The willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent, consistent with the best interest of the child; (N) Any recommendation by a court appointed custody evaluator or guardian ad litem; (O) Any evidence of family violence or sexual, mental, or physical child abuse or criminal history of either parent; and (P) Any evidence of substance abuse by either parent. (4) In addition to other factors that a court judge may consider in a proceeding in which the custody of a child or visitation by a parent is at issue and in which the court judge has made a finding of family violence: (A) The court judge shall consider as primary the safety and well-being of the child and of the parent who is the victim of family violence; (B) The court judge shall consider the perpetrator's history of causing physical harm, bodily injury, assault, or causing reasonable fear of physical harm, bodily injury, or assault to another person; (C) If a parent is absent or relocates because of an act of domestic violence by the other parent, such absence or relocation for a reasonable period of time in the circumstances shall not be deemed an abandonment of the child or children for the purposes of custody determination; and (D) The court judge shall not refuse to consider relevant or otherwise admissible evidence of acts of family violence merely because there has been no previous finding of family violence. The court judge may, in addition to other appropriate actions, order supervised visitation pursuant to Code Section 19-9-7. (4) In all custody cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he or she desires to live. The child's selection shall be controlling unless the parent so selected is determined not to be a fit and proper person to have the custody of the child. (4.1)(5) In all custody cases in which the child has reached the age of at least 11 but not 14 years, the court judge shall consider the desires and educational needs of the child in determining which parent shall have custody. The child's selection shall not be controlling. The best interests of the child standard shall apply. The judge shall have complete discretion in making this determination, and the child's desires shall not be controlling. The judge shall further have broad discretion as to how the child's desires are to be considered, including through the report of a guardian ad litem. The

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best interests of the child standard shall be controlling. The desire of a child who has reached the age of 11 years shall not, in and of itself, constitute a material change of conditions or circumstances in any action seeking a modification or change in the custody of that child. The judge may issue an order granting temporary custody to the selected parent for a trial period not to exceed six months regarding the custody of a child who has reached the age of 11 years where the judge hearing the case determines such a temporary order is appropriate. (5) Joint custody, as defined by Code Section 19-9-6, may be considered as an alternative form of custody by the court. This provision allows a court at any temporary or permanent hearing to grant sole custody, joint custody, joint legal custody, or joint physical custody where appropriate. (6) The court judge is authorized to order a psychological custody evaluation of the family or an independent medical evaluation. In addition to the privilege afforded a witness, neither a court appointed custody evaluator nor a court appointed guardian ad litem shall be subject to civil liability resulting from any act or failure to act in the performance of his or her duties unless such act or failure to act was in bad faith. (7) If requested by any party on or before the close of evidence in a contested hearing, the permanent court order awarding child custody shall set forth specific findings of fact as to the basis for the judge's decision in making an award of custody including any relevant factor relied upon by the judge as set forth in paragraph (3) of this subsection. Such order shall set forth in detail why the court awarded custody in the manner set forth in the order and, if joint legal custody is awarded, a manner in which final decision making on matters affecting the child's education, health, extracurricular activities, religion, and any other important matter shall be decided. Such order shall be filed within 30 days of the final hearing in the case, unless extended by order of the judge with the agreement of the parties. (b) In any case in which a judgment awarding the custody of a minor child has been entered, on the motion of any party or on the motion of the court judge, that portion of the judgment effecting visitation rights between the parties and their minor children child may be subject to review and modification or alteration without the necessity of any showing of a change in any material conditions and circumstances of either party or the minor child, provided that the review and modification or alteration shall not be had more often than once in each two-year period following the date of entry of the judgment. However, this subsection shall not limit or restrict the power of the court judge to enter a judgment relating to the custody of a minor child in any new proceeding based upon a showing of a change in any material conditions or circumstances of a party or the minor child. (c) In the event of any conflict between this Code section and any provision of Article 3 of this chapter, Article 3 shall apply. (d) It is the express policy of this state to encourage that a minor child has continuing contact with parents and grandparents who have shown the ability to act in the best interest of the child and to encourage parents to share in the rights and responsibilities

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of raising their children child after such parents have separated or dissolved their marriage or relationship. (e) Upon the filing of an action for a change of child custody, the court judge may in its his or her discretion change the terms of custody on a temporary basis pending final judgment on such issue. Any such award of temporary custody shall not constitute an adjudication of the rights of the parties.
(f)(1) In any case in which a judgment awarding the custody of a child has been entered, the court entering such judgment shall retain jurisdiction of the case for the purpose of ordering the custodial parent to notify the court of any changes in the residence of the child. (2) In any case in which visitation rights have been provided to the noncustodial parent and the court orders that the custodial parent provide notice of a change in address of the place for pickup and delivery of the child for visitation, the custodial parent shall notify the noncustodial parent, in writing, of any change in such address. Such written notification shall provide a street address or other description of the new location for pickup and delivery so that the noncustodial parent may exercise such parent's visitation rights. (3) Except where otherwise provided by court order, in any case under this subsection in which a parent changes his or her residence, he or she must give notification of such change to the other parent and, if the parent changing residence is the custodial parent, to any other person granted visitation rights under this title or a court order. Such notification shall be given at least 30 days prior to the anticipated change of residence and shall include the full address of the new residence. (g) Except as provided in Code Section 19-6-2, and in addition to the attorney's fee provisions contained in Code Section 19-6-15, the judge may order reasonable attorney's fees and expenses of litigation, experts, and the child's guardian ad litem and other costs of the child custody action and pretrial proceedings to be paid by the parties in proportions and at times determined by the judge. Attorney's fees may be awarded at both the temporary hearing and the final hearing. A final judgment shall include the amount granted, whether the grant is in full or on account, which may be enforced by attachment for contempt of court or by writ of fieri facias, whether the parties subsequently reconcile or not. An attorney may bring an action in his or her own name to enforce a grant of attorney's fees made pursuant to this subsection.
19-9-4. (a) On motion of either party in any action or proceeding involving determination of the award of child custody between parents of the child, when such motion contains a specific recitation of actual abuse, neglect, or other overt acts which have adversely affected the health and welfare of the child, the court judge may direct the appropriate family and children services agency or any other appropriate entity to investigate the home life and home environment of each of the parents. In any action or proceeding involving determination of the award of child custody between parents of the child when during such proceedings a specific recitation of actual abuse, neglect, or other

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overt acts which have adversely affected the health and welfare of the child has been made the court judge shall also have authority on its his or her own motion to order such an investigation if in the court's judge's opinion the investigation would be useful in determining placement or custody of the child. The court judge may also direct either party to pay to the agency the reasonable cost, or any portion thereof, of the investigation. The report of the investigation will be made to the court judge directing the investigation. Any report made at the direction of the court judge shall be made available to either or both parties for a reasonable period of time prior to the proceedings at which any temporary or permanent custody is to be determined. Both parties shall have the right to confront and cross-examine the person or persons who conducted the investigation or compiled the report if adequate and legal notice is given. (b) This Code section shall apply only with respect to actions or proceedings in which the issue of child custody is contested; and this Code section is not intended to alter or repeal Code Sections 49-5-40 through 49-5-44.
19-9-5. (a) In all proceedings under this article between parents, it shall be expressly permissible for the parents of a minor child to present to the court judge an agreement respecting any and all issues concerning custody of the minor child. As used in this Code section, the term 'custody' shall include, without limitation, joint custody as such term is defined in Code Section 19-9-6. As used in this Code section, the term 'custody' shall not include payment of child support. (b) The court judge shall ratify the agreement and make such agreement a part of the court's judge's final judgment in the proceedings unless the court judge makes specific written factual findings as a part of the final judgment that under the circumstances of the parents and the child in such agreement that the agreement would not be in the best interests of the child. The court judge shall not refuse to ratify such agreement and to make such agreement a part of the final judgment based solely upon the parents choice to use joint custody as a part of such agreement. (c) In its his or her judgment, the court judge may supplement the agreement on issues not covered by such agreement.
19-9-6. As used in this article, the term:
(1) 'Joint custody' means joint legal custody, joint physical custody, or both joint legal custody and joint physical custody. In making an order for joint custody, the court judge may order joint legal custody without ordering joint physical custody. (2) 'Joint legal custody' means both parents have equal rights and responsibilities for major decisions concerning the child, including the child's education, health care, extracurricular activities, and religious training; provided, however, that the court judge may designate one parent to have sole power to make certain decisions while both parents retain equal rights and responsibilities for other decisions.

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(3) 'Joint physical custody' means that physical custody is shared by the parents in such a way as to assure the child of substantially equal time and contact with both parents. (4) 'Sole custody' means a person, including, but not limited to, a parent, has been awarded permanent custody of a child by a court order. Unless otherwise provided by court order, the person awarded sole custody of a child shall have the rights and responsibilities for major decisions concerning the child, including the child's education, health care, extracurricular activities, and religious training, and the noncustodial parent shall have the right to visitation. A person who has not been awarded custody of a child by court order shall not be considered as the sole legal custodian while exercising visitation rights.
19-9-7. (a) A court judge may award visitation by a parent who committed one or more acts involving family violence only if the court judge finds that adequate provision for the safety of the child and the parent who is a victim of family violence can be made. In a visitation order, a court judge may:
(1) Order an exchange of a child to occur in a protected setting; (2) Order visitation supervised by another person or agency; (3) Order the perpetrator of family violence to attend and complete, to the satisfaction of the court judge, a certified family violence intervention program for perpetrators as defined in Article 1A of Chapter 13 of this title as a condition of the visitation; (4) Order the perpetrator of family violence to abstain from possession or consumption of alcohol, marijuana, or any Schedule I controlled substance listed in Code Section 16-13-25 during the visitation and for 24 hours preceding the visitation; (5) Order the perpetrator of family violence to pay a fee to defray the costs of supervised visitation; (6) Prohibit overnight visitation; (7) Require a bond from the perpetrator of family violence for the return and safety of the child; and (8) Impose any other condition that is deemed necessary to provide for the safety of the child, the victim of family violence, or another family or household member. (b) Whether or not visitation is allowed, the court judge may order the address of the child and the victim of family violence to be kept confidential. (c) The court judge shall not order an adult who is a victim of family violence to attend joint counseling with the perpetrator of family violence as a condition of receiving custody of a child or as a condition of visitation. (d) If a court judge allows a family or household member to supervise visitation, the court judge shall establish conditions to be followed during visitation."
SECTION 5. Code Section 19-7-22 of the Official Code of Georgia Annotated, relating to petition for legitimation of a child, is amended by revising subsection (f.1) as follows:

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"(f.1) The petition for legitimation may also include claims for visitation or custody. If such claims are raised in the legitimation action, the court may order, in addition to legitimation, visitation or custody based on the best interests of the child standard. In a case involving allegations of family violence, the provisions of paragraph (2) (4) of subsection (a) of Code Section 19-9-1 19-9-3 shall also apply."
SECTION 6. This Act shall become effective on January 1, 2008, and shall apply to all child custody proceedings and modifications of child custody filed on or after January 1, 2008.
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 provide for legislative findings; to amend Article 2 of Chapter 6 of Title 5, Code Section 9-11-133, and Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to appellate practice, forms meeting requirements for civil case filing and disposition, and child custody proceedings, respectively, so as to provide for changes in child custody proceedings; to provide for direct appeals in certain domestic relations cases; to change certain provisions relating to cases requiring application for appeal; to add information to filing and dispositional forms in domestic relations cases; to provide for a parenting plan in child custody cases and the procedure therefor; to provide factors in determining the best interests of the child; to provide for written findings of fact in child custody proceedings; to provide for attorney's fees and expenses of litigation in child custody proceedings; to provide for binding arbitration; to amend Code Section 197-22 of the Official Code of Georgia Annotated, relating to petition for legitimation of child, so as to correct a cross-reference; 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. The General Assembly of Georgia declares that it is the policy of this state to assure that minor children have frequent and continuing contact with parents who have shown the ability to act in the best interests of their children and to encourage parents to share in the rights and responsibilities of rearing their children after the parents have separated or dissolved their marriage or relationship.

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SECTION 2. Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, is amended by revising subsection (a) of Code Section 5-6-34, relating to judgments and rulings deemed directly appealable, as follows:
"(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; (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; (7) All judgments or orders granting or refusing to grant mandamus or any other extraordinary remedy, except with respect to temporary restraining orders; (8) All judgments or orders refusing applications for dissolution of corporations created by the superior courts; (9) All judgments or orders sustaining motions to dismiss a caveat to the probate of a will; and (10) All judgments or orders entered pursuant to subsection (c) of Code Section 1710-6.2; and (11) All judgments or orders in child custody cases including, but not limited to, awarding or refusing to change child custody or holding or declining to hold persons in contempt of such child custody judgment or orders."
SECTION 3. Said article is further amended by revising subsection (a) of Code Section 5-6-35, relating to cases requiring application for appeal, as follows:
"(a) Appeals in the following cases shall be taken as provided in this Code section: (1) Appeals from decisions of the superior courts reviewing decisions of the State Board of Workers Compensation, the State Board of Education, auditors, state and local administrative agencies, and lower courts by certiorari or de novo proceedings; provided, however, that this provision shall not apply to decisions of the Public Service Commission and probate courts and to cases involving ad valorem taxes and condemnations; (2) Appeals from judgments or orders in divorce, alimony, child custody, and other domestic relations cases including, but not limited to, granting or refusing a divorce or

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temporary or permanent alimony, awarding or refusing to change child custody, or holding or declining to hold persons in contempt of such alimony or child custody judgment or orders; (3) Appeals from cases involving distress or dispossessory warrants in which the only issue to be resolved is the amount of rent due and such amount is $2,500.00 or less; (4) Appeals from cases involving garnishment or attachment, except as provided in paragraph (5) of subsection (a) of Code Section 5-6-34; (5) Appeals from orders revoking probation; (6) Appeals in all actions for damages in which the judgment is $10,000.00 or less; (7) Appeals, when separate from an original appeal, from the denial of an extraordinary motion for new trial; (8) Appeals from orders under subsection (d) of Code Section 9-11-60 denying a motion to set aside a judgment or under subsection (e) of Code Section 9-11-60 denying relief upon a complaint in equity to set aside a judgment; (9) Appeals from orders granting or denying temporary restraining orders; (10) Appeals from awards of attorney's fees or expenses of litigation under Code Section 9-15-14; and (11) Appeals from decisions of the state courts reviewing decisions of the magistrate courts by de novo proceedings so long as the subject matter is not otherwise subject to a right of direct appeal; and (12) Appeals from orders terminating parental rights."

SECTION 4. Code Section 9-11-133 of the Official Code of Georgia Annotated, relating to forms meeting requirements for civil case filing and disposition, is amended by revising subsections (c) and (e) as follows:
"(c) Domestic Relations Case Filing Information Form.

DOMESTIC RELATIONS CASE FILING INFORMATION FORM

Court ___ Superior

County____________

Date filed __________

mm-dd-yyyy

Docket no. _______________________

Plaintiff(s)

Defendant(s)

(last, suffix, first, middle initial, maiden) (last, suffix, first, middle initial, maiden)

1. _____________________________ 1. _______________________________

2. _____________________________ 2. _______________________________

Plaintiff/Petitioner's attorney

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________________________________ ___ Pro Se

Bar # __________

CONTEMPT

__ Contempt - Custody,

and/or Visitation, or

CHECK CASE TYPE:

Parenting Time

(one or more)

__ Contempt - Child

__ Divorce (includes

Support and Alimony

annulment)

__ Contempt - Child Support

Contested?

___ Yes ___ No __ Contempt - Alimony

Child Custody

__ Other Domestic Contempt

issue?

___ Yes ___ No

Child Support

issue?

___ Yes ___ No FAMILY VIOLENCE

__ Separate Maintenance

Additional information -

__ Adoption

Ex Parte Relief

__ Paternity (includes

_________________________________

legitimation)

Did the initial pleading

__ Interstate Support

include a request for

Enforcement Action

relief:

__ Domestication of

1. From alleged family

Foreign Custody Decree

violence?

___ Yes ___ No

__ Family Violence Act

2. Was ex parte relief

Petition

requested?

___ Yes ___ No

3. Was ex parte relief

granted?

___ Yes ___ No

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MODIFICATION

OTHER

__ Modification - Custody,

Have the parties agreed to

and/or Visitation, or

binding arbitration?

___ Yes ___No

Parenting Time

Have the parties reached

Does the modification

a custodial agreement? ___ Yes ___No

include a parent

If yes, is custody:

selection by a child

___ Joint custody

who is at least 14

___ Joint legal custody

years of age?

___ Yes ___ No ___ Joint physical custody

__ Modification - Child

___ Sole custody to: _______________

Support and Alimony

Financial affidavit

__ Modification - Child

submitted?

___ Yes ___No

Support

Child support forms

__ Modification - Alimony

submitted?

___ Yes ___No"

"(e) Domestic Relations Case Final Disposition Information form.

DOMESTIC RELATIONS CASE FINAL DISPOSITION INFORMATION FORM

Court ___ Superior

County ____________

Date ______________

disposed mm-dd-yyyy

Docket no. _______________________

Reporting party __________________ (Name)

_________________________________ (Title)

Name of plaintiff/petitioner(s) ________________________________

Plaintiff/petitioner's attorney ________________________________ ___ Pro Se

Bar # __________

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Name of defendant/respondent(s) ________________________________ Defendant/respondent's attorney ________________________________ Bar # __________
TYPE OF DISPOSITION 1. Dismissed Without
Final Order A. __ Voluntary (by
parties) B. __ Involuntary (by
court) 2. __ Pretrial Settlement 3. __ Judgment on the
Pleadings 4. __ Summary Judgment 5. __ Trial
A. Bench Trial B. Jury Trial
1. __ Dismissal after jury selected
2. __ Settlement during trial

___ Pro Se

RELIEF GRANTED (Check all

that apply)

1. __ Ex Parte Relief

2. __ Temporary Relief

3. __ Final Relief

A. __ Divorce/Annulment/

Separate Maintenance

B. __ Child Custody

(i) Parenting plan

included?

___ Yes ___ No

(ii) Custodial arrangement:

___ Joint custody

___ Joint legal custody

___ Joint physical custody

___ Sole custody

to:____________________

(iii) Fourteen year old

made parental

selection?

___ Yes ___ No

C. Visitation or parenting time

Approximate percentage

of parenting time per

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3. __ Judgment on

year (or number of days)

Verdict

for: ___ Mother ___ Father

4. __ Directed

Parenting time was

Verdict or

contested?

___ Yes ___ No

JNOV

D. __ Child Support

(i) Forms attached? ___ Yes ___ No

E. __ Legitimation/

Paternity

F. __ Alimony

ADR

G. __ Contempt

1. Was mediation utilized?

H. __ Equitable Division

___ Yes ___ No I. __ Restraining Order

2. If yes, was it (check if

__ Person __ Property

applicable):

Finding of family

__ court annexed?

violence? ___ Yes ___ No

__ court mandated?

J. __ Adoption

3. Was there an agreement to

K. __ Attorney's fees? ___Yes ___ No

binding arbitrate? ___ Yes ___ No

If yes, in what amount: $________

If yes, what matters were

and to whom: __________________

subject to binding arbitration?

K. L. __ Other (specify) ___________

__ Child custody

_____________________________

___Visitation or Parenting Time 4. __ Dismissed prior to

___Parenting Plan

granting of relief.

_________________________________"

SECTION 5. Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, is amended by revising in its entirety Article 1, relating to general provisions, as follows:

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"ARTICLE 1
19-9-1. (a)(1) In all cases in which a divorce is granted, the party not in default shall be entitled to the custody of the minor children of the marriage. However, in all cases in which a divorce is granted, an application for divorce is pending, or a change in custody of a minor child is sought, the court, in the exercise of a sound discretion, may look into all the circumstances of the parties, including improvement of the health of a party seeking a change in custody provisions, and, after hearing both parties, may make a different disposition of the children, placing them, if necessary, in possession of guardians appointed by the judge of the probate court. (2) In addition to other factors that a court may consider in a proceeding in which the custody of a child or visitation by a parent is at issue and in which the court has made a finding of family violence: (A) The court shall consider as primary the safety and well-being of the child and of the parent who is the victim of family violence; (B) The court shall consider the perpetrator's history of causing physical harm, bodily injury, assault, or causing reasonable fear of physical harm, bodily injury, or assault to another person; (C) If a parent is absent or relocates because of an act of domestic violence by the other parent, such absence or relocation for a reasonable period of time in the circumstances shall not be deemed an abandonment of the child or children for the purposes of custody determination; and (D) The court shall not refuse to consider relevant or otherwise admissible evidence of acts of family violence merely because there has been no previous finding of family violence. The court may, in addition to other appropriate actions, order supervised visitation pursuant to Code Section 19-9-7. (3)(A) In all cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he or she desires to live. The child's selection shall be controlling, unless the parent so selected is determined not to be a fit and proper person to have the custody of the child. (B) In all cases in which the child has reached the age of at least 11 but not 14 years, the court shall consider the desires, if any, and educational needs of the child in determining which parent shall have custody. The court shall have complete discretion in making this determination, and the child's desires are not controlling. The court shall further have broad discretion as to how the child's desires are to be considered, including through the report of a guardian ad litem. The best interest of the child standard shall be controlling. (C) The desire of a child who has reached the age of 11 years but not 14 years shall not, in and of itself, constitute a material change of conditions or circumstances in any action seeking a modification or change in the custody of that child. (D) The court may issue an order granting temporary custody to the selected parent for a trial period not to exceed six months regarding the custody of a child who has

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reached the age of at least 11 years where the judge hearing the case determines such a temporary order is appropriate. (b) In any case in which a judgment awarding the custody of a minor has been entered, on the motion of any party or on the motion of the court, that portion of the judgment effecting visitation rights between the parties and their minor children may be subject to review and modification or alteration without the necessity of any showing of a change in any material conditions and circumstances of either party or the minor, provided that the review and modification or alteration shall not be had more often than once in each two-year period following the date of entry of the judgment. However, this subsection shall not limit or restrict the power of the court to enter a judgment relating to the custody of a minor in any new proceeding based upon a showing of a change in any material conditions or circumstances of a party or the minor. (c)(1) In any case in which a judgment awarding the custody of a minor has been entered, the court entering such judgment shall retain jurisdiction of the case for the purpose of ordering the custodial parent to notify the court of any changes in the residence of the child. (2) In any case in which visitation rights have been provided to the noncustodial parent and the court orders that the custodial parent provide notice of a change in address of the place for pickup and delivery of the child for visitation, the custodial parent shall notify the noncustodial parent, in writing, of any change in such address. Such written notification shall provide a street address or other description of the new location for pickup and delivery so that the noncustodial parent may exercise such parent's visitation rights. (3) Except where otherwise provided by court order, in any case under this subsection in which a parent changes his or her residence, he or she must give notification of such change to the other parent and, if the parent changing residence is the custodial parent, to any other person granted visitation rights under this title or a court order. Such notification shall be given at least 30 days prior to the anticipated change of residence and shall include the full address of the new residence. (d) In the event of any conflict between this Code section and Article 3 of this chapter, Article 3 shall apply. (a) Except when a parent seeks emergency relief for family violence pursuant to Code Section 19-13-3 or 19-13-4, in all cases in which the custody of any child is at issue between the parents, each parent shall prepare a parenting plan or the parties may jointly submit a parenting plan. It shall be in the judge's discretion as to when a party shall be required to submit a parenting plan to the judge. A parenting plan shall be required for permanent custody and modification actions and in the judge's discretion may be required for temporary hearings. The final decree in any legal action involving the custody of a child, including modification actions, shall incorporate a permanent parenting plan. (b)(1) Unless otherwise ordered by the judge, a parenting plan shall include the following:

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(A) A recognition that a close and continuing parent-child relationship and continuity in the child's life will be in the child's best interest; (B) A recognition that the child's needs will change and grow as the child matures and demonstrate that the parents will make an effort to parent that takes this issue into account so that future modifications to the parenting plan are minimized; (C) A recognition that a parent with physical custody will make day-to-day decisions and emergency decisions while the child is residing with such parent; and (D) That both parents will have access to all of the child's records and information, including, but not limited to, education, health, extracurricular activities, and religious communications. (2) Unless otherwise ordered by the judge, or agreed upon by the parties, a parenting plan shall include, but not be limited to: (A) Where and when a child will be in each parent's physical care, designating where the child will spend each day of the year; (B) How holidays, birthdays, vacations, school breaks, and other special occasions will be spent with each parent including the time of day that each event will begin and end; (C) Transportation arrangements including how the child will be exchanged between the parents, the location of the exchange, how the transportation costs will be paid, and any other matter relating to the child spending time with each parent; (D) Whether supervision will be needed for any parenting time and, if so, the particulars of the supervision; (E) An allocation of decision-making authority to one or both of the parents with regard to the child's education, health, extracurricular activities, and religious upbringing, and if the parents agree the matters should be jointly decided, how to resolve a situation in which the parents disagree on resolution; and (F) What, if any, limitations will exist while one parent has physical custody of the child in terms of the other parent contacting the child and the other parent's right to access education, health, extracurricular activity, and religious information regarding the child. (c) If the parties cannot reach agreement on a permanent parenting plan, each party shall file and serve a proposed parenting plan on or before the date set by the judge. Failure to comply with filing a parenting plan may result in the judge adopting the plan of the opposing party if the judge finds such plan to be in the best interests of the child.
19-9-1.1. In all proceedings under this article, it shall be expressly permissible for the parents of a child to agree to binding arbitration on the issue of child custody and matters relative to visitation, parenting time, and a parenting plan. The parents may select their arbiter and decide which issues will be resolved in binding arbitration. The arbiter's decisions shall be incorporated into a final decree awarding child custody unless the judge makes specific written factual findings that under the circumstances of the parents and the child the arbiter's award would not be in the best interests of the child. In its judgment,

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the judge may supplement the arbiter's decision on issues not covered by the binding arbitration.
19-9-1.2. Pursuant to Code Section 9-11-3, and in addition to the filing requirements contained in Code Section 19-6-15, in all proceedings under this article the plaintiff shall file a domestic relations case filing information form as set forth in Code Section 9-11-133.
19-9-2. Upon the death of either parent, the survivor is entitled to custody of the child; provided, however, that the court judge, upon petition, may exercise discretion as to the custody of the child, looking solely to the child's best interest and welfare.
19-9-3. (a)(1) In all cases in which the custody of any minor child or children is at issue between the parents, there shall be no prima-facie right to the custody of the child or children in the father or mother. There shall be no presumption in favor of any particular form of custody, legal or physical, nor in favor of either parent. Joint custody may be considered as an alternative form of custody by the judge and the judge at any temporary or permanent hearing may grant sole custody, joint custody, joint legal custody, or joint physical custody as appropriate. (2) The court judge hearing the issue of custody, in exercise of its sound discretion, may shall make a determination of custody of a child and such matter shall not be decided by a jury. The judge may take into consideration all the circumstances of the case, including the improvement of the health of the party seeking a change in custody provisions, in determining to whom custody of the child or children should be awarded. The duty of the court judge in all such cases shall be to exercise its discretion to look to and determine solely what is for the best interest of the child or children and what will best promote their the child's welfare and happiness and to make its his or her award accordingly. (3) In determining the best interests of the child, the judge may consider any relevant factor including, but not limited to: (A) The love, affection, bonding, and emotional ties existing between each parent and the child; (B) The love, affection, bonding, and emotional ties existing between the child and his or her siblings, half siblings, and stepsiblings and the residence of such other children; (C) The capacity and disposition of each parent to give the child love, affection, and guidance and to continue the education and rearing of the child; (D) Each parent's knowledge and familiarity of the child and the child's needs; (E) The capacity and disposition of each parent to provide the child with food, clothing, medical care, day-to-day needs, and other necessary basic care, with consideration made for the potential payment of child support by the other parent;

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(F) The home environment of each parent considering the promotion of nurturance and safety of the child rather than superficial or material factors; (G) The importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity; (H) The stability of the family unit of each of the parents and the presence or absence of each parent's support systems within the community to benefit the child; (I) The mental and physical health of each parent; (J) Each parent's involvement, or lack thereof, in the child's education, social, and extracurricular activities; (K) Each parent's employment schedule and the related flexibility or limitations, if any, of a parent to care for the child; (L) The home, school, and community record and history of the child, as well as any health or educational special needs of the child; (M) Each parent's past performance and relative abilities for future performance of parenting responsibilities; (N) The willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent, consistent with the best interest of the child; (O) Any recommendation by a court appointed custody evaluator or guardian ad litem; (P) Any evidence of family violence or sexual, mental, or physical child abuse or criminal history of either parent; and (Q) Any evidence of substance abuse by either parent. (4) In addition to other factors that a court judge may consider in a proceeding in which the custody of a child or visitation or parenting time by a parent is at issue and in which the court judge has made a finding of family violence: (A) The court judge shall consider as primary the safety and well-being of the child and of the parent who is the victim of family violence; (B) The court judge shall consider the perpetrator's history of causing physical harm, bodily injury, assault, or causing reasonable fear of physical harm, bodily injury, or assault to another person; (C) If a parent is absent or relocates because of an act of domestic violence by the other parent, such absence or relocation for a reasonable period of time in the circumstances shall not be deemed an abandonment of the child or children for the purposes of custody determination; and (D) The court judge shall not refuse to consider relevant or otherwise admissible evidence of acts of family violence merely because there has been no previous finding of family violence. The court judge may, in addition to other appropriate actions, order supervised visitation or parenting time pursuant to Code Section 19-97. (4)(5) In all custody cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he or she desires to live and

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shall have the right to determine his or her visitation schedule or parenting time with the noncustodial parent. The child's selection for purposes of custody, visitation, or parenting time shall be controlling presumptive unless the parent so selected is determined not to be a fit and proper person to have the custody of the child in the best interests of the child. The parental selection by a child who has reached the age of 14 may, in and of itself, constitute a material change of condition or circumstance in any action seeking a modification or change in the custody of that child; provided, however, that such selection may only be made once within a period of two years from the date of the previous selection and the best interests of the child standard shall apply. (4.1)(6) In all custody cases in which the child has reached the age of at least 11 but not 14 years, the court judge shall consider the desires and educational needs of the child in determining which parent shall have custody. The child's selection shall not be controlling. The best interests of the child standard shall apply. The judge shall have complete discretion in making this determination, and the child's desires shall not be controlling. The judge shall further have broad discretion as to how the child's desires are to be considered, including through the report of a guardian ad litem. The best interests of the child standard shall be controlling. The parental selection of a child who has reached the age of 11 but not 14 years shall not, in and of itself, constitute a material change of condition or circumstance in any action seeking a modification or change in the custody of that child. The judge may issue an order granting temporary custody to the selected parent for a trial period not to exceed six months regarding the custody of a child who has reached the age of 11 but not 14 years where the judge hearing the case determines such a temporary order is appropriate. (5) Joint custody, as defined by Code Section 19-9-6, may be considered as an alternative form of custody by the court. This provision allows a court at any temporary or permanent hearing to grant sole custody, joint custody, joint legal custody, or joint physical custody where appropriate. (6)(7) The court judge is authorized to order a psychological custody evaluation of the family or an independent medical evaluation. In addition to the privilege afforded a witness, neither a court appointed custody evaluator nor a court appointed guardian ad litem shall be subject to civil liability resulting from any act or failure to act in the performance of his or her duties unless such act or failure to act was in bad faith. (8) If requested by any party on or before the close of evidence in a contested hearing, the permanent court order awarding child custody shall set forth specific findings of fact as to the basis for the judge's decision in making an award of custody including any relevant factor relied upon by the judge as set forth in paragraph (3) of this subsection. Such order shall set forth in detail why the court awarded custody in the manner set forth in the order and, if joint legal custody is awarded, a manner in which final decision making on matters affecting the child's education, health, extracurricular activities, religion, and any other important matter shall be decided.

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Such order shall be filed within 30 days of the final hearing in the case, unless extended by order of the judge with the agreement of the parties. (b) In any case in which a judgment awarding the custody of a minor child has been entered, on the motion of any party or on the motion of the court judge, that portion of the judgment effecting visitation rights between the parties and their minor children child or parenting time may be subject to review and modification or alteration without the necessity of any showing of a change in any material conditions and circumstances of either party or the minor child, provided that the review and modification or alteration shall not be had more often than once in each two-year period following the date of entry of the judgment. However, this subsection shall not limit or restrict the power of the court judge to enter a judgment relating to the custody of a minor child in any new proceeding based upon a showing of a change in any material conditions or circumstances of a party or the minor child. (c) In the event of any conflict between this Code section and any provision of Article 3 of this chapter, Article 3 shall apply. (d) It is the express policy of this state to encourage that a minor child has continuing contact with parents and grandparents who have shown the ability to act in the best interest of the child and to encourage parents to share in the rights and responsibilities of raising their children child after such parents have separated or dissolved their marriage or relationship. (e) Upon the filing of an action for a change of child custody, the court judge may in its his or her discretion change the terms of custody on a temporary basis pending final judgment on such issue. Any such award of temporary custody shall not constitute an adjudication of the rights of the parties. (f)(1) In any case in which a judgment awarding the custody of a child has been entered, the court entering such judgment shall retain jurisdiction of the case for the purpose of ordering the custodial parent to notify the court of any changes in the residence of the child. (2) In any case in which visitation rights or parenting time has been provided to the noncustodial parent and the court orders that the custodial parent provide notice of a change in address of the place for pickup and delivery of the child for visitation or parenting time, the custodial parent shall notify the noncustodial parent, in writing, of any change in such address. Such written notification shall provide a street address or other description of the new location for pickup and delivery so that the noncustodial parent may exercise such parent's visitation rights or parenting time. (3) Except where otherwise provided by court order, in any case under this subsection in which a parent changes his or her residence, he or she must give notification of such change to the other parent and, if the parent changing residence is the custodial parent, to any other person granted visitation rights or parenting time under this title or a court order. Such notification shall be given at least 30 days prior to the anticipated change of residence and shall include the full address of the new residence.

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(g) Except as provided in Code Section 19-6-2, and in addition to the attorney's fee provisions contained in Code Section 19-6-15, the judge may order reasonable attorney's fees and expenses of litigation, experts, and the child's guardian ad litem and other costs of the child custody action and pretrial proceedings to be paid by the parties in proportions and at times determined by the judge. Attorney's fees may be awarded at both the temporary hearing and the final hearing. A final judgment shall include the amount granted, whether the grant is in full or on account, which may be enforced by attachment for contempt of court or by writ of fieri facias, whether the parties subsequently reconcile or not. An attorney may bring an action in his or her own name to enforce a grant of attorney's fees made pursuant to this subsection. (h) In addition to filing requirements contained in Code Section 19-6-15, upon the conclusion of any proceeding under this article, the domestic relations final disposition form as set forth in Code Section 9-11-133 shall be filed.
19-9-4. (a) On motion of either party in any action or proceeding involving determination of the award of child custody between parents of the child, when such motion contains a specific recitation of actual abuse, neglect, or other overt acts which have adversely affected the health and welfare of the child, the court judge may direct the appropriate family and children services agency or any other appropriate entity to investigate the home life and home environment of each of the parents. In any action or proceeding involving determination of the award of child custody between parents of the child when during such proceedings a specific recitation of actual abuse, neglect, or other overt acts which have adversely affected the health and welfare of the child has been made the court judge shall also have authority on its his or her own motion to order such an investigation if in the court's judge's opinion the investigation would be useful in determining placement or custody of the child. The court judge may also direct either party to pay to the agency the reasonable cost, or any portion thereof, of the investigation. The report of the investigation will be made to the court judge directing the investigation. Any report made at the direction of the court judge shall be made available to either or both parties for a reasonable period of time prior to the proceedings at which any temporary or permanent custody is to be determined. Both parties shall have the right to confront and cross-examine the person or persons who conducted the investigation or compiled the report if adequate and legal notice is given. (b) This Code section shall apply only with respect to actions or proceedings in which the issue of child custody is contested; and this Code section is not intended to alter or repeal Code Sections 49-5-40 through 49-5-44.
19-9-5. (a) In all proceedings under this article between parents, it shall be expressly permissible for the parents of a minor child to present to the court judge an agreement respecting any and all issues concerning custody of the minor child. As used in this Code section, the term 'custody' shall include, without limitation, joint custody as such

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term is defined in Code Section 19-9-6. As used in this Code section, the term 'custody' shall not include payment of child support. (b) The court judge shall ratify the agreement and make such agreement a part of the court's judge's final judgment in the proceedings unless the court judge makes specific written factual findings as a part of the final judgment that under the circumstances of the parents and the child in such agreement that the agreement would not be in the best interests of the child. The court judge shall not refuse to ratify such agreement and to make such agreement a part of the final judgment based solely upon the parents choice to use joint custody as a part of such agreement. (c) In its his or her judgment, the court judge may supplement the agreement on issues not covered by such agreement.
19-9-6. As used in this article, the term:
(1) 'Joint custody' means joint legal custody, joint physical custody, or both joint legal custody and joint physical custody. In making an order for joint custody, the court judge may order joint legal custody without ordering joint physical custody. (2) 'Joint legal custody' means both parents have equal rights and responsibilities for major decisions concerning the child, including the child's education, health care, extracurricular activities, and religious training; provided, however, that the court judge may designate one parent to have sole power to make certain decisions while both parents retain equal rights and responsibilities for other decisions. (3) 'Joint physical custody' means that physical custody is shared by the parents in such a way as to assure the child of substantially equal time and contact with both parents. (4) 'Sole custody' means a person, including, but not limited to, a parent, has been awarded permanent custody of a child by a court order. Unless otherwise provided by court order, the person awarded sole custody of a child shall have the rights and responsibilities for major decisions concerning the child, including the child's education, health care, extracurricular activities, and religious training, and the noncustodial parent shall have the right to visitation or parenting time. A person who has not been awarded custody of a child by court order shall not be considered as the sole legal custodian while exercising visitation rights or parenting time.
19-9-7. (a) A court judge may award visitation by or parenting time to a parent who committed one or more acts involving family violence only if the court judge finds that adequate provision for the safety of the child and the parent who is a victim of family violence can be made. In a visitation or parenting time order, a court judge may:
(1) Order an exchange of a child to occur in a protected setting; (2) Order visitation or parenting time supervised by another person or agency; (3) Order the perpetrator of family violence to attend and complete, to the satisfaction of the court judge, a certified family violence intervention program for perpetrators as

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defined in Article 1A of Chapter 13 of this title as a condition of the visitation or parenting time; (4) Order the perpetrator of family violence to abstain from possession or consumption of alcohol, marijuana, or any Schedule I controlled substance listed in Code Section 16-13-25 during the visitation or parenting time and for 24 hours preceding the visitation or parenting time; (5) Order the perpetrator of family violence to pay a fee to defray the costs of supervised visitation or parenting time; (6) Prohibit overnight visitation or parenting time; (7) Require a bond from the perpetrator of family violence for the return and safety of the child; and (8) Impose any other condition that is deemed necessary to provide for the safety of the child, the victim of family violence, or another family or household member. (b) Whether or not visitation or parenting time is allowed, the court judge may order the address of the child and the victim of family violence to be kept confidential. (c) The court judge shall not order an adult who is a victim of family violence to attend joint counseling with the perpetrator of family violence as a condition of receiving custody of a child or as a condition of visitation or parenting time. (d) If a court judge allows a family or household member to supervise visitation or parenting time, the court judge shall establish conditions to be followed during visitation or parenting time."
SECTION 6. Code Section 19-7-22 of the Official Code of Georgia Annotated, relating to petition for legitimation of a child, is amended by revising subsection (f.1) as follows:
"(f.1) The petition for legitimation may also include claims for visitation, parenting time, or custody. If such claims are raised in the legitimation action, the court may order, in addition to legitimation, visitation, parenting time, or custody based on the best interests of the child standard. In a case involving allegations of family violence, the provisions of paragraph (2) (4) of subsection (a) of Code Section 19-9-1 19-9-3 shall also apply."
SECTION 7. This Act shall become effective on January 1, 2008, and shall apply to all child custody proceedings and modifications of child custody filed on or after January 1, 2008.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute.

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

N Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce E Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M N Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

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

Martin Y Maxwell Y May
McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese E Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the passage of the Bill, by substitute, the ayes were 165, nays 2.

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

HB 242. By Representatives Knox of the 24th, Hembree of the 67th, Keen of the 179th, Ehrhart of the 36th and Watson of the 91st:

A BILL to be entitled an Act to amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes regarding insurance, so

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as to provide for an exemption for certain high deductible health plans sold or maintained in connection with a health savings account with respect to state insurance premium taxes; 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 conditions and limitations; to provide for related matters; 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:

N Abdul-Salaam N Abrams Y Amerson N Ashe Y Barnard Y Bearden N Beasley-Teague N Benfield Y Benton Y Black Y Bridges N Brooks N Bruce E Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M N Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 N Frazier Y Freeman N Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton
Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holmes

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

Y Martin Y Maxwell Y May
McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby Y Mumford N Murphy Y Neal Y Nix N Oliver Y O'Neal N Parham Y Parrish Y Parsons Y Peake N Porter Y Powell Y Pruett Y Ralston N Randall N Reece Y Reese E Rice Y Roberts Y Rogers Y Royal Y Rynders N Sailor Y Scott, A

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

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On the passage of the Bill, the ayes were 117, nays 44.
The Bill, having received the requisite constitutional majority, was passed.
Representatives Jenkins of the 8th and Sims of the 119th stated that 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 282. By Representatives Stephens of the 164th, Martin of the 47th, Keen of the 179th 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 engines, parts, equipment, or other tangible personal property used in the maintenance or repair of certain aircraft; 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 regarding the sale or use of engines, parts, equipment, or other tangible personal property used in the maintenance or repair of certain aircraft; 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 replacing "; or" with a semicolon at the end of paragraph (84); by replacing the period at the end of paragraph (85) with "; or"; and by adding a new paragraph to read as follows:
"(86) For the period commencing on July 1, 2007, and ending on June 30, 2009, the sale or use of engines, parts, equipment, and other tangible personal property used in the maintenance or repair of aircraft when such engines, parts, equipment, and other tangible personal property are installed on such aircraft that is being repaired or maintained in this state so long as such aircraft is not registered in this state."
SECTION 2. This Act shall become effective on July 1, 2007.

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce E Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T
Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas 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 McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett
Ralston Y Randall Y Reece Y Reese E Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the passage of the Bill, by substitute, the ayes were 165, nays 1.

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

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HB 169. By Representatives Martin of the 47th, Chambers of the 81st, Royal of the 171st, Scott of the 2nd and Williams of the 4th:
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 exemptions with respect to certain donations of prepared food and beverages; 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 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 exemptions for a certain period of time with respect to certain donations of prepared food and beverages; 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 two new paragraphs to read as follows:
"(57.2)(A) For the period commencing July 1, 2007, and ending on June 30, 2009, the use of prepared food and beverages which are donated to a qualified nonprofit agency and which are used for hunger relief purposes. (B) As used in this paragraph, the term 'qualified nonprofit agency' means any entity which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code and which provides hunger relief. (C) Any person making a donation of prepared food and beverages for the purpose specified in this paragraph shall remit the tax imposed thereon unless the person making use of such prepared food and beverages furnishes the person making the donation with an exemption determination letter issued by the commissioner certifying that the person making use of such food and beverages is entitled to use the prepared 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;

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(57.3) (A) For the period commencing July 1, 2007, and ending on June 30, 2009, the use of prepared food and beverages which are donated following a natural disaster and which are used for disaster relief purposes. (B) 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, 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce E Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford

Y Martin Y Maxwell Y May
McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal
Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston
Randall Y Reece Y Reese E Rice Y Roberts Y Rogers

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

TUESDAY, MARCH 27, 2007

1537

Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Henson Y Hill, C Y Hill, C.A Y Holmes

Y Maddox Y Mangham Y Manning Y Marin

Y Royal Y Rynders Y Sailor Y Scott, A

Y Williams, R Wix
E 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 441. By Representatives Floyd of the 147th, Mills of the 25th, Parrish of the 156th, Royal of the 171st and Knight of the 126th:

A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition and computation of income taxes, so as to revise provisions relative to adjustment of taxable income with respect to income from federal obligations and certain other obligations; 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 Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition and computation of income taxes, so as to revise provisions relative to adjustment of taxable income with respect to income from federal obligations and certain other obligations; 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 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition and computation of income taxes, is amended in Code Section 48-7-21, relating to taxation of corporations, by revising subparagraph (b)(1)(B) as follows:
"(B) There shall be subtracted from taxable income interest or dividends on obligations of the United States and its territories and possessions or of any authority, commission, or instrumentality of the United States to the extent such interest or dividends are includable in gross income for federal income tax purposes but exempt from state income taxes under the laws of the United States. There shall also be subtracted from taxable income any income derived from the authorized activities of a domestic international banking facility operating pursuant to the

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provisions of Article 5A of Chapter 1 of Title 7, the 'Domestic International Banking Facility Act,' and any income arising from the conduct of a banking business with persons or entities located outside the United States, its territories, or possessions. Any amount subtracted pursuant to this subparagraph shall be reduced by any interest expenses directly or indirectly attributable to the production of the interest or dividend income. The direct and indirect interest expense shall be determined by multiplying the total interest expense by a fraction, the numerator of which is the taxpayer's average adjusted bases of such United States obligations, and the denominator of which is the average adjusted bases for all assets of the taxpayer."

SECTION 2. Said article is further amended in Code Section 48-7-27, relating to computation of individual taxable net income, by revising paragraph (2) of subsection (b) as follows:
"(2) There shall be subtracted from taxable income interest or dividends on obligations of the United States and its territories and possessions or of any authority, commission, or instrumentality of the United States to the extent includable in gross income for federal income tax purposes but exempt from state income taxes under the laws of the United States. Any amount subtracted under this paragraph shall be reduced by any interest expenses directly or indirectly attributable to the production of the interest or dividend income. For all taxpayers except individuals, the direct and indirect interest expense shall be determined by multiplying the total interest expense by a fraction, the numerator of which is the taxpayer's average adjusted bases of such United States obligations, and the denominator of which is the average adjusted bases for all assets of the taxpayer."

SECTION 3. 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 taxable years beginning on or after 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 Abrams Y Amerson Y Ashe

Y Dempsey Y Dickson Y Dollar Y Drenner

Y Holt Y Horne Y Houston Y Howard

Y Martin Y Maxwell Y May Y McCall

Y Scott, M Y Sellier Y Setzler Y Shaw

TUESDAY, MARCH 27, 2007

1539

Y Barnard Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce E Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H
Davis, S Y Day

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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Hudson Hugley
Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y McKillip Y Meadows
Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese E Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr
Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker
Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R
Wix E 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 380. By Representatives Hill of the 21st, Scott of the 2nd, Stephens of the 164th, Parsons of the 42nd, Knight of the 126th and others:

A BILL to be entitled an Act to amend Code Section 48-3-3 of the Official Code of Georgia Annotated, relating to tax execution by tax collectors and tax commissioners, so as to change certain provisions regarding the mailing of bills or notices; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam N Abrams Y Amerson N Ashe Y Barnard Y Bearden N Beasley-Teague N Benfield N Benton Y Black Y Bridges Y Brooks
Bruce E Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd N Carter, A Y Carter, B Y Casas Y Chambers Y Channell N Cheokas
Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M N Crawford, R N Davis, H Y Davis, S Y Day

N Dempsey Y Dickson Y Dollar N Drenner E Dukes Y Ehrhart Y England Y Epps Y Everson
Fleming Y Floyd, H N Floyd, J
Fludd Forster Y Franklin Y Frazier Y Freeman N Gardner Y Geisinger N Glanton Y Golick N Gordon Y Graves N Greene Y Hamilton N Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holmes

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

Martin N Maxwell Y May N McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby N Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal N Parham N Parrish Y Parsons Y Peake N Porter N Powell N Pruett Y Ralston N Randall N Reece Y Reese E Rice N Roberts Y Rogers
Royal N Rynders N Sailor Y Scott, A

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

On the passage of the Bill, the ayes were 99, nays 63.

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

The Speaker announced the House in recess until 3:15 o'clock, this afternoon.

The Speaker called the House to order.

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

TUESDAY, MARCH 27, 2007

1541

Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 22. By Senators Hill of the 32nd and Thomas of the 54th:
A RESOLUTION creating the Hospital Health Care Standards Commission; and for other purposes.
SR 63. By Senator Hooks of the 14th:
A RESOLUTION dedicating the L. M. Moye, Jr. Memorial Bridge; and for other purposes.
SR 104. By Senator Tolleson of the 20th:
A RESOLUTION dedicating the Eddie Wiggins Bridge; and for other purposes.
SR 136. By Senators Thompson of the 33rd and Hamrick of the 30th:
A RESOLUTION dedicating the Emmett Henry Austin Memorial Bridge; and for other purposes.
SR 154. By Senators Mullis of the 53rd, Whitehead, Sr. of the 24th, Hill of the 32nd and Douglas of the 17th:
A RESOLUTION creating the Joint Human Services Transportation Study Commission; to provide for the membership, powers, duties, and mission of the commission; to provide for related matter; and for other purposes.
SR 229. By Senators Meyer von Bremen of the 12th and Hooks of the 14th:
A RESOLUTION dedicating the Paul Keenan Parkway; and for other purposes.
SR 246. By Senators Wiles of the 37th, Smith of the 52nd, Johnson of the 1st and Williams of the 19th:
A RESOLUTION creating the Joint Study Committee on Indigent Defense; and for other purposes.

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SR 283. By Senator Tolleson of the 20th:
A RESOLUTION creating the Joint Nonpoint Source Pollution Control Study Committee; and for other purposes.
SR 296. By Senator Goggans of the 7th:
A RESOLUTION dedicating the POW Julian Abel Memorial Bridge; and for other purposes.
SR 301. By Senators Brown of the 26th, Staton of the 18th and Mullis of the 53rd:
A RESOLUTION dedicating the Phil Walden Memorial Interchange; and for other purposes.
SR 327. By Senators Johnson of the 1st, Chapman of the 3rd, Hill of the 4th and Tolleson of the 20th:
A RESOLUTION creating the Joint Atlantic Coastal Beach Preservation and Maintenance Study Committee; and for other purposes.
SR 355. By Senators Hill of the 32nd, Harp of the 29th, Thomas of the 54th, Rogers of the 21st, Hamrick of the 30th and others:
A RESOLUTION creating the Joint Study Committee on Health Care Transformation; and for other purposes.
SR 357. By Senator Whitehead, Sr. of the 24th:
A RESOLUTION honoring the life of Major Byron S. McGuire, Sr., and dedicating a bridge in his honor; and for other purposes.
SR 363. By Senators Grant of the 25th, Tarver of the 22nd, Unterman of the 45th, Hill of the 4th, Goggans of the 7th and others:
A RESOLUTION creating the Mental Health Service Delivery Commission; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 50. By Senators Douglas of the 17th, Rogers of the 21st, Hawkins of the 49th, Schaefer of the 50th, Hill of the 4th and others:

TUESDAY, MARCH 27, 2007

1543

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 general provisions relative to notaries public, so as to provide that a notary shall be a legal resident of the United States; to provide a penalty; to repeal conflicting laws; and for other purposes.
SB 96. By Senators Golden of the 8th and Stoner of the 6th:
A BILL to be entitled an Act to amend Article 11 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to drug-free workplace programs, so as to provide for onsite testing; to provide for oral testing; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 237. By Senator Johnson of the 1st:
A BILL to be entitled an Act to amend Code Section 43-4-11 of the Official Code of Georgia Annotated, relating to the qualifications of applicants for examination or certificate of registration to practice architecture, so as to establish certain minimum training requirements to qualify for certification by the Georgia State Board of Architects and Interior Designers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 282. By Senators Mullis of the 53rd, Smith of the 52nd, Schaefer of the 50th, Thomas of the 54th, Hamrick of the 30th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, so as to provide for the creation of alternative tourism routes; to provide for the designation of such routes; to provide for the construction and maintenance of welcome centers on such routes; 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 30. By Senators Thomas of the 54th, Smith of the 52nd, Carter of the 13th, Hamrick of the 30th, Douglas of the 17th and others:
A RESOLUTION creating the Joint Study Committee on State Stroke System of Care; and for other purposes.

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SR 365. By Senators Mullis of the 53rd, Pearson of the 51st, Whitehead, Sr. of the 24th, Hill of the 32nd, Goggans of the 7th and others:
A RESOLUTION creating the Joint Study Committee on Transportation Funding; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bill of the Senate:
SB 204. By Senators Thomas of the 54th, Balfour of the 9th, Unterman of the 45th, Schaefer of the 50th, Hawkins of the 49th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to disposition of unclaimed dead bodies, so as to change certain provisions relating to the board for distribution and delivery of dead bodies; 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 139. By Senators Hill of the 32nd, Heath of the 31st, Rogers of the 21st and Hudgens of the 47th:
A RESOLUTION urging the Congress of the United States to raise the allowable deduction for health savings accounts, to allow certain older citizens to contribute additional amounts, and to make all health insurance premiums pre-tax; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 622. By Representatives Bridges of the 10th and Richardson of the 19th:
A RESOLUTION Celebrating the birth of John Walker Bartley; and for other purposes.
HR 623. By Representatives Shipp of the 58th, Thomas of the 55th, Mangham of the 94th, Drenner of the 86th, Abdul-Salaam of the 74th and others:
A RESOLUTION commending Dada J.P. Vaswani; and for other purposes.
HR 624. By Representative Golick of the 34th:

TUESDAY, MARCH 27, 2007

1545

A RESOLUTION honoring and remembering the life of Morgan Elizabeth Reynolds; and for other purposes.
HR 625. By Representative Jones of the 44th:
A RESOLUTION recognizing Campbell High School's Advanced Placement Certified School Status; and for other purposes.
HR 626. By Representative Jones of the 44th:
A RESOLUTION recognizing Campbell Middle School's Advanced Placement Certified School Affiliate status; and for other purposes.
HR 627. By Representative Jones of the 44th:
A RESOLUTION recognizing Lindley Middle School's Advanced Placement Certified School Affiliate status; and for other purposes.
HR 628. By Representative Martin of the 47th:
A RESOLUTION recognizing and commending community servant Johnny Herron; and for other purposes.
HR 629. By Representative Dollar of the 45th:
A RESOLUTION commending Donovan Head; and for other purposes.
HR 630. By Representative Martin of the 47th:
A RESOLUTION celebrating the 50th anniversary of the Alpharetta Elementary School building; and for other purposes.
HR 631. By Representative Dempsey of the 13th:
A RESOLUTION recognizing and commending the Rome Symphony Orchestra on the occasion of its 85th anniversary celebration; and for other purposes.
HR 632. By Representative Fludd of the 66th:
A RESOLUTION honoring Brandan Kelly Fludd on the occasion of his high school graduation; and for other purposes.

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HR 633. By Representative Freeman of the 140th:
A RESOLUTION congratulating the 2006-2007 Wilkinson County High School Warriors boys basketball team on winning the Class A State Championship; and for other purposes.
HR 634. By Representative Porter of the 143rd:
A RESOLUTION congratulating Miss Bliss McMichael on being named Georgia's Junior Miss for the Class of 2007; and for other purposes.
HR 635. By Representative Porter of the 143rd:
A RESOLUTION recognizing and congratulating the Dublin High School Fighting Irish football team on winning the 2006 Class AA State Football Championship; and for other purposes.
HR 636. By Representative Graves of the 12th:
A RESOLUTION congratulating Piedmont Mountainside Hospital and its president and CEO, Ed Lovern, on being named "Hospital of the Year" and "Hospital CEO of the Year" for 2006 by the Georgia Alliance of Community Hospitals; and for other purposes.
HR 637. By Representative Walker of the 107th:
A RESOLUTION commending and recognizing Alex Farriba; and for other purposes.
HR 638. By Representative Mills of the 25th:
A RESOLUTION recognizing Maj. Vincent Ferrara (Ret.) for his military service; and for other purposes.
HR 639. By Representatives Shipp of the 58th, Byrd of the 20th, Kaiser of the 59th, Drenner of the 86th, Abrams of the 84th and others:
A RESOLUTION commending the Imagine Wesley International Academy; and for other purposes.
HR 640. By Representative Royal of the 171st:
A RESOLUTION commending Linda Edwards; and for other purposes.

TUESDAY, MARCH 27, 2007

1547

HR 641. By Representatives Royal of the 171st, Roberts of the 154th, Williams of the 4th and O`Neal of the 146th:
A RESOLUTION commending Roy Bahl; and for other purposes.
HR 642. By Representatives Hudson of the 124th and Parham of the 141st:
A RESOLUTION recognizing and commending educator Nancy Marshall on the occasion of her retirement from Putnam Elementary School; and for other purposes.
HR 643. By Representative Hudson of the 124th:
A RESOLUTION commending the Hancock County Class C boys basketball All Star Team; and for other purposes.
HR 644. By Representative Powell of the 29th:
A RESOLUTION commending the organizers of Red Ribbon Week in Franklin County; and for other purposes.
HR 645. By Representative Powell of the 29th:
A RESOLUTION honoring and remembering the life of George Truitte Brown; and for other purposes.
HR 646. By Representative Powell of the 29th:
A RESOLUTION honoring and remembering the life of Lonnie Rondall Burns; and for other purposes.
HR 647. By Representatives Peake of the 137th, Cole of the 125th, Freeman of the 140th, Randall of the 138th, Sellier of the 136th and others:
A RESOLUTION commending the Stratford Academy Eaglettes cross country team; and for other purposes.
HR 648. By Representative Everson of the 106th:
A RESOLUTION commending Julie Mearon; Shiloh High School Teacher of the Year; and for other purposes.

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HR 649. By Representatives Manning of the 32nd, Burkhalter of the 50th, Tumlin of the 38th, Setzler of the 35th, Ehrhart of the 36th and others:
A RESOLUTION congratulating the Kennesaw State University Owls ice hockey team; and for other purposes.
HR 650. By Representatives Tumlin of the 38th, Ehrhart of the 36th, Setzler of the 35th, Golick of the 34th, Wix of the 33rd and others:
A RESOLUTION honoring Paul Charles "Charlie" Hood for his leadership and many outstanding accomplishments; and for other purposes.
HR 651. By Representatives Tumlin of the 38th, Ehrhart of the 36th, Setzler of the 35th, Golick of the 34th, Wix of the 33rd and others:
A RESOLUTION commending Martha Lee Pratt Brumby; and for other purposes.
HR 652. By Representative Everson of the 106th:
A RESOLUTION commending Heather Cain; Shiloh Elementary School Teacher of the Year; and for other purposes.
HR 653. By Representatives Davis of the 109th, Mosby of the 90th and Watson of the 91st:
A RESOLUTION commending and congratulating Justin Crozier on winning the Traditional State Class AAAAA Wrestling Championship; and for other purposes.
HR 654. By Representatives Davis of the 109th, Mosby of the 90th and Watson of the 91st:
A RESOLUTION congratulating the 2006-2007 Stockbridge High School Tigers wrestling team on winning the Class AAAA State Duals and Traditional Wrestling Championships; and for other purposes.
HR 655. By Representative Everson of the 106th:
A RESOLUTION commending Cindy Apley Rose; Shiloh Middle School Teacher of the Year; and for other purposes.

TUESDAY, MARCH 27, 2007

1549

HR 656. By Representative Everson of the 106th:
A RESOLUTION commending Donna D. Rothell, South Gwinnett High School Teacher of the Year; and for other purposes.
HR 657. By Representative Everson of the 106th:
A RESOLUTION commending Cathy Griffin, Snellville Middle School Teacher of the Year; and for other purposes.
HR 658. By Representative Everson of the 106th:
A RESOLUTION congratulating Coach Dave Hunter on the occasion of his retirement; and for other purposes.
HR 659. By Representatives Murphy of the 120th, Howard of the 121st, Davis of the 122nd, Frazier of the 123rd and Sims of the 119th:
A RESOLUTION congratulating Mr. Bob Pedde; and for other purposes.
HR 660. By Representatives Murphy of the 120th, Frazier of the 123rd, Davis of the 122nd and Howard of the 121st:
A RESOLUTION commending Dr. Charles G. Larke on his outstanding service in educating the children of Richmond County; and for other purposes.
HR 661. By Representatives Stephens of the 164th, Parrish of the 156th and Wilkinson of the 52nd:
A RESOLUTION recognizing his Excellency Dr. Klaus Scharioth, Ambassador of the Federal Republic of Germany to the United States, upon his visit to Georgia; and for other purposes.
The following supplemental Rules Calendar was read and adopted:
HOUSE SUPPLEMENTAL RULES CALENDAR TUESDAY, MARCH 27, 2007
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 30th Legislative Day as enumerated below:

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UNCONTESTED HOUSE/SENATE RESOLUTIONS

HR 201 HR 423 HR 524

Georgia's High Tech Corridor; certain portion; remove designation (Substitute)(Trans-Lane-167th) Billy Lancaster Memorial Highway; dedicate (Substitute)(Trans-Cole125th) Gerald Dasher Memorial State Farmers' Market; dedicate (SI&P-Barnard166th)

DEBATE CALENDAR

Open Rule

HB 117 HB 291 HB 314 HB 391 HB 467 HB 519 HB 527 HB 528 HB 551 HB 586 HB 648 HB 655

Motor vehicles; definition; exempt certain vehicles (Substitute)(JudyHeard-104th) Georgia Council for the Arts; Georgia Arts Alliance; create (Substitute)(ED&T-Wilkinson-52nd) Persons convicted of certain sex offenses; probation; DNA analysis; provide (Substitute)(JudyNC-Neal-1st) Cemeterians State Board; members qualifications; change certain provisions (RegI-Rogers-26th) University system; international baccalaureate diploma program; provide course credit (HEd-Hembree-67th) Counties and municipal corporations; taxicabs; provisions (GAffGeisinger-48th) Probation; private supervision services; minimum fee; establish (Substitute)(SI&P-Horne-71st) Cosmetic laser practitioners; registration certificates; provisions (RegIMartin-47th) State False Medicaid Claims Act; enact (Substitute)(Judy-Lindsey-54th) Alternative attorneys; capital cases; counsel appointment and fees; change matters (Substitute)(JudyNC-Ralston-7th) Long-term care insurance; changes to certain definitions; provide (InsKnox-24th) Georgia Commission on Hearing Impaired and Deaf Persons; create (Substitute)(H&HS-Smith-113th)

Modified Open Rule

HB 587

Gas; public convenience and necessity certificates; provide for revocation (Substitute)(EU&T-May-111th)

TUESDAY, MARCH 27, 2007

1551

Modified Structure Rule

HB 131 HB 226 HB 279 HB 332 HB 394 HB 497

Georgia HERO Scholarship; surviving spouses; change definitions (Substitute)(HEd-Horne-71st) Obscenity crimes; distribution of obscene materials; insert new provisions (Substitute)(JudyNC-Ralston-7th) Katie Beckett waiver program; eligibility; certain children; require certain procedures (Substitute)(H&HS-Collins-27th) Quality Basic Education Act; certain maximum class size requirements; delay implementation (Ed-Coleman-97th) Emergency 9-1-1 system; change provisions; Wireless Communications Security Act; enact (Substitute)(JudyNC-Lunsford-110th) Adoption; surrender rights; provisions (Judy-Sheldon-105th)

Structured Rule

HB 264 HB 327

Homestead option sales and use tax; disbursing proceeds; change manner and method (Substitute)(W&M-Millar-79th) Setoff debt collection; public housing authorities; authorize (Substitute)(W&M-Williams-178th)

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:

HR 201. By Representatives Lane of the 167th, Williams of the 178th, Pruett of the 144th, Sims of the 169th, Smith of the 168th and others:

A RESOLUTION removing the designation of a portion of Georgia's High Tech Corridor and amending Part II of a Resolution Act approved May 16, 2002 (Ga. L. 2002, p. 1460); and for other purposes.

The following Committee substitute was read and adopted:

A RESOLUTION

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Removing the designation of a portion of Georgia's High Tech Corridor and amending Part II of a Resolution Act approved May 16, 2002 (Ga. L. 2002, p. 1460); dedicating the Golden Isles Parkway; and for other purposes.
PART I WHEREAS, in 2002, the General Assembly, by Res. Act No. 1327, designated Georgia's High Tech Corridor.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of US 341 from the corporate limits of the City of Perry to the corporate limits of the City of Brunswick shall no longer be designated as Georgia's High Tech Corridor. The Department of Transportation is authorized and directed to remove from such highway any signs identifying such corridor.
BE IT FURTHER RESOLVED that Part II of a Resolution Act approved May 16, 2002 (Ga. L. 2002, p. 1460) is amended to read as follows:
"BE IT FURTHER RESOLVED that the portion of U.S. Highway 441 from the corporate limits of the City of Dublin to the point at which it connects with U.S. Highway 341 is designated as Georgia's High Tech Corridor, and the Department of Transportation is authorized and directed to place appropriate signs at appropriate locations designating said highway as provided in this resolution."
PART II WHEREAS, in 1978, the General Assembly, by Res. Act No. 221, designated a portion of certain highways as the Golden Isles Highway.
WHEREAS, in 1978, the General Assembly, by Res. Act No. 221, designated a portion of certain highways as the Golden Isles Connector.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of the state highway system beginning at the intersection of I16 and US 23 and continuing to the intersection of US 23 and US 341 shall continue to be dedicated as the Golden Isles Highway. US 341 from its intersection with US 23 to the City of Brunswick is hereby dedicated as the Golden Isles Parkway. US 341 from its intersection with US 23 to the City of Brunswick shall no longer be dedicated as the Golden Isles Highway. The Department of Transportation is authorized and directed to remove from this portion of the state highway system any signs identifying such corridor as the Golden Isles Highway and replace them with signs identifying such corridor as the Golden Isles Parkway.
BE IT FURTHER RESOLVED that the portion of US 341 beginning at I75 and ending in Eastman at the intersection of US 23 is hereby dedicated as the Golden Isles Parkway. This portion of the state highway system shall no longer be dedicated as the Golden Isles

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Connector. The Department of Transportation is authorized and directed to remove from such highway any signs identifying such corridor as the Golden Isles Connector and replace them with signs identifying such corridor as the Golden Isles Parkway.
BE IT FURTHER RESOLVED that Res. Act No. 221, approved April 6, 1978 (Ga. L. 1978, p. 2138) is amended by replacing Golden Isles Highway and Golden Isles Connector with Golden Isles Parkway wherever it is appropriate to resolve any conflicts with this resolution.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is directed to transmit an appropriate copy of this resolution to the Department of Transportation.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
HR 423. By Representative Cole of the 125th:
A RESOLUTION dedicating the Billy Lancaster Memorial Highway; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Dedicating certain portions of the state highway system; and for other purposes.
PART I WHEREAS, Billy Lancaster lived his life with a passion for the land and for forestry; and
WHEREAS, he also had an equal passion for working with the youth of Georgia; and
WHEREAS, he was a strong believer in the stewardship ethic expected of landowners and foresters; and
WHEREAS, he was a strong supporter of the Georgia Forestry Association and its important role in protecting the right of landowners and foresters to practice good forestry management; and
WHEREAS, the Society of American Foresters Youth Camp founded in 1989 by Billy Lancaster was renamed the Billy Lancaster Forestry Youth Camp in 2003; and
WHEREAS, Billy Lancaster's passion for life was contagious, and those who knew him and had the privilege to be around him were blessed; and

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WHEREAS, it is only fitting that his memory be perpetuated for generations to come.
PART II WHEREAS, Nathan and James Simmons were Georgians and brothers who proudly and courageously served their country when called upon; and
WHEREAS, Nathan B. Simmons was born on June 10, 1929, in Appling County, Georgia; and
WHEREAS, he enlisted in the United States Army, and rose to the rank of Sergeant First Class; and
WHEREAS, he was awarded numerous honors and medals, including the Army Commendation medal, Bronze Star medal for meritorious service in connection with military operations against a hostile force, Vietnam Service medal, National Defense Service medal, and the Soldier's Medal for pulling a panic-stricken soldier from a raging stream; and
WHEREAS, he was killed in action in Vietnam on May 12, 1969; and
WHEREAS, James Q. Simmons was born on July 22, 1930, in Nicholls, Georgia; and
WHEREAS, he enlisted in the United States Army and rose to the rank of Staff Sergeant while serving his country in Japan, Korea, and Vietnam; and
WHEREAS, he was awarded numerous honors and medals, including the Bronze Star, Purple Heart, Army of Occupation Medal, Korean Service Medal, Vietnam Service Medal, Sharpshooter Badge with Rifle Bar, and the Parachutist Badge Master; and
WHEREAS, these courageous soldiers, in the spirit of the American patriot, confronted the dangers, privations, and discomforts of wartime service with 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 III WHEREAS, the late Charles Cowart was born in Arlington, Georgia, in 1909, and lived there all of his life; and
WHEREAS, he served the public as county commissioner in Calhoun County for 37 years, including 32 years as chairman. During those years, he made numerous trips to

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Atlanta to work first-hand with legislators and state department heads to find ways to improve Calhoun County; and
WHEREAS, he was always active in his church, Arlington United Methodist, holding various positions, most notably as chairman of the Board of Trustees for many years; and he belonged to several civic organizations; and
WHEREAS, he and Mary Martin were married in 1934; and
WHEREAS, the late Mary Martin Cowart was born in Blakely, Georgia, in 1908; her family moved to Arlington shortly thereafter, and she lived the rest of her life in Arlington; and
WHEREAS, she was very much involved in the work that brought the hospital to Arlington in the mid-1950s, and she then became a charter member of the Hospital Board, where she served as chairwoman for many years; during this same period of time, she worked tirelessly with many others to help Arlington become a Better Hometown community; and
WHEREAS, she always had a deep concern for the underprivileged, and she showed this concern during the many years that she worked for DFACS in Calhoun and Early counties and then later as manager of the Arlington Housing Authority; and
WHEREAS, she was a lifelong member of the Arlington United Methodist Church where she taught adult Sunday School classes for many years, and served in several other positions on the administrative board of the church.
PART IV NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of SR 42 from the City of Forsyth to the entrance to Indian Springs State Park, in Butts and Monroe counties, be dedicated as the Billy Lancaster Memorial Highway.
BE IT FURTHER RESOLVED that the bridge on SR 221 between the city limits of Douglas and SR 206 be dedicated as the SFC Nathan B. Simmons and SSGT James Q. Simmons Memorial Bridge.
BE IT FURTHER RESOLVED that the portion of SR 45 Alternate in Calhoun County from the intersection of SR 45, SR 62, SR 216, and Cedar Street to the junction of SR 45 Alternate with SR 45 be designated as the Charles and Mary Cowart Bypass.

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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 Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation, to the family of Billy Lancaster, to the families of Nathan B. Simmons and James Q. Simmons, and to the family of Charles and Mary Cowart.

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

HR 524. By Representative Barnard of the 166th:

A RESOLUTION dedicating the Gerald Dasher Memorial State Farmers' Market; 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.

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

Y Abdul-Salaam Y Abrams
Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce E Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B E Casas

Y Dempsey Y Dickson Y Dollar
Drenner E Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster
Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson E Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S
Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox

Y Martin Y Maxwell Y May
McCall Y McKillip Y Meadows Y Millar
Mills Y Mitchell Y Morgan
Morris Mosby Y Mumford Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake

Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens
Stephenson Y Talton Y Teilhet

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Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Graves Y Greene Y Hamilton 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 Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis
Lindsey Y Lord Y Loudermilk Y Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y Porter Powell
Y Pruett Y Ralston Y Randall Y Reece Y Reese E Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

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

On the adoption of the Resolutions, the ayes were 151, nays 0.

The Resolutions, having received the requisite constitutional majority, were adopted.

Due to a mechanical malfunction, the vote of Representative Powell of the 29th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 291. By Representatives Wilkinson of the 52nd, Butler of the 18th, Rice of the 51st, Ashe of the 56th, Stephens of the 164th and others:

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 create the Georgia Arts Alliance; to provide for legislative findings; to provide for certain reports and audits; to provide for development of a cultural policy for the State of Georgia; to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the O.C.G.A., relating to other educational programs for elementary and secondary education, so as to provide for the development of a Future Art and Music Teachers Pilot 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 Article 2 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Council for the Arts, so as to create the Georgia Arts Alliance; to provide for legislative findings; to foster a public-private partnership for support of the arts; to provide for the membership, appointment, terms, filling of vacancies, duties, and responsibilities of the board of trustees of the Georgia Arts Alliance; to provide for the

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creation, appointment, terms, filling of vacancies, duties, and responsibilities of an advisory committee to the alliance; to provide for certain reports and audits; to provide for development of a cultural policy for the State of Georgia; to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs for elementary and secondary education, so as to provide for the development of a Future Art and Music Teachers Pilot 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. Article 2 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Council for the Arts, is amended by designating the existing text as Part 1 and inserting a new Part 2 to read as follows:
"Part 2
50-12-30. The General Assembly finds that:
(1) Tourism is Georgia's second largest industry and cultural heritage tourism is the fastest growing industry segment; (2) The arts surpass professional sports in attendance and are ranked as one of the top ten reasons for corporate relocations; (3) The arts preserve history and heritage for Georgians; (4) 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; (5) Preparing Georgia children for success in our competitive global economy that increasingly demands creative solutions to challenging problems is a fundamental obligation of the State of Georgia; (6) Utilizing all available tools to improve Georgia's public schools is critical to demonstrating Georgia's strong commitment to work force readiness and to encouraging continued job growth and relocation of attractive knowledge based industries within Georgia; (7) Research studies and experience in recent years demonstrate that the presence of arts in education, whether part of the curriculum or as supplemental programs, can increase students engagement in learning as well as their social and civic development; (8) Integrating arts in education in various ways as a meaningful part of the K12 school environment can have the following benefits:
(A) Reaching and increasing the performance of students who often struggle to succeed in school, including disadvantaged students, English language learners, and students with disabilities;

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(B) Providing new challenges for those students already considered successful; (C) Improving the cognitive skills of students involved in reading, language development, and mathematics; (D) Lead to a student's development of problem solving and critical and creative thinking skills; (E) Motivating students to learn and become more involved in their schools; (F) Increasing student attendance and engagement and lowering drop out rates; and (G) Promoting student self-confidence and fostering better relationships among students and teachers; (9) Public funding support for the arts and the teaching and physical infrastructure needed to provide arts and arts in education is an essential part of Georgia's efforts to improve education and provide for economic development and tourism; (10) Companies desire employees who can meet the challenges of a global economy and can apply creative thought to problem solving; (11) The arts build communities and increase the quality of life for Georgians; (12) 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; (13) It is in the best interests of this state and its citizens to support the arts, education, economic development, and tourism; and (14) The success and significant advances made by the Georgia Research Alliance as a public-private partnership in higher education demonstrates that a coordinated public-private partnership to focus resources on critical educational objectives is an efficient and flexible means for allocating resources and ensuring measurable results.
50-12-31. (a) In order to foster a public-private partnership for the support of the arts, education, economic development, and tourism in this state, there is created the Georgia Arts Alliance. Such alliance shall be for the purpose of receiving and distributing funds for the support of the arts, including the Georgia Council for the Arts, and the teaching and physical infrastructure needed to provide arts and arts in education in order to improve education and provide for economic development and tourism. The Georgia Arts Alliance shall not be an entity or agency of government, but shall be a private entity operating under and in accordance with the laws of this state. It is the intent of the General Assembly that such private entity take all necessary steps to become a Section 501(c)(3) entity under the Internal Revenue Code.
(b)(1) The Georgia Arts Alliance shall be governed by a board of trustees consisting of ten members. The members of the board shall include the State School Superintendent, the commissioner of economic development, the Executive Director of the Georgia Council for the Arts, and seven members appointed by the Governor, Lieutenant Governor, and Speaker of the House as follows: the Governor shall appoint one member who is the head of a not for profit arts organization with an annual budget of more than $10 million, one member who is the head of a not for profit arts organization with an annual budget of less than $10 million, and one

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member who is the chief executive officer of a for profit company with fewer than 1,000 employees; the Lieutenant Governor shall appoint one member who is the chief executive officer of a for profit company with more than 1,000 employees and one member who is the head of a school district with fewer than 25,000 students; and the Speaker of the House shall appoint one member who is a representative of a private charitable foundation and one member who is the head of a school district with greater than 25,000 students. (b)(2) The Governor shall appoint one member to serve as chairperson of the board of trustees. The board may elect such other officers as the board deems appropriate. The board shall meet at the call of the chairperson or the request of any three members. (c) The members of the board of trustees shall serve terms of four years and until their successors are appointed and qualified; provided, however, that the initial terms of the head of a not for profit arts organization with an annual budget of more than $10 million, the head of a school district with more than 25,000 students, and the chief executive officer of a for profit company with fewer than 1,000 employees in Georgia shall be for two years and until their successors are appointed and qualified. Thereafter, such members shall serve four-year terms and until their successors are appointed and qualified. The members of the board shall serve without compensation but may be reimbursed for actual and reasonable expenses incurred while on the business of the alliance. (d) The board of trustees shall appoint an advisory committee to assist the board members in their duties. Such advisory committee shall consist of not more than 30 members and shall be chaired by the executive director of the alliance. The advisory committee shall include at least two representatives from each of the state's congressional districts. In making its appointments, the board shall select members of the boards of arts, education, economic development, and tourism organizations; persons who have shown a commitment to the arts in their communities; and persons who understand the needs of business, education, and the arts and tourism industries. Such members shall serve for four-year terms and until their successors are selected and qualified; provided, however, that the board of trustees shall designate 15 of the initial appointees to serve terms of two years and until their successors are selected and qualified. Such 15 members shall thereafter serve four-year terms and until their successors are selected and qualified. The members of the advisory committee shall serve without compensation but may be reimbursed for actual and reasonable expenses incurred while on the business of the advisory committee.
50-12-32. The Georgia Arts Alliance shall have the following purposes:
(1) To support the efforts of the Georgia Council for the Arts in the advancement of the arts and tourism industries of this state; (2) To recommend a cultural policy for the State of Georgia;

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(3) To support the improvement of public education in Georgia through the integration of the arts in education and to ensure that the benefits of arts education are competitively available to all schools; (4) To provide annually to individual public schools enabling matching grants for up to three years for a specified arts program or project for students based on competitive evaluation by the advisory board or a committee of the advisory board of the various proposals, taking into consideration:
(A) Demonstrated local leadership and commitment to oversee the program or project; (B) Demonstrated school administrative support for the program or project; (C) Demonstrated support for the program or project evidenced by local funding support in a flexible match grant to be determined based on local capacity; (D) Engagement of arts expertise appropriate for the content and structure of the program or project; and (E) Commitment to measure and evaluate the results of the program or project; (5) To provide annually to the Georgia Council for the Arts an incremental addition to the council's funding from other sources to support professional development of teachers, teaching artists, and administrators for arts in education through learning grants to individuals; and to support employment of an art education specialist in both the Georgia Council for the Arts and the Department of Education; (6) To partner with a Learning Center for Excellence in the Arts serving all of Georgia which is owned or operated by an organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code and which is part of a Music Center of Excellence serving all of Georgia and has an infrastructure in place to support at least 50,000 students in kindergarten through grade 12; (7) To receive, invest, and administer funds received, including without limitation funds from the state, the federal government, private donations, grants, and other sources to fulfill the purposes for which the alliance is created; (8) To attract contributions and grants for the purposes of the alliance; (9) To utilize funds of the alliance for matching dollars for federal and foundation grants to fulfill the purposes of the alliance; and (10) To engage in other activities designed to support Georgia's arts and the teaching and physical infrastructure needed to provide arts and arts in education in order to improve education and provide for economic development and tourism.
50-12-33. The board of trustees shall have the following duties and responsibilities:
(1) To operate and manage the Georgia Arts Alliance, including the investment and reinvestment of the alliance's funds, the management of assets of the alliance, and the distribution of such funds and assets to fulfill the purpose of the alliance; (2) To enter into contracts with public and private entities for services needed by the alliance and to fulfill the purposes of the alliance;

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(3) To employ an executive director and such other staff and consultants as deemed necessary to fulfill the purposes of the alliance and to manage, invest, and administer funds and assets of the alliance; (4) To receive, retain, and invest donations, state and federal funding, grants, and other funds and assets; (5) To ensure that an annual independent audit is conducted of all funds and assets of the alliance; (6) To apply for and administer grants from public and private entities to fulfill the purposes of the alliance, to assist Georgia arts organizations in obtaining and administering grants for these purposes, and to partner with other organizations in order to obtain such grants; (7) To institute and administer grant programs for Georgia arts organizations and programs to fulfill the purposes of the alliance; (8) To ensure that determinations of any public funding recipients shall be based not on political expediency but rather on the project's contribution to the general welfare of its intended audience and the project's demonstration of its relative ability to provide benefits to the state and its citizens as quantified as required by paragraph (10) of this Code section. (9) To promote, fund, conduct, and assist in the development, provision, and expansion of arts education programs in Georgia and the teaching and physical infrastructure needed to provide arts and arts in education; (10) To develop a measurement system that will ensure that information provided by the alliance in any report to the Governor and the General Assembly concerning the impact of the arts on education, economic development, and tourism have verifiable metrics in order to aid the General Assembly in determining whether any public money expended in support of the arts provides quantifiable benefits to the state and its citizens; and (11) To perform such other tasks as may be appropriate to fulfill its purposes not inconsistent with law.
50-12-34. (a) The funds and assets of the alliance shall be independently audited annually, and the results of such audit shall be open to inspection at reasonable times by any person. A copy of the audit report shall be sent to the state auditor and the state accounting officer. (b) The alliance shall provide the Governor and the members of the General Assembly with a full report of its activities and funds distribution in December of each year with recommendations, if any, for legislation to assist the alliance in achieving its purposes. The report shall include information on the impact of the arts on education, economic development, and tourism, specifying the metric results using the measurement system developed by the alliance as required in paragraph (10) of Code Section 50-12-33.

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50-12-35. By no later than June 1, 2008, the Georgia Arts Alliance shall recommend to the Governor and the General Assembly a cultural policy for the State of Georgia. The policy shall include, but not be limited to, the following elements:
(1) Strategies for promoting, both within Georgia and beyond, cultural tourism for all areas of the state; and (2) A recommendation for a state framework for instruction in the arts in public schools, including a recommendation for minimum periods of instruction."

SECTION 2. Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs for elementary and secondary education, is amended by adding a new Code section as follows: "20-2-319.3. (a) The Department of Education, in conjunction with the Georgia Arts Alliance, shall develop a plan for a Future Art and Music Teachers Pilot Program to be reviewed by the Department of Education and the Georgia Arts Alliance no later than June 1, 2008. (b) The plan developed for the Future Art and Music Teachers Pilot Program shall provide, in at least six schools in this state, a program through which students in grades 11 and 12 may provide visual art and music instruction to students in kindergarten through grade six."

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce E Bryant Y Buckner Y Burkhalter

Y Dempsey Y Dickson Y Dollar Y Drenner E Dukes Y Ehrhart Y England Y Epps Y Everson
Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Frazier

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson E Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar
Mills Y Mitchell Y Morgan
Morris Y Mosby Y Mumford
Murphy Y Neal Y Nix

N Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre

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Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B E Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H N Davis, S Y Day

Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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

Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord N Loudermilk Y Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter
Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese E Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Stanley-Turner Y Starr Y Stephens
Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix E Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 155, nays 4.

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

Representative Murphy of the 120th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Due to a mechanical malfunction, the vote of Representative Powell of the 29th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 314. By Representatives Neal of the 1st, Ralston of the 7th, Day of the 163rd, Coan of the 101st, Fleming of the 117th and others:

A BILL to be entitled an Act to amend Code Section 24-4-60 of the Official Code of Georgia Annotated, relating to requirement for DNA analysis of blood of persons convicted of certain sex offenses or convicted of a felony and incarcerated in a state correctional facility, so as to provide for DNA analysis of persons convicted of certain felonies and sexual offenses who are placed on probation; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

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A BILL
To amend Code Section 24-4-60 of the Official Code of Georgia Annotated, relating to requirement for DNA analysis of blood of persons convicted of certain sex offenses or convicted of a felony and incarcerated in a state correctional facility, so as to provide for DNA analysis of persons convicted of certain felonies and sexual offenses who are placed on probation; 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 24-4-60 of the Official Code of Georgia Annotated, relating to requirement for DNA analysis of blood of persons convicted of certain sex offenses or convicted of a felony and incarcerated in a state correctional facility, is revised as follows:
"24-4-60. (a) As used in subsection (b) of this Code section, the term 'state correctional facility' means a penal institution under the jurisdiction of the Department of Corrections, including inmate work camps and inmate boot camps; provided, however, that such term shall not include a probation detention center, probation diversion center, or probation boot camp under the jurisdiction of the Department of Corrections. (b) Any person convicted of a criminal offense defined in Code Section 16-6-1, relating to the offense of rape; Code Section 16-6-2, relating to the offense of sodomy or aggravated sodomy; Code Section 16-6-3, relating to the offense of statutory rape; Code Section 16-6-4, relating to the offense of child molestation or aggravated child molestation; Code Section 16-6-5, relating to the offense of enticing a child for indecent purposes; Code Section 16-6-5.1, relating to the offense of sexual assault against persons in custody, sexual assault against a person detained or a patient in a hospital or other institution, or sexual assault by a practitioner of psychotherapy against a patient; Code Section 16-6-6, relating to the offense of bestiality; Code Section 16-6-7, relating to the offense of necrophilia; or Code Section 16-6-22, relating to the offense of incest, shall have a sample of his or her blood, an oral swab, or a sample obtained from a noninvasive procedure taken for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person. In addition, on and after July 1, 2000, any person convicted of a felony and incarcerated in a state correctional facility shall at the time of entering the prison system have a sample of his or her blood, an oral swab, or a sample obtained from a noninvasive procedure taken for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person. The provisions and requirements of this Code section shall also apply to any person who has been convicted of a felony prior to July 1, 2000, and who currently is incarcerated in a state correctional facility in this state for such offense. The provisions and requirements of this Code section shall also apply to any person who has been convicted of a felony in this state on or after July 1, 2000, and who is incarcerated

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in a private correctional facility in this state for such offense pursuant to a contract with the Department of Corrections upon entering the facility, and for any person convicted of a felony prior to July 1, 2000, and who is incarcerated in a private correctional facility in this state pursuant to contract with the Department of Corrections. The analysis shall be performed by the Division of Forensic Sciences of the Georgia Bureau of Investigation. The division shall be authorized to contract with individuals or organizations for services to perform such analysis. The identification characteristics of the profile resulting from the DNA analysis shall be stored and maintained by the bureau in a DNA data bank and shall be made available only as provided in Code Section 24-4-63.
(c)(1) On and after July 1, 2007, any person who is placed on probation shall have a sample of his or her blood, an oral swab, or a sample obtained from a noninvasive procedure taken for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person if such person is convicted of a felony violation of any of the following:
(A) Chapter 5 of Title 16, relating to crimes against persons; (B) Code Section 16-6-1, relating to the offense of rape; (C) Code Section 16-6-2, relating to the offense of sodomy or aggravated sodomy; (D) Code Section 16-6-3, relating to the offense of statutory rape; (E) Code Section 16-6-4, relating to the offense of child molestation or aggravated child molestation; (F) Code Section 16-6-5, relating to the offense of enticing a child for indecent purposes; (G) Code Section 16-6-5.1, relating to the offense of sexual assault against persons in custody, sexual assault against a person detained or a patient in a hospital or other institution, or sexual assault by a practitioner of psychotherapy against a patient; (H) Code Section 16-6-6, relating to the offense of bestiality; (I) Code Section 16-6-7, relating to the offense of necrophilia; (J) Code Section 16-6-22, relating to the offense of incest; (K) Code Section 16-7-1, relating to the offense of burglary; (L) Code Section 16-8-40, relating to the offense of robbery; (M) Code Section 16-8-41, relating to the offense of armed robbery; (N) Code Section 16-10-23, relating to the offense of impersonating an officer; (O) Code Section 16-10-24, relating to the offense of obstruction of an officer; (P) Article 4 of Chapter 11 of Title 16, relating to dangerous instrumentalities and practices; and (Q) Chapter 13 of Title 16, relating to controlled substances. (2) The analysis shall be performed by the Division of Forensic Sciences of the Georgia Bureau of Investigation. The division shall be authorized to contract with individuals or organizations for services to perform such analysis. The identification characteristics of the profile resulting from the DNA analysis shall be stored and maintained by the bureau in a DNA data bank and shall be made available only as

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provided in Code Section 24-4-63. The Department of Corrections shall be responsible for collecting such sample."

SECTION 2. This Act shall become effective on July 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 N Abrams Y Amerson Y Ashe Y Barnard Y Bearden N Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce E Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B E Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier Y Freeman
Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Y Hudson Y Hugley Y Jackson E Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar
Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese E Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

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

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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 391. By Representatives Rogers of the 26th, Parham of the 141st, Knox of the 24th, Heard of the 114th, Loudermilk of the 14th and others:

A BILL to be entitled an Act to amend Code Section 43-8B-5 of the Official Code of Georgia Annotated, relating to the State Board of Cemeterians and the number, terms, appointments, vacancies, and removal of members, so as to change certain provisions relating to qualifications of board members; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce E Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox

Y Dempsey Y Dickson 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 Frazier Y Freeman
Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson E Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas

Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese E Rice Y Roberts

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

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Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

Y Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Williams, M Y Williams, R Y Wix E 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 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 75. By Senators Meyer von Bremen of the 12th, Williams of the 19th, Stoner of the 6th and Golden of the 8th:

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, and 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 89. By Senators Adelman of the 42nd, Pearson of the 51st, Weber of the 40th, Golden of the 8th, Stoner of the 6th and others:

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 the creation of townships; to provide a short title; to provide for the requirements for the creation of such townships; to provide for boards of town supervisors for such townships; to provide for powers, duties, and functions of such town supervisors; to provide for officers, meetings, elections, and filling of vacancies for such town supervisors; to provide for certain immunities; to provide that property within such townships shall not be subject to municipal annexation; to conform related laws; to provide for related matters; to provide for an effective date and for automatic

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repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
SB 122. By Senators Hill of the 32nd, Rogers of the 21st and Weber of the 40th:
A BILL to be entitled an Act to amend Code Section 20-2-210 of the Official Code of Georgia Annotated, relating to annual performance evaluations, so as to require that the annual evaluation is signed by the evaluator and provided to the certificated person; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 182. By Senators Wiles of the 37th, Unterman of the 45th and Hill of the 32nd:
A BILL to be entitled an Act to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to change provisions relating to asbestos claims and silica claims; to state legislative findings and purpose; to provide for applicability; to provide definitions; to provide that physical impairment shall be an essential element of an asbestos claim or a silica claim; to provide for a limitations period for filing a claim; to provide for dismissal of pending claims under certain conditions; to provide for general rules applicable to new filings; to provide for forum non conveniens; to provide for venue; to provide for joinder and consolidation of claims; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.
SB 258. By Senators Fort of the 39th, Tate of the 38th and Thomas of the 2nd:
A BILL to be entitled an Act to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, so as to present legislative findings; to define terms; to ban the sale of marijuana or hemp flavored candy; to provide for penalties; 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 400. By Senators Chapman of the 3rd, Brown of the 26th, Shafer of the 48th, Hudgens of the 47th, Goggans of the 7th and others:
A RESOLUTION proposing an amendment to the Constitution of the State of Georgia so as to provide for a program of state income tax credits for charitable contributions to nonprofit organizations providing health or social services which reduce the need for government services; to provide for

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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 Bills of the House were taken up for consideration and read the third time:

HB 467. By Representative Hembree of the 67th:

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 in Georgia, so as to provide for course credit for entering freshmen students who have successfully completed the international baccalaureate diploma program; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following amendment was read and adopted:

Representative Hembree of the 67th moves to amend HB 467 (LC 33 1871) by striking the colon at the end of line 18 on page 1 and lines 19 through 24 on page 1 and lines 1 through 3 on page 2 and inserting in lieu thereof the following:

, except as otherwise provided by this subsection, grant at least 24 semester credit hours or equivalent course credit in appropriate subject areas to an entering freshman student for successful completion of the international baccalaureate diploma program. The institution may grant fewer than 24 semester credit hours if a student received a score of less than four on an examination administered as part of the international baccalaureate diploma program. The institution may grant fewer credit hours only with respect to courses that are substantially related to the subject area of that examination.

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black

Y Dempsey Y Dickson Y Dollar Y Drenner E Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson E Jacobs Y James Y Jamieson

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield

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Y Bridges Y Brooks Y Bruce E Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield
Heard, J Y Heard, K E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese E Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

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

On the passage of the Bill, as amended, the ayes were 168, nays 0.

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

HB 519. By Representatives Geisinger of the 48th, Lindsey of the 54th, Fleming of the 117th, Powell of the 29th, Chambers of the 81st 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 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 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:

TUESDAY, MARCH 27, 2007

1573

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce E Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson Y Dollar Y Drenner E Dukes Y Ehrhart Y England Y Epps
Everson Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A Y Holmes

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

Y Martin Maxwell May
Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese E Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

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

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

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

Representative Maxwell of the 17th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 527. By Representatives Horne of the 71st, Barnard of the 166th and Mitchell of the 88th:

A BILL to be entitled an Act to amend Article 6 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to agreements for probation

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services, so as to establish a minimum supervision fee which shall be charged under agreements for private probation supervision services; to authorize the supervision of certain felony offenders pursuant to such agreements for private probation supervision services; to authorize certain probation officers to supervise certain nonviolent felony offenders; to preclude registration fees for private or governmental probation services registering with the County and Municipal Probation Advisory Council; 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 Article 6 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to agreements for probation services, so as to preclude registration fees for private or governmental probation services registering with the County and Municipal Probation Advisory Council; 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 6 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to agreements for probation services, is amended by revising paragraphs (a)(1) and (b)(1) of Code Section 42-8-107, relating to registration with the County and Municipal Probation Advisory Council, as follows:
"(a)(1) All private corporations, private enterprises, and private agencies contracting or offering to contract for probation services shall register with the 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)(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. No registration fee shall be required."

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SECTION 2. This Act shall become effective on July 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:

N Abdul-Salaam N Abrams Y Amerson Y Ashe Y Barnard Y Bearden N Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce E Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd N Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper E Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson Y Dollar Y Drenner E Dukes Y Ehrhart Y England Y Epps Y Everson
Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves N Greene Y Hamilton Y Hanner Y Harbin N 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 N Houston Y Howard Y Hudson Y Hugley
Jackson E Jacobs Y James Y Jamieson Y Jenkins
Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S N Jordan Y Kaiser Y Keen N Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas
Lunsford Y Maddox N Mangham Y Manning Y Marin

Y Martin Y Maxwell Y May N McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell N Morgan Y Morris Y Mosby N Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese E Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

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

On the passage of the Bill, by substitute, the ayes were 148, nays 16.

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The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 551. By Representative Lindsey of the 54th:
A BILL to be entitled an Act to amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to provide for the "State False Medicaid Claims Act"; to provide for a short title; to provide for legislative findings; to provide for definitions; to provide for liability to this state for certain false claims; to provide for civil actions for false Medicaid claims; to provide for exclusions for certain civil actions; to provide for procedure; to provide for burden of proof; to provide for whistleblower protection; to provide for statute of limitations; to provide for venue; 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 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to provide for the "State False Medicaid Claims Act"; to provide for a short title; to provide for legislative findings; to provide for definitions; to provide for liability to this state for certain false claims; to provide for civil actions for false Medicaid claims; to provide for exclusions for certain civil actions; to provide for procedure; to provide for burden of proof; to provide for whistleblower protection; to provide for statute of limitations; to provide for venue; 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 "State False Medicaid Claims Act."
SECTION 2. The General Assembly recognizes that the submission of false or fraudulent claims to the Georgia Medicaid program can and does cause the state treasury to incur serious financial losses which results in direct harm to the taxpayers of this state. This Act is intended to provide a partial remedy for this problem by providing specific procedures whereby this state, and private citizens acting for and on behalf of this state, may bring civil actions against persons and entities who have obtained state funds through the submission of false or fraudulent claims to state agencies. This Act, in its provision for double and sometimes treble damages, is remedial in purpose, and is intended not to punish, but

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insofar as possible to make the state treasury whole for both the direct and indirect losses caused by the submission of false or fraudulent claims resulting in payments by this state or state agencies. By receiving a portion of the recovery in civil actions brought under this article, "whistle blowers" are encouraged to come forward when they have information about the submission of false claims to the Georgia Medicaid program, and rewarded when their initiative results in civil recoveries for this state.
SECTION 3. Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, is amended by adding a new article to read as follows:
"ARTICLE 7B
49-4-168. As used in this article, the term:
(1) 'Claim' includes any request or demand, whether under a contract or otherwise, for money, property, or services, which is made to the Georgia Medicaid program, or to any officer, employee, fiscal intermediary, grantee or contractor of the Georgia Medicaid program, or to other persons or entities if it results in payments by the Georgia Medicaid program, if the Georgia Medicaid program provides or will provide any portion of the money or property requested or demanded, or if the Georgia Medicaid program will reimburse the contractor, grantee, or other recipient for any portion of the money or property requested or demanded. A claim includes a request or demand made orally, in writing, electronically, or magnetically. Each claim may be treated as a separate claim. (2) 'Knowing' and 'knowingly' mean that a person, with respect to information:
(A) Has actual knowledge of the information; (B) Acts in deliberate ignorance of the truth or falsity of the information; or (C) Acts in reckless disregard of the truth or falsity of the information. No proof of specific intent to defraud is required. (3) 'Person' means any natural person, corporation, company, association, firm, partnership, society, joint-stock company, or any other entity with capacity to sue or be sued.
49-4-168.1. (a) Any person who:
(1) Knowingly presents or causes to be presented to the Georgia Medicaid program a false or fraudulent claim for payment or approval; (2) Knowingly makes, uses, or causes to be made or used, a false record or statement to get a false or fraudulent claim paid or approved by the Georgia Medicaid program; (3) Conspires to defraud the Georgia Medicaid program by getting a false or fraudulent claim allowed or paid;

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(4) Has possession, custody, or control of property or money used, or to be used by the Georgia Medicaid program and, intending to defraud the Georgia Medicaid program or willfully to conceal the property, delivers, or causes to be delivered, less property than the amount for which the person receives a certificate of receipt; (5) Being authorized to make or deliver a document certifying receipt of property used, or to be used, by the Georgia Medicaid program and, intending to defraud the Georgia Medicaid program, makes or delivers the receipt without completely knowing that the information on the receipt is true; (6) Knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the Georgia Medicaid program, who lawfully may not sell or pledge the property; or (7) Knowingly makes, uses, or causes to be made or used, a false record or statement to conceal, avoid, or decrease an obligation to pay, repay or transmit money or property to the State of Georgia, shall be liable to the State of Georgia for a civil penalty of not less than $5,500.00 and not more than $11,000.00 for each false or fraudulent claim, plus three times the amount of damages which the Georgia Medicaid program sustains because of the act of such person. (b) The provisions of subsection (a) of this Code section notwithstanding, if the court finds that: (1) The person committing the violation of this subsection furnished officials of the Georgia Medicaid program with all information known to such person about the violation within 30 days after the date on which the defendant first obtained the information; (2) Such person fully cooperated with any government investigation of such violation; and (3) At the time such person furnished the Georgia Medicaid program with the information about the violation, no criminal prosecution, civil action, or administrative action had commenced under this article with respect to such violation, and the person did not have actual knowledge of the existence of an investigation into such violation, the court may assess not more than two times the amount of the actual damages which the Georgia Medicaid program sustained because of the act of such person. (c) A person violating any provision of this subsection shall also be liable to this state for all costs of any civil action brought to recover the damages and penalties provided under this article.
49-4-168.2. (a) The Attorney General shall be authorized to investigate suspected, alleged, and reported violations of this article. If the Attorney General finds that a person has violated or is violating this article, then the Attorney General may bring a civil action against such person under this article.

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(b) Subject to the exclusions set forth in this Code section, a civil action under this article may also be brought by a private person. A civil action shall be brought in the name of the State of Georgia. The civil action may be dismissed only if the court and the Attorney General give written consent to the dismissal and state the reasons for consenting to such dismissal. (c) Where a private person brings a civil action under this article, such person shall follow the following special procedures:
(1) A copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the Attorney General; (2) The complaint shall be filed in camera, shall remain under seal for at least 60 days, and shall not be served on the defendant until the court so orders. The purpose of the period under seal shall be to allow the Attorney General to investigate the allegations of the complaint. The Attorney General may elect to intervene and proceed with the civil action within 60 days after it receives both the complaint and the material evidence and information; (3) The Attorney General may, for good cause shown, move the court for extensions of the time during which the complaint remains under seal under paragraph (2) of this subsection. Any such motions may be supported by affidavits or other submissions in camera; (4) Before the expiration of the 60 day period or any extensions obtained under paragraph (3) of this subsection, the Attorney General shall:
(A) Proceed with the civil action, in which case the civil action shall be conducted by the Attorney General; or (B) Notify the court that it declines to take over the civil action, in which case the person bringing the civil action shall have the right to proceed with the civil action; (5) The defendant shall not be required to respond to any complaint filed under this Code section until 30 days after the complaint is unsealed and served upon the defendant; and (6) When a person brings a civil action under this subsection, no person other than the Attorney General may intervene or bring a related civil action based on the facts underlying the pending civil action. (d)(1) If the Attorney General elects to intervene and proceed with the civil action, he or she shall have the primary responsibility for prosecuting the civil action, and shall not be bound by an act of the person bringing such civil action. Such person shall have the right to continue as a party to the civil action, subject to the limitations set forth in this subsection. (2) The Attorney General may dismiss the civil action, notwithstanding the objections of the person initiating the civil action, if the person has been notified by the Attorney General of the filing of the motion and the court has provided the person with an opportunity for a hearing on the motion. (3) The Attorney General may settle the civil action with the defendant notwithstanding the objections of the person initiating the civil action if the court

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determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances. Upon a showing of good cause, such hearing may be held in camera. (4) Upon a showing by the Attorney General that unrestricted participation during the course of the litigation by the person initiating the civil action would interfere with or unduly delay the Attorney General's litigation of the case, or would be repetitious, irrelevant, or for purposes of harassment, the court may, in its discretion, impose limitations on the person's participation, such as:
(A) Limiting the number of witnesses the person may call; (B) Limiting the length of the testimony of such witnesses; (C) Limiting the person's cross-examination of witnesses; or (D) Otherwise limiting the participation by the person in the litigation. (e) Upon a showing by the defendant that unrestricted participation during the course of the litigation by the person initiating the civil action would be for purposes of harassment or would cause the defendant undue burden or unnecessary expense, the court may limit the participation by the person in the litigation. (f) If the Attorney General elects not to proceed with the civil action, the person who initiated the civil action shall have the right to conduct the civil action. If the Attorney General so requests, he or she shall be served with copies of all pleadings filed in the civil action and shall be supplied with copies of all deposition transcripts. When a person proceeds with the civil action, the court may nevertheless permit the Attorney General to intervene at a later date for any purpose, including, but not limited to, dismissal of the civil action notwithstanding the objections of the person initiating the civil action if such person has been notified by the Attorney General of the filing of such motion and the court has provided such person with an opportunity for a hearing on such motion. (g) Whether or not the Attorney General proceeds with the civil action, upon a showing by the Attorney General that certain actions of discovery by the person initiating the civil action would interfere with the Attorney General's investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay such discovery for a period of not more than 60 days. Such a showing shall be conducted in camera. The court may extend the 60 day period upon a further showing in camera that the Attorney General has pursued the criminal or civil investigation or proceedings with reasonable diligence and any proposed discovery in the civil action will interfere with the ongoing criminal or civil investigation or proceedings. (h) Notwithstanding subsections (b) and (c) of this Code section, the Attorney General may elect to pursue this state's claim through any alternate remedy available to the Attorney General, including any administrative proceeding to determine a civil money penalty. If any such alternate remedy is pursued in another proceeding, the person initiating the civil action shall have the same rights in such proceeding as such person would have had if the civil action had continued under this Code section. Any finding of fact or conclusion of law made in such other proceeding that has become final shall be conclusive on all parties to a civil action under this Code section. For purposes of

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this subsection, a finding or conclusion is final if it has been finally determined on appeal to the appropriate court of the State of Georgia, if all time for filing such an appeal with respect to the finding or conclusion has expired, or if the finding or conclusion is not subject to judicial review.
(i)(1) If the Attorney General proceeds with a civil action brought by a private person under subsection (b) of this Code section, such person shall, subject to the second sentence of this paragraph, receive at least 15 percent but not more than 25 percent of the proceeds of the civil action or settlement of the claim, depending upon the extent to which the person substantially contributed to the prosecution of the civil action. Where the civil action is one which the court finds to be based primarily on disclosures of specific information, other than information provided by the person bringing the civil action, relating to allegations or transactions in a criminal, civil, or administrative hearing, in a legislative, administrative, or Attorney General hearing, audit, or investigation, or from the news media, the court may award such sums as it considers appropriate, but in no case more than 10 percent of the proceeds, taking into account the significance of the information and the role of the person bringing such civil action in advancing the case to litigation. Any payment to a person under the first or second sentence of this paragraph shall be made from the proceeds. The remaining proceeds shall be payable to the Indigent Care Trust Fund to be used for the purposes set forth in Code Section 31-8-154. Any such person shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorney's fees and costs. All such expenses, fees, and costs shall be awarded against the defendant. (2) If the Attorney General does not proceed with a civil action under this Code section, the person bringing the civil action or settling the claim shall receive an amount which the court decides is reasonable for collecting the civil penalty and damages. Such amount shall be not less than 25 percent and not more than 30 percent of the proceeds of the civil action or settlement and shall be paid out of such proceeds. The remaining proceeds shall be payable to the Indigent Care Trust Fund to be used for the purposes set forth in Code Section 31-8-154. Such person shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorney's fees and costs. All such expenses, fees, and costs shall be awarded against the defendant. (3) Whether or not the Attorney General proceeds with the civil action, if the court finds that the civil action was brought by a person who planned and initiated the violation of Code Section 49-4-168.1 upon which the civil action was brought, then the court may, to the extent the court considers appropriate, reduce the share of the proceeds of the civil action which the person would otherwise receive under paragraph (1) or (2) of this subsection, taking into account the role of that person in advancing the case to litigation and any relevant circumstances pertaining to the violation. If the person bringing the civil action is convicted of criminal conduct arising from his or her role in the violation of Code Section 49-4-168.1, such person shall be dismissed from the civil action and shall not receive any share of the proceeds

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of the civil action. Such dismissal shall not prejudice the right of the State of Georgia to continue the civil action, represented by the Attorney General. (4) If the Attorney General does not proceed with the civil action and the person bringing the civil action conducts the civil action, the court may award to the defendant its reasonable attorney's fees and expenses against the person bringing the civil action if the defendant prevails in the civil action and the court finds that the claim of the person bringing the civil action was clearly frivolous, clearly vexatious, or brought primarily for purposes of harassment. (5) The State of Georgia shall not be liable for expenses which a private person incurs in bringing a civil action under this article. (j) For purposes of this subsection, 'public employee,' 'public official,' and 'public employment' shall include federal, state, and local employees and officials. (1) No civil action may be brought under this article by a person who is or was a public employee or public official if the allegations of such action are substantially based upon:
(A) Allegations of wrongdoing or misconduct which such person had a duty or obligation to report or investigate within the scope of his or her public employment or office; or (B) Information or records to which such person had access as a result of his or her public employment or office. (2) No court shall have jurisdiction over a civil action under this article based upon the public disclosure of allegations or transactions in a criminal, civil, or administrative hearing, in a legislative, administrative, or Attorney General report, hearing, audit, or investigation, or from the news media, unless the civil action is brought by the Attorney General or unless the person bringing the civil action is an original source of the information. For purposes of this paragraph, 'original source' means an individual who has direct and independent knowledge of the information on which the allegations are based and has voluntarily provided the information to this state before filing a civil action under this Code section based on such information. (3) In no event may a person bring a civil action under this article which is based upon allegations or transactions which are the subject of a civil or administrative proceeding to which the State of Georgia is already party. (4) No civil action may be brought under this article with respect to any claim relating to the assessment, payment, nonpayment, refund or collection of taxes pursuant to any provisions of Title 48.
49-4-168.3. (a) In any civil action brought under this article, the State of Georgia or person bringing the civil action shall be required to prove all essential elements of the cause of civil action, including damages, by a preponderance of the evidence. (b) Except as otherwise provided in this article, all civil actions brought under this article shall be governed by the provisions of Chapter 11 of Title 9, the 'Georgia Civil Practice Act.'

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49-4-168.4. Any employee who is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment by his or her employer because of lawful acts done by the employee, on behalf of the employee or others, in furtherance of a civil action under this article, including investigation for, initiation of, testimony for, or assistance in a civil action filed or to be filed under this article, shall be entitled to all relief necessary to make the employee whole. Such relief shall include reinstatement with the same seniority status such employee would have had but for the discrimination, two times the amount of back pay, interest on the back pay award, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney's fees. An employee may bring a civil action in an appropriate court of the State of Georgia for the relief provided in this Code section.
49-4-168.5. All civil actions under this article shall be filed pursuant to Code Section 49-4-168.2 within six years after the date the violation was committed, or three years after the date when facts material to the right of civil action are known or reasonably should have been known by the state official charged with the responsibility to act in the circumstances, whichever occurs last; provided, however, that in no event shall any civil action be filed more than ten years after the date upon which the violation was committed.
49-4-168.6. All civil actions brought against natural persons under this article shall be brought in the county where the defendant or, in the case of multiple defendants, or of defendants who are not residents of the State of Georgia, in any county where any one defendant resides, can be found, transacts business or commits an act in furtherance of the submittal of a false or fraudulent claim to the Georgia Medicaid program."
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 law in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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N Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce E Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

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

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake
Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese E Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

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

On the passage of the Bill, by substitute, the ayes were 164, nays 2.

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

Representatives Abdul-Salaam of the 74th and Jordan of the 77th stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 586. By Representatives Ralston of the 7th and Fleming of the 117th:

A BILL to be entitled an Act to amend Code Section 17-12-127 of the Official Code of Georgia Annotated, relating to representation and

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appointment of alternative attorneys, so as to change matters relating to appointment of counsel and attorneys fees in capital cases; 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 17-12-127 of the Official Code of Georgia Annotated, relating to representation and appointment of alternative attorneys, so as to change matters relating to appointment of counsel and attorneys fees in capital cases; 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 17-12-127 of the Official Code of Georgia Annotated, relating to representation and appointment of alternative attorneys, is amended by revising subsection (b) as follows:
"(b) If for any reason the office is unable to defend any indigent person accused of a capital felony for which the death penalty is being sought, the presiding judge of the superior court in which the case is pending shall appoint an attorney or attorneys counsel to represent the defendant. Counsel appointed pursuant to this subsection shall be paid A maximum of two attorneys shall be paid by the council at an hourly rate established by the council with state funds appropriated to the council for use by the office. The council with the assistance of the office shall establish guidelines for attorney's fees and expense requests. A county governing authority may provide supplemental compensation to appointed counsel. The presiding judge may appoint not more than one additional attorney to represent the defendant; provided, however, that such attorney shall be paid by the county governing authority with county funds at a rate established by the council."

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 Abrams Y Amerson

Y Dempsey Y Dickson Y Dollar

Y Holt Y Horne Y Houston

Y Martin Y Maxwell Y May

Y Scott, M Y Sellier Y Setzler

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Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce E Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Howard Y Hudson Y Hugley Y Jackson E Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese E Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C
Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix E 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 655. By Representatives Smith of the 113th, Holt of the 112th and Amerson of the 9th:

A BILL To be entitled an Act to amend Chapter 1 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions relative to handicapped persons, so as to change certain provisions relating to a definition of hearing impaired person; and the Georgia Service Center for Hearing Impaired Persons; to create the Georgia Commission on Hearing Impaired and Deaf Persons and provide for its members, powers, and duties; to repeal conflicting laws; and for other purposes.

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The following Committee substitute was read and adopted:
A BILL
To amend Chapter 1 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions relative to handicapped persons, so as to change certain provisions relating to a definition of hearing impaired person and the Georgia Service Center for Hearing Impaired Persons; to create the Georgia Commission on Hearing Impaired and Deaf Persons and provide for its members, powers, and duties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions relative to handicapped persons, is amended by revising Code Section 30-1-5, relating to a definition of hearing impaired person and the Georgia Service Center for Hearing Impaired Persons, as follows:
"30-1-5. (a) For purposes of this Code section, the term 'hearing impaired person' means any person whose hearing is totally impaired, is so seriously impaired as to prohibit the person from understanding oral communication spoken in a normal conversational tone, or as a result of either such impairment is severely speech impaired who, absent the aid of a hearing device, has any degree of impairment in the ability to apprehend sound. (b) The Department of Human Resources shall establish a Georgia Service Center for Hearing Impaired Persons. The center shall provide services to hearing impaired persons, which services shall include, without being limited to:
(1) Telecommunications Devices for the Deaf (TDD) relay services using nonhearing impaired third parties to connect hearing impaired persons with nonhearing impaired persons; (2)(1) A full range of counseling services to hearing impaired persons and their immediate families including, without being limited to, family, marital, and individual counseling; drug and alcohol abuse support groups; and parenting skills groups; and (3)(2) Community outreach services to inform the general public and state and local government agencies regarding the services provided by the center.
(c)(1)(A) There is created the Georgia Commission on Hearing Impaired and Deaf Persons, which shall consist of seven members. Five members shall be appointed by the Governor, one member shall be appointed by the Senate Committee on Assignments, and one member shall be appointed by the Speaker of the House of Representatives. At least two of the members shall be hearing impaired persons, and the remaining five members of the commission shall be selected from among parents of children who are hearing impaired persons, persons who are involved with hearing impaired persons or programs, and representatives of private providers

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of services to hearing impaired persons. Each commission member shall serve for a three-year term and until a successor is appointed and qualified. No member shall serve more than two consecutive terms. Any vacancy on the commission for any reason other than expiration of term shall be filled in the same manner as the original appointment for the remainder of the unexpired term. (B) The commission shall select one member as chairperson. (C) The commission shall be attached to the Department of Human Resources for administrative purposes only as provided by Code Section 50-4-3. (2) Members of the commission shall serve as such without compensation. (3) The commission shall serve as the principal agency of the state to advocate on behalf of hearing impaired persons by working to ensure those persons have equal access to the services, programs, and opportunities available to others. (4) The commission shall: (A) Assist hearing impaired persons and parents of hearing impaired persons who are students in advocating for equal access to services, programs, and opportunities; (B) Advise the Governor, General Assembly, commissioner of human resources, and commissioner of community health on the development of policies, programs, and services affecting hearing impaired persons and on the use of appropriate federal and state moneys for such purposes; (C) Create a public awareness of the special needs and potential of hearing impaired persons; (D) Provide the Governor, General Assembly, commissioner of human resources, and commissioner of community health with a review of ongoing services, programs, and proposed legislation affecting hearing impaired persons; (E) Advise the Governor, General Assembly, commissioner of human resources, and commissioner of community health on statutes, rules, and policies necessary to ensure that hearing impaired persons have equal access to benefits and services provided to individuals in this state; (F) Recommend to the Governor, General Assembly, commissioner of human resources, and commissioner of community health legislation designed to improve the economic and social conditions of hearing impaired persons in this state; (G) Propose solutions to problems of hearing impaired persons in the areas of education, employment, human rights, human services, health, housing, and other related programs; (H) Work with other state and federal agencies and private organizations to promote economic development for hearing impaired persons; and (I) Coordinate its efforts with the Georgia Service Center for Hearing Impaired Persons and other state and local agencies serving hearing impaired persons. (5) The commission may appoint, subject to the availability of funds and approval of the Governor, an executive director who must be experienced in administrative activities and familiar with the problems and needs of hearing impaired persons. The commission may delegate to the executive director any powers and duties under this subsection that do not require commission approval. The executive director may be

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removed at any time by a majority vote of the commission. The executive director shall coordinate the provision of necessary support services to the commission with the Department of Human Resources. Subject to availability of funds, the executive director may employ and direct staff necessary to carry out commission mandates, policies, activities, and objectives. (6) The commission may contract in its own name. Contracts must be approved by a majority of the members of the commission and executed by the chairperson and the executive director. The commission may apply for, receive, and expend in its own name grants and gifts of money consistent with the powers and duties specified in this subsection. (7) The commission may prepare and distribute periodic reports to the Governor, General Assembly, commissioner of human resources, and commissioner of community health concerning the activities of the commission and the needs and concerns of hearing impaired persons."

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black
Bridges Y Brooks Y Bruce E Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas

Y Dempsey Y Dickson 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
Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton

Y Holt Y Horne Y Houston Y Howard Y Hudson
Hugley Y Jackson E Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett

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

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Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

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

Y Levitas 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 Reece Y Reese E Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix E 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.

Representative Bridges of the 10th 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 648. By Representatives Knox of the 24th, Meadows of the 5th, Maxwell of the 17th and Rogers of the 26th:

A BILL to be entitled an Act to amend Code Section 33-42-4 of the Official Code of Georgia Annotated, relating to definitions for long-term care insurance, so as to provide for changes to certain definitions; 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 Abrams Y Amerson
Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce E Bryant Y Buckner

Y Dempsey Y Dickson 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 Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson E Jacobs Y James
Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby
Mumford Y Murphy Y Neal

Y Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V

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Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y Nix Oliver
Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese E Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix E 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.

HB 131. By Representatives Horne of the 71st and Forster of the 3rd:

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 Subpart 10A of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia HERO (Helping Educate Reservists and their Offspring) Scholarship, so as to provide that surviving spouses shall be eligible students; to provide limitations on the time periods when such scholarship funds shall be available; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Subpart 10A of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia HERO (Helping Educate Reservists and their Offspring) Scholarship, is amended by revising paragraph (2) of 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, as follows:
"(2) 'Eligible student' means a person who: (A)(i) Is enrolled as a full-time or part-time student in an approved school; (ii) Meets residency requirements to be classified as a legal resident of Georgia as established pursuant to regulations of the authority and who remains a citizen of the state while receiving funds under this subpart; and (iii) Is a member of the Georgia National Guard as such term is defined in Code Section 38-2-3 or a member of a reserve component of the armed forces of the United States, which member has completed at least one qualifying term of service; or
(B) Is a child: (i) Whose parent was a member of the Georgia National Guard as such term is defined in Code Section 38-2-3 or a member of a reserve component of the armed forces of the United States, including a deceased member, which member completed at least one qualifying term of service; (ii) Who was born prior to such qualifying term of service or within nine months of the beginning of such qualifying term of service; and (iii) Is 25 years of age or younger who is enrolled as a full-time or part-time student in an approved school;
(C) Is a surviving spouse of a deceased member of the Georgia National Guard as such term is defined in Code Section 38-2-3 who was killed in a combat zone or as a result of injuries received in a combat zone, which member completed at least one qualifying term of service; or (D) Is a surviving spouse of a deceased member of a reserve component of the armed forces of the United States who was killed in a combat zone or as a result of injuries received in a combat zone, which member completed at least one qualifying term of service."
SECTION 2. Said subpart is further amended by revising Code Section 20-3-486, relating to grants to eligible students, as follows:
"20-3-486. (a) There is granted to each eligible student under subparagraph (A) of paragraph (2) of Code Section 20-3-485 attending an approved school a Georgia HERO Scholarship grant for a maximum of four award years in the sum of $2,000.00 per award year. No person shall be eligible to receive grant assistance provided under this subsection in excess of $8,000.00.

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(b) There is granted to each eligible student under subparagraph (B) of paragraph (2) of Code Section 20-3-485 attending an approved school a Georgia HERO Scholarship grant in the sum of $2,000.00 per award year. Such student shall be eligible for one award year for each period of 181 consecutive days that his or her parent was deployed overseas on active service on or after May 3, 2005, to a location or locations outside of the United States and its territories designated by the United States Department of Defense as a combat zone; provided, however, that a student whose parent was killed or received a 100 percent disability as a result of injuries received in such combat zone shall receive up to a maximum of four award years regardless of the time such student's parent was on active service in such combat zone. No person shall be eligible to receive grant assistance provided under this subsection in excess of $8,000.00. (c) There is granted to each eligible student under subparagraph (C) or (D) of paragraph (2) of Code Section 20-3-485 attending an approved school a Georgia HERO Scholarship grant in the sum of $2,000.00 per award year. Such student shall be eligible for four award years. No person shall be eligible to receive grant assistance provided under this subsection in excess of $8,000.00. Applications for the initial grant under this subsection must be made within two years of the death of the spouse and no grant shall be issued later than six years after the initial grant is issued. (c) (d) Grant assistance to eligible students under this subpart shall be payable on a pro rata basis based upon whether the student is enrolled full time or part time and the number of semesters or quarters of enrollment. The payment of grants to eligible students under this subpart shall be contingent upon the appropriation of funds by the General Assembly for the purposes of this subpart in annual appropriations Acts of the General Assembly."

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks

Y Dempsey Y Dickson Y Dollar
Drenner E Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J

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

Y Martin Y Maxwell Y May
McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby

Y Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L

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Y Bruce E Bryant Y Buckner Y Burkhalter Y Burns Y Butler
Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A Y Holmes

Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord
Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese E Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix E 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 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 528. By Representatives Martin of the 47th, Burkhalter of the 50th, Stephens of the 164th, Lane of the 158th and Roberts of the 154th:

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 provide for certificates of registration for cosmetic laser practitioners; to define a certain term; to provide certain requirements for one member of the State Board of Cosmetology; to provide for applications to be made to obtain a certificate of registration for three different levels of cosmetic laser practitioner; to provide continuing education for such practitioners; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following substitute, offered by Representative Martin of the 47th, was read and adopted:

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A BILL
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the licensing of cosmetic laser practitioners; to provide a short title; to provide legislative findings; to provide for definitions; to provide for construction; to establish the State Board of Cosmetic Laser Practitioners and an executive director; to provide for powers and duties of the board; to provide for applications to be made to obtain a license for different levels of cosmetic laser practitioner; to provide for licensing standards and requirements; to provide for the issuance and renewal of licenses; to provide for permitted and prohibited activities; to provide continuing education requirements; to require that each facility offering cosmetic laser services have a consulting physician; to require that written consent be given for cosmetic laser services; to provide for rules and regulations; to provide for sanctions; 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 adding a new chapter to read as follows:
"CHAPTER 9A
43-9A-1. This chapter shall be known and may be cited as the 'Georgia Cosmetic Laser Services Act.'
43-9A-2. This chapter is enacted for the purpose of safeguarding the public health, safety, and welfare by providing for state administrative control, supervision, and regulation of the practice of providing cosmetic laser services. The practice of providing cosmetic laser services is declared to be affected with the public interest; and this chapter shall be liberally construed so as to accomplish the purpose stated in this Code section.
43-9A-3. As used in this chapter, the term:
(1) 'Board' means the State Board of Cosmetic Laser Practitioners. (2) 'Consulting physician' means a person licensed to practice medicine under Chapter 34 of this title and:
(A) Whose principal place of practice is within this state; or

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(B) Whose principal place of practice is outside this state but is within 50 miles from the facility with whom he or she has an agreement to provide services pursuant to Code Section 43-9A-13. (3) 'Consumer' means a person on whom cosmetic laser services are or are to be performed. (4) 'Cosmetic laser practitioner' means a person licensed under this chapter to provide cosmetic laser services as defined in this chapter and whose license is in good standing. (5) 'Cosmetic laser services' means elective cosmetic light based skin and anti-aging enhancements, photo rejuvenation, tattoo removal, or hair removal using lasers and pulsed light devices approved by the United States Food and Drug Administration for nonablative procedures. Such services and the provision thereof shall not be considered to be the practice of medicine. (6) 'Department' means Department of Community Health. (7) 'Facility' means any location, place, area, structure, office, institution, or business or a part thereof in which is performed or provided cosmetic laser services regardless of whether a fee is charged for such services. (8) 'License' means a valid and current certificate of registration issued by the board which shall give the person to whom it is issued authority to engage in the practice prescribed thereon. (9) 'Licensee' means any person holding a license under this chapter. (10) 'Medical practitioner' means any person holding a valid license or certificate of registration as a registered professional nurse, licensed practical nurse, nurse practitioner, physician's assistant, or medical doctor. (11) 'Person' means a natural person.
43-9A-4. (a) There is created a State Board of Cosmetic Laser Practitioners. (b) The board shall consist of five members and shall be appointed by the Governor, subject to confirmation by the Senate as provided in Code Section 43-1-16 and subject to removal as provided in Code Section 43-1-17. (c) All members of the board must be residents of Georgia who are at least 25 years of age and have obtained a high school diploma, a general educational development (GED) diploma, or postsecondary education or a college degree. Two members of the board shall be licensed as cosmetic laser practitioners; provided, however, that the initial cosmetic laser practitioner appointees shall have performed cosmetic laser services for at least five years and shall become licensed as cosmetic laser practitioners within six months of such licenses being offered by the board. One member of the board shall be an owner or operator of a facility offering cosmetic laser services. One member of the board shall be a registered professional nurse or physician's assistant as defined in Code Section 43-26-3 or 43-34-102, respectively. One member of the board shall a physician as defined in Code Section 43-34-20 who is trained in cosmetic laser services.

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(d) The term of each member of the board shall be three years, except that the initial terms of one of members who is a cosmetic laser practitioner appointee and the registered professional nurse or physician's assistant appointee shall be one year, and the initial term of the physician appointee shall be for two years. In the event of a vacancy, the Governor shall appoint a person to fill such vacancy and the person so appointed shall serve for the remainder of the unexpired term. (e) Upon expiration of their terms, members of the board shall continue to hold office until the appointment and qualification of their successors.
43-9A-5 (a) The members of the board shall annually elect a chairperson from among the
members to preside at board meetings. (b) The board shall meet at least once each calendar quarter, or as often as is necessary, and remain in session as long as the chairperson shall deem it necessary to give full consideration to the business before the board. A majority of the members of the board shall constitute a quorum for the transaction of business of the board. (c) Meetings and hearings of the board shall be held at the site of the office of the board or at such other site as may be specified by the chairperson of the board. With the exception of hearings in contested cases, the board may conduct business in conference by telephone. (d) Members of the board or others may be designated by the chairperson of the board, in a spirit of cooperation, to confer with similar boards of other states, attend interstate meetings, and generally do such acts and things as may seem advisable to the board in the advancement of the profession and the standards of cosmetic laser service activity. (e) A member of the board shall recuse himself or herself from voting on matters in which the member has a conflict of interest. Whenever an investigation authorized by this chapter results in the board's initiating a contested case under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' against a member, such member shall be recused from voting on such matter and may not discuss the matter with other board members or be present when the board discusses or votes on such matter. (f) The board shall make a report no later than December 31 of each year covering the activities of the board for that calendar year, which report shall be submitted to the commissioner of community health and shall be made available to any member of the General Assembly upon request.
43-9A-6. (a) The board shall not be under the jurisdiction of the Secretary of State but shall be an independent state agency attached to the Department of Community Health for administrative purposes only, as provided in Code Section 50-4-3, except that such department shall prepare and submit the budget for the board. The board shall be a professional licensing board and shall have with respect to all matters within its jurisdiction as provided under this chapter the powers, duties, and functions of such licensing boards as provided in Chapter 1 of this title.

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(b)(1) The board shall appoint and fix the compensation of an executive director of such board who shall serve at the pleasure of the board. Any reference in this chapter to the executive director shall mean the executive director appointed pursuant to this subsection. The executive director of the board shall be the executive director of the Composite State Board of Medical Examiners, except where the board determines that a different person should be appointed to fill the executive director position. (2) The executive director shall have, with respect to the board, the same powers, duties, and functions granted to the division director with respect to professional licensing boards under Chapter 1 of this title but without being subject to any approval or other powers exercised by the Secretary of State.
43-9A-7. (a) Licenses issued by the board shall be valid for up to two years and shall be renewable biennially on the renewal date established by the board. (b) The board shall give point credit to veterans in the same manner as required for other professional licensing boards under Code Sections 43-1-9 through 43-1-13. (c) The board, through the executive director, may hire investigators for the purpose of conducting investigations for the board and those persons shall be designated as investigators and have the powers, duties, and status of investigators for professional licensing boards under Code Section 43-1-5. Notwithstanding the provisions of Code Section 50-4-3 and with the concurrence of the board, the Department of Community Health shall be authorized to employ and provide for the compensation of staff as is necessary to assist in carrying out the functions of the board. Staff so hired shall be subject to the rules and confidentiality requirements of the board and to the supervision of the executive director of the board. (d) The venue of any action involving members of the board shall be governed by the laws of this state relating to venue. The executive director of the board shall not be considered a member of the board in determining the venue of any such action and no court shall have jurisdiction of any such action solely by virtue of the executive director residing or maintaining a residence within its jurisdiction. (e) Initial judicial review of a final decision of the board shall be had solely in the superior court of the county of domicile of the board. (f) The board, through the executive director, shall hire such personnel as it deems necessary to carry out its functions under this chapter and may appoint professionally qualified persons to serve as members of peer review committees; provided, however, that no licensing, investigative, or disciplinary duties or functions of the board may be delegated to any medical association or related entity by contract or otherwise.
43-9A-8. In carrying out the provisions of this chapter, the board shall, in addition to the other powers conferred upon it under this chapter, have the power to:
(1) Prepare or approve all examinations or applications for licenses;

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(2) Determine the qualifications of and authorize the issuance of licenses to qualified cosmetic laser practitioners; (3) Determine the qualifications for and approve educational programs that prepare cosmetic laser practitioners for the purpose of determining qualifications of applicants for licensure; (4) Initiate investigations of alleged or suspected violations of the provisions of this chapter or other laws of this state pertaining to cosmetic laser services and any rules and regulations adopted by the board. For this purpose, any board member or authorized agent of the board shall have the power and right to enter and make reasonable inspection of any facility where cosmetic laser services are performed or offered; (5) Conduct all hearings in contested cases according to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; (6) Discipline any person licensed under this chapter or refuse to grant, renew, or restore a license to any person upon any ground specified in this chapter; (7) Adopt a seal, the imprint of which together with the authorized signature of either the executive director or other member authorized by the board shall be effective to evidence its official acts; (8) Establish licensing fees and maintain in the office of the executive director a register of all persons holding a license and a record of all inspections made; and (9) Adopt such rules and regulations as shall be reasonably necessary for the enforcement and implementation of the provisions and purposes of this chapter and other laws of this state insofar as they relate to cosmetic laser services.
43-9A-9. (a) No license for a cosmetic laser practitioner shall be granted to any person who does not hold a license or certificate of registrations as a registered professional nurse, licensed practical nurse, nurse practitioner, physician's assistant, medical doctor, esthetician, or electrologist. (b) There shall be three levels of a license for a cosmetic laser practitioner: laser assistant practitioner, senior laser practitioner, and advanced laser practitioner. (c) Any person desiring to obtain a license as a cosmetic laser practitioner under the terms of this chapter shall make application through the executive director as follows:
(1) An applicant for a 'laser assistant practitioner' license shall present proof that he or she has received at least three laser certificates from attending laser/intense pulsed light (IPL) courses, directly taught by a licensed physician or certified continuing medical education or continuing education educator. If, after review of the application, it is determined that the applicant is at least 21 years of age; has met the minimum educational requirements; is of good moral character; and is possessed of the requisite skill to perform properly cosmetic laser services, a license shall be issued to the applicant entitling the applicant to practice the occupation of cosmetic laser practitioner at the laser assistant practitioner level under the direct supervision of an advanced laser practitioner;

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(2) An applicant for a 'senior laser practitioner' license shall present proof that he or she is a medical practitioner with at least three years of clinical or technological medical experience, or both, has been licensed or nationally board certified in that field for at least three years, and has received at least two laser certificates from attending laser/intense pulsed light (IPL) continuing medical education courses, directly taught by a licensed physician or certified continuing medical education or continuing education educator. If, after review of the application, it is determined that the applicant is at least 21 years of age; has met the minimum educational and clinical training requirements to perform cosmetic laser services with indirect supervision; is of good moral character; and is possessed of the requisite skill to perform properly these services, a license shall be issued to the applicant entitling the applicant to practice the occupation of cosmetic laser practitioner at the senior laser practitioner level under the supervision of an advanced laser practitioner. (3) An applicant for an 'advanced laser practitioner' license shall present proof that he or she is a medical practitioner with at least five years of clinical or technological medical experience, or both, has been licensed or nationally board certified in that field for at least five years, and has received at least two laser certificates from attending laser/intense pulsed light (IPL) continuing medical education courses, directly taught by a licensed physician or certified continuing medical education or continuing education educator. If, after review of the application, it is determined that the applicant is at least 21 years of age; has met the minimum educational and clinical training requirements to perform cosmetic laser services without supervision; is of good moral character; and is possessed of the requisite skill to perform properly these services, a license shall be issued to the applicant entitling the applicant to practice the occupation of cosmetic laser practitioner at the advanced laser practitioner level. (d) The board shall be authorized to waive any education requirements under this Code section in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who has practiced as a cosmetic laser practitioner prior to July 1, 2007. (e) Should an applicant have a current cosmetic laser practitioner license or certificate of registration 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 license at the appropriate level entitling him or her to practice the occupation of a cosmetic laser practitioner 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. 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 as a cosmetic laser practitioner outside of this state and who desires to obtain a license at a level authorized under this Code section to practice as a cosmetic laser practitioner in this state in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate.

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43-9A-10. (a) All licenses shall expire biennially unless renewed. All applications for renewal of a license shall be filed with the executive director prior to the expiration date, accompanied by the biennial renewal fee prescribed by the board. A license which has expired for failure of the holder to renew may only be restored after application and payment of the prescribed restoration fee within the time period established by the executive director and provided the applicant meets such requirements as the board may establish by rule. Any license which has not been restored within such period following its expiration may not be renewed, restored, or reissued thereafter. The holder of such a canceled license may apply for and obtain a valid license only upon compliance with all relevant requirements for issuance of a new license. (b) As a condition of license renewal, the board shall require licensees to provide proof, in a form approved by the board, of a minimum of five hours of continuing education courses in the area of cosmetic laser services, equipment safety and operation, procedures, and relative skin modalities, directly taught by a licensed physician or certified continuing medical education or continuing education educator.
43-9A-11. (a) The board shall have authority to refuse to grant or restore a license to an applicant or to discipline a cosmetic laser practitioner under this chapter or any antecedent law upon a finding by the board that the licensee or applicant has:
(1) Displayed an inability or has become unable to practice as a cosmetic laser practitioner with reasonable skill and safety to consumers by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition:
(A) In enforcing this paragraph the board may, upon reasonable grounds, require a licensee or applicant to submit to a mental or physical examination by an appropriate practitioner of the healing arts designated by the board. The expense of such mental or physical examination shall be borne by the licensee or applicant. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-9-21. Every person who shall accept the privilege of practicing cosmetic laser services in this state or who shall file an application for a license to provide cosmetic laser services in this state shall be deemed to have given his or her consent to submit to such mental or physical examination and to have waived all objections to the admissibility of the results in any hearing before the board upon the grounds that the same constitutes a privileged communication. If a licensee or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure was due to circumstances beyond his or her control, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any licensee or applicant who is prohibited from practicing cosmetic laser services under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate to the board that he

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or she can resume or begin the practice of cosmetic laser practitioner with reasonable skill and safety to consumers; (B) For the purposes of this paragraph, the board may, upon reasonable grounds, obtain any and all records relating to the mental or physical condition of a licensee or applicant, including psychiatric records; and such records shall be admissible in any hearing before the board, notwithstanding any privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-9-21. Every person who shall accept the privilege of practicing as a cosmetic laser practitioner in this state or who shall file an application to practice cosmetic laser services in this state shall be deemed to have given his or her consent to the board's obtaining any such records and to have waived all objections to the admissibility of such records in any hearing before the board upon the grounds that the same constitute a privileged communication; and (C) If any licensee or applicant could, in the absence of this paragraph, invoke a privilege to prevent the disclosure of the results of the examination provided for in subparagraph (A) of this paragraph or the records relating to the mental or physical condition of such licensee or applicant obtained pursuant to subparagraph (B) of this paragraph, all such information shall be received by the board in camera and shall not be disclosed to the public, nor shall any part of the record containing such information be used against any licensee or applicant in any other type of proceeding; (2) Been convicted of a felony or crime involving moral turpitude in the courts of this state, the United States, or the conviction of an offense in another jurisdiction which if committed in this state would be deemed a felony. For the purpose of this Code section, a 'conviction' shall include a finding or verdict of guilty, a plea of guilty, or a plea of nolo contendere in a criminal proceeding regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon pursuant to the provisions of Code Sections 42-8-60 through 42-8-64, relating to first offenders, or any comparable rule or statute; (3) Knowingly made misleading, deceptive, untrue, or fraudulent representations to a consumer or other person or entity in connection with the practice of providing cosmetic laser services or in any document connected therewith; practiced fraud or deceit or intentionally made any false statement in obtaining or attempting to obtain a license to practice cosmetic laser services or as a cosmetic laser practitioner; or made a false or deceptive biennial registration with the board; (4) Practiced cosmetic laser services contrary to this chapter or to the rules and regulations of the board; knowingly aided, assisted, procured, or advised any person to provide cosmetic laser services contrary to this chapter or to the rules and regulations of the board; or knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person to provide cosmetic laser services;

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(5) Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice need not have resulted in actual injury to any person; or (6) Failed to report to the board any act or omission of a licensee or applicant or any other person which violates the provisions of this chapter. (b)(1) When the board finds that any person is unqualified to be granted a license or finds that any person should be disciplined pursuant to subsection (a) of this Code section, the board may take any one or more of the following actions:
(A) Refuse to grant or restore a license to an applicant; (B) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee; (C) Suspend any license for a definite period; (D) Limit or restrict any license; (E) Revoke any license; (F) Condition the penalty or withhold formal disposition, upon the cosmetic laser practitioner's submission to the care, counseling, or treatment of physicians or other professional persons, and the completion of such care, counseling, or treatment, as directed by the board; or (G) Impose a fine not to exceed $500.00 for each violation of law, rule, or regulation of the board. (2) In addition to or in conjunction with the actions enumerated pursuant to paragraph (1) of this subsection the board may make a finding adverse to the licensee or applicant but withhold imposition of judgment and penalty, or it may impose the judgment and penalty but suspend enforcement thereof and place the licensee or applicant on probation, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose. (c) In its discretion, the board may restore and reissue a license issued under this chapter or any antecedent law and, as a condition thereof, it may impose any disciplinary or corrective measure provided in this chapter. (d) A person, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting the acts or omissions of a licensee or applicant which violate the provisions of subsection (a) of this Code section or any other provision of law relating to a licensee's or applicant's fitness to practice as a cosmetic laser practitioner, if such report is made in good faith without fraud or malice. Any person who testifies without fraud or malice before the board in any proceeding involving a violation of the provisions of subsection (a) of this Code section or any other law relating to a licensee's or applicant's fitness to practice as a cosmetic laser practitioner shall be immune from civil and criminal liability for so testifying.
43-9A-12. The practice of providing cosmetic laser services is declared to be an activity affecting the public interest and involving the health, safety, and welfare of the public. Such practice when engaged in by a person who is not licensed is declared to be harmful to

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the public health, safety, and welfare. The board or the district attorney of the circuit where such unlicensed practice exists, or any person or organization having an interest therein, may bring a petition to restrain and enjoin such unlicensed practice in the superior court of the county where such unlicensed person resides. It shall not be necessary in order to obtain an injunction under this Code section to allege or prove that there is no adequate remedy at law, or to allege or prove any special injury.
43-9A-13. Any facility providing cosmetic laser services shall have a consulting physician who shall:
(1) Be trained in laser modalities; (2) Establish proper protocols for the cosmetic laser services provided at the facility and file such protocols with the board; and (3) Be available for emergency consultation with the cosmetic laser practitioner or anyone employed by the facility.
43-9A-14. (a) Any person who undergoes any cosmetic laser services must consent in writing to such services and shall be informed in writing of the general terms of the following:
(1) The nature and purpose of such proposed procedure; (2) Any material risks generally recognized and associated with the cosmetic laser service to be performed which, if disclosed to a reasonably prudent person in the customer's position, could reasonably be expected to cause such prudent person to decline such proposed cosmetic laser services on the basis of the material risk of injury that could result from such proposed services; (3) The type of license the individual who will performing the cosmetic laser service has obtained; and (4) The steps to be followed after the cosmetic laser service is performed in the event of any complications. (b) It shall be the responsibility of the cosmetic laser practitioner to ensure that the information required by subsection (a) of this Code section is disclosed and that the consent provided for in this Code section is obtained. (c) Where the consumer is under 18 years of age, the consent of the consumer's parent or legal guardian shall be required. (d) The board shall be required to adopt and have the authority to promulgate rules and regulations governing and establishing the standards necessary to implement this Code section specifically including but not limited to the disciplining of a cosmetic laser practitioner who fails to comply with this Code section. (e) Nothing in this Code section shall prohibit the information provided for in this Code section from being be disclosed through the use of video tapes, audio tapes, pamphlets, booklets, or other means of communication or through conversations with the cosmetic laser practitioner; provided, however, that such information is also provided in writing and attached to the consent form which the consumer signs.

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43-9A-15. (a) Any person who owns a facility in which cosmetic laser services are offered or performed in noncompliance with the requirements of this chapter shall be guilty of a misdemeanor. (b) Any person convicted of violating any provisions of this chapter shall be guilty of a misdemeanor."

SECTION 2. This Act shall become effective only if funds are specifically appropriated for the purposes of this Act in a General Appropriations Act making specific reference to this Act and shall become effective when funds so appropriated become available for expenditure.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

N Abdul-Salaam N Abrams Y Amerson N Ashe N Barnard N Bearden N Beasley-Teague N Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce E Bryant N Buckner Y Burkhalter Y Burns
Butler N Byrd Y Carter, A Y Carter, B N Casas Y Chambers N Channell Y Cheokas
Coan Y Cole

Y Dempsey N Dickson N Dollar N Drenner E Dukes Y Ehrhart Y England N Epps
Everson Y Fleming N Floyd, H Y Floyd, J N Fludd N Forster N Franklin N Frazier Y Freeman N Gardner Y Geisinger N Glanton Y Golick N Gordon N Graves Y Greene Y Hamilton Y Hanner Y Harbin

Y Holt Y Horne N Houston N Howard Y Hudson N Hugley N Jackson Y Jacobs N James Y Jamieson N Jenkins N Jerguson N Johnson, C E Johnson, T Y Jones, J Y Jones, S N Jordan Y Kaiser Y Keen N Keown Y Knight Y Knox
Lakly Y Lane, B N Lane, R N Levitas Y Lewis

Y Martin Y Maxwell
May N McCall N McKillip N Meadows N Millar Y Mills N Mitchell
Morgan Y Morris N Mosby Y Mumford N Murphy Y Neal N Nix N Oliver Y O'Neal N Parham
Parrish Y Parsons Y Peake N Porter Y Powell N Pruett N Ralston N Randall

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

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Y Coleman Y Collins Y Cooper N Cox
Crawford, M N Crawford, R Y Davis, H N Davis, S Y Day

N Hatfield Y Heard, J N Heard, K E Heckstall Y Hembree N Henson N Hill, C Y Hill, C.A N Holmes

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

Reece Y Reese E Rice N Roberts Y Rogers Y Royal N Rynders N Sailor
Scott, A

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

On the passage of the Bill, by substitute, the ayes were 76, nays 81.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Martin of the 47th moved that the House reconsider its action in failing to give the requisite constitutional majority to HB 528:

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

N Abdul-Salaam N Abrams N Amerson N Ashe Y Barnard N Bearden N Beasley-Teague N Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce E Bryant N Buckner Y Burkhalter Y Burns
Butler N Byrd Y Carter, A Y Carter, B N Casas Y Chambers Y Channell N Cheokas
Coan Y Cole Y Coleman Y Collins
Cooper Y Cox
Crawford, M N Crawford, R

Y Dempsey N Dickson N Dollar N Drenner E Dukes Y Ehrhart Y England N Epps
Everson Y Fleming N Floyd, H Y Floyd, J N Fludd N Forster N Franklin N Frazier Y Freeman N Gardner Y Geisinger N Glanton Y Golick N Gordon Y Graves N Greene Y Hamilton N Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K E Heckstall Y Hembree N Henson

Y Holt Y Horne Y Houston N Howard Y Hudson N Hugley N Jackson Y Jacobs N James Y Jamieson N Jenkins Y Jerguson N Johnson, C E Johnson, T Y Jones, J Y Jones, S N Jordan N Kaiser Y Keen N Keown Y Knight N Knox Y Lakly Y Lane, B N Lane, R Y Levitas Y Lewis Y Lindsey N Lord Y Loudermilk
Lucas Lunsford Y Maddox

Y Martin Y Maxwell
May Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby Y Mumford N Murphy Y Neal Y Nix N Oliver Y O'Neal N Parham Y Parrish Y Parsons Y Peake N Porter Y Powell Y Pruett N Ralston N Randall N Reece N Reese E Rice Y Roberts Y Rogers Y Royal

Y Scott, M Y Sellier Y Setzler N Shaw
Sheldon N Shipp Y Sims, B Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner Y Starr
Stephens Stephenson N Talton Y Teilhet N Thomas, A.M N Thomas, B N Tumlin N Walker Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, M N Williams, R

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N Davis, H N Davis, S Y Day

N Hill, C Y Hill, C.A N Holmes

Y Mangham Y Manning N Marin

N Rynders Y Sailor Y Scott, A

N Wix E Yates
Richardson, Speaker

On the motion, the ayes were 87, nays 73.

The motion prevailed.

Representative Martin of the 47th moved that HB 528 be placed upon the table.

The motion prevailed.

HB 117. By Representatives Heard of the 104th, Knox of the 24th, Lewis of the 15th, Hembree of the 67th, Yates of the 73rd and others:

A BILL to be entitled an Act to amend provisions of the O.C.G.A. relating to motorcycles and all-terrain vehicles; to amend Part 1 of Article 22 of Chapter 1 of Title 10 of the O.C.G.A., relating to general considerations regarding motor vehicle franchises, so as to exempt motorcycles, all-terrain vehicles, and utility vehicles from the definition of motor vehicle; to amend Chapter 1 of Title 10 of the O.C.G.A., relating to selling and other trade practices, so as to provide for definitions; to provide purposes and policies to protect motorcycle, all-terrain vehicle, and utility vehicle dealers; to provide that a grantor must approve a sale of a dealership if the terms are reasonable; to provide for succession of the dealership to the dealer's named beneficiaries; to provide for warranty obligations; to provide for dispute resolution; to provide for applicability; to provide an effective date; 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 provisions of the Official Code of Georgia Annotated relating to motorcycles and all-terrain vehicles; to amend Part 1 of Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to general considerations regarding motor vehicle franchises, so as to exempt motorcycles, all-terrain vehicles, and utility vehicles from the definition of motor vehicle; to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide for definitions; to provide purposes and policies to protect motorcycle, all-terrain vehicle, and utility vehicle dealers; to provide for sales areas; to provide for changing or terminating sales areas only for good cause; to provide for notice of termination or substantial change to a sales area; to provide for repurchase of inventories by the grantor

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upon termination of a dealership; to provide that it is illegal for a grantor to coerce a dealer to purchase its parts or accessories; to provide that a grantor must approve a sale of a dealership if the terms are reasonable; to provide for succession of the dealership to the dealer's named beneficiaries; to provide for warranty obligations; to provide for dispute resolution; to provide for applicability; 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. Part 1 of Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to general considerations regarding motor vehicle franchises, is amended by revising paragraph (10) of Code Section 10-1-622, relating to definitions relative to motor vehicle franchises, as follows:
"(10) 'Motor vehicle' means every self-propelled vehicle intended primarily for use and operation on the public highways, except farm tractors and other machines and tools used in the production, harvesting, and care of farm products, construction equipment, motorcycles as defined in paragraph (7) of subsection (a) of Code Section 10-1-725, all-terrain vehicles as defined in paragraph (1) of subsection (a) of Code Section 10-1-725, utility vehicles as defined in paragraph (12) of subsection (a) of Code Section 10-1-725, and recreational vehicles as defined in paragraph (5) of subsection (a) of Code Section 10-1-679."
SECTION 2. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by inserting a new Article 25A to read as follows:
"ARTICLE 25A
10-1-725. (a) As used in this article, the term:
(1) 'All-terrain vehicle' means any motorized vehicle designed for off-road use which is equipped with three or more low pressure tires and with a seat to be straddled by the operator and with handlebars for steering control. (2) 'Community of interest' means a continuing financial interest between the grantor and the grantee in either the operation of the dealership business or the marketing of such goods or services. (3) 'Dealer' means a person who performs retail sales of new motorcycles, all-terrain vehicles, or utility vehicle products situated in Georgia. (4) 'Franchise' means an oral or written agreement for a definite or indefinite period of time in which a manufacturer grants to a motorcycle, all-terrain vehicle, or utility vehicle dealer permission to use a trade name, service mark, or related characteristic and in which there is a community of interest in the marketing of motorcycle, all-

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terrain vehicle, or utility vehicle products or services related thereto at wholesale or retail, whether by leasing, sale, or otherwise. (5) 'Grantor' means a person who grants a motorcycle, all-terrain vehicle, or utility vehicle dealership. (6) 'Moped' or 'scooter' means a motor driven cycle equipped with two wheels, with or without foot pedals to permit muscular propulsion, and an independent power source providing a maximum of two brake horsepower. If a combustion engine is used, the maximum piston or rotor displacement shall be 3.05 cubic inches (50 cubic centimeters) regardless of the number of chambers in such power source. The power source shall be capable of propelling the vehicle, unassisted, at a speed not to exceed 30 miles per hour (48.28 kilometers per hour) on level road surfaces and shall be equipped with a power drive system that functions directly or automatically only, not requiring clutching or shifting by the operator after the drive system is engaged. (7) 'Motorcycle' means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor, all-terrain vehicle, utility vehicle, and moped. (8) 'Motorcycle, all-terrain vehicle, or utility vehicle dealer' means a person who is a grantee of a motorcycle, all-terrain vehicle, or utility vehicle dealership situated in Georgia. (9) 'Motorcycle, all-terrain vehicle, or utility vehicle dealership' means an established place of business engaged in the marketing of new motorcycle, all-terrain vehicle, or utility vehicle products or services related thereto at wholesale or retail, whether by leasing, sale, or otherwise, and which is marked by an appropriate permanent sign; which has a working telephone with a telephone number listed in the local phone directory; which derives at least 75 percent of its revenue from the sale of new motorcycles, all-terrain vehicles, or utility vehicles and from the sale of motorcycle, all-terrain vehicle, or utility vehicle related products and services; and which provides services or repair for such vehicles on site. (10) 'Person' means a natural person, partnership, joint venture, corporation, or other entity. (11) 'Relevant market area' means the larger of the following:
(A) The area of responsibility defined in the franchise agreement of an existing dealer; or (B) The geographic area within a radius of 10 miles of any existing dealer of the same line or make of vehicle that is located in a county with a population of more than 200,000 persons according the most recent United States decennial census or within a radius of 15 miles of an existing dealer of the same line or make of vehicle that is located in a county with a population of 200,000 or fewer persons according to the most recent United States decennial census. (12) 'Tractor' means any self-propelled vehicle designed for use as a traveling power plant or for drawing other vehicles but having no provision for carrying loads independently.

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(13) 'Utility vehicle' means any motorized vehicle designed and manufactured for off-road use only which has a gross vehicle weight of 850 pounds or more and which is equipped with four or more low pressure tires, with one or more bench or bucket seats for the operator and passengers, with a steering wheel for steering control, and with a cargo bed. (b) For purposes of this article when determining whether there is good cause for a proposed action, the trier of fact shall consider: (1) The volume of the affected dealer's business in the relevant market area; (2) The nature and extent of the dealer's investment in its business; (3) The adequacy of the dealer's service facilities, equipment, parts, supplies, and personnel; (4) The effect of the proposed action on the community; (5) The extent and quality of the dealer's service under motorcycle, all-terrain vehicle, or utility vehicle warranties; and (6) The dealer's performance under the terms of its franchise agreement.
10-1-725.1. (a) This article shall be reasonably construed and applied to promote its underlying remedial purposes and policies. (b) The underlying purposes and policies of this article are:
(1) To promote the compelling interest of the public in fair business relations between motorcycle, all-terrain vehicle, and utility vehicle dealers and grantors and in the continuation of motorcycle, all-terrain vehicle, and utility vehicle dealerships on a fair basis; (2) To protect motorcycle, all-terrain vehicle, and utility vehicle dealers against unfair treatment by grantors who inherently have superior economic power and superior bargaining power in the negotiations of motorcycle, all-terrain vehicle, and utility vehicle dealerships; (3) To provide motorcycle, all-terrain vehicle, and utility vehicle dealers with rights and remedies in addition to those existing by contract or common law; and (4) To govern all franchise agreements for motorcycle, all-terrain vehicle, and utility vehicle dealerships, including any renewals or amendments, to the full extent consistent with the Constitutions of Georgia and the United States. (c) The effect of this article may not be varied by contract or agreement. Any contract or agreement purporting to do so is void and unenforceable to that extent only.
10-1-725.2. Sales of motorcycles, all-terrain vehicles, and utility vehicles by grantors or distributors shall be in accordance with published prices, charges, and terms of sale in effect at any given time.
10-1-725.3.

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No grantor, directly or through any officer, agent, or employee, may terminate, cancel, fail to renew, or substantially change the area of sales responsibility of a motorcycle, all-terrain vehicle, or utility vehicle dealership agreement without good cause. The burden of proving good cause shall be on the grantor.
10-1-725.4. Except as provided in this Code section, a grantor shall provide a motorcycle, all-terrain vehicle, or utility vehicle dealer written notice of intent to terminate, cancel, or nonrenew. The motorcycle, all-terrain vehicle, or utility vehicle dealer shall have 120 days following receipt of notice in which to rectify any claimed deficiency. If the deficiency is rectified within 120 days, the notice shall be void. The notice provisions of Code Section 10-1-725.3 shall not apply if the reason for termination, cancellation, or nonrenewal is insolvency; the occurrence of an assignment for the benefit of creditors; bankruptcy; failure of the dealer to conduct its customary sales and service operations during its customary business hours for seven consecutive business days, except for acts of God or circumstances beyond the control of the dealer; conviction of the dealer, general manager, or managing executive or any owner with a substantial interest therein of any crime which materially relates to the operation of the dealership or any felony which is punishable by imprisonment; suspension or revocation for a period of more than 14 days of any license which the dealer is required to have to operate a dealership; or fraud or intentional misrepresentation by the dealer that materially affects the franchise. In such event, the termination, cancellation, or nonrenewal shall become effective 15 days after receipt of notice by the dealer.
10-1-725.5. (a) If a motorcycle, all-terrain vehicle, or utility vehicle dealership franchise agreement is terminated, canceled, or not renewed by the grantor, the grantor, at the option of the motorcycle, all-terrain vehicle, or utility vehicle dealer, shall repurchase:
(1) All inventories of motorcycles, all-terrain vehicles, or utility vehicles, parts, and accessories sold by the grantor to the motorcycle, all-terrain vehicle, or utility vehicle dealer for resale; and (2) All diagnostic equipment, special tools, other equipment and machinery, and signage as were required to meet the dealer's service responsibilities in accordance with manufacturer's guides and applicable customer service bulletins and signs sold under the motorcycle, all-terrain vehicle, or utility vehicle dealership agreement. (b) The repurchase price shall be at the original invoice price plus freight, destination, delivery, and distribution charges and sales taxes incurred by the motorcycle, all-terrain vehicle, or utility vehicle dealer. The grantor shall pay the dealer within 30 days of receipt of the returned items. This Code section shall apply only to merchandise with a name, trademark, label, or other mark on it which identifies the grantor or with proof of purchase from the grantor. (c) The grantor shall reimburse the dealer for 100 percent of the invoiced cost to the dealer by the grantor, including transportation, of all new current model year and new

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current year motorcycle, all-terrain vehicle, or utility vehicle inventory acquired from the manufacturer which has not been materially altered or substantially damaged and of all new motorcycle, all-terrain vehicle, or utility vehicle inventory not of the current model year which has not been materially altered or substantially damaged, provided that the noncurrent model year vehicles were acquired from the manufacturer within 12 months prior to the effective date of the termination, cancellation, or nonrenewal. (d) The grantor shall reimburse the dealer for 100 percent of the current net prices as published in the grantor's current price lists or catalogs on accessories and parts, including superseded parts, plus 7 percent of the current net price of all grantor's accessories and parts returned to compensate the dealer for handling, packing, and loading the parts.
10-1-725.6. It shall be unlawful for any grantor, directly or through any officer, agent, or employee:
(1) To coerce, or attempt to coerce, any dealer to accept delivery of any parts or accessories or any other commodities which have not been ordered by such dealer; or (2) To coerce, or attempt to coerce, any dealer to enter into an agreement with such grantor or do any other act unfair to such dealer by threatening to cancel any motorcycle, all-terrain vehicle, or utility vehicle dealership franchise agreement existing between such grantor and such dealer.
10-1-725.7. It shall be unlawful for any grantor to prevent or refuse to approve the sale or transfer of the ownership of a motorcycle, all-terrain vehicle, or utility vehicle dealership by the sale of the business assets, stock transfer, or otherwise or a change in executive management or principal operator of the dealership if the new owner, principal operator, or management is creditworthy, has not been convicted of a felony, and is properly licensed; the sale or transfer will not result in a relocation of the business; and the sale or transfer is otherwise reasonable under the circumstances. The burden of proving that any sale or transfer is not reasonable shall be on the grantor; provided, however, that the grantor and the dealer may mutually agree to a relocation of the business.
10-1-725.8. (a) It shall be unlawful for any grantor to fail to provide a motorcycle, all-terrain vehicle, or utility vehicle dealer with an opportunity, at the time of signing a motorcycle, all-terrain vehicle, or utility vehicle dealership franchise agreement or at a reasonable time thereafter, to designate a member of his or her family as a successor to the dealership in the event of the death or incapacity of the dealer. A dealer may from time to time during the term of the franchise agreement change the beneficiary by providing a written notification to the manufacturer. (b) It shall be unlawful to prevent or refuse to honor the succession to a dealership by a member of the family of the deceased or incapacitated dealer unless the grantor has

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provided to the member of the family so designated written notice of its objections. The burden of proving that such transfer is not reasonable shall be on the grantor. (c) Grounds for objection shall be lack of creditworthiness, conviction of a felony, inability to obtain necessary licenses by the beneficiary, lack of required licenses, or other conditions which make such succession unreasonable under the circumstances; but the grantor shall bear the burden of proving the unreasonableness of such succession. No member of the family of the deceased or incapacitated dealer may succeed to a motorcycle, all-terrain vehicle, or utility vehicle dealership unless the succession to such dealership will not involve, without the grantor's consent, a relocation of the business.
10-1-725.9. (a) Each grantor shall specify in writing to each of its motorcycle, all-terrain vehicle, or utility vehicle dealers licensed in Georgia the dealer's obligation for preparation, delivery, and warranty service on its products; shall compensate the dealer for warranty service required of the dealer by the manufacturer; and shall provide the dealer the schedule of compensation to be paid to such dealers for parts, work, and service in connection with warranty service and the time allowances for the performance of such work and service. In no event shall such schedule of compensation fail to include reasonable compensation for diagnostic work as well as repair service and labor. (b) Time allowances for the diagnosis and performance of warranty work and service shall be reasonable and adequate for the work to be performed. In the determination of what constitutes reasonable compensation under this Code section, the principal factors to be given consideration shall be the prevailing wage rates being paid by the dealer and the prevailing labor rate being charged by the dealer in the community in which the dealer is doing business. In no event shall such compensation of a dealer for warranty service be less than the rates charged by the dealer for like service to retail customers for nonwarranty service and repairs so long as such rates are reasonable. (c) A grantor shall reimburse the dealer for warranty parts at actual wholesale costs plus a minimum 25 percent handling charge and the cost, if any, of freight to return warranty parts to the manufacturer. Warranty audits of dealer records may be conducted by the grantor on a reasonable basis. A grantor must disapprove warranty claims in writing within 30 days of the date of submission by the dealer in the manner and form prescribed by the grantor. Claims not specifically disapproved in writing within this 30 days shall be construed to be approved and shall be paid or credited within 45 days. (d) Dealer claims for warranty compensation shall not be denied except for good cause such as performance of nonwarranty repairs, lack of material documentation, fraud, or misrepresentation. Claims for dealer compensation shall be paid within 30 days of dealer submission or rejected in writing for stated reasons. (e) It shall be a violation of this article for any grantor to:

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(1) Fail to perform any of its warranty obligations with respect to a motorcycle, allterrain vehicle, or utility vehicle and motorcycle, all-terrain vehicle, or utility vehicle components; (2) Fail to assume all responsibility for any liability resulting from structural or production defects; (3) Fail to include written notices of factory recalls to vehicle owners and dealers and the expected date by which necessary parts and equipment will be available to dealers for the correction of such defects; (4) Fail to compensate any of its motorcycle, all-terrain vehicle, or utility vehicle dealers licensed in Georgia for repairs effected by such dealer of merchandise damaged in manufacture or transit to the dealer where the carrier is designated by the manufacturer, factory branch, distributor, or distributor branch; (5) Fail to compensate its motorcycle, all-terrain vehicle, or utility vehicle dealers licensed in this state for warranty parts, work, and service in accordance with the schedule of compensation provided the dealer pursuant to subsection (a) of this Code section or for legal costs and expenses incurred by such dealers in connection with warranty obligations for which the grantor is legally responsible or which the grantor imposes upon the dealer; (6) Misrepresent in any way purchases of motorcycles, all-terrain vehicles, or utility vehicles that contain warranties with respect to the manufacture, performance, or design of the vehicles which are made by the dealer, either as warrantor or cowarrantor; or (7) Require the dealer to make warranties to customers in any manner related to the manufacture of a motorcycle, all-terrain vehicle, or utility vehicle. (f) Notwithstanding the terms of any agreement, it shall be a violation of this article for any grantor to fail to indemnify and hold harmless its motorcycle, all-terrain vehicle, or utility vehicle dealers against any losses or damages arising out of claims, costs, judgments, expenses including reasonable attorney's fees, or suits relating to the manufacture, assembly, or design of motorcycles, all-terrain vehicles, or utility vehicles, parts, or accessories, or other functions by the grantor beyond the control of the dealer, including, without limitation, the selection by the grantor of parts or components for the motorcycle, all-terrain vehicle, or utility vehicle or any damages to merchandise occurring in transit to the dealer where the carrier is designated by the grantor. The dealer shall give notice to the grantor of pending suits in which allegations are made which fall under within this subsection whenever reasonably practicable to do so. Any motorcycle, all-terrain vehicle, or utility vehicle dealer franchise agreement issued to, amended, or renewed for motorcycles, all-terrain vehicles, or utility vehicles in Georgia on or after July 1, 2007, shall be deemed to incorporate provisions consistent with the requirements of this subsection. (g) Whenever a new motorcycle, all-terrain vehicle, or utility vehicle is damaged in transit when the carrier or means of transportation is determined by the grantor or distributor or whenever a motorcycle, all-terrain vehicle, or utility vehicle is otherwise damaged prior to delivery to the motorcycle, all-terrain vehicle, or utility vehicle dealer

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or if a new motorcycle, all-terrain vehicle, or utility vehicle is found to have substantial box or chassis defects upon arrival at the motorcycle, all-terrain vehicle, or utility vehicle dealership, the dealer must notify the grantor or distributor of such damage or such defects within ten business days from the date of delivery or within a reasonable amount of additional time or, if longer, such time as specified in the motorcycle, allterrain vehicle, or utility vehicle dealership franchise agreement and either:
(1) Request from the manufacturer or distributor authorization to replace the components, parts, and accessories damaged or otherwise correct the damage; or (2) Reject the vehicle. If the dealer exercises the option to refuse delivery of the vehicle, the motorcycle, allterrain vehicle, or utility vehicle manufacturer must immediately repurchase such vehicle. (h) If the grantor or distributor refuses or fails to authorize repair of such damage within ten days after receipt of notification or if the dealer rejects a motorcycle, allterrain vehicle, or utility vehicle because of damage, ownership of the new motorcycle, all-terrain vehicle, or utility vehicle shall revert to the grantor or distributor and the motorcycle, all-terrain vehicle, or utility vehicle dealer shall have no obligations, financial or otherwise, with respect to such motorcycle, all-terrain vehicle, or utility vehicle. (i) All manufacturers, distributors, and suppliers of motorcycle, all-terrain vehicle, or utility vehicle components shall be subject to the provisions of this article.
10-1-725.10. If any grantor violates this article, a motorcycle, all-terrain vehicle, or utility vehicle dealer may bring an action against such grantor in a court of competent jurisdiction in the county of the motorcycle, all-terrain vehicle, or utility vehicle dealer for damages sustained as a consequence of the grantor's violation, together with the actual costs of the action including reasonable attorney's fees; and the dealer also may be granted injunctive relief against unlawful termination, cancellation, or nonrenewal and refusal to permit transfer of ownership in accordance with this article.
10-1-725.11. In any action brought by a motorcycle, all-terrain vehicle, or utility vehicle dealer against a grantor under this article, any violation of this article by the grantor shall be deemed an irreparable injury to the motorcycle, all-terrain vehicle, or utility vehicle dealer for determining if a temporary injunction should be issued.
10-1-725.12. It shall be unlawful for a grantor to establish a new motorcycle, all-terrain vehicle, or utility vehicle dealership unless the dealer meets the requirements and definitions provided in this article.

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10-1-725.13. It shall be unlawful for any dealer to sell or distribute any new motorcycle, all-terrain vehicle, or utility vehicle in Georgia unless the dealer has a franchise dealership agreement with a grantor with the express right to sell or distribute motorcycles, allterrain vehicles, or utility vehicles in Georgia, operates a motorcycle, all-terrain vehicle, or utility vehicle dealership, and meets all of the requirements and definitions provided in this article. Any dealer who does not meet the requirements of this article may participate in events where motorcycles, all-terrain vehicles, or utility vehicles are exhibited or demonstrated and seminars are provided but shall be prohibited from contracting to sell or distribute motorcycles, all-terrain vehicles, or utility vehicles to the public."
SECTION 3. This Act shall become effective on July 1, 2007, and shall apply to any agreement entered into on or after July 1, 2007, and to any renewal, modification, or amendment made on or after July 1, 2007, to any such agreement.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by the Committee on Rules, was read and adopted:
A BILL
To amend provisions of the Official Code of Georgia Annotated relating to motorcycles, recreational vehicles, and all-terrain vehicles; to amend Part 1 of Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to general considerations regarding motor vehicle franchises, so as to exempt motorcycles, all-terrain vehicles, and utility vehicles from the definition of motor vehicle; to amend Article 22B of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to recreational vehicle dealers, so as to provide for certain exemptions for rallies or conventions involving more than 2,500 recreational vehicles; to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide for definitions; to provide purposes and policies to protect motorcycle, all-terrain vehicle, and utility vehicle dealers; to provide for sales areas; to provide for changing or terminating sales areas only for good cause; to provide for notice of termination or substantial change to a sales area; to provide for repurchase of inventories by the grantor upon termination of a dealership; to provide that it is illegal for a grantor to coerce a dealer to purchase its parts or accessories; to provide that a grantor must approve a sale of a dealership if the terms are reasonable; to provide for succession of the dealership to the dealer's named beneficiaries; to provide for warranty obligations; to provide for dispute resolution; to provide for applicability; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1 of Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to general considerations regarding motor vehicle franchises, is amended by revising paragraph (10) of Code Section 10-1-622, relating to definitions relative to motor vehicle franchises, as follows:
"(10) 'Motor vehicle' means every self-propelled vehicle intended primarily for use and operation on the public highways, except farm tractors and other machines and tools used in the production, harvesting, and care of farm products, construction equipment, motorcycles as defined in paragraph (7) of subsection (a) of Code Section 10-1-725, all-terrain vehicles as defined in paragraph (1) of subsection (a) of Code Section 10-1-725, utility vehicles as defined in paragraph (12) of subsection (a) of Code Section 10-1-725, and recreational vehicles as defined in paragraph (5) of subsection (a) of Code Section 10-1-679."
SECTION 2. Article 22B of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to recreational vehicle dealers, is amended by revising Code Section 10-1-649.14, relating to franchise agreements required to sell or distribute recreational vehicles, as follows:
"10-1-679.14. (a) It shall be unlawful for any dealer to sell or distribute any new recreational vehicle in Georgia unless the dealer has a franchise dealership agreement with a grantor with the express right to sell or distribute recreational vehicles in Georgia and meets the requirements and definitions provided in this article. Any dealer who does not meet the requirements of this article may participate in events where recreational vehicles are exhibited or demonstrated and seminars are provided but shall be prohibited from contracting to sell or distribute recreational vehicles to the public. Notwithstanding the foregoing, this Code section shall not apply to the sale of recreational vehicles at events sponsored by a Georgia based recreational vehicle grantor with manufacturing facilities located in the state, where recreational vehicles are sold or contracted for by its franchised out-of-state recreational vehicle dealers. (b) This Code section shall not apply to any convention or rally involving more than 2,500 recreational vehicles which are registered with the sponsor of said event; provided, however, that no dealers from outside of this state shall be invited to said event by a participating manufacturer unless all franchised Georgia dealers for such participating manufacturer shall be invited to said event, and there shall be no discrimination in terms of sales by a manufacturer to any franchised Georgia dealer for recreational vehicles to be sold at the convention or rally; nor shall any franchised Georgia dealer be required by a manufacturer to purchase inventory in addition to that required under a current franchise agreement between the manufacturer and such dealer in order for the dealer to participate in such convention or rally. Out of state dealers

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shall register with the Department of Revenue and purchase a permit 30 days prior to participating in any rally in Georgia. The cost of the permit shall be $500.00 per dealer. Nothing in this subsection shall be construed to impair an obligation of a contract existing on the effective date of this subsection."
SECTION 3. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by inserting a new Article 25A to read as follows:
"ARTICLE 25A
10-1-725. (a) As used in this article, the term:
(1) 'All-terrain vehicle' means any motorized vehicle designed for off-road use which is equipped with three or more low pressure tires and with a seat to be straddled by the operator and with handlebars for steering control. (2) 'Community of interest' means a continuing financial interest between the grantor and the grantee in either the operation of the dealership business or the marketing of such goods or services. (3) 'Dealer' means a person who performs retail sales of new motorcycles, all-terrain vehicles, or utility vehicle products situated in Georgia. (4) 'Franchise' means an oral or written agreement for a definite or indefinite period of time in which a manufacturer grants to a motorcycle, all-terrain vehicle, or utility vehicle dealer permission to use a trade name, service mark, or related characteristic and in which there is a community of interest in the marketing of motorcycle, allterrain vehicle, or utility vehicle products or services related thereto at wholesale or retail, whether by leasing, sale, or otherwise. (5) 'Grantor' means a person who grants a motorcycle, all-terrain vehicle, or utility vehicle dealership. (6) 'Moped' or 'scooter' means a motor driven cycle equipped with two wheels, with or without foot pedals to permit muscular propulsion, and an independent power source providing a maximum of two brake horsepower. If a combustion engine is used, the maximum piston or rotor displacement shall be 3.05 cubic inches (50 cubic centimeters) regardless of the number of chambers in such power source. The power source shall be capable of propelling the vehicle, unassisted, at a speed not to exceed 30 miles per hour (48.28 kilometers per hour) on level road surfaces and shall be equipped with a power drive system that functions directly or automatically only, not requiring clutching or shifting by the operator after the drive system is engaged. (7) 'Motorcycle' means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor, all-terrain vehicle, utility vehicle, and moped.

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(8) 'Motorcycle, all-terrain vehicle, or utility vehicle dealer' means a person who is a grantee of a motorcycle, all-terrain vehicle, or utility vehicle dealership situated in Georgia. (9) 'Motorcycle, all-terrain vehicle, or utility vehicle dealership' means an established place of business engaged in the marketing of new motorcycle, all-terrain vehicle, or utility vehicle products or services related thereto at wholesale or retail, whether by leasing, sale, or otherwise, and which is marked by an appropriate permanent sign; which has a working telephone with a telephone number listed in the local phone directory; which derives at least 75 percent of its revenue from the sale of new motorcycles, all-terrain vehicles, or utility vehicles and from the sale of motorcycle, all-terrain vehicle, or utility vehicle related products and services; and which provides services or repair for such vehicles on site. (10) 'Person' means a natural person, partnership, joint venture, corporation, or other entity. (11) 'Relevant market area' means the larger of the following:
(A) The area of responsibility defined in the franchise agreement of an existing dealer; or (B) The geographic area within a radius of ten miles of any existing dealer of the same line or make of vehicle that is located in a county with a population of more than 200,000 persons according the most recent United States decennial census or within a radius of 15 miles of an existing dealer of the same line or make of vehicle that is located in a county with a population of 200,000 or fewer persons according to the most recent United States decennial census. (12) 'Tractor' means any self-propelled vehicle designed for use as a traveling power plant or for drawing other vehicles but having no provision for carrying loads independently. (13) 'Utility vehicle' means any motorized vehicle designed and manufactured for off-road use only which has a gross vehicle weight of 850 pounds or more and which is equipped with four or more low pressure tires, with one or more bench or bucket seats for the operator and passengers, with a steering wheel for steering control, and with a cargo bed. (b) For purposes of this article when determining whether there is good cause for a proposed action, the trier of fact shall consider: (1) The volume of the affected dealer's business in the relevant market area; (2) The nature and extent of the dealer's investment in its business; (3) The adequacy of the dealer's service facilities, equipment, parts, supplies, and personnel; (4) The effect of the proposed action on the community; (5) The extent and quality of the dealer's service under motorcycle, all-terrain vehicle, or utility vehicle warranties; and (6) The dealer's performance under the terms of its franchise agreement.

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10-1-725.1. (a) This article shall be reasonably construed and applied to promote its underlying remedial purposes and policies. (b) The underlying purposes and policies of this article are:
(1) To promote the compelling interest of the public in fair business relations between motorcycle, all-terrain vehicle, and utility vehicle dealers and grantors and in the continuation of motorcycle, all-terrain vehicle, and utility vehicle dealerships on a fair basis; (2) To protect motorcycle, all-terrain vehicle, and utility vehicle dealers against unfair treatment by grantors who inherently have superior economic power and superior bargaining power in the negotiations of motorcycle, all-terrain vehicle, and utility vehicle dealerships; (3) To provide motorcycle, all-terrain vehicle, and utility vehicle dealers with rights and remedies in addition to those existing by contract or common law; and (4) To govern all franchise agreements for motorcycle, all-terrain vehicle, and utility vehicle dealerships, including any renewals or amendments, to the full extent consistent with the Constitutions of Georgia and the United States. (c) The effect of this article may not be varied by contract or agreement. Any contract or agreement purporting to do so is void and unenforceable to that extent only.
10-1-725.2. Sales of motorcycles, all-terrain vehicles, and utility vehicles by grantors or distributors shall be in accordance with published prices, charges, and terms of sale in effect at any given time.
10-1-725.3. No grantor, directly or through any officer, agent, or employee, may terminate, cancel, fail to renew, or substantially change the area of sales responsibility of a motorcycle, all-terrain vehicle, or utility vehicle dealership agreement without good cause. The burden of proving good cause shall be on the grantor.
10-1-725.4. Except as provided in this Code section, a grantor shall provide a motorcycle, all-terrain vehicle, or utility vehicle dealer written notice of intent to terminate, cancel, or nonrenew. The motorcycle, all-terrain vehicle, or utility vehicle dealer shall have 120 days following receipt of notice in which to rectify any claimed deficiency. If the deficiency is rectified within 120 days, the notice shall be void. The notice provisions of Code Section 10-1-725.3 shall not apply if the reason for termination, cancellation, or nonrenewal is insolvency; the occurrence of an assignment for the benefit of creditors; bankruptcy; failure of the dealer to conduct its customary sales and service operations during its customary business hours for seven consecutive business days, except for acts of God or circumstances beyond the control of the dealer; conviction of the dealer, general manager, or managing executive or any owner with a substantial

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interest therein of any crime which materially relates to the operation of the dealership or any felony which is punishable by imprisonment; suspension or revocation for a period of more than 14 days of any license which the dealer is required to have to operate a dealership; or fraud or intentional misrepresentation by the dealer that materially affects the franchise. In such event, the termination, cancellation, or nonrenewal shall become effective 15 days after receipt of notice by the dealer.
10-1-725.5. (a) If a motorcycle, all-terrain vehicle, or utility vehicle dealership franchise agreement is terminated, canceled, or not renewed by the grantor, the grantor, at the option of the motorcycle, all-terrain vehicle, or utility vehicle dealer, shall repurchase:
(1) All inventories of motorcycles, all-terrain vehicles, or utility vehicles, parts, and accessories sold by the grantor to the motorcycle, all-terrain vehicle, or utility vehicle dealer for resale; and (2) All diagnostic equipment, special tools, other equipment and machinery, and signage as were required to meet the dealer's service responsibilities in accordance with manufacturer's guides and applicable customer service bulletins and signs sold under the motorcycle, all-terrain vehicle, or utility vehicle dealership agreement. (b) The repurchase price shall be at the original invoice price plus freight, destination, delivery, and distribution charges and sales taxes incurred by the motorcycle, all-terrain vehicle, or utility vehicle dealer. The grantor shall pay the dealer within 30 days of receipt of the returned items. This Code section shall apply only to merchandise with a name, trademark, label, or other mark on it which identifies the grantor or with proof of purchase from the grantor. (c) The grantor shall reimburse the dealer for 100 percent of the invoiced cost to the dealer by the grantor, including transportation, of all new current model year and new current year motorcycle, all-terrain vehicle, or utility vehicle inventory acquired from the manufacturer which has not been materially altered or substantially damaged and of all new motorcycle, all-terrain vehicle, or utility vehicle inventory not of the current model year which has not been materially altered or substantially damaged, provided that the noncurrent model year vehicles were acquired from the manufacturer within 12 months prior to the effective date of the termination, cancellation, or nonrenewal. (d) The grantor shall reimburse the dealer for 100 percent of the current net prices as published in the grantor's current price lists or catalogs on accessories and parts, including superseded parts, plus 7 percent of the current net price of all grantor's accessories and parts returned to compensate the dealer for handling, packing, and loading the parts.
10-1-725.6. It shall be unlawful for any grantor, directly or through any officer, agent, or employee:
(1) To coerce, or attempt to coerce, any dealer to accept delivery of any parts or accessories or any other commodities which have not been ordered by such dealer; or

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(2) To coerce, or attempt to coerce, any dealer to enter into an agreement with such grantor or do any other act unfair to such dealer by threatening to cancel any motorcycle, all-terrain vehicle, or utility vehicle dealership franchise agreement existing between such grantor and such dealer.
10-1-725.7. It shall be unlawful for any grantor to prevent or refuse to approve the sale or transfer of the ownership of a motorcycle, all-terrain vehicle, or utility vehicle dealership by the sale of the business assets, stock transfer, or otherwise or a change in executive management or principal operator of the dealership if the new owner, principal operator, or management is creditworthy, has not been convicted of a felony, and is properly licensed; the sale or transfer will not result in a relocation of the business; and the sale or transfer is otherwise reasonable under the circumstances. The burden of proving that any sale or transfer is not reasonable shall be on the grantor; provided, however, that the grantor and the dealer may mutually agree to a relocation of the business.
10-1-725.8. (a) It shall be unlawful for any grantor to fail to provide a motorcycle, all-terrain vehicle, or utility vehicle dealer with an opportunity, at the time of signing a motorcycle, all-terrain vehicle, or utility vehicle dealership franchise agreement or at a reasonable time thereafter, to designate a member of his or her family as a successor to the dealership in the event of the death or incapacity of the dealer. A dealer may from time to time during the term of the franchise agreement change the beneficiary by providing a written notification to the manufacturer. (b) It shall be unlawful to prevent or refuse to honor the succession to a dealership by a member of the family of the deceased or incapacitated dealer unless the grantor has provided to the member of the family so designated written notice of its objections. The burden of proving that such transfer is not reasonable shall be on the grantor. (c) Grounds for objection shall be lack of creditworthiness, conviction of a felony, inability to obtain necessary licenses by the beneficiary, lack of required licenses, or other conditions which make such succession unreasonable under the circumstances; but the grantor shall bear the burden of proving the unreasonableness of such succession. No member of the family of the deceased or incapacitated dealer may succeed to a motorcycle, all-terrain vehicle, or utility vehicle dealership unless the succession to such dealership will not involve, without the grantor's consent, a relocation of the business.
10-1-725.9. (a) Each grantor shall specify in writing to each of its motorcycle, all-terrain vehicle, or utility vehicle dealers licensed in Georgia the dealer's obligation for preparation, delivery, and warranty service on its products; shall compensate the dealer for warranty service required of the dealer by the manufacturer; and shall provide the dealer the

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schedule of compensation to be paid to such dealers for parts, work, and service in connection with warranty service and the time allowances for the performance of such work and service. In no event shall such schedule of compensation fail to include reasonable compensation for diagnostic work as well as repair service and labor. (b) Time allowances for the diagnosis and performance of warranty work and service shall be reasonable and adequate for the work to be performed. In the determination of what constitutes reasonable compensation under this Code section, the principal factors to be given consideration shall be the prevailing wage rates being paid by the dealer and the prevailing labor rate being charged by the dealer in the community in which the dealer is doing business. In no event shall such compensation of a dealer for warranty service be less than the rates charged by the dealer for like service to retail customers for nonwarranty service and repairs so long as such rates are reasonable. (c) A grantor shall reimburse the dealer for warranty parts at actual wholesale costs plus a minimum 25 percent handling charge and the cost, if any, of freight to return warranty parts to the manufacturer. Warranty audits of dealer records may be conducted by the grantor on a reasonable basis. A grantor must disapprove warranty claims in writing within 30 days of the date of submission by the dealer in the manner and form prescribed by the grantor. Claims not specifically disapproved in writing within this 30 days shall be construed to be approved and shall be paid or credited within 45 days. (d) Dealer claims for warranty compensation shall not be denied except for good cause such as performance of nonwarranty repairs, lack of material documentation, fraud, or misrepresentation. Claims for dealer compensation shall be paid within 30 days of dealer submission or rejected in writing for stated reasons. (e) It shall be a violation of this article for any grantor to:
(1) Fail to perform any of its warranty obligations with respect to a motorcycle, allterrain vehicle, or utility vehicle and motorcycle, all-terrain vehicle, or utility vehicle components; (2) Fail to assume all responsibility for any liability resulting from structural or production defects; (3) Fail to include written notices of factory recalls to vehicle owners and dealers and the expected date by which necessary parts and equipment will be available to dealers for the correction of such defects; (4) Fail to compensate any of its motorcycle, all-terrain vehicle, or utility vehicle dealers licensed in Georgia for repairs effected by such dealer of merchandise damaged in manufacture or transit to the dealer where the carrier is designated by the manufacturer, factory branch, distributor, or distributor branch; (5) Fail to compensate its motorcycle, all-terrain vehicle, or utility vehicle dealers licensed in this state for warranty parts, work, and service in accordance with the schedule of compensation provided the dealer pursuant to subsection (a) of this Code section or for legal costs and expenses incurred by such dealers in connection with warranty obligations for which the grantor is legally responsible or which the grantor imposes upon the dealer;

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(6) Misrepresent in any way purchases of motorcycles, all-terrain vehicles, or utility vehicles that contain warranties with respect to the manufacture, performance, or design of the vehicles which are made by the dealer, either as warrantor or cowarrantor; or (7) Require the dealer to make warranties to customers in any manner related to the manufacture of a motorcycle, all-terrain vehicle, or utility vehicle. (f) Notwithstanding the terms of any agreement, it shall be a violation of this article for any grantor to fail to indemnify and hold harmless its motorcycle, all-terrain vehicle, or utility vehicle dealers against any losses or damages arising out of claims, costs, judgments, expenses including reasonable attorney's fees, or suits relating to the manufacture, assembly, or design of motorcycles, all-terrain vehicles, or utility vehicles, parts, or accessories, or other functions by the grantor beyond the control of the dealer, including, without limitation, the selection by the grantor of parts or components for the motorcycle, all-terrain vehicle, or utility vehicle or any damages to merchandise occurring in transit to the dealer where the carrier is designated by the grantor. The dealer shall give notice to the grantor of pending suits in which allegations are made which fall under within this subsection whenever reasonably practicable to do so. Any motorcycle, all-terrain vehicle, or utility vehicle dealer franchise agreement issued to, amended, or renewed for motorcycles, all-terrain vehicles, or utility vehicles in Georgia on or after July 1, 2007, shall be deemed to incorporate provisions consistent with the requirements of this subsection. (g) Whenever a new motorcycle, all-terrain vehicle, or utility vehicle is damaged in transit when the carrier or means of transportation is determined by the grantor or distributor or whenever a motorcycle, all-terrain vehicle, or utility vehicle is otherwise damaged prior to delivery to the motorcycle, all-terrain vehicle, or utility vehicle dealer or if a new motorcycle, all-terrain vehicle, or utility vehicle is found to have substantial box or chassis defects upon arrival at the motorcycle, all-terrain vehicle, or utility vehicle dealership, the dealer must notify the grantor or distributor of such damage or such defects within ten business days from the date of delivery or within a reasonable amount of additional time or, if longer, such time as specified in the motorcycle, allterrain vehicle, or utility vehicle dealership franchise agreement and either: (1) Request from the manufacturer or distributor authorization to replace the components, parts, and accessories damaged or otherwise correct the damage; or (2) Reject the vehicle. If the dealer exercises the option to refuse delivery of the vehicle, the motorcycle, allterrain vehicle, or utility vehicle manufacturer must immediately repurchase such vehicle. (h) If the grantor or distributor refuses or fails to authorize repair of such damage within ten days after receipt of notification or if the dealer rejects a motorcycle, allterrain vehicle, or utility vehicle because of damage, ownership of the new motorcycle, all-terrain vehicle, or utility vehicle shall revert to the grantor or distributor and the motorcycle, all-terrain vehicle, or utility vehicle dealer shall have no obligations,

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financial or otherwise, with respect to such motorcycle, all-terrain vehicle, or utility vehicle. (i) All manufacturers, distributors, and suppliers of motorcycle, all-terrain vehicle, or utility vehicle components shall be subject to the provisions of this article. 10-1-725.10. If any grantor violates this article, a motorcycle, all-terrain vehicle, or utility vehicle dealer may bring an action against such grantor in a court of competent jurisdiction in the county of the motorcycle, all-terrain vehicle, or utility vehicle dealer for damages sustained as a consequence of the grantor's violation, together with the actual costs of the action including reasonable attorney's fees; and the dealer also may be granted injunctive relief against unlawful termination, cancellation, or nonrenewal and refusal to permit transfer of ownership in accordance with this article.
10-1-725.11. In any action brought by a motorcycle, all-terrain vehicle, or utility vehicle dealer against a grantor under this article, any violation of this article by the grantor shall be deemed an irreparable injury to the motorcycle, all-terrain vehicle, or utility vehicle dealer for determining if a temporary injunction should be issued.
10-1-725.12. It shall be unlawful for a grantor to establish a new motorcycle, all-terrain vehicle, or utility vehicle dealership unless the dealer meets the requirements and definitions provided in this article.
10-1-725.13. It shall be unlawful for any dealer to sell or distribute any new motorcycle, all-terrain vehicle, or utility vehicle in Georgia unless the dealer has a franchise dealership agreement with a grantor with the express right to sell or distribute motorcycles, allterrain vehicles, or utility vehicles in Georgia, operates a motorcycle, all-terrain vehicle, or utility vehicle dealership, and meets all of the requirements and definitions provided in this article. Any dealer who does not meet the requirements of this article may participate in events where motorcycles, all-terrain vehicles, or utility vehicles are exhibited or demonstrated and seminars are provided but shall be prohibited from contracting to sell or distribute motorcycles, all-terrain vehicles, or utility vehicles to the public."
SECTION 4. This Act shall become effective on July 1, 2007, and shall apply to any agreement entered into on or after July 1, 2007, and to any renewal, modification, or amendment made on or after July 1, 2007, to any such agreement.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

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The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce E Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H N Davis, S Y Day

Y Dempsey Y Dickson Y Dollar Y Drenner E Dukes Y Ehrhart Y England Y Epps Y Everson
Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A Y Holmes

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

Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese E Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

HB 279. By Representatives Collins of the 27th, Cooper of the 41st, Burkhalter of the 50th, Lunsford of the 110th, Ralston of the 7th and others:

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A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to require certain procedures for determinations relating to eligibility for medical assistance through the Katie Beckett waiver program for children with Spina Bifida who have Myelomeningocele; 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 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to require certain procedures for determinations relating to eligibility for medical assistance through the Katie Beckett waiver program for children with Spina Bifida who have Myelomeningocele; to make a statement of 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. 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:
"49-4-153.1. (a) The General Assembly finds that this Code section meets the nursing facility level of care criteria. (b) A minor child with Spina Bifida who has Myelomeningocele and is otherwise eligible for medical assistance under the state plan provided pursuant to this article through the waiver programs created under the Tax Equity and Fiscal Responsibility Act of 1982, commonly referred to as Katie Beckett waivers, shall qualify for such waiver if the child:
(1) Is born with Meningomyelocele, the most severe form of Spina Bifida, for one year after birth as these children will require some surgical correction on the spine, most will require shunting, and complications from shunting will usually occur in the first year; or (2) After the first year of birth has at least three of the following as defined by the department:
(A) Shunted hydrocephalus; (B) Neurogenic bladder/bowel; (C) Severe physical mobility impairment including, but not limited to, wheelchair bound individuals;

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(D) Mental issues or learning disabilities which shall be evidenced by documentation that may include, but shall not be limited to, a formal individualized education program (IEP) or its equivalent; or (E) Rehabilitation needs or therapeutic activities or exercises which shall be furnished directly by or under the supervision of technical or professional personnel no less than twice per month; or (3) After the first year of birth, three or more hospitalizations for Spina Bifida related problems including, but not limited to, shunt malfunction, urosepsis, orthopedic surgeries, or urological surgeries. (c) Once the above eligibility for this waiver is documented, the department shall not be authorized to require further physician certification or documentation for purposes of eligibility under this waiver program. However, a physician letter shall be provided annually indicating eligibility conditions and such letter shall serve as adequate continued eligibility documentation under this waiver program."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce E Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas

Y Dempsey Y Dickson
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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox
Lakly Y Lane, B Y Lane, R

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett

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

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Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

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

Y Levitas 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 Reece Y Reese E Rice Y Roberts
Rogers Y Royal
Rynders Y Sailor Y Scott, A

Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, M Y Williams, R Y Wix E 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.

HB 587. By Representatives May of the 111th, Harbin of the 118th, Fleming of the 117th and Roberts of the 154th:

A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to the distribution, storage, and sale of gas, so as to provide for revocation of a certificate of public convenience and necessity if the holder of the certificate has not within five years of receiving the certificate begun construction or operation of any pipeline, or distribution system, or any extension thereof, in substantially all of the territory covered by such certificate; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

To amend Article 2 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to the distribution, storage, and sale of gas, so as to provide for revocation of a certificate of public convenience and necessity if the holder of the certificate has not begun construction or operation of any pipeline, or distribution system, or any extension thereof, in substantially all of the territory covered by such certificate where an end-use customer, property owner, or developer has requested natural gas 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.

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Article 2 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to the distribution, storage, and sale of gas, is amended by adding a new subsection to Code Section 46-4-28, relating to the suspension, revocation, alteration, or amendment of certificates by the Public Service Commission, to read as follows:
"(a.1) Any certificate issued under this article shall be revoked or amended by the commission upon application to the commission by a person to provide natural gas service to a specified end-use customer, property owner, or developer who has requested natural gas service if the holder of the certificate has failed to begin construction or operation of any pipeline, or distribution system, or any extension thereof, in substantially all of the territory covered by such certificate. Once a person has filed such an application, the portion of the certificate of the territory for which the applicant is seeking to provide natural gas service to a specified end-use customer, property owner, or developer shall be deemed revoked or amended. The commission shall determine whether the applicant shall be entitled to a certificate for the territory that has been excluded from the certificate or whether the territory should be re-issued to the person who held the certificate at the time of the application. The commission shall make such determination within 90 days of the application and shall consider factors such as whether the applicant can offer service at less cost in accordance with a commission approved line extension policy and other factors the commission deems in the public interest. The newly certified area shall be designed by the commission to serve the customers, property owners, or developers in question while ensuring a boundary with safety and public welfare as the focus."

SECTION 2. This Act shall become effective on July 1, 2007 and shall apply to all certificates in effect or applied for on or after such date.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton

Y Dempsey Y Dickson
Dollar Y Drenner E Dukes Y Ehrhart Y England Y Epps Y Everson

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F

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Y Black Y Bridges Y Brooks Y Bruce E Bryant Y Buckner Y Burkhalter Y Burns Y Butler
Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton
Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox
Lakly Y Lane, B
Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y Morgan Morris
Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece
Reese E Rice Y Roberts
Rogers Y Royal
Rynders Y Sailor Y Scott, A

Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton
Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix E 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 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 267. By Senators Hamrick of the 30th, Pearson of the 51st and Rogers of the 21st:

A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, the "Georgia Condominium Act," so as to define certain terms; to provide that a declarant shall pay certain expenses; to provide for exceptions; to provide for an exception for a certain obligation to provide a certificate of occupancy; to provide for the effect on land use and

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zoning ordinances or laws of an expandable condominium; to provide for the creation of a subcondominium; to provide for a subassociation; to provide for insurance; to provide for the effect of certain liens; to provide for eminent domain; to provide for the description of certain units; to provide for assessments; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 272. By Senators Bulloch of the 11th and Pearson of the 51st:
A BILL to be entitled an Act to amend Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to sale of agricultural and forest products, so as to provide limited liability for owners and operators of farms offering agritourism activities under certain circumstances; to provide for legislative findings; to provide for definitions; to provide for warnings and notices; to repeal conflicting laws; and for other purposes.
SB 290. By Senators Heath of the 31st, Pearson of the 51st, Powell of the 23rd, Wiles of the 37th, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Title 6 of the Official Code of Georgia Annotated, relating to aviation, so as to create the Georgia Aviation Authority; to provide for a short title and a definition; to amend Code Section 32-2-2 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Transportation, so as to remove provisions relative to the authority of that department with respect to state aircraft; to amend Chapter 19 of Title 50 of the Official Code of Georgia Annotated, relating to state government transportation services, so as to repeal Article 2, the "Air Transportation Act," relating to the powers and duties of the Department of Transportation with respect to state air transportation; to provide for other related matters; to repeal conflicting laws; and for other purposes.
SB 295. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, so as to prohibit certain conduct relative to the active chemical ingredient in the hallucinogenic plant Salvia divinorum A; to provide for exceptions; to provide punishment for violations; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:

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SR 125. By Senators Carter of the 13th, Harp of the 29th, Chance of the 16th, Heath of the 31st, Hamrick of the 30th 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.
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 394. By Representatives Lunsford of the 110th, Ralston of the 7th, O`Neal of the 146th, Harbin of the 118th, Morris of the 155th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 11 of Title 16 of the O.C.G.A., relating to offenses against public order, so as to provide for the crime of unlawful conduct during 9-1-1 calls; to provide for criminal penalties; 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 that certain fees collected on behalf of local governments shall be paid to the Department of Community Affairs for disbursement to the local governments; to provide for an accounting; to provide for an administrative fee; 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 with respect to 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 related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Article 2 of Chapter 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 9-1-1 calls; to provide for criminal penalties; to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to the emergency telephone number 9-1-1 system, so as to define certain terms; to provide for

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an accounting; 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 with respect to 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 grants from the Emergency 9-1-1 Assistance Fund; to provide certain uniform, state-wide training for directors of public safety answering points; to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to revise definitions for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, is amended by inserting a new Code section to read as follows:
"16-11-39.2. (a) As used in this Code section, the term:
(1) 'Call' shall have the same meaning as set forth in paragraph (2.1) of Code Section 46-5-122. (2) 'False report' means the fabrication of an incident or crime or of material information relating to an incident or crime which the person making the report knows to be false at the time of making the report. (3) 'Harass' means to knowingly and willingly engage in any conduct directed toward a communications officer that is likely to impede or interfere with such communications officer's duties, that threatens such communication officer or any member of his or her family, or that places any member of the public served or to be served by 9-1-1 service in danger of injury or delayed assistance. (4) 'Harassing' means the willful use of opprobrious and abusive language which has no legitimate purpose in relation to imparting information relevant to an emergency call. (5) '9-1-1' means a public safety answering point as defined in paragraph (15) of Code Section 46-5-122. The term '9-1-1' also means the digits, address, Internet Protocol address, or other information used to access or initiate a call to a public safety answering point. (b) A person commits the offense of unlawful conduct during a 9-1-1 telephone call if he or she: (1) Without provocation, uses obscene, vulgar, or profane language with the intent to intimidate or harass a 9-1-1 communications officer; (2) Calls or otherwise contacts 9-1-1, whether or not conversation ensues, for the purpose of annoying, harassing, or molesting a 9-1-1 communications officer or for the purpose of interfering with or disrupting emergency telephone service;

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(3) Calls or otherwise contacts 9-1-1 and fails to hang up or disengage the connection for the intended purpose of interfering with or disrupting emergency service; (4) Calls or otherwise contacts 9-1-1 with the intention to harass a communications officer; or (5) Calls or otherwise contacts 9-1-1 and makes a false report. (c) Any person who violates subsection (b) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $500.00 or 12 months in jail, or both. (d) Any violation of subsection (b) of this Code section shall be considered to have been committed in any county where such call to or contact with 9-1-1 originated or in any county where the call to or contact with 9-1-1 was received."
SECTION 2. Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to the emergency telephone number 9-1-1 system, is amended by revising Part 4 as follows:
"Part 4
46-5-120. This part shall be known and may be cited as the 'Georgia Emergency Telephone Number 9-1-1 Service Act of 1977.'
46-5-121. (a) The General Assembly finds and declares that it is in the public interest to shorten the time required for a citizen to request and receive emergency aid. There currently exist numerous different emergency phone numbers throughout the state. Provision for a single, primary three-digit emergency number through which emergency services can be quickly and efficiently obtained would provide a significant contribution to law enforcement and other public service efforts by making it easier to notify public safety personnel. Such a simplified means of procuring emergency services will result in the saving of lives, a reduction in the destruction of property, and quicker apprehension of criminals. It is the intent of the General Assembly to establish and implement a cohesive state-wide emergency telephone number 9-1-1 system which will provide citizens with rapid, direct access to public safety agencies by dialing telephone number 9-1-1 with the objective of reducing the response time to situations requiring law enforcement, fire, medical, rescue, and other emergency services. (b) The General Assembly further finds and declares that the benefits of 9-1-1 service should be widely available, regardless of whether a 9-1-1 call is placed from a traditional landline telephone or from a wireless telephone. It is also in the public interest that users of wireless telephones should bear some of the cost of providing this life-saving service, as users of landline telephones currently do. It is the intent of the General Assembly to bring wireless telephone service within the scope of this part and

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to establish a means by which local public safety agencies may provide enhanced 9-1-1 service to wireless telephone users. (c) The General Assembly further finds and declares that communication technology is rapidly and constantly changing. It is in the public interest that as different means of accessing 9-1-1 service emerge, that the users of such technology bear some of the cost of providing this life-saving service, as users of landline and wireless telephones currently do. It is the intent of the General Assembly to bring these new and emerging technologies within the scope of this part and establish a means by which local public safety agencies may provide 9-1-1 service to such users. (d) The General Assembly further finds and declares that the safety and well-being of the citizens of Georgia is of the utmost importance, and it is in the public interest to provide the highest level of emergency response service on a local, regional, and statewide basis.
46-5-122. As used in this part, the term:
(1) 'Addressing' means the assigning of a numerical address and street name (the name may be numerical) to each location within a local government's geographical area necessary to provide public safety service as determined by the local government. This address replaces any route and box number currently in place in the 9-1-1 data base and facilitates quicker response by public safety agencies. (2) 'Agency' means the Georgia Emergency Management Agency established pursuant to Code Section 38-3-20 unless the context clearly requires otherwise. (2.1) 'Call' means any communication, message, signal, or transmission. (2.2) 'Center' means the Georgia Public Safety Training Center. (2.3) 'Department' means the Department of Community Affairs established pursuant to Code Section 50-8-1. (3) 'Director' means the director of emergency management appointed pursuant to Code Section 38-3-20. (4) 'Cost recovery' means the mechanism by which service suppliers may recover the recurring and nonrecurring costs they expend on the implementation of wireless 9-1-1 services. (5) 'Emergency 9-1-1 system' or '9-1-1 system' means a local exchange telephone service, computer service, or wireless service, or other service which facilitates the placing of calls by persons in need of emergency services to a public safety answering point by dialing the telephone number 9-1-1 and under which calls to 9-1-1 are answered or otherwise responded to by public safety answering points established and operated by the local government subscribing to the 9-1-1 service. The term 'emergency 9-1-1 system' also includes 'enhanced 9-1-1 service,' which means an emergency telephone system that provides the caller user with emergency 9-1-1 system service and, in addition, directs 9-1-1 calls to appropriate public safety answering points by selective routing based on the geographical location from which

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the call originated and provides the capability for automatic number identification and automatic location identification features. (6) 'Enhanced ZIP Code' means a United States postal ZIP Code of 9 or more digits. (7) 'Exchange access facility' means the access from a particular telephone subscriber's premises to the telephone system of a service supplier. Exchange access facilities include service supplier provided access lines, PBX trunks, and Centrex network access registers, all as defined by tariffs of the telephone companies as approved by the Georgia Public Service Commission. The term 'exchange access facility,' also includes Voice over Internet Protocol service suppliers and any other communication, message, signal, or information delivery system capable of initiating a 9-1-1 emergency call. Exchange access facilities do not include service supplier owned and operated telephone pay station lines, Wide Area Telecommunications Services (WATS), Foreign Exchange (FX), or incoming only lines. (8) 'FIPS' means the Federal Information Processing Standard (FIPS) 55-3 or any future enhancement. (9) 'Local government' means any city, county, military base, or political subdivision of Georgia and its agencies. (10) 'Mobile telecommunications service' means commercial mobile radio service, as such term is defined in 47 C.F.R. Section 20.3. (11) '9-1-1 charge' means a contribution to the local government for the 9-1-1 service start-up equipment costs, subscriber notification costs, addressing costs, billing costs, nonrecurring and recurring installation, maintenance, service, and network charges of a service supplier providing 9-1-1 service pursuant to this part, and costs associated with the hiring, training, and compensating of dispatchers employed by the local government to operate said 9-1-1 system at the public safety answering points. (11.1) '9-1-1 number' means the digits, address, Internet Protocol address, or other information used to access or initiate a call to a public safety answering point. (12) 'Place of primary use' means the street address representative of where the customer's use of the mobile telecommunications service primarily occurs, which must be the residential street address or the primary business street address of the customer. (12.1) 'Prepaid wireless service' means any method pursuant to which a customer pays a wireless service provider in advance for a wireless telecommunications connection. Such term shall include, without limitation, calling or usage privileges included with the purchase of a wireless telephone as well as additional calling or usage privileges purchased by any means, including, without limitation, a calling card, a wireless communication, or an Internet transaction. (13) 'Public agency' means the state and any city, county, city and county, municipal corporation, chartered organization, public district, or public authority located in whole or in part within this state which provides or has authority to provide firefighting, law enforcement, ambulance, medical, or other emergency services. (14) 'Public safety agency' means a functional division of a public agency which provides fire-fighting, law enforcement, emergency medical, suicide prevention,

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emergency management dispatching, poison control, drug prevention, child abuse, spouse abuse, or other emergency services. (15) 'Public safety answering point' means the public safety agency which receives incoming 9-1-1 telephone calls and dispatches appropriate public safety agencies to respond to such calls. (16) 'Service supplier' means a person or entity who provides local exchange telephone service or wireless service to a telephone subscriber. (16.1) 'Telephone service' means any method by which a 9-1-1 emergency call is delivered to a public safety answering point. The term 'telephone service' shall include local exchange telephone service or other telephone communication service, wireless service, prepaid wireless service, mobile telecommunications service, computer service, Voice over Internet Protocol service, or any technology that delivers or is required by law to deliver a call to a public safety answering point. (17) 'Telephone subscriber' means a person or entity to whom local exchange telephone service or wireless service, either residential or commercial, is provided and in return for which the person or entity is billed on a monthly basis. When the same person, business, or organization has several telephone access lines, each exchange access facility shall constitute a separate subscription. When the same person, business, or organization has several wireless telephones, each wireless telecommunications connection shall constitute a separate connection. (17.1) 'Voice over Internet Protocol service' means any technology that permits a voice conversation using a voice connection to a computer, whether through a microphone, a telephone, or other device, which sends a digital signal over the Internet through a broadband connection to be converted back to the human voice at a distant terminal and that delivers or is required by law to deliver a call to a public safety answering point. (17.2) 'Voice over Internet Protocol service supplier' means a person or entity who provides Voice over Internet Protocol service to subscribers for a fee. (18) 'Wireless enhanced 9-1-1 charge' means a contribution to the local government for the following:
(A) The costs to the local government of implementing or upgrading, and maintaining, an emergency 9-1-1 system which is capable of receiving and utilizing the following information, as it relates to 9-1-1 calls made from a wireless telecommunications connection: automatic number identification, the location of the base station or cell site which receives the 9-1-1 call, and the location of the wireless telecommunications connection; (B) Nonrecurring and recurring installation, maintenance, service, and network charges of a wireless service supplier to provide the information described in subparagraph (A) of this paragraph; and (C) Other costs which may be paid with money from the Emergency Telephone System Fund, pursuant to subsection (e) of Code Section 46-5-134. (19) 'Wireless service' means 'commercial mobile service' as defined under Section 332(D) of the federal Telecommunications Act of 1996 (47 U.S.C. Section 157, et

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seq.), regulations of the Federal Communications Commission, and the Omnibus Budget Reconciliation Act of 1993 (P.L. 103-66) and includes real-time, two-way interconnected voice service which is provided over networks which utilize intelligent switching capability and offer seamless handoff to customers. The term does not include one-way signaling service, data transmission service, nonlocal radio access line service, or a private telecommunications service. The term does include prepaid wireless service. (20) 'Wireless service supplier' means a provider of wireless service. (21) 'Wireless telecommunications connection' means any mobile station for wireless service that connects a provider of wireless service to a provider of local exchange telephone service.
46-5-123. (a) For the purposes of the development and implementation of a plan for the statewide emergency telephone number 9-1-1 system, there is created the 9-1-1 Advisory Committee to be composed of the director of emergency management, who shall serve as chairperson; the director of the Georgia Technology Authority or his or her designee; and 12 other members appointed by the Governor, as follows:
(1) Three members appointed from nominees of the Georgia Municipal Association; (2) Three members appointed from nominees of the Association County Commissioners of Georgia; (3) Four members who are experienced in and currently involved in the management of emergency telephone systems; and (4) Two members who are representatives of the telecommunications industry, one of whom shall be a representative of a wireless service supplier and one of whom shall be a representative of a land based service supplier. (b) When appointments are made, the associations making nominations pursuant to this Code section shall submit at least three times as many nominees as positions to be filled at that time by nominees of the association. (c) The appointed members of the committee shall serve at the pleasure of the Governor. Vacancies shall be filled in the same manner as the original appointment. (d) The committee shall organize itself as it deems appropriate and may elect other officers from among its members. (e) The committee shall hold meetings at the call of the chairperson; provided, however, that it shall meet at least three times a year. A quorum for transacting business shall be a majority of the members of the committee. (f) The committee shall be assigned to the agency for administrative purposes only, as prescribed in Code Section 50-4-3. (g) The committee shall have the following duties and responsibilities: (1) Determine recipients of assistance grants provided for under 46-5-134.2; (2) To study and evaluate the state-wide provision of 9-1-1 service; (3) To identify any changes necessary to accomplish more effective and efficient 9-11 service across this state;

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(4) To identify any changes necessary in the assessment and collection of 9-1-1 fees; (5) To make recommendations to the agency as to training that should be provided to directors of public safety answering points; and (6) To provide an annual report which shall include proposed legislation, if any, to the Governor and the General Assembly by December 1 of each year.
46-5-124. (a) The agency shall develop guidelines for implementing a state-wide emergency telephone number 9-1-1 system. The guidelines shall provide for:
(1) Steps of action necessary for public agencies to effect the necessary coordination, regulation, and development preliminary to a 9-1-1 system that will shall incorporate the requirements of each public service agency in each local government of Georgia; (2) Identification of mutual aid agreements necessary to effect the 9-1-1 system, including coordination on behalf of the State of Georgia with any federal agency to secure financial assistance or other desirable activities in connection with the receipt of funding that may be provided to communities for the planning, development, or implementation of the 9-1-1 system; (3) The coordination necessary between local governments planning or developing a 9-1-1 system and other state agencies, the Public Service Commission, all affected utility and telephone companies, wireless service suppliers, and other agencies; (4) The actions to establish emergency telephone communications service necessary to meet the requirements for each local government, including law enforcement, firefighting, medical, suicide prevention, rescue, or other emergency services; and (5) The actions to be taken by a local government desiring to provide wireless enhanced 9-1-1 service, including requirements contained in 47 Code of Federal Regulations Section 20.18. (b) The agency shall be responsible for encouraging and promoting the planning, development, and implementation of local 9-1-1 system plans. The agency shall develop any necessary procedures to be followed by public agencies for implementing and coordinating such plans and shall mediate whenever disputes arise or agreements cannot be reached between the local political jurisdiction and other entities involving the 9-1-1 system. (c) Subject to the approval of the Governor, the director shall be authorized to promulgate rules and regulations to establish minimum standards relating to training and equipment. Such training standards shall not be inconsistent with the training course or certification required for communications officers under Code Section 35-823. Notwithstanding any other law to the contrary, no communications officer hired to the staff of a 9-1-1 communications center public safety answering point shall be required to complete his or her training pursuant to Code Section 35-8-23 prior to being hired or employed for such position. (d) The agency shall maintain the registry of wireless service suppliers provided for in Code Section 46-5-124.1.

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46-5-124.1. (a) Any service supplier doing business in Georgia shall register the following information with the director:
(1) The name, address, and telephone number of the representative of the service supplier to whom the resolution adopted pursuant to Code Section 46-5-133 or other notification of intent to provide automatic number identification or automatic location identification, or both, of a wireless telecommunications connection should be submitted; (2) The name, address, and telephone number of the representative of the service supplier with whom a local government must coordinate to implement automatic number identification or automatic location identification, or both, of a wireless telecommunications connection; (3) The counties in Georgia in which the service supplier is authorized to provide wireless service at the time the filing is made; and (4) Every corporate name under which the service supplier is authorized to provide wireless service in Georgia. (b) After the initial submission by each service supplier doing business in this state, the information required by subsection (a) of this Code section shall be updated and submitted to the director by the tenth day of January and the tenth day of July of each year or such other semiannual schedule as the director may establish. (c) The director shall send a notice of delinquency to any service supplier which fails to comply with subsection (b) of this Code section. Such notice shall be sent by certified mail or statutory overnight delivery. Any service supplier which fails to register and provide the information required by this Code section within 30 days after receipt of a notice of delinquency shall not be eligible to receive cost recovery funds as provided in subsection (e) of Code Section 46-5-134 until the service supplier is in compliance with subsection (b) of this Code section.
46-5-125. Nothing in this part shall be construed to prohibit or discourage the formation of multijurisdictional or regional 9-1-1 systems; and any system established pursuant to this part may include the jurisdiction, or any portion thereof, of more than one public agency.
46-5-126. The agency shall coordinate its activities with those of the Public Service Commission, which shall encourage the Georgia telephone industry to activate facility modification plans for a timely 9-1-1 implementation.
46-5-127. After January 1, 1978, no emergency telephone number 9-1-1 system shall be established, and no existing system shall be expanded to provide wireless enhanced 9-

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1-1 service, without written confirmation by the agency that the local plan conforms to the guidelines and procedures provided for in Code Section 46-5-124.
46-5-128. All public agencies shall assist the agency in its efforts to carry out the intent of this part; and such agencies shall comply with the guidelines developed pursuant to Code Section 46-5-124 by furnishing a resolution of intent regarding an emergency telephone number 9-1-1 system.
46-5-129. The agency may develop a 9-1-1 emblem which may be utilized on marked vehicles used by public safety agencies participating in a local 9-1-1 system.
46-5-130. The agency is authorized to apply for and accept federal funding assistance in the development and implementation of a state-wide emergency telephone number 9-1-1 system.
46-5-131. (a) Whether participating in a state-wide emergency 9-1-1 system or an emergency 91-1 system serving one or more local governments, neither the state nor any local government of the state nor any emergency 9-1-1 system provider, its employees, directors, officers, and agents, except in cases of wanton and willful misconduct or bad faith, shall be liable for death or injury to the any person or for damage to property as a result of either developing, adopting, establishing, participating in, implementing, maintaining, or carrying out duties involved in operating the 9-1-1 emergency telephone emergency 9-1-1 system or in the identification of the telephone number, address, or name associated with any person accessing an emergency 9-1-1 system. (b) No local government of the State of Georgia shall be required to release, indemnify, defend, or hold harmless any emergency 9-1-1 system provider from any loss, claim, demand, suit, or other action or any liability whatsoever which arises out of subsection (a) of this Code section, unless the local government agrees or has agreed to assume such obligations.
46-5-132 It shall be unlawful for any wireless service supplier to assess or charge any fee for an emergency telephone call placed on a 9-1-1 emergency telephone an emergency 9-1-1 system. The prohibition provided for in this Code section shall only apply to actual emergency telephone calls made on such system and shall not apply to nor prohibit any fee assessed or charged for the implementation or enhancement of such system.
46-5-133.

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(a) Subject to the provisions of subsection (b) of this Code section, the governing authority of any local government which operates or which contracts for the operation of an emergency 9-1-1 system is authorized to adopt a resolution to impose a monthly 9-1-1 charge upon each exchange access facility telephone service subscribed to by telephone subscribers whose exchange access lines are in the areas served or which would be served by the 9-1-1 service. Subject to the provisions of subsection (b) of this Code section and of subparagraphs (a)(2)(A) and (a)(2)(B) of Code Section 46-5-134, the governing authority of any local government which operates or contracts for the operation of an emergency 9-1-1 system which is capable of providing or provides enhanced 9-1-1 service to persons or entities with a wireless telecommunications connection, excluding a military base, is authorized to adopt a resolution to impose a monthly wireless enhanced 9-1-1 charge upon each wireless telecommunications connection, other than a connection for prepaid wireless service, subscribed to by telephone subscribers whose place of primary use is within the geographic area that is served by the local government or that would be served by the local government for the purpose of such an emergency 9-1-1 system. Such resolution, or any amendment to such resolution, shall fix a date on which such resolution and the imposition and collection of the 9-1-1 charge or wireless enhanced 9-1-1 charge, as provided in the resolution, shall become effective; provided, however, that such effective date shall be at least 120 days following the date of the adoption of such resolution or any amendment to such resolution by the local government. The 9-1-1 charge must be uniform, may not vary according to the type of exchange access facility telephone service used, and may be billed on a monthly or quarterly basis. The wireless enhanced 9-1-1 charge must be uniform, not vary according to the type of wireless telecommunications connection used, and may be billed on a monthly or quarterly basis.
(b)(1) Except as provided in paragraph (2) of this subsection, no local government shall be authorized to exercise the power conferred by this Code section unless either:
(A) A majority of the voters residing in that political subdivision who vote in an election called for such purpose shall vote to authorize the implementation of this Code section. Such election shall be called and conducted as other special elections are called and conducted in such local government when requested by such local government authority. The question or questions on the ballot shall be as prescribed by the election superintendent, provided that separate questions may be posed regarding implementation of a 9-1-1 charge and of a wireless enhanced 9-1-1 charge; or (B) After a public hearing held upon not less than ten days public notice. (2) The provisions of paragraph (1) of this subsection shall not apply with respect to a local government if the governing authority of such local government has on or before March 7, 1988, contracted with a local exchange telephone service supplier for the purchase or operation, or both, of a local exchange telephone 9-1-1 system. (c) On and after January 1, 1999, no monthly 9-1-1 charge provided for in this Code section may shall be imposed or continue to be imposed unless each dispatch center

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public safety answering point funded in whole or in part from such charges is in compliance with Code Section 36-60-19, relating to required TDD training for communications officers.
46-5-134. (a)(1)(A) The telephone subscriber of an exchange access facility any telephone service may be billed for the monthly 9-1-1 charge, if any, imposed with respect to that facility such telephone service by the service supplier. Such 9-1-1 charge may not exceed $1.50 per month per exchange access facility telephone service provided to the telephone subscriber. In the event that any telephone service supplier, due to its normal billing practices, is unable to charge differing amounts set by each local government as the 9-1-1 charge, such telephone service supplier shall collect on behalf of local governments that have authorized a 9-1-1 charge $1.50 per month per telephone service provided to the telephone subscribers to whom it provides telephone service in every area served by the emergency 9-1-1 system. (B) All exchange access facilities telephone services billed to federal, state, or local governments shall be exempt from the 9-1-1 charge. Each service supplier shall, on behalf of the local government, collect the 9-1-1 charge from those telephone subscribers to whom it provides exchange telephone service in the area served by the emergency 9-1-1 system. As part of its normal billing process, the service supplier shall collect the 9-1-1 charge for each month an exchange access facility a telephone service is in service, and it shall list the 9-1-1 charge as a separate entry on each bill. If a service supplier receives a partial payment for a bill from a telephone subscriber, the service supplier shall apply the payment against the amount the telephone subscriber owes the service supplier first. (C) This paragraph shall not apply to wireless service or prepaid wireless service or the telephone subscribers or service suppliers of such services. (2)(A) If the governing authority of a local government operates or contracts for the operation of an emergency 9-1-1 system which is capable of providing or provides automatic number identification of a wireless telecommunications connection and the location of the base station or cell site which receives a 9-1-1 call from a wireless telecommunications connection, the subscriber of a wireless telecommunications connection whose billing address is within the geographic area that is served by the local government or that would be served by the local government for the purpose of such an emergency 9-1-1 system may be billed for the monthly wireless enhanced 9-1-1 charge, if any, imposed with respect to that connection by the wireless service supplier. Such wireless enhanced 9-1-1 charge may not exceed the amount of the monthly 9-1-1 charge imposed upon other telephone subscribers of exchange access facilities pursuant to paragraph (1) of this subsection nor exceed $1.00 per month per wireless telecommunications connection provided to the telephone subscriber. (B) If the governing authority of a local government operates or contracts for the operation of an emergency 9-1-1 system which is capable of providing or provides

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automatic number identification and automatic location identification of a wireless telecommunications connection, the subscriber of a wireless telecommunications connection whose place of primary use is within the geographic area that is served by the local government or that would be served by the local government for the purpose of such an emergency 9-1-1 system may be billed for the monthly wireless enhanced 9-1-1 charge, if any, imposed with respect to that connection by the wireless service supplier. Such wireless enhanced 9-1-1 charge may not exceed the amount of the monthly 9-1-1 charge imposed upon other telephone subscribers of exchange access facilities pursuant to paragraph (1) of this subsection and shall be imposed on a monthly basis for each wireless telecommunications connection provided to the telephone subscriber. (C) All wireless telecommunications connections billed to federal, state, or local governments shall be exempt from the wireless enhanced 9-1-1 charge. Each wireless service supplier shall, on behalf of the local government, collect the wireless enhanced 9-1-1 charge from those telephone subscribers whose place of primary use is within the geographic area that is served by the local government or that would be served by the local government for the purpose of such an emergency 9-1-1 system. As part of its normal billing process, the wireless service supplier shall collect the wireless enhanced 9-1-1 charge for each month a wireless telecommunications connection is in service, and it shall list the wireless enhanced 9-1-1 charge as a separate entry on each bill. If a wireless service supplier receives partial payment for a bill from a telephone subscriber, the wireless service supplier shall apply the payment against the amount the telephone subscriber owes the wireless service supplier first. (D) Notwithstanding the foregoing, the application of any 9-1-1 service charge with respect to a mobile telecommunications service, as defined in 4 U.S.C. Section 124(7), shall be governed by the provisions of Code Section 48-8-6. (E) This paragraph shall not apply to prepaid wireless service or the telephone subscribers or service suppliers of such service. (b) Every telephone subscriber in the area served by the emergency 9-1-1 system shall be liable for the 9-1-1 charges and the wireless enhanced 9-1-1 charges imposed under this Code section until it has been paid to the service supplier. A service supplier shall have no obligation to take any legal action to enforce the collection of the 9-1-1 charge or wireless enhanced 9-1-1 charge. The service supplier shall provide the governing authority within 60 days with the name and address of each subscriber who has refused to pay the 9-1-1 charge or wireless enhanced 9-1-1 charge after such 9-1-1 charge or wireless enhanced 9-1-1 charge has become due. A collection action may be initiated the local government that imposed the charges, and reasonable costs and attorneys fees associated with that collection action may be awarded to the local government collecting the 9-1-1 charge or wireless enhanced 9-1-1 charge. (c) The local government contracting for the operation of an emergency 9-1-1 system shall remain ultimately responsible to the service supplier for all emergency 9-1-1 system installation, service, equipment, operation, and maintenance charges owed to the

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service supplier. Any taxes due on emergency 9-1-1 system service provided by the service supplier will be billed to the local government subscribing to the service. State and local taxes do not apply to the 9-1-1 charge or wireless enhanced 9-1-1 charge billed to telephone subscribers under this Code section.
(d)(1) Each service supplier that collects 9-1-1 charges or wireless enhanced 9-1-1 charges on behalf of the local government is entitled to retain as an administrative fee an amount equal to 3 percent of the gross 9-1-1 or wireless enhanced 9-1-1 charge receipts to be remitted to the local government; provided, however, that such amount shall not exceed 3 for every dollar so remitted. The remaining amount shall be due quarterly to the local government and shall be remitted to it no later than 60 days after the close of a calendar quarter. (2) The 9-1-1 charges and the wireless enhanced 9-1-1 charges collected by the service supplier shall be deposited and accounted for in a separate restricted revenue fund known as the Emergency Telephone System Fund maintained by the local government. The local government may invest the money in the fund in the same manner that other moneys of the local government may be invested and any income earned from such investment shall be deposited into the Emergency Telephone System Fund. (3) On or before July 1, 2005, any funds that may have been deposited in a separate restricted wireless reserve account required by this Code section prior to such date shall be transferred to the Emergency Telephone System Fund required by paragraph (2) of this subsection. (4) The local government may on an annual basis, and at its expense, audit or cause to be audited the books and records of service suppliers with respect to the collection and remittance of 9-1-1 charges. (5) Such monthly 9-1-1 charges and wireless enhanced 9-1-1 charges may be reduced at any time by the governing authority by resolution; provided, however, that the said governing authority shall be required to reduce such monthly 9-1-1 charge or wireless enhanced 9-1-1 charge at any time the projected revenues from 9-1-1 charges or wireless enhanced 9-1-1 charges will cause the unexpended revenues in the Emergency Telephone System Fund at the end of the fiscal year to exceed by one and one-half times the unexpended revenues in such fund at the end of the immediately preceding fiscal year or at any time the unexpended revenues in such fund at the end of the fiscal year exceed by one and one-half times the unexpended revenues in such fund at the end of the immediately preceding fiscal year. Such reduction in the 9-1-1 charge or wireless enhanced 9-1-1 charge shall be in an amount which will avert the accumulation of revenues in such fund at the end of the fiscal year which will exceed by one and one-half times the amount of revenues in the fund at the end of the immediately preceding fiscal year. (e) A wireless service supplier may recover its costs expended on the implementation and provision of wireless enhanced 9-1-1 services to subscribers in an amount not to exceed 30 of each 9-1-1 charge collected from a place of primary use that is within the geographic area that is served by the local government or would be served by the local

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government for the purpose of such emergency 9-1-1 system; provided, however, that such amount may be increased to 45 upon implementation of step two of the state plan governing 9-1-1 enhanced communications as provided in subsection (g) of this Code section. Such cost recovery amount shall be based on the actual cost incurred by the wireless service supplier in providing wireless enhanced 9-1-1 services. (f) In addition to cost recovery as provided in subsection (e) of this Code section, money from the Emergency Telephone System Fund shall be used only to pay for:
(1) The lease, purchase, or maintenance of emergency telephone equipment, including necessary computer hardware, software, and data base provisioning; addressing; and nonrecurring costs of establishing a 9-1-1 system; (2) The rates associated with the service supplier's 9-1-1 service and other service supplier's recurring charges; (3) The actual cost of salaries, including benefits, of employees hired by the local government solely for the operation and maintenance of the emergency 9-1-1 system and the actual cost of training such of those employees who work as dispatchers or who work as directors as that term is defined in Code Section 46-5-138.2; (4) Office supplies of the public safety answering points used directly in providing emergency 9-1-1 system services; (5) The cost of leasing or purchasing a building used as a public safety answering point. Moneys from the fund cannot be used for the construction or lease of an emergency 9-1-1 system building until the local government has completed its street addressing plan; (6) The lease, purchase, or maintenance of computer hardware and software used at a public safety answering point, including computer-assisted dispatch systems; (7) Supplies directly related to providing emergency 9-1-1 system services, including the cost of printing emergency 9-1-1 system public education materials; and (8) The lease, purchase, or maintenance of logging recorders used at a public safety answering point to record telephone and radio traffic. (g) All 9-1-1 systems and communication systems provided pursuant to this part shall conform to the two-step state plan governing 9-1-1 enhanced communications enhanced 9-1-1 service as follows: (1) In step one, the governing authority of a local government shall operate or contract for the operation of an emergency 9-1-1 system that provides or is capable of providing automatic number identification of a wireless telecommunications connection and the location of the base station or cell site which received a 9-1-1 call from a wireless telecommunications connection; and (2) In step two, the governing authority of a local government shall operate or contract for the operation of an emergency 9-1-1 system that provides or is capable of providing automatic number identification and automatic location of a wireless telecommunications connection. (h) The local government may contract with a service supplier for any term negotiated by the service supplier and the local government for an emergency 9-1-1 system and may make payments from the Emergency Telephone System Fund to provide any

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payments required by the contract, subject to the limitations provided by subsection (e) of this Code section. (i) The service supplier shall maintain records of the amount of the 9-1-1 charges and wireless enhanced 9-1-1 charges collected for a period of at least three years from the date of collection. The local government may, at its expense, require an annual audit of the service supplier's books and records with respect to the collection and remittance of the 9-1-1 charges and wireless enhanced 9-1-1 charges. (j) In order to provide additional funding for the local government for emergency 9-1-1 system purposes, the local government may receive federal, state, municipal, or private funds which shall be expended for the purposes of this part. (k) Subject to the provisions of Code Section 46-5-133, a telephone subscriber may be billed for the monthly 9-1-1 charge or wireless enhanced 9-1-1 charge for up to 18 months in advance of the date on which the 9-1-1 service system becomes fully operational. (l) In the event the local government is a federal military base providing emergency services to local exchange telephone subscribers residing on the base, a local exchange telephone service supplier is authorized to apply the 9-1-1 charges collected to the bill for 9-1-1 service rather than remit the funds to an Emergency Telephone System Fund.
(m)(1) Any local government collecting or expending any 9-1-1 charges or wireless enhanced 9-1-1 charges in any fiscal year beginning on or after July 1, 2005, shall file an annual report of its collections and expenditures in conjunction with the annual audit required under Code Section 36-81-7. The form shall be designed by the state auditor and shall be distributed to local governments administering such funds. The annual report shall require certification by the recipient local government and by the local government auditor that funds were expended in compliance with the expenditure requirements of this Code section. (2) Any local government which makes expenditures not in compliance with this Code section may be held liable for pro rata reimbursement to telephone and wireless telecommunications subscribers of amounts improperly expended. Such liability may be established in judicial proceedings by any aggrieved party. The noncompliant local government shall be solely financially responsible for the reimbursement and for any costs associated with the reimbursement. Such reimbursement shall be accomplished by the service suppliers abating the imposition of the 9-1-1 charges and 9-1-1 wireless enhanced 9-1-1 charges until such abatement equals the total amount of the rebate.
46-5-134.1. (a) This Code section shall apply in counties where the governing authorities of more than one local government have adopted a resolution to impose a wireless enhanced 91-1 charge in accordance with the provisions of subsection (a) of Code Section 46-5133 and notwithstanding any contrary provision of Code Section 46-5-133 or 46-5-134. (b) A wireless service supplier may certify to any of the governing authorities described in subsection (a) of this Code section that the wireless service supplier is

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unable to determine whether the billing addresses of its subscribers are within the geographic area that is served by such local government. Upon such certification, the wireless service supplier shall be authorized to collect the 9-1-1 charge for wireless enhanced 9-1-1 charge services from any of its subscribers whose billing address is within the county and is within an area that is as close as reasonably possible to the geographic area that is served by such local government. The wireless service supplier shall notify such subscribers that if such subscriber's billing address is not within the geographic area served by such local government, such subscriber is not obligated to pay the 9-1-1 charge for wireless enhanced 9-1-1 charge service. (c) Unless otherwise provided in an agreement among the governing authorities described in subsection (a) of this Code section, the charges collected by a wireless service supplier pursuant to this Code section shall be remitted to such governing authorities based upon the number of calls from wireless telecommunications connections that each such individual local government receives and counts relative to the total number of calls from wireless telecommunications connections that are received and counted by all of such local governments. (d) The authority granted to a wireless service supplier pursuant to this Code section shall terminate:
(1) On on the date that the wireless service supplier certifies to a governing authority described in subsection (a) of this Code section that the wireless service supplier is able to determine whether the billing addresses of its subscribers are within the geographic area that is served by such governing authority; or (2) On on the date which is 180 days from the date that any of its subscribers were first billed under this Code section, whichever is earlier. Upon termination of such authority, the wireless service supplier shall collect the 9-1-1 charge for wireless enhanced 9-1-1 charge service as provided in Code Section 46-5134.
46-5-134.2. (a) A 9-1-1 charge shall be imposed on all prepaid wireless service subscribed to by telephone subscribers as provided in this Code section. (b) A prepaid wireless service supplier shall:
(1) Charge and collect a fee in the amount of 3 percent of the wholesale price divided by .7 of each block of prepaid wireless service purchased by each telephone subscriber, whether such service is included with the initial purchase of a wireless telephone or other device or is recorded on a wireless telephone or other device by the purchase of a calling card, through an Internet transaction, by means of a wireless communication directly to the telephone subscriber's wireless telephone or other device, or by any other means; (2) Charge and collect a fee in the amount of 3 percent of the suggested retail price of each block of prepaid wireless service purchased by each telephone subscriber, whether such service is included with the initial purchase of a wireless telephone or other device or is recorded on a wireless telephone or other device by the purchase of

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a calling card, through an Internet transaction, by means of a wireless communication directly to the telephone subscriber's wireless telephone or other device, or by any other means; (3) Divide the total prepaid wireless service revenue earned and received in this state by such prepaid wireless service supplier in a calendar month by $50.00 and multiply the quotient by $1.50 to determine the amount of the fee to be paid to the department; (4) Charge and collect a fee in the amount of $1.50 from the account of each prepaid wireless service telephone subscriber who has a sufficient positive balance as of the last day of the month; or (5) Use any other method to charge and collect the fee; provided, however, that in no event shall the prepaid wireless service supplier charge and collect less than $1.50 per the average monthly amount of prepaid wireless service actually provided to a telephone subscriber. (c) A prepaid wireless service supplier shall indicate the method it elects to use pursuant to subsection (b) of this Code section on reports filed with the department and on receipts issued to the wholesale purchaser. (d) All fees provided for in this Code section shall be paid to the department. A prepaid wireless service supplier may pay all such fees it collects throughout this state in a single remittance. Such fees shall be remitted monthly to the department not later than the twentieth day of the month following the month in which they are collected. Any fee not paid in a timely manner shall accrue interest at the rate of 15 percent per annum, compounded daily, until the date they are paid. The department shall deposit all funds received into the general fund of the state treasury in compliance with Article 4 of Chapter 12 of Title 45, the 'Budget Act.' (e) The service supplier shall also provide the department with an accounting of such fees collected for each local government. Said accounting shall be in such a form as prescribed pursuant to the rules and regulations of the department. (f) The 9-1-1 Advisory Committee may, upon a majority vote of its members, audit or cause to be audited by the state auditor, or some other auditor agreed upon by a majority of the committee's members, the financial and business records of any service supplier to the extent necessary to ensure proper collection and remittances in accordance with this Code section. Failure of the service supplier to comply with an audit request shall result in a civil penalty of not more than $1,000.00 per day the service supplier refuses compliance. (g) There is created the Emergency 9-1-1 Assistance Fund to be administered by the department. It is the intention of the General Assembly, subject to the appropriation process, that an amount equal to the amount deposited into the general fund of the state treasury as provided in subsection (d) of this Code section be appropriated each year to the fund; provided, however, that any such funds unused at the end of each fiscal year shall lapse back into the state treasury as required by Article III, Section IX, Paragraph IV of the Constitution. (h) Any governmental entity which operates, is in the process of implementing, or is developing a plan for the implementation of a local, regional, or state-wide emergency

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9-1-1 system may apply to the department for and receive an assistance grant from the Emergency 9-1-1 Assistance Fund for the purchase or upgrade of equipment. The center may apply to the department for and receive a grant from the Emergency 9-1-1 Assistance Fund to provide professional training to directors, as the term is defined in Code Section 46-5-138.2. The agency may apply to the department for and receive a grant from the Emergency 9-1-1 Assistance Fund for the reasonable administrative costs of supporting the 9-1-1 Advisory Council as provided for in Code Section 46-5123. The department shall by rule or regulation provide for the application process and for the administration of the fund. Decisions on the issuance of assistance grants shall be made by the 9-1-1 Advisory Committee established by Code Section 46-5-123. (i) The department shall promulgate written rules and regulations to implement the provisions of this Code section.
46-5-135. A service supplier, including any telephone company providing telephone services and its employees, directors, officers, and agents, is not liable for any damages in a civil action for injuries, death, or loss to persons or property incurred by any person as a result of any act or omission of a service supplier or any of its employees, directors, officers, or agents, except for willful or wanton misconduct, either in connection with developing, adopting, implementing, maintaining, or operating any emergency 9-1-1 system or in the identification of the telephone number, address, or name associated with any person accessing an emergency 9-1-1 system.
46-5-136. (a) The governing authority of a local government by resolution shall create an advisory board consisting of the sheriff, representatives from other public safety agencies which respond to emergency calls under the 9-1-1 system, and other individuals knowledgeable of emergency 9-1-1 systems and the emergency needs of the citizens of the local government, provided that such advisory board shall not exceed 13 members. (b) The advisory board shall assist the local government in:
(1) Reviewing and analyzing the progress by public safety agencies in developing 91-1 system requirements; (2) Recommending steps of action to effect the necessary coordination, regulation, and development of a 9-1-1 system; (3) Identifying mutual aid agreements necessary to effect the 9-1-1 system; (4) Assisting in the promulgation of necessary rules, regulations, operating procedures, schedules, and other such policy and administrative devices as shall be deemed necessary and appropriate; and (5) Providing other services as may be deemed appropriate by the local government. (c) The members of the advisory board shall not be compensated from moneys deposited into the Emergency Telephone System Fund.

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46-5-137. This part shall not be construed as affecting the jurisdiction or powers of the Public Service Commission to establish rates, charges, or tariffs.
46-5-138. (a)(1) By proper resolution of the local governing bodies, an authority may be created and activated by: (A) Any two or more municipal corporations; (B) Any two or more counties; or (C) One or more municipal corporations and one or more counties. (2) The resolutions creating and activating a joint authority shall specify the number of members of the authority, the number to be appointed by each participating county or municipal corporation, their terms of office, and their residency requirements. (3) The resolutions creating and activating joint authorities may be amended by appropriate concurrent resolutions of the participating governing bodies.
(b) The public authority shall be authorized to contract with the counties or municipalities which formed the authority to operate an emergency 9-1-1 system for such local governments throughout the corporate boundaries of such local governments. Pursuant to such contracts, the local governments shall be authorized to provide funding to the authority from the Emergency Telephone System Fund, including the Wireless Phase I and Phase II Reserve Accounts, maintained by each local government. No authority shall be formed until each local government forming the authority has imposed a monthly 9-1-1 charge or a monthly wireless enhanced 9-1-1 charge. (c) Each authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this part, including, but without limiting the generality of the foregoing, the power:
(1) To bring and defend actions; (2) To adopt and amend a corporate seal; (3) To make and execute contracts and other instruments necessary to exercise the powers of the authority; (4) To receive and administer gifts, grants, and devises of any property; (5) To operate emergency call answering services for law enforcement, emergency management, fire, and emergency medical service agencies 24 hours a day, seven days a week, 365 days a year; (6) To acquire, by purchase, gift, or construction, any real or personal property desired to be acquired to operate the emergency 9-1-1 system; (7) To sell, lease, exchange, transfer, assign, pledge, mortgage, dispose of, or grant options for any real or personal property or interest therein for any such purposes; and (8) To mortgage, convey, pledge, or assign any properties, revenues, income, tolls, charges, or fees owned or received by the authority. (d) The authority shall elect a chairperson and such other officers as deemed necessary by the authority. The authority shall select a director who shall be responsible for establishing operating standards and procedures and overseeing the operations of the

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emergency 9-1-1 system. The director may be an employee working in the operation of the emergency 9-1-1 system. The authority shall be responsible for hiring, training, supervising, and disciplining employees working in the operation of the emergency 9-11 system. An appropriate number of full-time and part-time employees shall be hired to operate the emergency 9-1-1 system. The authority shall determine the compensation of such employees and shall be authorized to provide other employee benefits. The authority shall submit its annual budget and a report of its financial records to the local governments which created the authority. (e) The authority may contract with a service supplier in the same manner that local governments are so authorized under the provisions of this part. (f) Notwithstanding subsection (i) of Code Section 46-5-134, if the joint authority and each local governing body activating the joint authority certify to the service provider in writing prior to the end of the 18 month period in advance of the date on which the 91-1 service system was to have become fully operational that the system cannot be placed in operation on the date originally projected but that all parties are proceeding in a diligent and timely fashion to implement such service, the service provider shall continue to collect the monthly 9-1-1 charge for an additional period of 18 months or until the 9-1-1 service system becomes fully operational, whichever occurs first. (g) It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public purpose, and that the authority will shall be performing an essential governmental function in the exercise of the power conferred upon it by this Code section. This state covenants that the authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision, or upon its activities in the operation or maintenance of the buildings erected or acquired by it, or upon any fees, rentals, or other charges for the use of such buildings, or upon other income received by the authority. The exemption provided in this Code section shall include an exemption from state and local sales and use tax on property purchased by the authority for use exclusively by the authority.
46-5-138.1. (a) Notwithstanding any provision of paragraph (1) of subsection (a) of Code Section 46-5-134 to the contrary, where two or more counties, none of which offers emergency 9-1-1 system services on May 1, 1998, and any participating municipalities within such counties, if any, agree by intergovernmental contract to initiate or contract for the joint operation of an emergency 9-1-1 system for the first time after May 1, 1998, such local governments may impose a monthly 9-1-1 charge which exceeds $1.50 per exchange access facility telephone service but only so long as the following procedure is shall be followed:
(1) The participating local governments shall, with input from a local exchange telephone service supplier, prepare an estimated budget for the implementation of the

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joint emergency 9-1-1 system with costs limited to items eligible for funding through the Emergency Telephone System Fund; (2) An estimate of the revenue to be generated by the 9-1-1 charge authorized by paragraph (1) of subsection (a) of Code Section 46-5-134 during the first 18 months of collection shall be prepared; (3) If the total amount necessary for implementation of the emergency 9-1-1 system in paragraph (1) of this subsection exceeds the estimated revenue from imposition of the 9-1-1 charge specified in paragraph (2) of this subsection, the monthly 9-1-1 charge per exchange access facility telephone service may be increased on a pro rata basis during the first 18 months of collection to the extent necessary to provide revenue sufficient to pay the amount specified in paragraph (1) of this subsection, but in no case shall such monthly charge be greater than $2.50 per exchange access facility telephone service. Notwithstanding subsection (i) of Code Section 46-5-134, if each local governing body which is a party to an intergovernmental contract certifies to the service provider in writing prior to the end of the 18 month period in advance of the date on which the 9-1-1 service system was to have become fully operational that the system cannot be placed in operation on the date originally projected but that all parties are proceeding in a diligent and timely fashion to implement such service, the service provider shall continue to collect the monthly 9-1-1 charge for an additional period of 18 months or until the 9-1-1 service system becomes fully operational, whichever occurs first; and (4) Such local governments shall comply with the requirements of Code Section 465-133 which relate to the imposition of a monthly 9-1-1 charge. Nothing in this subsection shall be construed to authorize the imposition of any charge upon a wireless telecommunications connection service. Except as otherwise provided in this subsection, the requirements of Code Section 46-5-134 which relate to monthly 9-1-1 charges on exchange access facilities telephone services shall apply to charges imposed pursuant to this subsection. (b) The increased monthly 9-1-1 charge authorized by subsection (a) of this Code section shall also be available to any joint 9-1-1 authority created pursuant to Code Section 46-5-138 after May 1, 1998.
46-5-138.2. (a) As used in this Code Section, the term 'director' means any person having direct operational control of a public safety answering point, any person who has as part of his or her duties supervisory responsibility for one or more communication officers or other employees who answer 9-1-1 calls received by a public safety answering point, or any person who has system management responsibility for the public safety answering point. (b) In addition to any training required under federal or state law, any persons serving as a director may enroll in, attend, and complete satisfactorily a course of training and instruction. The course of instruction for directors shall be developed and made available by the center."

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SECTION 3. Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to refine definitions for purposes of conformity, is amended by revising paragraph (2) of Code Section 46-5-221, relating to definitions, as follows:
"(2) 'VoIP' means voice over Internet protocol Voice over Internet Protocol services offering real time multidirectional voice functionality utilizing any Internet protocol."

SECTION 4. Said chapter is further amended by revising paragraph (4) of Code Section 46-5-231, relating to definitions, as follows:
"(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 Voice over Internet Protocol service."

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce E Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B

Y Dempsey Y Dickson
Dollar Y Drenner E Dukes
Ehrhart Y England Y Epps Y Everson Y Fleming
Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman
Gardner Y Geisinger Y Glanton
Golick

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T
Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton

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Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
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 Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese E Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix E 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 497. By Representatives Sheldon of the 105th, Cox of the 102nd, Cooper of the 41st, Coan of the 101st, Roberts of the 154th and others:

A BILL to be entitled an Act to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to provide for prebirth surrender of rights for a biological father to a child being placed for adoption; to provide for the dissolution of surrender rights signed by the birth mother if the biological father legitimates the child and the adoption is not granted; to clarify the authority of a birth mother to sign either a voluntary acknowledgment of legitimation or of paternity following her execution of a surrender of parental rights in support of an adoption of the same child; 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:

Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden
Beasley-Teague

Y Dempsey Y Dickson Y Dollar Y Drenner E Dukes Y Ehrhart Y England

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson

Y Martin Maxwell
Y May McCall
Y McKillip Y Meadows Y Millar

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp
Sims, B

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1657

Y Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce E Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R
Davis, H Y Davis, S Y Day

Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
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 Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin

Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese E Rice Y Roberts Y Rogers Y Royal Y Rynders N Sailor Y Scott, A

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

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

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

Representative Sims of the 119th 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:

SB 200. By Senators Grant of the 25th and Thompson of the 33rd:

A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for a

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comprehensive program for the creation of infrastructure development districts; 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.
SB 243. By Senator Unterman of the 45th:
A BILL to be entitled an Act to amend Title 21 of the O.C.G.A., relating to elections and ethics, so as to substantially revise Chapter 5, the "Ethics in Government Act"; to change numerous provisions relating to the State Ethics Commission, campaign contributions and campaign finance disclosure, public official and candidate personal financial disclosures, and lobbyist regulation and disclosure; to define and redefine terms; to change provisions relating to the composition and operations of the commission; to provide for annual ethics training by the commission and require completion of training by certain elected officials and public officers; to change provisions relating to permissible and impermissible campaign contributions and expenditure and the reporting thereof; to provide for centralized electronic filing of reports; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 264. By Representatives Millar of the 79th, Willard of the 49th, Geisinger of the 48th and Wilkinson of the 52nd:
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 definitions; to provide for legislative intent; 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.
The following Committee substitute was read and adopted:
A BILL

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1659

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 definitions; to provide for legislative intent; 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2A of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the homestead option sales and use tax, is amended by revising Code Section 48-8-101, relating to definitions, to read as follows:
"48-8-101. As used in this article, the term:
(1) 'Ad valorem taxes for county purposes' means any and all ad valorem taxes for county maintenance and operation purposes levied by, for, or on behalf of the county, excluding taxes to retire general obligation bonded indebtedness of the county. (2) 'Existing municipality' means a municipality created prior to January 1, 2007, lying wholly within or partially within a county. (3) 'Homestead' means homestead as defined and qualified in Code Section 48-5-40, with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence. (4) 'Qualified municipality' means a municipality created on or after January 1, 2007, lying wholly within or partially within a county."
SECTION 2. Said article is further amended by adding a new Code section to read as follows:
"48-8-101.1. It is the intent of the General Assembly that the proceeds of the homestead option sales and use tax be distributed equitably to the counties and qualified municipalities such that the residents of a new incorporated municipality will continue to receive a benefit from that tax substantially equal to the benefit they would have received if the area covered by the municipality had not incorporated. The provisions of this article shall be liberally construed to effectuate such intent."
SECTION 3. Said article is further amended by revising Code Section 48-8-104, relating to administration and disbursement of homestead option sales and use tax proceeds, as follows:
"48-8-104. (a) The sales and use tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of each county

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whose geographical boundary is conterminous with that of a special district. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state. Dealers shall be allowed a percentage of the amount of the sales and use tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50. (b) Each sales and use tax return remitting sales and use taxes collected under this article shall separately identify the location of each retail establishment at which any of the sales and use taxes remitted were collected and shall specify the amount of sales and the amount of taxes collected at each establishment for the period covered by the return in order to facilitate the determination by the commissioner that all sales and use taxes imposed by this article are collected and distributed according to situs of sale. (c) The proceeds of the sales and use tax collected by the commissioner in each special district under this article shall be disbursed as soon as practicable after collection as follows:
(1) One percent of the amount collected shall be paid into the general fund of the state treasury in order to defray the costs of administration; (2) Except for the percentage provided in paragraph (1) of this subsection and the amount determined under subsections (d) and (e) of this Code section, the remaining proceeds of the sales and use tax shall be distributed to the governing authority of the county whose geographical boundary is conterminous with that of the special district; provided, however, that a county and any qualified municipality shall be authorized by intergovernmental agreement to waive the equalization amount otherwise required under subsections (d) and (e) of this Code section and provide for a different distribution amount. In the event of such waiver, except for the percentage provided in paragraph (1) of this subsection, the remaining proceeds of the sales and use tax shall be distributed to the governing authority of the county whose geographical boundary is conterminous with that of the special district. As a condition precedent for the authority to levy the sales and use tax or to collect any proceeds from the tax authorized by this article for the year following the first complete calendar year in which it is levied and for all subsequent years except the year following the year in which the sales and use tax is terminated under Code Section 48-8-106, the county whose geographical boundary is conterminous with that of the special district shall, except as otherwise provided in subsection (c) of Code Section 48-8-102, expend such proceeds as follows:
(A) A portion of such proceeds shall be expended for the purpose of funding capital outlay projects as follows:
(i) The governing authority of the county whose geographical boundary is conterminous with that of the special district shall establish the capital factor

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1661

which shall not exceed .200 and, for a county in which a qualified municipality is located, shall not be less than the level required by subsection (d) of this Code section; therefore, at a minimum, the county shall set the capital factor at a level that yields an amount of capital outlay proceeds that is equal to or greater than the sum of all equalization amounts due qualified municipalities and existing municipalities under subsection (e) of this Code section; and (ii) Capital outlay projects shall be funded in an amount equal to the product of the capital factor multiplied by the net amount of the sales and use tax proceeds collected under this article during the previous calendar year, and this amount shall be referred to as capital outlay proceeds in subsections (d) and (e) of this Code section; (B) A portion of such proceeds shall be expended for the purpose of funding services within the special district equal to the revenue lost to the homestead exemption as provided in Code Section 48-8-104 this Code section as follows: (i) The homestead factor shall be calculated by multiplying the quantity 1.000 minus the capital factor times an amount equal to the net amount of sales and use tax collected in the special district pursuant to this article for the previous calendar year, and then dividing by the taxes levied for county purposes on only that portion of the county tax digest that represents net assessments on qualified homestead property after all other homestead exemptions have been applied, rounding the result to three decimal places; (ii) If the homestead factor is less than or equal to 1.000, the amount of homestead exemption created under this article on qualified homestead property shall be equal to the product of the homestead factor multiplied times the net assessment of each qualified homestead remaining after all other homestead exemptions have been applied; and (iii) If the homestead factor is greater than 1.000, the homestead exemption created by this article on qualified homestead property shall be equal to the net assessment of each homestead remaining after all other homestead exemptions have been applied; and (C) If any of such proceeds remain following the distribution provided for in subparagraphs (A) and (B) of this paragraph and subsections (d) and (e) of this Code section: (i) The millage rate levied for county purposes shall be rolled back in an amount equal to such excess divided by the net taxable digest for county purposes after deducting all homestead exemptions including the exemption under this article; and (ii) In the event the rollback created by division (i) of this subparagraph exceeds the millage rate for county purposes, the governing authority of the county whose boundary is conterminous with the special district shall be authorized to expend the surplus funds for funding all or any portion of those services which are to be provided by such governing authorities pursuant to and in accordance with Article IX, Section II, Paragraph III of the Constitution of this state.

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(d)(1) The commissioner shall distribute to the governing authority of each qualified municipality located in the special district a share of the capital outlay proceeds calculated as provided in this subsection and subsection (e) of this Code section which proceeds shall be expended for the purpose of funding capital outlay projects of such municipality. (2) Both the tax commissioner and the governing authority for the county in which a qualified municipality is located shall cooperate with and assist the commissioner in the calculation of the equalization amounts under subsection (e) of this Code section and shall, on or before July 1 of each year, provide to the commissioner and the governing authority of each qualified municipality written certification of the following:
(A) The capital factor set by the county for the current calendar year; provided, however, that the capital factor may not exceed 0.200; (B) The total amount, if any, due to be paid to existing municipalities from the capital outlay proceeds as required by any intergovernmental agreement between the county and such municipalities; (C) The incorporated county millage rate in each qualified municipality; (D) The net homestead digest for each qualified municipality; (E) The total homestead digest; and (F) The unincorporated county millage rate. If the tax commissioner and the governing authority of the county fail to provide such certification on or before July 1, the commissioner shall not distribute to such county any additional proceeds of the sales and use tax collected after July 1 unless and until such certification is provided. (3) The commissioner shall then calculate the equalization amount due each qualified municipality based on the certifications provided by the tax commissioner and the governing authority of the county and pay such amount to the governing authority of each qualified municipality in six equal monthly payments as soon as practicable during or after each of the last six months of the current calendar year. In the event an existing municipality that has entered into an intergovernmental agreement with a county at any time before January 1, 2007, to receive capital outlay proceeds of the homestead option sales and use tax and such intergovernmental agreement has become or does become null and void for any reason, such existing municipality shall be treated under this article the same as if it were a qualified municipality as defined in paragraph (4) of Code Section 48-8-101and therefore receive payment of equalization amounts under this article as provided for under this article. The commissioner shall distribute to the governing authority of the county each month the net sales and use tax remaining after payment of equalization amounts to the qualified municipalities. (e)(1) As used in this subsection, the term:
(A) 'Equalization amount' means for a qualified municipality the product of the equalization millage times the net homestead digest for that qualified municipality.

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(B) 'Equalization millage' means for each qualified municipality the product of the homestead factor calculated pursuant to division (c)(2)(B)(i) of this Code section times the difference between the unincorporated county millage rate and the incorporated county millage rate for that qualified municipality. (C) 'Incorporated county millage rate' means the millage rate for all ad valorem taxes for county purposes levied by the county in each of the qualified municipalities in the county. (D) 'Net homestead digest' means for each qualified municipality the total net assessed value of all qualified homestead property located in that portion of the qualified municipality located in the county remaining after all other homestead exemptions are applied. (E) 'Total homestead digest' means the total net assessed value of all qualified homestead property located in the county remaining after all other homestead exemptions are applied. (F) 'Unincorporated county millage rate' means the millage rate for all ad valorem taxes for county purposes levied by the county in the unincorporated areas of the county. (2) For illustration purposes, a hypothetical example of the calculation of the equalization amount is provided below.
First, calculate the homestead factor in accordance with division (c)(2)(B)(i) of this Code section as follows:

(A) Capital factor certified by county as required by subsection (d) of this Code section

0.150

(B) Net amount of sales and use tax collected in the special district pursuant to this article for the previous calendar year

$ 50 million

(C) Taxes levied for county purposes on only that portion of the county tax digest that represents net assessments on qualified homestead property after all other homestead exemptions have been applied

$100 million

(D) Calculation of homestead factor using figures above

.425

= [(1-.0150)($50 million/$100 million)]

Next, calculate the equalization amount in accordance with paragraph (1) of this subsection as follows:

(E) Unincorporated county millage rate
(F) Minus the incorporated county millage rate for qualified municipality 'Y'

15.0 mills (10.0 mills)

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Difference:

= 5.0 mills

(G) Times homestead factor (calculated above)

x .425

(H) Equals the equalization millage:

= 2.125 mills

(I) Times net homestead digest for qualified municipality 'Y'

$200 million

(J) Equals the equalization amount payable to municipality 'Y'

$ 425,000.00

(3) In the event the total amount payable in a calendar year to all existing

municipalities as certified by the county pursuant to subparagraph (d)(2)(B) of this

Code section plus the total equalization amount payable to all qualified municipalities

in the special district exceeds the capital outlay proceeds calculated based on a

maximum capital factor of 0.200, the commissioner shall pay to the governing

authority of each qualified municipality a share of such proceeds calculated as

follows:

(A) Determine the capital outlay proceeds based on a maximum capital factor of

0.200; (B) Subtract the amount certified by the county as payable to existing municipalities pursuant to subparagraph (d)(2)(B) of this Code section; (C) The remaining amount equals the portion of the capital outlay proceeds that may be used by the commissioner to pay equalization amounts to qualified

municipalities.

The commissioner shall calculate each qualified municipality's share of such

remaining amount by dividing the net homestead digest for each qualified

municipality by the total homestead digest for all municipalities.

(4) In the event the incorporated county millage rate for a qualified municipality is

greater than the unincorporated county millage rate, no payment shall be due from the

governing authority of the qualified municipality to the governing authority of the

county.

(5) In the event the amount of capital outlay proceeds exceeds the sum of the

equalization amounts due all qualified municipalities plus the total amount certified

under subparagraph (d)(2)(B) of this Code section as due all existing municipalities,

the commissioner shall distribute to each qualified municipality a portion of such

excess equal to the net homestead digest for such municipality divided by the total

homestead digest.

(6) If any qualified municipality is located partially in the county then only that

portion so located shall be considered in the calculations contained in this subsection."

SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

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

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

Abdul-Salaam N Abrams Y Amerson Y Ashe Y Barnard Y Bearden N Beasley-Teague N Benfield Y Benton Y Black Y Bridges N Brooks N Bruce E Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M N Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson Y Dollar
Drenner E Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin N Frazier Y Freeman
Gardner Y Geisinger N Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K E Heckstall Y Hembree N Henson E Hill, C Y Hill, C.A Y Holmes

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

Y Martin Y Maxwell Y May
McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby Y Mumford N Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake N Porter Y Powell Y Pruett Y Ralston N Randall Y Reece Y Reese E Rice Y Roberts Y Rogers Y Royal Y Rynders N Sailor Y Scott, A

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

On the passage of the Bill, by substitute, the ayes were 125, nays 38.

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

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Representative Jones of the 44th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.
HB 327. By Representatives Williams of the 178th, Roberts of the 154th, Lane of the 167th, Keen of the 179th, May of the 111th and others:
A BILL to be entitled an Act to amend Article 7 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to setoff debt collection, so as to authorize a setoff of certain debts owed to public housing authorities; to change certain provisions relating to definitions; to provide for procedures, conditions, and limitations; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Article 7 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to setoff debt collection, so as to authorize a setoff of certain debts owed to public housing authorities; to change certain provisions relating to definitions; to provide for procedures, conditions, and limitations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 7 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to setoff debt collection, is amended in Code Section 48-7-161 relating to definitions relative to the setoff of debt collection, by revising paragraph (1) as follows:
"(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 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;

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(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 who is in the legal custody of the department; (G) The State Board of Pardons and Paroles with respect to restitution imposed on a person convicted of a crime and subject to the jurisdiction of the board; and (H) The Department of Juvenile Justice with respect to restitution imposed on a juvenile for a delinquent act which would constitute a crime if committed by an adult; and (I) 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. Said article is further amended by adding a new Code section to read as follows:
"48-7-171. (a) Except as otherwise provided in this Code section, all procedures and requirements of this article shall apply with respect to public housing authorities. (b) Public housing authorities may submit for collection under the procedure established by this Code section all delinquent debts which they are owed. (c) All public housing authorities, whenever possible, shall obtain the full name, social security number, address, and any other identifying information, required by regulations promulgated by the department for implementation of this Code section, from any person for whom the public housing authorities provide any service or transact any business and who the public housing authorities can foresee may become a debtor under the terms of this Code section. (d) A debtor who protests the debt shall file a written protest with the claimant agency at the address provided in the public housing authority's notification of intention to set off. The protest must be filed within 30 days of the date of the notice of intention to set off and must contain the debtor's name, address, and tax identification number, identify the type of debt in dispute, and give a detailed statement of all the reasons that support the protest. The requirements of this subsection are jurisdictional. (e) To recover costs incurred by the department pursuant to this subsection, an administrative fee, not to exceed $25.00, shall be added to the debt by the public housing authority. (f) Before submitting a debt to the department, the public housing authority shall appoint a hearing officer to hear a protest of a debtor. This hearing officer is vested with the authority to decide a protest in favor of either the debtor or the public housing authority. The public housing authority shall certify to the department, on a form prescribed by the department, that a hearing officer has been appointed and shall inform

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the department of the name, address, and telephone number of the hearing officer. If this hearing officer is unable to serve at any time, the public housing authority shall appoint another hearing officer. (g) Upon receipt of a notice of protest, the public housing authority shall notify the department that a protest has been received and shall hold an informal hearing at which the debtor may present evidence, documents, and testimony to dispute the debt. The public housing authority shall notify the debtor of the date, time, and location of the informal hearing. At the conclusion of the informal hearing the officer shall render his or her determination. Upon receipt of a sworn certification from the hearing officer that he or she held an informal hearing and ruled in favor of the public housing authority, the department may proceed to collect the delinquent debt regardless of a subsequent appeal by the debtor. (h) A debtor may seek relief from the hearing officer's determination by requesting, within 30 days of the determination, a contested case hearing before an administrative law judge. A request for a hearing before an administrative law judge must be made in accordance with the rules of said judges. (i) If a portion of the delinquent debt is collected by the department and the determination of the hearing officer in favor of the public housing authority is later reversed or the debtor prevails in a claim for refund, the public housing authority shall refund the appropriate amount to the taxpayer, including the appropriate amount of the fee. That portion of the refund reflecting the department's fee must be paid from public housing authority funds. If the public housing authority is found to be entitled to a portion of an amount collected by set off, it is not required to refund the setoff fee retained by the department. (j) If a refund is retained in error, the public housing authority shall pay to the taxpayer interest calculated as provided in Code Section 48-2-35 from the date provided by law after which interest is paid on refunds until the appeal is final. (k) If the public housing authority determines that money has been erroneously or illegally collected, the public housing authority, in its discretion, may issue a refund, even if the debtor does not file a protest or file a claim for refund. (l) A collection may not be contested more than one year after the date it was made. The date of collection must be conclusively determined by the department. This provision shall be construed as a statute of repose and not as a statute of limitation. (m) A debtor may make a claim for refund of an amount collected pursuant to this Code section within one year from the date the amount is collected, in the same manner as seeking relief from a hearing officer's determination pursuant to this Code section. (n) This Code section does not create a right to jury trial where one does not already exist. When a debtor otherwise is entitled to have a jury determine the issue of indebtedness, that right is preserved specifically. If a right to a jury trial already exists and the debtor wishes to exercise that right, the debtor is not required to request a contested case hearing before an administrative law judge but instead must file in the appropriate superior court and serve the pleadings on the public housing authority within 30 days from the date of the hearing officer's determination. The complaint

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must name the public housing authority as a defendant and the allegations of the complaint must contest the debt and any potential setoff. (o) Public housing authorities shall indemnify the department against any injuries, actions, liabilities, or proceedings arising from performance under the provisions 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden N Beasley-Teague Y Benfield Y Benton Y Black Y Bridges N Brooks
Bruce E Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas
Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier Y Freeman
Gardner Y Geisinger Y Glanton Y Golick Y Gordon E Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K E Heckstall Y Hembree
Henson E Hill, C Y Hill, C.A Y Holmes

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

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese E Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

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

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On the passage of the Bill, by substitute, the ayes were 157, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Heard of the 114th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 664. By Representatives Levitas of the 82nd, Mitchell of the 88th and Henson of the 87th:
A RESOLUTION commending the Tucker High School Tigers boys varsity basketball team 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 Bill of the House was taken up for consideration and read the third time:
HB 332. By Representatives Coleman of the 97th, Millar of the 79th, Hembree of the 67th, Jones of the 46th, Maxwell of the 17th 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 delay the implementation of certain maximum class size requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following amendment was read:
Representative Coleman of the 77th moves to amend HB 332 by striking lines 3 and 4 of page 1 and inserting in lieu thereof:
Education Act," so as to provide that each local board of education may set maximum class sizes for high school general education programs under certain conditions; to provide for related matters; to repeal conflicting laws; and for other
By striking "and subsection (k)" on line 10 of page 1.
By striking line 20 of page 1 through line 9 of page 2 and inserting in lieu thereof:

TUESDAY, MARCH 27, 2007

1671

of Education. For each instructional program covered under this paragraph, the maximum number of students who may be taught by a teacher in an instructional period shall not exceed the system average maximum class size for the program by more than two students; provided, however, that a system average maximum class size which results in a fractional full-time equivalent shall be rounded up to the nearest whole number; provided, however, that this provision shall not apply to general education programs in mathematics, science, social studies, and language arts for grades 9 through 12. Beginning with the 2007-2008 school year, each local board of education shall be allowed to exceed maximum class sizes set by the state board pursuant to this paragraph for general education programs in mathematics, science, social studies, and language arts for grades 9 through 12 and may establish such maximum class sizes that shall not exceed the funding class size by more than 40 percent and shall annually report to the state board and to each school council in its school system such class sizes established. For a period not to exceed seven years, beginning with the 2000-2001 school year, local school systems shall be allowed to exceed the maximum class sizes set forth in this subsection in a manner consistent with State Board of Education rules and subsection (k) of this Code section, except for those programs included in paragraph (1) of this subsection beginning with the 2006-2007 school year. The State Board of Education shall lower the current maximum class sizes set by state board rules in effect for the 1999-2000 school year, beginning with the 2000-2001 school year, by an amount so that, beginning with the 2007-2008 school year, State Board of Education rules are in compliance with this subsection; provided, however, that this shall not apply to the programs included in paragraph (1) of this subsection beginning with the 2006-2007 school year."

By striking lines 10 through 30 of page 2.

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

N Abdul-Salaam N Abrams Y Amerson N Ashe Y Barnard Y Bearden N Beasley-Teague N Benfield
Benton N Black Y Bridges N Brooks N Bruce N Bryant N Buckner Y Burkhalter Y Burns

Y Dempsey Y Dickson Y Dollar N Drenner E Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin N Frazier Y Freeman

Y Holt Y Horne Y Houston N Howard N Hudson N Hugley N Jackson Y Jacobs N James N Jamieson N Jenkins Y Jerguson N Johnson, C E Johnson, T Y Jones, J N Jones, S N Jordan

Y Martin Y Maxwell Y May Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell
Morgan Y Morris N Mosby Y Mumford N Murphy Y Neal Y Nix N Oliver

Y Scott, M Y Sellier N Setzler N Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre N Stanley-Turner

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Y Butler Y Byrd N Carter, A Y Carter, B Y Casas Y Chambers Y Channell N Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M N Crawford, R N Davis, H Y Davis, S Y Day

N Gardner Y Geisinger N Glanton Y Golick N Gordon Y Graves N Greene Y Hamilton N Hanner Y Harbin N Hatfield Y Heard, J N Heard, K E Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holmes

N Kaiser Y Keen Y Keown Y Knight Y Knox N Lakly Y Lane, B Y Lane, R N Levitas Y Lewis N Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham Y Manning N Marin

Y O'Neal Y Parham Y Parrish E Parsons Y Peake N Porter
Powell Y Pruett Y Ralston N Randall N Reece Y Reese E Rice Y Roberts Y Rogers Y Royal
Rynders N Sailor Y Scott, A

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

On the adoption of the amendment, the ayes were 100, nays 68.

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:

N Abdul-Salaam N Abrams Y Amerson N Ashe Y Barnard Y Bearden N Beasley-Teague N Benfield Y Benton N Black Y Bridges N Brooks N Bruce Y Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd N Carter, A Y Carter, B Y Casas

Y Dempsey Y Dickson Y Dollar N Drenner E Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin N Frazier Y Freeman N Gardner Y Geisinger N Glanton Y Golick N Gordon

Y Holt Y Horne Y Houston N Howard N Hudson N Hugley N Jackson Y Jacobs N James N Jamieson N Jenkins Y Jerguson N Johnson, C E Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox

Y Martin Y Maxwell Y May Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell
Morgan Y Morris
Mosby Y Mumford N Murphy Y Neal Y Nix N Oliver Y O'Neal N Parham Y Parrish E Parsons Y Peake

Y Scott, M Y Sellier N Setzler N Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre N Stanley-Turner N Starr
Stephens N Stephenson Y Talton N Teilhet

TUESDAY, MARCH 27, 2007

1673

Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M N Crawford, R N Davis, H Y Davis, S Y Day

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

N Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis N Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham Y Manning Y Marin

N Porter Y Powell Y Pruett Y Ralston N Randall N Reece Y Reese E Rice Y Roberts Y Rogers Y Royal
Rynders N Sailor Y Scott, A

N Thomas, A.M N Thomas, B Y Tumlin Y Walker N Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, M Y Williams, R N Wix E Yates
Richardson, Speaker

On the passage of the Bill, as amended, the ayes were 104, nays 64.

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

Representative Marin of the 96th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Ehrhart of the 36th moved that the following Bill of the House be withdrawn from the Rules Calendar and recommitted to the Committee on Rules:

HB 226. By Representatives Ralston of the 7th, Willard of the 49th and Burkhalter of the 50th:

A BILL to be entitled an Act to amend Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving obscenity in general, so as to strike existing provisions relating to criminal distribution and dissemination of obscene materials and insert new provisions relating to the same subject; to define the nature of the offense, define terms, provide an affirmative defense, and provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

The motion prevailed.

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

Mr. Speaker:

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JOURNAL OF THE HOUSE

The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 73. By Senators Shafer of the 48th, Hudgens of the 47th and Moody of the 56th:
A BILL to be entitled an Act to amend Article 3 of Chapter 20A of Title 33 of the Official Code of Georgia Annotated, relating to managed health care plans, so as to provide for continued access to care for all managed health care plan enrollees subsequent to the termination of physician and facility contracts; to provide definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 102. By Senators Balfour of the 9th, Unterman of the 45th, Rogers of the 21st, Williams of the 19th and Henson of the 41st:
A BILL to be entitled an Act to amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to licensure and regulation of chiropractors, so as to define and redefine certain terms; to change provisions relative to the scope of practice of chiropractors; to change the criminal penalties for unlicensed practice of chiropractic; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 109. By Senators Hudgens of the 47th, Shafer of the 48th, Brown of the 26th, Hawkins of the 49th, Thomas of the 54th 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 certain definitions; to include plan administrators in prompt pay requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 113. By Senators Shafer of the 48th, Hudgens of the 47th and Moody of the 56th:
A BILL to be entitled an Act to amend Article 1 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to agents, agencies, subagents, counselors, and adjusters, so as to provide for background checks; to require appointment of an agent by an authorized insurer before licensing; to provide for forms for license applications; to provide for appointment of limited subagents; to prohibit agents whose licenses are inactive from selling, soliciting, or negotiating insurance; to provide for rules and regulations for certain adjusters; to provide for related matters; to repeal conflicting laws; and for other purposes.

TUESDAY, MARCH 27, 2007

1675

SB 125. By Senators Chance of the 16th, Staton of the 18th, Whitehead, Sr. of the 24th, Reed of the 35th, Heath of the 31st and others:
A BILL to be entitled an Act to amend Article 9 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to speed restrictions, so as to specify that instruments charging violations of speed regulations shall state whether the violation occurred on a two-lane road or highway; to provide for additional penalties to be administered by the Department of Driver Services for certain traffic offenses; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 210. By Senators Hooks of the 14th, Johnson of the 1st, Shafer of the 48th and Harbison of the 15th:
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 authorize the Secretary of State to designate and establish facilities occupied by a government agency as a branch depository under certain circumstances; to provide that the Division of Archives and History shall own and operate any equipment necessary to manage and retain control of electronic archival records but may contract with third parties for services related to the management of such records; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 234. By Senators Cowsert of the 46th, Meyer von Bremen of the 12th, Adelman of the 42nd, Smith of the 52nd, Harp of the 29th and others:
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 Secretary of State to collect a filing fee for certificates of conversion filed when a Georgia corporation, Georgia limited partnership, or Georgia limited liability company converts to a foreign corporation, foreign limited partnership, or foreign limited liability company, respectively; to provide that a certificate of conversion be filed with the Secretary of State to evidence a conversion; to allow a copy of a certificate of conversion be filed with the clerk of the superior court in any county in which a converting entity owns property; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 235. By Senators Grant of the 25th and Seabaugh of the 28th:
A BILL to be entitled an Act to amend Code Section 42-5-35 of the Official Code of Georgia Annotated, relating to the conferral of police powers by the

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commissioner of the Department of Corrections, so as to provide that certified correctional employees of the Department of Corrections who leave the department under certain conditions may retain their badges; to repeal conflicting laws; and for other purposes.

The Speaker announced the House in recess until 6:45 o'clock, this evening.

The Speaker called the House to order.

The following supplemental Rules Calendar was read and adopted:

HOUSE SUPPLEMENTAL RULES CALENDAR TUESDAY, MARCH 27, 2007

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 2 HB 419
HB 599

Fair Annexation Act; enact (Substitute)(GAff-Holt-112th) Commercial drivers' licenses; definitions; issuance; provisions (JudyNCFloyd-147th) Juvenile proceedings; adoption; provisions (Substitute)(JudyNC-Lane167th)

Modified Open Rule

HB 226

Obscenity crimes; distribution of obscene materials; insert new provisions (Substitute)(JudyNC-Ralston-7th)

Modified Structure Rule

HB 232 HB 254 HB 337

Georgia Development Impact Fee Act; change definitions; provisions (Substitute)(GAff-Lindsey-54th) Limited driving permits; certain offenders; allow issuance (MotV-Roberts154th) New institutional health service; revise definition (SCCON-Graves-12th)

TUESDAY, MARCH 27, 2007

1677

Structured Rule

HB 222 HB 413 HB 445 HB 451 HB 463 HB 486

County tax commissioners; purchasing certain property; prohibit (Substitute)(W&M-Mitchell-88th) Sales and use tax; joint county and municipal; change certain provisions (Substitute)(W&M-Martin-47th) Bona fide conservation use property; buffers adjacent to rivers; change certain provisions (Substitute)(W&M-Royal-171st) Georgia Tourism Development Act; enact (Substitute)(W&M-Lewis-15th) Soil erosion and sedimentation; exemptions; change certain provisions (Substitute)(NR&E-McCall-30th) County tax commissioners; compensation; additional duties; change certain provisions (Substitute)(W&M-Willard-49th)

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

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

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

HB 419. By Representatives Floyd of the 147th, Rice of the 51st, Powell of the 29th and Bearden of the 68th:

A BILL to be entitled an Act to amend Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to commercial drivers licenses, so as to provide for definitions of certain terms; to change provisions relating to issuance of commercial drivers licenses and permits; to provide for expiration of commercial drivers licenses; to provide for disqualifications, revocations, and suspensions of commercial drivers licenses; to provide penalties for violations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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

Abdul-Salaam Y Abrams Y Amerson

Y Dempsey Y Dickson
Dollar

Y Holt Horne Houston

Y Martin Y Maxwell
May

Y Scott, M Y Sellier
Setzler

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JOURNAL OF THE HOUSE

Y Ashe Y Barnard
Bearden Y Beasley-Teague Y Benfield Y Benton Y Black
Bridges Y Brooks
Bruce Y Bryant
Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas
Coan Cole Y Coleman Y Collins Cooper Y Cox Crawford, M Y Crawford, R Y Davis, H Davis, S Y Day

Y Drenner E Dukes
Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster
Franklin Frazier Freeman Y Gardner Y Geisinger Y Glanton Y Golick Gordon Graves Y Greene Y Hamilton Y Hanner Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

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

McCall Y McKillip Y Meadows
Millar Mills Y Mitchell Morgan Morris Y Mosby Mumford Y Murphy Y Neal Y Nix Oliver Y O'Neal Y Parham Y Parrish E Parsons Y Peake Porter Y Powell Y Pruett Ralston Randall Y Reece Reese E Rice Y Roberts Rogers Y Royal Rynders Sailor Y Scott, A

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

On the passage of the Bill, the ayes were 117, nays 0.

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

Representatives Reese of the 98th and Smith of the 131st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 226. By Representatives Ralston of the 7th, Willard of the 49th and Burkhalter of the 50th:

A BILL to be entitled an Act to amend Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving obscenity in general, so as to strike existing provisions relating to criminal distribution and dissemination of obscene materials and insert new provisions relating to the same subject; to define the nature of the offense, define terms,

TUESDAY, MARCH 27, 2007

1679

provide an affirmative defense, and provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL
To amend Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving obscenity in general, so as to strike in its entirety existing provisions relating to criminal distribution and dissemination of obscene materials and insert new provisions relating to the same subject; to define the nature of the offense, define terms, provide an affirmative defense, and 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. Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving obscenity in general, is amended by striking in its entirety Code Section 16-12-80, relating to criminal distribution and dissemination of obscene materials, and inserting in its place a new Code Section 16-12-80 to read as follows:
"16-12-80. (a) A person commits the offense of distributing obscene material when he or she sells, lends, rents, leases, gives, advertises, publishes, exhibits, or otherwise disseminates to any person any obscene material of any description, knowing the obscene nature thereof, or offers to do so, or possesses such material with the intent to do so, provided that the word 'knowing,' as used in this Code section, shall be deemed to be either actual or constructive knowledge of the obscene contents of the subject matter; and a person has constructive knowledge of the obscene contents if he or she has knowledge of facts which would put a reasonable and prudent person on notice as to the suspect nature of the material; provided, however, that the character and reputation of the individual charged with an offense under this law, and, if a commercial dissemination of obscene material is involved, the character and reputation of the business establishment involved may be placed in evidence by the defendant on the question of intent to violate this law. Undeveloped photographs, molds, printing plates, and the like shall be deemed obscene notwithstanding that processing or other acts may be required to make the obscenity patent or to disseminate it. (b) Material is obscene if:
(1) To the average person, applying contemporary community standards, taken as a whole, it predominantly appeals to the prurient interest, that is, a shameful or morbid interest in nudity, sex, or excretion;

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JOURNAL OF THE HOUSE

(2) The material taken as a whole lacks serious literary, artistic, political, or scientific value; and (3) The material depicts or describes, in a patently offensive way, sexual conduct specifically defined in subparagraphs (A) through (E) of this paragraph:
(A) Acts of sexual intercourse, heterosexual or homosexual, normal or perverted, actual or simulated; (B) Acts of masturbation; (C) Acts involving excretory functions or lewd exhibition of the genitals; (D) Acts of bestiality or the fondling of sex organs of animals; or (E) Sexual acts of flagellation, torture, or other violence indicating a sadomasochistic sexual relationship. (c) Any device designed or marketed as useful primarily for the stimulation of human genital organs is obscene material under this Code section. (d) Material not otherwise obscene may be obscene under this Code section if the distribution thereof, the offer to do so, or the possession with the intent to do so is a commercial exploitation of erotica solely for the sake of their prurient appeal. (e) It is an affirmative defense under this Code section that dissemination of selling, lending, renting, leasing, advertising, publishing, exhibiting, or otherwise disseminating the material was restricted to: (1) A person associated with an institution of higher learning, either as a member of the faculty or a matriculated student, teaching or pursuing a course of study related to such material; or (2) A person while working in an official capacity in a public library; or (2)(3) A person whose receipt of such material was authorized in writing by a licensed medical practitioner or psychiatrist. (f) A person who commits the offense of distributing obscene material shall be guilty of a misdemeanor of a high and aggravated nature."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply only with respect to offenses committed on or after that effective date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representative Franklin of the 43rd et al. move to amend the House Committee on Judiciary Substitute to HB 226 (LC 29 2836S) by striking lines 28 through 30 of page 2 and inserting in lieu thereof the following:
material; or

TUESDAY, MARCH 27, 2007

1681

(2) A person whose receipt of such material was authorized in writing by a licensed

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

N Abdul-Salaam N Abrams N Amerson N Ashe Y Barnard
Bearden N Beasley-Teague N Benfield Y Benton N Black Y Bridges N Brooks
Bruce Y Bryant N Buckner Y Burkhalter Y Burns
Butler Y Byrd N Carter, A Y Carter, B Y Casas Y Chambers
Channell N Cheokas Y Coan Y Cole
Coleman N Collins N Cooper Y Cox N Crawford, M N Crawford, R N Davis, H Y Davis, S N Day

Y Dempsey Y Dickson 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 Frazier Y Freeman N Gardner N Geisinger Y Glanton Y Golick Y Gordon Y Graves N Greene Y Hamilton N Hanner Y Harbin Y Hatfield
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 N Hudson N Hugley N Jackson Y Jacobs N James N Jamieson Y Jenkins Y Jerguson N Johnson, C E Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly N Lane, B Y Lane, R N Levitas Y Lewis N Lindsey N Lord Y Loudermilk N Lucas
Lunsford Y Maddox N Mangham Y Manning N Marin

Y Martin Y Maxwell Y May
McCall N McKillip Y Meadows N Millar Y Mills N Mitchell
Morgan Y Morris
Mosby N Mumford N Murphy Y Neal Y Nix N Oliver Y O'Neal N Parham N Parrish E Parsons Y Peake N Porter N Powell N Pruett N Ralston N Randall N Reece Y Reese E Rice Y Roberts Y Rogers N Royal Y Rynders
Sailor Y Scott, A

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

On the adoption of the amendment, the ayes were 78, nays 79.

The chair voted "aye".

On the adoption of the amendment, the ayes were 79, nays 79.

The amendment was lost.

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JOURNAL OF THE HOUSE

Representative Franklin of the 43rd moved that the House reconsider its action in failing to adopt the Franklin amendment.

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

N Abdul-Salaam N Abrams N Amerson N Ashe Y Barnard
Bearden N Beasley-Teague N Benfield Y Benton Y Black Y Bridges N Brooks
Bruce Y Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd N Carter, A Y Carter, B Y Casas Y Chambers
Channell Y Cheokas Y Coan Y Cole
Coleman Y Collins Y Cooper Y Cox N Crawford, M N Crawford, R
Davis, H Y Davis, S N Day

Y Dempsey Y Dickson N 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 Frazier Y Freeman
Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton N Hanner Y Harbin Y Hatfield
Heard, J N Heard, K E Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holmes

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

Y Martin Y Maxwell Y May N McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell
Morgan Y Morris
Mosby N Mumford N Murphy Y Neal Y Nix N Oliver Y O'Neal Y Parham N Parrish E Parsons Y Peake N Porter N Powell Y Pruett N Ralston N Randall N Reece Y Reese E Rice Y Roberts Y Rogers N Royal Y Rynders
Sailor Y Scott, A

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

On the motion, the ayes were 91, nays 66.

The motion prevailed.

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

N Abdul-Salaam N Abrams

Y Dempsey Y Dickson

Y Holt Y Horne

Y Martin Y Maxwell

Y Scott, M N Sellier

TUESDAY, MARCH 27, 2007

1683

N Amerson N Ashe Y Barnard
Bearden N Beasley-Teague N Benfield Y Benton N Black Y Bridges N Brooks
Bruce Y Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd N Carter, A Y Carter, B Y Casas Y Chambers
Channell N Cheokas Y Coan Y Cole Y Coleman N Collins Y Cooper Y Cox N Crawford, M N Crawford, R
Davis, H Y Davis, S N Day

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 Frazier Y Freeman N Gardner N Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton N Hanner Y Harbin Y Hatfield
Heard, J N Heard, K E Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holmes

N Houston N Howard N Hudson N Hugley N Jackson Y Jacobs N James N Jamieson N Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly N Lane, B Y Lane, R N Levitas Y Lewis N Lindsey N Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham Y Manning N Marin

Y May Y McCall N McKillip Y Meadows N Millar Y Mills N Mitchell
Morgan Y Morris
Mosby N Mumford N Murphy Y Neal Y Nix N Oliver Y O'Neal Y Parham N Parrish E Parsons Y Peake N Porter N Powell N Pruett N Ralston N Randall N Reece Y Reese E Rice Y Roberts Y Rogers N Royal Y Rynders
Sailor Y Scott, A

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

On the adoption of the Franklin amendment, the ayes were 87, nays 75.

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:

N Abdul-Salaam N Abrams Y Amerson N Ashe

Y Dempsey Y Dickson Y Dollar N Drenner

Y Holt Y Horne Y Houston N Howard

Y Martin Y Maxwell Y May Y McCall

Y Scott, M Y Sellier Y Setzler N Shaw

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Y Barnard Y Bearden N Beasley-Teague N Benfield Y Benton Y Black Y Bridges N Brooks N Bruce Y Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers
Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

E Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin N Frazier Y Freeman N Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield
Heard, J N Heard, K E Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A N Holmes

Y Hudson N Hugley N Jackson Y Jacobs N James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J N Jones, S N Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham Y Manning Y Marin

Y McKillip Y Meadows Y Millar Y Mills N Mitchell
Morgan Y Morris
Mosby Y Mumford N Murphy Y Neal Y Nix N Oliver Y O'Neal N Parham Y Parrish E Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston N Randall Y Reece Y Reese E Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

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

On the passage of the Bill, by substitute, as amended, the ayes were 129, nays 35.

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

HB 232. By Representatives Lindsey of the 54th, Lunsford of the 110th, Geisinger of the 48th, Jones of the 46th and Smith of the 113th:

A BILL to be entitled an Act to amend Chapter 71 of Title 36 of the Official Code of Georgia Annotated, relating to the "Georgia Development Impact Fee Act," so as to change definitions; to increase community participation in development impact fee advisory committees; to provide for the expenditure of impact fees; to change certain provisions relating to deposit and expenditure of fees and an annual report; to correct cross-references; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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The following Committee substitute was read and withdrawn:
A BILL
To amend Chapter 71 of Title 36 of the Official Code of Georgia Annotated, relating to the "Georgia Development Impact Fee Act," so as to change definitions; to increase community participation in development impact fee advisory committees; to provide for the expenditure of impact fees; to change certain provisions relating to deposit and expenditure of fees and an annual report; 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. Chapter 71 of Title 36 of the Official Code of Georgia Annotated, relating to the "Georgia Development Impact Fee Act," is amended in Code Section 36-71-2, relating to definitions, by revising paragraphs (10.1) through (19) as follows:
"(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 in terms of demand to capacity ratios, or the comfort and convenience of use or service of public facilities, 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 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.

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(16)(17) 'Public facilities' means: (A) Water supply production, treatment, and distribution facilities; (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) Parks, open space, and recreation areas and related facilities; (F) Public safety facilities, including police, fire, emergency medical, and rescue facilities; and (G) Libraries and related facilities.
(17)(18) 'Service area' means a geographic area defined by a municipality, county, or intergovernmental agreement in which a defined set of public facilities provide service to development within the area. Service areas shall be designated on the basis of sound planning or engineering principles or both. (18)(19) 'System improvement costs' means costs incurred to provide additional public facilities 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)(20) 'System improvements' means capital improvements that are public facilities and are designed to provide service to the community at large, in contrast to 'project improvements.'"
SECTION 2. Said chapter is further amended in Code Section 36-71-4, relating to calculation of fees, by revising subsection (d) as follows:
"(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 facilities described in

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subparagraph (D) of paragraph (16)(17) of Code Section 36-71-2 may be collected at the time of a development approval that authorizes site construction or improvement which requires public facilities described in subparagraph (D) of paragraph (18)(17) of Code Section 36-71-2."
SECTION 3. Said chapter is further amended in Code Section 36-71-5, relating to hearings on proposed fee ordinances, by revising subsection (b) as follows:
"(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. An existing planning commission or other existing committee that meets these requirements may serve as the Development Impact Fee Advisory Committee."
SECTION 4. Said chapter is further amended by revising Code Section 36-71-8, relating to deposit and expenditure of fees and an annual report, as follows:
"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. 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) Development impact fees, collected for roads, streets, bridges, including rights of way, traffic signals, landscaping, or any local components of state or federal highways, shall be expended to fund, in whole or in part, system improvement projects:

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(A) That have been identified in the capital improvements element of the municipality's or county's comprehensive development plan; and (B) That are chosen by a municipality or county after consideration of the following factors:
(i) The proximity of the proposed system improvements to developments within the service area which have generated development impact fees collected for roads, streets, bridges, including rights of way, traffic signals, landscaping, or any local components of state or federal highways; and (ii) The proposed system improvements which will have the greatest effect on level of service for roads, streets, bridges, including rights of way, traffic signals, landscaping, or any local components of state or federal highways impacted by the developments which have paid such impact fees. (2) 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 developer and such agreement is approved by the governing body, the analysis required by subparagraph (B) of paragraph (1) of this subsection shall not be applicable. (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. The portion of the annual report relating to development impact fees collected for roads, streets, bridges, including rights of way, traffic signals, landscaping, or any local components of state or federal highways shall be referred to the municipality's or county's most recently constituted Development Impact Fee Advisory Committee which shall report to the governing body of the municipality or county any perceived inequities in the expenditure of impact fees collected for roads, streets, bridges, including rights of way, traffic signals, landscaping, or any local components of state or federal highways."
SECTION 5. This Act shall become effective on July 1, 2007.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by the Committee on Rules, was read and adopted:
A BILL
To amend Chapter 71 of Title 36 of the Official Code of Georgia Annotated, relating to the "Georgia Development Impact Fee Act," so as to change definitions; to increase community participation in development impact fee advisory committees; to provide for the expenditure of impact fees under certain circumstances; to change certain provisions

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relating to deposit and expenditure of fees and an annual report; to correct crossreferences; 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 71 of Title 36 of the Official Code of Georgia Annotated, relating to the "Georgia Development Impact Fee Act," is amended in Code Section 36-71-2, relating to definitions, by revising paragraphs (10.1) through (19) as follows:
"(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 in terms of demand to capacity ratios, or the comfort and convenience of use or service of public facilities, 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 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; (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;

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(E) Parks, open space, and recreation areas and related facilities; (F) Public safety facilities, including police, fire, emergency medical, and rescue facilities; and (G) Libraries and related facilities. (17)(18) 'Service area' means a geographic area defined by a municipality, county, or intergovernmental agreement in which a defined set of public facilities provide service to development within the area. Service areas shall be designated on the basis of sound planning or engineering principles or both. (18)(19) 'System improvement costs' means costs incurred to provide additional public facilities 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)(20) 'System improvements' means capital improvements that are public facilities and are designed to provide service to the community at large, in contrast to 'project improvements.'"
SECTION 2. Said chapter is further amended in Code Section 36-71-4, relating to calculation of fees, by revising subsection (d) as follows:
"(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 facilities described in subparagraph (D) of paragraph (16)(17) of Code Section 36-71-2 may be collected at the time of a development approval that authorizes site construction or improvement which requires public facilities described in subparagraph (D) of paragraph (18)(17) of Code Section 36-71-2."
SECTION 3. Said chapter is further amended in Code Section 36-71-5, relating to hearings on proposed fee ordinances, by revising subsection (b) as follows:

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"(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. An existing planning commission or other existing committee that meets these requirements may serve as the Development Impact Fee Advisory Committee."
SECTION 4. Said chapter is further amended by revising Code Section 36-71-8, relating to deposit and expenditure of fees and an annual report, as follows:
"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. 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) Development impact fees, collected for roads, streets, bridges, including rights of way, traffic signals, landscaping, or any local components of state or federal highways, 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 comprehensive development plan; and (B) That are chosen by a municipality after consideration of the following factors:
(i) The proximity of the proposed system improvements to developments within the service area which have generated development impact fees collected for roads, streets, bridges, including rights of way, traffic signals, landscaping, or any local components of state or federal highways; and

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(ii) The proposed system improvements which will have the greatest effect on level of service for roads, streets, bridges, including rights of way, traffic signals, landscaping, or any local components of state or federal highways impacted by the developments which have paid such impact fees. (2) 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 and the developer and such agreement is approved by the governing body, the analysis required by subparagraph (B) of paragraph (1) of this subsection shall not be applicable. (3) The provisions of this subsection shall only apply to municipalities that have more than 140,000 parcels of land. (d)(1) 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. (2) In municipalities that have more than 140,000 parcels of land, the portion of the annual report relating to development impact fees collected for roads, streets, bridges, including rights of way, traffic signals, landscaping, or any local components of state or federal highways shall be referred to such municipality's most recently constituted Development Impact Fee Advisory Committee which shall report to the governing body of such municipality any perceived inequities in the expenditure of impact fees collected for roads, streets, bridges, including rights of way, traffic signals, landscaping, or any local components of state or federal highways."

SECTION 5. This Act shall become effective on July 1, 2007.

SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton

Y Dempsey Y Dickson Y Dollar Y Drenner E Dukes Y Ehrhart Y England Y Epps Y Everson

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B
Sims, C Y Sims, F

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1693

Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon
Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A Y Holmes

Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T
Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin

Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish E Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese E Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix E 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 254. By Representatives Roberts of the 154th, Black of the 174th, Shaw of the 176th, McCall of the 30th, Sheldon of the 105th and others:

A BILL to be entitled an Act to amend Code Section 40-5-64 of the Official Code of Georgia Annotated, relating to issuance of limited driving permits for certain offenders, so as to allow for issuance of a limited driving permit to a driver between 18 and 21 years old who has his or her license suspended for driving 24 or more miles per hour but less than 34 miles per hour over the speed limit; 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 Roberts of the 154th moves to amend HB 254 by adding before the period at the end of line 24 on page 1 the following:

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, and the sentencing judge, in his or her discretion, decides it is reasonable to issue a limited driving permit

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 Abrams N Amerson N Ashe Y Barnard Y Bearden Y Beasley-Teague N Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas
Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M N Crawford, R Y Davis, H Y Davis, S N Day

Y Dempsey Y Dickson Y Dollar Y Drenner E Dukes
Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A Y Holmes

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas 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 N McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese E Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

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

On the passage of the Bill, as amended, the ayes were 153, nays 11.

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

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1695

HB 222. By Representatives Mitchell of the 88th, Willard of the 49th, Millar of the 79th, Oliver of the 83rd, Lunsford of the 110th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to the authority of counties to buy property sold under tax executions, so as to prohibit county tax commissioners from purchasing property offered for sale under tax executions or tax foreclosure proceedings; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Article 2 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to the authority of counties to buy property sold under tax executions, so as to prohibit county tax commissioners and certain employees from purchasing property offered for sale under tax executions or tax foreclosure proceedings; to provide for criminal penalties; to provide for status of certain sales, transfers, or acquisitions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to the authority of counties to buy property sold under tax executions, is amended by adding a new Code section to read as follows:
"48-4-23. (a) A tax commissioner and any person employed in the office of the tax commissioner working on behalf of the tax commissioner shall not, directly or indirectly, acquire an interest in, buy, or profit from any real property sold at public auction by the county for which such tax commissioner or employee thereof serves for delinquent taxes, except that such tax commissioner or employee thereof may purchase property sold at public auction for delinquent taxes if such tax commissioner or employee has any ownership interest in the property and had an ownership interest in the property at the time the taxes became delinquent. (b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by imprisonment for a period of not more than one year, by a fine not to exceed $1,000.00, or both. (c) Any sale, transfer, or acquisition of interest in any real property in violation of this Code section shall be void."

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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 Abrams Y Amerson
Ashe Y Barnard Y Bearden Y Beasley-Teague N Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holmes

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

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell N Pruett Y Ralston Y Randall Y Reece Y Reese E Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

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

TUESDAY, MARCH 27, 2007

1697

HB 413. By Representatives Martin of the 47th, Geisinger of the 48th, Willard of the 49th and Jones of the 46th:
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 48-8-3 of the Official Code of Georgia Annotated, relating to sales and use tax exemptions, so as to provide for an exemption for a limited period of time with respect to sales of personal property to or used in the construction or expansion of a nature center owned or operated by an organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code; to provide for conditions and limitations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to sales and use tax exemptions, is amended by replacing "; or" with a semicolon at the end of paragraph (84), replacing the period at the end of paragraph (85) with "; or", and by adding a new paragraph to read as follows:
"(86)(A) Notwithstanding any provision of Code Section 48-8-63 to the contrary, from the period commencing on April 1, 2007, and ending on June 30, 2009, sales of tangible personal property to, or used in the construction or expansion of, a nature center owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code if:
(i) Such nature center is constructed on or after the effective date of this paragraph; (ii) Such nature center is located on a parcel of at least 120 acres but not more than 150 acres; and (iii) The aggregate construction costs of such nature center is $8 million or more. (B) The total amount of the exemption allowed under subparagraph (A) of this paragraph shall not exceed $350,000.00 in the aggregate."
SECTION 2.

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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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper
Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier Y Freeman
Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas 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 Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese E Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

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

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

TUESDAY, MARCH 27, 2007

1699

The Bill, having received the requisite constitutional majority, was passed, by substitute.
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.
HB 445. By Representative Royal of the 171st:
A BILL to be entitled an Act to amend Code Section 48-5-7.4 of the O.C.G.A., 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 a contingent effective date; to provide for applicability; to provide for contingent repeal; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, so as to clarify an ad valorem tax exemption for certain charitable institutions; 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 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 revising paragraph (2) of subsection (d) as follows:
"(2) With respect to paragraph (4) of subsection (a) of this Code section, real estate or buildings which are a building which is 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 exclusively for the charitable purposes of such charitable institution, and not more than15 acres of land on which such building is located, may be used for the purpose of securing income so long as such income is used exclusively for the operation of that charitable institution."

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SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler
Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole
Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H N Davis, S Y Day

Y Dempsey Y Dickson Y Dollar
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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas 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 Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mumford Y Murphy N Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese E Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

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

TUESDAY, MARCH 27, 2007

1701

On the passage of the Bill, by substitute, the ayes were 160, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The Speaker Pro Tem assumed the Chair.
HB 486. By Representative Willard of the 49th:
A BILL to be entitled an Act to amend Code Section 48-5-359.1 of the Official Code of Georgia Annotated, relating to contracts with the county tax commissioner to assess and collect municipal taxes and prepare the tax digest, so as to change certain provisions regarding compensation to be paid to the tax commissioner for additional duties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and withdrawn:
A BILL
To amend Code Section 48-5-359.1 of the Official Code of Georgia Annotated, relating to contracts with the county tax commissioner to assess and collect municipal taxes and prepare the tax digest, so as to change certain provisions regarding compensation to be paid to the tax commissioner for additional duties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-5-359.1 of the Official Code of Georgia Annotated, relating to contracts with the county tax commissioner to assess and collect municipal taxes and prepare the tax digest, is amended by revising subsection (a) as follows:
"(a) Any county and any municipality wholly or partially located within such county may contract, subject to approval by the tax commissioner of the county, for the tax commissioner to prepare the tax digest for such municipality; to assess and collect municipal taxes in the same manner as county taxes; and, for the purpose of collecting such municipal taxes, to invoke any remedy permitted for collection of municipal taxes. Any contract authorized by this subsection between the county governing authority and a municipality shall specify an amount to be paid by the municipality to the county which amount will substantially approximate the cost to the county of providing the service to the municipality. Notwithstanding the provisions of any other law, the tax commissioner is authorized to contract for and to accept, receive, and retain

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compensation from the municipality county for such additional duties and responsibilities in addition to that compensation provided by law to be paid to the tax commissioner by the county."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by the Committee on Rules, was read and adopted:
A BILL
To amend Code Section 48-5-359.1 of the Official Code of Georgia Annotated, relating to contracts with the county tax commissioner to assess and collect municipal taxes and prepare the tax digest, so as to change certain provisions regarding compensation to be paid to the tax commissioner for additional duties; to provide for an exception; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-5-359.1 of the Official Code of Georgia Annotated, relating to contracts with the county tax commissioner to assess and collect municipal taxes and prepare the tax digest, is amended by revising subsection (a) as follows:
"(a)(1)(A) This paragraph shall apply to a county which has fewer than 130,000 tax parcels within such county. (B) Any county and any municipality wholly or partially located within such county may contract, subject to approval by the tax commissioner of the county, for the tax commissioner to prepare the tax digest for such municipality; to assess and collect municipal taxes in the same manner as county taxes; and, for the purpose of collecting such municipal taxes, to invoke any remedy permitted for collection of municipal taxes. Any contract authorized by this subsection between the county governing authority and a municipality shall specify an amount to be paid by the municipality to the county which amount will substantially approximate the cost to the county of providing the service to the municipality. Notwithstanding the provisions of any other law, the tax commissioner is authorized to contract for and to accept, receive, and retain compensation from the municipality for such additional duties and responsibilities in addition to that compensation provided by law to be paid to the tax commissioner by the county.

TUESDAY, MARCH 27, 2007

1703

(2)(A) This paragraph shall apply to any county which has 130,000 or more tax parcels within such county and to any municipality located wholly or partially in such county which municipality has less than 100,000 tax parcels within such municipality. (B) Any county and any municipality wholly or partially located within such county may contract for the tax commissioner to prepare the tax digest for such municipality; to assess and collect municipal taxes in the same manner as county taxes; and, for the purpose of collecting such municipal taxes, to invoke any remedy permitted for collection of municipal taxes. Any contract authorized by this subsection between the county governing authority and a municipality shall specify an amount to be paid by the municipality to the county which amount will substantially approximate the cost to the county of providing the service to the municipality. Notwithstanding the provisions of any other law, the tax commissioner is authorized to accept, receive, and retain compensation from the county for such additional duties and responsibilities in addition to that compensation provided by law to be paid to the tax commissioner by the county."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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 N Abrams Y Amerson Y Ashe Y Barnard Y Bearden N Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns

Y Dempsey Y Dickson 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 Frazier Y Freeman

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson N Johnson, C E Johnson, T Y Jones, J Y Jones, S
Jordan

Martin N Maxwell N May Y McCall Y McKillip Y Meadows Y Millar Y Mills N Mitchell
Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver

Y Scott, M Y Sellier Y Setzler N Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner

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Y Butler Y Byrd N Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M N Crawford, R Y Davis, H Y Davis, S Y Day

Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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

N Kaiser Y Keen Y Keown Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis N Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox N Mangham N Manning Y Marin

Y O'Neal Y Parham Y Parrish N Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall
Reece Y Reese E Rice N Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

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

On the passage of the Bill, by substitute, the ayes were 147, nays 18.

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

Representative Reece of the 11th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 451. By Representatives Lewis of the 15th, Stephens of the 164th, Parrish of the 156th and Watson of the 91st:

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 taxation, so as to provide for a program of tax refunds for companies creating certain tourism attractions; to provide for a short title; to define terms; to state legislative findings; to provide for conditions of eligibility and approval by the Department of Economic Development and a local government; to provide for agreements between that department and companies; to provide for regulations; 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

TUESDAY, MARCH 27, 2007

1705

To amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, so as to provide for a program of tax refunds for companies creating certain tourism attractions; to provide for a short title; to define terms; to state legislative findings; to provide for conditions of eligibility and approval by the Department of Economic Development and a local government; to provide for agreements between that department and companies; to provide for regulations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, is amended by adding a new Article 5 as follows:
"ARTICLE 5
48-8-240. This article shall be known and may be cited as the 'Georgia Tourism Development Act.'
48-8-241. As used in this article, the term:
(1) 'Agreement' means a tourism attraction agreement entered into, pursuant to Code Section 48-8-245, on behalf of the Georgia Department of Economic Development and an approved company, with respect to a tourism attraction project. (2) 'Approved company' means any corporation, limited liability company, partnership, limited liability partnership, sole proprietorship, business trust, or any other entity that is seeking to undertake a tourism project pursuant to Code Section 48-5-245 and is approved by the commissioner of economic development and by the governing authority of the city where the tourism attraction project is to be located if within a city or otherwise by the governing authority of the county where the tourism attraction project is to be located. (3) 'Approved costs' means:
(A) Obligations incurred for labor and to vendors, contractors, subcontractors, builders, suppliers, deliverymen, and materialmen in connection with the acquisition, construction, equipping, and installation of a tourism attraction project; (B) The costs of acquiring real property or rights in real property and any costs incidental thereto; (C) All costs for construction materials and equipment installed at the tourism attraction project; (D) The cost of contract bonds and of insurance of all kinds that may be required or necessary during the course of the acquisition, construction, equipping, and

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installation of a tourism attraction project which is not paid by the vendor, supplier, deliveryman, contractor, or otherwise provided; (E) All costs of architectural and engineering services, including but not limited to: estimates, plans and specifications, preliminary investigations, and supervision of construction and installation, as well as for the performance of all the duties required by or consequent to the acquisition, construction, equipping, and installation of a tourism attraction project; (F) All costs required to be paid under the terms of any contract for the acquisition, construction, equipping, and installation of a tourism attraction project; (G) All costs required for the installation of utilities, including but not limited to: water, sewer, sewer treatment, gas, electricity and communications and including off-site construction of the facilities paid for by the approved company; and (H) All other costs comparable with those described in this paragraph. (4) 'Tourism attraction' means a cultural or historical site; a recreation or entertainment facility; an area of natural phenomenon or scenic beauty; a convention hotel and conference center; a race track with lodging and restaurant and other tourism amenities; a golf course facility with lodging and restaurant and other tourism amenities; marinas and water parks with lodging and restaurant facilities; or an entertainment destination center, designed to attract tourists to the State of Georgia, subject to the following conditions: (A) A tourism attraction shall include commercial lodging facilities if the facilities constitute a significant portion of a tourism attraction project or the facilities are to be located on recreational property leased from a county, a municipal corporation, the state, or the federal government; and (B) A tourism attraction shall not include the following:
(i) Facilities that are primarily devoted to the retail sale of goods, shopping centers, restaurants, movie theaters, performing arts facilities, or a Georgia crafts and products center; or (ii) Recreational facilities that do not serve as a likely destinations where individuals who are not residents of the state would remain overnight in commercial lodging at the tourism attraction project. (5) 'Tourism attraction project' or 'project' means the real estate acquisition, including the acquisition of real estate by a leasehold interest with a minimum term of 30 years, construction, and equipping of a tourism attraction; the construction and installation of improvements to facilities necessary or desirable for the acquisition, construction, and installation of a tourism attraction project, including but not limited to surveys; installation of utilities, which may include water, sewer, sewage treatment, gas, electricity, communications, and similar facilities; and off-site construction of utility extensions if paid for by the approved company.
48-8-242. The General Assembly finds and declares that the general welfare and material wellbeing of the citizens of the state depend in large measure upon the development of

TUESDAY, MARCH 27, 2007

1707

tourism in the state; that it is in the best interest of the state to induce the creation of new tourism attractions and the expansion of existing tourism attractions within the state in order to advance the public purposes of relieving unemployment by preserving and creating jobs that would not exist if not for the sales and use tax refund offered by the Department of Economic Development to approved companies and preserving and creating sources of tax revenues for the support of public services provided by the state; that the purposes to be accomplished under the provisions of this article are proper governmental and public purposes for which public moneys may be expended; and that the inducement of the creation and expansion of tourism attraction projects is of paramount importance to the economy of the state, mandating that the provisions of this article are to be liberally construed and applied in order to advance public purposes.
48-8-243. (a)(1) In consideration of the execution of the agreement each approved company shall be granted a sales and use tax refund from the Georgia sales and use tax and all local sales and use taxes on the sales generated by the approved company and arising at the tourism attraction. (2) The approved company shall have no obligation to refund or otherwise return any amount of this sales and use tax refund to the persons from whom the sales and use tax was collected. (3) For all tourism attractions the term of the agreement granting the sales and use tax refund shall be ten years. (4) This time period shall commence on the later of: (A) The final approval of the agreement for purposes of the sales and use tax refund; or (B) The effective date specified in the agreement.
(b) Any sales and use tax collected by an approved company on sales transacted after final approval but prior to the commencement of the term of the agreement shall be refundable as if collected after the commencement of the term and applied to the approved company's first year's refund after activation of the term and without changing the term. (c) The total sales and use tax refund allowed to the approved company over the term of the agreement shall be equal to the lesser of the total amount of the sales and use tax liability of the approved company or 25 percent of the approved costs for the tourism attraction project, subject to the following conditions:
(1) The sales and use tax refund shall accrue over the term of the agreement in an annual amount equal to 2.5 percent of the approved costs; and (2) Notwithstanding the foregoing 2.5 percent limitation, any unused sales and use tax refunds from a previous year may be carried forward to any succeeding year during the term of the agreement. (d) On or before March 31 of each year during the term of the agreement, an approved company shall file with the department a claim for sales and use tax refund collected by

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the approved company and remitted to the department during the preceding calendar year pursuant to subsection (c) of this Code section. (e) The department shall promulgate administrative regulations and require the filing of a refund form designed by the department to reflect the intent of this article.
48-8-244. (a) The commissioner of economic development shall establish standards for the filing of an application for tourism attraction projects by the promulgation of administrative regulations. (b) An application for a tourism attraction project filed with the Department of Economic Development shall include: marketing plans for the tourism attraction project that target individuals who are not residents of the state; a description and location of the tourism attraction project; capital and other anticipated expenditures for the tourism attraction project and the anticipated sources of funding therefor; the anticipated employment and wages to be paid at the tourism attraction project; business plans which indicate the average number of days in a year in which the tourism attraction project will be in operation and open to the public; and the anticipated revenues to be generated by the tourism attraction project. (c) The commissioner of economic development and the local governing authority specified in paragraph (2) of Code Section 48-2-241 may grant approval to the tourism attraction project if the project shall:
(1) Attract at least 50 percent of its visitors from among persons who are not residents of the state; (2) Have approved costs in excess of $25 million; (3) Have a significant and positive economic impact on the state considering, among other factors, the extent to which the tourism attraction project will compete directly with existing tourism attractions in the state and the amount by which increased state and local tax revenues from the tourism attraction project will exceed the refund to be given to the approved company; (4) Produce sufficient revenues and public demand to be operating and open to the public for a minimum of 250 days per year; and (5) Not adversely affect existing employment in the state.
48-8-245. (a) The Department of Economic Development, upon final approval of a tourism attraction project application, shall enter into an agreement with any approved company and the terms and provisions of each agreement shall include, but not be limited to:
(1) The projected amount of approved costs, provided any increase in approved costs incurred by the approved company and agreed to by the department shall apply retroactively for purposes of calculating the carry forward for unused sales and use tax refunds as set forth in subsection (c) of Code Section 48-8-243 for tax years commencing on or after the effective date of this article;

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(2) A date certain by which the approved company shall have completed the tourism attraction project and begun operations. Upon request from any approved company that has received final approval, the Department of Economic Development shall grant an extension or change, which in no event shall exceed 18 months from the date of final approval, to the completion date as specified in the agreement with an approved company; (3) The term shall be ten years from the later of:
(A) The date of the final approval of the tourism attraction project; or (B) The original effective date specified in the agreement, if this effective date is within three years of the date of the final approval of the tourism attraction project."

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 law in conflict 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas

Y Dempsey Y Dickson Y Dollar Y Drenner E Dukes
Ehrhart Y England Y Epps
Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins
Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S
Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox
Lakly Y Lane, B Y Lane, R

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett

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

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Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

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 Levitas 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 Reece Y Reese E Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R
Wix E 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.

The Speaker assumed the Chair.

HB 463. By Representatives McCall of the 30th, Powell of the 29th, Burns of the 157th, Roberts of the 154th, Lunsford of the 110th and others:

A BILL to be entitled an Act to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, so as to change certain provisions relating to exemptions from said chapter; to change certain provisions relating to education and training requirements relative to said chapter, required programs, instructor qualifications, and expiration of certification; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and withdrawn:

A BILL

To amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, so as to change certain provisions relating to certification of locality as local issuing authority, periodic review, procedure for revoking certification, and enforcement actions; to change certain provisions relating to exemptions from said chapter; to change certain provisions relating to education and training requirements relative to said chapter, required programs, instructor qualifications, and expiration of certification; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, is amended by revising Code Section 12-7-8, relating to certification of locality as local issuing authority, periodic review, procedure for revoking certification, and enforcement actions, as follows:
"12-7-8. (a)(1) If a county or municipality has enacted ordinances which meet or exceed the standards, requirements, and provisions of this chapter and the state general permit, except that the standards, requirements, and provisions of the ordinances for monitoring, reporting, inspections, design standards, turbidity standards, and education and training shall not exceed the state general permit requirements, and which are enforceable by such county or municipality, and if a county or municipality documents that it employs qualified personnel to implement enacted ordinances, the director may certify such county or municipality as a local issuing authority for the purposes of this chapter. (2) A local issuing authority shall regulate both primary and secondary permittees as such terms are defined in the state general permit. Primary permittees shall be responsible for installation and maintenance of best management practices where the primary permittee is conducting land-disturbing activities. Secondary permittees shall be responsible for installation and maintenance of best management practices where the secondary permittee is conducting land-disturbing activities. A local issuing authority must review, revise, or amend its ordinances within 12 months of any amendment to this chapter. (3) Any land-disturbing activities by a local issuing authority shall be subject to the same requirements of the ordinances such local issuing authority adopted pursuant to this chapter as are applied to private persons, and the division shall enforce such requirements upon the local issuing authority.
(b) The districts or the commission or both shall periodically review monthly the actions of counties and municipalities which have been certified as local issuing authorities pursuant to subsection (a) of this Code section. The districts or the commission or both may provide technical assistance to any county or municipality for the purpose of improving the effectiveness of the county's or municipality's erosion and sedimentation control program. The districts or the commission shall notify the division and request investigation by the division if any deficient or ineffective local program is found. (c) The board, on or before December 31, 2003, shall promulgate rules and regulations setting forth the requirements and standards for certification and the procedures for decertification of a local issuing authority. The division may periodically review the actions of counties and municipalities which have been certified as local issuing authorities pursuant to subsection (a) of this Code section. Such review may include, but shall not be limited to, review of the administration and enforcement of and compliance with a governing authority's ordinances and review of conformance with an agreement, if any, between the district and the governing authority. If such review

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indicates that the governing authority of any county or municipality certified pursuant to subsection (a) of this Code section has not administered or, enforced, or complied with its ordinances or has not conducted the program in accordance with any agreement entered into pursuant to subsection (e) of Code Section 12-7-7, the division shall notify the governing authority of the county or municipality in writing. The governing authority of any county or municipality so notified shall have 30 days within which to take the necessary corrective action to retain certification as a local issuing authority. If the county or municipality does not take necessary corrective action within 30 days after notification by the division, the division may shall revoke the certification of the county or municipality as a local issuing authority. (d) The director may determine that the public interest requires initiation of an enforcement action by the division. Where such a determination is made and the local issuing authority has failed to secure compliance, the director may implement the board's rules and seek compliance under provisions of Code Sections 12-7-12 through 12-7-15. For purposes of this subsection, enforcement actions taken by the division pursuant to Code Sections 12-7-12 through 12-7-15 shall not require prior revocation of certification of the county or municipality as a local issuing authority."
SECTION 2. Said chapter is further amended by revising paragraph (3) of Code Section 12-7-17, relating to exemptions from said chapter, as follows:
"(3) Such minor land-disturbing activities as shall be prescribed by rule or regulation of the board not later than July 1, 2007, which shall include home gardens and individual home landscaping, repairs, maintenance work, fences, beaver dam removal, and other related activities which result in minor soil erosion;"
SECTION 3. Said chapter is further amended by revising Code Section 12-7-19, relating to education and training requirements relative to said chapter, required programs, instructor qualifications, and expiration of certification, as follows:
"12-7-19. (a) After December 31, 2006, all persons involved in land development design, review, permitting, construction, monitoring, or inspection or any land-disturbing activity (1) On and after the effective date of this subsection, for each site on which land-disturbing activity occurs, each operator for such site and each person involved in reviewing, permitting, monitoring, or inspecting land-disturbing activity for the soil and water conservation district, local issuing authority, or the division, whichever has jurisdiction, shall meet the education and training certification requirements, dependent on their his or her level of involvement with the process, as developed by the commission in consultation with the division and the Stakeholder Advisory Board created pursuant to Code Section 12-7-20. (2) The provisions of paragraph (1) of this subsection shall not apply to any person who is an operator as defined in subparagraph (B) of paragraph (10.1) of Code

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Section 12-7-3 if such person is a subcontractor and the prime contractor who has operational control of land-disturbing activities for the site meets the applicable operator training and certification requirements developed by the commission. (b) No less than the following training programs shall be established: (1) A fundamentals seminar (Level 1) will be established which provides sufficient training to all participants as to the applicable laws, requirements, processes, and latest means and methods recognized by the this state to effectively control erosion and sedimentation; (2) An advanced fundamentals seminar (Level 1) will be established which provides additional details of installation and maintenance of best management practices for both regulatory and nonregulatory inspectors and others; (3) An introduction to design seminar (Level 2) will be established which provides required training to design and review a successful erosion, sedimentation, and pollution control plan; (4) An awareness seminar (Level 1) will be established which provides information regarding the erosion and sediment control practices and processes in the state and which will include an overview of the systems, laws, and roles of the participants; and (5) A trainer and instructor seminar will be established for both Level 1 and Level 2 trainers and instructors which will provide the minimum training as to applicable laws and best management practices and design of erosion, sedimentation, and pollution control plans in the this state. (c) Trainer and instructor qualifications will be established with the following minimum requirements: (1) Level 1 trainers and instructors shall meet at least the following minimum requirements and any other requirements as set by the commission:
(A) Education: four-year college degree or five years experience in the field of erosion and sediment control; (B) Experience: five-years experience in the field of erosion and sediment control. Where years of experience is used in lieu of the education requirement of subparagraph (A) of this paragraph, a total of ten years field experience is required; (C) Approval by the commission and the Stakeholder Advisory Board; and (D) Successful completion of the Level 1 trainer and instructor seminar found in paragraph (5) of subsection (b) of this Code section; and (2) Level 2 trainers and instructors shall meet at least the minimum requirements of a Level 1 trainer or instructor, any other requirements as set by the commission, and successful completion of the Level 2 trainer and instructor seminar created under paragraph (5) of subsection (b) of this Code section. (d) In addition to the requirements of subsection (c) of this Code section, the commission shall establish and any person desirous of holding certification must obtain a passing grade as established by the Stakeholder Advisory Board on a final exam covering the material taught in each mandatory seminar. Final exams may, at the discretion of the commission, serve in lieu of attendance at the seminar. Any person

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shall be authorized to administer the final examination for any seminar for which he or she was the instructor.
(e)(1) A certification provided by achieving the requirements established by the commission shall expire no later than three years after its issuance. (2) A certified individual shall be required to attend and participate in at least four hours of approved continuing education courses, as established by the commission, every three years. (3) A certification may be extended or renewed by meeting requirements established by the commission. (4) Revocation procedures may be established by the commission in consultation with the division and the Stakeholder Advisory Board."
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by the Committee on Rules, was read and adopted:
A BILL
To amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, so as to change certain provisions relating to certification of locality as local issuing authority, periodic review, procedure for revoking certification, and enforcement actions; to change certain provisions relating to exemptions from said chapter; to change certain provisions relating to education and training requirements relative to said chapter, required programs, instructor qualifications, and expiration of certification; 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 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, is amended by revising Code Section 12-7-8, relating to certification of locality as local issuing authority, periodic review, procedure for revoking certification, and enforcement actions, as follows:
"12-7-8. (a)(1) If a county or municipality has enacted ordinances which meet or exceed the standards, requirements, and provisions of this chapter and the state general permit, except that the standards, requirements, and provisions of the ordinances for

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monitoring, reporting, inspections, design standards, turbidity standards, and education and training, and project size thresholds with regard to education and training requirements shall not exceed the state general permit requirements, and which are enforceable by such county or municipality, and if a county or municipality documents that it employs qualified personnel to implement enacted ordinances, the director may certify such county or municipality as a local issuing authority for the purposes of this chapter. (2) A local issuing authority shall regulate both primary and secondary permittees as such terms are defined in the state general permit. Primary permittees shall be responsible for installation and maintenance of best management practices where the primary permittee is conducting land-disturbing activities. Secondary permittees shall be responsible for installation and maintenance of best management practices where the secondary permittee is conducting land-disturbing activities. A local issuing authority must review, revise, or amend its ordinances within 12 months of any amendment to this chapter. (3) Any land-disturbing activities by a local issuing authority shall be subject to the same requirements of the ordinances such local issuing authority adopted pursuant to this chapter as are applied to private persons, and the division shall enforce such requirements upon the local issuing authority. (b) The districts or the commission or both shall periodically review quarterly the actions of counties and municipalities which have been certified as local issuing authorities pursuant to subsection (a) of this Code section. The districts or the commission or both may provide technical assistance to any county or municipality for the purpose of improving the effectiveness of the county's or municipality's erosion and sedimentation control program. The districts or the commission shall notify the division and request investigation by the division if any deficient or ineffective local program is found. (c) The board, on or before December 31, 2003, shall promulgate rules and regulations setting forth the requirements and standards for certification and the procedures for decertification of a local issuing authority. The division may periodically review the actions of counties and municipalities which have been certified as local issuing authorities pursuant to subsection (a) of this Code section. Such review may include, but shall not be limited to, review of the administration and enforcement of and compliance with a governing authority's ordinances and review of conformance with an agreement, if any, between the district and the governing authority. If such review indicates that the governing authority of any county or municipality certified pursuant to subsection (a) of this Code section has not administered or, enforced, or complied with its ordinances or has not conducted the program in accordance with any agreement entered into pursuant to subsection (e) of Code Section 12-7-7, the division shall notify the governing authority of the county or municipality in writing. The governing authority of any county or municipality so notified shall have 30 days within which to take the necessary corrective action to retain certification as a local issuing authority. If the county or municipality does not take necessary corrective action within 30 days

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after notification by the division, the division may shall revoke the certification of the county or municipality as a local issuing authority. (d) The director may determine that the public interest requires initiation of an enforcement action by the division. Where such a determination is made and the local issuing authority has failed to secure compliance, the director may implement the board's rules and seek compliance under provisions of Code Sections 12-7-12 through 12-7-15. For purposes of this subsection, enforcement actions taken by the division pursuant to Code Sections 12-7-12 through 12-7-15 shall not require prior revocation of certification of the county or municipality as a local issuing authority."
SECTION 2. Said chapter is further amended by revising paragraph (3) of Code Section 12-7-17, relating to exemptions from said chapter, as follows:
"(3) Such minor land-disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, fences, beaver dam removal, and other related activities which result in minor soil erosion;"
SECTION 3. Said chapter is further amended by revising Code Section 12-7-19, relating to education and training requirements relative to said chapter, required programs, instructor qualifications, and expiration of certification, as follows:
"12-7-19. (a)(1) Persons After December 31, 2006, all persons involved in land development design, review, permitting, construction, monitoring, or inspection or any landdisturbing activity shall meet the education and training certification requirements, dependent on their his or her level of involvement with the process, as developed by the commission in accordance with this Code section and in consultation with the division and the Stakeholder Advisory Board created pursuant to Code Section 12-720. (2) On or after the effective date of this subsection, for each site on which landdisturbing activity occurs, each entity or person acting as either a primary, secondary, or tertiary permittee, as defined in the state general permit, shall have as a minimum one person who is in responsible charge of erosion and sedimentation control activities on behalf of said entity or person and meets the applicable education or training certification requirements developed by the commission present on site whenever land-disturbing activities are conducted on that site. A project site shall herein be defined as any land disturbance site or multiple sites within a larger common plan of development or sale permitted by an owner or operator for compliance with the state general permit. (3) Persons or entities involved in projects not requiring a state general permit but otherwise requiring certified personnel on site may contract with certified persons to meet the requirements of this chapter.

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(4) Any person or entity operating in a subcontractor capacity with a state general permittee who has operational control of land-disturbing activities for the site and has met the applicable certification requirements shall by December 31, 2007, be required to meet the educational requirements specified in paragraph (4) of subsection (b) of Code Section 12-7-19. (b) No less than the following training programs shall be established: (1) A fundamentals seminar (Level 1) will be established which provides sufficient training to all participants as to the applicable laws, requirements, processes, and latest means and methods recognized by the this state to effectively control erosion and sedimentation; (2) An advanced fundamentals seminar (Level 1) will be established which provides additional details of installation and maintenance of best management practices for both regulatory and nonregulatory inspectors and others; (3) An introduction to design seminar (Level 2) will be established which provides required training to design and review a successful erosion, sedimentation, and pollution control plan; (4) An awareness seminar (Level 1) will be established which does not exceed two hours in duration and which provides information regarding the erosion and sediment control practices and processes in the state and which will include an overview of the systems, laws, and roles of the participants; and (5) A trainer and instructor seminar will be established for both Level 1 and Level 2 trainers and instructors which will provide the minimum training as to applicable laws and best management practices and design of erosion, sedimentation, and pollution control plans in the this state. (c) Trainer and instructor qualifications will be established with the following minimum requirements: (1) Level 1 trainers and instructors shall meet at least the following minimum requirements and any other requirements as set by the commission:
(A) Education: four-year college degree or five years experience in the field of erosion and sediment control; (B) Experience: five-years experience in the field of erosion and sediment control. Where years of experience is used in lieu of the education requirement of subparagraph (A) of this paragraph, a total of ten years field experience is required; (C) Approval by the commission and the Stakeholder Advisory Board; and (D) Successful completion of the Level 1 trainer and instructor seminar found in paragraph (5) of subsection (b) of this Code section; and (2) Level 2 trainers and instructors shall meet at least the minimum requirements of a Level 1 trainer or instructor, any other requirements as set by the commission, and successful completion of the Level 2 trainer and instructor seminar created under paragraph (5) of subsection (b) of this Code section. (d) In addition to the requirements of subsection (c) of this Code section, the commission shall establish and any person desirous of holding certification must obtain a passing grade as established by the Stakeholder Advisory Board on a final exam

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covering the material taught in each mandatory seminar. Final exams may, at the discretion of the commission, serve in lieu of attendance at the seminar; provided, however, that there shall be no final exam requirement for purposes of paragraph (4) of subsection (b) of this Code section.
(e)(1) A certification provided by achieving the requirements established by the commission shall expire no later than three years after its issuance. (2) A certified individual shall be required to attend and participate in at least four hours of approved continuing education courses, as established by the commission, every three years. (3) A certification may be extended or renewed by meeting requirements established by the commission. (4) Revocation procedures may be established by the commission in consultation with the division and the Stakeholder Advisory Board."

SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick

Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S
Jordan Y Kaiser Y Keen
Keown Y Knight

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton

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Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Gordon Graves
Y Greene Y Hamilton 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 Knox Lakly
Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese E Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor
Scott, A

Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix E 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.

Representatives Keown of the 173rd 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 Martin of the 47th moved that the following Bill be taken from the table:

HB 528. By Representatives Martin of the 47th, Burkhalter of the 50th, Stephens of the 164th, Lane of the 158th and Roberts of the 154th:

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 provide for certificates of registration for cosmetic laser practitioners; to define a certain term; to provide certain requirements for one member of the State Board of Cosmetology; to provide for applications to be made to obtain a certificate of registration for three different levels of cosmetic laser practitioner; to provide continuing education for such practitioners; to provide for related matters; to repeal conflicting laws; and for other purposes.

The motion prevailed.

Representative Martin of the 47th moved that the House reconsider its action in adopting the Floor substitute to HB 528.

The motion prevailed.

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The following Bill of the House, having previously been read, was again taken up for consideration:

HB 528. By Representatives Martin of the 47th, Burkhalter of the 50th, Stephens of the 164th, Lane of the 158th and Roberts of the 154th:

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 provide for certificates of registration for cosmetic laser practitioners; to define a certain term; to provide certain requirements for one member of the State Board of Cosmetology; to provide for applications to be made to obtain a certificate of registration for three different levels of cosmetic laser practitioner; to provide continuing education for such practitioners; 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 Abrams Y Amerson N Ashe Y Barnard Y Bearden
Beasley-Teague N Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant N Buckner Y Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers N Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper

Y Dempsey Y Dickson N Dollar N 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
Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton
Hanner Y Harbin N Hatfield Y Heard, J Y Heard, K

Y Holt Y Horne Y Houston Y Howard Y Hudson N Hugley N Jackson N Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk

Y Martin Y Maxwell N May
McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal N Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston N Randall Y Reece Y Reese E Rice

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C Y Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet
Thomas, A.M N Thomas, B Y Tumlin N Walker N Watson
Wilkinson Y Willard Y Williams, A

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Y Cox Y Crawford, M N Crawford, R Y Davis, H Y Davis, S Y Day

E Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holmes

Y Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin

Y Roberts Y Rogers Y Royal Y Rynders N Sailor Y Scott, A

Y Williams, E Y Williams, M Y Williams, R N Wix E Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 139, nays 22.

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

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

HR 273. By Representatives Brooks of the 63rd, Mills of the 25th, Williams of the 165th, Coan of the 101st, Benfield of the 85th and others:

A RESOLUTION urging the Congress of the United States to continue to press for strong measures to end the violence in Sudan and urging the Securities and Exchange Commission to provide guidance to public pension fund managers in order to avoid investments which may be supporting nations involved in the support of terrorism or human rights violations; 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser

Martin Y Maxwell
May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver
O'Neal

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr

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Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Keen Y Keown Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese E Rice Y Roberts
Rogers Y Royal Y Rynders Y Sailor Y Scott, A

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

On the adoption of the Resolution, the ayes were 165, nays 0.

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

Representatives Beasley-Teague of the 65th 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 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 144. By Senators Murphy of the 27th, Hudgens of the 47th, Heath of the 31st, Rogers of the 21st and Whitehead, Sr. of the 24th:

A BILL to be entitled an Act to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions of insurance generally, so as to provide that individuals who receive group insurance benefits pursuant to Title 20 and Title 45 are exempt from this article so as to comply with the United States Internal Revenue Code; to provide an effective date; to repeal conflicting laws; and for other purposes.

TUESDAY, MARCH 27, 2007

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SB 276. By Senators Staton of the 18th, Harp of the 29th, Shafer of the 48th, Murphy of the 27th, Mullis of the 53rd and others:
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, so as to provide that an uninsured motor vehicle includes a motor vehicle for which the available coverages are inadequate to cover a person's bodily injury and property damage losses and that such motor vehicle shall be considered uninsured to the full extent of the limits of the uninsured motorist coverage provided under the insured's motor vehicle insurance policy; 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 130. By Senators Adelman of the 42nd, Pearson of the 51st, Weber of the 40th, Golden of the 8th, Stoner of the 6th and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly may provide by law for townships for the limited purposes of exercising the power of zoning and the regulation of land use development within the boundaries of such townships and provide for the funding and operation of such townships; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
SR 309. By Senators Grant of the 25th and Thompson of the 33rd:
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 Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 156. By Senators Balfour of the 9th, Cowsert of the 46th, Hawkins of the 49th and Stoner of the 6th:
A BILL to be entitled an Act to amend Article 2 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to minimum funding standards for public retirement systems, so as to provide that counties, municipal corporations, and other political subdivisions may provide post-

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employment benefits other than retirement or pension benefits; to define certain terms; to provide that such plans may be prefunded to comply with certain financial reporting, disclosure, and actuarial requirements; to provide that such funds shall be held in trust for the intended purpose; to provide that such funds are declared to be public property exempt from state and local taxation; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 172. By Senator Goggans of the 7th:
A BILL to be entitled an Act to amend provisions of the Official Code of Georgia Annotated relating to public employee health care; to amend Article 6 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the Georgia Retiree Health Benefit Fund, so as to provide for reports to the board of community health; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 183. By Senators Rogers of the 21st and Hill of the 32nd:
A BILL to be entitled an Act to amend Article 1 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to insurance agents, agencies, subagents, counselors, and adjusters, so as to authorize insurance agents to charge and collect certain fees under certain circumstances; to provide for the keeping of records of such fees charged and collected; to provide for separate receipts for such fees; to prohibit the collection of any fees not so authorized; to provide for related matters; to provide an effective date; to repeal conflict laws and for other purposes.
SB 187. By Senators Pearson of the 51st, Rogers of the 21st, Whitehead, Sr. of the 24th, Goggans of the 7th, Wiles of the 37th and others:
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 of the Department of Natural Resources, the Environmental Advisory Council, duties of the council and its members and the director, procedure for aggrieved persons, and inspections, so as to change certain provisions relating to review and approval or denial of applications for certain permits or variances; to provide for applicability and effect; to repeal conflicting laws; and for other purposes.
SB 190. By Senators Harp of the 29th, Meyer von Bremen of the 12th, Moody of the 56th, Goggans of the 7th, Thomas of the 54th and others:

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A BILL to be entitled an Act to amend Part 2 of Article 6 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to issues of insanity and mental incompetency in pretrial proceedings, so as to provide for definitions; to provide that the committing court may have discretion to allow evaluation in the community for certain defendants; to provide that the committing court can order an evaluation of the defendant; to provide for the committing court to conduct a civil commitment hearing on the defendant; 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 House was taken up for consideration and read the third time:
HB 2. By Representative Holt of the 112th:
A BILL to be entitled an Act to amend Chapter 36 of Title 36 of the O.C.G.A., relating to annexation of territory, so as to provide for a short title; to establish state policy regarding annexation; to provide that a municipal corporation having an independent school system may not annex property located in a county without the consent of the county governing authority; to provide for binding arbitration; to provide that, if a municipality proposes to annex property in which certain services are provided by the county or which is included in the county's comprehensive zoning plan, the county may demand arbitration; to provide for an injunction; to provide for binding arbitration; to provide for the applicability of general law; to provide for considerations; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL
To amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of territory, so as to provide that the provisions of Code Section 36-36-11, relating to the effect of an objection to land use following a rezoning and the minimum procedures for addressing related issues, shall not be used on or after July 1, 2007; to provide a procedure for resolving disputes between governing authorities relative to annexation; to provide for applicability; to provide for a notice of annexation; to provide for a prohibition on a change in zoning or land use; to provide for objection; to provide for grounds and procedures; to provide for an arbitration panel; to provide for membership, duties, and compensation; to provide for appeal; to provide for annexation following such procedures; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of territory, is amended by revising subsection (a) of Code Section 36-36-11, relating to the effect of an objection to land use following a rezoning and the minimum procedures for addressing related issues, as follows:
"(a) The intent of this Code section is to provide a mechanism to resolve disputes over land use arising out of the rezoning of property to a more intense land use in conjunction with or subsequent to annexation in order to facilitate coordinated planning between counties and municipalities particularly with respect to areas contiguous to municipal boundaries; provided, however, that on and after July 1, 2007, such dispute resolutions shall be governed by the provisions of Article 7 of this chapter and the provisions of this Code section shall be limited to proceedings initiated prior to such date."
SECTION 2. Said chapter is further amended by adding a new article to read as follows:
"ARTICLE 7
36-36-110. The procedures of this article shall apply to all annexations pursuant to this chapter but shall not apply to annexations by local Acts of the General Assembly.
36-36-111. Upon receipt of a petition of annexation, a municipal corporation shall notify the governing authority of the county in which the territory to be annexed is located, and, if the municipality has an independent school system, shall notify the county school system, in both instances by certified mail or by statutory overnight delivery. Such notice shall include a copy of the annexation petition which shall include the proposed zoning and land use for such area. The municipal corporation shall take no final action on such annexation except as otherwise provided in this article.
36-36-112. If no objection is received as provided in Code Section 36-36-113, the annexation may proceed as otherwise provided by law; provided, however, that as a condition of the annexation the municipal corporation shall not change the zoning or land use plan relating to the annexed property to a more intense density than that stated in the notice provided for in Code Section 36-36-111 for one year after the effective date of the annexation unless such change is made in the service delivery agreement or comprehensive plan and is adopted by the affected city and county and all required parties.

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36-36-113. (a) The county governing authority may by majority vote object to the annexation because of a material increase in burden upon the county directly related to any one or more of the following:
(1) The proposed change in zoning or land use; (2) Proposed increase in density; and (3) Infrastructure demands related to the proposed change in zoning or land use. (b) Delivery of services may not be a basis for a valid objection but may be used in support of a valid objection if directly related to one or more of the subjects enumerated in paragraphs (1), (2), and (3) of subsection (a) of this Code section. (c) The objection provided for in subsection (a) of this Code section shall document the nature of the objection specifically providing evidence of any financial impact forming the basis of the objection and shall be delivered to the municipal governing authority by certified mail or statutory overnight delivery to be received not later than the end of the thirtieth calendar day following receipt of the notice provided for in Code Section 3636-111. (d) In order for an objection pursuant to this Code section to be valid, the proposed change in zoning or land use must: (1) Differ in a material way from a county zoning ordinance or land use plan in effect covering the property to be annexed at the time the county receives the notice of annexation, or from the county's density standards for that property if the property is to be zoned for residential purposes; (2) Result in:
(A) A substantial change in the intensity of the allowable use of the property or a change to a significantly different allowable use; or (B) A use which significantly increases the net cost of infrastructure or significantly diminishes the value or useful life of a capital outlay project, as such term is defined in Code Section 48-8-110, which is furnished by the county to the area to be annexed; and (3) Differ substantially from the existing uses suggested for the property by the county's comprehensive land use plan or permitted for the property pursuant to the county's zoning ordinance or its land use ordinances.
36-36-114. (a) Not later than the fifteenth calendar day following the date the municipal corporation received the first objection provided for in Code Section 36-36-113, an arbitration panel shall be appointed as provided in this Code section. (b) The arbitration panel shall be composed of five members to be selected as provided in this subsection. The Department of Community Affairs shall develop three pools of arbitrators, one pool which consists of persons who are currently or within the previous six years have been municipal elected officials, one pool which consists of persons who are currently or within the previous six years have been county elected officials, and one pool which consists of persons with a master's degree or higher in public

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administration or planning and who are currently employed by an institution of higher learning in this state, other than the Carl Vinson Institute of Government. The pool shall be sufficiently large to ensure as nearly as practicable that no person shall be required to serve on more than two panels in any one calendar year and serve on no more than one panel in any given county in any one calendar year. The department is authorized to coordinate with the Georgia Municipal Association, the Association County Commissioners of Georgia, the Council of Local Governments, and similar organizations in developing and maintaining such pools. (c) Upon receiving notice of a disputed annexation, the department shall choose at random four names from the pool of municipal officials, four names from the pool of county officials, and three names from the pool of academics; provided, however, that none of such selections shall include a person who is a resident of the county which has interposed the objection or any municipal corporation located wholly or partially in such county. The municipal corporation shall be permitted to strike or excuse two of the names chosen from the county officials pool; the county shall be permitted to strike or excuse two of the names chosen from the municipal officials pool; and the county and municipal corporation shall each be permitted to strike or excuse one of the names chosen from the academic pool. (d) Prior to being eligible to serve on any of the three pools, persons interested in serving on such panels shall receive joint training in alternative dispute resolution together with zoning and land use training, which may be designed and overseen by the Carl Vinson Institute of Government in conjunction with the Association County Commissioners of Georgia and the Georgia Municipal Association, provided such training is available. (e) At the time any person is selected to serve on a panel for any particular annexation dispute, he or she shall sign the following oath: 'I do solemnly swear or affirm that I will faithfully perform my duties as an arbitrator in a fair and impartial manner without favor or affection to any party, and that I have not and will not have any ex parte communication regarding the facts and circumstances of the matters to be determined, other than communications with my fellow arbitrators, and will only consider, in making my determination, those matters which may lawfully come before me.'
36-36-115. (a)(1) The arbitration panel appointed pursuant to Code Section 36-36-114 shall meet as soon after appointment as practicable and shall receive evidence and argument from the municipal corporation, the county, and the applicant or property owner and shall by majority vote render a decision which shall be binding on all parties to the dispute as provided for in this article not later than the sixtieth day following such appointment. The meetings of the panel in which evidence is submitted or arguments of the parties are made shall be open to the public pursuant to Chapter 14 of Title 50. The panel shall first determine the validity of the grounds for objection as specified in the objection. If an objection involves the financial impact on the county as a result of a change in zoning or land use or the provision of maintenance of infrastructure,

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the panel shall quantify such impact in terms of cost. As to any objection which the panel has determined to be valid, the panel, in its findings, may establish reasonable zoning, land use, or density conditions applicable to the annexation and propose any reasonable mitigating measures as to an objection pertaining to infrastructure demands. (2) In arriving at its determination, the panel shall consider:
(A) The existing comprehensive land use plans of both the county and city; (B) The existing land use patterns in the area of the subject property; (C) The existing zoning patterns in the area of the subject property; (D) Each jurisdiction's provision of infrastructure to the area of the subject property; (E) Whether the county has approved similar changes in intensity or allowable uses on similar developments in other unincorporated areas of the county; (F) Whether the county has approved similar developments in other unincorporated areas of the county which have a similar impact on infrastructure as complained of by the county in its objection; and (G) Whether the infrastructure or capital outlay project which is claimed adversely impacted by the county in its objection was funded by a county-wide tax. (3) The county shall provide supporting evidence that its objection is consistent with its land use plan and the pattern of existing land uses and zonings in the area of the subject property. (4) The county shall bear at least 75 percent of the cost of the arbitration. The panel shall apportion the remaining 25 percent of the cost of the arbitration equitably between the city and the county as the facts of the appeal warrant; provided, however, that if the panel determines that any party has advanced a position that is substantially frivolous, the costs shall be borne by the party that has advanced such position. (5) The panel shall deliver its findings and recommendations to the parties by certified mail or statutory overnight delivery. (b) If the decision of the panel contains zoning, land use, or density conditions, the findings and recommendations of the panel shall be recorded in the deed records of the county with a caption describing the name of the current owner of the property, recording reference of the current owner's acquisition deed and a general description of the property, and plainly showing the expiration date of any restrictions or conditions. (c) The arbitration panel shall be dissolved on the tenth day after it renders its findings and recommendations but may be reconvened as provided in Code Section 36-36-116. (d) The members of the arbitration panel shall receive the same per diem, expenses, and allowances for their service on the committee as is authorized by law for members of interim legislative study committees. (e) If the panel so agrees, any one or more additional annexation disputes which may arise between the parties prior to the panel's initial meeting may be consolidated for the purpose of judicial economy if there are similar issues of location or similar objections raised to such other annexations or the property to be annexed in such other annexations is within 2,500 feet of the subject property.

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36-36-116. The municipal or county governing authority or an applicant for annexation may appeal the decision of the arbitration panel by filing an action in the superior court of the county within ten calendar days from receipt of the panel's findings and recommendations. The sole grounds for appeal shall be to correct errors of fact or of law, the bias or misconduct of an arbitrator, or the panel's abuse of discretion. The superior court shall schedule an expedited appeal and shall render a decision within 20 days from the date of filing. If the court finds that an error of fact or law has been made, that an arbitrator was biased or engaged in misconduct, or that the panel has abused its discretion, the court shall issue such orders governing the proposed annexation as the circumstances may require, including remand to the panel. Any unappealed order shall be binding upon the parties. The appeal shall be assigned to a judge who is not a judge in the circuit in which the county is located.
36-36-117. If the annexation is completed after final resolution of any objection, whether by agreement of the parties, act of the panel, or court order as a result of an appeal, the municipal corporation shall not change the zoning, land use, or density of the annexed property for a period of one year unless such change is made in the service delivery agreement or comprehensive plan and adopted by the affected city and county and all required parties. Following the conclusion of the dispute resolution process outlined in this article, the municipal corporation and an applicant for annexation may either accept the recommendations of the arbitration panel and proceed with the remaining annexation process or abandon the annexation proceeding. A violation of the conditions set forth in this Code section may be enforced thereafter at law or in equity until such conditions have expired as provided in this Code section.
36-36-118. If at any time during the proceedings the municipal corporation or applicant abandons the proposed annexation, the county shall not change the zoning, land use, or density affecting the property for a period of one year unless such change is made in the service delivery agreement or comprehensive plan and adopted by the affected city and county and all required parties. A violation of the conditions set forth in this Code section may be enforced thereafter at law or in equity until such period has expired. After final resolution of any objection, whether by agreement of the parties, act of the panel, or any appeal from the panel's decision, the terms of such decision shall remain valid for the one-year period and such annexation may proceed at any time during the one year without any further action or without any further right of objection by the county.
36-36-119. The county and municipal governing authorities shall negotiate in good faith throughout the annexation proceedings provided by this article and may at any time enter into a written agreement governing the annexation. If such agreement is reached

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after the arbitration panel has been appointed and before its dissolution, such agreement shall be adopted by the panel as its findings and recommendations. If such agreement is reached after an appeal is filed in the superior court and before the court issues an order, such agreement shall be made a part of the court's order. Any agreement reached as provided in this Code section shall be recorded as provided in Code Section 36-36115."

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Fleming of the 117th moves to amend the Committee substitute to HB 2 as follows:

Strike on line 23, Page 1,

."

Add on line 23 in its place, Page 1,

if local legislation has been enacted opting a county into this new procedure."

Renumber accordingly.

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

N Abdul-Salaam N Abrams N Amerson N Ashe Y Barnard Y Bearden N Beasley-Teague N Benfield N Benton N Black Y Bridges N Brooks N Bruce Y Bryant N Buckner N Burkhalter N Burns Y Butler N Byrd

N Dempsey N Dickson N Dollar Y Drenner E Dukes N Ehrhart N England N Epps N Everson Y Fleming N Floyd, H N Floyd, J N Fludd N Forster N Franklin N Frazier N Freeman N Gardner Y Geisinger

N Holt N Horne N Houston N Howard N Hudson N Hugley N Jackson N Jacobs N James N Jamieson N Jenkins N Jerguson N Johnson, C E Johnson, T N Jones, J N Jones, S N Jordan N Kaiser N Keen

Martin N Maxwell N May N McCall N McKillip N Meadows N Millar N Mills N Mitchell
Morgan N Morris
Mosby N Mumford N Murphy N Neal Y Nix Y Oliver Y O'Neal
Parham

N Scott, M N Sellier N Setzler N Shaw N Sheldon N Shipp Y Sims, B N Sims, C N Sims, F N Sinkfield N Smith, B N Smith, L N Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner N Starr N Stephens

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N Carter, A N Carter, B
Casas N Chambers N Channell N Cheokas N Coan
Cole N Coleman N Collins N Cooper Y Cox N Crawford, M N Crawford, R N Davis, H N Davis, S N Day

N Glanton Y Golick N Gordon N Graves N Greene N Hamilton N Hanner Y Harbin N Hatfield Y Heard, J Y Heard, K E Heckstall N Hembree N Henson N Hill, C N Hill, C.A N Holmes

N Keown N Knight Y Knox N Lakly N Lane, B N Lane, R N Levitas N Lewis N Lindsey N Lord N Loudermilk Y Lucas N Lunsford N Maddox N Mangham Y Manning N Marin

N Parrish N Parsons N Peake Y Porter N Powell Y Pruett N Ralston N Randall N Reece N Reese E Rice N Roberts Y Rogers N Royal N Rynders Y Sailor N Scott, A

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

On the adoption of the amendment, the ayes were 28, nays 138.

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B

Y Dempsey Y Dickson Y Dollar Y Drenner E Dukes Y Ehrhart Y England Y Epps Y Everson N Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton N Golick

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight

N Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mumford N Murphy Y Neal Y Nix N Oliver
O'Neal Y Parham Y Parrish Y Parsons

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp N Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R
Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton

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Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole N Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Gordon Y Graves Y Greene Y Hamilton Y Hanner N Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

N Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis N Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham N Manning Y Marin

Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece N Reese E Rice Y Roberts Y Rogers Y Royal Y Rynders N Sailor Y Scott, A

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

On the passage of the Bill, by substitute, the ayes were 156, nays 14.

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

Representative Channell of the 116th moved that the following Bill of the House be withdrawn from the Rules Calendar and recommitted to the Committee on Rules:

HB 337. By Representatives Graves of the 12th, Ehrhart of the 36th, Butler of the 18th, Coan of the 101st, Knox of the 24th and others:

A BILL to be entitled an Act to amend Code Section 31-6-2 of the Official Code of Georgia Annotated, relating to definitions relative to state health planning and development, so as to revise the definition of "new institutional health service"; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard N Bearden Y Beasley-Teague Y Benfield
Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant

Y Dempsey N Dickson Y Dollar N Drenner E Dukes N Ehrhart Y England Y Epps Y Everson N Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster

N Holt N Horne N Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins N Jerguson Y Johnson, C E Johnson, T

N Martin Y Maxwell N May Y McCall Y McKillip N Meadows N Millar Y Mills Y Mitchell
Morgan N Morris Y Mosby Y Mumford Y Murphy

N Scott, M Y Sellier N Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L N Smith, R Y Smith, T

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Y Buckner N Burkhalter Y Burns N Butler
Byrd Y Carter, A N Carter, B
Casas N Chambers Y Channell Y Cheokas N Coan
Cole Y Coleman
Collins N Cooper N Cox Y Crawford, M Y Crawford, R Y Davis, H N Davis, S Y Day

N Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton N Golick Y Gordon N Graves Y Greene N Hamilton Y Hanner Y Harbin N Hatfield Y Heard, J N Heard, K E Heckstall N Hembree Y Henson N Hill, C N Hill, C.A Y Holmes

Jones, J Y Jones, S Y Jordan N Kaiser N Keen Y Keown N Knight N Knox Y Lakly N Lane, B Y Lane, R N Levitas N Lewis Y Lindsey Y Lord N Loudermilk
Lucas N Lunsford Y Maddox Y Mangham Y Manning Y Marin

N Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons N Peake N Porter Y Powell Y Pruett Y Ralston
Randall Y Reece N Reese E Rice Y Roberts N Rogers Y Royal N Rynders Y Sailor N Scott, A

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

On the motion, the ayes were 112, nays 52.

The motion prevailed.

Due to a mechanical malfunction, the vote of Representative Collins of the 27th 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 passed by the requisite constitutional majority the following bills of the Senate:

SB 191. By Senators Brown of the 26th, Johnson of the 1st and Balfour of the 9th:

A BILL to be entitled an Act to amend Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, so as to prohibit the naming of any public building, site, structure, road, highway, street, intersection, interchange, bridge, or other public property for Senator Robert Brown of Macon, Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes.

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SB 192. By Senators Shafer of the 48th, Hill of the 4th, Thomas of the 54th, Hooks of the 14th and Hudgens of the 47th:
A BILL to be entitled an Act to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident reparations, so as to provide that a person who has been granted a valid certificate of selfinsurance in another state may qualify as a self-insurer in this state; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 205. By Senators Thomas of the 54th, Balfour of the 9th, Henson of the 41st, Wiles of the 37th, Unterman of the 45th 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 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.
SB 213. By Senators Shafer of the 48th, Hudgens of the 47th and Moody of the 56th:
A BILL to be entitled an Act to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transaction of insurance, so as to provide that the Commissioner of Insurance is authorized to waive retaliatory obligations, prohibitions, or restrictions under certain circumstances; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 218. By Senator Tarver of the 22nd:
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 an exemption on the homestead of certain disabled persons for the total value of the homestead; to provide that motor vehicles owned by certain disabled persons shall be exempt from ad valorem taxation; to provide for referenda, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
SB 219. By Senators Hamrick of the 30th, Mullis of the 53rd and Carter of the 13th:
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

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seizure and forfeiture of motor vehicles operated by a person to facilitate certain sexual offenses; to provide for procedure; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
SB 223. By Senator Smith of the 52nd:
A BILL to be entitled an Act to amend Code Section 15-11-18 of the Official Code of Georgia Annotated, relating to creation of juvenile courts, terms and compensation of judges, state grants for judicial salaries, qualifications, presiding judge, practice of law, actions by judges, administration, and expenditures, so as to change certain provisions relating to compensation of judges and grants for judicial salaries; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 225. By Senators Stoner of the 6th, Thompson of the 5th, Jones of the 10th, Hill of the 32nd and Rogers of the 21st:
A BILL to be entitled an Act to amend Chapter 44 of Title 36 of the Official Code of Georgia Annotated, relating to redevelopment powers, so as require training with respect to redevelopment powers, programs, and tax allocation districts; to create the Redevelopment Powers Training Board; to provide for members, powers, duties, and authority; to provide for funding; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 226. By Senators Harp of the 29th, Hill of the 4th, Hudgens of the 47th, Chapman of the 3rd and Tolleson of the 20th:
A BILL to be entitled an Act 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 qualified soil scientists shall be accepted by the Department of Natural Resources for certain purposes; to define certain terms; 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 evaluations and reports of qualified soil scientists shall be accepted by the Department of Human Resources for certain purposes; to define certain terms; to repeal conflicting laws; and for other purposes.
SB 232. By Senators Smith of the 52nd, Cowsert of the 46th, Reed of the 35th and Meyer von Bremen of the 12th:

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1737

A BILL to be entitled an Act to amend Article 2 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to court reports, so as to remove the requirement of publishing a volume of rules from the definition of reports; to provide for the maintenance of a rules compilation; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 251. By Senator Thompson of the 5th:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 40 of the O.C.G.A., relating to the registration and licensing of motor vehicles, so as to require the establishment by the Department of Revenue of an Internet website for stolen and towed motor vehicles; to require that each tow truck or wrecker operator shall post the vehicle identification numbers and license plate numbers of certain motor vehicles that are towed by such operator on such website within certain periods of time; to provide for penalties for failing to post such information; to require law enforcement agencies in this state to post the vehicle identification numbers and license plate numbers of stolen vehicles on such website; to provide for enforcement by the Department of Revenue; to provide for related matters; to repeal conflicting laws; and for other purposes.
Representative Keen of the 179th moved that the House do now adjourn until 1:00 o'clock, P.M., tomorrow, and the motion prevailed.
The Speaker announced the House adjourned until 1:00 o'clock, P.M., tomorrow.

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Representative Hall, Atlanta, Georgia

Wednesday, March 28, 2007

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 Abrams Ashe Barnard Bearden E Beasley-Teague Benton Black Bridges Brooks Bryant Buckner Burkhalter Burns Byrd Carter, A Carter, B Casas Chambers Cheokas Coan Cole Coleman Collins Cooper Cox Crawford, M Crawford, R

Davis, H Davis, S E Day Dempsey Dickson Dollar Drenner E Dukes Ehrhart England Everson Fleming Floyd, H Floyd, J Franklin Frazier Freeman Gardner Geisinger Glanton E Golick Gordon E Graves Greene Hamilton Hanner Hatfield Heard, J

Heard, K E Heckstall
Hembree Holmes Holt Houston Howard Hudson Jackson Jacobs Jamieson Jenkins Jerguson Johnson, C Johnson, T Jones, J Jordan Kaiser Keown Knox Lakly Lane, B Lane, R Levitas Lewis Lindsey Lord Loudermilk

Lucas Lunsford Maddox Manning Marin Martin Maxwell May McKillip Meadows Mills Mitchell Mosby Mumford Murphy Neal Nix O'Neal Parrish Parsons Peake Porter Pruett Ralston E Reece Reese Rice Roberts

Rogers Royal Rynders E Scott, A Scott, M Sellier Setzler Shaw Sims, B Smith, L Smith, R Smith, T Smith, V Starr Stephens Talton Teilhet Thomas, B Tumlin E Watson Wilkinson Willard Williams, A Williams, E Williams, M 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, Bruce of the 64th, Butler of the 18th, Channell of the 116th, Epps of the 128th, Fludd of the 66th, Forster of the 3rd, Harbin of the 118th, Henson of the 87th, Hill of the 21st, Hill of the 180th, Horne of the 71st, Hugley of the 133rd, James of the 135th, Jones of the 44th, Keen of the 179th, Knight of the 126th, Mangham of the 94th, McCall of the 30th, Millar of the 79th, Morgan of the 39th, Morris of the 155th, Oliver of the 83rd, Parham of the 141st, Powell of the 29th, Randall of the 138th, Sheldon of the 105th, Shipp of the 58th, Sims of the 151st, Sims of the 169th, Sinkfield of the 60th, Smith of the 113th, Smyre of the 132nd, Stanley-Turner of the

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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.
The following communication was received:
March 28, 2007
To: Hon. Robbie Rivers Clerk of the House
From: Rep. Virgil Fludd
Robbie,
I would like to have my vote recorded on HB 311 in the affirmative. I was away from my desk and wish to go on record with a "yes" vote on this important bill.
Thanks in advance for your consideration.
Regards, /s/ Virgil Fludd
Prayer was offered by Rabbi Zalmar Lipsker, Chabad Emory Jewish Student Center, Decatur, Georgia.
The members pledged allegiance to the flag.
Representative Lakly of the 72nd, 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.

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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 759. By Representative Bearden of the 68th:
A BILL to be entitled an Act to amend Article 5 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, the "Natural Gas Competition and Deregulation Act," so as to provide that the Public Service Commission shall adopt certain rules with respect to charges for natural gas used in a structure in which broilers, pullets, or other poultry are raised; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
HB 760. By Representative Bearden of the 68th:
A BILL to be entitled an Act to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, so as to authorize certain water and sewer authorities and storm-water utilities to be certified as local issuing authorities; 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 761. By Representatives Smith of the 129th and Buckner of the 130th:
A BILL to be entitled an Act to amend an Act placing the coroner of Harris County upon a monthly salary, approved March 10, 1964 (Ga. L. p. 2623), as amended, so as to fix the compensation of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 762. By Representatives Crawford of the 127th and Sellier of the 136th:
A BILL to be entitled an Act to authorize Upson County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 763. By Representative Morris of the 155th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Soperton, approved March 14, 1984 (Ga. L. 1984, p. 4212), as amended, particularly by an Act approved March 15, 2004 (Ga. L. 2004, p. 3863), so as to annex certain tracts or parcels of land into the City of Soperton and to change the description of the council districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 764. By Representative Peake of the 137th:
A BILL to be entitled an Act to create and establish a new charter for Payne City and to define its territorial limits; to create a municipal government; to authorize said city to acquire and own property; to provide for the sale of property; to provide for the present mayor and council; to provide for ordinances; to provide for a mayor and four councilmembers and to prescribe their qualifications, manner of election, term of office, powers, rights, privileges, and duties; to provide for elections; to provide for filling vacancies; to provide for a municipal court; to provide for taxation; to authorize said city to regulate businesses, trades, and professions; to provide for zoning; to provide rules and regulations; to provide for a board of health; to provide for the purchase or sale of all public utility services; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 765. By Representatives Royal of the 171st and Parrish of the 156th:
A BILL to be entitled an Act to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning and development, so as to exempt licensed pharmacists and their licensed agents, practicing under a home health agency or home infusion agency, who administer injectable medications in a patient's home from certificate of need requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Committee on Certificate of Need.
HB 766. By Representatives Smith of the 129th, Smyre of the 132nd, Hugley of the 133rd, Smith of the 131st and Buckner of the 130th:
A BILL to be entitled an Act to amend an Act creating the Muscogee County School District, approved February 25, 1949 (Ga. L. 1949, p. 1086), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4192), so as to exclude routine operation, repair, or maintenance of existing structures, buildings, or real property from the definition of public works construction; to change the maximum amount for which the superintendent of the board of education may make contracts, other than public works construction contracts, for supplies, labor, repairs, and other necessary school purposes, to $15,000.00; to change to $15,000.00 the amount of purchases under public construction contracts that can be expended without affording free competition; to provide for rules and regulations; to provide definitions; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 767. By Representatives Williams of the 165th, Barnard of the 166th and Stephens of the 164th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide a homestead exemption from Liberty County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead," approved May 17, 2004 (Ga. L. 2004, p. 3818), so as to define a certain term so that such exemption shall extend to repairs or improvements to the homestead not exceeding 5 percent; to provide for a referendum, effective dates, applicability, and automatic repeal; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Intragovernmental Coordination - Local.
HB 768. By Representatives Williams of the 165th, Barnard of the 166th and Stephens of the 164th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide a homestead exemption from Liberty County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead," approved May 17, 2004 (Ga. L. 2004, p. 3821), so as to define a certain term so that such exemption shall extend to repairs or improvements to the homestead not exceeding 5 percent; to provide for a referendum, effective dates, applicability, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 769. By Representative Sheldon of the 105th:
A BILL to be entitled an Act to authorize the City of Dacula 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 Intragovernmental Coordination - Local.
HB 770. By Representatives Day of the 163rd, Neal of the 1st, Horne of the 71st and Bearden of the 68th:
A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to definitions relative to postsecondary education, so as to prohibit the admission of nonimmigrant foreign students who are members of terrorist organizations or from terrorist countries into postsecondary schools receiving state funds; 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 - Local.

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HB 771. By Representative Maxwell of the 17th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Buchanan ad valorem taxes for municipal purposes in the amount of $35,000.00 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 Intragovernmental Coordination - Local.
HB 772. By Representatives Richardson of the 19th and Maxwell of the 17th:
A BILL to be entitled an Act to create the Paulding County Facilities and Technology Authority and to provide for the appointment of members of the authority and the general purpose of the authority; to define terms; 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 fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for the validation of bonds; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 773. By Representatives Richardson of the 19th and Maxwell of the 17th:
A BILL to be entitled an Act to create a board of elections and registration for Paulding County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment;

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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.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 774. By Representatives Powell of the 29th and Bearden of the 68th:
A BILL to be entitled an Act 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 repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 775. By Representatives Mills of the 25th, Rogers of the 26th and Collins of the 27th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners for Hall County, approved March 21, 1935 (Ga. L. 1935, p. 661), as amended, particularly by an Act approved April 6, 1992 (Ga. L. 1992, p. 5327), so as to change the provisions of law concerning the expense allowance received by the chairperson and members of the Board of Commissioners of Hall County; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 776. By Representatives Dempsey of the 13th, Reece of the 11th, Loudermilk of the 14th and Crawford of the 16th:
A BILL to be entitled an Act to amend an Act providing for the filling of vacancies in the membership of the Hospital Authority of Floyd County, approved March 1, 1973 (Ga. L. 1973, p. 2057), as amended, so as to change certain provisions relating to the manner of filling such vacancies; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 777. By Representative Tumlin of the 38th:
A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to general provisions relative to housing authorities, so as to change certain provisions relating to consolidated housing authorities for two or more municipalities; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 778. By Representative Barnard of the 166th:
A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to bingo, so as to provide that certain fraternal organizations may sell certain games of chance; to define certain terms; to provide that nonprofit fraternal organizations may sell pull tab games; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 779. By Representative Barnard of the 166th:
A BILL to be entitled an Act to amend Article 6 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to agreements for probation services, so as to establish a minimum supervision fee which shall be charged under agreements for private probation supervision services; to authorize the supervision of certain felony offenders pursuant to such agreements for private probation supervision services; to authorize certain probation officers to supervise certain nonviolent felony offenders; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 780. By Representatives Manning of the 32nd, Parsons of the 42nd, Tumlin of the 38th, Franklin of the 43rd, Setzler of the 35th 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 1, 2006 (Ga. L. 2006, p. 3990), so as to change the compensation of the

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deputy clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 781. By Representative Loudermilk of the 14th:
A BILL to be entitled an Act to create the Adairsville Building Authority as a public corporation and an instrumentality of the State of Georgia; to authorize the authority to acquire, construct, own, and convey real property and personal property and to sue and be sued; to authorize the authority to enter into intergovernmental contracts and contracts with private persons; to confer upon the authority the power of eminent domain; to authorize the authority to enter into contracts, lease agreements, and installment sale agreements; to authorize the authority to accept grants and gifts; to authorize the authority to fix and collect fees and charges for the use or for the rental of its facilities; to provide for the membership of the authority; to authorize the authority to acquire, construct, equip, maintain, and operate projects; to authorize the authority to acquire the necessary property therefor and to lease or sell any or all of such facilities; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 782. By Representatives Ralston of the 7th and Graves of the 12th:
A BILL to be entitled an Act to provide that investigators appointed to assist the district attorney of the Appalachian Judicial Circuit may be authorized by the district attorney to make arrests; to provide a procedure for such written authorization; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 783. By Representative Ralston of the 7th:
A BILL to be entitled an Act to amend an Act creating the board of commissioners of Gilmer County, approved March 27, 1995 (Ga. L. 1995, p. 3824), as amended, so as to provide for staggered election of the members of the board of commissioners; to provide for continuation in office of the current chairperson and members of the board of commissioners; to provide for election and terms of office of successors; to provide for submission of

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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 Intragovernmental Coordination - Local.
HB 784. By Representatives Jordan of the 77th, Abdul-Salaam of the 74th, Johnson of the 75th, Starr of the 78th and Sinkfield of the 60th:
A BILL to be entitled an Act to authorize the City of Riverdale 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 Intragovernmental Coordination - Local.
HR 619. By Representatives Levitas of the 82nd, Chambers of the 81st, Jacobs of the 80th, Howard of the 121st, Buckner of the 130th and others:
A RESOLUTION urging the Jekyll Island Authority to protect the south end of Jekyll Island from development; and for other purposes.
Referred to the Committee on State Institutions & Property.
HR 662. By Representatives Byrd of the 20th, England of the 108th, Davis of the 122nd, McCall of the 30th and Stephens of the 164th:
A RESOLUTION creating the House Georgia Bioeconomic Development Study Committee; and for other purposes.
Referred to the Committee on Special Rules.
HR 663. By Representatives Carter of the 159th, Cooper of the 41st and Rynders of the 152nd:
A RESOLUTION creating the House Study Committee on Pain Management; 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:

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HB 726 HB 727 HB 728 HB 729 HB 730 HB 731 HB 732 HB 733 HB 734 HB 735 HB 736 HB 737 HB 738 HB 739 HB 740 HB 741 HB 742 HB 743 HB 744 HB 745 HB 746 HB 747 HB 748 HB 749 HB 750 HB 751 HB 752 HB 753 HB 754 HB 755 HB 756 HB 757

HB 758 HR 596 HR 597 HR 605 HR 609 SB 33 SB 67 SB 80 SB 111 SB 123 SB 132 SB 134 SB 139 SB 145 SB 146 SB 148 SB 153 SB 154 SB 169 SB 174 SB 176 SB 177 SB 178 SB 184 SB 185 SB 193 SB 194 SB 203 SB 212 SB 220 SR 20

Representative Morris of the 155th District, Chairman of the Committee on Code Revision, submitted the following report:

Mr. Speaker:

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

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SB 103 SB 104 SB 124

Do Pass Do Pass Do Pass

Respectfully submitted, /s/ Morris of the 155th
Chairman

Representative Rynders of the 152nd District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

Your Committee on Intragovernmental Coordination - 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 552 HB 647 HB 688 HB 689 HB 690 HB 693 HB 694 HB 696 HB 697 HB 698

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

HB 700 HB 702 HB 703 HB 704 HB 705 HB 706 HB 708 HB 712 HB 723 HB 724

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

Respectfully submitted, /s/ Rynders of the 152nd
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 664 Do Pass The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR WEDNESDAY, MARCH 28, 2007

Mr. Speaker and Members of the House:

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The Committee on Rules has fixed the calendar for this 31st Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

HR 55 HR 523

Family literacy; local communities; express support (HumR-Walker-107th) Local school systems; honor Veterans' Day; urge (D&VA-Yates-73rd)

Modified Open Rule

None

Modified Structured Rule

None

Structured Rule

None

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

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

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

HB 552. By Representatives Everson of the 106th and Casas of the 103rd:

A BILL to be entitled an Act to authorize the City of Snellville 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.

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HB 647. By Representatives Setzler of the 35th, Tumlin of the 38th, Cooper of the 41st, Johnson of the 37th, Wix of the 33rd and others:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, 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 688. By Representative Hudson of the 124th:
A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Hancock County, approved April 5, 1993 (Ga. L. 1993, p. 4524), as amended, so as to change provisions relating to terms for the board members; 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 689. By Representatives England of the 108th and Sheldon of the 105th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Auburn, approved February 17, 1949 (Ga. L. 1949, p. 807), as amended, particularly by an Act approved April 19, 1989 (Ga. L. 1989, p. 5011), so as to change the corporate boundaries of the city; to deannex certain property from 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 690. By Representative Houston of the 170th:
A BILL to be entitled an Act to repeal an Act providing that the judge of the Probate Court of Cook County shall serve as chief magistrate of the Magistrate Court of Cook County, approved March 12, 1984 (Ga. L. 1984, p. 4090), as amended, particularly by an Act approved March 25, 1996 (Ga. L. 1996, p. 3609), so as to provide for the election of the chief magistrate of the Magistrate Court of Cook County; to provide for the filling of vacancies; to provide for submission of the Act for preclearance; to provide for related

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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 693. By Representatives Nix of the 69th and Smith of the 70th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide for homestead exemptions from Heard County ad valorem taxes for county purposes and from Heard County School District ad valorem taxes for educational purposes for certain residents of that county and school district," approved April 13, 1992 (Ga. L. 1992, p. 6107), so as to increase the homestead exemption from school district taxes for citizens age 65 and older; 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 694. By Representatives Nix of the 69th and Smith of the 70th:
A BILL to be entitled an Act to amend an Act entitled "An Act to create the Franklin-Heard County Water Authority," approved March 21, 1984 (Ga. L. 1984, p. 4613), as amended, so as to provide a quorum; to provide for a unanimous vote on any official action; to 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 696. By Representatives Roberts of the 154th and Morris of the 155th:
A BILL to be entitled an Act to provide a new charter for the City of Alamo; 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 administrative affairs and responsibilities; to

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provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for other matters relative to the foregoing; to repeal a specific 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 697. By Representatives Benton of the 31st and McCall of the 30th:
A BILL to be entitled an Act to amend an Act entitled "An Act to create a board of county commissioners for the county of Jackson," approved December 18, 1901 (Ga. L. 1901, p. 257), as amended, particularly by an Act approved March 16, 1999 (Ga. L. 1999, p. 3570), so as to change voting by the chairperson; to 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 698. By Representative Lewis of the 15th:
A BILL to be entitled an Act to authorize the City of Cartersville 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 700. By Representatives Williams of the 89th, Millar of the 79th, Benfield of the 85th, Oliver of the 83rd, Levitas of the 82nd 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 provide an exemption for certain constitutional officers regarding the Chief Executive's authority to enforce certain provisions regarding the county budget; to establish rules and regulate purchasing; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 702. By Representative Henson of the 87th:
A BILL to be entitled an Act to authorize the City of Pine Lake 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 703. By Representatives Jordan of the 77th, Johnson of the 75th, Heckstall of the 62nd, Glanton of the 76th, Sinkfield of the 60th and others:
A BILL to be entitled an Act to amend an Act providing for the appointment of the chief magistrate of the Magistrate Court of Clayton County, approved March 21, 1984 (Ga. L. 1984, p. 4411), as amended, so as to provide for annual salary increases of 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.
HB 704. By Representatives Jordan of the 77th, Heckstall of the 62nd, Johnson of the 75th, Sinkfield of the 60th and Abdul-Salaam of the 74th:
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 May 5, 2006 (Ga. L. 2006, p. 4656), 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.
HB 705. By Representatives Carter of the 159th and Burns of the 157th:

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A BILL to be entitled an Act to create a board of elections and registration for Effingham 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 certain personnel; 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 706. By Representatives Carter of the 159th and Burns of the 157th:
A BILL to be entitled an Act to abolish the elected office of county surveyor for Effingham County; to provide for the appointment of a county surveyor; to provide for a term of office; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 708. By Representatives Maxwell of the 17th and Richardson of the 19th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Dallas in Paulding County, approved March 24, 1988 (Ga. L. 1988, p. 4121), as amended, so as to repeal provisions relating to the chief executive officer, city clerk, police chief, and removal of the city clerk or police chief; to provide for powers and duties of the mayor; to provide for administrative responsibilities of the city manager; to provide for the removal of the city manager; to provide for the appointment of a temporary city manager; to provide for duties and powers of the city manager; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 712. By Representatives Mangham of the 94th, Williams of the 89th, Watson of the 91st, Mosby of the 90th, Benfield of the 85th and others:

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A BILL to be entitled an Act to provide for a nonbinding, advisory referendum for residents of the DeKalb County School System regarding whether school uniforms should be required by the DeKalb County Board of Education for students in kindergarten through ninth grades and subsequently phased in through grade 12; to provide for legislative purposes and findings; to provide for procedures and requirements relating thereto; to provide for a referendum; to provide for submission for preclearance; 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 723. By Representative Hatfield of the 177th:
A BILL to be entitled an Act to amend an Act providing for the election of the members of the board of education for Charlton County, approved April 17, 1975 (Ga. L. 1975, p. 3952), as amended, so as to change provisions relating to board of education districts; to provide for members currently serving; to provide for submission of this Act to the United States Department of Justice; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 724. By Representative Hatfield of the 177th:
A BILL to be entitled an Act to amend an Act creating the board of commissioners for Charlton County, approved August 4, 1927 (Ga. L. 1927, p. 529), as amended, so as to change provisions relating to commissioner districts; to provide for members currently serving; to provide for submission of this Act to the United States Department of Justice; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
By unanimous consent, the following roll call vote was made applicable to the previously read Bills.
On the passage of the Bills, the roll call was ordered and the vote was as follows:

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Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole
Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S E Day

Y Dempsey Y Dickson Y Dollar Y 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson
Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas
Lunsford Y Maddox
Mangham Y Manning Y Marin

Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell
Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor E Scott, A

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

On the passage of the Bills, the ayes were 164, 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:

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The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 224. By Senators Hudgens of the 47th, Chapman of the 3rd, Rogers of the 21st, Moody of the 56th, Murphy of the 27th and others:
A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the definition of commercial vehicle policy and fleet policy; to repeal Code Section 40-5-71 of the Official Code of Georgia Annotated, relating to notice of insurance issuance, renewal, or termination of drivers licenses, and incorporate the provisions thereof in Code Section 40-2-137; to change the term "commercial vehicle policy" to "commercially insured vehicle policy"; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 236. By Senators Rogers of the 21st, Hudgens of the 47th, Thompson of the 33rd, Goggans of the 7th, Hawkins of the 49th and others:
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 definitions; to provide for notification by certain state agencies upon a breach of security regarding personal information; to amend Article 8 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to the offense of identity fraud, so as to change certain provisions relating to the elements of the offense of identity fraud; to provide for a victim's right to file a report with a law enforcement agency; to provide a short title; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 238. By Senator Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Code Section 16-10-94 of the Official Code of Georgia Annotated, relating to tampering with evidence, so as to remove the requirement that such offense involve another person; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 239. By Senator Goggans of the 7th:
A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions regarding workers compensation, so as to provide a definition for the term "farm laborers"; to provide for the applicability of Chapter 9 of Title 34; to repeal conflicting laws: and for other purposes.

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SB 246. By Senators Mullis of the 53rd, Thomas of the 54th, Hill of the 4th, Powell of the 23rd and Stoner of the 6th:
A BILL to be entitled an Act to amend Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to standards and requirements for construction, alteration, etc. of buildings and other structures, so as to amend provisions relating to the appointment and vacancies of members to the advisory committee on industrialized buildings; to provide for changes to the composition of such committee; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 249. By Senators Whitehead, Sr. of the 24th, Seabaugh of the 28th, Chapman of the 3rd, Douglas of the 17th, Staton of the 18th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 1 of Title 42 of the O.C.G.A., relating to the Sexual Offender Registration Review Board, so as to change certain definitions; to provide for sexual offenders to register with the sheriff of any county where such offender resides, is employed, or is attending an institution of higher education in lieu of only registering in the county of residence and having the sheriff for such county be responsible for forwarding information about such offender to the sheriffs of the counties where such offender is employed or attends an institution of higher education; to require sexual offenders to submit palm prints; to change certain residency requirements for certain sexual offenders; to require the Department of Corrections to forward certain information to sheriffs; to change reporting requirements when a sexual offender is incarcerated; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 264. By Senator Wiles of the 37th:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections and primaries, so as to provide for certain requirements to qualify for a party's nomination or to run for public office; to repeal conflicting laws; and for other purposes.
SB 266. By Senator Wiles of the 37th:
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 add a penalty, late fees, and interest for failure to remit certain funds and reports to the authority; to provide for related matters; to repeal conflicting laws; and for other purposes.

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SB 271. By Senator Mullis of the 53rd:
A BILL to be entitled an Act to amend Article 3 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, so as to change the period of time within which a tax deed shall ripen by prescription; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 275. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to provide a date certain for rules and regulations of the Commissioner of Agriculture used to establish criminal violations; to repeal conflicting laws; and for other purposes.
SB 280. By Senators Moody of the 56th, Staton of the 18th, Chance of the 16th and Shafer of the 48th:
A BILL to be entitled an Act to amend Code Section 50-25-7.7 of the Official Code of Georgia Annotated, relating to ethical standards for the executive director and employees of the Georgia Technology Authority, so as to provide for the construction and interpretation of the Code section; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 284. By Senators Mullis of the 53rd, Whitehead, Sr. of the 24th, Pearson of the 51st and Heath of the 31st:
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 allow the operator of a vehicle to comply with weight requirements by shifting or equalizing the load on all wheels or axles; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 254. By Senators Grant of the 25th, Mullis of the 53rd, Chance of the 16th and Whitehead, Sr. of the 24th:
A BILL to be entitled an Act to amend Chapter 9 of Title 45 of the O.C.G.A., relating to insuring and indemnification of public officers and employees, so as to provide that the Department of Administrative Services shall be the custodian and administrator of the Georgia State Indemnification Fund; to

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define certain terms; to provide that the department shall approve or deny claims for indemnification for permanent disability or death; to provide for the composition of the Georgia State Indemnification Commission; to provide that such commission shall review decisions of the department relative to the approval or denial of claims for indemnification; to provide for a schedule of indemnification; to provide for the payment of claims; to provide for the appeal of decisions; to provide for restrictions; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
SB 263. By Senators Bulloch of the 11th and Tolleson of the 20th:
A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 2 of the Official Code of Georgia Annotated, relating to soil and water conservation districts, so as to change certain provisions relating to number and boundaries of soil and water conservation districts, alteration of existing districts, and formation of new districts; to change certain provisions relating to district supervisors and the number, appointment, qualifications, terms, and county election basis thereof; to change certain provisions relating to district supervisors and procedures for certain elections thereof; to change certain provisions relating to district supervisors and the chairperson, terms of elected offices, filling of vacancies, quorum, compensation, and expenses thereof; to provide for submission; to provide for contingent repeal; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 215. By Representatives Heard of the 114th, Smith of the 113th and McKillip of the 115th:
A BILL to be entitled an Act to amend an Act establishing a City Court in the County of Clarke, formerly known as the State Court of Clarke County, Georgia, approved September 8, 1879 (Ga. L. 1878-79, p. 291), as amended, so as to repeal certain provisions relating to the office of the clerk of the State Court of Athens-Clarke County, Georgia; to provide for continuing the existing term of the present judge of said court; to provide that the present judge of the court be designated chief judge; to provide that the current compensation of the present judge of the court shall be the compensation to be paid to the chief judge of said court; to add a judge to said court; to provide for the appointment, election, term of office, and compensation of said additional judge and for the election of successors to such judge; to provide effective dates; to repeal conflicting laws; and for other purposes.

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HB 345. By Representative Greene of the 149th:
A BILL to be entitled an Act to amend an Act changing the method of selecting the members of the board of education of Miller County, approved March 21, 1968 (Ga. L. 1968, p. 2529), as amended, so as to provide for the compensation of the chairperson and members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 388. By Representatives Smith of the 168th, Roberts of the 154th and Sims of the 169th:
A BILL to be entitled an Act to create a board of elections and registration for Jeff Davis County and provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of its members; to provide for the qualification, terms, and removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and 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 officers 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 for effective dates; to repeal conflicting laws; and for other purposes.
HB 403. By Representatives Jerguson of the 22nd, Byrd of the 20th, Hill of the 21st and Hamilton of the 23rd:
A BILL to be entitled an Act to repeal an Act creating the Cherokee County Parks and Recreation Authority, approved April 5, 1995 (Ga. L. 1995, p. 4223), as amended, so as to provide for the disposition of property and the assumption of liabilities; to provide for existing contracts; to provide for personnel; to provide for the redirection of funding; to repeal conflicting laws; and for other purposes.
HB 411. 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

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Voting Rights Act of 1965, as amended; to provide an effective date; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
HB 473. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to amend an Act creating the Banks County board of commissioners, approved August 19, 1916 (Ga. L. 1916, p. 349), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4532), and an Act approved April 14, 1997 (Ga. L. 1997, p. 4166), so as to change the compensation of the chairperson and other members of the board of commissioners; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 483. By Representative Cox of the 102nd:
A BILL to be entitled an Act to authorize the City of Lilburn 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 573. By Representative Morris of the 155th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Lyons 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 applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
HB 574. By Representative Morris of the 155th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Vidalia independent school district ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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HB 623. By Representatives Golick of the 34th, Tumlin of the 38th, Teilhet of the 40th, Ehrhart of the 36th, Manning of the 32nd and others:

A BILL to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, so as to provide for the supplement to be paid to each of the judges of the superior court of said circuit and an additional supplement for the chief judge of said circuit; to provide for an effective date; 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 50.

By Senators Douglas of the 17th, Rogers of the 21st, Hawkins of the 49th, Schaefer of the 50th, Hill of the 4th and others:

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 general provisions relative to notaries public, so as to provide that a notary shall be a legal resident of the United States; to provide a penalty; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 73. By Senators Shafer of the 48th, Hudgens of the 47th and Moody of the 56th:

A BILL to be entitled an Act to amend Article 3 of Chapter 20A of Title 33 of the Official Code of Georgia Annotated, relating to managed health care plans, so as to provide for continued access to care for all managed health care plan enrollees subsequent to the termination of physician and facility contracts; to provide definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Insurance.

SB 75.

By Senators Meyer von Bremen of the 12th, Williams of the 19th, Stoner of the 6th and Golden of the 8th:

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, and loans; to

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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 89.

By Senators Adelman of the 42nd, Pearson of the 51st, Weber of the 40th, Golden of the 8th, Stoner of the 6th and others:

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 the creation of townships; to provide a short title; to provide for the requirements for the creation of such townships; to provide for boards of town supervisors for such townships; to provide for powers, duties, and functions of such town supervisors; to provide for officers, meetings, elections, and filling of vacancies for such town supervisors; to provide for certain immunities; to provide that property within such townships shall not be subject to municipal annexation; to conform related laws; to provide for related matters; to provide for an effective date and for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Governmental Affairs.

SB 96. By Senators Golden of the 8th and Stoner of the 6th:

A BILL to be entitled an Act to amend Article 11 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to drug-free workplace programs, so as to provide for onsite testing; to provide for oral testing; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Industrial Relations.

SB 102. By Senators Balfour of the 9th, Unterman of the 45th, Rogers of the 21st, Williams of the 19th and Henson of the 41st:

A BILL to be entitled an Act to amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to licensure and regulation of chiropractors, so as to define and redefine certain terms; to change provisions relative to the scope of practice of chiropractors; to change the criminal penalties for unlicensed practice of chiropractic; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Health & Human Services.
SB 109. By Senators Hudgens of the 47th, Shafer of the 48th, Brown of the 26th, Hawkins of the 49th, Thomas of the 54th 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 certain definitions; to include plan administrators in prompt pay requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
SB 113. By Senators Shafer of the 48th, Hudgens of the 47th and Moody of the 56th:
A BILL to be entitled an Act to amend Article 1 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to agents, agencies, subagents, counselors, and adjusters, so as to provide for background checks; to require appointment of an agent by an authorized insurer before licensing; to provide for forms for license applications; to provide for appointment of limited subagents; to prohibit agents whose licenses are inactive from selling, soliciting, or negotiating insurance; to provide for rules and regulations for certain adjusters; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 122. By Senators Hill of the 32nd, Rogers of the 21st and Weber of the 40th:
A BILL to be entitled an Act to amend Code Section 20-2-210 of the Official Code of Georgia Annotated, relating to annual performance evaluations, so as to require that the annual evaluation is signed by the evaluator and provided to the certificated person; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
SB 125. By Senators Chance of the 16th, Staton of the 18th, Whitehead, Sr. of the 24th, Reed of the 35th, Heath of the 31st and others:
A BILL to be entitled an Act to amend Article 9 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to speed restrictions, so as to specify that instruments charging violations of speed regulations shall state whether the violation occurred on a two-lane road or highway; to provide for

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additional penalties to be administered by the Department of Driver Services for certain traffic offenses; 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 Safety and Homeland Security.
SB 144. By Senators Murphy of the 27th, Hudgens of the 47th, Heath of the 31st, Rogers of the 21st and Whitehead, Sr. of the 24th:
A BILL to be entitled an Act to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions of insurance generally, so as to provide that individuals who receive group insurance benefits pursuant to Title 20 and Title 45 are exempt from this article so as to comply with the United States Internal Revenue Code; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
SB 156. By Senators Balfour of the 9th, Cowsert of the 46th, Hawkins of the 49th and Stoner of the 6th:
A BILL to be entitled an Act to amend Article 2 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to minimum funding standards for public retirement systems, so as to provide that counties, municipal corporations, and other political subdivisions may provide postemployment benefits other than retirement or pension benefits; to define certain terms; to provide that such plans may be prefunded to comply with certain financial reporting, disclosure, and actuarial requirements; to provide that such funds shall be held in trust for the intended purpose; to provide that such funds are declared to be public property exempt from state and local taxation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
SB 172. By Senator Goggans of the 7th:
A BILL to be entitled an Act to amend provisions of the Official Code of Georgia Annotated relating to public employee health care; to amend Article 6 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the Georgia Retiree Health Benefit Fund, so as to provide for reports to the board of community health; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Retirement.
SB 182. By Senators Wiles of the 37th, Unterman of the 45th and Hill of the 32nd:
A BILL to be entitled an Act to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to change provisions relating to asbestos claims and silica claims; to state legislative findings and purpose; to provide for applicability; to provide definitions; to provide that physical impairment shall be an essential element of an asbestos claim or a silica claim; to provide for a limitations period for filing a claim; to provide for dismissal of pending claims under certain conditions; to provide for general rules applicable to new filings; to provide for forum non conveniens; to provide for venue; to provide for joinder and consolidation of claims; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 183. By Senators Rogers of the 21st and Hill of the 32nd:
A BILL to be entitled an Act to amend Article 1 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to insurance agents, agencies, subagents, counselors, and adjusters, so as to authorize insurance agents to charge and collect certain fees under certain circumstances; to provide for the keeping of records of such fees charged and collected; to provide for separate receipts for such fees; to prohibit the collection of any fees not so authorized; to provide for related matters; to provide an effective date; to repeal conflict laws and for other purposes.
Referred to the Committee on Insurance.
SB 187. By Senators Pearson of the 51st, Rogers of the 21st, Whitehead, Sr. of the 24th, Goggans of the 7th, Wiles of the 37th and others:
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 of the Department of Natural Resources, the Environmental Advisory Council, duties of the council and its members and the director, procedure for aggrieved persons, and inspections, so as to change certain provisions relating to review and approval or denial of applications for certain permits or variances; to provide for applicability and effect; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Natural Resources & Environment.
SB 190. By Senators Harp of the 29th, Meyer von Bremen of the 12th, Moody of the 56th, Goggans of the 7th, Thomas of the 54th and others:
A BILL to be entitled an Act to amend Part 2 of Article 6 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to issues of insanity and mental incompetency in pretrial proceedings, so as to provide for definitions; to provide that the committing court may have discretion to allow evaluation in the community for certain defendants; to provide that the committing court can order an evaluation of the defendant; to provide for the committing court to conduct a civil commitment hearing on the defendant; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 191. By Senators Brown of the 26th, Johnson of the 1st and Balfour of the 9th:
A BILL to be entitled an Act to amend Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, so as to prohibit the naming of any public building, site, structure, road, highway, street, intersection, interchange, bridge, or other public property for Senator Robert Brown of Macon, Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Rules.
SB 192. By Senators Shafer of the 48th, Hill of the 4th, Thomas of the 54th, Hooks of the 14th and Hudgens of the 47th:
A BILL to be entitled an Act to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident reparations, so as to provide that a person who has been granted a valid certificate of selfinsurance in another state may qualify as a self-insurer in this state; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
SB 200. By Senators Grant of the 25th and Thompson of the 33rd:
A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for a comprehensive program for the creation of infrastructure development

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districts; 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.
Referred to the Committee on Economic Development & Tourism.
SB 204. By Senators Thomas of the 54th, Balfour of the 9th, Unterman of the 45th, Schaefer of the 50th, Hawkins of the 49th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to disposition of unclaimed dead bodies, so as to change certain provisions relating to the board for distribution and delivery of dead bodies; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
SB 205. By Senators Thomas of the 54th, Balfour of the 9th, Henson of the 41st, Wiles of the 37th, Unterman of the 45th 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 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.
Referred to the Committee on Judiciary Non-Civil.
SB 210. By Senators Hooks of the 14th, Johnson of the 1st, Shafer of the 48th and Harbison of the 15th:
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 authorize the Secretary of State to designate and establish facilities occupied by a government agency as a branch depository under certain circumstances; to provide that the Division of Archives and

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History shall own and operate any equipment necessary to manage and retain control of electronic archival records but may contract with third parties for services related to the management of such records; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Institutions & Property.
SB 213. By Senators Shafer of the 48th, Hudgens of the 47th and Moody of the 56th:
A BILL to be entitled an Act to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transaction of insurance, so as to provide that the Commissioner of Insurance is authorized to waive retaliatory obligations, prohibitions, or restrictions under certain circumstances; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
SB 218. By Senator Tarver of the 22nd:
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 an exemption on the homestead of certain disabled persons for the total value of the homestead; to provide that motor vehicles owned by certain disabled persons shall be exempt from ad valorem taxation; to provide for referenda, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
SB 219. By Senators Hamrick of the 30th, Mullis of the 53rd and Carter of the 13th:
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 seizure and forfeiture of motor vehicles operated by a person to facilitate certain sexual offenses; to provide for procedure; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.

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SB 223. By Senator Smith of the 52nd:
A BILL to be entitled an Act to amend Code Section 15-11-18 of the Official Code of Georgia Annotated, relating to creation of juvenile courts, terms and compensation of judges, state grants for judicial salaries, qualifications, presiding judge, practice of law, actions by judges, administration, and expenditures, so as to change certain provisions relating to compensation of judges and grants for judicial salaries; 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 224. By Senators Hudgens of the 47th, Chapman of the 3rd, Rogers of the 21st, Moody of the 56th, Murphy of the 27th and others:
A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the definition of commercial vehicle policy and fleet policy; to repeal Code Section 40-5-71 of the Official Code of Georgia Annotated, relating to notice of insurance issuance, renewal, or termination of drivers licenses, and incorporate the provisions thereof in Code Section 40-2-137; to change the term "commercial vehicle policy" to "commercially insured vehicle policy"; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
SB 225. By Senators Stoner of the 6th, Thompson of the 5th, Jones of the 10th, Hill of the 32nd and Rogers of the 21st:
A BILL to be entitled an Act to amend Chapter 44 of Title 36 of the Official Code of Georgia Annotated, relating to redevelopment powers, so as require training with respect to redevelopment powers, programs, and tax allocation districts; to create the Redevelopment Powers Training Board; to provide for members, powers, duties, and authority; to provide for funding; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination.
SB 226. By Senators Harp of the 29th, Hill of the 4th, Hudgens of the 47th, Chapman of the 3rd and Tolleson of the 20th:

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A BILL to be entitled an Act 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 qualified soil scientists shall be accepted by the Department of Natural Resources for certain purposes; to define certain terms; 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 evaluations and reports of qualified soil scientists shall be accepted by the Department of Human Resources for certain purposes; to define certain terms; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
SB 232. By Senators Smith of the 52nd, Cowsert of the 46th, Reed of the 35th and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Article 2 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to court reports, so as to remove the requirement of publishing a volume of rules from the definition of reports; to provide for the maintenance of a rules compilation; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Legislative & Congressional Reapportionment.
SB 234. By Senators Cowsert of the 46th, Meyer von Bremen of the 12th, Adelman of the 42nd, Smith of the 52nd, Harp of the 29th and others:
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 Secretary of State to collect a filing fee for certificates of conversion filed when a Georgia corporation, Georgia limited partnership, or Georgia limited liability company converts to a foreign corporation, foreign limited partnership, or foreign limited liability company, respectively; to provide that a certificate of conversion be filed with the Secretary of State to evidence a conversion; to allow a copy of a certificate of conversion be filed with the clerk of the superior court in any county in which a converting entity owns property; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 235. By Senators Grant of the 25th and Seabaugh of the 28th:

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A BILL to be entitled an Act to amend Code Section 42-5-35 of the Official Code of Georgia Annotated, relating to the conferral of police powers by the commissioner of the Department of Corrections, so as to provide that certified correctional employees of the Department of Corrections who leave the department under certain conditions may retain their badges; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Institutions & Property.
SB 236. By Senators Rogers of the 21st, Hudgens of the 47th, Thompson of the 33rd, Goggans of the 7th, Hawkins of the 49th and others:
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 definitions; to provide for notification by certain state agencies upon a breach of security regarding personal information; to amend Article 8 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to the offense of identity fraud, so as to change certain provisions relating to the elements of the offense of identity fraud; to provide for a victim's right to file a report with a law enforcement agency; to provide a short title; 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 237. By Senator Johnson of the 1st:
A BILL to be entitled an Act to amend Code Section 43-4-11 of the Official Code of Georgia Annotated, relating to the qualifications of applicants for examination or certificate of registration to practice architecture, so as to establish certain minimum training requirements to qualify for certification by the Georgia State Board of Architects and Interior Designers; 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 238. By Senator Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Code Section 16-10-94 of the Official Code of Georgia Annotated, relating to tampering with evidence, so as to remove the requirement that such offense involve another person; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Judiciary Non-Civil.
SB 239. By Senator Goggans of the 7th:
A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions regarding workers compensation, so as to provide a definition for the term "farm laborers"; to provide for the applicability of Chapter 9 of Title 34; to repeal conflicting laws: and for other purposes.
Referred to the Committee on Industrial Relations.
SB 243. By Senator Unterman of the 45th:
A BILL to be entitled an Act to amend Title 21 of the O.C.G.A., relating to elections and ethics, so as to substantially revise Chapter 5, the "Ethics in Government Act"; to change numerous provisions relating to the State Ethics Commission, campaign contributions and campaign finance disclosure, public official and candidate personal financial disclosures, and lobbyist regulation and disclosure; to define and redefine terms; to change provisions relating to the composition and operations of the commission; to provide for annual ethics training by the commission and require completion of training by certain elected officials and public officers; to change provisions relating to permissible and impermissible campaign contributions and expenditure and the reporting thereof; to provide for centralized electronic filing of reports; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ethics.
SB 246. By Senators Mullis of the 53rd, Thomas of the 54th, Hill of the 4th, Powell of the 23rd and Stoner of the 6th:
A BILL to be entitled an Act to amend Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to standards and requirements for construction, alteration, etc. of buildings and other structures, so as to amend provisions relating to the appointment and vacancies of members to the advisory committee on industrialized buildings; to provide for changes to the composition of such committee; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industrial Relations.

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SB 249. By Senators Whitehead, Sr. of the 24th, Seabaugh of the 28th, Chapman of the 3rd, Douglas of the 17th, Staton of the 18th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 1 of Title 42 of the O.C.G.A., relating to the Sexual Offender Registration Review Board, so as to change certain definitions; to provide for sexual offenders to register with the sheriff of any county where such offender resides, is employed, or is attending an institution of higher education in lieu of only registering in the county of residence and having the sheriff for such county be responsible for forwarding information about such offender to the sheriffs of the counties where such offender is employed or attends an institution of higher education; to require sexual offenders to submit palm prints; to change certain residency requirements for certain sexual offenders; to require the Department of Corrections to forward certain information to sheriffs; to change reporting requirements when a sexual offender is incarcerated; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 251. By Senator Thompson of the 5th:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 40 of the O.C.G.A., relating to the registration and licensing of motor vehicles, so as to require the establishment by the Department of Revenue of an Internet website for stolen and towed motor vehicles; to require that each tow truck or wrecker operator shall post the vehicle identification numbers and license plate numbers of certain motor vehicles that are towed by such operator on such website within certain periods of time; to provide for penalties for failing to post such information; to require law enforcement agencies in this state to post the vehicle identification numbers and license plate numbers of stolen vehicles on such website; to provide for enforcement by the Department of Revenue; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 254. By Senators Grant of the 25th, Mullis of the 53rd, Chance of the 16th and Whitehead, Sr. of the 24th:
A BILL to be entitled an Act to amend Chapter 9 of Title 45 of the O.C.G.A., relating to insuring and indemnification of public officers and employees, so as to provide that the Department of Administrative Services shall be the custodian and administrator of the Georgia State Indemnification Fund; to

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define certain terms; to provide that the department shall approve or deny claims for indemnification for permanent disability or death; to provide for the composition of the Georgia State Indemnification Commission; to provide that such commission shall review decisions of the department relative to the approval or denial of claims for indemnification; to provide for a schedule of indemnification; to provide for the payment of claims; to provide for the appeal of decisions; to provide for restrictions; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 258. By Senators Fort of the 39th, Tate of the 38th and Thomas of the 2nd:
A BILL to be entitled an Act to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, so as to present legislative findings; to define terms; to ban the sale of marijuana or hemp flavored candy; to provide for penalties; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 263. By Senators Bulloch of the 11th and Tolleson of the 20th:
A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 2 of the Official Code of Georgia Annotated, relating to soil and water conservation districts, so as to change certain provisions relating to number and boundaries of soil and water conservation districts, alteration of existing districts, and formation of new districts; to change certain provisions relating to district supervisors and the number, appointment, qualifications, terms, and county election basis thereof; to change certain provisions relating to district supervisors and procedures for certain elections thereof; to change certain provisions relating to district supervisors and the chairperson, terms of elected offices, filling of vacancies, quorum, compensation, and expenses thereof; to provide for submission; to provide for contingent repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
SB 264. By Senator Wiles of the 37th:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions

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regarding elections and primaries, so as to provide for certain requirements to qualify for a party's nomination or to run for public office; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
SB 266. By Senator Wiles of the 37th:
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 add a penalty, late fees, and interest for failure to remit certain funds and reports to the authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 267. By Senators Hamrick of the 30th, Pearson of the 51st and Rogers of the 21st:
A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, the "Georgia Condominium Act," so as to define certain terms; to provide that a declarant shall pay certain expenses; to provide for exceptions; to provide for an exception for a certain obligation to provide a certificate of occupancy; to provide for the effect on land use and zoning ordinances or laws of an expandable condominium; to provide for the creation of a subcondominium; to provide for a subassociation; to provide for insurance; to provide for the effect of certain liens; to provide for eminent domain; to provide for the description of certain units; to provide for assessments; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 271. By Senator Mullis of the 53rd:
A BILL to be entitled an Act to amend Article 3 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, so as to change the period of time within which a tax deed shall ripen by prescription; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.

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SB 272. By Senators Bulloch of the 11th and Pearson of the 51st:
A BILL to be entitled an Act to amend Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to sale of agricultural and forest products, so as to provide limited liability for owners and operators of farms offering agritourism activities under certain circumstances; to provide for legislative findings; to provide for definitions; to provide for warnings and notices; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 275. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to provide a date certain for rules and regulations of the Commissioner of Agriculture used to establish criminal violations; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
SB 276. By Senators Staton of the 18th, Harp of the 29th, Shafer of the 48th, Murphy of the 27th, Mullis of the 53rd and others:
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, so as to provide that an uninsured motor vehicle includes a motor vehicle for which the available coverages are inadequate to cover a person's bodily injury and property damage losses and that such motor vehicle shall be considered uninsured to the full extent of the limits of the uninsured motorist coverage provided under the insured's motor vehicle insurance policy; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 280. By Senators Moody of the 56th, Staton of the 18th, Chance of the 16th and Shafer of the 48th:
A BILL to be entitled an Act to amend Code Section 50-25-7.7 of the Official Code of Georgia Annotated, relating to ethical standards for the executive director and employees of the Georgia Technology Authority, so as to provide for the construction and interpretation of the Code section; to

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provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Institutions & Property.
SB 282. By Senators Mullis of the 53rd, Smith of the 52nd, Schaefer of the 50th, Thomas of the 54th, Hamrick of the 30th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, so as to provide for the creation of alternative tourism routes; to provide for the designation of such routes; to provide for the construction and maintenance of welcome centers on such routes; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
SB 284. By Senators Mullis of the 53rd, Whitehead, Sr. of the 24th, Pearson of the 51st and Heath of the 31st:
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 allow the operator of a vehicle to comply with weight requirements by shifting or equalizing the load on all wheels or axles; 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.
SB 290. By Senators Heath of the 31st, Pearson of the 51st, Powell of the 23rd, Wiles of the 37th, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Title 6 of the Official Code of Georgia Annotated, relating to aviation, so as to create the Georgia Aviation Authority; to provide for a short title and a definition; to amend Code Section 32-2-2 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Transportation, so as to remove provisions relative to the authority of that department with respect to state aircraft; to amend Chapter 19 of Title 50 of the Official Code of Georgia Annotated, relating to state government transportation services, so as to repeal Article 2, the "Air Transportation Act," relating to the powers and duties of the Department of Transportation with respect to state air transportation; to

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provide for other related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety and Homeland Security.
SB 295. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, so as to prohibit certain conduct relative to the active chemical ingredient in the hallucinogenic plant Salvia divinorum A; to provide for exceptions; to provide punishment for violations; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 302. By Senators Davenport of the 44th and Seay of the 34th:
A BILL to be entitled an Act to authorize the City of Forest Park 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 Intragovernmental Coordination - Local.
SB 306. By Senators Shafer of the 48th, Moody of the 56th and Hill of the 32nd:
A BILL to be entitled an Act to create the Greater Fulton Water 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, 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 provide for severability and other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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SB 312. By Senators Shafer of the 48th, Hill of the 32nd and Reed of the 35th:

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 Intragovernmental Coordination - Local.

SR 22. By Senators Hill of the 32nd and Thomas of the 54th:

A RESOLUTION creating the Hospital Health Care Standards Commission; and for other purposes.

Referred to the Committee on Health & Human Services.

SR 30.

By Senators Thomas of the 54th, Smith of the 52nd, Carter of the 13th, Hamrick of the 30th, Douglas of the 17th and others:

A RESOLUTION creating the Joint Study Committee on State Stroke System of Care; and for other purposes.

Referred to the Committee on Health & Human Services.

SR 63. By Senator Hooks of the 14th:

A RESOLUTION dedicating the L. M. Moye, Jr. Memorial Bridge; and for other purposes.

Referred to the Committee on Transportation.

SR 104. By Senator Tolleson of the 20th:

A RESOLUTION dedicating the Eddie Wiggins Bridge; and for other purposes.

Referred to the Committee on Transportation.

SR 125. By Senators Carter of the 13th, Harp of the 29th, Chance of the 16th, Heath of the 31st, Hamrick of the 30th and others:

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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.
SR 130. By Senators Adelman of the 42nd, Pearson of the 51st, Weber of the 40th, Golden of the 8th, Stoner of the 6th and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly may provide by law for townships for the limited purposes of exercising the power of zoning and the regulation of land use development within the boundaries of such townships and provide for the funding and operation of such townships; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Governmental Affairs.
SR 136. By Senators Thompson of the 33rd and Hamrick of the 30th:
A RESOLUTION dedicating the Emmett Henry Austin Memorial Bridge; and for other purposes.
Referred to the Committee on Transportation.
SR 139. By Senators Hill of the 32nd, Heath of the 31st, Rogers of the 21st and Hudgens of the 47th:
A RESOLUTION urging the Congress of the United States to raise the allowable deduction for health savings accounts, to allow certain older citizens to contribute additional amounts, and to make all health insurance premiums pre-tax; and for other purposes.
Referred to the Committee on Ways & Means.
SR 154. By Senators Mullis of the 53rd, Whitehead, Sr. of the 24th, Hill of the 32nd and Douglas of the 17th:

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A RESOLUTION creating the Joint Human Services Transportation Study Commission; to provide for the membership, powers, duties, and mission of the commission; to provide for related matter; and for other purposes.
Referred to the Committee on Transportation.
SR 229. By Senators Meyer von Bremen of the 12th and Hooks of the 14th:
A RESOLUTION dedicating the Paul Keenan Parkway; and for other purposes.
Referred to the Committee on Transportation.
SR 246. By Senators Wiles of the 37th, Smith of the 52nd, Johnson of the 1st and Williams of the 19th:
A RESOLUTION creating the Joint Study Committee on Indigent Defense; and for other purposes
Referred to the Committee on Judiciary.
SR 283. By Senator Tolleson of the 20th:
A RESOLUTION creating the Joint Nonpoint Source Pollution Control Study Committee; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
SR 296. By Senator Goggans of the 7th:
A RESOLUTION dedicating the POW Julian Abel Memorial Bridge; and for other purposes.
Referred to the Committee on Transportation.
SR 301. By Senators Brown of the 26th, Staton of the 18th and Mullis of the 53rd:
A RESOLUTION dedicating the Phil Walden Memorial Interchange; and for other purposes.
Referred to the Committee on Transportation.

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SR 309. By Senators Grant of the 25th and Thompson of the 33rd:
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.
Referred to the Committee on Economic Development & Tourism.
SR 327. By Senators Johnson of the 1st, Chapman of the 3rd, Hill of the 4th and Tolleson of the 20th:
A RESOLUTION creating the Joint Atlantic Coastal Beach Preservation and Maintenance Study Committee; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
SR 355. By Senators Hill of the 32nd, Harp of the 29th, Thomas of the 54th, Rogers of the 21st, Hamrick of the 30th and others:
A RESOLUTION creating the Joint Study Committee on Health Care Transformation; and for other purposes.
Referred to the Committee on Health & Human Services.
SR 357. By Senator Whitehead, Sr. of the 24th:
A RESOLUTION honoring the life of Major Byron S. McGuire, Sr., and dedicating a bridge in his honor; and for other purposes.
Referred to the Committee on Transportation.
SR 363. By Senators Grant of the 25th, Tarver of the 22nd, Unterman of the 45th, Hill of the 4th, Goggans of the 7th and others:
A RESOLUTION creating the Mental Health Service Delivery Commission; and for other purposes.
Referred to the Committee on Health & Human Services.
SR 365. By Senators Mullis of the 53rd, Pearson of the 51st, Whitehead, Sr. of the 24th, Hill of the 32nd, Goggans of the 7th and others:

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A RESOLUTION creating the Joint Study Committee on Transportation Funding; and for other purposes.
Referred to the Committee on Transportation.
SR 400. By Senators Chapman of the 3rd, Brown of the 26th, Shafer of the 48th, Hudgens of the 47th, Goggans of the 7th and others:
A RESOLUTION proposing an amendment to the Constitution of the State of Georgia so as to provide for a program of state income tax credits for charitable contributions to nonprofit organizations providing health or social services which reduce the need for government services; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Ways & Means.
The following members were recognized during the period of Morning Orders and addressed the House:
Morgan of the 39th, Gardner of the 57th, Smith of the 168th, Amerson of the 9th, Brooks of the 63rd, Scott of the 2nd, and Tumlin of the 38th.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 665. By Representatives Burkhalter of the 50th and Martin of the 47th:
A RESOLUTION commending the Northview High School girls swim and dive team and inviting them to appear before the House of Representatives; and for other purposes.
HR 667. By Representatives Glanton of the 76th, Starr of the 78th and Jordan of the 77th:
A RESOLUTION commending the Clayton State University Lady Lakers basketball team 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:

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HR 664. By Representatives Levitas of the 82nd, Mitchell of the 88th and Henson of the 87th:

A RESOLUTION commending the Tucker High School Tigers boys varsity basketball team 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 Resolutions of the House were taken up for consideration and read the third time:

HR 523. By Representatives Yates of the 73rd, Keen of the 179th, Lakly of the 72nd, Freeman of the 140th, Thomas of the 100th and others:

A RESOLUTION urging all local school systems in Georgia to honor Veterans Day; 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown
Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas

Y Martin Y Maxwell
May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton E Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker

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1789

Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S E Day

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

Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor E Scott, A

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

On the adoption of the Resolution, the ayes were 169, nays 0.

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

Representatives Beasley-Teague of the 65th and May of the 111th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Due to a mechanical malfunction, the vote of Representative Knight of the 126th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HR 55. By Representatives Walker of the 107th, May of the 111th and Forster of the 3rd:

A RESOLUTION expressing support for local communities to boost family literacy and generate projects that offer to support life-long learning from infancy; 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England E Epps Y Everson Y Fleming Y Floyd, H

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

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B

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Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S E Day

Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S
Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin

Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor E Scott, A

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

On the adoption of the Resolution, the ayes were 169, 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.

The following Resolutions of the House were read and adopted:

HR 669. By Representatives Smith of the 70th and Horne of the 71st:

A RESOLUTION expressing regret at the passing of Martha Fuller; and for other purposes.

HR 670. By Representatives Williams of the 89th, Benfield of the 85th, Henson of the 87th and Drenner of the 86th:

A RESOLUTION recognizing and commending Mountain View Personal Care Home; and for other purposes.

HR 671. By Representatives Benfield of the 85th, McKillip of the 115th, Mumford of the 95th, Lindsey of the 54th, Levitas of the 82nd and others:

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1791

A RESOLUTION recognizing and commending Professor Milner S. Ball; and for other purposes.
HR 672. By Representative Parrish of the 156th:
A RESOLUTION commending David Emanuel Academy Eagles basketball team; and for other purposes.
HR 673. By Representatives Lindsey of the 54th, Richardson of the 19th, Ralston of the 7th, Fleming of the 117th, Willard of the 49th and others:
A RESOLUTION honoring and remembering the life of Clfford Oxford; and for other purposes.
HR 674. By Representatives Watson of the 91st, Stephenson of the 92nd and Thomas of the 55th:
A RESOLUTION recognizing Hyatt Regency Atlanta and congratulating it on its 40th anniversary celebration; and for other purposes.
HR 675. By Representatives Watson of the 91st, Stephenson of the 92nd and Thomas of the 55th:
A RESOLUTION commending Barbara Hallstrom for her 50 years in education; and for other purposes.
HR 676. By Representatives Willard of the 49th, Smith of the 70th and Horne of the 71st:
A RESOLUTION recognizing and commending Private First Class Christopher Allen Jones; and for other purposes.
HR 677. By Representative Powell of the 29th:
A RESOLUTION recognizing and commending the Franklin County 4-H Horsemanship Team; and for other purposes.
HR 678. By Representatives Davis of the 109th and Smith of the 168th:
A RESOLUTION congratulating Doorkeepers Shirley Ann Harper and Max Harper; and for other purposes.

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HR 679. By Representatives Lane of the 158th, McCall of the 30th, Smith of the 70th, Hanner of the 148th, Channell of the 116th and others:
A RESOLUTION recognizing and commending John W. Harris III for serving the General Assembly notably with 20 years of prefect attendance; and for other purposes.
HR 680. By Representatives Mosby of the 90th, Mangham of the 94th, Sailor of the 93rd and Stephenson of the 92nd:
A RESOLUTION recognizing "Liturgical Dance Day" and the International Dance Commission; and for other purposes.
HR 681. By Representative Smith of the 129th:
A RESOLUTION honoring Sam Jones for his service to the people of Harris County; and for other purposes.
HR 682. By Representative Burkhalter of the 50th:
A RESOLUTION commending HomeLife Communities; and for other purposes.
HR 683. By Representatives Wix of the 33rd, Johnson of the 37th, Manning of the 32nd, Tumlin of the 38th, Porter of the 143rd and others:
A RESOLUTION honoring and remembering the life of William Donald Medley; and for other purposes.
HR 684. By Representative Bryant of the 160th:
A RESOLUTION commending David L. Lyons; Chief of Police of the Garden City Police Department; and for other purposes.
Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Thursday, March 29, 2007

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 Abrams Amerson Ashe Barnard
E Bearden E Beasley-Teague
Benton Bridges Brooks Bruce Bryant Buckner Burkhalter Burns Butler Byrd Carter, A Carter, B Chambers Channell Coan Coleman Collins Cooper Cox Crawford, M Crawford, R

Davis, H Davis, S E Day Dempsey Dickson Drenner Ehrhart England E Epps Everson Fleming Floyd, J E Forster Franklin Gardner Geisinger Glanton E Golick Gordon E Graves Greene Hamilton Hanner Heard, J Heard, K Hembree E Henson Hill, C

Hill, C.A Holt Houston Howard Hudson Hugley Jackson Jacobs James Jenkins Jerguson Johnson, C E Jones, S Kaiser Keen Keown Knight Knox Lakly Lane, R Levitas Lewis Lindsey Lord Loudermilk Lunsford Maddox Manning

Marin Martin Maxwell May McKillip Millar Mills Mitchell Mosby Mumford Neal Nix Oliver O'Neal Parham Parrish Peake Porter Pruett Ralston Randall Reece Rice Roberts Rogers Royal Rynders Scott, A

Scott, M Sellier Setzler Sheldon Sims, B Sims, F Smith, B Smith, L Smith, R Smith, T Smith, V Stephens E Stephenson Talton Teilhet Thomas, B Tumlin E Walker Watson Wilkinson Willard Williams, A Williams, E Williams, M 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, Casas of the 103rd, Cheokas of the 134th, Cole of the 125th, Dollar of the 45th, Dukes of the 150th, Floyd of the 99th, Fludd of the 66th, Frazier of the 123rd, Freeman of the 140th, Harbin of the 118th, Hatfield of the 177th, Holmes of the 61st, Horne of the 71st, Jamieson of the 28th, Johnson of the 37th, Jordan of the 77th, Lucas of the 139th, Mangham of the 94th, McCall of the 30th, Meadows of the 5th, Morgan of the 39th, Morris of the 155th, Murphy of the 120th, Parsons of the 42nd, Powell of the 29th, Reese of the 98th, Shaw of the 176th, Shipp of the 58th, Sims of the 169th, Sinkfield of the 60th, Smyre of the

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132nd, Stanley-Turner of the 53rd, Starr of the 78th, Thomas of the 55th, and Wix of the 33rd.
They wish to be recorded as present.
Prayer was offered by Pastor Butch Jones, Ellijay Church of Christ, Ellijay, Georgia.
The members pledged allegiance to the flag.
Representative Lakly of the 72nd, 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 785. By Representative Hudson of the 124th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 188485, p. 435), as amended, so as to consolidate the amendatory Acts into one Act and to modernize and update such Act; to provide for related matters; to repeal conflicting laws; and for other purposes.

THURSDAY, MARCH 29, 2007

1795

Referred to the Committee on Intragovernmental Coordination - Local.
HB 786. By Representative Crawford of the 16th:
A BILL to be entitled an Act to amend an Act providing a new Board of Education for Polk County, approved March 28, 1985 (Ga. L. 1985, p. 4985), as amended, particularly by an Act approved April 21, 1997 (Ga. L. 1997, p. 4220), so as to provide the compensation and expenses of the members of the board of education; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 787. By Representative Crawford of the 16th:
A BILL to be entitled an Act to amend an Act creating the Polk County Water Authority, approved April 14, 1967 (Ga. L. 1967, p. 3108), as amended, particularly by an Act approved January 25, 1994 (Ga. L. 1994, p. 3876), so as to change certain provisions relating to the reappointment and taking of office of members of the Authority; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 788. By Representatives Smith of the 129th and Buckner of the 130th:
A BILL to be entitled an Act to amend an Act providing a homestead exemption from Harris County ad valorem taxes for county purposes for residents who are 65 years of age or over or disabled and meet certain income qualifications, approved April 1, 1994 (Ga. L. 1994, p. 4551), so as to change the qualifications for the exemptions and the amount of the exemption; to provide for applicability of the exemption to ad valorem taxes for educational purposes levied by, for, or on behalf of the Harris County school district; to provide for related matters; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 789. By Representative Ralston of the 7th:
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 public water

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systems, so as to require certain contractors that operate public water systems to give performance bonds for water supply; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 790. By Representatives Amerson of the 9th, Day of the 163rd, Burkhalter of the 50th, Keen of the 179th, Coleman of the 97th 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 declare the third week in October "School Bus Safety Week"; to make certain findings of fact; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Rules.
HB 791. By Representatives Amerson of the 9th, Day of the 163rd, Burkhalter of the 50th, Keen of the 179th, Coleman of the 97th 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 declare the fourth Monday in October "School Bus Drivers Appreciation Day"; to make certain findings of fact; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Rules.
HR 666. By Representatives Ehrhart of the 36th and Smith of the 129th:
A RESOLUTION creating the House Study Committee on a Flexible Work Week; and for other purposes.
Referred to the Committee on Industrial Relations.
HR 668. By Representatives Fleming of the 117th, Harbin of the 118th, Sims of the 119th, Murphy of the 120th, Frazier of the 123rd and others:
A RESOLUTION creating the House Study Committee on Medical Education; and for other purposes.
Referred to the Committee on Higher Education.

THURSDAY, MARCH 29, 2007

1797

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

HB 759 HB 760 HB 761 HB 762 HB 763 HB 764 HB 765 HB 766 HB 767 HB 768 HB 769 HB 770 HB 771 HB 772 HB 773 HB 774 HB 775 HB 776 HB 777 HB 778 HB 779 HB 780 HB 781 HB 782 HB 783 HB 784 HR 619 HR 662 HR 663 SB 50 SB 73 SB 75 SB 89 SB 96 SB 102 SB 109 SB 113 SB 122 SB 125 SB 144

SB 223 SB 224 SB 225 SB 226 SB 232 SB 234 SB 235 SB 236 SB 237 SB 238 SB 239 SB 243 SB 246 SB 249 SB 251 SB 254 SB 258 SB 263 SB 264 SB 266 SB 267 SB 271 SB 272 SB 275 SB 276 SB 280 SB 282 SB 284 SB 290 SB 295 SB 302 SB 306 SB 312 SR 22 SR 30 SR 63 SR 104 SR 125 SR 130 SR 136

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SB 156 SB 172 SB 182 SB 183 SB 187 SB 190 SB 191 SB 192 SB 200 SB 204 SB 205 SB 210 SB 213 SB 218 SB 219

SR 139 SR 154 SR 229 SR 246 SR 283 SR 296 SR 301 SR 309 SR 327 SR 355 SR 357 SR 363 SR 365 SR 400

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 415 Do Pass

Respectfully submitted, /s/ Walker of the 107th
Chairman

Representative Rynders of the 152nd District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

Your Committee on Intragovernmental Coordination - 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 727 HB 728 HB 731

Do Pass Do Pass Do Pass

HB 748 HB 749 HB 753

Do Pass Do Pass Do Pass

THURSDAY, MARCH 29, 2007

1799

HB 734 HB 736 HB 738 HB 742 HB 743

Do Pass Do Pass Do Pass Do Pass Do Pass

HB 754 HB 755 HB 756 HB 757 HB 758

Do Pass Do Pass Do Pass Do Pass Do Pass

Respectfully submitted, /s/ Rynders of the 152nd
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 521 Do Pass
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR THURSDAY, MARCH 29, 2007
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 32nd Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

HR 170 U.S. sugar policy; urge Congress to reform (A&CA-McCall-30th)

Modified Open Rule

None

Modified Structured Rule

SB 17

Optometrists; authorize to prescribe and administer oral/topical pharmaceutical agents; eye/adnexa oculi (H&HS-Wilkinson-52nd) Harp29th

Structured Rule

None

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Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Ehrhart of the 36th
Chairman
Representative Mitchell of the 88th moved that the following Bill of the House be withdrawn from the Local Calendar and recommitted to the Committee on Intragovernmental Coordination - Local:
HB 742. By Representatives Mitchell of the 88th, Henson of the 87th, Sailor of the 93rd, Mosby of the 90th, Mangham of the 94th and others:
A BILL to be entitled an Act to create the DeKalb County 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 fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The motion prevailed.
Representative Carter of the 159th moved that the following Bill of the House be withdrawn from the Local Calendar and recommitted to the Committee on Intragovernmental Coordination - Local:
HB 754. By Representative Carter of the 159th:
A BILL to be entitled an Act to provide for an advisory referendum election to be held in the City of Port Wentworth for the purpose of determining whether the members of the city council should be elected by district; to provide for a declaration of public purpose; to provide for the submission of this Act to the United States Department of Justice for preclearance; to repeal conflicting laws; and for other purposes.

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The motion prevailed.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 727. By Representative Jenkins of the 8th:
A BILL to be entitled an Act to provide for a homestead exemption from Towns 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 allow such exemption to continue to be received by an unremarried surviving spouse or the child, children, grandchild, or grandchildren of the deceased spouse; 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 728. By Representatives Burns of the 157th and Carter of the 159th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners for the County of Effingham, approved July 26, 1921 (Ga. L. 1921, p. 466), as amended, so as to provide that the governing authority of Effingham County shall consist of six commissioners; to provide for the qualifications, elections, terms of office, and service of the members of the board; to provide for the filling of vacancies; to provide for the election and service of a chairperson of the board; to provide for a vice chairperson of the board; to provide for the submission of this Act to the United States Department of Justice for approval; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following substitute, offered by Representatives Burns of the 157th and Carter of the 159th, was read and adopted:
A BILL
To amend an Act creating a Board of Commissioners for the County of Effingham, approved July 26, 1921 (Ga. L. 1921, p. 466), as amended, so as to provide that the governing authority of Effingham County shall consist of six commissioners; to provide for the qualifications, elections, terms of office, and service of the members of the board;

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to provide for the filling of vacancies; to provide for the election and service of a chairperson of the board; to provide for a vice chairperson of the board; to provide for the submission of this Act to the United States Department of Justice for approval; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating a Board of Commissioners of Roads and Revenues for the County of Effingham, approved July 26, 1921 (Ga. L. 1921, p. 466), as amended, is amended by revising Section 1 as follows:
"SECTION 1. (a) The governing authority of Effingham County shall be a board of commissioners consisting of six persons, composed of a chairperson and five other members. (b) The chairperson may reside anywhere within Effingham County and shall be elected by a majority vote of the qualified voters of the entire county. One member shall be elected from each of the five duly constituted election districts in said county by a majority vote of the qualified voters of that election district. (c) The chairperson and all members of the board of commissioners shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., known as the 'Georgia Election Code,' as now or hereafter amended. (d) Any person seeking membership on the board shall have:
(1) Resided in the county for at least one year immediately preceding the date of his or her election. (2) Resided in the district in which that person is seeking election on the date of qualification for the office of county commissioner. (e) The chairperson and each of the other five members of the board shall serve for a term of four years beginning the first day of January immediately following his or her election."
SECTION 2. Said Act is further amended by revising Section 1A as follows:
"SECTION 1A. (a) The first chairperson elected under this Act shall be elected for a four-year term at the November, 2008, general election and shall serve until his or her successor is elected and qualified. Successors shall be elected thereafter at the general election immediately preceding the expiration of a term of office of four years and shall serve until their successors are elected and qualified. (b) The two members elected from Districts 1 and 4 shall be elected at the November, 2008, general election for terms of four years and shall serve until their successors are elected and qualified. The three members from Districts 2, 3, and 5 shall be elected at

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the November, 2010, general election for terms of four years and shall serve until their successors are elected and qualified. Thereafter, all members shall be elected at the general election immediately preceding the expiration of their respective terms of office for terms of four years and shall serve until their successors are elected and qualified. (c) All members of the board of commissioners of Effingham County holding office from their respective districts on the effective date of this Act shall remain in office until such time as their successors are duly elected and qualified as provided in this Act."
SECTION 3. Said Act is further amended by revising Section 2 as follows:
"SECTION 2. The chairperson shall preside at all meetings of the board. The chairperson shall be the official spokesperson for the board and shall have the authority to set the agenda for meetings. At the first regular meeting in January of each year, the board shall elect from its members a vice chairperson. In the event of the death, disqualification, or resignation of the chairperson, the vice chairperson shall perform the duties and have the authority of the chairperson until a new chairperson is chosen as provided in this Act. The vice chairperson shall preside at board meetings in the absence of the chairperson. In the event of a vacancy in the office of vice chairperson, the board shall elect a new vice chairperson to serve for the remainder of the unexpired term."
SECTION 4. Said Act is further amended by striking Section 3 in its entirety and inserting in lieu thereof the following:
"SECTION 3. (a) Any vacancy in the office of chairperson or member of the board for any reason other than the expiration of the term of office which occurs more than 180 days before the expiration of a term of office shall be filled by special election. (b) Any vacancy in the office of chairperson or member of the board which occurs 180 days or less before the expiration of a term of office shall be filled by the remaining members of the board appointing a successor, and such appointment shall be made within 15 days after the vacancy occurs. (c) Any person elected or appointed to fill a vacancy must meet all qualifications for election to the office; and any person elected or appointed to fill a vacancy shall serve for the remainder of the unexpired term. (d) In the event a member moves his or her residence from the district he or she represents, a vacancy shall exist from such district and shall be filled in the same manner as other vacancies are filled. (e) All elections to fill vacancies shall be conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., known as the 'Georgia Election Code.'"

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SECTION 5. Said Act is further amended by revising Section 5 as follows:
"SECTION 5. The board of commissioners shall hold its regular meetings on the first and third Tuesdays of each month, in the Office of the Board of Commissioners of the County of Effingham. The board may meet in extraordinary session as often as the affairs of the county may require, upon call of the chairperson or any other three members of the board."
SECTION 6. Said Act is further amended by revising Section 6 as follows:
"SECTION 6. The chairperson shall vote on matters before the board. In the event of a tie vote the matter shall be deemed a "no vote." For the purposes of this section a "no vote" shall not prevent the subject of the vote from being recalled for a new vote pursuant to procedures set by the board. At all meetings of the board, not less than four commissioners shall constitute a quorum of said board, and no order shall be passed, no business transacted, nor any other action taken in regard to any county matter except upon the vote therefor of three members, three votes always being necessary to decide any question."
SECTION 7. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Effingham County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 2008, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
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, was agreed to, by substitute.
HB 731. By Representative Powell of the 29th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Carnesville, approved April 13, 2001 (Ga. L. 2001, p. 3834), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3606), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 734. By Representatives Willard of the 49th, Wilkinson of the 52nd, StanleyTurner of the 53rd, Kaiser of the 59th, Lindsey of the 54th and others:
A BILL to be entitled an Act to amend an Act creating one or more community improvement districts in unincorporated Fulton County and within each municipality therein, approved April 3, 1987 (Ga. L. 1987, p. 5460), as amended by an Act approved April 2, 1998 (Ga. L. 1998, p. 4065), and amended by an Act approved April 28, 2001 (Ga. L. 2001, p. 4556), so as to redefine a certain term; to 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 736. By Representative Smith of the 113th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Winterville (formerly Town of Winterville), approved March 4, 1955 (Ga. L. 1955, p. 2794), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3753) and an Act approved January 13, 1983 (Ga. L. 1983, p. 3707), so as to change provisions relating to vacancies; to provide for changes to boards, commissions, and authorities; to provide for changes to the chief judge and associate judge of the municipal court; to provide for the convening of municipal court; to provide for certiorari; to provide for rules 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 738. By Representatives Cole of the 125th and Freeman of the 140th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), as amended, particularly by an Act approved March 27, 1998 (Ga. L. 1998, p. 3912), so as to change the provisions relating to compensation and travel expenses of the members of the board of commissioners; to repeal conflicting laws; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 743. 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), and by an Act approved May 5, 2006 (Ga. L. 2006, p. 4216), so as to revise the manner of selection of the members of the authority; to provide that persons voting shall use their account numbers instead of social security numbers; 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 748. By Representatives Reese of the 98th, Coleman of the 97th, Coan of the 101st and Sheldon of the 105th:
A BILL to be entitled an Act to authorize the City of Suwanee 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 749. By Representative Reese of the 98th:
A BILL to be entitled an Act to authorize the City of Sugar Hill 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.

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HB 753. By Representative Carter of the 159th:
A BILL to be entitled an Act to amend an Act creating a charter for the City of Bloomingdale, Georgia, approved March 25, 1974 (Ga. L. 1974, p. 3439), as amended, so as to change certain provisions relating to the city entering into franchise contracts; to 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 755. By Representatives Heckstall of the 62nd and Holmes of the 61st:
A BILL to be entitled an Act to provide a new charter for the City of East Point; to provide for reincorporation, 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 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 756. By Representative Smith of the 168th:
A BILL to be entitled an Act to amend an Act entitled "An Act providing for the election of the board of education of Bacon County, approved February 20, 1976 (Ga. L. 1976, p. 2713), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4823), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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JOURNAL OF THE HOUSE

HB 757. 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 provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of its members; to provide for the qualification, terms, and removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and 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 officers 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 for effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 758. 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 change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to revise vacancy provisions; to revise vice chairperson provisions; to revise recall provisions; to revise quorum provisions; to revise extra sessions or special meetings provisions; to revise provisions relating to the clerk and assistant clerk; to provide for returns to the governing authority; to repeal certain tax requirements; to change provisions relating to the budget; to repeal certain provisions relating to quarterly publishing of the balance sheet and operating statement; to provide for annual update of all county property; to clarify the purchasing policy; to revise public improvement provisions to reference general law; to provide for submission 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.
By unanimous consent, the following roll call vote was made applicable to the previously read Bills.

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

E Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler
Byrd Y Carter, A Y Carter, B
Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S E Day

Y Dempsey Y Dickson
Dollar Y Drenner
Dukes Y Ehrhart Y England E Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd E Forster Y Franklin Y Frazier
Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree E Henson
Hill, C Y Hill, C.A
Holmes

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

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris
Mosby Y Mumford Y Murphy E Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish
Parsons Y Peake Y Porter Y Powell Y Pruett
Ralston Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A

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

On the passage of the Bills, the ayes were 137, nays 0.

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

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:

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JOURNAL OF THE HOUSE

The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 301. By Senators Tate of the 38th and Reed of the 35th:
A BILL to be entitled an Act 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.
SB 303. By Senators Murphy of the 27th and Pearson of the 51st:
A BILL to be entitled an Act to amend an Act to provide for the Board of Education of Forsyth County and to consolidate and restate provisions of law relating to the board, approved March 25, 1992 (Ga. L. 1992, p. 5052), as amended, so as to increase the per diem expense allowance allowable for the chairperson and members of such board; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 308. By Senators Henson of the 41st, Butler of the 55th, Adelman of the 42nd and Jones of the 10th:
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), and an Act approved March 28, 1990 (Ga. L. 1990, p. 4540), 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.
SB 309. By Senator Powell of the 23rd:
A BILL to be entitled an Act to amend an Act creating the State Court of Jefferson County, formerly the City Court of Louisville, approved August 19, 1911 (Ga. L. 1911, p. 277), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4187), and an Act approved April 2, 1998 (Ga. L. 1998, p. 4189), so as to change provisions relating to compensation of the judge and solicitor-general of the court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 310. By Senator Powell of the 23rd:

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A BILL to be entitled an Act to amend an Act placing the sheriff of Jefferson County upon an annual salary, approved March 10, 1965 (Ga. L. 1965, p. 2226), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 3642), so as to change the provisions relating to the compensation of the sheriff; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 311. By Senator Powell of the 23rd:
A BILL to be entitled an Act to amend an Act placing the Sheriff of Burke County upon an annual salary, approved February 28, 1966 (Ga. Laws 1966, p. 2127), as amended by an Act approved April 4, 1968 (Ga. Laws 1968, p. 2979), an Act approved March 4, 1969 (Ga. Laws 1969, p. 2167), an Act approved March 30, 1971 (Ga. Laws 1971, p. 2458), an Act approved April 13, 1973 (Ga. Laws 1973, p. 2633), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 3677), so as to change the compensation of the sheriff; to provide 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 96. By Representatives Mills of the 25th, Floyd of the 147th, Hill of the 21st and Knight of the 126th:
A BILL to be entitled an Act to amend Article 3 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state depositories, so as to provide for letters of credit issued by a Federal Home Loan Bank to be accepted to secure state funds on deposit in state depositories; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 106. By Representatives Bridges of the 10th and Maxwell of the 17th:
A BILL to be entitled an Act to amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Peace Officers' Annuity and Benefit Fund, payment to surviving spouse, requirements, effect of reemployment, effect of changes in retirement benefits, and payments on death of a member, so as to provide that certain benefit options shall be calculated on the interest rate and mortality basis approved from time to time by the board and by other factors; to repeal conflicting laws; and for other purposes.
HB 213. By Representatives Bridges of the 10th and Forster of the 3rd:

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JOURNAL OF THE HOUSE

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 repeal a special pay plan for deferred payment of special compensation to reduce federal tax burden for state employees; to repeal conflicting laws; and for other purposes.
HB 317. By Representatives Ralston of the 7th, Floyd of the 147th, Rogers of the 26th, Smith of the 168th, Bridges of the 10th and others:
A BILL to be entitled an Act to amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions and exclusions for Title 46, so as to change the definition of motor contract carrier or motor common carrier; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 364. By Representatives Mumford of the 95th, Sailor of the 93rd, Stephenson of the 92nd and Mangham of the 94th:
A BILL to be entitled an Act to authorize the City of Conyers 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 409. By Representative Lane of the 167th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Darien, approved May 5, 2006 (Ga. L. 2006, p. 4328), so as to provide for annexation of certain property; to provide effective dates; to repeal conflicting laws; and for other purposes.
HB 459. By Representatives Mumford of the 95th, Stephenson of the 92nd, Mangham of the 94th and Sailor of the 93rd:
A BILL to be entitled an Act to amend an Act providing for a supplement to the compensation, salary, expenses, and allowances of the judges of the Superior Court of the Rockdale Judicial Circuit, approved March 30, 1993 (Ga. L. 1993, p. 4459), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4777), so as to change the amount of such supplement; to provide an effective date; to repeal conflicting laws; and for other purposes.

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HB 477. By Representative Hanner of the 148th:
A BILL to be entitled an Act to reincorporate and provide a new charter for the City of Richland in Stewart 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, 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 administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for other matters relative to the foregoing; to repeal an Act incorporating the City of Richland in the County of Stewart, approved August 16, 1922 (Ga. L. 1922, p. 925), as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 496. By Representative Greene of the 149th:
A BILL to be entitled an Act to provide a new charter for the City of Arlington; 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 effective dates; to repeal conflicting laws; and for other purposes.
HB 506. By Representatives Mitchell of the 88th, Stephenson of the 92nd, Jacobs of the 80th, Oliver of the 83rd, Levitas of the 82nd and others:
A BILL to be entitled an Act to amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, approved March 21, 1974 (Ga. L. 1974, p. 391), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4696), an Act approved April 15, 1992 (Ga. L. 1992, p. 6269), an Act approved March 27, 1995 (Ga. L. 1995, p. 3521), an Act approved April 2, 1998 (Ga. L. 1998, p. 4075), and an Act approved May 6, 2005 (Ga. L. 2005, p. 3782), so as to increase the amount of such supplement; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 508. By Representatives Mumford of the 95th, Sailor of the 93rd, Mangham of the 94th and Stephenson of the 92nd:

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JOURNAL OF THE HOUSE

A BILL to be entitled an Act to amend an Act creating the State Court of Rockdale County, approved April 2, 1987 (Ga. L. 1987, p. 5452), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4764), so as to change the provisions relating to the salary of the judge of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 643. By Representatives Mills of the 25th and Rogers of the 26th:
A BILL to be entitled an Act to authorize the City of Oakwood 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 644. By Representatives Mills of the 25th and Rogers of the 26th:
A BILL to be entitled an Act to provide a new charter for the City of Oakwood; 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, conflicts of interest, suspension, 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; to provide for the office of mayor and mayor pro tempore and certain duties and powers relative thereto; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for effective dates; to provide for severability; to repeal conflicting laws; and for other purposes.
HB 645. By Representatives Mills of the 25th and Rogers of the 26th:
A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in the City of Oakwood; 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 notes and other obligations of said district or districts; to provide for authorized contents of agreements and instruments of the board generally, use of proceeds of notes or other obligations, and subsequent issues of notes or other obligations; to provide for construction; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolution; to provide the

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procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes.
HB 657. By Representative Mitchell of the 88th:
A BILL to be entitled an Act to authorize the City of Stone Mountain 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 679. By Representatives Smith of the 70th and Horne of the 71st:
A BILL to be entitled an Act to amend an Act creating the Coweta County Water and Sewerage Authority, approved March 20, 2001 (Ga. L. 2001, p. 3539), so as to change the terms of members of the authority; 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 301. By Senators Tate of the 38th and Reed of the 35th:
A BILL to be entitled an Act 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.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 303. By Senators Murphy of the 27th and Pearson of the 51st:
A BILL to be entitled an Act to amend an Act to provide for the Board of Education of Forsyth County and to consolidate and restate provisions of law relating to the board, approved March 25, 1992 (Ga. L. 1992, p. 5052), as amended, so as to increase the per diem expense allowance allowable for 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 Intragovernmental Coordination - Local.

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JOURNAL OF THE HOUSE

SB 308. By Senators Henson of the 41st, Butler of the 55th, Adelman of the 42nd and Jones of the 10th:
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), and an Act approved March 28, 1990 (Ga. L. 1990, p. 4540), so as to change the compensation of the members of the board of education; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 309. By Senator Powell of the 23rd:
A BILL to be entitled an Act to amend an Act creating the State Court of Jefferson County, formerly the City Court of Louisville, approved August 19, 1911 (Ga. L. 1911, p. 277), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4187), and an Act approved April 2, 1998 (Ga. L. 1998, p. 4189), so as to change provisions relating to compensation of the judge and solicitor-general of the court; 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 - Local.
SB 310. By Senator Powell of the 23rd:
A BILL to be entitled an Act to amend an Act placing the sheriff of Jefferson County upon an annual salary, approved March 10, 1965 (Ga. L. 1965, p. 2226), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 3642), 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 Intragovernmental Coordination - Local.
SB 311. By Senator Powell of the 23rd:
A BILL to be entitled an Act to amend an Act placing the Sheriff of Burke County upon an annual salary, approved February 28, 1966 (Ga. Laws 1966, p. 2127), as amended by an Act approved April 4, 1968 (Ga. Laws 1968, p. 2979), an Act approved March 4, 1969 (Ga. Laws 1969, p. 2167), an Act approved March 30, 1971 (Ga. Laws 1971, p. 2458), an Act approved April

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13, 1973 (Ga. Laws 1973, p. 2633), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 3677), so as to change the compensation of the sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
The following members were recognized during the period of Morning Orders and addressed the House:
Manning of the 32nd and Ralston of the 7th.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 685. By Representative Knox of the 24th:
A RESOLUTION commending Mr. Gray Smith; and for other purposes.
HR 686. By Representatives Abdul-Salaam of the 74th, Brooks of the 63rd, Smyre of the 132nd, Williams of the 165th, Williams of the 89th and others:
A RESOLUTION declaring Coretta Scott King Day in Georgia; and for other purposes.
HR 689. By Representatives Crawford of the 127th, Keen of the 179th, Burkhalter of the 50th, Richardson of the 19th, Fleming of the 117th and others:
A RESOLUTION expressing appreciation to Susan Gordon on the occasion of her upcoming retirement; inviting her 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 521. By Representatives Rogers of the 26th, Mills of the 25th, Collins of the 27th and Amerson of the 9th:
A RESOLUTION commending Karen Peck Gooch on being named the Female Vocalist of the Year by the Southern Gospel Guild Harmony Awards and inviting her to appear before the House of Representatives; and for other purposes.

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JOURNAL OF THE HOUSE

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

SB 17.

By Senators Harp of the 29th, Unterman of the 45th, Hooks of the 14th, Mullis of the 53rd, Harbison of the 15th and others:

A BILL to be entitled an Act to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to authorize certain optometrists to prescribe and administer oral and topical pharmaceutical agents related to the diagnosis or treatment of diseases and conditions of the eye and adnexa oculi except Schedule I and Schedule II controlled substances; to provide for statutory construction; 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 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 revising subparagraph (D) of paragraph (2) of Code Section 43-30-1, relating to definitions, as follows:
"(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

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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, 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 Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague N Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner E Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S E Day

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H
Floyd, J Y Fludd E Forster Y Franklin Y Frazier
Freeman Y Gardner Y Geisinger Y Glanton N Golick Y Gordon Y Graves Y Greene Y Hamilton 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 N Houston
Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J E Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R N Levitas Y Lewis N Lindsey N Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar E Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix
Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston
Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor N Scott, A

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

On the passage of the Bill, by substitute, the ayes were 149, nays 11.

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

Representatives Howard of the 121st 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 "aye" thereon.

Due to a mechanical malfunction, the vote of Representative Floyd of the 147th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HR 170. By Representatives McCall of the 30th and England of the 108th:

A RESOLUTION urging the United States Congress to reform U.S. sugar policy; 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 Abrams Y Amerson Y Ashe
Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas
Chambers Y Channell Y Cheokas Y Coan Y Cole

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes
Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd E Forster
Franklin Y Frazier
Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon
Graves Y Greene Y Hamilton Y Hanner
Harbin

Y Holt Y Horne Y Houston
Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J E Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis

Martin Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar E Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Pruett Y Ralston Randall

Y Scott, M Y Sellier Y Setzler
Shaw Y Sheldon
Shipp Y Sims, B Y Sims, C Y Sims, F
Sinkfield Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens E Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin E Walker Y Watson

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Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S E Day

Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

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

Y Reece Y Reese
Rice Y Roberts
Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R
Wix Yates Richardson, Speaker

On the adoption of the Resolution, the ayes were 150, nays 0.

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

Representatives Maxwell of the 17th 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 Senate substitute thereto:

HB 93. By Representative Maddox of the 172nd:

A BILL to be entitled an Act to provide a new charter for the City of Bainbridge; 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 and mayor and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for effective dates; to repeal conflicting laws; and for other purposes.

The following Senate substitute was read:

A BILL

To provide a new charter for the City of Bainbridge; 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,

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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 and 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 provide for a city attorney, a city clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Name.
The City of Bainbridge, in Decatur County, Georgia, is reincorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name and style City of Bainbridge, Georgia, and by that name shall have perpetual succession.
SECTION 1.11. Corporate boundaries. (a) The boundaries of this city shall be those existing on the earliest effective date in 2007 of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the Director of Community Development and to be designated, as the case may be: "Official Map (or Description) of the corporate limits of the City of Bainbridge, Georgia." Photographic, typed, or other copies of such map or description certified by the City Clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description.

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(b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.
SECTION 1.12. 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 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.
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
SECTION 2.10. City council creation; number; election.
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. The city council established in this charter shall in all respects be a successor to and continuation of the city governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by this charter.
SECTION 2.11. City councilmembers; terms and qualifications for office. The 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 unless such person has been a resident of the city for a period of one year immediately prior to the date of the election for mayor. No person shall be eligible to serve as a councilmember unless he or she has been a resident of the district for which he or she is offering as a candidate for a period of one year immediately preceding the date of the election for councilmembers. The person elected to serve as mayor shall continue to reside in the city and each person elected to serve as councilmember shall continue to

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reside in the district from which elected during their respective terms of office. The mayor and each councilmember shall be registered and qualified to vote in municipal elections of the City of Bainbridge and each of them shall meet the qualification standards required for members of the Georgia House of Representatives, as are now or may in the future be prescribed by the Georgia Constitution.
SECTION 2.12. Vacancy; filling of vacancies; suspensions. (a) Vacancies--The office of mayor or councilmember shall become vacant upon such person's failing or ceasing to reside in the city or upon the occurrence of any event specified by the Constitution, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Filling of vacancies--A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by an election as provided for in Section 5.13 of this charter and Titles 21 and 45 of the O.C.G.A. or such other laws as are or may hereafter be enacted.
SECTION 2.13. Compensation and expenses. The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance.
SECTION 2.14. Conflicts of interest; holding other offices. (a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Conflict of interest--No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of that person's official duties or which would tend to impair the independence of that person's judgment or action in the performance of that person's official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of that person's official duties or would tend to impair the independence of that person's judgment or action in the performance of that person's official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property, government, or affairs of the governmental body by which that person is engaged without proper legal authorization or use such information to advance the financial or other private interest of that person or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to that person's knowledge is interested,

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directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which that person 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 that person has a financial interest. (c) Disclosure--Any elected official, appointed officer, or employee who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such interest to the city council. The mayor or any councilmember who has a financial interest in any matter pending before the city council shall disclose such interest and such disclosure shall be entered on the records of the city council, and that person shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such interest to the governing body of such agency or entity. (d) Use of public property--No elected official, appointed officer, or employee of the city or 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. (e) Contracts voidable and rescindable--Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the city council. (f) Ineligibility of elected official--Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that person was elected. No former councilmember and no former mayor shall hold any compensated appointive office in the city until one year after the expiration of the term for which that person was elected. (g) Political activities of certain officers and employees--No appointed officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon election to any public office in this city or any other public office. (h) Penalties for violation-- (1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited that person's office or position. (2) Any officer or employee of the city who shall forfeit that person's office or position as described in paragraph (1) of this subsection shall be ineligible for

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appointment or election to or employment in a position in the city government for a period of three years thereafter.
SECTION 2.15. Inquiries and investigations. Following the adoption of an authorizing resolution, 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 2.16. General power and authority of the city council. Except as otherwise provided by law or this charter, the city council shall be vested with all the powers of government of this city.
SECTION 2.17. Eminent domain. The city council is hereby empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.
SECTION 2.18. Organizational meetings. The city council shall hold an organizational meeting at its first regularly scheduled meeting. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows: "I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and the United States of America."
SECTION 2.19. Regular and special meetings. (a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance.

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(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 made as fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.
SECTION 2.20. Rules of procedure. (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 of a journal of its proceedings, which shall be a public record. (b) All committees and committee chairpersons and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.
SECTION 2.21. Quorum; voting. The mayor and mayor pro tem and three councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. In the event that both the mayor and mayor pro tem are unavailable, four councilmembers are required to be present to transact the business of the city. The mayor shall only vote in the case of a tie in which case his or her vote shall be recorded and counted towards the number of votes necessary to adopt or reject a question before the council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of a majority of the councilmembers present shall be required for the adoption of any ordinance, resolution, or motion. An abstention shall be counted as an affirmative vote.
SECTION 2.22. Ordinance form; procedures. (a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title.

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The enacting clause shall be "It is hereby ordained by the governing authority of the City of Bainbridge..." and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 2.24 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 2.23. Action requiring an ordinance. Acts of the city council which have the force and effect of law shall be enacted by ordinance.
SECTION 2.24. Emergencies.
(a) To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or four councilmembers and may promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least four councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted.
SECTION 2.25. Codes of technical regulations.

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(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 2.22 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 2.26 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.
SECTION 2.26. Signing; authenticating; recording; codification; printing. (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 city council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and 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 Bainbridge, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the 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 currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
SECTION 2.27. City manager; appointment; qualifications; compensation. The city council shall appoint a city manager for an indefinite term and shall fix the city manager's compensation. The city manager shall be appointed solely on the basis of that person's executive and administrative qualifications.

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SECTION 2.28. Removal of city manager. (a) The city council may remove the city manager from office in accordance with the following procedures: (1) The city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the city manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the city manager; (2) Within five days after a copy of the resolution is delivered to the city manager, 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. (b) The city manager shall continue to receive the city manager's salary until the effective date of a final resolution of removal.
SECTION 2.29. Acting city manager. By letter filed with the city clerk, the city manager shall designate, subject to approval of the city council, a qualified city administrative officer to exercise the powers and perform the duties of city manager during 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 2.30. Powers and duties of the city manager. The city manager shall be the chief executive and 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 executive and administrative officer, the city manager shall: (1) 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 appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. The city manager may authorize any administrative officer

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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; (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 may require concerning the operations of city departments, offices, and agencies 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 2.31. Council's interference with administration. Except for the purpose of inquiries and investigations under Section 2.15 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 2.32. Election of mayor; forfeiture; compensation. The mayor shall be elected and shall serve for a term of four years and until the mayor's successor is elected and qualified. The mayor shall be a qualified elector of this city, shall have been a resident of the city for 12 months prior to the election, and shall meet the same qualifications for office as members of the Georgia House of Representatives as are now or may in the future be prescribed by the Georgia Constitution. The mayor shall continue to reside in this city during the period of the mayor's service. The mayor shall forfeit the office of mayor on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers.

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SECTION 2.33. Powers and duties of mayor. The mayor shall: (1) Preside at all meetings of the city council; (2) Represent the city in intergovernmental relations; (3) Appoint members of citizen advisory boards and commissions with the advice and consent of the council; (4) 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; (5) Have the power to administer oaths and to take affidavits; and (6) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing.
SECTION 2.34. Mayor pro tem. The position of mayor pro tem shall be filled by a member of the city council for a oneyear term. The members of the council shall rotate the position of mayor pro tem by council seat number and the term of office shall begin at the first meeting held during the month of January. If any councilmember should decline the office of mayor pro tem, the city council by majority vote shall select another member of the council to fill the seat for that term and the regular rotation shall resume at the conclusion of that term. The mayor pro tem shall assume the duties and powers of the mayor during the mayor's physical or mental disability or absence. Any such disability or absence shall be declared by a majority vote of the city council. The mayor pro tem shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.14.
ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.10. Boards, commissions, and authorities.
(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, with the advice and consent 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.

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(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 in this charter for 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 that person has executed and filed with the clerk of the city an oath obligating that person to perform faithfully and impartially the duties of that person's office; such oath shall be prescribed by ordinance and administered by the mayor. (g) All members of boards, commissions, or authorities of the city serve at will and may be removed at any time by the mayor, with the advice and consent of the city council, unless otherwise provided by law. (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 own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.
SECTION 3.11. City attorney.
The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense of 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 city council as directed; shall advise the councilmembers, 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 such person's position as city attorney.
SECTION 3.12. City clerk.
The city manager shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal and city records; maintain city council records required by this charter; and perform such other duties as may be required by the city council.

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SECTION 3.13. Position classification and pay plans. The city manager shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval.
SECTION 3.14. Personnel policies. All employees serve at will and may be removed from office at any time unless otherwise provided by ordinance.
ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Creation; name.
There shall be a court to be known as the Municipal Court of the City of Bainbridge.
SECTION 4.11. Chief judge; associate judge. (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. (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 be a member of the State Bar of Georgia and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges serve at will and may be removed from office at any time by the city council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that such judge will honestly and faithfully discharge the duties of the judge's office to the best of the judge's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20 of this charter.
SECTION 4.12. Convening.
The municipal court shall be convened at regular intervals as provided by ordinance.
SECTION 4.13. Jurisdiction; powers. (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law.

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(b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $1,000.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for six months or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing, as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations 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 such court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, that person's bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court 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. (h) 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.
SECTION 4.14. 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 Decatur County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 4.15. Rules for court.

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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 municipal courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to such proceedings.
ARTICLE V ELECTIONS AND REMOVAL
SECTION 5.10. Applicability of general law.
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.
SECTION 5.11. Election of the city council and mayor. (a) There shall be a municipal general election biennially in the odd years on the Tuesday next following the first Monday in November. (b) There shall be elected the mayor and three councilmembers at one election and at every other election thereafter. The remaining city council seats shall be filled at the election alternating with the first election so that a continuing body is created.
SECTION 5.12. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations.
SECTION 5.13. Election by plurality vote. The person receiving a plurality of the votes cast for any city office shall be elected.
SECTION 5.14. Vacancies.
In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.12 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official.
SECTION 5.15. Other provisions.

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Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations as it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 5.16. Removal of officers. (a) A councilmember, the mayor, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) Following a hearing at which an impartial panel shall render a decision. 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. The city council shall provide by ordinance for the manner in which such hearings shall be held. 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 Decatur 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 Decatur County following a hearing on a complaint seeking such removal brought by any resident of the City of Bainbridge.
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 rate; due dates; payment methods. 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.

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SECTION 6.12. Occupation and business taxes. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The city council may classify businesses, occupations, or professions 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; permits; fees. The city council by ordinance shall have the power to require businesses or practitioners doing business in this city to obtain a permit for such activity from the city and pay a regulatory fee for such permit as provided by general law. Such fees shall 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.
SECTION 6.14. Franchises.
(a) 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, electric membership corporations, cable television and other telecommunications 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, 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 city clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.
SECTION 6.15. Service charges. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and 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.

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SECTION 6.16. Special assessments. The city council by ordinance shall have the power to assess and collect the cost 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. Construction; other taxes. This city shall be empowered to levy any other tax or fee 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 and fees. 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 permits for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions.
SECTION 6.19. General obligation bonds. 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 such 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. Short-term 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.

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SECTION 6.22. Lease-purchase contracts. The city may enter into multiyear lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies, provided the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of Code Section 36-60-13 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted.
SECTION 6.23. Fiscal year.
The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government.
SECTION 6.24. 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 plan, and a capital budget, including requirements as to the scope, content, and form of such budgets and plans.
SECTION 6.25. Operating budget. On or before a date fixed by the city council but not later than 15 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 other pertinent comments and information. The operating budget and the capital budget provided for in Section 6.29 of this charter, 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 6.26. Action by city council on budget. (a) The councilmembers 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.

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(b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the last day of the last month of the current fiscal year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 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 allotment thereof to which it is chargeable.
SECTION 6.27. Levy of taxes.
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 expenses of the general government of this city.
SECTION 6.28. Changes in appropriations. The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus.
SECTION 6.29. Capital improvements. (a) On or before the date fixed by the city council, but not later than 15 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed plan and budget. 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 budget, except to meet a public emergency as provided in Section 2.24 of this charter.

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(b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the last day of the last month of the current fiscal year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the city manager may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.
SECTION 6.30. 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 auditing principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of annual audit reports shall be available at printing costs to the public.
SECTION 6.31. 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 by or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.20 of this charter.
SECTION 6.32. Purchasing.
The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city.
SECTION 6.33. Sale and lease of property. (a) The city council may sell and convey or lease any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the city manager and adoption of a resolution, 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 city manager to sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the

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highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.
The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.
SECTION 7.11. Prior ordinances. All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council.
SECTION 7.12. Existing personnel and officers. Except as specifically provided otherwise by this charter, all personnel and officers of this city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 60 days before or during which time the existing city council shall pass a transition ordinance detailing the changes in personnel and appointed officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.
SECTION 7.13. Pending 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 7.14. Construction and definitions. (a) Section captions in this charter are informative only and are not be considered as a part thereof.

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(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 7.15. Severability.
If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other.

SECTION 7.16. Specific repealer. An Act to create a new charter for the City of Bainbridge, approved December 16, 1901 (Ga. L. 1901, p. 321) and all amendatory Acts thereto are repealed.

SECTION 7.17. Effective date. This Act shall become effective on July 1, 2007.

SECTION 7.18. General repealer. All laws and parts of laws in conflict with this Act are repealed.

Representative Maddox of the 172nd moved that the House agree to the Senate substitute to HB 93.

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

E Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant Y Buckner Y Burkhalter

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes
Ehrhart Y England Y Epps
Everson Y Fleming Y Floyd, H Y Floyd, J
Fludd E Forster
Franklin Frazier

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs
James Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Jones, J E Jones, S

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix

Scott, M Y Sellier
Setzler Shaw Y Sheldon Shipp Y Sims, B Y Sims, C Y Sims, F Sinkfield Smith, B Y Smith, L Smith, R Y Smith, T Smith, V Y Smyre

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Y Burns Y Butler
Byrd Y Carter, A Y Carter, B Y Casas
Chambers Y Channell Y Cheokas Y Coan
Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S E Day

Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson
Hill, C Hill, C.A Y Holmes

Jordan Y Kaiser Y Keen Y Keown Y Knight
Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey
Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell
Pruett Y Ralston
Randall Y Reece Y Reese Y Rice Y Roberts
Rogers Y Royal Y Rynders Y Sailor
Scott, A

Y Stanley-Turner Y Starr Y Stephens E Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B
Tumlin E Walker
Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the motion, the ayes were 134, nays 0.

The motion prevailed.

The following Resolutions of the House were read and adopted:

HR 687. By Representative Ralston of the 7th:

A RESOLUTION commending Emmie Claire Howard and Reagan Elizabeth Hardy; and for other purposes.

HR 690. By Representatives Lindsey of the 54th, Coleman of the 97th and Ashe of the 56th:

A RESOLUTION recognizing Iyonna Little; and for other purposes.

HR 691. By Representative Channell of the 116th:

A RESOLUTION congratulating football player Jimmy Easley on his select as a member of the Region 1-A North All-Region Team and the Georgia Class A All-State Team for 2006-2007; and for other purposes.

HR 692. By Representative Channell of the 116th:

A RESOLUTION commending a future leader, Linda Pack; and for other purposes.

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HR 693. By Representatives Burns of the 157th and Carter of the 159th:
A RESOLUTION commending the Effingham County Chamber of Commerce; and for other purposes.
HR 694. By Representatives O`Neal of the 146th, Sellier of the 136th and Talton of the 145th:
A RESOLUTION congratulating New Hope International; and for other purposes.
HR 695. By Representative Channell of the 116th:
A RESOLUTION congratulating football player Gray Holcomb on his selection as a member of the Region 1-A North All-Region Team for 20062007; and for other purposes.
HR 696. By Representative Channell of the 116th:
A RESOLUTION congratulating football player John Duvall on his selection as a member of the region 1-A North All-Region Team and the Georgia Class A All-State Team for 2006-2007; and for other purposes.
HR 697. By Representative Channell of the 116th:
A RESOLUTION congratulating football player Zeb Duvall on his selection as a member of the region 1-A North All-Region Team and the Georgia Class A All-State Team for 2006-2007; and for other purposes.
HR 698. By Representative Channell of the 116th:
A RESOLUTION congratulating football player Daniel Dowdy on his selection as a member of the region 1-A North All-Region Team and the Georgia Class A All-State Team for 2006-2007; and for other purposes.
HR 699. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Paul Bingham, Jr.; and for other purposes.
HR 700. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Cha-Quias Miller; and for other purposes.

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HR 701. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Bonnie Morrison; and for other purposes.
HR 702. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Daniel Reddick; and for other purposes.
HR 703. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Christine Schmidt; and for other purposes.
HR 704. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Brenda Stewart; and for other purposes.
HR 705. By Representatives Geisinger of the 48th, Wilkinson of the 52nd, Lindsey of the 54th, Amerson of the 9th, Franklin of the 43rd and others:
A RESOLUTION celebrating the 100th anniversary of the unveiling of the General John Brown Gordon memorial statue on the grounds of the state capitol; and for other purposes.
HR 706. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Buddy Watts; and for other purposes.
HR 707. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Robyn Brown; and for other purposes.
HR 708. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Lu Frier Byrd; and for other purposes.

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HR 709. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Thad Clark; and for other purposes.
HR 710. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Samantha Duthler; and for other purposes.
HR 711. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Robert Estes; and for other purposes.
HR 712. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Nellie Hollis; and for other purposes.
HR 713. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Nancy Hunter; and for other purposes.
HR 714. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Allison Jaquier; and for other purposes.
HR 715. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Bob Massey; and for other purposes.
HR 716. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Michael McCabe; 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.

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1849

Representative Hall, Atlanta, Georgia
Friday, March 30, 2007
The House met pursuant to adjournment at 9:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by Pastor Joanna Adams, Morningside Presbyterian Church, Atlanta, Georgia.
The members pledged allegiance to the flag.
Representative Lakly of the 72nd, 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 792. By Representatives Hill of the 21st, Jerguson of the 22nd, Hamilton of the 23rd and Byrd of the 20th:

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A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in the City of Canton; 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 repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 793. By Representatives Coan of the 101st, Neal of the 1st, Fleming of the 117th, Ralston of the 7th, Lunsford of the 110th 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 794. By Representative Coan of the 101st:
A BILL to be entitled an Act to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to prior service credit and payments to obtain credit in the Employees Retirement System of Georgia, so as to extend the date by which a member must apply for creditable service for certain military service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 795. By Representatives Amerson of the 9th, Willard of the 49th and Ralston of the 7th:
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 grand jury and increases, so as to increase the minimum and maximum allowable per diem compensation for

FRIDAY, MARCH 30, 2007

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bailiffs; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 796. By Representatives Dukes of the 150th, Rynders of the 152nd and Sims of the 151st:
A BILL to be entitled an Act to authorize the City of Albany 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 Intragovernmental Coordination - Local.
HB 797. By Representatives Rogers of the 26th, Smith of the 113th, Harbin of the 118th and Hembree of the 67th:
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 change the definition of employees of the Board of Regents of the University System of Georgia who may opt not to participate in the Teachers Retirement System of Georgia; to increase the employer contribution to the members accounts in the Regents Retirement Plan; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HR 688. By Representatives Coan of the 101st, Reese of the 98th, Cox of the 102nd, Forster of the 3rd, Byrd of the 20th and others:
A RESOLUTION urging the United States Congress to withdraw the United States from the Security and Prosperity Partnership of North America and from any other bilateral or multilateral activity that seeks the economic merger of the United States with any other country; and for other purposes.
Referred to the Committee on Interstate Cooperation.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

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HB 785 HB 786 HB 787 HB 788 HB 789 HB 790 HB 791 HR 666

HR 668 SB 301 SB 303 SB 308 SB 309 SB 310 SB 311

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 70 Do Pass, by Substitute

Respectfully submitted, /s/ Mills of the 25th
Chairman

Representative Cooper of the 41st District, Chairman of the Committee on Health and Human Services, submitted the following report:

Mr. Speaker:

Your Committee on Health and Human Services has had under consideration the following Bill and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

HB 692 HR 412 HR 425

Do Pass Do Pass, by Substitute Do Pass

Respectfully submitted, /s/ Cooper of the 41st
Chairman

Representative Rynders of the 152nd District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

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1853

Mr. Speaker:

Your Committee on Intragovernmental Coordination - 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 701 HB 733 HB 761 HB 762 HB 763 HB 764 HB 766 HB 767 HB 768 HB 769

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

HB 771 HB 772 HB 773 HB 775 HB 780 HB 781 HB 782 HB 783 HB 784

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

Respectfully submitted, /s/ Rynders of the 152nd
Chairman

Representative Ralston of the 7th District, Chairman of the Committee on Judiciary Non-Civil, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary Non-Civil has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:

SB 95 Do Pass

Respectfully submitted, /s/ Ralston of the 7th
Chairman

Representative Rice of the 51st District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

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

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SB 38 SB 81

Do Pass 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 606 Do Pass HR 608 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 662 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 Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:

SR 87 Do Pass

Respectfully submitted, /s/ Barnard of the 166th
Chairman

FRIDAY, MARCH 30, 2007

1855

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

HOUSE RULES CALENDAR FRIDAY, MARCH 30, 2007

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

None

Modified Open Rule

SB 103 SB 104
SB 124

O.C.G.A; correct errors/omissions (CR-Willard-49th) Adelman-42nd O.C.G.A; correct errors/omissions; Title 47 (CR-Willard-49th) Adelman42nd O.C.G.A.; correct errors/omissions; Title 21 (CR-Willard-49th) Adelman42nd

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:

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HB 701. By Representatives Tumlin of the 38th, Ehrhart of the 36th, Parsons of the 42nd, Jones of the 44th, Golick of the 34th 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 733. By Representatives Willard of the 49th, Bruce of the 64th, Fludd of the 66th, Geisinger of the 48th, Rice of the 51st and others:
A BILL to be entitled an Act to amend an Act providing for the number of members and for the election of members of the Board of Education of Fulton County, approved February 10, 1984 (Ga. L. 1984, p. 3591), as amended, so as to provide for salaries for the 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.
HB 761. By Representatives Smith of the 129th and Buckner of the 130th:
A BILL to be entitled an Act to amend an Act placing the coroner of Harris County upon a monthly salary, approved March 10, 1964 (Ga. L. p. 2623), as amended, so as to fix 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 762. By Representatives Crawford of the 127th and Sellier of the 136th:
A BILL to be entitled an Act to authorize Upson County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 763. By Representative Morris of the 155th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Soperton, approved March 14, 1984 (Ga. L. 1984, p. 4212), as amended, particularly by an Act approved March 15, 2004 (Ga. L. 2004, p. 3863), so as to annex certain tracts or parcels of land into the City of Soperton and to change the description of the council districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 764. By Representative Peake of the 137th:
A BILL to be entitled an Act to create and establish a new charter for Payne City and to define its territorial limits; to create a municipal government; to authorize said city to acquire and own property; to provide for the sale of property; to provide for the present mayor and council; to provide for ordinances; to provide for a mayor and four councilmembers and to prescribe their qualifications, manner of election, term of office, powers, rights, privileges, and duties; to provide for elections; to provide for filling vacancies; to provide for a municipal court; to provide for taxation; to authorize said city to regulate businesses, trades, and professions; to provide for zoning; to provide rules and regulations; to provide for a board of health; to provide for the purchase or sale of all public utility services; 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 766. By Representatives Smith of the 129th, Smyre of the 132nd, Hugley of the 133rd, Smith of the 131st and Buckner of the 130th:
A BILL to be entitled an Act to amend an Act creating the Muscogee County School District, approved February 25, 1949 (Ga. L. 1949, p. 1086), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4192), so as to exclude routine operation, repair, or maintenance of existing

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structures, buildings, or real property from the definition of public works construction; to change the maximum amount for which the superintendent of the board of education may make contracts, other than public works construction contracts, for supplies, labor, repairs, and other necessary school purposes, to $15,000.00; to change to $15,000.00 the amount of purchases under public construction contracts that can be expended without affording free competition; to provide for rules and regulations; to provide definitions; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 767. By Representatives Williams of the 165th, Barnard of the 166th and Stephens of the 164th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide a homestead exemption from Liberty County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead," approved May 17, 2004 (Ga. L. 2004, p. 3818), so as to define a certain term so that such exemption shall extend to repairs or improvements to the homestead not exceeding 5 percent; 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 768. By Representatives Williams of the 165th, Barnard of the 166th and Stephens of the 164th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide a homestead exemption from Liberty County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead," approved May 17, 2004 (Ga. L. 2004, p. 3821), so as to define a certain term so that such exemption shall extend to repairs or improvements to the homestead not exceeding 5 percent; 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.

FRIDAY, MARCH 30, 2007

1859

HB 769. By Representative Sheldon of the 105th:
A BILL to be entitled an Act to authorize the City of Dacula 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 771. By Representative Maxwell of the 17th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Buchanan ad valorem taxes for municipal purposes in the amount of $35,000.00 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 772. By Representatives Richardson of the 19th and Maxwell of the 17th:
A BILL to be entitled an Act to create the Paulding County Facilities and Technology Authority and to provide for the appointment of members of the authority and the general purpose of the authority; to define terms; 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 fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for the validation of bonds; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 773. By Representatives Richardson of the 19th and Maxwell of the 17th:
A BILL to be entitled an Act to create a board of elections and registration for Paulding 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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 775. By Representatives Mills of the 25th, Rogers of the 26th, Collins of the 27th and Benton of the 31st:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners for Hall County, approved March 21, 1935 (Ga. L. 1935, p. 661), as amended, particularly by an Act approved April 6, 1992 (Ga. L. 1992, p. 5327), so as to change the provisions of law concerning the expense allowance received by the chairperson and members of the Board of Commissioners of Hall 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 780. By Representatives Manning of the 32nd, Parsons of the 42nd, Tumlin of the 38th, Franklin of the 43rd, Setzler of the 35th 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

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9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved May 1, 2006 (Ga. L. 2006, p. 3990), 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 following Committee substitute was read and adopted:
A BILL
To amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved May 1, 2006 (Ga. L. 2006, p. 3990), 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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 1, 2006 (Ga. L. 2006, p. 3990), is amended by striking subsection (b) of Section 4 thereof and inserting in its place a new subsection (b) to read as follows:
"(b) The clerk of the superior court shall be allowed a deputy clerk whose annual salary shall be $91,769.60, to be paid in equal monthly installments from the funds in the county treasury. Any candidate for the office of clerk of the Superior Court of Cobb County shall, on the date of his or her qualification for such office in either a primary or general election, certify to the judge of the Probate Court of Cobb County the name of the person he or she shall appoint as deputy clerk in the event he or she is elected to the office of clerk; and the person so named and certified by the successful candidate for such office shall serve as the deputy clerk during the term for which he or she was so named. In the event of the death or removal from office of said deputy clerk, the clerk of the superior court shall have 30 days from said date of death or removal from office of said deputy clerk to certify to the judge of the Probate Court of Cobb County the name of the new deputy clerk to be appointed. In addition to said deputy clerk, the clerk of the Superior Court of Cobb County shall be authorized and empowered to employ the clerical help necessary to perform properly the functions and duties of the office, provided that the number of employees and salaries or other compensation to be paid to each shall first be approved by the governing authority of Cobb County."

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SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
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 781. By Representative Loudermilk of the 14th:
A BILL to be entitled an Act to create the Adairsville Building Authority as a public corporation and an instrumentality of the State of Georgia; to authorize the authority to acquire, construct, own, and convey real property and personal property and to sue and be sued; to authorize the authority to enter into intergovernmental contracts and contracts with private persons; to confer upon the authority the power of eminent domain; to authorize the authority to enter into contracts, lease agreements, and installment sale agreements; to authorize the authority to accept grants and gifts; to authorize the authority to fix and collect fees and charges for the use or for the rental of its facilities; to provide for the membership of the authority; to authorize the authority to acquire, construct, equip, maintain, and operate projects; to authorize the authority to acquire the necessary property therefor and to lease or sell any or all of such facilities; 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 782. By Representatives Ralston of the 7th and Graves of the 12th:
A BILL to be entitled an Act to provide that investigators appointed to assist the district attorney of the Appalachian Judicial Circuit may be authorized by the district attorney to make arrests; to provide a procedure for such written authorization; 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 783. By Representative Ralston of the 7th:

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A BILL to be entitled an Act to amend an Act creating the board of commissioners of Gilmer County, approved March 27, 1995 (Ga. L. 1995, p. 3824), as amended, so as to provide for staggered election of the members of the board of commissioners; to provide for continuation in office of the current chairperson and members of the board of commissioners; to provide for election and terms of office of successors; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

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

HB 784. By Representatives Jordan of the 77th, Abdul-Salaam of the 74th, Johnson of the 75th, Starr of the 78th and Sinkfield of the 60th:

A BILL to be entitled an Act to authorize the City of Riverdale 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:

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant Y Buckner E Burkhalter Y Burns

Y Dempsey Y Dickson Y Dollar E Drenner
Dukes Y Ehrhart Y England
Epps Y Everson Y Fleming Y Floyd, H E Floyd, J Y Fludd E Forster Y Franklin E Frazier Y Freeman

Y Holt Y Horne Y Houston
Howard Hudson Y Hugley Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J E Jones, S Jordan

Y Martin Y Maxwell Y May E McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix E Oliver

Y Scott, M Y Sellier Y Setzler
Shaw Y Sheldon
Shipp Y Sims, B
Sims, C Y Sims, F
Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner

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Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H Y Davis, S E Day

Gardner Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holmes

Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell
Pruett Y Ralston Y Randall Y Reece Y Reese E Rice Y Roberts
Rogers Y Royal Y Rynders
Sailor Y Scott, A

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

On the passage of the Bills, the ayes were 142, nays 0.

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

Due to a mechanical malfunction, the vote of Representative Geisinger of the 48th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representatives Jordan of the 77th 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 passed by the requisite constitutional majority the following bills of the Senate and House:

SB 298. By Senator Tolleson of the 20th:

A BILL to be entitled an Act to provide that future elections for the office of probate judge of Pulaski County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as

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amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 316. By Senator Douglas of the 17th:
A BILL to be entitled an Act to provide for a homestead exemption from Newton County ad valorem taxes for school district maintenance and operations purposes in the amount of $30,000.00 of the assessed value of the homestead for residents of that county who are 65 years of age or over and whose annual adjusted gross income does not exceed $25,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
SB 317. By Senator Whitehead, Sr. of the 24th:
A BILL to be entitled an Act to authorize Columbia County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
HB 234. By Representative Channell of the 116th:
A BILL to be entitled an Act to create a board of elections and registration for Greene 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.
HB 312. By Representatives Benton of the 31st, England of the 108th and Sheldon of the 105th:

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A BILL to be entitled an Act to authorize the Town of Braselton 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 315. 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 provide for the creation of one or more community improvement districts in the Town of Braselton; to provide for a short title; to provide for the purposes of said district or districts; to provide for definitions; to provide for a board to administer said district or districts; to provide for the appointment and election of members of said board or boards; to provide for taxes, fees, and assessments; to provide for establishment of the boundaries of said district or districts; to provide for a tax cap; to specify conditions whereby the continued existence of the district or districts or the continued existence of any one or more of the powers granted to the district or districts may be terminated; to provide procedures for termination of the district or districts; to provide for dissolution; to provide the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes.
HB 406. By Representative Floyd of the 147th:
A BILL to be entitled an Act to amend an Act providing for a merger of the independent school system of the City of Cordele and the school districts in the County of Crisp lying outside the corporate limits of said City, approved February 11, 1957 (Ga. L. 1957, p. 2066), as amended, so as to change the compensation of members of the Crisp County Board of Education; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 465. By Representatives Lindsey of the 54th, Holmes of the 61st, Kaiser of the 59th, Bruce of the 64th, Ashe of the 56th and others:
A BILL to be entitled an Act to amend an Act creating one or more community improvement districts in the City of Atlanta, Georgia, approved April 4, 1991 (Ga. L. 1991, p. 3653), as amended by an Act approved April 16, 1999 (Ga. L. 1999, p. 4439), and amended by an Act approved April 28, 2000 (Ga. L. 2000, p. 4564), so as to change a provision relating to the appointment of one member of the district board; to add a provision relating to

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the election of an additional member of the district board upon annexation; to repeal conflicting laws; to provide an effective date; and for other purposes.
HB 499. By Representatives Day of the 163rd, Carter of the 159th, Bryant of the 160th, Gordon of the 162nd and Stephens of the 164th:
A BILL to be entitled an Act to amend an Act providing for the compensation of certain officials in Chatham County, approved March 26, 1986 (Ga. L. 1986, p. 4797), as amended by an Act approved April 21, 1997 (Ga. L. 1997, p. 4446), so as to change the compensation of the judges of the recorder's court, judge of the probate court, judges of the juvenile court, judges of the state court, and judges of the magistrate court; to remove cost-of-living increases; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 537. By Representatives Ehrhart of the 36th, Johnson of the 37th, Manning of the 32nd, Cooper of the 41st, Franklin of the 43rd 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 1, 2006 (Ga. L. 2006, p. 3939), so as to change the compensations of the clerk and the chief deputy clerk of the State Court of Cobb County; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 538. By Representatives Ehrhart of the 36th, Johnson of the 37th, Manning of the 32nd, Cooper of the 41st, Franklin of the 43rd 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 4, 2006 (Ga. L. 2006, p. 4177), so as to change the compensation of certain employees of such office; to repeal conflicting laws; and for other purposes.
HB 600. By Representatives Parsons of the 42nd, Tumlin of the 38th, Wix of the 33rd, Teilhet of the 40th, Manning of the 32nd 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

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chief investigator and the executive assistant to the sheriff; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 621. By Representatives Johnson of the 37th, Jones of the 44th, Teilhet of the 40th, Golick of the 34th, 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, 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 624. By Representatives Setzler of the 35th, Golick of the 34th, Tumlin of the 38th, Johnson of the 37th, Manning of the 32nd 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 632. By Representatives Jerguson of the 22nd, Hill of the 21st, Byrd of the 20th and Hamilton of the 23rd:
A BILL to be entitled an Act to provide for a homestead exemption from City of Woodstock ad valorem taxes for municipal purposes in the amount of $100,000.00 of the assessed value of the homestead for residents of that city who are 62 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 633. By Representatives Jerguson of the 22nd, Hill of the 21st, Byrd of the 20th and Hamilton of the 23rd:
A BILL to be entitled an Act to provide a homestead exemption from all City of Woodstock ad valorem taxes for city purposes in the amount of $100,000.00 of the assessed value of the homestead for certain residents of that city 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

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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 bills of the House:
HB 386. By Representatives Lane of the 167th and Willard of the 49th:
A BILL to be entitled an Act to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to superior court fees and construction of fee provisions, so as to provide for additional filing fees for recording an instrument that requires cross-indexing to other previously recorded documents; to provide for additional filing fees for recording an instrument that cancels, satisfies, or releases certain liens; to require that clerks perform certain functions with regard to lien cancellations or requests for crossindexing; to provide for recording by electronic means; 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 81. By Representatives Hill of the 180th, Lane of the 158th, Barnard of the 166th, Burns of the 157th, Williams of the 165th and others:
A BILL to be entitled an Act to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change certain provisions relating to definitions; to change certain provisions relating to charter fishing guide and pier fishing licenses, fees, and maintenance of records; to provide for new licenses relative to salt water fishing; to repeal conflicting laws; and for other purposes.
HB 274. By Representatives Lindsey of the 54th and Kaiser of the 59th:
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.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:

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SB 298. By Senator Tolleson of the 20th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Pulaski 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 Intragovernmental Coordination.
SB 316. By Senator Douglas of the 17th:
A BILL to be entitled an Act to provide for a homestead exemption from Newton County ad valorem taxes for school district maintenance and operations purposes in the amount of $30,000.00 of the assessed value of the homestead for residents of that county who are 65 years of age or over and whose annual adjusted gross income does not exceed $25,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 317. By Senator Whitehead, Sr. of the 24th:
A BILL to be entitled an Act to authorize Columbia County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
The following members were recognized during the period of Morning Orders and addressed the House:
Smith of the 70th, Abdul-Salaam of the 74th, McKillip of the 115th, Neal of the 1st, and Mumford of the 95th.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:

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HR 606. By Representative Epps of the 128th:
A RESOLUTION congratulating the coaches and players of the West Georgia Wolverines wheelchair basketball team and inviting them to appear before the House of Representatives; and for other purposes.
HR 608. By Representative Epps of the 128th:
A RESOLUTION congratulating the 2006-2007 Manchester High School Blue Devils boys basketball team and inviting them 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 717. By Representatives Glanton of the 76th, Johnson of the 75th, Starr of the 78th, Jordan of the 77th and Heckstall of the 62nd:
A RESOLUTION commending the 2007 Jonesboro High School mock trial team and inviting the team and coaches to appear before the House of Representatives; and for other purposes.
HR 718. By Representatives Wilkinson of the 52nd, O`Neal of the 146th, Talton of the 145th, Dempsey of the 13th and Ehrhart of the 36th:
A RESOLUTION honoring Bruce Goddard 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 103. By Senators Adelman of the 42nd, Meyer von Bremen of the 12th, Harp of the 29th, Hamrick of the 30th, Hill of the 32nd and others:
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

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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:

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard
Bearden E Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks E Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S E Day

Y Dempsey Y Dickson Y Dollar E Drenner
Dukes Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H E Floyd, J Y Fludd E Forster Franklin E Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E 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 Y Hudson Y Hugley
Jackson Y Jacobs Y James
Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin

Y Martin Y Maxwell Y May E McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix E Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese E Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

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

On the passage of the Bill, the ayes were 148, nays 0.

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

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SB 104. By Senators Adelman of the 42nd, Meyer von Bremen of the 12th, Harp of the 29th, Hamrick of the 30th, Hill of the 32nd and others:

A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 47 of the Official Code of Georgia Annotated; to provide for other matters relative to Title 47 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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

Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks E Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M

Y Dempsey Y Dickson Y Dollar E Drenner Y Dukes
Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H E Floyd, J Y Fludd E Forster Y Franklin E Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall
Hembree

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis
Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford

Y Martin Y Maxwell Y May E McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix E Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston
Randall Y Reece Y Reese E Rice Y Roberts Y Rogers

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

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Y Crawford, R Y Davis, H Y Davis, S E Day

Y Henson Y Hill, C Y Hill, C.A Y Holmes

Y Maddox Mangham
Y Manning Y Marin

Y Royal Y Rynders
Sailor Y Scott, A

Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 149, nays 0.

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

Representative 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.

SB 124. By Senators Adelman of the 42nd, Harp of the 29th 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks E Bruce Y Bryant Y Buckner Y Burkhalter

Y Dempsey Y Dickson Y Dollar E Drenner Y Dukes
Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H E Floyd, J Y Fludd E Forster Y Franklin E Frazier

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T
Jones, J Y Jones, S

Y Martin Y Maxwell Y May E McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix

Y Scott, M Y Sellier
Setzler Shaw Y Sheldon Shipp Y Sims, B Y Sims, C Y Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Smyre

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1875

Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S E Day

Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall
Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin

E Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston
Randall Y Reece Y Reese E Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Stanley-Turner Y Starr Y Stephens
Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B
Tumlin Y Walker
Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y 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.

The following Resolutions of the House were read and adopted:

HR 722. By Representative Marin of the 96th:

A RESOLUTION recognizing Norcross Elementary School's Empty Bowls dinner; and for other purposes.

HR 723. By Representative Porter of the 143rd:

A RESOLUTION to commemorate the occasion of the recent arrival and attainment of United States Citizenship of Calvin Sumners Poston; and for other purposes.

HR 724. By Representatives Hudson of the 124th, Lane of the 158th, Burns of the 157th and Barnard of the 166th:

A RESOLUTION honoring the original July Foxhound and recognizing the historical marker to be placed in his memory on May 5, 2007, in Hancock County, Georgia; and for other purposes.

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HR 725. By Representative Hudson of the 124th:
A RESOLUTION honoring and remembering the life of Melvin Leslie, Sr.; and for other purposes.
HR 726. By Representatives McKillip of the 115th, Heard of the 114th, Smith of the 113th, Channell of the 116th, Martin of the 47th and others:
A RESOLUTION recognizing and commending the University of Georgia Bulldogs football team and Head Coach Mark Richt; and for other purposes.
HR 727. By Representative Porter of the 143rd:
A RESOLUTION commending the 2006-2007 Trinity Christian School girls basketball team; and for other purposes.
HR 728. By Representative Smith of the 113th:
A RESOLUTION expressing congratulations and best wishes to Olivia Thomas on the occasion of her 100th birthday; and for other purposes.
HR 729. By Representative Marin of the 96th:
A RESOLUTION recognizing the 2007 Soy Unica Latina Rally and Celebration; and for other purposes.
HR 730. By Representative Loudermilk of the 14th:
A RESOLUTION commending Matthew Clements Abbott on attaining the rank of Eagle Scout; and for other purposes.
HR 731. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th:
A RESOLUTION expressing regret at the passing of Alfred W. Jones, Jr.; and for other purposes.
HR 732. By Representatives Smith of the 113th, Reece of the 11th, Crawford of the 127th and Royal of the 171st:
A RESOLUTION honoring the life of Frank Fitch, Jr.; and for other purposes.

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1877

HR 733. By Representatives Mumford of the 95th, Mangham of the 94th, Ralston of the 7th, Jones of the 46th and Johnson of the 37th:
A RESOLUTION honoring and remembering the life of Judge Clarence Roland Vaughn, Jr.; and for other purposes.
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 17. By Senators Harp of the 29th, Unterman of the 45th, Hooks of the 14th, Mullis of the 53rd, Harbison of the 15th and others:
A BILL to be entitled an Act to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to authorize certain optometrists to prescribe and administer oral and topical pharmaceutical agents related to the diagnosis or treatment of diseases and conditions of the eye and adnexa oculi except Schedule I and Schedule II controlled substances; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes.
Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, A.M., Tuesday, April 10, 2007, 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, April 10, 2007.

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Representative Hall, Atlanta, Georgia

Tuesday, April 10, 2007

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 Abrams Amerson Ashe Bearden E Beasley-Teague E Benfield Benton Black Bridges Brooks Bruce Bryant Buckner Burkhalter Burns Byrd Carter, A Casas Chambers Channell Cheokas Cole E Coleman Collins Cox Crawford, M Crawford, R

Davis, H E Day
Dempsey Dickson Drenner Ehrhart England E Epps Everson Fleming Floyd, J Forster Franklin Frazier Freeman Gardner Geisinger Glanton Gordon Graves Greene Hamilton Hanner E Harbin Hatfield Heard, J Heard, K

E Heckstall Hembree
E Henson E Hill, C
Holt Horne Howard Hugley Jackson Jamieson Jenkins Jerguson Johnson, C E Johnson, T Jones, J Jones, S Kaiser Keen Keown Knight Lakly Lane, B Lane, R Levitas Lewis Lindsey Lunsford

Maddox E Manning E Marin
Maxwell May McCall McKillip Meadows Mills E Morgan Morris Mosby Mumford Murphy Neal Nix Oliver O'Neal Parrish Parsons Peake Porter Pruett Ralston Randall Reece Rice

Roberts Rogers Royal Rynders Scott, A Scott, M Sellier Shaw Sims, B Smith, B Smith, L Smith, R Smith, T E Smith, V Starr Stephens Talton Teilhet Watson Wilkinson Willard Williams, A Williams, E Williams, M 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, Butler of the 18th, Carter of the 159th, Coan of the 101st, Cooper of the 41st, Dollar of the 45th, Floyd of the 99th, Fludd of the 66th, Golick of the 34th, Hill of the 180th, Holmes of the 61st, Hudson of the 124th, James of the 135th, Jordan of the 77th, Knox of the 24th, Loudermilk of the 14th, Lucas of the 139th, Mangham of the 94th, Martin of the 47th, Millar of the 79th, Mitchell of the 88th, Parham of the 141st, Powell of the 29th, Reese of the 98th, Setzler of the 35th, Sheldon of the 105th, Shipp of the 58th, Sims of the 151st, Sims of the 169th, Sinkfield of the 60th, Stanley-Turner of the 53rd, Stephenson of the 92nd, Thomas of the 55th, Tumlin of the 38th, Walker of the 107th, and Wix of the 33rd.

TUESDAY, APRIL 10, 2007

1879

They wish to be recorded as present.
Prayer was offered by Pastor Claude Harris, Sr., New Life, Hephzibah, Georgia.
The members pledged allegiance to the flag.
Representative Lakly of the 72nd, 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 798. By Representatives Scott of the 153rd, Stephens of the 164th, 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 O.C.G.A., the "Georgia Pharmacy Practice Act," so as to provide for registration of any person or entity acting as a pharmacy benefits manager; to provide a short title; to define certain terms; to provide requirements for registration; to provide for the review of contracts; to provide for a fidelity bond; to provide that a pharmacy benefits manager shall not intervene in the delivery of prescriptions; to provide for the dispensing of a substitute prescription drug; to provide that a pharmacy network provider shall be protected in the event

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of a dispute with a pharmacy benefits manager; to provide the duties of a pharmacy benefits manager; to provide for the dispensation of certain payments; to provide for the protection of certain information; to provide for audits; to provide for contracts; to provide for notification; to provide for penalties for violations; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 799. By Representatives Lane of the 158th, Parrish of the 156th and Burns of the 157th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Statesboro, approved March 26, 1987 (Ga. L. 1987, p. 4557), as amended, so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 800. By Representatives Loudermilk of the 14th, Lewis of the 15th, Lunsford of the 110th, Franklin of the 43rd, Davis of the 109th and others:
A BILL to be entitled an Act to amend Article 6 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to property owners associations, so as to provide for the suspension of lot owners obligations for the payment of assessments when the board of directors of an association is not in compliance with the Georgia Property Owners Association Act, the articles of incorporation of the association, or the bylaws adopted by the association; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 801. By Representatives Ralston of the 7th, Meadows of the 5th, Dickson of the 6th and Graves of the 12th:
A BILL to be entitled an Act to create the Coosawattee Regional Water and Sewerage Authority; to provide for legislative intent; to provide for definitions; to provide for a board; to provide for certain powers; to provide for the limitation of certain powers; to provide for certain services to members of the water and sewerage authority; to require bonds from contractors; to provide certain requirements regarding contracts with the water and sewerage authority; to authorize the issuance of revenue bonds; to

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provide for the forms, denominations, registration, and placement of bonds; to require signature and seal on all bonds; to provide for the negotiability of bonds; to provide for certain exemptions from taxation; to provide for the sale and price of bonds; to provide for certain requirements for the proceeds of bonds; to provide for interest receipts and certificates or temporary bonds; to provide for the replacement of lost or damaged bonds; to provide for certain requirements prior to issuing bonds; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 802. By Representatives Coan of the 101st, Neal of the 1st, Everson of the 106th, Collins of the 27th and Jones of the 46th:
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 quarantining and certified clean up of sites where methamphetamine was unlawfully manufactured; to define certain terms; to provide for notices of quarantine and the filing thereof in the offices of clerks of superior courts; to provide for lists of persons authorized to perform testing, clean up, and certify fitness of previously quarantined property; to provide for filing of certificates of fitness in the offices of clerks of superior courts; to provide for lifting of quarantines; to provide for a registry of quarantined properties and the removal of properties from such list; to provide for continued applicability of other provisions of said chapter; to provide for rules and regulations; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 803. By Representative Reese of the 98th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Sugar Hill, approved May 14, 2003 (Ga. L. 2003, p. 3546), as amended, so as to change the corporate limits of the city; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 804. By Representatives Greene of the 149th and Royal of the 171st:
A BILL to be entitled an Act to create the South Georgia Regional Information Technology Authority, so as to provide for communication systems projects in Baker, Calhoun, Early, Miller, and Mitchell counties; to

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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 bondholder remedies and interests, refunding bonds, venue and jurisdiction, and bond validation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 805. By Representative Maxwell of the 17th:
A BILL to be entitled an Act to provide a new charter for the City of Buchanan; 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, conflicts of interest, suspension, 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; to provide for the office of mayor and mayor pro tempore and certain duties and powers relative thereto; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, and other personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for severability; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 806. By Representative Hatfield of the 177th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, so as to change the corporate limits of such city; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Intragovernmental Coordination - Local.
HB 807. By Representatives England of the 108th and Sheldon of the 105th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Auburn, approved February 17, 1949 (Ga. L. 1949, p. 807), as amended, particularly by an Act approved April 19, 1989 (Ga. L. 1989, p. 5011), so as to provide that certain areas shall not be included as part of the City of Auburn; to provide for submission; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 808. By Representative Hanner of the 148th:
A BILL to be entitled an Act to amend an Act creating a new charter for Georgetown-Quitman County (formerly City of Georgetown and Quitman County), approved by referendum November 7, 2006, so as to change provisions relating to the conflict of laws; 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 - Local.
HR 719. By Representative Stephens of the 164th:
A RESOLUTION urging the State of Georgia to study and put forward a strategic business framework for increased trade, tourism, and investment by creating a public-private forum to analyze the creation of a permanent "world showcase," a centralized resource in downtown Atlanta, Georgia, to improve its global appeal and presence and simultaneously expand the existing international dynamic with the local business community and the state's citizens.
Referred to the Committee on Economic Development & Tourism.
HR 720. By Representatives Sims of the 169th, Rogers of the 26th and Roberts of the 154th:
A RESOLUTION creating the House Study Committee on the Funeral Service Profession; and for other purposes.
Referred to the Committee on Regulated Industries.

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HR 721. By Representatives Cooper of the 41st, Tumlin of the 38th, Abrams of the 84th, Royal of the 171st and Peake of the 137th:

A RESOLUTION creating the House Study Committee to incentivize indigent health care by physicians; 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 792 HB 793 HB 794 HB 795 HB 796

HB 797 HR 688 SB 298 SB 316 SB 317

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 Senate and has instructed me to report the same back to the House with the following recommendation:

SB 224 Do Pass, by Substitute

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 Intragovernmental Coordination - 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 488 HB 785 HB 786

Do Pass Do Pass Do Pass

HB 787 Do Pass HB 788 Do Pass

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Respectfully submitted, /s/ Rynders of the 152nd
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 23 SB 139 SB 203

Do Pass Do Pass Do Pass, by Substitute

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 Senate and has instructed me to report the same back to the House with the following recommendation:

SB 162 Do Pass

Respectfully submitted, /s/ Bridges of the 10th
Chairman

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

HR 528 HR 667 HR 718

Do Pass Do Pass Do Pass

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

HOUSE RULES CALENDAR TUESDAY, APRIL 10, 2007

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

None

Modified Open Rule

None

Modified Structured Rule

HR 415

Government of Turkey; urge to grant the Ecumenical Patriarch international recognition (HumR-Cheokas-134th)

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 488. By Representatives Knight of the 126th and Crawford of the 127th:

A BILL to be entitled an Act to amend an Act creating a new charter for the City of Milner, approved April 25, 1969 (Ga. L. 1969, p. 3475), as amended,

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so as to change certain provisions relating to the election of mayor and councilmembers; to change the term of office for the mayor and councilmembers; to clarify the manner by which a quorum is defined; to 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 785. By Representative Hudson of the 124th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 188485, p. 435), as amended, so as to consolidate the amendatory Acts into one Act and to modernize and update such Act; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 786. By Representative Crawford of the 16th:
A BILL to be entitled an Act to amend an Act providing a new Board of Education for Polk County, approved March 28, 1985 (Ga. L. 1985, p. 4985), as amended, particularly by an Act approved April 21, 1997 (Ga. L. 1997, p. 4220), so as to provide the compensation and expenses of the members of the board of education; 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 787. By Representative Crawford of the 16th:
A BILL to be entitled an Act to amend an Act creating the Polk County Water Authority, approved April 14, 1967 (Ga. L. 1967, p. 3108), as amended, particularly by an Act approved January 25, 1994 (Ga. L. 1994, p. 3876), so as to change certain provisions relating to the reappointment and taking of office of members 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.

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HB 788. By Representatives Smith of the 129th and Buckner of the 130th:

A BILL to be entitled an Act to amend an Act providing a homestead exemption from Harris County ad valorem taxes for county purposes for residents who are 65 years of age or over or disabled and meet certain income qualifications, approved April 1, 1994 (Ga. L. 1994, p. 4551), so as to change the qualifications for the exemptions and the amount of the exemption; to provide for applicability of the exemption to ad valorem taxes for educational purposes levied by, for, or on behalf of the Harris County school district; to provide for related matters; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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

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

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

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe
Barnard Y Bearden E Beasley-Teague E Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns
Butler Y Byrd Y Carter, A
Carter, B Y Casas Y Chambers Y Channell Y Cheokas
Coan Cole E Coleman Y Collins

Y Dempsey Y Dickson Y Dollar Y Drenner
Dukes Ehrhart Y England E Epps Y Everson Y Fleming Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S
Jordan Y Kaiser
Keen Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord

Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills
Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston
Randall Y Reece Y Reese

Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon
Shipp Y Sims, B
Sims, C Y Sims, F
Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V
Smyre Stanley-Turner Y Starr Y Stephens Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Willard

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1889

Y Cooper Cox
Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S E Day

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

Y Loudermilk Lucas Lunsford
Y Maddox Mangham
E Manning E Marin

Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Williams, A Y Williams, E Y Williams, M Y Williams, R
Wix Y Yates
Richardson, Speaker

On the passage of the Bills, the ayes were 134, nays 0.

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

Representative 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 has passed by the requisite constitutional majority the following bills of the Senate and House:

SB 31. By Senator Thomas of the 2nd:

A BILL to be entitled an Act to amend an Act incorporating the City of Port Wentworth, approved February 6, 1957 (Ga. L. 1957, p. 2003), as amended, so as to reconstitute the governing authority of the city; to provide for council districts; to provide for definitions and inclusions; to provide for continuation in office of the mayor and current council members; to change the provisions relating to the regular expiration of terms of office of certain council 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.

SB 314. By Senators Brown of the 26th and Staton of the 18th:

A BILL to be entitled an Act to provide that no person who is serving on the Bibb County Board of Tax Assessors or who has served on the Bibb County Board of Tax Assessors within the preceding 12 month period shall be eligible to serve as an employee of such board in any capacity; to repeal conflicting laws; and for other purposes.

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SB 319. By Senators Seay of the 34th and Davenport of the 44th:
A BILL to be entitled an Act to authorize the City of Riverdale to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
SB 320. By Senator Meyer von Bremen of the 12th:
A BILL to be entitled an Act to authorize the City of Albany 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 53. By Representatives England of the 108th, Benton of the 31st, McCall of the 30th and Jamieson of the 28th:
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 court, so as to change certain provisions relating to the Piedmont Circuit; to repeal conflicting laws; and for other purposes.
HB 482. By Representatives Lane of the 158th and Stephens of the 164th:
A BILL to be entitled an Act to abolish the office of elected county surveyor of Bryan County pursuant to Code Section 36-7-2.1 of the O.C.G.A.; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 501. By Representative Jenkins of the 8th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Hiawassee 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 allow such exemption to continue to be received by an unremarried surviving spouse or the child, children, grandchild, or grandchildren of the deceased spouse; to provide for

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1891

applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
HB 502. By Representative Jenkins of the 8th:
A BILL to be entitled an Act to provide for a homestead exemption from Towns 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 allow such exemption to continue to be received by an unremarried surviving spouse or the child, children, grandchild, or grandchildren of the deceased spouse; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
HB 509. By Representative Jenkins of the 8th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Young Harris 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 allow such exemption to continue to be received by an unremarried surviving spouse or the child, children, grandchild, or grandchildren of the deceased spouse; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
HB 513. By Representatives Day of the 163rd, Carter of the 159th, Bryant of the 160th, Gordon of the 162nd and Stephens of the 164th:
A BILL to be entitled an Act to amend an Act authorizing the governing authority of Chatham County to provide an additional supplement to the salaries of each of the judges of the superior courts of the Eastern Judicial Circuit, approved April 6, 1981 (Ga. L. 1981, p. 548), as amended by an Act approved April 14, 1997 (Ga. L. 1997, p. 4108), so as to provide an additional supplement to the salary of the chief judge of the Eastern Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 543. By Representatives Carter of the 159th and Burns of the 157th:

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A BILL to be entitled an Act to amend an Act entitled "An Act to further define and prescribe the powers and duties of the Effingham County Industrial Development Authority," approved March 18, 1986 (Ga. L. 1986, p. 3873), as amended, so as to provide that the authority shall be subject to county zoning ordinances; to repeal conflicting laws; and for other purposes.
HB 555. By Representative Shaw of the 176th:
A BILL to be entitled an Act to create a board of elections and registration for Clinch County and provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of its members; to provide for the qualification, terms, and removal of members and for filling vacancies; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of certain powers and duties and 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 officers 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 for effective dates; to repeal conflicting laws; and for other purposes.
HB 575. By Representative Morris of the 155th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Santa Claus 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 applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
HB 576. By Representative Morris of the 155th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Vidalia 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 applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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HB 580. By Representative Williams of the 178th:
A BILL to be entitled an Act to amend an Act providing for the compensation and selection of the Board of Education of Pierce County, approved April 12, 1982 (Ga. L. 1982, p. 4649), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4642), so as to provide for the salary and expenses of the members of such board of education; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 588. By Representatives Benton of the 31st and Jamieson of the 28th:
A BILL to be entitled an Act to provide a new charter for the City of Maysville; 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 prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for submission to the United States Department of Justice; to provide for severability; to repeal a specific Act; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
HB 601. By Representatives Benton of the 31st and McCall of the 30th:
A BILL to be entitled an Act to amend an Act entitled "An Act to create a board of county commissioners for the county of Jackson," approved December 18, 1901 (Ga. L. 1901, p. 257), as amended, particularly by an Act approved March 16, 1999 (Ga. L. 1999, p. 3570), so as to provide for new commissioner districts; to provide for currently serving commissioners; to provide for the submission of this Act for approval; to repeal conflicting laws; and for other purposes.
HB 615. By Representatives Lane of the 158th, Burns of the 157th and Parrish of the 156th:
A BILL to be entitled an Act to amend an Act placing the coroner of Bulloch County on a salary basis, approved April 4, 1967 (Ga. L. 1967, p. 2524), as amended, particularly by an Act approved March 9, 1989 (Ga. L. 1989, p. 3622), so as to change certain provisions relating to compensation and expenses of the coroner; to repeal conflicting laws; and for other purposes.

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HB 635. By Representatives Johnson of the 75th, Glanton of the 76th, Starr of the 78th, Abdul-Salaam of the 74th, Sinkfield of the 60th and others:
A BILL to be entitled an Act to authorize the City of Forest Park 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 647. By Representatives Setzler of the 35th, Tumlin of the 38th, Cooper of the 41st, Johnson of the 37th, Wix of the 33rd and others:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, so as to change the provisions relating to the corporate limits of the city; to repeal conflicting laws; and for other purposes.
HB 666. By Representatives Crawford of the 127th, Knight of the 126th, Sellier of the 136th and Cole of the 125th:
A BILL to be entitled an Act to create the Joint Board of Elections and Registration of Lamar County, which shall conduct primaries and elections for Lamar County, the City of Barnesville, and the City of Milner; 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 certain personnel; 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 675. By Representative Channell of the 116th:
A BILL to be entitled an Act to provide that certain officials of Greene County who have served at least 15 years in office may, upon leaving, continue to participate in the county health insurance program for themselves and their dependents by paying the total cost of such participation; to provide for related maters; to repeal conflicting laws; and for other purposes.

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1895

HB 677. By Representatives Bearden of the 68th, Butler of the 18th and Nix of the 69th:
A BILL to be entitled an Act to provide for an advisory referendum election to be held in Carroll County for the purpose of determining whether the county governing authority should employ a county manager to conduct the daily business of the county; to provide for the question of whether such a system, if adopted, should include a full-time or part-time chairperson of the county commission; to provide that if the electors approve the employment of a county manager, the county commission shall vote on a resolution requesting the Carroll County legislative delegation to implement the suggestions; to provide that, if such vote is unanimous, the county commission shall transmit a copy of such resolution to each member of the Carroll County legislative delegation; to provide for a declaration of public purpose; to provide for the submission of this Act to the United States Department of Justice for preclearance; to repeal conflicting laws; and for other purposes.
HB 680. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Douglas, approved March 10, 1993 (Ga. L. 1993, p. 4022), as amended, so as to provide that all municipal elections for the city shall be conducted by the Coffee County Board of Elections and Registration; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 681. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act to incorporate the City of Ambrose in Coffee County, approved March 4, 1955 (Ga. L. 1955, p. 2662), as amended, as so to provide that all municipal elections for the city shall be conducted by the Coffee County Board of Elections and Registration; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 682. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act establishing a new charter for the City of Nicholls, approved August 16, 1920 (Ga. L. 1920, p. 1329), as amended, so as to provide that city elections shall be conducted pursuant to the Georgia Election Code; to provide that all municipal elections for the city shall be conducted by the Coffee County Board of Elections and Registration; to provide for related matters; to repeal conflicting laws; and for other purposes.

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HB 683. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Broxton, Georgia, in the County of Coffee, approved April 6, 1981 (Ga. L. 1981, p. 3597), as amended, so as to provide that all municipal elections for the city shall be conducted by the Coffee County Board of Elections and Registration; to provide that all elections shall be conducted in accordance with the Georgia Election Code; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 684. By Representatives Amerson of the 9th and Ralston of the 7th:
A BILL to be entitled an Act to amend an Act to provide for an elected Board of Education of Dawson County, approved March 23, 1977 (Ga. L. 1977, p. 3529), as amended, so as to provide that the members of such board of education shall be authorized to establish the compensation of the members of such board; to provide for public meetings; to provide for the reimbursement of expenses; to provide that the members of such board may participate in a school district insurance plan; to repeal conflicting laws; and for other purposes.
HB 693. By Representatives Nix of the 69th and Smith of the 70th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide for homestead exemptions from Heard County ad valorem taxes for county purposes and from Heard County School District ad valorem taxes for educational purposes for certain residents of that county and school district," approved April 13, 1992 (Ga. L. 1992, p. 6107), so as to increase the homestead exemption from school district taxes for citizens age 65 and older; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
HB 694. By Representatives Nix of the 69th and Smith of the 70th:
A BILL to be entitled an Act to amend an Act entitled "An Act to create the Franklin-Heard County Water Authority," approved March 21, 1984 (Ga. L. 1984, p. 4613), as amended, so as to provide a quorum; to provide for a unanimous vote on any official action; to repeal conflicting laws; and for other purposes.
HB 705. By Representatives Carter of the 159th and Burns of the 157th:

TUESDAY, APRIL 10, 2007

1897

A BILL to be entitled an Act to create a board of elections and registration for Effingham 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 certain personnel; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
HB 706. By Representatives Carter of the 159th and Burns of the 157th:
A BILL to be entitled an Act to abolish the elected office of county surveyor for Effingham County; to provide for the appointment of a county surveyor; to provide for a term of office; to repeal conflicting laws; and for other purposes.
The Senate has adopted, by the requisite constitutional majority, the following resolution of the House:
HR 57. By Representative McCall of the 30th:
A RESOLUTION authorizing the conveyance of certain state owned real property located in Elbert County, Georgia; 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 24. By Representatives Tumlin of the 38th, Keown of the 173rd, Freeman of the 140th, Oliver of the 83rd and Dempsey of the 13th:
A BILL to be entitled an Act to amend Title 31 of the O.C.G.A., relating to health, so as to provide for an advance directive for health care which combines provisions of a living will and a durable power of attorney for health care; to provide for revocation, the effect of marriage, and guardianship; to provide for duties and responsibilities of health care agents and health care providers; to provide for conditions precedent to carrying out health care treatment preferences and a physician's responsibilities; to provide for the effect of an advance directive for health care on criminal and insurance laws; to provide for penalties; to provide for the effect of Chapter 32 of Title 31 on other legal rights and duties; to repeal and reserve Chapter 36 of Title 31, relating to a durable power of attorney for health care; to correct cross-

1898

JOURNAL OF THE HOUSE

references; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 132. By Representatives Stephens of the 164th, Keen of the 179th, Carter of the 159th and Bryant of the 160th:
A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 52 of the Official Code of Georgia Annotated, relating to pilots of vessels generally, so as to change certain provisions relating to the numbers of pilots for certain ports; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 366. By Representatives Bearden of the 68th, Meadows of the 5th and Tumlin of the 38th:
A BILL to be entitled an Act to amend Code Section 30-4-2, relating to right to equal public accommodations and to be accompanied by guide or service dog, so as to provide that every person engaged in the raising of a dog for training as a guide or service dog shall have the right to be accompanied by such dog in the same manner as a totally or partially blind, deaf, or physically disabled person under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 582. By Representative Shaw of the 176th:
A BILL to be entitled an Act to amend an Act creating the Small Claims Court of Lanier County, now the Magistrate Court of Lanier County, approved April 6, 1981 (Ga. L. 1981, p. 3452), so as to provide that on and after January 1, 2009, the probate judge shall serve as chief magistrate of the Magistrate Court of Lanier County; to provide for the number and method of appointment for magistrates serving in such court; 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 31. By Senator Thomas of the 2nd:
A BILL to be entitled an Act to amend an Act incorporating the City of Port Wentworth, approved February 6, 1957 (Ga. L. 1957, p. 2003), as amended, so as to reconstitute the governing authority of the city; to provide for council districts; to provide for definitions and inclusions; to provide for continuation in office of the mayor and current council members; to change the provisions

TUESDAY, APRIL 10, 2007

1899

relating to the regular expiration of terms of office of certain council members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 314. By Senators Brown of the 26th and Staton of the 18th:
A BILL to be entitled an Act to provide that no person who is serving on the Bibb County Board of Tax Assessors or who has served on the Bibb County Board of Tax Assessors within the preceding 12 month period shall be eligible to serve as an employee of such board in any capacity; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 319. By Senators Seay of the 34th and Davenport of the 44th:
A BILL to be entitled an Act to authorize the City of Riverdale 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 Intragovernmental Coordination - Local.
SB 320. By Senator Meyer von Bremen of the 12th:
A BILL to be entitled an Act to authorize the City of Albany 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 Intragovernmental Coordination - Local.
The following members were recognized during the period of Morning Orders and addressed the House:

1900

JOURNAL OF THE HOUSE

Pruett of the 144th, Benton of the 31st, Black of the 174th, and Williams of the 165th.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 528. By Representative Heard of the 104th:
A RESOLUTION commending the 2006-2007 Pro Cheer Junior Coed and Senior All-Girl teams and inviting them to appear before the House of Representatives; and for other purposes.
HR 667. By Representatives Glanton of the 76th, Starr of the 78th and Jordan of the 77th:
A RESOLUTION commending the Clayton State University Lady Lakers basketball team and inviting them to appear before the House of Representatives; and for other purposes.
HR 718. By Representatives Wilkinson of the 52nd, O`Neal of the 146th, Talton of the 145th, Dempsey of the 13th and Ehrhart of the 36th:
A RESOLUTION honoring Bruce Goddard and inviting him to appear before the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 734. By Representative Pruett of the 144th:
A RESOLUTION honoring the Dodge County High School Japanese language classes on winning first place at the 2006-2007 Japan Academic Challenge and Speech Contest; and for other purposes.
HR 735. By Representative Pruett of the 144th:
A RESOLUTION recognizing and commending the Hawkinsville High School Red Devils girls basketball team; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Resolution of the House was taken up for consideration and read the third time:
HR 415. By Representatives Cheokas of the 134th, Wilkinson of the 52nd, Walker of the 107th, Keown of the 173rd, Davis of the 122nd and others:

TUESDAY, APRIL 10, 2007

1901

A RESOLUTION urging the Government of Turkey to grant the Ecumenical Patriarch appropriate international recognition, ecclesiastical succession, and the right to train clergy of all nationalities and to respect the property rights and human rights of the Ecumenical Patriarchate; 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague E Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A
Carter, B Y Casas Y Chambers Y Channell Y Cheokas
Coan Y Cole E Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S E Day

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

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

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

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

On the adoption of the Resolution, the ayes were 155, nays 0.

1902

JOURNAL OF THE HOUSE

The Resolution, having received the requisite constitutional majority, was adopted.
Representatives Jenkins of the 8th 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 "aye" thereon.
Representative Bridges of the 10th moved that the following Bill of the Senate be withdrawn from the Committee on Retirement and recommitted to the Committee on Appropriations:
SB 172. By Senator Goggans of the 7th:
A BILL to be entitled an Act to amend provisions of the Official Code of Georgia Annotated relating to public employee health care; to amend Article 6 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the Georgia Retiree Health Benefit Fund, so as to provide for reports to the board of community health; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The motion prevailed.
The following Resolutions of the House were read and adopted:
HR 736. By Representatives Peake of the 137th, Sellier of the 136th, Cole of the 125th, Freeman of the 140th, Lucas of the 139th and others:
A RESOLUTION recognizing State Spelling Bee Champion Shoman Kasbekar; and for other purposes.
HR 737. By Representative Cox of the 102nd:
A RESOLUTION recognizing and commending Parkview High School; and for other purposes.
HR 738. By Representative Jones of the 46th:
A RESOLUTION recognizing and commending Mr. Norris Gaynor on the occasion of his retirement; and for other purposes.
HR 739. By Representative Everson of the 106th:
A RESOLUTION recognizing and commending Corporal Greg Perry of the Snellville Police Department; and for other purposes.

TUESDAY, APRIL 10, 2007

1903

HR 740. By Representative Everson of the 106th:
A RESOLUTION recognizing and commending Rebekah Lynn Breck; and for other purposes.
HR 741. By Representative Rice of the 51st:
A RESOLUTION commending the Norcross High School Blue Devils basketball team on winning the Class AAAAA championship; and for other purposes.
HR 742. By Representative Stephens of the 164th:
A RESOLUTION commending Sean Thomas Long; and for other purposes.
HR 743. By Representative Benton of the 31st:
A RESOLUTION commending Veronica (Nicky) Lacey Wilbanks and expressing gratitude for 30 years of service as a public school teacher; and for other purposes.
HR 744. By Representative Bryant of the 160th:
A RESOLUTION commending Corporal Benji Selph of the Garden City Police Department; and for other purposes.
HR 745. By Representative Bryant of the 160th:
A RESOLUTION commending Officer Bill Tolle of the Garden City Police Department; and for other purposes.
HR 746. By Representative Bryant of the 160th:
A RESOLUTION commending Officer Mathew Willcoxon of the Garden City Police Department; and for other purposes.
HR 747. By Representative Bryant of the 160th:
A RESOLUTION commending Star Corporal Reginald Owens of the Savannah Metropolitan Police Department; and for other purposes.

1904

JOURNAL OF THE HOUSE

HR 748. By Representative Everson of the 106th:
A RESOLUTION commending Alan Dighton of the New London School of Driving; and for other purposes.
HR 749. By Representative Coleman of the 97th:
A RESOLUTION commending James Burnette; and for other purposes.
HR 750. By Representative Jones of the 44th:
A RESOLUTION commending the Parole Reporting Center; and for other purposes.
HR 751. By Representatives Fludd of the 66th, Lakly of the 72nd, Jordan of the 77th, Abdul-Salaam of the 74th and Yates of the 73rd:
A RESOLUTION commending the Fayette County Branch of the National Association for the Advancement of Colored People on the occasion of its tenth anniversary; and for other purposes.
HR 752. By Representative Cox of the 102nd:
A RESOLUTION congratulating the 2007 Greater Atlanta Christian School Spartans girls' basketball team on winning the Class AA State Championship; and for other purposes.
HR 753. By Representatives Collins of the 27th, Mills of the 25th, Rogers of the 26th and Benton of the 31st:
A RESOLUTION congratulating Gainesville Church of God on its 75th anniversary; and for other purposes.
HR 754. By Representative Coleman of the 97th:
A RESOLUTION congratulating and commending Christian Beginnings Preschool and Kindergarten; and for other purposes.
HR 755. By Representative Cox of the 102nd:
A RESOLUTION expressing regret at the passing of Mike Taylor; and for other purposes.

TUESDAY, APRIL 10, 2007

1905

By order of the Committee on Rules, the following Bill of the Senate was withdrawn from the General Calendar and recommitted to the Committee on Motor Vehicles:

SB 81.

By Senators Pearson of the 51st, Wiles of the 37th, Thomas of the 54th, Hawkins of the 49th, Schaefer of the 50th 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 and special license plates, so as to provide a special license plate commemorating 100 years of scouting; to provide that a portion of the funds generated by the sale of such special license plate be disbursed to the Boy Scouts of America; to repeal conflicting laws; 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 227 HR 532 HR 593

Do Pass Do Pass Do Pass

HR 594 Do Pass HR 665 Do Pass

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

HR 227. By Representative Porter of the 143rd:

A RESOLUTION recognizing and congratulating the Dublin High School Fighting Irish football team on winning the 2006 Class AA State Football Championship and inviting them to appear before the House of Representatives; and for other purposes.

HR 532. By Representatives Coan of the 101st, Heard of the 104th, Sheldon of the 105th and Reese of the 98th:

A RESOLUTION commending the 2006-2007 Collins Hill High School Eagles girls basketball team and inviting them to appear before the House of Representatives; and for other purposes.

HR 593. By Representatives Hembree of the 67th, Smith of the 113th, Shaw of the 176th, Smith of the 168th and Hatfield of the 177th:

A RESOLUTION commending Kayla Chaney and inviting her to appear before the House of Representatives; and for other purposes.

1906

JOURNAL OF THE HOUSE

HR 594. By Representatives Hembree of the 67th, Smith of the 113th, Morris of the 155th and Barnard of the 166th:
A RESOLUTION commending Paul Graham and inviting him to appear before the House of Representatives; and for other purposes.
HR 665. By Representatives Burkhalter of the 50th and Martin of the 47th:
A RESOLUTION commending the Northview High School girls swim and dive team and inviting them 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 has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 94. By Representatives Richardson of the 19th, Harbin of the 118th, Golick of the 34th, Burkhalter of the 50th, Keen of the 179th and others:
A BILL to amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2006, and ending June 30, 2007, known as the "General Appropriations Act;" and for other purposes.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 94. By Representatives Richardson of the 19th, Harbin of the 118th, Golick of the 34th, Burkhalter of the 50th, Keen of the 179th and others:
A BILL to amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2006, and ending June 30, 2007, known as the "General Appropriations Act;" and for other purposes.
The following Senate substitute was read:
A BILL
To amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2006, and ending June 30, 2007, known as the general appropriations

TUESDAY, APRIL 10, 2007

1907

Act, approved May 8, 2006, as House Bill 1027, Act No. 950, Ga. Laws 2006, Volume One, Book Two Appendix, commencing at Page 1 of 188, so as to make, provide and change certain appropriations for the operation of 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:
SECTION 1.
An Act making and providing appropriations for the State Fiscal Year beginning July 1, 2006, and ending June 30, 2007, known as the general appropriations Act, approved May 8, 2006, as House Bill 1027, Act No. 950, Ga. Laws 2006, Volume One, Book Two Appendix, commencing at Page 1 of 188, is amended and revised:
At line 24, appropriate an additional amount of $672,479,288 in State Funds.
At line 28, appropriate an additional amount of $499,091,692 in State General Funds.
Between line 29 and line 30, insert line 29a and appropriate $173,387,596 in Revenue Shortfall Reserve for K-12 Needs.
SECTION 2.
At Line 156, appropriate an additional amount of $355,290 in State General Funds to Court of Appeals within the Court of Appeals.
At Line 198, appropriate an additional amount of $185,212 in State General Funds to Judicial Council within the Judicial Council.
At Line 216, appropriate an additional amount of $5,535 in State General Funds to Judicial Qualifications Commission within the Judicial Council.
At Line 238, appropriate an additional amount of $73,579 in State General Funds to Council of Juvenile Court Judges within the Juvenile Courts.
At Line 248, appropriate an additional amount of $10,625 in State General Funds to Grants to Counties for Juvenile Court Judges within the Juvenile Courts.

1908

JOURNAL OF THE HOUSE

At Line 266, reduce appropriation in the amount of $500,000 in State General Funds in District Attorneys within the Prosecuting Attorneys.
At Line 280, appropriate an additional amount of $500,000 in State General Funds to Prosecuting Attorney's Council within the Prosecuting Attorneys.
At Line 314, appropriate an additional amount of $6,200,000 in State General Funds to Public Defenders within the Public Defenders Standards Council, Georgia.
At Line 335, appropriate an additional amount of $27,443 in State General Funds to Council of Superior Court Judges within the Superior Courts.
At Line 345, appropriate an additional amount of $58,059 in State General Funds to Judicial Administrative Districts within the Superior Courts.
At Line 354, appropriate an additional amount of $653,299 in State General Funds to Superior Court Judges within the Superior Courts.
At Line 370, appropriate an additional amount of $236,014 in State General Funds to Supreme Court of Georgia within the Supreme Court.
SECTION 3.
At line 808, change the purpose for LAG#26 to "Contract with a local drug abuse treatment program that assists Charlton County residents with the increasing meth problem in rural Georgia."
At line 809, change the recipient for LAG#27 from Fulton County to City of Milton.
At line 809, change the purpose for LAG#27 to "Provide funds to make restroom improvements at Bell Memorial Park."
At line 838, change the purpose for LAG#56 to "Provide funds to the City of Reidsville to pave roadways at the Reidsville City Cemetery."
At line 859, change the purpose for LAG#87 to "Provide funds to the Okefenokee Heritage Center to research and design exhibits."
At line 870, change the purpose for LAG#98 to "Purchase a treadmill, a booster heater for dishwashing system and a computer for Internet access for the Murray County Senior Center."

TUESDAY, APRIL 10, 2007

1909

At line 887, change the recipient for LAG#115 from DeKalb County to DeKalb County BOE.
At line 887, change the purpose for LAG#115 to "Provide funds to Fernbank Elementary School for the playground renovation project."
At line 896, change the purpose for LAG#124 to "Provide equipment for emergency operations command center."
At line 918, change the recipient for LAG#147 from DeKalb County to DeKalb County BOE.
At line 925, change the recipient for LAG#154 from Macon County BOE to Macon County.
At line 932, change the recipient for LAG#161 from DeKalb County to DeKalb County BOE.
At line 941, change the purpose to LAG#170 to "Purchase computers, software and equipment for Okefenokee Heritage Center."
At line 1038, change the recipient for LAG#267 from City of Baldwin to Baldwin County.
At line 1040, change the purpose for LAG #269 to "Purchase two greenhouses for an elementary and middle school."
At line 1052, change the recipient for LAG#281 from Fulton County to City of East Point.
At line 1053, change the recipient for LAG#282 from Fulton County to Atlanta Development Authority.
At line 1054, change the recipient for LAG#283 from Fulton County to Atlanta Development Authority.
At line 1056, change the recipient for LAG#285 from City of Acworth to Lake Allatoona Preservation Authority.
At line 1060, change the recipient for LAG#289 from DeKalb County to City of Stone Mountain.
At line 1060, change the purpose for LAG #289 to "Renovate city hall."

1910

JOURNAL OF THE HOUSE

At line 1072, change the recipient for LAG#301 from Hart County to City of Hartwell.
At line 1073, change the recipient for LAG#302 from Floyd County to City of Rome.
At line 1074, change the recipient for LAG#303 from Floyd County to Floyd County BOE.
At line 1075, change the recipient for LAG#304 from Floyd County to City of Rome.
At line 1076, change the recipient for LAG#305 from Floyd County to Floyd County BOE.
At line 1080, change the recipient for LAG#309 from Catoosa County to City of Ringgold.
At line 1081, change the purpose for LAG #310 to "Renovate and repair community center."
At line 1083, change the recipient for LAG #312 from DeKalb County to City of Clarkston.
At line 1084, change the recipient for LAG#313 from Fulton County to City of Milton.
At line 1084, change the purpose for LAG#313 to "Provide funds to make restroom improvements at Bell Memorial Park."
At line 1087, change the recipient for LAG#316 from City of Atlanta to City of Atlanta BOE.
SECTION 4.
Immediately following line 1200, append the paragraph with: "For this purpose the appropriation of State General Funds for the Aged, Blind and Disabled Medicaid program will be the amount stated in the line item less the amount stated in the proviso in the program statement, to the extent that the proviso amount is used for PeachCare."
At Line 1208, appropriate an additional amount of $14,130,000 in State General Funds to Administration within the Department of Community Health.
At Line 1249, appropriate an additional amount of $32,124,177 in State General Funds to Indigent Care Trust Fund within the Department of Community Health.

TUESDAY, APRIL 10, 2007

1911

Immediately preceding line 1259, repeal the purpose and replace with "The purpose of this appropriation is to improve healthcare access primarily to elderly and disabled individuals; provided however, that from within the State General Funds appropriation immediately below, the amount of $73,000,000 is appropriated for the purposes of the Aged, Blind and Disabled Medicaid and PeachCare programs."
At Line 1264, appropriate an additional amount of $131,142,993 in State General Funds to Aged, Blind, and Disabled Medicaid within the Department of Community Health.
At Line 1288, appropriate an additional amount of $79,826,278 in State General Funds to Low-Income Medicaid within the Department of Community Health.
At Line 1314, appropriate an additional amount of $10,817,691 in State General Funds to Nursing Home Provider Fees within the Department of Community Health.
Immediately preceding line 1318, repeal the purpose and replace with: "The purpose of this appropriation is to improve access to healthcare for qualified low-income Georgia children; provided however, that from within the State General Funds appropriation in the Aged, Blind and Disabled Medicaid program, the amount of $73,000,000 is appropriated for the purposes of the Aged, Blind and Disabled Medicaid and PeachCare programs."
At Line 1323, appropriate an additional amount of $8,248,614 in State General Funds to PeachCare within the Department of Community Health.
Immediately preceding line 1558, repeal the purpose and replace with "The purpose of this appropriation is to house violent or repeat criminals, or nonviolent inmates who have exhausted all other forms of punishment; provided however, that to the extent agency funds are available to the department, agency funds shall be applied to the State Prisons program to offset any deficits in this program."
At Line 1736, appropriate an additional amount of $7,644,940 in Lottery Funds to PreKindergarten within the Department of Early Care and Learning.
At Line 1905, appropriate an additional amount of $80,000 in Revenue Shortfall Reserve for K-12 Needs to Central Office within the Department of Education.
At Line 1955, appropriate an additional amount of $5,215,684 in Revenue Shortfall Reserve for K-12 Needs to Equalization within the Department of Education.
At Line 2008, appropriate an additional amount of $191,253 in Revenue Shortfall Reserve for K-12 Needs to Local Five Mill Share within the Department of Education.

1912

JOURNAL OF THE HOUSE

At Line 2014, appropriate an additional amount of $1,256,593 in Revenue Shortfall Reserve for K-12 Needs to National Board Certification within the Department of Education.
At Line 2022, appropriate an additional amount of $1,429,672 in Revenue Shortfall Reserve for K-12 Needs to Non-Quality Basic Education Grants within the Department of Education.
At Line 2061, appropriate an additional amount of $164,846,273 in Revenue Shortfall Reserve for K-12 Needs to Quality Basic Education Program within the Department of Education.
At line 2061, appropriate an additional amount of $1,758,150 in State General Funds to Quality Basic Education Program within the Department of Education.
At Line 2121, appropriate an additional amount of $127,656 in Revenue Shortfall Reserve for K-12 Needs to State Schools within the Department of Education.
At line 2142, appropriate an additional amount of $240,465 in Revenue Shortfall Reserve for K-12 Needs to Testing within the Department of Education.
At Line 2301, appropriate an additional amount of $11,000,000 in State General Funds to the Governor's Emergency Funds within the Office of the Governor.
At Line 2612, appropriate an additional amount of $4,500,000 in State General Funds to the Adult Mental Health Services within the Department of Human Resources.
At Line 2776, appropriate an additional amount of $4,500,000 in State General Funds to Direct Care Support Services within the Department of Human Resources.
At Line 4490, appropriate an additional amount of $321,950 in State General Funds to Teaching within the Regents, University System of Georgia.
At Line 4590, reduce State General Funds by $7,000,000 for Homeowner Tax Relief Grants (HTRG) within the Department of Revenue.
At Line 4937, reduce Lottery Funds by $3,822,470 for HOPE Grant within the Student Finance Commission and Authority, Georgia.
At Line 4946, reduce Lottery Funds by $3,822,470 for HOPE Scholarships--Public Schools within the Student Finance Commission and Authority, Georgia.

TUESDAY, APRIL 10, 2007

1913

At Line 5012, reduce State General Funds by $2,143,200 for Local/Floor COLA within the Teachers' Retirement System.
At Line 5080, appropriate an additional amount of $63,100 in State General Funds to Technical Education within the Department of Technical and Adult Education.
At Line 5350, appropriate an additional amount of $718,419 in State General Funds to the Georgia War Veterans Nursing Home--Augusta within the Department of Veterans Service.
At Line 5419, appropriate an additional amount of $134,502,052 in State General Funds to the GO Bond Issued within the General Obligation Debt Sinking Fund.
At Line 5506, repeal current language relating to Bond #74 and replace with the following: [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 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 $8,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
SECTION 5.
The General Assembly recognizes and intends for at least $66,776,412 in unappropriated surplus to be placed in the Revenue Shortfall Reserve.
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.
By unanimous consent, the House disagreed to the Senate substitute to HB 94, pursuant to authority granted to the Speaker.
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:

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Mr. Speaker:
The Senate insists on its substitute to the following bill of the House:
HB 94. By Representatives Richardson of the 19th, Harbin of the 118th, Golick of the 34th, Burkhalter of the 50th, Keen of the 179th and others:
A BILL to amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2006, and ending June 30, 2007, known as the "General Appropriations Act;" 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 94. By Representatives Richardson of the 19th, Harbin of the 118th, Golick of the 34th, Burkhalter of the 50th, Keen of the 179th and others:
A BILL to amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2006, and ending June 30, 2007, known as the "General Appropriations Act;" and for other purposes.
By unanimous consent, the House insisted on its position in disagreeing to the Senate substitute to HB 94 and a Committee of Conference was appointed on the part of the House to confer with a like committee on the part of the Senate, pursuant to authority granted to the Speaker.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Keen of the 179th, Harbin of the 118th and Burkhalter of the 50th.
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 94. By Representatives Richardson of the 19th, Harbin of the 118th, Golick of the 34th, Burkhalter of the 50th, Keen of the 179th and others:

TUESDAY, APRIL 10, 2007

1915

A BILL to amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2006, and ending June 30, 2007, known as the "General Appropriations Act;" and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Hill of the 4th, Johnson of the 1st, and Williams of the 19th.
The Speaker announced the House in recess until 5:00 o'clock P.M., at which time the House will stand adjourned until 1:00 o'clock, tomorrow afternoon.

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Representative Hall, Atlanta, Georgia

Wednesday, April 11, 2007

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:

Abrams Amerson Ashe Barnard Bearden E Beasley-Teague E Benfield Benton Black Bridges Brooks Bruce Bryant Buckner Burkhalter Burns Butler Byrd Carter, A Carter, B Casas Chambers Channell Cheokas Coleman Collins Cooper Cox Crawford, R Davis, H E Day

Dempsey Dickson Dollar Drenner Ehrhart England Epps Everson Fleming Floyd, H Floyd, J Fludd Forster Franklin Frazier Gardner Geisinger Glanton Golick Gordon Graves Greene Hamilton Hanner Hatfield Heard, J Heard, K E Heckstall Hembree E Henson

Hill, C Hill, C.A Holmes Holt Houston Howard E Hudson Hugley James Jamieson Jenkins Jerguson Johnson, C E Johnson, T Jones, J E Jones, S Kaiser Keen Keown Knight Lakly Lane, B Lane, R Levitas Lewis Lord Loudermilk Lunsford Maddox Mangham

E Manning Marin Martin Maxwell May McCall McKillip Meadows Millar Mills Mitchell
E Morgan Morris Mosby Mumford Murphy Neal Nix Oliver O'Neal Parham Parrish Parsons Peake Porter Pruett Ralston Reece Reese Rice

Roberts Rogers Royal Rynders E Sailor Scott, A Scott, M Sellier Shipp Sims, B Sims, F Sinkfield Smith, L Smith, R Smith, V Starr Stephens E Stephenson Talton Teilhet Thomas, B Tumlin Watson Wilkinson Williams, E Williams, M Williams, R E 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, Coan of the 101st, Cole of the 125th, Crawford of the 127th, Davis of the 109th, Dukes of the 150th, Freeman of the 140th, Harbin of the 118th, Horne of the 71st, Jacobs of the 80th, Jordan of the 77th, Knox of the 24th, Lindsey of the 54th, Lucas of the 139th, Powell of the 29th, Randall of the 138th, Setzler of the 35th, Sheldon of the 105th, Sims of the 169th, Smith of the 168th, Smyre of the 132nd, Stanley-Turner of the 53rd, Thomas of the 55th, Walker of the 107th, and Williams of the 165th.

WEDNESDAY, APRIL 11, 2007

1917

They wish to be recorded as present.
Prayer was offered by Reverend Donald Bryant, Friendship Baptist Church, College Park, Georgia.
The members pledged allegiance to the flag.
Representative Lakly of the 72nd, 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 809. By Representative Jones of the 46th:
A BILL to be entitled an Act to create the City of Milton Public Buildings and 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, to contract payments to the authority 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

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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 provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 810. By Representative Jones of the 46th:
A BILL to be entitled an Act to amend an Act to incorporate the City of Milton in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3554), so as to change the corporate limits; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 811. By Representative Jones of the 46th:
A BILL to be entitled an Act to amend an Act to incorporate the City of Milton in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3554), so as to provide for certain qualifications for the office of mayor or councilmember; to provide for term limits; to change the compensation for the mayor and councilmembers; to provide for certain nominations; to eliminate the position of executive aide; to provide for the composition of certain boards, commissions, and authorities; to remove certain franchise provisions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 812. By Representatives Jones of the 46th, Geisinger of the 48th, Willard of the 49th and Martin of the 47th:
A BILL to be entitled an Act to amend an Act to reincorporate the City of Roswell in the County of Fulton, approved April 19, 2000 (Ga. L. 2000, p. 3844), as amended, so as to change the corporate limits; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 813. By Representative Jones of the 46th:
A BILL to be entitled an Act to create the City of Milton Parks and Recreation Authority; to authorize such authority to acquire, construct, equip, maintain, and operate or contract for services to provide athletic and

WEDNESDAY, APRIL 11, 2007

1919

recreational centers, facilities, and areas, including, but not limited to, playgrounds, parks, hiking, camping, and picnicking areas and facilities, swimming and wading pools, lakes, tennis courts, athletic fields and courts, clubhouses, gymnasiums, auditoriums, youth centers, senior citizen centers, stadiums, performing arts centers, cultural centers, related buildings, golf courses, and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities; to acquire parking facilities and parking areas in connection therewith; to provide that bonds be validated as authorized by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law"; to provide for construction; to provide for personnel; to provide for conveyance of property upon dissolution; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 814. By Representatives Manning of the 32nd, Tumlin of the 38th, Parsons of the 42nd, Ehrhart of the 36th, Setzler of the 35th and others:
A BILL to be entitled an Act to amend an Act creating the Cobb County Commission on Children and Youth, approved February 24, 1988 (Ga. L. 1988, p. 3569), as amended particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3672), so as to re-create the Cobb County Commission on Children and Youth; to provide for the manner of appointment of members; to provide for duties and powers; to authorize the commission to receive and expend funds; to provide for all related matters; to provide for an annual report; to allow the commission to qualify for treatment under the Internal Revenue Code as a tax exempt organization; to provide for a termination date; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 815. By Representatives Rogers of the 26th, Harbin of the 118th, Smith of the 113th and Hembree of the 67th:
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 change the definition of persons who may opt between the Teachers Retirement System of Georgia and the Regents Retirement Plan; to change provisions relative to the employer's contribution to the Regents Retirement Plan; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Retirement.
HB 816. By Representatives Henson of the 87th, Watson of the 91st, Chambers of the 81st, Drenner of the 86th, Millar of the 79th and others:
A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in DeKalb County and in each municipality therein; to provide for a short title; to provide for the purposes of such districts; to provide for definitions; to provide for boards to administer said districts; to provide for the appointment and election of members of such boards; to provide for taxes, fees, and assessments; to provide for the boundaries of such districts; to provide for debt of such districts other than bonded indebtedness; to provide for cooperation with local governments; to provide for powers of such boards; 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 provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 817. By Representatives Holmes of the 61st, Brooks of the 63rd, Abrams of the 84th, Gardner of the 57th, Kaiser of the 59th and others:
A BILL to be entitled an Act to create the McPherson Implementing Local Redevelopment Authority; to provide for a short title; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; 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 liberal construction; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 818. By Representatives Carter of the 159th, Bryant of the 160th, Gordon of the 162nd, Stephens of the 164th and Jackson of the 161st:
A BILL to be entitled an Act to abolish the elected office of county surveyor for Chatham County; to provide for the appointment of a county surveyor; to

WEDNESDAY, APRIL 11, 2007

1921

provide for a term of office; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 819. By Representatives Dollar of the 45th, Parsons of the 42nd, Golick of the 34th, Cooper of the 41st, Ehrhart of the 36th and others:
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 30, 1989 (Ga. L. 1989, p. 4711), so as to provide for a pay increase for the members and chairperson of the Cobb County-Marietta Water Authority; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 820. By Representatives Tumlin of the 38th, Manning of the 32nd, Parsons of the 42nd, Teilhet of the 40th, Cooper of the 41st 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 1, 2006 (Ga. L. 2006, p. 3984), 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 Intragovernmental Coordination - Local.
HB 821. By Representatives Tumlin of the 38th, Manning of the 32nd, Parsons of the 42nd, Teilhet of the 40th, Golick of the 34th 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, 2006 (Ga. L. 2006, p. 4276), 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 Intragovernmental Coordination - Local.

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JOURNAL OF THE HOUSE

HB 822. By Representative Freeman of the 140th:
A BILL to be entitled an Act to amend Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to year's support, so as to provide for certain tax exemptions related to year's support; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 823. By Representatives Amerson of the 9th, Yates of the 73rd, Williams of the 4th and Parham of the 141st:
A BILL to be entitled an Act to amend Code Section 48-5-48 of the Official Code of Georgia Annotated, relating to homestead exemption for qualified disabled veterans, filing requirements, periodic substantiation of eligibility, and persons eligible without application, so as to increase the amount of such exemption; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 824. By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Warner Robins, approved March 7, 1978 (Ga. L. 1978, p. 3081), as amended, so as to change provisions relating to disposition of real property by the city; to expressly authorize the disposition of certain property; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 825. By Representatives Jackson of the 161st, Bryant of the 160th, Gordon of the 162nd and Carter of the 159th:
A BILL to be entitled an Act to provide for certain procedures regarding the property of evicted tenants upon eviction within the corporate limits of the City of Savannah; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 826. By Representative Maddox of the 172nd:
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

WEDNESDAY, APRIL 11, 2007

1923

computation of income tax, so as to provide for an income tax credit with respect to certain volunteer firefighters; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ways & Means.

HR 757. By Representatives Jackson of the 161st, Gordon of the 162nd and Carter of the 159th:

A RESOLUTION urging the Georgia Department of Community Health to increase efforts to address diabetes in the State of Georgia; 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 798 HB 799 HB 800 HB 801 HB 802 HB 803 HB 804 HB 805 HB 806

HB 807 HB 808 HR 719 HR 720 HR 721 SB 31 SB 314 SB 319 SB 320

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 Senate and has instructed me to report the same back to the House with the following recommendations:

SB 200 Do Pass, by Substitute SR 309 Do Pass

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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 Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:

SB 27 Do Pass

Respectfully submitted, /s/ Lane of the 158th
Chairman

Representative Rynders of the 152nd District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

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

HB 687 HB 792 HB 796

Do Pass Do Pass 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:

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:

WEDNESDAY, APRIL 11, 2007

1925

SB 42 SB 61 SB 88

Do Pass Do Pass Do Pass, by Substitute

SB 101 SB 209 SB 234

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 Senate and has instructed me to report the same back to the House with the following recommendations:

SB 24 SB 54 SB 62 SB 79

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

SB 98 SB 100 SB 190

Do Pass, by Substitute Do Pass Do Pass

Respectfully submitted, /s/ Ralston of the 7th
Chairman

Representative Rice of the 51st District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

Your Committee on Motor Vehicles has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:

SB 81 Do Pass, by Substitute

Respectfully submitted, /s/ Rice of the 51st
Chairman

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

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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 116 SB 176 SB 263

Do Pass Do Pass Do Pass

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

Representative Day of the 163rd District, Chairman of the Committee on Public Safety and Homeland Security, submitted the following report:

Mr. Speaker:

Your Committee on Public Safety and Homeland Security 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 534 Do Pass

Respectfully submitted, /s/ Day of the 163rd
Chairman

Representative Bridges of the 10th District, Chairman of the Committee on Retirement, submitted the following report:

Mr. Speaker:

Your Committee on Retirement has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:

SB 156 Do Pass, by Substitute

Respectfully submitted, /s/ Bridges of the 10th
Chairman

WEDNESDAY, APRIL 11, 2007

1927

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 235 SB 280 SR 249

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

Respectfully submitted, /s/ Barnard of the 166th
Chairman
The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR WEDNESDAY, APRIL 11, 2007
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 70

Financial Institutions; update banking laws to reflect changes in federal law (Substitute)(B&B-Mills-25th) Hamrick-30th

Modified Open Rule None

Modified Structured Rule None

Structured Rule None

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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 687. By Representatives Chambers of the 81st and Jacobs of the 80th:
A BILL to be entitled an Act to amend an Act entitled the "Unincorporated DeKalb County Community Improvement District Act of 1998," approved April 2, 1998 (Ga. L. 1998, p. 4228), as amended by an Act approved January 7, 1999 (Ga. L. 1999, p. 4805), and amended by an Act approved April 1, 2005 (Ga. L. 2005, p. 3507), so as to redefine a certain term; to 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 792. By Representatives Hill of the 21st, Jerguson of the 22nd, Hamilton of the 23rd and Byrd of the 20th:
A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in the City of Canton; 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 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 796. By Representatives Dukes of the 150th, Rynders of the 152nd and Sims of the 151st:
A BILL to be entitled an Act to authorize the City of Albany 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

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1929

"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:

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague E Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas
Coan Cole Y Coleman Y Collins Cooper Y Cox Crawford, M Y Crawford, R Y Davis, H Y Davis, S E Day

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon
Graves Y Greene Y Hamilton 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 Hudson Y Hugley
Jackson Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J E Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Maddox Y Mangham E Manning Marin

Y Martin Maxwell
Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders E Sailor
Scott, A

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

On the passage of the Bills, the ayes were 150, nays 0.

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The Bills, having received the requisite constitutional majority, were passed.
Representatives Dukes of the 150th 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 192. By Representatives Smith of the 129th, Everson of the 106th, Rogers of the 26th and Loudermilk of the 14th:
A BILL to be entitled an Act to amend Code Section 32-2-61 of the O.C.G.A.,, relating to limitations on the Department of Transportation's power to contract, so as to provide for an increase in the amount for which the department may execute a negotiated contract; to amend Code Section 32-270 of the O.C.G.A., relating to bonds to be posted by successful bidders on department contracts, so as to increase the amount of the contract that requires such bonds; to amend Code Section 32-4-63 of the O.C.G.A., relating to limitations on a county's power to contract, so as to provide for an increase in the amount for which a county may execute a negotiated contract; to amend Code Section 32-4-67 of the O.C.G.A., relating to the proposal guaranty by the bidder on a county contract, so as to exempt contracts for engineering or other professional services from the guaranty; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 218. By Representative Day of the 163rd:
A BILL to be entitled an Act to amend Code Section 52-2-10 of the Official Code of Georgia Annotated, relating to the application of traffic laws and enforcement by security guards employed with the Georgia Ports Authority, so as to require that those employees of the authority who are authorized to exercise the powers of arrest shall be certified peace officers subject to the Georgia Peace Officer Standards and Training Council; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

WEDNESDAY, APRIL 11, 2007

1931

HB 224. By Representatives Burkhalter of the 50th and Smith of the 113th:
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.
HB 316. By Representatives Ralston of the 7th, Floyd of the 147th, Rogers of the 26th, Smith of the 168th, Bridges of the 10th and others:
A BILL to be entitled an Act to amend Code Section 44-1-13 of the Official Code of Georgia Annotated, relating to removal of improperly parked cars or trespassing personal property, procedure, automatic surveillance prohibited, and penalty, so as to provide the Public Service Commission and the governing authority of municipalities concurrent jurisdiction on matters related to regulating and controlling the towing of certain vehicles under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 690. By Representative Houston of the 170th:
A BILL to be entitled an Act to repeal an Act providing that the judge of the Probate Court of Cook County shall serve as chief magistrate of the Magistrate Court of Cook County, approved March 12, 1984 (Ga. L. 1984, p. 4090), as amended, particularly by an Act approved March 25, 1996 (Ga. L. 1996, p. 3609), so as to provide for the election of the chief magistrate of the Magistrate Court of Cook County; to provide for the filling of vacancies; to provide for submission of the Act for preclearance; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 696. By Representatives Roberts of the 154th and Morris of the 155th:
A BILL to be entitled an Act to provide a new charter for the City of Alamo; 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

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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 administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 731. By Representative Powell of the 29th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Carnesville, approved April 13, 2001 (Ga. L. 2001, p. 3834), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3606), so as to change the corporate limits of the 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 76. By Representatives Day of the 163rd, Horne of the 71st and Neal of the 1st:
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 require permission for use of the Georgia Office of Homeland Security's and the Georgia Emergency Management Agency's nomenclature and symbols, to provide for definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 91. By Representatives Chambers of the 81st, Harbin of the 118th, Ehrhart of the 36th and Martin of the 47th:
A BILL to be entitled an Act to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to organization of the executive branch generally, so as to require each department, commission, authority, and agency of the executive branch of government to provide certain reports annually to the General Assembly; to provide for the contents of such reports; to provide for the time of submitting such reports; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 105. By Representatives Maddox of the 172nd, McCall of the 30th, Roberts of the 154th and England of the 108th:

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A BILL to be entitled an Act to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to revise certain provisions relative to poultry; to change certain provisions relating to rendering plant license requirement, expiration, and fees; to change certain provisions relating to poultry dealer, broker, and market operator license requirement and record requirements, transportation equipment, and disposal of poultry; to change certain provisions relating to hatchery operator and poultry remedy manufacturer licenses; to change certain provisions relating to use of sulfaguanidine and sulfathiazole for poultry; to repeal conflicting laws; and for other purposes.
HB 273. 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 330. By Representative Stephens of the 164th:
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 an effective date contingent on funding; 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 247. By Representatives Smith of the 113th, Shaw of the 176th, Roberts of the 154th, Stephens of the 164th, England of the 108th 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 change certain provisions relating to acquisition and construction of water and sewage systems; to prohibit counties, municipalities, and local authorities from requiring connection with or use of water supplied by a public water system except when other water is unfit; to prohibit charges or fees for services made

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available but not used; to provide for applicability; to provide for exceptions; 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 102. By Representatives O`Neal of the 146th, Talton of the 145th, Smith of the 70th and Everson of the 106th:
A RESOLUTION compensating Mr. Robert Clark and providing for a state income tax exclusion with respect to such compensation; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 227. By Representatives Lewis of the 15th, Martin of the 47th, Stephens of the 164th, Ehrhart of the 36th, Watson of the 91st and others:
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 the expedited franchising of cable and video services by the Secretary of State; to provide for a short title; to provide for definitions; to provide franchise options for cable service providers and video service providers; to provide a process for the issuance of a state franchise; to provide for transfers, modifications, and terminations of a state franchise; to provide for franchise fees; to require customer service; to provide for public, educational, and governmental programming under a state franchise; to provide a service outlet to municipalities and counties and complimentary basic cable service or video service to public schools and public libraries over such service outlet; to provide certain limitations on requirements that may be imposed upon holders of a state franchise; 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 622. By Senator Williams of the 19th:
A RESOLUTION relative to adjournment; and for other purposes.
The following members were recognized during the period of Morning Orders and addressed the House:

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Smith of the 129th, Benton of the 31st, and Smith of the 113th.

The following Resolution of the Senate was read:

SR 622. By Senator Williams of the 19th

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 2007 regular session of the General Assembly for the period of April 11, 2007, through April 20, 2007, shall be as follows:
Wednesday, April 11 ............................................................................ in session for legislative day 35 Thursday, April 12 ............................................................................... in adjournment Friday, April 13 .................................................................................... in session for legislative day 36 Saturday, April 14 ................................................................................ in adjournment Sunday, April 15................................................................................... in adjournment Monday, April 16 ................................................................................. in session for legislative day 37 Tuesday, April 17 ................................................................................. in session for legislative day 38 Wednesday, April 18 ............................................................................ in adjournment Thursday, April 19 ............................................................................... in session for legislative day 39 Friday, April 20 .................................................................................... 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:

Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant Y Buckner

Y Dempsey Y Dickson 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 Holt Y Horne Y Houston Y Howard E Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy E Neal

Y Scott, M Y Sellier Y Setzler
Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V

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Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas
Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S E Day

Y Frazier Y Freeman
Gardner Y Geisinger Y Glanton
Golick Y Gordon Y Graves Y Greene Y Hamilton 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

E Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey
Lord Loudermilk Y Lucas Y Lunsford Y Maddox Mangham E Manning Marin

Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders E Sailor
Scott, A

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

On the adoption of the Resolution, the ayes were 151, 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 70.

By Senators Hamrick of the 30th, Hudgens of the 47th, Thompson of the 33rd, Murphy of the 27th, Tarver of the 22nd and others:

A BILL to be entitled an Act to amend Chapter 1 of Title 7 of the O.C.G.A., relating to financial institutions generally, so as to update the banking laws in order to reflect changes in federal law and for other purposes; to exclude the value of good will in certain transactions; to regulate real estate loans; to allow for the electronic transmission of proxy; to allow for share exchange in mergers or consolidations; to define share exchange; to change the qualifications for check sellers; to require background checks on employees and agents of check sellers; to provide for registration and testing of check sellers who are not licensed; to provide for a bond to be posted by check sellers; to provide for a cease and desist order to be issued against noncompliant licensees; 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:

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A BILL
To amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions generally, so as to update the banking laws in order to reflect changes in federal law and for other purposes; to exclude the value of good will in certain transactions; to regulate real estate loans; to allow for the electronic transmission of proxy; to allow for share exchange in mergers or consolidations; to define share exchange; to change the qualifications for check sellers; to require background checks on employees and agents of check sellers; to provide for registration and testing of check sellers who are not licensed; to provide for a bond to be posted by check sellers; to provide for a cease and desist order to be issued against noncompliant licensees; to provide a penalty for withholding or falsifying information submitted to the department; to provide for registered check cashers; to provide for background checks for check cashers; to place a limit on check-cashing fees; to provide for background checks for mortgage lenders or mortgage brokers; to provide for advertising restrictions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions generally, is amended by revising subparagraph (A) of paragraph (35) of Code Section 7-1-4, relating to definitions, as follows:
"(A) The sum of the capital stock, the paid-in capital, the appropriated retained earnings, and the capital debt of a bank or trust company less any amount of good will, core deposit intangibles, or other intangible assets related to the purchase, acquisition, or merger of a bank charter; or"
SECTION 2. Said chapter is further amended in Code Section 7-1-286, relating to real estate loans, by revising subsection (a) in its entirety as follows:
"(a) A bank shall make loans secured by improved or unimproved real estate (including a leasehold) subject to the provisions of Part 365 of the Federal Deposit Insurance Corporation's rules and regulations, including 12 C.F.R. 365.1 and 365.2 and the Interagency Guidelines for Real Estate Lending Policies in Appendix A and 12 C.F.R. 208.51 and the guidelines contained in 12 C.F.R. Part 208 in the case of Federal Reserve member banks. Such loans shall also be subject to the additional provisions and exceptions as set forth in the rules of the department."
SECTION 3. Said chapter is further amended in Code Section 7-1-437, relating to proxies, by revising subsection (a) as follows:

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"(a) Unless otherwise unlawful, a person or corporation who is entitled to attend a shareholders meeting, to vote thereat, or to execute consents, waivers, or releases may be represented at such meeting or vote thereat, and execute consents, waivers, and releases, and exercise any of his or her other rights, by one or more agents, who may be either an individual or individuals or any domestic or foreign corporation, authorized by a written proxy or electronic transmission of proxy executed by such person or by his or her attorney in fact."
SECTION 4. Said chapter is further amended by revising Code Section 7-1-530, relating to authority to merge or consolidate and merger or consolidation across state lines, as follows:
"7-1-530. (a) Upon compliance with the requirements of this part and other applicable laws and regulations, including any branching and minimum age laws and regulations, one or more banks or trust companies may merge or consolidate, provided that an institution exercising trust powers alone may merge or consolidate only with another such trust company. Upon compliance with the requirements of this part and other applicable laws and regulations, including any branching and minimum age laws and regulations, a corporation other than a bank or trust company may acquire all of the outstanding shares of one or more classes or series of one or more banks or trust companies through a share exchange. (b) A corporation other than a bank or trust company may be merged into or consolidated with, or may enter into a share exchange with, a bank or trust company, provided that:
(1) The resulting institution of the merger or consolidation is a bank or trust company; (2) The resulting institution of the merger or consolidation, or the acquired bank or trust company in a share exchange, holds only assets and liabilities and is engaged only in activities which may be held or engaged in by a bank or trust company; and (3) The merger, share exchange, or consolidation is not otherwise unlawful. (c) A merger, share exchange, or consolidation pursuant to subsection (b) of this Code section shall be made by compliance with the requirements of this part. Title 14 shall not be applicable to such a merger, share exchange, or consolidation. (d) A merger, share exchange, or consolidation across state lines of any involving one or more banks or trust companies shall also be subject to the provisions of Part 20 of this article. (e) In the case of a merger of a Georgia state bank with any other bank or banks, with the Georgia bank as the resulting bank, any assets, lines of business, activities, or powers which may accrue to the resulting bank which would not be allowed for a Georgia state bank shall be provided for in the plan of merger. Such plan shall include the proposal for holding or disposal of such assets or the continuation or termination of such line of business, activity, or power. The department shall review the plan to determine whether, in the interest of safety and soundness and consistent with the other

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objectives of Code Section 7-1-3, the activity, power, asset, or line of business should be approved, denied, or phased out within a reasonable period of time, to be determined by the department. (f) As used in this part, the term 'share exchange' means a plan of exchange of all of the outstanding shares of one or more classes or series of shares in accordance with this part. (g) Subject to the provisions of this part, this Code section does not limit the power of a corporation other than a bank or trust company to acquire all or part of the shares of one or more classes or series of a bank or trust company through a voluntary exchange of shares or otherwise."
SECTION 5. Said chapter is further amended in Code Section 7-1-531, relating to requirements for merger or consolidation plan and modification of the plan, by revising subsection (a) as follows:
"(a) The requirements for a merger, share exchange, or consolidation which must be satisfied by the parties thereto are as follows:
(1) The parties shall adopt a plan stating the method, terms, and conditions of the merger, share exchange, or consolidation, including the rights under the plan of the shareholders of each of the parties and any agreement concerning the merger, share exchange, or consolidation. Said plan shall specify:
(A) The name that such bank or trust company shall have upon and after such merger, share exchange, or consolidation, which may be the name of any one of the institutions or the combined names of two or more of the institutions or such other name as stated; (B) The persons who shall constitute the board of directors of the bank or trust company after the merger, share exchange, or consolidation; (C) The In the case of a merger or consolidation, the manner and basis of converting the shares of each merged or consolidated institution into shares or other securities or obligations of the surviving bank or trust company and, if any shares of any of the merged or consolidated institutions are not to be converted solely into shares or other securities of the surviving bank or trust company, the amount of cash or securities of any other corporation, or combination of cash and such securities, which is to be paid or delivered to the holders of such shares in exchange for or upon the surrender of such shares, which cash or securities may be in addition to or in lieu of the shares or other securities of the surviving bank or trust company; and (D) In the case of a share exchange, the terms and conditions of the share exchange and the manner and basis of exchanging the shares to be acquired for shares, obligations, or other securities of the acquiring or any other corporation or for cash or other property in whole or in part; and (D)(E) Such other provisions with respect to the proposed merger or consolidation as are deemed desirable.

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(2) Adoption of the plan by each party thereto shall require the affirmative vote of at least:
(A) A majority of the directors; and (B) The shareholders entitled to cast two-thirds of the votes which all shareholders are entitled to cast thereon and, if any class of shares is entitled to vote thereon as a class, the holders of at least two-thirds of the outstanding shares of such class, at a meeting of shareholders. (3) The notice shall include a copy or summary of the plan and a full statement of the rights and remedies of dissenting shareholders, the method of exercising them, and the limitations on such rights and remedies."
SECTION 6. Said chapter is further amended by revising Code Section 7-1-532, relating to execution, contents, and filing of articles of merger or consolidation, as follows:
"7-1-532. (a) Upon adoption of the plan of merger, share exchange, or consolidation as provided in Code Section 7-1-531, the parties to the merger, share exchange, or consolidation shall file in duplicate with the department articles of a merger, share exchange, or consolidation as required by this Code section, together with the fee required by Code Section 7-1-862. (b) The articles of merger, share exchange, or consolidation shall be signed by two duly authorized officers of each party to the plan under their respective seals and shall contain:
(1) The names of the parties to the plan and of the resulting bank or trust company or the acquiring corporation in a share exchange; (2) The street address and county of the location of the main office and registered agent and registered office of each; (3) The votes by which the plan was adopted and the time, place, and notice of each meeting in connection with such adoption; (4) The names and addresses of the first directors of the resulting bank or trust company or the directors of the acquired corporation in a share exchange; (5) In the case of a merger, any amendment of the articles of the resulting bank or trust company; (6) In the case of a consolidation, the provisions required in articles of a new bank or trust company by paragraphs (4), (5), (6), (7), and (10) of subsection (a) of Code Section 7-1-392; and (7) The plan. (c) Together with the articles of merger, share exchange, or consolidation, the parties shall deliver to the department a copy of the notice of merger, share exchange, or consolidation and an undertaking, which may appear in the articles of merger, share exchange, or consolidation or be set forth in a letter or other instrument executed by an officer or any person authorized to act on behalf of such bank or trust company, that the request for publication of a notice of filing the articles of merger, share exchange, or

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consolidation and payment therefor will be made as required by subsection (d) of this Code section. (d) No later than the next business day after filing the articles of merger, share exchange, or consolidation with the department, the parties shall mail or deliver to the publisher of a newspaper which is the official organ of the county where the main office of each party is located a notice which shall contain a statement that the articles of merger, share exchange, or consolidation have been filed with the department, the names of the institutions which are parties to the proposed merger, share exchange, or consolidation, and in the case of a merger the proposed name of the surviving bank or trust company, and shall designate a place where a copy of the articles of merger, share exchange, or consolidation may be examined. Subsections (b) and (c) of Code Section 7-1-7 shall also apply to the notice. (e) The request for publication of the notice shall be accompanied by a check, draft, or money order in the proper amount in payment of the cost of publication. The notice shall be published once a week for two consecutive weeks commencing within ten days after receipt of the notice by the newspaper. (f) In the event the plan is amended as provided in Code Section 7-1-531, the parties shall promptly file in duplicate with the department an amendment to the articles of consolidation, share exchange, or merger reflecting such amendment of the plan."
SECTION 7. Said chapter is further amended by revising Code Section 7-1-533, relating to additional filings with plans of merger or consolidation, as follows:
"7-1-533. The parties to the plan shall also file with the department:
(1) An application and information desired by the department in order to evaluate the proposed merger, share exchange, or consolidation, which shall be made available in the form specified by the department; (2) Applicable fees established by regulation of the department to defray the expenses of the investigation required by Code Section 7-1-534; and (3) If the merger, share exchange, or consolidation involves the adoption of a new name, a certificate of the Secretary of State reserving said name under Code Section 7-1-131.
SECTION 8. Said chapter is further amended by revising Code Section 7-1-534, relating to approval or disapproval of articles of consolidation or merger by department, as follows:
"7-1-534. (a) Upon receipt of the articles of consolidation, share exchange, or merger and the filings required by Code Section 7-1-533, the department shall conduct such investigation as it may deem necessary to ascertain whether:
(1) The articles of merger, share exchange, or consolidation and supporting items satisfy the requirements of this chapter;

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(2) The plan and any modification thereof adequately protect the interests of depositors, other creditors, and shareholders; (3) The requirements for a merger, share exchange, or consolidation under all applicable laws have been satisfied and the resulting bank or trust company or the acquired bank or trust company in a share exchange would satisfy the requirements of this chapter applicable to it; and (4) The merger, share exchange, or consolidation would be consistent with adequate and sound banking or fiduciary practice and in the public interest on the basis of:
(A) The financial history and condition of the parties to the plan; (B) Their prospects; (C) The character of their management; and (D) The convenience and needs of the area primarily to be served by the resulting institution, or by the acquiring corporation and the acquired bank or trust company in a share exchange. (b) Within 90 days after receipt of the articles of merger, share exchange, or consolidation, the notice of merger or share exchange, and the filings required by Code Section 7-1-533, or within an additional period of not more than 30 days after an amendment to the application is received within the initial 90 day period, the department shall, in its discretion, approve or disapprove the articles on the basis of its investigation and the criteria set forth in subsection (a) of this Code section. Except as provided in Code Section 7-1-535, the department shall give the Secretary of State written notice of its approval with a copy of the articles of merger, share exchange, or consolidation and a copy of the notice of merger or share exchange attached. The department shall also give the parties to the plan written notice of its decision and, in the event of disapproval, a statement in general of the reasons for its decision. The decision of the department shall be conclusive, except that it may be subject to judicial review as provided in Code Section 7-1-90."
SECTION 9. Said chapter is further amended by revising Code Section 7-1-535, relating to procedure after approval of articles by department and the issuance of a certificate of merger or consolidation, as follows:
"7-1-535. (a) If the laws of the United States require the approval of the merger, share exchange, or consolidation by any federal agency, the department may, at its option, after its approval, retain its notice to the Secretary of State until it receives notice of the decision of such agency. If such agency shall refuse to give its approval, the department may, at its option, notify the parties to the plan that the department's approval has been rescinded for that reason. If such agency gives its approval, the department shall deliver its written approval to the Secretary of State for issuance of a certificate of merger, share exchange, or consolidation by the Secretary of State and shall notify the parties to the plan.

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(b) If all the taxes, fees, and charges required by law shall have been paid and if the name of the resulting bank or trust company in a merger or consolidation continues to be reserved or is available on the records of the Secretary of State, upon receipt of the written approval of the department, the Secretary of State shall issue to the resulting bank or trust company or the acquiring corporation in a share exchange a certificate of merger, share exchange, or consolidation with the approved articles of merger or consolidation attached thereto and shall retain a copy of such certificate, articles, and approval by the department."
SECTION 10. Said chapter is further amended by revising Code Section 7-1-536, relating to the effect of merger or consolidation, as follows:
"7-1-536. (a) As of the issuance of the certificate of merger, share exchange, or consolidation by the Secretary of State, the merger, share exchange, or consolidation shall be effective. (b) The certificate of merger, share exchange, or consolidation shall be conclusive evidence of the performance of all conditions precedent to the merger, share exchange, or consolidation and of the existence or creation of the bank or trust institution, except as against the state. (c) When a merger or consolidation becomes effective, each party to the plan, except the resulting bank or trust company, shall cease to exist as a separate entity but shall continue in, and the parties to the plan shall be, a single corporation which shall be the bank or trust company and which shall have, without further act or deed, all the property, rights, powers, trusts, duties, and obligations of each party to the plan. When a share exchange becomes effective, the shares of each acquired bank or trust company are exchanged as provided in the plan, and the former holders of the shares are entitled only to the share exchange rights provided in the plan of share exchange or to their rights under Code Section 7-1-537. (d) The articles of the resulting bank or trust company shall be, in the case of a merger, the same as its articles prior to the merger with any change stated in the articles of merger or, in the case of a consolidation, the provisions stated in the articles of consolidation. (e) The resulting bank or trust company, or the acquired bank or trust company in a share exchange, shall have the authority to engage only in such business and exercise only such powers as are then permissible upon original incorporation under this chapter and shall be subject to the same prohibitions and limitations as it would then be subject to upon original incorporation. It may, however, subject to permission of the department as set out in Code Sections 7-1-530 and 7-1-555, engage in any business and exercise any right that any bank or trust company which is a party to the plan could lawfully exercise or engage in immediately prior to the merger, share exchange, or consolidation. (f) No liability of any party to the plan or of its shareholders, directors, or officers shall be affected nor shall any lien on any property of a party to the plan be impaired by the

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merger, share exchange, or consolidation. Any claim existing or action pending by or against any party to the plan may be prosecuted to judgment as if the merger, share exchange, or consolidation had not taken place or the resulting bank or trust company may be substituted in its place."
SECTION 11. Said chapter is further amended by revising Code Section 7-1-537, relating to rights of dissenting shareholders and the surrender of stock certificates, as follows:
"7-1-537. (a) A shareholder of a bank or trust company which is a party to a plan of proposed merger, share exchange, or consolidation under this part who objects to the plan shall be entitled to the rights and remedies of a dissenting shareholder as determined under Chapter 2 of Title 14, known as the 'Georgia Business Corporation Code.' (b) The bank or trust company into which the other or others have been merged or consolidated, or the acquiring corporation in a share exchange, as the case may be, shall have the right to require the return of the original certificates of stock held by each shareholder in each or either of the institutions and in lieu thereof:
(1) To issue to each shareholder new certificates for such number of shares of the institution into which the others shall have been merged or consolidated or of the acquiring corporation in a share exchange; or (2) To cause to be paid or delivered to each shareholder the amount of cash or securities of any other corporation or combination of cash and such securities as, under the plan of merger, share exchange, or consolidation, the said shareholder may be entitled to receive."
SECTION 12. Said chapter is further amended by revising Code Section 7-1-557, relating to merger or consolidation of nonbank corporations into national banks, as follows:
"7-1-557. A national bank located in this state may merge or consolidate with, or enter into a share exchange with, a corporation other than a bank or trust company, provided that:
(1) Such merger, share exchange, or consolidation is permitted by the laws of the United States and such laws are complied with; (2) The laws governing the merger, share exchange, or consolidation of such corporation are complied with; (3) The resulting institution of the merger or consolidation, or the acquired bank in a share exchange, is a national bank; (4) The resulting institution of the merger or consolidation, or the acquired bank in a share exchange, holds only assets and liabilities and engages only in activities which may be held or engaged in by a national bank located in this state; and (5) The merger, share exchange, or consolidation is not otherwise unlawful."

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SECTION 13. Said chapter is further amended in Code Section 7-1-601, relating to branch offices, by revising paragraph (2) of subsection (a) as follows:
"(2) New or additional branch offices may be established through merger, share exchange, consolidation, or sale of assets pursuant to Part 14, 15, 16, 19, or 20 of this article;"
SECTION 14. Said chapter is further amended in Code Section 7-1-606, relating to unlawful actions by bank holding companies unless prior approval of commissioner is received, by revising subparagraphs (a)(1)(E), (b)(1)(A), and (b)(1)(B) as follows:
"(E) For any bank holding company to merge or consolidate with, or enter into a share exchange with, any other bank holding company; or" "(A) Any acquisition or merger or share exchange or consolidation under this Code section which would result in a monopoly or which would be in furtherance of any combination or conspiracy to monopolize or to attempt to monopolize the business of banking in any part of the State of Georgia; or (B) Any other proposed acquisition or merger or share exchange or consolidation under this Code section whose effect in any section of the state may be substantially to lessen competition, or to tend to create a monopoly, or which in any other manner would be in restraint of trade, unless it finds that the anticompetitive effects of the proposed transaction are clearly outweighed in the public interest by the probable effect of the transaction in meeting the convenience and needs of the community to be served."
SECTION 15. Said chapter is further amended in Code Section 7-1-608, relating to lawful and unlawful acquisitions, formations, and mergers by bank holding companies, by revising paragraph (3) of subsection (b) as follows:
"(3) A bank holding company registered with the department and lawfully owning a bank or a branch of a bank which was formed by the acquisition and subsequent merger of or share exchange with a Georgia bank, which bank or branch does a lawful banking business in this state, may acquire control through formation of a de novo bank in Georgia, provided that departmental approval and any required federal approvals are obtained. No out-of-state bank holding company may enter Georgia to do a banking business by formation of a de novo bank; and"
SECTION 16. Said chapter is further amended in Code Section 7-1-670, relating to third-party payment services offered by credit unions, by revising subsection (c) as follows:
"(c) Upon the commencement of third-party payment services, a credit union shall be subject to Code Sections 7-1-286, pertaining to real estate loans; 7-1-287, pertaining to investment securities; 7-1-288, pertaining to corporate stock and securities; 7-1-371,

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pertaining to legal reserve requirements; and rules and regulations of the department relating to the foregoing Code sections of law and shall not pay a greater rate of interest on third-party payment accounts than is allowed to be paid by commercial banks."
SECTION 17. Said chapter is further amended by revising Code Section 7-1-681, relating to license required for selling checks, as follows:
"7-1-681. No person or corporation, other than a bank or trust company, a credit union, a savings and loan association, or a savings bank, whether state or federally chartered, the deposits of which are federally insured, the authorized agent of a licensee, or the United States Postal Service shall engage in the business of selling or issuing checks without having first obtained a license under this article. This restriction applies to any nonresident person or corporation that engages in this state in the business of selling or issuing checks through a branch, subsidiary, affiliate, or agent in this state. A license for the sale of checks or money orders shall also qualify as a license for the business of money transmission. The provisions of this article shall also apply to the business of money transmission unless specifically excluded."
SECTION 18. Said chapter is further amended by revising Code Section 7-1-682, relating to qualifications of licensees to sell checks or money orders, as follows:
"7-1-682. (a) In order to qualify for a license under this article, an applicant shall:
(1) Satisfy the department that it is financially sound and responsible and appears able to conduct the business of selling checks in an honest and efficient manner and with confidence and trust of the community; and (2) Comply with the bonding requirements, furnish the statements, and pay the fees prescribed in this article. In the case of a money transmitter, the department may in its discretion require only a bond. (b) In addition to the qualifications set forth in subsection (a) of this Code section, the department may require a licensee to maintain investments having an aggregate market value at least equal to the amount of outstanding checks issued or sold, or for money transmitters, equal to the outstanding orders to transmit but not yet paid for by the licensee pursuant to this article. The department may promulgate regulations establishing those investments which shall be deemed permissible investments for the purpose of complying with this subsection. Permissible investments, even if commingled with other assets of the licensee, shall be deemed by operation of law to be held in trust for the benefit of the purchasers and holders of the licensee's outstanding checks in the event of bankruptcy of the licensee. (c) The department shall not issue such license or may revoke a license if it finds that the applicant or licensee, any person who is a director, officer, partner, agent, employee, or substantial stockholder of the applicant ultimate equitable owner of 10

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percent or more of the applicant or licensee, or any individual who directs the affairs or establishes policy for the applicant or licensee has been convicted of a felony involving moral turpitude in any jurisdiction or of a crime which, if committed within this state, would constitute a felony involving moral turpitude under the laws of this state. For the purposes of this article, a person shall be deemed to have been convicted of a crime if such person shall have pleaded guilty to a charge thereof before a court or federal magistrate or shall have been found guilty thereof by the decision or judgment of a court or federal magistrate or by the verdict of a jury, irrespective of the pronouncement of sentence or the suspension thereof, unless such plea of guilty or such decision, judgment, or verdict shall have been set aside, reversed, or otherwise abrogated by lawful judicial process and regardless of whether first offender treatment without adjudication of guilt pursuant to the charge was entered, unless and until such plea of guilty or such decision, judgment, or verdict shall have been set aside, reversed, or otherwise abrogated by lawful judicial process or until probation, sentence, or both probation and sentence of a first offender have been successfully completed and documented or unless the person convicted of the crime shall have received a pardon therefor from the President of the United States or the governor or other pardoning authority in the jurisdiction where the conviction was had, or shall have received an official certification or pardon granted by the State Board of Pardons and Paroles which removes the legal disabilities resulting from such conviction and restores civil and political rights in this state. The term 'substantial stockholder' as used in this subsection shall be deemed to refer to a person owning or controlling 10 percent or more of the total outstanding stock of the corporation in which such person is a stockholder. (d) The department shall be authorized to obtain conviction data with respect to any applicant or any person who is a director, officer, partner, agent, employee, or ultimate equitable owner of 10 percent or more of the applicant or licensee or any individual who directs the affairs or establishes policy for the applicant or licensee. Upon receipt of information from the Georgia Crime Information Center that is incomplete or that indicates an applicant or any person who is a director, officer, partner, agent, employee, or ultimate equitable owner of 10 percent or more of the applicant or licensee or any individual who directs the affairs or establishes policy for the applicant or licensee has a criminal record in a state other than Georgia, the department shall submit to the Georgia Crime Information Center two complete sets of fingerprints of such applicant or such person, the required records search fees, and such other information as may be required. Fees for background checks that the department administers shall be submitted to the department by applicants and licensees together with two completed sets of fingerprint cards. Upon receipt thereof, the Georgia Crime Information Center shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its own records and records to which it has access. The Georgia Crime Information Center shall notify the department in writing of any derogatory finding, including, but not limited to, any conviction data regarding the fingerprint records check, or if there is no such finding. All conviction data received by the

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department shall be used by the department for the exclusive purpose of carrying out its responsibilities under this article, shall not be a public record, shall be privileged, and shall not be disclosed to any other person or agency except to any person or agency which otherwise has a legal right to inspect the file. All such records shall be maintained by the department pursuant to laws regarding such records and the rules and regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as applicable. As used in this subsection, 'conviction data' means a record of a finding, verdict, or plea of guilty or a plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been sought. (e) Every applicant and licensee shall be authorized and required to obtain and maintain the results of background checks on employees and agents working in or for the applicant or licensee. Such background checks shall be handled by the Georgia Crime Information Center pursuant to Code Section 35-3-34 and the rules and regulations of the Georgia Crime Information Center. Applicants and licensees shall be responsible for any applicable fees charged by the Georgia Crime Information Center. An applicant or licensee shall only employ a person whose background data has been checked and been found to be satisfactory prior to the initial date of hire. This provision does not apply to directors, officers, partners, agents, or ultimate equitable owners of 10 percent or more or to persons who direct the company's affairs or establish policy, whose background must have been investigated through the department before taking office, beginning employment, or securing ownership. Upon receipt of information from the Georgia Crime Information Center that is incomplete or that indicates an employee has a criminal record in any state other than Georgia, the employer shall submit to the department two complete sets of fingerprints of such person, together with the applicable fees and any other required information. The department shall then submit such fingerprints as provided in subsection (d) of this Code section. (f) Such license issued by the department shall be kept conspicuously posted in the place of business of the licensee. Such license shall not be transferable, assignable, or subject to a change of ownership."
SECTION 19. Said chapter is further amended by revising Code Section 7-1-683, relating to license application for check sellers, as follows:
"7-1-683. (a) Each application for a license shall be in writing and under oath to the department, in such form as it may prescribe, and shall include the following:
(1) The legal name and principal office address of the corporation applying for the license; (2) The name, residence, and business address of each director or equivalent official and of each officer who will be involved in selling checks in this state; (3) The date and place of incorporation;

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(4) If the applicant has one or more branches, subsidiaries, affiliates, agents, or other locations at or through which the applicant proposes to engage in the business of selling or issuing checks within the State of Georgia, the complete name of each and the address of each such location; (5) The location where its initial registered office will be located in this state; and (6) Such other data, financial statements, and pertinent information as the department may require with respect to the applicant, its directors, trustees, officers, members, branches, subsidiaries, affiliates, or agents and any individual who directs the affairs or establishes policy for the applicant or licensee. (b) The application shall be filed together with the following financial requirements: (1) An investigation and supervision fee established by regulation of the department, which shall not be refundable but which, if the license is granted, shall satisfy the fee requirement for the first license year or the remaining part thereof; and (2) A corporate surety bond issued by a bonding company or insurance company authorized to do business in this state and approved by the department. The bond for check sellers shall be in the principal sum of $100,000.00, and the bond for money transmitters shall be in the principal sum of $50,000.00, and in an additional principal sum of $5,000.00 for each location, in excess of one, at or through which the applicant proposes to engage in this state in the business of selling or issuing checks, until the principal sum shall aggregate $250,000.00, provided that. The amount of this bond shall be increased by an additional $5,000.00 for each location, other than the licensee's primary place of business, at or through which the applicant proposes to engage in the business of selling or issuing checks in this state, until the principal sum of the bond shall total a maximum of $250,000.00. In addition to the coverage provided for in this Code section, the department may require additional coverage for the adequate protection of check holders if the average daily balances outstanding or, for money transmitters, for check sellers or, if the outstanding orders to transmit not yet paid for by the licensee money transmitters, exceed $250,000.00. Written reports that reveal a licensee's level of holdings shall be made at intervals during the year as required by regulations. If required by the department the additional coverage shall be limited to $1,250,000.00 or the amount of the average daily balances or orders outstanding in the State of Georgia for the preceding year, whichever is lesser less. The total maximum amount of such bond coverage under this paragraph and paragraph (1) of this subsection will be $1,500,000.00. The bond shall be in a form satisfactory to the department and shall run to the State of Georgia for the benefit of any check holders against the licensee or his or her agents. The condition of the bond shall be that the licensee will pay any and all moneys that may become due and owing any creditor of or claimant against the licensee arising out of the licensee's business of selling or issuing checks in this state, whether through its own act or the acts of an agent. The aggregate liability of the surety in no event shall exceed the principal sum of the bond. Claimants against the licensee may themselves bring an action directly on the bond. The liability arising under this paragraph shall be limited to the receipt,

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handling, transmission, and payment of money arising out of the licensee's business of selling or issuing checks in this state. (c) As an option to the bond for check sellers, provided the department approves, in lieu of such corporate surety bond or bonds or of any portion of the principal thereof, the applicant may deposit with a Georgia state-chartered bank or trust company located in this state, as such applicant may designate and the department may approve, certificates of deposit insured by a federal agency, bonds, notes, debentures, or other obligations of the United States or any agency or instrumentality thereof or guaranteed by the United States or of the State of Georgia or of a municipality, county, school district, or instrumentality of the State of Georgia or guaranteed by the state to an aggregate amount, based upon principal amount or market value, whichever is lower, of not less than the amount of the required corporate surety bond or portion thereof. These assets shall be held to secure the same obligations as would the surety bond and must be dedicated by the licensee solely for the purpose of meeting the financial obligations required to maintain the check seller license in this state and may not be dedicated to meet check seller licensing requirements for other jurisdictions; but the licensee shall be entitled to receive all interest thereon and shall have the right, with the approval of the department, to substitute other assets approved by this Code section for those deposited and shall be required to do so on written order of the department made for good cause shown; provided, however, if the licensee substitutes assets more than once during the license period the department may charge a fee for the processing of such substitution to be prescribed by regulations of the department. In the event of the failure or insolvency of such licensee, the assets, any proceeds therefrom, and the funds deposited pursuant to this Code section shall be applied to the payment in full of claims arising out of transactions in this state for the sale or issuance of checks. Failure to properly maintain dedicated assets for the purpose of meeting the financial requirements for licensure may result in a fine, or the revocation or suspension of the license, at the discretion of the department. This subsection shall apply to check sellers only and not to money transmitters."
SECTION 20. Said chapter is further amended in Code Section 7-1-686, relating to notice of action against licensees or change in number of locations, by revising subsection (b) as follows:
"(b) A licensee shall give notice to the department by registered or certified mail or statutory overnight delivery of any increase in the number of the name and address of any new or additional locations at which it engages in the business of selling or issuing checks over the number previously reported in either its original or renewal application and shall show to the department that the bond or assets required under Code Section 71-683 have been increased accordingly. This notice shall be given quarterly, within 30 days after the end of each calendar quarter; and, if not given, such new location will not be considered as included under the licensee's license under this article to the department by the licensee as follows:

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(1) For the period January 1 through June 30 of each year, on the first business day of September; and (2) For the period July 1 through December 31 of each year, on the first business day of March. Failure to provide such notice shall be punished with a fine, other administrative action, or both. At any time the department is shown that a licensee has decreased the number of locations at or through which it proposes to engage in the business, the department may decrease the bond or security requirements accordingly."
SECTION 21. Said chapter is further amended by revising Code Section 7-1-687, relating to agents of licensees, as follows:
"7-1-687. A licensee may conduct its business at one or more locations in this state, so long as such locations have been included in the licensee's application and reports under Code Sections 7-1-683 and 7-1-686, and through such agents as it may designate. The department may within ten days after application, for cause, refuse to approve a licensee's designation of an agent or, for cause, suspend a licensee's designation of an agent. In such cases the agent shall have the same procedural rights as are provided in this article for the denial, suspension, or revocation of a licensee's license. No additional license other than that obtained by the licensee shall be required of any duly reported agent of a licensee. An agent of a licensee shall sell or issue checks only at the location designated in the licensee's report to the department or at other locations of which the department first has been notified in writing."
SECTION 22. Said chapter is further amended in Code Section 7-1-689, relating to denial, suspension, and revocation of license or designation of agent, by revising subsections (a) and (b) as follows:
"(a) The department may suspend or revoke an original or renewal license or the designation of an agent of a licensee on any ground on which it might refuse to issue an original license or for a violation of any provision of this article or any rule or regulation issued under this article or for failure of the licensee to pay, within 30 days after it becomes final, a judgment recovered in any court within this state by a claimant or creditor in an action arising out of the licensee's business in this state of selling or issuing checks. If a cease and desist order is issued by the department to a licensee who has been sent a notice of bond cancellation and if the required bond is reinstated or replaced and such documentation is delivered to the department within the 30 day period following the date of issuance of the order, the order shall be rescinded. If the notice of reinstatement of the bond is not received by the department within the 30 days, the license shall expire at the end of the 30 day period and the licensee shall be required to make a new application for a license and pay all applicable fees.

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(b) No application for a license under this article shall be denied and no license granted under this article shall be suspended or revoked unless the applicant or licensee is given a reasonable opportunity to be heard by the department. For this purpose the department shall give the applicant or licensee at least 20 days written notice of the time and place of such hearing by registered or certified mail or statutory overnight delivery addressed to the principal place of business of such applicant or licensee. Any order of the department denying, suspending, or revoking a license shall state the grounds upon which it is based and shall not be effective for 20 days after its rendition. A copy thereof shall be forwarded promptly by registered or certified mail or statutory overnight delivery addressed to the principal place of business of such applicant or licensee. Notice of the department's intention to enter an order denying an application for a license under this article or of an order suspending or revoking a license under this article shall be given to the applicant or licensee in writing, sent by registered or certified mail or statutory overnight delivery addressed to the principal place of business of such applicant or licensee. Within 20 days of the date of the notice of intention to enter an order of denial, suspension, or revocation under this article, the applicant or licensee may request in writing a hearing to contest the order. If a hearing is not requested in writing within 20 days of the date of such notice of intention, the department shall enter a final order regarding the denial, suspension, or revocation. Any final order of the department denying, suspending, or revoking a license shall state the grounds upon which it is based and shall be effective on the date of issuance. A copy thereof shall be forwarded promptly by registered or certified mail or statutory overnight delivery addressed to the principal place of business of such applicant or licensee. If a person refuses to accept service of the notice or order by registered or certified mail or statutory overnight delivery, the notice or order shall be served by the commissioner or the commissioner's authorized representative under any other method of lawful service; and the person shall be personally liable to the commissioner for a sum equal to the actual costs incurred to serve the notice or order. This liability shall be paid upon notice and demand by the commissioner or the commissioner's representative and shall be assessed and collected in the same manner as other fees or fines administered by the commissioner."
SECTION 23. Said chapter is further amended in Code Section 7-1-689.1, relating to issuance of cease and desist order for noncompliance by licensee, by revising subsections (a), (b), (c), and (e) as follows:
"(a) Whenever it shall appear to the department that any person required to be licensed or registered under this article has violated any law of this state or any order or regulation of the department under this article or is operating without a required license, the department may issue an initial written order requiring such person to cease and desist immediately from such unauthorized practices. Such cease and desist order shall be final 20 days after it is issued unless the person to whom it is issued makes a written request for a hearing within such 20 day period. The hearing shall be conducted in

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accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' A cease and desist order issued to an unlicensed person that orders such person to cease doing business without the appropriate license shall be final 30 days from the date of issuance and there shall be no opportunity for an administrative hearing. If the proper license or evidence of exemption for the time period cited in the order is obtained within the 30 day period, the order shall be rescinded by the department. Any cease and desist order sent to the person at both his or her personal and business addresses pursuant to this Code section that is returned to the department as 'refused' or 'unclaimed' shall be deemed as received and sufficiently served. (b) Whenever a person required to be licensed under this article shall fail to comply with the terms of an order of the department which has been properly issued under the circumstances, the department may, through the Attorney General and upon notice of three days to such person, petition the principal court for an order directing such person to obey the order of the department within the period of time as shall be fixed by the court. Upon the filing of such petition the court shall allow a motion to show cause why it should not be granted. After a hearing upon the merits or after failure of such person to appear when ordered, the court shall grant the petition of the department upon a finding that the order of the department was properly issued. (c) Any person required to be licensed under this article who violates the terms of any order issued pursuant to this Code section shall be liable for a civil penalty not to exceed $1,000.00. Each day the violation continues shall constitute a separate offense. In determining the amount of a penalty, the department shall take into account the appropriateness of the penalty relative to the size of the financial resources of such person, the good faith efforts of such person to comply with the order, the gravity of the violation, the history of previous violations by such person, and such other factors or circumstances as shall have contributed to the violation. The department may at its discretion compromise, modify, or refund any penalty which is subject to being imposed or has been imposed pursuant to this Code section. Any person assessed pursuant to this subsection shall have the right to request a hearing into the matter within ten days after notification of the assessment has been served upon the licensee involved; otherwise, such penalty shall be final except as to judicial review as provided in Code Section 7-1-90." "(e) For purposes of this Code section, the term 'person' includes any an individual, any entity required to be licensed, and a licensee, officer, director, employee, agent, or other person participating in the conduct of the affairs of the person subject to the orders issued pursuant to this Code section."
SECTION 24. Said chapter is further amended in Code Section 7-1-692, relating to prohibited transactions, by adding a new subsection to read as follows:
"(c) No person required to be licensed under this article shall purposely withhold, delete, destroy, or alter information requested by an examiner or other official of the department or make false statements or material misrepresentations to the department."

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SECTION 25. Said chapter is further amended by revising Code Section 7-1-700, relating to definitions relevant to check cashers, as follows:
"7-1-700. As used in this article, the term:
(1) 'Check casher' means an individual, partnership, association, or corporation engaged in cashing checks, money orders, or other drafts for a fee. Such fee may be payable in cash, in the form of exchange of value in excess of regular retail value, in the form of mandatory purchase of goods or services by patrons on a regular basis, which shall mean the check casher conducts such services more than ten times in any calendar month, or in the form of the purchase of catalog items or coupons or other items indicating the ability to receive goods, services, or catalog items. (2) 'Licensed casher of checks' means any individual, partnership, association, or corporation duly licensed by the Department of Banking and Finance to engage in business pursuant to the provisions of this article. (3) 'Licensee' means a licensed casher of checks, drafts, or money orders. (4) 'Registered casher of checks' or 'registrant' means any individual, partnership, association, or corporation engaged in cashing checks, money orders, or other drafts for a fee limited to the greater of $2.00 or 2 percent of the face amount of the check. Such fee may be payable in cash, in the form of exchange of value in excess of regular retail value, in the form of mandatory purchase of goods or services by patrons, or in the form of the purchase of catalog items or coupons or other items indicating the ability to receive goods, services, or catalog items. A registered casher of checks shall not advertise its check cashing services and shall be duly registered by the Department of Banking and Finance to engage in business pursuant to the provisions of this article."
SECTION 26. Said chapter is further amended by revising Code Section 7-1-701, relating to licensure of check cashers, as follows:
"7-1-701. (a) No person, partnership, association, or corporation shall engage in the business of cashing checks, drafts, or money orders for a consideration without first obtaining a license or registration under this article. The term 'consideration' shall include any premium charged for the sale of goods in excess of the cash price of such goods. (b) Each application for a license or registration shall be in writing and under oath to the department, in such form as the department may prescribe, and shall include the following:
(1) The legal name, residence, and business address of the applicant and, if the applicant is a partnership, association, or corporation, of every member, officer, and director thereof; (2) The location where the initial registered office of the applicant will be located in this state;

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(3) The complete address of any other locations at which the applicant proposes to engage in cashing checks; and (4) Such other data, financial statements, and pertinent information as the department may require with respect to the applicant, its directors, trustees, officers, members, or agents. (c) The application for license or registration shall be filed together with an investigation and supervision fee established by regulation which shall not be refundable but which, if the license or registration is granted, shall satisfy the fee requirement for the first license licensed or registered year or the remaining part thereof."
SECTION 27. Said chapter is further amended by revising Code Section 7-1-702, relating to background investigation of applicants for check casher's licenses, as follows:
"7-1-702. (a) The department shall conduct an investigation of every applicant for license or registration to determine the financial responsibility, experience, character, and general fitness of the applicant. If the department determines to its general satisfaction:
(1) That the applicant is financially responsible and appears to be able to conduct the business of cashing checks in an honest, fair, and efficient manner and with the confidence and trust of the community; and (2) That the granting of such application will promote the convenience and advantage of the area in which the business is to be conducted, the department shall issue the applicant a license or registration to engage in the business of cashing checks. (b) The department shall not issue such a license or registration or may revoke a license or registration if it finds that the applicant, licensee, or registrant or any person who is a director, officer, partner, agent, employee, or substantial stockholder of the applicant, ultimate equitable owner of 10 percent or more of the applicant, licensee, or registrant or any individual who directs the affairs or establishes policy for the applicant, licensee, or registrant has been convicted of a felony involving moral turpitude in any jurisdiction or of a crime which, if committed within this state, would constitute a felony involving moral turpitude under the laws of this state. For the purposes of this article, a person shall be deemed to have been convicted of a crime if such person shall have pleaded guilty to a charge thereof before a court or federal magistrate or shall have been found guilty thereof by the decision or judgment of a court or federal magistrate or by the verdict of a jury, irrespective of the pronouncement of sentence or the suspension thereof, unless such plea of guilty or such decision, judgment, or verdict shall have been set aside, reversed, or otherwise abrogated by lawful judicial process and regardless of whether first offender treatment without adjudication of guilt pursuant to the charge was entered, unless and until such plea of guilty or such decision, judgment, or verdict shall have been set aside, reversed, or otherwise abrogated by lawful judicial process or until probation, sentence, or both

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probation and sentence of a first offender have been successfully completed and documented or unless the person convicted of the crime shall have received a pardon therefor from the President of the United States or the governor or other pardoning authority in the jurisdiction where the conviction was had, or shall have received an official certification or pardon granted by the State Board of Pardons and Paroles which removes the legal disabilities resulting from such conviction and restores civil and political rights in this state. The term 'substantial stockholder' as used in this subsection shall be deemed to refer to a person owning or controlling 10 percent or more of the total outstanding stock of the corporation in which such person is a stockholder. (c) The department shall be authorized to obtain conviction data with respect to any applicant, licensee, or registrant or any person who is a director, officer, partner, agent, employee, or ultimate equitable owner of 10 percent or more of the applicant, licensee, or registrant or any individual who directs the affairs or establishes policy for the applicant, licensee, or registrant. Upon receipt of information from the Georgia Crime Information Center that is incomplete or that indicates an applicant, licensee, or registrant or any person who is a director, officer, partner, agent, employee, or ultimate equitable owner of 10 percent or more of the applicant, licensee, or registrant or any individual who directs the affairs or establishes policy for the applicant, licensee, or registrant has a criminal record in a state other than Georgia, the department shall submit to the Georgia Crime Information Center two complete sets of fingerprints of such applicant or such person, the required records search fees, and such other information as may be required. Fees for background checks that the department administers shall be submitted to the department by applicants, licensees, or registrants together with two complete sets of fingerprints. Upon receipt thereof, the Georgia Crime Information Center shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its own records and records to which it has access. The Georgia Crime Information Center shall notify the department in writing of any derogatory finding, including, but not limited to, any conviction data regarding the fingerprint records check, or if there is no such finding. All conviction data received by the department shall be used by the department for the exclusive purpose of carrying out its responsibilities under this article, shall not be a public record, shall be privileged, and shall not be disclosed to any other person or agency except to any person or agency which otherwise has a legal right to inspect the file. All such records shall be maintained by the department pursuant to laws regarding such records and the rules and regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as applicable. As used in this subsection, 'conviction data' means a record of a finding, verdict, or plea of guilty or a plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been sought. (d) Such license shall be kept conspicuously posted in the place of business of the licensee. Such license shall not be transferable or assignable.

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(e) A license issued pursuant to this article shall remain in force and effect through its expiration date unless earlier surrendered, suspended, or revoked pursuant to this article. (d) Every applicant, licensee, and registrant shall be authorized and required to obtain and maintain the results of background checks on employees working in the licensed business. Such background checks shall be handled by the Georgia Crime Information Center pursuant to Code Section 35-3-34 and the rules and regulations of the Georgia Crime Information Center. Applicants, licensees, and registrants shall be responsible for any applicable fees charged by the Georgia Crime Information Center. An applicant, licensee, or registrant may only employ a person whose background data has been checked and been found to be satisfactory prior to the initial date of hire. This provision does not apply to directors, officers, partners, agents, or ultimate equitable owners of 10 percent or more or to persons who direct the company's affairs or establish policy, whose background must have been investigated through the department before taking office, beginning employment, or securing ownership. Upon receipt of information from the Georgia Crime Information Center that is incomplete or that indicates an employee has a criminal record in any state other than Georgia, the employer shall submit to the department two complete sets of fingerprints for such person, together with the applicable fees and any other required information. The department shall submit such fingerprints as provided in subsection (c) of this Code section. (e) Such license or registration shall be kept conspicuously posted in the place of business of the licensee or registrant. Such license or registration shall not be transferable, assignable, or subject to a change of ownership without prior application to and approval by the department. (f) Except as otherwise specifically provided in this article, all licenses and registrations issued pursuant to this article shall expire on September 30 of each year, and application for renewal shall be made annually on or before August 1 of each year. Any new license or registration granted after July 1 in any year will not be required to be renewed until the next calendar year renewal period."
SECTION 28. Said chapter is further amended in Code Section 7-1-704, relating to rules and regulations for enforcement of article and the examination of books and records of licensees, by revising subsections (b) through (d) as follows:
"(b) To assure compliance with the provisions of this article and in consideration of any application to renew a license or registration pursuant to the provisions of Code Section 7-1-703, the department or its designated agent may examine the books and records of any licensee or registrant to the same extent as it is authorized to examine financial institutions under this chapter. Each licensee or registrant shall pay an examination fee as established by regulations of the department to cover the cost of such examination.

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(c) To assure compliance with the provisions of this article, the department may review the fees charged and fee income of any person cashing checks for a fee who claims exemption from licensing or claims to be a registered casher of checks. Each person claiming exemption who is reviewed shall pay an hourly fee as provided in departmental regulations when the review requires more than four examiner hours and the review results in a finding that a license or registration is required. The department, in its discretion, may permit the party claiming exemption or registration to supply to the department the necessary books and records for its review at department headquarters. (d) The department shall remit all examination fees paid by licensees and registrants in accordance with Code Section 7-1-43, net of any cost paid to third parties authorized by the department to perform such examination services."
SECTION 29. Said chapter is further amended by revising Code Section 7-1-705, relating to notice to be posted by licensee, record-keeping requirements, and check cashing procedures, as follows:
"7-1-705. (a) In every location licensed or registered under this article, there shall be conspicuously posted and at all times displayed a notice stating the charges for cashing checks. (b) Each licensee or registrant shall keep and use in its business such books, accounts, and records as the department may require to carry into effect the provisions of this article and the rules and regulations. Every licensee or registrant shall preserve such books, accounts, and records for at least two years. (c) Before a licensee or registrant shall deposit with any bank a check, draft, or money order cashed by such licensee or registrant, the same must be endorsed with the actual name under which such licensee or registrant is doing business.
(d)(1) No licensee or registrant shall receive any check, draft, or money order with payment deferred pending collection. Payment shall be made immediately in cash for every check, draft, or money order accepted by the licensee or registrant. (2) Notwithstanding the provisions of paragraph (1) of this subsection, drafts may be accepted for collection with payment deferred where the licensee or registrant has posted a surety bond in the same manner as prescribed for check sales licensees under Code Section 7-1-683. The amount of the surety bond shall be $10,000.00 for each location operated by the licensee or registrant if the licensee or registrant operates three or fewer locations. For a fourth or fifth location operated by a licensee or registrant, the amount of the surety bond shall be $5,000.00 for each such location. For each location operated by a licensee or registrant in excess of a fifth location, the amount of the surety bond shall be $1,000.00. In no event shall payment of a draft be deferred past the time that the licensee or registrant has collected on the draft. Upon collection, payment shall be made immediately to the party from whom the licensee or registrant accepted the draft.

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(e) No licensee or registrant shall cash a check, draft, or money order made payable to a payee other than a natural person unless such licensee or registrant has previously obtained appropriate documentation from the executive entity of such payee clearly indicating the authority of the natural person or persons cashing the check, draft, or money order on behalf of the payee. (f) No licensee shall indicate through advertising, signs, billhead, or otherwise that checks may be cashed or registrant shall cash checks without identification of the bearer of such check, and any person seeking to cash a check shall be required to submit such reasonable identification as shall be prescribed by the department; provided, however, the provisions of this subsection shall not prohibit a licensee or registrant from cashing a check simultaneously with the verification and establishment of the identity of the presenter by means other than the presentation of identification. (g) Within five business days after being advised by the payor financial institution that a check, draft, or money order has been altered, forged, stolen, obtained through fraudulent or illegal means, negotiated without proper legal authority, or represents the proceeds of illegal activity, the licensee or registrant shall notify the department and the district attorney for the judicial circuit in which the check was received. In the event a check, draft, or money order is returned to the licensee or registrant by the payor financial institution for any of the aforementioned reasons, the licensee or registrant may not release the check, draft, or money order without the consent of the district attorney or other investigating law enforcement authority."
SECTION 30. Said chapter is further amended in Code Section 7-1-706, relating to check-cashing fees, by designating the existing text as subsection (a) and by adding a new subsection to read as follows:
"(b) No registered casher of checks shall charge check-cashing fees, except as otherwise provided in this Code section, in excess of 2 percent of the face amount of the check or draft or $2.00, whichever is greater."
SECTION 31. Said chapter is further amended by revising Code Section 7-1-707, relating to suspension or revocation of check casher's license, as follows:
"7-1-707. (a) The department may suspend or revoke any licenses or license or registration issued pursuant to this article if, after notice and a hearing:
(1) It shall find that the licensee or registrant has: (A) Has committed Committed any fraud, engaged in any dishonest activities, or made any misrepresentation; (B) Has violated Violated any provisions of the banking law or any regulation issued pursuant thereto or has violated any other law in the course of its or his its, his, or her dealings as a licensed or registered casher of checks;

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(C) Has made Made a false statement in the application for such license or registration or failed to give a true reply to a question in such application; (D) Has demonstrated his Demonstrated his, her, or its incompetency or untrustworthiness to act as a licensed or registered casher of checks; or (E) Purposely withheld, deleted, destroyed, or altered information requested by an examiner of the department or made false statements or material misrepresentations to the department; or (E)(F) Has charged Charged check-cashing fees, exclusive of direct costs of verification, in unconscionable amounts which do not adequately reflect:
(i) The level of risk associated with the cashing of checks of a particular class using ordinary prudence and commercially reasonable standards of identification and acceptance; (ii) The cost of funds necessary to operate a check-cashing business; and (iii) The extraordinary costs for security safeguards associated with the business location of the licensee or registrant; or (2) It shall find that any ground or grounds exist which would require or warrant the refusal of an application for the issuance of the license if such an application were then before it. (b) No application for a license under this article shall be denied and no license granted under this article shall be suspended or revoked unless the applicant or licensee is given a reasonable opportunity to be heard by the department. For this purpose, the department shall give the applicant or licensee at least 20 days written notice of the time and place of such hearing by registered or certified mail or statutory overnight delivery addressed to the principal place of business of such applicant or licensee. A copy of such notice of hearing shall be mailed to any association of licensees registered with the department for the purpose of receiving such notices, and such association shall be permitted to participate in the hearing, either on behalf of the applicant or in opposition to the application. Any order of the department denying, suspending, or revoking a license shall state the grounds upon which it is based and shall not be effective for 20 days after its rendition. A copy thereof shall be forwarded promptly by registered or certified mail or statutory overnight delivery addressed to the principal place of business of such applicant or licensee. Notice of the department's intention to enter an order denying an application for a license or registration under this article or of an order suspending or revoking a license or registration under this article shall be given to the applicant, licensee, or registrant, in writing, sent by registered or certified mail or statutory overnight delivery addressed to the principal place of business of such applicant, licensee, or registrant. Within 20 days of the date of the notice of intention to enter an order of denial, suspension, or revocation under this article, the applicant, licensee, or registrant may request in writing a hearing to contest the order. If a hearing is not requested in writing within 20 days of the date of such notice of intention, the department shall enter a final order regarding the denial, suspension, or revocation. Any final order of the department denying, suspending, or revoking a license or registration shall state the grounds upon which it is based and shall be effective on the

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date of issuance. A copy thereof shall be forwarded promptly by registered or certified mail or statutory overnight delivery addressed to the principal place of business of such applicant, licensee, or registrant. If a person refuses to accept service of the notice or order by registered or certified mail or statutory overnight delivery, the notice or order shall be served by the commissioner or the commissioner's authorized representative under any other method of lawful service; and the person shall be personally liable to the commissioner for a sum equal to the actual costs incurred to serve the notice or order. This liability shall be paid upon notice and demand by the commissioner or the commissioner's representative and shall be assessed and collected in the same manner as other fees or fines administered by the commissioner. (c) A decision of the department denying a license or registration, original or renewal, shall be conclusive, except that it may be subject to judicial review under Code Section 7-1-90. A decision of the department suspending or revoking a license or registration shall be subject to judicial review in the same manner as a decision of the department to take possession of the assets and business of a bank under Code Section 7-1-155. (d) The provisions of this Code section shall not apply when a license is denied or suspended as provided in Code Section 7-1-707.1.
(e)(1) Whenever it shall appear to the department that any person required to be licensed or registered under this article has violated any law of this state or any order or regulation of the department under this article, the department may issue an initial written order requiring such person to cease and desist immediately from such unauthorized practices. Such cease and desist order shall be final 20 days after it is issued unless the person to whom it is issued makes a written request within such 20 day period for a hearing. The hearing shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' A cease and desist order to an unlicensed or unregistered person that orders such person to cease doing a check-cashing business without the appropriate license or registration shall be final 30 days from the date of issuance, and there shall be no opportunity for an administrative hearing. If the proper license or registration or evidence of exemption is obtained within the 30 day period, the order shall be rescinded by the department. Any cease and desist order sent to the person at both his or her personal and business addresses pursuant to this Code section that is returned to the department as 'refused' or 'unclaimed' shall be deemed as received and sufficiently served. (2) Whenever a person required to be licensed under this article shall fail to comply with the terms of an order of the department which has been properly issued under the circumstances, the department, upon notice of three days to such person, may, through the Attorney General, petition the principal court for an order directing such person to obey the order of the department within the period of time as shall be fixed by the court. Upon the filing of such petition, the court shall allow a motion to show cause why it should not be granted. Whenever, after a hearing upon the merits or after failure of such person to appear when ordered, it shall appear that the order of the department was properly issued, the court shall grant the petition of the department.

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(3) Any person required to be licensed under this article who violates the terms of any order issued pursuant to this Code section shall be liable for a civil penalty not to exceed $1,000.00. Each day the violation continues shall constitute a separate offense. In determining the amount of penalty, the department shall take into account the appropriateness of the penalty relative to the size of the financial resources of such person, the good faith efforts of such person to comply with the order, the gravity of the violation, the history of previous violations by such person, and such other factors or circumstances as shall have contributed to the violation. The department may at its discretion compromise, modify, or refund any penalty which is subject to imposition or has been imposed pursuant to this Code section. Any person assessed as provided in this subsection shall have the right to request a hearing into the matter within ten days after notification of the assessment has been served upon the licensee or registrant involved; otherwise, such penalty shall be final except as to judicial review as provided in Code Section 7-1-90. (4) Initial judicial review of the decision of the department entered pursuant to this Code section shall be available solely in the superior court of the county of domicile of the department. (5) For purposes of this Code section, the term 'person' includes any an individual, any entity required to be licensed or registered, licensees, registrants, or an officer, director, employee, agent, or other person participating in the conduct of the affairs of the person subject to the orders issued pursuant to this Code section. (6) In addition to any other administrative penalties authorized by this article, the department may, by regulation, prescribe administrative fines for violations of this article and of any rules promulgated by the department pursuant to this article."
SECTION 32. Said chapter is further amended in Code Section 7-1-709, relating to applicability of article, by striking subsection (c) in its entirety and by revising subsection (b) in its entirety as follows:
"(b) This article shall not apply to any individual, partnership, association, or corporation which cashes checks for which no fee is charged."
SECTION 33. Said chapter is further amended in Code Section 7-1-1001, relating to exemption for certain persons and entities from obtaining a mortgage broker or mortgage lender license, by revising paragraph (13) as follows:
"(13) Any natural person who makes five or fewer mortgage loans in any one calendar year. A person other than a natural person who makes five or fewer mortgage loans in any one calendar year shall not be exempt from the licensing requirements of this article unless such person applies for and is granted an exemption by the department in accordance with regulations promulgated by the department; or"

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SECTION 34. Said chapter is further amended in Code Section 7-1-1004, relating to investigation of applicant for mortgage broker license, by revising subsections (f) and (i) as follows:
"(f) Every licensee and applicant shall be authorized and required to obtain background checks on covered employees. Such background checks shall be handled by the Georgia Crime Information Center pursuant to Code Section 35-3-34 and the rules and regulations of the Georgia Crime Information Center. Licensees and applicants shall be responsible for any applicable fees charged by the center. An applicant or licensee may employ a person whose background must be checked and has 90 days from the initial date of hire to obtain satisfactory background data. A background check must be initiated for a person in the employ of a licensee or applicant within ten days of the date of initial hire and be completed with satisfactory results within the first 90 days of employment. This provision does not apply to directors, officers, partners, agents, or ultimate equitable owners of 10 percent or more or to persons who direct the company's affairs or establish policy, whose background must have been investigated through the department before taking office, beginning employment, or securing ownership. Upon receipt of information from the Georgia Crime Information Center that is incomplete or that indicates an employee has a criminal record in any state other than Georgia, the employer shall submit to the department two complete sets of fingerprints of such person, together with the applicable fees and any other required information. The department shall submit such fingerprints as provided in subsection (e) of this Code section." "(i) The department may not issue a license to and may revoke a license from an applicant or licensee if such person employs any other person against whom a final cease and desist order has been issued within the preceding three five years, if such order was based on a violation of Code Section 7-1-1013 or based on the conducting of a mortgage business without a required license, or whose license has been revoked within three five years of the date such person was hired. Each applicant and licensee shall, before hiring an employee, examine the department's public records to determine that such employee is not subject to the type of cease and desist order described in this subsection."
SECTION 35. Said chapter is further amended in Code Section 7-1-1006, relating to contents of a mortgage broker's license and posting requirements, by revising subsections (e) and (f) as follows:
"(e) Each licensee shall notify the department in writing of any change in the address of the principal place of business or of any additional location of business in Georgia, any change in registered agent or registered office, any change of principal executive officer, director, contact person for consumer complaints, or ultimate equitable owner of 10 percent or more of any corporation or other entity licensed under this article, or of any material change in the licensee's financial statement. Notice of a change in address of the main office or an approved branch location shall be submitted no later than 15

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days before the change is made. Notice of other changes must be received by the department no later than 30 business days after the change is effective. (f) No licensee shall open a new additional office in Georgia without prior approval of the department. Applications for such additional office shall be made in writing on a form prescribed by the department and shall be accompanied by payment of a $350.00 nonrefundable application fee. The application shall be approved unless the department finds that the applicant has not conducted business under this article efficiently, fairly, in the public interest, and in accordance with law. The application shall be deemed approved if notice to the contrary has not been mailed by the department to the applicant within 30 45 days of the date the application is received by the department."
SECTION 36. Said chapter is further amended in Code Section 7-1-1008, relating to acquisition of 25 percent or more of the voting shares or of the ownership of any other entity licensed to conduct business under the mortgage lenders and mortgage brokers article, is revised in the introductory language of subsection (a) as follows:
"(a) Except as provided in this Code section, on and after July 1, 1993, no person shall acquire directly or indirectly 25 10 percent or more of the voting shares of a corporation or 25 10 percent or more of the ownership of any other entity licensed to conduct business under this article unless it first:"
SECTION 37. Said chapter is further amended in Code Section 7-1-1009, relating to maintenance of books, accounts, and records; and investigation and examination of licensees and registrants by the department, by revising subsection (a) and the introductory language of subsection (f) as follows:
"(a) Any person required to be licensed or registered under this article shall maintain at its offices or such other location as the department shall permit such books, accounts, and records as the department may reasonably require in order to determine whether such person is complying with the provisions of this article and rules and regulations adopted in furtherance thereof. Such books, accounts, and records shall be maintained apart and separate from any other business in which such separately and distinctly from any other personal or unrelated business matters in which the person is involved." "(f) Examinations and investigations conducted under this article and information obtained by the department in the course of its duties under this article are confidential, except as provided in this subsection, pursuant to the provisions of Code Section 7-170. In addition to the exceptions set forth in subsection (b) of Code Section 7-1-70 and in paragraphs (3) and (4) of subsection (c) of this Code section, the department is authorized to share information obtained under this article with other state and federal regulatory agencies or law enforcement authorities. In the case of such sharing, the safeguards to confidentiality already in place within such agencies or authorities shall be deemed adequate. The commissioner or an examiner specifically designated may disclose such limited information as is necessary to conduct a civil or administrative

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investigation or proceeding. The department shall compile information on the number of written complaints received on all licensees. Beginning August 1, 2001, and at least annually thereafter, the department shall The department shall annually disclose to the public the number of such complaints together with the number of Georgia residential mortgage loans made during the same period. In preparing the disclosure, the department shall be authorized to rely upon the number of mortgage loans reported to it in the mortgage license renewal application. Information contained in the records of the department which is not confidential and may be made available to the public either on the department's website or upon receipt by the department of a written request shall include:"
SECTION 38. Said chapter is further amended in Code Section 7-1-1016, relating to regulations relative to advertising, by revising paragraphs (1) and (2) as follows:
"(1)(A) Advertisements for loans regulated under this article may not be false, misleading, or deceptive. No person whose activities are regulated under this article may advertise in any manner so as to indicate or imply that its interest rates or charges for loans are in any way 'recommended,' 'approved,' 'set,' or 'established' by the state or this article; (B) An advertisement shall not include an individual's loan number, loan amount, or other publicly available information unless it is clearly and conspicuously stated in bold-faced type at the beginning of the advertisement that the person disseminating it is not authorized by, in sponsorship with, or otherwise affiliated with the individual's lender, which shall be identified by name. Such an advertisement shall also state that the loan information contained therein was not provided by the recipient's lender. (2) All advertisements disseminated by a licensee or a registrant in this state by a licensee or a registrant any means shall contain the name, license number, and an office address of such licensee or registrant, which shall conform to a name and address on record with the department; and"
SECTION 39. Said chapter is further amended in Code Section 7-1-1017, relating to suspension or revocation of licenses of mortgage lenders or mortgage brokers, by revising paragraph (1) of subsection (a) and subsection (b) as follows:
"(a)(1) The department may suspend or revoke an original or renewal license or registration license, registration, or mortgage broker education approval on any ground on which it might refuse to issue an original license or registration license, registration, or approval or for a violation of any provision of this article or of Chapter 6A of this title or any rule or regulation issued under this article or under Chapter 6A of this title, including failure to provide fees on a timely basis, or for failure of the licensee or registrant to pay, within 30 days after it becomes final, a judgment recovered in any court within this state by a claimant or creditor in an action arising

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out of the licensee's or registrant's business in this state as a mortgage lender or mortgage broker or for violation of a final order previously issued by the department." "(b) Notice of the department's intention to enter an order denying an application for a license or registration under this article or of an order suspending or revoking a license or registration under this article shall be given to the applicant, licensee, or registrant in writing, sent by registered or certified mail or statutory overnight delivery addressed to the principal place of business of such applicant, licensee, or registrant. Within 20 days of the date of the notice of intention to enter an order of denial, suspension, or revocation under this article, the applicant, licensee, or registrant may request in writing a hearing to contest the order. If a hearing is not requested in writing within 20 days of the date of such notice of intention, the department shall enter a final order regarding the denial, suspension, or revocation. Any final order of the department denying, suspending, or revoking a license or registration shall state the grounds upon which it is based and shall be effective on the date of issuance. A copy thereof shall be forwarded promptly by registered or certified mail or statutory overnight delivery addressed to the principal place of business of such applicant, licensee, or registrant. If a person refuses to accept service of the notice or order by registered or certified mail or statutory overnight delivery, the notice or order shall be served by the commissioner or the commissioner's authorized representative under any other method of lawful service; and the person shall be personally liable to the commissioner for a sum equal to the actual costs incurred to serve the notice or order. This liability shall be paid upon notice and demand by the commissioner or the commissioner's representative and shall be assessed and collected in the same manner as other fees or fines administered by the commissioner."
SECTION 40. Said chapter is further amended in Code Section 7-1-1018, relating to cease and desist orders against noncompliant mortgage lenders or mortgage brokers, by revising subsections (a) and (f) as follows:
"(a) Whenever it shall appear to the department that any person required to be licensed or registered or required to file a notification statement under this article or employed by a licensee or registrant pursuant to Code Section 7-1-1001 or who would be covered by the prohibitions in Code Section 7-1-1013 has violated any law of this state or any order or regulation of the department, the department may issue an initial written order requiring such person to cease and desist immediately from such unauthorized practices. Such cease and desist order shall be final 20 days after it is issued unless the person to whom it is issued makes a written request within such 20 day period for a hearing. The hearing shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' A cease and desist order to an unlicensed person that orders them to cease doing a mortgage business without the appropriate license shall be final 30 days from the date of issuance, and there shall be no opportunity for an administrative hearing. If the proper license or evidence of exemption or valid employment status during the time of the alleged offense is

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delivered to the department within the 30 day period, the order shall be rescinded by the department. If a cease and desist order is issued to a person who has been sent a notice of bond cancellation and if the bond is reinstated or replaced and such documentation is delivered to the department within the 30 day period following the date of issuance of the order, the order shall be rescinded. If the notice of reinstatement of the bond is not received within the 30 days, the license shall expire at the end of the 30 day period and the person shall be required to make a new application for license and pay the applicable fees. In the case of an unlawful purchase of mortgage loans, such initial cease and desist order to a purchaser shall constitute the knowledge required under subsection (b) of Code Section 7-1-1002 for any subsequent violations. Any cease and desist order sent to the person at both his or her personal and business addresses pursuant to this Code section that is returned to the department as 'refused' or 'unclaimed' shall be deemed as received and sufficiently served." "(f) For purposes of this Code section, the term 'person' also includes any officer, director, employee, agent, or other person participating in the conduct of the affairs of the person subject to the orders issued pursuant to this Code section."

SECTION 41. This Act shall become effective on July 1, 2007.

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.

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

Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner

Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J E Jones, S Y Jordan Y Kaiser

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy E Neal Y Nix Y Oliver Y O'Neal

N Scott, M Y Sellier Y Setzler
Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr

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Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H N Davis, S E Day

Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord
Loudermilk Y Lucas Y Lunsford Y Maddox
Mangham E Manning Y Marin

Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders E Sailor Y Scott, A

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

On the passage of the Bill, by substitute, the ayes were 157, nays 4.

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 substitute thereto:

HB 366. By Representatives Bearden of the 68th, Meadows of the 5th and Tumlin of the 38th:

A BILL to be entitled an Act to amend Code Section 30-4-2, relating to right to equal public accommodations and to be accompanied by guide or service dog, so as to provide that every person engaged in the raising of a dog for training as a guide or service dog shall have the right to be accompanied by such dog in the same manner as a totally or partially blind, deaf, or physically disabled person under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Senate substitute was read:

A BILL

To amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to change certain provisions relating to definitions relative to Chapter 8 of said title; to change certain provisions relating to inspections, impoundment of animals, and exceptions; to change certain provisions relating to failure to respond, right to hearing,

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care, and crime exception; to change certain provisions relating to filing a report regarding animal cruelty and immunity; 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 dog fighting; to prohibit fighting or enticement for dog fighting and related conduct; to provide for punishments; to define certain terms; to provide a short title; to provide legislative findings and declarations; to amend Code Section 30-4-2 of the Official Code of Georgia Annotated, relating to right to equal public accommodations and to be accompanied by guide or service dog, so as to provide that every person engaged in the raising of a dog for training as a guide or service dog shall have the right to be accompanied by such dog in the same manner as a totally or partially blind, deaf, or physically disabled person under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Dog Fighting Act."
SECTION 2. The General Assembly finds and declares that the fighting of dogs against dogs in this state promotes criminal activity that adversely affects public safety and it is a cruel and unacceptable practice. The General Assembly recognizes and supports the training and use of dogs for hunting, field trials, and other legitimate sporting exhibitions or competitions. The General Assembly finds and declares further that the most effective, economical, humane, and ethical solution to the problem of dog fighting is to punish such conduct as a criminal act.
SECTION 3. Title 4 of the Official Code of Georgia Annotated, relating to animals, is amended by revising paragraph (6) of Code Section 4-8-41, relating to definitions relative to Chapter 8 of said title, as follows:
"(6) 'Vicious dog' means any dog that: (A) Inflicts 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 (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

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reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime."
SECTION 4. Said title is further amended by revising subsection (c) of Code Section 4-11-9.3, relating to inspections, impoundment of animals, and exceptions, as follows:
"(c) Any person impounding an animal under this article is authorized to return the animal to its owner, upon payment by the owner of all costs of impoundment and care and upon the entry of a consent order, unless such owner was, in a prior administrative or legal action in this state or any other state, found to have failed to provide humane care to an animal, committed cruelty to animals, or engaged in dog fighting or enticement for dog fighting, as such terms are defined in Code Section 16-12-37, in violation of the laws of this state or of the United States or any of the several states. Such consent order shall provide conditions relating to the care and treatment of such animal, including, but not limited to, the following, that:
(1) Such animal will be given humane care and adequate and necessary veterinary services; (2) Such animal will not be subjected to cruelty; and (3) The owner will comply with this article."
SECTION 5. Said title is further amended by revising subparagraph (b)(6)(B) of Code Section 4-119.5, relating to failure to respond, right to hearing, care, and crime exception, as follows:
"(B) Unless, in a prior administrative or legal action in this state or any other state, the owner has been found to have failed to provide humane care to an animal, committed cruelty to animals, or engaged in dog fighting or enticement for dog fighting, as such terms are defined in Code Section 16-12-37, in violation of the laws of this state or of the United States or any of the several states, recommend conditions under which the animal may, upon payment by the owner of all costs of impoundment and care, be returned to the owner. Such conditions shall be reduced to writing and served upon the owner and the government agency having custody of the animal. Such conditions may include, but are not limited to, the following, that:
(i) Such animal will be given humane care and adequate and necessary veterinary services; (ii) Such animal will not be subjected to mistreatment; and (iii) The owner will comply with this article."
SECTION 6. Said title is further amended by revising subsection (a) of Code Section 4-11-17, relating to filing a report regarding animal cruelty and immunity, as follows:
"(a) Notwithstanding Code Section 24-9-29 or any other provision of law to the contrary, any licensed accredited veterinarian or veterinary technician having reasonable cause to believe that an animal has been subjected to animal cruelty in

WEDNESDAY, APRIL 11, 2007

1971

violation of Code Section 16-12-4 or dog fighting or enticement for dog fighting, as such terms are defined in Code Section 16-12-37, in violation of Code Section 16-12-37 may make or cause to be made a report of such violation to the Commissioner, his or her designee, an animal control officer, a law enforcement agency, or a prosecuting attorney and may appear and testify in any judicial or administrative proceeding concerning the care of an animal."
SECTION 7. Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling offenses, is amended by revising Code Section 16-12-37, relating to dog fighting, as follows:
"16-12-37. (a) A person commits the offense of dogfighting when he causes or allows a dog to fight another dog for sport or gaming purposes or maintains or operates any event at which dogs are allowed or encouraged to fight one another. (b) A person convicted of the offense of dogfighting shall be punished by a mandatory fine of $5,000.00 or by a mandatory fine of $5,000.00 and imprisonment for not less than one year nor more than five years. (a) This Code section shall not prohibit, impede, or otherwise interfere with recognized animal husbandry and training techniques or practices not otherwise specifically prohibited by law, and the following activities shall not constitute a violation of this Code section:
(1) Owning, using, breeding, training, or equipping any dog to pursue, take, hunt, or recover wildlife or any animal that could be lawfully hunted or taken under Title 27 or participating in hunting or fishing in accordance with provisions of Title 27 and rules and regulations promulgated pursuant thereto as such rules and regulations existed on the date specified in Code Section 27-1-39; (2) Owning, using, breeding, training, or equipping dogs to work livestock for agricultural purposes in accordance with the rules and regulations of the Commissioner of Agriculture as such rules and regulations existed on January 1, 2007; (3) Owning, using, breeding, training, or equipping dogs for law enforcement purposes; or (4) Owning, using, breeding, training, or equipping any dog to control damage from nuisance or pest species in and around structures or agricultural operations. (b) As used in this Code section, the term: (1) 'Dog' means any member of the species canis familiaris or any intentionally bred hybrid of the species canis familiaris. (2) 'Enticement for dog fighting' means knowingly and intentionally provoking, harassing, or encouraging a dog with another animal for the specific purpose of training a dog for or causing a dog to engage in fighting as defined in this Code section.

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(3) 'Fighting' means an attack by a dog against another dog resulting from the intentional act of any person. (4) 'Person' means any natural person or any firm, partnership, association, or corporation. (5) 'Spectator' means any person, other than a minor child under the age of 14, who is willfully present at any location, structure, or facility with knowledge that fighting or enticement for dog fighting is taking place. (c) Any person who: (1) Intentionally causes any fighting or enticement for dog fighting; (2) Knowingly owns, possesses, harbors, keeps, or has custody or control of any dog for the purpose of fighting or enticement for dog fighting; (3) Knowingly trains, purchases, sells, transports, transfers, breeds, or equips any dog for the purpose of fighting or enticement for dog fighting; (4) Knowingly purchases, rents, leases, or otherwise acquires or obtains the use of any structure, facility, property, or location to be used for the purpose of fighting or enticement for dog fighting; (5) Knowingly allows, permits, or makes available any structure, facility, property, or location to be used for the purpose of fighting or enticement for dog fighting; (6) Bets, wagers, or encourages another to bet or wager anything of value on any dog fighting or enticement for dog fighting activity; (7) Knowingly facilitates, conducts, sponsors, organizes, stages, referees, or charges an admission fee for or serves as the stakeholder on any dog fighting or enticement for dog fighting activity; (8) Knowingly uses any means of communication for the purposes of promoting or advertising fighting or enticement for dog fighting; or (9) Is a spectator as defined in this Code section shall be guilty of a felony; and upon a first conviction thereof such person shall be punished by imprisonment for no less than one year nor more than five years, a fine of not less than $5,000.00, or both such fine and imprisonment; and upon a second or subsequent conviction thereof such person shall be punished by imprisonment for not less than one year nor more than ten years, a fine of not less than $15,000.00, or both such fine and imprisonment. Each act or omission in violation of this subsection shall constitute a separate offense. The court, as part of the sentence, may prohibit the offender from owning, possessing, or having on the offender's premises any dog during the term of the sentence."
SECTION 8. Code Section 30-4-2 of the Official Code of Georgia Annotated, relating to right to equal public accommodations and to be accompanied by guide or service dog, is amended by revising subsection (b) as follows:
"(b)(1) Every totally or partially blind person shall have the right to be accompanied by a guide dog, and every physically disabled person and every deaf person shall have the right to be accompanied by a service dog, especially trained for the purpose, in

WEDNESDAY, APRIL 11, 2007

1973

any of the places listed in subsection (a) of this Code section without being required to pay an extra charge for the guide or service dog; provided, however, that he or she shall be liable for any damage done to the premises or facilities by such dog. In addition, if such totally or partially blind person, physically disabled person, or deaf person is a student at a private or public school in this state, such person shall have the right to be accompanied by a guide dog or service dog subject to liability for damage as provided in the preceding sentence. The guide dog or service dog must be identified as having been trained by a school for seeing eye, hearing, service, or guide dogs. (2) Every person engaged in the training of a guide dog or service dog for the purpose of accompanying a person as provided in paragraph (1) of this subsection shall have the same right to be accompanied by such dog being trained as the totally or partially blind person, deaf person, or physically disabled person has under paragraph (1) of this subsection, so long as such trainer is identified as an agent or employee of a school for seeing eye, hearing, service, or guide dogs. (3) Every person engaged in the raising of a dog for training as a guide dog or service dog for the purpose of accompanying a person as provided in paragraph (1) of this subsection shall have the same right to be accompanied by such dog being raised for training as the totally or partially blind person, deaf person, or physically disabled person has under paragraph (1) of this subsection, so long as:
(A) Such dog is being held on a leash and is under the control of the person raising such dog for an accredited school for seeing eye, hearing, service, or guide dogs; (B) Such person has on his or her person and available for inspection credentials from the accredited school for which the dog is being raised; and (C) Such dog is wearing a collar, leash, or other appropriate apparel or device that identifies such dog with the accredited school for which such dog is being raised."

SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

Pursuant to Rule 117.2, the Speaker ruled the Senate substitute to HB 366 not germane, and the House has disagreed.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

SB 17.

By Senators Harp of the 29th, Unterman of the 45th, Hooks of the 14th, Mullis of the 53rd, Harbison of the 15th and others:

A BILL to be entitled an Act to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to authorize certain optometrists to prescribe and administer oral and topical pharmaceutical agents related to the diagnosis or treatment of diseases and

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JOURNAL OF THE HOUSE

conditions of the eye and adnexa oculi except Schedule I and Schedule II controlled substances; to provide for statutory construction; 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 substituting SB 17.

The motion prevailed.

The following Bills of the House were taken up for the purpose of considering the Senate substitute or amendments thereto:

HB 274. By Representatives Lindsey of the 54th and Kaiser of the 59th:

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 following Senate amendment was read:

The Senate moves to amend HB 274 by striking line 15 on page 1 and inserting in lieu thereof the following:

"(2) Be a United States citizen or be a legal resident of the United States;"

and by striking line 11 on page 2 and inserting in lieu thereof the following: "(D) Such other valid identification by a local or state government or by the United States government."

Representative Lindsey of the 54th moved that the House agree to the Senate amendment to HB 274.

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

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart

Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley

Y Martin Y Maxwell
May Y McCall Y McKillip Y Meadows

Y Scott, M Y Sellier Y Setzler
Shaw Y Sheldon
Shipp

WEDNESDAY, APRIL 11, 2007

1975

Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole
Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S E Day

Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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

Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J E Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy E Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish
Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders E Sailor Y Scott, A

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

On the motion, the ayes were 161, nays 0.

The motion prevailed.

HB 81. By Representatives Hill of the 180th, Lane of the 158th, Barnard of the 166th, Burns of the 157th, Williams of the 165th and others:

A BILL to be entitled an Act to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change certain provisions relating to definitions; to change certain provisions relating to charter fishing guide and pier fishing licenses, fees, and maintenance of records; to provide for new licenses relative to salt water fishing; to repeal conflicting laws; and for other purposes.

The following Senate amendment was read:

The Senate moves to amend HB 81 by inserting on line 2 of page 1, following "definition;", the following:

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to provide for veterans lifetime sportsman's licenses and fees therefor;
By inserting following line 14 of page 1 the following:
SECTION 1A. Said title is further amended by revising subsections (e) and (f) of Code Section 27-2-3.1, relating to archery and primitive weapons hunting licenses, all weapons hunting licenses, sportsmen's licenses, license card carrier requirements, and creation of lifetime sportsman's licenses, as follows:
"(e)(1) The requirements in this title for procuring any license, stamp, or permit for noncommercial hunting and fishing privileges shall be satisfied by a resident or nonresident who procures a lifetime sportsman's license. (2) An applicant for such license who is a resident shall, prior to the issuance of the license, provide satisfactory evidence of residency. (3) An applicant for a veteran's lifetime sportsman's license shall, in addition to satisfactory evidence of residency, be required to provide satisfactory evidence that he or she served more than 90 days of federal active duty military service and was honorably discharged. (4) An applicant for such license who is a nonresident shall not be eligible for issuance of such license unless he or she is under 16 years of age and is the grandchild of a resident who holds a valid paid lifetime sportsman's license. The resident grandparent who holds such a lifetime sportsman's license and who is the sponsor of a nonresident applicant for a lifetime sportsman's license must certify the nonresident applicant's relationship to him or her in writing to the department. (5) For purposes of procuring a lifetime sportsman's license, the term 'residency' means a domicile within Georgia for a minimum of 12 consecutive months immediately prior to procuring such license. Satisfactory evidence of residency shall consist of a current Georgia driver's license or official Georgia identification card issued by the Department of Driver Services and at least one of the following:
(1)(A) A voter registration card; (2)(B) A copy of the prior year's Georgia income tax return; (3)(C) A current Georgia automobile registration; or (4)(D) A warranty deed to property at the same address as is displayed on the Georgia driver's license. Minors under 18 years of age shall be presumed to be residents upon proof of parent's residency as provided for in this Code section. For purposes of procuring the Type I (Infant) lifetime license, a certified copy of the birth certificate of the licensee shall be required. (f)(1) Lifetime sportsman's licenses and fees for residents shall be as follows: (A) Type I (Infant), available only to those individuals under two years of age: $200.00; (B) Type Y (Youth), available only to those individuals from two through 15 years of age: $350.00;

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(C) Type A (Adult), available to those individuals 16 years of age or older: $500.00; (D) Type SD (Senior Discount), available to those individuals 60 years of age or older: $95.00; and (E) Type S (Senior), available to those individuals 65 years of age or older: no charge; and (F) Type V (Veterans), available only to those individuals who served more than 90 days of federal active duty military service and were honorably discharged: eighty percent of the amount of the fee specified for Type A lifetime sportsman's licenses in subparagraph (C) of this paragraph."

Representative Hill of the 180th moved that the House agree to the Senate amendment to HB 81.

The following amendment was read:

Representative Roberts of the 154th moves to amend the Senate amendment to HB 81 as follows:

Page 1:

line 15: after "veteran's" insert "or active duty military"

line 17:

after "she" insert "has served or" after "and" insert "in the case of veteran's"

Page 2

line 17: after "Veterans" insert "or active military"

line 17:

after "individuals" insert "on active duty with any branch of the armed forces or veterans"

line 17: after: "who" insert "have served or"

line 18: after "and" insert "in the case of veterans"

line 18: delete "eighty" insert "fifty".

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

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JOURNAL OF THE HOUSE

Y Abdul-Salaam Y Abrams Y Amerson N Ashe Y Barnard Y Bearden Y Beasley-Teague N Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S E Day

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

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

Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders E Sailor Y Scott, A

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

On the adoption of the amendment, the ayes were 157, nays 3.

The amendment was adopted.

Representative Roberts of the 154th moved that the House agree to the Senate amendment, as amended by the House, to HB 81.

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

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart

Y Holt Y Horne E Houston Y Howard E Hudson Y Hugley

Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows

Scott, M Y Sellier Y Setzler
Shaw Y Sheldon Y Shipp

WEDNESDAY, APRIL 11, 2007

1979

Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas
Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S E Day

Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster
Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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

Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T
Jones, J E Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston
Randall Y Reece Y Reese
Rice Y Roberts Y Rogers Y Royal Y Rynders E Sailor Y Scott, A

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

On the motion, the ayes were 155, nays 0.

The motion prevailed.

HB 132. By Representatives Stephens of the 164th, Keen of the 179th, Carter of the 159th and Bryant of the 160th:

A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 52 of the Official Code of Georgia Annotated, relating to pilots of vessels generally, so as to change certain provisions relating to the numbers of pilots for certain ports; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Senate substitute was read:

A BILL

To amend Title 52 of the Official Code of Georgia Annotated, relating to state waters, ports, and watercraft, so as to revise provisions relating to state waters and navigability;

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to change the number of pilots for certain ports and waters; to change certain provisions relating to removal and storage of vessels and procedures therefor; to change certain provisions relating to authority of peace officers to cause removal of unattended vessels and duties relative thereto; to provide for certain administrative actions against owners of vessels that have been removed and not redeemed; to provide for certain administrative actions against owners of vessels that have been left unattended in public waters or on public property; 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 52 of the Official Code of Georgia Annotated, relating to state waters, ports, and watercraft, is amended by revising Code Section 52-6-31, relating to numbers of pilots, as follows:
"52-6-31. The number of licensed pilots shall not exceed 17 21 for the port of Savannah, three for the port of Doboy and Darien, six eight for the port of Brunswick, two for the Great Satilla River, and two for the port of St. Marys."
SECTION 2. Said title is further amended by revising Code Section 52-7-71, relating to removal and storage of vessels and procedures therefor, as follows:
"52-7-71. (a) Any person who removes a vessel from public property or public water at the request of a law enforcement officer or stores such vessel shall, if the owner of the vessel is unknown, seek the identity of and address of the last known registered owner of such vessel from the law enforcement officer requesting removal of such vessel or such officer's agency within 72 hours of removal. (b) Any person who removes a vessel from private property or private waters at the request of the property owner or stores such vessel shall, if the owner of the vessel is unknown, notify in writing a local law enforcement agency of the location of the vessel, the vessel registration certificate of number, and the license hull identification number, model, year, and make of the vessel, if known or if readily ascertainable, within 72 hours of the removal of such vessel and shall seek from the local law enforcement agency the identity and address of the last known registered owner of such vessel and any information indicating that such vessel is a stolen vessel. (c) If any vessel removed under conditions set forth in subsection (a) or (b) of this Code section is determined to be a stolen vessel, the local law enforcement officer or agency shall notify the Georgia Crime Information Center and the owner, if known, of the location of such vessel within 72 hours after receiving notice that such vessel is a stolen vessel.

WEDNESDAY, APRIL 11, 2007

1981

(d) If any vessel removed under conditions set forth in subsection (a) or (b) of this Code section is determined not to be a stolen vessel or is not a vessel being repaired by a repair facility or is not being stored by an insurance company providing insurance to cover damages to the vessel, the person removing or storing such vessel shall, within seven calendar days of the day such vessel was removed, notify the owner, if known, by certified or registered mail or statutory overnight delivery of the location of such vessel, the fees connected with removal and storage of such vessel, and the fact that such vessel will be deemed abandoned under this article unless the owner redeems such vessel within 30 days of the day date such vessel was removed. (e) If the person identified as the owner fails to redeem such vessel as described in subsection (d) of this Code section, or if a vessel being repaired by a repair facility or being stored by an insurance company providing insurance to cover damages to the vessel becomes abandoned, the person removing or storing such vessel shall, within seven calendar days of the day such vessel became an abandoned vessel, give notice in writing, by sworn statement, to the Department of Natural Resources and the Georgia Bureau of Investigation, stating the vessel registration certificate of number, the license hull identification number, the fact that such vessel is an abandoned vessel, the model, year, and make of the vessel, if known or if readily ascertainable, the date the vessel became an abandoned vessel, the date the vessel was removed, and the present location of such vessel and requesting the name and address of all owners, lessors, lessees, security interest holders, and lienholders of such vessel. If a person removing or storing the vessel has knowledge of facts which reasonably indicate that the vessel is registered or titled in a certain other state, such person shall check the vessel records of that other state in the attempt to ascertain the identity of the owner of the vessel.
(e.1)(1)(A) Upon notice to the Department of Natural Resources as described in subsection (e) of this Code section, then the commissioner may revoke, suspend, deny, or refuse to renew any vessel certificate of number or commercial fishing boat license required by this title or Title 27 which is held by or has been applied for by the person, until all fees connected with removal and storage of the vessel have been paid and any lien acquired under Code Section 52-7-73 for such fees has been satisfied. The person shall be notified of the proposed order for revocation, suspension, denial, or nonrenewal personally or by a letter sent by certified mail or statutory overnight delivery to the name and address indicated on the application for the certificate of number or license, or both. The proposed order for revocation, suspension, denial, or nonrenewal shall become final 30 days after issuance if not appealed as provided in this paragraph. (B) Any person whose vessel certificate of number or commercial fishing boat license is proposed for revocation, suspension, denial, or nonrenewal under this paragraph 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 notice of the proposed order was sent. The person filing the appeal shall neither be required to post any bond nor to pay the costs in advance. If the person so

1982

JOURNAL OF THE HOUSE

desires, the appeal may be heard by the judge at term or in chambers or by a jury at the first term. The hearing on the appeal shall be de novo, but no appeal shall act as a supersedeas of any orders or acts of the department. (2)(A) Upon notice to the Department of Natural Resources as described in subsection (e) of this Code section and delivery of a copy of such notice to the state revenue commissioner, then the state revenue commissioner may revoke, suspend, deny, or refuse to renew any motor vehicle registration required by Title 40 which is held by or has been applied for by the person, until all fees connected with removal and storage of the vessel have been paid and any lien acquired under Code Section 52-7-73 for such fees has been satisfied. The person shall be notified of the proposed order for revocation, suspension, denial, or nonrenewal personally or by a letter sent by certified mail or statutory overnight delivery to the name and address indicated on the application for the registration. The proposed order for revocation, suspension, denial, or nonrenewal shall become final 30 days after issuance if not appealed as provided in this paragraph. (B) Any person whose motor vehicle registration is proposed for revocation, suspension, denial, or nonrenewal under this paragraph 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 state revenue commissioner as defendant and must be filed within 30 days from the date the notice of the proposed order was sent. The person filing the appeal shall neither be required to post any bond nor to pay the costs in advance. If the person so desires, the appeal may be heard by the judge at term or in chambers or by a jury at the first term. The hearing on the appeal shall be de novo, but no appeal shall act as a supersedeas of any orders or acts of the department. (f) Upon ascertaining the owner of such vessel, the person removing or storing such vessel shall, within five calendar days, by certified or registered mail or statutory overnight delivery, notify the owner, lessors, lessees, security interest holders, and lienholders of the vessel of the location of such vessel and of the fact that such vessel is deemed abandoned and shall be disposed of if not redeemed. (g) If the identity of the owner of such vessel cannot be ascertained, the person removing or storing such vessel shall place an advertisement in a newspaper of general circulation in the county where such vessel was obtained or, if there is no newspaper in such county, shall post such advertisement at the county courthouse in such place where other public notices are posted. Such advertisement shall run in the newspaper once a week for two consecutive weeks or shall remain posted at the courthouse for two consecutive weeks. The advertisement shall contain a complete description of the vessel, its license number and manufacturer's vessel identification numbers certificate of number and hull identification number, the location from where such vessel was initially removed, the present location of such vessel, and the fact that such vessel is deemed abandoned and shall be disposed of if not redeemed.

WEDNESDAY, APRIL 11, 2007

1983

(h) Information forwarded to the Georgia Bureau of Investigation as required by this Code section shall be placed by the bureau on the National Crime Information Center Network. (i) Any person storing a vessel under the provisions of this Code section shall notify the Department of Natural Resources and the Georgia Bureau of Investigation if the vessel is recovered, is claimed by the owner, is determined to be stolen, or is for any reason no longer an abandoned vessel. Such notice shall be provided within seven calendar days of such event. (j) If vessel information on the abandoned vessel is not in the files of the Department of Natural Resources, the department may require such other information or confirmation as it determines is necessary or appropriate to determine the identity of the vessel. (k) Any person who does not provide the notice and information required by this Code section shall not be entitled to any storage fees. (l) Any person who knowingly provides false or misleading information when providing any notice or information as required by this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor."
SECTION 3. Said title is further amended by revising Code Section 52-7-72, relating to authority of peace officers to cause removal of unattended vessels and duties relative thereto, as follows:
"52-7-72. (a) Any peace officer who finds a vessel which has been left unattended in or upon any public waters or other public property for a period of at least five days shall be authorized to cause such vessel to be removed to a garage or other place of safety, if such peace officer reasonably believes that the person who left such vessel unattended does not intend to return and remove such vessel, shall notify the Department of Natural Resources of such finding in accordance with subsection (d) of this Code section and may cause such vessel to be removed to a garage or other place of safety. (b) Any peace officer who finds a vessel which has been left unattended in or upon any public waters or other public property shall be authorized immediately to cause such vessel to be removed to a garage or other place of safety, when such vessel poses a threat to public health or safety, shall notify the Department of Natural Resources of such finding in accordance with subsection (d) of this Code section and may immediately cause such vessel to be removed to a garage or other place of safety. (c) Any peace officer who, under the provisions of this Code section, causes any vessel to be removed to a garage or other place of safety shall be liable for gross negligence only.
(d)(1) Any peace officer or the law enforcement agency which causes a vessel to be removed to a garage or other place of safety or which is notified of the removal of a vessel from private waters or private property who finds a vessel under such

1984

JOURNAL OF THE HOUSE

conditions as described in subsection (a) or (b) of this Code section shall within 72 hours from the time of removal or notice and if the owner is unknown such finding:
(A) Notify the Department of Natural Resources and the Georgia Crime Information Center of the description of the vessel, whether the vessel has been removed or not, and, if removed, the location to which such vessel has been removed; and (B) If available on the Georgia Crime Information Center Network, determine the name and address of the last known registered owner of such vessel. If vessel information is not in the files of the Department of Natural Resources, the department may require such other information or confirmation as it determines is necessary or appropriate to determine the identity of the vessel. (2) If any such vessel is determined to be a stolen vessel, the local law enforcement officer or agency shall notify the Georgia Crime Information Center and the owner, if known, of the location of such vessel within 72 hours after receiving notice that such vessel is a stolen vessel. (2)(3) If the vessel is removed and the name and address of the last known registered owner of the vessel is obtained from the Georgia Crime Information Center, the peace officer who causes the vessel to be removed shall, within three calendar days of removal, make available to the person removing such vessel the name and address of the last known registered owner of such vessel. If such information is not available, the peace officer shall, within three calendar days of removal, notify the person removing or storing such vessel of such fact."
SECTION 4. Said title is further amended by adding a new Code section to read as follows:
"52-7-72.1. (a)(1) If any vessel for which the Department of Natural Resources and the Georgia Crime Information Center have received notice pursuant to subsection (d) of Code Section 52-7-72 has not been removed and is determined not to be a stolen vessel, the commissioner may proceed to take action against the owner as provided by this Code section. (2) If any vessel for which the Department of Natural Resources and the Georgia Crime Information Center have received notice pursuant to subsection (d) of Code Section 52-7-72 has been removed, the provisions of this Code section shall not apply and the provisions of Code Section 52-7-71 shall apply instead. (b)(1)(A) Upon notice to the Department of Natural Resources as described in subsection (d) of Code Section 52-7-72, then the commissioner may revoke, suspend, deny, or refuse to renew any vessel certificate of number or commercial fishing boat license required by this title or Title 27 which is held by or has been applied for by a person who owns the vessel, until the owner restores and resumes operation of the vessel or removes it from public waters or public property. The person shall be notified of the proposed order for revocation, suspension, denial, or nonrenewal personally or by a letter sent by certified mail or statutory overnight

WEDNESDAY, APRIL 11, 2007

1985

delivery to the name and address indicated on the application for the certificate of number or license, or both. The proposed order for revocation, suspension, denial, or nonrenewal shall become final 30 days after issuance if not appealed as provided in this paragraph. (B) Any person whose vessel certificate of number or commercial fishing boat license is proposed for revocation, suspension, denial, or nonrenewal under this paragraph 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 notice of the proposed order was sent. The person filing the appeal shall neither be required to post any bond nor to pay the costs in advance. If the person so desires, the appeal may be heard by the judge at term or in chambers or by a jury at the first term. The hearing on the appeal shall be de novo, but no appeal shall act as a supersedeas of any orders or acts of the department. (2)(A) Upon notice to the Department of Natural Resources as described in subsection (d) of Code Section 52-7-72 and delivery of a copy of such notice to the state revenue commissioner, then the state revenue commissioner may revoke, suspend, deny, or refuse to renew any motor vehicle registration required by Title 40 which is held by or has been applied for by a person who owns the vessel, until the owner restores and resumes operation of the vessel or removes it from public waters or public property. The person shall be notified of the proposed order for revocation, suspension, denial, or nonrenewal personally or by a letter sent by certified mail or statutory overnight delivery to the name and address indicated on the application for the registration. The proposed order for revocation, suspension, denial, or nonrenewal shall become final 30 days after issuance if not appealed as provided in this paragraph. (B) Any person whose motor vehicle registration is proposed for revocation, suspension, denial, or nonrenewal under this paragraph 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 state revenue commissioner as defendant and must be filed within 30 days from the date the notice of the proposed order was sent. The person filing the appeal shall neither be required to post any bond nor to pay the costs in advance. If the person so desires, the appeal may be heard by the judge at term or in chambers or by a jury at the first term. The hearing on the appeal shall be de novo, but no appeal shall act as a supersedeas of any orders or acts of the department."
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.

1986

JOURNAL OF THE HOUSE

Representative Stephens of the 164th moved that the House agree to the Senate substitute to HB 132.

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

Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan
Cole Coleman Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S E Day

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton
Hanner 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 E Houston Y Howard E Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J E Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox N Lakly Y Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Martin Y Maxwell N May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy E Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston
Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders E Sailor Y Scott, A

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

On the motion, the ayes were 151, nays 4.

The motion prevailed.

Representative Talton of the 145th 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:

WEDNESDAY, APRIL 11, 2007

1987

HR 756. By Representative Mangham of the 94th:
A RESOLUTION commending Coach Sharman White; and for other purposes.
HR 759. By Representatives Lakly of the 72nd and Yates of the 73rd:
A RESOLUTION recognizing and commending American Legion Post 105 on the occasion of its 80th anniversary; and for other purposes.
HR 760. By Representative Mangham of the 94th:
A RESOLUTION commending the contributions of members of the clergy in Georgia and recognizing the sixth annual Clergy Day at the Georgia State Capitol; and for other purposes.
HR 761. By Representative Jenkins of the 8th:
A RESOLUTION commending the Blairsville Scottish Festival and Highland Games; and for other purposes.
HR 762. By Representative Hill of the 21st:
A RESOLUTION commending John Hall Absher Jr., on attaining the rank of Eagle Scout; and for other purposes.
HR 763. By Representative Hill of the 21st:
A RESOLUTION commending Jacob Knieriem; and for other purposes.
HR 764. By Representative Davis of the 109th:
A RESOLUTION commending and congratulating Cairrington Banks for winning his fourth state wrestling championship; and for other purposes.
HR 765. By Representatives Mitchell of the 88th and Morgan of the 39th:
A RESOLUTION recognizing and commending Caribbean Americans on the occasion of Caribbean American Heritage Month; and for other purposes.
HR 766. By Representative Coleman of the 97th:
A RESOLUTION commending Hardin Watkins; and for other purposes.

1988

JOURNAL OF THE HOUSE

HR 767. By Representatives Williams of the 165th, Hugley of the 133rd, Watson of the 91st, Mosby of the 90th, James of the 135th and others:
A RESOLUTION honoring and remembering the life of Bishop G.E. Patterson; and for other purposes.
HR 768. By Representative McCall of the 30th:
A RESOLUTION commending Sammie Elizabeth Williams upon her being named the state winner of the 2007 National Ag Day Essay Contest; and for other purposes.
HR 769. By Representative Mangham of the 94th:
A RESOLUTION commending entrepreneur and author Doreen Carter; and for other purposes.
HR 770. By Representative Mangham of the 94th:
A RESOLUTION commending Sunday Douglass, the 2006 - 2007 Rock Chapel Elementary School Teacher of the Year; and for other purposes.
HR 771. By Representative Mangham of the 94th:
A RESOLUTION commending Chrystele McKandes, the 2006 - 2007 Pine Street Elementary School Teacher of the Year; and for other purposes.
HR 772. By Representative Mangham of the 94th:
A RESOLUTION commending Carlos Jones, the 2006 - 2007 Stephenson Middle School Teacher of the Year; and for other purposes.
HR 773. By Representative Mangham of the 94th:
A RESOLUTION commending Dr. Hamilton Collins, the 2006 - 2007 Lithonia Middle School Teacher of the Year; and for other purposes.
HR 774. By Representative Mangham of the 94th:
A RESOLUTION commending Wendy Thomas, the 2006 - 2007 Hicks Elementary School Teacher of the Year; and for other purposes.

WEDNESDAY, APRIL 11, 2007

1989

HR 775. By Representative Mangham of the 94th:
A RESOLUTION commending Andrea Nelson, the 2006 - 2007 Conyers Middle School Teacher of the Year and the 2006 - 2007 Rockdale County Public Schools Teacher of the Year; and for other purposes.
HR 776. By Representative Mangham of the 94th:
A RESOLUTION commending Vincent Conklin, the 2006 - 2007 Stoneview Elementary High School Teacher of the Year; and for other purposes.
HR 777. By Representative Mangham of the 94th:
A RESOLUTION commending Antonio Mattax, the 2006 - 2007 Lithonia High School Teacher of the Year; and for other purposes.
HR 778. By Representative Mangham of the 94th:
A RESOLUTION commending Ellen Jones, the 2006 - 2007 Wynbrooke Elementary School Teacher of the Year; and for other purposes.
HR 779. By Representative Mangham of the 94th:
A RESOLUTION commending Lena Lewis, the 2006 - 2007 Murphey Candler Elementary School Teacher of the Year; and for other purposes.
HR 780. By Representative Lane of the 167th:
A RESOLUTION commending the McIntosh County Public Schools Golden Rule Award Winners 2006-2007; and for other purposes.
HR 781. By Representative Cox of the 102nd:
A RESOLUTION congratulating Mrs. Clara Mae Flowers on the occasion of her 100th birthday; and for other purposes.
HR 782. By Representatives Jamieson of the 28th and Benton of the 31st:
A RESOLUTION commending Sarah Carlan; and for other purposes.
HR 783. By Representatives Glanton of the 76th, Johnson of the 75th and Starr of the 78th:

1990

JOURNAL OF THE HOUSE

A RESOLUTION commending the Clayton State University Lakers men's basketball team; and for other purposes.
HR 784. By Representative Ralston of the 7th:
A RESOLUTION commending Sandra H. Mercier; and for other purposes.
HR 785. By Representatives Heard of the 114th, McKillip of the 115th and Smith of the 113th:
A RESOLUTION honoring and remembering the life of educator Haward Burnette Stroud; and for other purposes.
HR 786. By Representative Brooks of the 63rd:
A RESOLUTION expressing regret at the passing of Ms. Yvonne IngramEphrain; and for other purposes.
HR 787. By Representative Brooks of the 63rd:
A RESOLUTION expressing regret at the passing of Ms. Yvonne IngramEphrain; and for other purposes.
HR 788. By Representatives Bruce of the 64th, Epps of the 128th, Brooks of the 63rd, Abrams of the 84th, Beasley-Teague of the 65th and others:
A RESOLUTION commending Dr. Walter E. Massey on the occasion of his retirement as president of Morehouse College; and for other purposes.
HR 789. By Representatives Oliver of the 83rd, Jamieson of the 28th and Carter of the 159th:
A RESOLUTION recognizing and commending Anthony L. Reeves; and for other purposes.
Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

WEDNESDAY, APRIL 11, 2007

1991

SB 9 SB 168 SB 170

Do Pass, by Substitute Do Pass Do Pass

Respectfully submitted, /s/ Coleman of the 97th
Chairman

Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, A.M., Friday, April 13, 2007, 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., Friday, April 13, 2007.

1992

JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia

Friday, April 13, 2007

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 Abrams Amerson Ashe Barnard Bearden E Beasley-Teague Benton Black Bridges Brooks Bruce Bryant Buckner Burns Butler Byrd Carter, A Carter, B Chambers Cheokas Coleman Collins Cox E Crawford, M Crawford, R Davis, H

Davis, S E Day
Dempsey Dickson Drenner Ehrhart England Everson Fleming Floyd, J Fludd E Forster Franklin Frazier E Freeman Gardner Geisinger Glanton Gordon Graves Greene Hamilton Hanner Harbin Hatfield Heard, J Heard, K

Hembree E Henson
Hill, C Hill, C.A Holt E Horne Howard Hudson Hugley James Jamieson Jenkins Jerguson Johnson, C Jones, J E Jones, S Kaiser Keen Keown Knight Lakly Lane, B Lane, R Levitas Lewis Lindsey Lord

Maddox E Manning
Martin Maxwell E McCall McKillip Millar Mitchell E Morgan Morris Mosby Mumford Murphy Neal Nix Oliver O'Neal Parham Parsons Peake Pruett Ralston Randall Reece Rice Roberts Rogers

Royal Rynders E Sailor Scott, A Scott, M Sellier Setzler Shaw Sheldon Sims, B Smith, B Smith, L Smith, R Smith, T Smith, V Starr E Stephenson Talton Teilhet Tumlin Wilkinson Williams, E Williams, M E Williams, R E Wix Yates Richardson, Speaker

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

Representatives Benfield of the 85th, Casas of the 103rd, Channell of the 116th, Dollar of the 45th, Epps of the 128th, Floyd of the 99th, Houston of the 170th, Jacobs of the 80th, Johnson of the 37th, Jordan of the 77th, Knox of the 24th, Loudermilk of the 14th, Lucas of the 139th, Lunsford of the 110th, Mangham of the 94th, Marin of the 96th, May of the 111th, Meadows of the 5th, Mills of the 25th, Parrish of the 156th, Porter of the 143rd, Powell of the 29th, Reese of the 98th, Shipp of the 58th, Sims of the 151st, Sims of the 169th, Sinkfield of the 60th, Stephens of the 164th, Thomas of the 55th, Walker of the 107th, Willard of the 49th, and Williams of the 165th.

FRIDAY, APRIL 13, 2007

1993

They wish to be recorded as present.
Prayer was offered by Pastor Tim McCoy, Ingleside Baptist Church, Macon, Georgia.
The members pledged allegiance to the flag.
Representative Lakly of the 72nd, 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 827. By Representative Graves of the 12th:
A BILL to be entitled an Act to amend an Act establishing the board of elections and registration for Pickens County, approved April 13, 2001 (Ga. L. 2001, p. 3598), so as to change provisions relating to the terms of office and composition of its members; to change provisions relating to meetings of the board; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

1994

JOURNAL OF THE HOUSE

HB 828. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to provide that Banks County shall be located within the North Georgia Technical College service delivery area; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 829. By Representatives Thomas of the 100th, Drenner of the 86th, Buckner of the 130th and Porter of the 143rd:
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 promote the development of renewable energy and energy efficiency in this state by implementing renewable energy and energy efficiency portfolio standards for electric suppliers; to define certain terms; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
HB 830. By Representatives Reese of the 98th and Mills of the 25th:
A BILL to be entitled an Act to authorize the City of Buford 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 Intragovernmental Coordination - Local.
HB 831. By Representative Setzler of the 35th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of state income taxes, so as to provide for an income tax credit with respect to qualified donations for construction of or capital improvements for charter schools; to provide for a short title; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner and the State Board of Education with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

FRIDAY, APRIL 13, 2007

1995

Referred to the Committee on Ways & Means.
HB 832. By Representatives Setzler of the 35th, Ralston of the 7th, Everson of the 106th and Mumford of the 95th:
A BILL to be entitled an Act to amend Part 8 of Article 1 of Chapter 11 of Title 15 and Article 1 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to access to records and hearings and general provisions of arrest of persons, respectively, so as to require certain courts to notify school superintendents of certain information 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 833. By Representatives Sheldon of the 105th, Stephens of the 164th, Butler of the 18th, Maxwell of the 17th and Cox of the 102nd:
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 require the establishment of a career track program to recruit and retain nurses in the public health system; to provide for an implementation date; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 834. By Representatives Knox of the 24th, Hamilton of the 23rd, and Amerson of the 9th:
A BILL to be entitled an Act to amend the Forsyth County Civil Service System Act creating the Forsyth County Civil Service System, approved March 13, 1978 (Ga. L. 1978, p. 3572), as amended, particularly by an Ordinance and Resolution adopted by the Board of Commissioners of Forsyth County December 9, 1996 (Ga. L. 1997, p. 4701), so as to exempt employees of the Probate Court of Forsyth County and Forsyth County PreTrial Services from the application of the Forsyth County Civil Service System; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

1996

JOURNAL OF THE HOUSE

HB 835. By Representative James of the 135th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Fort Valley, approved August 22, 1907 (Ga. L. 1907, p. 651), as amended, particularly by an Act approved March 1, 2000 (Ga. L. 2000, p. 3511), so as to change the corporate limits of the City of Fort Valley by annexing certain territory into the city; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HR 758. By Representatives Murphy of the 120th, Buckner of the 130th and Jamieson of the 28th:
A RESOLUTION urging the Georgia Board of Nursing to investigate and consider a method by which those who have been licensed practical nurses for 15 or more years may become registered professional nurses upon the waiver of certain requirements as a measure to reduce the nursing shortage in Georgia; and for other purposes.
Referred to the Committee on Health & Human Services.
HR 790. By Representatives Maddox of the 172nd, Cooper of the 41st, Carter of the 159th, Sims of the 119th and Cheokas of the 134th:
A RESOLUTION creating the House Study Committee on Chronic Kidney Disease; 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 and Resolution of the House could be introduced, read the first time and referred to the Committees:
HB 847. 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.

FRIDAY, APRIL 13, 2007

1997

Referred to the Committee on Intragovernmental Coordination - Local.

HB 848. By Representative Sellier of the 136th:

A BILL to be entitled an Act to amend an Act providing a new charter for the City of Byron, approved February 13, 1941 (Ga. L. 1941, p. 1210), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3770), so as to change the corporate limits of the City of Byron; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Intragovernmental Coordination - Local.

HR 826. By Representatives Dollar of the 45th, Cooper of the 41st, Hudson of the 124th, Lunsford of the 110th and Stephenson of the 92nd:

A RESOLUTION creating a House Study Committee on Trans Fat Alternatives for the Georgia Food Industry; and for other purposes.

Referred to the Committee on Rules.

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

HB 809 HB 810 HB 811 HB 812 HB 813 HB 814 HB 815 HB 816 HB 817 HB 818

HB 819 HB 820 HB 821 HB 822 HB 823 HB 824 HB 825 HB 826 HR 757

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:

1998

JOURNAL OF THE HOUSE

SB 84 Do Pass SB 165 Do Pass

SB 220 Do Pass SB 275 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 of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 95 Do Pass, by Substitute SB 172 Do Pass

Respectfully submitted, /s/ Harbin of the 118th
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 Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HR 663 HR 721 SB 57

Do Pass Do Pass Do Pass

SB 204 SB 222 SR 30

Do Pass Do Pass Do Pass

Respectfully submitted, /s/ Cooper of the 41st
Chairman

Representative Coan of the 101st District, Chairman of the Committee on Industrial Relations, submitted the following report:

FRIDAY, APRIL 13, 2007

1999

Mr. Speaker:

Your Committee on Industrial Relations 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 427 HR 666 SB 49 SB 96

Do Pass Do Pass Do Pass Do Pass

SB 131 SB 239 SB 246

Do Pass Do Pass, by Substitute Do Pass

Respectfully submitted, /s/ Coan of the 101st
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 225 Do Pass, by Substitute SB 298 Do Pass

Respectfully submitted, /s/ Rynders of the 152nd
Chairman

Representative Rynders of the 152nd District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

Your Committee on Intragovernmental Coordination - 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 799 HB 801 HB 803 HB 804

Do Pass Do Pass Do Pass Do Pass

HB 805 HB 806 HB 807 HB 808

Do Pass Do Pass Do Pass Do Pass

2000

JOURNAL OF THE HOUSE

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:

Your Committee on Judiciary 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 14 SB 15 SB 113 SB 128

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

SB 177 SB 188 SB 212 SR 246

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

Respectfully submitted, /s/ Willard of the 49th
Chairman

Representative Ralston of the 7th District, Chairman of the Committee on Judiciary Non-Civil, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary Non-Civil has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 34 SB 91 SB 106 SB 135 SB 145 SB 182

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

SB 205 SB 223 SB 236 SB 238 SB 276

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

Respectfully submitted, /s/ Ralston of the 7th
Chairman

FRIDAY, APRIL 13, 2007

2001

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 5 SB 77 SB 251

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

Respectfully submitted, /s/ Rice of the 51st
Chairman

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

Mr. Speaker:

Your Committee on Natural Resources and Environment has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 157 Do Pass, by Substitute SB 226 Do Pass

Respectfully submitted, /s/ Smith of the 70th
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 Senate and has instructed me to report the same back to the House with the following recommendations:

2002

JOURNAL OF THE HOUSE

SB 114 SB 115 SB 237

Do Pass, by Substitute Do Pass, by Substitute 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:

HR 621 Do Pass
Representative Barnard of the 166th District, Chairman of the Committee on State Institutions and Property, submitted the following report:

Mr. Speaker:

Your Committee on State Institutions and Property has had under consideration the following Bills and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 48 SB 120 SB 146

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

SB 210 Do Pass SR 68 Do Pass

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 Senate and has instructed me to report the same back to the House with the following recommendations:

SB 184 SB 185 SR 139

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

FRIDAY, APRIL 13, 2007

2003

Respectfully submitted, /s/ O'Neal of the 146th
Chairman

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

HOUSE RULES CALENDAR FRIDAY, APRIL 13, 2007

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 36th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

SB 224

Motor Vehicles; commercial vehicle and fleet policy; change the definition (Substitute)(Ins-Knox-24th) Hudgens-47th

Modified Open Rule

None

Modified Structured Rule

None

Structured Rule

None

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

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

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

2004

JOURNAL OF THE HOUSE

HB 799. By Representatives Lane of the 158th, Parrish of the 156th and Burns of the 157th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Statesboro, approved March 26, 1987 (Ga. L. 1987, p. 4557), as amended, so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 801. By Representatives Ralston of the 7th, Meadows of the 5th, Dickson of the 6th and Graves of the 12th:
A BILL to be entitled an Act to create the Coosawattee Regional Water and Sewerage Authority; to provide for legislative intent; to provide for definitions; to provide for a board; to provide for certain powers; to provide for the limitation of certain powers; to provide for certain services to members of the water and sewerage authority; to require bonds from contractors; to provide certain requirements regarding contracts with the water and sewerage authority; to authorize the issuance of revenue bonds; to provide for the forms, denominations, registration, and placement of bonds; to require signature and seal on all bonds; to provide for the negotiability of bonds; to provide for certain exemptions from taxation; to provide for the sale and price of bonds; to provide for certain requirements for the proceeds of bonds; to provide for interest receipts and certificates or temporary bonds; to provide for the replacement of lost or damaged bonds; to provide for certain requirements prior to issuing bonds; 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 803. By Representative Reese of the 98th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Sugar Hill, approved May 14, 2003 (Ga. L. 2003, p. 3546), as amended, so as to change the corporate limits of the city; 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.

FRIDAY, APRIL 13, 2007

2005

HB 804. By Representatives Greene of the 149th, Royal of the 171st and Dukes of the 150th:
A BILL to be entitled an Act to create the South Georgia Regional Information Technology Authority, so as to provide for communication systems projects in Baker, Calhoun, Early, Miller, and Mitchell 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 bondholder remedies and interests, refunding bonds, venue and jurisdiction, and bond validation; 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 805. By Representative Maxwell of the 17th:
A BILL to be entitled an Act to provide a new charter for the City of Buchanan; 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, conflicts of interest, suspension, 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; to provide for the office of mayor and mayor pro tempore and certain duties and powers relative thereto; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, and other personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for severability; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

2006

JOURNAL OF THE HOUSE

HB 806. By Representatives Hatfield of the 177th and Williams of the 178th:

A BILL to be entitled an Act to amend an Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, so as to change the corporate limits of such city; 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 807. By Representatives England of the 108th and Sheldon of the 105th:

A BILL to be entitled an Act to amend an Act creating a new charter for the City of Auburn, approved February 17, 1949 (Ga. L. 1949, p. 807), as amended, particularly by an Act approved April 19, 1989 (Ga. L. 1989, p. 5011), so as to provide that certain areas shall not be included as part of the City of Auburn; to provide for submission; to 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 808. By Representative Hanner of the 148th:

A BILL to be entitled an Act to amend an Act creating a new charter for Georgetown-Quitman County (formerly City of Georgetown and Quitman County), approved by referendum November 7, 2006, so as to change provisions relating to the conflict of laws; 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden

Y Dempsey Y Dickson
Dollar Y Drenner Y Dukes Y Ehrhart

Y Holt E Horne Y Houston Y Howard Y Hudson Y Hugley

Y Martin Y Maxwell
May E McCall Y McKillip
Meadows

Y Scott, M Y Sellier Y Setzler
Shaw Sheldon Shipp

FRIDAY, APRIL 13, 2007

2007

E Beasley-Teague Benfield
Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox E Crawford, M Y Crawford, R Y Davis, H Y Davis, S E Day

Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd E Forster
Franklin Y Frazier E Freeman Y Gardner Y Geisinger Y Glanton
Golick Y Gordon Y Graves Y Greene Y Hamilton
Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree E Henson Y Hill, C
Hill, C.A Holmes

Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C
Johnson, T Y Jones, J E Jones, S Y Jordan Y Kaiser Y Keen Y Keown
Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord
Loudermilk Lucas Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy
Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake
Porter Y Powell Y Pruett Y Ralston
Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders E Sailor Y Scott, A

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

On the passage of the Bills, the ayes were 130, nays 0.

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

Representative Hanner of the 148th 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 Johnson of the 37th was not recorded 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 passed by the requisite constitutional majority the following bills of the House:

2008

JOURNAL OF THE HOUSE

HB 101. By Representatives Houston of the 170th, McCall of the 30th, England of the 108th, Roberts of the 154th and Maddox of the 172nd:
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 that are not subject to disclosure, so as to provide that agricultural or food system records, data, or information that are considered a part of the critical infrastructure shall not be subject to disclosure; to provide that records, data, or information collected, recorded, or otherwise obtained for the purposes of the national animal identification system shall not be subject to disclosure; to provide for exceptions; to provide definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 191. By Representatives Royal of the 171st, Rynders of the 152nd and Houston of the 170th:
A BILL to be entitled an Act to amend an Act relating to the Board of Education of Colquitt County, approved March 12, 1970 (Ga. L. 1970, p. 2582), as amended, so as to provide for the election of members of the Board of Education of Colquitt County in nonpartisan elections; to provide for applicability; 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 202. By Representatives Harbin of the 118th, Fleming of the 117th and Sims of the 119th:
A BILL to be entitled an Act to amend Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for public works, 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.
HB 220. By Representatives Day of the 163rd and Forster of the 3rd:
A BILL to be entitled an Act to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to repeal Chapter

FRIDAY, APRIL 13, 2007

2009

8, relating to the Georgia Criminal Justice Improvement Council; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 231. By Representatives Smith of the 129th, Ralston of the 7th, Rogers of the 26th, Graves of the 12th and Floyd of the 147th:
A BILL to be entitled an Act 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 provide that, in the removal of vehicles or obstructions from roadways where there is determined to be a threat to public health or safety or to mitigate traffic congestion, where towing services are so ordered to remove such obstructions such companies shall be guilty for instances of gross negligence only; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 349. By Representatives Royal of the 171st, Rynders of the 152nd and Houston of the 170th:
A BILL to be entitled an Act to amend an Act creating the State Court of Colquitt County (originally the City Court of Colquitt County and established as the Civil and Criminal Court of Colquitt County by Ga. L. 1968, p. 2139), approved August 7, 1931 (Ga. L. 1931, p. 293), 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 construction and for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 441. By Representatives Floyd of the 147th, Mills of the 25th, Parrish of the 156th, Royal of the 171st and Knight of the 126th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition and computation of income taxes, so as to revise provisions relative to adjustment of taxable income with respect to income from federal obligations and certain other obligations; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
HB 511. By Representatives Meadows of the 5th and Graves of the 12th:
A BILL to be entitled an Act to amend an Act providing for the office of commissioner of Gordon County, approved March 21, 1974 (Ga. L. 1974, p. 2522), as amended, particularly by an Act providing for a board of commissioners of Gordon County, approved March 13, 1975 (Ga. L. 1975, p.

2010

JOURNAL OF THE HOUSE

2719), and an Act approved March 12, 1984 (Ga. L. 1984, p. 3897), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current board members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
HB 533. By Representatives Reese of the 98th, Cox of the 102nd, Everson of the 106th, Coleman of the 97th, Walker of the 107th and others:
A BILL to be entitled an Act to amend an Act authorizing Gwinnett County and the governing authority thereof to appoint a Merit System Board, approved April 18, 1969 (Ga. L. 1969, p. 3051), as amended, so as to comprehensively revise and restate such Act; to provide a short title; to provide definitions; to establish the Merit System Board and provide for its membership, qualifications, terms of office, compensation, removal, powers, duties, and responsibilities; to provide for meetings; to provide for officers and their duties; to provide for unclassified positions; to provide for certain hiring preferences; to prohibit certain activities by classified employees; to provide penalties for violations; to provide for oaths; to provide for severability; to repeal conflicting laws; and for other purposes.
HB 697. By Representatives Benton of the 31st and McCall of the 30th:
A BILL to be entitled an Act to amend an Act entitled "An Act to create a board of county commissioners for the county of Jackson," approved December 18, 1901 (Ga. L. 1901, p. 257), as amended, particularly by an Act approved March 16, 1999 (Ga. L. 1999, p. 3570), so as to change voting by the chairperson; to repeal conflicting laws; and for other purposes.
HB 700. By Representatives Williams of the 89th, Millar of the 79th, Benfield of the 85th, Oliver of the 83rd, Levitas of the 82nd 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 provide an exemption for certain constitutional officers regarding the Chief Executive's authority to enforce certain provisions regarding the county budget; to establish rules and regulate purchasing; to provide for an effective date; to repeal conflicting laws; and for other purposes.

FRIDAY, APRIL 13, 2007

2011

HB 702. By Representative Henson of the 87th:
A BILL to be entitled an Act to authorize the City of Pine Lake 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 723. By Representative Hatfield of the 177th:
A BILL to be entitled an Act to amend an Act providing for the election of the members of the board of education for Charlton County, approved April 17, 1975 (Ga. L. 1975, p. 3952), as amended, so as to change provisions relating to board of education districts; to provide for members currently serving; to provide for submission of this Act to the United States Department of Justice; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 724. By Representative Hatfield of the 177th:
A BILL to be entitled an Act to amend an Act creating the board of commissioners for Charlton County, approved August 4, 1927 (Ga. L. 1927, p. 529), as amended, so as to change provisions relating to commissioner districts; to provide for members currently serving; to provide for submission of this Act to the United States Department of Justice; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 727. By Representative Jenkins of the 8th:
A BILL to be entitled an Act to provide for a homestead exemption from Towns 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 allow such exemption to continue to be received by an unremarried surviving spouse or the child, children, grandchild, or grandchildren of the deceased spouse; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

2012

JOURNAL OF THE HOUSE

HB 728. By Representatives Burns of the 157th and Carter of the 159th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners for the County of Effingham, approved July 26, 1921 (Ga. L. 1921, p. 466), as amended, so as to provide that the governing authority of Effingham County shall consist of six commissioners; to provide for the qualifications, elections, terms of office, and service of the members of the board; to provide for the filling of vacancies; to provide for the election and service of a chairperson of the board; to provide for a vice chairperson of the board; to provide for the submission of this Act to the United States Department of Justice for approval; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 736. By Representative Smith of the 113th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Winterville (formerly Town of Winterville), approved March 4, 1955 (Ga. L. 1955, p. 2794), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3753) and an Act approved January 13, 1983 (Ga. L. 1983, p. 3707), so as to change provisions relating to vacancies; to provide for changes to boards, commissions, and authorities; to provide for changes to the chief judge and associate judge of the municipal court; to provide for the convening of municipal court; to provide for certiorari; to provide for rules of court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 743. 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), and by an Act approved May 5, 2006 (Ga. L. 2006, p. 4216), so as to revise the manner of selection of the members of the authority; to provide that persons voting shall use their account numbers instead of social security numbers; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 755. By Representatives Heckstall of the 62nd and Holmes of the 61st:
A BILL to be entitled an Act to provide a new charter for the City of East Point; to provide for reincorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties,

FRIDAY, APRIL 13, 2007

2013

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 provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 756. By Representative Smith of the 168th:
A BILL to be entitled an Act to amend an Act entitled "An Act providing for the election of the board of education of Bacon County, approved February 20, 1976 (Ga. L. 1976, p. 2713), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4823), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for 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 758. 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 change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to revise vacancy provisions; to revise vice chairperson provisions; to revise recall provisions; to revise quorum provisions; to revise extra sessions or special meetings provisions; to revise provisions relating to the clerk and assistant clerk; to provide for returns to the governing authority; to repeal certain tax requirements; to change provisions relating to the budget; to repeal certain provisions relating to quarterly publishing of the balance sheet and operating statement; to provide for annual update of all county property; to clarify the purchasing policy; to revise public improvement provisions to reference general law; to provide for submission and 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:

2014

JOURNAL OF THE HOUSE

HB 90. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Code Section 43-18-70 of the Official Code of Georgia Annotated, relating to practice at a licensed funeral establishment or crematory, so as to provide that a funeral establishment shall have an adequate stock of funeral caskets on the premises; to provide that the display room may contain actual caskets or may contain models, mock-ups, or sections of caskets or similar items if such caskets are readily available and in stock for purchase at the establishment or can be delivered within 24 hours; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 147. By Representatives Mills of the 25th, Sheldon of the 105th, Fleming of the 117th, Coan of the 101st, Ralston of the 7th and others:
A BILL to be entitled an Act to provide a short title; to provide for legislative findings and purpose; to amend Chapter 9A of Title 31 of the O.C.G.A., relating to the "Woman's Right to Know Act," so as to require physicians or other qualified agents to require that pregnant females undergo an ultrasound or sonogram prior to having an abortion; to change certain provisions relating to voluntary and informed consent to abortions; to require certain information be made available by the Department of Human Resources; to change certain provisions relating to reporting requirements; to provide for civil causes of action; to amend Article 5 of Chapter 12 of Title 16 of the O.C.G.A., relating to abortion, to provide for criminal penalties for failure to comply with the "Woman's Right to Know Act"; to provide for construction; to provide for intervention; to provide for severability; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 153. By Representatives Loudermilk of the 14th, Oliver of the 83rd, Lewis of the 15th, Franklin of the 43rd, Setzler of the 35th and others:
A BILL to be entitled an Act to amend Part 6 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the deprivation of juveniles, so as to provide certain requirements when placing children with the Division of Family and Children Services; to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to provide new definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 270. By Representatives Ralston of the 7th, Benton of the 31st, Oliver of the 83rd, Carter of the 159th, Fleming of the 117th and others:

FRIDAY, APRIL 13, 2007

2015

A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 11 of Title 15 of the O.C.G.A., relating to general provisions in juvenile proceedings, so as to change provisions relating to the appointment of a guardian ad litem; to provide for definitions; to change provisions relating to a court appointed special advocate including appointment, training, role, and responsibilities; to provide for notice of juvenile court proceedings to a court appointed special advocate; to provide for a court appointed special advocate's access to records; to provide for confidentiality of certain information; to provide for immunity for a court appointed special advocate; to provide for removal of a court appointed special advocate; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 784. By Representatives Jordan of the 77th, Abdul-Salaam of the 74th, Johnson of the 75th, Starr of the 78th and Sinkfield of the 60th:
A BILL to be entitled an Act to authorize the City of Riverdale 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 Senate has passed as amended, by the requisite constitutional majority, the following bills of the House:
HB 79. By Representatives Forster of the 3rd, Hill of the 21st, Rice of the 51st, Day of the 163rd, Talton of the 145th 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 the prohibition against affixing materials which reduce light transmission through windows or windshields of motor vehicles, so as to provide exemptions for certain vehicles; to provide that certain violations shall be charged as secondary offenses only; to provide punishments for certain violations; to repeal conflicting laws; and for other purposes.
HB 757. 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 provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of its members; to provide for the qualification, terms, and

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removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and 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 officers 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 for effective dates; to repeal conflicting laws; and for other purposes.
The following members were recognized during the period of Morning Orders and addressed the House:
Cox of the 102nd, Benton of the 31st, and Black of the 174th.
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 621. By Representatives Rogers of the 26th, Collins of the 27th, Mills of the 25th and Benton of the 31st:
A RESOLUTION recognizing and commending the East Hall High School Vikings girls basketball team and inviting them 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 has passed as amended, by the requisite constitutional majority, the following bill of the House:
HB 282. By Representatives Stephens of the 164th, Martin of the 47th, Keen of the 179th, Carter of the 159th and Murphy of the 120th:
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 engines, parts, equipment, or other tangible personal property used in the maintenance or repair of certain aircraft; to provide an effective date; to repeal conflicting laws; and for other purposes.

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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 17. By Senators Harp of the 29th, Unterman of the 45th, Hooks of the 14th, Mullis of the 53rd, Harbison of the 15th and others:

A BILL to be entitled an Act to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to authorize certain optometrists to prescribe and administer oral and topical pharmaceutical agents related to the diagnosis or treatment of diseases and conditions of the eye and adnexa oculi except Schedule I and Schedule II controlled substances; to provide for statutory 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: Carter of the 13th, Harp of the 29th, and Thomas of the 54th.

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 10 SB 72

Do Pass, by Substitute Do Pass, by Substitute

SB 122 Do Pass SB 123 Do Pass, by Substitute

Respectfully submitted, /s/ Coleman of the 97th
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 Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:

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SB 149 Do Pass

Respectfully submitted, /s/ Rynders of the 152nd
Chairman

The Speaker assumed the Chair.

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 17.

By Senators Harp of the 29th, Unterman of the 45th, Hooks of the 14th, Mullis of the 53rd, Harbison of the 15th and others:

A BILL to be entitled an Act to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to authorize certain optometrists to prescribe and administer oral and topical pharmaceutical agents related to the diagnosis or treatment of diseases and conditions of the eye and adnexa oculi except Schedule I and Schedule II controlled substances; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes.

Representative Ehrhart of the 36th moved that the House adhere to its position in insisting on its substitute to SB 17 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 Coan of the 101st.

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

HB 330. By Representative Stephens of the 164th:

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;

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to provide for an effective date contingent on funding; 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 registration of pharmacy technicians; to require the Georgia State Board of Pharmacy to establish and maintain a registry of pharmacy technicians; to authorize the board to require background checks; to provide for rules and regulations; to revise certain provisions relating to patient counseling; to require pharmacists in charge to provide updated information for the registry; to provide data reporting requirements for pharmacies; to provide for an effective date contingent on funding; 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 revising subsection (a) of Code Section 26-4-28, relating to the powers, duties, and authority of the Georgia State Board of Pharmacy, as follows:
"(a) The board shall have the power, duty, and authority for the control and regulation of the practice of pharmacy in the State of Georgia including, but not limited to, the following:
(1) The licensing by examination or by license transfer of applicants who are qualified to engage in the practice of pharmacy under the provisions of this chapter; (2) The renewal of licenses to engage in the practice of pharmacy; (3) The establishment and enforcement of compliance with professional standards and rules of conduct of pharmacists engaged in the practice of pharmacy; (4) The determination and issuance of standards for recognition and approval of degree programs of schools and colleges of pharmacy whose graduates shall be eligible for licensure in this state, and the specification and enforcement of requirements for practical training including internship; (5) The enforcement of those provisions of this chapter relating to the conduct or competence of pharmacists practicing in this state and the suspension, revocation, or restriction of licenses to engage in the practice of pharmacy; (6) The licensure and regulation of pharmacies and pharmacy interns; (7) The regulation of other employees in the prescription or pharmacy department, including but not limited to the registration and regulation of pharmacy technicians. The board shall be required to establish the minimum qualifications for the registration of pharmacy technicians and shall be authorized to require the completion

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of a background check and criminal history record check for each person applying for registration as a pharmacy technician in this state. The certificate of registration, once issued, may be valid for no more than two years and shall be renewable biennially upon payment of a renewal fee and compliance with such other conditions as the board may establish by rule or regulation. The board shall be authorized to deny registration, to deny renewal, or to revoke or suspend the registration of a pharmacy technician for any of the grounds set forth in Code Section 26-4-60 or Code Section 43-1-19. However, said denial of a technician application, denial of the renewal of a certificate, or suspension or revocation of a technician registration shall not be considered a contested case under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' but said applicant or registrant shall be entitled to an appearance before the board. The board shall be required to establish and maintain a registry of pharmacy technicians in this state which contains the name and home address of each pharmacy technician and his or her employer and location of employment. The board shall establish a process by which the pharmacist in charge of each pharmacy shall provide updated information on the pharmacy technicians in the pharmacy. The board may establish and collect fees from pharmacy technicians, their employers, or both for the registration of pharmacy technicians and maintenance of the registry; (8) The collection of professional demographic data; (9) The right to seize any such drugs and devices found by the board to constitute an imminent danger to the public health and welfare; (10) The establishment of minimum specifications for the physical facilities, technical equipment, environment, supplies, personnel, and procedures for the storage, compounding, and dispensing of such drugs or devices utilized within the practice of pharmacy; (11) The establishment of minimum standards for the purity and quality of such drugs utilized within the practice of pharmacy; (12) The establishment of minimum standards for the purity and quality of such devices and other materials utilized within the practice of pharmacy; (13) The issuance and renewal of licenses of all persons engaged in the manufacture and distribution of drugs; (14) The issuance and renewal of licenses of all persons engaged in the manufacture and distribution of devices utilized within the practice of pharmacy; (15) The inspection of any licensed person at all reasonable hours for the purpose of determining if any provisions of the laws governing the legal distribution of drugs or devices or the practice of pharmacy are being violated. The board and its officers, agents, and designees shall cooperate with all agencies charged with the enforcement of the laws of the United States, of this state, and of all other states relating to drugs, devices, and the practice of pharmacy; (16) The investigation of alleged violations of this chapter or any other law in this state pertaining to, or in connection with, persons or firms licensed by the board or otherwise authorized by the laws of this state to manufacture, sell, distribute, dispense, or possess drugs, medicines, poisons, cosmetics, or devices, as related to

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misbranded or counterfeit drugs, or any rules and regulations promulgated by the board under this chapter; the conducting of investigative interviews or full board hearings, with or without the necessity of utilizing the Office of State Administrative Hearings, in respect thereto when in its discretion it appears to be necessary; and the bringing of such violations to the notice of the Attorney General; (17) The listing at any time upon either a list under Article 3 of Chapter 13 of Title 16, the 'Dangerous Drug Act,' or upon a schedule under Article 2 of Chapter 13 of Title 16, the 'Georgia Controlled Substances Act,' of any drug found to be potentially dangerous to public safety if dispensed without prescription; (18) The expunging of the pharmacy related practice record of any pharmacist whose record consists of a sole sanction resulting from alcohol impairment and whose pharmacy related practice record during a five-year time period dating from the time of the sanction has incurred no additional charges or infractions; (19) Restricting the inspection or examination of records or access to any area licensed and under the control of any registrant, which has been issued a permit by the board, to members of the board, agents for the Georgia Drugs and Narcotics Agency, the United States Drug Enforcement Administration, the Georgia Department of Medical Assistance, or other federal agencies or agencies of this state otherwise entitled to such inspections or examinations by law, subpoena, or court order. This paragraph specifically prohibits inspections or examinations of board registrants or any requirement which forces board registrants to allow inspection or examination, or both, of their records by representatives for any nongovernment affiliated, private organization for any purpose since the access of patient prescription records is restricted by this chapter and access by such private organizations is unnecessary in that this access only duplicates existing record-keeping and inspection requirements already addressed by the laws and regulations of the board and other government organizations. This restriction shall also prohibit a private, nongovernment affiliated organization from examining or copying continuing education certificates maintained by individual registrants. Nothing in this paragraph shall prohibit the pharmacist in charge from voluntarily allowing appropriate agencies and organizations to inspect or examine the records and pharmacy area under the control of the pharmacist in charge provided such inspections or examinations are for the purposes of ensuring the quality of care provided to patients; and (20) The requiring of background checks, including, but not limited to, criminal history record checks, on any persons or firms applying for licensure or registration pursuant to this chapter; and (20)(21) Serving as the sole governmental or other authority which shall have the authority to approve or recognize accreditation or certification programs for specialty pharmacy practice or to determine the acceptability of entities which may accredit pharmacies or certify pharmacists in a specialty of pharmacy practice, and the board may require such accreditation or certification as a prerequisite for specialty or advanced pharmacy practice. Such accreditation and certification standards for specialties shall be set forth in rules promulgated by the board with such rules to

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contain the required qualifications or limitations. Any accreditation or certification for specialty pharmacy practice approved or recognized by the board shall be deemed sufficient to meet any and all standards, licensure, or requirements, or any combination thereof, otherwise set forth by any private entity or other government agency to satisfy its stated goals and standards for such accreditation or certification. Nothing in this paragraph shall prohibit private entities, government agencies, professional organizations, or educational institutions from submitting accreditation or certification programs for the review and potential approval or recognition by the board. Accreditation and certification for specialty pharmacy practice under this paragraph shall be subject to the following conditions:
(A) Applications shall be submitted as set forth in rules promulgated or approved by the board for accreditation or certification; (B) Only a pharmacist registered by this state and maintaining an active license in good standing is eligible for certification in a specialty pharmacy practice by the board; (C) Only a pharmacy registered by this state and maintaining an active license in good standing is eligible for accreditation for specialty pharmacy practice by the board; (D) Any board approved or recognized accreditation for a specialty pharmacy practice of a pharmacy is to be deemed sufficient and shall satisfy any standards or qualifications required for payment of services rendered as set forth by any insurance company, carrier, or similar third-party payor plan in any policy or contract issued, issued for delivery, delivered, or renewed on or after July 1, 1999; (E) Any board approved or recognized specialty certification issued to a pharmacist is deemed sufficient and shall satisfy any standards or qualifications required for payment of services rendered as set forth by any insurance company, carrier, or similar third-party payor plan in any policy or contract issued, issued for delivery, delivered, or renewed on or after July 1, 1999; and (F) The board may deny, revoke, limit, suspend, probate, or fail to renew the accreditation or specialty certification of a pharmacy, pharmacist, or both for cause as set forth in Code Section 26-4-60 or for a violation of Chapter 13 of Title 16 or if the board determines that a pharmacy, pharmacist, or both, no longer meet the accreditation or certification requirements of the board. Before such action, the board shall serve upon the pharmacist in charge of a pharmacy or pharmacist an order to show cause why accreditation or certification should not be denied, revoked, limited, suspended, or probated or why the renewal should not be refused. The order to show cause shall contain a statement for the basis therefor and shall call upon the pharmacist in charge of a pharmacy, the pharmacist, or both, to appear before the board at a time and place not more than 60 days after the date of the service of the order."

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SECTION 2. Said chapter is further amended by revising subsection (d) of Code Section 26-4-82, relating to duties requiring professional judgment and responsibilities of a licensed pharmacist, as follows:
"(d) The board of pharmacy shall promulgate rules and regulations regarding the activities and utilization of pharmacy technicians in pharmacies, including the establishment of a registry as required in paragraph (7) of subsection (a) of Code Section 26-4-28; provided, however, that the pharmacist to pharmacy technician ratio shall not exceed one pharmacist providing direct supervision of three pharmacy technicians. The board may consider and approve an application to increase the ratio in a pharmacy located in a licensed hospital. Such application must be made in writing and must be submitted to the board by the pharmacist in charge of a specific hospital pharmacy in this state. One of the three technicians must:
(1) Have successfully passed a certification program approved by the board of pharmacy; (2) Have successfully passed an employer's training and assessment program which has been approved by the board of pharmacy; or (3) Have been certified by either the Pharmacy Technician Certification Board or any other nationally recognized certifying body approved by the board of pharmacy."
SECTION 3. Said chapter is further amended by revising subsection (b) of Code Section 26-4-85, relating to patient counseling, as follows:
"(b) Upon receipt of a prescription drug order and following a review of the patient's record, the pharmacist or the pharmacy intern operating under the direct supervision of the pharmacist shall personally personally offer to discuss matters which will enhance or optimize drug therapy with each patient or caregiver of such a patient. Such discussion shall be in person, whenever practicable, or by telephone and shall include appropriate elements of patient counseling, based on the professional judgment of the pharmacist. Such elements may include but are not limited to the following:
(1) The name and description of the drug; (2) The dosage form, dose, route of administration and duration of therapy; (3) The intended use of the drug and expected action or result; (4) Any special directions or precautions for preparation, administration, or use by the patient; (5) Common severe side effects or adverse effects or interactions and therapeutic contraindications that may be encountered, including their avoidance, and the action required if such side effect, adverse effect, interaction, or therapeutic contraindication occurs; (6) Techniques for self-monitoring of drug therapy; (7) The proper storage of the drug; (8) Prescription refill information; (9) The action to be taken in the event of a missed dose; and

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(10) The comments of the pharmacist relevant to the patient's drug therapy, including any other information peculiar to the specific patient or drug."
SECTION 4. Said chapter is further amended by revising subsection (d) of Code Section 26-4-110, relating to pharmacy licenses, as follows:
"(d) Each pharmacy shall have a pharmacist in charge. Whenever an applicable rule requires or prohibits action by a pharmacy, responsibility shall be that of the owner and the pharmacist in charge of the pharmacy, whether the owner is a sole proprietor, partnership, association, corporation, or otherwise. The pharmacist in charge shall be responsible for notifying the board in accordance with its rules and regulations of updated information regarding the registration of pharmacy technicians."
SECTION 5. Pharmacies, as defined in Article 1 of Chapter 4 of Title 26, shall provide data regarding services and programs available, pricing information, and any other information as prescribed by the rules and regulations of the department.
SECTION 6. 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.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
Representative Stephens of the 164th moved that the House disagree to the Senate substitute to HB 330.
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 224. By Senators Hudgens of the 47th, Chapman of the 3rd, Rogers of the 21st, Moody of the 56th, Murphy of the 27th and others:
A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the definition of commercial vehicle policy and fleet policy; to repeal Code Section 40-5-71 of the Official Code of Georgia Annotated, relating to notice of insurance issuance, renewal, or termination of drivers licenses, and incorporate the provisions thereof in Code Section 40-2-137; to change the

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term "commercial vehicle policy" to "commercially insured vehicle policy"; 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 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the definition of commercial vehicle policy and fleet policy; to repeal Code Section 40-5-71 of the Official Code of Georgia Annotated, relating to notice of insurance issuance, renewal, or termination of drivers licenses, and incorporate the provisions thereof in Code Section 40-2-137; to change the term "commercial vehicle policy" to "commercially insured vehicle policy"; 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 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising Code Section 40-2-137, relating to definitions and notification of coverage termination, as follows:
"40-2-137. (a) As used in this Code section, the term:
(1) 'Commercial 'Commercially insured vehicle policy' means a policy of motor vehicle liability insurance insuring a motor vehicle that is rated or insured as a business use or commercial use vehicle or is licensed by the state as a commercial vehicle insurance that:
(A) Is written on a commercial coverage form and is not dependent on the type of vehicle insured; (B) Is issued with an insurance identification card referencing 'commercial' or 'fleet'; (C) Insures two or more vehicles that are not identified individually by vehicle identification number on the policy; or (D) Is subject to adjustment by audit for vehicle changes at the end of the policy period. (2) 'Fleet policy' means a commercial vehicle policy that insures two or more vehicles that are not identified individually by vehicle identification number on the policy or a commercial policy that is subject to adjustment by audit for vehicle changes at the end of the policy period. (3)(2) 'Lapse' means one or more days upon which the records of the department do not reflect that a motor vehicle was covered by a policy of minimum motor vehicle insurance coverage.

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(4)(3) 'Minimum motor vehicle insurance coverage' means minimum coverage as specified in Chapter 34 of Title 33. (4) 'Owner' has the meaning provided by paragraph (39) of Code Section 40-1-2 except that such term shall mean a lessee of a vehicle when the vehicle is operated under a lease agreement. (5) 'Proof of minimum insurance coverage' means the receipt from an insurer by the department of notice of such insurance coverage by electronic transmission or other means approved by the department. (6) 'Terminate' or 'termination' means actual cessation of insurance coverage after the date upon which coverage will not be restored for any reason, including without limitation cancellation, nonrenewal, and nonpayment of premium and without regard to whether such cessation was preceded by any extension or grace period allowed by the insurer.
(b)(1)(A) For purposes of aiding in the enforcement of the requirement of minimum motor vehicle liability insurance, any insurer issuing or renewing in this state any policy of motor vehicle liability insurance required by Chapter 34 of Title 33 other than a commercially insured vehicle policy shall within 30 days after the date the insurance agent binds the coverage or on the date such coverage was renewed, whichever is applicable, provide notice of such insurance coverage by electronic transmission to the department; except that once coverage data has been electronically transmitted to the department, there shall be no requirement to report on subsequent renewals of that coverage. Insurance coverage information included in such notice of issue or renewal shall be limited exclusively to the name of the insurer, the vehicle identification number, the make and year of the insured motor vehicle, and the policy effective date. The department shall not require the policy limits to be disclosed for purposes of this subparagraph. For the purposes of this Code section, the vehicle identification number shall be the vehicle identification number as that number is shown in the records of the department. For the purposes of this Code section, the Commissioner of Insurance shall furnish such notices to the department upon issuance of a certificate of self-insurance. (B) In cases in which the minimum motor vehicle insurance coverage required by Chapter 34 of Title 33 terminates, the insurer shall by electronic transmission notify the department of such coverage termination on or before the date coverage ends or, if termination is at the request of the insured, then on the date such request is processed by the insurer. Insurance coverage termination information included in such notice shall include vehicle identification number and the date of coverage termination. For the purposes of this Code section, the Commissioner of Insurance shall furnish such notices to the department upon termination of a certificate of selfinsurance. (C) The commissioner shall notify the Commissioner of Insurance quarterly of any and all violations of the notice requirements of this paragraph by any insurer, and the Commissioner of Insurance may take appropriate action against such insurer the same as is authorized by Code Section 33-2-24 for violations of Title 33; provided,

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however, that there shall be no private cause of action against an insurer or the department for civil damages for providing information, failing to provide information, or erroneously providing information pursuant to this Code section. No insurer shall utilize the costs of any audit or examination conducted by the Insurance Department pursuant to this paragraph as a cost of business in the insurer's rate base. (D) The reports required of insurers and the Commissioner of Insurance shall not apply to any vehicle for which the vehicle coverage is provided by a commercially insured vehicle policy. (2) The department shall prescribe the form and manner of electronic transmission for the purposes of insurers sending the notices required by this Code section which shall in no way be construed as modifying the provisions of Code Section 33-24-45. (3) Notwithstanding the provisions of paragraph (1) of this subsection, any irregularities in the notice to the department required by paragraph (1) of this subsection shall not invalidate an otherwise valid termination. (4) The minimum liability insurance records which the department is required to maintain under this Code section or any other provision are exempt from the provisions of any law of this state requiring that such records be open for public inspection; provided, however, that the records of any particular motor vehicle may be available for inspection by any law enforcement officer for official law enforcement investigations, the insurer of record, and the owner of the vehicle in the manner prescribed by the commissioner. (c)(1) The department shall monitor the reporting of the issuance of new and renewal policies and termination of coverage by insurers. (2) A match is based upon the vehicle identification number as recorded on the department's motor vehicle records. When the vehicle identification number does not match the department's motor vehicle records, the department shall notify the insurer and the insurer shall, within 30 days from receipt of the returned error, correct the vehicle identification number and resubmit the transaction. After receipt of the department's notice, if the insurer determines that the vehicle identification number that it submitted to the department is in fact the accurate number on the insured vehicle, then the insurer shall so notify the department and the owner of the vehicle, whereupon the owner shall, in accordance with department procedures, obtain a correction of such number at the appropriate county tag office. (b)(d)(1) After receipt of notification of coverage termination, if the department does not, on or before the effective date of such termination, receive notice from an insurer that new minimum motor vehicle insurance coverage for such motor vehicle has been issued, the department shall send a notice to the owner of the motor vehicle stating that the department has been informed of the fact of the coverage termination and informing the owner of the penalties provided by law. The department shall send such notice to the address of the owner of the motor vehicle shown on the records of the department. The mailing of such notice by the department to the address of the owner of the motor vehicle as shown on the records of the department shall be

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deemed conclusively to be notice to such owner of such owner's duty to maintain the required minimum insurance coverage and the possible penalties and consequences for failing to do so and shall be deemed to satisfy all notice requirements of law and no further notice to the owner shall be required for the suspensions and revocations provided for in this Code section. (2) It shall be the duty of the owner of such motor vehicle to obtain minimum motor vehicle insurance coverage and it shall be the duty of the owner's insurer to provide proof of such coverage to the department within 30 days of the date of such notice, pursuant to the requirements of subparagraph (b)(1)(A) of Code Section 40-5-71 this Code section. If the vehicle is covered by a fleet commercially insured vehicle policy, the owner's insurer shall not be required to provide such proof to the department by electronic means. (c)(e)(1) When proof of minimum motor vehicle insurance coverage is provided within the time period specified in this Code section, but there has been a lapse of coverage for a period of more than ten days, the owner shall remit a $25.00 lapse fee to the department. Failure to remit the lapse fee to the department within 30 days of the date on which the notification was mailed by the department will result in the suspension of the owner's motor vehicle registration by operation of law as if the proof had not been provided in a timely manner as provided in paragraph (2) of this subsection. If any lapse fee provided for in this Code section is paid to the county tax commissioner, the county shall retain $5.00 thereof as a collection fee. (2) If proof is not provided within the time period specified in this Code section that minimum motor vehicle insurance coverage is in effect, the owner's motor vehicle registration shall be suspended immediately by operation of law by the department. When such proof is provided and the owner pays a $25.00 lapse fee and pays a $60.00 restoration fee, the suspension shall terminate; provided, however, that the commissioner may waive the lapse fee and restoration fee for any owner whose vehicle registration has been suspended pursuant to this paragraph who provides proof of continuous minimum motor vehicle insurance coverage. If any restoration fee provided for in this Code section is paid to the county tax commissioner, the county shall retain $10.00 thereof as a collection fee. (3) In the event of a second suspension of the owner's registration under this Code section on or after December 1, 2003, during any five-year period, the department by operation of law shall suspend the motor vehicle registration for a period of 90 days. After the 90 day suspension period and when proof is provided that minimum motor vehicle insurance coverage is in effect and the owner pays a $25.00 lapse fee and pays a $60.00 restoration fee, the suspension shall terminate. (4) In the event of a third or subsequent suspension of the owner's registration under this Code section on or after December 1, 2003, during any five-year period, the department by operation of law shall revoke the motor vehicle registration and no new application for registration shall be accepted for a period of six months after such revocation. After six months from the date of revocation and when proof is provided that minimum motor vehicle insurance coverage is in effect and the owner pays a

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$25.00 lapse fee and pays a $160.00 restoration fee, the owner may apply for registration of the motor vehicle. (d)(f)(1) The commissioner may waive the lapse fee for any owner whose vehicle registration has been voluntarily canceled pursuant to Code Section 40-2-10. (2) Upon being presented with a copy of official orders or other satisfactory proof of ordered duty as approved by rule or regulation of the commissioner showing that an owner of a motor vehicle was deployed outside the continental United States on active military duty in the armed forces of the United States at the time his or her minimum motor vehicle insurance coverage for such vehicle terminated, the county tag agent shall waive the lapse fee and restoration fee, suspension of the owner's motor vehicle registration under this Code section shall terminate, and application for registration of the vehicle which otherwise satisfies requirements provided by law may be accepted without delay. (3) Notwithstanding any provision in this Code section to the contrary, the commissioner may temporarily waive or suspend fees, penalties, and notices under this Code section to any or all owners of motor vehicles as may be necessary in the commissioner's discretion to effectuate changes and improvements to the management of the department's records and electronic data. (e)(g) The commissioner may promulgate such rules and regulations as are necessary to implement this Code section. (f)(h) The department shall commence suspending motor vehicle registrations as provided in this Code section on December 1, 2003. The department shall commence requiring payment of lapse fees and restoration fees as provided in this Code section on January 1, 2004. (g)(i) The county tax commissioner shall have the authority to waive a lapse fee if sufficient proof is provided that no actual lapse in coverage occurred. This proof must be retained by the county tax commissioner for audit purposes. (h)(j) Notwithstanding any provision of law to the contrary, a person on active military duty in the armed forces of the United States whose motor vehicle is registered in this state and has license plates from this state and who, as a result of his or her military duties or assignment, is required to reside in another state may meet the requirements for minimum motor vehicle liability coverage by purchasing such coverage in amounts equal to or greater than the minimum coverages required by Georgia law and providing proof of such coverage to the department. In such cases, the motor vehicle shall continue to be registered and licensed in this state as long as it otherwise meets the requirements of law."
SECTION 2. Said title is further amended by revising subparagraph (d)(1)(B) of Code Section 40-2-26, relating to form and contents of application for registration, as follows:
"(B) Information obtained from the records or data base of the department regarding the owner's insurance coverage which information is derived from notice provided to the department pursuant to Code Section 40-5-71 40-2-137; or"

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SECTION 3. Said title is further amended by repealing and reserving Code Section 40-5-71, relating to notice of insurance issuance, renewal, or termination of drivers licenses.
SECTION 4. Said title is further amended by revising subsections (a) and (c) of Code Section 40-5-72, relating to forwarding of license, tag, and tag registration to the department, as follows:
"(a) It is the duty of any person who has his or her driver's license and, where applicable, license tag and tag registration suspended under the provisions of Code Section 40-5-70 or 40-5-71 40-2-137 immediately upon suspension and demand of the department to forward such items to the department." "(c) Unless otherwise provided in this Code section, notice of the effective date of suspension shall occur when the driver receives actual knowledge or legal notice of the suspension, whichever occurs first. For the purposes of making any determination relating to the return of a suspended motor vehicle driver's license and, where applicable, license tag and tag registration, a period of suspension under Code Section 40-5-70 or 40-5-71 40-2-137 or this Code section shall begin upon the date of conviction adjudicated by the court having jurisdiction."
SECTION 5. Said title is further amended by revising Code Section 40-6-10, relating to insurance requirements for operation of motor vehicles generally, as follows:
"40-6-10. (a)(1) Until December 31, 2003, the owner or operator of a motor vehicle for which minimum motor vehicle liability insurance coverage is required under Chapter 34 of Title 33 shall keep proof or evidence of required minimum insurance coverage in the vehicle at all times during the operation of the vehicle. The owner of a motor vehicle shall provide to any operator of such vehicle proof or evidence of required minimum insurance coverage for the purposes of compliance with this subsection. (2) The following shall be acceptable proof of insurance on a temporary basis: (A) If the policy providing such coverage was applied for within the last 30 days, a current written binder for such coverage for a period not exceeding 30 days from the date such binder was issued shall be considered satisfactory proof or evidence of required minimum insurance coverage; (B) If the vehicle is operated under a rental agreement, a duly executed vehicle rental agreement shall be considered satisfactory proof or evidence of required minimum insurance coverage; and (C) If the owner acquired ownership of the vehicle within the past 30 days, if the type of proof described in subparagraph (A) of this paragraph is not applicable but the vehicle is currently effectively provided with required minimum insurance coverage under the terms of a policy providing required minimum insurance coverage for another motor vehicle, then a copy of the insurer's declaration of coverage under the policy providing such required minimum insurance coverage for

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such other vehicle shall be considered satisfactory proof or evidence of required minimum insurance coverage for the vehicle, but only if accompanied by proof or evidence that the owner acquired ownership of the vehicle within the past 30 days. (2.1) If the vehicle is insured under a fleet commercially insured vehicle policy as defined in Code Section 40-2-137 providing the required minimum insurance coverage or if the vehicle is engaged in interstate commerce and registered under the provisions of Article 3A of Chapter 2 of this title, the insurance information card issued by the insurer shall be considered satisfactory proof of required minimum insurance coverage for the vehicle. (2.2) If the vehicle is insured under a certificate of self-insurance issued by the Commissioner of Insurance providing the required minimum insurance coverage under which the vehicle owner did not report the vehicle identification number to the Commissioner of Insurance, the insurance information card issued by the Commissioner of Insurance shall be considered satisfactory proof of required minimum insurance coverage for the vehicle, but only if accompanied by a copy of the certificate issued by the Commissioner of Insurance. (3) On and after July 1, 2005, the requirement under this Code section that proof or evidence of minimum liability insurance be maintained in a motor vehicle at all times during the operation of the vehicle shall not apply to the owner or operator of any vehicle for which the records or data base of the Department of Revenue indicates that required minimum insurance coverage is currently effective. (4) Except as otherwise provided in paragraph (7) of this subsection, any person who fails to comply with the requirements of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 12 months, or both. (5) Every law enforcement officer in this state shall determine if the operator of a motor vehicle subject to the provisions of this Code section has the required minimum insurance coverage every time the law enforcement officer stops the vehicle or requests the presentation of the driver's license of the operator of the vehicle. (6) If a law enforcement officer of this state determines that the owner or operator of a motor vehicle subject to the provisions of this Code section does not have proof or evidence of required minimum insurance coverage, the arresting officer shall issue a uniform traffic citation for operating a motor vehicle without proof of insurance. If the court or arresting officer determines that the operator is not the owner, then a uniform traffic citation may be issued to the owner for authorizing the operation of a motor vehicle without proof of insurance. (7) If the person receiving a citation under this subsection shows to the court having jurisdiction of the case that required minimum insurance coverage was in effect at the time the citation was issued, the court may impose a fine not to exceed $25.00. The court shall not in this case forward a record of the disposition of the case to the department and the driver's license of such person shall not be suspended.

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(8)(A) For purposes of this Code section up to and including December 31, 2003, a valid insurance card shall be sufficient proof of insurance for any vehicle. (B) For purposes of this Code section on and after January 1, 2004, a valid insurance card shall be sufficient proof of insurance only for any vehicle covered under a fleet commercially insured vehicle policy as defined in Code Section 40-571 40-2-137. The insurance card for a fleet commercially insured vehicle policy shall contain at least the name of the insurer, policy number, policy issue or effective date, policy expiration date, and the name of the insured and may, but shall not be required to, include the year, make, model, and vehicle identification number of the vehicle insured. (C) For any vehicle covered under a policy of motor vehicle liability insurance that is not a fleet commercially insured vehicle policy as defined in Code Section 40-571 40-2-137, the insurer shall issue a policy information card which shall contain at least the name of the insurer, policy number, policy issue or effective date, policy expiration date, name of the insured, and year, make, model, and vehicle identification number of each vehicle insured; and on and after January 1, 2004, the owner or operator of the motor vehicle shall keep such policy information card in the vehicle at all times during operation of the vehicle for purposes of Code Section 40-6-273.1, but any such policy information card shall not be sufficient proof of insurance for any purposes of this Code section except as otherwise provided in this Code section. (b) An owner or any other person who knowingly operates or knowingly authorizes another to operate a motor vehicle without effective insurance on such vehicle or without an approved plan of self-insurance shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 12 months, or both. An operator of a motor vehicle shall not be guilty of a violation of this Code section if such operator maintains a policy of motor vehicle insurance which extends coverage to any vehicle the operator may drive. An owner or operator of a motor vehicle shall not be issued a citation by a law enforcement officer for a violation of this Code section if the sole basis for issuance of such a citation is that the law enforcement officer is unable to obtain insurance coverage information from the records of the department. (c) Any person who knowingly makes a false statement or certification under Code Section 40-5-71 40-2-137 or this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 12 months, or both. (d) Except for vehicles insured under a fleet commercially insured vehicle policy as defined in Code Section 40-2-137 or under a plan of self-insurance approved by the Commissioner of Insurance, insurance coverage information from records of the department shall be prima-facie evidence of the facts stated therein and shall be admissible as evidence in accordance with Code Section 24-3-17 for the purposes of this Code section.

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(e) The minimum liability insurance data base of the department shall be operational for the purposes of testing, evaluation, verification of data, and validation of accuracy not later than November 1, 2002, and shall be fully operational not later than January 1, 2004."
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by the Committee on Rules, was read and adopted:
A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the definition of commercial vehicle policy and fleet policy; to repeal Code Section 40-5-71 of the Official Code of Georgia Annotated, relating to notice of insurance issuance, renewal, or termination of drivers licenses, and incorporate the provisions thereof in Code Section 40-2-137; to change the term "commercial vehicle policy" to "commercially insured vehicle policy"; 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 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising Code Section 40-2-137, relating to definitions and notification of coverage termination, as follows:
"40-2-137. (a) As used in this Code section, the term:
(1) 'Commercial 'Commercially insured vehicle policy' means a policy of motor vehicle liability insurance insuring a motor vehicle that is rated or insured as a business use or commercial use vehicle or is licensed by the state as a commercial vehicle insurance that is not dependent on the type of vehicle insured, is written on a commercial coverage form, is issued with an insurance identification card referencing 'commercial' or 'fleet,' and:
(A) Insures one or more vehicles not identified individually by vehicle identification number on the policy; or (B) Is subject to adjustment by audit for vehicle changes at the end of the policy period. (2) 'Fleet policy' means a commercial vehicle policy that insures two or more vehicles that are not identified individually by vehicle identification number on the policy or a commercial policy that is subject to adjustment by audit for vehicle changes at the end of the policy period.

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(3)(2) 'Lapse' means one or more days upon which the records of the department do not reflect that a motor vehicle was covered by a policy of minimum motor vehicle insurance coverage. (4)(3) 'Minimum motor vehicle insurance coverage' means minimum coverage as specified in Chapter 34 of Title 33. (4) 'Owner' has the meaning provided by paragraph (39) of Code Section 40-1-2 except that such term shall mean a lessee of a vehicle when the vehicle is operated under a lease agreement. (5) 'Proof of minimum insurance coverage' means the receipt from an insurer by the department of notice of such insurance coverage by electronic transmission or other means approved by the department. (6) 'Terminate' or 'termination' means actual cessation of insurance coverage after the date upon which coverage will not be restored for any reason, including without limitation cancellation, nonrenewal, and nonpayment of premium and without regard to whether such cessation was preceded by any extension or grace period allowed by the insurer.
(b)(1)(A) For purposes of aiding in the enforcement of the requirement of minimum motor vehicle liability insurance, any insurer issuing or renewing in this state any policy of motor vehicle liability insurance required by Chapter 34 of Title 33 other than a commercially insured vehicle policy shall within 30 days after the date the insurance agent binds the coverage or on the date such coverage was renewed, whichever is applicable, provide notice of such insurance coverage by electronic transmission to the department; except that once coverage data has been electronically transmitted to the department, there shall be no requirement to report on subsequent renewals of that coverage. Insurance coverage information included in such notice of issue or renewal shall be limited exclusively to the name of the insurer, the vehicle identification number, the make and year of the insured motor vehicle, and the policy effective date. The department shall not require the policy limits to be disclosed for purposes of this subparagraph. For the purposes of this Code section, the vehicle identification number shall be the vehicle identification number as that number is shown in the records of the department. For the purposes of this Code section, the Commissioner of Insurance shall furnish such notices to the department upon issuance of a certificate of self-insurance. (B) In cases in which the minimum motor vehicle insurance coverage required by Chapter 34 of Title 33 terminates, the insurer shall by electronic transmission notify the department of such coverage termination on or before the date coverage ends or, if termination is at the request of the insured, then on the date such request is processed by the insurer. Insurance coverage termination information included in such notice shall include vehicle identification number and the date of coverage termination. For the purposes of this Code section, the Commissioner of Insurance shall furnish such notices to the department upon termination of a certificate of selfinsurance.

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(C) The commissioner shall notify the Commissioner of Insurance quarterly of any and all violations of the notice requirements of this paragraph by any insurer, and the Commissioner of Insurance may take appropriate action against such insurer the same as is authorized by Code Section 33-2-24 for violations of Title 33; provided, however, that there shall be no private cause of action against an insurer or the department for civil damages for providing information, failing to provide information, or erroneously providing information pursuant to this Code section. No insurer shall utilize the costs of any audit or examination conducted by the Insurance Department pursuant to this paragraph as a cost of business in the insurer's rate base. (D) The reports required of insurers and the Commissioner of Insurance shall not apply to any vehicle for which the vehicle coverage is provided by a commercially insured vehicle policy. (2) The department shall prescribe the form and manner of electronic transmission for the purposes of insurers sending the notices required by this Code section which shall in no way be construed as modifying the provisions of Code Section 33-24-45. (3) Notwithstanding the provisions of paragraph (1) of this subsection, any irregularities in the notice to the department required by paragraph (1) of this subsection shall not invalidate an otherwise valid termination. (4) The minimum liability insurance records which the department is required to maintain under this Code section or any other provision are exempt from the provisions of any law of this state requiring that such records be open for public inspection; provided, however, that the records of any particular motor vehicle may be available for inspection by any law enforcement officer for official law enforcement investigations, the insurer of record, and the owner of the vehicle in the manner prescribed by the commissioner. (c)(1) The department shall monitor the reporting of the issuance of new and renewal policies and termination of coverage by insurers. (2) A match is based upon the vehicle identification number as recorded on the department's motor vehicle records. When the vehicle identification number does not match the department's motor vehicle records, the department shall notify the insurer and the insurer shall, within 30 days from receipt of the returned error, correct the vehicle identification number and resubmit the transaction. After receipt of the department's notice, if the insurer determines that the vehicle identification number that it submitted to the department is in fact the accurate number on the insured vehicle, then the insurer shall so notify the department and the owner of the vehicle, whereupon the owner shall, in accordance with department procedures, obtain a correction of such number at the appropriate county tag office. (b)(d)(1) After receipt of notification of coverage termination, if the department does not, on or before the effective date of such termination, receive notice from an insurer that new minimum motor vehicle insurance coverage for such motor vehicle has been issued, the department shall send a notice to the owner of the motor vehicle stating that the department has been informed of the fact of the coverage termination and

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informing the owner of the penalties provided by law. The department shall send such notice to the address of the owner of the motor vehicle shown on the records of the department. The mailing of such notice by the department to the address of the owner of the motor vehicle as shown on the records of the department shall be deemed conclusively to be notice to such owner of such owner's duty to maintain the required minimum insurance coverage and the possible penalties and consequences for failing to do so and shall be deemed to satisfy all notice requirements of law and no further notice to the owner shall be required for the suspensions and revocations provided for in this Code section. (2) It shall be the duty of the owner of such motor vehicle to obtain minimum motor vehicle insurance coverage and it shall be the duty of the owner's insurer to provide proof of such coverage to the department within 30 days of the date of such notice, pursuant to the requirements of subparagraph (b)(1)(A) of Code Section 40-5-71 this Code section. If the vehicle is covered by a fleet commercially insured vehicle policy, the owner's insurer shall not be required to provide such proof to the department by electronic means. (c)(e)(1) When proof of minimum motor vehicle insurance coverage is provided within the time period specified in this Code section, but there has been a lapse of coverage for a period of more than ten days, the owner shall remit a $25.00 lapse fee to the department. Failure to remit the lapse fee to the department within 30 days of the date on which the notification was mailed by the department will result in the suspension of the owner's motor vehicle registration by operation of law as if the proof had not been provided in a timely manner as provided in paragraph (2) of this subsection. If any lapse fee provided for in this Code section is paid to the county tax commissioner, the county shall retain $5.00 thereof as a collection fee. (2) If proof is not provided within the time period specified in this Code section that minimum motor vehicle insurance coverage is in effect, the owner's motor vehicle registration shall be suspended immediately by operation of law by the department. When such proof is provided and the owner pays a $25.00 lapse fee and pays a $60.00 restoration fee, the suspension shall terminate; provided, however, that the commissioner may waive the lapse fee and restoration fee for any owner whose vehicle registration has been suspended pursuant to this paragraph who provides proof of continuous minimum motor vehicle insurance coverage. If any restoration fee provided for in this Code section is paid to the county tax commissioner, the county shall retain $10.00 thereof as a collection fee. (3) In the event of a second suspension of the owner's registration under this Code section on or after December 1, 2003, during any five-year period, the department by operation of law shall suspend the motor vehicle registration for a period of 90 days. After the 90 day suspension period and when proof is provided that minimum motor vehicle insurance coverage is in effect and the owner pays a $25.00 lapse fee and pays a $60.00 restoration fee, the suspension shall terminate. (4) In the event of a third or subsequent suspension of the owner's registration under this Code section on or after December 1, 2003, during any five-year period, the

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department by operation of law shall revoke the motor vehicle registration and no new application for registration shall be accepted for a period of six months after such revocation. After six months from the date of revocation and when proof is provided that minimum motor vehicle insurance coverage is in effect and the owner pays a $25.00 lapse fee and pays a $160.00 restoration fee, the owner may apply for registration of the motor vehicle. (d)(f)(1) The commissioner may waive the lapse fee for any owner whose vehicle registration has been voluntarily canceled pursuant to Code Section 40-2-10. (2) Upon being presented with a copy of official orders or other satisfactory proof of ordered duty as approved by rule or regulation of the commissioner showing that an owner of a motor vehicle was deployed outside the continental United States on active military duty in the armed forces of the United States at the time his or her minimum motor vehicle insurance coverage for such vehicle terminated, the county tag agent shall waive the lapse fee and restoration fee, suspension of the owner's motor vehicle registration under this Code section shall terminate, and application for registration of the vehicle which otherwise satisfies requirements provided by law may be accepted without delay. (3) Notwithstanding any provision in this Code section to the contrary, the commissioner may temporarily waive or suspend fees, penalties, and notices under this Code section to any or all owners of motor vehicles as may be necessary in the commissioner's discretion to effectuate changes and improvements to the management of the department's records and electronic data. (e)(g) The commissioner may promulgate such rules and regulations as are necessary to implement this Code section. (f)(h) The department shall commence suspending motor vehicle registrations as provided in this Code section on December 1, 2003. The department shall commence requiring payment of lapse fees and restoration fees as provided in this Code section on January 1, 2004. (g)(i) The county tax commissioner shall have the authority to waive a lapse fee if sufficient proof is provided that no actual lapse in coverage occurred. This proof must be retained by the county tax commissioner for audit purposes. (h)(j) Notwithstanding any provision of law to the contrary, a person on active military duty in the armed forces of the United States whose motor vehicle is registered in this state and has license plates from this state and who, as a result of his or her military duties or assignment, is required to reside in another state may meet the requirements for minimum motor vehicle liability coverage by purchasing such coverage in amounts equal to or greater than the minimum coverages required by Georgia law and providing proof of such coverage to the department. In such cases, the motor vehicle shall continue to be registered and licensed in this state as long as it otherwise meets the requirements of law."
SECTION 2. Said title is further amended by revising subparagraph (d)(1)(B) of Code Section 40-2-26,

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relating to form and contents of application for registration, as follows: "(B) Information obtained from the records or data base of the department regarding the owner's insurance coverage which information is derived from notice provided to the department pursuant to Code Section 40-5-71 40-2-137; or"
SECTION 3. Said title is further amended by repealing and reserving Code Section 40-5-71, relating to notice of insurance issuance, renewal, or termination of drivers licenses.
SECTION 4. Said title is further amended by revising subsections (a) and (c) of Code Section 40-5-72, relating to forwarding of license, tag, and tag registration to the department, as follows:
"(a) It is the duty of any person who has his or her driver's license and, where applicable, license tag and tag registration suspended under the provisions of Code Section 40-5-70 or 40-5-71 40-2-137 immediately upon suspension and demand of the department to forward such items to the department." "(c) Unless otherwise provided in this Code section, notice of the effective date of suspension shall occur when the driver receives actual knowledge or legal notice of the suspension, whichever occurs first. For the purposes of making any determination relating to the return of a suspended motor vehicle driver's license and, where applicable, license tag and tag registration, a period of suspension under Code Section 40-5-70 or 40-5-71 40-2-137 or this Code section shall begin upon the date of conviction adjudicated by the court having jurisdiction."
SECTION 5. Said title is further amended by revising Code Section 40-6-10, relating to insurance requirements for operation of motor vehicles generally, as follows:
"40-6-10. (a)(1) Until December 31, 2003, the owner or operator of a motor vehicle for which minimum motor vehicle liability insurance coverage is required under Chapter 34 of Title 33 shall keep proof or evidence of required minimum insurance coverage in the vehicle at all times during the operation of the vehicle. The owner of a motor vehicle shall provide to any operator of such vehicle proof or evidence of required minimum insurance coverage for the purposes of compliance with this subsection. (2) The following shall be acceptable proof of insurance on a temporary basis: (A) If the policy providing such coverage was applied for within the last 30 days, a current written binder for such coverage for a period not exceeding 30 days from the date such binder was issued shall be considered satisfactory proof or evidence of required minimum insurance coverage; (B) If the vehicle is operated under a rental agreement, a duly executed vehicle rental agreement shall be considered satisfactory proof or evidence of required minimum insurance coverage; and

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(C) If the owner acquired ownership of the vehicle within the past 30 days, if the type of proof described in subparagraph (A) of this paragraph is not applicable but the vehicle is currently effectively provided with required minimum insurance coverage under the terms of a policy providing required minimum insurance coverage for another motor vehicle, then a copy of the insurer's declaration of coverage under the policy providing such required minimum insurance coverage for such other vehicle shall be considered satisfactory proof or evidence of required minimum insurance coverage for the vehicle, but only if accompanied by proof or evidence that the owner acquired ownership of the vehicle within the past 30 days. (2.1) If the vehicle is insured under a fleet commercially insured vehicle policy as defined in Code Section 40-2-137 providing the required minimum insurance coverage or if the vehicle is engaged in interstate commerce and registered under the provisions of Article 3A of Chapter 2 of this title, the insurance information card issued by the insurer shall be considered satisfactory proof of required minimum insurance coverage for the vehicle. (2.2) If the vehicle is insured under a certificate of self-insurance issued by the Commissioner of Insurance providing the required minimum insurance coverage under which the vehicle owner did not report the vehicle identification number to the Commissioner of Insurance, the insurance information card issued by the Commissioner of Insurance shall be considered satisfactory proof of required minimum insurance coverage for the vehicle, but only if accompanied by a copy of the certificate issued by the Commissioner of Insurance. (3) On and after July 1, 2005, the requirement under this Code section that proof or evidence of minimum liability insurance be maintained in a motor vehicle at all times during the operation of the vehicle shall not apply to the owner or operator of any vehicle for which the records or data base of the Department of Revenue indicates that required minimum insurance coverage is currently effective. (4) Except as otherwise provided in paragraph (7) of this subsection, any person who fails to comply with the requirements of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 12 months, or both. (5) Every law enforcement officer in this state shall determine if the operator of a motor vehicle subject to the provisions of this Code section has the required minimum insurance coverage every time the law enforcement officer stops the vehicle or requests the presentation of the driver's license of the operator of the vehicle. (6) If a law enforcement officer of this state determines that the owner or operator of a motor vehicle subject to the provisions of this Code section does not have proof or evidence of required minimum insurance coverage, the arresting officer shall issue a uniform traffic citation for operating a motor vehicle without proof of insurance. If the court or arresting officer determines that the operator is not the owner, then a uniform traffic citation may be issued to the owner for authorizing the operation of a motor vehicle without proof of insurance.

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(7) If the person receiving a citation under this subsection shows to the court having jurisdiction of the case that required minimum insurance coverage was in effect at the time the citation was issued, the court may impose a fine not to exceed $25.00. The court shall not in this case forward a record of the disposition of the case to the department and the driver's license of such person shall not be suspended.
(8)(A) For purposes of this Code section up to and including December 31, 2003, a valid insurance card shall be sufficient proof of insurance for any vehicle. (B) For purposes of this Code section on and after January 1, 2004, a valid insurance card shall be sufficient proof of insurance only for any vehicle covered under a fleet commercially insured vehicle policy as defined in Code Section 40-571 40-2-137. The insurance card for a fleet commercially insured vehicle policy shall contain at least the name of the insurer, policy number, policy issue or effective date, policy expiration date, and the name of the insured and may, but shall not be required to, include the year, make, model, and vehicle identification number of the vehicle insured. (C) For any vehicle covered under a policy of motor vehicle liability insurance that is not a fleet commercially insured vehicle policy as defined in Code Section 40-571 40-2-137, the insurer shall issue a policy information card which shall contain at least the name of the insurer, policy number, policy issue or effective date, policy expiration date, name of the insured, and year, make, model, and vehicle identification number of each vehicle insured; and on and after January 1, 2004, the owner or operator of the motor vehicle shall keep such policy information card in the vehicle at all times during operation of the vehicle for purposes of Code Section 40-6-273.1, but any such policy information card shall not be sufficient proof of insurance for any purposes of this Code section except as otherwise provided in this Code section. (b) An owner or any other person who knowingly operates or knowingly authorizes another to operate a motor vehicle without effective insurance on such vehicle or without an approved plan of self-insurance shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 12 months, or both. An operator of a motor vehicle shall not be guilty of a violation of this Code section if such operator maintains a policy of motor vehicle insurance which extends coverage to any vehicle the operator may drive. An owner or operator of a motor vehicle shall not be issued a citation by a law enforcement officer for a violation of this Code section if the sole basis for issuance of such a citation is that the law enforcement officer is unable to obtain insurance coverage information from the records of the department. (c) Any person who knowingly makes a false statement or certification under Code Section 40-5-71 40-2-137 or this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 12 months, or both. (d) Except for vehicles insured under a fleet commercially insured vehicle policy as defined in Code Section 40-2-137 or under a plan of self-insurance approved by the

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Commissioner of Insurance, insurance coverage information from records of the department shall be prima-facie evidence of the facts stated therein and shall be admissible as evidence in accordance with Code Section 24-3-17 for the purposes of this Code section. (e) The minimum liability insurance data base of the department shall be operational for the purposes of testing, evaluation, verification of data, and validation of accuracy not later than November 1, 2002, and shall be fully operational not later than January 1, 2004."

SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler
Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox E Crawford, M

Y Dempsey Y Dickson Y 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 Frazier E Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree

Y Holt E Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Lunsford

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

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

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Y Crawford, R Y Davis, H Y Davis, S E Day

Henson Y Hill, C
Hill, C.A Y Holmes

Maddox Y Mangham E Manning Y Marin

Y Royal Y Rynders E Sailor Y Scott, A

E 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 Smith of the 129th District, Chairman of the Committee on Transportation, submitted the following report:

Mr. Speaker:

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

SB 19 SB 87 SB 282

Do Pass Do Pass Do Pass, by Substitute

SR 154 SR 263 SR 365

Do Pass Do Pass Do Pass

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

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 Senate amendment to the following bill of the House:

HB 81. By Representatives Hill of the 180th, Lane of the 158th, Barnard of the 166th, Burns of the 157th, Williams of the 165th and others:

A BILL to be entitled an Act to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change certain provisions relating to definitions; to change certain provisions relating to charter fishing guide and pier fishing licenses, fees, and maintenance of

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records; to provide for new licenses relative to salt water fishing; to repeal conflicting laws; and for other purposes.

The Senate insists on its substitute to the following bill of the House:

HB 366. By Representatives Bearden of the 68th, Meadows of the 5th and Tumlin of the 38th:

A BILL to be entitled an Act to amend Code Section 30-4-2, relating to right to equal public accommodations and to be accompanied by guide or service dog, so as to provide that every person engaged in the raising of a dog for training as a guide or service dog shall have the right to be accompanied by such dog in the same manner as a totally or partially blind, deaf, or physically disabled person under certain conditions; 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 94. By Representatives Richardson of the 19th, Harbin of the 118th, Golick of the 34th, Burkhalter of the 50th, Keen of the 179th and others:

A BILL to amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2006, and ending June 30, 2007, known as the "General Appropriations Act;" and for other purposes.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 94

The Committee of Conference on HB 94 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 94 be adopted.

Respectfully submitted,

FOR THE HOUSE OF REPRESENTATIVES:

FOR THE SENATE:

/s/ Ben Harbin Representative, 118th District

/s/ Jack Hill Senator, 4th District

/s/ Jerry Keen Representative, 179th District

/s/ Tommie Williams Senate, 19th District

2044

JOURNAL OF THE HOUSE

/s/ Mark Burkhalter Representative, 50th District

/s/ Eric Johnson Senator, 1st District
A BILL

To amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2006, and ending June 30, 2007, known as the general appropriations Act, approved May 8, 2006, as House Bill 1027, Act No. 950, Ga. Laws 2006, Volume One, Book Two Appendix, commencing at Page 1 of 188, so as to make, provide and change certain appropriations for the operation of 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:

An Act making and providing appropriations for the State Fiscal Year beginning July 1, 2006, and ending June 30, 2007, known as the general appropriations Act, approved May 8, 2006, as House Bill 1027, Act No. 950, Ga. Laws 2006, Volume One, Book Two Appendix, commencing at Page 1 of 188, is amended by striking everything following the enacting clause and substituting in lieu thereof the following:

Total Funds

$35,999,449,467

Federal Funds and Grants

$9,766,621,728

Temporary Assistance for Needy Families Block Grant

$345,458,864

Social Services Block Grant

$50,486,793

Child Care and Development Block Grant

$55,335,941

Foster Care Title IV-E

$49,388,792

Maternal and Child Health Services Block Grant

$17,348,033

Medical Assistance Program

$5,227,198,700

Preventive Health and Health Services Block Grant

$4,203,961

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

$1,100,000,001

Federal Transit Administration Capital Investment Grants

$12,858,431

State Children's Insurance Program

$311,826,698

FRIDAY, APRIL 13, 2007
Community Services Block Grant Low-Income Home Energy Assistance TANF Block Grant Unobligated Balance Federal Funds Not specifically Identified Other Funding Sources Agency Funds Research Funds Records Center Storage Fee Indigent Care Trust Fund - Public Hospital Authorities Other Funds Not Specifically Identified State Funds Lottery Funds Tobacco Funds State Motor Fuel Brain and Spinal Injury Trust Fund State General Funds Intra-State Government Transfers Health Insurance Payments Retirement Payments Self Insurance Trust Fund Payments Other Intra-State Government Payments
Section 1: Georgia Senate Total Funds Federal Funds and Grants Other Funding Sources State Funds
State General Funds Intra-State Government Transfers
1.1. Lieutenant Governor's Office Total Funds State Funds State General Funds

2045
$17,189,252 $18,970,241 $152,853,396 $2,339,701,768 $4,272,919,273 $1,636,176,177 $1,598,519,130
$433,753 $158,537,322 $879,252,891 $19,317,036,464 $841,554,506 $167,511,505 $801,759,400
$3,007,691 $17,503,203,362
$2,642,872,002 $2,430,674,325
$41,536,372 $117,729,730 $52,931,575
$9,779,214 $0 $0
$9,779,214 $9,779,214
$0
$838,701 $838,701 $838,701

2046

JOURNAL OF THE HOUSE

1.2. Secretary of the Senate's Office Total Funds State Funds State General Funds

$1,198,966 $1,198,966 $1,198,966

1.3. Senate Total Funds State Funds State General Funds

$6,738,774 $6,738,774 $6,738,774

1.4. Senate Budget and Evaluation Office

Purpose: 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

Section 2: Georgia House of Representatives Total Funds Federal Funds and Grants Other Funding Sources State Funds
State General Funds Intra-State Government Transfers

$17,491,660 $0 $0
$17,491,660 $17,491,660
$0

2.1. Georgia House of Representatives

Total Funds

$17,491,660

State Funds

$17,491,660

State General Funds

$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 (HB1027)

$17,491,660 $17,491,660

Provide funding for an increase in per diem for House members.

$0

$0

Amount appropriated in this Act

$17,491,660 $17,491,660

FRIDAY, APRIL 13, 2007

2047

Section 3: Georgia General Assembly Joint Offices Total Funds Federal Funds and Grants Other Funding Sources State Funds
State General Funds Intra-State Government Transfers

$9,078,281 $0 $0
$9,078,281 $9,078,281
$0

3.1. Ancillary Activities

Purpose: 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 (HB1027)

$3,833,123

$3,833,123

Provide funding for a contract with the Carl Vinson

$0

$0

Institute of Government at the University of Georgia

for the creation of the Center for Tax and

Expenditure Data (TED Center) to assist local

government.

Amount appropriated in this Act

$3,833,123

$3,833,123

3.2. Legislative Fiscal Office

Purpose: 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

3.3. Office of Legislative Counsel

Purpose: 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

2048

JOURNAL OF THE HOUSE

Section 4: Audits and Accounts, Department of Total Funds Federal Funds and Grants Other Funding Sources State Funds
State General Funds Intra-State Government Transfers

$31,927,549 $0 $0
$31,927,549 $31,927,549
$0

4.1. Administration

Purpose: 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 (HB1027)

$1,602,714

$1,602,714

Increase funds to reflect adjustments to the employer

$0

$0

share of the State Health Benefit Plan premiums,

Georgia Building Authority real estate rental rate,

and Workers' Compensation premiums.

Amount appropriated in this Act

$1,602,714

$1,602,714

4.2. Audit and Assurance Services

Purpose: To provide financial, performance, and information system audits.

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 (HB1027)

$28,053,474 $28,053,474

Increase funds to reflect adjustments to the employer

$0

$0

share of the State Health Benefit Plan premiums,

Georgia Building Authority real estate rental rate,

and Workers' Compensation premiums.

Reduce funds for operations.

$0

$0

FRIDAY, APRIL 13, 2007

2049

Amount appropriated in this Act

$28,053,474 $28,053,474

4.3. Legislative Services

Purpose: To provide information on retirement system services, promulgate 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 (HB1027)

$113,096

$113,096

Increase funds to reflect adjustments to the employer

$0

$0

share of the State Health Benefit Plan premiums,

Georgia Building Authority real estate rental rate,

and Workers' Compensation premiums.

Reduce funds for operations.

$0

$0

Amount appropriated in this Act

$113,096

$113,096

4.4. Statewide Equalized Adjusted Property Tax Digest

Purpose: 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 (HB1027)

$2,158,265

$2,158,265

Increase funds to reflect adjustments to the employer

$0

$0

share of the State Health Benefit Plan premiums,

Georgia Building Authority real estate rental rate,

and Workers' Compensation premiums.

Reduce funds for operations.

$0

$0

Amount appropriated in this Act

$2,158,265

$2,158,265

2050

JOURNAL OF THE HOUSE

Section 5: Appeals, Court of Total Funds Federal Funds and Grants Other Funding Sources
Other Funds Not Specifically Identified State Funds
State General Funds Intra-State Government Transfers

$13,196,502 $0
$90,000 $90,000 $13,106,502 $13,106,502
$0

5.1. Court of Appeals

Purpose: 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

$13,196,502

Other Funding Sources

$90,000

Other Funds Not Specifically Identified

$90,000

State Funds

$13,106,502

State General Funds

$13,106,502

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$12,751,212 $12,841,212

Provide for an increase in real estate rent for new space for Judges on 3rd floor of the Judicial Building.

$0

$0

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$0

$0

Reinstate funding for 2 positions eliminated in FY 2005.

$0

$0

Provide funds for a 2.89% payraise for Judges and 4% payraise for staff.

$143,164

$143,164

Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 14.20% to 16.713%.

$207,855

$207,855

Increase funds to reflect an adjustment in Workers' Compensation premiums.

$4,271

$4,271

Amount appropriated in this Act

$13,106,502 $13,196,502

FRIDAY, APRIL 13, 2007

2051

Section 6: Judicial Council Total Funds Federal Funds and Grants Other Funding Sources State Funds
State General Funds Intra-State Government Transfers

$13,655,259 $0 $0
$13,655,259 $13,655,259
$0

6.1. Appellate Resource Center

Purpose: 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

6.2. Georgia Office of Dispute Resolution

Purpose: The purpose is to oversee the development of court-connected alternative dispute resolution programs in Georgia.

Total Funds

$365,383

State Funds

$365,383

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 (HB1027)

$365,383

$365,383

Provide funds for amended budget increases to include a 4% payraise for staff effective January 1, 2007, an adjustment in the employer share of State Health Benefit Plan premiums from 14.20% to 16.713%, an adjustment in Workers' Compensation premiums and an adjustment to Georgia Building Authority (GBA) rental rates for office space.

$0

$0

Amount appropriated in this Act

$365,383

$365,383

6.3. Institute of Continuing Judicial Education
Purpose: 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.

2052

JOURNAL OF THE HOUSE

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 (HB1027)

$1,126,382

$1,126,382

Provide funds for amended budget increases to include a 4% payraise for staff effective January 1, 2007, an adjustment in the employer share of State Health Benefit Plan premiums from 14.20% to 16.713%, an adjustment in Workers' Compensation premiums and an adjustment to Georgia Building Authority (GBA) rental rates for office space.

$0

$0

Amount appropriated in this Act

$1,126,382

$1,126,382

6.4. Judicial Council

Purpose: 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

$11,098,385

State Funds

$11,098,385

State General Funds

$11,098,385

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$10,913,173 $10,913,173

Provide funds for amended budget increases to include a 4% payraise for staff effective January 1, 2007, an adjustment in the employer share of State Health Benefit Plan premiums from 14.20% to 16.713%, an adjustment in Workers' Compensation premiums and an adjustment to Georgia Building Authority (GBA) rental rates for office space.

$166,629

$166,629

Provide funds for Westlaw for the Council of Magistrate Court Judges.

$0

$0

Provide funds for Westlaw for the Council of Probate Court Judges.

$0

$0

FRIDAY, APRIL 13, 2007

2053

Provide funds a new Guardianship video for the Probate Court.
Provide funds to the Georgia Courts Automation Commission for software certification.
Provide funds to the County and Municipal Probation advisory council for increased workload due to SB 44.
Provide additional state funds to match federal funds for the Child Placement Project.
Provide funds for child support calculator changes to comply with statutory requirements of SB 382.
Amount appropriated in this Act

$0 $18,583
$0
$0 $0 $11,098,385

$0 $18,583
$0
$0 $0 $11,098,385

6.5. Judicial Qualifications Commission

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

Total Funds

$265,109

State Funds

$265,109

State General Funds

$265,109

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$259,574

$259,574

Provide funds for amended budget increases to include a 4% payraise for staff effective January 1, 2007, an adjustment in the employer share of State Health Benefit Plan premiums from 14.20% to 16.713%, an adjustment in Workers' Compensation premiums and an adjustment to Georgia Building Authority (GBA) rental rates for office space.

$5,535

$5,535

Amount appropriated in this Act

$265,109

$265,109

Section 7: Juvenile Courts Total Funds Federal Funds and Grants Other Funding Sources State Funds

$6,533,749 $0 $0
$6,533,749

2054

JOURNAL OF THE HOUSE

State General Funds Intra-State Government Transfers

$6,533,749 $0

7.1. Council of Juvenile Court Judges

Purpose: 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

$1,612,293

State Funds

$1,612,293

State General Funds

$1,612,293

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$1,538,714

$1,538,714

Provide funds for a 4% payraise effective January 1, 2007.

$17,151

$17,151

Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 14.20% to 16.713%.

$31,428

$31,428

Provide funds for increase in mileage reimbursement rate from .28 per mile to .445 per mile.

$25,000

$25,000

Amount appropriated in this Act

$1,612,293

$1,612,293

7.2. Grants to Counties for Juvenile Court Judges

Purpose: This program mandates payment of state funds to circuits to pay for juvenile court judges salaries.

Total Funds

$4,921,456

State Funds

$4,921,456

State General Funds

$4,921,456

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$4,910,831

$4,910,831

Provide funds for a Juvenile Judge for Coweta Circuit effective January 1, 2007.

$10,625

$10,625

Amount appropriated in this Act

$4,921,456

$4,921,456

FRIDAY, APRIL 13, 2007

2055

Section 8: Prosecuting Attorneys Total Funds Federal Funds and Grants Other Funding Sources
Other Funds Not Specifically Identified State Funds
State General Funds Intra-State Government Transfers

$53,094,118 $0
$1,767,046 $1,767,046 $51,327,072 $51,327,072
$0

8.1. District Attorneys

Purpose: 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

$47,486,581

Other Funding Sources

$1,767,046

Other Funds Not Specifically Identified

$1,767,046

State Funds

$45,719,535

State General Funds

$45,719,535

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$46,219,535 $47,986,581

Provide funds for a $7,000 payraise for District Attorneys per HB 268.

$0

$0

Provide funds for a 2.89% payraise for District Attorneys and 4% for staff effective January 1, 2007.

$0

$0

Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 14.20% to 16.713%.

$0

$0

Increase funds to reflect an adjustment in Worker's Compensation premiums.

$0

$0

Provide funds to add assistant District Attorneys for the Cobb and Dublin Judicial Circuits.

$0

$0

Properly align fund sources.

$0

$0

Transfer funds to the Prosecuting Attorney's Council program to correct a scriber's error in HB 1027.

($500,000)

($500,000)

2056

JOURNAL OF THE HOUSE

Amount appropriated in this Act

$45,719,535 $47,486,581

8.2. Prosecuting Attorney's Council

Purpose: This program is charged with the responsibility of assisting Georgia's District Attorneys and State Court Solicitors.

Total Funds

$5,607,537

State Funds

$5,607,537

State General Funds

$5,607,537

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$5,107,537

$5,107,537

Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 14.20% to 16.713%.

$0

$0

Provide funds for a 4% payraise for Prosecuting Attorney's Council (PAC) effective January 1, 2007.

$0

$0

Provide funds for base adjustment as a result of the FY2006 veto.

$0

$0

Increase funds to reflect an adjustment in Worker's Compensation premiums.

$0

$0

Transfer funds from the District Attorneys program to correct a scriber's error in HB 1027.

$500,000

$500,000

Amount appropriated in this Act

$5,607,537

$5,607,537

Section 9: Public Defender Standards Council, Georgia Total Funds Federal Funds and Grants Other Funding Sources
Other Funds Not Specifically Identified State Funds
State General Funds Intra-State Government Transfers

$38,313,911 $0
$1,972,832 $1,972,832 $36,341,079 $36,341,079
$0

9.1. Public Defender Standards Council Purpose: The Standards Council provides administrative, fiscal, appellate, and

FRIDAY, APRIL 13, 2007

2057

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

Other Funding Sources

$559,797

Other Funds Not Specifically Identified

$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 (HB1027)

$10,607,210 $11,167,007

Transfer funds from Capital Defenders Office to Conflict Case Office.

$0

$0

Amount appropriated in this Act

$10,607,210 $11,167,007

9.2. Public Defenders

Purpose: 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

$27,146,904

Other Funding Sources

$1,413,035

Other Funds Not Specifically Identified

$1,413,035

State Funds

$25,733,869

State General Funds

$25,733,869

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$17,224,912 $18,637,947

Provide funds for personal services.

$8,508,957

$8,508,957

Provide funds for the Conflict Case Office.

$0

$0

Provide funds for opt-out circuits.

$0

$0

Provide funds for regular operating expenses.

$0

$0

Replace state funds with agency funds.

$0

$0

Amount appropriated in this Act

$25,733,869 $27,146,904

2058

JOURNAL OF THE HOUSE

Section 10: Superior Courts Total Funds Federal Funds and Grants Other Funding Sources State Funds
State General Funds Intra-State Government Transfers

$54,247,260 $0 $0
$54,247,260 $54,247,260
$0

10.1. Council of Superior Court Clerks

Purpose: 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

10.2. Council of Superior Court Judges

Purpose: 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

$999,073

State Funds

$999,073

State General Funds

$999,073

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$971,630

$971,630

Provide funds for a 4% payraise for staff effective January 1, 2007.

$9,831

$9,831

Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 14.20% to 16.713%.

$13,994

$13,994

Increase funds to reflect an adjustment in Workers' Compensation premiums.

$746

$746

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$2,872

$2,872

Provide funding for temporary labor.

$0

$0

FRIDAY, APRIL 13, 2007

2059

Amount appropriated in this Act

$999,073

$999,073

10.3. Judicial Administrative Districts

Purpose: 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

$2,242,780

State Funds

$2,242,780

State General Funds

$2,242,780

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$2,184,721

$2,184,721

Provide funds for a 4% payraise for staff effective January 1, 2007.

$22,117

$22,117

Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 14.20% to 16.713%.

$34,905

$34,905

Increase funds to reflect an adjustment in Workers' Compensation premiums.

$1,037

$1,037

Amount appropriated in this Act

$2,242,780

$2,242,780

10.4. Superior Court Judges

Purpose: 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

$50,762,407

State Funds

$50,762,407

State General Funds

$50,762,407

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$50,109,108 $50,109,108

Provide funds for a 4% payraise for staff effective January 1, 2007.

$146,485

$146,485

Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 14.20% to 16.713%.

$99,967

$99,967

2060

JOURNAL OF THE HOUSE

Increase funds to reflect an adjustment in Workers' Compensation premiums.
Provide funds for a 2.89% payraise for Superior Court Judges effective January 1, 2007.
Provide funds for two new judgeships for the Cobb and Dublin Judicial circuits.
Restore budget reduction from FY 2005.
Provide funds for step increase payraise for secretaries effective April 1, 2007.
Provide funds to counties for courthouse security.
Amount appropriated in this Act

$6,989
$399,858
$0
$0 $0
$0 $50,762,407

$6,989
$399,858
$0
$0 $0
$0 $50,762,407

Section 11: Supreme Court Total Funds Federal Funds and Grants Other Funding Sources State Funds
State General Funds Intra-State Government Transfers

$8,157,337 $0 $0
$8,157,337 $8,157,337
$0

11.1. Supreme Court of Georgia

Purpose: The purpose is to be a court of review and exercise exclusive appellate jurisdiction in all cases in

Total Funds

$8,157,337

State Funds

$8,157,337

State General Funds

$8,157,337

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$7,921,323

$7,921,323

Provide funds for a 2.89% payraise for Judges and a 4% payraise for staff effective January 1, 2007.

$93,229

$93,229

Provide for an adjustment in the Georgia Building Authority (GBA) real estate rental rate for office space.

$20,119

$20,119

FRIDAY, APRIL 13, 2007

Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 14.20% to 16.713%.
Increase funds to reflect an adjustment in Workers' Compensation premiums.
Amount appropriated in this Act

$117,252
$5,414 $8,157,337

2061 $117,252
$5,414 $8,157,337

Section 12: Accounting Office, State Total Funds Federal Funds and Grants Other Funding Sources
Other Funds Not Specifically Identified State Funds
State General Funds Intra-State Government Transfers
Other Intra-State Government Payments

$15,776,297 $0
$117,662 $117,662 $6,802,841 $6,802,841 $8,855,794 $8,855,794

12.1. State Accounting Office

Purpose: 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

Other Funding Sources

$117,662

Other Funds Not Specifically Identified

$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

Section 13: Administrative Services, Department of Total Funds Federal Funds and Grants Other Funding Sources
Agency Funds

$171,833,908 $0
$12,428,029 $12,074,798

2062

JOURNAL OF THE HOUSE

Other Funds Not Specifically Identified State Funds
State General Funds Intra-State Government Transfers
Self Insurance Trust Fund Payments Other Intra-State Government Payments

$353,231 $22,016,619 $22,016,619 $137,389,260 $117,729,730 $19,659,530

13.1. Administration

Purpose: To provide administrative support to all department programs.

Total Funds

$5,579,866

Other Funding Sources

$2,084,660

Agency Funds

$2,084,660

State Funds

$3,495,206

State General Funds

$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 (HB1027)

$3,495,206

$5,579,866

Realize CNG savings by reducing

$0

$0

telecommunications expenses and computer charges.

Amount appropriated in this Act

$3,495,206

$5,579,866

13.2. Fiscal Services

Purpose: To provide administrative functions and services necessary for the fulfillment of the responsibilities of the Superior Courts.

Total Funds

$322,037

Other Funding Sources

$322,037

Agency Funds

$322,037

13.3. Fleet Management

Purpose: 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

Other Funding Sources

$2,502,664

Agency Funds

$2,502,664

FRIDAY, APRIL 13, 2007

2063

13.4. Mail and Courier

Purpose: 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

Other Funding Sources

$1,387,642

Agency Funds

$1,387,642

13.5. Risk Management

Purpose: To provide cost minimization and fair treatment of citizens through effective claims management.

Total Funds

$137,389,260

Intra-State Government Transfers

$137,389,260

Self Insurance Trust Fund Payments

$117,729,730

Other Intra-State Government Payments

$19,659,530

13.6. State Purchasing

Purpose: 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

Other Funding Sources

$185,003

Agency Funds

$185,003

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 (HB1027)

$9,465,212

$9,650,215

Realize CNG savings by reducing

$0

$0

telecommunications expenses and computer charges.

Amount appropriated in this Act

$9,465,212

$9,650,215

13.7. Surplus Property
Purpose: 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.

2064

JOURNAL OF THE HOUSE

Total Funds Other Funding Sources
Agency Funds

$2,317,944 $2,317,944 $2,317,944

13.8. U. S. Post Office

Purpose: To provide convenient and cost-effective postal services to agencies and individuals.

Total Funds

$173,296

Other Funding Sources

$155,575

Agency Funds

$155,575

State Funds

$17,721

State General Funds

$17,721

The following appropriations are for agencies attached for administrative purposes.

13.9. Agency for the Removal of Hazardous Materials

Purpose: 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

13.10. Health Planning Review Board Purpose: To review decisions made by hearing officers.
Total Funds State Funds
State General Funds

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

13.11. Office of State Administrative Hearings

Purpose: To provide an impartial and independent forum for resolving disputes between the public and state agencies.

Total Funds

$4,437,936

Other Funding Sources

$608,684

Agency Funds

$608,684

State Funds

$3,829,252

FRIDAY, APRIL 13, 2007

2065

State General Funds

$3,829,252

13.12. Office of Treasury and Fiscal Services

Purpose: 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

$3,177,221

Other Funding Sources

$2,510,589

Agency Funds

$2,510,589

State Funds

$666,632

State General Funds

$666,632

13.13. Payments to Georgia Technology Authority

Purpose: 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

Other Funding Sources

$353,231

Other Funds Not Specifically Identified

$353,231

State Funds

$4,396,769

State General Funds

$4,396,769

Section 14: Agriculture, Department of Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources
Agency Funds State Funds
State General Funds Intra-State Government Transfers

$51,645,550 $6,849,321 $6,849,321 $1,884,689 $1,884,689
$42,911,540 $42,911,540
$0

14.1. Administration

Purpose: To provide administrative support for all programs of the department.

Total Funds

$6,412,940

2066

JOURNAL OF THE HOUSE

Federal Funds and Grants

$69,500

Federal Funds Not specifically Identified

$69,500

Other Funding Sources

$258,721

Agency Funds

$258,721

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 (HB1027)

$6,084,719

$6,412,940

Realize CNG savings by redirecting funds ($45,601) from the Administration program to the Consumer Protection program to replace 3 high-mileage vehicles used by department inspectors.

$0

$0

Amount appropriated in this Act

$6,084,719

$6,412,940

14.2. Athens/Tifton Veterinary Labs

Purpose: To ensure 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

14.3. Consumer Protection

Purpose: 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 Funds and Grants

$6,749,221

Federal Funds Not specifically Identified

$6,749,221

Other Funding Sources

$935,000

Agency Funds

$935,000

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:

FRIDAY, APRIL 13, 2007

2067

Amount from prior Appropriation Act (HB1027)
Realize CNG savings by redirecting funds ($45,601) from the Administration program to the Consumer Protection program to replace 3 high-mileage vehicles used by department inspectors.
Replace 17 motor vehicles with mileage in excess of 170,000 used by department inspectors.
Add funding for Homeland Security Agriculture Food Defense positions (an Agriculture Manager, 2 Operations Analysts and an Administrative Assistant).
Amount appropriated in this Act

State Funds $22,016,387
$0
$0 $0
$22,016,387

Total Funds $29,700,608
$0
$0 $0
$29,700,608

14.4. Marketing and Promotion

Purpose: To expand sales of Georgia's commodities from growers by promoting them domestically and internationally.

Total Funds

$8,563,745

Federal Funds and Grants

$30,600

Federal Funds Not specifically Identified

$30,600

Other Funding Sources

$690,968

Agency Funds

$690,968

State Funds

$7,842,177

State General Funds

$7,842,177

14.5. Poultry Veterinary Diagnostic Labs

Purpose: 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

Section 15: Banking and Finance, Department of Total Funds Federal Funds and Grants Other Funding Sources

$11,581,920 $0 $0

2068

JOURNAL OF THE HOUSE

State Funds State General Funds
Intra-State Government Transfers

$11,581,920 $11,581,920
$0

15.1. Administration

Purpose: 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 (HB1027)

$1,786,026

$1,786,026

Realize CNG savings by redirecting funds to the Financial Institution Supervision program to replace 3 motor vehicles with mileage in excess of 135,000 miles.

$0

$0

Amount appropriated in this Act

$1,786,026

$1,786,026

15.2. Chartering, Licensing and Applications/Non-mortgage Entities

Purpose: 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 (HB1027)

$512,992

$512,992

Realize CNG savings by redirecting funds to the Financial Institution Supervision program to replace 3 motor vehicles with mileage in excess of 135,000 miles.

$0

$0

Amount appropriated in this Act

$512,992

$512,992

15.3. Consumer Protection and Assistance

FRIDAY, APRIL 13, 2007

2069

Purpose: 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 (HB1027)

$529,701

$529,701

Realize CNG savings by redirecting funds to the Financial Institution Supervision program to replace 3 motor vehicles with mileage in excess of 135,000 miles.

$0

$0

Amount appropriated in this Act

$529,701

$529,701

15.4. Financial Institution Supervision

Purpose: 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 (HB1027)

$6,956,283

$6,956,283

Realize CNG savings by redirecting funds to the Financial Institution Supervision program to replace 3 motor vehicles with mileage in excess of 135,000 miles.

$0

$0

Realize CNG savings by reducing telecommunications ($1,159) and computer charges ($5,345).

$0

$0

Amount appropriated in this Act

$6,956,283

$6,956,283

15.5. Mortgage Supervision
Purpose: To protect consumers from unfair, deceptive or fraudulent residential mortgage lending practices and enforce applicable laws and regulations.

2070

JOURNAL OF THE HOUSE

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 (HB1027)

$1,796,918

$1,796,918

Realize CNG savings by redirecting funds to the Financial Institution Supervision program to replace 3 motor vehicles with mileage in excess of 135,000 miles.

$0

$0

Amount appropriated in this Act

$1,796,918

$1,796,918

Section 16: Community Affairs, Department of Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources
Other Funds Not Specifically Identified State Funds
Tobacco Funds State General Funds Intra-State Government Transfers

$245,640,850 $93,634,621 $93,634,621 $11,243,636 $11,243,636
$140,762,593 $47,123,333 $93,639,260
$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.

16.1. Administration Purpose: The purpose is to provide administrative support for all programs of the

FRIDAY, APRIL 13, 2007

2071

department.

Total Funds

$4,915,967

Federal Funds and Grants

$22,000

Federal Funds Not specifically Identified

$22,000

Other Funding Sources

$2,592,412

Other Funds Not Specifically Identified

$2,592,412

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 (HB1027)

$2,301,555

$4,915,967

Realize CNG savings by redirecting funds to the Administration program to train 6 staff members as examiners in the Georgia Oglethorpe Award Process.

$0

$0

Realize CNG savings by reducing telecommunications, computer charges, and regular operating expenses.

$0

$0

Amount appropriated in this Act

$2,301,555

$4,915,967

16.2. Building Construction

Purpose: 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

Other Funding Sources

$171,722

Other Funds Not Specifically Identified

$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 (HB1027)

$289,555

$461,277

Realize CNG savings by redirecting funds to the Administration program to train 6 staff members as examiners in the Georgia Oglethorpe Award Process.

$0

$0

2072

JOURNAL OF THE HOUSE

Realize CNG savings by reducing telecommunications, computer charges, and regular operating expenses.
Amount appropriated in this Act

$0 $289,555

$0 $461,277

16.3. Coordinated Planning

Purpose: 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

$3,694,744

State Funds

$3,694,744

State General Funds

$3,694,744

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$3,694,744

$3,694,744

Realize CNG savings by redirecting funds to the Administration program to train 6 staff members as examiners in the Georgia Oglethorpe Award Process.

$0

$0

Realize CNG savings by reducing telecommunications, computer charges, and regular operating expenses.

$0

$0

Provide 2 time-limited positions and funds for the Local Update of Census Addresses project to ensure Georgia's citizens are accurately counted in the 2010 Census.

$0

$0

Amount appropriated in this Act

$3,694,744

$3,694,744

16.4. Environmental Education and Assistance

Purpose: 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:

FRIDAY, APRIL 13, 2007

2073

Amount from prior Appropriation Act (HB1027)
Realize CNG savings by redirecting funds to the Administration program to train 6 staff members as examiners in the Georgia Oglethorpe Award Process.
Realize CNG savings by reducing telecommunications, computer charges, and regular operating expenses.
Amount appropriated in this Act

State Funds $998,853 $0

Total Funds $998,853 $0

$0 $998,853

$0 $998,853

16.5. Federal Community and Economic Development Programs

Purpose: 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

$38,804,213

Federal Funds and Grants

$37,043,876

Federal Funds Not specifically Identified

$37,043,876

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 (HB1027)

$1,760,337 $38,804,213

Realize CNG savings by redirecting funds to the Administration program to train 6 staff members as examiners in the Georgia Oglethorpe Award Process.

$0

$0

Realize CNG savings by reducing telecommunications, computer charges, and regular operating expenses.

$0

$0

Amount appropriated in this Act

$1,760,337 $38,804,213

16.6. Homeownership Programs

Purpose: 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

$4,031,286

2074

JOURNAL OF THE HOUSE

Other Funding Sources Other Funds Not Specifically Identified

$4,031,286 $4,031,286

16.7. Local Assistance Grants

Purpose: 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

State Funds

$6,540,903

State General Funds

$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 (HB1027)

$6,540,903

$6,540,903

Total of Grants Associated with this Program

$0

$0

Recapture funding for duplicate or declined Local Assistance Grants to include Barrow County ($15,000), Hart County (10,000), Houston County ($4,000), and the City of Thomson ($15,000).

$0

$0

Redirect excess Local Assistance Grant funding ($235,000) and add funds ($15,000) to provide a grant to Autrey Mill for historical restoration in the City of Johns Creek ($250,000) - a grant previously funded in Fiscal Year 2006 but returned to the state due to Fulton County being ineligible as a recipient. (CC:Redirect excess funding to provide for the City of Johns Creek - Autrey Mill.)

$0

$0

Amount appropriated in this Act

$6,540,903

$6,540,903

Specific Local Assistance Grants Appropriated: Grants to County Governments Grant to Atkinson County for: Renovate a module unit to be used as a multi-purpose building. Grant to Bacon County for: Purchase equipment for a research and demonstration farm. Grant to Baldwin County for: Provide funds to purchase truck. Grant to Baldwin County for: Advertise the Old Capitol Museum. Grant to Bartow County for: Officer safety and surveillance

$20,000
$40,000
$25,000 $20,000 $30,000

FRIDAY, APRIL 13, 2007
equipment in narcotics enforcement department. Grant to Bartow County for: Create programs for Advocates for Children. Grant to Berrien County for: Provide funds for fire department equipment. Grant to Bibb County for: Refurbishment of Community Park and facilities at Lake Tobesofkee. Grant to Bleckley County for: Laptop computers for sheriff's office. Grant to Bulloch County for: Emergency response equipment. Grant to Butts County for: Reading material, supplies and audio books for disabled individuals. Grant to Butts County for: Purchase bullet proof vests. Grant to Calhoun County for: Purchase 2 breathing units for volunteer fire department. Grant to Carroll County for: Replace parking lot and roof. Grant to Catoosa County for: Provide funds for sewer expansion for economic development Grant to Charlton County for: Contract with a local drug abuse treatment program that assists Charlton County residents with the increasing meth problem in rural Georgia. Grant to Chatham County for: Provide funds for weight lifting equipment for Abilities Unlimited. Grant to Chattooga County for: Repair the Sublyna Community Center. Grant to Clayton County for: Expand summer program to address serious issues of gang violence. Grant to Clayton County for: Lighting and computer installation. Grant to Clayton County for: Fund transitional housing and emergency shelter. Grant to Clayton County for: Replace walkways at Confederate Cemetery. Grant to Cobb County for: Purchase passenger van. Grant to Cobb County for: Renovate and purchase new pavilion for East Cobb park. Grant to Cobb County for: Improve drainage at Bob Shaw Park. Grant to Coffee County for: Paving entrances of volunteer fire stations. Grant to Colquitt County for: Equipment for Doerun Library.

2075
$40,000 $20,000 $50,000
$4,000 $7,500 $5,000 $15,000 $5,300 $15,000 $20,000 $10,000
$3,500 $18,000 $10,000 $10,000 $25,000 $10,000 $40,000 $30,000 $20,000 $25,000 $15,000

2076

JOURNAL OF THE HOUSE

Grant to Colquitt County for: Assistance in purchase of used lift truck for electrical work and tree trimming.
Grant to Colquitt County for: Renovate livestock facility.
Grant to Columbia County for: Transfer historic structural arches to county building.
Grant to Columbia County for: Assist with improvements and infrastructure upgrades to local park.
Grant to Columbia County for: Purchase EMT equipment for the sheriff's office.
Grant to Columbia County for: Fund the Columbia County Chamber of Commerce-Industry/Education Partnership.
Grant to Cook County for: Equipment for 4-H Coordinator for life skill class.
Grant to Crawford County for: Purchase a site for parking in renovated downtown.
Grant to Crisp County for: Upgrade service weapons and holsters for the sheriff's department.
Grant to Crisp County for: Fund stormwater feasibility study.
Grant to Crisp County for: Upgrade courthouse security.
Grant to Dade County for: Renovate and repair community center.
Grant to Decatur County for: Purchase new equipment for 10 volunteer fire departments.
Grant to Dodge County for: Security fencing for airport.
Grant to Dodge County for: Purchase radio equipment for Dodge County Sheriff's Department.
Grant to Dooly County for: Improve Big Pig Jig site.
Grant to Douglas County for: Develop a landscape and gateway signage plan in the traffic circle island of planned intersection rounda-bout.
Grant to Douglas County for: Sheriff's office meth task force operating funds.
Grant to Douglas County for: Cultural Arts Center operating funds.
Grant to Effingham County for: Installation of new playground equipment.
Grant to Effingham County for: Improvements and update playground.
Grant to Effingham County for: Create access to Ogeechee River.
Grant to Elbert County for: Refurbish infrastructure of the Nancy Hart

$12,000
$45,000 $10,000
$10,000
$20,000
$25,000
$10,000
$10,000
$10,000
$25,000 $15,000 $15,000 $25,000
$7,500 $4,000
$35,000 $20,000
$20,000
$20,000 $15,000
$10,000
$25,000 $15,000

FRIDAY, APRIL 13, 2007
Home. Grant to Emanuel County for: Renovation of Emanuel Arts Center. Grant to Evans County for: Renovate Tos Theatre. Grant to Fannin County for: Provide funds for tel-squirt equipment for fire truck. Grant to Fayette County for: Purchase two severe weather sirens. Grant to Floyd County for: Purchase SWAT response vehicle. Grant to Floyd County for: Renovate the Rome History Museum. Grant to Fulton County for: Provide general operating funding for an adult day care program. Grant to Glascock County for: Purchase equipment for sheriff's department. Grant to Gwinnett County for: Special need playground. Grant to Gwinnett County for: Create human services plan for Gwinnett Village. Grant to Habersham County for: Regional Welcome Center at Tallulah Falls. Grant to Hall County for: Provide funds for sewer line construction. Grant to Hall County for: Search and recovery equipment for underwater search and recovery team. Grant to Hall County for: Provide funds for Georgia police and fire games. Grant to Hall County for: Assist initiative for access to healthcare for uninsured adults. Grant to Haralson County for: Fund Buchanan/Haralson Library. Grant to Haralson County for: Purchase of historical home for Haralson Historical Society. Grant to Heard County for: Upgrade the wastewater treatment plant. Grant to Henry County for: Sidewalks near congested school area. Grant to Henry County for: Reading material, supplies and audio books for disabled individuals. Grant to Henry County for: Regular equipment, shotguns and thermal imagers. Grant to Henry County for: Purchase video cameras for police cars. Grant to Henry County for: Fund archaeological dig at Lovejoy Battlefield. Grant to Houston County for: Epilos laser engraving system. Grant to Houston County for: Program for children at-risk, teen

2077
$5,000 $10,000 $50,000
$50,000 $50,000 $50,000 $10,000
$18,000
$10,000 $25,000
$50,000
$30,000 $35,295
$20,000
$20,000
$20,000 $50,000
$25,000 $19,475 $5,000
$10,000
$40,000 $25,000
$5,000 $10,000

2078

JOURNAL OF THE HOUSE

pregnancy, drop out and abuse.
Grant to Irwin County for: Help clean up public parks and other recreational facilities.
Grant to Irwin County for: Van for the Irwin County Senior Citizen's center meals on wheels.
Grant to Jackson County for: Purchase compressor for the South Jackson Volunteer Fire Dept.
Grant to Jackson County for: Provide equipment for emergency operations command center.
Grant to Jeff Davis County for: Security system for court house.
Grant to Jeff Davis County for: Video equipment and metal detector for sheriff's office.
Grant to Johnson County for: Equipment for volunteer fire department.
Grant to Johnson County for: Equipment for volunteer fire department.
Grant to Johnson County for: Purchase kitchen equipment for senior citizen center.
Grant to Lamar County for: Renovation of historic Johnstonville Community Club.
Grant to Lanier County for: Refurbish county library.
Grant to Laurens County for: Purchase computer systems for Laurens County Sheriff's Department.
Grant to Long County for: Build new fireproof door and room onto courthouse and install HVAC humidifier.
Grant to Macon County for: Provide and maintain a park for Flint River Farms School Preservation Society.
Grant to Madison County for: Fund soil testing study.
Grant to Madison County for: Purchase two sheriff's cars.
Grant to McDuffie County for: Funds to support and operate the Boys and Girls Club of McDuffie.
Grant to Mitchell County for: Bring electrical system up to date in old building.
Grant to Mitchell County for: Pave parking lot for Mitchell County Development Authority.
Grant to Mitchell County for: Fire fighting equipment for seven volunteer fire departments.
Grant to Montgomery County for: Video production equipment.

$10,000 $15,000 $25,000 $20,000 $10,000 $25,000 $5,000 $10,000 $5,000 $20,000 $12,000 $12,815 $30,000 $15,000 $60,000 $50,000 $10,000 $12,000 $12,000 $17,500 $10,000

FRIDAY, APRIL 13, 2007
Grant to Morgan County for: Provide funds for the Buckhead Volunteer Fire Department. Grant to Murray County for: Reprint county brochure for chamber of commerce. Grant to Murray County for: Purchase a treadmill, a booster heater for dishwashing system and a computer for Internet access for the Murray County Senior Center. Grant to Newton County for: Supplement purchase of in-car cameras. Grant to Newton County for: Purchase laptop computers for EMS vehicles. Grant to Oconee County for: Relocation and restoration of historic building. Grant to Oconee County for: Completion of recreational parking. Grant to Paulding County for: To assist in building the Tara Drummond Memorial Pet Park. Grant to Pierce County for: Purchase historical land from the Civil War era. Grant to Pike County for: Purchase three Jaws of Life. Grant to Polk County for: Provide funds for operating expenses and expansion of Boys and Girls Club. Grant to Polk County for: Provide funds for Our House shelter. Grant to Polk County for: Fund community resources for the Polk County Council for Children and Families. Grant to Pulaski County for: Purchase needed equipment. Grant to Richmond County for: Construction of handicap accessible restroom facility. Grant to Richmond County for: Provide funds for children program. Grant to Richmond County for: Provide operation funds for the Lucy Craft Laney Museum of Black History. Grant to Schley County for: Fire fighting equipment. Grant to Seminole County for: Paving access ramp and parking for fire department. Grant to Spalding County for: Provide funding for law enforcement equipment. Grant to Stephens County for: Fund the Recovery Academy. Grant to Tift County for: Surveillance equipment for police department. Grant to Tift County for: Fund Tift County Public Library lead paint

2079
$10,000
$5,000
$5,000
$10,000 $50,000
$20,000
$15,000 $30,000
$20,000
$25,000 $5,000
$5,000 $2,500
$4,000 $25,000
$15,000 $25,000
$1,000 $16,660
$15,000
$20,000 $8,000
$10,000

2080

JOURNAL OF THE HOUSE

abatement. Grant to Toombs County for: Rural fire department equipment. Grant to Treutlen County for: Implement enhanced 911 for Treutlen County EMS. Grant to Turner County for: Emergency service equipment. Grant to Turner County for: Radar purchase for police department. Grant to Turner County for: Renovate recreation building and purchase equipment. Grant to Walker County for: Renovation of historic Marsh House. Grant to Walton County for: Funding for road installation project. Grant to Walton County for: Funding for sewer installation project. Grant to Ware County for: Renovate recreation facility. Grant to Warren County for: Establish an alternative school. Grant to Wayne County for: Building inspection program equipment and software. Grant to Wayne County for: Volunteer fire department equipment. Grant to Wayne County for: Paint farmers market and fence recreation complex. Grant to Wayne County for: Operate Caregivers Resources. Grant to Wheeler County for: Renovate recreation department and purchase new equipment. Grant to Whitfield County for: Fund operations of the Praters Mill historic site. Grant to Wilcox County for: Equipment for sheriff's office. Grant to Worth County for: New microfilm and printer for library.
Grants to Municipal Governments Grant to City of Abbeville for: Equipment for water system. Grant to City of Acworth for: Purchase cameras for police cars. Grant to City of Adel for: K-9 transport system. Grant to City of Albany for: Fund the 2006 Special Olympics. Grant to City of Allentown for: To repair and put a sustainable maintenance plan in place for water tower. Grant to City of Alpharetta for: To complete construction of Walk of Memories. Grant to City of Andersonville for: Promote the Andersonville Trail through reprinting brochures and advertising. Grant to City of Arabi for: Provide funds for landscaping of new

$50,000 $25,000
$4,450 $7,480 $25,000
$20,000 $10,000 $10,000 $20,000 $15,000 $5,000
$5,000 $5,000
$10,000 $10,000
$25,000
$5,000 $9,000
$5,000 $75,000
$3,500 $25,000 $35,000
$40,000
$5,000
$12,000

FRIDAY, APRIL 13, 2007
medical clinic. Grant to City of Atlanta for: Operating funds for mentoring and tutoring camp for needy young girls. Grant to City of Atlanta for: To transport children for after school program in academy and daycare. Grant to City of Augusta for: Fund Augusta Youth Center. Grant to City of Augusta for: Execution of the community vision. Grant to City of Baconton for: Furnishings for city hall historic house. Grant to City of Baldwin for: Offset the expenses associated with the recent ice storm. Grant to City of Baxley for: Beautify City Hall in Baxley. Grant to City of Berlin for: Purchase computers for Berlin City Hall and renovate City Hall. Grant to City of Braselton for: Purchase needed books for new library under construction. Grant to City of Bronwood for: General equipment and support for ongoing city projects. Grant to City of Buena Vista for: Fire fighting equipment. Grant to City of Byron for: Furnishings for the new community center within the new city hall. Grant to City of Cairo for: Renovate community house. Grant to City of Cartersville for: Provide funds to house abandoned children. Grant to City of Clarkston for: Purchase materials for the Scottdale Child Development and Family Resources Ctr. Literacy Program. Grant to City of Cochran for: Purchase needed equipment for patrol cars. Grant to City of Columbus for: Fund operations of Renaissance Personal Development Program. Grant to City of Columbus for: Develop skilled work force. Grant to City of Columbus for: Fund cultural education center. Grant to City of Columbus for: Provide funding for Building Toward Wellness Health Care Intervention. Grant to City of Columbus for: Provide funds for House of Mercy. Grant to City of Columbus for: To assist with GED programs. Grant to City of Coolidge for: Help complete drinking water project. Grant to City of Cordele for: Purchase computerized case management system for Cordele.

2081
$40,000
$15,000
$25,000 $25,000 $12,500
$7,500
$6,000 $25,000
$10,000
$2,000
$1,000 $15,000
$20,000 $40,000
$14,823
$4,000
$20,000
$20,000 $20,000 $10,000
$15,000 $15,000 $14,000 $25,000

2082

JOURNAL OF THE HOUSE

Grant to City of Cornelia for: Offset the expenses associated with the recent ice storm.
Grant to City of Cuthbert for: A security system for city hall, police dept. and water wells.
Grant to City of Dawsonville for: Purchase racing hall of fame artifacts for Georgia Racing Hall of Fame Museum.
Grant to City of Demorest for: Cover ice storm damages.
Grant to City of Demorest for: Offset the expenses associated with the recent ice storm.
Grant to City of Douglasville for: Welcome sign, stage cover and pedestrian safety improvements.
Grant to City of East Point for: Fund Changes Recovery Center in East Point.
Grant to City of Enigma for: Assistance with roof for the city hall.
Grant to City of Fairmount for: Engineering and design work for a downtown square.
Grant to City of Fargo for: Upgrade the recreation park.
Grant to City of Fitzgerald for: Equipment purchases for airport.
Grant to City of Flovilla for: Provide funds for the planning and design for a community center.
Grant to City of Flovilla for: Fund preliminary engineering study for wastewater treatment plant.
Grant to City of Glennville for: Renovate Glennville Community Center.
Grant to City of Hahira for: Jaws of life equipment.
Grant to City of Harlem for: Theatre restoration in downtown Harlem.
Grant to City of Hartwell for: Develop Hart County Historic Park.
Grant to City of Hawkinsville for: Provide funds for Hawkinsville Library.
Grant to City of Hawkinsville for: Equipment and maintenance of The Old Opera House.
Grant to City of Johns Creek for: Provide funding to Autrey Mill for historical restoration in the City of Johns Creek.
Grant to City of Kennesaw for: Complete a regional trail system.
Grant to City of Kingsland for: Provide general operating funding for Humane Society.
Grant to City of Lagrange for: Assist with developing a comprehensive water planning.

$7,500
$9,985
$30,000
$7,500 $7,500
$30,000
$25,000
$12,000 $15,000
$12,000 $5,000
$25,000
$25,000
$25,000
$14,500 $40,000 $10,000 $15,000
$10,000
$269,000
$50,000 $10,000
$25,000

FRIDAY, APRIL 13, 2007
Grant to City of Lawrenceville for: Funding for revitalization of downtown. Grant to City of Leesburg for: New computers for library. Grant to City of Lenox for: Build fire station. Grant to City of Lilburn for: Computers for patrol cars and provide for security lighting and emergency phones along city greenway walking trail. Grant to City of Lincolnton for: Emergency generator for sewer waste water plant. Grant to City of Lithonia for: Playground equipment and other items. Grant to City of Lithonia for: Provide arts supplies, games and entertainment system for Lithonia Senior Wellness Center. Grant to City of Ludowici for: Provide funding to help with addition to city hall. Grant to City of Ludowici for: Purchase a Intoxilyzer 5000 machine. Grant to City of Ludowici for: Renovate Ludowici City Hall. Grant to City of Ludowici for: Purchase police cars and Intoxilyzer. Grant to City of McDonough for: Children with disabilities athletic program. Grant to City of Meldrim for: Rejuvenate playground at Meldrim Memorial Park. Grant to City of Metter for: Improve walking trails for recreation department. Grant to City of Millen for: Construct a train viewing platform. Grant to City of Milton for: Provide funds to make restroom improvements at Bell Memorial Park. Grant to City of Monroe for: Construct pump stations. Grant to City of Nahunta for: Equipment to maintain the city. Grant to City of Nahunta for: Complete Nahunta Police Department Public Safety Center and Parking Lot. Grant to City of Newnan for: Construct a walking area within a park. Grant to City of Norcross for: Funding for Success Academy. Grant to City of Norman Park for: Purchase new police car. Grant to City of Oglethorpe for: Upgrade and maintenance of sewer lines. Grant to City of Orchard Hill for: Complete sewer project. Grant to City of Palmetto for: To assist Harris Chapel United Method Church in providing students with tutorial help.

2083
$15,000
$30,000 $20,000 $30,000
$20,000
$10,000 $7,000
$20,000
$5,495 $40,000 $25,000 $2,500
$25,000
$10,000
$20,000 $70,000
$10,000 $10,000 $12,000
$25,000 $40,000 $10,000 $10,000
$15,000 $8,000

2084

JOURNAL OF THE HOUSE

Grant to City of Parrott for: Build a metal building for fire trucks. Grant to City of Perry for: Public safety training center for police and fire dept. Grant to City of Perry for: Provide funds to the Rebound Center.
Grant to City of Perry for: Renovate Big Indian Creek. Grant to City of Pine Lake for: Improve water quality. Grant to City of Pinehurst for: Purchase tractor to help in cleaning up city and cutting grass. Grant to City of Ranger for: Training and purchase property to spur commercial growth. Grant to City of Rebecca for: Purchase equipment for fire truck.
Grant to City of Reidsville for: Provide funds to the City of Reidsville to pave roadways at the Reidsville city cemetery. Grant to City of Rincon for: New playground facility. Grant to City of Ringgold for: Assistance with interconnector to the Moccasin Bend Treatment Facility. Grant to City of Ringgold for: Repair Ringgold Depot and grounds. Grant to City of Rochelle for: Assist City of Rochelle with repairing their water system. Grant to City of Rome for: Construct and design the Roman Arches for the Rome Area Council for the Arts. Grant to City of Rome for: Improve and operate Chieftains Museum. Grant to City of Rossville for: Renovation and repair of public library. Grant to City of Roswell for: Funds will be used to match a grant to finished construction on new facilities.
Grant to City of Roswell for: Finish construction on new facilities at the Chattahoochee Nature Reserve. Grant to City of Sandy Springs for: Laser speed detection devices and laptops. Grant to City of Sandy Springs for: Personal protection equipment ballistics vest.
Grant to City of Savannah for: Exercise equipment for weight lifting center. Grant to City of Savannah for: Purchase vans. Grant to City of Savannah for: Fund services for at-risk children for daily after school program and summer program. Grant to City of Sharpsburg for: Provide consulting fees to develop multi-use trails.

$15,000 $15,000
$2,500 $15,000 $25,000 $15,000
$15,000
$7,995 $50,000
$15,000 $10,000
$15,000 $5,000
$70,000
$25,000 $30,000 $20,000
$100,000
$25,000
$40,000
$18,000
$15,000 $50,000
$10,000

FRIDAY, APRIL 13, 2007
Grant to City of Snellville for: Sidewalk construction, police video cameras and bucket truck. Grant to City of Soperton for: Construct new fire station. Grant to City of Sparta for: Fund summer work program. Grant to City of Statesboro for: Programming and workshops, special events and instructional programs pertaining to the arts. Grant to City of Statham for: Secure the city's ownership of their water source. Grant to City of Stillmore for: Purchase new fire truck. Grant to City of Stone Mountain for: Construct solid waste compactor facility. Grant to City of Stone Mountain for: Maintenance of historic trolley barn. Grant to City of Stone Mountain for: Subsidize instructor salaries for summer arts camp and fund scholarships. Grant to City of Stone Mountain for: Provide funds for renovation of city hall. Grant to City of Sugar Hill for: Renovation of concession restroom facilities in local park. Grant to City of Suwanee for: Construct a pedestrian bridge. Grant to City of Swainsboro for: Improvements to city recreation complex. Grant to City of Sylvester for: Replace telephone system. Grant to City of Tallapoosa for: Purchase a van for elderly senior center. Grant to City of Thomasville for: Engineering fees associated with the preparation of the airport industrial park. Grant to City of Thomson for: Replace breathing air system for the fire department. Grant to City of Tybee Island for: Aesthetic improvements on Main Street. Grant to City of Vidalia for: Construct new Vidalia Recreation Complex. Grant to City of Warm Springs for: Renovate the FDR Golf Course at Warm Springs. Grant to City of Warner Robins for: Provide funds for Robins Air Force Museum for math and science education. Grant to City of Warrenton for: Renovation of city hall.

2085
$25,000 $25,000 $10,000 $25,000 $15,000 $25,000 $25,000 $10,000 $10,000 $10,000 $20,000 $50,000 $10,000 $25,000 $25,000 $15,000 $25,000 $40,000 $20,000 $100,000 $10,000 $25,000

2086

JOURNAL OF THE HOUSE

Grant to City of Warwick for: Tractor to help in cleaning up city and cutting grass.
Grant to City of Washington for: Refurbish historic facility for after school youth center.
Grant to City of Waycross for: Provide funds to the Okefenokee Heritage Center to research and design exhibits.
Grant to City of Waycross for: Purchase computers, software and equipment for the Okefenokee Heritage Center.
Grant to City of Whitesburg for: Computers and desks for library.
Grant to City of Winterville for: Stabilization of historic building.
Grant to City of Wrightsville for: Remodel old fire house building to police headquarters.
Grant to City of Young Harris for: Funding for Accel program at Young Harris College.
Grant to Town of Sale City for: Electrical work, books and bookshelves for city library.
Grants to Other Governmental Entities
Grant to Albany-Dougherty Inner City for: Pay off interest incurred during the construction of the Flint RiverQuarium.
Grant to Atlanta BOE for: Create Student Resource Center for Frederick Douglass High School.
Grant to Atlanta BOE for: Provide funds to Herndon Elementary School for the After School Initiative.
Grant to Atlanta Development Authority for: Fund operations of CAMP (Community Alliance of Metropolitan Parkway).
Grant to Atlanta Development Authority for: Construct the Streetscape Project & Macon Drive Sidewalk Project for the Metropolitan Parkway.
Grant to Carroll County BOE for: Cost of new furniture and its installation for media center at Sandhill Elementary.
Grant to Clarke County BOE for: To improve the academic and life skills of school-aged youths.
Grant to Cobb County BOE for: New seating for auditorium for Pope High School.
Grant to Cobb County BOE for: Provide funding for classroom technology for Campbell High School.
Grant to Cobb County BOE for: Provide funding for classroom technology for Campbell Middle School.
Grant to Cobb County BOE for: Purchase new technology equipment

$15,000 $25,000 $6,000 $4,850 $20,000 $15,000 $25,000 $15,000 $10,000
$25,000 $50,000 $10,000 $25,000 $25,000
$15,000 $10,000 $50,000 $25,000 $25,000 $28,280

FRIDAY, APRIL 13, 2007
for Murdoch Elementary. Grant to Cobb County BOE for: South Cobb High School band. Grant to Columbia County BOE for: Assist high schools with athletic improvements (equally split among all Columbia County High Schools). Grant to Dekalb County BOE for: Provide funds to address the dropout rate for Dekalb County High Schools. Grant to Dekalb County BOE for: Purchase new equipment for student computer lab at Sequoyah Middle School. Grant to Dekalb County BOE for: Purchase new equipment for student computer lab at Hightower Elementary. Grant to Dekalb County BOE for: Purchase new equipment for student computer lab at Oakcliff Elementary. Grant to Dekalb County BOE for: Purchase new equipment for student computer lab at Ashford Park Elementary. Grant to Dekalb County BOE for: Purchase new equipment for student computer lab at Dresden Elementary. Grant to Dekalb County BOE for: Provide funds to Fernbank Elementary School for the playground renovation project. Grant to Dekalb County BOE for: General operating funding for outward bound center. Grant to Dekalb County BOE for: Operating funding for 100 Black Men of Dekalb. Grant to Floyd County BOE for: Construct indoor movement facility at McHenry Primary School. Grant to Floyd County BOE for: Resurface track at Pepperell High School. Grant to Gwinnett County BOE for: Construction of a physical health education classroom and activities facility. Grant to Gwinnett County BOE for: Construct Physical/Health Ed. Classroom for Grayson High School. Grant to Lake Allatoona Preservation Authority for: Restore water quality of Lake Allatoona. Grant to Pulaski County Board of Education for: To provide for infrastructure improvements for Pulaski County Board of Education. Grant to Putnam County BOE for: Purchase two greenhouses for Putnam County Schools. Grant to Tattnall County BOE for: Resurface track at Reidsville Middle School.

2087
$20,000 $40,000
$2,000 $3,000 $3,000 $3,000 $3,000 $3,000 $10,000 $20,000 $10,000 $75,000 $25,000 $30,000 $100,000 $75,000 $150,000 $25,000 $5,000

2088

JOURNAL OF THE HOUSE

Grant to Walton County BOE for: Completion of a health education complex.

$20,000

16.8. Regional Services

Purpose: 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

$2,134,134

State Funds

$2,134,134

State General Funds

$2,134,134

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$2,134,134

$2,134,134

Realize CNG savings by redirecting funds to the Administration program to train 6 staff members as examiners in the Georgia Oglethorpe Award Process.

$0

$0

Realize CNG savings by reducing telecommunications, computer charges, and regular operating expenses.

$0

$0

Add 1 rural economic development position and related operating expenses to implement economic development strategies in rural Georgia.

$0

$0

Amount appropriated in this Act

$2,134,134

$2,134,134

16.9. Rental Housing Programs

Purpose: 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

$62,854,222

Federal Funds and Grants

$56,556,858

Federal Funds Not specifically Identified

$56,556,858

Other Funding Sources

$3,009,535

Other Funds Not Specifically Identified

$3,009,535

State Funds

$3,287,829

State General Funds

$3,287,829

FRIDAY, APRIL 13, 2007

2089

16.10. Research and Surveys

Purpose: The purpose is to conduct surveys and collect financial/management data from local governments and authorities as directed by statute.

Total Funds

$578,685

State Funds

$578,685

State General Funds

$578,685

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$578,685

$578,685

Realize CNG savings by redirecting funds to the Administration program to train 6 staff members as examiners in the Georgia Oglethorpe Award Process.

$0

$0

Realize CNG savings by reducing telecommunications, computer charges, and regular operating expenses.

$0

$0

Amount appropriated in this Act

$578,685

$578,685

16.11. Special Housing Initiatives Purpose: The purpose is to provide funds for Special Housing Initiatives.
Total Funds Other Funding Sources
Other Funds Not Specifically Identified State Funds
State General Funds

$4,507,407 $1,174,515 $1,174,515 $3,332,892 $3,332,892

16.12. State Community Development Programs

Purpose: 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

$1,234,350

State Funds

$1,234,350

State General Funds

$1,234,350

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

2090

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB1027)
Realize CNG savings by redirecting funds to the Administration program to train 6 staff members as examiners in the Georgia Oglethorpe Award Process.
Realize CNG savings by reducing telecommunications, computer charges, and regular operating expenses.
Amount appropriated in this Act

State Funds $1,234,350
$0

Total Funds $1,234,350
$0

$0

$0

$1,234,350

$1,234,350

16.13. State Economic Development Program

Purpose: To facilitate and stimulate economic activity, private investment, and job creation by various means including making loans and grants.

Total Funds

$56,340,911

Federal Funds and Grants

$11,887

Federal Funds Not specifically Identified

$11,887

State Funds

$56,329,024

State General Funds

$56,329,024

The above amounts include the following adjustments, additions, and deletions to the

previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$9,779,024

$9,790,911

Realize CNG savings by redirecting funds to the Administration program to train 6 staff members as examiners in the Georgia Oglethorpe Award Process.

$0

$0

Realize CNG savings by reducing telecommunications, computer charges, and regular operating expenses.

$0

$0

Increase funds for the Regional Economic Business

$0

$0

Assistance (REBA) program to assist local

redevelopment authorities in creating comprehensive

economic development plans.

Provide funds to the West Point Development Authority for the Kia project development grant.

$46,550,000 $46,550,000

Amount appropriated in this Act

$56,329,024 $56,340,911

FRIDAY, APRIL 13, 2007

2091

The following appropriations are for agencies attached for administrative purposes.

16.14. Payments to Georgia Environmental Facilities Authority

Purpose: The purpose is to provide funds for the Georgia Rural Water Association and the Infrastructure Grant

Total Funds

$6,587,917

Other Funding Sources

$2,135

Other Funds Not Specifically Identified

$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 (HB1027)

$6,585,782

$6,587,917

Establish grant funds to acquire lands for the preservation and protection of Georgia's critical and essential watersheds and wildlife habitats within the Governor's Land Conservation program.

$0

$0

Provide funds for incentive grants for the reuse of treated wastewater to support growth and economic development.

$0

$0

Amount appropriated in this Act

$6,585,782

$6,587,917

16.15. Payments to Georgia Regional Transportation Authority

Purpose: 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

16.16. Payments to OneGeorgia Authority Purpose: The purpose is to provide funds for the OneGeorgia Authority.
Total Funds Other Funding Sources
Other Funds Not Specifically Identified State Funds

$47,385,364 $262,031 $262,031
$47,123,333

2092 Tobacco Funds

JOURNAL OF THE HOUSE

$47,123,333

Section 17: Community Health, Department of Total Funds Federal Funds and Grants
Medical Assistance Program State Children's Insurance Program Other Funding Sources Agency Funds Indigent Care Trust Fund - Public Hospital Authorities Other Funds Not Specifically Identified State Funds Tobacco Funds State General Funds Intra-State Government Transfers Health Insurance Payments

$11,348,460,299 $5,408,246,594 $5,096,419,896 $311,826,698 $854,067,328 $2,532,160
$158,537,322
$692,997,846 $2,655,472,052
$55,944,361 $2,599,527,691 $2,430,674,325 $2,430,674,325

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. For this purpose the appropriation of State General Funds for the Aged, Blind and Disabled Medicaid program will be the amount stated in the line item less the amount stated in the proviso in the program statement, to the extent that the proviso amount is used for PeachCare.

17.1. Administration

Purpose: To provide administrative support to all departmental programs.

Total Funds

$412,083,055

Federal Funds and Grants

$277,247,793

Medical Assistance Program

$268,967,904

State Children's Insurance Program

$8,279,889

FRIDAY, APRIL 13, 2007

2093

Other Funding Sources

$14,362,160

Agency Funds

$232,160

Other Funds Not Specifically Identified

$14,130,000

State Funds

$101,232,839

State General Funds

$101,232,839

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 (HB1027)

$87,102,839 $397,953,055

Add state funds to replace the loss of prior year funds for administrative services and the loss of onetime Upper Payment Limit funds.

$14,130,000

$14,130,000

Transfer state funds from the Low-Income Medicaid

$0

$0

program to the Administration program to provide 6

months funding for 3 eligibility positions (Total

Funds: $81,082).

Transfer $80,617 in other funds from the State Health Benefit Plan (SHBP) to the Administration program to provide 6 months funding for 2 accounting positions to audit payroll locations.

$0

$0

Redirect funds from the Aged, Blind and Disabled program to the Administration program to correctly reflect FY 2005 state funds reserved for benefits.

$0

$0

Realign funds in the Administration and the Aged, Blind and Disabled Medicaid programs to correctly reflect FY 2005 state funds reserved for benefits (Other Funds: $14,130,000).

$0

$0

Realize CNG savings by transferring funds from telecommunications ($18,384), contractual services ($8,824) and regular operating expenses ($973) in the Administration program to contractual services in the Health Care Access and Improvement program for the Health Improvement Advisory Board.

$0

$0

Provide 3 months funding for 2 legal services positions to provide support for member and provider appeals.

$0

$0

2094

JOURNAL OF THE HOUSE

Amount appropriated in this Act

$101,232,839 $412,083,055

17.2. Aged, Blind and Disabled Medicaid

Purpose: To improve healthcare access primarily to elderly and disabled individuals; provided however, that from within the State General Funds appropriation of $1,219,666,966 immediately below, the amount of $73,000,000 is appropriated for the purposes of the Aged, Blind and Disabled Medicaid and PeachCare programs.

Total Funds

$4,283,097,501

Federal Funds and Grants

$2,557,321,929

Medical Assistance Program

$2,557,321,929

Other Funding Sources

$506,108,606

Other Funds Not Specifically Identified

$506,108,606

State Funds

$1,219,666,966

State General Funds

$1,219,666,966

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027) $1,088,523,973 $4,151,954,508

Add state funds to replace the loss of prior year funds for administrative services and the loss of onetime Upper Payment Limit funds.

$58,142,993

$58,142,993

Pre-fund projected FY 2008 Medicaid expenses.

$73,000,000 $73,000,000

Redirect funds from the Aged, Blind and Disabled program to the Administration program to correctly reflect FY 2005 state funds reserved for benefits.

$0

$0

Realign funds in the Administration and the Aged, Blind and Disabled Medicaid programs to correctly reflect FY 2005 state funds reserved for benefits (Other Funds: $14,130,000).

$0

$0

Reflect actual roll-forward number as validated by the internal auditors and the State Auditor.

$0

$0

Amount appropriated in this Act

$1,219,666,966 $4,283,097,501

17.3. Health Care Access and Improvement

Purpose: To improve the health, wellness and access to healthcare for Georgians.

Total Funds

$11,499,455

Federal Funds and Grants

$549,838

Medical Assistance Program

$549,838

FRIDAY, APRIL 13, 2007

2095

Other Funding Sources

$100,000

Agency Funds

$100,000

State Funds

$10,849,617

State General Funds

$10,849,617

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$10,849,617 $11,499,455

Realize CNG savings by transferring funds from telecommunications ($18,384), contractual services ($8,824) and regular operating expenses ($973) in the Administration program to contractual services in the Health Care Access and Improvement program for the Health Improvement Advisory Board.

$0

$0

Provide funding for "new start" Community Health Centers to be administered and contracted with the Georgia Association for Primary Health Care; sites: Alma, Bacon County; Macon, Bibb County; Norcross, Gwinnett County; Lakeland, Lanier County; Athens, Clarke County and Augusta, Richmond County.

$0

$0

Provide funding for behavioral health services

$0

$0

integration with existing Community Health Centers

to be administered and contracted with the Georgia

Association for Primary Health Care; sites: East

Georgia Health Care Center, Inc. based in Emanuel

County, serving multi-county sites in Southeast

Georgia; Albany Area Primary Health Care, Inc.

based in Dougherty County, serving multi-county

sites in Southwest Georgia; Community Health Care

Systems, Inc. based in Washington County, serving

multi-county sites in East Georgia and Valley Health

Care System, Inc. based in Muscogee County,

serving multi-county sites in West Georgia.

Provide funding to The Georgia Association for Primary Health Care to complete the statewide Electronic Medical Records system to link the Federally Qualified Community Health Centers.

$0

$0

Amount appropriated in this Act

$10,849,617 $11,499,455

2096

JOURNAL OF THE HOUSE

17.4. Indigent Care Trust Fund

Purpose: To support rural and other healthcare providers, primarily hospitals, that serves medically indigent Georgians.

Total Funds

$926,058,155

Federal Funds and Grants

$580,196,024

Medical Assistance Program

$518,400,376

State Children's Insurance Program

$61,795,648

Other Funding Sources

$167,737,319

Agency Funds

$2,200,000

Indigent Care Trust Fund - Public Hospital Authorities

$158,537,322

Other Funds Not Specifically Identified

$6,999,997

State Funds

$178,124,812

State General Funds

$178,124,812

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$146,000,635 $816,861,620

Reflect actual roll-forward number as validated by the internal auditors and the State Auditor.

$0

$0

Reflect projected quality assessment fees for the Low-Income Medicaid program.

($5,988,928) ($15,608,361)

Reflect projected quality assessment fees for the PeachCare program.

$22,613,105 $84,408,753

Provide state funds match for federal Disproportionate Share Hospital (DSH) funds for private hospitals providing access to Georgia's uninsured citizens.

$15,500,000 $40,396,143

Amount appropriated in this Act

$178,124,812 $926,058,155

17.5. Low-Income Medicaid

Purpose: To improve healthcare access primarily to low-income individuals.

Total Funds

$2,634,834,223

Federal Funds and Grants

$1,574,329,108

Medical Assistance Program

$1,574,329,108

Other Funding Sources

$144,454,039

Other Funds Not Specifically Identified

$144,454,039

State Funds

$916,051,076

FRIDAY, APRIL 13, 2007

2097

Tobacco Funds

$50,973,656

State General Funds

$865,077,420

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$836,224,798 $2,555,007,945

Add state funds to replace the loss of prior year funds for administrative services and the loss of onetime Upper Payment Limit funds.

$79,826,278

$79,826,278

Pre-fund projected FY 2008 Medicaid expenses.

$0

$0

Transfer state funds from the Low-Income Medicaid

$0

$0

program to the Administration program to provide 6

months funding for 3 eligibility positions (Total

Funds: $81,082).

Reflect actual roll-forward number as validated by the internal auditors and the State Auditor.

$0

$0

Reflect cost avoidance by funded eligibility positions. (see item# 17.0.3)

$0

$0

Amount appropriated in this Act

$916,051,076 $2,634,834,223

17.6. Nursing Home Provider Fees

Purpose: 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

$286,955,608

Federal Funds and Grants

$176,850,741

Medical Assistance Program

$176,850,741

State Funds

$110,104,867

State General Funds

$110,104,867

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$99,287,176 $258,762,512

Increase the nursing home provider fees from $9.15 per bed day to $13.11 per bed day effective February 11, 2007. (CC:Increase the nursing home provider fees from $9.15 per bed day to $13.11 per bed day.)

$10,817,691

$28,193,096

2098

JOURNAL OF THE HOUSE

Amount appropriated in this Act

$110,104,867 $286,955,608

17.7. PeachCare

Purpose: To improve access to healthcare for qualified low-income Georgia children; provided however, that from within the State General Funds appropriation of $1,219,666,966 in the Aged, Blind and Disabled Medicaid program, the amount of $73,000,000 is appropriated for the purposes of the Aged, Blind and Disabled Medicaid and PeachCare programs.

Total Funds

$338,464,652

Federal Funds and Grants

$241,751,161

State Children's Insurance Program

$241,751,161

Other Funding Sources

$21,305,204

Other Funds Not Specifically Identified

$21,305,204

State Funds

$75,408,287

Tobacco Funds

$4,970,705

State General Funds

$70,437,582

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$67,159,673 $330,216,038

Reflect actual roll-forward number as validated by the internal auditors and the State Auditor.

$0

$0

Add funds to cover PeachCare growth.

$8,248,614

$8,248,614

Amount appropriated in this Act

$75,408,287 $338,464,652

17.8. State Health Benefit Plan

Purpose: 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:

FRIDAY, APRIL 13, 2007

2099

Amount from prior Appropriation Act (HB1027)
Transfer $80,617 in other funds from the State Health Benefit Plan (SHBP) to the Administration program to provide 6 months funding for 2 accounting positions to audit payroll locations.
Amount appropriated in this Act

State Funds Total Funds

$0 $2,411,434,062

$0

$0

$0 $2,411,434,062

The following appropriations are for agencies attached for administrative purposes.

17.9. Composite Board of Medical Examiners

Purpose: 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 (HB1027)

$2,202,555 $2,202,555

Amount appropriated in this Act

$2,202,555 $2,202,555

17.10. Georgia Board for Physician Workforce, Administration Purpose: To provide administrative support to all agency programs.
Total Funds State Funds
State General Funds

$559,455 $559,455 $559,455

17.11. Georgia Board for Physician Workforce, Graduate Medical Education

Purpose: To address the physician workforce needs of Georgia communities through the support and development of medical education programs.

Total Funds

$6,712,223

State Funds

$6,712,223

State General Funds

$6,712,223

2100

JOURNAL OF THE HOUSE

17.12. Georgia Board for Physician Workforce, Mercer School of Medicine

Purpose: 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

17.13. Georgia Board for Physician Workforce, Morehouse School of Medicine

Purpose: 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

17.14. Georgia Board for Physician Workforce, Undergraduate Medical Education

Purpose: 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

17.15. State Medical Education Board

Purpose: 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

Section 18: Corrections, Department of Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources

$1,024,846,682 $6,124,479 $6,124,479
$20,965,509

FRIDAY, APRIL 13, 2007

2101

Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers

$8,565,393 $12,400,116 $997,756,694 $997,756,694
$0

18.1. Administration

Purpose: To protect and serve the citizens of Georgia by providing an effective and efficient department that administers a balanced correctional system.

Total Funds

$55,578,000

Federal Funds and Grants

$1,836,000

Federal Funds Not specifically Identified

$1,836,000

State Funds

$53,742,000

State General Funds

$53,742,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$53,742,000 $55,578,000

Provide funds for increased utility costs ($737,694 from CNG savings).

$0

$0

Provide start-up and operating funds for the Pelham Pre-release Center (160 beds).

$0

$0

Amount appropriated in this Act

$53,742,000 $55,578,000

18.2. Bainbridge Probation Substance Abuse Treatment Center

Purpose: To provide a sanctioning option for probationers who require more security and supervision than provided by regular community supervision.

Total Funds

$4,746,473

Federal Funds and Grants

$20,743

Federal Funds Not specifically Identified

$20,743

Other Funding Sources

$7,046

Agency Funds

$7,046

State Funds

$4,718,684

State General Funds

$4,718,684

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

2102

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB1027) Provide funds for increased utility costs ($737,694 from CNG savings). Amount appropriated in this Act

State Funds $4,718,684
$0
$4,718,684

Total Funds $4,746,473
$0
$4,746,473

18.3. Detention Centers

Purpose: 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

$44,244,330

Federal Funds and Grants

$1,063,318

Federal Funds Not specifically Identified

$1,063,318

Other Funding Sources

$1,190,115

Other Funds Not Specifically Identified

$1,190,115

State Funds

$41,990,897

State General Funds

$41,990,897

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$41,990,897 $44,244,330

Provide funds for increased utility costs ($737,694 from CNG savings).

$0

$0

Amount appropriated in this Act

$41,990,897 $44,244,330

18.4. Food and Farm Operations

Purpose: To raise crops and livestock, and produce dairy items used in preparing meals for offenders.

Total Funds

$12,659,844

Federal Funds and Grants

$22,000

Federal Funds Not specifically Identified

$22,000

Other Funding Sources

$45,000

Agency Funds

$45,000

State Funds

$12,592,844

State General Funds

$12,592,844

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

FRIDAY, APRIL 13, 2007

2103

Amount from prior Appropriation Act (HB1027)
Provide funds for increased utility costs ($737,694 from CNG savings).
Provide start-up and operating funds for the Pelham Pre-release Center (160 beds).
Amount appropriated in this Act

State Funds $12,592,844
$0
$0
$12,592,844

Total Funds $12,659,844
$0
$0
$12,659,844

18.5. Health

Purpose: 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

Other Funding Sources

$8,464,209

Agency Funds

$8,464,209

State Funds

$176,024,038

State General Funds

$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 (HB1027)

$176,024,038 $184,488,247

Amount appropriated in this Act

$176,024,038 $184,488,247

18.6. Jail Subsidy

Purpose: 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

18.7. Offender Management

Purpose: To provide cost effective correctional services that ensure public safety.

Total Funds

$44,243,248

State Funds

$44,243,248

State General Funds

$44,243,248

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

2104

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB1027) Provide funds for increased utility costs ($737,694 from CNG savings). Amount appropriated in this Act

State Funds $44,243,248
$0
$44,243,248

Total Funds $44,243,248
$0
$44,243,248

18.8. Parole Revocation Centers

Purpose: To provide a sanction for parole violations.

Total Funds

$4,075,781

Federal Funds and Grants

$10,510

Federal Funds Not specifically Identified

$10,510

Other Funding Sources

$49,138

Agency Funds

$49,138

State Funds

$4,016,133

State General Funds

$4,016,133

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$4,016,133

$4,075,781

Provide funds for increased utility costs ($737,694 from CNG savings).

$0

$0

Amount appropriated in this Act

$4,016,133

$4,075,781

18.9. Private Prisons

Purpose: 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 (HB1027)

$76,785,722 $76,785,722

Provide funding for a 4% consumer price index increase for the state's 3 private prisons.

$0

$0

Amount appropriated in this Act

$76,785,722 $76,785,722

FRIDAY, APRIL 13, 2007

2105

18.10. Probation Diversion Centers

Purpose: 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

$14,857,854

Other Funding Sources

$2,812,861

Other Funds Not Specifically Identified

$2,812,861

State Funds

$12,044,993

State General Funds

$12,044,993

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$12,044,993 $14,857,854

Provide funds for increased utility costs ($737,694 from CNG savings).

$0

$0

Amount appropriated in this Act

$12,044,993 $14,857,854

18.11. Probation Supervision

Purpose: To supervise probationers.

Total Funds

$73,542,460

State Funds

$73,542,460

State General Funds

$73,542,460

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$73,542,460 $73,542,460

Provide funds for increased utility costs ($737,694 from CNG savings).

$0

$0

Amount appropriated in this Act

$73,542,460 $73,542,460

18.12. State Prisons

Purpose: To house violent or repeat criminals, or nonviolent inmates who have exhausted all other forms of punishment; provided however, that to the extent agency funds are available to the department, agency funds shall be applied to the State Prisons program to offset any deficits in this program.

Total Funds

$480,891,083

Federal Funds and Grants

$3,171,908

Federal Funds Not specifically Identified

$3,171,908

2106

JOURNAL OF THE HOUSE

Other Funding Sources

$8,397,140

Other Funds Not Specifically Identified

$8,397,140

State Funds

$469,322,035

State General Funds

$469,322,035

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$469,322,035 $480,891,083

Provide funds for increased utility costs ($737,694 from CNG savings).

$0

$0

Provide start-up and operating funds for the Pelham Pre-release Center (160 beds).

$0

$0

Amount appropriated in this Act

$469,322,035 $480,891,083

18.13. Transitional Centers

Purpose: 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

$23,935,148

State Funds

$23,935,148

State General Funds

$23,935,148

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$23,935,148 $23,935,148

Provide funds for increased utility costs ($737,694 from CNG savings).

$0

$0

Amount appropriated in this Act

$23,935,148 $23,935,148

Section 19: Defense, Department of Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources
Agency Funds State Funds

$46,351,950 $36,692,112 $36,692,112
$844,374 $844,374 $8,815,464

FRIDAY, APRIL 13, 2007

2107

State General Funds Intra-State Government Transfers

$8,815,464 $0

19.1. Administration

Purpose: To provide administration to the organized militia in the State of Georgia.

Total Funds

$1,366,222

Federal Funds and Grants

$140,489

Federal Funds Not specifically Identified

$140,489

State Funds

$1,225,733

State General Funds

$1,225,733

19.2. Military Readiness

Purpose: 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

$36,002,401

Federal Funds and Grants

$31,046,384

Federal Funds Not specifically Identified

$31,046,384

Other Funding Sources

$844,374

Agency Funds

$844,374

State Funds

$4,111,643

State General Funds

$4,111,643

19.3. Youth Educational Services

Purpose: To provide educational and vocational opportunities to at-risk youth in Georgia.

Total Funds

$8,983,327

Federal Funds and Grants

$5,505,239

Federal Funds Not specifically Identified

$5,505,239

State Funds

$3,478,088

State General Funds

$3,478,088

Section 20: Driver Services, Department of Total Funds Federal Funds and Grants

$54,152,849 $0

2108

JOURNAL OF THE HOUSE

Other Funding Sources Other Funds Not Specifically Identified
State Funds State General Funds
Intra-State Government Transfers

$721,456 $721,456 $53,431,393 $53,431,393
$0

20.1. Customer Service Support

Purpose: To administer License Issuance, Motor Vehicle Registration and Commercial Truck Compliance.

Total Funds

$8,777,916

Other Funding Sources

$857

Other Funds Not Specifically Identified

$857

State Funds

$8,777,059

State General Funds

$8,777,059

20.2. License Issuance

Purpose: To issue Georgia drivers license renewals through alternative methods.

Total Funds

$40,595,531

Other Funding Sources

$205,251

Other Funds Not Specifically Identified

$205,251

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 (HB1027)

$40,390,280 $40,595,531

Provide funds for one-time costs associated with 10 investigators and 10 motor vehicles for the Georgia SecureID initiative to protect the integrity of Georgia driver's licenses.

$0

$0

Provide funds to conduct a feasibility study for a new license issuance system.

$0

$0

Provide funds for one-time costs for 26 additional

$0

$0

positions, 2 motor vehicles, and operational costs for

new Customer Service Centers in Loganville and

Clayton.

FRIDAY, APRIL 13, 2007

2109

Provide funds to construct, on land provided by Glynn County, a new Brunswick Customer Service Center.
Amount appropriated in this Act

$0

$0

$40,390,280 $40,595,531

20.3. Regulatory Compliance

Purpose: 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

Other Funding Sources

$515,348

Other Funds Not Specifically Identified

$515,348

State Funds

$4,264,054

State General Funds

$4,264,054

Section 21: Early Care and Learning, Department of Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources
Other Funds Not Specifically Identified State Funds
Lottery Funds State General Funds Intra-State Government Transfers

$433,451,575 $119,641,989 $119,641,989
$155,000 $155,000 $313,654,586 $309,598,387 $4,056,199
$0

21.1. Child Care Services

Purpose: 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

$7,815,219

Federal Funds and Grants

$3,604,020

Federal Funds Not specifically Identified

$3,604,020

Other Funding Sources

$155,000

Other Funds Not Specifically Identified

$155,000

State Funds

$4,056,199

2110

JOURNAL OF THE HOUSE

State General Funds

$4,056,199

21.2. Nutrition

Purpose: To ensure that eligible children and adults receive USDA compliant meals.

Total Funds

$93,000,000

Federal Funds and Grants

$93,000,000

Federal Funds Not specifically Identified

$93,000,000

21.3. Pre-Kindergarten Program

Purpose: To provide funding, training, technical assistance, and oversight of Pre-K programs operated by public and private providers throughout the state.

Total Funds

$310,266,210

Federal Funds and Grants

$667,823

Federal Funds Not specifically Identified

$667,823

State Funds

$309,598,387

Lottery Funds

$309,598,387

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$301,953,447 $302,621,270

Transfer funds from the Georgia Student Finance Commission to fund an additional 1,586 slots, bringing the total Pre-K enrollment to 76,586.

$6,428,932

$6,428,932

Transfer funds from the Georgia Student Finance Commission to fund an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713% ($1,196,955) and an adjustment in the employer share of the retirement rate from 9.24% to 9.28% per HB 400 ($19,053).

$1,216,008

$1,216,008

Provide state funds to the Ferst Foundation for distribution of one book per month to children ages 0 to 5 years in participating counties.

$0

$0

Amount appropriated in this Act

$309,598,387 $310,266,210

21.4. Quality Initiatives
Purpose: 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.

FRIDAY, APRIL 13, 2007
Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified

2111
$22,370,146 $22,370,146 $22,370,146

Section 22: Economic Development, Department of Total Funds Federal Funds and Grants Other Funding Sources
Other Funds Not Specifically Identified State Funds
State General Funds Intra-State Government Transfers

$34,697,546 $0
$20,244 $20,244 $34,677,302 $34,677,302
$0

22.1. Administration

Purpose: 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

22.2. Business Recruitment and Expansion

Purpose: 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 (HB1027)

$7,011,795

$7,011,795

Provide funds for a rail spur to complete site development for the Kia Motors project.

$0

$0

Amount appropriated in this Act

$7,011,795

$7,011,795

2112

JOURNAL OF THE HOUSE

22.3. Film, Video and Music

Purpose: 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

22.4. Innovation & Technology

Purpose: 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 (HB1027)

$2,624,091

$2,624,091

Provide funds for economic development equipment for Herty Advance Materials Development Center.

$0

$0

Amount appropriated in this Act

$2,624,091

$2,624,091

22.5. International Relations and Trade

Purpose: 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

22.6. Small and Minority Business Development

Purpose: To provide guidance and support to agencies in maximizing access to state business opportunities for small and minority businesses.

Total Funds

$913,868

Other Funding Sources

$20,244

Other Funds Not Specifically Identified

$20,244

State Funds

$893,624

FRIDAY, APRIL 13, 2007

2113

State General Funds

$893,624

22.7. Tourism

Purpose: 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 (HB1027)

$12,061,348 $12,061,348

Provide funds for Civil War commemoration preparation and Resaca Battlefield development.

$0

$0

Provide funds for the Civil War Heritage Trails project.

$0

$0

Provide funds for the Historic Chattahoochee Commission.

$0

$0

Provide funds for the National Infantry Museum project.

$0

$0

Provide funds for Georgia Voyager magazine.

$0

$0

Provide funds for Zoo Atlanta's proposed new animal hospital.

$0

$0

Provide funds for Warner Robins Air Force base museum.

$0

$0

Provide funds for Washington-Wilkes County Level 3 Regional Visitor Information Center.

$0

$0

Provide funds for Tour de Georgia.

$0

$0

Amount appropriated in this Act

$12,061,348 $12,061,348

The following appropriations are for agencies attached for administrative purposes.

22.8. Civil War Commission
Purpose: 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.

2114

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Total Funds State Funds
State General Funds

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

22.9. Payments to Aviation Hall of Fame Authority

Purpose: 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

22.10. Payments to Georgia Golf Hall of Fame Authority

Purpose: 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

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$58,685

$58,685

Provide funds for operations.

$0

$0

Amount appropriated in this Act

$58,685

$58,685

22.11. Payments to Georgia Medical Center Authority Purpose: To provide funds to the Georgia Medical Center Authority.
Total Funds State Funds
State General Funds

$405,000 $405,000 $405,000

22.12. Payments to Georgia Music Hall of Fame Authority Purpose: To preserve Georgia's rich musical heritage.
Total Funds State Funds

$814,070 $814,070

FRIDAY, APRIL 13, 2007

2115

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 (HB1027)

$814,070

$814,070

Provide funds for operations.

$0

$0

Amount appropriated in this Act

$814,070

$814,070

22.13. Payments to Georgia Sports Hall of Fame Authority

Purpose: 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 (HB1027)

$741,895

$741,895

Provide funds for operations.

$0

$0

Amount appropriated in this Act

$741,895

$741,895

Section 23: Education, Department of Total Funds Federal Funds and Grants
TANF Block Grant Unobligated Balance Federal Funds Not specifically Identified Other Funding Sources Other Funds Not Specifically Identified State Funds Tobacco Funds State General Funds Intra-State Government Transfers

$8,521,018,894 $1,113,965,001
$200,000 $1,113,765,001
$12,391,307 $12,391,307 $7,394,662,586 $19,993,118 $7,374,669,468
$0

The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,546.20. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

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23.1. Academic Coach

Purpose: 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 (HB1027)

$6,166,710

$6,166,710

Align funding based on projected expenditures.

$0

$0

Amount appropriated in this Act

$6,166,710

$6,166,710

23.2. Agricultural Education

Purpose: 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 Funds and Grants

$126,577

Federal Funds Not specifically Identified

$126,577

Other Funding Sources

$450,000

Other Funds Not Specifically Identified

$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 (HB1027)

$8,108,659

$8,685,236

Add funds for the engineering and installation of a sewage treatment facility at the state FFA camp in Covington.

$0

$0

Amount appropriated in this Act

$8,108,659

$8,685,236

23.3. Central Office

Purpose: To act as a service oriented agency supporting local school districts.

Total Funds

$81,031,834

Federal Funds and Grants

$38,180,833

FRIDAY, APRIL 13, 2007

2117

Federal Funds Not specifically Identified

$38,180,833

Other Funding Sources

$6,899,025

Other Funds Not Specifically Identified

$6,899,025

State Funds

$35,951,976

State General Funds

$35,951,976

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$35,871,976 $80,951,834

Add funds to extend the consultant contract for the Governor's Education Finance Taskforce.

$80,000

$80,000

Increase funds for internal information technology support, including $433,558 in CNG savings, to offset the loss of one-time funds.

$0

$0

Add funds to support the operation of the Student Information System.

$0

$0

Amount appropriated in this Act

$35,951,976 $81,031,834

23.4. Charter Schools

Purpose: 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 Funds and Grants

$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 (HB1027)

$1,220,193

$7,949,904

Provide funds to promote the development of Charter Schools by providing financial assistance for planning grants; facility improvement, renovation and construction; and equipment purchases.

$0

$0

Amount appropriated in this Act

$1,220,193

$7,949,904

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23.5. Communities in Schools

Purpose: 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

23.6. Curriculum Development

Purpose: 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 Funds and Grants

$200,000

TANF Block Grant Unobligated Balance

$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 (HB1027)

$1,774,833

$1,974,833

Provide funds to develop 255 instructional video clips for the online Georgia Performance Standards (GPS) training.

$0

$0

Amount appropriated in this Act

$1,774,833

$1,974,833

23.7. Dropout Prevention Purpose: To reduce dropout rates for Georgia students.
Total Funds State Funds
State General Funds

$15,829,069 $15,829,069 $15,829,069

23.8. Equalization

Purpose: 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

$432,240,056

State Funds

$432,240,056

FRIDAY, APRIL 13, 2007

2119

State General Funds

$432,240,056

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$427,024,372 $427,024,372

Increase funding for a mid-term adjustment for Equalization Grants.

$5,215,684

$5,215,684

Amount appropriated in this Act

$432,240,056 $432,240,056

23.9. Federal Programs

Purpose: To coordinate federally funded programs and allocate federal funds to school systems.

Total Funds

$817,561,039

Federal Funds and Grants

$817,561,039

Federal Funds Not specifically Identified

$817,561,039

23.10. Foreign Language Purpose: 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

23.11. Fund Accounting

Purpose: 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

23.12. Georgia Learning Resources System (GLRS)

Purpose: 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 Funds and Grants

$5,117,573

Federal Funds Not specifically Identified

$5,117,573

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23.13. Georgia Virtual School

Purpose: 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

23.14. Georgia Youth Science and Technology

Purpose: 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

23.15. Governor's Honors Program

Purpose: 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

23.16. Information Technology Services

Purpose: 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

23.17. Local Five Mill Share

Purpose: 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

($1,440,071,253)

State Funds

($1,440,071,253)

State General Funds

($1,440,071,253)

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

FRIDAY, APRIL 13, 2007

2121

State Funds Total Funds

Amount from prior Appropriation Act (HB1027) ($1,440,262,506) ($1,440,262,506)

Adjust funding for Local Five Mill Share for school systems with declining tax digests.

$191,253

$191,253

Amount appropriated in this Act

($1,440,071,253) ($1,440,071,253)

23.18. National Board Certification

Purpose: 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

$12,294,628

State Funds

$12,294,628

State General Funds

$12,294,628

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$11,038,035 $11,038,035

Add funds to provide for a ten percent salary increase for new teachers achieving National Board Certification.

$1,256,593

$1,256,593

Amount appropriated in this Act

$12,294,628 $12,294,628

23.19. National Science Center and Foundation

Purpose: 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

23.20. Non-Quality Basic Education Grants

Purpose: To assure that sufficient funds are provided in order for the State's public school students to receive an effective education.

Total Funds

$22,518,346

State Funds

$22,518,346

State General Funds

$22,518,346

The above amounts include the following adjustments, additions, and deletions to the

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previous appropriation act:
Amount from prior Appropriation Act (HB1027) Align funding for High Performing Principals based on projected expenditures. Provide funds to local school systems for children in foster care to comply with SB 618. Amount appropriated in this Act

State Funds $21,088,674
$0
$1,429,672
$22,518,346

Total Funds $21,088,674
$0
$1,429,672
$22,518,346

23.21. Nutrition

Purpose: 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 Funds and Grants

$188,375,722

Federal Funds Not specifically Identified

$188,375,722

State Funds

$37,523,884

State General Funds

$37,523,884

23.22. Preschool Handicapped

Purpose: 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

23.23. Principal Supplements

Purpose: 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

23.24. Pupil Transportation

Purpose: 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

FRIDAY, APRIL 13, 2007

2123

State General Funds

$166,452,130

23.25. Quality Basic Education Program

Purpose: To provide funds to school systems for the instruction of students in grades K12 to ensure that Georgia's students are academically prepared for further education and the workplace.

Total Funds

$7,585,629,486

State Funds

$7,585,629,486

State General Funds

$7,585,629,486

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027) $7,419,025,063 $7,419,025,063

Provide a mid-term adjustment for enrollment growth of 2.65%.

$164,000,802 $164,000,802

Transfer funds for HB 400 from the Teachers' Retirement System (TRS) to the Department of Education to properly reflect the employer rate increase for TRS members from 9.24% to 9.28%.

$1,758,150

$1,758,150

Add funds to correct an error in the FTE count and provide for students at the Downing Clark Residential Treatment Center.

$452,876

$452,876

Add funds to correct a training and experience calculation error for Chickamauga City schools.

$72,918

$72,918

Provide funds to correct an FTE classification error in the QBE Middle School program for school systems in Barrow, Dawson, Hancock, Johnson, and Walker counties and in the QBE Vocational program in Jones County.

$319,677

$319,677

Amount appropriated in this Act

$7,585,629,486 $7,585,629,486

23.26. Regional Education Service Agencies (RESAs)

Purpose: 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

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23.27. School Improvement

Purpose: 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

Other Funding Sources

$100,000

Other Funds Not Specifically Identified

$100,000

State Funds

$11,636,228

State General Funds

$11,636,228

23.28. School Nurses

Purpose: 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

$19,993,118

State General Funds

$10,006,882

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$30,000,000 $30,000,000

Replace tobacco settlement funds with state general funds ($10,006,882) for school nurses.

$0

$0

Amount appropriated in this Act

$30,000,000 $30,000,000

23.29. Severely Emotionally Disturbed (SED)

Purpose: To provide statewide services to parents and educators of students with disabilities.

Total Funds

$75,558,578

Federal Funds and Grants

$7,724,112

Federal Funds Not specifically Identified

$7,724,112

State Funds

$67,834,466

State General Funds

$67,834,466

23.30. State Interagency Transfers Purpose: To provide health insurance to retired teachers and non certified personnel

FRIDAY, APRIL 13, 2007

2125

and to pass through funding via a contract. Total Funds Federal Funds and Grants Federal Funds Not specifically Identified State Funds State General Funds

$270,480,390 $18,888,697 $18,888,697
$251,591,693 $251,591,693

23.31. State Reading and Math Program

Purpose: 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 (HB1027)

$26,502,770 $26,502,770

Reduce funds based on projected expenditures.

$0

$0

Amount appropriated in this Act

$26,502,770 $26,502,770

23.32. State Schools

Purpose: 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

$21,258,964

Other Funding Sources

$932,715

Other Funds Not Specifically Identified

$932,715

State Funds

$20,326,249

State General Funds

$20,326,249

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$20,198,593 $21,131,308

Add funds to purchase textbooks and instructional materials for the Georgia Academy for the Blind.

$0

$0

Increase funding to properly reflect training and experience for state school teachers.

$127,656

$127,656

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Provide funding for Minor Repairs and Renovations (MRR) at the three state schools - the Georgia Academy for the Blind, the Atlanta Area School for the Deaf and the Georgia School for the Deaf.
Amount appropriated in this Act

$0

$0

$20,326,249 $21,258,964

23.33. Technology/Career Education

Purpose: To equip students with academic, technical and leadership skills.

Total Funds

$40,570,499

Federal Funds and Grants

$20,606,546

Federal Funds Not specifically Identified

$20,606,546

Other Funding Sources

$4,009,567

Other Funds Not Specifically Identified

$4,009,567

State Funds

$15,954,386

State General Funds

$15,954,386

23.34. Testing

Purpose: To adopt a student assessment program consisting of instruments, procedures, and policies necessary to implement the program.

Total Funds

$31,154,485

Federal Funds and Grants

$10,454,191

Federal Funds Not specifically Identified

$10,454,191

State Funds

$20,700,294

State General Funds

$20,700,294

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$20,459,829 $30,914,020

Complete the infrastructure around the Comprehensive Academic Performance Systems (CAPS) to include a secure online assessment system for educators.

$200,000

$200,000

Increase funds for Advanced Placement (AP)

$0

$0

($1,076,980) and Preliminary Scholastic Assessment

Test (PSAT) ($88,529) to reflect a higher number of

students taking the exams.

FRIDAY, APRIL 13, 2007

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Revise the Georgia Kindergarten Assessment Program (GKAP) to meet the new curriculum standards.
Amount appropriated in this Act

$40,465

$40,465

$20,700,294 $31,154,485

23.35. Tuition for the Multi-Handicapped

Purpose: 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 Funds and Grants Other Funding Sources
Agency Funds State Funds
State General Funds Intra-State Government Transfers
Retirement Payments

$27,927,184 $0
$2,516,963 $2,516,963 $8,083,095 $8,083,095 $17,327,126 $17,327,126

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 $101.12 per member for State Fiscal Year 2007.

24.1. Administration

Purpose: To collect employee and employer contributions, invest the accumulated funds, and disburse retirement benefits to members and beneficiaries.

Total Funds

$17,333,126

State Funds

$6,000

State General Funds

$6,000

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Intra-State Government Transfers Retirement Payments

$17,327,126 $17,327,126

24.2. Deferred Compensation

Purpose: 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

$2,516,963

Other Funding Sources

$2,516,963

Agency Funds

$2,516,963

24.3. Georgia Military Pension Fund

Purpose: 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 (HB1027)

$1,005,099

$1,005,099

Increase funding for the Georgia Military Pension Fund to the level required by the latest actuarial report.

$0

$0

Amount appropriated in this Act

$1,005,099

$1,005,099

24.4. Public School Employees' Retirement System

Purpose: 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

Section 25: Forestry Commission, State Total Funds Federal Funds and Grants

$39,714,730 $822,000

FRIDAY, APRIL 13, 2007

2129

Federal Funds Not specifically Identified Other Funding Sources
Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers

$822,000 $4,978,638
$836,694 $4,141,944 $33,914,092 $33,914,092
$0

25.1. Administration

Purpose: 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

Other Funding Sources

$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 (HB1027)

$4,491,830

$4,664,857

Transfer funds from the Administration program to the Forest Management program to accurately reflect expenditures.

$0

$0

Realize CNG savings by redirecting funds from the

$0

$0

Administration program to the Forest Protection

program to provide $19,069 for moderate fire season

equipment maintenance needs.

Amount appropriated in this Act

$4,491,830

$4,664,857

25.2. Forest Management

Purpose: 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 Funds and Grants

$552,000

Federal Funds Not specifically Identified

$552,000

Other Funding Sources

$627,500

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Agency Funds

$127,500

Other Funds Not Specifically Identified

$500,000

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 (HB1027)

$3,181,270

$4,360,770

Transfer funds from the Administration program to the Forest Management program to accurately reflect expenditures.

$0

$0

Amount appropriated in this Act

$3,181,270

$4,360,770

25.3. Forest Protection

Purpose: The purpose is to protect the public and forest resources.

Total Funds

$29,223,057

Federal Funds and Grants

$200,000

Federal Funds Not specifically Identified

$200,000

Other Funding Sources

$2,676,611

Agency Funds

$536,167

Other Funds Not Specifically Identified

$2,140,444

State Funds

$26,346,446

State General Funds

$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 (HB1027)

$26,346,446 $29,223,057

Realize CNG savings by redirecting funds from the

$0

$0

Administration program to the Forest Protection

program to provide $19,069 for moderate fire season

equipment maintenance needs.

Provide funds for 3 new crawlers and 24 environmental cab kits for crawlers.

$0

$0

Amount appropriated in this Act

$26,346,446 $29,223,057

25.4. Tree Improvement Purpose: The purpose is to provide quality, forest tree planting stock to Georgia

FRIDAY, APRIL 13, 2007

2131

landowners at reasonable prices without reliance on legislative appropriations.

Total Funds

$118,659

State Funds

$118,659

State General Funds

$118,659

25.5. Tree Seedling Nursery

Purpose: Producing adequate quantity of high quality forest tree seedlings for sale at reasonable cost to Georgia landowners.

Total Funds

$1,347,387

Federal Funds and Grants

$70,000

Federal Funds Not specifically Identified

$70,000

Other Funding Sources

$1,501,500

Other Funds Not Specifically Identified

$1,501,500

State Funds

($224,113)

State General Funds

($224,113)

Section 26: Governor, Office of the Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources
Other Funds Not Specifically Identified State Funds
State General Funds Intra-State Government Transfers

$58,514,241 $5,552,103 $5,552,103 $885,545 $885,545
$52,076,593 $52,076,593
$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.

26.1. Governor's Emergency Funds
Purpose: To provide emergency funds to draw on when disasters create extraordinary demands on government.

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Total Funds

$14,469,576

State Funds

$14,469,576

State General Funds

$14,469,576

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$3,469,576

$3,469,576

Provide funding to match federal grant funds to cover disaster assistance. (CC:Increase funds to

$11,000,000 $11,000,000

match a federal grant to cover disaster assistance

for the victims of the Spring 2007 tornadoes.)

Amount appropriated in this Act

$14,469,576 $14,469,576

26.2. Governor's Office

Purpose: 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 (HB1027)

$5,244,359

$5,244,359

Delete one-time funding for gubernatorial transition.

$0

$0

Create Governor's Litigation Fund for known legal expenses of executive branch agencies.

$0

$0

Amount appropriated in this Act

$5,244,359

$5,244,359

26.3. Office of Planning and Budget

Purpose: 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 following appropriations are for agencies attached for administrative

FRIDAY, APRIL 13, 2007

2133

purposes.

26.4. Arts, Georgia Council for the

Purpose: To provide general operation support and project support grants for art organizations.

Total Funds

$4,650,360

Federal Funds and Grants

$659,400

Federal Funds Not specifically Identified

$659,400

Other Funding Sources

$10,000

Other Funds Not Specifically Identified

$10,000

State Funds

$3,980,960

State General Funds

$3,980,960

26.5. Child Advocate, Office of the

Purpose: 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

26.6. Commission on Equal Opportunity

Purpose: 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 Funds and Grants

$387,217

Federal Funds Not specifically Identified

$387,217

State Funds

$662,395

State General Funds

$662,395

26.7. Consumer Affairs, Office of

Purpose: 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

Other Funding Sources

$567,689

Other Funds Not Specifically Identified

$567,689

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State Funds State General Funds

$6,448,274 $6,448,274

26.8. Georgia Emergency Management Agency

Purpose: 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 Funds and Grants

$4,127,556

Federal Funds Not specifically Identified

$4,127,556

Other Funding Sources

$307,856

Other Funds Not Specifically Identified

$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 (HB1027)

$2,112,817

$6,548,229

Provide funding for an uninterruptible power supply for the State Operations Center.

$0

$0

Amount appropriated in this Act

$2,112,817

$6,548,229

26.9. Homeland Security, Office of

Purpose: 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

26.10. Inspector General, Office of the State

Purpose: 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

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2135

26.11. Professional Standards Commission, Georgia

Purpose: To direct the preparation, certification, professional discipline and recruitment of educators in Georgia.

Total Funds

$6,966,421

Federal Funds and Grants

$111,930

Federal Funds Not specifically Identified

$111,930

State Funds

$6,854,491

State General Funds

$6,854,491

26.12. Student Achievement, Office of

Purpose: To improve student achievement and school completion in Georgia.

Total Funds

$1,429,376

Federal Funds and Grants

$266,000

Federal Funds Not specifically Identified

$266,000

State Funds

$1,163,376

State General Funds

$1,163,376

Section 27: Human Resources, Department of Total Funds Federal Funds and Grants
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 Community Services Block Grant Low-Income Home Energy Assistance TANF Block Grant Unobligated Balance

$3,099,320,295 $1,451,655,095
$345,458,864
$50,486,793 $55,335,941 $49,388,792 $17,348,033 $130,778,804
$4,203,961
$12,840,422
$50,960,435
$17,189,252 $18,970,241 $152,653,396

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Federal Funds Not specifically Identified Other Funding Sources
Agency Funds Other Funds Not Specifically Identified State Funds Tobacco Funds Brain and Spinal Injury Trust Fund State General Funds Intra-State Government Transfers Other Intra-State Government Payments

$546,040,161 $209,108,168 $185,333,800
$23,774,368 $1,432,526,488
$28,568,139 $3,007,691
$1,400,950,658 $6,030,544 $6,030,544

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

FRIDAY, APRIL 13, 2007

2137

subsidized employment.

27.1. Administration

Purpose: To provide administration and support for the Divisions and Operating Office.

Total Funds

$236,293,991

Federal Funds and Grants

$120,203,342

Temporary Assistance for Needy Families Block Grant

$22,801,557

Social Services Block Grant

$5,425,106

Child Care and Development Block Grant

$716,038

Foster Care Title IV-E

$8,109,514

Medical Assistance Program

$29,579,631

Preventive Health and Health Services Block Grant

$31,070

Community Services Block Grant

$4,069

Low-Income Home Energy Assistance

$346,557

Federal Funds Not specifically Identified

$53,189,800

Other Funding Sources

$5,872,059

Agency Funds

$2,247,708

Other Funds Not Specifically Identified

$3,624,351

State Funds

$110,218,587

Tobacco Funds

$321,984

State General Funds

$109,896,603

Intra-State Government Transfers

$3

Other Intra-State Government Payments

$3

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$110,218,587 $236,293,991

Adjust other funds in various programs to match actual expenditures.

$0

$0

Properly align fund sources to reflect flex amendments.

$0

$0

Amount appropriated in this Act

$110,218,587 $236,293,991

27.2. Adolescent and Adult Health Promotion Purpose: To provide education and services to promote the health and well being of

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Georgians. Activities include preventing teenage pregnancies, tobacco use prevention, cancer screening and prevention, and family planning services.

Total Funds

$46,344,966

Federal Funds and Grants

$28,078,087

Temporary Assistance for Needy Families Block Grant

$8,738,374

Maternal and Child Health Services Block Grant

$1,087,109

Medical Assistance Program

$25,632

Preventive Health and Health Services Block Grant

$41,694

TANF Block Grant Unobligated Balance

$11,858,523

Federal Funds Not specifically Identified

$6,326,755

State Funds

$18,266,879

Tobacco Funds

$4,874,988

State General Funds

$13,391,891

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$18,266,879 $46,344,969

Adjust other funds in various programs to match actual expenditures.

$0

($3)

Amount appropriated in this Act

$18,266,879 $46,344,966

27.3. Adoption Services

Purpose: To support and facilitate the safe permanent placement of children by prescreening families and providing support and financial services after adoption.

Total Funds

$69,586,470

Federal Funds and Grants

$36,632,278

Temporary Assistance for Needy Families Block Grant

$12,000,000

Federal Funds Not specifically Identified

$24,632,278

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 (HB1027)

$32,954,192 $69,586,471

Adjust other funds in various programs to match actual expenditures.

$0

($1)

Amount appropriated in this Act

$32,954,192 $69,586,470

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2139

27.4. Adult Addictive Disease Services

Purpose: To provide services to adults for the safe withdrawal from abused substances and promote a transition to productive living.

Total Funds

$70,391,538

Federal Funds and Grants

$26,315,437

Temporary Assistance for Needy Families Block Grant

$1

Prevention and Treatment of Substance Abuse Block Grant

$26,315,435

Federal Funds Not specifically Identified

$1

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 (HB1027)

$44,076,101 $70,391,545

Adjust other funds in various programs to match actual expenditures.

$0

($7)

Provide state funds to meet projected expenditures in state hospitals.

$0

$0

Amount appropriated in this Act

$44,076,101 $70,391,538

27.5. Adult Developmental Disabilities Services

Purpose: To provide evaluation, residential, support, and education services to promote independence for adults with developmental disabilities.

Total Funds

$330,416,562

Federal Funds and Grants

$92,136,871

Temporary Assistance for Needy Families Block Grant

$27,016,394

Social Services Block Grant

$30,636,459

Medical Assistance Program

$34,322,146

TANF Block Grant Unobligated Balance

$2

Federal Funds Not specifically Identified

$161,870

Other Funding Sources

$53,767,742

Agency Funds

$53,767,735

Other Funds Not Specifically Identified

$7

State Funds

$184,511,949

Tobacco Funds

$10,255,138

State General Funds

$174,256,811

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27.6. Adult Essential Health Treatment Services

Purpose: To provide treatment and services to low income Georgians with cancer, Georgians at risk of stroke or heart attacks, and refugees.

Total Funds

$11,303,114

Federal Funds and Grants

$1,334,612

Medical Assistance Program

$1

Preventive Health and Health Services Block Grant

$1,210,877

Federal Funds Not specifically Identified

$123,734

State Funds

$9,968,502

Tobacco Funds

$5,000,000

State General Funds

$4,968,502

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$9,968,502 $11,303,114

Increase funding to purchase factor concentrate for people with hemophilia who lack Medicaid, Medicare or other health insurance.

$0

$0

Amount appropriated in this Act

$9,968,502 $11,303,114

27.7. Adult Forensic Services

Purpose: To provide evaluation, treatment and residential services to adult clients referred by Georgia's criminal justice or corrections system.

Total Funds

$26,986,249

Federal Funds and Grants

$1,115,408

Federal Funds Not specifically Identified

$1,115,408

State Funds

$25,870,841

State General Funds

$25,870,841

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$25,870,841 $26,986,253

Adjust other funds in various programs to match actual expenditures.

$0

($4)

Amount appropriated in this Act

$25,870,841 $26,986,249

27.8. Adult Mental Health Services

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2141

Purpose: To provide evaluation, treatment, crisis stabilization, and residential services to adults with mental illness.

Total Funds

$182,148,604

Federal Funds and Grants

$12,427,929

Medical Assistance Program

$709,000

Community Mental Health Services Block Grant

$7,474,598

Federal Funds Not specifically Identified

$4,244,331

Other Funding Sources

$2,935,704

Agency Funds

$2,935,704

State Funds

$166,784,971

State General Funds

$166,784,971

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$162,284,971 $177,648,604

Provide continuation funding for the state hospital system deficit. Funds are to be distributed between the Adult Mental Health Services program and the Direct Care Support Services program to support direct care and clinical services for consumers.

$4,500,000

$4,500,000

Amount appropriated in this Act

$166,784,971 $182,148,604

27.9. Adult Nursing Home Services

Purpose: To provide skilled nursing home services to Georgian's with mental retardation or developmental disabilities.

Total Funds

$3,914,246

Federal Funds and Grants

$14,553

Social Services Block Grant

$1

Medical Assistance Program

$1

Federal Funds Not specifically Identified

$14,551

Other Funding Sources

$1,547,242

Agency Funds

$1,547,240

Other Funds Not Specifically Identified

$2

State Funds

$2,352,451

State General Funds

$2,352,451

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

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JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB1027) Adjust other funds in various programs to match actual expenditures. Amount appropriated in this Act

State Funds $2,352,451
$0
$2,352,451

Total Funds $3,914,246
$0
$3,914,246

27.10. After School Care

Purpose: To expand the provision of after school care services and draw down TANF maintenance of effort funds.

Total Funds

$34,000,000

Federal Funds and Grants

$11,000,000

Temporary Assistance for Needy Families Block Grant

$11,000,000

Other Funding Sources

$20,000,000

Other Funds Not Specifically Identified

$20,000,000

State Funds

$3,000,000

State General Funds

$3,000,000

27.11. Child and Adolescent Addictive Disease Services

Purpose: To provide services to children and adolescents for the safe withdrawal from abused substances and promote a transition to productive living.

Total Funds

$26,550,111

Federal Funds and Grants

$16,939,372

Medical Assistance Program

$1

Prevention and Treatment of Substance Abuse Block Grant

$14,452,912

Federal Funds Not specifically Identified

$2,486,459

State Funds

$9,610,739

State General Funds

$9,610,739

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$9,610,739 $26,550,114

Adjust other funds in various programs to match actual expenditures.

$0

($3)

Amount appropriated in this Act

$9,610,739 $26,550,111

27.12. Child and Adolescent Developmental Disabilities Services

FRIDAY, APRIL 13, 2007

2143

Purpose: To provide evaluation, residential, support, and education services to promote independence for children and adolescents with developmental disabilities.

Total Funds

$22,471,051

Federal Funds and Grants

$9,997,858

Temporary Assistance for Needy Families Block Grant

$3,487,988

Social Services Block Grant

$1

Medical Assistance Program

$6,509,867

TANF Block Grant Unobligated Balance

$1

Federal Funds Not specifically Identified

$1

State Funds

$12,473,193

State General Funds

$12,473,193

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$12,473,193 $22,471,055

Adjust other funds in various programs to match actual expenditures.

$0

($4)

Transfer the remaining contract funds from the American Association of Adapted Sports Program contract from the Department of Labor's Roosevelt Warm Springs Institute program to the Child and Adolescent Developmental Disabilities Services program.

$0

$0

Provide additional funding for American Association of Adapted Sports Program.

$0

$0

Amount appropriated in this Act

$12,473,193 $22,471,051

27.13. Child and Adolescent Forensic Services

Purpose: To provide evaluation, treatment and residential services to children and adolescents clients referred by Georgia's criminal justice or corrections system.

Total Funds

$4,083,114

Federal Funds and Grants

$276,007

Medical Assistance Program

$276,006

Federal Funds Not specifically Identified

$1

Other Funding Sources

$6

Agency Funds

$2

Other Funds Not Specifically Identified

$4

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State Funds

$2,869,514

State General Funds

$2,869,514

Intra-State Government Transfers

$937,587

Other Intra-State Government Payments

$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 (HB1027)

$2,869,514

$4,083,114

Adjust other funds in various programs to match actual expenditures.

$0

$0

Amount appropriated in this Act

$2,869,514

$4,083,114

27.14. Child and Adolescent Mental Health Services

Purpose: To provide evaluation, treatment, crisis stabilization, and residential services to children and adolescents with mental illness.

Total Funds

$73,897,686

Federal Funds and Grants

$5,368,941

Medical Assistance Program

$3,117

Community Mental Health Services Block Grant

$5,365,824

State Funds

$68,528,745

State General Funds

$68,528,745

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$68,528,745 $73,897,697

Adjust other funds in various programs to match actual expenditures.

$0

($11)

Amount appropriated in this Act

$68,528,745 $73,897,686

27.15. Child Care Services

Purpose: To investigate allegations of child abuse, abandonment and neglect and to provide services to protect the child and strengthen the family.

Total Funds

$232,824,075

Federal Funds and Grants

$175,018,410

Temporary Assistance for Needy Families Block Grant

$1

Social Services Block Grant

$90

Child Care and Development Block Grant

$54,619,903

FRIDAY, APRIL 13, 2007

2145

Federal Funds Not specifically Identified

$120,398,416

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 (HB1027)

$57,805,665 $232,824,076

Adjust other funds in various programs to match actual expenditures.

$0

($1)

Amount appropriated in this Act

$57,805,665 $232,824,075

27.16. Child Support Services

Purpose: 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 Funds and Grants

$51,081,316

Social Services Block Grant

$120,000

Federal Funds Not specifically Identified

$50,961,316

Other Funding Sources

$300,000

Agency Funds

$300,000

State Funds

$16,121,500

State General Funds

$16,121,500

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$16,121,500 $67,502,816

Properly align fund sources to reflect flex amendments.

$0

$0

Amount appropriated in this Act

$16,121,500 $67,502,816

27.17. Child Welfare Services

Purpose: To encourage and enforce the parental responsibility of paying financial support.

Total Funds

$253,827,694

Federal Funds and Grants

$176,567,396

Temporary Assistance for Needy Families Block Grant

$79,263,725

Social Services Block Grant

$8,264,167

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Foster Care Title IV-E

$16,809,925

Medical Assistance Program

$331,449

Federal Funds Not specifically Identified

$71,898,130

Other Funding Sources

$13,490,607

Agency Funds

$13,490,604

Other Funds Not Specifically Identified

$3

State Funds

$63,769,691

State General Funds

$63,769,691

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$63,769,691 $254,327,694

Decrease TANF funding for prevention of unnecessary placement activities.

$0

($500,000)

Amount appropriated in this Act

$63,769,691 $253,827,694

27.18. Direct Care Support Services

Purpose: To provide facility support services and direct patient support therapies.

Total Funds

$155,764,516

Federal Funds and Grants

$6,120,306

Medical Assistance Program

$6

Federal Funds Not specifically Identified

$6,120,300

Other Funding Sources

$42,343,799

Agency Funds

$42,343,799

State Funds

$102,207,457

State General Funds

$102,207,457

Intra-State Government Transfers

$5,092,954

Other Intra-State Government Payments

$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 (HB1027)

$97,707,457 $151,264,516

Adjust other funds in various programs to match actual expenditures.

$0

$0

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2147

Provide continuation funding for the state hospital system deficit. Funds are to be distributed between the Adult Mental Health Services and the Direct Care Support Services programs to support direct care and clinical services to consumers.
Amount appropriated in this Act

$4,500,000

$4,500,000

$102,207,457 $155,764,516

27.19. Elder Abuse Investigations and Prevention

Purpose: To prevent disabled adults and elder persons from abuse, exploitation and neglect, and investigate situations where it might have occurred.

Total Funds

$16,499,901

Federal Funds and Grants

$7,024,297

Social Services Block Grant

$2,279,539

Medical Assistance Program

$4,178,063

Federal Funds Not specifically Identified

$566,695

State Funds

$9,475,604

State General Funds

$9,475,604

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$9,475,604 $16,499,901

Properly align fund sources to reflect flex amendments.

$0

$0

Amount appropriated in this Act

$9,475,604 $16,499,901

27.20. Elder Community Living Services

Purpose: To provide Georgians who need nursing home level of care the option of remaining in their own communities.

Total Funds

$107,582,037

Federal Funds and Grants

$34,184,121

Social Services Block Grant

$3,761,430

Medical Assistance Program

$10,593,398

Federal Funds Not specifically Identified

$19,829,293

State Funds

$73,397,916

Tobacco Funds

$5,473,319

State General Funds

$67,924,597

The above amounts include the following adjustments, additions, and deletions to the

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previous appropriation act:
Amount from prior Appropriation Act (HB1027) Properly align fund sources to reflect flex amendments. Amount appropriated in this Act

State Funds $73,397,916
$0

Total Funds $107,582,037
$0

$73,397,916 $107,582,037

27.21. Elder Support Services

Purpose: 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

$8,873,388

Federal Funds and Grants

$5,470,220

Federal Funds Not specifically Identified

$5,470,220

State Funds

$3,403,168

Tobacco Funds

$2,527,073

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 (HB1027)

$3,403,168

$8,873,388

Properly align fund sources to reflect flex amendments.

$0

$0

Provide funding for Adult Day Services licensure as provided for in House Bill 318 (2003 Session).

$0

$0

Provide one-time funding for the expansion of the Ruth Byck Adult Day Care in Savannah, GA.

$0

$0

Amount appropriated in this Act

$3,403,168

$8,873,388

27.22. Eligibility Determination

Purpose: 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 Funds and Grants

$24,377,800

Medical Assistance Program

$24,377,800

State Funds

$25,928,044

State General Funds

$25,928,044

FRIDAY, APRIL 13, 2007

2149

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$25,928,044 $50,305,845

Adjust other funds in various programs to match actual expenditures.

$0

($1)

Amount appropriated in this Act

$25,928,044 $50,305,844

27.23. Emergency Preparedness/Trauma System Improvement

Purpose: To prepare for natural disasters, bioterrorism, and other emergencies as well as improving the capacity of the state's trauma system.

Total Funds

$7,041,272

Federal Funds and Grants

$1,147,511

Preventive Health and Health Services Block Grant

$1,147,504

Federal Funds Not specifically Identified

$7

State Funds

$5,893,761

State General Funds

$5,893,761

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$5,893,761

$7,041,272

Provide funding for antiviral medications to treat pandemic flu.

$0

$0

Provide funding for a research grant to discover proactive therapies for pandemic flu and other pathogenic viruses in collaboration with the University of Georgia.

$0

$0

Amount appropriated in this Act

$5,893,761

$7,041,272

27.25. Energy Assistance

Purpose: To assist low-income households in meeting their immediate home energy needs.

Total Funds

$18,623,684

Federal Funds and Grants

$18,623,684

Low-Income Home Energy Assistance

$18,623,684

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

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Amount from prior Appropriation Act (HB1027) Adjust other funds in various programs to match actual expenditures. Amount appropriated in this Act

State Funds $0 $0
$0

Total Funds $18,623,687
($3)
$18,623,684

27.26. Epidemiology

Purpose: To monitor, investigate, and respond to disease, injury, and other events of public health concern.

Total Funds

$5,609,588

Federal Funds and Grants

$372,351

Medical Assistance Program

$159,960

Preventive Health and Health Services Block Grant

$196,750

Federal Funds Not specifically Identified

$15,641

State Funds

$5,237,237

Tobacco Funds

$115,637

State General Funds

$5,121,600

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$5,237,237

$5,609,595

Adjust other funds in various programs to match actual expenditures.

$0

($7)

Provide funding for a specially equipped bus to perform sickle cell anemia testing throughout the state of Georgia.

$0

$0

Amount appropriated in this Act

$5,237,237

$5,609,588

27.27. Facility and Provider Regulation

Purpose: To inspect and license foster care residential facilities, child placing agencies, long term care and health care facilities.

Total Funds

$14,092,884

Federal Funds and Grants

$6,632,801

Medical Assistance Program

$2,242,375

Federal Funds Not specifically Identified

$4,390,426

State Funds

$7,460,083

State General Funds

$7,460,083

FRIDAY, APRIL 13, 2007

2151

27.28. Family Violence Services

Purpose: To provide safe shelter and related services for victims of family violence.

Total Funds

$10,501,380

Federal Funds and Grants

$5,849,430

Temporary Assistance for Needy Families Block Grant

$5,565,244

Federal Funds Not specifically Identified

$284,186

State Funds

$4,651,950

State General Funds

$4,651,950

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$4,651,950 $10,001,380

Increase TANF funding for family violence services.

$0

$500,000

Amount appropriated in this Act

$4,651,950 $10,501,380

27.29. Federal and Unobligated Balances

Purpose: To reflect balances of federal funds from prior years. No services are provided.

Total Funds

$131,448,509

Federal Funds and Grants

$131,448,509

TANF Block Grant Unobligated Balance

$110,856,906

Federal Funds Not specifically Identified

$20,591,603

27.30. Food Stamp Eligibility & Benefits

Purpose: To promote the nutritional well being of Georgia's low-income families and children by providing assistance in purchasing groceries.

Total Funds

$53,632,272

Federal Funds and Grants

$29,693,546

Federal Funds Not specifically Identified

$29,693,546

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 (HB1027)

$23,938,726 $53,632,273

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Adjust other funds in various programs to match actual expenditures.
Amount appropriated in this Act

$0 $23,938,726

($1) $53,632,272

27.31. Immunization

Purpose: To provide immunization, consultation, training, assessment, vaccines and technical assistance.

Total Funds

$18,031,001

Federal Funds and Grants

$8,817,897

Maternal and Child Health Services Block Grant

$6,762,746

Medical Assistance Program

$1

Preventive Health and Health Services Block Grant

$703,712

Federal Funds Not specifically Identified

$1,351,438

State Funds

$9,213,104

State General Funds

$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 (HB1027)

$9,213,104 $18,031,002

Adjust other funds in various programs to match actual expenditures.

$0

($1)

Amount appropriated in this Act

$9,213,104 $18,031,001

27.32. Infant and Child Essential Health Treatment Services

Purpose: To avoid unnecessary health problems in later life by providing comprehensive health services to infant and children.

Total Funds

$48,066,684

Federal Funds and Grants

$11,496,480

Maternal and Child Health Services Block Grant

$7,960,921

Medical Assistance Program

$354,742

Preventive Health and Health Services Block Grant

$267,356

Federal Funds Not specifically Identified

$2,913,461

State Funds

$36,570,204

State General Funds

$36,570,204

27.33. Infant and Child Health Promotion

FRIDAY, APRIL 13, 2007

2153

Purpose: To provide education and services to promote health and nutrition for infants and children.

Total Funds

$110,716,563

Federal Funds and Grants

$92,696,153

Maternal and Child Health Services Block Grant

$1,258,688

Medical Assistance Program

$5,929,362

Preventive Health and Health Services Block Grant

$156,221

Federal Funds Not specifically Identified

$85,351,882

Other Funding Sources

$2,281,920

Agency Funds

$2,281,919

Other Funds Not Specifically Identified

$1

State Funds

$15,738,490

State General Funds

$15,738,490

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$15,738,490 $110,716,563

Provide funding for newborn screening activities to replace fees lost in the change of implementation date.

$0

$0

Provide additional funding for the Babies Born Healthy program.

$0

$0

Amount appropriated in this Act

$15,738,490 $110,716,563

27.34. Infectious Disease Control

Purpose: To ensure quality prevention and treatment of HIV/AIDS, sexually transmitted diseases, tuberculosis, and other infectious diseases.

Total Funds

$46,632,609

Federal Funds and Grants

$11,144,644

Maternal and Child Health Services Block Grant

$83,866

Medical Assistance Program

$4

Federal Funds Not specifically Identified

$11,060,774

Other Funding Sources

$150,000

Other Funds Not Specifically Identified

$150,000

State Funds

$35,337,965

State General Funds

$35,337,965

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27.35. Injury Prevention

Purpose: To provide education and services to prevent injuries due to suicide, fires, automobile accidents, violence against women, shaken babies, and child accidents.

Total Funds

$1,046,635

Federal Funds and Grants

$112,013

Medical Assistance Program

$1

Preventive Health and Health Services Block Grant

$112,005

Federal Funds Not specifically Identified

$7

State Funds

$934,622

State General Funds

$934,622

27.36. Inspections and Environmental Hazard Control

Purpose: 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

$15,015,325

Federal Funds and Grants

$543,737

Maternal and Child Health Services Block Grant

$194,703

Medical Assistance Program

$12,258

Preventive Health and Health Services Block Grant

$336,772

Federal Funds Not specifically Identified

$4

State Funds

$14,471,588

State General Funds

$14,471,588

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$14,471,588 $15,015,326

Adjust other funds in various programs to match actual expenditures.

$0

($1)

Amount appropriated in this Act

$14,471,588 $15,015,325

27.37. Out-of-Home Care

Purpose: To provide safe and appropriate temporary homes for children removed from their families due to neglect, abuse, or abandonment.

Total Funds

$305,403,203

Federal Funds and Grants

$90,971,341

Temporary Assistance for Needy Families Block Grant

$61,940,799

FRIDAY, APRIL 13, 2007

2155

Foster Care Title IV-E Federal Funds Not specifically Identified Other Funding Sources Agency Funds State Funds State General Funds

$24,469,353 $4,561,189
$66,419,089 $66,419,089 $148,012,773 $148,012,773

27.38. Refugee Assistance

Purpose: To provide employment, health screening, medical, cash, and social services assistance to refugees.

Total Funds

$3,184,010

Federal Funds and Grants

$3,184,010

Federal Funds Not specifically Identified

$3,184,010

27.39. Substance Abuse Prevention Services

Purpose: 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

$11,271,177

Federal Funds and Grants

$10,512,486

Prevention and Treatment of Substance Abuse Block Grant

$10,192,088

Federal Funds Not specifically Identified

$320,398

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 (HB1027)

$758,691 $11,271,181

Adjust other funds in various programs to match actual expenditures.

$0

($4)

Amount appropriated in this Act

$758,691 $11,271,177

27.40. Support for Needy Families - Basic Assistance

Purpose: 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

$99,968,339

Federal Funds and Grants

$85,568,339

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Temporary Assistance for Needy Families Block Grant TANF Block Grant Unobligated Balance State Funds State General Funds

$55,630,375 $29,937,964 $14,400,000 $14,400,000

27.41. Support for Needy Families - Family Assistance

Purpose: 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

$82,028,899

Federal Funds and Grants

$64,126,846

Temporary Assistance for Needy Families Block Grant

$24,877,127

Medical Assistance Program

$9,905,211

Community Services Block Grant

$17,185,183

Federal Funds Not specifically Identified

$12,159,325

State Funds

$17,902,053

State General Funds

$17,902,053

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$17,902,053 $82,028,899

Provide funding for DFCS office expansions,

$0

$0

renovations, or relocations in the following counties:

Oconee ($50,000), Walton ($120,000), Carroll

($245,000) and Treutlen ($49,000).

Amount appropriated in this Act

$17,902,053 $82,028,899

27.42. Support for Needy Families - Work Assistance

Purpose: 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

$57,687,281

Federal Funds and Grants

$31,687,281

Temporary Assistance for Needy Families Block Grant

$31,687,279

Medical Assistance Program

$1

Federal Funds Not specifically Identified

$1

State Funds

$26,000,000

State General Funds

$26,000,000

FRIDAY, APRIL 13, 2007

2157

27.43. Vital Records

Purpose: To register, enter, archive and provide to the public in a timely manner, vital records and associated documents.

Total Funds

$2,586,845

Federal Funds and Grants

$360,702

Federal Funds Not specifically Identified

$360,702

State Funds

$2,226,143

State General Funds

$2,226,143

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$2,226,143

$2,586,847

Adjust other funds in various programs to match actual expenditures.

$0

($2)

Amount appropriated in this Act

$2,226,143

$2,586,845

The following appropriations are for agencies attached for administrative purposes.

27.44. Brain and Spinal Injury Trust Fund

Purpose: 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

27.45. Child Fatality Review Panel

Purpose: To permit low income families to be self-reliant while protecting the safety and well-being of their children by ensuring access to child care.

Total Funds

$338,832

State Funds

$338,832

State General Funds

$338,832

27.46. Children's Trust Fund Commission
Purpose: To support the establishment of community-based educational and service programs designed to reduce the occurrence of child abuse and neglect.

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Total Funds

$7,494,828

Federal Funds and Grants

$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 (HB1027)

$7,244,828

$7,494,830

Adjust other funds in various programs to match actual expenditures.

$0

($2)

Provide one-time funding to the Children's Advocacy Centers of Georgia for a web-based case tracking system.

$0

$0

Amount appropriated in this Act

$7,244,828

$7,494,828

27.47. Council on Aging

Purpose: 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

27.48. Developmental Disabilities, Council on

Purpose: To promote quality services and support for people with developmental disabilities and their families.

Total Funds

$2,291,707

Federal Funds and Grants

$2,262,002

Federal Funds Not specifically Identified

$2,262,002

State Funds

$29,705

State General Funds

$29,705

27.49. Family Connection

Purpose: To provide a statewide network of county collaboratives that work to improve conditions for children and families.

Total Funds

$11,856,343

Federal Funds and Grants

$2,468,771

FRIDAY, APRIL 13, 2007

2159

Temporary Assistance for Needy Families Block Grant Medical Assistance Program State Funds State General Funds

$1,200,000 $1,268,771 $9,387,572 $9,387,572

27.50. Sexual Offender Registration Review Board

Purpose: To protect the citizens of Georgia by ensuring the proper level classification of a convicted sexual offender prior to release from confinement.

Total Funds

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$0

$0

Provide funding for the Sexual Offender Registration Review Board.

$0

$0

Amount appropriated in this Act

$0

$0

Section 28: Insurance, Department of Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources
Other Funds Not Specifically Identified State Funds
State General Funds Intra-State Government Transfers

$18,738,528 $954,555 $954,555 $97,232 $97,232
$17,686,741 $17,686,741
$0

28.1. Administration

Purpose: 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

28.2. Enforcement

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Purpose: 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

28.3. Fire Safety

Purpose: 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 Funds and Grants

$954,555

Federal Funds Not specifically Identified

$954,555

Other Funding Sources

$97,232

Other Funds Not Specifically Identified

$97,232

State Funds

$5,134,731

State General Funds

$5,134,731

28.4. Industrial Loan

Purpose: 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

28.5. Insurance Regulation

Purpose: 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

28.6. Special Fraud

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

Total Funds

$3,102,764

State Funds

$3,102,764

FRIDAY, APRIL 13, 2007 State General Funds

2161 $3,102,764

Section 29: Investigation, Georgia Bureau of Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources
Other Funds Not Specifically Identified State Funds
State General Funds Intra-State Government Transfers

$100,652,789 $29,883,487 $29,883,487 $4,887,711 $4,887,711 $65,881,591 $65,881,591 $0

29.1. Administration

Purpose: 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 Funds and Grants

$6,812

Federal Funds Not specifically Identified

$6,812

Other Funding Sources

$1,434

Other Funds Not Specifically Identified

$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 (HB1027)

$9,634,077

$9,642,323

Realize CNG savings by redirecting funds to the Regional Investigative Services program ($74,157 total) to fund one-time costs associated with the Meth Force enhancement.

$0

$0

Amount appropriated in this Act

$9,634,077

$9,642,323

29.2. Centralized Scientific Services
Purpose: To provide analysis of illicit and licit drugs, unknown substances and fire debris evidence.

2162

JOURNAL OF THE HOUSE

Total Funds

$12,609,152

Other Funding Sources

$3,601

Other Funds Not Specifically Identified

$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 (HB1027)

$12,605,551 $12,609,152

Realize CNG savings by redirecting funds to the Regional Investigative Services program ($74,157 total) to fund one-time costs associated with the Meth Force enhancement.

$0

$0

Realign personal services in Regional Forensic

$0

$0

Services and Centralized Scientific Services

programs to accurately reflect program expenditures.

Amount appropriated in this Act

$12,605,551 $12,609,152

29.3. Criminal Justice Information Services

Purpose: To provide fingerprint identification and processing of criminal history source documents to create and update criminal history records.

Total Funds

$9,681,238

Other Funding Sources

$2,604

Other Funds Not Specifically Identified

$2,604

State Funds

$9,678,634

State General Funds

$9,678,634

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$9,678,634

$9,681,238

Realize CNG savings by redirecting funds to the Regional Investigative Services program ($74,157 total) to fund one-time costs associated with the Meth Force enhancement.

$0

$0

Amount appropriated in this Act

$9,678,634

$9,681,238

29.4. Georgia Information Sharing and Analysis Center (GISAC)

FRIDAY, APRIL 13, 2007

2163

Purpose: 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-theclock access to needed information.

Total Funds

$824,753

Other Funding Sources

$479

Other Funds Not Specifically Identified

$479

State Funds

$824,274

State General Funds

$824,274

29.5. Regional Forensic Services

Purpose: To provide pathology services to determine cause and manner of death.

Total Funds

$8,217,921

Other Funding Sources

$2,255

Other Funds Not Specifically Identified

$2,255

State Funds

$8,215,666

State General Funds

$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 (HB1027)

$8,215,666

$8,217,921

Realign personal services in Regional Forensic

$0

$0

Services and Centralized Scientific Services

programs to accurately reflect program expenditures.

Amount appropriated in this Act

$8,215,666

$8,217,921

29.6. Regional Investigative Services

Purpose: To identify, collect, preserve and process evidence located during crime scene examinations.

Total Funds

$21,057,463

Other Funding Sources

$204,482

Other Funds Not Specifically Identified

$204,482

State Funds

$20,852,981

State General Funds

$20,852,981

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$20,852,981 $21,057,463

2164

JOURNAL OF THE HOUSE

Realize CNG savings by redirecting funds to the Regional Investigative Services program ($74,157 total) to fund one-time costs associated with the Meth Force enhancement.
Provide funds for one-time costs associated with adding 8 additional special agent positions and adding 4 computer forensic positions and filling one vacancy for the Child Safety Initiative.
Provide funds for one-time costs associated with adding 3 special agent positions for the Georgia SecureID initiative.
Provide funds for one-time costs associated with filling 9 vacant special agent positions and adding 6 agent positions for the Meth Force Enhancement ($339,153). An additional $74,157 of CNG cost savings will also be redirected to this initiative for a total of $413,310.
Amount appropriated in this Act

$0

$0

$0

$0

$0

$0

$0

$0

$20,852,981 $21,057,463

29.7. Special Operations Unit

Purpose: 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

$784,354

Other Funding Sources

$200

Other Funds Not Specifically Identified

$200

State Funds

$784,154

State General Funds

$784,154

29.8. State Healthcare Fraud Unit

Purpose: To identify, arrest and prosecute providers of health care services who defraud the Medicaid Program.

Total Funds

$1,124,508

Other Funding Sources

$387

Other Funds Not Specifically Identified

$387

State Funds

$1,124,121

State General Funds

$1,124,121

FRIDAY, APRIL 13, 2007

2165

29.9. Task Forces

Purpose: To provide the GBI supervisory support to 12 federally funded multijurisdictional drug task forces.

Total Funds

$1,079,053

Other Funding Sources

$376

Other Funds Not Specifically Identified

$376

State Funds

$1,078,677

State General Funds

$1,078,677

The following appropriations are for agencies attached for administrative purposes.

29.10. Criminal Justice Coordinating Council

Purpose: 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 Funds and Grants

$29,876,675

Federal Funds Not specifically Identified

$29,876,675

Other Funding Sources

$4,671,893

Other Funds Not Specifically Identified

$4,671,893

State Funds

$1,083,456

State General Funds

$1,083,456

Section 30: Juvenile Justice, Department of Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources
Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers

$319,020,177 $2,932,743 $2,932,743
$18,380,323 $4,022,803 $14,357,520 $297,707,111 $297,707,111
$0

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30.1. Administration

Purpose: 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

$27,054,841

Other Funding Sources

$199,673

Agency Funds

$199,673

State Funds

$26,855,168

State General Funds

$26,855,168

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$26,855,168 $27,054,841

Realign program funds to associate expenditures with program activities by transferring funds from the Secure Commitment program to the Administration program and to the Community Supervision program.

$0

$0

Realign funds to correctly associate regular operating expenses incurred by facility-based investigators to actual program activities by transferring funds from the Secure Commitment program and the Secure Detention program to the Administration program.

$0

$0

Adjust department position count to accurately reflect the number of active employees.

$0

$0

Realign funds to provide for a full-time psychiatrist for behavioral health services in various secure facilities, and add 1 position.

$0

$0

Amount appropriated in this Act

$26,855,168 $27,054,841

30.2. Community Non-Secure Commitment

Purpose: 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

$56,020,099

Other Funding Sources

$10,002,619

Other Funds Not Specifically Identified

$10,002,619

FRIDAY, APRIL 13, 2007

2167

State Funds

$46,017,480

State General Funds

$46,017,480

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$46,017,480 $56,020,099

Provide funding to the Peachstate Wrap-around Initiative (KidsNet) to develop a coordinated community of care for children and their families.

$0

$0

Amount appropriated in this Act

$46,017,480 $56,020,099

30.3. Community Supervision

Purpose: The purpose is to protect the public, hold youth accountable for their actions, and assist youth in becoming law-abiding citizens.

Total Funds

$47,093,993

Other Funding Sources

$4,354,901

Other Funds Not Specifically Identified

$4,354,901

State Funds

$42,739,092

State General Funds

$42,739,092

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$42,739,092 $47,093,993

Realign program funds to associate expenditures with program activities by transferring funds from the Secure Commitment program to the Administration program and to the Community Supervision program.

$0

$0

Realign funds to correctly associate regular operating expenses incurred by facility-based investigators to actual program activities by transferring funds from the Secure Commitment program and the Secure Detention program to the Administration program.

$0

$0

Amount appropriated in this Act

$42,739,092 $47,093,993

30.4. Secure Commitment (YDCs) Purpose: The purpose is to protect the public, hold youth accountable for their actions,

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and assist juvenile offenders in becoming law-abiding citizens.

Total Funds

$89,006,160

Federal Funds and Grants

$1,071,666

Federal Funds Not specifically Identified

$1,071,666

Other Funding Sources

$2,206,194

Agency Funds

$2,206,194

State Funds

$85,728,300

State General Funds

$85,728,300

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$85,728,300 $89,006,160

Realign program funds to associate expenditures with program activities by transferring funds from the Secure Commitment program to the Administration program and to the Community Supervision program.

$0

$0

Realign funds to correctly associate regular operating expenses incurred by facility-based investigators to actual program activities by transferring funds from the Secure Commitment program and the Secure Detention program to the Administration program.

$0

$0

Provide funds for increased utility costs.

$0

$0

Provide funding for the Savannah River Challenge YDC facility contract to isolate lesser offenders sentenced as Short-Term Program placements from more aggravated offenders in other YDC facilities.

$0

$0

Amount appropriated in this Act

$85,728,300 $89,006,160

30.5. Secure Detention (RYDCs)

Purpose: 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

$96,583,137

Other Funding Sources

$1,616,936

Agency Funds

$1,616,936

State Funds

$94,966,201

State General Funds

$94,966,201

FRIDAY, APRIL 13, 2007

2169

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$94,966,201 $96,583,137

Realign funds to correctly associate regular operating expenses incurred by facility-based investigators to actual program activities by transferring funds from the Secure Commitment program and the Secure Detention program to the Administration program.

$0

$0

Provide funds for increased utility costs.

$0

$0

Adjust department position count to accurately reflect the number of active employees.

$0

$0

Amount appropriated in this Act

$94,966,201 $96,583,137

The following appropriations are for agencies attached for administrative purposes.

30.6. Children and Youth Coordinating Council

Purpose: The purpose is to assist local communities in preventing and reducing juvenile delinquency.

Total Funds

$3,261,947

Federal Funds and Grants

$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 (HB1027)

$1,400,870

$3,261,947

Adjust federal funds to appropriately match expenditures.

$0

$0

Amount appropriated in this Act

$1,400,870

$3,261,947

Section 31: Labor, Department of Total Funds

$353,397,128

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Federal Funds and Grants Federal Funds Not specifically Identified
Other Funding Sources Other Funds Not Specifically Identified
State Funds State General Funds
Intra-State Government Transfers

$260,940,826 $260,940,826
$40,798,678 $40,798,678 $51,657,624 $51,657,624
$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.

31.1. Administration - Department of Labor

Purpose: 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 Funds and Grants

$10,607,019

Federal Funds Not specifically Identified

$10,607,019

State Funds

$3,221,668

State General Funds

$3,221,668

31.2. Administration - Division of Rehabilitation

Purpose: To help people with disabilities to become fully productive members of society by achieving independence and meaningful employment.

Total Funds

$3,577,698

Federal Funds and Grants

$1,383,518

Federal Funds Not specifically Identified

$1,383,518

State Funds

$2,194,180

State General Funds

$2,194,180

FRIDAY, APRIL 13, 2007

2171

31.3. Business Enterprise Program

Purpose: To assist people who are blind in becoming successful contributors to the state's economy.

Total Funds

$1,736,387

Federal Funds and Grants

$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 (HB1027)

$420,302

$1,736,387

Reduce funding for 2 positions added in FY 2007 to reflect the projected hire date.

$0

$0

Amount appropriated in this Act

$420,302

$1,736,387

31.4. Commission on Women

Purpose: 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

31.5. Disability Adjudication Section

Purpose: To efficiently process applications for federal disability programs so that eligible Georgia citizens can obtain support.

Total Funds

$55,598,820

Federal Funds and Grants

$55,598,820

Federal Funds Not specifically Identified

$55,598,820

31.6. Georgia Industries for the Blind

Purpose: To employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin.

Total Funds

$11,809,509

Other Funding Sources

$11,099,375

Other Funds Not Specifically Identified

$11,099,375

State Funds

$710,134

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State General Funds

$710,134

31.7. Labor Market Information

Purpose: To collect, analyze and publish a wide array of information about the state's labor market.

Total Funds

$2,932,226

Federal Funds and Grants

$2,249,873

Federal Funds Not specifically Identified

$2,249,873

State Funds

$682,353

State General Funds

$682,353

31.8. Roosevelt Warm Springs Institute

Purpose: To empower individuals with disabilities to achieve personal independence.

Total Funds

$31,838,763

Federal Funds and Grants

$6,447,042

Federal Funds Not specifically Identified

$6,447,042

Other Funding Sources

$18,893,087

Other Funds Not Specifically Identified

$18,893,087

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 (HB1027)

$6,498,634 $31,838,763

Transfer remaining contract funds for the American Association of Adapted Sports Program to the Department of Human Resources.

$0

$0

Amount appropriated in this Act

$6,498,634 $31,838,763

31.9. Safety Inspections

Purpose: 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 Funds and Grants

$168,552

Federal Funds Not specifically Identified

$168,552

State Funds

$2,701,779

FRIDAY, APRIL 13, 2007

2173

State General Funds

$2,701,779

31.10. Unemployment Insurance

Purpose: 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 Funds and Grants

$36,610,816

Federal Funds Not specifically Identified

$36,610,816

State Funds

$10,212,853

State General Funds

$10,212,853

31.11. Vocational Rehabilitation Program

Purpose: To assist people with disabilities so that they may go to work.

Total Funds

$86,019,818

Federal Funds and Grants

$66,344,924

Federal Funds Not specifically Identified

$66,344,924

Other Funding Sources

$2,506,216

Other Funds Not Specifically Identified

$2,506,216

State Funds

$17,168,678

State General Funds

$17,168,678

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$17,168,678 $86,019,818

Realize CNG savings by reducing telecommunications ($12,438).

$0

$0

Realize CNG savings by reducing computer charges ($5,855).

$0

$0

Amount appropriated in this Act

$17,168,678 $86,019,818

31.12. Workforce Development

Purpose: To assist employers and job seekers with job matching services and to promote economic growth and development.

Total Funds

$96,268,048

Federal Funds and Grants

$80,214,177

Federal Funds Not specifically Identified

$80,214,177

2174

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Other Funding Sources Other Funds Not Specifically Identified
State Funds State General Funds

$8,300,000 $8,300,000 $7,753,871 $7,753,871

Section 32: Law, Department of Total Funds Federal Funds and Grants Other Funding Sources
Other Funds Not Specifically Identified State Funds
State General Funds Intra-State Government Transfers

$36,496,779 $0
$21,826,240 $21,826,240 $14,670,539 $14,670,539
$0

32.1. Law

Purpose: 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

Other Funding Sources

$21,826,240

Other Funds Not Specifically Identified

$21,826,240

State Funds

$14,670,539

State General Funds

$14,670,539

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$14,670,539 $36,496,779

Provide funding, including $24,942 in CNG savings,

$0

$0

for expert financial consultants associated with the

sale of public and non-profit hospitals in accordance

with the Hospital Acquisitions Act.

Amount appropriated in this Act

$14,670,539 $36,496,779

Section 33: State Merit System of Personnel Administration Total Funds

$14,576,477

FRIDAY, APRIL 13, 2007

2175

Federal Funds and Grants Other Funding Sources State Funds Intra-State Government Transfers
Other Intra-State Government Payments

$0 $0 $0 $14,576,477 $14,576,477

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.

33.1. Administration

Purpose: The purpose is to provide administrative and technical support to the agency.

Total Funds

$5,654,543

Intra-State Government Transfers

$5,654,543

Other Intra-State Government Payments

$5,654,543

33.2. Recruitment and Staffing Services

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

Total Funds

$1,177,804

Intra-State Government Transfers

$1,177,804

Other Intra-State Government Payments

$1,177,804

33.3. Total Compensation and Rewards

Purpose: The purpose is to ensure fair and consistent employee compensation practices across state agencies.

Total Funds

$4,142,622

Intra-State Government Transfers

$4,142,622

Other Intra-State Government Payments

$4,142,622

33.4. Workforce Development and Alignment

Purpose: 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

$3,601,508

Intra-State Government Transfers

$3,601,508

Other Intra-State Government Payments

$3,601,508

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Section 34: Natural Resources, Department of Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources
Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers

$144,935,065 $9,996,755 $9,996,755
$25,491,011 $19,391,732
$6,099,279 $109,447,299 $109,447,299
$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 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 being made June 15th, 2014.

34.1. Administration

Purpose: 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 (HB1027)

$10,059,057 $10,059,057

Redistribute real estate rental funds among programs

$0

$0

to accurately reflect expenditures.

FRIDAY, APRIL 13, 2007

2177

Amount appropriated in this Act

$10,059,057 $10,059,057

34.2. Coastal Resources

Purpose: 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 Funds and Grants

$170,862

Federal Funds Not specifically Identified

$170,862

State Funds

$2,720,618

State General Funds

$2,720,618

34.3. Environmental Protection

Purpose: 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

$37,692,840

Federal Funds and Grants

$3,363,161

Federal Funds Not specifically Identified

$3,363,161

Other Funding Sources

$6,797,557

Agency Funds

$309,758

Other Funds Not Specifically Identified

$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 (HB1027)

$27,532,122 $37,692,840

Redistribute real estate rental funds among programs

$0

$0

to accurately reflect expenditures.

Amount appropriated in this Act

$27,532,122 $37,692,840

34.4. Hazardous Waste Trust Fund Purpose: Investigate and clean up abandoned hazardous sites.
Total Funds State Funds
State General Funds

$7,600,000 $7,600,000 $7,600,000

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The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$7,600,000

$7,600,000

Increase funding for the Hazardous Waste Trust Fund for local governments and for abandoned site clean-up.

$0

$0

Amount appropriated in this Act

$7,600,000

$7,600,000

34.5. Historic Preservation

Purpose: The purpose is to identify, protect and preserve Georgia's historical sites for the enjoyment of present and future generations.

Total Funds

$2,491,760

Federal Funds and Grants

$490,000

Federal Funds Not specifically Identified

$490,000

State Funds

$2,001,760

State General Funds

$2,001,760

34.6. Land Conservation

Purpose: 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 (HB1027)

$466,380

$466,380

Redistribute real estate rental funds among programs

$0

$0

to accurately reflect expenditures.

Amount appropriated in this Act

$466,380

$466,380

34.7. Parks, Recreation and Historic Sites

Purpose: The purpose is to increase the public awareness of the opportunities at the state parks and historic sites throughout Georgia.

Total Funds

$37,966,861

Federal Funds and Grants

$845,941

FRIDAY, APRIL 13, 2007

2179

Federal Funds Not specifically Identified

$845,941

Other Funding Sources

$17,979,882

Agency Funds

$18,645,848

Other Funds Not Specifically Identified

($665,966)

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 (HB1027)

$19,141,038 $37,966,861

Redistribute real estate rental funds among programs

$0

$0

to accurately reflect expenditures.

Transfer the FY 2007 pay raise for law enforcement officers from Parks, Recreation and Historic Sites to Wildlife Resources to accurately reflect expenditures.

$0

$0

Realize CNG savings by reducing regular operating expenses.

$0

$0

Replace elevated bond repayment from Jekyll Island

$0

$0

Authority with state general funds.

Provide funds for HVAC replacement at Rhodes Hall.

$0

$0

Amount appropriated in this Act

$19,141,038 $37,966,861

34.8. Pollution Prevention Assistance

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

Total Funds

$119,988

Other Funding Sources

$103,913

Agency Funds

$103,913

State Funds

$16,075

State General Funds

$16,075

34.9. Solid Waste Trust Fund

Purpose: 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

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State Funds State General Funds

$6,000,000 $6,000,000

34.10. Wildlife Resources

Purpose: 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

$36,278,528

Federal Funds and Grants

$5,126,791

Federal Funds Not specifically Identified

$5,126,791

Other Funding Sources

$277,446

Other Funds Not Specifically Identified

$277,446

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 (HB1027)

$30,874,291 $36,278,528

Redistribute real estate rental funds among programs

$0

$0

to accurately reflect expenditures.

Transfer the FY 2007 pay raise for law enforcement officers from Parks, Recreation and Historic Sites to Wildlife Resources to accurately reflect expenditures.

$0

$0

Realize CNG savings by reducing regular operating expenses.

$0

$0

Recognize funds collected for the Wildlife Endowment Fund through lifetime hunting and fishing licenses and associated interest in compliance with federal guidelines.

$0

$0

Provide funds to repair a failed dam at Arrowhead Environmental Education Center so that the lake can be used for hands-on aquatic education.

$0

$0

Develop the "Go Fish Georgia" education center, state park, bass trail, and improve fishing and recreation access to promote and improve boating and fishing tourism as a means of enhancing economic development in communities around the state.

$0

$0

FRIDAY, APRIL 13, 2007

2181

Provide funds for spraying to prevent unwanted vegetation and aquatic plants on Lake Blackshear.
Amount appropriated in this Act

$0 $30,874,291

$0 $36,278,528

The following appropriations are for agencies attached for administrative purposes.

34.11. Georgia State Games Commission

Purpose: To improve the physical fitness of Georgians.

Total Funds

$382,362

Other Funding Sources

$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 (HB1027)

$50,149

$382,362

Provide funds to the Georgia State Games Commission to facilitate athletic achievement and competition among handicapped children.

$0

$0

Amount appropriated in this Act

$50,149

$382,362

34.12. Payments to Georgia Agrirama Development Authority

Purpose: 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

34.13. Payments to Georgia Agricultural Exposition Authority

Purpose: 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

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34.14. Payments to Lake Allatoona Preservation Authority Total Funds State Funds State General Funds

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

34.15. Payments to Southwest Georgia Railroad Excursion Authority

Purpose: 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 Funds and Grants Other Funding Sources State Funds
State General Funds Intra-State Government Transfers

$50,112,887 $0 $0
$50,112,887 $50,112,887
$0

35.1. Administration

Purpose: To provide support for the agency.

Total Funds

$4,891,864

State Funds

$4,891,864

State General Funds

$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 (HB1027)

$4,891,864

$4,891,864

Provide funds, including $80,000 in CNG savings, for one-time expenses for the Clemency Online Navigation System.

$0

$0

Amount appropriated in this Act

$4,891,864

$4,891,864

FRIDAY, APRIL 13, 2007

2183

35.2. Clemency

Purpose: 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

35.3. Parole Supervision

Purpose: 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

35.4. Victims Services

Purpose: To provide notification to victims of changes in offender status or placement, to conduct outreach and information gathering from victims 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

Section 36: Properties Commission, State Total Funds Federal Funds and Grants Other Funding Sources
Other Funds Not Specifically Identified State Funds Intra-State Government Transfers

$5,876,661 $0
$5,876,661 $5,876,661
$0 $0

36.1. Leasing

Purpose: 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

Other Funding Sources

$402,655

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Other Funds Not Specifically Identified

$402,655

36.2. State Properties Commission

Purpose: 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

Other Funding Sources

$588,425

Other Funds Not Specifically Identified

$588,425

The following appropriations are for agencies attached for administrative purposes.

36.3. Payments to Georgia Building Authority

Purpose: To purchase, erect and maintain buildings and other facilities to house agents and officials of the state government.

Total Funds

$4,885,581

Other Funding Sources

$4,885,581

Other Funds Not Specifically Identified

$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 (HB1027)

$0

$4,885,581

Increase payments to the Georgia Building Authority to fund the demolition of the State Archives building.

$0

$0

Increase payments to the Georgia Building Authority to fund assessment of 17 state-owned buildings and parking decks on Capitol Hill.

$0

$0

Increase payments to the Georgia Building Authority to fund programming and design development for replacements of existing interiors within common areas, electrical, HVAC and water intrusion within the Floyd Building.

$0

$0

Increase Payments to the Georgia Building

$0

$0

Authority to fund the maintenance and repair of state

facilities.

Amount appropriated in this Act

$0

$4,885,581

FRIDAY, APRIL 13, 2007

2185

Section 37: Public Safety, Department of Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources
Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments

$121,273,100 $8,328,935 $8,328,935 $6,230,971 $877,160 $5,353,811
$103,561,759 $103,561,759
$3,151,435 $3,151,435

37.1. Administration

Purpose: To work cooperatively with all levels of government to provide a safe environment for residents and visitors to our state.

Total Funds

$8,774,504

State Funds

$8,774,504

State General Funds

$8,774,504

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$8,774,504

$8,774,504

Provide funds to replace existing Peace Officers Standards and Training Council database for personnel, training, certification and disciplinary records.

$0

$0

Amount appropriated in this Act

$8,774,504

$8,774,504

37.2. Aviation

Purpose: 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

$2,515,895

State Funds

$2,515,895

State General Funds

$2,515,895

37.3. Capitol Police Services Purpose: To protect life and property, prevent and detect criminal acts, and enforce

2186

JOURNAL OF THE HOUSE

traffic regulations throughout the Capitol. Total Funds Intra-State Government Transfers Other Intra-State Government Payments

$3,151,435 $3,151,435 $3,151,435

37.4. Executive Security Services

Purpose: 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

37.5. Field Offices and Services

Purpose: To reduce drug trafficking in the State of Georgia by networking with other state, federal and local law enforcement agencies.

Total Funds

$64,744,317

State Funds

$64,744,317

State General Funds

$64,744,317

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$64,744,317 $64,744,317

Provide a 3% salary adjustment, above the normal

$0

$0

recommended salary adjustment, beginning January

1, 2007 for the following law enforcement positions:

Lieutenant and Sergeant 1st Class.

Provide funds for 100 standard trooper cars.

$0

$0

Provide funding for HB 101: Peace Officers' Annuity and Benefit Fund.

$0

$0

Amount appropriated in this Act

$64,744,317 $64,744,317

37.6. Motor Carrier Compliance

Purpose: 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 Funds and Grants

$5,161,998

FRIDAY, APRIL 13, 2007

2187

Federal Funds Not specifically Identified Other Funding Sources
Other Funds Not Specifically Identified State Funds
State General Funds

$5,161,998 $4,596,898 $4,596,898 $6,612,936 $6,612,936

37.7. Specialized Collision Reconstruction Team (SCRT)

Purpose: 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

37.8. Troop J Specialty Units

Purpose: 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 following appropriations are for agencies attached for administrative purposes.

37.9. Firefighter Standards and Training Council

Purpose: 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

37.10. Office of Highway Safety

Purpose: 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 Funds and Grants

$3,166,937

2188

JOURNAL OF THE HOUSE

Federal Funds Not specifically Identified State Funds
State General Funds

$3,166,937 $503,885 $503,885

37.11. Peace Officers Standards and Training Council (POST)

Purpose: 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

37.12. Public Safety Training Center

Purpose: 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

Other Funding Sources

$1,634,073

Agency Funds

$877,160

Other Funds Not Specifically Identified

$756,913

State Funds

$11,646,656

State General Funds

$11,646,656

Section 38: Public Service Commission Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources State Funds
State General Funds Intra-State Government Transfers

$9,320,406 $273,311 $273,311 $0
$9,047,095 $9,047,095
$0

38.1. Administration

Purpose: 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

FRIDAY, APRIL 13, 2007

2189

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$1,187,065

$1,187,065

Provide for an adjustment to real estate to accurately

$0

$0

reflect the FY 2007 Georgia Building Authority

(GBA) rental rate for office space.

Realize CNG savings by redirecting savings from the Facilities Protection program and the Utilities Regulation program to Administration for $15,905 in facility improvements.

$0

$0

Transfer funds from the Administration program and

$0

$0

the Utilities Regulation program to the Facilities

Protection program to properly align real estate

expenditures among programs.

Reduce funding for operations.

$0

$0

Amount appropriated in this Act

$1,187,065

$1,187,065

38.2. Facility Protection

Purpose: To provide for the protection of the buried utility facility infrastructure within the State of Georgia.

Total Funds

$903,635

Federal Funds and Grants

$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 (HB1027)

$630,324

$903,635

Provide for an adjustment to real estate to accurately

$0

$0

reflect the FY 2007 Georgia Building Authority

(GBA) rental rate for office space.

Realize CNG savings by redirecting savings from the Facilities Protection program and the Utilities Regulation program to Administration for $15,905 in facility improvements.

$0

$0

2190

JOURNAL OF THE HOUSE

Transfer funds from the Administration program and the Utilities Regulation program to the Facilities Protection program to properly align real estate expenditures among programs.
Amount appropriated in this Act

$0 $630,324

$0 $903,635

38.3. Utilities Regulation

Purpose: 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 (HB1027)

$7,229,706

$7,229,706

Provide for an adjustment to real estate to accurately reflect the FY 2007 Georgia Building Authority (GBA) rental rate for office space.

$0

$0

Realize CNG savings by redirecting savings from the Facilities Protection program and the Utilities Regulation program to Administration for $15,905 in facility improvements.

$0

$0

Transfer funds from the Administration program and

$0

$0

the Utilities Regulation program to the Facilities

Protection program to properly align real estate

expenditures among programs.

Amount appropriated in this Act

$7,229,706

$7,229,706

Section 39: Regents, University System of Georgia Total Funds Federal Funds and Grants Other Funding Sources
Agency Funds Research Funds Other Funds Not Specifically Identified State Funds Tobacco Funds

$4,859,034,954 $0
$2,925,739,502 $1,319,904,657 $1,598,519,130
$7,315,715 $1,933,295,452
$15,732,554

FRIDAY, APRIL 13, 2007

2191

State General Funds Intra-State Government Transfers

$1,917,562,898 $0

39.1. Advanced Technology Development Center/Economic Development Institute

Purpose: 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

Other Funding Sources

$12,875,000

Agency Funds

$12,875,000

State Funds

$14,572,215

State General Funds

$14,572,215

39.2. Agricultural Experiment Station

Purpose: The purpose is to improve production, processing, new product development, food safety, storage and marketing to increase profitability and global competitiveness.

Total Funds

$72,948,126

Other Funding Sources

$32,441,262

Agency Funds

$10,441,262

Research Funds

$22,000,000

State Funds

$40,506,864

State General Funds

$40,506,864

39.3. Athens/Tifton Veterinary Laboratories

Purpose: 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

Other Funding Sources

$4,653,970

Research Funds

$4,653,970

State Funds

$83,084

State General Funds

$83,084

39.4. Cooperative Extension Service

Purpose: 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

Other Funding Sources

$23,094,137

2192

JOURNAL OF THE HOUSE

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 (HB1027)

$33,554,274 $56,648,411

Provide funding to complete the Sutton Dining Hall at the Rock Eagle 4-H campus.

$0

$0

Amount appropriated in this Act

$33,554,274 $56,648,411

39.5. Forestry Cooperative Extension

Purpose: 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

$959,847

Other Funding Sources

$300,405

Research Funds

$200,000

Other Funds Not Specifically Identified

$100,405

State Funds

$659,442

State General Funds

$659,442

39.6. Forestry Research

Purpose: 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

$5,684,341

Other Funding Sources

$2,550,000

Research Funds

$2,000,000

Other Funds Not Specifically Identified

$550,000

State Funds

$3,134,341

State General Funds

$3,134,341

39.7. Georgia Radiation Therapy Center Purpose: The purpose is to provide patient care and education.
Total Funds

$3,625,810

FRIDAY, APRIL 13, 2007

2193

Other Funding Sources Other Funds Not Specifically Identified

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

39.8. Georgia Tech Research Institute

Purpose: 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

Other Funding Sources

$122,917,958

Research Funds

$122,917,958

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 (HB1027)

$7,548,482 $130,466,440

Provide one-time funding for the Agricultural Technology Research Program to replace aging Ion/High Pressure Liquid Chromatograph.

$0

$0

Amount appropriated in this Act

$7,548,482 $130,466,440

39.9. Marine Extension Services

Purpose: The purpose is to transfer technology, provide training, and conduct applied research.

Total Funds

$2,713,007

Other Funding Sources

$1,184,800

Agency Funds

$584,800

Research Funds

$600,000

State Funds

$1,528,207

State General Funds

$1,528,207

39.10. Marine Institute

Purpose: The purpose is to understand the processes that affect the condition of the salt marsh and coastline.

Total Funds

$1,711,549

Other Funding Sources

$767,633

Agency Funds

$67,633

2194

JOURNAL OF THE HOUSE

Research Funds State Funds
State General Funds

$700,000 $943,916 $943,916

39.11. Medical College of Georgia Hospitals and Clinics Purpose: 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

39.12. Office of Minority Business Enterprises

Purpose: 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

39.13. Public Libraries

Purpose: The purpose is to provide library services for Georgians and to award grants from the Public Library Fund.

Total Funds

$42,491,098

Other Funding Sources

$4,522,400

Agency Funds

$4,522,400

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 (HB1027)

$37,968,698 $42,491,098

Provide funds to replace hardware associated with internet filtering in public libraries to comply with state and federal law.

$0

$0

Provide funding for equipment at the St. Simons Library.

$0

$0

FRIDAY, APRIL 13, 2007

2195

Provide funding for repair and renovation needs at various facilities within the Georgia Public Library System (Hall County-$215,000, Southwest Georgia Library-$100,000, Athens Regional-$21,300, West Georgia Regional-$10,000, South Georgia-$25,000, Thomas County-$30,000, Mountain Regional$32,000, Ocmulgee-$25,000, and Statesboro$50,000).
Amount appropriated in this Act

$0

$0

$37,968,698 $42,491,098

39.14. Public Service/Special Funding Initiatives

Purpose: The purpose is to provide leadership, service, and education.

Total Funds

$32,417,559

State Funds

$32,417,559

Tobacco Funds

$5,000,000

State General Funds

$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 (HB1027)

$32,417,559 $32,417,559

Provide funding to Georgia State University to conduct a planning study for the City of South Fulton.

$0

$0

Provide funding to the Carl Vinson Institute of Government to conduct a study on the development of cities and townships.

$0

$0

Provide funding for infrastructure needs at the UGA-Griffin Campus.

$0

$0

Amount appropriated in this Act

$32,417,559 $32,417,559

39.15. Regents Central Office

Purpose: 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

39.16. Research Consortium

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JOURNAL OF THE HOUSE

Purpose: 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

39.17. Skidaway Institute of Oceanography

Purpose: 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

Other Funding Sources

$5,658,000

Agency Funds

$1,545,000

Research Funds

$4,113,000

State Funds

$1,634,073

State General Funds

$1,634,073

39.18. Student Education Enrichment Program Purpose: The purpose is to provide underrepresented Georgia residents the opportunity to acquire educational experiences.
Total Funds State Funds
State General Funds

$308,315 $308,315 $308,315

39.19. Teaching

Purpose: 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

$4,347,737,324

Other Funding Sources

$2,690,223,836

Agency Funds

$1,258,850,134

Research Funds

$1,428,334,202

Other Funds Not Specifically Identified

$3,039,500

State Funds

$1,657,513,488

State General Funds

$1,657,513,488

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

FRIDAY, APRIL 13, 2007

2197

Amount from prior Appropriation Act (HB1027)
Transfer funds for HB 400 from Teachers' Retirement System (TRS) to the Board of Regents to properly reflect the employer rate increase for TRS members from 9.24% to 9.28%.
Remove DOAS Indirect Cost to properly reflect base (Other Funds: $3,039,500).
Provide funds for the University System of Georgia Health Plan to meet projected need for FY07.
Provide funding for the Water Policy Planning Center at Albany State University.
Provide design funding for the Medical College of Georgia Dental School.
Provide funding to Fort Valley State University for the Cooperative Developmental Energy Program in order to help increase the number of minority professionals in the areas of science, technology, engineering, and mathematics.
Provide funding for Eminent Scholars at Georgia Southern University (Renewable Energy), Georgia Institute of Technology (Civil Engineering), and Georgia State University (Law).
Amount appropriated in this Act

State Funds $1,657,191,538
$321,950
$0 $0 $0 $0 $0
$0
$1,657,513,488

Total Funds $4,347,415,374
$321,950
$0 $0 $0 $0 $0
$0
$4,347,737,324

39.20. Veterinary Medicine Experiment Station

Purpose: 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

39.21. Veterinary Medicine Teaching Hospital

Purpose: 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

Other Funding Sources

$6,700,000

2198

JOURNAL OF THE HOUSE

Agency Funds State Funds
State General Funds

$6,700,000 $489,727 $489,727

39.22. Payments to the Georgia Cancer Coalition

Purpose: 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 following appropriations are for agencies attached for administrative purposes.

39.23. Payments to Georgia Military College

Purpose: 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

39.24. Public Telecommunications Commission, Georgia

Purpose: 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

Other Funding Sources

$14,224,291

Agency Funds

$14,224,291

State Funds

$17,023,143

State General Funds

$17,023,143

Section 40: Revenue, Department of Total Funds Federal Funds and Grants Other Funding Sources

$691,229,757 $0
$7,005,348

FRIDAY, APRIL 13, 2007

2199

Agency Funds Other Funds Not Specifically Identified State Funds Tobacco Funds State General Funds Intra-State Government Transfers

$5,925,898 $1,079,450 $684,224,409
$150,000 $684,074,409
$0

40.1. Administration

Purpose: 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:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$4,053,813

$4,053,813

Realize CNG savings initiative by reducing regular

$0

$0

operating expenses in the Administration program,

the Tag and Title Registration program, the Revenue

Processing program, and the Tax Compliance

program.

Realize CNG savings by redirecting funds from the Administration program, the Tag and Title Registration program, the Revenue Processing program, and the Tax Compliance program to Local Tax Officials Retirement ($252,503 in redirected savings).

$0

$0

Amount appropriated in this Act

$4,053,813

$4,053,813

40.2. Customer Service

Purpose: 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

Other Funding Sources

$2,110,135

Agency Funds

$2,110,135

State Funds

$10,709,219

State General Funds

$10,709,219

2200

JOURNAL OF THE HOUSE

40.3. Homeowner Tax Relief Grants (HTRG)

Purpose: 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 $12,750 for the taxable year beginning January 1, 2006.

Total Funds

$567,703,126

State Funds

$567,703,126

State General Funds

$567,703,126

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

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

Reflect remaining unclaimed surplus in the Homeowners Tax Relief Grants.

($7,000,000) ($7,000,000)

Increase funding for the Homeowner Tax Relief Grant (HTRG) program to provide a one-time tax cut, through the return of surplus FY 2007 amended funds, by increasing the homestead exemption from $10,000 to $12,750 for the tax year beginning January 1, 2006.

$142,412,625 $142,412,625

Amount appropriated in this Act

$567,703,126 $567,703,126

40.4. Industry Regulation

Purpose: 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

40.5. Local Tax Officials Retirement and FICA

Total Funds

$3,785,079

State Funds

$3,785,079

State General Funds

$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 (HB1027)

$3,785,079

$3,785,079

FRIDAY, APRIL 13, 2007

2201

Realize CNG savings by redirecting funds from the Administration program, the Tag and Title Registration program, the Revenue Processing program, and the Tax Compliance program to Local Tax Officials Retirement ($252,503 in redirected savings).
Provide funds, combined with $252,503 in CNG savings, to pay the employer portion of retirement benefits for local tax officials (Total State Funds of $1,616,587).
Amount appropriated in this Act

$0

$0

$0

$0

$3,785,079

$3,785,079

40.6. Revenue Processing

Purpose: 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

Other Funding Sources

$426,769

Other Funds Not Specifically Identified

$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 (HB1027)

$40,595,061 $41,021,830

Realize CNG savings initiative by reducing regular

$0

$0

operating expenses in the Administration program,

the Tag and Title Registration program, the Revenue

Processing program, and the Tax Compliance

program.

Realize CNG savings by redirecting funds from the Administration program, the Tag and Title Registration program, the Revenue Processing program, and the Tax Compliance program to Local Tax Officials Retirement ($252,503 in redirected savings).

$0

$0

Amount appropriated in this Act

$40,595,061 $41,021,830

40.7. Salvage Inspection

2202

JOURNAL OF THE HOUSE

Purpose: To inspect rebuilt salvage vehicles. Total Funds State Funds State General Funds

$1,581,159 $1,581,159 $1,581,159

40.8. State Board of Equalization

Purpose: 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

40.9. Tag and Title Registration

Purpose: To establish motor vehicle ownership.

Total Funds

$23,194,458

Other Funding Sources

$652,681

Other Funds Not Specifically Identified

$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 (HB1027)

$22,541,777 $23,194,458

Realize CNG savings initiative by reducing regular

$0

$0

operating expenses in the Administration program,

the Tag and Title Registration program, the Revenue

Processing program, and the Tax Compliance

program.

Realize CNG savings by redirecting funds from the Administration program, the Tag and Title Registration program, the Revenue Processing program, and the Tax Compliance program to Local Tax Officials Retirement ($252,503 in redirected savings).

$0

$0

Amount appropriated in this Act

$22,541,777 $23,194,458

FRIDAY, APRIL 13, 2007

2203

40.10. Tax Compliance

Purpose: To ensure that all taxpayers pay the correct amount of taxes owed under the law.

Total Funds

$32,418,967

Other Funding Sources

$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 (HB1027)

$28,603,204 $32,418,967

Realize CNG savings initiative by reducing regular

$0

$0

operating expenses in the Administration program,

the Tag and Title Registration program, the Revenue

Processing program, and the Tax Compliance

program.

Realize CNG savings by redirecting funds from the Administration program, the Tag and Title Registration program, the Revenue Processing program, and the Tax Compliance program to Local Tax Officials Retirement ($252,503 in redirected savings).

$0

$0

Amount appropriated in this Act

$28,603,204 $32,418,967

Section 41: Secretary of State Total Funds Federal Funds and Grants Other Funding Sources
Records Center Storage Fee Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers
41.1. Administration

$38,762,427 $0
$1,498,265 $433,753
$1,064,512 $37,264,162 $37,264,162
$0

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Purpose: To provide administrative support to the Office of Secretary of State and its attached agencies.

Total Funds

$4,912,454

Other Funding Sources

$30,000

Other Funds Not Specifically Identified

$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 (HB1027)

$4,882,454

$4,912,454

Realize CNG savings by reducing state funds and redirecting a portion of savings to replace computers in the Administration program ($9,000) and fund modifications to the L2K database ($23,383) in the Securities program.

$0

$0

Provide funds for the Silver Haired Legislature.

$0

$0

Amount appropriated in this Act

$4,882,454

$4,912,454

41.2. Archives

Purpose: 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

Other Funding Sources

$508,753

Records Center Storage Fee

$433,753

Other Funds Not Specifically Identified

$75,000

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 (HB1027)

$5,972,322

$6,481,075

Realize CNG savings by reducing state funds and redirecting a portion of savings to replace computers in the Administration program ($9,000) and fund modifications to the L2K database ($23,383) in the Securities program.

$0

$0

FRIDAY, APRIL 13, 2007

2205

Amount appropriated in this Act

$5,972,322

$6,481,075

41.3. Capitol Tours

Purpose: 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 (HB1027)

$155,777

$155,777

Realize CNG savings by reducing state funds and

$0

$0

redirecting a portion of savings to replace computers

in the Administration program ($9,000) and fund

modifications to the L2K database ($23,383) in the

Securities program.

Amount appropriated in this Act

$155,777

$155,777

41.4. Corporations

Purpose: 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

Other Funding Sources

$739,512

Other Funds Not Specifically Identified

$739,512

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 (HB1027)

$1,197,789

$1,937,301

Realize CNG savings by reducing state funds and

$0

$0

redirecting a portion of savings to replace computers

in the Administration program ($9,000) and fund

modifications to the L2K database ($23,383) in the

Securities program.

Amount appropriated in this Act

$1,197,789

$1,937,301

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41.5. Elections

Purpose: 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

Other Funding Sources

$20,000

Other Funds Not Specifically Identified

$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 (HB1027)

$5,159,663

$5,179,663

Realize CNG savings by reducing state funds and redirecting a portion of savings to replace computers in the Administration program ($9,000) and fund modifications to the L2K database ($23,383) in the Securities program.

$0

$0

Provide funds to cover costs of printing and mailing educational letters to inform Georgia citizens of voting requirements.

$0

$0

Provide funding for an independent audit of Georgia's elections procedures, guidelines and security measures.

$0

$0

Amount appropriated in this Act

$5,159,663

$5,179,663

41.6. Professional Licensing Boards

Purpose: To protect the public health and welfare by supporting all operations of Boards which license professions.

Total Funds

$11,504,435

Other Funding Sources

$150,000

Other Funds Not Specifically Identified

$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:

FRIDAY, APRIL 13, 2007

2207

Amount from prior Appropriation Act (HB1027)
Realize CNG savings by reducing state funds and redirecting a portion of savings to replace computers in the Administration program ($9,000) and fund modifications to the L2K database ($23,383) in the Securities program.
Provide funding for an independent audit of the Professional Licensing Boards to improve customer service.
Amount appropriated in this Act

State Funds $11,354,435
$0
$0
$11,354,435

Total Funds $11,504,435
$0
$0
$11,504,435

41.7. Securities

Purpose: 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

$2,090,428

Other Funding Sources

$50,000

Other Funds Not Specifically Identified

$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 (HB1027)

$2,040,428

$2,090,428

Realize CNG savings by reducing state funds and

$0

$0

redirecting a portion of savings to replace computers

in the Administration program ($9,000) and fund

modifications to the L2K database ($23,383) in the

Securities program.

Amount appropriated in this Act

$2,040,428

$2,090,428

The following appropriations are for agencies attached for administrative purposes.

41.8. Georgia Commission on the Holocaust
Purpose: 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

2208

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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 (HB1027)

$278,412

$278,412

Provide funding for the relocation and continuation of the Anne Frank in the World exhibit previously hosted at Kennesaw State University and for operational costs of the Georgia Commission on the Holocaust.

$0

$0

Amount appropriated in this Act

$278,412

$278,412

41.9. Georgia Drugs and Narcotics Agency

Purpose: 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

41.10. Georgia Real Estate Commission

Purpose: 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

41.11. State Ethics Commission

Purpose: 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

FRIDAY, APRIL 13, 2007

2209

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 (HB1027)

$1,606,602

$1,606,602

Provide funding for relocation expenses and additional rent cost for new office.

$0

$0

Amount appropriated in this Act

$1,606,602

$1,606,602

Section 42: Soil and Water Conservation Commission Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources
Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers

$13,956,014 $2,311,431 $2,311,431 $8,547,106 $8,147,106 $400,000 $3,097,477 $3,097,477 $0

42.1. Administration

Purpose: 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

42.2. Conservation of Agricultural Water Supplies

Purpose: To conserve the use of Georgia's ground and surface water by agricultural water users.

Total Funds

$9,743,453

Federal Funds and Grants

$1,631,804

Federal Funds Not specifically Identified

$1,631,804

Other Funding Sources

$7,847,716

Agency Funds

$7,847,716

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State Funds State General Funds

$263,933 $263,933

42.3. Conservation of Soil and Water Resources

Purpose: To conserve Georgia's rich natural resources through voluntary implementation of conservation best management practices on agricultural lands.

Total Funds

$2,550,662

Federal Funds and Grants

$679,627

Federal Funds Not specifically Identified

$679,627

Other Funding Sources

$699,390

Agency Funds

$299,390

Other Funds Not Specifically Identified

$400,000

State Funds

$1,171,645

State General Funds

$1,171,645

42.4. USDA Flood Control Watershed Structures

Purpose: 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

42.5. Water Resources and Land Use Planning

Purpose: 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

Section 43: Student Finance Commission and Authority, Georgia Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources
Other Funds Not Specifically Identified

$575,916,597 $520,653 $520,653
$6,773,600 $6,773,600

FRIDAY, APRIL 13, 2007

2211

State Funds Lottery Funds State General Funds
Intra-State Government Transfers

$568,622,344 $531,956,119 $36,666,225
$0

43.1. Accel

Purpose: 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

43.2. Engineer Scholarship

Purpose: 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

43.3. Georgia Military College Scholarship

Purpose: 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

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$770,477

$770,477

Redirect excess funds from the HOPE Grant program to the Georgia Military College Scholarship program to fund additional students returning from military deployment.

$0

$0

Amount appropriated in this Act

$770,477

$770,477

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43.4. Governor's Scholarship Program

Purpose: 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

43.5. Guaranteed Educational Loans

Purpose: 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

Other Funding Sources

$280,000

Other Funds Not Specifically Identified

$280,000

State Funds

$3,799,883

State General Funds

$3,799,883

43.6. HERO Scholarship

Purpose: 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 (HB1027)

$200,000

$200,000

Increase funding for the HERO Scholarship to meet projected demand (Other Funds: $105,700).

$0

$0

Amount appropriated in this Act

$200,000

$200,000

43.7. HOPE Administration

Purpose: 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

FRIDAY, APRIL 13, 2007

2213

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 (HB1027)

$5,228,320

$5,228,320

Provide funding for temporary customer service staff in order to facilitate the implementation of the Grade Point Average (GPA) transcript exchange initiative (Other Funds: $841,000).

$0

$0

Amount appropriated in this Act

$5,228,320

$5,228,320

43.8. HOPE GED

Purpose: 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

43.9. HOPE Grant

Purpose: To provide grants to students seeking a diploma or certificate at a public post-secondary institution.

Total Funds

$118,961,703

State Funds

$118,961,703

Lottery Funds

$118,961,703

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$122,784,173 $122,784,173

Transfer excess HOPE Grants (lottery funds) to Bright from the Start: Georgia Department of Early Care and Learning in order to fund enrollment growth in the Pre-Kindergarten program.

($3,822,470) ($3,822,470)

Redirect excess funds from the HOPE Grant program to the Georgia Military College Scholarship program to fund additional students returning from military deployment.

$0

$0

2214

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Amount appropriated in this Act

$118,961,703 $118,961,703

43.10. HOPE Scholarships - Private Schools

Purpose: 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

43.11. HOPE Scholarships - Public Schools

Purpose: To provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible public post-secondary institution.

Total Funds

$340,678,447

State Funds

$340,678,447

Lottery Funds

$340,678,447

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$344,500,917 $344,500,917

Transfer excess HOPE Scholarships-Public Schools (lottery funds) to Bright from the Start: Georgia Department of Early Care and Learning in order to fund enrollment growth in the Pre-Kindergarten program.

($3,822,470) ($3,822,470)

Amount appropriated in this Act

$340,678,447 $340,678,447

43.12. Law Enforcement Dependents Grant

Purpose: 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

43.13. Leveraging Educational Assistance Partnership Program (LEAP) Purpose: To provide educational grant assistance to residents of Georgia who

FRIDAY, APRIL 13, 2007

2215

demonstrate substantial financial need to attend eligible post-secondary institutions in Georgia.

Total Funds

$1,487,410

Federal Funds and Grants

$520,653

Federal Funds Not specifically Identified

$520,653

State Funds

$966,757

State General Funds

$966,757

43.14. North Ga. Military Scholarship Grants

Purpose: 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

Other Funding Sources

$1,010,402

Other Funds Not Specifically Identified

$1,010,402

State Funds

$683,951

State General Funds

$683,951

43.15. North Georgia ROTC Grants

Purpose: 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

43.16. Promise Scholarship

Purpose: 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

43.17. Public Memorial Safety Grant
Purpose: 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-

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JOURNAL OF THE HOUSE

secondary institution in the State of Georgia. Total Funds State Funds Lottery Funds

$255,850 $255,850 $255,850

43.18. Teacher Scholarship

Purpose: 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

43.19. Tuition Equalization Grants

Purpose: To promote the private segment of higher education in Georgia by providing non-repayable grant aid to Georgia residents who attend eligible private postsecondary institutions.

Total Funds

$33,015,000

Other Funding Sources

$5,483,198

Other Funds Not Specifically Identified

$5,483,198

State Funds

$27,531,802

State General Funds

$27,531,802

The following appropriations are for agencies attached for administrative purposes.

43.20. Nonpublic Postsecondary Education Commission

Purpose: 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

Section 44: Teachers' Retirement System Total Funds Federal Funds and Grants

$25,969,246 $0

FRIDAY, APRIL 13, 2007

2217

Other Funding Sources State Funds
State General Funds Intra-State Government Transfers
Retirement Payments

$0 $1,760,000 $1,760,000 $24,209,246 $24,209,246

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.

44.1. Local/Floor COLA

Purpose: 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

$1,760,000

State Funds

$1,760,000

State General Funds

$1,760,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$3,903,200

$3,903,200

Transfer funds for HB 400 from TRS to the Department of Education, the Board of Regents, and the Department of Technical and Adult Education to properly reflect the employer rate increase for TRS members from 9.24% to 9.28%.

($2,143,200) ($2,143,200)

Amount appropriated in this Act

$1,760,000

$1,760,000

44.2. System Administration

Purpose: To provide all services to active members, including: service purchases, refunds, retirement counseling, and new retirement processing.

Total Funds

$24,209,246

Intra-State Government Transfers

$24,209,246

Retirement Payments

$24,209,246

Section 45: Technical and Adult Education, Department of Total Funds

$413,398,281

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Federal Funds and Grants Federal Funds Not specifically Identified
Other Funding Sources Agency Funds
State Funds State General Funds
Intra-State Government Transfers

$19,814,459 $19,814,459 $56,732,658 $56,732,658 $336,851,164 $336,851,164
$0

45.1. Administration

Purpose: 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

$12,044,767

Federal Funds and Grants

$2,059,788

Federal Funds Not specifically Identified

$2,059,788

Other Funding Sources

$800,000

Agency Funds

$800,000

State Funds

$9,184,979

State General Funds

$9,184,979

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$9,184,019 $12,043,807

Transfer funds for HB 400 from Teachers' Retirement System (TRS) to the Department of Technical and Adult Education (DTAE) to properly reflect the employer rate increase for TRS members from 9.24% to 9.28%.

$960

$960

Amount appropriated in this Act

$9,184,979 $12,044,767

45.2. Adult Literacy

Purpose: 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

$20,246,636

Federal Funds and Grants

$6,669,526

FRIDAY, APRIL 13, 2007

2219

Federal Funds Not specifically Identified

$6,669,526

Other Funding Sources

$1,121,886

Agency Funds

$1,121,886

State Funds

$12,455,224

State General Funds

$12,455,224

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$12,451,684 $20,243,096

Transfer funds for HB 400 from Teachers' Retirement System (TRS) to the Department of Technical and Adult Education (DTAE) to properly reflect the employer rate increase for TRS members from 9.24% to 9.28%.

$3,540

$3,540

Provide funding to adult literacy to offset the loss of TANF funds and continue the same level of services.

$0

$0

Amount appropriated in this Act

$12,455,224 $20,246,636

45.3. Economic Development (Quick Start)

Purpose: 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 (HB1027)

$12,613,900 $12,613,900

Provide operating and customized training funds to prepare the workforce related to the Kia project.

$0

$0

Amount appropriated in this Act

$12,613,900 $12,613,900

45.4. Technical Education
Purpose: 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.

2220

JOURNAL OF THE HOUSE

Total Funds

$368,492,978

Federal Funds and Grants

$11,085,145

Federal Funds Not specifically Identified

$11,085,145

Other Funding Sources

$54,810,772

Agency Funds

$54,810,772

State Funds

$302,597,061

State General Funds

$302,597,061

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$302,538,461 $368,434,378

Transfer funds for HB 400 from Teachers' Retirement System (TRS) to the Department of Technical and Adult Education (DTAE) to properly reflect the employer rate increase for TRS members from 9.24% to 9.28%.

$58,600

$58,600

Provide funds for roof repairs at the Moultrie Technical College Career Academy.

$0

$0

Amount appropriated in this Act

$302,597,061 $368,492,978

Section 46: Transportation, Department of Total Funds Federal Funds and Grants
Federal Highway Administration Highway Planning and Construction
Federal Transit Administration Capital Investment Grants
Federal Funds Not specifically Identified Other Funding Sources
Agency Funds Other Funds Not Specifically Identified State Funds State Motor Fuel State General Funds Intra-State Government Transfers Other Intra-State Government Payments

$1,847,956,177 $1,176,511,379
$1,100,000,001
$12,858,431
$63,652,947 $6,755,541 $6,585,292 $170,249
$664,031,462 $646,759,400 $17,272,062
$657,795 $657,795

FRIDAY, APRIL 13, 2007

2221

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 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.

46.1. Administration

Purpose: 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

$69,665,164

Federal Funds and Grants

$9,533,343

Federal Highway Administration Highway Planning and Construction

$9,533,343

Other Funding Sources

$898,970

Agency Funds

$816,960

Other Funds Not Specifically Identified

$82,010

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State Funds

$59,232,851

State Motor Fuel

$59,232,851

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$59,232,851 $69,665,164

Provide for the FY 2007 adjustment in the Workers' Compensation premium.

$0

$0

Provide for the FY 2007 adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$0

$0

Amount appropriated in this Act

$59,232,851 $69,665,164

46.2. Air Transportation

Purpose: The purpose is to provide air transportation to state officials and companies considering a move to Georgia and conducting aerial photography flights.

Total Funds

$2,428,330

Other Funding Sources

$275,000

Agency Funds

$275,000

State Funds

$1,495,535

State General Funds

$1,495,535

Intra-State Government Transfers

$657,795

Other Intra-State Government Payments

$657,795

46.3. Airport Aid

Purpose: 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 Funds and Grants

$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 (HB1027)

$6,621,247 $12,621,247

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2223

Provide additional funding to support the State's airports, with $500,000 designated for improvements at the Richard B. Russell Regional Airport in Floyd County.
Amount appropriated in this Act

$0

$0

$6,621,247 $12,621,247

46.4. Data Collection, Compliance and Reporting

Purpose: 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 Funds and Grants

$8,270,257

Federal Highway Administration Highway Planning and Construction

$3,784,538

Federal Funds Not specifically Identified

$4,485,719

Other Funding Sources

$62,257

Agency Funds

$62,257

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 (HB1027)

$4,094,746 $12,427,260

Provide for the FY 2007 adjustment in the Workers' Compensation premium.

$0

$0

Amount appropriated in this Act

$4,094,746 $12,427,260

46.5. Local Road Assistance

Purpose: 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 Funds and Grants

$69,658,670

Federal Highway Administration Highway Planning and Construction

$67,429,038

Federal Funds Not specifically Identified

$2,229,632

Other Funding Sources

$595,233

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Agency Funds

$595,233

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 (HB1027)

$150,438,889 $220,692,792

Provide for the FY 2007 adjustment in the Workers' Compensation premium.

$0

$0

Provide additional funding for the Local Assistance Road Program (LARP).

$0

$0

Amount appropriated in this Act

$150,438,889 $220,692,792

46.6. Payments to State Road and Tollway Authority

Purpose: 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 (HB1027)

$46,998,853 $46,998,853

Provide funds for the construction of a sound barrier along the south end of GA 400.

$0

$0

Amount appropriated in this Act

$46,998,853 $46,998,853

46.7. Ports and Waterways

Purpose: 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

46.8. Rail
Purpose: The purpose is to oversee the construction, financing, operation, and development of rail passenger, freight service, and other public transportation projects

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2225

within and without the state of Georgia.

Total Funds

$272,608

Other Funding Sources

$88,239

Other Funds Not Specifically Identified

$88,239

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 (HB1027)

$184,369

$272,608

Redirect existing bond funding for Lovejoy to the Brain Train rail project (Total Funds - $1,500,000).

$0

$0

Redirect bond funding for the St. Mary's railroad to the Southeast Georgia Joint Development Authority in Wayne County for side tracks to enable trains to pass (Total Funds - $1,050,000).

$0

$0

Amount appropriated in this Act

$184,369

$272,608

46.9. State Highway System Construction and Improvement

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

Total Funds

$1,061,558,546

Federal Funds and Grants

$875,644,270

Federal Highway Administration Highway Planning and Construction

$846,325,476

Federal Funds Not specifically Identified

$29,318,794

Other Funding Sources

$165,000

Agency Funds

$165,000

State Funds

$185,749,276

State Motor Fuel

$185,749,276

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$185,749,276 $1,061,558,546

Provide for the FY 2007 adjustment in the Workers' Compensation premium.

$0

$0

Provide funds to cover the current employer share of

$0

$0

the State Health Benefit Plan premium.

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Provide funds to replace 8 facilities that have exceeded their useful life and for which the cost of renovation exceeds the cost of replacement structures: $500,000 each for 5 routine maintenance buildings (Nahunta, Eatonton, Louisville, Richmond Hill, and Woodbine), $750,000 for the area office in LaGrange, $650,000 for the area office in Milledgeville, and $1,200,000 for the special forces building in Sparta which houses regional quick response teams.
Provide funds for State Fund Construction - On System to help advance construction projects in the state transportation improvement program (STIP).
Amount appropriated in this Act

$0

$0

$0

$0

$185,749,276 $1,061,558,546

46.10. State Highway System Maintenance

Purpose: The purpose is to coordinate all statewide maintenance activities.

Total Funds

$332,164,723

Federal Funds and Grants

$153,104,852

Federal Highway Administration Highway Planning and Construction

$148,458,050

Federal Funds Not specifically Identified

$4,646,802

Other Funding Sources

$642,602

Agency Funds

$642,602

State Funds

$178,417,269

State Motor Fuel

$178,417,269

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$178,417,269 $332,164,723

Provide for the FY 2007 adjustment in the Workers' Compensation premium.

$0

$0

Amount appropriated in this Act

$178,417,269 $332,164,723

46.11. State Highway System Operations

Purpose: The purpose is to ensure a safe and efficient transportation system statewide through traffic engineering and traffic management.

Total Funds

$62,366,766

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2227

Federal Funds and Grants

$35,670,542

Federal Highway Administration Highway Planning and Construction

$24,469,556

Federal Funds Not specifically Identified

$11,200,986

Other Funding Sources

$4,026,240

Agency Funds

$4,026,240

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 (HB1027)

$22,669,984 $62,366,766

Provide for the FY 2007 adjustment in the Workers' Compensation premium.

$0

$0

Provide funds to cover the current employer share of

$0

$0

the State Health Benefit Plan premium.

Amount appropriated in this Act

$22,669,984 $62,366,766

46.12. Transit

Purpose: 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

$25,599,105

Federal Funds and Grants

$18,629,445

Federal Transit Administration Capital Investment Grants

$12,858,431

Federal Funds Not specifically Identified

$5,771,014

Other Funding Sources

$2,000

Agency Funds

$2,000

State Funds

$6,967,660

State General Funds

$6,967,660

Section 47: Veterans Service, Department of Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources

$34,833,331 $10,969,879 $10,969,879
$0

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State Funds State General Funds
Intra-State Government Transfers

$23,863,452 $23,863,452
$0

47.1. Administration

Purpose: 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

$664,624

State Funds

$664,624

State General Funds

$664,624

47.2. Georgia Veterans Memorial Cemetery

Purpose: 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

$442,737

Federal Funds and Grants

$36,554

Federal Funds Not specifically Identified

$36,554

State Funds

$406,183

State General Funds

$406,183

47.3. Georgia War Veterans Nursing Home - Augusta

Purpose: 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

$8,758,708

Federal Funds and Grants

$3,104,750

Federal Funds Not specifically Identified

$3,104,750

State Funds

$5,653,958

State General Funds

$5,653,958

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$4,935,539

$8,040,289

Increase funding to the Augusta Nursing Home to offset rising healthcare costs.

$718,419

$718,419

Amount appropriated in this Act

$5,653,958

$8,758,708

FRIDAY, APRIL 13, 2007

2229

47.4. Georgia War Veterans Nursing Home - Milledgeville

Purpose: The purpose is to provide both skilled nursing and domiciliary care to aged and infirmed Georgia war veterans.

Total Funds

$18,593,248

Federal Funds and Grants

$7,225,135

Federal Funds Not specifically Identified

$7,225,135

State Funds

$11,368,113

State General Funds

$11,368,113

47.5. Veterans Benefits

Purpose: The purpose is to serve Georgia's veterans, their dependents and survivors in all matters pertaining to veterans benefits by informing the veterans and their families about veterans benefits, and directly assisting and advising them in securing the benefits to which they are entitled.

Total Funds

$6,374,014

Federal Funds and Grants

$603,440

Federal Funds Not specifically Identified

$603,440

State Funds

$5,770,574

State General Funds

$5,770,574

Section 48: Workers' Compensation, State Board of Total Funds Federal Funds and Grants Other Funding Sources
Other Funds Not Specifically Identified State Funds
State General Funds Intra-State Government Transfers

$16,220,599 $0
$120,000 $120,000 $16,100,599 $16,100,599
$0

48.1. Administration

Purpose: 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

Other Funding Sources

$120,000

Other Funds Not Specifically Identified

$120,000

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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 (HB1027)

$6,199,153

$6,319,153

Realize CNG savings by redistributing funds from the Administration program to the Administer the Workers' Compensation Laws program to provide for increased travel costs.

$0

$0

Amount appropriated in this Act

$6,199,153

$6,319,153

48.2. Administer the Workers' Compensation Laws

Purpose: 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 (HB1027)

$9,901,446

$9,901,446

Realize CNG savings by redistributing funds from the Administration program to the Administer the Workers' Compensation Laws program to provide for increased travel costs.

$0

$0

Amount appropriated in this Act

$9,901,446

$9,901,446

Section 49: General Obligation Debt Sinking Fund Total Funds Federal Funds and Grants Other Funding Sources State Funds
State Motor Fuel State General Funds Intra-State Government Transfers

$867,362,477 $0 $0
$867,362,477 $155,000,000 $712,362,477
$0

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2231

49.1. General Obligation Bonds - Issued

Total Funds

$769,547,410

State Funds

$769,547,410

State Motor Fuel

$155,000,000

State General Funds

$614,547,410

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$719,349,981 $719,349,981

Transfer funds from General Obligation Bonds New to General Obligation Bonds - Issued to reflect the issuance of new bonds.

$50,197,429 $50,197,429

Fund debt service.

$0

$0

Amount appropriated in this Act

$769,547,410 $769,547,410

49.2. General Obligation Bonds - New

Total Funds

$97,815,067

State Funds

$97,815,067

State General Funds

$97,815,067

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$148,012,496 $148,012,496

Total of Debt Service on Bonds Associated with this

$0

$0

Program

Transfer funds from General Obligation Bonds New to General Obligation Bonds - Issued to reflect the issuance of new bonds.

($50,197,429) ($50,197,429)

Amount appropriated in this Act

$97,815,067 $97,815,067

Bond Financing Appropriated:
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.
From the appropriation designated "State General Funds (New)", $12,588,538 is

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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 months.
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.
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.
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.
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.
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)", $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,

FRIDAY, APRIL 13, 2007

2233

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.
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 more than $4,700,000 in principal amount of General Obligation Debt, the instruments of which

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shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $4,339,980 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $19,035,000 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)", $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, 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.

FRIDAY, APRIL 13, 2007

2235

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 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

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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)", $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)", $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.
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,

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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)", $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 Chickamauga 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 two hundred and forty months.
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.
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)", $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.
From the appropriation designated "State General Funds (New)", $27,765 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 Mountain View Public Library for that library, 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.
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,

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development, extension, enlargement, or improvement of land, waters, 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.
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.
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, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal,

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necessary or useful in connection therewith, through the issuance of not more than $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)", $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.
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

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shall have maturities not in excess of two hundred and forty months.
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.
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.
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)", $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)", $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.

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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.
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

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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.
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,

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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)", $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 two hundred and forty months.
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.
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

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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, 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)", $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.
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.
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.

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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)", $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 sixty months.
From the appropriation designated "State General Funds (New)", $51,258 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 $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.
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

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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.
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)", $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,

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highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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)", $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.
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.
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)", $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.
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

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amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $683,440 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 $8,000,000 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)", $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.
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 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.

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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)", $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.
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.
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.
From the appropriation designated "State General Funds (New)", $805,178 is specifically appropriated for the purpose of financing projects and facilities for the

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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.

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 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

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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
Notwithstanding any other statement of purpose, the purpose of each appropriation of Federal Funds and the purpose of each appropriation of 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. In the preceding sentence, "Federal Funds" means any federal funding source whether specifically identified or not specifically identified; "Other Funds" means all other fund sources except State Funds or Federal Funds, including without limitation, Intra-State Government Transfers. This paragraph does not permit an agency to include within its flex the appropriations for an agency attached to it for administrative purposes.

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:
(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%

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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).
(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).

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(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 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

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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 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 of State Funds in this Act consist of the amount stated, for each line at the lowest level of detail, associated with the statement of Program Name and Program Purpose. The appropriations of Federal Funds and of Other Funds in this Act consist of the amount stated at the highest or summary level of detail associated with the statement of Program Name and Program Purpose, and the lower levels of detail are for information only. In the preceding sentence, "Federal Funds" means any federal funding

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source, whether specifically identified or not specifically identified; "Other Funds" means all other fund sources except State Funds and Federal Funds, including in Other Funds without limitation all Intra-State Government Transfers. Regardless of placement on the page, both the highest or summary level of detail and the lower detail of appropriations of Intra-State Government Transfers will be deemed lower levels of detail of Other Funds, and the highest or summary amount will be deemed added to the highest or summary amount of the appropriation of Other Funds for the program.
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. For the Aged, Blind, and Disabled Medicaid Program, and the PeachCare program in Section 17, the lowest level of detail for the appropriations of State General Funds includes the provisos in the program statements for the Aged, Blind, and Disabled Medicaid Program and the PeachCare program.

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 94.

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

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter

Y Dempsey Y Dickson Y 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 E Franklin Y Frazier

Y Holt E Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre

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Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox E Crawford, M Y Crawford, R Y Davis, H Y Davis, S E Day

E Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders E Sailor Y Scott, A

Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M
Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M E Williams, R Y Wix Y Yates
Richardson, Speaker

On the motion, the ayes were 166, nays 0.

The motion prevailed.

Representative Horne of the 71st was excused on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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 109 SB 183 SB 213

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

Respectfully submitted, /s/ Knox of the 24th
Chairman

The Speaker announced the House in recess until 12:30 o'clock, this afternoon.

FRIDAY, APRIL 13, 2007

2257

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 adopted the report of the Committee of Conference on the following bill of the House:
HB 94. By Representatives Richardson of the 19th, Harbin of the 118th, Golick of the 34th, Burkhalter of the 50th, Keen of the 179th and others:
A BILL to amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2006, and ending June 30, 2007, known as the "General Appropriations Act;" and for other purposes.
The following Resolutions of the House were read:
HR 792. By Representative Stephens of the 164th:
A RESOLUTION commending J. Coleman and Dolores J. Ward on the occasion of their 50th wedding anniversary; and for other purposes.
HR 793. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th:
A RESOLUTION commending the Glynn County Public Schools Golden Rule Award Winners 2006-2007 for St. Simons Elementary School; and for other purposes.
HR 794. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th:
A RESOLUTION commending the Glynn County Public Schools Golden Rule Award Winners 2006-2007 for Golden Isles Elementary School; and for other purposes.
HR 795. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th:

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A RESOLUTION commending the Glynn County Public Schools Golden Rule Award Winners 2006-2007 for Altama Elementary School; and for other purposes.
HR 796. By Representatives Wilkinson of the 52nd, Ehrhart of the 36th, Franklin of the 43rd, Keen of the 179th, Walker of the 107th and others:
A RESOLUTION commending Third Day; and for other purposes.
HR 797. By Representatives Drenner of the 86th, Henson of the 87th and Benfield of the 85th:
A RESOLUTION recognizing and commending the Clarkston International Chaplins Corps; and for other purposes.
HR 798. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th:
A RESOLUTION commending the Glynn County Public Schools Golden Rule Award Winners 2006-2007 for Glyndale Elementary School; and for other purposes.
HR 799. By Representatives Carter of the 175th, Shaw of the 176th and Black of the 174th:
A RESOLUTION recognizing April 24, 2007, as Valdosta/Lowndes Teens Against Bullying Day; and for other purposes.
HR 800. By Representative Davis of the 122nd:
A RESOLUTION commending Pastors Reginald and Wanta' Ezell; and for other purposes.
HR 801. By Representative Smith of the 113th:
A RESOLUTION honoring and remembering the life of Charles Willard Kilpatrick; and for other purposes.
HR 802. By Representatives Smith of the 113th, Martin of the 47th, Harbin of the 118th, Lewis of the 15th, Jones of the 46th and others:
A RESOLUTION honoring and remembering the life of Lonzo Judson Akin; and for other purposes.

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2259

HR 803. By Representatives Byrd of the 20th, Hill of the 21st, Jerguson of the 22nd and Hamilton of the 23rd:
A RESOLUTION commending Kyle Alan Holmes; and for other purposes.
HR 804. By Representative Stephens of the 164th:
A RESOLUTION recognizing and commending the HoneyBaked Ham Company for 50 years of serving the highest quality products; and for other purposes.
HR 805. By Representatives Keen of the 179th, Burkhalter of the 50th, Fleming of the 117th, Roberts of the 154th and Ehrhart of the 36th:
A RESOLUTION commending Vickie Lochbaum of the legislative Fiscal Office on the occasion of her retirement; and for other purposes.
HR 806. By Representative Sims of the 169th:
A RESOLUTION honoring and remembering the life of Dr. Edwin Davis; and for other purposes.
HR 807. By Representatives Keen of the 179th, Burkhalter of the 50th, Fleming of the 117th, Roberts of the 154th and Ehrhart of the 36th:
A RESOLUTION commending Judy Hill of the Legislative Fiscal Office on the occasion of her retirement; and for other purposes.
HR 808. By Representatives Reese of the 98th and Mills of the 25th:
A RESOLUTION commending Jacob Travis; and for other purposes.
HR 809. By Representative Amerson of the 9th:
A RESOLUTION recognizing and commending Mike and Kynn Cottrell; and for other purposes.
HR 810. By Representatives Mangham of the 94th and Brooks of the 63rd:
A RESOLUTION honoring and remembering the life of Pamela Aquica Orange; and for other purposes.

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HR 811. By Representatives Mangham of the 94th, Brooks of the 63rd, Stephenson of the 92nd, Sinkfield of the 60th, Holmes of the 61st and others:
A RESOLUTION expressing regret at the passing of Linwood R. Slayton, Jr.; and for other purposes.
HR 812. By Representatives Mangham of the 94th, Stephenson of the 92nd and Mumford of the 95th:
A RESOLUTION commending Andrea Carter, the 2006 - 2007 Rockdale County High School Teacher of the Year; and for other purposes.
HR 813. By Representatives Mangham of the 94th, Watson of the 91st, Stephenson of the 92nd and Mosby of the 90th:
A RESOLUTION recognizing and commending Pastor James C. Ward; and for other purposes.
HR 814. By Representative Reese of the 98th:
A RESOLUTION recognizing and commending Alan Bentsen; and for other purposes.
HR 815. By Representatives Black of the 174th, Royal of the 171st, McCall of the 30th, Houston of the 170th, Carter of the 175th and others:
A RESOLUTION honoring the memory of Honorable Henry Lee Reaves and expressing regret at his passing; and for other purposes.
HR 816. By Representatives Mangham of the 94th and Stephenson of the 92nd:
A RESOLUTION commending Dionne Johnigan, the 2006 - 2007 Stephenson High School Teacher of the Year; and for other purposes.
HR 817. By Representative Sims of the 169th:
A RESOLUTION honoring and remembering the life of John Strickland Gibson; and for other purposes.
HR 818. By Representatives Benfield of the 85th, Oliver of the 83rd, Henson of the 87th, Mitchell of the 88th, Watson of the 91st and others:

FRIDAY, APRIL 13, 2007

2261

A RESOLUTION recognizing and commending Sue Ellen Owens; and for other purposes.

HR 819. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th:

A RESOLUTION commending the Glynn County Public Schools Golden Rule Award Winners 2006-2007 for Greer Elementary School; and for other purposes.

HR 820. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th:

A RESOLUTION commending the Glynn County Public Schools Golden Rule Award Winners 2006-2007 for Goodyear Elementary School; and for other purposes.

HR 821. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th:

A RESOLUTION commending the Glynn County Public Schools Golden Rule Award Winners 2006-2007 for Oglethorpe Point Elementary School; and for other purposes.

HR 822. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th:

A RESOLUTION commending the Glynn County Public Schools Golden Rule Award Winners 2006-2007 for Burroughs-Molette Elementary School; and for other purposes.

HR 823. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th:

A RESOLUTION commending the Glynn County Public Schools Golden Rule Award Winners 2006-2007 for Satilla Marsh Elementary School; and for other purposes.

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

Abdul-Salaam Y Abrams Y Amerson

Y Dempsey Y Dickson
Dollar

Holt Y Horne Y Houston

Martin Y Maxwell Y May

Scott, M Y Sellier Y Setzler

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Ashe Y Barnard
Bearden E Beasley-Teague
Benfield Benton Y Black Y Bridges Y Brooks Bruce Y Bryant Y Buckner Burkhalter Y Burns Butler Y Byrd Carter, A Y Carter, B Y Casas Chambers Y Channell Y Cheokas Coan Cole Y Coleman Y Collins Cooper Y Cox E Crawford, M Y Crawford, R Y Davis, H Y Davis, S E Day

Drenner Y Dukes Y Ehrhart Y England
Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J
Fludd E Forster
Franklin Y Frazier E Freeman
Gardner Y Geisinger Y Glanton Y Golick
Gordon Y Graves Y Greene Y Hamilton
Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall
Hembree Henson Y Hill, C Hill, C.A Holmes

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

Y McCall Y McKillip Y Meadows Y Millar
Mills Y Mitchell E Morgan Y Morris
Mosby Y Mumford
Murphy Neal Y Nix Y Oliver O'Neal Y Parham Y Parrish Y Parsons Y Peake Porter Powell Y Pruett Ralston Randall Reece Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders E Sailor Y Scott, A

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

On the adoption of the Resolutions, the ayes were 99, nays 0.

The Resolutions were adopted.

Representative Carter of the 175th 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 Resolution of the House was read and referred to the Committee on Rules:

HR 824. By Representatives Tumlin of the 38th, Manning of the 32nd, Teilhet of the 40th, Ehrhart of the 36th, Parsons of the 42nd and others:

A RESOLUTION recognizing and commending educator Emily Jennette and inviting her to appear before the House of Representatives; and for other purposes.

FRIDAY, APRIL 13, 2007

2263

The following supplemental Rules Calendars were read and adopted:

HOUSE SUPPLEMENTAL RULES CALENDAR FRIDAY, APRIL 13, 2007

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 36th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

SB 209

Augusta Judicial Circuit; judges of Superior Court; supplement; change provisions (Judy-Fleming-117th) Whitehead, Sr.-24th

Modified Open Rule

None

Modified Structured Rule

SB 95

Cigarettes/Tobacco; minors; unlawful to attempt purchase; vending machines; change certain provisions (JudyNC-Cole-125th) Carter-13th

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

HOUSE SUPPLEMENTAL RULES CALENDAR FRIDAY, APRIL 13, 2007

Mr. Speaker and Members of the House:

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JOURNAL OF THE HOUSE

The Committee on Rules has fixed the calendar for this 36th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

HB 95

General appropriations; State Fiscal Year July 1, 2007 - June 30, 2008 (Substitute)(App-Richardson-19th)

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

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 95. By Representatives Richardson of the 19th, Harbin of the 118th, Golick of the 34th, Burkhalter of the 50th, Keen of the 179th and others:

A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008; and for other purposes.

The following Committee substitute was read:

FRIDAY, APRIL 13, 2007

2265

A BILL

To make and provide appropriations for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008; 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, 2007, and ending June 30, 2008, as prescribed hereinafter for such fiscal year:

Total Funds

$37,323,438,021

Federal Funds and Grants

$10,052,864,466

Temporary Assistance for Needy Families Block Grant

$279,321,479

Social Services Block Grant

$50,486,793

Child Care and Development Block Grant

$55,335,942

Foster Care Title IV-E

$44,750,418

Maternal and Child Health Services Block Grant

$17,348,034

Medical Assistance Program

$5,383,135,651

Preventive Health and Health Services Block Grant

$4,203,962

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

$1,264,413,242

Federal Transit Administration Capital Investment Grants

$12,858,431

State Children's Insurance Program

$241,440,694

Community Services Block Grant

$17,189,252

Low-Income Home Energy Assistance

$18,970,241

TANF Block Grant Unobligated Balance

$153,953,396

Federal Funds Not specifically Identified

$2,445,656,074

Other Funding Sources

$4,119,141,323

Agency Funds

$1,586,102,295

Research Funds

$1,598,685,298

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Records Center Storage Fee Indigent Care Trust Fund - Public Hospital Authorities Other Funds Not Specifically Identified State Funds Lottery Funds Tobacco Funds State Motor Fuel Brain and Spinal Injury Trust Fund State General Funds Intra-State Government Transfers Health Insurance Payments Retirement Payments Self Insurance Trust Fund Payments Other Intra-State Government Payments

$435,771 $158,537,322 $775,380,637 $20,230,620,936 $841,554,506 $148,344,341 $922,844,400
$3,063,194 $18,314,814,495
$2,920,811,296 $2,706,910,736
$42,638,154 $117,743,901 $53,518,505

Section 1: Georgia Senate Total Funds Federal Funds and Grants Other Funding Sources State Funds
State General Funds Intra-State Government Transfers

$10,077,484 $0 $0
$10,077,484 $10,077,484
$0

1.1. Lieutenant Governor's Office

Total Funds

$932,904

State Funds

$932,904

State General Funds

$932,904

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$838,701

$838,701

Reflect the budget request of the Georgia Senate.

$94,203

$94,203

Amount appropriated in this Act

$932,904

$932,904

1.2. Secretary of the Senate's Office

FRIDAY, APRIL 13, 2007

2267

Total Funds

$1,274,423

State Funds

$1,274,423

State General Funds

$1,274,423

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$1,198,966

$1,198,966

Reflect the budget request of the Georgia Senate.

$75,457

$75,457

Amount appropriated in this Act

$1,274,423

$1,274,423

1.3. Senate

Total Funds

$6,862,644

State Funds

$6,862,644

State General Funds

$6,862,644

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$6,738,774

$6,738,774

Reflect the budget request of the Georgia Senate.

$123,870

$123,870

Amount appropriated in this Act

$6,862,644

$6,862,644

1.4. Senate Budget and Evaluation Office

Purpose: Provide budget development and evaluation expertise to the State Senate.

Total Funds

$1,007,513

State Funds

$1,007,513

State General Funds

$1,007,513

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$1,002,773

$1,002,773

Reflect the budget request of the Georgia Senate.

$4,740

$4,740

Amount appropriated in this Act

$1,007,513

$1,007,513

Section 2: Georgia House of Representatives Total Funds

$18,995,716

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Federal Funds and Grants Other Funding Sources State Funds
State General Funds Intra-State Government Transfers

$0 $0 $18,995,716 $18,995,716 $0

2.1. Georgia House of Representatives

Total Funds

$18,995,716

State Funds

$18,995,716

State General Funds

$18,995,716

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$17,491,660 $17,491,660

Reflect the budget request of the Georgia House of Representatives.

$427,752

$427,752

Provide funding for an increase in per diem for House members.

$512,145

$512,145

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%

$537,576

$537,576

Reflect an adjustment in Workers' Compensation premiums.

$26,583

$26,583

Amount appropriated in this Act

$18,995,716 $18,995,716

Section 3: Georgia General Assembly Joint Offices Total Funds Federal Funds and Grants Other Funding Sources State Funds
State General Funds Intra-State Government Transfers
3.1. Ancillary Activities Purpose: Provide services for the legislative branch of government.
Total Funds

$9,725,594 $0 $0
$9,725,594 $9,725,594
$0
$4,234,402

FRIDAY, APRIL 13, 2007

2269

State Funds

$4,234,402

State General Funds

$4,234,402

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$3,833,123

$3,833,123

Reflect the budget request of the Georgia General Assembly.

$357,619

$357,619

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%

$41,120

$41,120

Reflect an adjustment in Workers' Compensation premiums.

$2,540

$2,540

Amount appropriated in this Act

$4,234,402

$4,234,402

3.2. Legislative Fiscal Office

Purpose: Act as the bookkeeper-comptroller for the legislative branch of government and maintain an account of legislative expenditures and commitments.

Total Funds

$2,487,623

State Funds

$2,487,623

State General Funds

$2,487,623

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$2,364,548

$2,364,548

Reflect the budget request of the Georgia General Assembly.

$59,056

$59,056

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%

$58,247

$58,247

Reflect an adjustment in Workers' Compensation premiums.

$5,772

$5,772

Amount appropriated in this Act

$2,487,623

$2,487,623

3.3. Office of Legislative Counsel

Purpose: Provide bill-drafting services, advice and counsel for members of the General Assembly.

Total Funds

$3,003,569

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State Funds

$3,003,569

State General Funds

$3,003,569

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$2,880,610

$2,880,610

Reflect the budget request of the Georgia General Assembly.

$7,435

$7,435

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%

$109,059

$109,059

Reflect an adjustment in Workers' Compensation premiums.

$6,465

$6,465

Amount appropriated in this Act

$3,003,569

$3,003,569

Section 4: Audits and Accounts, Department of Total Funds Federal Funds and Grants Other Funding Sources State Funds
State General Funds Intra-State Government Transfers

$34,925,085 $0 $0
$34,925,085 $34,925,085
$0

4.1. Administration

Purpose: To provide administrative support to all Department programs.

Total Funds

$1,743,365

State Funds

$1,743,365

State General Funds

$1,743,365

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$1,602,714

$1,602,714

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$20,251

$20,251

Increase funds to reflect adjustments in the employer

$120,400

$120,400

FRIDAY, APRIL 13, 2007

2271

share of State Health Benefit Plan premiums, Georgia Building Authority real estate rental rate and adjustments for other operational needs.
Amount appropriated in this Act

$1,743,365

$1,743,365

4.2. Audits and Assurance Services

Purpose: Provide financial, performance, and information system audits.

Total Funds

$30,774,320

State Funds

$30,774,320

State General Funds

$30,774,320

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$28,053,474 $28,053,474

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$511,683

$511,683

Increase funds to reflect adjustments in the employer share of State Health Benefit Plan premiums, Georgia Building Authority real estate rental rate and adjustments for other operational needs.

$1,926,140

$1,926,140

Provide funds to fill 5 state auditor positions.

$283,023

$283,023

Amount appropriated in this Act

$30,774,320 $30,774,320

4.3. Legislative Services

Purpose: Provide information on retirement system services, promulgate statewide policies and procedures and provide fiscal note services.

Total Funds

$122,485

State Funds

$122,485

State General Funds

$122,485

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$113,096

$113,096

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$2,390

$2,390

Increase funds to reflect adjustments in the employer

$6,999

$6,999

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share of State Health Benefit Plan premiums, Georgia Building Authority real estate rental rate and adjustments for other operational needs.
Amount appropriated in this Act

$122,485

$122,485

4.4. Statewide Equalized Adjusted Property Tax Digest

Purpose: 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

$2,284,915

State Funds

$2,284,915

State General Funds

$2,284,915

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$2,158,265

$2,158,265

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$27,928

$27,928

Increase funds to reflect adjustments in the employer share of State Health Benefit Plan premiums, Georgia Building Authority real estate rental rate and adjustments for other operational needs.

$98,722

$98,722

Amount appropriated in this Act

$2,284,915

$2,284,915

Section 5: Appeals, Court of Total Funds Federal Funds and Grants Other Funding Sources
Other Funds Not Specifically Identified State Funds
State General Funds Intra-State Government Transfers

$13,717,649 $0
$90,000 $90,000 $13,627,649 $13,627,649
$0

5.1. Court of Appeals
Purpose: 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

FRIDAY, APRIL 13, 2007

2273

by law.

Total Funds

$13,717,649

Other Funding Sources

$90,000

Other Funds Not Specifically Identified

$90,000

State Funds

$13,627,649

State General Funds

$13,627,649

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$12,751,212 $12,841,212

Annualize the AFY 2007 increase in State Health Benefit Plan($273,257), Workers' Compensation($4,271), and the reinstatement of funding for 2 positions($98,440).

$375,968

$375,968

Annualize funding for the AFY 2007 2.89% pay raise for Judges and 4% pay raise for staff.

$286,325

$286,325

Provide funds for a 3% pay raise for judges and staff

$0

$0

effective January 1, 2008.

Provide funds for an administrative assistant.

$60,990

$60,990

Provide funds for a staff attorney.

$101,667

$101,667

Provide funds for real estate rental for storage space at an off-site location for disaster recovery.

$30,000

$30,000

Provide funds Georgia Building Authority rent.

$21,487

$21,487

Amount appropriated in this Act

$13,627,649 $13,717,649

Section 6: Judicial Council Total Funds Federal Funds and Grants Other Funding Sources State Funds
State General Funds Intra-State Government Transfers

$18,404,125 $0 $0
$18,404,125 $18,404,125
$0

6.1. Appellate Resource Center
Purpose: The purpose of this program is to provide representation to all death penalty sentenced inmates in habeas proceedings.

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Total Funds

$1,079,340

State Funds

$1,079,340

State General Funds

$1,079,340

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$800,000

$800,000

Increase funds for an attorney and investigator.

$279,340

$279,340

Amount appropriated in this Act

$1,079,340

$1,079,340

6.2. Georgia Office of Dispute Resolution

Purpose: The purpose is to oversee the development of court-connected alternative dispute resolution programs in Georgia.

Total Funds

$215,569

State Funds

$215,569

State General Funds

$215,569

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$365,383

$365,383

Annualize funding for the 4% payraise for staff effective January 1, 2007.

$11,853

$11,853

Annualize the increase in funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 14.20% to 16.713%.

$5,526

$5,526

Provide for a 4% increase for staff effective January 1, 2008

$0

$0

Annualize the increase in funds to reflect an adjustment in Workers' Compensation premiums.

$172

$172

Increase funds for a new program coordinator position.

$48,204

$48,204

Reduce funding for the Office of Dispute Resolution.

($215,569)

($215,569)

Amount appropriated in this Act

$215,569

$215,569

6.3. Institute of Continuing Judicial Education Purpose: The purpose is to provide basic training and continuing education to elected

FRIDAY, APRIL 13, 2007

2275

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

Total Funds

$1,487,434

State Funds

$1,487,434

State General Funds

$1,487,434

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$1,126,382

$1,126,382

Annualize funding for the 4% payraise for staff effective January 1, 2007.

$15,125

$15,125

Provide for a 4% increase for staff effective January 1, 2008

$0

$0

Increase funds for judges' travel.

$19,500

$19,500

Increase funds for a position to administer the Georgia Council of Court Administrators certificate program.

$127,427

$127,427

Increase funds for the University of Georgia contract for additional training.

$199,000

$199,000

Amount appropriated in this Act

$1,487,434

$1,487,434

6.4. Judicial Council

Purpose: 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

$15,286,847

State Funds

$15,286,847

State General Funds

$15,286,847

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$10,913,173 $10,913,173

Annualize funding for the 4% payraise for staff effective January 1, 2007.

$146,063

$146,063

Annualize the increase in funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 14.20% to 16.713%.

$89,569

$89,569

Provide for a 4% increase for staff effective January 1, 2008

$0

$0

2276

JOURNAL OF THE HOUSE

Annualize the increase in funds to reflect an adjustment in Workers' Compensation premiums.
Provide funds to the Judicial Council Standing Committee in Drug Courts for Felony and Juvenile Drug Courts ($1,500,000) and for DUI/Drug Courts ($600,000).
Annualize funds for Westlaw for Council of Magistrate Court Judges.
Provide funds for new Guardianship Video for Probate Court.
Provide funds to the Council of State Court Judges for Mock Trial Competition.
Provide funds for a 4.5% increase in legal services for Victims of Domestic Violence.
Annualize funds to the Georgia Courts Automation Commission for software certification.
Annualize funds for Westlaw for Council of Probate Court Judges.
Provide funds to the Georgia Courts Automation Commission for Executive Director's salary.
Annualize the increase in funds for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.
Annualize funds to the County and Municipal Probation Advisory Council for increased workload due to the passage of SB 44.
Annualize additional state funds to match federal funds for the Child Placement Project.
Provide funds to establish standards for information exchange for Georgia's five classes of trial courts.
Provide funds to the Child Support Guidelines Commission to increase federal match ($5,454) and a staff attorney for the Child Support Guidelines Commission ($96,310).
Fund travel for the Administrative Office of the Courts (AOC) ($19,000) and 3 additional Software Specialist positions ($245,234).
Provide funds for the continuation of the Citation Automation Project.

$3,160 $2,100,000
$20,000 $65,000 $30,000 $94,279 $74,330 $20,000 $27,867 $65,882
$222,219
$173,857 $0
$101,764
$264,234
$161,566

$3,160 $2,100,000
$20,000 $65,000 $30,000 $94,279 $74,330 $20,000 $27,867 $65,882
$222,219
$173,857 $0
$101,764
$264,234
$161,566

FRIDAY, APRIL 13, 2007

2277

Provide funds for a database administrator ($86,455) and 3 research positions ($83,608).
Provide funds to establish standards for information exchange for Georgia's five classes of trial courts.
Provide funds for child support calculator changes to comply with statutory requirements of SB 382.
Amount appropriated in this Act

$170,063 $343,821 $200,000 $15,286,847

$170,063 $343,821 $200,000 $15,286,847

6.5. Judicial Qualifications Commission

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

Total Funds

$334,935

State Funds

$334,935

State General Funds

$334,935

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$259,574

$259,574

Annualize funding for the 4% payraise for staff effective January 1, 2007.

$4,935

$4,935

Annualize the increase in funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 14.20% to 16.713%.

$3,039

$3,039

Provide for a 4% increase for staff effective January 1, 2008

$0

$0

Increase funds for a paralegal/investigator position.

$67,387

$67,387

Amount appropriated in this Act

$334,935

$334,935

Section 7: Juvenile Courts Total Funds Federal Funds and Grants Other Funding Sources State Funds
State General Funds Intra-State Government Transfers

$6,574,371 $0 $0
$6,574,371 $6,574,371
$0

2278

JOURNAL OF THE HOUSE

7.1. Council of Juvenile Court Judges

Purpose: 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

$1,620,185

State Funds

$1,620,185

State General Funds

$1,620,185

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$1,538,714

$1,538,714

Annualize funds for the 4% pay raise for staff effective January 1, 2007.

$34,303

$34,303

Annualize the increase in funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$22,168

$22,168

Annualize funds for increase in mileage reimbursement rate from .28 to .445 per mile.

$25,000

$25,000

Provide funds for a 4% pay raise for staff effective January 1, 2008.

$0

$0

Amount appropriated in this Act

$1,620,185

$1,620,185

7.2. Grants to Counties for Juvenile Court Judges

Purpose: This program mandates payment of state funds to circuits to pay for juvenile court judges salaries.

Total Funds

$4,954,186

State Funds

$4,954,186

State General Funds

$4,954,186

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$4,910,831

$4,910,831

Annualize funds for Juvenile Judge for Coweta County effective January 1, 2007.

$10,625

$10,625

Provide funds for a 2% pay raise for staff effective January 1, 2007 for Judges per HB 334 OCGA 1511-18(d)(2)(e).

$32,730

$32,730

Amount appropriated in this Act

$4,954,186

$4,954,186

FRIDAY, APRIL 13, 2007

2279

Section 8: Prosecuting Attorneys Total Funds Federal Funds and Grants Other Funding Sources
Other Funds Not Specifically Identified State Funds
State General Funds Intra-State Government Transfers

$55,168,104 $0
$1,767,046 $1,767,046 $53,401,058 $53,401,058
$0

8.1. District Attorneys

Purpose: 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

$50,226,215

Other Funding Sources

$1,767,046

Other Funds Not Specifically Identified

$1,767,046

State Funds

$48,459,169

State General Funds

$48,459,169

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$46,219,535 $47,986,581

Annualize funding for a $7,000 pay raise for District

$0

$0

Attorneys per HB 268.

Provide funding for the 2.89% pay raise for District Attorneys and the 4% pay raise to staff effective January 1, 2007.

$1,383,440

$1,383,440

Provide the increase in funds to reflect an adjustment in Workers' Compensation premiums.

$28,005

$28,005

Provide the increase in funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 14.20% to 16.713%.

$828,189

$828,189

Redirect $350,000 from one-time expense in HB 1027 judicial circuit integrated communication project to add 10 victim advocate positions.

$0

$0

Provide funds for a 4% pay raise for District Attorneys and their staff effective January 1, 2008.

$0

$0

Amount appropriated in this Act

$48,459,169 $50,226,215

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JOURNAL OF THE HOUSE

8.2. Prosecuting Attorney's Council

Purpose: This program is charged with the responsibility of assisting Georgia's District Attorneys and State Court Solicitors.

Total Funds

$4,941,889

State Funds

$4,941,889

State General Funds

$4,941,889

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$5,107,537

$5,107,537

Redirect $350,000 from one-time expense in HB 1027 judicial circuit integrated communication project to add 10 victim advocate positions.

($350,000)

($350,000)

Annualize funding as a result of a FY 2006 veto.

$0

$0

Provide funding for a 4% pay raise for Prosecuting Attorneys Council (PAC) effective January 1, 2007.

$112,120

$112,120

Provide the increase in funds to reflect an adjustment in Workers' Compensation premiums.

$2,276

$2,276

Provide the increase in funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 14.20% to 16.713%.

$69,956

$69,956

Provide funds for a 4% pay raise for Prosecuting Attorneys Council (PAC) effective January 1, 2008.

$0

$0

Amount appropriated in this Act

$4,941,889

$4,941,889

Section 9: Public Defender Standards Council, Georgia Total Funds Federal Funds and Grants Other Funding Sources
Other Funds Not Specifically Identified State Funds
State General Funds Intra-State Government Transfers

$43,756,917 $0
$8,083,033 $8,083,033 $35,673,884 $35,673,884
$0

9.1. Public Defender Standards Council Purpose: The Standards Council provides administrative, fiscal, appellate, and

FRIDAY, APRIL 13, 2007

2281

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

$9,421,413

Other Funding Sources

$2,323,660

Other Funds Not Specifically Identified

$2,323,660

State Funds

$7,097,753

State General Funds

$7,097,753

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$10,607,210 $11,167,007

Replace state funds with agency funds.

($1,517,082)

$0

Transfer funds from Capital Defenders Office to Conflict Case Office.

($1,992,375) ($1,992,375)

Provide funds to add central office staff.

$0

$246,781

Amount appropriated in this Act

$7,097,753

$9,421,413

9.2. Public Defenders

Purpose: 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

$34,335,504

Other Funding Sources

$5,759,373

Other Funds Not Specifically Identified

$5,759,373

State Funds

$28,576,131

State General Funds

$28,576,131

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$17,224,912 $18,637,947

Provide funds for 50 Juvenile assistant public defenders.

$1,682,618

$1,682,618

Annualize funds for personal services.

$8,264,300

$8,264,300

Provide funds for opt-out circuits.

$1,984,000

$1,984,000

Provide additional funds for the conflict case office.

$2,440,841

$2,440,841

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Provide funding for items not included in the FY07 budget because of funding limits based on funding structure.
Replace state funds with IOLTA (Interest on Lawyers Trust Account) funds.
Provide funds for 9 public defenders, due to new judgeships to be absorbed over two fiscal years.
Amount appropriated in this Act

$0

$1,054,408

($3,291,930) $271,390
$28,576,131

$0 $271,390 $34,335,504

Section 10: Superior Courts Total Funds Federal Funds and Grants Other Funding Sources State Funds
State General Funds Intra-State Government Transfers

$57,978,494 $0 $0
$57,978,494 $57,978,494
$0

10.1. Council of Superior Court Clerks

Purpose: 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

$311,541

State Funds

$311,541

State General Funds

$311,541

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$243,000

$243,000

Provide training for Superior Court clerks who serve as Juvenile Court clerks.

$15,000

$15,000

Provide funds for Judicial Law Clerk to address Habeas Corpus backlog in Atlantic District.

$53,541

$53,541

Amount appropriated in this Act

$311,541

$311,541

10.2. Council of Superior Court Judges
Purpose: 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,

FRIDAY, APRIL 13, 2007

2283

training, policy development and budgetary and fiscal administration.

Total Funds

$1,050,165

State Funds

$1,050,165

State General Funds

$1,050,165

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$971,630

$971,630

Reflect an adjustment in Workers' Compensation premiums.

$746

$746

Annualize funding for 4% pay raise for staff effective January 1, 2007.

$9,831

$9,831

Annualize the increase in funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 14.20% to 16.713%.

$10,496

$10,496

Annualize the increase in funds for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$11,488

$11,488

Annualize funds for temporary labor.
Provide funds for 4% pay raise for Council of Superior Court Judges staff effective January 1, 2008 and step increases (4.8%) for staff July 1, 2007.
Fund FY 2007 increases and adjustments, and other costs.
Amount appropriated in this Act

$0 $18,774

$0 $18,774

$27,200 $1,050,165

$27,200 $1,050,165

10.3. Judicial Administrative Districts

Purpose: 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

$2,291,200

State Funds

$2,291,200

State General Funds

$2,291,200

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

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Amount from prior Appropriation Act (HB1027)
Reflect an adjustment in Workers' Compensation premiums.
Annualize funding for 4% pay raise for staff effective January 1, 2007.
Annualize the increase in funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 14.20% to 16.713%.
Provide security training to judges and their immediate family.
Provide funds for 4% pay raise for Judicial Administration Districts staff effective January 1, 2008.
Provide funds for an increase in regular operating funds.
Amount appropriated in this Act

State Funds $2,184,721
$1,037
$22,117
$26,179

Total Funds $2,184,721
$1,037
$22,117
$26,179

$50,000 $0

$50,000 $0

$7,146 $2,291,200

$7,146 $2,291,200

10.4. Superior Court Judges

Purpose: 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

$54,325,588

State Funds

$54,325,588

State General Funds

$54,325,588

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$50,109,108 $50,109,108

Reflect an adjustment in Workers' Compensation premiums.

$6,989

$6,989

Annualize funding for 4% pay raise for staff effective January 1, 2007.

$146,485

$146,485

Annualize the increase in funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 14.20% to 16.713%.

$74,976

$74,976

Annualize funding for 2.89% pay raise for judges effective January 1, 2007.

$399,858

$399,858

FRIDAY, APRIL 13, 2007

2285

Annualize funding for step increase pay raise for secretaries effective April 1, 2007.
Provide funds for new judgeships for the Cobb and Dublin circuits.
Annualize the restoration of budget reduction from FY 2005.
Provide funds for increase in mileage reimbursement rate from .28 to .445 per mile.
Provide funds for 10 new law assistant positions and their operating expenses.
Provide funds to counties for courthouse security.
Provide funds for 4% pay raise for Judges effective January 1, 2008.
Provide funds for 4% pay raise for secretaries effective January 1, 2008.
Provide funds for 4% pay raise for law clerks effective January 1, 2008.
Restore budget reduction from FY 2005.
Provide funds for secretaries pay raise requested in HB 1027 effective April 1, 2007.
Fund FY 2007 increases and adjustments in health insurance, FICA, retirement, and other costs.
Reduce Grants to Counties account in order to move funds to salaries and fringes.
Amount appropriated in this Act

$0 $724,136
$0 $220,000 $513,614
$0 $0 $0 $0 $0 $2,011,631 $2,278,791 ($2,160,000) $54,325,588

$0 $724,136
$0 $220,000 $513,614
$0 $0 $0 $0 $0 $2,011,631 $2,278,791 ($2,160,000) $54,325,588

Section 11: Supreme Court Total Funds Federal Funds and Grants Other Funding Sources State Funds
State General Funds Intra-State Government Transfers

$8,357,817 $0 $0
$8,357,817 $8,357,817
$0

11.1. Supreme Court of Georgia
Purpose: The purpose is to be a court of review and exercise exclusive appellate jurisdiction in all cases in

2286

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Total Funds

$8,357,817

State Funds

$8,357,817

State General Funds

$8,357,817

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$7,921,323

$7,921,323

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$0

$0

Annualize funding for 2.89% payraises for Judges and 4% for staff effective January 1, 2007.

$234,202

$234,202

Annualize the increase in funds for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$80,477

$80,477

Annualize the increase in funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 14.20% to 16.713.

$116,401

$116,401

Annualize the increase in funds to reflect an adjustment in Workers' Compensation premiums.

$5,414

$5,414

Provide funds for a 4% payraise for judges and staff effective January 1, 2008.

$0

$0

Amount appropriated in this Act

$8,357,817

$8,357,817

Section 12: Accounting Office, State Total Funds Federal Funds and Grants Other Funding Sources
Other Funds Not Specifically Identified State Funds
State General Funds Intra-State Government Transfers
Other Intra-State Government Payments

$16,432,807 $0
$117,662 $117,662 $7,459,351 $7,459,351 $8,855,794 $8,855,794

12.1. State Accounting Office Purpose: Support statewide PeopleSoft financials and human capital management,

FRIDAY, APRIL 13, 2007

2287

provide the comprehensive annual financial report of Georgia, and create accounting procedures and policies for state agencies.

Total Funds

$16,432,807

Other Funding Sources

$117,662

Other Funds Not Specifically Identified

$117,662

State Funds

$7,459,351

State General Funds

$7,459,351

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 (HB1027)

$6,802,841 $15,776,297

Annualize the cost of the FY 2007 salary adjustment.

$31,389

$31,389

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$17,598

$17,598

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$386,439

$386,439

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$263,538

$263,538

Reduce non-recurring expenses related to the PeopleSoft upgrade, the statewide reporting tool, and the accounts receivable initiative ($3,499,715), and fund 17 positions and operating expenses to support all State Accounting Office functions ($1,752,261).

($1,747,454) ($1,747,454)

Transfer funding and 11 positions for the Asset Management Program (AMP) initiative from the Department of Administrative Services.

$1,705,000

$1,705,000

Amount appropriated in this Act

$7,459,351 $16,432,807

Section 13: Administrative Services, Department of Total Funds Federal Funds and Grants

$168,828,254 $0

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JOURNAL OF THE HOUSE

Other Funding Sources Agency Funds Other Funds Not Specifically Identified
State Funds State General Funds
Intra-State Government Transfers Self Insurance Trust Fund Payments Other Intra-State Government Payments

$12,123,868 $11,770,637
$353,231 $19,289,227 $19,289,227 $137,415,159 $117,743,901 $19,671,258

13.1. Administration

Purpose: To provide administrative support to all department programs.

Total Funds

$6,580,649

Other Funding Sources

$1,997,742

Agency Funds

$1,997,742

State Funds

$4,582,907

State General Funds

$4,582,907

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$3,495,206

$5,579,866

Annualize the cost of the FY 2007 salary adjustment.

$13,084

$27,256

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$17,344

$17,344

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$121,129

$121,129

Reflect an adjustment in Workers' Compensation premiums.

$59,571

$59,571

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$48,251

$48,251

Transfer personal services funding and 3 positions from the Administration program to the State Purchasing program to enhance customer service and vendor relations (Total Funds: $247,768).

($146,678)

($247,768)

Provide funds to purchase annuity provided for in HR 102.

$975,000

$975,000

FRIDAY, APRIL 13, 2007

2289

Amount appropriated in this Act

$4,582,907

$6,580,649

13.2. Fiscal Services

Purpose: Provide administrative functions and services necessary for the fulfillment of the responsibilities of the Superior Courts.

Total Funds

$325,184

Other Funding Sources

$325,184

Agency Funds

$325,184

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$0

$322,037

Annualize the cost of the FY 2007 salary adjustment.

$0

$3,147

Amount appropriated in this Act

$0

$325,184

13.3. Fleet Management

Purpose: In cooperation with the Office of Planning and Budget, 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 Funds

$2,154,337

Other Funding Sources

$2,152,296

Agency Funds

$2,152,296

State Funds

$2,041

State General Funds

$2,041

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$0

$2,502,664

Annualize the cost of the FY 2007 salary adjustment.

$0

$8,249

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$2,041

$2,041

Reduce funding for motor vehicle contract maintenance due to programmatic changes (Other Funds: $243,940).

$0

($243,940)

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Reduce funding for replacement vehicles due to the decreased size of the rental pool (Other Funds $114,677).
Amount appropriated in this Act

$0

($114,677)

$2,041

$2,154,337

13.4. Mail and Courier

Purpose: Provide convenient, efficient, and cost effective services through aggregation of demand for Capitol Hill and metro area mail and package delivery services.

Total Funds

$1,398,982

Other Funding Sources

$1,393,104

Agency Funds

$1,393,104

State Funds

$5,878

State General Funds

$5,878

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$0

$1,387,642

Annualize the cost of the FY 2007 salary adjustment.

$0

$5,462

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$5,878

$5,878

Amount appropriated in this Act

$5,878

$1,398,982

13.5. Risk Management

Purpose: Provide cost minimization and fair treatment of citizens through effective claims management.

Total Funds

$137,428,923

State Funds

$13,764

State General Funds

$13,764

Intra-State Government Transfers

$137,415,159

Self Insurance Trust Fund Payments

$117,743,901

Other Intra-State Government Payments

$19,671,258

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$0 $137,389,260

Annualize the cost of the FY 2007 salary

$0

$25,899

FRIDAY, APRIL 13, 2007

2291

adjustment. Increase the Georgia Building Authority (GBA) real estate rental rate for office space. Amount appropriated in this Act

$13,764

$13,764

$13,764 $137,428,923

13.6. State Purchasing

Purpose: Reduce cost through aggregation of purchasing demand for state and local governments and provide fair and equitable access through open, structured competitive procurement.

Total Funds

$7,697,131

Other Funding Sources

$286,093

Agency Funds

$286,093

State Funds

$7,411,038

State General Funds

$7,411,038

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$9,465,212

$9,650,215

Annualize the cost of the FY 2007 salary adjustment.

$49,658

$49,658

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$11,437

$11,437

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$250,118

$250,118

Reflect an adjustment in Workers' Compensation premiums.

$101,842

$101,842

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$99,632

$99,632

Reduce funding for the e-procurement initiative to reflect projected expenditures.

($1,008,539) ($1,008,539)

Enhance customer service and vendor relations by transferring personal services funding and 3 positions from the Administration program and 1 within the State Purchasing program (Total Funds: $247,768).

$146,678

$247,768

Transfer the Asset Management Program (AMP)

($1,705,000) ($1,705,000)

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JOURNAL OF THE HOUSE

initiative to the State Accounting Office. Amount appropriated in this Act

$7,411,038

$7,697,131

13.7. Surplus Property

Purpose: 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

$2,332,891

Other Funding Sources

$2,332,891

Agency Funds

$2,332,891

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$0

$2,317,944

Annualize the cost of the FY 2007 salary adjustment.

$0

$14,947

Amount appropriated in this Act

$0

$2,332,891

13.8. U. S. Post Office

Purpose: Provide convenient and cost-effective postal services to agencies and individuals.

Total Funds

$176,990

Other Funding Sources

$155,575

Agency Funds

$155,575

State Funds

$21,415

State General Funds

$21,415

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$17,721

$173,296

Annualize the cost of the FY 2007 salary adjustment.

$1,333

$1,333

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$1,336

$1,336

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$706

$706

FRIDAY, APRIL 13, 2007

2293

Reflect an adjustment in Workers' Compensation premiums.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Amount appropriated in this Act

$38 $281
$21,415

$38 $281
$176,990

The following appropriations are for agencies attached for administrative purposes.

13.9. Agency for the Removal of Hazardous Materials

Purpose: Establish and administer a program for the abatement and removal of asbestos and other hazardous materials from state premises.

Total Funds

$85,354

State Funds

$85,354

State General Funds

$85,354

13.10. Health Planning Review Board Purpose: Review decisions made by hearing officers.
Total Funds State Funds
State General Funds

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

13.11. Office of State Administrative Hearings

Purpose: Provide an impartial and independent forum for adjudication of disputes between the public and state agencies.

Total Funds

$4,660,491

Other Funding Sources

$608,684

Agency Funds

$608,684

State Funds

$4,051,807

State General Funds

$4,051,807

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$3,829,252

$4,437,936

Annualize the cost of the FY 2007 salary adjustment.

$18,308

$18,308

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JOURNAL OF THE HOUSE

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Amount appropriated in this Act

$146,658

$146,658

$57,589

$57,589

$4,051,807

$4,660,491

13.12. Office of Treasury and Fiscal Services

Purpose: Receive and keep safely all monies which shall from time to time be paid to the treasury of this state, and pay all warrants legally drawn on the treasury.

Total Funds

$3,122,991

Other Funding Sources

$2,519,068

Agency Funds

$2,519,068

State Funds

$603,923

State General Funds

$603,923

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$666,632

$3,177,221

Annualize the cost of the FY 2007 salary adjustment.

$7,323

$15,802

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$18,575

$18,575

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$7,393

$7,393

Eliminate non-recurring expenses for consultants for the streamlined banking project.

($96,000)

($96,000)

Amount appropriated in this Act

$603,923

$3,122,991

13.13. Payments to Georgia Technology Authority

Purpose: Set the direction for the state's use of technology and promote efficient, secure and cost-effective delivery of information technology services.

Total Funds

$2,803,858

Other Funding Sources

$353,231

Other Funds Not Specifically Identified

$353,231

FRIDAY, APRIL 13, 2007

2295

State Funds

$2,450,627

State General Funds

$2,450,627

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$4,396,769

$4,750,000

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$53,858

$53,858

Reduce payments to GTA for the Statewide Wireless Broadband Initiative.

($2,000,000) ($2,000,000)

Amount appropriated in this Act

$2,450,627

$2,803,858

Section 14: Agriculture, Department of Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources
Agency Funds State Funds
State General Funds Intra-State Government Transfers

$55,028,305 $6,849,321 $6,849,321 $1,884,689 $1,884,689
$46,294,295 $46,294,295
$0

14.1. Administration

Purpose: Provide administrative support for all programs of the department.

Total Funds

$7,131,847

Federal Funds and Grants

$69,500

Federal Funds Not specifically Identified

$69,500

Other Funding Sources

$258,721

Agency Funds

$258,721

State Funds

$6,803,626

State General Funds

$6,803,626

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

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JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB1027)
Annualize the cost of the FY 2007 salary adjustment.
Increase the Georgia Building Authority (GBA) real estate rental rate for office space.
Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.
Reflect an adjustment in Workers' Compensation premiums.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Redistribute funds among programs to accurately reflect expenditures.
Realize CNG savings by redirecting funds from the Administration program to the Consumer Protection program to defray computer charges for the inspection automation project begun in FY 2006.
Fund licensing, software and hosting fees to complete the automation of food safety and weights and measures inspections project begun in FY 2006.
Provide funding to implement online licensing for the more than 100 licenses and certificates the department issues.
Amount appropriated in this Act

State Funds $6,084,719
$44,156
$20,763
$135,315

Total Funds $6,412,940
$44,156
$20,763
$135,315

$33,169 $60,217

$33,169 $60,217

($25,189) ($59,452)

($25,189) ($59,452)

$109,928

$109,928

$400,000

$400,000

$6,803,626

$7,131,847

14.2. Athens-Tifton Veterinary Diagnostic Labs

Purpose: Ensure the health of production, equine and companion animals and protect public health as it relates to animals within the State of Georgia.

Total Funds

$3,651,229

State Funds

$3,651,229

State General Funds

$3,651,229

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$3,485,061

$3,485,061

FRIDAY, APRIL 13, 2007

2297

Annualize the cost of the FY 2007 salary adjustment.
Amount appropriated in this Act

$166,168 $3,651,229

$166,168 $3,651,229

14.3. Consumer Protection

Purpose: Ensure a safe food supply, guarantee a safe and healthy supply of agricultural products, provide for accurate commercial transactions, and protect animal health (production, equine and companion) for the citizens of Georgia.

Total Funds

$31,765,642

Federal Funds and Grants

$6,749,221

Federal Funds Not specifically Identified

$6,749,221

Other Funding Sources

$935,000

Agency Funds

$935,000

State Funds

$24,081,421

State General Funds

$24,081,421

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$22,016,387 $29,700,608

Annualize the cost of the FY 2007 salary adjustment.

$241,154

$241,154

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$43,009

$43,009

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$805,547

$805,547

Reflect an adjustment in Workers' Compensation premiums.

$258,818

$258,818

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$284,736

$284,736

Redistribute funds among programs to accurately reflect expenditures.

($103,831)

($103,831)

Realize CNG savings by redirecting funds from the Administration program to the Consumer Protection program to defray computer charges for the inspection automation project begun in FY 2006.

$59,452

$59,452

Provide funds to fill 2 vacant plant protection

$69,800

$69,800

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inspector positions.
Provide funds to fill 1 vacant livestock/poultry inspector position.
Provide funds to fill 2 vacant meat inspector positions.
Provide funds to fill 3 vacant food safety inspector positions.
Redirect $150,000 in bond funds, 5-year bonds approved in FY 2005 as part of HB 1181, from predesign and design of a fuel laboratory in Forest Park to predesign of testing labs (Seed Lab, Chemical Lab, Fuel Lab, and Weights and Measures Lab) in Tifton.
Replace 8 motor vehicles with mileage in excess of 170,000 used by department inspectors.
Amount appropriated in this Act

$28,888 $73,368 $184,093
$0
$120,000 $24,081,421

$28,888 $73,368 $184,093
$0
$120,000 $31,765,642

14.4. Marketing and Promotion

Purpose: Expand sales of Georgia's commodities from growers by promoting them domestically and internationally.

Total Funds

$8,991,043

Federal Funds and Grants

$30,600

Federal Funds Not specifically Identified

$30,600

Other Funding Sources

$690,968

Agency Funds

$690,968

State Funds

$8,269,475

State General Funds

$8,269,475

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$7,842,177

$8,563,745

Annualize the cost of the FY 2007 salary adjustment.

$46,936

$46,936

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$10,382

$10,382

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$153,121

$153,121

FRIDAY, APRIL 13, 2007

2299

Reflect an adjustment in Workers' Compensation premiums.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Redistribute funds among programs to accurately reflect expenditures.
Eliminate contract with the Federation of Southern Cooperatives.
Amount appropriated in this Act

$56,007 $68,141

$56,007 $68,141

$129,020 ($36,309) $8,269,475

$129,020 ($36,309) $8,991,043

14.5. Poultry Veterinary Diagnostic Labs

Purpose: Provide poultry disease diagnostic and monitoring services with emphasis on avian influenza.

Total Funds

$3,488,544

State Funds

$3,488,544

State General Funds

$3,488,544

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$3,483,196

$3,483,196

Annualize the cost of the FY 2007 salary adjustment.

$47,142

$47,142

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$3,771

$3,771

Reflect an adjustment in Workers' Compensation premiums.

$415

$415

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$75,419

$75,419

Eliminate one-time funding for a liquid handling system to test for avian influenza and other diseases.

($121,399)

($121,399)

Amount appropriated in this Act

$3,488,544

$3,488,544

Section 15: Banking and Finance, Department of Total Funds

$12,434,211

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Federal Funds and Grants Other Funding Sources State Funds
State General Funds Intra-State Government Transfers

$0 $0 $12,434,211 $12,434,211 $0

15.1. Administration

Purpose: Provide administrative support to all department programs.

Total Funds

$1,901,632

State Funds

$1,901,632

State General Funds

$1,901,632

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$1,786,026

$1,786,026

Annualize the cost of the FY 2007 salary adjustment.

$19,110

$19,110

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$75,599

$75,599

Reflect an adjustment in Workers' Compensation premiums.

$5,157

$5,157

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$31,025

$31,025

Realize CNG savings by redistributing state funds to the Financial Institution Supervision program to replace 2 motor vehicles with mileage in excess of 135,000 miles.

($15,285)

($15,285)

Reflect a program reorganization by eliminating the Chartering, Licensing and Applications/NonMortgage Entities, the Consumer Protection Assistance, and the Mortgage Supervision programs and transferring funds to establish the new NonDepository Financial Institution Supervision and the new Consumer Protection and Assistance programs and transferring remaining funds to the existing Financial Institution Supervision and the Administration programs.

$0

$0

FRIDAY, APRIL 13, 2007

2301

Amount appropriated in this Act

$1,901,632

$1,901,632

15.2. Chartering, Licensing and Applications/Non-mortgage Entities

Purpose: 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 (HB1027)

$512,992

$512,992

Reflect a program reorganization by eliminating the Chartering, Licensing and Applications/NonMortgage Entities, the Consumer Protection Assistance, and the Mortgage Supervision programs and transferring funds to establish the new NonDepository Financial Institution Supervision and the new Consumer Protection and Assistance programs and transferring remaining funds to the existing Financial Institution Supervision and the Administration programs.

$0

$0

Amount appropriated in this Act

$512,992

$512,992

15.3. Consumer Protection and Assistance

Purpose: 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 (HB1027)

$529,701

$529,701

Reflect a program reorganization by eliminating the Chartering, Licensing and Applications/NonMortgage Entities, the Consumer Protection

$0

$0

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Assistance, and the Mortgage Supervision programs and transferring funds to establish the new NonDepository Financial Institution Supervision and the new Consumer Protection and Assistance programs and transferring remaining funds to the existing Financial Institution Supervision and the Administration programs.
Amount appropriated in this Act

$529,701

$529,701

15.4. Financial Institution Supervision

Purpose: Provide for safe and sound operation of Georgia state-chartered financial institutions to protect the interests of the depositors, creditors and shareholders of those institutions. Provide efficient and flexible application, registration and notification procedures that are in compliance with applicable laws, regulations, and department policies to allow financial service providers more flexibility in offering products and services that are responsive to the needs and convenience of depositors, borrowers, and other customers and conducive to economic progress.

Total Funds

$7,525,827

State Funds

$7,525,827

State General Funds

$7,525,827

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$6,956,283

$6,956,283

Annualize the cost of the FY 2007 salary adjustment.

$52,794

$52,794

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$294,174

$294,174

Reflect an adjustment in Workers' Compensation premiums.

$19,554

$19,554

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$283,559

$283,559

Realize CNG savings by redistributing state funds to the Financial Institution Supervision program to replace 2 motor vehicles with mileage in excess of 135,000 miles.

$23,696

$23,696

Realize CNG savings by reducing state funds.

($16,864)

($16,864)

FRIDAY, APRIL 13, 2007

2303

Reflect a program reorganization by eliminating the Chartering, Licensing and Applications/NonMortgage Entities, the Consumer Protection Assistance, and the Mortgage Supervision programs and transferring funds to establish the new NonDepository Financial Institution Supervision and the new Consumer Protection and Assistance programs and transferring remaining funds to the existing Financial Institution Supervision and the Administration programs.
Reduce one-time funding for Voice Over Internet Protocol installation.
Amount appropriated in this Act

$0

$0

($87,369) $7,525,827

($87,369) $7,525,827

15.5. Mortgage Supervision

Purpose: Protect customers 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 (HB1027)

$1,796,918

$1,796,918

Reflect a program reorganization by eliminating the Chartering, Licensing and Applications/NonMortgage Entities, the Consumer Protection Assistance, and the Mortgage Supervision programs and transferring funds to establish the new NonDepository Financial Institution Supervision and the new Consumer Protection and Assistance programs and transferring remaining funds to the existing Financial Institution Supervision and the Administration programs.

$0

$0

Amount appropriated in this Act

$1,796,918

$1,796,918

15.6. Non-Depository Financial Institution Supervision
Purpose: Protect consumers from unfair, deceptive or fraudulent residential mortgage lending practices and enforce applicable laws and regulations. To promote the

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JOURNAL OF THE HOUSE

availability of money services offered by non-bank entities to consumers and provide for regulation of such entities through an effective licensing and supervision program that will ensure that these entities operate in a responsible manner consistent with applicable laws, regulations, and department policies.

Total Funds

$132,000

State Funds

$132,000

State General Funds

$132,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$0

$0

Annualize the cost of the FY 2007 salary adjustment.

$12,176

$12,176

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$78,074

$78,074

Reflect an adjustment in Workers' Compensation premiums.

$5,256

$5,256

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$54,245

$54,245

Realize CNG savings by redistributing state funds to the Financial Institution Supervision program to replace 2 motor vehicles with mileage in excess of 135,000 miles.

($2,987)

($2,987)

Realize CNG savings by reducing state funds.

($14,764)

($14,764)

Reflect a program reorganization by eliminating the Chartering, Licensing and Applications/NonMortgage Entities, the Consumer Protection Assistance, and the Mortgage Supervision programs and transferring funds to establish the new NonDepository Financial Institution Supervision and the new Consumer Protection and Assistance programs and transferring remaining funds to the existing Financial Institution Supervision and the Administration programs.

$0

$0

Amount appropriated in this Act

$132,000

$132,000

15.7. Consumer Protection and Assistance

FRIDAY, APRIL 13, 2007

2305

Purpose: Assist consumers with problems encountered when dealing with department regulated entities.

Total Funds

$35,141

State Funds

$35,141

State General Funds

$35,141

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$0

$0

Annualize the cost of the FY 2007 salary adjustment.

$4,799

$4,799

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$24,189

$24,189

Reflect an adjustment in Workers' Compensation premiums.

$1,650

$1,650

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$9,927

$9,927

Realize CNG savings by redistributing state funds to the Financial Institution Supervision program to replace 2 motor vehicles with mileage in excess of 135,000 miles.

($5,424)

($5,424)

Reflect a program reorganization by eliminating the Chartering, Licensing and Applications/NonMortgage Entities, the Consumer Protection Assistance, and the Mortgage Supervision programs and transferring funds to establish the new NonDepository Financial Institution Supervision and the new Consumer Protection and Assistance programs and transferring remaining funds to the existing Financial Institution Supervision and the Administration programs.

$0

$0

Amount appropriated in this Act

$35,141

$35,141

Section 16: Community Affairs, Department of Total Funds Federal Funds and Grants

$200,850,656 $93,734,621

2306

JOURNAL OF THE HOUSE

Temporary Assistance for Needy Families Block Grant
Federal Funds Not specifically Identified Other Funding Sources
Other Funds Not Specifically Identified State Funds
Tobacco Funds State General Funds Intra-State Government Transfers

$100,000
$93,634,621 $11,243,636 $11,243,636 $95,872,399 $47,123,333 $48,749,066
$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.

16.1. Administration

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

Total Funds

$4,951,312

Federal Funds and Grants

$22,000

Federal Funds Not specifically Identified

$22,000

Other Funding Sources

$2,704,246

Other Funds Not Specifically Identified

$2,704,246

State Funds

$2,225,066

State General Funds

$2,225,066

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$2,301,555

$4,915,967

Annualize the cost of the FY 2007 salary adjustment.

$18,629

$18,629

Reflect an adjustment in the employer share of the

$62,485

$62,485

FRIDAY, APRIL 13, 2007

2307

State Health Benefit Plan premiums from 16.713% to 22.843%.
Reflect an adjustment in Workers' Compensation premiums.
Realize CNG savings by redistributing telecommunications ($5,226), computer charges ($11,631), and regular operating expenses ($2,458) to contractual services in the Administration program to fund a consultant to advise the Department of Community Affairs in the Georgia Oglethorpe Award Process.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases for the Department of Community Affairs ($142,171), the Georgia Environmental Facilities Authority (GEFA) ($4,083), and the Georgia Regional Transportation Authority (GRTA) ($66,145).
Transfer building management and 2 positions from Homeownership programs to the Administration program. (Total Funds: $111,834)
Transfer funds from Administration to State Community Development Programs to recruit master practitioners for downtown development initiatives and expand design services.
Transfer one position and associated costs from Administration to Federal Community and Economic Development Programs.
Amount appropriated in this Act

$20,288 $14,316

$20,288 $14,316

$24,169

$24,169

$0 ($36,905)

$111,834 ($36,905)

($179,471)

($179,471)

$2,225,066

$4,951,312

16.2. Building Construction

Purpose: Establish minimum building construction standards for all new structures, including mass-produced factory built (modular) buildings, built in the state.

Total Funds

$481,724

Other Funding Sources

$171,722

Other Funds Not Specifically Identified

$171,722

State Funds

$310,002

State General Funds

$310,002

The above amounts include the following adjustments, additions, and deletions to the

2308

JOURNAL OF THE HOUSE

previous appropriation act:
Amount from prior Appropriation Act (HB1027)
Annualize the cost of the FY 2007 salary adjustment.
Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.
Reflect an adjustment in Workers' Compensation premiums.
Realize CNG savings by redistributing telecommunications ($5,226), computer charges ($11,631), and regular operating expenses ($2,458) to contractual services in the Administration program to fund a consultant to advise the Department of Community Affairs in the Georgia Oglethorpe Award Process.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases for the Department of Community Affairs ($142,171), the Georgia Environmental Facilities Authority (GEFA) ($4,083), and the Georgia Regional Transportation Authority (GRTA) ($66,145).
Amount appropriated in this Act

State Funds $289,555 $2,960
$11,027

Total Funds $461,277 $2,960
$11,027

$2,428 ($234)

$2,428 ($234)

$4,266

$4,266

$310,002

$481,724

16.3. Coordinated Planning

Purpose: 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

$4,128,811

State Funds

$4,128,811

State General Funds

$4,128,811

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$3,694,744

$3,694,744

Annualize the cost of the FY 2007 salary

$19,952

$19,952

FRIDAY, APRIL 13, 2007

2309

adjustment.
Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.
Reflect an adjustment in Workers' Compensation premiums.
Realize CNG savings by redistributing telecommunications ($5,226), computer charges ($11,631), and regular operating expenses ($2,458) to contractual services in the Administration program to fund a consultant to advise the Department of Community Affairs in the Georgia Oglethorpe Award Process.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases for the Department of Community Affairs ($142,171), the Georgia Environmental Facilities Authority (GEFA) ($4,083), and the Georgia Regional Transportation Authority (GRTA) ($66,145).
Provide 2 time-limited positions and funds for the Local Update of Census Addresses project to ensure Georgia's citizens are accurately counted in the 2010 Census.
Add funds for the 16 Regional Development Centers.
Amount appropriated in this Act

$66,160 $22,156 ($5,791)
$25,590
$206,000 $100,000 $4,128,811

$66,160 $22,156 ($5,791)
$25,590
$206,000 $100,000 $4,128,811

16.4. Environmental Education and Assistance

Purpose: Provide technical assistance, resource tools, and public education outreach resources.

Total Funds

$1,047,840

State Funds

$1,047,840

State General Funds

$1,047,840

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$998,853

$998,853

Annualize the cost of the FY 2007 salary

$7,874

$7,874

2310

JOURNAL OF THE HOUSE

adjustment.
Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.
Reflect an adjustment in Workers' Compensation premiums.
Realize CNG savings by redistributing telecommunications ($5,226), computer charges ($11,631), and regular operating expenses ($2,458) to contractual services in the Administration program to fund a consultant to advise the Department of Community Affairs in the Georgia Oglethorpe Award Process.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases for the Department of Community Affairs ($142,171), the Georgia Environmental Facilities Authority (GEFA) ($4,083), and the Georgia Regional Transportation Authority (GRTA) ($66,145).
Amount appropriated in this Act

$25,729
$7,707 ($2,275)

$25,729
$7,707 ($2,275)

$9,952

$9,952

$1,047,840

$1,047,840

16.5. Federal Community & Economic Development Programs

Purpose: 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

$39,084,808

Federal Funds and Grants

$37,043,876

Federal Funds Not specifically Identified

$37,043,876

State Funds

$2,040,932

State General Funds

$2,040,932

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$1,760,337 $38,804,213

Annualize the cost of the FY 2007 salary adjustment.

$15,862

$15,862

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713%

$62,484

$62,484

FRIDAY, APRIL 13, 2007

2311

to 22.843%.
Reflect an adjustment in Workers' Compensation premiums.
Realize CNG savings by redistributing telecommunications ($5,226), computer charges ($11,631), and regular operating expenses ($2,458) to contractual services in the Administration program to fund a consultant to advise the Department of Community Affairs in the Georgia Oglethorpe Award Process.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases for the Department of Community Affairs ($142,171), the Georgia Environmental Facilities Authority (GEFA) ($4,083), and the Georgia Regional Transportation Authority (GRTA) ($66,145).
Transfer funds from Federal Community and Economic Development Programs to State Community Development Programs to recruit master practitioners for downtown development initiatives and expand design services.
Transfer one position and associated costs from Administration to Federal Community and Economic Development Programs.
Amount appropriated in this Act

$20,230 ($1,621)

$20,230 ($1,621)

$24,169

$24,169

($20,000)

($20,000)

$179,471

$179,471

$2,040,932 $39,084,808

16.6. Homeownership programs

Purpose: Expand the supply of standard affordable housing through rehabilitation and construction and provide homeownership opportunities for low and moderate income individuals.

Total Funds

$3,919,452

Other Funding Sources

$3,919,452

Other Funds Not Specifically Identified

$3,919,452

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$0

$4,031,286

Transfer building management and 2 positions from

$0

($111,834)

2312

JOURNAL OF THE HOUSE

Homeownership programs to the Administration program. (Total Funds: $111,834)
Amount appropriated in this Act

$0

$3,919,452

16.7. Local Assistance Grants

Purpose: Make grants or loans to eligible recipients or qualified local governments specified by recipient, amount, and purpose in an appropriation to the department.

Total Funds

$500,000

State Funds

$500,000

State General Funds

$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 (HB1027)

$6,540,903

$6,540,903

Eliminate one-time funding for local assistance grants.

($6,540,903) ($6,540,903)

Provide funds to the City of John's Creek for median repairs and improvement work on State Route 141.

$250,000

$250,000

Provide funds to the City of Augusta for the Southeastern Firefighters Burn Foundation at the Joseph M. Still Burn Center.

$250,000

$250,000

Amount appropriated in this Act

$500,000

$500,000

16.8. Regional Services

Purpose: Assist in the marketing, development, and implementation of housing and community and economic development projects and services.

Total Funds

$8,304,905

State Funds

$8,304,905

State General Funds

$8,304,905

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$2,134,134

$2,134,134

Annualize the cost of the FY 2007 salary adjustment.

$17,661

$17,661

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$69,836

$69,836

FRIDAY, APRIL 13, 2007

2313

Reflect an adjustment in Workers' Compensation premiums.
Realize CNG savings by redistributing telecommunications ($5,226), computer charges ($11,631), and regular operating expenses ($2,458) to contractual services in the Administration program to fund a consultant to advise the Department of Community Affairs in the Georgia Oglethorpe Award Process.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases for the Department of Community Affairs ($142,171), the Georgia Environmental Facilities Authority (GEFA) ($4,083), and the Georgia Regional Transportation Authority (GRTA) ($66,145).
Add 1 rural economic development position and related operating expenses to implement economic development strategies in rural Georgia.
Restore funding for the Local Development Fund.
Eliminate one-time funding for a boundary study of Doraville, Chamblee, and the proposed City of Dunwoody.
Amount appropriated in this Act

$19,266 ($2,454)

$19,266 ($2,454)

$27,012

$27,012

$59,450

$59,450

$6,000,000 ($20,000)

$6,000,000 ($20,000)

$8,304,905

$8,304,905

16.9. Rental Housing Programs

Purpose: Provide affordable rental housing to very low and low to 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

$62,854,222

Federal Funds and Grants

$56,556,858

Federal Funds Not specifically Identified

$56,556,858

Other Funding Sources

$3,009,535

Other Funds Not Specifically Identified

$3,009,535

State Funds

$3,287,829

State General Funds

$3,287,829

16.10. Research and Surveys Purpose: Conduct surveys and collect financial/management data from local

2314

JOURNAL OF THE HOUSE

governments and authorities as directed by statute.

Total Funds

$620,782

State Funds

$620,782

State General Funds

$620,782

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$578,685

$578,685

Annualize the cost of the FY 2007 salary adjustment.

$6,292

$6,292

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$22,053

$22,053

Reflect an adjustment in Workers' Compensation premiums.

$5,780

$5,780

Realize CNG savings by redistributing telecommunications ($5,226), computer charges ($11,631), and regular operating expenses ($2,458) to contractual services in the Administration program to fund a consultant to advise the Department of Community Affairs in the Georgia Oglethorpe Award Process.

($558)

($558)

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases for the Department of Community Affairs ($142,171), the Georgia Environmental Facilities Authority (GEFA) ($4,083), and the Georgia Regional Transportation Authority (GRTA) ($66,145).

$8,530

$8,530

Amount appropriated in this Act

$620,782

$620,782

16.11. Special Housing Initiatives Purpose: Provide funds for Special Housing Initiatives.
Total Funds Federal Funds and Grants
Temporary Assistance for Needy Families Block Grant Other Funding Sources
Other Funds Not Specifically Identified

$4,607,407 $100,000 $100,000
$1,174,515 $1,174,515

FRIDAY, APRIL 13, 2007

2315

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 (HB1027)

$3,332,892

$4,507,407

Transfer $100,000 in TANF funds to the Special Housing Initiatives program, (State Housing Trust Fund subprogram) for grants to organizations, nonprofits, collaboratives or housing authorities to provide programs for the preservation of healthy marriages among low-income individuals.

$0

$100,000

Amount appropriated in this Act

$3,332,892

$4,607,407

16.12. State Community Development Programs

Purpose: 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

$1,377,599

State Funds

$1,377,599

State General Funds

$1,377,599

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$1,234,350

$1,234,350

Annualize the cost of the FY 2007 salary adjustment.

$12,556

$12,556

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$44,106

$44,106

Reflect an adjustment in Workers' Compensation premiums.

$13,486

$13,486

Realize CNG savings by redistributing telecommunications ($5,226), computer charges ($11,631), and regular operating expenses ($2,458) to contractual services in the Administration program to fund a consultant to advise the Department of Community Affairs in the Georgia Oglethorpe Award Process.

($865)

($865)

2316

JOURNAL OF THE HOUSE

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases for the Department of Community Affairs ($142,171), the Georgia Environmental Facilities Authority (GEFA) ($4,083), and the Georgia Regional Transportation Authority (GRTA) ($66,145).
Transfer funds from the Administration program ($36,905) and Federal Community & Economic Development Programs ($20,000) to State Community Development Programs to recruit master practitioners for downtown development initiatives and expand design services.
Amount appropriated in this Act

$17,061

$17,061

$56,905

$56,905

$1,377,599

$1,377,599

16.13. State Economic Development Program

Purpose: Facilitate and stimulate economic activity, private investment, and job creation by various means including making loans and grants.

Total Funds

$10,126,614

Federal Funds and Grants

$11,887

Federal Funds Not specifically Identified

$11,887

State Funds

$10,114,727

State General Funds

$10,114,727

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$9,779,024

$9,790,911

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$3,676

$3,676

Reflect an adjustment in Workers' Compensation premiums.

$963

$963

Realize CNG savings by redistributing telecommunications ($5,226), computer charges ($11,631), and regular operating expenses ($2,458) to contractual services in the Administration program to fund a consultant to advise the Department of Community Affairs in the Georgia Oglethorpe Award Process.

($518)

($518)

FRIDAY, APRIL 13, 2007

2317

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases for the Department of Community Affairs ($142,171), the Georgia Environmental Facilities Authority (GEFA) ($4,083), and the Georgia Regional Transportation Authority (GRTA) ($66,145).
Increase funds for the Regional Economic Business Assistance (REBA) program to assist local redevelopment authorities in creating comprehensive economic development plans.
Amount appropriated in this Act

$1,422
$330,160 $10,114,727

$1,422
$330,160 $10,126,614

The following appropriations are for agencies attached for administrative purposes.

16.20. Payments to Georgia Environmental Facilities Authority

Purpose: Provide low interest loans for water, wastewater, and solid waste projects.

Total Funds

$6,592,000

Other Funding Sources

$2,135

Other Funds Not Specifically Identified

$2,135

State Funds

$6,589,865

State General Funds

$6,589,865

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$6,585,782

$6,587,917

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases for the Department of Community Affairs ($142,171), the Georgia Environmental Facilities Authority (GEFA) ($4,083), and the Georgia Regional Transportation Authority (GRTA) ($66,145).

$4,083

$4,083

Reduce one-time funding for the Georgia Rural Water Association.

$0

$0

Amount appropriated in this Act

$6,589,865

$6,592,000

2318

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16.21. Payments to Georgia Regional Transportation Authority

Purpose: Improve Georgia's mobility, air quality, and land use practices.

Total Funds

$4,867,816

State Funds

$4,867,816

State General Funds

$4,867,816

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$4,570,617

$4,570,617

Annualize the cost of the FY 2007 salary adjustment.

$35,154

$35,154

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$173,399

$173,399

Reflect an adjustment in Workers' Compensation premiums.

$22,501

$22,501

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases for the Department of Community Affairs ($142,171), the Georgia Environmental Facilities Authority (GEFA) ($4,083), and the Georgia Regional Transportation Authority (GRTA) ($66,145).

$66,145

$66,145

Amount appropriated in this Act

$4,867,816

$4,867,816

16.22. Payments to OneGeorgia Authority Purpose: Provide funds for the OneGeorgia Authority.
Total Funds Other Funding Sources
Other Funds Not Specifically Identified 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 Funds and Grants

$11,411,625,743 $5,490,827,364

FRIDAY, APRIL 13, 2007

2319

Medical Assistance Program State Children's Insurance Program Other Funding Sources Agency Funds Indigent Care Trust Fund - Public Hospital Authorities Other Funds Not Specifically Identified State Funds Tobacco Funds State General Funds Intra-State Government Transfers Health Insurance Payments

$5,249,386,670 $241,440,694 $748,403,465 $2,981,352
$158,537,322
$586,884,791 $2,465,484,178
$52,473,656 $2,413,010,522 $2,706,910,736 $2,706,910,736

17.1. Administration

Purpose: Provide administrative support to all departmental programs.

Total Funds

$411,263,115

Federal Funds and Grants

$283,809,813

Medical Assistance Program

$275,529,924

State Children's Insurance Program

$8,279,889

Other Funding Sources

$14,362,160

Agency Funds

$232,160

Other Funds Not Specifically Identified

$14,130,000

State Funds

$93,555,837

State General Funds

$93,555,837

Intra-State Government Transfers

$19,535,305

Health Insurance Payments

$19,535,305

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$87,102,839 $397,953,055

Annualize the cost of the FY 2007 salary adjustment.

$99,472

$262,009

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$116,977

$220,711

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$579,018

$1,447,599

2320

JOURNAL OF THE HOUSE

Reflect an adjustment in Workers' Compensation premiums.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Transfer funds from the Medicaid program to the Administration program to fund 5 positions ($138,372) and software ($800,000) for program integrity enhancements(Total Funds: $1,876,744).
Transfer funds to the Administration program to provide funding for 3 eligibility positions (Total Funds: $162,165).
Transfer other funds from the State Health Benefit Plan (SHBP) program to the Administration program to provide funding for 2 accounting positions to audit payroll locations (Total Funds: $161,234).
Realize CNG savings by transferring funds from telecommunications ($18,384), contractual services ($17,648) and regular operating expenses ($1,945) in the Administration program to contractual services in the Health Care Access and Improvement program for the Health Improvement Advisory Board.
Fund the annual independent review of the Georgia Healthy Families Program to assess quality, access and performance outcomes in compliance with federal regulations.
Provide funding for 8 positions for contract management process improvement.
Provide funding for 2 legal services positions to provide support for member and provider appeals.
Provide 1 financial management position to provide ongoing actuarial support.
Amount appropriated in this Act

$73,496 $225,572

$147,912 $225,572

$938,372

$1,876,744

$81,083 $0

$162,165 $161,234

($37,977)

($37,977)

$3,989,673

$7,979,345

$265,581

$592,664

$63,489

$126,978

$58,242

$145,104

$93,555,837 $411,263,115

17.2. Aged, Blind, and Disabled Medicaid

Purpose: Improve healthcare access primarily to elderly and disabled individuals.

Total Funds

$0

The above amounts include the following adjustments, additions, and deletions to the

FRIDAY, APRIL 13, 2007

2321

previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027) $1,088,523,973 $4,151,954,508

Transfer funds from the Aged, Blind and Disabled Medicaid ($1,088,523,973), Low-Income Medicaid ($836,224,798), Nursing Home Provider Fees ($99,287,176) programs and the projected quality assessment fees from the Indigent Care Trust Fund ($145,500,635) to the Medicaid program (Total Funds: $7,344,929,121).

($1,088,523,973) ($4,151,954,508)

Amount appropriated in this Act

$0

$0

17.3. Health Care Access and Improvement

Purpose: Improve the health, wellness and access to healthcare for Georgians.

Total Funds

$15,061,903

Federal Funds and Grants

$549,838

Medical Assistance Program

$549,838

Other Funding Sources

$100,000

Agency Funds

$100,000

State Funds

$14,412,065

Tobacco Funds

$1,500,000

State General Funds

$12,912,065

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$10,849,617 $11,499,455

Annualize the cost of the FY 2007 salary adjustment.

$25,372

$25,372

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$125,289

$125,289

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$48,810

$48,810

Realize CNG savings by transferring funds from telecommunications ($18,384), contractual services ($17,648) and regular operating expenses ($1,945) in the Administration program to contractual

$37,977

$37,977

2322

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services in the Health Care Access and Improvement program for the Health Improvement Advisory Board.
Implement the Health Information Technology pilot to promote health care information transparency.
Delete one-time funds for Oconee Medical Center radiation equipment.
Delete one-time funds for the Southwest Georgia Cancer Coalition.
Provide tobacco settlement funding to increase access to primary health care in rural Georgia.
Delete one-time funds to establish a statewide electronic medical records system.
Remove excess funding for the three-year commitment with Hughes Spalding Children's Hospital while its management transitions from Grady Health System to Children's Healthcare of Atlanta.
Provide additional funding to the Area Health Education Centers (AHEC), $163,000 to support student housing while on community based clinical rotations and $337,000 to increase the core operating resources for the six regional AHEC centers.
Provide funding for "new start" Community Health Centers to be administered and contracted with the Georgia Association for Primary Health Care; sites: Norcross, Gwinnett County; LaFayette, Walker County; Augusta, Richmond County and Chatsworth, Murray County.
Provide funding for behavioral health services integration with existing Community Health Centers to be administered and contracted with the Georgia Association for Primary Health Care; sites: Albany Area Primary Health Care, Inc. based in Dougherty County, serving multi-county sites in Southwest Georgia; Community Health Care Systems, Inc. based in Washington County, serving multi-county sites in East Georgia and Valley Health Care System, Inc. based in Muscogee County, serving multi-county sites in West Georgia.
Amount appropriated in this Act

$800,000 ($150,000) ($200,000) $1,500,000 ($375,000) ($500,000)
$500,000
$1,000,000
$750,000
$14,412,065

$800,000 ($150,000) ($200,000) $1,500,000 ($375,000) ($500,000)
$500,000
$1,000,000
$750,000
$15,061,903

FRIDAY, APRIL 13, 2007

2323

17.4. Indigent Care Trust Fund

Purpose: Support rural and other healthcare providers, primarily hospitals, that serve medically indigent Georgians.

Total Funds

$419,414,052

Federal Funds and Grants

$258,176,730

Medical Assistance Program

$258,176,730

Other Funding Sources

$160,737,322

Agency Funds

$2,200,000

Indigent Care Trust Fund - Public Hospital Authorities

$158,537,322

State Funds

$500,000

State General Funds

$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 (HB1027)

$146,000,635 $816,861,620

Transfer funds from the Aged, Blind and Disabled Medicaid ($1,088,523,973), Low-Income Medicaid ($836,224,798), Nursing Home Provider Fees ($99,287,176) programs and the projected quality assessment fees from the Indigent Care Trust Fund ($145,500,635) to the Medicaid program (Total Funds: $7,344,929,121).

($145,500,635) ($379,204,156)

Adjust federal and other funds roll-forward from prior year for funding available for private hospitals in the Disproportionate Share Hospital program.

$0 ($18,243,412)

Amount appropriated in this Act

$500,000 $419,414,052

17.5. Low-Income Medicaid

Purpose: Improve healthcare access primarily to low-income individuals.

Total Funds

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$836,224,798 $2,555,007,945

Transfer funds from the Aged, Blind and Disabled Medicaid ($1,088,523,973), Low-Income Medicaid ($836,224,798), Nursing Home Provider Fees ($99,287,176) programs and the projected quality

($836,224,798) ($2,555,007,945)

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JOURNAL OF THE HOUSE

assessment fees from the Indigent Care Trust Fund ($145,500,635) to the Medicaid program (Total Funds: $7,344,929,121).
Amount appropriated in this Act

$0

$0

17.6. Medicaid

Purpose: Improve health care access primarily to elderly, disabled and low-income individuals.

Total Funds

$7,512,541,232

Federal Funds and Grants

$4,715,130,178

Medical Assistance Program

$4,715,130,178

Other Funding Sources

$573,052,200

Agency Funds

$449,192

Other Funds Not Specifically Identified

$572,603,008

State Funds

$2,224,358,854

Tobacco Funds

$50,973,656

State General Funds

$2,173,385,198

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$0

$0

Transfer funds from the Aged, Blind and Disabled Medicaid ($1,088,523,973), Low-Income Medicaid ($836,224,798), Nursing Home Provider Fees ($99,287,176) programs and the projected quality assessment fees from the Indigent Care Trust Fund ($145,500,635) to the Medicaid program (Total Funds: $7,344,929,121).

$2,169,536,582 $6,694,366,476

Add funds for Medicaid incurred benefits growth (Total Funds: $158,737,512).

$59,018,607 $158,737,512

Reflect changes in federal financial participation (FFP) rate for Medicaid (Total Funds: $227,923,749).

$0 $227,923,749

Transfer funds from the Medicaid program to the Administration program to fund 5 positions ($138,372) and software ($800,000) for program integrity enhancements(Total Funds: $1,876,744).

($938,372) ($1,876,744)

Transfer funds to the Administration program to

($81,083)

($162,165)

FRIDAY, APRIL 13, 2007

2325

provide funding for 3 eligibility positions (Total Funds: $162,165).
Transfer state funds ($8,214,959) from the PeachCare program to the Medicaid program to reflect administrative rate adjustments.
Increase the reimbursement rate for Services Options Using Resource in a Community Environment (SOURCE) enhanced case management by $25 per member per month.
Replace state funds with fees earned in Department of Human Resources (DHR) for newborn screening activities.
Increase the nursing home provider fee from $9.15 per bed day to $12.21 per bed day.
Reflect projected quality assessment fees in the CMO Provider Fee subprogram in the Medicaid program.
Properly align and reflect fund sources.
Implement a Long-Term Care Partnership program to encourage investment in long-term care insurance.
Implement the Money Follows the Person Grant to balance the distribution of services between institutions and the community.
Properly align to reflect fund sources.
Reflect cost avoidance by funded eligibility positions.
Increase the reimbursement rate to $62.53 for Speech Therapy Visits, Code 92507.
Reflect cost avoidance from Program Integrity fraudulent claims prevention initiative.
The Department of Community Health shall implement a managed care program for the Aged, Blind and Disabled Medicaid population in the Atlanta region effective January 1, 2008.
Reflect savings from the authority grated to collect from liable third parties (HB 550).
Amount appropriated in this Act

$8,214,959 $22,095,102

$900,873

$2,430,850

($449,192)

$0

$21,518,782 $13,251,567

$57,877,305 $35,641,654

$0 $402,214,451

$0

$0

$0

$0

$0 $38,666,546 ($5,461,600) ($14,689,618)

$745,773

$2,005,844

($1,898,042) ($5,105,008)

($30,000,000) ($80,688,542)

($10,000,000) ($26,896,180) $2,224,358,854 $7,512,541,232

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17.7. Nursing Home Provider Fees

Purpose: 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

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$99,287,176 $258,762,512

Transfer funds from the Aged, Blind and Disabled Medicaid ($1,088,523,973), Low-Income Medicaid ($836,224,798), Nursing Home Provider Fees ($99,287,176) programs and the projected quality assessment fees from the Indigent Care Trust Fund ($145,500,635) to the Medicaid program (Total Funds: $7,344,929,121).

($99,287,176) ($258,762,512)

Amount appropriated in this Act

$0

$0

17.8. State Health Benefit Plan

Purpose: 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' health benefit plan for Fiscal Year 2008 shall not exceed 18.534% and for the state employees' health benefit plan for Fiscal Year 2008 shall not exceed 22.843%.

Total Funds

$2,687,375,431

Intra-State Government Transfers

$2,687,375,431

Health Insurance Payments

$2,687,375,431

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$0 $2,411,434,062

Transfer other funds from the State Health Benefit Plan (SHBP) program to the Administration program to provide funding for 2 accounting positions to audit payroll locations (Total Funds: $161,234).

$0

($161,234)

Increase other funds to reflect appropriated

$0 $276,102,603

FRIDAY, APRIL 13, 2007

2327

employer contributions for state health benefit plan payment and other post employment benefits for state employees.
Amount appropriated in this Act

$0 $2,687,375,431

17.9. PeachCare

Purpose: Improve access to healthcare for qualified low-income Georgia children.

Total Funds

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$67,159,673 $330,216,038

Transfer funds from the PeachCare program to the PeachCare sub-program.

($67,159,673) ($330,216,038)

Amount appropriated in this Act

$0

$0

17.10. PeachCare

Purpose: Improve access to healthcare for qualified low-income Georgia children

Total Funds

$314,661,289

Federal Funds and Grants

$233,160,805

State Children's Insurance Program

$233,160,805

Other Funding Sources

$151,783

Other Funds Not Specifically Identified

$151,783

State Funds

$81,348,701

State General Funds

$81,348,701

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$0

$0

Transfer state funds ($8,214,959) from the PeachCare program to the Medicaid program to reflect administrative rate adjustments.

($8,214,959) ($31,803,945)

Reflect projected quality assessment fees in the PeachCare program.

$22,403,987 $86,268,722

Transfer funds from the PeachCare program to the PeachCare sub-program.

$67,159,673 $330,216,038

Reduce federal and other funds due from the DHR

$0 ($1,175,633)

2328

JOURNAL OF THE HOUSE

based on projected expenditures. Adjust federal and other roll-forward funds from prior years for funding available for PeachCare benefits.
Reflect changes in FFP rate for PeachCare. Replace tobacco funds ($4,970,705) with state general funds in the PeachCare program. Properly align fund sources. Amount appropriated in this Act

$0 ($77,784,505)

$0

$8,940,612

$0

$0

$0

$0

$81,348,701 $314,661,289

The following appropriations are for agencies attached for administrative purposes.

17.11. Composite Board of Medical Examiners

Purpose: Protect the public's health by ensuring healthcare practitioners are qualified to practice in the state of Georgia.

Total Funds

$2,330,600

State Funds

$2,330,600

State General Funds

$2,330,600

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$2,202,555

$2,202,555

Annualize the cost of the FY 2007 salary adjustment.

$15,010

$15,010

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$81,345

$81,345

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$31,690

$31,690

Provide funds for 1 position to review nurse practitioner protocol agreements.

$0

$0

Amount appropriated in this Act

$2,330,600

$2,330,600

17.12. Georgia Board for Physician Workforce, Administration Purpose: Provide administrative support to all agency programs.
Total Funds

$591,850

FRIDAY, APRIL 13, 2007

2329

State Funds

$591,850

State General Funds

$591,850

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$559,455

$559,455

Annualize the cost of the FY 2007 salary adjustment.

$5,976

$5,976

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$19,012

$19,012

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$7,407

$7,407

Amount appropriated in this Act

$591,850

$591,850

17.13. Georgia Board for Physician Workforce, Graduate Medical Education

Purpose: Address the physician workforce needs of Georgia communities through the support and development of medical education programs.

Total Funds

$7,712,223

State Funds

$7,712,223

State General Funds

$7,712,223

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$6,712,223

$6,712,223

Provide funding to develop a primary health care residency program in the Athens area partnering with Athens and Gainesville hospitals.

$1,000,000

$1,000,000

Amount appropriated in this Act

$7,712,223

$7,712,223

17.14. Georgia Board for Physician Workforce, Mercer School of Medicine

Purpose: 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

$24,560,862

State Funds

$24,560,862

State General Funds

$24,560,862

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The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$19,060,862 $19,060,862

Increase operating grant to provide funding to expand Mercer's existing medical school program in Savannah.

$5,500,000

$5,500,000

Amount appropriated in this Act

$24,560,862 $24,560,862

17.15. Georgia Board for Physician Workforce, Morehouse School of Medicine

Purpose: Ensure an adequate supply of primary care and other needed physician specialists through a public/private partnership with Morehouse School of Medicine.

Total Funds

$11,147,293

State Funds

$11,147,293

State General Funds

$11,147,293

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$10,547,293 $10,547,293

Increase operating grant.

$600,000

$600,000

Amount appropriated in this Act

$11,147,293 $11,147,293

17.16. Georgia Board for Physician Workforce, Undergraduate Medical Education

Purpose: 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

17.17. State Medical Education Board

Purpose: 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

$1,427,409

State Funds

$1,427,409

State General Funds

$1,427,409

The above amounts include the following adjustments, additions, and deletions to the

FRIDAY, APRIL 13, 2007

previous appropriation act:
Amount from prior Appropriation Act (HB1027) Annualize the cost of the FY 2007 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%. Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases. Amount appropriated in this Act

State Funds $1,412,716
$2,086 $9,073
$3,534
$1,427,409

2331
Total Funds $1,412,716
$2,086 $9,073
$3,534
$1,427,409

Section 18: Corrections, Department of Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources
Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers

$1,122,045,462 $3,111,139 $3,111,139
$20,965,509 $8,565,393 $12,400,116 $1,097,968,814 $1,097,968,814
$0

18.1. Administration

Purpose: Protect and serve the citizens of Georgia by providing an effective and efficient department that administers a balanced correctional system.

Total Funds

$57,014,834

Federal Funds and Grants

$1,836,000

Federal Funds Not specifically Identified

$1,836,000

State Funds

$55,178,834

State General Funds

$55,178,834

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$53,742,000 $55,578,000

2332

JOURNAL OF THE HOUSE

Annualize the cost of the FY 2007 salary adjustment.
Increase the Georgia Building Authority (GBA) real estate rental rate for office space.
Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.
Reflect an adjustment in Workers' Compensation premiums.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Provide funds for increased utility costs, including $1,013,839 in CNG savings.
Provide 12 months of operating funds for the Bainbridge Probation Substance Abuse Treatment Center (192 beds).
Provide 12 months of operating funds for the Pelham Pre-release Center (160 beds).
Provide startup and 9 months operating funds for a 192 bed fast track expansion at Wilcox State Prison, including 35 positions and 10 vehicles.
Provide startup and 9 months operating funds for a 256 bed fast track expansion at Macon State Prison, including 43 positions and 12 vehicles.
Provide startup and 8 months operating funds for a 256 bed fast track expansion at Dooly State Prison, including 43 positions and 12 vehicles.
Provide startup and 8 months operating funds for a 256 bed fast track expansion at Smith State Prison, including 43 positions and 12 vehicles.
Provide startup and 7 months operating funds for a 256 bed fast track expansion at Valdosta State Prison, including 43 positions and 12 vehicles.
Provide 12 months of operating funds for the 525bed expansion at Johnson State Prison.
Provide 12 months of operating funds for the 192bed expansion at Calhoun State Prison.
Reduce department funding by one-half of one percent to reflect operational efficiencies.

$444,366 $0
$908,612 $214,584 $358,937
$0 $3,804 $3,063 $1,560 $2,554 $2,270 $2,270 $1,986 $6,036 $2,502 ($268,710)

$444,366 $0
$908,612 $214,584 $358,937
$0 $3,804 $3,063 $1,560 $2,554 $2,270 $2,270 $1,986 $6,036 $2,502 ($268,710)

FRIDAY, APRIL 13, 2007

2333

Delete funding for one-time purchases of a generator at Wilcox State Prison ($48,000) and ballistic vests for probation and surveillance officers ($199,000).
Amount appropriated in this Act

($247,000) $55,178,834

($247,000) $57,014,834

18.2. Bainbridge Probation Substance Abuse Treatment Center (PSATC)

Purpose: Provide a sanctioning option for probationers who require more security and supervision than provided by regular community supervision.

Total Funds

$6,263,402

Federal Funds and Grants

$20,743

Federal Funds Not specifically Identified

$20,743

Other Funding Sources

$7,046

Agency Funds

$7,046

State Funds

$6,235,613

State General Funds

$6,235,613

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$4,718,684

$4,746,473

Annualize the cost of the FY 2007 salary adjustment.

$30,549

$30,549

Annualize the cost of the FY 2007 salary adjustment for law enforcement personnel.

$28,339

$28,339

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$113,665

$113,665

Reflect an adjustment in Workers' Compensation premiums.

$28,437

$28,437

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$47,567

$47,567

Provide funds for increased utility costs, including $1,013,839 in CNG savings.

$76,329

$76,329

Provide 12 months of operating funds for the Bainbridge Probation Substance Abuse Treatment Center (192 beds).

$2,460,033

$2,460,033

Delete one-time costs for start-up projects (Bainbridge PSATC) in FY 2007.

($1,244,397) ($1,244,397)

2334

JOURNAL OF THE HOUSE

Reduce department funding by one-half of one percent to reflect operational efficiencies.
Amount appropriated in this Act

($23,593) $6,235,613

($23,593) $6,263,402

18.3. Food and Farm Operations

Purpose: Raise crops and livestock, and produce dairy items used in preparing meals for offenders.

Total Funds

$13,355,692

Federal Funds and Grants

$22,000

Federal Funds Not specifically Identified

$22,000

Other Funding Sources

$45,000

Agency Funds

$45,000

State Funds

$13,288,692

State General Funds

$13,288,692

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$12,592,844 $12,659,844

Annualize the cost of the FY 2007 salary adjustment.

$65,256

$65,256

Annualize the cost of the FY 2007 salary adjustment for law enforcement personnel.

$9,379

$9,379

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$144,060

$144,060

Reflect an adjustment in Workers' Compensation premiums.

$36,041

$36,041

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$60,287

$60,287

Provide funds for increased utility costs, including $1,013,839 in CNG savings.

$15,835

$15,835

Provide 12 months of operating funds for the Bainbridge Probation Substance Abuse Treatment Center (192 beds).

$37,843

$37,843

Provide start-up funds for the Valdosta Transition Center and transfer operating funds from the closure of the Savannah Transition Center.

$4,680

$4,680

FRIDAY, APRIL 13, 2007

2335

Provide 12 months of operating funds for the Pelham Pre-release Center (160 beds).
Provide startup and 9 months operating funds for a 192 bed fast track expansion at Wilcox State Prison, including 35 positions and 10 vehicles.
Provide startup and 9 months operating funds for a 256 bed fast track expansion at Macon State Prison, including 43 positions and 12 vehicles.
Provide startup and 8 months operating funds for a 256 bed fast track expansion at Dooly State Prison, including 43 positions and 12 vehicles.
Provide startup and 8 months operating funds for a 256 bed fast track expansion at Smith State Prison, including 43 positions and 12 vehicles.
Provide startup and 7 months operating funds for a 256 bed fast track expansion at Valdosta State Prison, including 43 positions and 12 vehicles.
Provide 12 months of operating funds for the 525bed expansion at Johnson State Prison.
Provide 12 months of operating funds for the 192bed expansion at Calhoun State Prison.
Reduce department funding by one-half of one percent to reflect operational efficiencies.
Amount appropriated in this Act

$31,536 $28,253

$31,536 $28,253

$50,285

$50,285

$46,080

$46,080

$46,080

$46,080

$41,876

$41,876

$99,916 $41,405 ($62,964) $13,288,692

$99,916 $41,405 ($62,964) $13,355,692

18.4. Health

Purpose: 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

$204,121,834

Other Funding Sources

$8,464,209

Agency Funds

$8,464,209

State Funds

$195,657,625

State General Funds

$195,657,625

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$176,024,038 $184,488,247

Annualize the cost of the FY 2007 salary

$183,267

$183,267

2336

JOURNAL OF THE HOUSE

adjustment.
Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.
Reflect an adjustment in Workers' Compensation premiums.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Provide 12 months of operating funds for the Bainbridge Probation Substance Abuse Treatment Center (192 beds).
Provide start-up funds for the Valdosta Transition Center and transfer operating funds from the closure of the Savannah Transition Center.
Provide 12 months of operating funds for the Pelham Pre-release Center (160 beds).
Provide startup and 9 months operating funds for a 192 bed fast track expansion at Wilcox State Prison, including 35 positions and 10 vehicles.
Provide startup and 9 months operating funds for a 256 bed fast track expansion at Macon State Prison, including 43 positions and 12 vehicles.
Provide startup and 8 months operating funds for a 256 bed fast track expansion at Dooly State Prison, including 43 positions and 12 vehicles.
Provide startup and 8 months operating funds for a 256 bed fast track expansion at Smith State Prison, including 43 positions and 12 vehicles.
Provide startup and 7 months operating funds for a 256 bed fast track expansion at Valdosta State Prison, including 43 positions and 12 vehicles.
Delete one-time costs for start-up projects (Calhoun) in FY 2007.
Delete one-time costs for start-up projects (Bainbridge PSATC) in FY 2007.
Delete one-time costs for start-up projects (Johnson SP) in FY 2007.
Provide 12 months of operating funds for the 525bed expansion at Johnson State Prison.

$353,741 $88,500 $148,034 $1,061,341 $5,500 $759,984 $468,535 $924,506 $823,176 $823,176 $721,847 ($243,688) ($323,048) ($873,424) $2,407,847

$353,741 $88,500
$148,034 $1,061,341
$5,500 $759,984 $468,535 $924,506 $823,176 $823,176 $721,847 ($243,688) ($323,048) ($873,424) $2,407,847

FRIDAY, APRIL 13, 2007

2337

Provide 12 months of operating funds for the 192bed expansion at Calhoun State Prison.
Reduce department funding by one-half of one percent to reflect operational efficiencies.
Provide funds for the health services purchases contract for physical health care due to increased catastrophic health care claims.
Provide funding for a 4% consumer price index increase in the health services purchases contract for physical health care.
Provide funding for health services purchases contract for mental health care for supervision and a licensure plan for unlicensed counselors to bring GDC into compliance within 3 years.
Provide funding for the health services purchases contract for dental care to move towards industry recognized ratios of 1 dentist for every 1,200 inmates.
Amount appropriated in this Act

$997,810 ($880,120) $5,200,000 $5,920,000
$469,185
$597,418
$195,657,625

$997,810 ($880,120) $5,200,000 $5,920,000
$469,185
$597,418
$204,121,834

18.5. Jail Subsidy

Purpose: Reimburse counties for the costs of incarcerating state prisoners in their local facilities.

Total Funds

$4,774,500

State Funds

$4,774,500

State General Funds

$4,774,500

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$4,798,492

$4,798,492

Reduce department funding by one-half of one percent to reflect operational efficiencies.

($23,992)

($23,992)

Amount appropriated in this Act

$4,774,500

$4,774,500

18.6. Offender Management

Purpose: Provide cost-effective correctional services that ensure public safety.

Total Funds

$44,224,989

State Funds

$44,224,989

2338

JOURNAL OF THE HOUSE

State General Funds

$44,224,989

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$44,243,248 $44,243,248

Annualize the cost of the FY 2007 salary adjustment.

$47,709

$47,709

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$92,088

$92,088

Reflect an adjustment in Workers' Compensation premiums.

$23,039

$23,039

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$38,537

$38,537

Provide funds for increased utility costs, including $1,013,839 in CNG savings.

$1,584

$1,584

Reduce department funding by one-half of one percent to reflect operational efficiencies.

($221,216)

($221,216)

Amount appropriated in this Act

$44,224,989 $44,224,989

18.7. Parole Revocation Centers

Purpose: Provide a sanction for parole violations.

Total Funds

$4,465,585

Federal Funds and Grants

$10,510

Federal Funds Not specifically Identified

$10,510

Other Funding Sources

$49,138

Agency Funds

$49,138

State Funds

$4,405,937

State General Funds

$4,405,937

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$4,016,133

$4,075,781

Annualize the cost of the FY 2007 salary adjustment.

$44,704

$44,704

Annualize the cost of the FY 2007 salary adjustment for law enforcement personnel.

$39,875

$39,875

FRIDAY, APRIL 13, 2007

2339

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.
Reflect an adjustment in Workers' Compensation premiums.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Provide funds for increased utility costs, including $1,013,839 in CNG savings.
Reduce department funding by one-half of one percent to reflect operational efficiencies.
Amount appropriated in this Act

$163,254

$163,254

$40,843 $68,319

$40,843 $68,319

$52,890 ($20,081) $4,405,937

$52,890 ($20,081) $4,465,585

18.8. Private Prisons

Purpose: Provide a cost-effective correctional service that ensures public safety.

Total Funds

$80,325,948

State Funds

$80,325,948

State General Funds

$80,325,948

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$76,785,722 $76,785,722

Reduce department funding by one-half of one percent to reflect operational efficiencies.

($383,929)

($383,929)

Annualize the FY 2007 4% consumer price index increase for the state's 3 private prison contracts.

$3,138,310

$3,138,310

Provide additional funds to expand bed space at D. Ray James, a private prison, by 50 contracted beds.

$785,845

$785,845

Amount appropriated in this Act

$80,325,948 $80,325,948

18.9. Probation Detention Centers

Purpose: Provide a sanctioning option for probationers who require more security or supervision than provided by regular community supervision or a diversion center.

Total Funds

$47,398,027

Federal Funds and Grants

$127,140

Federal Funds Not specifically Identified

$127,140

Other Funding Sources

$1,190,115

2340

JOURNAL OF THE HOUSE

Other Funds Not Specifically Identified

$1,190,115

State Funds

$46,080,772

State General Funds

$46,080,772

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$41,990,897 $44,244,330

Annualize the cost of the FY 2007 salary adjustment.

$507,875

$507,875

Annualize the cost of the FY 2007 salary adjustment for law enforcement personnel.

$367,023

$367,023

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$1,688,722

$1,688,722

Reflect an adjustment in Workers' Compensation premiums.

$422,488

$422,488

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$706,700

$706,700

Provide funds for increased utility costs, including $1,013,839 in CNG savings.

$607,022

$607,022

Reduce department funding by one-half of one percent to reflect operational efficiencies.

($209,955)

($209,955)

Reflect loss of $936,178 in federal funds from the State Criminal Alien Assistance Program (SCAAP) designated as Appling PDC funds.

$0

($936,178)

Amount appropriated in this Act

$46,080,772 $47,398,027

18.10. Probation Diversion Centers

Purpose: Provide a residential sentencing option that allows offenders to continue to work in the community while receiving close supervision from corrections officials.

Total Funds

$16,102,706

Other Funding Sources

$2,812,861

Other Funds Not Specifically Identified

$2,812,861

State Funds

$13,289,845

State General Funds

$13,289,845

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

FRIDAY, APRIL 13, 2007

2341

Amount from prior Appropriation Act (HB1027)
Annualize the cost of the FY 2007 salary adjustment.
Annualize the cost of the FY 2007 salary adjustment for law enforcement personnel.
Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.
Reflect an adjustment in Workers' Compensation premiums.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Provide funds for increased utility costs, including $1,013,839 in CNG savings.
Reduce department funding by one-half of one percent to reflect operational efficiencies.
Amount appropriated in this Act

State Funds $12,044,993
$154,989 $102,011 $496,059
$124,105 $207,592
$220,321 ($60,225) $13,289,845

Total Funds $14,857,854
$154,989 $102,011 $496,059
$124,105 $207,592
$220,321 ($60,225) $16,102,706

18.11. Probation Supervision

Purpose: Supervise probationers.

Total Funds

$82,167,745

State Funds

$82,167,745

State General Funds

$82,167,745

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$73,542,460 $73,542,460

Annualize the cost of the FY 2007 salary adjustment.

$871,984

$871,984

Annualize the cost of the FY 2007 salary adjustment for law enforcement personnel.

$896,923

$896,923

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$3,414,334

$3,414,334

Reflect an adjustment in Workers' Compensation premiums.

$854,205

$854,205

2342

JOURNAL OF THE HOUSE

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Provide funds for increased utility costs, including $1,013,839 in CNG savings.
Reduce department funding by one-half of one percent to reflect operational efficiencies.
Convert 41 correctional officers to probation surveillance officers to comply with the requirements of HB 1059.
Amount appropriated in this Act

$1,428,838

$1,428,838

$93,164 ($367,712) $1,433,549

$93,164 ($367,712) $1,433,549

$82,167,745 $82,167,745

18.12. State Prisons

Purpose: House violent or repeat criminals, or nonviolent inmates who have exhausted all other forms of punishment.

Total Funds

$535,453,800

Federal Funds and Grants

$1,094,746

Federal Funds Not specifically Identified

$1,094,746

Other Funding Sources

$8,397,140

Other Funds Not Specifically Identified

$8,397,140

State Funds

$525,961,914

State General Funds

$525,961,914

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$469,322,035 $480,891,083

Annualize the cost of the FY 2007 salary adjustment.

$5,116,336

$5,116,336

Annualize the cost of the FY 2007 salary adjustment for law enforcement personnel.

$3,625,121

$3,625,121

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$17,905,877 $17,905,877

Reflect an adjustment in Workers' Compensation premiums.

$4,221,249

$4,221,249

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$8,287,038

$8,287,038

FRIDAY, APRIL 13, 2007

2343

Provide funds for increased utility costs, including $1,013,839 in CNG savings.
Provide 12 months of operating funds for the Pelham Pre-release Center (160 beds).
Provide startup and 9 months operating funds for a 192 bed fast track expansion at Wilcox State Prison, including 35 positions and 10 vehicles.
Provide startup and 9 months operating funds for a 256 bed fast track expansion at Macon State Prison, including 43 positions and 12 vehicles.
Provide startup and 8 months operating funds for a 256 bed fast track expansion at Dooly State Prison, including 43 positions and 12 vehicles.
Provide startup and 8 months operating funds for a 256 bed fast track expansion at Smith State Prison, including 43 positions and 12 vehicles.
Provide startup and 7 months operating funds for a 256 bed fast track expansion at Valdosta State Prison, including 43 positions and 12 vehicles.
Delete one-time costs for start-up projects (Calhoun) in FY 2007.
Delete one-time costs for start-up projects (Johnson SP) in FY 2007.
Provide 12 months of operating funds for the 525bed expansion at Johnson State Prison.
Provide 12 months of operating funds for the 192bed expansion at Calhoun State Prison.
Reduce department funding by one-half of one percent to reflect operational efficiencies.
Convert 41 correctional officers to probation surveillance officers to comply with the requirements of HB 1059.
Reflect loss of $1,377,162 in federal funds from the State Criminal Alien Assistance Program (SCAAP) designated as GDCP Hi-Max.
Reflect loss of $700,000 in federal funds from the Residential Substance Abuse Treatment (RSAT) program.
Provide additional funds for substance abuse treatment at inmate boot camps.

$5,820,849 $1,570,171 $1,614,432 $2,610,245 $2,416,447 $2,416,447 $2,222,648 ($938,699) ($3,364,463) $4,366,758 $1,809,582 ($2,346,610) ($1,433,549)
$0 $0 $720,000

$5,820,849 $1,570,171 $1,614,432 $2,610,245 $2,416,447 $2,416,447 $2,222,648 ($938,699) ($3,364,463) $4,366,758 $1,809,582 ($2,346,610) ($1,433,549) ($1,377,162) ($700,000)
$720,000

2344

JOURNAL OF THE HOUSE

Amount appropriated in this Act

$525,961,914 $535,453,800

18.13. Transitional Centers

Purpose: 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

$26,376,400

State Funds

$26,376,400

State General Funds

$26,376,400

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$23,935,148 $23,935,148

Annualize the cost of the FY 2007 salary adjustment.

$223,931

$223,931

Annualize the cost of the FY 2007 salary adjustment for law enforcement personnel.

$212,721

$212,721

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$842,823

$842,823

Reflect an adjustment in Workers' Compensation premiums.

$210,859

$210,859

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$352,706

$352,706

Provide funds for increased utility costs, including $1,013,839 in CNG savings.

$256,428

$256,428

Provide start-up funds for the Valdosta Transition Center and transfer operating funds from the closure of the Savannah Transition Center.

$461,460

$461,460

Reduce department funding by one-half of one percent to reflect operational efficiencies.

($119,676)

($119,676)

Amount appropriated in this Act

$26,376,400 $26,376,400

Section 19: Defense, Department of Total Funds Federal Funds and Grants

$52,696,725 $40,502,718

FRIDAY, APRIL 13, 2007

2345

Federal Funds Not specifically Identified Other Funding Sources
Agency Funds State Funds
State General Funds Intra-State Government Transfers

$40,502,718 $849,709 $849,709
$11,344,298 $11,344,298
$0

19.1. Administration

Purpose: Provide administration to the organized militia in the State of Georgia.

Total Funds

$1,461,149

Federal Funds and Grants

$157,101

Federal Funds Not specifically Identified

$157,101

State Funds

$1,304,048

State General Funds

$1,304,048

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$1,225,733

$1,366,222

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$32,232

$32,232

Reflect an adjustment in Workers' Compensation premiums.

$25,282

$25,282

Annualize the cost of the 2007 salary adjustment.

$7,901

$24,513

Provide for a general salary increase of 3% effective January 1, 2008, for performance increases and for supplemental salary adjustments for employees in specified critical jobs.

$12,900

$12,900

Amount appropriated in this Act

$1,304,048

$1,461,149

19.2. Military Readiness

Purpose: 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

$39,089,258

Federal Funds and Grants

$33,063,004

Federal Funds Not specifically Identified

$33,063,004

2346

JOURNAL OF THE HOUSE

Other Funding Sources

$849,709

Agency Funds

$849,709

State Funds

$5,176,545

State General Funds

$5,176,545

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$4,111,643 $36,002,401

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$129,601

$129,601

Reflect an adjustment in Workers' Compensation premiums.

$101,660

$101,660

Annualize the cost of the 2007 salary adjustment.

$31,770

$303,725

Provide for a general salary increase of 3% effective January 1, 2008, for performance increases and for supplemental salary adjustments for employees in specified critical jobs.

$51,871

$51,871

Provide additional funds to establish an adequate preventative maintenance program for Army National Guard armories (Total Funds $500,000).

$250,000

$500,000

Provide funds for statewide facility renovations and improvements (Total Funds: $2,000,000)

$500,000

$2,000,000

Amount appropriated in this Act

$5,176,545 $39,089,258

19.3. Youth Educational Services

Purpose: Provide educational and vocational opportunities to at-risk youth in Georgia.

Total Funds

$12,146,318

Federal Funds and Grants

$7,282,613

Federal Funds Not specifically Identified

$7,282,613

State Funds

$4,863,705

State General Funds

$4,863,705

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$3,478,088

$8,983,327

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713%

$109,910

$109,910

FRIDAY, APRIL 13, 2007

2347

to 22.843%.
Reflect an adjustment in Workers' Compensation premiums.
Annualize the cost of the 2007 salary adjustment.
Provide for a general salary increase of 3% effective January 1, 2008, for performance increases and for supplemental salary adjustments for employees in specified critical jobs.
Provide funding to serve an additional 100 students at the Fort Gordon Youth Challenge Academy including 46 additional positions. (Total funds $2,800,000).
Amount appropriated in this Act

$85,117
$26,600 $43,990

$85,117
$123,974 $43,990

$1,120,000

$2,800,000

$4,863,705 $12,146,318

Section 20: Driver Services, Department of Total Funds Federal Funds and Grants Other Funding Sources
Other Funds Not Specifically Identified State Funds
State General Funds Intra-State Government Transfers

$61,419,439 $0
$721,456 $721,456 $60,697,983 $60,697,983
$0

20.1. Customer Service Support

Purpose: Administer License Issuance, Motor Vehicle Registration, and Commercial Truck Compliance.

Total Funds

$9,157,705

Other Funding Sources

$857

Other Funds Not Specifically Identified

$857

State Funds

$9,156,848

State General Funds

$9,156,848

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$8,777,059

$8,777,916

Annualize the cost of the FY 2007 salary

$49,148

$49,148

2348

JOURNAL OF THE HOUSE

adjustment.
Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.
Reflect an adjustment in Workers' Compensation premiums.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Amount appropriated in this Act

$205,060

$205,060

$46,353 $79,228

$46,353 $79,228

$9,156,848

$9,157,705

20.2. License Issuance

Purpose: Issue Georgia drivers' licenses and license renewals through alternative methods in the most cost effective and efficient manner.

Total Funds

$47,365,146

Other Funding Sources

$205,251

Other Funds Not Specifically Identified

$205,251

State Funds

$47,159,895

State General Funds

$47,159,895

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$40,390,280 $40,595,531

Annualize the cost of the FY 2007 salary adjustment.

$301,129

$301,129

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$1,254,473

$1,254,473

Reflect an adjustment in Workers' Compensation premiums.

$283,571

$283,571

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$484,684

$484,684

Provide on-going funding for 10 additional investigator positions for the Georgia SecureID initiative to protect the integrity of Georgia drivers' licenses.

$537,860

$537,860

Provide funding for 26 additional positions and

$1,352,437

$1,352,437

FRIDAY, APRIL 13, 2007

2349

operational costs for new Customer Service Centers in Loganville and Clayton.
Reduce one time costs appropriated in FY 2007 for a new Customer Service Center in Blue Ridge and for expansions at the Athens and Newnan Customer Service Centers.
Provide funding for the implementation of an Electronic Document Imaging System (EDIS).
Provide funding to add 14 positions to the customer contact center in order to expand the operating hours and increase the percent of calls being answered in 3 minutes or less to 85%.
Amount appropriated in this Act

($800,000) $2,867,500
$487,961 $47,159,895

($800,000) $2,867,500
$487,961 $47,365,146

20.3. Regulatory Compliance

Purpose: 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

$4,896,588

Other Funding Sources

$515,348

Other Funds Not Specifically Identified

$515,348

State Funds

$4,381,240

State General Funds

$4,381,240

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$4,264,054

$4,779,402

Annualize the cost of the FY 2007 salary adjustment.

$15,684

$15,684

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$62,950

$62,950

Reflect an adjustment in Workers' Compensation premiums.

$14,230

$14,230

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$24,322

$24,322

Amount appropriated in this Act

$4,381,240

$4,896,588

2350

JOURNAL OF THE HOUSE

Section 21: Early Care and Learning, Department of Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources
Other Funds Not Specifically Identified State Funds
Lottery Funds State General Funds Intra-State Government Transfers

$450,305,508 $119,706,679 $119,706,679
$155,000 $155,000 $330,443,829 $324,857,346 $5,586,483
$0

21.1. Child Care Services

Purpose: 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

$8,410,193

Federal Funds and Grants

$3,668,710

Federal Funds Not specifically Identified

$3,668,710

Other Funding Sources

$155,000

Other Funds Not Specifically Identified

$155,000

State Funds

$4,586,483

State General Funds

$4,586,483

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$4,056,199

$7,815,219

Annualize the cost of the FY 2007 salary adjustment.

$55,474

$120,164

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$259,669

$259,669

Reflect an adjustment in Workers' Compensation premiums.

$79,607

$79,607

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$62,665

$62,665

Transfer the BEGIN Program from the Department

$72,869

$72,869

FRIDAY, APRIL 13, 2007

2351

of Labor to the Department of Early Care and Learning.
Amount appropriated in this Act

$4,586,483

$8,410,193

21.2. Nutrition

Purpose: To ensure that eligible children and adults receive USDA compliant meals.

Total Funds

$93,000,000

Federal Funds and Grants

$93,000,000

Federal Funds Not specifically Identified

$93,000,000

21.3. Pre-Kindergarten Program

Purpose: Provide funding, training, technical assistance, and oversight of Pre-K programs operated by public and private providers throughout the state.

Total Funds

$326,525,169

Federal Funds and Grants

$667,823

Federal Funds Not specifically Identified

$667,823

State Funds

$325,857,346

Lottery Funds

$324,857,346

State General Funds

$1,000,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$301,953,447 $302,621,270

Annualize the cost of the FY 2007 salary adjustment.

$1,246,354

$1,246,354

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$44,976

$44,976

Transfer funds from the Georgia Student Finance Commission to fund 3,000 additional slots, bringing the total Pre-K enrollment to 78,000.

$11,872,902 $11,872,902

Provide for a general salary increase of 3% for PreK teachers effective September 1, 2007.

$5,791,293

$5,791,293

Reflect an adjustment in the employer share of State Health Benefit Plan premiums from 16.713% to 18.534% for Pre-K teachers and from 16.713% to 22.843% for lottery-funded staff.

$1,844,741

$1,844,741

Redirect savings from a reduction in health

$2,103,633

$2,103,633

2352

JOURNAL OF THE HOUSE

insurance and a reduction of 225 slots to provide for a 3% operating expense increase for all PreKindergarten providers - public and private.
Provide state funds to the Ferst Foundation for distribution of one book per month to children ages 0 to 5 years in participating counties.
Amount appropriated in this Act

$1,000,000

$1,000,000

$325,857,346 $326,525,169

21.4. Quality Initiatives

Purpose: 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 Funds and Grants

$22,370,146

Federal Funds Not specifically Identified

$22,370,146

Section 22: Economic Development, Department of Total Funds Federal Funds and Grants Other Funding Sources
Other Funds Not Specifically Identified State Funds
State General Funds Intra-State Government Transfers

$40,351,186 $0
$20,244 $20,244 $40,330,942 $40,330,942
$0

22.1. Administration

Purpose: Influence, affect, and enhance economic development in Georgia and provide information to people and companies to promote the state.

Total Funds

$6,749,402

State Funds

$6,749,402

State General Funds

$6,749,402

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$6,423,946

$6,423,946

Annualize the cost of the FY 2007 salary

$38,429

$38,429

FRIDAY, APRIL 13, 2007

2353

adjustment.
Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.
Reflect an adjustment in Workers' Compensation premiums.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Amount appropriated in this Act

$157,353

$157,353

$66,788 $62,886

$66,788 $62,886

$6,749,402

$6,749,402

22.2. Business Recruitment and Expansion

Purpose: Provide assistance to local communities and to the state to recruit, retain, and expand businesses in Georgia.

Total Funds

$11,855,321

State Funds

$11,855,321

State General Funds

$11,855,321

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$7,011,795

$7,011,795

Annualize the cost of the FY 2007 salary adjustment.

$37,268

$37,268

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$181,889

$181,889

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$72,692

$72,692

Provide funding to increase international marketing efforts, expand Asia and Canada global commerce initiatives, and add 5 positions to develop international trade and investment business opportunities for the state.

$2,551,677

$2,551,677

Provide funds to the City of Gainesville for the Georgia Mountain Center parking deck for demolition and renovation.
Amount appropriated in this Act

$2,000,000

$2,000,000

$11,855,321 $11,855,321

2354

JOURNAL OF THE HOUSE

22.3. Film, Video and Music

Purpose: Increase industry awareness of Georgia business opportunities, infrastructure resources, and natural resources as it pertains to the film, video, and music industry.

Total Funds

$1,134,137

State Funds

$1,134,137

State General Funds

$1,134,137

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$1,196,678

$1,196,678

Annualize the cost of the FY 2007 salary adjustment.

$4,168

$4,168

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$23,785

$23,785

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$9,506

$9,506

Remove one-time funding designated for the Georgia Music Hall of Fame Authority's 10th anniversary inductee ceremony.

($100,000)

($100,000)

Amount appropriated in this Act

$1,134,137

$1,134,137

22.4. Innovation and Technology

Purpose: Lead in the recruitment, growth, and marketing of the life sciences and technology industries in Georgia.

Total Funds

$1,635,270

State Funds

$1,635,270

State General Funds

$1,635,270

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$2,624,091

$2,624,091

Annualize the cost of the FY 2007 salary adjustment.

$4,849

$4,849

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$22,384

$22,384

FRIDAY, APRIL 13, 2007

2355

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Remove one-time funding for micro enterprises.
Remove one-time funding for the Bioscience Collaboration.
Provide funds for economic development equipment for the Herty Advanced Materials Development Center.
Amount appropriated in this Act

$8,946

$8,946

($25,000) ($1,000,000)
$0

($25,000) ($1,000,000)
$0

$1,635,270

$1,635,270

22.5. International Relations and Trade

Purpose: Provide international trade opportunities through exports to provide executive leadership for international relations and promote Georgia products and companies to other nations.

Total Funds

$2,358,416

State Funds

$2,358,416

State General Funds

$2,358,416

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$2,296,170

$2,296,170

Annualize the cost of the FY 2007 salary adjustment.

$8,704

$8,704

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$38,255

$38,255

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$15,287

$15,287

Amount appropriated in this Act

$2,358,416

$2,358,416

22.6. Small and Minority Business Development

Purpose: Provide guidance and support to agencies in maximizing access to state business opportunities for small and minority businesses.

Total Funds

$963,024

Other Funding Sources

$20,244

Other Funds Not Specifically Identified

$20,244

2356

JOURNAL OF THE HOUSE

State Funds

$942,780

State General Funds

$942,780

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$893,624

$913,868

Annualize the cost of the FY 2007 salary adjustment.

$7,482

$7,482

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$29,775

$29,775

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$11,899

$11,899

Amount appropriated in this Act

$942,780

$963,024

22.7. Tourism

Purpose: Promote tourism opportunities throughout the state.

Total Funds

$12,929,409

State Funds

$12,929,409

State General Funds

$12,929,409

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$12,061,348 $12,061,348

Annualize the cost of the FY 2007 salary adjustment.

$32,032

$32,032

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$161,489

$161,489

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$64,540

$64,540

Eliminate pass-through funding for the Historic Chattahoochee Commission.

($52,500)

($52,500)

Transfer funds for the Georgia Historical Society contract for new historic markers from the Department of Natural Resources.

$60,000

$60,000

FRIDAY, APRIL 13, 2007

2357

Provide funds for Tour de Georgia.
Provide funds for Warner Robins Air Force base museum.
Provide funds for Washington-Wilkes County Level 3 Regional Visitor Information Center.
Amount appropriated in this Act

$500,000 $100,000
$2,500
$12,929,409

$500,000 $100,000
$2,500
$12,929,409

The following appropriations are for agencies attached for administrative purposes.

22.8. Payments to Aviation Hall of Fame Authority

Purpose: 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

22.9. Payments to Georgia Golf Hall of Fame Authority

Purpose: 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

$608,685

State Funds

$608,685

State General Funds

$608,685

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$58,685

$58,685

Provide funds for operations.

$500,000

$500,000

Provide funds for a feasibility study for a private/public self-sustaining partnership.

$50,000

$50,000

Amount appropriated in this Act

$608,685

$608,685

22.10. Payments to Georgia Medical Center Authority Purpose: Develop the life sciences industry in Georgia.
Total Funds

$408,712

2358

JOURNAL OF THE HOUSE

State Funds

$408,712

State General Funds

$408,712

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$405,000

$405,000

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$3,712

$3,712

Amount appropriated in this Act

$408,712

$408,712

22.12. Payments to Georgia Music Hall of Fame Authority

Purpose: Preserve Georgia's rich musical heritage.

Total Funds

$840,466

State Funds

$840,466

State General Funds

$840,466

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$814,070

$814,070

Annualize the cost of the FY 2007 salary adjustment.

$4,950

$4,950

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$14,631

$14,631

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$6,815

$6,815

Amount appropriated in this Act

$840,466

$840,466

22.13. Payments to Georgia Sports Hall of Fame Authority

Purpose: Collect, preserve and interpret the history of sports in Georgia.

Total Funds

$768,344

State Funds

$768,344

State General Funds

$768,344

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

FRIDAY, APRIL 13, 2007

2359

Amount from prior Appropriation Act (HB1027)
Annualize the cost of the FY 2007 salary adjustment.
Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Amount appropriated in this Act

State Funds $741,895 $4,265
$15,764

Total Funds $741,895 $4,265
$15,764

$6,420

$6,420

$768,344

$768,344

22.14. Civil War Commission

Purpose: 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 (HB1027)

$100,000

$100,000

Remove one-time funding for the Civil War Commission.

($50,000)

($50,000)

Amount appropriated in this Act

$50,000

$50,000

Section 23: Education, Department of Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources
Other Funds Not Specifically Identified State Funds
State General Funds

$8,979,648,274 $1,116,954,261 $1,116,954,261
$12,391,307 $12,391,307 $7,850,302,706 $7,850,302,706

2360

JOURNAL OF THE HOUSE

Intra-State Government Transfers

$0

The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,643.33. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

23.1. Academic Coach

Purpose: 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

$5,705,944

State Funds

$5,705,944

State General Funds

$5,705,944

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$6,166,710

$6,166,710

Annualize the cost of the FY 2007 salary adjustment.

$15,600

$15,600

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$23,634

$23,634

Provide funds for the Teacher Success Model and 2 positions by redirecting funds from School Improvement ($400,000) and one-time funds from the Equalization Grant for Jeff Davis Public School System ($200,000).

$600,000

$600,000

Reduce funding for teacher liability premiums based on projected expenditures ($200,000) and transfer remaining funds to Central Office to pay the teacher liability insurance premiums ($900,000).

($1,100,000)

($1,100,000)

Amount appropriated in this Act

$5,705,944

$5,705,944

23.2. Agricultural Education

Purpose: 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

$9,657,329

Federal Funds and Grants

$126,577

FRIDAY, APRIL 13, 2007

2361

Federal Funds Not specifically Identified

$126,577

Other Funding Sources

$450,000

Other Funds Not Specifically Identified

$450,000

State Funds

$9,080,752

State General Funds

$9,080,752

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$8,108,659

$8,685,236

Annualize the cost of the FY 2007 salary adjustment.

$73,959

$73,959

Provide for a general salary increase of 3% for Regional Educational Service Agencies (RESAs) ($300,447), the Severely Emotionally Disturbed (SED) Network ($1,451,700), Preschool Handicapped ($906,024), High School Agricultural ($218,228) and Technology/Career Programs ($238,136), Graduation Coaches ($1,115,142) and state school teachers ($446,019) effective September 1, 2007.

$218,228

$218,228

Reflect an adjustment in the employer share of State Health Benefit Plan premiums from 16.713% to 18.534% for teachers.

$103,896

$103,896

Add funds for one new Young Farmer position (Whitfield County).

$76,010

$76,010

Add funds for the engineering and installation of a sewage treatment facility at the state FFA camp in Covington.

$500,000

$500,000

Amount appropriated in this Act

$9,080,752

$9,657,329

23.3. Central Office Total Funds Federal Funds and Grants Federal Funds Not specifically Identified Other Funding Sources Other Funds Not Specifically Identified State Funds State General Funds

$86,870,505 $38,180,833 $38,180,833
$6,899,025 $6,899,025 $41,790,647 $41,790,647

2362

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 (HB1027)

$35,871,976 $80,951,834

Annualize the cost of the FY 2007 salary adjustment.

$396,997

$396,997

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$52,884

$52,884

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$1,367,035

$1,367,035

Reflect an adjustment in Workers' Compensation premiums.

$314,278

$314,278

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$282,682

$282,682

Transfer funds for teacher liability insurance from the Academic Coach program.

$900,000

$900,000

Redirect funds from Central Office to the Georgia Learning Resources System (GLRS) program to reflect the completion of the reading and math evaluation.

($150,000)

($150,000)

Increase funds for internal Information Technology support to offset the loss of one-time funds, including $843,555 in CNG savings.

$1,756,445

$1,756,445

Add funds to support the operation of the Student Information System.

$665,000

$665,000

Fund a health/physical education coordinator position to address student wellness using existing resources.

$0

$0

Eliminate contract funding for Communications Tools.

($77,200)

($77,200)

Eliminate contract funding for Public Service Announcements (monthly Superintendents' conference calls).

($18,034)

($18,034)

Eliminate contract funding in Human Resources for occasional temporary assistance.

($910)

($910)

Eliminate contract funding for the Fernbank Science Center.

($82,935)

($82,935)

FRIDAY, APRIL 13, 2007

2363

Eliminate contract funding for Achievers International (Global Achievers Program).
Eliminate contract funding for School Climate Workshops.
Eliminate contract funding for the Transportation Advisory Group.
Transfer the American Association of Adapted Sports Program (AAASP) from the Department of Human Resources to the Department of Education.
Amount appropriated in this Act

($15,000) ($4,700) ($1,940) $534,069

($15,000) ($4,700) ($1,940) $534,069

$41,790,647 $86,870,505

23.4. Charter Schools

Purpose: Support and encourage development and approval of charter public schools as one part of Georgia's overall school improvement strategy.

Total Funds

$12,949,904

Federal Funds and Grants

$6,729,711

Federal Funds Not specifically Identified

$6,729,711

State Funds

$6,220,193

State General Funds

$6,220,193

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$1,220,193

$7,949,904

Provide funds to promote the development of Charter Schools by providing financial assistance for planning grants; facility improvement, renovation and construction; and equipment purchases.

$5,000,000

$5,000,000

Amount appropriated in this Act

$6,220,193 $12,949,904

23.5. Communities in Schools

Purpose: Operate alternative education programs throughout the state, bringing community resources into schools to help students stay in school and prepare for life.

Total Funds

$2,445,623

State Funds

$2,445,623

State General Funds

$2,445,623

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

2364

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB1027)
Remove one-time funds for 5 new Performance Learning Centers (PLCs).
Add operating funds for five new Communities in Schools local affiliate programs.
Add operating funds for five Performance Learning Centers funded in FY 2007.
Add funds for two new Performance Learning Centers in Muscogee County and the Oconee RESA.
Amount appropriated in this Act

State Funds $2,303,123 ($982,500)
$175,000
$450,000
$500,000
$2,445,623

Total Funds $2,303,123 ($982,500)
$175,000
$450,000
$500,000
$2,445,623

23.6. Curriculum Development

Purpose: 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

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$1,774,833

$1,974,833

Remove one-time funding for the Basic Right Over Wrong (B-ROW) contract (Federal Funds: $200,000).

$0

($200,000)

Amount appropriated in this Act

$1,774,833

$1,774,833

23.7. Dropout Prevention

Purpose: Reduce dropout rates for Georgia students.

Total Funds

$45,452,845

State Funds

$45,452,845

State General Funds

$45,452,845

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$15,829,069 $15,829,069

Provide for a general salary increase of 3% for

$1,115,142

$1,115,142

FRIDAY, APRIL 13, 2007

2365

Regional Educational Service Agencies (RESAs) ($300,447), the Severely Emotionally Disturbed (SED) Network ($1,451,700), Preschool Handicapped ($906,024), High School Agricultural ($218,228) and Technology/Career Programs ($238,136), Graduation Coaches ($1,115,142) and state school teachers ($446,019) effective September 1, 2007.
Reflect an adjustment in the employer share of State Health Benefit Plan premiums from 16.713% to 18.534% for teachers.
Expand graduation coaches to middle schools.
Adjust funds for training and experience for high school graduation coaches and add funds for graduation coaches at 12 new high schools and the 3 state schools.
Provide funding for the Junior ROTC program to address the high school dropout rate.
Add funds to provide online tutorial services statewide.
Provide funding to pay for college entrance exams.
Increase funds for training new graduation coaches.
Amount appropriated in this Act

$637,245
$18,016,320 $8,075,069
$780,000 $750,000
$0 $250,000 $45,452,845

$637,245
$18,016,320 $8,075,069
$780,000 $750,000
$0 $250,000 $45,452,845

23.8. Equalization

Purpose: 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

$458,323,816

State Funds

$458,323,816

State General Funds

$458,323,816

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$427,024,372 $427,024,372

Provide for an increase in Equalization Grants.

$31,499,444 $31,499,444

Redirect funds for the one-time grant for Jeff Davis County Schools to the Academic Coach program for the Teacher Success Model.

($200,000)

($200,000)

2366

JOURNAL OF THE HOUSE

Amount appropriated in this Act

$458,323,816 $458,323,816

23.9. Federal Programs

Purpose: Coordinate federally funded programs and allocate federal funds to school systems.

Total Funds

$817,561,039

Federal Funds and Grants

$817,561,039

Federal Funds Not specifically Identified

$817,561,039

23.10. Foreign Language

Purpose: Provide funds to schools for foreign language instruction.

Total Funds

$1,590,857

State Funds

$1,590,857

State General Funds

$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 (HB1027)

$1,590,857

$1,590,857

Redirect funding for the pilot elementary foreign language program to QBE to provide foreign language media materials for elementary students statewide.

$0

$0

Amount appropriated in this Act

$1,590,857

$1,590,857

23.11. Fund Accounting

Purpose: 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

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$2,000,000

$2,000,000

Remove base funding for Fund Accounting.

($2,000,000) ($2,000,000)

Amount appropriated in this Act

$0

$0

FRIDAY, APRIL 13, 2007

2367

23.12. Georgia Learning Resources System (GLRS)

Purpose: Provide training and resources to educators and parents of students with disabilities through a network of centers around the state.

Total Funds

$7,367,573

Federal Funds and Grants

$5,117,573

Federal Funds Not specifically Identified

$5,117,573

State Funds

$2,250,000

State General Funds

$2,250,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$0

$5,117,573

Transfer funds from the State Reading and Math program ($2,100,000) and Central Office ($150,000) to the Georgia Learning Resources System (GLRS) to provide targeted training for teachers of students with disabilities.

$2,250,000

$2,250,000

Amount appropriated in this Act

$2,250,000

$7,367,573

23.13. Georgia Virtual School

Purpose: 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

$2,198,878

State Funds

$2,198,878

State General Funds

$2,198,878

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$2,188,734

$2,188,734

Annualize the cost of the FY 2007 salary adjustment.

$4,033

$4,033

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$6,111

$6,111

Amount appropriated in this Act

$2,198,878

$2,198,878

23.14. Georgia Youth Science and Technology

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Purpose: Increase interest and enthusiasm in science and the technologies, particularly among elementary and middle school teachers and students.

Total Funds

$250,000

State Funds

$250,000

State General Funds

$250,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$689,203

$689,203

Redirect funding for the contract with the Georgia Youth Science and Technology Centers to the Regional Educational Service Agencies (RESAs) to provide comprehensive training and support to schools statewide.

($439,203)

($439,203)

Amount appropriated in this Act

$250,000

$250,000

23.15. Governor's Honors Program

Purpose: 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

$1,430,824

State Funds

$1,430,824

State General Funds

$1,430,824

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$1,418,223

$1,418,223

Annualize the cost of the FY 2007 salary adjustment.

$5,010

$5,010

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$7,591

$7,591

Amount appropriated in this Act

$1,430,824

$1,430,824

23.16. Information Technology Services

Purpose: Collect and report accurate data through the development and maintenance of web-enabled applications.

Total Funds

$7,417,319

FRIDAY, APRIL 13, 2007

2369

State Funds State General Funds

$7,417,319 $7,417,319

23.17. Local Five Mill Share

Purpose: Required local effort based on five mills of tax on the equalized adjusted property tax digest.

Total Funds

($1,543,476,487)

State Funds

($1,543,476,487)

State General Funds

($1,543,476,487)

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027) ($1,440,262,506) ($1,440,262,506)

Increase funds for Local Five Mill Share.

($103,213,981) ($103,213,981)

Amount appropriated in this Act

($1,543,476,487) ($1,543,476,487)

23.18. National Board Certification

Purpose: Provide the 10% 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

23.19. National Science Center and Foundation

Purpose: Ignite and promote students' interest in mathematics and sciences, develop new ways to use technology in teaching and deploy those methods in our schools.

Total Funds

$1,416,750

State Funds

$1,416,750

State General Funds

$1,416,750

23.20. Non-Quality Basic Education Grants

Purpose: Assure that sufficient funds are provided in order for the state's public school students to receive an effective education.

Total Funds

$20,502,174

State Funds

$20,502,174

State General Funds

$20,502,174

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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 (HB1027)

$21,088,674 $21,088,674

Increase funds for classroom cards from $10,000,000 to $11,213,500 for additional teachers and provide 1 card per school media center.

$1,213,500

$1,213,500

Redirect funding for summer remediation grants to the QBE formula to increase funding for additional instruction.

$0

$0

Reduce funding by 120 principals (from 150 to 30) at $15,000 per eligible principal to more accurately reflect anticipated participation in the program.

($1,800,000) ($1,800,000)

Amount appropriated in this Act

$20,502,174 $20,502,174

23.21. Nutrition

Purpose: 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

$227,120,109

Federal Funds and Grants

$188,375,722

Federal Funds Not specifically Identified

$188,375,722

State Funds

$38,744,387

State General Funds

$38,744,387

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$37,523,884 $225,899,606

Provide for a general increase of 3% for bus drivers ($2,416,639) and lunchroom workers ($1,220,503) effective July 1, 2007.

$1,220,503

$1,220,503

Amount appropriated in this Act

$38,744,387 $227,120,109

23.22. Preschool Handicapped

Purpose: Provide early intervention so students with disabilities will enter school with the skills to succeed.

Total Funds

$29,135,155

State Funds

$29,135,155

FRIDAY, APRIL 13, 2007

2371

State General Funds

$29,135,155

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$26,471,119 $26,471,119

Annualize the cost of the FY 2007 salary adjustment.

$237,248

$237,248

Provide for a general salary increase of 3% for Regional Educational Service Agencies (RESAs) ($300,447), the Severely Emotionally Disturbed (SED) Network ($1,451,700), Preschool Handicapped ($906,024), High School Agricultural ($218,228) and Technology/Career Programs ($238,136), Graduation Coaches ($1,115,142) and state school teachers ($446,019) effective September 1, 2007.

$906,024

$906,024

Reflect an adjustment in the employer share of State Health Benefit Plan premiums from 16.713% to 18.534% for teachers.

$431,346

$431,346

Add funds to the Preschool Handicapped program based on enrollment increases.

$1,089,418

$1,089,418

Amount appropriated in this Act

$29,135,155 $29,135,155

23.23. Principal Supplements

Purpose: Provide a salary supplement to principals with additional responsibilities.

Total Funds

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$5,361,125

$5,361,125

Redirect funds from Principal Supplements to QBE to restore the austerity reduction.

($5,361,125) ($5,361,125)

Amount appropriated in this Act

$0

$0

23.24. Pupil Transportation

Purpose: 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

$168,868,769

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JOURNAL OF THE HOUSE

State Funds

$168,868,769

State General Funds

$168,868,769

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$166,452,130 $166,452,130

Provide for a general increase of 3% for bus drivers ($2,416,639) and lunchroom workers ($1,220,503) effective July 1, 2007.

$2,416,639

$2,416,639

Amount appropriated in this Act

$168,868,769 $168,868,769

23.25. Quality Basic Education Program

Purpose: 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

$8,060,635,524

State Funds

$8,060,635,524

State General Funds

$8,060,635,524

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027) $7,419,025,063 $7,419,025,063

Annualize the cost of the FY 2007 salary adjustment.

$44,233,928 $44,233,928

Reflect an adjustment in the employer share of State Health Benefit Plan premiums from 16.713% to 18.534% for teachers.

$103,856,005 $103,856,005

Provide for a general increase of 3% to the state base salary schedule for the State Board of Education effective September 1, 2007. This proposed 3% 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.

$178,227,443

$178,227,443

Redirect funding from the pilot elementary foreign language program to QBE to increase funding for media materials from $13.03 to $15.31 per FTE for grades K-5 and provide foreign language materials for elementary school students statewide.

$1,590,857

$1,590,857

FRIDAY, APRIL 13, 2007

2373

Redirect funding from summer remediation grants to the QBE formula to increase the funding for additional instruction.
Redirect funds from the State Reading and Math Program ($24,402,770) and Principal Supplements ($5,361,125) to QBE to restore the austerity reduction.
Increase funds for QBE enrollment growth of 2.65% ($152,589,582) and for training and experience ($89,549,344).
Transfer funds for HB 400 from the Teachers' Retirement System (TRS) to the Department of Education to properly reflect the employer rate increase for TRS members from 9.24% to 9.28%.
Provide funds to restore austerity reductions ($32,903,149) to the Quality Basic Education funding formula including FY 2003 reductions to direct classroom expenses, including equipment, additional instruction, and maintenance and operations ($7,096,851).
Add funds to correct an error in the middle school/middle grades FTE count for Paulding County.
Amount appropriated in this Act

$0 $29,763,895 $242,138,926
$1,758,150 $40,000,000
$41,257 $8,060,635,524

$0 $29,763,895 $242,138,926
$1,758,150 $40,000,000
$41,257 $8,060,635,524

23.26. Regional Education Service Agencies (RESAs)

Purpose: Provide Georgia's 16 Regional Educational Service Agencies (RESAs) with shared services to improve the effectiveness of educational programs and services of

local school systems.

Total Funds

$12,458,083

State Funds

$12,458,083

State General Funds

$12,458,083

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$11,962,471 $11,962,471

Annualize the cost of the FY 2007 salary adjustment.

$52,126

$52,126

Provide for a general salary increase of 3% for

$300,447

$300,447

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JOURNAL OF THE HOUSE

Regional Educational Service Agencies (RESAs) ($300,447), the Severely Emotionally Disturbed (SED) Network ($1,451,700), Preschool Handicapped ($906,024), High School Agricultural ($218,228) and Technology/Career Programs ($238,136), Graduation Coaches ($1,115,142) and state school teachers ($446,019) effective September 1, 2007.
Reflect an adjustment in the employer share of State Health Benefit Plan premiums from 16.713% to 18.534% for teachers.
Redirect funding for the contract with the Georgia Youth Science and Technology Centers to the RESAs to provide comprehensive training and support to schools statewide.
Amount appropriated in this Act

$143,039 $0
$12,458,083

$143,039 $0
$12,458,083

23.27. School Improvement

Purpose: 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

$11,312,332

Other Funding Sources

$100,000

Other Funds Not Specifically Identified

$100,000

State Funds

$11,212,332

State General Funds

$11,212,332

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$11,636,228 $11,736,228

Annualize the cost of the FY 2007 salary adjustment.

$91,493

$91,493

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$132,611

$132,611

Redirect funds from School Improvement to the Academic Coach Program to support the Teacher Success Model.

($400,000)

($400,000)

FRIDAY, APRIL 13, 2007

2375

Eliminate contract funding for Graduation Counts Summit speakers.
Eliminate contract funding for travel and registration for the Graduation Counts Summit.
Eliminate contract funding for Coastal Plains RESA Standards.
Eliminate contract funding to Fulton Stone.
Eliminate contract funding for professional editing services of training materials.
Amount appropriated in this Act

($25,000) ($155,000) ($48,000) ($10,000) ($10,000) $11,212,332

($25,000) ($155,000) ($48,000) ($10,000) ($10,000) $11,312,332

23.28. School Nurses

Purpose: 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

State General 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 (HB1027)

$30,000,000 $30,000,000

Replace tobacco settlement funds with state general funds ($30,000,000) for school nurses.

$0

$0

Amount appropriated in this Act

$30,000,000 $30,000,000

23.29. Severely Emotionally Disturbed (SED)

Purpose: Provides statewide services to parents and educators of students with disabilities.

Total Funds

$81,194,324

Federal Funds and Grants

$10,913,372

Federal Funds Not specifically Identified

$10,913,372

State Funds

$70,280,952

State General Funds

$70,280,952

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$67,834,466 $75,558,578

2376

JOURNAL OF THE HOUSE

Annualize the cost of the FY 2007 salary adjustment.
Provide for a general salary increase of 3% for Regional Educational Service Agencies (RESAs) ($300,447), the Severely Emotionally Disturbed (SED) Network ($1,451,700), Preschool Handicapped ($906,024), High School Agricultural ($218,228) and Technology/Career Programs ($238,136), Graduation Coaches ($1,115,142) and state school teachers ($446,019) effective September 1, 2007.
Reflect an adjustment in the employer share of State Health Benefit Plan premiums from 16.713% to 18.534% for teachers.
Fund additional behavior support specialist positions (Federal Funds: $3,189,260).
Amount appropriated in this Act

$303,650 $1,451,700
$691,136 $0
$70,280,952

$303,650 $1,451,700
$691,136 $3,189,260 $81,194,324

23.30. State Interagency Transfers

Purpose: Provide health insurance to retired teachers and non-certified personnel and to pass through funding via a contract.

Total Funds

$307,163,848

Federal Funds and Grants

$18,888,697

Federal Funds Not specifically Identified

$18,888,697

State Funds

$288,275,151

State General Funds

$288,275,151

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$251,591,693 $270,480,390

Increase funds for health insurance for noncertificated personnel to reflect an adjustment in the State Health Benefit Plan per member/per month rates.

$36,683,458 $36,683,458

Amount appropriated in this Act

$288,275,151 $307,163,848

23.31. State Reading and Math Program
Purpose: Improve academic proficiency in reading and math by funding research based programs in grades K-3 and after-school programs in grades 4-8.

FRIDAY, APRIL 13, 2007

2377

Total Funds

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$26,502,770 $26,502,770

Transfer funds from the State Reading and Math program to the Georgia Learning Resources System (GLRS) to provide targeted training for teachers of students with disabilities.

($2,100,000) ($2,100,000)

Redirect funds from the State Reading and Math program to QBE to restore the austerity reduction.

($24,402,770) ($24,402,770)

Amount appropriated in this Act

$0

$0

23.32. State Schools

Purpose: 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

$23,532,221

Other Funding Sources

$932,715

Other Funds Not Specifically Identified

$932,715

State Funds

$22,599,506

State General Funds

$22,599,506

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$20,198,593 $21,131,308

Annualize the cost of the FY 2007 salary adjustment.

$149,240

$149,240

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$811,514

$811,514

Provide for a general salary increase of 3% for Regional Educational Service Agencies (RESAs) ($300,447), the Severely Emotionally Disturbed (SED) Network ($1,451,700), Preschool Handicapped ($906,024), High School Agricultural ($218,228) and Technology/Career Programs ($238,136), Graduation Coaches ($1,115,142) and state school teachers ($446,019) effective September

$446,019

$446,019

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JOURNAL OF THE HOUSE

1, 2007.
Adjust funding to properly reflect training and experience for state school teachers.
Provide funds for 5 instructors at the Atlanta Area School for the Deaf based on increased enrollment.
Add funds for Minor Repairs and Renovations (MRR) at the 3 state schools.
Increase travel funding for the Georgia Parent Infant Network for Educational Services (PINES) program to continue providing services to families of infants and toddlers with sensory impairments.
Amount appropriated in this Act

$127,656 $202,484 $600,000 $64,000
$22,599,506

$127,656 $202,484 $600,000 $64,000
$23,532,221

23.33. Technology/Career Education

Purpose: Equip students with academic, technical and leadership skills.

Total Funds

$40,994,078

Federal Funds and Grants

$20,606,546

Federal Funds Not specifically Identified

$20,606,546

Other Funding Sources

$4,009,567

Other Funds Not Specifically Identified

$4,009,567

State Funds

$16,377,965

State General Funds

$16,377,965

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$15,954,386 $40,570,499

Annualize the cost of the FY 2007 salary adjustment.

$72,070

$72,070

Provide for a general salary increase of 3% for Regional Educational Service Agencies (RESAs) ($300,447), the Severely Emotionally Disturbed (SED) Network ($1,451,700), Preschool Handicapped ($906,024), High School Agricultural ($218,228) and Technology/Career Programs ($238,136), Graduation Coaches ($1,115,142) and state school teachers ($446,019) effective September 1, 2007.

$238,136

$238,136

Reflect an adjustment in the employer share of State

$113,373

$113,373

FRIDAY, APRIL 13, 2007

2379

Health Benefit Plan premiums from 16.713% to 18.534% for teachers.
Authorize the Georgia State Financing and Investment Commission to redirect $11 million - the balance of $468 million approved April 24, 2001 as House Bill 139, Act No. 212 for public school capital outlay - for the purchase of vocational and agricultural equipment for new schools.
Amount appropriated in this Act

$0

$0

$16,377,965 $40,994,078

23.34. Testing

Purpose: Adopt a student assessment program consisting of instruments, procedures, and policies necessary to implement the program.

Total Funds

$35,097,211

Federal Funds and Grants

$10,454,191

Federal Funds Not specifically Identified

$10,454,191

State Funds

$24,643,020

State General Funds

$24,643,020

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$20,459,829 $30,914,020

Implement the revised Georgia Kindergarten Assessment Program (GKAP) to meet the new curriculum standards.

$175,000

$175,000

Increase funds for Advanced Placement (AP) exams ($2,234,974) and Preliminary Scholastic Assessment Test (PSAT) ($169,142) to reflect a higher number of students taking these exams.

$2,404,116

$2,404,116

Provide funding to pay for college entrance exams.

$1,250,000

$1,250,000

Provide funding toward Advanced Placement Exams for private school students on the same basis as public school students.

$354,075

$354,075

Amount appropriated in this Act

$24,643,020 $35,097,211

23.35. Tuition for the Multi-Handicapped
Purpose: 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

2380

JOURNAL OF THE HOUSE

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 Funds and Grants Other Funding Sources
Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Retirement Payments

$24,919,048 $0
$2,559,098 $2,516,963
$42,135 $4,655,801 $4,655,801 $17,704,149 $17,704,149

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 2008. 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 2008.

24.1. System Administration

Purpose: Collect employee and employer contributions, invest the accumulated funds, and disburse retirement benefits to members and beneficiaries.

Total Funds

$17,710,149

State Funds

$6,000

State General Funds

$6,000

Intra-State Government Transfers

$17,704,149

Retirement Payments

$17,704,149

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$6,000 $17,333,126

Annualize the cost of the FY 2007 salary adjustment

$0

$85,301

FRIDAY, APRIL 13, 2007

2381

(Other Funds: $85,301).
Reflect an adjustment in the Workers' Compensation premiums (Other Funds: $30,806).
Reflect an adjustment in the employer share of State Health Benefit Plan premiums from 16.713% to 22.843% (Other Funds: $260,916).
Amount appropriated in this Act

$0

$30,806

$0

$260,916

$6,000 $17,710,149

24.2. Deferred Compensation

Purpose: 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

$2,559,098

Other Funding Sources

$2,559,098

Agency Funds

$2,516,963

Other Funds Not Specifically Identified

$42,135

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$0

$2,516,963

Reduce personal services ($310,456) and 8 positions, regular operating expenses ($14,617), real estate rentals ($10,170), telecommunications ($606), and contractual services ($797,707) to reflect the outsourcing of the administration of Peach State Reserves (Other Funds: $1,133,556).

$0 ($1,133,556)

Increase funding in contractual services to reflect the outsourcing of the administration of Peach State Reserves (Other Funds: $1,175,691).

$0

$1,175,691

Amount appropriated in this Act

$0

$2,559,098

24.3. Georgia Military Pension Fund

Purpose: Provide retirement allowances and other benefits for members of the Georgia National Guard.

Total Funds

$1,103,073

State Funds

$1,103,073

State General Funds

$1,103,073

The above amounts include the following adjustments, additions, and deletions to the

2382

JOURNAL OF THE HOUSE

previous appropriation act:
Amount from prior Appropriation Act (HB1027) Increase funding for the Georgia Military Pension Fund to the level required by the latest actuarial report. Amount appropriated in this Act

State Funds $1,005,099
$97,974

Total Funds $1,005,099
$97,974

$1,103,073

$1,103,073

24.4. Public School Employees' Retirement System

Purpose: Account for the receipt of retirement contributions, ensure sound investing of system funds, and provide timely and accurate payment of retirement benefits.

Total Funds

$3,546,728

State Funds

$3,546,728

State General Funds

$3,546,728

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$7,071,996

$7,071,996

Reduce funding for the Public School Employees' Retirement System (PSERS) to the level required by the latest actuarial report.

($4,950,268) ($4,950,268)

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 $14.00 to $14.25.

$1,425,000

$1,425,000

Amount appropriated in this Act

$3,546,728

$3,546,728

Section 25: Forestry Commission, State Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources
Agency Funds Other Funds Not Specifically Identified State Funds

$43,618,255 $822,000 $822,000
$4,810,483 $668,539
$4,141,944 $37,985,772

FRIDAY, APRIL 13, 2007

2383

State General Funds Intra-State Government Transfers

$37,985,772 $0

25.1. Administration

Purpose: 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

$4,835,858

Other Funding Sources

$4,872

Agency Funds

$4,872

State Funds

$4,830,986

State General Funds

$4,830,986

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$4,491,830

$4,664,857

Annualize the cost of the FY 2007 salary adjustment.

$21,530

$21,530

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$83,583

$83,583

Reflect an adjustment in Workers' Compensation premiums.

$27,091

$27,091

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$34,463

$34,463

Transfer funds from the Administration program to the Forest Management program to accurately reflect expenditures.

($248,449)

($248,449)

Realize CNG savings by redirecting funds from the Administration program to the Forest Protection program to provide for moderate fire season equipment maintenance needs.

($38,137)

($38,137)

Provide state funds to replace the annual debt

$168,155

$0

service payment (other funds) from Herty Advanced

Materials Development Center.

Provide funding to address ongoing facilities maintenance needs.

$290,920

$290,920

2384

JOURNAL OF THE HOUSE

Amount appropriated in this Act

$4,830,986

$4,835,858

25.2. Forest Management

Purpose: Provide forestry inventory data, manage state-owned forests, provide technical assistance on forest health and water quality issues to forest landowners, administer federal forestry programs, assist communities with management of forested greenspace, market forestry products and provide technical assistance to the forestry industry.

Total Funds

$4,870,668

Federal Funds and Grants

$552,000

Federal Funds Not specifically Identified

$552,000

Other Funding Sources

$627,500

Agency Funds

$127,500

Other Funds Not Specifically Identified

$500,000

State Funds

$3,691,168

State General Funds

$3,691,168

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$3,181,270

$4,360,770

Annualize the cost of the FY 2007 salary adjustment.

$24,912

$24,912

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$132,769

$132,769

Reflect an adjustment in Workers' Compensation premiums.

$49,023

$49,023

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$54,745

$54,745

Transfer funds from the Administration program to the Forest Management program to accurately reflect expenditures.

$248,449

$248,449

Amount appropriated in this Act

$3,691,168

$4,870,668

25.3. Forest Protection
Purpose: Protect the public and forest resources by detecting and suppressing forest fires, assisting landowners with fire prevention techniques, educating the public about

FRIDAY, APRIL 13, 2007

2385

the dangers of wildfires, and providing programs to support rural fire departments.

Total Funds

$32,404,004

Federal Funds and Grants

$200,000

Federal Funds Not specifically Identified

$200,000

Other Funding Sources

$2,676,611

Agency Funds

$536,167

Other Funds Not Specifically Identified

$2,140,444

State Funds

$29,527,393

State General Funds

$29,527,393

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$26,346,446 $29,223,057

Annualize the cost of the FY 2007 salary adjustment.

$258,364

$258,364

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$743,493

$743,493

Reflect an adjustment in Workers' Compensation premiums.

$354,768

$354,768

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$306,563

$306,563

Realize CNG savings by redirecting funds from the Administration program to the Forest Protection program to provide for moderate fire season equipment maintenance needs.

$38,137

$38,137

Fund ongoing equipment maintenance needs to ensure firefighter readiness.

$979,622

$979,622

Provide funds for crawlers, environmental cab kits and other equipment needs.

$500,000

$500,000

Amount appropriated in this Act

$29,527,393 $32,404,004

25.4. Tree Improvement

Purpose: Provide Georgia's landowners with genetically superior seedlings to ensure increased volume and superior quality of trees grown.

Total Funds

$121,994

State Funds

$121,994

2386

JOURNAL OF THE HOUSE

State General Funds

$121,994

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$118,659

$118,659

Annualize the cost of the FY 2007 salary adjustment.

$615

$615

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$1,469

$1,469

Reflect an adjustment in Workers' Compensation premiums.

$645

$645

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$606

$606

Amount appropriated in this Act

$121,994

$121,994

25.5. Tree Seedling Nursery

Purpose: Produce an adequate quantity of high quality forest tree seedlings for sale at a reasonable cost to Georgia landowners.

Total Funds

$1,385,731

Federal Funds and Grants

$70,000

Federal Funds Not specifically Identified

$70,000

Other Funding Sources

$1,501,500

Other Funds Not Specifically Identified

$1,501,500

State Funds

($185,769)

State General Funds

($185,769)

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

($224,113)

$1,347,387

Annualize the cost of the FY 2007 salary adjustment.

$2,153

$2,153

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$17,404

$17,404

Reflect an adjustment in Workers' Compensation premiums.

$11,611

$11,611

FRIDAY, APRIL 13, 2007

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Amount appropriated in this Act

$7,176 ($185,769)

2387 $7,176 $1,385,731

Section 26: Governor, Office of the Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources
Other Funds Not Specifically Identified State Funds
State General Funds Intra-State Government Transfers

$51,566,657 $5,552,103 $5,552,103 $885,545 $885,545
$45,129,009 $45,129,009
$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.

26.1. Governor's Office

Purpose: 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

$5,532,635

State Funds

$5,532,635

State General Funds

$5,532,635

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$5,244,359

$5,244,359

Annualize the cost of the FY 2007 salary adjustment.

$95,914

$95,914

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713%

$180,603

$180,603

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JOURNAL OF THE HOUSE

to 22.843%.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Remove one-time funding for gubernatorial transition.
Amount appropriated in this Act

$61,759

$61,759

($50,000) $5,532,635

($50,000) $5,532,635

26.2. Governor's Emergency Funds

Purpose: 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

26.3. Office of Planning and Budget

Purpose: Improves state government operations and services by leading and assisting in the evaluation, development, and implementation of budgets, plans, programs, and policies.

Total Funds

$10,237,209

State Funds

$10,237,209

State General Funds

$10,237,209

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$9,060,842

$9,060,842

Annualize the cost of the FY 2007 salary adjustment.

$57,169

$57,169

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$24,643

$24,643

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$246,082

$246,082

Reflect an adjustment in Workers' Compensation premiums.

$758,991

$758,991

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$89,482

$89,482

FRIDAY, APRIL 13, 2007

2389

Amount appropriated in this Act

$10,237,209 $10,237,209

The following appropriations are for agencies attached for administrative purposes.

26.4. Arts, Georgia Council for the

Purpose: Promote and support the arts across Georgia.

Total Funds

$4,608,348

Federal Funds and Grants

$659,400

Federal Funds Not specifically Identified

$659,400

Other Funding Sources

$10,000

Other Funds Not Specifically Identified

$10,000

State Funds

$3,938,948

State General Funds

$3,938,948

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$3,980,960

$4,650,360

Annualize the cost of the FY 2007 salary adjustment.

$1,773

$1,773

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$22,265

$22,265

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$7,350

$7,350

Remove one-time funding for federally mandated strategic plan.

($73,400)

($73,400)

Provide funds to create the Georgia Arts Alliance Trust fund.

$0

$0

Amount appropriated in this Act

$3,938,948

$4,608,348

26.5. Child Advocate, Office of the

Purpose: Provide independent oversight of persons, organizations, and agencies responsible for the protection and well-being of our children.

Total Funds

$783,919

State Funds

$783,919

2390

JOURNAL OF THE HOUSE

State General Funds

$783,919

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$743,198

$743,198

Annualize the cost of the FY 2007 salary adjustment.

$6,245

$6,245

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$24,942

$24,942

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$9,534

$9,534

Amount appropriated in this Act

$783,919

$783,919

26.6. Commission on Equal Opportunity

Purpose: 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

$1,102,945

Federal Funds and Grants

$387,217

Federal Funds Not specifically Identified

$387,217

State Funds

$715,728

State General Funds

$715,728

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$662,395

$1,049,612

Annualize the cost of the FY 2007 salary adjustment.

$5,645

$5,645

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$4,658

$4,658

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$34,646

$34,646

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$8,384

$8,384

FRIDAY, APRIL 13, 2007

2391

Amount appropriated in this Act

$715,728

$1,102,945

26.7. Consumer Affairs, Office of

Purpose: 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

$8,848,774

Other Funding Sources

$567,689

Other Funds Not Specifically Identified

$567,689

State Funds

$8,281,085

State General Funds

$8,281,085

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$6,448,274

$7,015,963

Annualize the cost of the FY 2007 salary adjustment.

$30,239

$30,239

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$12,896

$12,896

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$216,847

$216,847

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$72,829

$72,829

Provide funds to continue the customer service initiative in the Office of Customer Service including funds for an additional 38 positions, including $5,974 in CNG savings.

$1,500,000

$1,500,000

Amount appropriated in this Act

$8,281,085

$8,848,774

26.8. Georgia Emergency Management Agency

Purpose: 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

$6,817,532

Federal Funds and Grants

$4,127,556

Federal Funds Not specifically Identified

$4,127,556

2392

JOURNAL OF THE HOUSE

Other Funding Sources

$307,856

Other Funds Not Specifically Identified

$307,856

State Funds

$2,382,120

State General Funds

$2,382,120

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$2,112,817

$6,548,229

Annualize the cost of the FY 2007 salary adjustment.

$14,547

$14,547

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$170,479

$170,479

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$20,031

$20,031

Increase personal services for a computer software engineer to upgrade internal systems and support the emergency operations center.

$64,246

$64,246

Amount appropriated in this Act

$2,382,120

$6,817,532

26.9. Homeland Security, Office of

Purpose: 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

$534,850

State Funds

$534,850

State General Funds

$534,850

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$505,669

$505,669

Annualize the cost of the FY 2007 salary adjustment.

$5,015

$5,015

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$17,292

$17,292

Provide for a general salary increase of 3% effective

$6,874

$6,874

FRIDAY, APRIL 13, 2007

2393

January 1, 2008 and provide for performance increases.
Amount appropriated in this Act

$534,850

$534,850

26.10. Inspector General, Office of the State

Purpose: Foster and promote accountability and integrity in state government by investigating and preventing fraud, waste, and abuse.

Total Funds

$833,990

State Funds

$833,990

State General Funds

$833,990

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$830,636

$830,636

Annualize the cost of the FY 2007 salary adjustment.

$5,364

$5,364

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$1,533

$1,533

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$20,388

$20,388

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$7,719

$7,719

Remove one-time contract funding for development of a prevention training program.

($31,650)

($31,650)

Amount appropriated in this Act

$833,990

$833,990

26.11. Professional Standards Commission, Georgia

Purpose: Direct the preparation, certification, professional discipline and recruitment of educators in Georgia.

Total Funds

$7,256,007

Federal Funds and Grants

$111,930

Federal Funds Not specifically Identified

$111,930

State Funds

$7,144,077

State General Funds

$7,144,077

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

2394

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB1027)
Annualize the cost of the FY 2007 salary adjustment.
Increase the Georgia Building Authority (GBA) real estate rental rate for office space.
Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Transfer funds from the Professional Standards Commission to the Office of Student Achievement to provide assistance with the processing and analyzing of Master Teacher applications.
Realign object classes and add 2 teacher recruitment positions and related expenses to work with school systems to fill teacher vacancies in high need areas.
Amount appropriated in this Act

State Funds $6,854,491
$45,224
$14,028
$183,240

Total Funds $6,966,421
$45,224
$14,028
$183,240

$83,855

$83,855

($36,761)

($36,761)

$0

$0

$7,144,077

$7,256,007

26.12. Student Achievement, Office of

Purpose: Improve student achievement and school completion in Georgia.

Total Funds

$1,540,872

Federal Funds and Grants

$266,000

Federal Funds Not specifically Identified

$266,000

State Funds

$1,274,872

State General Funds

$1,274,872

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$1,163,376

$1,429,376

Annualize the cost of the FY 2007 salary adjustment.

$8,006

$8,006

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$47,901

$47,901

Provide for a general salary increase of 3% effective

$18,828

$18,828

FRIDAY, APRIL 13, 2007

January 1, 2008 and provide for performance increases.
Transfer funds from the Professional Standards Commission to the Office of Student Achievement to provide assistance with the processing and analyzing of Master Teacher applications.
Amount appropriated in this Act

$36,761 $1,274,872

2395 $36,761 $1,540,872

Section 27: Human Resources, Department of Total Funds Federal Funds and Grants
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 Community Services Block Grant Low-Income Home Energy Assistance TANF Block Grant Unobligated Balance Federal Funds Not specifically Identified Other Funding Sources Agency Funds Other Funds Not Specifically Identified State Funds Tobacco Funds Brain and Spinal Injury Trust Fund State General Funds Intra-State Government Transfers Other Intra-State Government Payments

$3,229,956,364 $1,489,211,683
$279,221,479
$50,486,793 $55,335,942 $44,750,418 $17,348,034 $133,748,981
$4,203,962
$12,840,422
$50,960,435
$17,189,252 $18,970,241 $153,953,396 $650,202,328 $158,061,749 $134,287,338 $23,774,411 $1,576,652,388 $26,759,553
$3,063,194 $1,546,829,641
$6,030,544 $6,030,544

2396

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.

27.1. Administration

Purpose: To provide administration and support for the Divisions and Operating Office.

Total Funds

$249,364,865

Federal Funds and Grants

$118,203,342

Temporary Assistance for Needy Families Block Grant

$20,801,557

Social Services Block Grant

$5,425,106

Child Care and Development Block Grant

$716,038

Foster Care Title IV-E

$8,109,514

Medical Assistance Program

$29,579,631

FRIDAY, APRIL 13, 2007

2397

Preventive Health and Health Services Block Grant

$31,070

Community Services Block Grant

$4,069

Low-Income Home Energy Assistance

$346,557

Federal Funds Not specifically Identified

$53,189,800

Other Funding Sources

$5,872,059

Agency Funds

$2,247,708

Other Funds Not Specifically Identified

$3,624,351

State Funds

$125,289,461

Tobacco Funds

$321,984

State General Funds

$124,967,477

Intra-State Government Transfers

$3

Other Intra-State Government Payments

$3

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$110,218,587 $236,293,991

Annualize the cost of the FY 2007 salary adjustment.

$1,175,950

$1,175,950

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$261,391

$261,391

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$5,785,089

$5,785,089

Reflect an adjustment in Workers' Compensation premiums.

$7,071,974

$7,071,974

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$2,007,700

$2,007,700

Redirect $1,000,000 in state funds for training and equipment related to the Virtual Presence initiative.

$0

$0

Realize savings from reduced administrative expenses.

($63,979)

($63,979)

Reflect savings of renegotiated contracts.

($3,252)

($3,252)

Provide funding to purchase software to streamline the contracts management process.

$0

$0

Provide funding for the additional operating expenses of the Sexual Offender Review Board due to expanded duties based on HB 1059.

$336,001

$336,001

2398

JOURNAL OF THE HOUSE

Eliminate time-limited TANF funds for the Atlanta Food Bank.
Reflect anticipated surplus due to operational efficiencies.
Amount appropriated in this Act

$0 ($2,000,000) ($1,500,000) ($1,500,000) $125,289,461 $249,364,865

27.2. Adolescent and Adult Health Promotion

Purpose: 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

$47,002,174

Federal Funds and Grants

$26,578,087

Temporary Assistance for Needy Families Block Grant

$7,238,374

Maternal and Child Health Services Block Grant

$1,087,109

Medical Assistance Program

$25,632

Preventive Health and Health Services Block Grant

$41,694

TANF Block Grant Unobligated Balance

$11,858,523

Federal Funds Not specifically Identified

$6,326,755

Other Funding Sources

$3

Other Funds Not Specifically Identified

$3

State Funds

$20,424,084

Tobacco Funds

$4,874,988

State General Funds

$15,549,096

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$18,266,879 $46,344,969

Annualize the cost of the FY 2007 salary adjustment.

$251,378

$251,378

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$1,236,654

$1,236,654

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$429,173

$429,173

Realign funds to reflect program restructuring for FY 2008 to allow for provision of services to Georgia citizens by transferring funds from

$0

$0

FRIDAY, APRIL 13, 2007

2399

Adolescent and Adult Health Promotion, Infant and Child Health Promotion, and Injury Prevention programs to a new Prevention and Health Promotion program.
Reduce TANF funds in behavioral health care expenditures due to declining caseloads.
Provide funding for the Diabetes Care Coalition's diabetes awareness campaign.
Provide $40,000 funding for Safe House Outreach Mentoring Program for mentoring children whose parents are incarcerated.
Utilize existing tobacco settlement funding to match CDC dollars and to augment tobacco use prevention efforts on middle school and high school campuses through the Tobacco Use Prevention Program.
Amount appropriated in this Act

$0 $200,000 $40,000

($1,500,000) $200,000 $40,000

$0

$0

$20,424,084 $47,002,174

27.3. Adoption Services

Purpose: Support and facilitate the safe permanent placement of children by prescreening families and providing support and financial services after adoption.

Total Funds

$69,771,604

Federal Funds and Grants

$36,632,278

Temporary Assistance for Needy Families Block Grant

$12,000,000

Federal Funds Not specifically Identified

$24,632,278

State Funds

$33,139,326

State General Funds

$33,139,326

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$32,954,192 $69,586,471

Annualize the cost of the FY 2007 salary adjustment.

$24,274

$24,274

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$119,416

$119,416

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$41,444

$41,444

2400

JOURNAL OF THE HOUSE

Adjust other funds schedules in various programs to match expenditures to activities.
Amount appropriated in this Act

$0 $33,139,326

($1) $69,771,604

27.4. Adult Addictive Disease Services

Purpose: To provide services to adults for the safe withdrawal from abused substances and promote a transition to productive living.

Total Funds

$74,556,995

Federal Funds and Grants

$26,315,437

Temporary Assistance for Needy Families Block Grant

$1

Prevention and Treatment of Substance Abuse Block Grant

$26,315,435

Federal Funds Not specifically Identified

$1

Other Funding Sources

$7

Agency Funds

$2

Other Funds Not Specifically Identified

$5

State Funds

$48,241,551

State General Funds

$48,241,551

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$44,076,101 $70,391,545

Annualize the cost of the FY 2007 salary adjustment.

$546,160

$546,160

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$2,686,834

$2,686,834

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$932,456

$932,456

Realign funds to reflect program restructuring for FY 2008 to allow for provision of services to Georgia citizens by combining programs and transferring funds from the Child and Adolescent Addictive Disease Services, Child and Adolescent Developmental Disabilities Services, Child and Adolescent Forensic Services, and the Child and Adolescent Mental Health Services programs into a new Child and Adolescent Services program and

$0

$0

FRIDAY, APRIL 13, 2007

2401

combining Adult Addictive Diseases Service, Adult Developmental Disabilities Services, Adult Forensic Services, Adult Mental Health Services, and the Adult Nursing Home Services program into a new Adult Services program.
Utilize existing funds to implement a secret shopper initiative to provide for increased customer service and accessibility.
Amount appropriated in this Act

$0

$0

$48,241,551 $74,556,995

27.5. Adult Developmental Disabilities Services

Purpose: To provide evaluation, residential, support, and education services to promote independence for adults with developmental disabilities.

Total Funds

$388,399,689

Federal Funds and Grants

$112,475,628

Temporary Assistance for Needy Families Block Grant

$23,016,394

Social Services Block Grant

$30,636,459

Medical Assistance Program

$34,322,146

TANF Block Grant Unobligated Balance

$2

Federal Funds Not specifically Identified

$24,500,627

Other Funding Sources

$53,767,742

Agency Funds

$53,767,735

Other Funds Not Specifically Identified

$7

State Funds

$222,156,319

Tobacco Funds

$10,255,138

State General Funds

$211,901,181

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$184,511,949 $330,416,562

Annualize the cost of the FY 2007 salary adjustment.

$1,483,980

$1,483,980

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$7,300,443

$7,300,443

Reflect an adjustment in Workers' Compensation premiums.

$3,933,202

$3,933,202

Provide for a general salary increase of 3% effective

$7,536,402

$7,536,402

2402

JOURNAL OF THE HOUSE

January 1, 2008 and provide for performance increases.
Realign funds to reflect program restructuring for FY 2008 to allow for provision of services to Georgia citizens by combining programs and transferring funds from the Child and Adolescent Addictive Disease Services, Child and Adolescent Developmental Disabilities Services, Child and Adolescent Forensic Services, and the Child and Adolescent Mental Health Services programs into a new Child and Adolescent Services program and combining Adult Addictive Diseases Service, Adult Developmental Disabilities Services, Adult Forensic Services, Adult Mental Health Services, and the Adult Nursing Home Services program into a new Adult Services program.
Annualize the cost of 1,500 waiver slots on the Mental Retardation/Developmental Disabilities waiting list.
Fund 1,330 waiver slots for consumers on the Mental Retardation/Developmental Disabilities Waiting List.
Adjust other funds schedules in various programs to match expenditures to activities.
Utilize existing funds to implement a secret shopper initiative to provide for increased customer service and accessibility.
Reduce TANF funds for behavioral health care expenditures due to declining caseloads.
Amount appropriated in this Act

$0
$7,896,183 $9,494,160
$0 $0 $0 $222,156,319

$0
$20,107,369 $21,621,732
($1) $0
($4,000,000) $388,399,689

27.6. Adult Essential Health Treatment Services

Purpose: To provide treatment and services to low income Georgians with cancer, Georgians at risk of stroke or heart attacks, and refugees.

Total Funds

$12,030,437

Federal Funds and Grants

$1,334,612

Medical Assistance Program

$1

Preventive Health and Health Services Block Grant

$1,210,877

Federal Funds Not specifically Identified

$123,734

FRIDAY, APRIL 13, 2007

2403

State Funds

$10,695,825

Tobacco Funds

$5,000,000

State General Funds

$5,695,825

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$9,968,502 $11,303,114

Annualize the cost of the FY 2007 salary adjustment.

$36,362

$36,362

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$178,882

$178,882

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$62,079

$62,079

Realign funds to reflect program restructuring for

$0

$0

FY 2008 to allow for provision of services to

Georgia citizens by transferring funds from

Adolescent and Adult Health Promotion, Infant and

Child Health Promotion, and Injury Prevention

programs to a new Prevention and Health Promotion

program.

Increase funding to purchase factor concentrate for people with hemophilia who lack Medicaid, Medicare or other health insurance.

$450,000

$450,000

Amount appropriated in this Act

$10,695,825 $12,030,437

27.7. Adult Forensic Services

Purpose: To provide evaluation, treatment and residential services to adult clients referred by Georgia's criminal justice or corrections system.

Total Funds

$39,448,293

Federal Funds and Grants

$1,115,408

Federal Funds Not specifically Identified

$1,115,408

Other Funding Sources

$4

Agency Funds

$1

Other Funds Not Specifically Identified

$3

State Funds

$38,332,881

State General Funds

$38,332,881

2404

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 (HB1027)

$25,870,841 $26,986,253

Annualize the cost of the FY 2007 salary adjustment.

$644,700

$644,700

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$3,171,604

$3,171,604

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$1,100,696

$1,100,696

Realign funds to reflect program restructuring for FY 2008 to allow for provision of services to Georgia citizens by combining programs and transferring funds from the Child and Adolescent Addictive Disease Services, Child and Adolescent Developmental Disabilities Services, Child and Adolescent Forensic Services, and the Child and Adolescent Mental Health Services programs into a new Child and Adolescent Services program and combining Adult Addictive Diseases Service, Adult Developmental Disabilities Services, Adult Forensic Services, Adult Mental Health Services, and the Adult Nursing Home Services program into a new Adult Services program.

$0

$0

Provide funds for 5 forensic evaluators.

$250,000

$250,000

Provide funds for 83 forensic secure beds at the state hospitals.

$7,200,000

$7,200,000

Provide funding to utilize telemedicine to assess forensic consumers.

$95,040

$95,040

Amount appropriated in this Act

$38,332,881 $39,448,293

27.8. Adult Mental Health Services

Purpose: To provide evaluation, treatment, crisis stabilization, and residential services to adults with mental illness.

Total Funds

$192,448,760

Federal Funds and Grants

$12,427,929

Medical Assistance Program

$709,000

FRIDAY, APRIL 13, 2007

2405

Community Mental Health Services Block Grant

$7,474,598

Federal Funds Not specifically Identified

$4,244,331

Other Funding Sources

$2,935,704

Agency Funds

$2,935,697

Other Funds Not Specifically Identified

$7

State Funds

$177,085,127

State General Funds

$177,085,127

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$162,284,971 $177,648,604

Annualize the cost of the FY 2007 salary adjustment.

$1,973,326

$1,973,326

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$9,707,779

$9,707,779

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$3,369,051

$3,369,051

Realign funds to reflect program restructuring for

$0

$0

FY 2008 to allow for provision of services to

Georgia citizens by combining programs and

transferring funds from the Child and Adolescent

Addictive Disease Services, Child and Adolescent

Developmental Disabilities Services, Child and

Adolescent Forensic Services, and the Child and

Adolescent Mental Health Services programs into a

new Child and Adolescent Services program and

combining Adult Addictive Diseases Service, Adult

Developmental Disabilities Services, Adult Forensic

Services, Adult Mental Health Services, and the

Adult Nursing Home Services program into a new

Adult Services program.

Utilize existing funds to implement a secret shopper initiative to provide for increased customer service and accessibility.

$0

$0

Delete one-time funding provided to support a building project for the Savannah Area Behavioral Health Collaborative.

($250,000)

($250,000)

2406

JOURNAL OF THE HOUSE

Amount appropriated in this Act

$177,085,127 $192,448,760

27.9. Adult Nursing Home Services

Purpose: To provide skilled nursing home services to Georgian's with mental retardation or developmental disabilities.

Total Funds

$3,914,246

Federal Funds and Grants

$14,553

Social Services Block Grant

$1

Medical Assistance Program

$1

Federal Funds Not specifically Identified

$14,551

Other Funding Sources

$1,547,242

Agency Funds

$1,547,240

Other Funds Not Specifically Identified

$2

State Funds

$2,352,451

State General Funds

$2,352,451

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$2,352,451

$3,914,246

Realign funds to reflect program restructuring for FY 2008 to allow for provision of services to Georgia citizens by combining programs and transferring funds from the Child and Adolescent Addictive Disease Services, Child and Adolescent Developmental Disabilities Services, Child and Adolescent Forensic Services, and the Child and Adolescent Mental Health Services programs into a new Child and Adolescent Services program and combining Adult Addictive Diseases Service, Adult Developmental Disabilities Services, Adult Forensic Services, Adult Mental Health Services, and the Adult Nursing Home Services program into a new Adult Services program.

$0

$0

Amount appropriated in this Act

$2,352,451

$3,914,246

27.10. After School Care
Purpose: To expand the provision of after school care services and draw down TANF maintenance of effort funds.

FRIDAY, APRIL 13, 2007

2407

Total Funds

$34,000,000

Federal Funds and Grants

$11,000,000

Temporary Assistance for Needy Families Block Grant

$11,000,000

Other Funding Sources

$20,000,000

Other Funds Not Specifically Identified

$20,000,000

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 (HB1027)

$3,000,000 $34,000,000

Realign funds to reflect the program restructuring for FY 2008 to allow for provision of services to Georgia citizens by transferring funds from After School Care, Child Care Services, Food Stamp Eligibility and Benefits, Eligibility Determination, Support for Needy Families - Basic Assistance, and the Support for Needy Families - Work Assistance program to a new Economic Assistance program.

$0

$0

Amount appropriated in this Act

$3,000,000 $34,000,000

27.11. Child and Adolescent Addictive Disease Services

Purpose: To provide services to children and adolescents for the safe withdrawal from abused substances and promote a transition to productive living.

Total Funds

$27,810,273

Federal Funds and Grants

$16,939,372

Temporary Assistance for Needy Families Block Grant

$1

Prevention and Treatment of Substance Abuse Block Grant

$14,452,912

Federal Funds Not specifically Identified

$2,486,459

Other Funding Sources

$3

Agency Funds

$1

Other Funds Not Specifically Identified

$2

State Funds

$10,870,898

State General Funds

$10,870,898

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

2408

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB1027)
Annualize the cost of the FY 2007 salary adjustment.
Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Realign funds to reflect program restructuring for FY 2008 to allow for provision of services to Georgia citizens by combining programs and transferring funds from the Child and Adolescent Addictive Disease Services, Child and Adolescent Developmental Disabilities Services, Child and Adolescent Forensic Services, and the Child and Adolescent Mental Health Services programs into a new Child and Adolescent Services program and combining Adult Addictive Diseases Service, Adult Developmental Disabilities Services, Adult Forensic Services, Adult Mental Health Services, and the Adult Nursing Home Services program into a new Adult Services program.
Utilize existing funds to implement a secret shopper initiative to provide for increased customer service and accessibility.
Amount appropriated in this Act

State Funds $9,610,739
$165,228 $812,839 $282,092
$0
$0 $10,870,898

Total Funds $26,550,114
$165,228 $812,839 $282,092
$0
$0 $27,810,273

27.12. Child and Adolescent Developmental Disabilities Services

Purpose: To provide evaluation, residential, support, and education services to promote independence for children and adolescents with developmental disabilities.

Total Funds

$30,131,419

Federal Funds and Grants

$11,982,904

Temporary Assistance for Needy Families Block Grant

$487,988

Social Services Block Grant

$1

Medical Assistance Program

$6,509,866

TANF Block Grant Unobligated Balance

$1

Federal Funds Not specifically Identified

$4,985,048

FRIDAY, APRIL 13, 2007

2409

Other Funding Sources

$4

Agency Funds

$1

Other Funds Not Specifically Identified

$3

State Funds

$18,148,511

State General Funds

$18,148,511

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$12,473,193 $22,471,055

Annualize the cost of the FY 2007 salary adjustment.

$141,624

$141,624

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$696,719

$696,719

Reflect an adjustment in Workers' Compensation premiums.

$983,304

$983,304

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$241,794

$241,794

Realign funds to reflect program restructuring for

$0

$0

FY 2008 to allow for provision of services to

Georgia citizens by combining programs and

transferring funds from the Child and Adolescent

Addictive Disease Services, Child and Adolescent

Developmental Disabilities Services, Child and

Adolescent Forensic Services, and the Child and

Adolescent Mental Health Services programs into a

new Child and Adolescent Services program and

combining Adult Addictive Diseases Service, Adult

Developmental Disabilities Services, Adult Forensic

Services, Adult Mental Health Services, and the

Adult Nursing Home Services program into a new

Adult Services program.

Annualize the cost of 1,500 waiver slots on the Mental Retardation/Developmental Disabilities waiting list.

$1,617,290

$4,118,376

Fund 1,330 waiver slots for consumers on the Mental Retardation/Developmental Disabilities Waiting List.

$1,944,587

$4,428,547

Utilize existing funds to implement a secret shopper

$0

$0

2410

JOURNAL OF THE HOUSE

initiative to provide for increased customer service and accessibility.
Reduce TANF funds in adolescent mental health services due to declining caseloads.
Provide additional funding for the Matthew Reardon Center to serve children with disabilities.
Amount appropriated in this Act

$0 ($3,000,000)

$50,000

$50,000

$18,148,511 $30,131,419

27.13. Child and Adolescent Forensic Services

Purpose: To provide evaluation, treatment and residential services to children and adolescents clients referred by Georgia's criminal justice or corrections system.

Total Funds

$4,263,135

Federal Funds and Grants

$276,007

Medical Assistance Program

$276,001

Federal Funds Not specifically Identified

$6

Other Funding Sources

$6

Agency Funds

$2

Other Funds Not Specifically Identified

$4

State Funds

$3,049,535

State General Funds

$3,049,535

Intra-State Government Transfers

$937,587

Other Intra-State Government Payments

$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 (HB1027)

$2,869,514

$4,083,114

Annualize the cost of the FY 2007 salary adjustment.

$23,604

$23,604

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$116,119

$116,119

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$40,298

$40,298

Realign funds to reflect program restructuring for FY 2008 to allow for provision of services to Georgia citizens by combining programs and transferring funds from the Child and Adolescent

$0

$0

FRIDAY, APRIL 13, 2007

2411

Addictive Disease Services, Child and Adolescent Developmental Disabilities Services, Child and Adolescent Forensic Services, and the Child and Adolescent Mental Health Services programs into a new Child and Adolescent Services program and combining Adult Addictive Diseases Service, Adult Developmental Disabilities Services, Adult Forensic Services, Adult Mental Health Services, and the Adult Nursing Home Services program into a new Adult Services program.
Amount appropriated in this Act

$3,049,535

$4,263,135

27.14. Child and Adolescent Mental Health Services

Purpose: To provide evaluation, treatment, crisis stabilization, and residential services to children and adolescents with mental illness.

Total Funds

$161,448,630

Federal Funds and Grants

$56,415,401

Medical Assistance Program

$3,106

Community Mental Health Services Block Grant

$5,365,824

Federal Funds Not specifically Identified

$51,046,471

Other Funding Sources

$11

Agency Funds

$1

Other Funds Not Specifically Identified

$10

State Funds

$105,033,218

State General Funds

$105,033,218

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$68,528,745 $73,897,697

Annualize the cost of the FY 2007 salary adjustment.

$456,346

$456,346

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$2,244,994

$2,244,994

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$779,116

$779,116

Realign funds to reflect program restructuring for

$0

$0

2412

JOURNAL OF THE HOUSE

FY 2008 to allow for provision of services to Georgia citizens by combining programs and transferring funds from the Child and Adolescent Addictive Disease Services, Child and Adolescent Developmental Disabilities Services, Child and Adolescent Forensic Services, and the Child and Adolescent Mental Health Services programs into a new Child and Adolescent Services program and combining Adult Addictive Diseases Service, Adult Developmental Disabilities Services, Adult Forensic Services, Adult Mental Health Services, and the Adult Nursing Home Services program into a new Adult Services program.
Transfer funds for treatment of child and adolescent therapeutic services from the Out of Home Care program (Total Funds: $84,070,477).
Amount appropriated in this Act

$33,024,017 $105,033,218

$84,070,477 $161,448,630

27.15. Child Care Services

Purpose: Guide and assist child care learning facilities to promote safe, healthy, quality child care so that children experience optimum opportunities for learning and growth.

Total Funds

$240,415,753

Federal Funds and Grants

$182,018,410

Temporary Assistance for Needy Families Block Grant

$7,000,001

Social Services Block Grant

$90

Child Care and Development Block Grant

$54,619,903

Federal Funds Not specifically Identified

$120,398,416

Other Funding Sources

$1

Other Funds Not Specifically Identified

$1

State Funds

$58,397,342

State General Funds

$58,397,342

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$57,805,665 $232,824,076

Annualize the cost of the FY 2007 salary adjustment.

$77,579

$77,579

Reflect an adjustment in the employer share of the

$381,649

$381,649

FRIDAY, APRIL 13, 2007

2413

State Health Benefit Plan premiums from 16.713% to 22.843%.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Realign funds to reflect the program restructuring for FY 2008 to allow for provision of services to Georgia citizens by transferring funds from After School Care, Child Care Services, Food Stamp Eligibility and Benefits, Eligibility Determination, Support for Needy Families - Basic Assistance, and the Support for Needy Families - Work Assistance program to a new Economic Assistance program.
Transfer TANF funds to increase services in Child Care due to the backlog of clients on the inquiry list for services.
Amount appropriated in this Act

$132,449 $0

$132,449 $0

$0

$7,000,000

$58,397,342 $240,415,753

27.16. Child Support Services

Purpose: Encourage and enforce the parental responsibility of paying financial support.

Total Funds

$72,898,046

Federal Funds and Grants

$51,081,316

Social Services Block Grant

$120,000

Federal Funds Not specifically Identified

$50,961,316

Other Funding Sources

$300,000

Agency Funds

$300,000

State Funds

$21,516,730

State General Funds

$21,516,730

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$16,121,500 $67,502,816

Annualize the cost of the FY 2007 salary adjustment.

$149,044

$149,044

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$733,223

$733,223

2414

JOURNAL OF THE HOUSE

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Provide state funds to replace previously earned incentive funds for provision of child support enforcement activities in the Child Support Services program.
Amount appropriated in this Act

$254,463

$254,463

$4,258,500

$4,258,500

$21,516,730 $72,898,046

27.17. Child Welfare Services

Purpose: Investigate allegations of child abuse and neglect, assess family functioning, provide in-home support, counseling and treatment services, and to provide intervention services.

Total Funds

$250,903,069

Federal Funds and Grants

$156,183,521

Temporary Assistance for Needy Families Block Grant

$72,763,725

Social Services Block Grant

$8,264,167

Foster Care Title IV-E

$18,926,050

Medical Assistance Program

$331,449

Federal Funds Not specifically Identified

$55,898,130

Other Funding Sources

$13,490,607

Agency Funds

$13,490,604

Other Funds Not Specifically Identified

$3

State Funds

$81,228,941

State General Funds

$81,228,941

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$63,769,691 $254,327,694

Annualize the cost of the FY 2007 salary adjustment.

$244,398

$244,398

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$1,202,317

$1,202,317

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$417,260

$417,260

Provide state funds to replace previously earned

$13,883,875

$0

FRIDAY, APRIL 13, 2007

2415

targeted case management funds for case managers to effectively manage child welfare caseloads.
Eliminate TANF funds for one-time staff salary bonuses ($2,000,000) and to reflect a reduction in the number of foster care intake psychological assessments ($5,000,000).
Provide additional funding to Court Appointed Special Advocate, CASA, to increase the number of children served throughout Georgia.
Provide an increase in the initial clothing allowance for children in foster care, ages 12 and under from $150 to $200 per child ($473,500) and provide an increase in the annual clothing allowance for children in foster care from $200 per year, per child to $300 per year, per child, ($1,029,100).
Amount appropriated in this Act

$0 ($7,000,000)

$225,000

$225,000

$1,486,400

$1,486,400

$81,228,941 $250,903,069

27.18. Direct Care Support Services

Purpose: Provide facility support services and direct patient support therapies.

Total Funds

$161,307,179

Federal Funds and Grants

$6,120,306

Child Care and Development Block Grant

$1

Maternal and Child Health Services Block Grant

$1

Medical Assistance Program

$1

Preventive Health and Health Services Block Grant

$1

Federal Funds Not specifically Identified

$6,120,302

Other Funding Sources

$42,343,799

Agency Funds

$42,343,798

Other Funds Not Specifically Identified

$1

State Funds

$107,750,120

State General Funds

$107,750,120

Intra-State Government Transfers

$5,092,954

Other Intra-State Government Payments

$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 (HB1027)

$97,707,457 $151,264,516

Annualize the cost of the FY 2007 salary

$1,058,460

$1,058,460

2416

JOURNAL OF THE HOUSE

adjustment.
Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Provide funds to renovate a building, replace chillers and pumps, upgrade the Heating Ventilation and Air Conditioning system, and increase propane tank storage capacity at Northwest Regional Hospital and replace chillers and valves at East Central Regional Hospital.
Amount appropriated in this Act

$5,207,096 $1,807,107 $1,970,000
$107,750,120

$5,207,096 $1,807,107 $1,970,000
$161,307,179

27.19. Elder Abuse Investigations and Prevention

Purpose: Prevent disabled adults and elder abuse, exploitation and neglect, and investigate situations where such events might have occurred.

Total Funds

$17,224,542

Federal Funds and Grants

$7,024,297

Social Services Block Grant

$2,279,539

Medical Assistance Program

$4,178,063

Federal Funds Not specifically Identified

$566,695

State Funds

$10,200,245

State General Funds

$10,200,245

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$9,475,604 $16,499,901

Annualize the cost of the FY 2007 salary adjustment.

$95,012

$95,012

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$467,413

$467,413

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$162,216

$162,216

Amount appropriated in this Act

$10,200,245 $17,224,542

FRIDAY, APRIL 13, 2007

2417

27.20. Elder Community Living Services

Purpose: Provide Georgians who need nursing home level of care the option of remaining in their own communities.

Total Funds

$115,355,375

Federal Funds and Grants

$37,154,321

Social Services Block Grant

$3,761,430

Medical Assistance Program

$13,563,598

Federal Funds Not specifically Identified

$19,829,293

State Funds

$78,201,054

Tobacco Funds

$3,664,733

State General Funds

$74,536,321

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$73,397,916 $107,582,037

Annualize the cost of the FY 2007 salary adjustment.

$7,314

$7,314

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$35,982

$35,982

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$12,488

$12,488

Replace tobacco funds with state funds in the Elder Community Living Services program.

$0

$0

Reflect savings of renegotiated contracts.

($32,446)

($32,446)

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 in the Elder Community Living Services program (Total Funds: $5,050,000).

$2,079,800

$5,050,000

Provide funds for an additional 1,000 slots in the non-Medicaid Home and Community Based Services Program for elderly clients to provide respite services that will enable them to continue to live at home.

$2,700,000

$2,700,000

Amount appropriated in this Act

$78,201,054 $115,355,375

2418

JOURNAL OF THE HOUSE

27.21. Elder Support Services

Purpose: Assist older Georgians by providing health, employment, nutrition, and other support and education services so that they may live in their homes and communities.

Total Funds

$9,052,928

Federal Funds and Grants

$5,470,220

Federal Funds Not specifically Identified

$5,470,220

State Funds

$3,582,708

Tobacco Funds

$2,527,073

State General Funds

$1,055,635

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$3,403,168

$8,873,388

Annualize the cost of the FY 2007 salary adjustment.

$595

$595

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$2,928

$2,928

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$1,017

$1,017

Delete one-time funding for the Ruth Byck Adult Day Care Center in Savannah.

($50,000)

($50,000)

Provide additional funding for Naturally Occurring Retirement Communities, (NORC).

$225,000

$225,000

Amount appropriated in this Act

$3,582,708

$9,052,928

27.22. Eligibility Determination

Purpose: To promote access to health care for low income families, children, pregnant women and persons who are aged, blind or disabled.

Total Funds

$51,319,956

Federal Funds and Grants

$24,377,800

Medical Assistance Program

$24,377,800

Other Funding Sources

$1

Other Funds Not Specifically Identified

$1

State Funds

$26,942,155

State General Funds

$26,942,155

FRIDAY, APRIL 13, 2007

2419

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$25,928,044 $50,305,845

Annualize the cost of the FY 2007 salary adjustment.

$132,967

$132,967

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$654,131

$654,131

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$227,013

$227,013

Realign funds to reflect the program restructuring for FY 2008 to allow for provision of services to Georgia citizens by transferring funds from After School Care, Child Care Services, Food Stamp Eligibility and Benefits, Eligibility Determination, Support for Needy Families - Basic Assistance, and the Support for Needy Families - Work Assistance program to a new Economic Assistance program.

$0

$0

Amount appropriated in this Act

$26,942,155 $51,319,956

27.23. Emergency Preparedness/Trauma System Improvement

Purpose: Prepare for natural disasters, bioterrorism, and other emergencies, as well as improving the capacity of the state's trauma system.

Total Funds

$7,481,393

Federal Funds and Grants

$1,147,511

Preventive Health and Health Services Block Grant

$1,147,504

Federal Funds Not specifically Identified

$7

State Funds

$6,333,882

State General Funds

$6,333,882

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$5,893,761

$7,041,272

Annualize the cost of the FY 2007 salary adjustment.

$19,902

$19,902

Reflect an adjustment in the employer share of the

$97,908

$97,908

2420

JOURNAL OF THE HOUSE

State Health Benefit Plan premiums from 16.713% to 22.843%.
Reflect an adjustment in Workers' Compensation premiums.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Provide funding for the storage and distribution of antiviral medication for the treatment of a pandemic flu.
Amount appropriated in this Act

$38,330 $33,981

$38,330 $33,981

$250,000

$250,000

$6,333,882

$7,481,393

27.25. Energy Assistance

Purpose: To assist low-income households in meeting their immediate home energy needs.

Total Funds

$18,623,684

Federal Funds and Grants

$18,623,684

Low-Income Home Energy Assistance

$18,623,684

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$0 $18,623,687

Adjust other funds schedules in various programs to match expenditures to activities.

$0

($3)

Realign funds to reflect the program restructuring for FY 2008 to allow for provision of services to Georgia citizens by transferring funds from After School Care, Child Care Services, Food Stamp Eligibility and Benefits, Eligibility Determination, Support for Needy Families - Basic Assistance, and the Support for Needy Families - Work Assistance program to a new Economic Assistance program.

$0

$0

Amount appropriated in this Act

$0 $18,623,684

27.26. Epidemiology

Purpose: Monitor, investigate, and respond to disease, injury, and other events of public health concern.

Total Funds

$6,388,636

FRIDAY, APRIL 13, 2007

2421

Federal Funds and Grants

$372,351

Medical Assistance Program

$159,960

Preventive Health and Health Services Block Grant

$196,750

Federal Funds Not specifically Identified

$15,641

State Funds

$6,016,285

Tobacco Funds

$115,637

State General Funds

$5,900,648

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$5,237,237

$5,609,595

Annualize the cost of the FY 2007 salary adjustment.

$60,031

$60,031

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$295,323

$295,323

Reflect an adjustment in Workers' Compensation premiums.

$21,203

$21,203

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$102,491

$102,491

Adjust other funds schedules in various programs to match expenditures to activities.

$0

($7)

Provide funding for a specially equipped bus to perform sickle cell anemia testing throughout the state of Georgia.

$300,000

$300,000

Amount appropriated in this Act

$6,016,285

$6,388,636

27.27. Facility and Provider Regulation

Purpose: Inspect and license foster care residential facilities, child placing agencies, long term care and health care facilities.

Total Funds

$14,622,861

Federal Funds and Grants

$6,632,801

Medical Assistance Program

$2,242,375

Federal Funds Not specifically Identified

$4,390,426

State Funds

$7,990,060

State General Funds

$7,990,060

2422

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 (HB1027)

$7,460,083 $14,092,884

Annualize the cost of the FY 2007 salary adjustment.

$41,626

$41,626

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$204,781

$204,781

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$71,070

$71,070

Provide continuation funding for Adult Day Services licensure as provided for in House Bill 318 (2003 Session).

$212,500

$212,500

Amount appropriated in this Act

$7,990,060 $14,622,861

27.28. Family Violence Services

Purpose: Provide safe shelter and related services for victims of family violence.

Total Funds

$10,101,380

Federal Funds and Grants

$5,349,430

Temporary Assistance for Needy Families Block Grant

$5,065,244

Federal Funds Not specifically Identified

$284,186

State Funds

$4,751,950

State General Funds

$4,751,950

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$4,651,950 $10,001,380

Provide funds for the Fayette County Council on Domestic Violence d/b/a Promise Place for a shelter.

$100,000

$100,000

Amount appropriated in this Act

$4,751,950 $10,101,380

27.29. Federal and Unobligated Balances Purpose: Reflect balances of federal funds from prior years.
Total Funds Federal Funds and Grants

$129,999,509 $129,999,509

FRIDAY, APRIL 13, 2007

2423

Temporary Assistance for Needy Families Block Grant

($100,000)

TANF Block Grant Unobligated Balance

$109,507,906

Federal Funds Not specifically Identified

$20,591,603

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$0 $131,448,509

Transfer $1,349,000 in unobligated TANF funds and redirect $1,300,000 in federal funds to the Economic Assistance program.

$0 ($1,349,000)

Utilize $100,000 in existing TANF funds for the Special Housing Initiatives program,(State Housing Trust Fund subprogram)for grants to organizations, non-profits, collaboratives or housing authorities to provide programs for the preservation of healthy marriages among low-income individuals.

$0

($100,000)

Amount appropriated in this Act

$0 $129,999,509

27.30. Food Stamp Eligibility & Benefits

Purpose: To promote the nutritional well being of Georgia's low-income families and children by providing assistance in purchasing groceries.

Total Funds

$55,237,896

Federal Funds and Grants

$29,693,546

Federal Funds Not specifically Identified

$29,693,546

Other Funding Sources

$1

Other Funds Not Specifically Identified

$1

State Funds

$25,544,349

State General Funds

$25,544,349

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$23,938,726 $53,632,273

Annualize the cost of the FY 2007 salary adjustment.

$210,524

$210,524

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$1,035,673

$1,035,673

Provide for a general salary increase of 3% effective

$359,426

$359,426

2424

JOURNAL OF THE HOUSE

January 1, 2008 and provide for performance increases.
Realign funds to reflect the program restructuring for FY 2008 to allow for provision of services to Georgia citizens by transferring funds from After School Care, Child Care Services, Food Stamp Eligibility and Benefits, Eligibility Determination, Support for Needy Families - Basic Assistance, and the Support for Needy Families - Work Assistance program to a new Economic Assistance program.
Amount appropriated in this Act

$0

$0

$25,544,349 $55,237,896

27.31. Immunization

Purpose: Provide immunization, consultation, training, assessment, vaccines, and technical assistance.

Total Funds

$20,523,927

Federal Funds and Grants

$8,817,897

Maternal and Child Health Services Block Grant

$6,762,746

Medical Assistance Program

$1

Preventive Health and Health Services Block Grant

$703,712

Federal Funds Not specifically Identified

$1,351,438

State Funds

$11,706,030

State General Funds

$11,706,030

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$9,213,104 $18,031,002

Annualize the cost of the FY 2007 salary adjustment.

$99,147

$99,147

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$487,754

$487,754

Reflect an adjustment in Workers' Compensation premiums.

$236,751

$236,751

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$169,274

$169,274

Adjust other funds schedules in various programs to

$0

($1)

FRIDAY, APRIL 13, 2007

2425

match expenditures to activities.
Redirect $1,500,000 state funds from the Prevention and Health Promotion program to the Immunization program to fund vaccines for underinsured children.
Provide funding for Human Papillomavirus vaccines for the Immunization program.
Amount appropriated in this Act

$1,500,000
$0 $11,706,030

$1,500,000
$0 $20,523,927

27.32. Infant and Child Essential Health Treatment Services

Purpose: To avoid unnecessary health problems in later life by providing comprehensive health services to infant and children.

Total Funds

$49,904,518

Federal Funds and Grants

$11,496,480

Maternal and Child Health Services Block Grant

$7,960,921

Medical Assistance Program

$354,742

Preventive Health and Health Services Block Grant

$267,356

Federal Funds Not specifically Identified

$2,913,461

State Funds

$38,408,038

State General Funds

$38,408,038

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$36,570,204 $48,066,684

Annualize the cost of the FY 2007 salary adjustment.

$219,687

$219,687

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$1,080,748

$1,080,748

Reflect an adjustment in Workers' Compensation premiums.

$225,059

$225,059

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$375,065

$375,065

Realign funds to reflect program restructuring for FY 2008 to allow for provision of services to Georgia citizens by transferring funds from Adolescent and Adult Health Promotion, Infant and Child Health Promotion, and Injury Prevention

$0

$0

2426

JOURNAL OF THE HOUSE

programs to a new Prevention and Health Promotion program. Reflect savings of renegotiated contracts. Amount appropriated in this Act

($62,725) $38,408,038

($62,725) $49,904,518

27.33. Infant and Child Health Promotion

Purpose: To provide education and services to promote health and nutrition for infants and children.

Total Funds

$110,768,275

Federal Funds and Grants

$92,696,153

Maternal and Child Health Services Block Grant

$1,258,688

Medical Assistance Program

$5,929,362

Preventive Health and Health Services Block Grant

$156,221

Federal Funds Not specifically Identified

$85,351,882

Other Funding Sources

$2,281,920

Agency Funds

$2,281,919

Other Funds Not Specifically Identified

$1

State Funds

$15,790,202

State General Funds

$15,790,202

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$15,738,490 $110,716,563

Annualize the cost of the FY 2007 salary adjustment.

$92,529

$92,529

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$455,196

$455,196

Reflect an adjustment in Workers' Compensation premiums.

$846,014

$846,014

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$157,973

$157,973

Realign funds to reflect program restructuring for FY 2008 to allow for provision of services to Georgia citizens by transferring funds from Adolescent and Adult Health Promotion, Infant and Child Health Promotion, and Injury Prevention

$0

$0

FRIDAY, APRIL 13, 2007

2427

programs to a new Prevention and Health Promotion program.
Redirect $1,500,000 in state funds to the Immunization program to fund vaccines for underinsured children.
Amount appropriated in this Act

($1,500,000) ($1,500,000) $15,790,202 $110,768,275

27.34. Infectious Disease Control

Purpose: Ensure quality prevention and treatment of HIV/AIDS, sexually transmitted diseases, tuberculosis, and other infectious diseases.

Total Funds

$50,353,891

Federal Funds and Grants

$11,144,644

Maternal and Child Health Services Block Grant

$83,866

Medical Assistance Program

$4

Federal Funds Not specifically Identified

$11,060,774

Other Funding Sources

$150,000

Other Funds Not Specifically Identified

$150,000

State Funds

$39,059,247

State General Funds

$39,059,247

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$35,337,965 $46,632,609

Annualize the cost of the FY 2007 salary adjustment.

$417,524

$417,524

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$2,054,011

$2,054,011

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$712,840

$712,840

Annualize the cost of operating the Public Health Laboratory in Waycross.

$536,907

$536,907

Amount appropriated in this Act

$39,059,247 $50,353,891

27.35. Injury Prevention
Purpose: To provide education and services to prevent injuries due to suicide, fires, automobile accidents, violence against women, shaken babies, and child accidents.

2428

JOURNAL OF THE HOUSE

Total Funds

$1,179,714

Federal Funds and Grants

$112,013

Medical Assistance Program

$1

Preventive Health and Health Services Block Grant

$112,005

Federal Funds Not specifically Identified

$7

State Funds

$1,067,701

State General Funds

$1,067,701

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$934,622

$1,046,635

Annualize the cost of the FY 2007 salary adjustment.

$17,449

$17,449

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$85,840

$85,840

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$29,790

$29,790

Realign funds to reflect program restructuring for FY 2008 to allow for provision of services to Georgia citizens by transferring funds from Adolescent and Adult Health Promotion, Infant and Child Health Promotion, and Injury Prevention programs to a new Prevention and Health Promotion program.

$0

$0

Amount appropriated in this Act

$1,067,701

$1,179,714

27.36. Inspections and Environmental Hazard Control

Purpose: Detect and prevent environmental hazards, as well as providing inspection and enforcement of health regulations for food service establishments, sewage management facilities, and swimming pools.

Total Funds

$15,561,275

Federal Funds and Grants

$543,737

Maternal and Child Health Services Block Grant

$194,703

Medical Assistance Program

$12,258

Preventive Health and Health Services Block Grant

$336,772

Federal Funds Not specifically Identified

$4

FRIDAY, APRIL 13, 2007

2429

State Funds

$15,017,538

State General Funds

$15,017,538

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$14,471,588 $15,015,326

Annualize the cost of the FY 2007 salary adjustment.

$53,926

$53,926

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$265,289

$265,289

Reflect an adjustment in Workers' Compensation premiums.

$134,667

$134,667

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$92,068

$92,068

Adjust other funds schedules in various programs to match expenditures to activities.

$0

($1)

Amount appropriated in this Act

$15,017,538 $15,561,275

27.37. Out-of-Home Care

Purpose: Provide safe and appropriate temporary homes for children removed from their families due to neglect, abuse, or abandonment.

Total Funds

$213,532,726

Federal Funds and Grants

$83,171,341

Temporary Assistance for Needy Families Block Grant

$20,903,413

Foster Care Title IV-E

$17,714,854

Federal Funds Not specifically Identified

$44,553,074

Other Funding Sources

$15,372,629

Agency Funds

$15,372,629

State Funds

$114,988,756

State General Funds

$114,988,756

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$148,012,773 $305,403,203

Transfer $1,349,000 in unobligated TANF funds and

$0 ($1,300,000)

2430

JOURNAL OF THE HOUSE

redirect $1,300,000 in federal funds to the Economic Assistance program.
Transfer funds for treatment of child and adolescent therapeutic services from the Out of Home Care program to the Child and Adolescent Services program (Total Funds: $84,070,477).
To realign $131,756,595 from the Level of Care subprogram to the new Purchased Out of Home Care subprogram within the Out of Home Care program.
Reduce TANF funds in the state institutional foster care system.
Amount appropriated in this Act

($109,416,097) $76,392,080 $0 $114,988,756

($215,827,072) $131,756,595 ($6,500,000) $213,532,726

27.38. Refugee Assistance

Purpose: To provide employment, health screening, medical, cash, and social services assistance to refugees.

Total Funds

$3,184,010

Federal Funds and Grants

$3,184,010

Federal Funds Not specifically Identified

$3,184,010

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$0

$3,184,010

Realign funds to reflect the program restructuring for FY 2008 to allow for provision of services to Georgia citizens by transferring funds from After School Care, Child Care Services, Food Stamp Eligibility and Benefits, Eligibility Determination, Support for Needy Families - Basic Assistance, and the Support for Needy Families - Work Assistance program to a new Economic Assistance program.

$0

$0

Amount appropriated in this Act

$0

$3,184,010

27.39. Substance Abuse Prevention Services

Purpose: 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

$11,640,499

Federal Funds and Grants

$10,512,486

FRIDAY, APRIL 13, 2007

2431

Prevention and Treatment of Substance Abuse Block Grant

$10,192,088

Federal Funds Not specifically Identified

$320,398

Other Funding Sources

$4

Other Funds Not Specifically Identified

$4

State Funds

$1,128,009

State General Funds

$1,128,009

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$758,691 $11,271,181

Annualize the cost of the FY 2007 salary adjustment.

$48,424

$48,424

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$238,221

$238,221

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$82,673

$82,673

Transfer funds for prevention activities from the Substance Abuse Prevention program to a new Prevention and Health Promotion program (Total Funds: $11,271,181)

$0

$0

Amount appropriated in this Act

$1,128,009 $11,640,499

27.40. Support for Needy Families - Basic Assistance

Purpose: 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

$87,868,339

Federal Funds and Grants

$73,468,339

Temporary Assistance for Needy Families Block Grant

$43,530,375

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 (HB1027)

$14,400,000 $99,968,339

2432

JOURNAL OF THE HOUSE

Realign funds to reflect the program restructuring for FY 2008 to allow for provision of services to Georgia citizens by transferring funds from After School Care, Child Care Services, Food Stamp Eligibility and Benefits, Eligibility Determination, Support for Needy Families - Basic Assistance, and the Support for Needy Families - Work Assistance program to a new Economic Assistance program.
Reduce TANF funds for direct cash assistance payments due to declining caseloads.
Amount appropriated in this Act

$0

$0

$0 ($12,100,000) $14,400,000 $87,868,339

27.41. Support for Needy Families - Family Assistance

Purpose: 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

$85,945,703

Federal Funds and Grants

$66,575,846

Temporary Assistance for Needy Families Block Grant

$24,877,127

Medical Assistance Program

$9,905,211

Community Services Block Grant

$17,185,183

TANF Block Grant Unobligated Balance

$2,649,000

Federal Funds Not specifically Identified

$11,959,325

State Funds

$19,369,857

State General Funds

$19,369,857

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$17,902,053 $82,028,899

Annualize the cost of the FY 2007 salary adjustment.

$187,489

$187,489

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$922,352

$922,352

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$320,099

$320,099

Transfer $1,349,000 in unobligated TANF funds and redirect $1,300,000 in federal funds to the Economic

$0

$2,649,000

FRIDAY, APRIL 13, 2007

2433

Assistance program.
Realign funds to reflect the program restructuring for FY 2008 to allow for provision of services to Georgia citizens by transferring funds from After School Care, Child Care Services, Food Stamp Eligibility and Benefits, Eligibility Determination, Support for Needy Families - Basic Assistance, and the Support for Needy Families - Work Assistance program to a new Economic Assistance program.
Reflect savings of renegotiated contracts.
Delete one-time funding for the relocation of various county Department of Family and Children Services (DFCS) offices.
Provide funding for DFCS office expansions, renovations, or relocations in the following counties: Oconee ($50,000), Walton ($120,000) and Carroll ($245,000).
Amount appropriated in this Act

$0
($177,136) ($200,000)
$415,000 $19,369,857

$0
($177,136) ($400,000)
$415,000 $85,945,703

27.42. Support for Needy Families - Work Assistance

Purpose: 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

$55,187,281

Federal Funds and Grants

$29,187,281

Temporary Assistance for Needy Families Block Grant

$29,187,279

Medical Assistance Program

$1

Federal Funds Not specifically Identified

$1

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 (HB1027)

$26,000,000 $57,687,281

Realign funds to reflect the program restructuring for FY 2008 to allow for provision of services to Georgia citizens by transferring funds from After School Care, Child Care Services, Food Stamp Eligibility and Benefits, Eligibility Determination,

$0

$0

2434

JOURNAL OF THE HOUSE

Support for Needy Families - Basic Assistance, and the Support for Needy Families - Work Assistance program to a new Economic Assistance program.
Reduce TANF funds for work assistance grants due to declining caseloads.
Reduce TANF funding for contract activities within the Department of Technical and Adult Education due to declining caseloads.
Amount appropriated in this Act

$0 ($1,500,000) $0 ($1,000,000)
$26,000,000 $55,187,281

27.43. Vital Records

Purpose: Register, enter, archive and provide vital records and associated documents to the public in a timely manner.

Total Funds

$3,177,659

Federal Funds and Grants

$360,702

Federal Funds Not specifically Identified

$360,702

Other Funding Sources

$2

Other Funds Not Specifically Identified

$2

State Funds

$2,816,955

State General Funds

$2,816,955

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$2,226,143

$2,586,847

Annualize the cost of the FY 2007 salary adjustment.

$77,465

$77,465

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$381,090

$381,090

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$132,257

$132,257

Adjust other funds schedules in various programs to match expenditures to activities.

$0

$0

Amount appropriated in this Act

$2,816,955

$3,177,659

27.44. Assistance to Disabled Children Purpose: To provide for reimbursements for health care services delivered after April

FRIDAY, APRIL 13, 2007

2435

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.

27.45. Adult Services

Purpose: Provide an array of services that promotes recovery for adults with mental illness/addictive diseases and independence for adults with development disabilities.

Total Funds

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$0

$0

Annualize the cost of the FY 2007 salary adjustment.

$0

$0

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$0

$0

Reflect an adjustment in Workers' Compensation premiums.

$0

$0

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$0

$0

Realign funds to reflect program restructuring for

$0

$0

FY 2008 to allow for provision of services to

Georgia citizens by combining programs and

transferring funds from the Child and Adolescent

Addictive Disease Services, Child and Adolescent

Developmental Disabilities Services, Child and

Adolescent Forensic Services, and the Child and

Adolescent Mental Health Services programs into a

new Child and Adolescent Services program and

combining Adult Addictive Diseases Service, Adult

Developmental Disabilities Services, Adult Forensic

Services, Adult Mental Health Services, and the

Adult Nursing Home Services program into a new

Adult Services program.

Annualize the cost of 1,500 waiver slots on the Mental Retardation/Developmental Disabilities waiting list.

$0

$0

Fund 1,330 waiver slots for consumers on the

$0

$0

2436

JOURNAL OF THE HOUSE

Mental Retardation/Developmental Disabilities Waiting List.

Provide funding to utilize telemedicine to assess forensic consumers.

$0

$0

Delete one-time funding provided to support a building project for the Savannah Area Behavioral Health Collaborative.

$0

$0

Provide funds for 5 forensic evaluators in the Adult Services program.

$0

$0

Provide funds for 83 forensic secure beds at the state

$0

$0

hospitals in the Adult Services program.

Amount appropriated in this Act

$0

$0

27.46. Child and Adolescent Services

Purpose: Provide an array of services that promotes recovery for children and adolescents with emotional disturbances/addictive diseases and independence for children and adolescents with development disabilities.

Total Funds

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$0

$0

Annualize the cost of the FY 2007 salary adjustment.

$0

$0

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$0

$0

Reflect an adjustment in Workers' Compensation premiums.

$0

$0

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$0

$0

Realign funds to reflect program restructuring for FY 2008 to allow for provision of services to Georgia citizens by combining programs and transferring funds from the Child and Adolescent Addictive Disease Services, Child and Adolescent Developmental Disabilities Services, Child and Adolescent Forensic Services, and the Child and

$0

$0

FRIDAY, APRIL 13, 2007

2437

Adolescent Mental Health Services programs into a new Child and Adolescent Services program and combining Adult Addictive Diseases Service, Adult Developmental Disabilities Services, Adult Forensic Services, Adult Mental Health Services, and the Adult Nursing Home Services program into a new Adult Services program.

Annualize the cost of 1,500 waiver slots on the Mental Retardation/Developmental Disabilities waiting list.

$0

$0

Fund 1,330 waiver slots for consumers on the Mental Retardation/Developmental Disabilities Waiting List.

$0

$0

Transfer funds for treatment of child and adolescent therapeutic services from the Out of Home Care program to the Child and Adolescent Services program (Total Funds: $84,070,477).

$0

$0

Transfer the American Association of Adapted Sports Program contract from the Department of Labor's Roosevelt Warm Springs Institute program to the Child and Adolescent Services program.

$0

$0

Amount appropriated in this Act

$0

$0

27.47. Prevention and Health Promotion

Purpose: Increase positive health behaviors and reduce preventable diseases and chronic disabilities.

Total Funds

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$0

$0

Annualize the cost of the FY 2007 salary adjustment.

$0

$0

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$0

$0

Reflect an adjustment in Workers' Compensation premiums.

$0

$0

Provide for a general salary increase of 3% effective

$0

$0

2438

JOURNAL OF THE HOUSE

January 1, 2008 and provide for performance increases.

Realign funds to reflect program restructuring for FY 2008 to allow for provision of services to Georgia citizens by transferring funds from Adolescent and Adult Health Promotion, Infant and Child Health Promotion, and Injury Prevention programs to a new Prevention and Health Promotion program.

$0

$0

Transfer funds for prevention activities from the Substance Abuse Prevention program to a new Prevention and Health Promotion program (Total Funds: $11,271,181)

$0

$0

Redirect $1,500,000 state funds from the Prevention and Health Promotion program to the Immunization program to fund vaccines for underinsured children.

$0

$0

Amount appropriated in this Act

$0

$0

27.48. Essential Health Treatment Services

Purpose: Ensure a coordinated system of care for outreach services, case management, and direct clinical services.

Total Funds

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$0

$0

Annualize the cost of the FY 2007 salary adjustment.

$0

$0

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$0

$0

Reflect an adjustment in Workers' Compensation premiums.

$0

$0

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$0

$0

Realign funds to reflect program restructuring for FY 2008 to allow for provision of services to Georgia citizens by transferring funds from

$0

$0

FRIDAY, APRIL 13, 2007

2439

Adolescent and Adult Health Promotion, Infant and Child Health Promotion, and Injury Prevention programs to a new Prevention and Health Promotion program.

Reflect savings of renegotiated contracts.

$0

$0

Amount appropriated in this Act

$0

$0

27.49. Economic Assistance

Purpose: Provide temporary assistance to economically disaffected families by developing employability, providing child care services assistance, emergency food assistance, heating assistance, and medical services assistance.

Total Funds

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$0

$0

Annualize the cost of the FY 2007 salary adjustment.

$0

$0

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$0

$0

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$0

$0

Transfer $1,349,000 in unobligated TANF funds and

$0

$0

redirect $1,300,000 in federal funds to the Economic

Assistance program.

Realign funds to reflect the program restructuring for FY 2008 to allow for provision of services to Georgia citizens by transferring funds from After School Care, Child Care Services, Food Stamp Eligibility and Benefits, Eligibility Determination, Support for Needy Families - Basic Assistance, and the Support for Needy Families - Work Assistance program to a new Economic Assistance program.

$0

$0

Reflect savings of renegotiated contracts.

$0

$0

Delete one-time funding for the relocation of various

$0

$0

county Department of Family and Children Services

(DFCS) offices.

2440

JOURNAL OF THE HOUSE

Amount appropriated in this Act

$0

$0

The following appropriations are for agencies attached for administrative purposes.

27.50. Brain and Spinal Injury Trust Fund

Purpose: Provide disbursements from the Trust Fund to offset the costs of care and rehabilitative services to Georgians who have survived brain or spinal cord injuries.

Total Funds

$3,063,194

State Funds

$3,063,194

Brain and Spinal Injury Trust Fund

$3,063,194

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$3,007,691

$3,007,691

Annualize the cost of the FY 2007 salary adjustment.

$6,764

$6,764

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$33,275

$33,275

Reflect an adjustment in Workers' Compensation premiums.

$3,916

$3,916

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$11,548

$11,548

Amount appropriated in this Act

$3,063,194

$3,063,194

27.51. Child Fatality Review Panel

Purpose: 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

$371,297

State Funds

$371,297

State General Funds

$371,297

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$338,832

$338,832

FRIDAY, APRIL 13, 2007

2441

Annualize the cost of the FY 2007 salary adjustment.
Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.
Reflect an adjustment in Workers' Compensation premiums.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Amount appropriated in this Act

$4,000 $19,678
$1,958 $6,829
$371,297

$4,000 $19,678
$1,958 $6,829
$371,297

27.52. Children's Trust Fund Commission

Purpose: Support the establishment of community-based educational and service programs designed to reduce the occurrence of child abuse and neglect.

Total Funds

$7,782,772

Federal Funds and Grants

$250,000

Temporary Assistance for Needy Families Block Grant

$250,000

State Funds

$7,532,772

State General Funds

$7,532,772

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$7,244,828

$7,494,830

Annualize the cost of the FY 2007 salary adjustment.

$4,633

$4,633

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$22,792

$22,792

Reflect an adjustment in Workers' Compensation premiums.

$2,610

$2,610

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$7,909

$7,909

Adjust other funds schedules in various programs to match expenditures to activities.

$0

($2)

Provide one-time funding to the Children's Advocacy Centers of Georgia for a web-based case

$250,000

$250,000

2442

JOURNAL OF THE HOUSE

tracking system. Amount appropriated in this Act

$7,532,772

$7,782,772

27.53. Council on Aging

Purpose: Assist older individuals, at-risk adults, persons with disabilities, their families and caregivers in achieving safe, healthy, independent and self-reliant lives.

Total Funds

$193,064

State Funds

$193,064

State General Funds

$193,064

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$174,761

$174,761

Annualize the cost of the FY 2007 salary adjustment.

$2,400

$2,400

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$11,806

$11,806

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$4,097

$4,097

Amount appropriated in this Act

$193,064

$193,064

27.54. Developmental Disabilities, Council on

Purpose: Promote quality services and support for people with developmental disabilities and their families.

Total Funds

$2,320,085

Federal Funds and Grants

$2,262,002

Federal Funds Not specifically Identified

$2,262,002

State Funds

$58,083

State General Funds

$58,083

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$29,705

$2,291,707

Annualize the cost of the FY 2007 salary adjustment.

$3,721

$3,721

FRIDAY, APRIL 13, 2007

2443

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Amount appropriated in this Act

$18,305

$18,305

$6,352

$6,352

$58,083

$2,320,085

27.55. Family Connection

Purpose: Provide a statewide network of county collaboratives that work to improve conditions for children and families.

Total Funds

$11,875,408

Federal Funds and Grants

$2,468,771

Temporary Assistance for Needy Families Block Grant

$1,200,000

Medical Assistance Program

$1,268,771

State Funds

$9,406,637

State General Funds

$9,406,637

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$9,387,572 $11,856,343

Annualize the cost of the FY 2007 salary adjustment.

$2,500

$2,500

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$12,298

$12,298

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$4,267

$4,267

Amount appropriated in this Act

$9,406,637 $11,875,408

Section 28: Insurance, Department of Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources

$19,975,173 $954,555 $954,555 $97,232

2444

JOURNAL OF THE HOUSE

Other Funds Not Specifically Identified State Funds
State General Funds Intra-State Government Transfers

$97,232 $18,923,386 $18,923,386
$0

28.1. Administration

Purpose: 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

$2,451,295

State Funds

$2,451,295

State General Funds

$2,451,295

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$2,295,936

$2,295,936

Annualize the cost of the FY 2007 salary adjustment.

$18,271

$18,271

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$912

$912

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$91,736

$91,736

Reflect an adjustment in Workers' Compensation premiums.

$10,195

$10,195

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$34,245

$34,245

Amount appropriated in this Act

$2,451,295

$2,451,295

28.2. Enforcement

Purpose: Provide legal advice and initiate legal proceedings with regard to enforcement of specific provisions of state law relating to insurance, industrial loan, fire safety and fraud.

Total Funds

$867,801

State Funds

$867,801

State General Funds

$867,801

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

FRIDAY, APRIL 13, 2007

2445

Amount from prior Appropriation Act (HB1027)
Annualize the cost of the FY 2007 salary adjustment.
Increase the Georgia Building Authority (GBA) real estate rental rate for office space.
Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.
Reflect an adjustment in Workers' Compensation premiums.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Amount appropriated in this Act

State Funds $812,230 $6,131
$3,475
$30,965

Total Funds $812,230 $6,131
$3,475
$30,965

$3,441 $11,559

$3,441 $11,559

$867,801

$867,801

28.3. Fire Safety

Purpose: Create a fire safe environment in the state that protects the public from fire and limits the loss of life and property.

Total Funds

$6,585,589

Federal Funds and Grants

$954,555

Federal Funds Not specifically Identified

$954,555

Other Funding Sources

$97,232

Other Funds Not Specifically Identified

$97,232

State Funds

$5,533,802

State General Funds

$5,533,802

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$5,134,731

$6,186,518

Annualize the cost of the FY 2007 salary adjustment.

$39,232

$39,232

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$5,626

$5,626

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$238,617

$238,617

Reflect an adjustment in Workers' Compensation

$26,519

$26,519

2446

JOURNAL OF THE HOUSE

premiums.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Amount appropriated in this Act

$89,077

$89,077

$5,533,802

$6,585,589

28.3. Industrial Loan

Purpose: Protect customers by licensing, regulating, and examining finance companies that provide consumer loans of $3,000 or less.

Total Funds

$770,534

State Funds

$770,534

State General Funds

$770,534

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$723,126

$723,126

Annualize the cost of the FY 2007 salary adjustment.

$5,479

$5,479

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$748

$748

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$27,742

$27,742

Reflect an adjustment in Workers' Compensation premiums.

$3,083

$3,083

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$10,356

$10,356

Amount appropriated in this Act

$770,534

$770,534

28.4. Insurance Regulation

Purpose: Ensure that licensed insurance entities maintain solvency, comply with state law and adopted rules, regulations, and standards.

Total Funds

$6,003,516

State Funds

$6,003,516

State General Funds

$6,003,516

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

FRIDAY, APRIL 13, 2007

2447

Amount from prior Appropriation Act (HB1027)
Annualize the cost of the FY 2007 salary adjustment.
Increase the Georgia Building Authority (GBA) real estate rental rate for office space.
Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.
Reflect an adjustment in Workers' Compensation premiums.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Amount appropriated in this Act

State Funds $5,617,954
$43,952
$17,018
$218,663

Total Funds $5,617,954
$43,952
$17,018
$218,663

$24,302 $81,627

$24,302 $81,627

$6,003,516

$6,003,516

28.5. Special Fraud

Purpose: Identify and take appropriate action to deter insurance fraud.

Total Funds

$3,296,438

State Funds

$3,296,438

State General Funds

$3,296,438

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$3,102,764

$3,102,764

Annualize the cost of the FY 2007 salary adjustment.

$20,598

$20,598

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$11,739

$11,739

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$108,685

$108,685

Reflect an adjustment in Workers' Compensation premiums.

$12,080

$12,080

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$40,572

$40,572

Amount appropriated in this Act

$3,296,438

$3,296,438

2448

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Section 29: Investigation, Georgia Bureau of Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources
Other Funds Not Specifically Identified State Funds
State General Funds Intra-State Government Transfers

$108,309,321 $29,883,487 $29,883,487 $4,887,711 $4,887,711 $73,538,123 $73,538,123 $0

29.1. Administration

Purpose: 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

$11,046,485

Federal Funds and Grants

$6,812

Federal Funds Not specifically Identified

$6,812

Other Funding Sources

$1,434

Other Funds Not Specifically Identified

$1,434

State Funds

$11,038,239

State General Funds

$11,038,239

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$9,634,077

$9,642,323

Annualize the cost of the FY 2007 salary adjustment.

$55,802

$55,802

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$173,114

$173,114

Reflect an adjustment in Workers' Compensation premiums.

$37,875

$37,875

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$66,021

$66,021

Realize CNG savings by redirecting telecommunications ($25,270) and procurement

($96,650)

($96,650)

FRIDAY, APRIL 13, 2007

2449

($97,770) to regular operating expenses for funding costs associated with the Meth Force enhancement.
Provide funds for major repairs and renovations to statewide regional offices.
Provide funds for an electrical upgrade at the headquarters facility.
Amount appropriated in this Act

$118,000 $1,050,000 $11,038,239

$118,000 $1,050,000 $11,046,485

29.2. Centralized Scientific Services

Purpose: Provide analysis of illicit and licit drugs, unknown substances, and fire debris evidence.

Total Funds

$13,825,143

Other Funding Sources

$3,601

Other Funds Not Specifically Identified

$3,601

State Funds

$13,821,542

State General Funds

$13,821,542

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$12,605,551 $12,609,152

Annualize the cost of the FY 2007 salary adjustment.

$136,667

$136,667

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$460,823

$460,823

Reflect an adjustment in Workers' Compensation premiums.

$92,765

$92,765

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$175,813

$175,813

Realign personal services from Regional Forensic Services program to Centralized Scientific Services program to accurately reflect program expenditures.

$350,000

$350,000

Realize CNG savings by redirecting telecommunications ($25,270) and procurement ($97,770) to regular operating expenses for funding costs associated with the Meth Force enhancement.

($77)

($77)

Amount appropriated in this Act

$13,821,542 $13,825,143

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29.3. Criminal Justice Information Services

Purpose: Provide fingerprint identification and processing of criminal history source documents to create and update criminal history records.

Total Funds

$10,460,913

Other Funding Sources

$2,604

Other Funds Not Specifically Identified

$2,604

State Funds

$10,458,309

State General Funds

$10,458,309

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$9,678,634

$9,681,238

Annualize the cost of the FY 2007 salary adjustment.

$97,882

$97,882

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$301,541

$301,541

Reflect an adjustment in Workers' Compensation premiums.

$66,435

$66,435

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$114,999

$114,999

Realize CNG savings by redirecting telecommunications ($25,270) and procurement ($97,770) to regular operating expenses for funding costs associated with the Meth Force enhancement.

($26,313)

($26,313)

Add funds to relocate servers and communication equipment located at GBI headquarters.

$225,131

$225,131

Amount appropriated in this Act

$10,458,309 $10,460,913

29.4. Georgia Information Sharing and Analysis Center (GISAC)

Purpose: Assist all officials and agencies of the criminal justice system in the fulfillment of their varied responsibilities on a statewide basis by providing round-theclock access to needed information.

Total Funds

$891,008

Other Funding Sources

$479

Other Funds Not Specifically Identified

$479

State Funds

$890,529

FRIDAY, APRIL 13, 2007

2451

State General Funds

$890,529

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$824,274

$824,753

Annualize the cost of the FY 2007 salary adjustment.

$9,775

$9,775

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$31,667

$31,667

Reflect an adjustment in Workers' Compensation premiums.

$6,636

$6,636

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$12,077

$12,077

Annualize the cost of the FY 2007 3% salary adjustment for Special Agent 1, Special Agent 2, Special Agent 3, ASAC/Multi-Jurisdiction Task Force and Narcotics Agents.

$6,100

$6,100

Amount appropriated in this Act

$890,529

$891,008

29.5. Regional Forensic Services

Purpose: Provide pathology services to determine cause and manner of death.

Total Funds

$8,486,897

Other Funding Sources

$2,255

Other Funds Not Specifically Identified

$2,255

State Funds

$8,484,642

State General Funds

$8,484,642

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$8,215,666

$8,217,921

Annualize the cost of the FY 2007 salary adjustment.

$87,900

$87,900

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$247,832

$247,832

Reflect an adjustment in Workers' Compensation

$59,660

$59,660

2452

JOURNAL OF THE HOUSE

premiums.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Realign personal services from Regional Forensic Services program to Centralized Scientific Services program to accurately reflect program expenditures.
Provide funds for major repairs and renovations to statewide regional offices.
Amount appropriated in this Act

$94,584

$94,584

($350,000)

($350,000)

$129,000 $8,484,642

$129,000 $8,486,897

29.6. Regional Investigative Services

Purpose: Identify, collect, preserve, and process evidence located during crime scene examinations.

Total Funds

$25,803,583

Other Funding Sources

$204,682

Other Funds Not Specifically Identified

$204,682

State Funds

$25,598,901

State General Funds

$25,598,901

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$20,852,981 $21,057,463

Annualize the cost of the FY 2007 salary adjustment.

$233,276

$233,276

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$805,657

$805,657

Reflect an adjustment in Workers' Compensation premiums.

$158,332

$158,332

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$307,256

$307,256

Annualize the cost of the FY 2007 3% salary adjustment for Special Agent 1, Special Agent 2, Special Agent 3, ASAC/Multi-Jurisdiction Task Force and Narcotics Agents.

$163,479

$163,479

Transfer the Special Operations Unit (SOU)

$784,154

$784,354

FRIDAY, APRIL 13, 2007

2453

Program to Regional Investigative Services as a subprogram (Total Funds: $784,354).
Realize CNG savings by redirecting telecommunications ($25,270) and procurement ($97,770) to regular operating expenses for funding costs associated with the Meth Force enhancement.
Provide funds for major repairs and renovations to statewide regional offices.
Provide funds for an additional 8 special agent positions, add 4 computer forensic specialist positions and fill 1 computer specialist position to implement the Child Safety Initiative to investigate child internet predators and child pornography cases.
Provide funds to add 3 special agent positions to implement the Georgia SecureID initiative.
Provide additional funds to add 6 special agent positions and fill 9 vacant special agent positions to investigate methamphetamine-related crimes, including ($123,040) of the CNG savings, for a total of $1,009,979.
Amount appropriated in this Act

$123,040 $236,000 $845,791
$201,996 $886,939
$25,598,901

$123,040 $236,000 $845,791
$201,996 $886,939
$25,803,583

29.7. Special Operations Unit

Purpose: Respond on a statewide basis in order to render safe explosive devices of all types. Assist in the identification, arrest, and prosecution of individuals.

Total Funds

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$784,154

$784,354

Transfer the Special Operations Unit (SOU) Program to Regional Investigative Services as a subprogram (Total Funds: $784,354).

($784,154)

($784,354)

Amount appropriated in this Act

$0

$0

29.8. State Healthcare Fraud Unit

Purpose: Identify, arrest and prosecute providers of health care services who defraud the Medicaid Program.

Total Funds

$1,169,624

2454

JOURNAL OF THE HOUSE

Other Funding Sources

$387

Other Funds Not Specifically Identified

$387

State Funds

$1,169,237

State General Funds

$1,169,237

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$1,124,121

$1,124,508

Annualize the cost of the FY 2007 salary adjustment.

$6,887

$6,887

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$19,946

$19,946

Reflect an adjustment in Workers' Compensation premiums.

$4,674

$4,674

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$7,609

$7,609

Annualize the cost of the FY 2007 3% salary adjustment for Special Agent 1, Special Agent 2, Special Agent 3, ASAC/Multi-Jurisdiction Task Force and Narcotics Agents.

$6,000

$6,000

Amount appropriated in this Act

$1,169,237

$1,169,624

29.9. Task Forces

Purpose: Provide the GBI supervisory support to 12 federally funded multijurisdictional drug task forces.

Total Funds

$1,177,946

Other Funding Sources

$376

Other Funds Not Specifically Identified

$376

State Funds

$1,177,570

State General Funds

$1,177,570

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$1,078,677

$1,079,053

Annualize the cost of the FY 2007 salary adjustment.

$13,915

$13,915

FRIDAY, APRIL 13, 2007

2455

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.
Reflect an adjustment in Workers' Compensation premiums.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Annualize the cost of the FY 2007 3% salary adjustment for Special Agent 1, Special Agent 2, Special Agent 3, ASAC/Multi-Jurisdiction Task Force and Narcotics Agents.
Amount appropriated in this Act

$43,822 $9,444 $16,712 $15,000

$43,822 $9,444 $16,712 $15,000

$1,177,570

$1,177,946

The following appropriations are for agencies attached for administrative purposes.

29.10. Criminal Justice Coordinating Council

Purpose: 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

$35,447,722

Federal Funds and Grants

$29,876,675

Federal Funds Not specifically Identified

$29,876,675

Other Funding Sources

$4,671,893

Other Funds Not Specifically Identified

$4,671,893

State Funds

$899,154

State General Funds

$899,154

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$1,083,456 $35,632,024

Annualize the cost of the FY 2007 salary adjustment.

$4,500

$4,500

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$1,456

$1,456

Reflect an adjustment in Workers' Compensation

$2,597

$2,597

2456

JOURNAL OF THE HOUSE

premiums.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Eliminate one time funding for the Local Law Enforcement and Fire Protection Grant program.
Amount appropriated in this Act

$7,145

$7,145

($200,000) $899,154

($200,000) $35,447,722

Section 30: Juvenile Justice, Department of Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources
Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers

$347,560,548 $2,823,666 $2,823,666
$18,380,323 $4,022,803 $14,357,520 $326,356,559 $326,356,559
$0

30.1. Administration

Purpose: 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

$28,332,031

Other Funding Sources

$199,673

Agency Funds

$199,673

State Funds

$28,132,358

State General Funds

$28,132,358

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$26,855,168 $27,054,841

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$485,080

$485,080

Reflect an adjustment in Workers' Compensation

$148,823

$148,823

FRIDAY, APRIL 13, 2007

2457

premiums.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Realign program funds to associate expenditures with program activities and transfer $341,516 from the Secure Commitment program to the Administration program ($29,885) and to the Community Supervision program ($311,631).
Realign funds to correctly associate regular operating expenses incurred by facility-based investigators to actual program activities.
Annualize the cost of the FY 2007 salary adjustment ($2,928,267) and the 3% salary adjustment for the juvenile correction officer 1, juvenile correction officer 2, transfer officer, juvenile probation and parole specialist 1, juvenile probation and parole specialist 2, and apprehensions law enforcement personnel ($1,144,318).
Amount appropriated in this Act

$210,191 $29,885 $169,896 $233,315
$28,132,358

$210,191 $29,885
$169,896 $233,315
$28,332,031

30.2. Community Non-Secure Commitment

Purpose: 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

$56,786,207

Other Funding Sources

$10,002,619

Other Funds Not Specifically Identified

$10,002,619

State Funds

$46,783,588

State General Funds

$46,783,588

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$46,017,480 $56,020,099

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$66,508

$66,508

Reflect an adjustment in Workers' Compensation premiums.

$20,404

$20,404

2458

JOURNAL OF THE HOUSE

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Annualize the cost of the FY 2007 salary adjustment ($2,928,267) and the 3% salary adjustment for the juvenile correction officer 1, juvenile correction officer 2, transfer officer, juvenile probation and parole specialist 1, juvenile probation and parole specialist 2, and apprehensions law enforcement personnel ($1,144,318).
Provide a 4% Consumer Price Index-based inflationary adjustment for vendors providing placement services.
Expand electronic monitoring services in the Community Non-Secure Commitment program to supervise an additional 60 youth per day in the community and prevent unnecessary secure facility placements.
Amount appropriated in this Act

$27,131 $31,990
$456,788 $163,287 $46,783,588

$27,131 $31,990
$456,788 $163,287 $56,786,207

30.3. Community Supervision

Purpose: Protect the public, hold youth accountable for their actions, and assist youth in becoming law-abiding citizens.

Total Funds

$54,942,995

Other Funding Sources

$4,354,901

Other Funds Not Specifically Identified

$4,354,901

State Funds

$50,588,094

State General Funds

$50,588,094

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$42,739,092 $47,093,993

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$1,635,776

$1,635,776

Reflect an adjustment in Workers' Compensation premiums.

$501,859

$501,859

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance

$667,320

$667,320

FRIDAY, APRIL 13, 2007

2459

increases.
Realign program funds to associate expenditures with program activities and transfer $341,516 from the Secure Commitment program to the Administration program ($29,885) and to the Community Supervision program ($311,631).
Annualize the cost of the FY 2007 salary adjustment ($2,928,267) and the 3% salary adjustment for the juvenile correction officer 1, juvenile correction officer 2, transfer officer, juvenile probation and parole specialist 1, juvenile probation and parole specialist 2, and apprehensions law enforcement personnel ($1,144,318).
Annualize the cost for 30 intensive supervision program staff.
Provide 67 juvenile probation and parole specialist staff in the Community Supervision program to supervise and provide rehabilitative services to youth placed in community settings rather than secure facilities.
Amount appropriated in this Act

$311,631 $786,780
$731,227 $3,214,409 $50,588,094

$311,631 $786,780
$731,227 $3,214,409 $54,942,995

30.4. Secure Commitment (YDCs)

Purpose: 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

$99,453,176

Federal Funds and Grants

$1,071,666

Federal Funds Not specifically Identified

$1,071,666

Other Funding Sources

$2,206,194

Agency Funds

$2,206,194

State Funds

$96,175,316

State General Funds

$96,175,316

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$85,728,300 $89,006,160

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713%

$2,853,632

$2,853,632

2460

JOURNAL OF THE HOUSE

to 22.843%.
Reflect an adjustment in Workers' Compensation premiums.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Realign program funds to associate expenditures with program activities and transfer $341,516 from the Secure Commitment program to the Administration program ($29,885) and to the Community Supervision program ($311,631).
Realign funds to correctly associate regular operating expenses incurred by facility-based investigators to actual program activities.
Annualize the cost of the FY 2007 salary adjustment ($2,928,267) and the 3% salary adjustment for the juvenile correction officer 1, juvenile correction officer 2, transfer officer, juvenile probation and parole specialist 1, juvenile probation and parole specialist 2, and apprehensions law enforcement personnel ($1,144,318).
Provide funds for increased utility costs.
Provide 9 juvenile correction officer positions for those secure facilities unable to adequately provide required staffing patterns.
Provide 8 food service staff for full operation of kitchen and dining halls at the Bill Ireland and Eastman YDC facilities.
Provide a 4% Consumer Price Index-based inflationary adjustment for vendors providing placement services.
Expand the 21st Century Learning Center After School Program to all YDC facilities to provide structured after-hours educational and recreational activities and limit the occurrence of disruptions and other incidents.
Expand the Think Exit at Entry academic and employment counseling program at various YDC facilities to provide transitional services to youth returning to the community.

$875,498 $1,182,965 ($341,516)
($84,948) $1,372,548
$550,000 $281,079 $161,920 $148,132 $385,000
$600,000

$875,498 $1,182,965 ($341,516)
($84,948) $1,372,548
$550,000 $281,079 $161,920 $148,132 $385,000
$600,000

FRIDAY, APRIL 13, 2007

2461

Provide funding for substance abuse treatment programs at various YDC facilities to deter youth from engaging in further delinquent activity upon release.
Continue funding to the Savannah River Challenge YDC facility and isolate lesser offenders sentenced to Short-Term Program placements from more aggravated offenders in other YDC facilities.
Amount appropriated in this Act

$400,000

$400,000

$2,062,706

$2,062,706

$96,175,316 $99,453,176

30.5. Secure Detention (RYDCs)

Purpose: Protect the public and hold youth accountable for their actions by providing temporary, secure, and safe care, and supervise of high-risk youth.

Total Funds

$104,885,607

Other Funding Sources

$1,616,936

Agency Funds

$1,616,936

State Funds

$103,268,671

State General Funds

$103,268,671

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$94,966,201 $96,583,137

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$3,410,289

$3,410,289

Reflect an adjustment in Workers' Compensation premiums.

$1,046,281

$1,046,281

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$1,410,055

$1,410,055

Realign funds to correctly associate regular operating expenses incurred by facility-based investigators to actual program activities.

($84,948)

($84,948)

Annualize the cost of the FY 2007 salary adjustment ($2,928,267) and the 3% salary adjustment for the juvenile correction officer 1, juvenile correction officer 2, transfer officer, juvenile probation and parole specialist 1, juvenile probation and parole specialist 2, and apprehensions law enforcement

$1,640,290

$1,640,290

2462

JOURNAL OF THE HOUSE

personnel ($1,144,318).
Provide funds for increased utility costs.
Provide a 4% Consumer Price Index-based inflationary adjustment for vendors providing placement services.
Amount appropriated in this Act

$550,000 $330,503

$550,000 $330,503

$103,268,671 $104,885,607

The following appropriations are for agencies attached for administrative purposes.

30.6. Children and Youth Coordinating Council

Purpose: Assist local communities in preventing and reducing juvenile delinquency.

Total Funds

$3,160,532

Federal Funds and Grants

$1,752,000

Federal Funds Not specifically Identified

$1,752,000

State Funds

$1,408,532

State General Funds

$1,408,532

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$1,400,870

$3,261,947

Annualize the cost of the FY 2007 salary adjustment ($2,928,267) and the 3% salary adjustment for the juvenile correction officer 1, juvenile correction officer 2, transfer officer, juvenile probation and parole specialist 1, juvenile probation and parole specialist 2, and apprehensions law enforcement personnel ($1,144,318).

$7,662

$7,662

Realign program funds to match expenditures to activities (Total Funds: ($109,077)).

$0

($109,077)

Amount appropriated in this Act

$1,408,532

$3,160,532

Section 31: Labor, Department of Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified

$355,660,929 $257,840,826 $257,840,826

FRIDAY, APRIL 13, 2007

2463

Other Funding Sources Other Funds Not Specifically Identified
State Funds State General Funds
Intra-State Government Transfers

$40,798,678 $40,798,678 $57,021,425 $57,021,425
$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.

31.1. Administration - Department of Labor

Purpose: Work with public and private partners in building a world-class workforce system that contributes to Georgia's economic prosperity.

Total Funds

$14,254,939

Federal Funds and Grants

$10,607,019

Federal Funds Not specifically Identified

$10,607,019

State Funds

$3,647,920

State General Funds

$3,647,920

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$3,221,668 $13,828,687

Annualize the cost of the FY 2007 salary adjustment.

$28,436

$28,436

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$110,786

$110,786

Reflect an adjustment in Workers' Compensation premiums.

$77,366

$77,366

Provide for a general salary increase of 3% effective

$42,337

$42,337

2464

JOURNAL OF THE HOUSE

January 1, 2008 and provide for performance increases.
Provide funds collected from administrative assessments and penalties and interest to fund departmental operations.
Amount appropriated in this Act

$167,327

$167,327

$3,647,920 $14,254,939

31.2. Administration - Division of Rehabilitation

Purpose: Help people with disabilities to become fully productive members of society by achieving independence and meaningful employment.

Total Funds

$3,679,770

Federal Funds and Grants

$1,383,518

Federal Funds Not specifically Identified

$1,383,518

State Funds

$2,296,252

State General Funds

$2,296,252

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$2,194,180

$3,577,698

Annualize the cost of the FY 2007 salary adjustment.

$9,433

$9,433

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$45,185

$45,185

Reflect an adjustment in Workers' Compensation premiums.

$30,187

$30,187

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$17,267

$17,267

Amount appropriated in this Act

$2,296,252

$3,679,770

31.3. Business Enterprise Program

Purpose: Assist people who are blind in becoming successful contributors to the state's economy.

Total Funds

$1,757,604

Federal Funds and Grants

$1,316,085

Federal Funds Not specifically Identified

$1,316,085

State Funds

$441,519

FRIDAY, APRIL 13, 2007

2465

State General Funds

$441,519

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$420,302

$1,736,387

Annualize the cost of the FY 2007 salary adjustment.

$1,941

$1,941

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$9,204

$9,204

Reflect an adjustment in Workers' Compensation premiums.

$6,555

$6,555

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$3,517

$3,517

Amount appropriated in this Act

$441,519

$1,757,604

31.4. Commission on Women

Purpose: Advance the health, education, economic, social, and legal status of women in Georgia.

Total Funds

$93,172

State Funds

$93,172

State General Funds

$93,172

31.5. Disability Adjudication Section

Purpose: Efficiently process applications for federal disability programs so that eligible Georgia citizens can obtain support.

Total Funds

$55,598,820

Federal Funds and Grants

$55,598,820

Federal Funds Not specifically Identified

$55,598,820

31.6. Georgia Industries for the Blind

Purpose: Employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin.

Total Funds

$12,159,221

Other Funding Sources

$11,099,375

Other Funds Not Specifically Identified

$11,099,375

2466

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State Funds

$1,059,846

State General Funds

$1,059,846

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$710,134 $11,809,509

Annualize the cost of the FY 2007 salary adjustment.

$7,101

$7,101

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$227,262

$227,262

Reflect an adjustment in Workers' Compensation premiums.

$28,501

$28,501

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$86,848

$86,848

Amount appropriated in this Act

$1,059,846 $12,159,221

31.7. Labor Market Information

Purpose: Collect, analyze, and publish a wide array of information about the state's labor market.

Total Funds

$2,993,819

Federal Funds and Grants

$2,249,873

Federal Funds Not specifically Identified

$2,249,873

State Funds

$743,946

State General Funds

$743,946

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$682,353

$2,932,226

Annualize the cost of the FY 2007 salary adjustment.

$6,948

$6,948

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$27,780

$27,780

Reflect an adjustment in Workers' Compensation premiums.

$16,249

$16,249

Provide for a general salary increase of 3% effective

$10,616

$10,616

FRIDAY, APRIL 13, 2007

2467

January 1, 2008 and provide for performance increases.
Amount appropriated in this Act

$743,946

$2,993,819

31.8. Roosevelt Warm Springs Institute

Purpose: Empower individuals with disabilities to achieve personal independence.

Total Funds

$32,523,277

Federal Funds and Grants

$6,447,042

Federal Funds Not specifically Identified

$6,447,042

Other Funding Sources

$18,893,087

Other Funds Not Specifically Identified

$18,893,087

State Funds

$7,183,148

State General Funds

$7,183,148

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$6,498,634 $31,838,763

Annualize the cost of the FY 2007 salary adjustment.

$39,107

$39,107

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$188,939

$188,939

Reflect an adjustment in Workers' Compensation premiums.

$134,361

$134,361

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$72,204

$72,204

Provide funds for 4 positions and operating expenses for the new outpatient clinic at Blanchard Hall.

$255,700

$255,700

Transfer remaining funds for the American Association of Adapted Sports Program to the Department of Human Resources.

($5,797)

($5,797)

Amount appropriated in this Act

$7,183,148 $32,523,277

31.9. Safety Inspections

Purpose: Promote and protect public safety, provide training and information on workplace exposure to hazardous chemicals, and promote industrial safety.

Total Funds

$3,102,084

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Federal Funds and Grants

$168,552

Federal Funds Not specifically Identified

$168,552

State Funds

$2,933,532

State General Funds

$2,933,532

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$2,701,779

$2,870,331

Annualize the cost of the FY 2007 salary adjustment.

$23,496

$23,496

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$94,386

$94,386

Reflect an adjustment in Workers' Compensation premiums.

$77,802

$77,802

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$36,069

$36,069

Amount appropriated in this Act

$2,933,532

$3,102,084

31.10. Unemployment Insurance

Purpose: Enhance Georgia's economic strength by collecting unemployment insurance taxes from Georgia's employers and distributing unemployment benefits to eligible claimants.

Total Funds

$48,184,979

Federal Funds and Grants

$36,610,816

Federal Funds Not specifically Identified

$36,610,816

State Funds

$11,574,163

State General Funds

$11,574,163

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$10,212,853 $46,823,669

Annualize the cost of the FY 2007 salary adjustment.

$98,134

$98,134

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$389,592

$389,592

FRIDAY, APRIL 13, 2007

2469

Reflect an adjustment in Workers' Compensation premiums.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Provide funds collected from administrative assessments and penalties and interest to fund departmental operations.
Amount appropriated in this Act

$262,010 $148,881

$262,010 $148,881

$462,693

$462,693

$11,574,163 $48,184,979

31.11. Vocational Rehabilitation Program

Purpose: Assist people with disabilities so that they may go to work.

Total Funds

$86,672,551

Federal Funds and Grants

$66,344,924

Federal Funds Not specifically Identified

$66,344,924

Other Funding Sources

$2,506,216

Other Funds Not Specifically Identified

$2,506,216

State Funds

$17,821,411

State General Funds

$17,821,411

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$17,168,678 $86,019,818

Annualize the cost of the FY 2007 salary adjustment.

$64,114

$64,114

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$305,748

$305,748

Reflect an adjustment in Workers' Compensation premiums.

$213,046

$213,046

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$116,843

$116,843

Realize CNG savings by reducing telecommunications ($12,438).

($12,438)

($12,438)

Realize CNG savings by reducing computer charges ($11,711).

($11,711)

($11,711)

Transfer the BEGIN Program from the Department

($72,869)

($72,869)

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of Labor to the Department of Early Care and Learning.
Provide funding for the Albany Advocacy Resource Center for a certified teacher to carry out the completion of GED classes for people with disabilities who failed to complete their high school education.
Amount appropriated in this Act

$50,000

$50,000

$17,821,411 $86,672,551

31.12. Workforce Development

Purpose: Assist employers and job seekers with job matching services and promote economic growth and development.

Total Funds

$94,640,693

Federal Funds and Grants

$77,114,177

Federal Funds Not specifically Identified

$77,114,177

Other Funding Sources

$8,300,000

Other Funds Not Specifically Identified

$8,300,000

State Funds

$9,226,516

State General Funds

$9,226,516

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$7,753,871 $96,268,048

Annualize the cost of the FY 2007 salary adjustment.

$72,504

$72,504

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$274,622

$274,622

Reflect an adjustment in Workers' Compensation premiums.

$191,190

$191,190

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$104,946

$104,946

Provide funds collected from administrative assessments and penalties and interest to fund departmental operations.

$829,383

$829,383

Reduce TANF funds to the Department of Labor work assistance contract due to declining caseloads.

$0 ($3,100,000)

FRIDAY, APRIL 13, 2007

2471

Amount appropriated in this Act

$9,226,516 $94,640,693

Section 32: Law, Department of Total Funds Federal Funds and Grants Other Funding Sources
Other Funds Not Specifically Identified State Funds
State General Funds Intra-State Government Transfers

$40,289,002 $0
$21,826,240 $21,826,240 $18,462,762 $18,462,762
$0

32.1. Law

Purpose: 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

$40,289,002

Other Funding Sources

$21,826,240

Other Funds Not Specifically Identified

$21,826,240

State Funds

$18,462,762

State General Funds

$18,462,762

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$14,670,539 $36,496,779

Annualize the cost of the FY 2007 salary adjustment.

$395,883

$395,883

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$52,801

$52,801

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$629,919

$629,919

Reflect an adjustment in Workers' Compensation premiums.

$42,791

$42,791

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$265,122

$265,122

Provide funds for 20 attorneys, 6 paralegals, and 3

$2,405,707

$2,405,707

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secretaries to enable the department to reduce the need for special assistant attorney general's services and to deliver in-house legal services in a more timely manner.
Amount appropriated in this Act

$18,462,762 $40,289,002

Section 33: State Merit System of Personnel Administration Total Funds Federal Funds and Grants Other Funding Sources State Funds Intra-State Government Transfers
Other Intra-State Government Payments

$15,151,679 $0 $0 $0
$15,151,679 $15,151,679

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.

33.1. Administration

Purpose: The purpose is to provide administrative and technical support to the agency.

Total Funds

$5,842,685

Intra-State Government Transfers

$5,842,685

Other Intra-State Government Payments

$5,842,685

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$0

$5,654,543

Annualize the cost of the FY 2007 salary adjustment.

$0

$30,607

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$0

$12,883

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$0

$129,673

Reflect an adjustment in Workers' Compensation premiums.

$0

$14,979

FRIDAY, APRIL 13, 2007

2473

Amount appropriated in this Act

$0

$5,842,685

33.2. Recruitment and Staffing Services

Purpose: Provide a central point of contact for the general public seeking employment with the State.

Total Funds

$1,245,494

Intra-State Government Transfers

$1,245,494

Other Intra-State Government Payments

$1,245,494

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$0

$1,177,804

Annualize the cost of the FY 2007 salary adjustment.

$0

$12,245

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$0

$4,978

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$0

$43,938

Reflect an adjustment in Workers' Compensation premiums.

$0

$6,529

Amount appropriated in this Act

$0

$1,245,494

33.3. Total Compensation and Rewards

Purpose: Ensure fair and consistent employee compensation practices across state agencies.

Total Funds

$4,280,787

Intra-State Government Transfers

$4,280,787

Other Intra-State Government Payments

$4,280,787

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$0

$4,142,622

Annualize the cost of the FY 2007 salary adjustment.

$0

$24,385

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$0

$7,417

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JOURNAL OF THE HOUSE

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.
Reflect an adjustment in Workers' Compensation premiums.
Amount appropriated in this Act

$0

$92,536

$0

$13,827

$0

$4,280,787

33.4. Workforce Development and Alignment

Purpose: Provide continuous opportunities for state employees to grow and develop professionally, resulting in increased productivity for state agencies and entities.

Total Funds

$3,782,713

Intra-State Government Transfers

$3,782,713

Other Intra-State Government Payments

$3,782,713

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$0

$3,601,508

Annualize the cost of the FY 2007 salary adjustment.

$0

$31,972

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$0

$4,308

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$0

$129,177

Reflect an adjustment in Workers' Compensation premiums.

$0

$15,748

Amount appropriated in this Act

$0

$3,782,713

Section 34: Natural Resources, Department of Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources
Agency Funds Other Funds Not Specifically Identified State Funds

$163,840,876 $9,996,755 $9,996,755
$25,391,011 $18,625,766
$6,765,245 $128,453,110

FRIDAY, APRIL 13, 2007

2475

State General Funds Intra-State Government Transfers

$128,453,110 $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 18 of 20 years; last payment being made June 15th, 2010, Jekyll Island State Park Authority - $260,844 for year 19 of 20 years; last payment being made June 15th, 2009, Jekyll Island Convention Center and Golf Course - $579,346 for year 14 of 20 years; last payment being made June 15th, 2014 and North Georgia Mountains Authority - $1,434,982 for year 14 of 20 years; last payment being made June 15th, 2014.

34.1. Administration

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

Total Funds

$10,841,363

State Funds

$10,841,363

State General Funds

$10,841,363

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$10,059,057 $10,059,057

Annualize the cost of the FY 2007 salary adjustment.

$115,903

$115,903

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$29,675

$29,675

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$285,738

$285,738

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$115,433

$115,433

Redistribute funds provided in FY 2007 for GBA

$111,920

$111,920

2476

JOURNAL OF THE HOUSE

rent to accurately reflect expenditures.
Reflect an adjustment in Workers' Compensation premiums for the department ($1,467,383), the Georgia Agricultural Exposition Authority ($26,997) and the Georgia Agrirama Development Authority ($5,888).
Amount appropriated in this Act

$123,637

$123,637

$10,841,363 $10,841,363

34.2. Coastal Resources

Purpose: 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

$4,178,393

Federal Funds and Grants

$170,862

Federal Funds Not specifically Identified

$170,862

State Funds

$4,007,531

State General Funds

$4,007,531

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$2,720,618

$2,891,480

Annualize the cost of the FY 2007 salary adjustment.

$29,883

$29,883

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$74,608

$74,608

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$30,140

$30,140

Reflect an adjustment in Workers' Compensation premiums for the department ($1,467,383), the Georgia Agricultural Exposition Authority ($26,997) and the Georgia Agrirama Development Authority ($5,888).

$32,282

$32,282

Eliminate one-time funding for a marina and dock permitting study.

($50,000)

($50,000)

Eliminate funding provided to raise sunken boats.

($180,000)

($180,000)

Provide funds to renovate aging coastal docks.

$1,350,000

$1,350,000

FRIDAY, APRIL 13, 2007

2477

Amount appropriated in this Act

$4,007,531

$4,178,393

34.3. Environmental Protection

Purpose: 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

$41,167,715

Federal Funds and Grants

$3,363,161

Federal Funds Not specifically Identified

$3,363,161

Other Funding Sources

$6,797,557

Agency Funds

$309,758

Other Funds Not Specifically Identified

$6,487,799

State Funds

$31,006,997

State General Funds

$31,006,997

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$27,532,122 $37,692,840

Annualize the cost of the FY 2007 salary adjustment.

$360,290

$360,290

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$39,058

$39,058

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$1,116,058

$1,116,058

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$722,243

$722,243

Redistribute funds provided in FY 2007 for GBA rent to accurately reflect expenditures.

($125,624)

($125,624)

Reflect an adjustment in Workers' Compensation premiums for the department ($1,467,383), the Georgia Agricultural Exposition Authority ($26,997) and the Georgia Agrirama Development Authority ($5,888).

$482,850

$482,850

Support the development of total maximum daily loads (TMDL), including funds for equipment and 1 new vehicle, for specific pollutants on Lakes Lanier

$680,000

$680,000

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and Allatoona, to improve water quality and provide for additional economic development opportunities in affected areas.
Eliminate contract funds for soil erosion and sedimentation certification training.
Add 6 new erosion and sedimentation inspectors to address needs in high-growth areas of the state.
Amount appropriated in this Act

($100,000) $300,000
$31,006,997

($100,000) $300,000
$41,167,715

34.4. Hazardous Waste Trust Fund Purpose: Investigate and clean up abandoned hazardous sites.
Total Funds State Funds
State General Funds

$7,600,000 $7,600,000 $7,600,000

34.5. Historic Preservation

Purpose: Identify, protect and preserve Georgia's historical sites for the enjoyment of present and future generations.

Total Funds

$2,626,950

Federal Funds and Grants

$490,000

Federal Funds Not specifically Identified

$490,000

State Funds

$2,136,950

State General Funds

$2,136,950

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$2,001,760

$2,491,760

Annualize the cost of the FY 2007 salary adjustment.

$25,044

$25,044

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$59,970

$59,970

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$24,227

$24,227

Reflect an adjustment in Workers' Compensation premiums for the department ($1,467,383), the Georgia Agricultural Exposition Authority

$25,949

$25,949

FRIDAY, APRIL 13, 2007

2479

($26,997) and the Georgia Agrirama Development Authority ($5,888).
Amount appropriated in this Act

$2,136,950

$2,626,950

34.6. Land Conservation

Purpose: Provide a framework within which developed and rapidly developing counties and their municipalities can preserve community green space.

Total Funds

$509,496

State Funds

$509,496

State General Funds

$509,496

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$466,380

$466,380

Annualize the cost of the FY 2007 salary adjustment.

$5,686

$5,686

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$4,415

$4,415

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$14,640

$14,640

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$5,914

$5,914

Redistribute funds provided in FY 2007 for GBA rent to accurately reflect expenditures.

$6,127

$6,127

Reflect an adjustment in Workers' Compensation premiums for the department ($1,467,383), the Georgia Agricultural Exposition Authority ($26,997) and the Georgia Agrirama Development Authority ($5,888).

$6,334

$6,334

Amount appropriated in this Act

$509,496

$509,496

34.7. Parks, Recreation and Historic Sites

Purpose: Increase public awareness of the opportunities at state parks and historic sites throughout Georgia.

Total Funds

$42,485,918

Federal Funds and Grants

$845,941

2480

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Federal Funds Not specifically Identified

$845,941

Other Funding Sources

$17,879,882

Agency Funds

$17,879,882

State Funds

$23,760,095

State General Funds

$23,760,095

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$19,141,038 $37,966,861

Annualize the cost of the FY 2007 salary adjustment.

$226,966

$226,966

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$10,298

$10,298

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$764,733

$764,733

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$308,994

$308,994

Transfer the FY 2007 pay raise for law enforcement from Parks, Recreation and Historic Sites to Wildlife Resources and redistribute personal services funds within other programs to accurately reflect expenditures.

($66,485)

($66,485)

Redistribute funds provided in FY 2007 for GBA rent to accurately reflect expenditures.

$14,982

$14,982

Realize CNG savings by reducing regular operating expenses.

($1,387)

($1,387)

Reflect an adjustment in Workers' Compensation premiums for the department ($1,467,383), the Georgia Agricultural Exposition Authority ($26,997) and the Georgia Agrirama Development Authority ($5,888).

$330,956

$330,956

Replace the elevated bond repayment from the

$100,000

$0

Jekyll Island Authority with state general funds.

Transfer the contract with the Georgia Historical Society for new historic markers to the Department of Economic Development.

($60,000)

($60,000)

Provide funds for 33 vacant positions to expand

$990,000

$990,000

FRIDAY, APRIL 13, 2007

2481

operating hours and enhance customer service in state parks and 11 vacant positions in Wildlife Resources that directly impact customer service through law enforcement protection and management of wildlife areas.
Provide funds to repair and renovate cottages and campgrounds in state parks.
Amount appropriated in this Act

$2,000,000 $23,760,095

$2,000,000 $42,485,918

34.8. Pollution Prevention Assistance Purpose: Reduce pollution by providing non-regulatory assistance.
Total Funds Other Funding Sources
Agency Funds State Funds
State General Funds

$119,988 $103,913 $103,913 $16,075
$16,075

34.9. Solid Waste Trust Fund

Purpose: Provide a funding source to administer the Scrap Tire Management Program, enable emergency, preventative and corrective actions at solid waste disposal facilities, and promote statewide recycling and waste reduction programs.

Total Funds

$6,000,000

State Funds

$6,000,000

State General Funds

$6,000,000

34.10. Wildlife Resources

Purpose: 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

$44,309,172

Federal Funds and Grants

$5,126,791

Federal Funds Not specifically Identified

$5,126,791

Other Funding Sources

$277,446

Other Funds Not Specifically Identified

$277,446

State Funds

$38,904,935

State General Funds

$38,904,935

The above amounts include the following adjustments, additions, and deletions to the

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previous appropriation act:
Amount from prior Appropriation Act (HB1027)
Annualize the cost of the FY 2007 salary adjustment.
Annualize the cost of the FY 2007 salary adjustment for law enforcement personnel.
Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Transfer the FY 2007 pay raise for law enforcement from Parks, Recreation and Historic Sites to Wildlife Resources and redistribute personal services funds within other programs to accurately reflect expenditures.
Redistribute funds provided in FY 2007 for GBA rent to accurately reflect expenditures.
Realize CNG savings by reducing regular operating expenses.
Reflect an adjustment in Workers' Compensation premiums for the department ($1,467,383), the Georgia Agricultural Exposition Authority ($26,997) and the Georgia Agrirama Development Authority ($5,888).
Develop the "Go Fish Georgia" education center, state park, bass trail, and improve fishing and recreation access to promote and improve boating and fishing tourism as a means of enhancing economic development in communities around the state.
Provide funds for 33 vacant positions to expand operating hours and enhance customer service in state parks and 11 vacant positions in Wildlife Resources that directly impact customer service through law enforcement protection and management of wildlife areas.
Provide funds for spraying to prevent unwanted

State Funds $30,874,291
$446,068 $66,485 $1,075,529 $434,494 $66,485
($7,405) ($1,387) $465,375
$5,000,000
$440,000
$45,000

Total Funds $36,278,528
$446,068 $66,485
$1,075,529 $434,494 $66,485
($7,405) ($1,387) $465,375
$5,000,000
$440,000
$45,000

FRIDAY, APRIL 13, 2007

2483

vegetation and aquatic plants on Lake Blackshear. Amount appropriated in this Act

$38,904,935 $44,309,172

The following appropriations are for agencies attached for administrative purposes.

34.11. Payments to Georgia Agricultural Exposition Authority

Purpose: 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

$1,719,904

State Funds

$1,719,904

State General Funds

$1,719,904

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$1,641,634

$1,641,634

Annualize the cost of the FY 2007 salary adjustment.

$11,000

$11,000

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$28,921

$28,921

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$11,352

$11,352

Reflect an adjustment in Workers' Compensation premiums for the department ($1,467,383), the Georgia Agricultural Exposition Authority ($26,997) and the Georgia Agrirama Development Authority ($5,888).

$26,997

$26,997

Amount appropriated in this Act

$1,719,904

$1,719,904

34.12. Payments to Georgia Agrirama Development Authority

Purpose: Collect, display, and preserve material culture of Georgia's agriculture and rural history and present to the general public and school groups.

Total Funds

$1,177,651

State Funds

$1,177,651

State General Funds

$1,177,651

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The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$872,211

$872,211

Annualize the cost of the FY 2007 salary adjustment.

$6,000

$6,000

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$27,531

$27,531

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$11,021

$11,021

Reflect an adjustment in Workers' Compensation premiums for the department ($1,467,383), the Georgia Agricultural Exposition Authority ($26,997) and the Georgia Agrirama Development Authority ($5,888).

$5,888

$5,888

Increase state funds to reflect ongoing operating expenses for the new multipurpose building and recreational vehicle park.

$155,000

$155,000

Provide funds for the development of a business, marketing, and facilities master plan.

$100,000

$100,000

Amount appropriated in this Act

$1,177,651

$1,177,651

34.13. Payments to Lake Allatoona Preservation Authority Total Funds State Funds State General Funds

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

34.14. Payments to Southwest Georgia Railroad Excursion Authority

Purpose: Construct, finance, operate, and develop a rail passenger excursion project utilizing state-owned railway in Crisp County, Sumter County, and nearby counties which may be included within the service area.

Total Funds

$371,964

State Funds

$371,964

State General Funds

$371,964

34.15. Georgia State Games Commission

FRIDAY, APRIL 13, 2007

2485

Purpose: Improve the physical fitness of Georgians.

Total Funds

$632,362

Other Funding Sources

$332,213

Agency Funds

$332,213

State Funds

$300,149

State General Funds

$300,149

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$50,149

$382,362

Eliminate funds, 1 position and 4 motor vehicles for the State Games Commission (Total Funds: $382,362).

$0

$0

Provide funds to the Georgia State Games Commission to facilitate athletic achievement and competition among handicapped children.

$250,000

$250,000

Amount appropriated in this Act

$300,149

$632,362

Section 35: Pardons and Paroles, State Board of Total Funds Federal Funds and Grants Other Funding Sources State Funds
State General Funds Intra-State Government Transfers

$55,524,566 $0 $0
$55,524,566 $55,524,566
$0

35.1. Administration

Purpose: Provide support for the agency.

Total Funds

$5,886,074

State Funds

$5,886,074

State General Funds

$5,886,074

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$4,891,864

$4,891,864

Annualize the cost of the FY 2007 salary

$25,041

$25,041

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adjustment.
Increase the Georgia Building Authority (GBA) real estate rental rate for office space.
Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.
Reflect an adjustment in Workers' Compensation premiums.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Provide funds for the Clemency Online Navigation System including 5 additional information technology positions, utilizing $101,500 in CNG savings.
Amount appropriated in this Act

$33,049 $102,803
$10,260 $26,817
$796,240

$33,049 $102,803
$10,260 $26,817
$796,240

$5,886,074

$5,886,074

35.2. Clemency

Purpose: Investigate offenders when they enter the corrections system and make determinations about offender eligibility for parole.

Total Funds

$10,935,172

State Funds

$10,935,172

State General Funds

$10,935,172

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$10,212,410 $10,212,410

Annualize the cost of the FY 2007 salary adjustment.

$95,061

$95,061

Annualize the cost of the FY 2007 salary adjustment for law enforcement personnel.

$45,000

$45,000

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$375,320

$375,320

Reflect an adjustment in Workers' Compensation premiums.

$57,388

$57,388

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$149,993

$149,993

FRIDAY, APRIL 13, 2007

2487

Amount appropriated in this Act

$10,935,172 $10,935,172

35.3. Parole Supervision

Purpose: Transition offenders from prison back into the community as productive, law abiding citizens.

Total Funds

$38,149,974

State Funds

$38,149,974

State General Funds

$38,149,974

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$34,476,952 $34,476,952

Annualize the cost of the FY 2007 salary adjustment.

$284,470

$284,470

Annualize the cost of the FY 2007 salary adjustment for law enforcement personnel.

$220,818

$220,818

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$1,354,013

$1,354,013

Reflect an adjustment in Workers' Compensation premiums.

$207,033

$207,033

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$541,117

$541,117

Provide a residential option for substance abuse treatment services for parolees including 1 additional program assistance position.

$992,619

$992,619

Provide additional substance abuse funding to deliver after care from offenders returning to the community.

$72,952

$72,952

Amount appropriated in this Act

$38,149,974 $38,149,974

35.4. Victims Services

Purpose: Provide notification to victims of changes in offender status or placement, to conduct outreach and information gathering from victims during clemency proceedings and generally to act as a liaison to victims for the state corrections system.

Total Funds

$553,346

State Funds

$553,346

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State General Funds

$553,346

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$531,661

$531,661

Annualize the cost of the FY 2007 salary adjustment.

$4,202

$4,202

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$11,261

$11,261

Reflect an adjustment in Workers' Compensation premiums.

$1,722

$1,722

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$4,500

$4,500

Amount appropriated in this Act

$553,346

$553,346

Section 36: Properties Commission, State Total Funds Federal Funds and Grants Other Funding Sources
Agency Funds Other Funds Not Specifically Identified State Funds Intra-State Government Transfers

$7,632,996 $0
$7,632,996 $1,756,335 $5,876,661
$0 $0

36.1. Leasing

Purpose: 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

Other Funding Sources

$402,655

Other Funds Not Specifically Identified

$402,655

36.2. State Properties Commission
Purpose: Assure the taxpayers of Georgia that acquisitions and dispositions of state property are carried out in an equitable, legal, ethical and efficient manner.

FRIDAY, APRIL 13, 2007

2489

Total Funds Other Funding Sources
Other Funds Not Specifically Identified

$588,425 $588,425 $588,425

The following appropriations are for agencies attached for administrative purposes.

36.3. Payments to Georgia Building Authority

Purpose: Purchase, erect and maintain buildings and other facilities to house agents and officials of the state government.

Total Funds

$6,641,916

Other Funding Sources

$6,641,916

Agency Funds

$1,756,335

Other Funds Not Specifically Identified

$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 (HB1027)

$0

$4,885,581

Annualize the cost of the FY 2007 salary adjustment.

$0

$756,335

Provide for a real estate rental increase of $0.38 per square foot to cover projected increases in utility expenses (Total Funds: $1,000,000).

$0

$1,000,000

Amount appropriated in this Act

$0

$6,641,916

Section 37: Public Safety, Department of Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources
Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments

$142,052,649 $8,328,935 $8,328,935 $6,230,971 $877,160 $5,353,811
$124,341,308 $124,341,308
$3,151,435 $3,151,435

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37.1. Administration

Purpose: Work cooperatively with all levels of government to provide a safe environment for residents and visitors to our state.

Total Funds

$9,148,867

State Funds

$9,148,867

State General Funds

$9,148,867

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$8,774,504

$8,774,504

Annualize the cost of the FY 2007 salary adjustment.

$60,976

$60,976

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$142,039

$142,039

Reflect an adjustment in Workers' Compensation premiums.

$89,863

$89,863

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$81,485

$81,485

Amount appropriated in this Act

$9,148,867

$9,148,867

37.2. Aviation

Purpose: 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

$2,630,550

State Funds

$2,630,550

State General Funds

$2,630,550

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$2,515,895

$2,515,895

Annualize the cost of the FY 2007 salary adjustment.

$17,282

$17,282

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$44,133

$44,133

Reflect an adjustment in Workers' Compensation

$27,922

$27,922

FRIDAY, APRIL 13, 2007

2491

premiums.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Amount appropriated in this Act

$25,318

$25,318

$2,630,550

$2,630,550

37.3. Capitol Police Services

Purpose: Protect life and property, prevent and detect criminal acts, and enforce traffic regulations throughout the Capitol Hill area.

Total Funds

$3,151,435

Intra-State Government Transfers

$3,151,435

Other Intra-State Government Payments

$3,151,435

37.4. Executive Security Services

Purpose: Provide facility security for the Governor's Mansion and personal security for its residents, and provide continual security for the Governor, the Lieutenant Governor, the Speaker of the House and their families.

Total Funds

$1,467,064

State Funds

$1,467,064

State General Funds

$1,467,064

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$1,392,354

$1,392,354

Annualize the cost of the FY 2007 salary adjustment.

$11,425

$11,425

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$28,683

$28,683

Reflect an adjustment in Workers' Compensation premiums.

$18,147

$18,147

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$16,455

$16,455

Amount appropriated in this Act

$1,467,064

$1,467,064

37.5. Field Offices and Services Purpose: Reduce drug trafficking in the State of Georgia by networking with other

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state, federal and local law enforcement agencies.

Total Funds

$82,476,874

State Funds

$82,476,874

State General Funds

$82,476,874

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$64,744,317 $64,744,317

Annualize the cost of the FY 2007 salary adjustment.

$673,309

$673,309

Annualize the cost of the FY 2007 salary adjustment for law enforcement personnel.

$449,196

$449,196

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$2,463,344

$2,463,344

Reflect an adjustment in Workers' Compensation premiums.

$1,105,900

$1,105,900

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$1,413,168

$1,413,168

Remove one-time funding for equipment and supplies related to the Metro Atlanta Motorcycle Unit.

($277,500)

($277,500)

Align the FY 2007 3% salary adjustment for the MCCD officer cadet, MCCD corporal and MCCD sergeant, law enforcement personnel with the appropriate program.

($148,277)

($148,277)

Provide additional funds for increased network charges for interoperability to allow public safety service and support providers to communicate via voice and/or data.

$1,248,000

$1,248,000

Provide funds for the continuation market benchmark salaries for identified ranks of the Georgia State Patrol Troopers through the supervisory rank of Captain and including all job classes of Communications Equipment Officers, effective January 1, 2008.

$6,936,717

$6,936,717

Provide funds for continuation market benchmark salaries for all sworn personnel in Motor Carrier

$0

$0

FRIDAY, APRIL 13, 2007

2493

Compliance Division and Capitol Police as funds are available to the agency internally or through future appropriation.
Annualize 3% salary adjustment, above the normal recommended salary adjustment, beginning January 1, 2007 for the following law enforcement positions: Lieutenant and Sergeant 1st Class.
Provide funds for 100 standard trooper cars.
Increase contract for training at North Central Georgia Law Enforcement Academy.
Provide training and cost associated with the implementation of H.B. 1059 - Sex Offender Registration Act.
Amount appropriated in this Act

$0
$3,500,000 $250,000 $118,700
$82,476,874

$0
$3,500,000 $250,000 $118,700
$82,476,874

37.6. Motor Carrier Compliance

Purpose: Provide safety and compliance enforcement for commercial motor carriers, school buses, large passenger vehicles, and ensure enforcement of High Occupancy Vehicle lane use restrictions.

Total Funds

$17,602,364

Federal Funds and Grants

$5,161,998

Federal Funds Not specifically Identified

$5,161,998

Other Funding Sources

$4,596,898

Other Funds Not Specifically Identified

$4,596,898

State Funds

$7,843,468

State General Funds

$7,843,468

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$6,612,936 $16,371,832

Annualize the cost of the FY 2007 salary adjustment.

$66,195

$66,195

Annualize the cost of the FY 2007 salary adjustment for law enforcement personnel.

$148,277

$148,277

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$499,395

$499,395

Reflect an adjustment in Workers' Compensation

$81,896

$81,896

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JOURNAL OF THE HOUSE

premiums.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Align the FY 2007 3% salary adjustment for the MCCD officer cadet, MCCD corporal and MCCD sergeant, law enforcement personnel with the appropriate program.
Amount appropriated in this Act

$286,492 $148,277

$286,492 $148,277

$7,843,468 $17,602,364

37.7. Specialized Collision Reconstruction Team (SCRT)

Purpose: 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

$2,517,279

State Funds

$2,517,279

State General Funds

$2,517,279

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$2,350,545

$2,350,545

Annualize the cost of the FY 2007 salary adjustment.

$26,437

$26,437

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$63,588

$63,588

Reflect an adjustment in Workers' Compensation premiums.

$40,230

$40,230

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$36,479

$36,479

Amount appropriated in this Act

$2,517,279

$2,517,279

37.8. Troop J Specialty Units

Purpose: Support the Forensics Science Division of the Georgia Bureau of Investigation by overseeing and maintaining the entire breath-alcohol program.

Total Funds

$2,460,304

State Funds

$2,460,304

FRIDAY, APRIL 13, 2007

2495

State General Funds

$2,460,304

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$2,291,755

$2,291,755

Annualize the cost of the FY 2007 salary adjustment.

$25,399

$25,399

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$64,881

$64,881

Reflect an adjustment in Workers' Compensation premiums.

$41,048

$41,048

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$37,221

$37,221

Amount appropriated in this Act

$2,460,304

$2,460,304

The following appropriations are for agencies attached for administrative purposes.

37.9. Firefighter Standards and Training Council

Purpose: Provide professionally trained, competent and ethical firefighters with the proper equipment and facilities to ensure a fire safe environment for our citizens and establish professional standards for fire service training including consulting, testing and certification.

Total Funds

$855,403

State Funds

$855,403

State General Funds

$855,403

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$690,145

$690,145

Annualize the cost of the FY 2007 salary adjustment.

$6,146

$6,146

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$21,650

$21,650

Reflect an adjustment in Workers' Compensation

$13,405

$13,405

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premiums.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Provide funds for 1 Systems Analyst II position and 1 additional motor vehicle.
Provide funds for 1 Investigator position.
Delete one-time funding for hardware needed to implement SB 169.
Amount appropriated in this Act

$8,546
$77,051 $60,460 ($22,000) $855,403

$8,546
$77,051 $60,460 ($22,000) $855,403

37.10. Office of Highway Safety

Purpose: Educate the public on highway safety issues and facilitate the implementation of programs to reduce crashes, injuries and fatalities on Georgia roadways.

Total Funds

$3,688,232

Federal Funds and Grants

$3,166,937

Federal Funds Not specifically Identified

$3,166,937

State Funds

$521,295

State General Funds

$521,295

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$503,885

$3,670,822

Annualize the cost of the FY 2007 salary adjustment.

$4,961

$4,961

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$6,011

$6,011

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$6,438

$6,438

Amount appropriated in this Act

$521,295

$3,688,232

37.11. Peace Officers Standards and Training Council (POST)
Purpose: Set standards for the law enforcement community; ensure adequate training at the highest level for all of Georgia's law enforcement officers and public safety professionals; and certify individuals when all requirements are met. Investigate officers and public safety professionals when an allegation of unethical/illegal conduct

FRIDAY, APRIL 13, 2007

2497

is made; sanction these individuals' certification(s) when necessary.

Total Funds

$2,157,879

State Funds

$2,157,879

State General Funds

$2,157,879

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$2,038,767

$2,038,767

Annualize the cost of the FY 2007 salary adjustment.

$17,685

$17,685

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$64,387

$64,387

Reflect an adjustment in Workers' Compensation premiums.

$10,532

$10,532

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$26,508

$26,508

Amount appropriated in this Act

$2,157,879

$2,157,879

37.12. Public Safety Training Center

Purpose: Develop, deliver and facilitate training that results in professional and competent public safety services for the people of Georgia.

Total Funds

$13,896,398

Other Funding Sources

$1,634,073

Agency Funds

$877,160

Other Funds Not Specifically Identified

$756,913

State Funds

$12,262,325

State General Funds

$12,262,325

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$11,646,656 $13,280,729

Annualize the cost of the FY 2007 salary adjustment.

$100,240

$100,240

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$327,857

$327,857

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Reflect an adjustment in Workers' Compensation premiums.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Amount appropriated in this Act

$55,909 $131,663

$55,909 $131,663

$12,262,325 $13,896,398

Section 38: Public Service Commission Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources State Funds
State General Funds Intra-State Government Transfers

$10,391,847 $273,311 $273,311 $0
$10,118,536 $10,118,536
$0

38.1. Administration

Purpose: Assist the Commissioners and staff in achieving the agency's goals.

Total Funds

$1,259,389

State Funds

$1,259,389

State General Funds

$1,259,389

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$1,187,065

$1,187,065

Annualize the cost of the FY 2007 salary adjustment.

$10,949

$10,949

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$4,770

$4,770

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$42,771

$42,771

Reflect an adjustment in Workers' Compensation premiums.

$6,703

$6,703

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance

$16,813

$16,813

FRIDAY, APRIL 13, 2007

2499

increases.
Provide for an adjustment to real estate to accurately reflect the FY 2007 Georgia Building Authority (GBA) rental rate for office space.
Implement the Commission for a New Georgia savings initiative by redistributing $6,932 from telecommunications and $22,698 from computer charges to personal services in the Facilities Protection program to fill a pipeline safety inspector vacancy.
Transfer funds from the Administration program to the Facilities Protection program to properly align real estate expenditures among programs.
Amount appropriated in this Act

$9,630 ($3,852)
($15,460) $1,259,389

$9,630 ($3,852)
($15,460) $1,259,389

38.2. Facility Protection

Purpose: Provide for the protection of the buried utility facility infrastructure within the State of Georgia.

Total Funds

$1,156,599

Federal Funds and Grants

$273,311

Federal Funds Not specifically Identified

$273,311

State Funds

$883,288

State General Funds

$883,288

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$630,324

$903,635

Annualize the cost of the FY 2007 salary adjustment.

$6,640

$6,640

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$2,875

$2,875

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$23,031

$23,031

Reflect an adjustment in Workers' Compensation premiums.

$4,022

$4,022

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$8,927

$8,927

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JOURNAL OF THE HOUSE

Provide for an adjustment to real estate to accurately reflect the FY 2007 Georgia Building Authority (GBA) rental rate for office space.
Implement the Commission for a New Georgia savings initiative by redistributing $6,932 from telecommunications and $22,698 from computer charges to personal services in the Facilities Protection program to fill a pipeline safety inspector vacancy.
Transfer funds from the Administration program ($15,460) and the Utilities Regulation program ($23,685) to the Facilities Protection program to properly align real estate expenditures among programs.
Provide funds for costs for Georgia Utility Facility Protection Act (GUFPA) enforcement cases to encourage compliance and increase training participation.
Add 2 pipeline safety inspector positions and 2 vehicles to enforce federal natural gas regulations.
Amount appropriated in this Act

$8,560 $26,667

$8,560 $26,667

$39,145

$39,145

$25,000

$25,000

$108,097 $883,288

$108,097 $1,156,599

38.3. Utilities Regulation

Purpose: Regulate intrastate telecommunications, natural gas, and electric utilities.

Total Funds

$7,975,859

State Funds

$7,975,859

State General Funds

$7,975,859

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$7,229,706

$7,229,706

Annualize the cost of the FY 2007 salary adjustment.

$69,360

$69,360

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$25,134

$25,134

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$263,207

$263,207

Reflect an adjustment in Workers' Compensation

$31,282

$31,282

FRIDAY, APRIL 13, 2007

premiums.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Provide for an adjustment to real estate to accurately reflect the FY 2007 Georgia Building Authority (GBA) rental rate for office space.
Implement the Commission for a New Georgia savings initiative by redistributing $6,932 from telecommunications and $22,698 from computer charges to personal services in the Facilities Protection program to fill a pipeline safety inspector vacancy.
Transfer funds from the Utilities Regulation program to the Facilities Protection program to properly align real estate expenditures among programs.
Add 1 Public Utility Advisor/Economist position.
Add 1 Financial Analyst/Accountant position.
Provide funds for transportation enforcement.
Amount appropriated in this Act

$102,398 $36,156 ($22,815)
($23,685)
$82,558 $82,558 $100,000 $7,975,859

2501
$102,398 $36,156 ($22,815)
($23,685)
$82,558 $82,558 $100,000 $7,975,859

Section 39: Regents, University System of Georgia Total Funds Federal Funds and Grants Other Funding Sources
Agency Funds Research Funds Other Funds Not Specifically Identified State Funds Tobacco Funds State General Funds Intra-State Government Transfers

$5,065,523,105 $0
$2,922,866,170 $1,319,904,657 $1,598,685,298
$4,276,215 $2,142,656,935
$21,837,799 $2,120,819,136
$0

39.1. Agricultural Experiment Station
Purpose: Improve production, processing, new product development, food safety, storage and marketing to increase profitability and global competitiveness.

2502

JOURNAL OF THE HOUSE

Total Funds

$75,452,694

Other Funding Sources

$32,441,262

Agency Funds

$10,441,262

Research Funds

$22,000,000

State Funds

$43,011,432

State General Funds

$43,011,432

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$40,506,864 $72,948,126

Annualize the cost of the FY 2007 salary adjustment.

$601,972

$601,972

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$469,965

$469,965

Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

$282,420

$282,420

Add funds to reflect the increase in electricity and natural gas.

$300,211

$300,211

Add funds for maintenance and operations.

$700,000

$700,000

Provide funding for a specialist to study insect and disease damage caused by the tomato spotted wilt virus.

$150,000

$150,000

Amount appropriated in this Act

$43,011,432 $75,452,694

39.2. Advanced Technology Development Center/Economic Development Institute

Purpose: Provide strategic business advice and connect its member companies to the people and resources they need to succeed.

Total Funds

$27,982,517

Other Funding Sources

$12,875,000

Agency Funds

$12,875,000

State Funds

$15,107,517

State General Funds

$15,107,517

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

FRIDAY, APRIL 13, 2007

2503

Amount from prior Appropriation Act (HB1027)
Annualize the cost of the FY 2007 salary adjustment.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.
Add funds to reflect the increase in electricity and natural gas.
Expand current staffing levels at the Small Business Innovation Research (SBIR) Assistance Program to allow more counseling with developing companies and increase federal SBIR awards.
Amount appropriated in this Act

State Funds $14,572,215
$174,432
$129,831

Total Funds $27,447,215
$174,432
$129,831

$33,234

$33,234

$7,805 $190,000

$7,805 $190,000

$15,107,517 $27,982,517

39.3. Athens/Tifton Veterinary Laboratories

Purpose: Ensure the safety of our food supply and the health of animals (production, equine, and companion) within the state of Georgia.

Total Funds

$4,882,330

Other Funding Sources

$4,820,138

Research Funds

$4,820,138

State Funds

$62,192

State General Funds

$62,192

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$83,084

$4,737,054

Annualize the cost of the FY 2007 salary adjustment.

$0

$83,084

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$62,192

$62,192

Transfer the FY 2007 payraise funds to the contract

($83,084)

$0

within the Department of Agriculture.

Amount appropriated in this Act

$62,192

$4,882,330

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39.4. Cooperative Extension Service

Purpose: Enhance the quality of life for Georgia's citizens through service, learning and the adaptation of research-based information.

Total Funds

$61,420,638

Other Funding Sources

$23,094,137

Agency Funds

$10,094,137

Research Funds

$13,000,000

State Funds

$38,326,501

State General Funds

$38,326,501

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$33,554,274 $56,648,411

Annualize the cost of the FY 2007 salary adjustment.

$586,158

$586,158

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$454,250

$454,250

Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

$342,242

$342,242

Add funds to reflect the increase in electricity and natural gas.

$289,577

$289,577

Add funds for maintenance and operations.

$300,000

$300,000

Eliminate remaining one-time funds for the Formosan Termite Project.

$150,000

$150,000

Provide funds to complete construction of the Sutton Dining Hall at Rock Eagle.

$2,650,000

$2,650,000

Amount appropriated in this Act

$38,326,501 $61,420,638

39.5. Forestry Cooperative Extension

Purpose: Provide conservation and sustainable management of forests and other natural resources and to put into practice forestry and natural resources knowledge.

Total Funds

$991,253

Other Funding Sources

$300,405

Research Funds

$200,000

Other Funds Not Specifically Identified

$100,405

FRIDAY, APRIL 13, 2007

2505

State Funds

$690,848

State General Funds

$690,848

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$659,442

$959,847

Annualize the cost of the FY 2007 salary adjustment.

$12,000

$12,000

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$9,108

$9,108

Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

$6,838

$6,838

Add funds to reflect the increase in electricity and natural gas.

$3,460

$3,460

Amount appropriated in this Act

$690,848

$991,253

39.6. Forestry Research

Purpose: Sustain competitiveness of Georgia's forest products industry and private land owners through research and meet environmental goals of sustainable forestry initiative.

Total Funds

$5,855,295

Other Funding Sources

$2,550,000

Research Funds

$2,000,000

Other Funds Not Specifically Identified

$550,000

State Funds

$3,305,295

State General Funds

$3,305,295

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$3,134,341

$5,684,341

Annualize the cost of the FY 2007 salary adjustment.

$57,764

$57,764

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$42,002

$42,002

Adjust personal services to reflect an increase in the

$42,224

$42,224

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JOURNAL OF THE HOUSE

employer share of premiums in the University System of Georgia Health Plan.
Add funds to reflect the increase in electricity and natural gas.
Amount appropriated in this Act

$28,964 $3,305,295

$28,964 $5,855,295

39.7. Georgia Radiation Therapy Center Purpose: Provide patient care and education.
Total Funds Other Funding Sources
Other Funds Not Specifically Identified

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

39.8. Georgia Tech Research Institute

Purpose: Aid in the promotion of scientific, engineering, and industrial research for the advancement of science, technology, and education in Georgia.

Total Funds

$130,779,726

Other Funding Sources

$122,917,958

Research Funds

$122,917,958

State Funds

$7,861,768

State General Funds

$7,861,768

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$7,548,482 $130,466,440

Annualize the cost of the FY 2007 salary adjustment.

$134,722

$134,722

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$105,629

$105,629

Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

$34,594

$34,594

Add funds to reflect the increase in electricity and natural gas.

$38,341

$38,341

Amount appropriated in this Act

$7,861,768 $130,779,726

39.9. Marine Extension Services

FRIDAY, APRIL 13, 2007

2507

Purpose: Transfer technology, provide training, and conduct applied research.

Total Funds

$2,780,028

Other Funding Sources

$1,184,800

Agency Funds

$584,800

Research Funds

$600,000

State Funds

$1,595,228

State General Funds

$1,595,228

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$1,528,207

$2,713,007

Annualize the cost of the FY 2007 salary adjustment.

$22,010

$22,010

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$17,242

$17,242

Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

$9,262

$9,262

Add funds to reflect the increase in electricity and natural gas.

$18,507

$18,507

Amount appropriated in this Act

$1,595,228

$2,780,028

39.10. Marine Institute

Purpose: Understand the processes that affect the condition of the salt marsh and coastline.

Total Funds

$1,749,367

Other Funding Sources

$767,633

Agency Funds

$67,633

Research Funds

$700,000

State Funds

$981,734

State General Funds

$981,734

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$943,916

$1,711,549

Annualize the cost of the FY 2007 salary

$5,667

$5,667

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JOURNAL OF THE HOUSE

adjustment.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.
Add funds to reflect the increase in electricity and natural gas.
Amount appropriated in this Act

$9,810

$9,810

$4,968

$4,968

$17,373 $981,734

$17,373 $1,749,367

39.11. Medical College of Georgia Hospitals and Clinics

Purpose: Care for, teach, and refer clients.

Total Funds

$33,181,112

State Funds

$33,181,112

State General Funds

$33,181,112

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$32,272,644 $32,272,644

Annualize the cost of the FY 2007 salary adjustment.

$511,450

$511,450

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$397,018

$397,018

Amount appropriated in this Act

$33,181,112 $33,181,112

39.12. Office of Minority Business Enterprises

Purpose: Provide assistance in the mitigation of factors that place minority businesses in a disadvantaged position.

Total Funds

$884,273

State Funds

$884,273

State General Funds

$884,273

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$860,161

$860,161

FRIDAY, APRIL 13, 2007

2509

Annualize the cost of the FY 2007 salary adjustment.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
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

$10,052 $6,910 $7,150 $884,273

$10,052 $6,910 $7,150 $884,273

39.13. Public Libraries

Purpose: Provide library services for Georgians and to award grants from the Public Library Fund.

Total Funds

$44,547,501

Other Funding Sources

$4,522,400

Agency Funds

$4,522,400

State Funds

$40,025,101

State General Funds

$40,025,101

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$37,968,698 $42,491,098

Annualize the cost of the FY 2007 salary adjustment.

$440,850

$440,850

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$975,343

$975,343

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$314,188

$314,188

Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

$9,728

$9,728

Add funds to the public library state grants formula based on an increase in state population.

$297,294

$297,294

Provide funding for needed equipment at the Glynn County Library.

$19,000

$19,000

Amount appropriated in this Act

$40,025,101 $44,547,501

2510

JOURNAL OF THE HOUSE

39.14. Public Service/Special Funding Initiatives

Purpose: Provide leadership, service, and education.

Total Funds

$46,596,344

State Funds

$46,596,344

Tobacco Funds

$5,000,000

State General Funds

$41,596,344

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$32,417,559 $32,417,559

Annualize the cost of the FY 2007 salary adjustment.

$287,886

$287,886

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$161,903

$161,903

Remove one-time funding for the bio-business incubator at the Medical College of Georgia.

($500,000)

($500,000)

Provide funding to the Medical College of Georgia for faculty and operating expenses to expand the medical school to the Athens area.

$2,838,996

$2,838,996

Add funds for the UGA-Griffin campus to expand education course offerings.

$500,000

$500,000

Provide one-time funding to support the Georgia Gwinnett College.

$10,000,000 $10,000,000

Provide funding to study Medical College of Georgia capacity and future expansion opportunities at the Augusta campus.

$0

$0

Provide funding for the Georgia Water Planning and Policy Center at Albany State University.

$800,000

$800,000

Provide funding for The Washington Center for Internships and Academic Seminars: Georgia Initiative - a program providing 18 tuition scholarships at $5,000 each for Georgia students interested in experiencing and extending their education by serving a semester in Washington D.C.

$90,000

$90,000

Amount appropriated in this Act

$46,596,344 $46,596,344

39.15. Regents Central Office

FRIDAY, APRIL 13, 2007

2511

Purpose: The purpose is to provide administrative support to all colleges and universities in the university system.

Total Funds

$8,691,995

State Funds

$8,691,995

State General Funds

$8,691,995

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$7,984,377

$7,984,377

Annualize the cost of the FY 2007 salary adjustment.

$110,130

$110,130

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$55,349

$55,349

Reflect an adjustment in Workers' Compensation premiums.

$150,247

$150,247

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$96,340

$96,340

Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

$43,414

$43,414

Increase funding for SREB dues, the Regional Contract program to meet actual contract costs, and the Minority Doctoral Scholars program to add 3 additional students.

$252,138

$252,138

Amount appropriated in this Act

$8,691,995

$8,691,995

39.16. Research Consortium

Purpose: Conduct research to further industry in the State of Georgia.

Total Funds

$37,045,015

State Funds

$37,045,015

Tobacco Funds

$750,000

State General Funds

$36,295,015

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$26,400,251 $26,400,251

Annualize the cost of the FY 2007 salary

$108,692

$108,692

2512

JOURNAL OF THE HOUSE

adjustment. Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases. Add funds for life sciences vaccine research. Provide funding for food processing equipment. Amount appropriated in this Act

$236,072

$236,072

$10,000,000 $300,000
$37,045,015

$10,000,000 $300,000
$37,045,015

39.17. Skidaway Institute of Oceanography

Purpose: Provide a center of excellence in marine and ocean science research which expands the body of knowledge on marine environments.

Total Funds

$7,393,858

Other Funding Sources

$5,658,000

Agency Funds

$1,545,000

Research Funds

$4,113,000

State Funds

$1,735,858

State General Funds

$1,735,858

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$1,634,073

$7,292,073

Annualize the cost of the FY 2007 salary adjustment.

$24,570

$24,570

Reflect an adjustment in Workers' Compensation premiums.

$28,046

$28,046

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$19,115

$19,115

Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

$6,906

$6,906

Add funds to reflect the increase in electricity and natural gas.

$23,148

$23,148

Amount appropriated in this Act

$1,735,858

$7,393,858

39.18. Student Education Enrichment Program
Purpose: Provide underrepresented Georgia residents the opportunity to acquire educational experiences.

FRIDAY, APRIL 13, 2007

2513

Total Funds

$314,737

State Funds

$314,737

State General Funds

$314,737

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$308,315

$308,315

Annualize the cost of the FY 2007 salary adjustment.

$3,056

$3,056

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$1,660

$1,660

Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

$1,706

$1,706

Amount appropriated in this Act

$314,737

$314,737

39.19. Teaching

Purpose: 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

$4,509,311,422

Other Funding Sources

$2,687,184,336

Agency Funds

$1,258,850,134

Research Funds

$1,428,334,202

State Funds

$1,822,127,086

State General Funds

$1,822,127,086

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027) $1,657,191,538 $4,347,415,374

Annualize the cost of the FY 2007 salary adjustment.

$27,456,056 $27,456,056

Reflect an adjustment in Workers' Compensation premiums.

$8,769,436

$8,769,436

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$21,234,057 $21,234,057

Fully fund enrollment increase based on a 1.8%

$75,587,284 $75,587,284

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JOURNAL OF THE HOUSE

increase in semester credit hours and operating expenses related to additional square footage.
Add funds for Major Repairs and Renovations (MRR) to reflect a 4 year phase-in to fund MRR in cash rather than bonds.
Transfer funds for HB 400 from Teachers' Retirement System (TRS) to the Board of Regents to properly reflect the employer rate increase for TRS members from 9.24% to 9.28%.
Transfer funds from DTAE to Board of Regents to merge Georgia Aviation Technical College and Middle Georgia College within the University System.
Remove DOAS Indirect Cost to properly reflect base (Other Funds: $3,039,500).
Address retention of nursing faculty by adjusting salaries for clinical nursing staff to minimize the differential between faculty salary and the market.
Provide funding for the Darton College Cordele Campus to help defray costs associated with needed roof repairs, office supplies, and furniture.
Provide funding for a Physical Education addition at Kennesaw State University.
Provide one-time funding to match private funding for equipment needed to further the partnership between the UGA Vet. School and the Georgia Aquarium.
Provide funding for a study of townships and the feasibility of creating new counties.
Provide needed infrastructure funding to accommodate the growth and expansion at the UGA Griffin Campus.
Provide funding for the Fort Valley Cooperative Energy Program.
Provide funding for Outdoor Education at Middle Georgia College.
Provide funding for the planning and design of the Charlie Norwood Dental School at MCG in Augusta.
Amount appropriated in this Act

$17,500,000 $321,950
$3,691,765
$0 $0 $75,000 $150,000 $2,500,000
$500,000 $1,300,000
$100,000 $750,000 $5,000,000 $1,822,127,086

$17,500,000 $321,950
$3,691,765
($3,039,500) $0
$75,000 $150,000 $2,500,000
$500,000 $1,300,000
$100,000 $750,000 $5,000,000 $4,509,311,422

FRIDAY, APRIL 13, 2007

2515

39.20. Veterinary Medicine Experiment Station

Purpose: Coordinate and conduct research on animal disease problems of present and potential concern to Georgia's livestock and poultry industries.

Total Funds

$3,384,254

State Funds

$3,384,254

State General Funds

$3,384,254

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$3,249,577

$3,249,577

Annualize the cost of the FY 2007 salary adjustment.

$54,540

$54,540

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$38,569

$38,569

Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

$41,568

$41,568

Amount appropriated in this Act

$3,384,254

$3,384,254

39.21. Veterinary Medicine Teaching Hospital

Purpose: Provide state of the art capabilities in diagnostic imaging, including MRI, CT scanning, nuclear scintigraphy, and various methods of ultrasonography.

Total Funds

$7,202,585

Other Funding Sources

$6,700,000

Agency Funds

$6,700,000

State Funds

$502,585

State General Funds

$502,585

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$489,727

$7,189,727

Annualize the cost of the FY 2007 salary adjustment.

$5,272

$5,272

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$4,176

$4,176

2516

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.
Amount appropriated in this Act

$3,410

$3,410

$502,585

$7,202,585

39.22. Payments to the Georgia Cancer Coalition

Purpose: Provide funds to the Georgia Cancer Coalition for ongoing research and preventative measures.

Total Funds

$16,087,799

State Funds

$16,087,799

Tobacco Funds

$16,087,799

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$9,982,554

$9,982,554

Provide funding for coalition staff and regular operating expenses.

$89,289

$89,289

Provide funding to recruit 20 Eminent Cancer Scientists and Clinicians.

$1,707,623

$1,707,623

Provide one-time funding for the continued development of the Quality Information Exchange.

$3,783,333

$3,783,333

Provide funding for the Regional Programs of Excellence to provide community prevention and screening activities.

$300,000

$300,000

Provide funding to continue development and expansion of the oncology clinical trials network.

$125,000

$125,000

Reduce Cancer Coalition Initiatives base funding to redirect to core funding for Regional Cancer Centers.

($500,000)

($500,000)

Provide core operational funding for the Southwest Georgia Cancer Coalition.

$100,000

$100,000

Provide core operational funding for the Central Georgia Cancer Coalition.

$100,000

$100,000

Provide core operational funding for the East Georgia Cancer Network.

$100,000

$100,000

Provide core operational funding for the Northwest Georgia Regional Cancer Coalition.

$100,000

$100,000

Provide core operational funding for the Southeast

$100,000

$100,000

FRIDAY, APRIL 13, 2007

2517

Georgia Cancer Alliance. Provide core operational funding for the West Central Georgia Cancer Coalition. Amount appropriated in this Act

$100,000 $16,087,799

$100,000 $16,087,799

The following appropriations are for agencies attached for administrative purposes.

39.23. Payments to Georgia Military College

Purpose: Provide Quality Basic Education (QBE) funding for the grades 6-12 middle school/high school.

Total Funds

$3,062,152

State Funds

$3,062,152

State General Funds

$3,062,152

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$2,660,060

$2,660,060

Increase funds for health insurance for noncertificated personnel to reflect an adjustment in the State Health Benefit Plan per member/per month rates.

$117,113

$117,113

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$97,152

$97,152

Reflect an adjustment in Workers' Compensation premiums.

$95,658

$95,658

Increase QBE funds for the preparatory school students at Georgia Military College.

$92,169

$92,169

Amount appropriated in this Act

$3,062,152

$3,062,152

39.24. Payments to Georgia Public Telecommunications Commission

Purpose: 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

$32,300,400

Other Funding Sources

$14,224,291

Agency Funds

$14,224,291

State Funds

$18,076,109

2518

JOURNAL OF THE HOUSE

State General Funds

$18,076,109

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$17,023,143 $31,247,434

Annualize the cost of the FY 2007 salary adjustment.

$75,104

$75,104

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$3,299

$3,299

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$354,190

$354,190

Reflect an adjustment in Workers' Compensation premiums.

$30,233

$30,233

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$103,064

$103,064

Add funds for 5 positions to monitor the digital and analog signals continuously.

$370,676

$370,676

Increase funds for utilities to maintain both digital and analog concurrently until FY 2010.

$116,400

$116,400

Amount appropriated in this Act

$18,076,109 $32,300,400

Section 40: Revenue, Department of Total Funds Federal Funds and Grants Other Funding Sources
Agency Funds Other Funds Not Specifically Identified State Funds Tobacco Funds State General Funds Intra-State Government Transfers

$559,862,632 $0
$7,005,348 $5,925,898 $1,079,450 $552,857,284
$150,000 $552,707,284
$0

40.1. Administration Purpose: Administer and enforce the tax laws of the State of Georgia and provide

FRIDAY, APRIL 13, 2007

2519

general support services to the operating programs of the Department of Revenue.

Total Funds

$4,238,694

State Funds

$4,238,694

State General Funds

$4,238,694

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$4,053,813

$4,053,813

Annualize the cost of the FY 2007 salary adjustment.

$18,137

$18,137

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$117,134

$117,134

Reflect an adjustment in Workers' Compensation premiums.

$10,858

$10,858

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$40,087

$40,087

Realize CNG savings by reducing $30,408 from telecommunications and $199,783 from regular operating.

($1,335)

($1,335)

Amount appropriated in this Act

$4,238,694

$4,238,694

40.2. Customer Service

Purpose: Assure that all state revenue collection activities proceed in a manner consistent with promoting voluntary compliance and the Taxpayer Bill of Rights.

Total Funds

$13,404,351

Other Funding Sources

$2,110,135

Agency Funds

$2,110,135

State Funds

$11,294,216

State General Funds

$11,294,216

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$10,709,219 $12,819,354

Annualize the cost of the FY 2007 salary adjustment.

$82,894

$82,894

Reflect an adjustment in the employer share of the

$333,388

$333,388

2520

JOURNAL OF THE HOUSE

State Health Benefit Plan premiums from 16.713% to 22.843%.
Reflect an adjustment in Workers' Compensation premiums.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Transfer the State Board of Equalization program to Customer Service as a subprogram.
Amount appropriated in this Act

$49,618 $114,097

$49,618 $114,097

$5,000 $11,294,216

$5,000 $13,404,351

40.3. Homeowner Tax Relief Grants (HTRG)

Purpose: Provide homeowners' tax relief grants to counties and local school districts, for which the eligible assessed value of each qualified homestead in the state shall be $8,000 for the taxable year beginning January 1, 2007.

Total Funds

$428,290,501

State Funds

$428,290,501

State General Funds

$428,290,501

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

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

Reduce funding for Homeowner Tax Relief Grants. ($4,000,000) ($4,000,000)

Amount appropriated in this Act

$428,290,501 $428,290,501

40.4. Local Tax Officials Retirement and FICA Total Funds State Funds State General Funds

$3,785,079 $3,785,079 $3,785,079

40.5. Revenue Processing

Purpose: 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

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

FRIDAY, APRIL 13, 2007

2521

Amount from prior Appropriation Act (HB1027) Change program name from Revenue Processing to Documents Processing and Deposits. Amount appropriated in this Act

State Funds $40,595,061 ($40,595,061)

Total Funds $41,021,830 ($41,021,830)

$0

$0

40.6. Salvage Inspection

Purpose: Inspect rebuilt salvage vehicles.

Total Funds

$1,671,368

State Funds

$1,671,368

State General Funds

$1,671,368

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$1,581,159

$1,581,159

Annualize the cost of the FY 2007 salary adjustment.

$11,557

$11,557

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$3,832

$3,832

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$50,588

$50,588

Reflect an adjustment in Workers' Compensation premiums.

$6,919

$6,919

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$17,313

$17,313

Amount appropriated in this Act

$1,671,368

$1,671,368

40.7. Industry Regulation

Purpose: Provide regulation of the distribution, sale, and consumption of alcoholic beverages and tobacco products and ensure all coin operated amusement machines are properly licensed and decaled.

Total Funds

$4,879,168

State Funds

$4,879,168

Tobacco Funds

$150,000

State General Funds

$4,729,168

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 (HB1027)

$4,646,971

$4,646,971

Annualize the cost of the FY 2007 salary adjustment.

$28,283

$28,283

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$7,585

$7,585

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$133,657

$133,657

Reflect an adjustment in Workers' Compensation premiums.

$16,930

$16,930

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$45,742

$45,742

Amount appropriated in this Act

$4,879,168

$4,879,168

40.8. State Board of Equalization

Purpose: 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

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$5,000

$5,000

Transfer the State Board of Equalization program to Customer Service as a subprogram.

($5,000)

($5,000)

Amount appropriated in this Act

$0

$0

40.9. Tag and Title Registration Purpose: Establish motor vehicle ownership.
Total Funds Other Funding Sources
Other Funds Not Specifically Identified State Funds

$23,870,646 $652,681 $652,681
$23,217,965

FRIDAY, APRIL 13, 2007

2523

State General Funds

$23,217,965

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$22,541,777 $23,194,458

Annualize the cost of the FY 2007 salary adjustment.

$102,364

$102,364

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$19,861

$19,861

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$389,723

$389,723

Reflect an adjustment in Workers' Compensation premiums.

$61,273

$61,273

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$133,376

$133,376

Realize CNG savings by reducing $30,408 from telecommunications and $199,783 from regular operating.

($30,409)

($30,409)

Amount appropriated in this Act

$23,217,965 $23,870,646

40.10. Tax Compliance

Purpose: Ensure that all taxpayers pay the correct amount of taxes owed under the law.

Total Funds

$37,422,896

Other Funding Sources

$3,815,763

Agency Funds

$3,815,763

State Funds

$33,607,133

State General Funds

$33,607,133

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$28,603,204 $32,418,967

Annualize the cost of the FY 2007 salary adjustment.

$218,065

$218,065

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$974,980

$974,980

2524

JOURNAL OF THE HOUSE

Reflect an adjustment in Workers' Compensation premiums.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Realize CNG savings ($244,404)and provide additional funds ($492,792) to add 12 compliance auditors.
Provide funds for the implementation of a data warehouse to allow for the identification of underreporting and non-reporting taxpayers.
Amount appropriated in this Act

$130,530 $343,158

$130,530 $343,158

$737,196

$737,196

$2,600,000

$2,600,000

$33,607,133 $37,422,896

40.11. Documents Processing and Deposits

Purpose: Ensure that all tax payments are received, credited, and deposited according to sound business practices and the law, and ensure that all tax returns are reviewed and recorded to accurately update taxpayer information.

Total Funds

$42,299,929

Other Funding Sources

$426,769

Other Funds Not Specifically Identified

$426,769

State Funds

$41,873,160

State General Funds

$41,873,160

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$0

$0

Annualize the cost of the FY 2007 salary adjustment.

$201,825

$201,825

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$36,755

$36,755

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$832,311

$832,311

Reflect an adjustment in Workers' Compensation premiums.

$120,811

$120,811

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$284,844

$284,844

FRIDAY, APRIL 13, 2007

2525

Change program name from Revenue Processing to Documents Processing and Deposits.
Realize CNG savings by reducing $30,408 from telecommunications and $199,783 from regular operating.
Redirect costs between object classes to cover increased GTA utilization costs as a result of the Integrated Tax System.
Amount appropriated in this Act

$40,595,061 ($198,447)

$41,021,830 ($198,447)

$0

$0

$41,873,160 $42,299,929

Section 41: Secretary of State Total Funds Federal Funds and Grants Other Funding Sources
Records Center Storage Fee Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers

$41,146,393 $0
$1,500,283 $435,771
$1,064,512 $39,646,110 $39,646,110
$0

41.1. Administration

Purpose: Provide administrative support to the Office of Secretary of State and its attached agencies.

Total Funds

$5,264,218

Other Funding Sources

$30,000

Other Funds Not Specifically Identified

$30,000

State Funds

$5,234,218

State General Funds

$5,234,218

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$4,882,454

$4,912,454

Annualize the cost of the FY 2007 salary adjustment.

$40,929

$40,929

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$4,243

$4,243

2526

JOURNAL OF THE HOUSE

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.
Reflect an adjustment in Workers' Compensation premiums.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Realize CNG savings by reducing state funds $35,982 and redistributing $60,981 in state funds to fund the replacement of computers ($15,000) in the Elections program, maintenance costs and software licenses for L2K, Web Lookup, and My License in the Securities program ($25,000), and an enhancement and maintenance of the proprietary computer system used by the Corporations program ($20,981).
Provide funds for the Silver-Haired Legislature.
Amount appropriated in this Act

$183,097 $27,492 $70,639 ($24,636)

$183,097 $27,492 $70,639
($24,636)

$50,000 $5,234,218

$50,000 $5,264,218

41.2. Archives

Purpose: 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

$6,714,809

Other Funding Sources

$510,771

Records Center Storage Fee

$435,771

Other Funds Not Specifically Identified

$75,000

State Funds

$6,204,038

State General Funds

$6,204,038

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$5,972,322

$6,481,075

Annualize the cost of the FY 2007 salary adjustment.

$23,775

$25,793

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$8,718

$8,718

Reflect an adjustment in the employer share of the

$122,422

$122,422

FRIDAY, APRIL 13, 2007

2527

State Health Benefit Plan premiums from 16.713% to 22.843%.
Reflect an adjustment in Workers' Compensation premiums.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Realize CNG savings by reducing state funds $35,982 and redistributing $60,981 in state funds to fund the replacement of computers ($15,000) in the Elections program, maintenance costs and software licenses for L2K, Web Lookup, and My License in the Securities program ($25,000), and an enhancement and maintenance of the proprietary computer system used by the Corporations program ($20,981).
Increase funding for real estate rental rate escalation.
Amount appropriated in this Act

$18,382 $47,231 ($1,859)
$13,047 $6,204,038

$18,382 $47,231 ($1,859)
$13,047 $6,714,809

41.3. Capitol Tours

Purpose: Provide guided informational tours of the State Capitol.

Total Funds

$165,573

State Funds

$165,573

State General Funds

$165,573

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$155,777

$155,777

Annualize the cost of the FY 2007 salary adjustment.

$1,189

$1,189

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$5,696

$5,696

Reflect an adjustment in Workers' Compensation premiums.

$855

$855

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$2,197

$2,197

Realize CNG savings by reducing state funds

($141)

($141)

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JOURNAL OF THE HOUSE

$35,982 and redistributing $60,981 in state funds to fund the replacement of computers ($15,000) in the Elections program, maintenance costs and software licenses for L2K, Web Lookup, and My License in the Securities program ($25,000), and an enhancement and maintenance of the proprietary computer system used by the Corporations program ($20,981).
Amount appropriated in this Act

$165,573

$165,573

41.4. Corporations

Purpose: Accept and review findings made pursuant to statutes; issue certifications of records on file; and provide information to the public on all filed entities.

Total Funds

$2,065,633

Other Funding Sources

$739,512

Other Funds Not Specifically Identified

$739,512

State Funds

$1,326,121

State General Funds

$1,326,121

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$1,197,789

$1,937,301

Annualize the cost of the FY 2007 salary adjustment.

$13,736

$13,736

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$6,155

$6,155

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$61,238

$61,238

Reflect an adjustment in Workers' Compensation premiums.

$9,195

$9,195

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$23,626

$23,626

Realize CNG savings by reducing state funds $35,982 and redistributing $60,981 in state funds to fund the replacement of computers ($15,000) in the Elections program, maintenance costs and software licenses for L2K, Web Lookup, and My License in

$14,382

$14,382

FRIDAY, APRIL 13, 2007

2529

the Securities program ($25,000), and an enhancement and maintenance of the proprietary computer system used by the Corporations program ($20,981).
Amount appropriated in this Act

$1,326,121

$2,065,633

41.5. Elections

Purpose: 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

$5,333,929

Other Funding Sources

$20,000

Other Funds Not Specifically Identified

$20,000

State Funds

$5,313,929

State General Funds

$5,313,929

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$5,159,663

$5,179,663

Annualize the cost of the FY 2007 salary adjustment.

$16,668

$16,668

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$3,358

$3,358

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$70,209

$70,209

Reflect an adjustment in Workers' Compensation premiums.

$10,542

$10,542

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$27,087

$27,087

Realize CNG savings by reducing state funds $35,982 and redistributing $60,981 in state funds to fund the replacement of computers ($15,000) in the Elections program, maintenance costs and software licenses for L2K, Web Lookup, and My License in the Securities program ($25,000), and an

($23,598)

($23,598)

2530

JOURNAL OF THE HOUSE

enhancement and maintenance of the proprietary computer system used by the Corporations program ($20,981).
Remove one-time funding associated with SB 500.
Provide funding for an independent audit of Georgia's elections procedures, guidelines and security measures.
Amount appropriated in this Act

($50,000) $100,000

($50,000) $100,000

$5,313,929

$5,333,929

41.6. Professional Licensing Boards

Purpose: Protect the public health and welfare by supporting all operations of Boards which license professions.

Total Funds

$12,122,078

Other Funding Sources

$150,000

Other Funds Not Specifically Identified

$150,000

State Funds

$11,972,078

State General Funds

$11,972,078

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$11,354,435 $11,504,435

Annualize the cost of the FY 2007 salary adjustment.

$66,017

$66,017

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$359,809

$359,809

Reflect an adjustment in Workers' Compensation premiums.

$54,026

$54,026

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$138,816

$138,816

Realize CNG savings by reducing state funds $35,982 and redistributing $60,981 in state funds to fund the replacement of computers ($15,000) in the Elections program, maintenance costs and software licenses for L2K, Web Lookup, and My License in the Securities program ($25,000), and an enhancement and maintenance of the proprietary computer system used by the Corporations program

($24,072)

($24,072)

FRIDAY, APRIL 13, 2007

2531

($20,981).
Eliminate one-time funding for motor vehicle purchases.
Increase funding for real estate rental rate escalation.
Provide funding for an independent audit of the Professional Licensing Boards to improve customer service.
Amount appropriated in this Act

($90,000) $13,047
$100,000
$11,972,078

($90,000) $13,047
$100,000
$12,122,078

41.7. Securities

Purpose: 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

$2,266,515

Other Funding Sources

$50,000

Other Funds Not Specifically Identified

$50,000

State Funds

$2,216,515

State General Funds

$2,216,515

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$2,040,428

$2,090,428

Annualize the cost of the FY 2007 salary adjustment.

$18,911

$18,911

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$4,838

$4,838

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$83,594

$83,594

Reflect an adjustment in Workers' Compensation premiums.

$12,551

$12,551

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$32,251

$32,251

Realize CNG savings by reducing state funds $35,982 and redistributing $60,981 in state funds to fund the replacement of computers ($15,000) in the Elections program, maintenance costs and software

$23,942

$23,942

2532

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licenses for L2K, Web Lookup, and My License in the Securities program ($25,000), and an enhancement and maintenance of the proprietary computer system used by the Corporations program ($20,981).
Amount appropriated in this Act

$2,216,515

$2,266,515

The following appropriations are for agencies attached for administrative purposes.

41.8. Georgia Commission on the Holocaust

Purpose: 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

$345,743

State Funds

$345,743

State General Funds

$345,743

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$278,412

$278,412

Annualize the cost of the FY 2007 salary adjustment.

$1,892

$1,892

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$10,002

$10,002

Reflect an adjustment in Workers' Compensation premiums.

$1,656

$1,656

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$3,781

$3,781

Provide additional funding for personal services ($20,000), travel ($15,000) and printing and postage ($15,000) for the mailing of the Art and Writing Contest and the Distinguished Teacher Award.

$50,000

$50,000

Amount appropriated in this Act

$345,743

$345,743

41.9. Georgia Drugs and Narcotics Agency

FRIDAY, APRIL 13, 2007

2533

Purpose: 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

$1,457,904

State Funds

$1,457,904

State General Funds

$1,457,904

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$1,362,884

$1,362,884

Annualize the cost of the FY 2007 salary adjustment.

$10,966

$10,966

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$54,661

$54,661

Reflect an adjustment in Workers' Compensation premiums.

$8,097

$8,097

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$21,296

$21,296

Amount appropriated in this Act

$1,457,904

$1,457,904

41.10. Georgia Real Estate Commission

Purpose: Administer the license law for real estate brokers and salespersons and provide administrative support to the Georgia Real Estate Appraisers Board in their administration of the Real Estate Appraisal.

Total Funds

$3,537,308

State Funds

$3,537,308

State General Funds

$3,537,308

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$3,253,396

$3,253,396

Annualize the cost of the FY 2007 salary adjustment.

$16,992

$16,992

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$98,353

$98,353

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Reflect an adjustment in Workers' Compensation premiums.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Provide additional funding for 2 investigator positions.
Increase funds to replace 1 motor vehicle with mileage in excess of 135,000 miles.
Amount appropriated in this Act

$15,084 $38,785

$15,084 $38,785

$97,426 $17,272 $3,537,308

$97,426 $17,272 $3,537,308

41.11. State Ethics Commission

Purpose: 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

$1,872,683

State Funds

$1,872,683

State General Funds

$1,872,683

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$1,606,602

$1,606,602

Annualize the cost of the FY 2007 salary adjustment.

$5,281

$5,281

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$3,175

$3,175

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$57,453

$57,453

Reflect an adjustment in Workers' Compensation premiums.

$4,981

$4,981

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$23,262

$23,262

Reduce one-time operational funding ($648,997) and realize CNG savings by reducing telecommunications ($1,003).

$0

$0

Provide funds for moving expenses and additional real estate rent.

$171,929

$171,929

FRIDAY, APRIL 13, 2007

Amount appropriated in this Act

$1,872,683

2535 $1,872,683

Section 42: Soil and Water Conservation Commission Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources
Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers

$14,111,720 $2,311,431 $2,311,431 $8,280,169 $8,147,106 $133,063 $3,520,120 $3,520,120 $0

42.1. Administration

Purpose: Protect, conserve, and improve the soil and water resources of the State of Georgia.

Total Funds

$640,246

State Funds

$640,246

State General Funds

$640,246

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$599,541

$599,541

Annualize the cost of the FY 2007 salary adjustment.

$5,758

$5,758

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$12,757

$12,757

Reflect an adjustment in Workers' Compensation premiums.

$2,347

$2,347

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$4,574

$4,574

Redirect motor vehicle funds from the Water Resources and Land Use Planning program to replace high-mileage vehicles.

$15,269

$15,269

2536

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Amount appropriated in this Act

$640,246

$640,246

42.2. Conservation of Agricultural Water Supplies

Purpose: Conserve the use of Georgia's ground and surface water by agricultural water users.

Total Funds

$9,793,823

Federal Funds and Grants

$1,631,804

Federal Funds Not specifically Identified

$1,631,804

Other Funding Sources

$7,847,716

Agency Funds

$7,847,716

State Funds

$314,303

State General Funds

$314,303

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$263,933

$9,743,453

Annualize the cost of the FY 2007 salary adjustment.

$2,360

$2,360

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$24,838

$24,838

Reflect an adjustment in Workers' Compensation premiums.

$5,699

$5,699

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$8,904

$8,904

Redirect motor vehicle funds from the Water Resources and Land Use Planning program to replace high-mileage vehicles.

$8,569

$8,569

Amount appropriated in this Act

$314,303

$9,793,823

42.3. Conservation of Soil and Water Resources

Purpose: Conserve Georgia's rich natural resources through voluntary implementation of conservation best management practices on agricultural lands.

Total Funds

$2,693,410

Federal Funds and Grants

$679,627

Federal Funds Not specifically Identified

$679,627

FRIDAY, APRIL 13, 2007

2537

Other Funding Sources

$432,453

Agency Funds

$299,390

Other Funds Not Specifically Identified

$133,063

State Funds

$1,581,330

State General Funds

$1,581,330

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$1,171,645

$2,550,662

Annualize the cost of the FY 2007 salary adjustment.

$11,495

$11,495

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$46,143

$46,143

Reflect an adjustment in Workers' Compensation premiums.

$12,405

$12,405

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$16,543

$16,543

Redirect motor vehicle funds from the Water Resources and Land Use Planning program to replace high-mileage vehicles.

$56,162

$56,162

Replace other funds with state general funds to

$266,937

$0

continue the Erosion & Sedimentation Control

certification program as mandated by O.C.G.A. 12-

7-9(a).

Amount appropriated in this Act

$1,581,330

$2,693,410

42.4. USDA Flood Control Watershed Structures

Purpose: Provide flood retarding, water quality, recreation, and water supply benefits to Georgia citizens.

Total Funds

$106,696

State Funds

$106,696

State General Funds

$106,696

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$105,054

$105,054

2538

JOURNAL OF THE HOUSE

Annualize the cost of the FY 2007 salary adjustment.
Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Amount appropriated in this Act

$247 $1,027
$368 $106,696

$247 $1,027
$368 $106,696

42.5. Water Resources and Land Use Planning

Purpose: Improve understanding of water use and develop plans that improve water management and efficiency.

Total Funds

$877,545

State Funds

$877,545

State General Funds

$877,545

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$957,304

$957,304

Annualize the cost of the FY 2007 salary adjustment.

$24

$24

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$160

$160

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$57

$57

Redirect motor vehicle funds from the Water Resources and Land Use Planning program to replace high-mileage vehicles.

($80,000)

($80,000)

Amount appropriated in this Act

$877,545

$877,545

Section 43: Student Finance Commission and Authority, Georgia Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified

$563,063,788 $520,653 $520,653

FRIDAY, APRIL 13, 2007

2539

Other Funding Sources Other Funds Not Specifically Identified
State Funds Lottery Funds State General Funds
Intra-State Government Transfers

$5,622,493 $5,622,493 $556,920,642 $516,697,160 $40,223,482
$0

43.1. Accel

Purpose: Allow students to pursue postsecondary 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

43.2. Engineer Scholarship

Purpose: 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

43.3. Georgia Military College Scholarship

Purpose: Provide outstanding students with a full scholarship to attend Georgia Military College, thereby strengthening Georgia's National Guard with their membership.

Total Funds

$1,228,708

State Funds

$1,228,708

Lottery Funds

$1,228,708

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$770,477

$770,477

Redirect excess funds from the HOPE Grant program to the Georgia Military College Scholarship program to fund additional students

$458,231

$458,231

2540

JOURNAL OF THE HOUSE

returning from military deployment. Amount appropriated in this Act

$1,228,708

$1,228,708

43.4. Governor's Scholarship Program

Purpose: Recognize graduating Georgia high school seniors who are valedictorians or STAR students 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

43.5. Guaranteed Educational Loans

Purpose: Provide service cancelable loans to students enrolled in critical fields of study, which include nursing, physical therapy and pharmacy.

Total Funds

$4,049,883

Other Funding Sources

$250,000

Other Funds Not Specifically Identified

$250,000

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 (HB1027)

$3,799,883

$4,079,883

Eliminate one-time appropriation for nursing service cancelable loans (Other Funds: $280,000).

$0

($280,000)

Address recruitment of nursing faculty by providing 25 service cancelable loans for advanced degrees (Other Funds: $250,000).

$0

$250,000

Amount appropriated in this Act

$3,799,883

$4,049,883

43.6. HERO Scholarship

Purpose: 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

$918,000

Other Funding Sources

$718,000

Other Funds Not Specifically Identified

$718,000

FRIDAY, APRIL 13, 2007

2541

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 (HB1027)

$200,000

$200,000

Increase funding for the HERO Scholarship to serve an additional 359 students (Other Funds: $718,000).

$0

$718,000

Amount appropriated in this Act

$200,000

$918,000

43.7. HOPE Administration

Total Funds

$5,887,232

Other Funding Sources

$500,000

Other Funds Not Specifically Identified

$500,000

State Funds

$5,387,232

Lottery Funds

$5,228,320

State General Funds

$158,912

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$5,228,320

$5,228,320

Provide funds to expand marketing efforts of GAcollege411 in order to increase access to college (Other Funds: $500,000).

$0

$500,000

Increase access to college by providing 4 financial aid consultants to educate students, parents, counselors, and graduation coaches on resources available through GAcollege411.

$158,912

$158,912

Amount appropriated in this Act

$5,387,232

$5,887,232

43.8. HOPE GED

Purpose: Award a $500 voucher once to each student receiving a general educational development (GED) diploma awarded by the Georgia Department of Technical and Adult Education.

Total Funds

$2,461,614

State Funds

$2,461,614

Lottery Funds

$2,461,614

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43.9. HOPE Grant

Purpose: Provide grants to students seeking a diploma or certificate at a public postsecondary institution.

Total Funds

$104,972,024

State Funds

$104,972,024

Lottery Funds

$104,972,024

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$122,784,173 $122,784,173

Transfer excess HOPE Grant funds to Bright from the Start: Georgia Department of Early Care and Learning in order to fund enrollment growth and rate changes in the Pre-Kindergarten program.

($17,353,918)

($17,353,918)

Redirect excess funds from the HOPE Grant program to the Georgia Military College Scholarship program to fund additional students returning from military deployment.

($458,231)

($458,231)

Amount appropriated in this Act

$104,972,024 $104,972,024

43.10. HOPE Scholarships - Private Schools

Purpose: Provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible private postsecondary institution.

Total Funds

$45,651,732

State Funds

$45,651,732

Lottery Funds

$45,651,732

43.11. HOPE Scholarships - Public Schools

Purpose: Provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible public postsecondary institution.

Total Funds

$338,950,936

State Funds

$338,950,936

Lottery Funds

$338,950,936

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$344,500,917 $344,500,917

FRIDAY, APRIL 13, 2007

2543

Transfer excess HOPE Scholarship-Public Schools funds to Bright from the Start: Georgia Department of Early Care and Learning in order to fund enrollment growth and rate changes in the PreKindergarten program.
Amount appropriated in this Act

($5,549,981) ($5,549,981) $338,950,936 $338,950,936

43.12. Law Enforcement Dependents Grant

Purpose: Provide educational grant assistance to the children of Georgia law enforcement officers, firefighters, and prison correctional officers 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

43.13. Leveraging Educational Assistance Partnership Program (LEAP)

Purpose: Provide educational grant assistance to residents of Georgia who demonstrate substantial financial need to attend eligible postsecondary institutions in Georgia.

Total Funds

$1,487,410

Federal Funds and Grants

$520,653

Federal Funds Not specifically Identified

$520,653

State Funds

$966,757

State General Funds

$966,757

43.14. North Ga. Military Scholarship Grants

Purpose: 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

$683,951

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 (HB1027)

$683,951

$1,694,353

Eliminate one-time appropriation for students

$0 ($1,010,402)

2544

JOURNAL OF THE HOUSE

returning from military deployment (Other Funds: $1,010,402).
Amount appropriated in this Act

$683,951

$683,951

43.15. North Georgia ROTC Grants

Purpose: 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

43.16. Promise Scholarship

Purpose: 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

43.17. Public Memorial Safety Grant

Purpose: Provide educational grant assistance to the children of Georgia law enforcement officers, fire fighters, Emergency Medical Technicians (EMTs), and correctional officers who were permanently disabled or killed in the line of duty, to attend a public postsecondary institution in Georgia.

Total Funds

$255,850

State Funds

$255,850

Lottery Funds

$255,850

43.18. Teacher Scholarship

Purpose: 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

43.19. Tuition Equalization Grants Purpose: Promote the private segment of higher education in Georgia by providing

FRIDAY, APRIL 13, 2007

2545

non-repayable grant aid to Georgia residents who attend eligible private postsecondary institutions.

Total Funds

$34,966,295

Other Funding Sources

$4,154,493

Other Funds Not Specifically Identified

$4,154,493

State Funds

$30,811,802

State General Funds

$30,811,802

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$27,531,802 $33,015,000

Eliminate one-time funds for TEG (Other Funds: $1,328,705).

$0 ($1,328,705)

Provide funding to increase award amount from $1,000 to $1,100.

$3,280,000

$3,280,000

Amount appropriated in this Act

$30,811,802 $34,966,295

The following appropriations are for agencies attached for administrative purposes.

43.20. Nonpublic Postsecondary Education Commission

Purpose: Authorize private postsecondary schools in Georgia; provide transcripts for students who attended schools that closed; resolve complaints.

Total Funds

$789,587

State Funds

$789,587

State General Funds

$789,587

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$671,242

$671,242

Annualize the cost of the FY 2007 salary adjustment.

$1,914

$1,914

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$28,696

$28,696

Reflect an adjustment in Workers' Compensation premiums.

$1,511

$1,511

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Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Provide funds for 1 standard administrator position to increase the number of institutions meeting academic and financial standards.
Amount appropriated in this Act

$10,099 $76,125 $789,587

$10,099 $76,125 $789,587

Section 44: Teachers' Retirement System Total Funds Federal Funds and Grants Other Funding Sources State Funds
State General Funds Intra-State Government Transfers
Retirement Payments

$26,489,005 $0 $0
$1,555,000 $1,555,000 $24,934,005 $24,934,005

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. 2008.

44.1. Local/Floor COLA

Purpose: 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

$1,555,000

State Funds

$1,555,000

State General Funds

$1,555,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$3,903,200

$3,903,200

Transfer funds for HB 400 from TRS to the Department of Education, the Board of Regents, and the Department of Technical and Adult Education to properly reflect the employer rate increase for TRS members from 9.24% to 9.28%.

($2,143,200) ($2,143,200)

Reduce funding for the Floor Fund ($5,000) and

($205,000)

($205,000)

FRIDAY, APRIL 13, 2007

2547

COLA Fund ($200,000) due to the declining population of retired teachers who qualify for this benefit.
Amount appropriated in this Act

$1,555,000

$1,555,000

44.2. System Administration

Purpose: To provide all services to active members, including: service purchases, refunds, retirement counseling, and new retirement processing.

Total Funds

$24,934,005

Intra-State Government Transfers

$24,934,005

Retirement Payments

$24,934,005

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$0 $24,209,246

Annualize the cost of the FY 2007 salary adjustment (Other Funds: $265,094).

$0

$265,094

Reduce funding for one-time computer upgrades (Other Funds: $466,000).

$0

($466,000)

Reflect an adjustment in the employer share of State Health Benefit Plan premiums from 16.713% to 22.843% (Other Funds: $873,575).

$0

$873,575

Reflect an adjustment in the Workers' Compensation premiums (Other Funds: $52,090).

$0

$52,090

Amount appropriated in this Act

$0 $24,934,005

Section 45: Technical and Adult Education, Department of Total Funds Federal Funds and Grants
Federal Funds Not specifically Identified Other Funding Sources
Agency Funds State Funds
State General Funds Intra-State Government Transfers

$459,262,650 $19,814,459 $19,814,459 $56,732,658 $56,732,658
$382,715,533 $382,715,533
$0

2548

JOURNAL OF THE HOUSE

45.1. Administration

Purpose: 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

$12,899,790

Federal Funds and Grants

$2,059,788

Federal Funds Not specifically Identified

$2,059,788

Other Funding Sources

$800,000

Agency Funds

$800,000

State Funds

$10,040,002

State General Funds

$10,040,002

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$9,184,019 $12,043,807

Annualize the cost of the FY 2007 salary adjustment.

$150,698

$150,698

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$435,235

$435,235

Reflect an adjustment in Workers' Compensation premiums.

$150,247

$150,247

Transfer funds for HB 400 from Teachers' Retirement System (TRS) to the Department of Technical and Adult Education (DTAE) to properly reflect the employer rate increase for TRS members from 9.24% to 9.28%.

$960

$960

Provide for a general salary increase of 3% effective January 1, 2008.

$118,843

$118,843

Amount appropriated in this Act

$10,040,002 $12,899,790

45.2. Adult Literacy

Purpose: 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

$23,808,012

Federal Funds and Grants

$6,669,526

FRIDAY, APRIL 13, 2007

2549

Federal Funds Not specifically Identified

$6,669,526

Other Funding Sources

$1,121,886

Agency Funds

$1,121,886

State Funds

$16,016,600

State General Funds

$16,016,600

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$12,451,684 $20,243,096

Annualize the cost of the FY 2007 salary adjustment.

$229,332

$229,332

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$662,080

$662,080

Transfer funds for HB 400 from Teachers' Retirement System (TRS) to the Department of Technical and Adult Education (DTAE) to properly reflect the employer rate increase for TRS members from 9.24% to 9.28%.

$3,540

$3,540

Provide for a general salary increase of 3% effective January 1, 2008.

$169,964

$169,964

Provide funding to offset the loss of TANF funds and to continue providing adult literacy services.

$2,500,000

$2,500,000

Amount appropriated in this Act

$16,016,600 $23,808,012

45.3. Economic Development (Quick Start)

Purpose: Provide a number of programs and services designed to assist businesses and industries with their training needs.

Total Funds

$16,368,043

State Funds

$16,368,043

State General Funds

$16,368,043

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$12,613,900 $12,613,900

Annualize the cost of the FY 2007 salary adjustment.

$136,238

$136,238

Reflect an adjustment in the employer share of the

$387,425

$387,425

2550

JOURNAL OF THE HOUSE

State Health Benefit Plan premiums from 16.713% to 22.843%.
Provide operating and customized training funds to prepare the workforce related to the Kia project.
Provide for a general salary increase of 3% effective January 1, 2008.
Amount appropriated in this Act

$3,124,900 $105,580
$16,368,043

$3,124,900 $105,580
$16,368,043

45.4. Technical Education

Purpose: 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

$406,186,805

Federal Funds and Grants

$11,085,145

Federal Funds Not specifically Identified

$11,085,145

Other Funding Sources

$54,810,772

Agency Funds

$54,810,772

State Funds

$340,290,888

State General Funds

$340,290,888

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$302,538,461 $368,434,378

Annualize the cost of the FY 2007 salary adjustment.

$5,141,940

$5,141,940

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$15,040,323 $15,040,323

Reflect an adjustment in Workers' Compensation premiums.

$1,383,207

$1,383,207

Transfer funds for HB 400 from Teachers' Retirement System (TRS) to the Department of Technical and Adult Education (DTAE) to properly reflect the employer rate increase for TRS members from 9.24% to 9.28%.

$58,600

$58,600

Provide for a general salary increase of 3% effective January 1, 2008.

$4,100,327

$4,100,327

FRIDAY, APRIL 13, 2007

2551

Eliminate one-time funding for the Augusta Technical College satellite campus.
Reduce formula funding in personal services due to declining enrollment of 3.8% ($7,162,726) and increase operating expenses to reflect an increase in square footage ($892,492).
Fund the fast track nursing initiative to increase the number of nursing graduates in the workforce.
Add funds to reflect the increased cost of electricity and natural gas.
Fund Minor Repairs and Renovations (MRR).
Transfer funds from DTAE to the Board of Regents to merge Georgia Aviation Technical College and Middle Georgia College within the University System.
Provide funding to replace obsolete equipment.
Provide funds for roof repairs at the Moultrie Technical College Career Academy.
Amount appropriated in this Act

($135,000) $892,492

($135,000) $892,492

$650,000
$2,851,553
$10,710,750 ($3,691,765)

$650,000
$2,851,553
$10,710,750 ($3,691,765)

$0 $750,000

$0 $750,000

$340,290,888 $406,186,805

Section 46: Transportation, Department of Total Funds Federal Funds and Grants
Federal Highway Administration Highway Planning and Construction
Federal Transit Administration Capital Investment Grants
Federal Funds Not specifically Identified Other Funding Sources
Agency Funds Other Funds Not Specifically Identified State Funds State Motor Fuel State General Funds Intra-State Government Transfers Other Intra-State Government Payments

$2,128,444,767 $1,340,924,620
$1,264,413,242
$12,858,431
$63,652,947 $6,755,541 $6,585,292 $170,249
$780,106,811 $753,832,078 $26,274,733
$657,795 $657,795

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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 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.

46.1. Administration

Purpose: 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

$75,612,523

Federal Funds and Grants

$10,839,823

Federal Highway Administration Highway Planning and Construction

$10,839,823

Other Funding Sources

$898,970

Agency Funds

$816,960

Other Funds Not Specifically Identified

$82,010

FRIDAY, APRIL 13, 2007

2553

State Funds

$63,873,730

State Motor Fuel

$63,873,730

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$59,232,851 $69,665,164

Annualize the cost of the FY 2007 salary adjustment.

$516,809

$516,809

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$113,856

$113,856

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$2,009,287

$2,009,287

Reflect an adjustment in Workers' Compensation premiums.

$554,927

$554,927

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$778,864

$778,864

Reallocate operating funds among programs to reflect projected expenditures.

($138,000)

($138,000)

Provide the state match for a total of $164,413,241 in additional funds from the Federal Highway Administration (FHWA), increasing total FHWA funds from $1,151,881,934 to $1,316,295,175 and the state match from $193,580,374 to $288,942,844 (2 programs).

$286,788

$1,593,268

Annualize the FY 2007 Georgia Building Authority (GBA) real estate rental rate increase for office space.

$518,348

$518,348

Amount appropriated in this Act

$63,873,730 $75,612,523

46.2. Air Transportation

Purpose: Provide air transportation to state officials and companies considering a move to Georgia and conduct aerial photography flights.

Total Funds

$2,441,970

Other Funding Sources

$275,000

Agency Funds

$275,000

State Funds

$1,509,175

2554

JOURNAL OF THE HOUSE

State General Funds

$1,509,175

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 (HB1027)

$1,495,535

$2,428,330

Annualize the cost of the FY 2007 salary adjustment.

$11,046

$11,046

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$56,036

$56,036

Reflect an adjustment in Workers' Compensation premiums.

$12,321

$12,321

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$26,237

$26,237

Delete one-time funding for aircraft inspections.

($92,000)

($92,000)

Implement the Aviation Task Force recommendations on fleet improvements.

$0

$0

Amount appropriated in this Act

$1,509,175

$2,441,970

46.3. Airport Aid

Purpose: Support statewide economic development by providing the infrastructure for a safe, efficient, and adequate transportation system and award grants from the Airport Fund.

Total Funds

$12,646,149

Federal Funds and Grants

$6,000,000

Federal Funds Not specifically Identified

$6,000,000

State Funds

$6,646,149

State General Funds

$6,646,149

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$6,621,247 $12,621,247

Annualize the cost of the FY 2007 salary adjustment.

$2,632

$2,632

Reflect an adjustment in the employer share of the

$13,490

$13,490

FRIDAY, APRIL 13, 2007

2555

State Health Benefit Plan premiums from 16.713% to 22.843%.
Reflect an adjustment in Workers' Compensation premiums.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Amount appropriated in this Act

$2,464 $6,316

$2,464 $6,316

$6,646,149 $12,646,149

46.4. Data Collection, Compliance and Reporting

Purpose: 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

$12,830,912

Federal Funds and Grants

$8,270,257

Federal Highway Administration Highway Planning and Construction

$3,784,538

Federal Funds Not specifically Identified

$4,485,719

Other Funding Sources

$62,257

Agency Funds

$62,257

State Funds

$4,498,398

State Motor Fuel

$3,599,813

State General Funds

$898,585

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$4,094,746 $12,427,260

Annualize the cost of the FY 2007 salary adjustment.

$57,281

$57,281

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$216,765

$216,765

Reflect an adjustment in Workers' Compensation premiums.

$73,378

$73,378

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$86,228

$86,228

Reallocate operating funds among programs to reflect projected expenditures.

($30,000)

($30,000)

2556

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Amount appropriated in this Act

$4,498,398 $12,830,912

46.5. Local Road Assistance

Purpose: Provide contracts with local governments to assist in the construction and reconstruction of their road, bridge, and street systems.

Total Funds

$212,349,381

Federal Funds and Grants

$69,658,670

Federal Highway Administration Highway Planning and Construction

$67,429,038

Federal Funds Not specifically Identified

$2,229,632

Other Funding Sources

$595,233

Agency Funds

$595,233

State Funds

$142,095,478

State Motor Fuel

$136,095,478

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 (HB1027)

$150,438,889 $220,692,792

Annualize the cost of the FY 2007 salary adjustment.

$278,075

$278,075

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$1,067,617

$1,067,617

Reflect an adjustment in Workers' Compensation premiums.

$346,481

$346,481

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$505,689

$505,689

Reallocate operating funds among programs to reflect projected expenditures.

($214,000)

($214,000)

Realign funding for State Fund Construction - Most Needed from $23,000,000 to $20,787,879 (2 programs).

($1,327,273) ($1,327,273)

Realign funding for the Local Assistance Road Program (LARP) from $67,900,000 to $60,000,000.

($7,900,000) ($7,900,000)

Realign funding for State Fund Construction - Off System from $34 million to $27 million.

($7,000,000) ($7,000,000)

FRIDAY, APRIL 13, 2007

2557

Delete one-time funding for signage for tourism in the northeast Georgia mountains.
Provide additional funding for the LARP program, with $500,000 dedicated for beautification in the City of Johns Creek and $500,000 for road work in Milton.
Amount appropriated in this Act

($100,000) $6,000,000

($100,000) $6,000,000

$142,095,478 $212,349,381

46.6. Payments to State Road and Tollway Authority

Purpose: Provide funds through the State Road and Tollway Authority for bond trustees for debt service payments on guaranteed revenue bonds.

Total Funds

$48,198,980

State Funds

$48,198,980

State Motor Fuel

$47,798,980

State General Funds

$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 (HB1027)

$46,998,853 $46,998,853

Provide funding to reflect the increase in the debt service schedule from $46,998,853 to $53,859,065 for guaranteed revenue bonds.

$6,860,212

$6,860,212

Apply realized interest earnings on debt service payments to the State Road and Tollway Authority to reduce FY 2008 debt service payments to the authority.

($6,060,085) ($6,060,085)

Provide funding for construction of a sound barrier along the south end of GA 400.

$400,000

$400,000

Amount appropriated in this Act

$48,198,980 $48,198,980

46.7. Ports and Waterways

Purpose: Maintain the navigability of the Atlantic Intracoastal Waterway and Georgia's deep water ports to promote international trade.

Total Funds

$1,523,402

State Funds

$1,523,402

State General Funds

$1,523,402

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

2558

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB1027)
Annualize the cost of the FY 2007 salary adjustment.
Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.
Reflect an adjustment in Workers' Compensation premiums.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Fund a property tax increase ($147,433) and legal fees ($500,000) for the Savannah Harbor dredge disposal areas in Jasper County, South Carolina.
Remove funding for vector control for Chatham County dredge disposal areas whose routine maintenance is the responsibility of the Army Corps of Engineers.
Amount appropriated in this Act

State Funds $1,160,783
$1,637
$8,389

Total Funds $1,160,783
$1,637
$8,389

$1,232 $3,928

$1,232 $3,928

$647,433

$647,433

($300,000)

($300,000)

$1,523,402

$1,523,402

46.8. Rail

Purpose: Oversee the construction, financing, operation, and development of rail passenger, freight service, and other public transportation projects.

Total Funds

$1,885,722

Other Funding Sources

$88,239

Other Funds Not Specifically Identified

$88,239

State Funds

$1,797,483

State General Funds

$1,797,483

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$184,369

$272,608

Annualize the cost of the FY 2007 salary adjustment.

$2,461

$2,461

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$6,986

$6,986

FRIDAY, APRIL 13, 2007

2559

Reflect an adjustment in Workers' Compensation premiums.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Provide funding for personal services ($168,711) and operating expenses ($4,221).
Delete one-time funding for an implementation study for freight and passenger rail modernization along the I-85 freight corridor.
Provide funds to match CSX's investment for rail improvements in Waycross.
Amount appropriated in this Act

$2,464 $3,271

$2,464 $3,271

$172,932 ($75,000)

$172,932 ($75,000)

$1,500,000 $1,797,483

$1,500,000 $1,885,722

46.9. State Highway System Construction and Improvement

Purpose: Ensure a safe and efficient transportation system.

Total Funds

$1,327,301,177

Federal Funds and Grants

$1,038,751,031

Federal Highway Administration Highway Planning and Construction

$1,009,432,237

Federal Funds Not specifically Identified

$29,318,794

Other Funding Sources

$165,000

Agency Funds

$165,000

State Funds

$288,385,146

State Motor Fuel

$288,385,146

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$185,749,276 $1,061,558,546

Annualize the cost of the FY 2007 salary adjustment.

$883,161

$883,161

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$3,377,026

$3,377,026

Reflect an adjustment in Workers' Compensation premiums.

$1,035,259

$1,035,259

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance

$1,530,770

$1,530,770

2560

JOURNAL OF THE HOUSE

increases.
Reallocate operating funds among programs to reflect projected expenditures.
Provide the state match for a total of $164,413,241 in additional funds from the Federal Highway Administration (FHWA), increasing total FHWA funds from $1,151,881,934 to $1,316,295,175 and the state match from $193,580,374 to $288,942,844 (2 programs).
Realign funding for State Fund Construction - Most Needed from $23,000,000 to $20,787,879 (2 programs).
Provide funds to properly reflect the full cost of the current employer share of the State Health Benefit Plan.
Amount appropriated in this Act

$130,100

$130,100

$95,075,682 $258,182,443

($884,848)

($884,848)

$1,488,720

$1,488,720

$288,385,146 $1,327,301,177

46.10. State Highway System Maintenance

Purpose: Coordinate all statewide maintenance activities.

Total Funds

$342,141,130

Federal Funds and Grants

$153,104,852

Federal Highway Administration Highway Planning and Construction

$148,458,050

Federal Funds Not specifically Identified

$4,646,802

Other Funding Sources

$642,602

Agency Funds

$642,602

State Funds

$188,393,676

State Motor Fuel

$188,393,676

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$178,417,269 $332,164,723

Annualize the cost of the FY 2007 salary adjustment.

$1,130,535

$1,130,535

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$4,511,989

$4,511,989

Reflect an adjustment in Workers' Compensation

$1,838,370

$1,838,370

FRIDAY, APRIL 13, 2007

2561

premiums.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Reallocate operating funds among programs to reflect projected expenditures.
Amount appropriated in this Act

$2,326,113

$2,326,113

$169,400

$169,400

$188,393,676 $342,141,130

46.11. State Highway System Operations

Purpose: Ensure a safe and efficient transportation system statewide through traffic engineering and traffic management.

Total Funds

$65,382,037

Federal Funds and Grants

$35,670,542

Federal Highway Administration Highway Planning and Construction

$24,469,556

Federal Funds Not specifically Identified

$11,200,986

Other Funding Sources

$4,026,240

Agency Funds

$4,026,240

State Funds

$25,685,255

State Motor Fuel

$25,685,255

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$22,669,984 $62,366,766

Annualize the cost of the FY 2007 salary adjustment.

$278,453

$278,453

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$1,098,379

$1,098,379

Reflect an adjustment in Workers' Compensation premiums.

$362,515

$362,515

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$482,404

$482,404

Reallocate operating funds among programs to reflect projected expenditures.

$82,500

$82,500

Provide funds to properly reflect the full cost of the current employer share of the State Health Benefit

$711,020

$711,020

2562

JOURNAL OF THE HOUSE

Plan. Amount appropriated in this Act

$25,685,255 $65,382,037

46.12. Transit

Purpose: 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

$26,131,384

Federal Funds and Grants

$18,629,445

Federal Transit Administration Capital Investment Grants

$12,858,431

Federal Funds Not specifically Identified

$5,771,014

Other Funding Sources

$2,000

Agency Funds

$2,000

State Funds

$7,499,939

State General Funds

$7,499,939

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$6,967,660 $25,599,105

Annualize the cost of the FY 2007 salary adjustment.

$6,653

$6,653

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$31,017

$31,017

Reflect an adjustment in Workers' Compensation premiums.

$7,392

$7,392

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$14,524

$14,524

Provide funding for personal services ($353,788) and operating expenses ($118,905) for administration of the intermodal programs.

$472,693

$472,693

Amount appropriated in this Act

$7,499,939 $26,131,384

Section 47: Veterans Service, Department of Total Funds Federal Funds and Grants

$37,224,049 $11,919,879

FRIDAY, APRIL 13, 2007

2563

Federal Funds Not specifically Identified Other Funding Sources State Funds
State General Funds Intra-State Government Transfers

$11,919,879 $0
$25,304,170 $25,304,170
$0

47.1. Administration

Purpose: 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

$2,145,585

Federal Funds and Grants

$942,500

Federal Funds Not specifically Identified

$942,500

State Funds

$1,203,085

State General Funds

$1,203,085

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$664,624

$664,624

Annualize the cost of the FY 2007 salary adjustment.

$4,236

$4,236

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$2,925

$2,925

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$14,191

$14,191

Reflect an adjustment in Workers' Compensation premiums.

$1,297

$1,297

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$8,312

$8,312

Provide funds for electrical system repairs to the Wheeler building (Total Funds: $1,450,000).

$507,500

$1,450,000

Amount appropriated in this Act

$1,203,085

$2,145,585

47.2. Georgia Veterans Memorial Cemetery
Purpose: Provide for the internment of eligible Georgia veterans who served faithfully and honorably in the military service of our country.

2564

JOURNAL OF THE HOUSE

Total Funds

$610,076

Federal Funds and Grants

$44,054

Federal Funds Not specifically Identified

$44,054

State Funds

$566,022

State General Funds

$566,022

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$406,183

$442,737

Annualize the cost of the FY 2007 salary adjustment.

$2,647

$2,647

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$13,071

$13,071

Reflect an adjustment in Workers' Compensation premiums.

$1,573

$1,573

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$7,656

$7,656

Provide funds to annualize the cost of the Glennville cemetery (Total Funds: 142,392).

$134,892

$142,392

Amount appropriated in this Act

$566,022

$610,076

47.3. Georgia War Veterans Nursing Home - Augusta

Purpose: Provide skilled nursing care to aged and infirmed Georgia veterans and serve as a teaching facility for the Medical College of Georgia.

Total Funds

$9,064,992

Federal Funds and Grants

$3,104,750

Federal Funds Not specifically Identified

$3,104,750

State Funds

$5,960,242

State General Funds

$5,960,242

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$4,935,539

$8,040,289

Annualize the cost of the FY 2007 salary adjustment.

$50,103

$50,103

FRIDAY, APRIL 13, 2007

2565

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.
Reflect an adjustment in Workers' Compensation premiums.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Increase funding to aid in offsetting rising healthcare costs.
Amount appropriated in this Act

$96,848
$37,106 $56,727
$783,919 $5,960,242

$96,848
$37,106 $56,727
$783,919 $9,064,992

47.4. Georgia War Veterans Nursing Home - Milledgeville

Purpose: Provide both skilled nursing and domiciliary care to aged and infirmed Georgia war veterans.

Total Funds

$18,727,423

Federal Funds and Grants

$7,225,135

Federal Funds Not specifically Identified

$7,225,135

State Funds

$11,502,288

State General Funds

$11,502,288

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$11,368,113 $18,593,248

Eliminate one-time costs of 5 replacement hospital beds.

($8,825)

($8,825)

Provide funds to reflect the increase in operational costs.

$143,000

$143,000

Amount appropriated in this Act

$11,502,288 $18,727,423

47.5. Veterans Benefits

Purpose: Serve Georgia's veterans, their dependents and survivors in all matters pertaining to veterans benefits by informing the veterans and their families about veterans benefits, and directly assisting and advising them in securing the benefits to which they are entitled.

Total Funds

$6,675,973

Federal Funds and Grants

$603,440

Federal Funds Not specifically Identified

$603,440

2566

JOURNAL OF THE HOUSE

State Funds

$6,072,533

State General Funds

$6,072,533

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$5,770,574

$6,374,014

Annualize the cost of the FY 2007 salary adjustment.

$46,064

$46,064

Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

$4,782

$4,782

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$149,983

$149,983

Reflect an adjustment in Workers' Compensation premiums.

$13,280

$13,280

Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.

$87,850

$87,850

Amount appropriated in this Act

$6,072,533

$6,675,973

Section 48: Workers' Compensation, State Board of Total Funds Federal Funds and Grants Other Funding Sources State Funds
State General Funds Intra-State Government Transfers

$17,308,389 $0 $0
$17,308,389 $17,308,389
$0

48.1. Administration

Purpose: 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

$6,466,072

State Funds

$6,466,072

State General Funds

$6,466,072

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

FRIDAY, APRIL 13, 2007

2567

Amount from prior Appropriation Act (HB1027)
Annualize the cost of the FY 2007 salary adjustment.
Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.
Reflect an adjustment in Workers' Compensation premiums.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Provide additional funds for increased real estate rents and obtaining additional space for alternative dispute resolution hearings.
Realize CNG savings by redirecting funds from the Administration program to the Administer the Workers' Compensation Law program to compensate for increased travel costs.
Provide for a reduction in other funds totaling $120,000.
Amount appropriated in this Act

State Funds $6,199,153
$17,359
$58,754

Total Funds $6,319,153
$17,359
$58,754

$7,833 $22,765

$7,833 $22,765

$178,444

$178,444

($18,236)

($18,236)

$0 $6,466,072

($120,000) $6,466,072

48.2. Administer the Workers' Comp Laws

Purpose: Provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation Law.

Total Funds

$10,842,317

State Funds

$10,842,317

State General Funds

$10,842,317

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$9,901,446

$9,901,446

Annualize the cost of the FY 2007 salary adjustment.

$85,156

$85,156

Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 16.713% to 22.843%.

$431,757

$431,757

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Reflect an adjustment in Workers' Compensation premiums.
Provide for a general salary increase of 3% effective January 1, 2008 and provide for performance increases.
Provide additional funds for increased real estate rents and obtaining additional space for alternative dispute resolution hearings.
Realize CNG savings by redirecting funds from the Administration program to the Administer the Workers' Compensation Law program to compensate for increased travel costs.
Amount appropriated in this Act

$56,544 $336,989 $12,189 $18,236

$56,544 $336,989 $12,189
$18,236

$10,842,317 $10,842,317

Section 49: General Obligation Debt Sinking Fund Total Funds Federal Funds and Grants Other Funding Sources State Funds
State Motor Fuel State General Funds Intra-State Government Transfers

$945,203,687 $0 $0
$945,203,687 $169,012,322 $776,191,365
$0

49.1. General Obligation Bonds - Issued

Total Funds

$848,563,469

State Funds

$848,563,469

State Motor Fuel

$163,032,222

State General Funds

$685,531,247

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$719,349,981 $719,349,981

Repeal the authorization in FY 2005 of $20,000,000 in 5-year bonds for the Department of Transportation.

($4,520,000) ($4,520,000)

Decrease debt service for existing obligation on issued bonds.

($7,436,244) ($7,436,244)

FRIDAY, APRIL 13, 2007

2569

Deauthorize $2,000 in 20-year bonds for Board of Regents and $2,000 in 20-year bonds for Department of Technical and Adult Education.
Adjust debt service on the authorization in FY 2006 of $2,500,000 in 20-year bonds for the Ports Authority.
Repeal the authorization in FY 2006 of $20,000,000 in 5-year bonds for the Department of Transportation.
Increase debt service for existing obligation on issued bonds for the Department of Transportation.
Transfer funds from General Obligation Bonds New to General Obligation Bonds - Issued to reflect the issuance of new bonds.
Decrease debt service for existing obligation on issued bonds.
Decrease debt service to reflect the refunding of previously issued bonds at a more favorable interest rate.
Amount appropriated in this Act

($348)

($348)

$17,500

$17,500

($4,520,000) ($4,520,000)

$12,552,222 $12,552,222 $148,012,496 $148,012,496

($3,913,125) ($3,913,125) ($10,979,013) ($10,979,013)

$848,563,469 $848,563,469

49.2. General Obligation Bonds - New

Total Funds

$96,640,218

State Funds

$96,640,218

State Motor Fuel

$5,980,100

State General Funds

$90,660,118

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB1027)

$148,012,496 $148,012,496

Total of Debt Service on Bonds Associated with this Program

$96,640,218

$96,640,218

Transfer funds from General Obligation Bonds -

($148,012,496) ($148,012,496)

New to General Obligation Bonds - Issued to reflect

the issuance of new bonds.

Amount appropriated in this Act

$96,640,218 $96,640,218

Bond Financing Appropriated:

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JOURNAL OF THE HOUSE

From State General Funds, $15,233,023 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 $178,310,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From State General Funds, $12,259,632 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 $143,505,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From State General Funds, $10,431,003 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 $122,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From State General Funds, $875,658 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 $10,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From State General Funds, $683,440 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 $8,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From State General Funds, $3,630,775 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 $42,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From State General Funds, $228,000 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 $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

FRIDAY, APRIL 13, 2007

2571

From State General Funds, $684,000 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 $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From State General Funds, $456,000 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 $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From State General Funds, $1,435,224 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 $16,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From State General Funds, $3,178,423 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 $37,205,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From State General Funds, $3,630,775 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 $42,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From State General Funds, $2,417,669 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of

2572

JOURNAL OF THE HOUSE

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 $28,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From State General Funds, $4,332,000 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 $19,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
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 two hundred and forty months.
From State General Funds, $333,177 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 $3,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From 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 two hundred and forty months.
From State General Funds, $162,317 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,

FRIDAY, APRIL 13, 2007

2573

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From 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 two hundred and forty months.
From State General Funds,$131,989 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 North Paulding Public Library, for that library, through the issuance of not more than $1,545,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From State General Funds,$88,420 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 Jasper County 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.
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 Newton County Library, for that library, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From 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 West Georgia Regional Library System, for that library, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From State General Funds, $1,391,228 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

2574

JOURNAL OF THE HOUSE

the issuance of not more than $16,285,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From State General Funds, $1,521,935 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 $17,815,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From State General Funds, $287,280 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 $1,260,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From State General Funds, $473,100 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 $2,075,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From State General Funds, $557,460 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 $2,445,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From State General Funds, $637,260 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 $2,795,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From State General Funds, $558,600 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by

FRIDAY, APRIL 13, 2007

2575

means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,450,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From State General Funds, $1,491,120 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 $6,540,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From State General Funds, $2,280,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From State General Funds, $127,680 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 $560,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From State General Funds, $213,575 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 $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From State General Funds, $415,617 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 $4,865,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

2576

JOURNAL OF THE HOUSE

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 two hundred and forty months.
From State General Funds, $550,169 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 $6,440,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From State General Funds, $299,005 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 $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From State General Funds, $158,473 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 $1,855,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From State General Funds, $149,075 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 $1,745,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From State General Funds, $359,100 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 $1,575,000 in principal amount of General Obligation Debt, the instruments of

FRIDAY, APRIL 13, 2007

2577

which shall have maturities not in excess of sixty months.
From State General Funds, $89,702 is specifically appropriated for the purpose of financing projects and facilities for the Department of Veterans Service by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,050,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From State General Funds, $2,725,217 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 $31,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From State General Funds, $2,082,783 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 $24,380,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From State General Funds, $262,270 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 $3,070,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From State General Funds, $427,150 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 $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 State General Funds, $226,390 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

2578

JOURNAL OF THE HOUSE

personal, necessary or useful in connection therewith, through the issuance of not more than $2,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From State General Funds, $798,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From State General Funds, $1,140,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From State General Funds, $580,497 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,795,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From State General Funds, $817,138 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Agricultural Exposition Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,565,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From State General Funds, $421,170 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,930,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From State General Funds, $170,860 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority by means of the

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acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 State General Funds, $456,000 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 $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From State General Funds, $848,747 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 $9,935,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From State General Funds, $213,575 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 $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From State General Funds, $1,110,590 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 $13,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From State General Funds, $1,596,000 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 $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From State General Funds, $170,860 is specifically appropriated for the purpose of

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financing projects and facilities for the Department of Agriculture by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From State General Funds, $1,964,890 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 $23,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From State General Funds, $266,542 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 $3,120,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From State General Funds, $416,898 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 $4,880,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From State Motor Fuel Funds, $5,980,100 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 $70,000,000 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: Georgia State Financing and Investment Commission - Funds Redirected
The Georgia State and Financing and Investment Commission was authorized and appropriated $468,000,000, approved April 24, 2001, as House Bill 139, Act No. 212, Ga. Laws 2001, Volume 1, commencing at page 499, to provide supplementary appropriations for public school capital outlay for the State Fiscal Year ending June 30, 2001. The Georgia State Financing and Investment Commission is further authorized to redirect the balance of $11,000,000 to purchase vocational and agricultural equipment

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for new schools.

Section 51: 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 52: 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 53: Supplanting Federal Funds
No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.

Section 54: 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.

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Section 55: Flex
Notwithstanding any other statement of purpose, the purpose of each appropriation of Federal Funds and the purpose of each appropriation of 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. In the preceding sentence, "Federal Funds" means any federal funding source whether specifically identified or not specifically identified; "Other Funds" means all other fund sources except State Funds or Federal Funds, including without limitation, Intra-State Government Transfers. This paragraph does not permit an agency to include within its flex the appropriations for an agency attached to it for administrative purposes.

Section 56: Salary Adjustments The appropriations to budget units made above include funds for, and have the added purpose of, the following salary increases and adjustments, administered in conformity with the applicable compensation and performance management plans as provided by law:
1.) A general salary increase of three percent for employees of the Executive and Legislative Branches. The amount for this Item is calculated according to an effective date of January 1, 2008.
2.) In lieu of other numbered items, (a) to provide 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 determined by the Office of Planning and Budget according to O.C.G.A. 45-7-4(b), 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 increases of up to three percent 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 calculated according to an effective date of January 1, 2008.
3.) In addition to other numbered Items, for budget units with employees of the Executive Branch, an amount equal to 0.5% of total personal services, calculated as of the end of calendar year 2006 for an effective date of January 1, 2008, for market adjustments, performance incentives and equity adjustments.
4.) Before items 1 and 3 above, but not in lieu of them, funds to adjust salaries of certain employees in the job titles and departments shown in the "Summary of Identified Job Classifications" on page 38 of The Governor's Budget Report FY 2008. The employees are those within the listed job titles and agencies with salaries below 75% of the salary determined by the Commissioner of Personnel Administration in December of 2006 to be the market midpoint rate for their job titles. The purpose is to adjust salaries of incumbents to 75% of such market midpoint rate, calculated for an effective date of

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January 1, 2008.
5.) In lieu of other numbered items, (a) to provide for a 3% increase across the State Salary Schedule of the State Board of Education through a 3% increase in the state base salary. This proposed 3% 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, 2007; (b) To provide for a 3% increase in funding for salaries for lunchroom workers and for a 3% 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, 2007.
6.) In lieu of other numbered items, to provide a 3% 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 September 1, 2007.
7.) In lieu of other numbered items, to provide a 3% 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, 2008.
8.) In lieu of other numbered items, to provide a 3% salary increase for public librarians administered by the Board of Regents. The amount for this Item is calculated according to an effective date of January 1, 2008.
9.) In lieu of other numbered items, to provide for a 3% 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, 2008.
10.) For personnel of the Department of Public Safety, a general salary increase reflecting the appropriate continuation market benchmark salaries in the following job titles:
Trooper First Class (Job Code: 17708), Trooper (Job Code: 17706), Cadet (DPS) (Job Code: 17707), Trooper Cadet/Trooper School (Job Code: 17710), Sergeant First Class (Job Code 17705), Lieutenant (Job Class 17232),

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Lieutenant First Class (Job Class 17703), MCCD Officer Cadet (Job Code: 17805) MCCD Corporal (Job Code: 17804), MCCD Sergeant (Job Code: 17803), and MCCD Lieutenant (Job Code 17806).

Section 57: General Obligation Bonds Repealed, Revised or Reinstated The following paragraph of the General Appropriations Act for state fiscal year 20042005 (Section 63 of Ga. L. 2004, pp. 994, 1046, 1050), as carried forward in Section 63 of House Bill 84 (Ga. L. 2005, pp. 1262, 1307, 1311), in Section 48 of House Bill 85 (Ga. L. 2005, pp. 1319, 1415, 1426) and in Section 50 of House Bill 1026 (Ga. L. 2006, Book One, Volume Two Appendix, commencing as p. 1 of 226) is hereby repealed in its entirety:
From the appropriation designated "State General Funds (New)," $4,520,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
The following paragraph of the General Appropriations Act for state fiscal year 20042005 (Section 63 of Ga. L. 2004, p. 994, 1046, 1053) as carried forward in Section 63 of House Bill 84 (Ga. L. 2005, pp. 1262, 1307, 1314) and amended in Section 51 of House Bill 1026 (Ga. L. 2006, Book One, Volume Two Appendix, commencing as p. 1 of 226) to read as follow:
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.
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

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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 $14,220,000 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 20052006 (Section 48 of Ga. L. 2005, p. 1319, 1425), as carried forward in Section 50 of House Bill 1026 (Ga. L. 2006, Book One, Volume Two Appendix, commencing as p. 1 of 226) and which reads as follows:
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.
is amended to read as follows:
From the appropriation designated "State General Funds (New)", $570,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
The following paragraph of the General Appropriations Act for state fiscal year 20052006 (Section 48 of Ga. L. 2005, pp. 1319, 1426) is hereby repealed in its entirety:
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.

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Section 58: Budgetary Control and Interpretation
The appropriations of State Funds in this Act consist of the amount stated, for each line at the lowest level of detail, associated with the statement of Program Name and Program Purpose. The appropriations of Federal Funds and of Other Funds in this Act consist of the amount stated at the highest or summary level of detail associated with the statement of Program Name and Program Purpose, and the lower levels of detail are for information only. In the preceding sentence, "Federal Funds" means any federal funding source, whether specifically identified or not specifically identified; "Other Funds" means all other fund sources except State Funds and Federal Funds, including in Other Funds without limitation all Intra-State Government Transfers. Regardless of placement on the page, both the highest or summary level of detail and the lower detail of appropriations of Intra-State Government Transfers will be deemed lower levels of detail of Other Funds, and the highest or summary amount will be deemed added to the highest or summary amount of the appropriation of Other Funds for the program.
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. For the Administration Program, the Aged, Blind, and Disabled Medicaid Program, the Low-Income Medicaid program and the PeachCare program in Section 17, the lowest level of detail for the appropriations of State General Funds includes the provisos in the program statements for the Administration Program, the Aged, Blind, and Disabled Medicaid Program and Low-Income Medicaid Program.

Section 59: Effective Date
This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 60: 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 95 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 95 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute.

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The following amendment was read and ruled not germane:

Representative Scott of the 2nd et al. move to amend the Committee substitute to HB 95 as follows:

On page 70, after line 2125 and before the unnumbered line beginning with the words "All Temporary Assistance for Needy Families...", insert the following:

No state, federal, or private funds administered by means of this budget or by the Department of Human Resources, either by appropriation, grant or any means whatsoever, shall be expended to provide, dispense, disperse, or prescribe contraceptives or reproductive health counseling, directly or indirectly, to persons under the age of eighteen without express, written consent of the parent or guardian of the underage person seeking or receiving the contraceptive or reproductive health counseling.

The following amendment was read:

Representative Lakly of the 72nd moves to amend the Committee substitute to HB 95 by deleting $5,000,000 from the following:

Section 34, Department of Natural Resources Total Funds page 111, line 3394 State Funds page 111, line 3400 Section 34.10, Wildlife Resources Total Funds page 115, line 3501 State Funds page 115, line 3506

$5,000,000 $5,000,000
$5,000,000 $5,000,000

And by removing $1,110,590 from:

Section 49, General obligation Debt Sinking Fund, Total Funds page 161, line 4917 State Funds page 161, line 4922 Page 161, line 4945 Page 161, line 4947

$1,110,590 $1,110,590 $1,110,590 $1,110,590

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

Y Abdul-Salaam Y Abrams N Amerson N Ashe N Barnard N Bearden

N Dempsey N Dickson N Dollar N Drenner
Dukes N Ehrhart

N Holt N Horne N Houston N Howard N Hudson N Hugley

N Martin N Maxwell N May N McCall N McKillip N Meadows

Scott, M N Sellier N Setzler
Shaw N Sheldon Y Shipp

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E Beasley-Teague N Benfield N Benton N Black N Bridges N Brooks N Bruce N Bryant N Buckner N Burkhalter N Burns N Butler N Byrd N Carter, A N Carter, B N Casas N Chambers N Channell N Cheokas N Coan N Cole N Coleman N Collins N Cooper N Cox
Crawford, M N Crawford, R N Davis, H Y Davis, S E Day

N England N Epps N Everson N Fleming N Floyd, H N Floyd, J Y Fludd E Forster
Franklin N Frazier E Freeman N Gardner N Geisinger N Glanton N Golick N Gordon N Graves N Greene N Hamilton N Hanner N Harbin N Hatfield N Heard, J N Heard, K N Heckstall N Hembree N Henson N Hill, C N Hill, C.A N Holmes

Jackson N Jacobs N James N Jamieson N Jenkins N Jerguson N Johnson, C N Johnson, T N Jones, J N Jones, S Y Jordan N Kaiser N Keen N Keown N Knight N Knox Y Lakly N Lane, B N Lane, R N Levitas N Lewis N Lindsey
Lord N Loudermilk N Lucas N Lunsford N Maddox
Mangham E Manning N Marin

N Millar N Mills N Mitchell E Morgan E Morris
Mosby N Mumford N Murphy N Neal N Nix N Oliver N O'Neal
Parham N Parrish N Parsons N Peake N Porter N Powell N Pruett N Ralston Y Randall N Reece N Reese N Rice N Roberts N Rogers N Royal N Rynders E Sailor N Scott, A

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

On the adoption of the amendment, the ayes were 9, nays 146.

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 Abrams Y Amerson N Ashe Y Barnard
Bearden E Beasley-Teague Y Benfield

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills

N Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C

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Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H N Davis, S E Day

Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd E Forster N Franklin Y Frazier E Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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 James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey
Lord Y Loudermilk
Lucas Y Lunsford Y Maddox
Mangham E Manning Y Marin

Y Mitchell E Morgan E Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter N Powell Y Pruett Y Ralston N Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders E Sailor Y Scott, A

Y Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr E Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M E 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.

Due to a mechanical malfunction, the votes of Representatives Bearden of the 68th and Crawford of the 127th were not recorded on the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Mangham of the 94th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

By unanimous consent, HB 95 was ordered immediately transmitted to the Senate.

The following Bills and Resolution of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto:

HB 147. By Representatives Mills of the 25th, Sheldon of the 105th, Fleming of the 117th, Coan of the 101st, Ralston of the 7th and others:

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A BILL to be entitled an Act to provide a short title; to provide for legislative findings and purpose; to amend Chapter 9A of Title 31 of the O.C.G.A., relating to the "Woman's Right to Know Act," so as to require physicians or other qualified agents to require that pregnant females undergo an ultrasound or sonogram prior to having an abortion; to change certain provisions relating to voluntary and informed consent to abortions; to require certain information be made available by the Department of Human Resources; to change certain provisions relating to reporting requirements; to provide for civil causes of action; to amend Article 5 of Chapter 12 of Title 16 of the O.C.G.A., relating to abortion, to provide for criminal penalties for failure to comply with the "Woman's Right to Know Act"; to provide for construction; to provide for intervention; to provide for severability; 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:
A BILL
To amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, so as to require access to certain medical equipment for facilities where abortions are performed; to require such facilities to offer 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, is amended by adding a new Code Section 16-12-141.2 to read as follows:
"16-12-141.2. (a) All facilities in which abortions are performed either shall have functional ultrasound or sonogram equipment on site or shall provide information regarding medical facilities that provide ultrasound or sonogram services. (b) As a part of the informed consent to the abortion procedure, a pregnant female desiring an abortion shall be offered an ultrasound or sonogram examination of her unborn child and an opportunity to view such ultrasound or sonogram image of her unborn child. Such examination may be performed on site or by referral to another medical facility for the performance of such examination. The pregnant female shall be provided with a list of health care providers, facilities, and clinics that offer to perform ultrasound or sonogram examinations free of charge. The list shall be arranged geographically and shall include the name, address, hours of operation, and telephone number of each listed entity.

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(c) The Department of Human Resources shall develop and distribute a form by which physicians who perform abortions may verify that the pregnant female was offered an opportunity to have an ultrasound or sonogram examination of her unborn child and to view such ultrasound or sonogram image of her unborn child prior to the abortion being performed. (d) It shall be illegal to fail intentionally or to refuse to offer a pregnant female desiring an abortion an opportunity to have an ultrasound or sonogram examination of her unborn child and to view such ultrasound or sonogram image of her unborn child prior to performing an abortion. Violation of this Code section shall be reported to the Composite State Board of Medical Examiners for disciplinary action."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Mills of the 25th moved that the House disagree to the Senate substitute to HB 147.
The motion prevailed.
HB 227. By Representatives Lewis of the 15th, Martin of the 47th, Stephens of the 164th, Ehrhart of the 36th, Watson of the 91st and others:
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 the expedited franchising of cable and video services by the Secretary of State; to provide for a short title; to provide for definitions; to provide franchise options for cable service providers and video service providers; to provide a process for the issuance of a state franchise; to provide for transfers, modifications, and terminations of a state franchise; to provide for franchise fees; to require customer service; to provide for public, educational, and governmental programming under a state franchise; to provide a service outlet to municipalities and counties and complimentary basic cable service or video service to public schools and public libraries over such service outlet; to provide certain limitations on requirements that may be imposed upon holders of a state franchise; 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 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the expedited franchising of cable and video services by

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the Secretary of State; to provide for a short title; to provide for definitions; to provide franchise options for cable service providers and video service providers; to provide a process for the issuance of a state franchise; to provide for transfers, modifications, and terminations of a state franchise; to provide for franchise fees; to require customer service; to provide for public, educational, and governmental programming under a state franchise; to provide a service outlet to municipalities and counties and complimentary basic cable service or video service to public schools and public libraries over such service outlet; to provide certain limitations on requirements that may be imposed upon holders of a state franchise; to prohibit discrimination towards potential residential subscribers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding a new chapter to read as follows:
"CHAPTER 76
36-76-1. This chapter shall be known and may be cited as the 'Consumer Choice for Television Act.'
36-76-2. As used in this chapter, the term:
(1) 'Advertising and home shopping services revenues' means the amount of a cable service provider or video service provider's nonsubscriber revenues from advertising disseminated through cable service or video service and home shopping services. The amount of such revenues that are allocable to a municipality or county shall be equal to the total amount of the cable service provider or video service provider's revenue received from such advertising and home shopping services multiplied by the ratio of the number of such provider's subscribers located in such municipality or in the unincorporated area of such county to the total number of such provider's subscribers. Such ratio shall be based on the number of such provider's subscribers as of January 1 of the current year, except that in the first year in which services are provided, such ratio shall be computed as of the earliest practical date. (2) 'Affected local governing authority' means any municipal governing authority when any part of such municipality is located within the service area and any county governing authority when any part of the unincorporated area of such county is located within the service area. (3) 'Cable service' means the one-way transmission to subscribers of video programming or other programming service and subscriber interaction, if any, which

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is required for the selection or use of such video programming or other programming service. Cable service shall not include any video programming provided by a provider of commercial mobile service as defined in 47 U.S.C. Section 332(d) or video programming provided as part of and via a service that enable users to access content, information, e-mail, or other services offered over the public Internet. (4) 'Cable service provider' means any person or group of persons:
(A) Who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system; or (B) Who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system. (5) 'Cable system' means a facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but such term shall not include: (A) A facility that serves only to retransmit the television signals of one or more television broadcast stations; (B) A facility that serves subscribers without using any public right of way as defined in this Code section; (C) A facility of a common carrier which is subject, in whole or in part, to the provisions of 47 U.S.C. Sections 201 through 276, except that such facility shall be considered a cable system, other than for purposes of 47 U.S.C. Section 541(c), to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services as that term is defined in 47 U.S.C. Section 522(12); (D) An open video system that complies with 47 U.S.C. Section 573; or (E) Any facility of any electric utility used solely for operating such electric utility system. (6) 'Franchise' means an initial authorization or renewal of an authorization issued by a franchise authority, regardless of whether the authorization is designated as a franchise, permit, license, resolution, contract, ordinance, certificate, agreement, or otherwise, that authorizes the construction or operation of a cable service provider or video service provider's network in the public rights of way. (7) 'Franchise authority' means any governmental entity empowered by federal, state, or local law to grant a franchise. With regard to the holder of a state franchise within the service areas covered by such state franchise, the Secretary of State shall be the sole franchising authority. With respect to a franchise agreement with a municipal or county governing authority, that municipality or county shall be the sole franchising authority within the service areas covered by that local franchise. (8) 'Gross revenues' means all revenues received from subscribers for the provision of cable service or video service, including franchise fees for cable service providers and video service providers, and advertising and home shopping services revenues and shall be determined in accordance with generally accepted accounting principles. Gross revenues shall not include:

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(A) Amounts billed and collected as a line item on the subscriber's bill to recover any taxes, surcharges, or governmental fees that are imposed on or with respect to the services provided or measured by the charges, receipts, or payments therefor; provided, however, that for purposes of this Code section, such tax, surcharge, or governmental fee shall not include any ad valorem taxes, net income taxes, or generally applicable business or occupation taxes not measured exclusively as a percentage of the charges, receipts, or payments for services; (B) Any revenue, such as bad debt, not actually received, even if billed; (C) Any revenue received by any affiliate or any other person in exchange for supplying goods or services used by the provider to provide cable service or video programming; (D) Any amounts attributable to refunds, rebates, or discounts; (E) Any revenue from services provided over the network that are associated with or classified as noncable or nonvideo services under federal law, including, without limitation, revenues received from telecommunications services, information services other than cable service or video service, Internet access services, or directory or Internet advertising revenue, including, without limitation, yellow pages, white pages, banner advertisements, and electronic publishing advertising. Where the sale of any such noncable or nonvideo service is bundled with the sale of one or more cable services or video services and sold for a single nonitemized price, the term 'gross revenues' shall include only those revenues that are attributable to cable service or video service based on the provider's books and records; such revenues shall be allocated in a manner consistent with generally accepted accounting principles; (F) Any revenue from late fees not initially booked as revenues, returned check fees, or interest; (G) Any revenue from sales or rental of property, except such property as the subscriber shall be required to buy or rent exclusively from the cable service provider or video service provider to receive cable service or video service; (H) Any revenue received from providing or maintaining inside wiring; (I) Any revenue from sales for resale with respect to which the purchaser shall be required to pay a franchise fee, provided the purchaser certifies in writing that it shall resell the service and pay a franchise fee with respect thereto; or (J) Any amounts attributable to a reimbursement of costs including, but not limited to, the reimbursements by programmers of marketing costs incurred for the promotion or introduction of video programming. (9) 'Incumbent service provider' means any cable service provider or video service provider providing cable service or video service, respectively, in a municipality or in an unincorporated area of a county on January 1, 2008. (10) 'Original programming' means programming produced specifically for or about a municipality or county or citizens thereof and shall include public government meetings. Original programming shall not include character generated messages, video bulletin board messages, traffic cameras, or other passively produced content.

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(11) 'PEG' means public, educational, or governmental. (12) 'Public right of way' means the area in, on, along, over, or under the public roads that are part of the municipal or county road system or the state highway system. (13) 'Service area' means the geographic territory within a municipality or unincorporated area of a county where a cable service provider or video service provider provides or has proposed to offer cable service or video service pursuant to a franchise. (14) 'Subscriber' means any person or entity lawfully receiving video service from a video service provider or cable service from a cable service provider. (15) 'Video programming' means programming provided by, or generally considered comparable to programming provided by, a television broadcast station, as set forth in 47 U.S.C. Section 522(20). (16) `Video service' means the provision of video programming through wireline facilities located at least in part in the public rights of way without regard to delivery technology, including Internet protocol technology. This term shall not include any video programming provided by a provider of commercial mobile service as defined in 47 U.S.C. Section 332(d) or video programming provided as part of and via a service that enables users to access content, information, e-mail, or other services offered over the public Internet. (17) 'Video service provider' means an entity providing video service as defined in this Code section. This term shall not include a cable service provider.
36-76-3. (a)(1) Any entity or person seeking to provide cable service or video service in this state after January 1, 2008, at the discretion of the cable service provider or video service provider, may elect from among the franchise options as set forth in this Code section. A cable service provider or video service provider shall not provide cable service or video service without a franchise obtained pursuant to this chapter. (2) A cable service provider or video service provider may elect to negotiate a local cable service or video service franchise agreement with a municipal or county franchise authority duly authorized under the laws of Georgia and may enter into a negotiated cable television franchise agreement in accordance with Title VI of the Communications Act of 1934, as amended, 47 U.S.C. Section 521 et seq., or a video service franchise agreement in accordance with applicable state and federal law that establishes the terms and conditions for the franchise agreement within the jurisdictional limits of that municipality or county. A local cable service or video service franchise agreement entered into after January 1, 2008, shall remain in force and effect through its expiration date notwithstanding subsection (g) of Code Section 36-76-4. (3) A cable service provider or video service provider may elect to adopt the terms of a negotiated franchise agreement entered into between a cable service provider or video service provider and a municipal or county franchise authority in the service area in which the cable service provider or video service provider desires to provide

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service. The municipal or county franchise authority shall be required to enter into any such negotiated franchise agreement upon the same terms and conditions to any requesting cable service provider or video service provider. A local cable service or video service franchise agreement that is adopted by a cable service provider or video service provider after January 1, 2008, shall remain in force and effect through its expiration date notwithstanding subsection (g) of Code Section 36-76-4. (4) A cable service provider or video service provider may elect after January 1, 2008, to file an application for a state franchise in one or more specified service areas with the Secretary of State in accordance with the procedures set forth in this chapter. (b) The alternatives in subsection (a) of this Code section shall not be mutually exclusive. A cable service provider or video service provider may elect after January 1, 2008, to negotiate with a municipal or county franchise authority to enter into a franchise agreement within a specified service area and may also obtain a state franchise for a different service area. A cable service provider or video service provider shall not operate under a franchise agreement with a municipal or county governing authority and a state franchise from the Secretary of State for the same service area.
36-76-4. (a) To receive a state franchise, a cable service provider or video service provider shall file an application for a state franchise with the Secretary of State, with a copy of such application provided simultaneously to each affected municipal or county governing authority at least 45 days prior to offering cable service or video service to subscribers within a specified service area. (b) The Secretary of State may impose a fee not to exceed $500.00 for a state franchise application and a fee not to exceed $250.00 for an amendment to a state franchise. (c) The application for a state franchise shall consist of an affidavit signed by an officer or general partner of the applicant that contains each of the following:
(1) An affirmative declaration that the applicant shall comply with all applicable federal and state laws and regulations, including municipal and county ordinances and regulations regarding the placement and maintenance of facilities in the public right of way that are generally applicable to all users of the public right of way and specifically including Chapter 9 of Title 25, the 'Georgia Utility Facility Protection Act'; (2) A description of the applicant's service area, which description shall be sufficiently detailed so as to allow a local government to respond to subscriber inquiries, including the name of each municipal or county governing authority within the service area. For the purposes of this paragraph, an applicant may, in lieu of or as supplement to a written description, provide a map on 8 1/2 by 11 inch paper that is clear and legible and that fairly depicts the service area by making reference to the municipal or county governing authority to be served. If the geographical area is less than an entire municipality or county, the map shall describe the boundaries of the geographic area to be served in clear and concise terms;

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(3) The location of the applicant's principal place of business, the name or names of the principal executive officer or officers of the applicant, information concerning payment locations or addresses, and general information concerning equipment returns; and (4) Certification that the applicant is authorized to conduct business in the State of Georgia and that the applicant possesses satisfactory financial and technical capability to provide cable service or video service and a description of such capabilities. Such certification shall not be required from an incumbent service provider or any cable service provider or video service provider that has wireline facilities located in the public right of way as of January 1, 2008; and (5) Notice to the affected local governing authority of its right to designate a franchise fee pursuant to Code Section 36-76-6. (d) If an application is incomplete, the Secretary of State shall notify the applicant within ten days of the receipt of such application and shall provide the applicant with a reasonable period of time in which to provide a complete application. If no such notification is made within ten days of the receipt of the application, the application shall be deemed complete. Within 45 days of the receipt of a completed application, the Secretary of State shall, except as set forth in subsection (f) of this Code section, issue a state franchise that contains the following: (1) A nonexclusive grant of authority to provide cable service or video service as requested in the application; (2) A nonexclusive grant of authority to construct, maintain, and operate facilities along, across, or on the public right of way in the delivery of cable service or video service, subject to applicable federal and state laws and regulations, including municipal and county ordinances and regulations, regarding the placement and maintenance of facilities in the public right of way that are generally applicable to all users of the public right of way and specifically including Chapter 9 of Title 25, the 'Georgia Utility Facility Protection Act'; and (3) The expiration date of the state franchise, which shall be ten years from the date of issuance, subject to renewal. (e) The failure of the Secretary of State to issue a state franchise within 45 days of the receipt of a completed application from an incumbent service provider or a cable service provider or video service provider that has wireline facilities located in any public right of way as of January 1, 2008, shall constitute issuance of the requested state franchise to the applicant without further action required by the applicant. The failure of the Secretary of State to issue a state franchise within 45 days of the receipt of a completed application from a cable service provider or video service provider that does not have an existing franchise with a municipal or county governing authority or that does not have wireline facilities located in any public right of way as of January 1, 2008, shall constitute temporary issuance of the requested state franchise to the applicant subject to the provisions of subsection (f) of this Code section. (f) A municipal or county governing authority that reasonably believes an applicant that has not yet accessed rights of way in that municipality or unincorporated area of a

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county and does not possess satisfactory financial and technical capability to provide cable service or video service or is not duly authorized to conduct business in Georgia shall object to the issuance of a state franchise before it is officially issued by the Secretary of State. If a municipal or county governing authority objects to the issuance of a state franchise on these grounds, the Secretary of State shall consider whether the objection is well founded and shall make a determination as to whether to grant the state franchise notwithstanding the objection or to deny or suspend the application pending the receipt of information sufficient to demonstrate the applicant has satisfactory financial and technical capability. If the Secretary of State has not acted on the objection of a municipal or county governing authority's objection and a state franchise is issued as set forth in subsection (e) of this Code section, then such temporary issuance of the state franchise shall be subject to the Secretary of State's determination on the objection.
(g)(1) At any time after January 1, 2008, an incumbent service provider may file an application for a state franchise pursuant to this Code section with the Secretary of State with a copy provided to each affected municipal or county governing authority except as set forth in paragraphs (2) and (3) of subsection (a) of Code Section 36-763. Upon the Secretary of State issuing such state franchise, any existing franchise for the service area covered by the state franchise shall, subject to the continuation of PEG support obligations in paragraph (4) of this subsection, terminate and be of no further force or effect. (2) An incumbent service provider that elects to terminate an existing franchise for the service area covered by the state franchise under this subsection shall remain subject to the contractual rights, duties, and obligations incurred by the incumbent service provider under the terms and conditions of the terminated local franchise that are owed to any private person, including a subscriber. (3) As used in this subsection, the term 'private person' shall not include:
(A) The municipal or county governing authority that issued the terminated local franchise; (B) A political subdivision, government agency, or authority of the state not described in subparagraph (A) of this paragraph; or (C) Any official, agent, or employee acting in an official capacity of the municipal or county governing authority that issued the terminated local franchise. (4) An incumbent service provider that elects to terminate a franchise under this subsection shall continue to provide PEG access support, as such existed on January 1, 2007, under the same terms as the terminated local franchise had it not been terminated until the local franchise would have expired under its own terms. (5) Notwithstanding a termination of a local franchise pursuant to this subsection, a municipality or county shall be entitled to operate its existing PEG channel or channels, as such existed on January 1, 2007, relating to the number of channels and the usage criteria for such channels under the same terms as the terminated local franchise had it not been terminated, pursuant to this subsection, until July 1, 2012. The 12 month development period for PEG channels set forth in subsection (a) of

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Code Section 36-76-8 shall not apply to existing PEG channels operating under the entitlement provisions of this subsection. (6) The 12 month development period for PEG channels set forth in subsection (a) of Code Section 36-76-8 shall not apply to channels being operated at the time that any holder of a state franchise adopts or renews a state franchise after July 1, 2012. (7) An incumbent service provider that elects to terminate a franchise under this subsection, shall, until July 1, 2012, continue to provide access on the nonbasic or digital tier to any municipality or county that has an activated public safety training channel as of January 1, 2007. This channel shall be used exclusively for the purpose of training public safety personnel. After July 1, 2012, the state franchise holder shall be entitled to use other reasonable, readily accessible means to accomplish the purpose of the channel. (8) Each holder of a state franchise shall have the obligation to provide access to the same number of PEG channels pursuant to Code Section 36-76-8 and the additional PEG support cash payments specified in this paragraph for PEG access facilities in a service area as the incumbent service provider with the most subscribers in such service area as of January 1, 2007, which obligation shall continue until the local franchise would have expired under its own terms as specified in paragraph (4) of this subsection; provided, however, that if a local franchise would have expired before July 1, 2012, the holder of a state franchise shall continue to provide access to the same number of PEG channels until July 1, 2012, as provided in paragraph (5) of this subsection. To the extent such incumbent service provider provides PEG access support during said period in the form of periodic payments to the municipal or county governing authority equal to a percentage of gross revenue or a prescribed per subscriber amount, the state franchise holder shall be obligated to make the same periodic payments to the governing authority at the same time and equal to the same percentage of gross revenue or prescribed per subscriber amount. To the extent such incumbent service provider provides PEG access support to the applicable governing authority during said period in the form of a lump sum payment that remains unsatisfied as of January 1, 2008, the holder of a state franchise shall be obligated to provide a lump sum payment to said authority based on its proportion of the total number of cable service and video service subscribers of all service providers in such service area. No payments shall be due under this paragraph until the municipality or county notifies the respective providers, in writing, of the percentage of gross revenues, the per subscriber amount, or the lump sum payment amount and the expiration date of the local franchise obtaining such obligations. The holder of a state franchise may designate that portion of the subscriber's bill attributable to any fee imposed pursuant to this paragraph as a separate item on the bill and recover such amount from the subscriber.
36-76-5. (a) A state franchise shall be fully transferable to any successor in interest to the applicant. A notice of transfer shall be filed by the transferee with the Secretary of

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State with a copy provided to each affected municipal or county governing authority within 45 days of such transfer. The transfer notification shall consist of an affidavit signed by an officer or general partner of the transferee that contains each of the following:
(1) An affirmative declaration that the applicant shall comply with all applicable federal and state laws and regulations, including municipal and county ordinances and regulations, regarding the placement and maintenance of facilities in any public right of way that are generally applicable to all users of the public right of way and specifically including Chapter 9 of Title 25, the 'Georgia Utility Facility Protection Act'; (2) A description of the transferee's service area, including the name of each municipal or county governing authority within the service area; (3) The location of the transferee's principal place of business and the name or names of the principal executive officer or officers of the transferee; and (4) A description of material changes, if any, of the information set forth in the applicant's initial application for a state franchise. (b) Any outstanding liabilities that have become due and are still owed to a municipal or county governing authority under a state franchise issued pursuant to this chapter shall be fully transferable under this Code section to any successor in interest to the applicant. (c) The failure of the Secretary of State to issue an amended state franchise within 45 days of the receipt of a completed transfer notice shall constitute issuance of the requested amended state franchise to the transferee without further action required. (d) A cable service provider or video service provider may modify its service area covered by the state franchise by notifying the Secretary of State of changes to the service area, with a copy provided to each affected municipal or county governing authority, at least 20 days prior to the effective date of such change. Such notification shall contain a geographic description of the new service area or areas and a list of each municipal or county governing authority within the service area. (e) A state franchise issued pursuant to this chapter may be terminated by the cable service provider or video service provider by submitting a notice of termination to the Secretary of State with a copy provided to each affected municipal or county governing authority. Such notice shall identify the cable service provider or video service provider, the affected service area, and the effective date of such termination, which shall not be more than 60 days from the date of filing the notice of termination.
36-76-6. (a) The holder of a state franchise, whether a cable service provider or a video service provider, shall pay to each affected local governing authority which complies with this Code section a franchise fee which shall not exceed the maximum percentage rate permitted in 47 U.S.C. Section 542(b) of such holder's gross revenues received from the provision of cable service or video service to subscribers located within such holder's service area.

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(1) Each affected local governing authority or its authorized designee shall provide written notice to the Secretary of State and each applicant for or holder of a state franchise with a service area located within that affected local governing authority's jurisdiction of the franchise fee rate that applies to the applicant for or holder of such state franchise. The applicant for or holder of a state franchise shall start assessing the franchise fee within 15 days of receipt of written notice from the affected local governing authority or its authorized designee and shall not be required to pay such franchise fee until the expiration of 15 days after receipt of such written notice. Any incumbent service provider who obtains a state franchise under paragraph (1) of subsection (g) of Code Section 36-76-4 shall pay its existing franchise fee during the 15 day period after receipt of written notice of the new fee. The franchise fee rate shall be uniformly applicable to all cable service providers and video service providers that obtain a state franchise within the affected local governing authority. For purposes of this Code section, an authorized designee is an agent authorized by charter or other act of the affected local governing authority. (2) Any affected local governing authority may change the franchise fee applicable to holders of a state franchise once every two years. The affected local governing authority or its authorized designee shall provide written notice to the Secretary of State and the applicants for or holders of a state franchise with a service area within that affected local governing authority's jurisdiction of the new franchise fee rate. The holder of a state franchise shall start assessing the new franchise fee within 45 days of receipt of written notice of the change from the affected local governing authority or its authorized designee. The franchise fee rate shall be uniformly applicable to all cable service providers and video service providers that obtain a state franchise within the affected local governing authority's jurisdiction. (b) Such franchise fee shall be paid directly to each affected local governing authority within 30 days after the last day of each calendar quarter. Such payment shall be considered complete if accompanied by a statement showing, for the quarter covered by the payment: (1) The aggregate amount of the state franchise holder's gross revenues, specifically identifying subscriber and advertising and home shopping services revenues under this chapter insofar as the franchise holder's existing billing systems include such capability, attributable to such municipality or unincorporated areas of the county; and (2) The amount of the franchise fee payment due to such municipality or county. In the event that franchise fees are not paid on or before the dates specified above, then the affected local governing authority shall provide written notice to the franchise holder giving the cable service provider or video service provider 15 days from the date of the franchise holder's receipt of such notice to cure any such nonpayment. In the event franchise fees are not remitted to the affected local government authority postmarked on or before the expiration of the 15 day cure period, then the holder of the state franchise shall pay interest thereon at a rate of 1 percent per month to the affected local governing authority. If the 15 day cure period expires on Saturday, Sunday, or a legal holiday, the due date shall be the next business day. Moreover, the franchise

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holder shall not be assessed interest on late payments if franchise payments were submitted in error to a neighboring local governing authority. (c) Each affected local governing authority may, no more than once annually, audit the business records of the state franchise holder to the extent necessary to ensure payment in accordance with this Code section. For purposes of this subsection, an audit shall be defined as a comprehensive review of the records of the holder of a state franchise. Once any audited period of a state franchise holder has been the subject of a requested audit, such audited period of such state franchise holder shall not again be the subject of any audit. In the event of a dispute concerning the amount of the franchise fee due to an affected local governing authority under this Code section, an action may be brought in a court of competent jurisdiction by an affected local governing authority seeking to recover an additional amount alleged to be due or by a state franchise holder seeking a refund of an alleged overpayment; provided, however, that any such action shall be brought within three years following the end of the quarter to which the disputed amount relates. Such time period may be extended by written agreement between the state issued franchise holder and such affected local governing authority. Each party shall bear the party's own costs incurred in connection with any such examination or dispute. In the event that an affected local governing authority files an action to recover alleged underpayments of franchise fees and a court of competent jurisdiction determines the cable service provider or video service provider has underpaid franchise fees due for any 12 month period by 10 percent or more, the cable service provider or video service provider may be required to pay the affected local governing authority its reasonable costs associated with the audit along with any franchise fee underpayments; provided, however, late payments shall not apply. (d) The statements made pursuant to subsection (b) of this Code section and any records or information furnished or disclosed by a cable service provider or video service provider to an affected local governing authority pursuant to subsection (c) of this Code section shall be exempt from public inspection under Code Section 50-18-70. (e) No acceptance of any payment shall be construed as a release or as an accord and satisfaction of any claim an affected local governing authority may have for further or additional sums payable as a franchise fee. (f) Any amounts overpaid by the holder of a state franchise shall be deducted from future franchise payments. (g) The holder of a state franchise may designate that portion of a subscriber's bill attributable to any franchise fee imposed pursuant to this Code section as a separate item on the bill and recover such amount from the subscriber; provided, however, that such separate listing shall be referred to as a 'franchise' or a 'franchise fee.' (h) No affected local governing authority shall levy any additional tax, license, fee, surcharge, or other assessment on a cable service provider or video service provider for or with respect to the use of any public right of way other than the franchise fee authorized by this Code section. Nor shall an affected local governing authority levy any other tax, license, fee, or assessment on a cable service provider or video service provider or its subscribers that is not generally imposed and applicable to a majority of

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all other businesses. The franchise fee authorized by this Code section shall be in lieu of any permit fee, encroachment fee, degradation fee, or other fee that could otherwise be assessed on a state issued franchise holder for the holder's occupation or work within the public right of way; provided, however, that nothing in this Code section shall restrict the right of any municipal or county governing authority to impose ad valorem taxes, sales taxes, or other taxes lawfully imposed on a majority of all other businesses within such municipality or county.
36-76-7. (a) The holder of a state franchise shall comply with the customer service standards as set forth in 47 C.F.R. 76.309(c). No franchising authority shall have the power to require the holder of a state franchise to comply with any customer service standards other than those set forth in this Code section.
(b) Except as provided in paragraph (2) of subsection (c) of this Code section, each affected local governing authority shall receive and handle complaints from subscribers of the holder of a state franchise that reside in the affected local governing authority's jurisdiction. (c)(1) By December 31, 2007, the Governor's Office of Consumer Affairs shall conduct a rulemaking to establish a uniform set of rules, which may include fines and penalties, pursuant to which an affected local governing authority shall resolve subscriber complaints. Said rules shall include a requirement that the cable service provider or video service provider participate in mandatory nonbinding mediation with the affected local governing authority and the subscriber if the issue cannot be resolved between the cable service provider or video service provider and the subscriber. Said rules shall apply only until 50 percent of the potential subscribers within an affected local governing authority are offered service by two or more cable service providers or video service providers holding a state franchise or a local franchise. (2) After such time as 50 percent of the potential subscribers within an affected local governing authority are being offered service by two or more cable service providers or video service providers holding a state franchise or a local franchise, an affected local governing authority may, in its discretion, by the adoption of a resolution or ordinance, discontinue receiving and handling all subscriber inquires, billing issues, and other complaints for state franchise holders. Notwithstanding any other provision of law, where an affected local governing authority discontinues receiving and handling subscriber inquires, billing issues, and other complaints relating to state franchise holders by adoption of a resolution or ordinance pursuant to this paragraph, bills to subscribers by cable service providers or video service providers holding a state franchise shall not include the contact information of such affected local governing authority for the purpose of directing or initiating complaints or making other such subscriber inquires.

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36-76-8. (a) No later than 12 months after receipt of a written request by a municipal or county governing authority, the holder of a state franchise shall designate capacity in its network to allow for the airing of noncommercial PEG programming required by this Code section.
(b)(1) Subject to the usage criteria set forth in this subsection, a municipal or county governing authority that does not have PEG access channels activated under the incumbent service provider's franchise agreement as of January 1, 2008, may request a sufficient amount of capacity on its network to support up to three PEG channels for a municipality in this state having a population of 50,000 or more according to the United States decennial census of 2000 or any future such census or an unincorporated area of a county which is located in a county in this state having a population of 50,000 or more according to the United States decennial census of 2000 or any future such census or up to two PEG channels for a municipality in this state having a population of 50,000 or less according to the United States decennial census of 2000 or any future such census or an unincorporated area of a county which is located in a county in this state having a population of 50,000 or less according to the United States decennial census of 2000, and the cable service provider or video service provider shall designate such sufficient amount of capacity. No cable service provider or video service provider shall be required to provide more than three PEG access channels on its network within a municipality or unincorporated area of a county if there does not exist at the time of the state franchise more than three active PEG channels in such municipality or unincorporated area of the county. (2) To qualify for the first PEG channel on the basic or analog tier of service, the written request of the municipality or county shall include a certification that it has produced at least 15 hours of nonduplicative original programming for production in the first month of operation and that the municipality or county shall continue to produce at least 15 hours of nonduplicative original programming for each month that the channel is provided. (3) Alternatively, to qualify for the first PEG channel on the basic or analog tier of service, two or more municipalities or counties may collectively include a certification that they have produced at least 15 hours of nonduplicative original programming for production in the first month of operation and that the municipalities or counties shall continue to produce at least 15 hours of nonduplicative original programming for each month that the channel is provided. (4) To qualify for a second PEG channel on the basic or analog tier of service, the municipality or county shall certify that the first channel is being substantially utilized, and that upon activation, the second PEG channel shall also be substantially utilized. For purposes of this subsection, PEG channels shall be considered 'substantially utilized' when 12 continuous hours of content are programmed on that channel each calendar day. In addition, at least 75 percent of the 12 hours of programming for each business day over each calendar quarter, on average, shall be

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nonduplicative programming. Nonduplicative programming shall include the first three broadcasts in a day of a meeting of an elected government body. (5) To qualify for a third PEG channel, a municipality in this state having a population of 50,000 or more according to the United States decennial census of 2000 or any future such census or an unincorporated area of a county which is located in a county in this state having a population of 50,000 or more according to the United States decennial census of 2000 or any future such census shall certify that the channel shall be programmed for at least eight continuous hours of nonduplicative content per day. The third PEG channel shall only be available on the nonbasic digital tier. (6) Any municipality or county that has not obtained a second PEG channel on the basic or analog tier may qualify for a second PEG channel on the nonbasic digital tier by certifying that the channel shall be programmed for at least eight continuous hours of nonduplicative content per day. (7) Any PEG channel capability provided pursuant to this Code section that does not comply with the usage criteria set forth in this subsection or is not substantially utilized by the municipality or county shall no longer be made available after reasonable notice is provided to the municipality or county but may be programmed at the franchise holder's discretion. At such time as the municipality or county certifies to the franchise holder that it shall meet the usage criteria for that particular channel, the cable service provider or video service provider shall restore the previously lost channel. However, the franchise holder shall be under no obligation to carry that channel on a basic or analog tier. (c) Upon request by a municipality or county that does not have an activated PEG channel, the state franchise holder shall provide access to one nonexclusive PEG channel for the purpose of providing public, educational, and government programming. This nonexclusive channel shall be available as an additional option to municipalities and counties and shall not eliminate the requirements of subsection (b) of this Code section. (d) In the event that the provision of video service and cable service is federally mandated to be digitally provided, the franchise holder shall be entitled to satisfy the PEG obligations by locating the channels on any channel provided in the basic subscription service offered by the provider. (e) Municipalities, counties, and cable service providers and video service providers shall cooperate in the sharing of channel capacity to provide PEG access for municipalities and counties served by the cable service provider or video service provider. (f) The holder of a state franchise shall designate capacity on its system sufficient to allow the provision of the same number of PEG access channels that a municipal or county governing authority has activated under the incumbent service provider's franchise agreement as of January 1, 2008. (g) The operation of any PEG access channel provided pursuant to this Code section and the production of programming thereon, including all capital costs and costs of

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production, shall be the responsibility of the municipality or the county receiving the benefit of such channel, and the holder of a state franchise shall only have the responsibility to transmit such channel to subscribers. If the holder elects not to seek interconnection with the incumbent under subsection (i) of this Code section or if the incumbent service provider and the holder of a state franchise cannot reach mutual agreement on interconnection terms, the holder of a state franchise shall be responsible for providing one location of connectivity to each PEG access channel up to the first 200 feet from the holder's activated wireline video programming distribution facility located in the holder's designated service area. (h) The municipality or the county shall ensure that all transmissions of content and programming provided by or arranged by them to be transmitted over a PEG channel by a holder of a state franchise are provided and submitted to the cable service provider or video service provider in a manner or form that is capable of being accepted and transmitted by such cable service provider or video service provider over its system without further alteration or change in the content or transmission signal and which is compatible with the technology or protocol utilized by the cable service provider or video service provider to deliver its cable services or video services. The provision of PEG content to the cable service provider or video service provider shall constitute authorization for such cable service provider or video service provider to carry such content on the PEG channel of the municipality or county including, at the cable service provider or video service provider's option, providing such content beyond the jurisdictional boundaries of the municipality or county to the extent permitted by federal law. (i) Where technically feasible, the holder of a state franchise and an incumbent service provider shall use reasonable efforts to interconnect their systems on mutually acceptable and reasonable terms for the purpose of providing PEG programming. Interconnection may be accomplished by direct cable microwave link, satellite, or other reasonable method of connection. Holders of a state franchise and incumbent service providers shall not unreasonably withhold interconnection of PEG channels. (j) A holder of a state franchise shall not be required to interconnect for or otherwise transmit commercial PEG programming content or PEG content that is branded with the logo, name, or other identifying marks of another cable service provider or video service provider, and a municipality or county may require a cable service provider or video service provider to remove its logo, name, or other identifying marks from PEG content that is to be made available to another provider.
36-76-9. A cable service provider or video service provider shall, upon written request by a municipality or county, install, at no charge, one service outlet to a demarcation point located on the outside of any designated municipal or county building or multibuilding complex, provided such building demarcation point is within 125 feet from the cable service provider or video service provider's activated distribution point of connection. A cable service provider or video service provider shall not be required to extend its

FRIDAY, APRIL 13, 2007

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facilities beyond the appropriate demarcation point located outside the building or to perform any inside wiring. The cable service provider or video service provider shall provide complimentary basic cable service or video service to public schools and public libraries over that one service outlet free of charge, which service shall not be used for commercial purposes. The cable service provider or video service provider shall provide complimentary basic cable service or video service to public buildings other than public schools and public libraries only to the extent such a complimentary service arrangement existed under the terms of a local franchise agreement in effect as of January 1, 2007, and shall continue only until the local franchise agreement would have expired under its own terms; provided, however, that such provider shall not be precluded from providing such additional complimentary service at its option. The municipality or county may not receive service at the same building from more than one cable service provider or video service provider at a time under this Code section.
36-76-10. No franchising authority, state agency, or political subdivision of the state shall impose any build-out requirement on system construction or service deployment on a holder of a state franchise. This chapter shall occupy the entire field of franchising or otherwise regulating cable service and video service. An affected local governing authority's power to regulate the holder of a state franchise shall be limited to:
(1) A requirement that the holder of a state franchise who is providing cable service or video service within the municipality or unincorporated area of the county shall notify each affected local governing authority at least ten days before providing service in such municipality or county. A municipal or county governing authority may require the holder of a state franchise to update the description of the service area provided in the application for a state franchise annually and may also require the holder of a state franchise to maintain a point of contact that shall be available during normal business hours; (2) The establishment of reasonable guidelines regarding the use of PEG access channels; (3) The lawful and reasonable exercise of the police powers of the municipal or county governing authority to the extent reasonably necessary to protect the health, safety, and welfare of the public; (4) The enactment and enforcement of lawful and reasonable laws and rules and municipal or county ordinances and regulations concerning excavation, permitting, bonding requirements, indemnification requirements, and placement and maintenance of facilities in any public right of way that are generally applicable to all users of any public right of way, except to the extent specifically precluded by subsection (h) of Code Section 36-76-6; and (5) The lawful and reasonable exercise of the rights established in this chapter.
36-76-11.

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(a) A holder of a state franchise shall not deny access to service to any group of potential residential subscribers because of the income of the residents in the local area in which such group resides. (b) For purposes of determining whether a cable service provider or video service provider has violated subsection (a) of this Code section, cost, density, distance, and technological or commercial limitations shall be taken into account. An alleged violation of subsection (a) of this Code section shall only be considered within the description of the service area set forth in an application or amended application for a state franchise. The inability to serve an end user because a holder is prohibited from placing its own facilities in a building or property shall not be found to be a violation of subsection (a) of this Code section. Use of an alternative technology or service arrangement that provides comparable content, service, and functionality shall not be considered a violation of subsection (a) of this Code section. This Code section shall not be construed as authorizing any build-out requirements on a cable service provider or video service provider. (c) Any potential residential subscriber or group of residential subscribers who believes it is being denied access to services in violation of subsection (a) of this Code section may file a complaint with the affected local governing authority, along with a clear statement of the facts and the information upon which it is relying to support the complaint. Upon receipt of any such complaint, the affected local governing authority shall serve a copy of the complaint and supporting materials upon the subject cable service provider or video service provider, which shall have 60 days after receipt of such information to submit a written answer and any other relevant information the provider wishes to submit to the affected local governing authority in response to the complaint. If the affected local governing authority is not satisfied with the response, the affected local governing authority shall compel the cable service provider or video service provider to participate in nonbinding mediation. If the mediation does not resolve the matter to the satisfaction of the affected local governing authority, the affected local governing authority may file a complaint with a court of competent jurisdiction. No affected local governing authority shall file an action in court without having participated in a mediation of the complaint. If such court finds that the holder of a state franchise is in material noncompliance with this Code section, the holder shall have a reasonable period of time, as specified by the court, to cure such noncompliance. The court may also award the affected local governing authority its reasonable costs and attorneys fees in seeking enforcement of subsection (a) of this Code section."
SECTION 2. This Act shall become effective on July 1, 2007.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

FRIDAY, APRIL 13, 2007

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Representative Lewis of the 15th moved that the House agree to the Senate substitute to HB 227.

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

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S E Day

Y Dempsey Y Dickson Y 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 Frazier E Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves
Greene Y Hamilton
Hanner Harbin Y Hatfield Y Heard, J Heard, K Heckstall Y Hembree Y Henson Y Hill, C Hill, C.A Y Holmes

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

Y Martin Y Maxwell
May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan E Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake
Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders E Sailor Y Scott, A

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

On the motion, the ayes were 146, nays 0.

The motion prevailed.

HB 153. By Representatives Loudermilk of the 14th, Oliver of the 83rd, Lewis of the 15th, Franklin of the 43rd, Setzler of the 35th and others:

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A BILL to be entitled an Act to amend Part 6 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the deprivation of juveniles, so as to provide certain requirements when placing children with the Division of Family and Children Services; to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to provide new definitions; 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 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change certain provisions relating to hearings in juvenile court; to change provisions relating to disposition of a deprived child; to provide for certain requirements when changing placement of children who are in the custody of the Division of Family and Children Services; to provide for procedure; to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to provide new definitions and a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by revising subsection (c) of Code Section 15-11-21, relating to associate juvenile court judges, appointment and compensation, qualifications, conduct of hearings, and rehearing, as follows:
"(c) The judge may direct that hearings in In any case or class of cases involving alleged delinquent, unruly, or deprived children, the judge shall determine whether such case shall be conducted in the first instance by the judge or by the associate juvenile court judge in the manner provided by this article. If a party so requests, the hearing shall be conducted by the judge except for detention hearings or probable cause hearings, which shall be conducted by the associate juvenile court judge if directed to do so by the judge."
SECTION 2. Said article is further amended by revising Code Section 15-11-55, relating to the disposition of a deprived child, as follows:
"15-11-55. (a) If the child is found to be a deprived child, the court may make any of the following orders of disposition best suited to the protection and physical, mental, and moral welfare of the child:

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(1) Permit the child to remain with his or her parents, guardian, or other custodian, including a putative father, subject to conditions and limitations as the court prescribes, including supervision as directed by the court for the protection of the child; (2) Subject to conditions and limitations as the court prescribes, transfer temporary legal custody to any of the persons or entities described in this paragraph. Without limiting the generality of the foregoing, such conditions and limitations shall include a provision that the court shall approve or direct the retransfer of the physical custody of the child back to the parents, guardian, or other custodian either upon the occurrence of specified circumstances or in the discretion of the court. Any such retransfer of physical custody may be made subject to such further conditions and limitations as the court prescribes, including supervision for the protection of the child. The persons or entities to whom or which temporary legal custody may be transferred shall include the following:
(A) Any individual including a putative father who, after study by the probation officer or other person or agency designated by the court, is found by the court to be qualified to receive and care for the child; (B) An agency or other private organization licensed or otherwise authorized by law to receive and provide care for the child; (C) Any public agency authorized by law to receive and provide care for the child; provided, however, that for the purpose of this Code section, the term 'public agency' shall not include the Department of Juvenile Justice; or (D) An individual in another state with or without supervision by an appropriate officer under Code Section 15-11-89. Except for dispositions pursuant to paragraph (1) of subsection (a) of Code Section 15-11-66 and Code Section 15-11-67, before transferring temporary legal custody in an order of disposition under this paragraph a reasonably diligent search for a parent or relative of the child or other persons who have demonstrated an ongoing commitment to the child shall be conducted by the court and the Department of Human Resources. Such search shall be completed within 90 days from the date on which the child was removed from the home, the results of such search documented in writing and filed with the court at the time of the first review. During such 90 day period, the child may be placed in the temporary legal custody of the Department of Human Resources or any other appropriate entity or person; or (3) Without making any of the orders specified in paragraphs (1) and (2) of this subsection, transfer custody of the child to the court of another state exercising jurisdiction over children if authorized by and in accordance with Code Section 1511-87 if the child is or is about to become a resident of that state. (b) Unless a child found to be deprived is found also to be delinquent, such child shall not be committed to or confined in an institution or other facility designed or operated for the benefit of delinquent children. (c) Notwithstanding any other provision of law, the court after transferring temporary legal custody of a child to the Division of Family and Children Services within the

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Department of Human Resources may at any time conduct sua sponte a judicial review of the current placement plan being provided to said child. After its review the court may order the division to comply with the current placement plan, order the division to devise a new placement plan within available division resources, or make any other order relative to placement or custody outside the Department of Human Resources as the court finds to be in the best interest of the child. Placement or a change of legal custody by the court outside the Department of Human Resources shall relieve the department of further responsibility for the child so placed. (d) The policy of this state is that children in the custody of the Division of Family and Children Services should have stable placements. Not less than five days in advance of any placement change, the division shall notify the court, a child who is 14 years of age or older, the child's parents, guardian, or other custodian, and any attorney of record of such change in the location of the child's placement while the child is in the division's custody; provided, however, that if the child's health or welfare may be endangered by any delay in changing the child's placement, only the court and any attorney of record shall be notified of such placement change within 24 hours of such change. A child who is 14 years of age or older, the child's parents, guardian, or other custodian, and any attorney of record may request a hearing with regard to the child's case plan or the permanency plan in order for the court to consider the change in the location of the child's placement and any changes to the case plan or permanency plan resulting from the child's change in placement location. Such hearing shall be held within five days of receiving notice of a change in the location of the child's placement and prior to any such placement change, unless the child's health or welfare may be endangered by any delay in changing the child's placement. At the hearing to consider the child's case plan and permanency plan, the court shall consider the case plan and permanency plan recommendations made by the division, including a recommendation as to the location of the placement of the child, and shall make findings of fact upon which the court relied in determining to reject or accept the case plan or permanency plan and the recommendations made by the division, including the location of the child's placement. If the court rejects the recommendations of the division, the court shall demonstrate that the division's recommendations were considered and explain why it did not follow the recommendations. If the court rejects the division's case plan and permanency plan recommendations, including the change in the location of the placement of the child, the court may order the division to devise a new case plan and permanency plan recommendation, including a new recommendation as to the location of the child within the resources of the department, or make any other order relative to placement or custody outside the Department of Human Resources as the court finds to be in the best interest of the child and consistent with this subsection. Placement or a change of legal custody by the court outside the Department of Human Resources shall relieve the department of further responsibility for the child so placed. (d)(e) A juvenile court shall not be required to make an order of disposition pursuant to this Code section regarding a child who is discharged from a facility in which the child was hospitalized or habilitated pursuant to Chapter 3, 4, or 7 of Title 37 unless the child

FRIDAY, APRIL 13, 2007

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is to be discharged into the physical custody of any person who had such custody when the court made its most recent finding that such child was deprived. (e)(f) If a child is found to be a deprived child and the deprivation is found to have been the result of alcohol or other drug abuse by a parent or guardian, as specified in subsection (b) of Code Section 15-11-54, and the court orders transfer of temporary legal custody of the child, as provided in paragraph (2) of subsection (a) of this Code section, the court is authorized to further order that legal custody of the child may not be transferred back to the child's custodian or guardian whose abuse of alcohol or another drug resulted in the child's deprivation unless such person undergoes substance abuse treatment and random substance abuse screenings and those screenings remain negative for a period of no less than six consecutive months."

SECTION 3. Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, is amended by revising paragraph (12) of Code Section 49-53, relating to definitions, as follows:
"(12) 'Legal custody' means a legal status created by court order embodying the following rights and responsibilities:
(A) The right to have the physical possession of the child or youth; (B) The right and the duty to protect, train, and discipline him the child; (C) The responsibility to provide him the child with food, clothing, shelter, education, and ordinary medical care; and (D) The right to determine where and with whom he the child shall live, provided that these rights and responsibilities shall be exercised subject to the powers, rights, duties, and responsibilities of the guardian of the person of the child or youth and subject to any residual parental rights and responsibilities. These rights shall be subject to judicial oversight and review pursuant to Code Section 15-11-55."

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

Representative Loudermilk of the 14th moved that the House agree to the Senate substitute to HB 153.

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

Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson

Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James

Y Martin Y Maxwell E May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell

Y Scott, M Y Sellier
Setzler Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Sims, F

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Y Black Y Bridges Y Brooks
Bruce Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S E Day

Y Fleming Y Floyd, H Y Floyd, J Y Fludd E Forster Y Franklin
Frazier E Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves
Greene Y Hamilton
Hanner Harbin Y Hatfield Y Heard, J Heard, K Heckstall Y Hembree Y Henson Y Hill, C Hill, C.A Y Holmes

Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen
Keown Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey
Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

E Morgan E Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake
Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal
Rynders E Sailor Y Scott, A

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

On the motion, the ayes were 141, nays 0.

The motion prevailed.

HB 90. By Representative Sims of the 169th:

A BILL to be entitled an Act to amend Code Section 43-18-70 of the Official Code of Georgia Annotated, relating to practice at a licensed funeral establishment or crematory, so as to provide that a funeral establishment shall have an adequate stock of funeral caskets on the premises; to provide that the display room may contain actual caskets or may contain models, mock-ups, or sections of caskets or similar items if such caskets are readily available and in stock for purchase at the establishment or can be delivered within 24 hours; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Senate substitute was read:

A BILL

FRIDAY, APRIL 13, 2007

2615

To amend Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors and establishments, embalmers, and crematories, so as to provide for certain requirements and options for licensing and license holders; to provide additional options for reciprocity; to provide for certain procedures; to provide that a funeral establishment operated by a person and others licensed by the State Board of Funeral Services shall have an adequate stock of funeral caskets on the premises; to provide that the display room may contain actual caskets or may contain models, mockups, or sections of caskets or similar items if such caskets are readily available and in stock for purchase at the establishment or can be delivered within 24 hours; 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 43 of the Official Code of Georgia Annotated, relating to funeral directors and establishments, embalmers, and crematories, is amended by revising Code Section 43-18-42, relating to reciprocity for licensed embalmers and funeral directors from other states, as follows:
"43-18-42. (a) The board may, in its discretion and in accordance with regulations adopted by the board, grant to any person licensed in another state, territory, country, or District of Columbia full privileges to engage in equivalent practice authorized by this article without taking a national examination if:
(1)(A) On or after January 1, 1991, such person successfully passes a written examination approved by the board which tests knowledge of the law of this state relating to funeral directors; and (2)(B) Such person satisfied in another state, territory, country, or District of Columbia the requirements for licensure which are:
(A)(i) In effect in Georgia on the date of application; or (B)(ii) Substantially equal to the requirements for a similar license in Georgia.; or (2) Such person seeking a license pursuant to this Code section has engaged in the active practice of funeral service as a licensed funeral director and embalmer for three years immediately preceding his or her application for a license in Georgia. (b) Nothing in this Code section shall be construed to prevent an applicant denied pursuant to this Code section from taking the examination for licensure pursuant to this article if that applicant otherwise meets the qualifications set out in Code Section 4318-41."
SECTION 2. Said article is further amended by revising paragraph (3) of subsection (b) of Code Section 43-18-70, relating to practice at licensed funeral establishment or crematory, facilities, and living quarters, as follows:

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"(3) A display room containing actual caskets or models, mock-ups, or sections of caskets or similar items if all such caskets are available and in stock for purchase at the establishment or can be delivered within 24 hours. Each funeral establishment shall maintain on the premises at each of its locations an adequate stock of funeral caskets as established by the board which shall not be less than eight and which shall meet such other criteria as necessary to protect the public;"

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Sims of the 169th moved that the House agree to the Senate substitute to HB 90.

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

Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Bryant Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S E Day

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming
Floyd, H Y Floyd, J Y Fludd E Forster Y Franklin
Frazier E Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves
Greene Hamilton Hanner Harbin Y Hatfield Y Heard, J Heard, K Heckstall Y Hembree Y Henson Y Hill, C Hill, C.A Y Holmes

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

Y Martin Y Maxwell E May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan E Morris Y Mosby Y Mumford Y Murphy
Neal Y Nix
Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake
Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders E Sailor Y Scott, A

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

FRIDAY, APRIL 13, 2007

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On the motion, the ayes were 136, nays 0.
The motion prevailed.
HB 270. By Representatives Ralston of the 7th, Benton of the 31st, Oliver of the 83rd, Carter of the 159th, Fleming of the 117th and others:
A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 11 of Title 15 of the O.C.G.A., relating to general provisions in juvenile proceedings, so as to change provisions relating to the appointment of a guardian ad litem; to provide for definitions; to change provisions relating to a court appointed special advocate including appointment, training, role, and responsibilities; to provide for notice of juvenile court proceedings to a court appointed special advocate; to provide for a court appointed special advocate's access to records; to provide for confidentiality of certain information; to provide for immunity for a court appointed special advocate; to provide for removal of a court appointed special advocate; to provide for related matters; to provide for an effective date; 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 11 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions in juvenile proceedings, so as to change provisions relating to the appointment of a guardian ad litem; to provide for definitions; to change provisions relating to a court appointed special advocate including appointment, training, role, and responsibilities; to provide for notice of juvenile court proceedings to a court appointed special advocate; to provide for a court appointed special advocate's access to records under certain circumstances; to provide for confidentiality of certain information; to provide for a penalty for disclosing confidential information; to provide for immunity for a court appointed special advocate; to provide for removal of a court appointed special advocate; 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 1 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions in juvenile proceedings, is amended by revising subsection (a) of Code Section 15-11-9, relating to appointment of a guardian ad litem, as follows:

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"(a) As used in this Code section, the term 'court appointed special advocate' means a volunteer who has been screened and trained regarding deprivation, child development, and juvenile court procedures and has been appointed as a guardian ad litem by the court in a deprivation case shall have the same meaning as set forth in Code Section 1511-9.1."
SECTION 2. Said part is further amended by adding a new Code section to read as follows:
"15-11-9.1. (a) As used in this Code section, the term:
(1) 'Court appointed special advocate' or 'CASA' means a community volunteer who: (A) Has been screened and trained regarding deprivation, child development, and juvenile court procedures; (B) Has met all of the requirements of an affiliate court appointed special advocate program; (C) Is being actively supervised by an affiliate court appointed special advocate program; and (D) Has been appointed as a lay guardian ad litem by the court in a juvenile court deprivation proceeding.
(2) 'Affiliate court appointed special advocate program' means a locally-operated program operating with the approval of the local juvenile court which screens, trains, and supervises volunteers to advocate for the best interest of abused and neglected children in deprivation proceedings. (b)(1) Before executing duties as a CASA, and upon completion of all the requirements of an affiliate court appointed special advocate program, a CASA shall be sworn in by a judge of the juvenile court in the court or circuit in which he or she wishes to serve. A CASA shall not be assigned a case prior to being sworn in by a juvenile court judge as set forth in this paragraph. (2) If a juvenile court judge determines that a child involved in a deprivation proceeding needs a CASA, the judge shall have the authority to appoint a CASA, and in such circumstance shall sign an order appointing a CASA at the earliest possible stage of the proceedings. Such order shall impose on a CASA all the duties, rights, and responsibilities set forth in this Code section. (c) The role of a CASA in juvenile court deprivation proceedings shall be to advocate for the best interests of the child. (d) In all cases to which a CASA is assigned, except as ordered by the judge, a CASA shall: (1) Conduct an independent assessment to determine the facts and circumstances surrounding the case; (2) Maintain regular and sufficient in-person contact with the child; (3) Submit written reports to the court regarding the child's best interests; (4) Advocate for timely court hearings to obtain permanency for the child; (5) Request judicial citizen review panel or judicial review of the case;

FRIDAY, APRIL 13, 2007

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(6) Collaborate with the child's attorney, if any; (7) Attend all court hearings and other proceedings to advocate for the child's best interests; (8) Monitor compliance with the case plan and all court orders; and (9) Review all court related documents. (e) As a lay guardian ad litem, a CASA shall not be required to: (1) Engage in activities which could reasonably be construed as the practice of law; or (2) Obtain legal counsel or other professional services for a child. (f)(1) Except as provided in Article 5 of this chapter, the 'Georgia Child Advocate for the Protection of Children Act,' a CASA shall be notified of all court hearings, judicial reviews, judicial citizen review panels, and other significant changes of circumstances of the child's case to which the CASA has been appointed to the same extent and in the same manner as the parties to the case are notified of such matters. (2) A CASA shall be notified of the formulation of any case plan of the child's case to which the CASA has been appointed and may be given the opportunity to be heard by the court about such plans. (g) Upon presentation of an order appointing a CASA as a guardian ad litem, such CASA shall have access to all records and information relevant to the child's case to which such CASA has been appointed when such records and information are not otherwise protected from disclosure pursuant to Code Section 19-7-5. Such records and information shall not include records and information provided under Article 5 of this chapter, the 'Georgia Advocate for the Protection of Children Act,' or provided under Chapter 4A of Title 49. The CASA's right to access such records shall be as otherwise authorized by law. (h)(1) All records and information acquired, reviewed, or produced by a CASA during the course of his or her appointment shall be deemed confidential and shall not be disclosed except as ordered by the court. (2) Except as provided in Code Section 49-5-41, any CASA who discloses confidential information obtained during the course of his or her appointment shall be guilty of a misdemeanor. CASA's shall maintain all information and records regarding mental health, developmental disability, and substance abuse according to the confidentiality requirements contained in Code Section 37-3-166, 37-4-125, or 377-166, as applicable. (i) Any CASA authorized and acting in good faith, in the absence of fraud or malice, and in accordance with the duties required by this Code section shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed as a result of taking or failing to take any action pursuant to this Code section. This Code section shall not be construed as imposing any additional duty on a CASA which is not already otherwise imposed by law. (j)(1) The court may remove a CASA from a case upon finding that the CASA has acted in a manner contrary to the child's best interest, or if the court otherwise deems continued service as unwanted or unnecessary.

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(2) The court may discharge a CASA for nonparticipation in a case or upon finding that the CASA has acted in a manner contrary to the mission and purpose of the affiliate court appointed special advocate program."

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 Ralston of the 7th moved that the House agree to the Senate substitute to HB 270.

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

Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S E Day

Y Dempsey Y Dickson Y 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 Frazier E Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves
Greene Y Hamilton
Hanner Harbin Y Hatfield Y Heard, J Heard, K Heckstall Y Hembree Y Henson Y Hill, C Hill, C.A Y Holmes

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

Martin Y Maxwell E May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan E Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake
Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice E Roberts Y Rogers Y Royal Y Rynders E Sailor Y Scott, A

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

FRIDAY, APRIL 13, 2007

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On the motion, the ayes were 141, nays 0.
The motion prevailed.
HB 386. By Representatives Lane of the 167th and Willard of the 49th:
A BILL to be entitled an Act to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to superior court fees and construction of fee provisions, so as to provide for additional filing fees for recording an instrument that requires cross-indexing to other previously recorded documents; to provide for additional filing fees for recording an instrument that cancels, satisfies, or releases certain liens; to require that clerks perform certain functions with regard to lien cancellations or requests for crossindexing; to provide for recording by electronic means; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL
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 provide for additional filing fees for recording an instrument that requires cross-indexing to other previously recorded documents; to provide for additional filing fees for recording an instrument that cancels, satisfies, or releases certain liens; to require that clerks perform certain functions with regard to lien cancellations or requests for cross-indexing; to provide for recording by electronic means; 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, is amended by revising the introductory language of subsections (f) and (f.1) of Code Section 15-6-77, relating to fees and construction of fee provisions, as follows:
"(f) Until July 1, 2012 2014, sums for filing documents, instruments, etc., pertaining to real estate or personal property, such sums to include recording and returning where applicable, shall be as follows:"

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"(f.1) On and after July 1, 2012 2014, sums for filing documents, instruments, etc., pertaining to real estate or personal property, such sums to include recording and returning where applicable, shall be as follows:"
SECTION 2. Said article is further amended by revising Code Section 15-6-77, relating to fees and construction of other fee provisions, by adding a new subsection to read as follows:
"(o) In addition to the fees required by this Code section: (1) With respect to any instrument that is statutorily required to be cross-indexed, cancelled, satisfied, or released or when a party requests the clerk to cross-index a instrument that is not otherwise required by law to be cross-indexed to any other previously recorded or affected document, the clerk of superior court shall charge an additional fee of $2.00 for each additional cross-index entry; (2) For recording any instrument that includes a request for cancellation, satisfaction, or release of more than one instrument as described in division (f)(1)(A)(i) of this Code section, the filing fee specified in division (f)(1)(A)(i) of this Code section shall be charged for each such instrument which is to be cancelled, satisfied, or released; (3) For recording any instrument that includes a request for cancellation, satisfaction, or release of more than one instrument as described in division (f)(1)(A)(ii) of this Code section, the filing fee specified in division (f)(1)(A)(ii) of this Code section shall be charged for each such instrument which is to be cancelled, satisfied, or released; (4) With respect to any instrument that includes a request for the clerk to cross-index the instrument to a previously recorded or affected instrument but for which crossindexing is not otherwise required by law, the clerk shall file, index, record, and cross-index each such instrument for which a request has been made upon receiving payment from the requesting party as specified by paragraph (1) of this subsection and written information specifying accurately the instrument to be cross-indexed; (5) With respect to any instrument that includes a request for cancellation, satisfaction, or release of any instrument described in division (f)(1)(A)(i) or (f)(l)(A)(ii) of this Code section, the clerk shall file, index, and record the cancellation of each such instrument identified and requested to be cancelled provided that the requesting party pays the filing fee specified by paragraph (2) or (3) of this subsection, as applicable, and that such instrument accurately identifies the recording information for such instrument to be cancelled, satisfied, or released; and (6) For the purposes of this subsection and any other Code section requiring the clerk of superior court to cross-index, cross-reference, or make any other notation affecting any instrument filed in the clerk's office, including, but not limited to, real estate, personal property, liens, plats, and any other instruments, the clerk shall be authorized to make such entry or notation through electronic or automated means in lieu of entering such information manually in paper books or dockets."

FRIDAY, APRIL 13, 2007

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SECTION 3. Said article is further amended by revising subsection (c) of Code Section 15-6-97, relating to development and implementation of the state-wide uniform automated information system, as follows:
"(c) This Code section shall be repealed in its entirety on July 1, 2012 2014."

SECTION 4. Said article is further amended by revising subsection (d) of Code Section 15-6-98 as follows:
"(d) This Code section shall be repealed in its entirety on July 1, 2012 2014."

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Lane of the 167th moved that the House agree to the Senate substitute to HB 386.

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

Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Bryant Y Buckner Y Burkhalter Y Burns Y Butler N Byrd Y Carter, A Y Carter, B Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H
Floyd, J Y Fludd E Forster N Franklin Y Frazier E Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon N Graves
Greene Y Hamilton
Hanner Harbin N Hatfield Y Heard, J Heard, K Heckstall

Y Holt N Horne Y Houston Y Howard Y Hudson
Hugley Jackson Y Jacobs Y James Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Keown Y Knight Y Knox Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord Y Loudermilk Lucas

Y Martin Y Maxwell E May
McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan E Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake
Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice E Roberts

N Scott, M Y Sellier
Setzler Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Stanley-Turner Y Starr E Stephens Stephenson Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Watson Y Wilkinson Willard Y Williams, A Y Williams, E

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Y Crawford, M N Crawford, R Y Davis, H Y Davis, S E Day

Y Hembree Y Henson Y Hill, C
Hill, C.A Y Holmes

N Lunsford Y Maddox Y Mangham E Manning Y Marin

N Rogers Y Royal Y Rynders E Sailor Y Scott, A

Y Williams, M E Williams, R Y Wix Y Yates
Richardson, Speaker

On the motion, the ayes were 130, nays 9.

The motion prevailed.

HB 79. By Representatives Forster of the 3rd, Hill of the 21st, Rice of the 51st, Day of the 163rd, Talton of the 145th 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 the prohibition against affixing materials which reduce light transmission through windows or windshields of motor vehicles, so as to provide exemptions for certain vehicles; to provide that certain violations shall be charged as secondary offenses only; to provide punishments for certain violations; to repeal conflicting laws; and for other purposes.

The following Senate amendment was read:

The Senate moves to amend HB 79 by deleting on page 1, line 13 "40-2-62,".

Representative Hill of the 21st moved that the House agree to the Senate amendment to HB 79.

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

Abdul-Salaam Y Abrams Y Amerson
Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Bryant Y Buckner Y Burkhalter Y Burns

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H
Floyd, J Y Fludd E Forster N Franklin
Frazier E Freeman

Y Holt N Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James
Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J N Jones, S Y Jordan

Y Martin Y Maxwell E May
McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan E Morris N Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver

N Scott, M Y Sellier
Setzler Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Stanley-Turner

FRIDAY, APRIL 13, 2007

2625

Y Butler Byrd Carter, A
Y Carter, B N Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H N Davis, S E Day

Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon N Graves
Greene Y Hamilton
Hanner Harbin Y Hatfield Y Heard, J Heard, K Heckstall Y Hembree Henson Y Hill, C Hill, C.A Y Holmes

Y Kaiser Y Keen
Keown Y Knight
Knox Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord N Loudermilk Lucas N Lunsford Y Maddox Y Mangham E Manning Y Marin

Y O'Neal Parham
Y Parrish Y Parsons Y Peake
Porter Y Powell Y Pruett Y Ralston
Randall Y Reece Y Reese Y Rice E Roberts Y Rogers Y Royal
Rynders E Sailor Y Scott, A

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

On the motion, the ayes were 121, nays 10.

The motion prevailed.

HR 102. By Representatives O`Neal of the 146th, Talton of the 145th, Smith of the 70th and Everson of the 106th:

A RESOLUTION compensating Mr. Robert Clark and providing for a state income tax exclusion with respect to such compensation; and for other purposes.

The following Senate substitute was read:

A RESOLUTION

Compensating Mr. Robert Clark and providing for a state income tax exclusion with respect to such compensation; and for other purposes.

WHEREAS, in 1981, a woman was abducted, raped, and robbed; and

WHEREAS, despite his continued proclamations of innocence, Mr. Robert Clark was arrested and charged with these crimes; and

WHEREAS, as a result of mistaken eyewitness identification, on May 26, 1982, Mr. Clark was convicted of kidnapping with bodily harm, rape, and robbery and sentenced to life imprisonment plus 20 years; and

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JOURNAL OF THE HOUSE

WHEREAS, Mr. Clark continued adamantly to maintain that he was innocent, and, on December 18, 2003, he filed a petition for DNA testing which was granted; and
WHEREAS, the test concluded that Mr. Clark's DNA did not match the DNA from the semen obtained from the victim's rape kit, and therefore, he was not the perpetrator of the crimes for which he had been tried and convicted; and
WHEREAS, based upon this new evidence, a nolle prosequi was entered with respect to the indictment against Mr. Clark, and, on December 8, 2005, Mr. Clark was immediately released from prison after serving over 23 years in prison; and
WHEREAS, Mr. Clark has suffered loss of liberty, personal injury, lost wages, injury to reputation, emotional distress, and other damages as a result of his over 23 years of incarceration and expenses in trying to prove his innocence; and
WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages occurred through no fault or negligence on the part of Mr. Clark, and it is only fitting and proper that he be compensated for his loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Administrative Services is authorized and directed to pay the sum of $1.2 million to Mr. Robert Clark as compensation as provided above. Said sum shall be paid from funds appropriated to or available to the Department of Administrative Services and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence and shall be paid subject to the provisions of this resolution. Said sum shall be paid in the form of two annuities. The first annuity shall be in the amount of $1 million and shall be paid $900,000 in equal monthly installments over a 15 year period of time beginning one year after the initial payment of $100,000. Upon the death of Mr. Robert Clark, all payments and all obligations of the state with respect to any and all future payments with respect to such first annuity shall continue to be made to his estate or heirs. The second annuity shall be in the amount of $200,000.00 and shall be paid in equal monthly installments over a 15 year period with no initial lump sum payment. All payments and all obligations of the state with respect to any and all future payments with respect to such second annuity shall cease upon the date of death of the beneficiary, Mr. Robert Clark. Neither such annuity shall be assignable under any circumstances.
BE IT FURTHER RESOLVED that any amount received by Mr. Robert Clark pursuant to this resolution shall be excluded from his taxable net income for state income tax purposes.
Representative O`Neal of the 146th moved that the House agree to the Senate substitute to HR 102.

FRIDAY, APRIL 13, 2007

2627

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

Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard N Bearden E Beasley-Teague Y Benfield N Benton Y Black Y Bridges Y Brooks
Bruce Bryant Y Buckner Y Burkhalter Y Burns Y Butler N Byrd Carter, A Y Carter, B N Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper N Cox Y Crawford, M Y Crawford, R Y Davis, H N Davis, S E Day

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H
Floyd, J Y Fludd E Forster N Franklin Y Frazier E Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon N Graves
Greene Y Hamilton
Hanner Harbin N Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Y Henson Y Hill, C Hill, C.A Y Holmes

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

Martin Maxwell E May McCall Y McKillip N Meadows Y Millar Y Mills Y Mitchell E Morgan E Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Parham Y Parrish Y Parsons Y Peake Porter Y Powell Y Pruett Ralston Y Randall Y Reece N Reese Y Rice E Roberts N Rogers Y Royal Rynders E Sailor Y Scott, A

N Scott, M Y Sellier
Setzler Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Stanley-Turner Y Starr E Stephens Stephenson Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Watson Wilkinson Willard Y Williams, A Y Williams, E Y Williams, M E Williams, R Y Wix Y Yates Richardson, Speaker

On the motion, the ayes were 119, nays 18.

The motion prevailed.

HB 91. By Representatives Chambers of the 81st, Harbin of the 118th, Ehrhart of the 36th and Martin of the 47th:

A BILL to be entitled an Act to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to organization of the executive branch generally, so as to require each department, commission, authority, and agency of the executive branch of government to provide certain reports

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annually to the General Assembly; to provide for the contents of such reports; to provide for the time of submitting such reports; 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 50 of the Official Code of Georgia Annotated, relating to the Department of Audits and Accounts generally, so as to require annual reports on state agencies; to provide for the contents of such reports; to provide for the time of submitting such reports; 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 50 of the Official Code of Georgia Annotated, relating to the Department of Audits and Accounts generally, is amended by adding a new Code section to read as follows:
"50-6-10. (a) On or before September 30, 2007, and on or before September 30 of each following year, the state auditor shall file with the Lieutenant Governor, Speaker of the House, the chairpersons of the Senate Appropriations Committee, the House Committee on Appropriations, the House Budget and Fiscal Affairs Oversight Committee, House Budget Office, and Senate Budget and Evaluation Office a report covering the immediately preceding fiscal year that contains the information required by this Code section. (b) The report required by this Code section shall contain:
(1) A listing of all revenue received by each agency, the statutory basis for collection, the amount collected, expended, or reserved, and a reconciliation of the revenue balance. If the revenue source is a federal fund, the Catalog of Federal Domestic Assistance number shall be included. The list shall be itemized by program as they appear in the General Appropriations Act; (2) For any program itemized pursuant to paragraph (1) of this subsection that directly provides health care services or benefits, a listing by category of assistance of the unduplicated recipients served and the total expenditures associated with the category of assistance; and (3) For the following reports, an electronic document or access to the state accounting system shall be sufficient:
(A) A list of all written contracts entered into by the agency during the immediately preceding fiscal year which call for the agency to expend at any time in the aggregate more than $50,000.00;

FRIDAY, APRIL 13, 2007

2629

(B) A list of any employment or consultant contracts, whether or not in writing, under which the employee or consultant is to be compensated more than $20,000.00, including direct and indirect or deferred benefits. When a person or firm, whose salary or fee is reportable under this subparagraph, shall have his or her compensation increased at any time, the amount of such increase and the total new rate shall be reported for the period in which the increase takes effect. The list of contracts shall state the anticipated amount of funds to be paid thereunder or the formula for determining such amount; (C) A list of the names of each person, firm, or corporation that has received from the agency during the immediately preceding fiscal year payments in excess of $20,000.00, including the amount paid to such person, firm, or corporation during such period; and (D) A list of consultant expenses and other professional services expenses; salaries and expenses of full-time and part-time employees and board members; and payments rendered by outside companies or agencies to the agency for any and all services. Social security numbers shall not be used as employee identifiers in these reports."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Chambers of the 81st moved that the House agree to the Senate substitute to HB 91.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Carter, A Y Carter, B Y Casas

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H
Floyd, J Y Fludd E Forster Y Franklin Y Frazier E Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James
Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S
Jordan Y Kaiser Y Keen
Keown Y Knight Y Knox

Y Martin Maxwell
E May McCall
Y McKillip Y Meadows
Millar Y Mills Y Mitchell E Morgan E Morris Y Mosby Y Mumford Y Murphy
Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake

Y Scott, M Y Sellier
Setzler Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Stanley-Turner Y Starr E Stephens Stephenson Talton Teilhet

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Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S E Day

Y Graves Greene
Y Hamilton Hanner Harbin
Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree Y Henson Y Hill, C
Hill, C.A Y Holmes

Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey
Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece
Reese Y Rice E Roberts Y Rogers Y Royal
Rynders E Sailor Y Scott, A

Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker
Watson Y Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, M E Williams, R Y Wix Y Yates
Richardson, Speaker

On the motion, the ayes were 135, nays 0.

The motion prevailed.

HB 273. 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 following Senate substitute was read: A BILL

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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. 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), is amended by revising Section 2 as follows:

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"SECTION 2. The board of commissioners shall be composed of a chairperson and four members. The members shall be elected by a majority of the votes cast for numbered posts which shall be designated on the ballot as Posts 1, 2, 3, and 4. The chairperson shall be elected by majority of the votes cast and shall be designated as chairperson on the ballot. At the election in November, 2008, the members of the board of commissioners shall be elected as provided in this Act. The chairperson and those members elected from Posts 1 and 4 shall be elected for terms of four years beginning on January 1, 2009, and until their successors are duly elected and qualified. Those members elected from Posts 2 and 3 shall be elected for terms of two years beginning on January 1, 2009, and until their successors are duly elected and qualified. Thereafter, successors shall be elected for terms of four years. All members shall take office on January 1 of the year following their election."
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Oconee County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Oconee County for approval or rejection. The election superintendent shall conduct that election on the third Tuesday in June, 2007, 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 Oconee County. The ballot shall have written or printed thereon the words:
"( ) YES Shall that Act be approved which provides that the members of the Board of Commissioners of Oconee County shall be elected to serve
( ) NO staggered four-year terms?"
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, 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 Oconee County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
HB 582. By Representative Shaw of the 176th:
A BILL to be entitled an Act to amend an Act creating the Small Claims Court of Lanier County, now the Magistrate Court of Lanier County, approved April 6, 1981 (Ga. L. 1981, p. 3452), so as to provide that on and after January 1, 2009, the probate judge shall serve as chief magistrate of the Magistrate Court of Lanier County; to provide for the number and method of appointment for magistrates serving in such court; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL
To amend an Act creating the Small Claims Court of Lanier County, now the Magistrate Court of Lanier County, approved April 6, 1981 (Ga. L. 1981, p. 3452), so as to provide that on and after January 1, 2009, the probate judge shall serve as chief magistrate of the Magistrate Court of Lanier County; to provide for the number and method of appointment for magistrates serving in such court; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Small Claims Court of Lanier County, now the Magistrate Court of Lanier County, approved April 6, 1981 (Ga. L. 1981, p. 3452), is amended by revising Sections 2 and 3 as follows:
"SECTION 2. Pursuant to subsection (g) of Code Section 15-10-20 of the O.C.G.A., the chief magistrate of the Magistrate Court of Lanier County shall not be separately elected for any term of office that begins on or after January 1, 2009, but on and after that date, the probate judge of Lanier County shall serve as the chief magistrate of the Magistrate Court of Lanier County.
SECTION 3. On and after July 1, 2007, the number of magistrates to serve as judges of the Magistrate Court of Lanier County shall be determined by the Lanier County Board of Commissioners. Such magistrates shall be selected by the probate judge and shall be

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appointed to take office on January 1, 2009. Such magistrates shall serve four-year terms and until their respective successors are appointed and qualified."
SECTION 2. This Act shall become effective on July 1, 2007.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
HB 757. 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 provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of its members; to provide for the qualification, terms, and removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and 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 officers 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 for effective dates; to repeal conflicting laws; and for other purposes.
The following Senate amendment was read:
The Senate moves to amend HB 757 by striking "the county courthouse or at the place of meeting of the commissioners" from line 31 of page 4 and inserting in lieu thereof "a place designated by the commissioners".
HB 784. By Representatives Jordan of the 77th, Abdul-Salaam of the 74th, Johnson of the 75th, Starr of the 78th and Sinkfield of the 60th:
A BILL to be entitled an Act to authorize the City of Riverdale 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 following Senate substitute was read:

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A BILL
To authorize the City of Riverdale 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The City of Riverdale shall be and is authorized to exercise all redevelopment and other powers under Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended. The intention of this Act is to authorize the City of Riverdale to undertake and carry out community redevelopment, to create tax allocation districts, to issue tax allocation bonds, and to incur other obligations within the meaning of and as fully permitted under the provisions of Article IX, Section II, Paragraph VII(b) of the Constitution of the State of Georgia of 1983, as amended, and to authorize the City of Riverdale to exercise redevelopment powers as fully as the "Redevelopment Powers Law" may now or hereafter permit and not to limit any redevelopment powers permitted under the "Redevelopment Powers Law."
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Riverdale 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 Riverdale for approval or rejection. The municipal election superintendent shall conduct that election on the third Tuesday in September, 2007, and shall issue the call and conduct that election as provided by general law. The municipal 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 Clayton County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes the City of Riverdale to exercise redevelopment powers under the 'Redevelopment Powers Law,'
( ) NO as it may be amended from time to time?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If 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

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2635

borne by the City of Riverdale. 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.

By unanimous consent, the following roll call vote was made applicable to the previously read Bills.

On the agreement to the Senate substitutes or amendment, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S E Day

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England
Epps Y Everson Y Fleming Y Floyd, H
Floyd, J Y Fludd E Forster
Franklin Y Frazier E Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves
Greene Y Hamilton
Hanner 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 Y Hudson Y Hugley
Jackson Y Jacobs Y James
Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen
Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey
Lord Y Loudermilk
Lucas Y Lunsford
Maddox Y Mangham E Manning Y Marin

Y Martin Maxwell
E May McCall
Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan E Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix
Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake
Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice E Roberts Y Rogers Y Royal
Rynders E Sailor Y Scott, A

Scott, M Y Sellier
Setzler Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Stanley-Turner Y Starr E Stephens Stephenson Talton Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, M E Williams, R Y Wix Y Yates Richardson, Speaker

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On the agreement to the Senate substitutes or amendment, the ayes were 134, nays 0.

The House has agreed to the Senate substitutes or amendment.

By unanimous consent, all remaining Bills on the Calendar were postponed until the next legislative day.

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 468 Do Pass, by Substitute HR 531 Do Pass

SR 296 Do Pass SR 357 Do Pass, by Substitute

Respectfully submitted, /s/ Smith of the 129th
Chairman

Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, A.M., Monday, April 16, 2007, 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., Monday, April 16, 2007.

JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 8, 2007 and adjourned Friday, April 20, 2007
VOLUME II
2007 Atlanta, Ga. Printed on Recycled Paper

MONDAY, APRIL 16, 2007

2641

Representative Hall, Atlanta, Georgia

Monday, April 16, 2007

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:

Abrams Amerson Ashe E Barnard E Beasley-Teague Benton Black Bridges Brooks E Bryant Buckner Burkhalter E Butler Byrd Carter, A Carter, B Casas E Chambers Cheokas Coleman Collins Cox Crawford, M Crawford, R

Davis, H Davis, S Day Dempsey Dickson Drenner England Everson Floyd, H Floyd, J E Forster Franklin Frazier E Freeman Geisinger Glanton Gordon Graves Greene Hamilton Hanner Heard, J Heard, K Hembree

E Henson Hill, C
E Holmes Holt Houston Howard Hudson James Jamieson Jenkins Jerguson Johnson, T Jones, J Kaiser Keown Knight Knox Lakly Lane, R Levitas Lewis Lindsey Lord
E Manning

Maxwell May McKillip Meadows Mills Mitchell E Morgan Morris Mosby Mumford Murphy Nix Oliver O'Neal Parham Parsons Peake E Reece E Roberts Rogers Royal Rynders E Sailor Scott, M

Sellier E Setzler
Shaw Sims, B Sims, F Smith, L Smith, R E Smith, T Smith, V E Starr E Stephens Talton Teilhet Thomas, A.M Thomas, B Tumlin Walker Wilkinson Williams, A Williams, E Williams, M Williams, R Yates Richardson, Speaker

The following members were off the floor of the House when the roll was called:

Representatives Bearden of the 68th, Benfield of the 85th, Bruce of the 64th, Burns of the 157th, Channell of the 116th, Cole of the 125th, Dollar of the 45th, Dukes of the 150th, Ehrhart of the 36th, Epps of the 128th, Fludd of the 66th, Gardner of the 57th, Golick of the 34th, Harbin of the 118th, Hatfield of the 177th, Hill of the 180th, Hugley of the 133rd, Jackson of the 161st, Jacobs of the 80th, Johnson of the 75th, Jordan of the 77th, Lane of the 158th, Loudermilk of the 14th, Lucas of the 139th, Lunsford of the 110th, Maddox of the 172nd, Mangham of the 94th, Marin of the 96th, McCall of the 30th, Millar of the 79th, Neal of the 1st, Parrish of the 156th, Porter of the 143rd, Powell of the 29th, Ralston of the 7th, Randall of the 138th, Rice of the 51st, Scott of the 153rd, Sheldon of the 105th, Sims of the 169th, Sinkfield of the 60th, Smith of the 113th, Smyre of the 132nd, Stanley-Turner of the 53rd, Watson of the 91st, Willard of the 49th, and Wix of the 33rd.

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They wish to be recorded as present.
Prayer was offered by Pastor Fred Parker, Antioch Baptist Church, Eastman, Georgia.
The members pledged allegiance to the flag.
Representative Lakly of the 72nd, 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 836. By Representatives Walker of the 107th, Cooper of the 41st, Maddox of the 172nd and Jamieson of the 28th:
A BILL to be entitled an Act to amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to transfer the functions, duties, and employees of the Division of Aging Services of the Department of Human Resources to a newly established Department of Aging; to revise various titles of the Official Code of Georgia Annotated for purposes of conformity; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Human Relations & Aging.
HB 837. By Representatives Bridges of the 10th, Mumford of the 95th and Maxwell of the 17th:
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 no person shall become or again become a member of such retirement system on or after July 1, 2008; to provide a short title; to provide that such employees shall have accounts in the state deferred compensation plan; to provide for an employer contribution; to provide that such employees shall not be entitled to participate in any other public retirement system; to provide for rules and regulations; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 838. By Representatives Cox of the 102nd, Morris of the 155th, Lewis of the 15th, Rice of the 51st, Meadows of the 5th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to crimes and offenses, so as to provide enhanced penalties for committing a felony by a person in this country illegally; to provide that the commission of a misdemeanor while in this country illegally shall be a felony and to provide a penalty; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 839. By Representative Ralston of the 7th:
A BILL to be entitled an Act to amend Code Section 47-2-262 of the Official Code of Georgia Annotated, relating to membership in the Employees Retirement System of Georgia by assistant district attorneys and employees of the Prosecuting Attorneys Council, notice of election to become a member, and contributions, so as to provide that any person who was employed as an assistant district attorney on June 30, 1979, and who rejected membership in this retirement system at such time may, under certain conditions, be a member of such retirement system; to provide that such person shall be entitled to certain membership service; to provide that such person may obtain creditable service; to provide for application and payment;

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to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 840. By Representatives Drenner of the 86th, Gardner of the 57th, Ashe of the 56th, Kaiser of the 59th, Randall of the 138th and others:
A BILL to be entitled an Act to amend Title 46 of the Official Code of Georgia Annotated, 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 amend Code Section 50-23-4 of the Official Code of Georgia Annotated, 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 Energy, Utilities & Telecommunications.
HB 841. By Representatives Bridges of the 10th, Mumford of the 95th and Maxwell of the 17th:
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 a short title; to provide that persons who first or again become a member of such retirement system on or after July 1, 2008, shall have accounts in the state deferred compensation plan; to provide for an employer contribution; to provide for rules and regulations; to reduce the percent of a member's compensation used to calculate a retirement benefit from 2 percent to 1 percent; to provide for applicability; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 842. By Representative Sims of the 169th:
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 under the Teachers Retirement System of Georgia, so as to provide for creditable

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service for prior service as a member of the Trial Judges and Solicitors Retirement Fund; to provide for the payment of an employee contribution; to provide for application; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 843. By Representatives Bridges of the 10th, Mumford of the 95th and Maxwell of the 17th:
A BILL to be entitled an Act to amend Code Section 47-2-334 of the Official Code of Georgia Annotated, relating to service retirement allowance under the Employees Retirement System of Georgia, calculation, employee membership contributions, employer contributions, optional membership, conditions, and construction of provisions, so as to authorize the reduction of the portion of a member's compensation used to calculate a retirement benefit for future state employees; to provide for applicability; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 844. By Representatives Levitas of the 82nd, Sellier of the 136th, Maddox of the 172nd, Black of the 174th, Burns of the 157th and others:
A BILL to be entitled an Act to amend Code Section 33-6-4 of the Official Code of Georgia Annotated, relating to enumeration of unfair methods of competition and unfair or deceptive acts or practices, so as to prohibit unscrupulous practices regarding the marketing and sale of insurance; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 845. By Representatives McKillip of the 115th, Heard of the 114th, Hugley of the 133rd, Abrams of the 84th, Mumford of the 95th 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 provide for a substantive and comprehensive reform of provisions regarding the minimum wage law; to provide for legislative findings; to provide for an increase in the minimum wage; to provide for annual minimum wage increases to match the rising cost of living; to provide a credit toward the

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minimum wage for employers of tipped workers; to eliminate various eligibility exemptions from the minimum wage; to provide for related matters; to provide for severability; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 846. By Representative Burkhalter of the 50th:
A BILL to be entitled an Act to amend Code Section 47-2-292 of the Official Code of Georgia Annotated, relating to merit system of personnel administration for county revenue employees, membership in the Employees Retirement System of Georgia, contributions, and credit for prior service, so as to provide that certain compensation received from municipalities by tax commissioners shall be earnable compensation for purposes of the Employees Retirement System of Georgia; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 849. By Representative Scott of the 153rd:
A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions concerning watercraft, so as to provide definitions; to provide that certain vessels must be equipped with marine radios, emergency position indicating radio beacons, or personal locator beacons; to provide for applicability; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HR 791. By Representatives Jones of the 46th, Coan of the 101st, England of the 108th, Neal of the 1st, Setzler of the 35th and others:
A RESOLUTION creating the House Study Committee on Georgia's Pre-K Program; and for other purposes.
Referred to the Committee on Education.
HR 825. By Representatives Fludd of the 66th, Mosby of the 90th, Knight of the 126th and Tumlin of the 38th:

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2647

A RESOLUTION urging state and national officials to support the goals and ideals of "Financial Literacy Month"; and for other purposes.

Referred to the Committee on Banks & Banking.

HR 827. By Representative Harbin of the 118th:

A RESOLUTION creating the House Study Committee on Unbanked and Underbanked Consumers; and for other purposes.

Referred to the Committee on Rules.

By unanimous consent, the following Bills and Resolutions of the House were read the second time:

HB 827 HB 828 HB 829 HB 830 HB 831 HB 832 HB 833

HB 834 HB 835 HB 847 HB 848 HR 758 HR 790 HR 826

The Speaker assumed the Chair.

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 and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 134 Do Pass, by Substitute SR 363 Do Pass, by Substitute

Respectfully submitted, /s/ Cooper of the 41st
Chairman

Representative Rynders of the 152nd District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

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JOURNAL OF THE HOUSE

Mr. Speaker:

Your Committee on Intragovernmental Coordination - 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 725 HB 809 HB 810 HB 811 HB 812 HB 813 HB 814

Do Pass, by Substitute Do Pass Do Pass, by Substitute Do Pass Do Pass Do Pass Do Pass

HB 817 HB 818 HB 819 HB 820 HB 821 HB 824 HB 825

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

Respectfully submitted, /s/ Rynders of the 152nd
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 Senate and has instructed me to report the same back to the House with the following recommendation:

SB 232 Do Pass

Respectfully submitted, /s/ Franklin of the 43rd
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 42 Do Pass HR 824 Do Pass

The following report of the Committee on Rules was read and adopted:

MONDAY, APRIL 16, 2007

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HOUSE RULES CALENDAR MONDAY, APRIL 16, 2007

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 42 SB 61 SB 156 SB 235

Child Support Recovery; authorize Dept. of Human Resources to impose fees on child support collections (Judy-Willard-49th) Harp-29th Child-Placing Agency; require petitioner to submit to a criminal history records check (Judy-Willard-49th) Mullis-53rd Retirement; counties, municipal corporations; post-employment benefits; define certain terms (Substitute)(Ret-Ehrhart-36th) Balfour-9th Corrections, Dept. Of; certified correctional employees; leave under certain conditions may retain their badges (Substitute)(SI&P-Barnard-166th) Grant-25th

Modified Open Rule

None

Modified Structured Rule

SB 81 SB 190

Special Licenses; 100 years of scouting; Boy Scouts of America (Substitute)(MotV-Ehrhart-36th) Pearson-51st Pretrial Proceedings; insanity/mental incompentency; definitions; evaluation (JudyNC-Ralston-7th) Harp-29th

Structured Rule

SB 200 SR 309

Georgia Smart Infrastructure Growth Act; creation (Substitute)(ED&TBarnard-166th) Grant-25th Infrastructure Development Districts; provide by general law the creation and comprehensive regulation-CA (ED&T-Barnard-166th) Grant-25th

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

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Respectfully submitted, /s/ Ehrhart of the 36th
Chairman
The Speaker directed that the following Bill of the House be withdrawn from the Local Calendar and recommitted to the Committee on Intragovernmental Coordination:
HB 825. By Representatives Jackson of the 161st, Bryant of the 160th, Gordon of the 162nd and Carter of the 159th:
A BILL to be entitled an Act to provide for certain procedures regarding the property of evicted tenants upon eviction within the corporate limits of the City of Savannah; 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 725. By Representatives Fludd of the 66th, Bruce of the 64th, Holmes of the 61st, Stanley-Turner of the 53rd, Lindsey of the 54th and others:
A BILL to be entitled an Act to amend an Act providing for the incorporation of the City of South Fulton in Fulton County, approved April 28, 2006 (Ga. L. 2006, p. 3856), so as to change provisions relating to the description of the territory to be included in the city; to correct a language error in the description; to change provisions relative to exclusion of territory within other municipal corporations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend an Act providing for the incorporation of the City of South Fulton in Fulton County, approved April 28, 2006 (Ga. L. 2006, p. 3856), so as to change provisions relating to the description of the territory to be included in the city; to correct a language error in the description; to change provisions relative to exclusion of territory within other municipal corporations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.

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An Act providing for the incorporation of the City of South Fulton in Fulton County, approved April 28, 2006 (Ga. L. 2006, p. 3856), is amended by striking from Appendix A, near the beginning thereof, the following:
"All that territory lying in Fulton County south of the municipal limits of the City of Atlanta, exclusive of the following territory:", and inserting in place thereof the following: "Except as otherwise provided in the last sentence of this Appendix A, all that territory lying in Fulton County south of the municipal limits of the City of Atlanta, inclusive of the following territory:".
SECTION 2. Said Act is further amended by striking the last sentence of Appendix A which reads as follows:
"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.", and inserting in place thereof the following: "The corporate limits shall not include any such territory which as of April 2, 2007, was a part of any other municipal corporation and for this purpose any otherwise valid annexation shall be considered as effective on the first day of the month following the month during which the requirements of Article 2, 3, or 4 of Chapter 36 of Title 36 of the O.C.G.A. were met."
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.
HB 809. By Representative Jones of the 46th:
A BILL to be entitled an Act to create the City of Milton Public Buildings and 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, to contract payments to the authority 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

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payment of the revenue bonds of the authority and to define the rights of the holders of such obligations; 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 810. By Representative Jones of the 46th:
A BILL to be entitled an Act to amend an Act to incorporate the City of Milton in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3554), so as to change the corporate limits; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend an Act to incorporate the City of Milton in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3554), so as to change the corporate limits; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act to incorporate the City of Milton in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3554), is amended by revising paragraph (1) of Appendix A 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 the Southern Right of Way Line of Arnold Mill Road (a/k/a State Route 140) (right-of-way varies) and the Fulton/Cherokee County line; thence, southeasterly along the southwesterly right-of-way of Arnold Mill Road (right-of-way varies), a distance of 2,333.64 feet to the southeast right-of-way of Old Chadwick Lane (30' right-of-way) thence, southwesterly along said southeasterly rightof-way of Old Chadwick Lane (30' right-of-way) a distance of 749.64 feet to the west line of Land Lot 929; thence, South 0019'58" East, along said west line of Land Lot 929, a distance of 216.05 feet to the southwest corner of Land Lot 929, said corner being common with Land Lots 929, 930, 943, and 944; thence, South 8943'32" East, along the south line of Land Lot 929, a distance of 897.87 feet to the southwesterly right-of-way of Arnold Mill Road (right-of-way varies); thence, southeasterly, along said southwesterly right-of-way of Arnold Mill Road (right-of-way varies) a distance of 425.12 feet to a point; thence, leaving said Arnold Mill Road right-of-way and running

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South 2609'42" West a distance of 42.01 feet to a point; thence, South 5127'43" West a distance of 539.10 feet to a point; thence, North 2847'18" West a distance of 165.15 feet to a point; thence, South 8741'04" West a distance of 98.25 feet to a point; thence, South 4441'58" West a distance of 168.00 feet to a point; thence, South 5055'57" East a distance of 349.12 feet to a point; thence, South 6926'47" East a distance of 246.98 feet to a point on the northwesterly right-of-way of Lackey Road (right-of-way varies), thence, South 5144'13" East a distance of 50.00 feet to a point on the southeasterly right-of-way of Lackey Road (right-of-way varies); thence, 230 feet, more or less, southwesterly along the right-of-way of Lackey Road (right-of-way varies) to a point on the north line of Land Lot 1001; thence, leaving said right-of-way of Lackey Road and running North 8957'22" East, along said north line of Land Lot 1001, a distance of 536.52 feet to the northeast corner of Land Lot 1001, said corner being common with Land Lots 944, 945, 1000, and 1001; thence, South 0019'32" East, along the east line of Land Lot 1001, a distance of 1,224.21 feet to a point on said land lot line; thence, leaving said land lot line, North 8952'00" East a distance of 654.80 feet to a point; thence, North 8418'00" East a distance of 552.80 feet to a point; thence, North 8954'00" East a distance of 120.00 feet to a point on the west line of Land Lot 999; thence, South 0009'00" East, along said land lot line, a distance of 199.80 feet to the southwest corner of Land Lot 999, said corner being common with Land Lots 999, 1000, 1017, and 1018; thence, North 8934'00" East, along the south line of Land Lot 999, a distance of 334.90 feet; thence, leaving said land lot line, South 1428'00" East a distance of 395.10 feet to a point on the northerly right-of-way of Sweet Apple Road (right-of-way varies); thence, southwesterly along the northwesterly right-of-way of Sweet Apple Road (right-of-way varies), a distance of 595.75 feet to a point on the centerline of a branch; thence, leaving the right-of-way of Sweet Apple road, running northwesterly 1,324 feet, more or less, along the centerline of said branch to a point on the west line of Land Lot 1017; thence, North 0011'00" West, along the west line of Land Lot 1017, 528.80 feet to the northwest corner of Land Lot 1017, said corner being common with Land Lots 1000, 1001, 1016, and 1017; North 8907'51" West, along the south line of Land Lots 1001 and 1002, 2,640.00 feet to the southwest corner of Land Lot 1002, said corner being common with Land Lots 1002, 1003, 1014, and 1015; thence, North 8952'48" West, along the south line of Land Lot 1003, a distance of 1,302.59 feet to the southwest corner of Land Lot 1003, said corner being common with Land Lots 1003, 1004, 1013, and 1014; South 0043'19" West, along the east line of Land Lot 1013 and part of the east line of Land Lot 1076, a distance of 1,570.73 feet to the northerly right-of-way of Lackey Road (right-of-way varies); thence, South 0042'46" West, along the east line of Land Lot 1076, a distance of 1,088.79 feet to the southeast corner of Land Lot 1076, said corner being common with Land Lots 1075, 1076, 1085, and 1086; thence Easterly along the South Line of Land Lot 1075, to the Southeast corner of Land Lot 1075, said corner being common with Land Lots 1074, 1075, 1086, and 1087; thence generally Northerly along the West Line of Land Lot 1074, to a point on the Northern Right of Way of Ebenezer Road (right-of-way varies); thence generally Southeasterly along the Northern Right of Way of Ebenezer Road

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(right-of-way varies), following the curvature thereof to the intersection of the Northern Right of Way of Ebenezer Road with the West Line of Land Lot 1072; thence generally Southerly along said West Land Lot Line approximately 310.00 feet more or less to the Southwest corner of Land Lot 1072, said corner being common with Land Lots 1072, 1073, 1088, and 1089; thence, North 8839'10" East, along the south line of Land Lot 1072, a distance of 1,062.30 feet to a point; thence, North 0137'04" West a distance of 495.61 feet to the northerly right-of-way of Ebenezer Road (60' right-of-way); thence, easterly and southerly along the northerly and northeasterly right-of-way of said Ebenezer Road (60' right-of-way) a distance of 1,556.29 feet to a point; thence, North 0128'32" West a distance of 1,685.56 feet to a point located on the north line of Land Lot 1071; thence North 8824'33" East, along said north line of Land Lot 1071, a distance of 363.07 feet to the northeast corner of Land Lot 1071, said corner being common with Land Lots 1018, 1019, 1070, and 1071; thence, South 0114'27" East, along the east line of Land Lot 1071, a distance of 385.00 feet to a point; thence, North 8856'49" East a distance of 455.60 feet to a point; thence, South 0105'35" East a distance of 653.02 feet to a point; thence, South 0452'12" East a distance of 572.30 feet to a point; thence, South 7031'09" East a distance of 300.0 feet to a point; thence, South 0541'13" East a distance of 410.0 feet to a point located on the southwesterly right-of-way of Ebenezer Road (60' right-of-way); thence, northwesterly along said southwesterly right-of-way of Ebenezer Road (60' right-of-way), a distance of 202.00 feet to a point; thence, South 0244'05" West a distance of 192.38 feet to a point; thence, South 8920'09" West a distance of 177.41 feet to a point; thence, South 0315'58" East a distance of 400.83 feet to a point; thence, South 8848'04" West a distance of 428.52 feet to a point located on the west line of Land Lot 1091; thence, South 0321'51" East along said west line of Land Lot 1091, a distance of 10.78 feet to the southwest corner of Land Lot 1091, said corner being common with Land Lots 1090, 1091, 1142, and 1143; thence, South 8731'47" West, along the south line of Land Lot 1090, a distance of 686.47 feet to a point; thence; South 8058'33" West, along said south line of Land Lot 1090, a distance of 30.00 feet to a point; thence, South 0909'27" East a distance of 130.02 feet to a point; thence, South 8058'33" West a distance of 210.01 feet to a point; thence, South 0901'27" East a distance of 850.18 feet to a point on the southeasterly right-of-way of Cox Road (50' right-of-way); thence, southwestern and westerly along said southeasterly and southerly right-of-way of Cox Road (50' right-of-way) the following courses and distances: South 5914'33" West a distance of 280.10 feet, South 5944'31" West a distance of 100.12 feet, South 6100'03" West a distance of 102.19 feet, South 6245"40" West a distance of 99.43 feet, South 6711'10" West a distance of 94.68 feet, South 7223'29" West a distance of 107.45 feet, South 7729'59" West a distance of 111.75 feet, South 8343'38" West a distance of 118.69 feet, South 8836'36" West a distance of 516.93 feet, South 8939'42" West a distance of 399.21 feet, to the west line of Land Lot 1161; thence continuing generally Westerly along and following the curvature of said Southern Right of Way of Cox Road to a point being the Northwest corner of Parcel Number 22-34501160-030-4; thence generally South along the Western boundary of said Parcel Number

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22-3450-1160-030-4 a distance of approximately 407.5 feet to a point being the Northeast corner of Parcel Number 22-3450-1160-038-7; thence generally Southwest a distance of approximately 50 feet along the Northwest boundary of said Parcel Number 22-3450-1160-038-7; thence generally Southwest a distance of approximately 90.5 feet along the Northwest boundary of said Parcel Number 22-3450-1160-038-7; thence generally Southwest a distance of approximately 279.83 feet along the Northwest boundary of said Parcel Number 22-3450-1160-038-7; thence generally South a distance of approximately 84.8 feet along the Western boundary of said Parcel Number 22-3450-1160-038-7 to a point being the Southwest corner of said Parcel Number 22-3450-1160-038-7; thence generally Southeast a distance of approximately 191.62 feet along the Southern boundary of said Parcel Number 22-3450-1160-038-7 to a point being the Southeast corner of said Parcel Number 22-3450-1160-038-7; thence generally South a distance of approximately 248.8 feet along the Western boundary of Parcel Number 22-3450-1160-030-4 to a point on the Northern boundary line of Parcel Number 22-3450-1217-026-5, said point being the Southwest corner of said Parcel Number 22-3450-1160-030-4; thence generally South and West a distance of approximately 105.9 feet along the Northern boundary of Parcel Number 22-34501217-026-5; thence generally South and West a distance of approximately 256.08 feet along the Northern boundary of Parcel Number 22-3450-1217-026-5; thence generally West a distance of approximately 165.14 feet along the Northern boundary of Parcel Number 22-3450-1217-026-5; thence generally West a distance of approximately 245.82 feet along the Northern boundary of Parcel Number 22-3450-1217-026-5 to a point on the West Line of Land Lot 1160, said point being the Northwest corner of Parcel Number 22-3450-1217-026-5; thence generally South along the said West Line of Land Lot 1160 to the Southwest corner of said Land Lot 1160, said corner being common with Land Lots 1159, 1160, 1217, and 1218; thence continuing generally South along the West Line of Land Lot 1217 to the Southwest corner of said Land Lot 1217, said corner being common with Land Lots 1217, 1218, 1232, and 1233; thence continuing generally South along the West Line of Land Lot 1232 to a point being the Southwest corner of Parcel Number 22-3460-1232-010-8; thence running generally East a distance of approximately 1,137.7 feet to a point located on the Western Right of Way of King Circle (a 30' right-of-way) said point being the Southeast corner of said Parcel Number 22-3460-1232-010-8; thence running generally Southeast a distance of approximately 545.91 feet along and following the curvature of the Western Right of Way of King Circle (a 30' right-of-way) to a point along said Right of Way, said point being the Southeast corner of Parcel Number 22-3460-1232-030-6; thence leaving said Right of Way and running generally West a distance of approximately 1,363 feet to a point on the West Line of Land Lot 1232, said point being the Southwest corner of said Parcel Number 22-3460-1232-030-6; thence generally South along the West Line of Land Lot 1232 a distance of approximately 423.7 feet to the Southwest corner of Land Lot 1232, said corner being common with Land Lots 1231, 1232, 1288, and 1289; thence running generally East along the South Line of Land Lot 1232 to a point that is approximately 316.6 feet from the intersection of said South Line with the Western

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Right of Way of King Circle (a 30' right-of-way), said point also being the Northwest corner of Parcel Number 22-3520-1288-073-7; thence running generally Southeast along the Southwestern boundary of said Parcel Number 22-3520-1288-073-7 a distance of approximately 401.4 feet to a point being the Southwest corner of said Parcel Number 22-3520-1288-073-7; thence running generally East along the Southern boundary of said Parcel Number 22-3520-1288-073-7 a distance of approximately 410.0 feet to a point located on the Western Right of Way of King Road (right-of-way varies), said point being the Southeast corner of said Parcel Number 22-3520-1288073-7; thence continuing generally Northerly along and following the curvature of said Western Right of Way of King Road to a point located on said Western Right of Way of King Road at the Northeast corner of Parcel Number 22-3520-1233-074-1; thence leaving said Right of Way of King Road and running generally Northwest along the Northeastern boundary of said Parcel Number 22-3520-1233-074-1 a distance of approximately 327 feet to a point located at the Northwest corner of said Parcel Number 22-3520-1233-074-1; thence running generally North a distance of approximately 106.66 feet along the Western boundary of Parcel Number 22-35241233-001 to a point being the Northwest corner of said Parcel Number 22-3524-1233001; thence continuing generally North a distance of approximately 78.93 feet along the Eastern boundary line of Parcel Number 22-3520-1233-070 to a point being the Northeast corner of said Parcel Number 22-3520-1233-070; thence running generally Northeast a distance of approximately 212.37 feet along the Northwestern boundary line of Parcel Number 22-3524-1233-003 to a point being the Northern corner of said Parcel Number 22-3524-1233-003; thence continuing generally Northeast a distance of approximately 121.38 feet along the Northwestern boundary of Parcel Number 223524-1233-004 to a point being the Southwest corner of Parcel Number 22-3520-1233096; thence running generally Southeast a distance of approximately 93.66 feet along the Southern boundary of Parcel Number 22-3520-1233-096 to a point being the Northwest corner of Parcel Number 22-3520-1233-081; thence running generally Southeast a distance of approximately 425.65 feet along the Southern boundary of Parcel Number 22-3520-1233-081 to a point located on the Western Right of Way of King Road (right-of-way varies), said point being the Southeast corner of Parcel Number 22-3520-1233-081; thence continuing generally Northerly along and following the curvature of said Western Right of Way of King Road to a point located on said Western Right of Way of King Road and along the Eastern boundary line of Parcel Number 22-3520-1233-096 directly across from the Northern Right of Way of Kent Road; thence Easterly across King Road to a point at the intersection of the Eastern Right of Way of King Road and the Northern Right of Way of Kent Road; thence running generally Easterly along and following the curvature of said Northern Right of Way of Kent Road a distance of approximately 681.1 feet to a point located on said Northern Right of Way of Kent Road at the Southeast corner of Parcel Number 223520-1233-016-2; thence leaving said Right of Way and running generally North along the Eastern boundary of said Parcel Number 22-3520-1233-016-2 a distance of approximately 687.2 feet to a point being the Northeast corner of said Parcel Number

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22-3520-1233-016-2; thence running generally West along the Northern boundary of said Parcel Number 22-3520-1233-016-2 a distance of approximately 422.2 feet to a point on the Eastern Right of Way of King Road being the Northwest corner of said Parcel Number 22-3520-1233-016-2; thence Westerly across King Road to a point on the Western Right of Way of King Road; thence generally Northerly along and following the curvature of said Western Right of Way of King Road to a point located on said Western Right of Way of King Road and being the Northeast corner of Parcel Number 22-3510-1162-075; thence Easterly across King Road to a point on the Eastern Right of Way of King Road being the Southwest corner of Parcel Number 22-35101162-009; thence, North 8115'52" East a distance of 235.27 feet to a point; thence, 7616'38" East a distance of 526.69 feet to a point located on the east line of Land Lot 1162; thence, North 0030'38" East, along said east line of Land Lot 1162, a distance of 532.99 feet to the southwest corner of Land Lot 1142, said corner being common with Land Lots 1142, 1143, 1162, and 1163; thence North 01 degrees 11 minutes 29 seconds West along the West Line of Land Lot 1142, a distance of 818.25 feet to the Southeast Right of Way of Cox Road (right-of-way varies); thence Northeasterly along the said Southeastern Right of Way of Cox Road (right-of-way varies) and crossing over Woodstream Court and Etris Road, a distance of 2,585.0 feet to a point; thence South 00 degrees 48 minutes 08 seconds East a distance of 865.47 feet to the South Line of Land Lot 1092; thence East along said South Line of Land Lot 1092 a distance of 477.0 feet to the Southeast corner of Land Lot 1092, said corner being common with Land Lots 1092, 1093, 1140, and 1141; thence North, along the East Line of Land Lot 1092, a distance of 550.0 feet; thence South 80 degrees 38 minutes 00 seconds East a distance of 97.2 feet; thence North 08 degrees 00 minutes 00 seconds East a distance of 157.0 feet to a point located on the Southwest Right of Way of Old Cemetery Road (right-ofway varies); thence South 72 degrees 21 minutes 00 seconds East, along said Old Cemetery Road (right-of-way varies) a distance of 140.3 feet to a point located on the Southwesterly Right of Way of Arnold Mill Road (right-of-way varies); thence Southeasterly along said Right of Way of Arnold Mill Road a distance of 2,562 feet, more or less, to the northerly right-of-way of Cagle road (60' right-of-way); thence, westerly along the northerly right-of-way of Cagle Road (60' right-of-way) a distance of 198 feet, more or less, to the east line of Land Lot 1165; thence, south, along said east line of Land Lot 1165, a distance of 60.0 feet to the southerly right-of-way of Cagle Road (60' right-of-way); thence continuing generally South along the East Line of Land Lot 1165 to a point on the Southeast corner of said Land Lot 1165, said corner being common with Land Lots 1165, 1166, 1211, and 1212; thence running generally East along the South Line of Land Lot 1166 to the intersection of said South Line with the Southwestern Right of Way of Arnold Mill Road (right-of-way varies) 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 Land Lot 1103; then proceeding north along the western edge of Land Lot 1103 and Land Lot 1058 to the northwestern most corner of the Harrington Falls subdivision; then proceeding eastward along the northern boundary of the Harrington

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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;".
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 811. By Representative Jones of the 46th:
A BILL to be entitled an Act to amend an Act to incorporate the City of Milton in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3554), so as to provide for certain qualifications for the office of mayor or councilmember; to provide for term limits; to change the compensation for the mayor and councilmembers; to provide for certain nominations; to eliminate the position of executive aide; to provide for the composition of certain boards, commissions, and authorities; to remove certain franchise provisions; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 812. By Representatives Jones of the 46th, Geisinger of the 48th, Willard of the 49th and Martin of the 47th:
A BILL to be entitled an Act to amend an Act to reincorporate the City of Roswell in the County of Fulton, approved April 19, 2000 (Ga. L. 2000, p. 3844), as amended, so as to change the corporate limits; 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 813. By Representative Jones of the 46th:
A BILL to be entitled an Act to create the City of Milton Parks and Recreation Authority; to authorize such authority to acquire, construct, equip,

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maintain, and operate or contract for services to provide athletic and recreational centers, facilities, and areas, including, but not limited to, playgrounds, parks, hiking, camping, and picnicking areas and facilities, swimming and wading pools, lakes, tennis courts, athletic fields and courts, clubhouses, gymnasiums, auditoriums, youth centers, senior citizen centers, stadiums, performing arts centers, cultural centers, related buildings, golf courses, and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities; to acquire parking facilities and parking areas in connection therewith; to provide that bonds be validated as authorized by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law"; to provide for construction; to provide for personnel; to provide for conveyance of property upon 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.
HB 814. By Representatives Manning of the 32nd, Tumlin of the 38th, Parsons of the 42nd, Ehrhart of the 36th, Setzler of the 35th and others:
A BILL to be entitled an Act to amend an Act creating the Cobb County Commission on Children and Youth, approved February 24, 1988 (Ga. L. 1988, p. 3569), as amended particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3672), so as to re-create the Cobb County Commission on Children and Youth; to provide for the manner of appointment of members; to provide for duties and powers; to authorize the commission to receive and expend funds; to provide for all related matters; to provide for an annual report; to allow the commission to qualify for treatment under the Internal Revenue Code as a tax exempt organization; to provide for a termination date; 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 817. By Representatives Holmes of the 61st, Brooks of the 63rd, Abrams of the 84th, Gardner of the 57th, Kaiser of the 59th and others:
A BILL to be entitled an Act to create the McPherson Implementing Local Redevelopment Authority; to provide for a short title; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies,

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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 liberal construction; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 818. By Representatives Carter of the 159th, Bryant of the 160th, Gordon of the 162nd, Stephens of the 164th and Jackson of the 161st:
A BILL to be entitled an Act to abolish the elected office of county surveyor for Chatham County; to provide for the appointment of a county surveyor; to provide for a term of office; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 819. By Representatives Dollar of the 45th, Parsons of the 42nd, Golick of the 34th, Cooper of the 41st, Ehrhart of the 36th and others:
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 30, 1989 (Ga. L. 1989, p. 4711), so as to provide for a pay increase for the members and chairperson of the Cobb County-Marietta Water 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 820. By Representatives Tumlin of the 38th, Manning of the 32nd, Parsons of the 42nd, Teilhet of the 40th, Cooper of the 41st 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 1, 2006 (Ga. L. 2006, p. 3984), 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.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 821. By Representatives Tumlin of the 38th, Manning of the 32nd, Parsons of the 42nd, Teilhet of the 40th, Golick of the 34th 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, 2006 (Ga. L. 2006, p. 4276), 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.

HB 824. By Representatives O`Neal of the 146th, Talton of the 145th and Sellier of the 136th:

A BILL to be entitled an Act to amend an Act providing a new charter for the City of Warner Robins, approved March 7, 1978 (Ga. L. 1978, p. 3081), as amended, so as to change provisions relating to disposition of real property by the city; to expressly authorize the disposition of certain property; 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 Abrams Y Amerson Y Ashe E Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks

Y Dempsey Y Dickson Y Dollar Y Drenner
Dukes Ehrhart Y England Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J

Y Holt Y Horne Y Houston
Howard Y Hudson Y Hugley
Jackson Jacobs Y James Y Jamieson Y Jenkins Y Jerguson

Martin Y Maxwell Y May
McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby

Scott, M Y Sellier E Setzler Y Shaw
Sheldon Shipp Y Sims, B Sims, C Y Sims, F Sinkfield Y Smith, B Y Smith, L

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Y Bruce E Bryant Y Buckner Y Burkhalter
Burns E Butler
Byrd Y Carter, A Y Carter, B Y Casas E Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Fludd E Forster
Franklin Y Frazier E Freeman Y Gardner Y Geisinger Y Glanton
Golick Y Gordon
Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree E Henson
Hill, C Hill, C.A E Holmes

Y Johnson, C Y Johnson, T Y Jones, J
Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight
Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis
Lindsey Y Lord
Loudermilk Lucas Lunsford Y Maddox Mangham E Manning Marin

Y Mumford Y Murphy Y Neal Y Nix E Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett
Ralston Y Randall E Reece Y Reese
Rice Y Roberts
Rogers Y Royal Y Rynders E Sailor Y Scott, A

Y Smith, R E Smith, T Y Smith, V
Smyre Stanley-Turner E Starr Y Stephens Y Stephenson Y Talton Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Willard Williams, A Y Williams, E Y Williams, M Y Williams, R Wix Y 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 Burns of the 157th 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 Reece of the 11th and Sailor of the 93rd were excused on 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 128. By Representatives Smith of the 70th, Jones of the 46th, England of the 108th, Mosby of the 90th, Nix of the 69th 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

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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.
HB 171. By Representative Rice of the 51st:
A BILL to be entitled an Act to amend Code Sections 40-3-36 and 43-43-3 of the Official Code of Georgia Annotated, relating to certificates of title for scrap motor vehicles, so as to authorize the use of a statement of the vehicle owner who does not have a valid title upon the sale of such vehicle; to prescribe conditions for use of the statement; to authorize the Department of Revenue to promulgate such statement; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 529. By Representatives Royal of the 171st, Harbin of the 118th, Keen of the 179th, Reese of the 98th, Hill of the 21st and others:
A BILL to be entitled an Act to amend numerous provisions of the Official Code of Georgia Annotated so as to reflect changes in the organization of the General Assembly with respect to budgetary functions; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 551. By Representative Lindsey of the 54th:
A BILL to be entitled an Act to amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to provide for the "State False Medicaid Claims Act"; to provide for a short title; to provide for legislative findings; to provide for definitions; to provide for liability to this state for certain false claims; to provide for civil actions for false Medicaid claims; to provide for exclusions for certain civil actions; to provide for procedure; to provide for burden of proof; to provide for whistleblower protection; to provide for statute of limitations; to provide for venue; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 553. By Representatives Murphy of the 120th, Frazier of the 123rd and Howard of the 121st:
A BILL to be entitled an Act to amend an Act providing for the consolidation of Richmond County and the City of Augusta, approved March 27, 1995 (Ga.

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L. 1995, p. 3648), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3769), so as to provide for the election and terms of the members of the Augusta-Richmond County Commission; to repeal conflicting laws; and for other purposes.
HB 554. By Representatives Murphy of the 120th, Frazier of the 123rd and Howard of the 121st:
A BILL To be entitled an Act to amend an Act creating the Civil Court of Richmond County, approved August 28, 1931 (Ga. L. 1931, p. 270), as amended, particularly by an Act approved February 10, 1999 (Ga. L. 1999, p. 3508), so as to provide for the election and terms of the marshal of the Civil Court of Richmond County; to repeal conflicting laws; and for other purposes.
HB 616. By Representative Lane of the 167th:
A BILL to be entitled an Act to amend an Act to form a board of commissioners for the County of McIntosh, approved February 26, 1876 (Ga. L. 1876, p. 2839), as amended, so as to provide for a county manager; to provide for appointment; to provide for the duties, powers, and qualifications of the county manager; to provide for vacancies in the office of county manager; to repeal conflicting laws; and for other purposes.
HB 660. By Representatives James of the 135th and Sellier of the 136th:
A BILL to be entitled an Act to create a board of elections and registration for Peach 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.
HB 688. By Representative Hudson of the 124th:
A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Hancock County, approved April 5, 1993 (Ga. L. 1993, p. 4524),

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as amended, so as to change provisions relating to terms for the board members; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 738. By Representatives Cole of the 125th and Freeman of the 140th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), as amended, particularly by an Act approved March 27, 1998 (Ga. L. 1998, p. 3912), so as to change the provisions relating to compensation and travel expenses of the members of the board of commissioners; to repeal conflicting laws; and for other purposes.
HB 775. By Representatives Mills of the 25th, Rogers of the 26th, Collins of the 27th and Benton of the 31st:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners for Hall County, approved March 21, 1935 (Ga. L. 1935, p. 661), as amended, particularly by an Act approved April 6, 1992 (Ga. L. 1992, p. 5327), so as to change the provisions of law concerning the expense allowance received by the chairperson and members of the Board of Commissioners of Hall County; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 782. By Representatives Ralston of the 7th and Graves of the 12th:
A BILL to be entitled an Act to provide that investigators appointed to assist the district attorney of the Appalachian Judicial Circuit may be authorized by the district attorney to make arrests; to provide a procedure for such written authorization; 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 155. By Representative Willard of the 49th:
A BILL to be entitled an Act to amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to permit the department to obtain criminal history background data on owners of personal care homes, private home care providers, and child welfare agencies; to provide for definitions; to provide for the establishment of a uniform method of obtaining criminal history background checks; to prohibit

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owners with certain criminal records from operating licensed facilities; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 357. By Representative O`Neal of the 146th:
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 define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" for certain taxable years and thereby incorporate certain provisions of the federal law into Georgia law; to provide that such provisions shall supercede and control over certain other provisions; to provide an effective date; to provide applicability; to repeal conflicting laws; and for other purposes.
HB 443. By Representatives Coan of the 101st, Pruett of the 144th, Scott of the 2nd, Teilhet of the 40th, England of the 108th 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 changes to what shall be deemed "employment"; to extend suspension of adjustments based upon the State-wide Reserve Ratio; to provide for a reduced adjustment in contribution rates through a certain time period; to provide for a change in the weekly benefit amount over a certain period; to provide a supplemental appropriation for the Department of Labor of additional funds which are otherwise available to the department; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 497. By Representatives Sheldon of the 105th, Cox of the 102nd, Cooper of the 41st, Coan of the 101st, Roberts of the 154th and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to provide for pre-birth surrender of rights for a biological father to a child being placed for adoption; to provide for the dissolution of surrender rights signed by the birth mother if the biological father legitimates the child and the adoption is not granted; to clarify the authority of a birth mother to sign either a voluntary acknowledgment of legitimation or of paternity following her execution of a surrender of parental rights in support of an adoption of the same child; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
The Senate has adopted by substitute, by the requisite constitutional majority, the following resolutions of the House:

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HR 369. By Representative Barnard of the 166th:
A RESOLUTION authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia; authorizing the conveyance of certain state owned real property located in Charlton County, Georgia; authorizing the conveyance of certain state owned real property located in Chatham County, Georgia; authorizing the conveyance of certain state owned real property located in Coffee County, Georgia; authorizing the conveyance of certain state owned real property located in Columbia County, Georgia; to repeal conflicting laws; and for other purposes.
HR 370. By Representative Barnard of the 166th:
A RESOLUTION authorizing the leasing of certain state owned real property in Bibb County, Georgia; authorizing the leasing of certain state owned real property in Cobb County, Georgia; authorizing the leasing of certain state owned real property located in Dougherty County, Georgia; authorizing the leasing of certain state owned real property located in Mitchell County, Georgia; authorizing the leasing of certain state owned real property in Troup County, Georgia; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House substitute to the following bill of the Senate:
SB 70. By Senators Hamrick of the 30th, Hudgens of the 47th, Thompson of the 33rd, Murphy of the 27th, Tarver of the 22nd and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 7 of the O.C.G.A., relating to financial institutions generally, so as to update the banking laws in order to reflect changes in federal law and for other purposes; to exclude the value of good will in certain transactions; to regulate real estate loans; to allow for the electronic transmission of proxy; to allow for share exchange in mergers or consolidations; to define share exchange; to change the qualifications for check sellers; to require background checks on employees and agents of check sellers; to provide for registration and testing of check sellers who are not licensed; to provide for a bond to be posted by check sellers; to provide for a cease and desist order to be issued against noncompliant licensees; 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:
Davis of the 109th and Benton of the 31st.

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The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:

HR 42. By Representative Porter of the 143rd:

A RESOLUTION congratulating Miss Bliss McMichael on being named Georgia's Junior Miss for the Class of 2007 and inviting her to appear before the House of Representatives; and for other purposes.

HR 824. By Representatives Tumlin of the 38th, Manning of the 32nd, Teilhet of the 40th, Ehrhart of the 36th, Parsons of the 42nd and others:

A RESOLUTION recognizing and commending educator Emily Jennette and inviting her to appear before the House of Representatives; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate, having been postponed from the previous legislative day, was taken up for consideration and read the third time:

SB 209. By Senator Whitehead, Sr. of the 24th:

A BILL to be entitled an Act to amend an Act providing for a supplement to the compensation, expenses, and allowances of the judges of the Superior Court of the Augusta Judicial Circuit, approved April 6, 1981 (Ga. L. 1981, p. 595), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 4454), so as to change the provisions relating to 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.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Amerson Y Ashe E Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black

Y Dempsey Y Dickson Y Dollar Y Drenner
Dukes Y Ehrhart Y England
Epps Y Everson Y Fleming

Y Holt Y Horne
Houston Y Howard Y Hudson Y Hugley Y Jackson
Jacobs Y James Y Jamieson

Y Martin Maxwell
Y May Y McCall Y McKillip
Meadows Y Millar Y Mills Y Mitchell E Morgan

Y Scott, M Y Sellier E Setzler Y Shaw
Sheldon Shipp Y Sims, B Sims, C Y Sims, F Sinkfield

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Y Bridges Brooks
Y Bruce E Bryant
Buckner Y Burkhalter Y Burns E Butler Y Byrd Y Carter, A Y Carter, B Y Casas E Chambers Y Channell Y Cheokas Y Coan Y Cole
Coleman E Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Floyd, H Y Floyd, J Y Fludd E Forster Y Franklin
Frazier E Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree E Henson Y Hill, C
Hill, C.A E Holmes

Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J
Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis
Lindsey Y Lord
Loudermilk Lucas Y Lunsford Maddox Mangham E Manning Marin

Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix E Oliver Y O'Neal
Parham Y Parrish
Parsons Y Peake
Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese
Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Smith, B Y Smith, L Y Smith, R E Smith, T Y Smith, V Y Smyre Y Stanley-Turner E Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B
Tumlin Y Walker Y Watson Y Wilkinson Y Willard
Williams, A Williams, E Y Williams, M Y Williams, R Wix E 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.

Representatives Marin of the 96th 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.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 190. By Senators Harp of the 29th, Meyer von Bremen of the 12th, Moody of the 56th, Goggans of the 7th, Thomas of the 54th and others:

A BILL to be entitled an Act to amend Part 2 of Article 6 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to issues of insanity and mental incompetency in pretrial proceedings, so as to provide for definitions; to provide that the committing court may have discretion to allow evaluation in the community for certain defendants; to provide that the committing court can order an evaluation of the defendant; to provide for the

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committing court to conduct a civil commitment hearing on the defendant; 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 Abrams Y Amerson Y Ashe E Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges
Brooks Y Bruce E Bryant
Buckner Burkhalter Y Burns E Butler Y Byrd Y Carter, A Y Carter, B Y Casas E Chambers Y Channell Y Cheokas Y Coan Y Cole Coleman E Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Davis, S Day

Y Dempsey Y Dickson Y Dollar Y Drenner
Dukes Y Ehrhart Y England
Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd E Forster N Franklin
Frazier E Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree E Henson Y Hill, C
Hill, C.A E Holmes

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson
Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T
Jones, J Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Lindsey Y Lord Loudermilk Lucas Lunsford Y Maddox Mangham E Manning Y Marin

Y Martin Maxwell
N May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake
Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese
Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

N Scott, M Y Sellier E Setzler Y Shaw
Sheldon Shipp Y Sims, B Sims, C Y Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, R E Smith, T Y Smith, V Y Smyre Y Stanley-Turner E Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Tumlin Y Walker Y Watson Y Wilkinson Y Willard Williams, A Williams, E Y Williams, M Y Williams, R Wix E Yates Richardson, Speaker

On the passage of the Bill, the ayes were 129, nays 3.

The Bill, having received the requisite constitutional majority, was passed.

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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.
SB 156. By Senators Balfour of the 9th, Cowsert of the 46th, Hawkins of the 49th and Stoner of the 6th:
A BILL to be entitled an Act to amend Article 2 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to minimum funding standards for public retirement systems, so as to provide that counties, municipal corporations, and other political subdivisions may provide postemployment benefits other than retirement or pension benefits; to define certain terms; to provide that such plans may be prefunded to comply with certain financial reporting, disclosure, and actuarial requirements; to provide that such funds shall be held in trust for the intended purpose; to provide that such funds are declared to be public property exempt from state and local taxation; 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 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that counties, municipal corporations, and other political subdivisions may provide post-employment benefits other than retirement or pension benefits; to define certain terms; to provide that such plans may be prefunded to comply with certain financial reporting, disclosure, and actuarial requirements; to provide that such funds shall be held in trust for the intended purpose; to provide that such funds are declared to be public property exempt from state and local taxation; to create the Board of Regents Retiree Health Benefit Fund; to provide for a trust fund to provide for retiree post-employment health care benefits; to define certain terms; to provide for the powers and duties of the Board of Regents of the University System of Georgia; to provide for actuarial services; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by revising subsection (h) of Code Section 47-20-10, relating to minimum annual employer contributions, as follows:

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"(h) The minimum funding requirements of this Code section shall not apply to prefunding, in whole or in part, of anticipated future costs of providing health care benefits and related expenses including, without limitation, provision of all or part of the cost of health insurance coverage and health maintenance organization participation costs other post-employment benefits as defined by Governmental Accounting Standards Board Statements Number 43 and Number 45 for retired employees of a political subdivision including those presently retired and those anticipated to retire in the future, as provided in Code Section 47-20-10.1. Such prefunding may be maintained as part of the same investment pool as the fund receiving employer and employee contributions to pay the cost of providing retirement benefits under any retirement system maintained by the political subdivision for its employees so long as such funds are separately accounted for and separate records are maintained with respect to each fund. Funds maintained by a political subdivision for the purpose of prefunding health care other post-employment benefits for retired employees may be invested and reinvested in accordance with the provisions of Code Section 47-1-12, or Article 7 of Chapter 20 of this title, as applicable, and, for the purposes of that Code section or article and the home rule provisions of the laws and the Constitution of the State of Georgia only, such funds shall be considered treated in the same manner as retirement funds."
SECTION 2. Said title is further amended by inserting after Code Section 47-20-10 a new Code section to read as follows:
"47-20-10.1. (a) Political subdivisions are authorized to establish plans to provide for payment of other post-employment benefits, as defined by Governmental Accounting Standards Board Statements Number 43 and Number 45 for their eligible present and future retirees and other related expenses as described herein. Such benefits may be prefunded by irrevocable trusts or other authorized funding mechanisms subject to the financial reporting, disclosure, and actuarial requirements of Governmental Accounting Standards Board Statements Number 43 and Number 45 or any subsequent Governmental Accounting Standards Board updates or statements that may be applicable. Except as otherwise provided under subsection (c) of this Code section, the plan and assets of any trust or fund so established may be under the governance and investment authority of a retirement system maintained by the political subdivision or other board of trustees established for such purpose; provided, however, that the assets of any other post-retirement benefit plan, trust, or fund shall be separately accounted for and separate records shall be maintained. The prefunded amounts shall be available without fiscal year limitations for other post-employment benefits, as defined by Governmental Accounting Standards Board Statements Number 43 and Number 45, and administration costs. All employer contributions, plan participant contributions, appropriations, earnings, and reserves for the payment of obligations under the plan shall be credited to such trust or fund. The amounts remaining in such trust or fund, if

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any, after other post-employment benefit expenses and administration costs have been paid in any year shall be retained in such trust or fund for future payments until the satisfaction of all plan liabilities under the trust or fund for other post-employment benefits. All prefunded amounts shall be used solely for the payment of plan benefits and administrative costs and for no other purpose. (b) Prefunded assets of whatever kind or nature of any other post-employment benefit plan or trust, and the earnings or proceeds derived from such investments or assets, are limited to paying other post-employment benefits and administrative costs and are declared to be public property and exempt from taxation by this state, or by any political subdivision of this state, and exempt from levy and sale, garnishment, attachment, or any other process whatsoever. (c) Employers who are eligible to participate in the Georgia Municipal Employees Benefit System created by Chapter 5 of this title may establish or participate in an other post-employment benefit plan, trust, or fund under the governance and investment authority of the board of trustees of the Georgia Municipal Employees Benefit System, notwithstanding any provision of this Code section or Code Section 47-20-10 to the contrary. The assets of any such plan, trust, or fund under the governance and investment authority of the board of trustees of the Georgia Municipal Employees Benefit System may be maintained as part of the same investment pool as the system retirement fund and invested pursuant to the applicable provisions of Article 7 of Chapter 20 of Title 47, notwithstanding any provision of subsection (c) of Code Section 47-5-28 to the contrary, so long as the assets of the plan, trust, or fund and the Georgia Municipal Employees Benefit System retirement fund are separately accounted for and separate records are maintained for the plan, trust, or fund and the Georgia Municipal Employees Benefit System retirement fund."
SECTION 3. Said title is further amended by revising Chapter 21, the "Regents Retirement Plan Act," by designating the existing provisions of said chapter as Article 1 and by adding a new article to read as follows:
"ARTICLE 2
47-21-20. As used in this article, the term:
(1) 'Actuarial assumptions' means assumptions regarding the occurrence of future events affecting costs of the fund such as mortality, withdrawal, disability, and retirement; changes in compensation and offered post-employment benefits; rates of investment earnings and asset appreciation or depreciation; procedures used to determine the actuarial value of assets; and other relevant items. (2) 'Actuarially sound' means that calculated contributions to the fund are sufficient to pay the full actuarial cost of the fund. The full actuarial cost includes both the normal cost of providing for fund obligations as they accrue in the future and the cost

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of amortizing the unfunded actuarial accrued liability over a period of no more than 30 years. (3) 'Administrative expenses' means all expenses incurred in the operation of the fund, including all investment expenses. (4) 'Annual required contribution' means the amount determined in accordance with requirements of Governmental Accounting Standards Board Statement No. 43, or any subsequent Governmental Accounting Standards Board statements that may be applicable to the fund. (5) 'Board' means the Board of Regents of the University System of Georgia. (6) 'Covered health care expenses' means all actual health care expenses incurred by the health plan with respect to fund beneficiaries. Actual health care expenses include claims incurred with respect to fund beneficiaries and premiums incurred with respect to intermediary entities and health care providers by the health plan. (7) 'Employer' means the Board of Regents of the University System of Georgia and any department or institution of thereof that employs persons who are eligible to participate in the health plan. (8) 'Fund' means the Board of Regents Retiree Health Benefit Fund established under this article. (9) 'Health plan' means the board's health insurance plans established pursuant to authority granted to the board pursuant to Code Sections 20-3-31 and 20-3-51. (10) 'Obligations' means the administrative expenses of the fund and the cost of covered health care expenses incurred on behalf of fund beneficiaries less any amounts received by or on behalf of fund beneficiaries.
47-21-21. (a) There is created the Board of Regents Retiree Health Benefit Fund to provide for the employer costs of retiree post-employment health insurance benefits. The fund shall be a trust fund of public funds. The board in its official capacity shall be its trustee and the Chancellor in his or her official capacity shall be its administrator. (b) The fund shall be available and dedicated without fiscal year limitations for covered health care expenses and administration costs. All employer and retiree contributions, appropriations, earnings, and reserves for the payment of obligations under this article shall be irrevocably credited to such fund. The amounts remaining in such fund, if any, after such health care expenses and administration costs have been paid shall be retained in such fund as a special reserve for covered health care expenses and administration costs. The board shall determine the time and amounts of distributions from the special reserve for covered health care expenses and administration costs. All assets of the fund shall be used solely for the payment of fund obligations and for no other purpose and shall be protected from creditors of the state and the board.
47-21-22. (a) Responsibility for the proper operation of the fund is vested in the board.

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(b) The board shall: (1) Adopt actuarial assumptions as necessary and prudent; (2) Employ such personnel as may be needed to carry out the provisions of this article and such personnel shall be employees of the board. The pro rata share of the costs of operating the board in the manner prescribed by law shall be a part of the administrative costs of the fund; (3) Maintain all necessary records regarding the fund in accordance with generally accepted accounting principles, as applied to the fund; (4) Collect all moneys due to the fund and shall pay any administrative expenses necessary and appropriate for the operation of the fund from the fund; and (5) Cause to be prepared an annual report of fund activities. Such report shall include, but not be limited to, audited financial statements.
(c) The board may: (1) Adopt any rules and regulations that it finds necessary to properly administer the fund; (2) Employ or contract for the services of actuaries and other professionals as required to carry out the duties established by this article; and (3) Contract with the Division of Investment Services of the Teachers Retirement System of Georgia or such other investment advisors as deemed appropriate and prudent by the board for any necessary services with respect to fund investments.
(d) Notwithstanding any other provision of law to the contrary, the board shall be entitled to any information that it deems necessary and appropriate from a university employee retirement system in order that the provisions of this article may be carried out.
47-21-23. (a) The actuary employed or retained by the board shall provide technical advice to the board regarding the operation of the fund. (b) Utilizing the actuarial assumptions most recently adopted by the board, the actuary shall set the annual actuarial present values for the state plan for other post-employment benefits.
47-21-24. (a) The board shall have control over the fund established by this article. The provisions provided for in this article and all administrative expenses shall be paid from the fund. The board may expend moneys from the fund for any purpose authorized by this article. (b) The board shall have full power to invest and reinvest its assets, subject to all of the terms, conditions, limitations, and restrictions imposed by Article 7 of Chapter 20 of Title 47, 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 securities and investments in which

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any of the moneys are invested, including the proceeds of any investments and other moneys belonging to the fund. (c) Except as otherwise provided in this chapter, no member or employee of the board shall have any personal interest in the gains or profits from any investment made by the board or use the assets of the fund in any manner, directly or indirectly, except to make such payments as may be authorized by the board in accordance with this article.

47-21-25. (a) The board shall annually determine the minimum annual required contributions sufficient to maintain the fund in an actuarially sound manner in accordance with Governmental Accounting Standards Board Statement No. 43, or any subsequent Governmental Accounting Standards Board statements that may be applicable to the fund. (b) The board may annually establish employer contribution rates for the purpose of establishing the health plan from fiscal year to fiscal year and additional employer contribution rates in accordance with the health plan for other post-employments benefits. (c) It shall be the responsibility of employers to make contributions to the fund in accordance with the employer contribution rates established by the board."

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Amerson
Ashe E Barnard Y Bearden E Beasley-Teague
Benfield Y Benton Y Black
Bridges Brooks Y Bruce E Bryant Buckner Y Burkhalter Y Burns Y Butler

Y Dempsey Y Dickson Y Dollar Y Drenner
Dukes Y Ehrhart Y England
Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd E Forster Y Franklin Y Frazier E Freeman Y Gardner

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson
Jacobs Y James
Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J
Jones, S Y Jordan Y Kaiser

Y Martin Maxwell
Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris
Mosby Y Mumford Y Murphy Y Neal Y Nix
Oliver Y O'Neal

Y Scott, M Y Sellier E Setzler Y Shaw
Sheldon Shipp Y Sims, B Sims, C Y Sims, F Sinkfield Smith, B Y Smith, L Y Smith, R E Smith, T Y Smith, V Y Smyre Y Stanley-Turner E Starr

MONDAY, APRIL 16, 2007

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Y Byrd Y Carter, A Y Carter, B Y Casas E Chambers Y Channell Y Cheokas Y Coan Y Cole
Coleman E Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H
Davis, S Day

Y Geisinger Y Glanton Y Golick
Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree E Henson Y Hill, C
Hill, C.A E Holmes

Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis
Lindsey Y Lord
Loudermilk Lucas Lunsford Y Maddox Mangham E Manning Y Marin

Y Parham Y Parrish Y Parsons Y Peake
Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese
Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard
Williams, A Williams, E Y Williams, M Y Williams, R Y Wix E Yates Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 129, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Dukes of the 150th 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 42. By Senators Harp of the 29th, Thomas of the 54th and Tolleson of the 20th:

A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the "Child Support Recovery Act," so as to authorize the Department of Human Resources to impose fees on child support collections; 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 Abrams Y Amerson Y Ashe E Barnard N Bearden E Beasley-Teague

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England

Y Holt N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson

Y Martin Maxwell
N May Y McCall Y McKillip Y Meadows Y Millar

N Scott, M Y Sellier E Setzler Y Shaw Y Sheldon
Shipp Y Sims, B

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Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce E Bryant
Buckner Y Burkhalter Y Burns Y Butler N Byrd Y Carter, A Y Carter, B N Casas E Chambers Y Channell N Cheokas N Coan Y Cole
Coleman E Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H
Davis, S Y Day

Epps N Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd E Forster N Franklin Y Frazier E Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon N Graves Y Greene Y Hamilton Y Hanner Y Harbin N Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree E Henson N Hill, C
Hill, C.A E Holmes

Jacobs Y James N Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J
Jones, S Y Jordan Y Kaiser Y Keen N Keown Y Knight
Knox Y Lakly Y Lane, B Y Lane, R Y Levitas N Lewis
Lindsey Y Lord N Loudermilk
Lucas Y Lunsford Y Maddox
Mangham E Manning Y Marin

Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake
Porter N Powell Y Pruett Y Ralston Y Randall Y Reece N Reese
Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Sims, C Y Sims, F
Sinkfield Y Smith, B Y Smith, L Y Smith, R E Smith, T Y Smith, V Y Smyre Y Stanley-Turner E Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin N Walker
Watson Y Wilkinson Y Willard
Williams, A Williams, E Y Williams, M Y Williams, R Y Wix E Yates Richardson, Speaker

On the passage of the Bill, the ayes were 122, nays 20.

The Bill, having received the requisite constitutional majority, was passed.

Representatives Lindsey of the 54th and Maxwell of the 17th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

SB 61.

By Senators Mullis of the 53rd, Whitehead, Sr. of the 24th, Seay of the 34th, Butler of the 55th and Staton of the 18th:

A BILL to be entitled an Act to amend Code Section 19-8-16 of the Official Code of Georgia Annotated, relating to investigation by a child-placing agency or other agent, so as to require a petitioner to submit to a criminal history records check; to provide for such an investigation; to provide for a fee; to 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, APRIL 16, 2007

2679

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Amerson Y Ashe E Barnard Y Bearden E Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce E Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A
Carter, B Casas E Chambers Y Channell Y Cheokas Y Coan Y Cole Coleman E Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Davis, S Y Day

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England
Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd E Forster Y Franklin Y Frazier E Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree E Henson Y Hill, C
Hill, C.A E Holmes

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson
Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J
Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox
Mangham E Manning Y Marin

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris
Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake
Porter Y Powell Y Pruett Y Ralston Y Randall
Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Scott, M Y Sellier E Setzler Y Shaw Y Sheldon
Shipp Y Sims, B
Sims, C Y Sims, F
Sinkfield Y Smith, B Y Smith, L Y Smith, R E Smith, T Y Smith, V Y Smyre Y Stanley-Turner E Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B
Tumlin Y Walker
Watson Y Wilkinson Y Willard
Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix E 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 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.

SB 81.

By Senators Pearson of the 51st, Wiles of the 37th, Thomas of the 54th, Hawkins of the 49th, Schaefer of the 50th and others:

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A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special license plates, so as to provide a special license plate commemorating 100 years of scouting; to provide that a portion of the funds generated by the sale of such special license plate be disbursed to the Boy Scouts of America; 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 allow surviving spouses of disabled veterans to continue to receive free disabled veterans plates; to specify that certain existing license plates shall not be subject to the special tag renewal fee; to provide for new revenue-sharing license plates; to provide for a new nonrevenue-sharing license plate; 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 paragraph (4) to subsection (c) of Code Section 40-2-69, relating to free license plates for disabled veterans, as follows:
"(4) In the event of the death of the person who received the special license plates pursuant to this Code section, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, his or her surviving spouse may continue to receive the free special license plates and revalidation decals until the death of the surviving spouse."
SECTION 2. Said article is further amended by revising subsection (e) of Code Section 40-2-85.1, relating to special and distinctive license plates for veterans, as follows:
"(e) Special license plates issued under this Code section, except as provided in subparagraph (a)(2)(A) of this Code section, shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 upon without payment of an additional $25.00 annual registration fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and remitted to the state as provided in Code Section 40-2-34. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section."

MONDAY, APRIL 16, 2007

2681

SECTION 3. Said article is further amended in Code Section 40-2-85.2, relating to special and distinctive license plates for veterans of the Chosin Reservoir Campaign of 1950, by revising subsection (e) as follows:
"(e) Special license plates issued under this Code section shall be renewed annually with a revalidation decal, as provided in Code Section 40-2-31, upon without payment of an additional $25.00 annual registration fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. Special license plates issued under this Code section shall be transferred between vehicles as provided in Code Section 402-80. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section."
SECTION 4. Said article is further amended in Code Section 40-2-86.21, relating to special license plates supporting beneficial projects, by revising subsections (a), (d), (e), (g), (h), (i), and (m) as follows:
"(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)(o) 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) subsections (m) and (n) of this Code section shall continue to be issued as so long as they continue to meet the requirements of subsections (b), (c), (f), (g), (i), (j), and (k) of this Code section." "(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)(o) 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)(o) of this Code section shall be

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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." "(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) subsections (n) and (o) 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)(o) 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, the date on which the application period becomes effective 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, if applicable, 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."
"(m)(1) The General Assembly has determined that the following 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. The special license plates listed in this subsection shall not be subject to a special tag renewal fee. (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.

MONDAY, APRIL 16, 2007

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(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)(3) 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)(4) 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

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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 the following special license plates supporting the agencies, funds, or nonprofit corporations listed in this subsection shall 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 fee to be paid to the department, shall be disbursed to the agency, fund, or nonprofit corporation indicated in this subsection. The special license plates listed in this subsection shall be subject to a special tag renewal fee. (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 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. (4) 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. (5) 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. (6) 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.

MONDAY, APRIL 16, 2007

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(7) 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. (8) 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."
SECTION 5. Said article is further amended in said Code section by redesignating existing subsection (n) as subsection (o).
SECTION 6. Said article is further amended in said Code section by revising paragraph (15) of and adding paragraphs to subsection (o), as redesignated in Section 2 of this Act, as follows:
"(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. The design of the special license plate provided for in this paragraph shall include the words 'Joanna McAfee Childhood Cancer Foundation' horizontally across the bottom of the plate in lieu of the county name." "(32) A special license plate promoting the arts in Georgia. The funds raised by the sale of this special license plate shall be disbursed to the Georgia Council for the Arts. (33) A special license plate supporting programs for the treatment of autism. The funds raised by the sale of this special license plate shall be disbursed to the Department of Human Resources for the support of programs for the treatment of autism in Georgia. (34) A special license plate honoring the work of The Garden Club of Georgia, Inc. The funds raised by the sale of this special license plate shall be disbursed to The Garden Club of Georgia, Inc., and used to fund scholarships that are awarded by the club. (35) A special license plate promoting the Georgia Junior Golf Foundation. The funds raised by the sale of this special license plate shall be disbursed to the Georgia Junior Golf Foundation. (36) A special license plate commemorating 100 years of scouting in the United States. 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. (37) A special license plate supporting Cobb County Public Schools. The funds raised by the sale of this special license plate shall be disbursed to the Cobb County

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Public Schools Educational Foundation and used to fund educational programs, grants to teachers, and scholarships in the Cobb County Public School System."

SECTION 7. Said article is further amended in Code Section 40-2-86.22, relating to special license plates that send proceeds to the general fund, by adding new paragraphs (5) and (6) to subsection (l) as follows:
"(5) A special license plate honoring Georgia municipal clerks. The municipal clerk's office provides the professional link connecting citizens with their local governing bodies and agencies of government at other levels. The funds raised by the sale of this license plate shall be deposited in the general fund."

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:

Abdul-Salaam Y Abrams Y Amerson Y Ashe E Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce E Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas E Chambers

Y Dempsey Y Dickson Y Dollar
Drenner Y Dukes Y Ehrhart Y England
Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd E Forster Y Franklin Y Frazier E Freeman
Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves

Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson
Jacobs Y James Y Jamieson Y Jenkins
Jerguson Y Johnson, C Y Johnson, T Y Jones, J
Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox
Lakly

Y Martin Y Maxwell Y May
McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake
Porter

Y Scott, M Y Sellier E Setzler Y Shaw Y Sheldon
Shipp Y Sims, B
Sims, C Y Sims, F
Sinkfield Y Smith, B Y Smith, L Y Smith, R E Smith, T Y Smith, V Y Smyre Y Stanley-Turner E Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M

MONDAY, APRIL 16, 2007

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Y Channell Cheokas
Y Coan Y Cole
Coleman E Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree E Henson Y Hill, C
Hill, C.A E Holmes

Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey
Lord Loudermilk Lucas Y Lunsford Y Maddox Mangham E Manning Y Marin

Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Thomas, B Tumlin
Y Walker Y Watson Y Wilkinson
Willard Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix E Yates Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 139, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

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 95.

By Senators Carter of the 13th, Adelman of the 42nd, Thomas of the 54th, Chance of the 16th and Seay of the 34th:

A BILL to be entitled an Act to amend Article 7 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to sale or distribution to, or possession by, minors of cigarettes and tobacco related objects, so as to make it unlawful to attempt to purchase cigarettes or tobacco related objects; to change certain provisions relating to sales from vending machines; 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 Abrams Y Amerson
Ashe E Barnard Y Bearden Y Beasley-Teague N Benfield Y Benton Y Black Y Bridges

Y Dempsey Y Dickson Y Dollar N Drenner N Dukes Y Ehrhart Y England
Epps N Everson Y Fleming N Floyd, H

Y Holt N Horne N Houston N Howard Y Hudson Y Hugley N Jackson Y Jacobs N James N Jamieson N Jenkins

Y Martin Y Maxwell N May
McCall Y McKillip N Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris

N Scott, M Y Sellier E Setzler Y Shaw N Sheldon
Shipp Y Sims, B
Sims, C Y Sims, F
Sinkfield N Smith, B

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Y Brooks Y Bruce E Bryant N Buckner Y Burkhalter Y Burns Y Butler N Byrd Y Carter, A Y Carter, B N Casas E Chambers Y Channell Y Cheokas N Coan Y Cole Y Coleman E Collins
Cooper N Cox Y Crawford, M Y Crawford, R Y Davis, H N Davis, S Y Day

Y Floyd, J Fludd
E Forster N Franklin Y Frazier E Freeman N Gardner Y Geisinger Y Glanton Y Golick Y Gordon N Graves N Greene Y Hamilton Y Hanner Y Harbin N Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree E Henson N Hill, C
Hill, C.A E Holmes

N Jerguson Y Johnson, C Y Johnson, T Y Jones, J
Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox N Lakly N Lane, B Y Lane, R Y Levitas N Lewis Y Lindsey Y Lord N Loudermilk
Lucas Lunsford Y Maddox Mangham E Manning Y Marin

N Mosby Y Mumford N Murphy Y Neal Y Nix N Oliver Y O'Neal N Parham Y Parrish N Parsons Y Peake
Porter Y Powell
Pruett Y Ralston N Randall Y Reece N Reese Y Rice N Roberts Y Rogers N Royal N Rynders N Sailor Y Scott, A

Y Smith, L Y Smith, R E Smith, T Y Smith, V Y Smyre Y Stanley-Turner E Starr Y Stephens N Stephenson Y Talton Y Teilhet N Thomas, A.M Y Thomas, B
Tumlin N Walker Y Watson Y Wilkinson
Willard Williams, A N Williams, E N Williams, M Y Williams, R Y Wix E Yates Richardson, Speaker

On the passage of the Bill, the ayes were 95, nays 50.

The Bill, having received the requisite constitutional majority, was passed.

SB 235. By Senators Grant of the 25th and Seabaugh of the 28th:

A BILL to be entitled an Act to amend Code Section 42-5-35 of the Official Code of Georgia Annotated, relating to the conferral of police powers by the commissioner of the Department of Corrections, so as to provide that certified correctional employees of the Department of Corrections who leave the department under certain conditions may retain their badges; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read:

A BILL

To amend Code Section 42-5-35 of the Official Code of Georgia Annotated, relating to the conferral of police powers by the commissioner of the Department of Corrections, so as to provide that certified correctional employees of the Department of Corrections who leave the department under certain conditions may retain their badges; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 42-5-35 of the Official Code of Georgia Annotated, relating to the conferral of police powers by the commissioner of the Department of Corrections, is amended by adding a new subsection to read as follows:
"(c) Correctional employees leaving the service of the department under honorable conditions who have accumulated 25 or more years of service with the department as a certified peace officer or who are killed in the line of duty shall be entitled as part of such employee's compensation to retain his or her department issued badge or have such badge given to his or her surviving family member. If a correctional employee serving in a certified position leaves the service of the department due to a disability that arose in the line of duty and the disability prevents the employee from working as a law enforcement officer, then the employee shall be entitled as part of such employee's compensation to retain his or her department issued badge regardless of his or her number of years of service with the department. The board is authorized to promulgate rules and regulations for the implementation of this subsection."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and withdrawn:
Representative Scott of the 153rd moves to amend the Committee substitute to SB 235 as follows:
After Section 1 add:
SECTION 2. Said article is further amended by revising subsection (a) of Code Section 42-5-61, relating to services and benefits to be furnished inmates discharged by department or county correctional institutions, as follows:
"(a) Except as otherwise provided in this Code section, whenever an inmate is discharged upon pardon or completion of his sentence or is conditionally released or paroled from any place of detention to which he has been assigned under the authority of the department, the department shall provide the inmate the following:
(1) Transportation to the inmate's home within the United States or to a place chosen by the inmate and authorized by regulations of the board; (2) An amount of money of not less than $25.00 and not more than $150.00, as determined according to regulations of the board; and (3) A travel kit, when appropriate, and suitable clothing, each as provided by regulation of the board; and

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(4) A personal identification card, at no charge to the inmate, similar to the identification card authorized under Code Section 40-5-100."

Renumber sections accordingly.

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 Abrams Y Amerson Y Ashe E Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce E Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman E Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson
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 Y Frazier E Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree
Henson Y Hill, C
Hill, C.A E Holmes

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J
Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox
Mangham E Manning Y Marin

Y Martin Y Maxwell Y May
McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix
Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Scott, M Y Sellier E Setzler Y Shaw Y Sheldon
Shipp Y Sims, B
Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R E Smith, T Y Smith, V Y Smyre Y Stanley-Turner E Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard
Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix E Yates
Richardson, Speaker

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2691

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 Ehrhart of the 36th moved that the following Bill and Resolution of the Senate be withdrawn from the Rules Calendar and recommitted to the Committee on Rules:
SB 200. By Senators Grant of the 25th and Thompson of the 33rd:
A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for a comprehensive program for the creation of infrastructure development districts; 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.
SR 309. By Senators Grant of the 25th and Thompson of the 33rd:
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 motion prevailed.
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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 161 Do Pass, by Substitute

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Respectfully submitted, /s/ Bridges of the 10th
Chairman
Representative Jamieson of the 28th gave notice that at the proper time she would move that the House reconsider its action in giving the requisite constitutional majority to SB 95.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 247. By Representatives Smith of the 113th, Shaw of the 176th, Roberts of the 154th, Stephens of the 164th, England of the 108th 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 change certain provisions relating to acquisition and construction of water and sewage systems; to prohibit counties, municipalities, and local authorities from requiring connection with or use of water supplied by a public water system except when other water is unfit; to prohibit charges or fees for services made available but not used; to provide for applicability; to provide for exceptions; to repeal conflicting laws; and for other purposes.
The following Senate amendment was read:
The Senate moves to amend HB 247 (LC 25 4836S) by inserting after "not used;" on line 5 of page 1 the following:
to change certain provisions relating to additional grant certification requirements with respect to subrecipients and units of local government;
By inserting after Section 2 the following:
SECTION 2A. Said title is further amended in Code Section 36-81-8.1, relating to additional grant certification requirements with respect to subrecipients and units of local government, by revising subsection (f) as follows: "(f) No subrecipient shall be considered an agent of the unit of local government or be indemnified or held harmless by the unit of local government for any negligence, misfeasance, or malfeasance of the subrecipient, and a recipient unit of local government shall not be liable for any expenditure of state grant funds by a subrecipient, whether such funds were received prior to, on, or after the effective date of this subsection."

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2693

Representative Smith of the 113th moved that the House disagree to the Senate amendment to HB 247.

Representative Thomas of the 55th moved that the House agree to the Senate amendment to HB 247.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams N Amerson Y Ashe E Barnard N Bearden Y Beasley-Teague Y Benfield N Benton N Black N Bridges Y Brooks Y Bruce E Bryant N Buckner N Burkhalter N Burns N Butler N Byrd N Carter, A N Carter, B N Casas
Chambers N Channell N Cheokas
Coan N Cole N Coleman E Collins N Cooper N Cox N Crawford, M Y Crawford, R Y Davis, H N Davis, S N Day

N Dempsey N Dickson N Dollar Y Drenner Y Dukes
Ehrhart N England Y Epps N Everson N Fleming Y Floyd, H N Floyd, J
Fludd E Forster N Franklin Y Frazier E Freeman Y Gardner Y Geisinger N Glanton N Golick Y Gordon N Graves N Greene N Hamilton N Hanner N Harbin N Hatfield N Heard, J Y Heard, K E Heckstall N Hembree
Henson N Hill, C
Hill, C.A E Holmes

N Holt N Horne N Houston Y Howard Y Hudson Y Hugley Y Jackson N Jacobs Y James N Jamieson N Jenkins N Jerguson N Johnson, C Y Johnson, T N Jones, J
Jones, S Y Jordan Y Kaiser N Keen N Keown N Knight N Knox N Lakly N Lane, B N Lane, R N Levitas N Lewis Y Lindsey
Lord Loudermilk Lucas Y Lunsford N Maddox Mangham E Manning Y Marin

N Martin N Maxwell N May
McCall N McKillip N Meadows N Millar N Mills Y Mitchell E Morgan N Morris Y Mosby N Mumford
Murphy N Neal N Nix Y Oliver N O'Neal N Parham N Parrish N Parsons N Peake Y Porter
Powell N Pruett N Ralston Y Randall N Reece N Reese N Rice N Roberts N Rogers N Royal N Rynders Y Sailor N Scott, A

N Scott, M Sellier
E Setzler N Shaw N Sheldon
Shipp N Sims, B N Sims, C
Sims, F Y Sinkfield N Smith, B N Smith, L N Smith, R E Smith, T N Smith, V Y Smyre Y Stanley-Turner E Starr N Stephens Y Stephenson N Talton Y Teilhet Y Thomas, A.M Y Thomas, B N Tumlin N Walker Y Watson Y Wilkinson Y Willard
Williams, A Y Williams, E N Williams, M N Williams, R Y Wix E Yates
Richardson, Speaker

On the motion, the ayes were 46, nays 101.

The motion was lost.

The House has disagreed.

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Due to a mechanical malfunction, the vote of Representative Henson of the 87th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.
The following Resolutions of the House were read and adopted:
HR 829. By Representatives Porter of the 143rd, Buckner of the 130th, Hugley of the 133rd, Ashe of the 56th, Benfield of the 85th and others:
A RESOLUTION honoring the memory of Honorable Ogden Doremus and expressing regret at his passing; and for other purposes.
HR 830. By Representatives Reese of the 98th and Coan of the 101st:
A RESOLUTION recognizing and commending Himali Patel; and for other purposes.
HR 831. By Representatives Holmes of the 61st, Bruce of the 64th, Mosby of the 90th, Marin of the 96th, Shipp of the 58th and others:
A RESOLUTION commending Reverend Marvin A. Moss; and for other purposes.
HR 832. By Representatives Holmes of the 61st, Bruce of the 64th, Mosby of the 90th, Marin of the 96th, Shipp of the 58th and others:
A RESOLUTION commending the Kennedy-Gregory family; and for other purposes.
HR 833. By Representatives Fludd of the 66th, Mosby of the 90th, Watson of the 91st, Abdul-Salaam of the 74th, Thomas of the 100th and others:
A RESOLUTION commending Emily Schunior; and for other purposes.
HR 834. By Representatives Reese of the 98th, Dollar of the 45th, Scott of the 2nd, Talton of the 145th, Geisinger of the 48th and others:
A RESOLUTION commending Myke'la Lee Lewis on her outstanding achievements; and for other purposes.
HR 835. By Representative Floyd of the 147th:
A RESOLUTION commending Philip Ray; and for other purposes.

MONDAY, APRIL 16, 2007

2695

HR 836. By Representative Floyd of the 147th:
A RESOLUTION commending Mark Ray; and for other purposes.
HR 837. By Representatives Mosby of the 90th, Morgan of the 39th, Brooks of the 63rd, Williams of the 165th, Frazier of the 123rd and others:
A RESOLUTION commending the Reverend Charles Lee White, Jr.; and for other purposes.
HR 838. By Representatives Lindsey of the 54th, Jacobs of the 80th, Wilkinson of the 52nd, Geisinger of the 48th and Ashe of the 56th:
A RESOLUTION honoring the memory of Lelia Kelly and expressing sympathy at her passing; and for other purposes.
HR 839. By Representative Scott of the 153rd:
A RESOLUTION commending Lounell B. Jensen; and for other purposes.
HR 840. By Representative Scott of the 153rd:
A RESOLUTION recognizing and commending William (Bill) E. Tucker; and for other purposes.
HR 841. By Representative Everson of the 106th:
A RESOLUTION commending Kathi Clotfelter; and for other purposes.
HR 842. By Representative Everson of the 106th:
A RESOLUTION commending Lisa Platt; and for other purposes.
HR 843. By Representative Parrish of the 156th:
A RESOLUTION recognizing and commending the members of the Citizens Bank of Swainsboro 2006-2007 Advisory Board; and for other purposes.
HR 844. By Representatives Carter of the 159th, Gordon of the 162nd, Day of the 163rd, Stephens of the 164th and Jackson of the 161st:
A RESOLUTION expressing regret at the passing of Colonel Joseph Bodell Bergen; and for other purposes.

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HR 845. By Representatives Carter of the 159th, Yates of the 73rd, Wilkinson of the 52nd, Holt of the 112th and Cheokas of the 134th:
A RESOLUTION commending the airborne forces of the United States Armed Forces and designating August 16, 2007, as "Airborne Heritage Day"; and for other purposes.
HR 846. By Representative Ralston of the 7th:
A RESOLUTION recognizing and commending educator Tony Guisasola; and for other purposes.
HR 847. By Representatives Rogers of the 26th, Mills of the 25th, Collins of the 27th and Benton of the 31st:
A RESOLUTION expressing sympathy at the passing of Benjamin Hill Carter, Sr.; and for other purposes.
HR 848. By Representative Benton of the 31st:
A RESOLUTION honoring and remembering the life of Lewis William Shirley; and for other purposes.
HR 849. By Representatives Cheokas of the 134th and Hanner of the 148th:
A RESOLUTION honoring and remembering the life of Mr. Thomas Everette McLeod; and for other purposes.
HR 850. By Representatives Crawford of the 127th, Coleman of the 97th, Richardson of the 19th, Burkhalter of the 50th, Keen of the 179th and others:
A RESOLUTION commending Susan Gordon; 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 366. By Representatives Bearden of the 68th, Meadows of the 5th and Tumlin of the 38th:
A BILL to be entitled an Act to amend Code Section 30-4-2, relating to right to equal public accommodations and to be accompanied by guide or service dog, so as to provide that every person engaged in the raising of a dog for training as a guide or service dog shall have the right to be accompanied by

MONDAY, APRIL 16, 2007

2697

such dog in the same manner as a totally or partially blind, deaf, or physically disabled person under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Representative Bearden of the 68th moved that the House insist on its position in disagreeing to the Senate substitute to HB 366 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Bearden of the 68th, Ralston of the 7th and Roberts of the 154th.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 851. By Representatives Neal of the 1st and Scott of the 2nd:
A RESOLUTION recognizing and commending the LaFayette High School wrestling team 2007 AA State Tournament Champions and inviting them to appear before the House of Representatives; and for other purposes.
HR 852. By Representatives Graves of the 12th, Coleman of the 97th, Richardson of the 19th, Burkhalter of the 50th, Keen of the 179th and others:
A RESOLUTION inviting Susan Gordon to appear before the House of Representatives; and for other purposes.
HR 853. By Representatives Lindsey of the 54th, Jacobs of the 80th, Thomas of the 55th, Wilkinson of the 52nd, Geisinger of the 48th and others:
A RESOLUTION recognizing and commending the Buckhead Coalition for its support of the production of Ethanol fuel and cleaner air; and for other purposes.
HR 854. By Representatives Harbin of the 118th, Burkhalter of the 50th and Smith of the 113th:
A RESOLUTION commending and inviting Beverly Vaughn to appear before the House of Representatives; and for other purposes.

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The following Resolution of the House was read and referred to the Committee on Education:

HR 855. By Representative Dickson of the 6th:

A RESOLUTION recognizing and expressing support for civic education in our public schools; and for other purposes.

Representative Lewis of the 15th District, Chairman of the Committee on Energy, Utilities, and Telecommunications, submitted the following report:

Mr. Speaker:

Your Committee on Energy, 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 205 Do Pass, by Substitute

Respectfully submitted, /s/ Lewis of the 15th
Chairman

Representative Scott of the 153rd District, Chairman of the Committee on Governmental Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Governmental Affairs has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 71 SB 82 SB 174

Do Pass, by Substitute Do Pass, by Substitute Do Pass

SB 175 SB 193 SB 264

Do Pass Do Pass, by Substitute 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:

MONDAY, APRIL 16, 2007

2699

Mr. Speaker:
Your Committee on Health and Human Services 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 790 Do Pass SB 60 Do Pass
Respectfully submitted, /s/ Cooper of the 41st
Chairman
Representative Hembree of the 67th District, Chairman of the Committee on Higher Education, submitted the following report:
Mr. Speaker:
Your Committee on Higher Education 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 668 Do Pass SR 125 Do Pass, by Substitute
Respectfully submitted, /s/ Hembree of the 67th
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 and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 720 Do Pass, by Substitute SB 178 Do Pass, by Substitute
Respectfully submitted, /s/ Williams of the 4th
Chairman

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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 851 HR 852 HR 853

Do Pass Do Pass Do Pass

The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:

HR 851. By Representatives Neal of the 1st and Scott of the 2nd:

A RESOLUTION recognizing and commending the LaFayette High School wrestling team 2007 AA State Tournament Champions and inviting them to appear before the House of Representatives; and for other purposes.

HR 852. By Representatives Graves of the 12th, Coleman of the 97th, Richardson of the 19th, Burkhalter of the 50th, Keen of the 179th and others:

A RESOLUTION inviting Susan Gordon to appear before the House of Representatives; and for other purposes.

HR 853. By Representatives Lindsey of the 54th, Jacobs of the 80th, Thomas of the 55th, Wilkinson of the 52nd, Geisinger of the 48th and others:

A RESOLUTION recognizing and commending the Buckhead Coalition for its support of the production of Ethanol fuel and cleaner air; and for other purposes.

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 17. By Senators Harp of the 29th, Unterman of the 45th, Hooks of the 14th, Mullis of the 53rd, Harbison of the 15th and others:

A BILL to be entitled an Act to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to authorize certain

MONDAY, APRIL 16, 2007

2701

optometrists to prescribe and administer oral and topical pharmaceutical agents related to the diagnosis or treatment of diseases and conditions of the eye and adnexa oculi except Schedule I and Schedule II controlled substances; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; 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.

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Representative Hall, Atlanta, Georgia
Tuesday, April 17, 2007
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
Due to medical reasons, Representative Jones of the 44th was excused on all votes on the previous legislative day.
Prayer was offered by Captain Joshua Payne, Chaplin, Robins Air Force Base Chapel, Robins Air Force Base, Georgia.
The members pledged allegiance to the flag.
Representative Lakly of the 72nd, 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 850. By Representatives Day of the 163rd, Bearden of the 68th, Stephens of the 164th and Carter of the 159th:

TUESDAY, APRIL 17, 2007

2703

A BILL to be entitled an Act to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to a license to carry a pistol or revolver and temporary renewal permits, so as to require permits to be issued more quickly; to provide legislative findings; to provide for temporary permits for initial applicants when permits are delayed without cause; to provide for the return of application fees under certain circumstances where permits are not timely issued; 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 851. By Representatives Peake of the 137th, Martin of the 47th, Royal of the 171st, Stephens of the 164th, Parrish of the 156th and others:
A BILL to be entitled an Act to amend Code Section 48-7-29.8 of the Official Code of Georgia Annotated, relating to income tax credits for the certified rehabilitation of historic structures, so as to change the method of calculation of the tax credit; to remove the cap on the amount of credits; to authorize the transfer or assignment of tax credits under certain circumstances; to provide that proceeds received by the taxpayer for the assignment or sale of tax credits shall be exempt from taxation as income; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 852. By Representative Carter of the 159th:
A BILL to be entitled an Act to amend an Act providing a homestead exemption from Effingham County School District ad valorem taxes of $10,000.00 for residents of said district who are 65 years of age or over, approved March 20, 1990 (Ga. L. 1990, p. 4035), so as to increase the amount of the exemption; 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 Intragovernmental Coordination - Local.
HB 853. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act to create an amended charter for the Town of Willacoochee, in the County of Atkinson, and to

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reincorporate said town as a city, and define its territorial limits, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 3039), as amended, so as to deannex certain property from the corporate limits; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 854. By Representative Lunsford of the 110th:
A BILL to be entitled an Act to amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to general powers and duties of the Secretary of State, so as to require labor organizations to file annual financial reports with the Secretary of State; to provide for legislative intent and findings; to provide for definitions; to require certain submissions by labor organizations to the Secretary of State; to provide for 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 rules and regulations; to provide for violations; to provide for civil actions; to provide for an exception; to amend Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest for public officers and employees, so as to prohibit state funds going to organizations which lobby the state; 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 828. By Representatives Roberts of the 154th, England of the 108th, May of the 111th and Ehrhart of the 36th:
A RESOLUTION creating the House Study Committee on Interstate Gas Capacity Planning; and for other purposes.
Referred to the Committee on Rules.
HR 856. By Representative Sims of the 169th:
A RESOLUTION proposing an amendment to the Constitution so as to provide for the length of legislative sessions; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Governmental Affairs.

TUESDAY, APRIL 17, 2007

2705

By unanimous consent, the following Bills and Resolutions of the House were read the second time:

HB 836 HB 837 HB 838 HB 839 HB 840 HB 841 HB 842 HB 843

HB 844 HB 845 HB 846 HB 849 HR 791 HR 825 HR 827

Representative Rynders of the 152nd District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

Your Committee on Intragovernmental Coordination - 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 776 HB 827 HB 828

Do Pass, by Substitute Do Pass Do Pass

HB 830 HB 834 HB 847

Do Pass Do Pass 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:

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 94 Do Pass, by Substitute

Respectfully submitted, /s/ Willard of the 49th
Chairman

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JOURNAL OF THE HOUSE

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 1 SB 40

Do Pass, by Substitute Do Pass, by Substitute

SB 249 Do Pass SB 272 Do Pass, by Substitute

Respectfully submitted, /s/ Ralston of the 7th
Chairman

Representative Day of the 163rd District, Chairman of the Committee on Public Safety and Homeland Security, submitted the following report:

Mr. Speaker:

Your Committee on Public Safety and Homeland Security 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 202 Do Pass SB 290 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 TUESDAY, APRIL 17, 2007

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 38th Legislative Day as enumerated below:

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SR 68 SR 87
SR 357

UNCONTESTED HOUSE/SENATE RESOLUTIONS
William H. "Sonny Boy" Skipper Maintenance Headquarters; dedicate (SI&P-Lane-167th) Williams-19th Human Resources, Dept.; urged to name district health office building at Northwest Georgia Regional Hospital in honor of Dr. Raymond F. Corpe (SI&P-Reece-11th) Smith-52nd Major Byron S. McGuire, Sr. Memorial Bridge; dedicating (Substitute)(Trans-O`Neal-146th) Whitehead, Sr.-24th

Open Rule

DEBATE CALENDAR

SB 34 SB 38 SB 49
SB 62 SB 72
SB 87
SB 98
SB 101 SB 116 SB 131 SB 146 SB 149 SB 157

Penal Institutions; possession of photograph of victims by certain persons confined; prohibit (Substitute)(JudyNC-Mills-25th) Williams-19th Motor Vehicles; registration of a vehicle; require driver's license/identification card (MotV-Rice-51st) Rogers-21st Labor, Dept. of; transfer of Rehabilitation Services; provide delivery of certain services/techniques to deaf-blind individual (IndR-Howard-121st) Thomas-2nd Georgia Crime Information Center; provide certain conditions for requesting criminal history records (JudyNC-Neal-1st) Mullis-53rd Quality Basic Education Act; authorize the employment of school administrative managers to conduct the financial/business affairs (Substitute)(Ed-Jones-46th) Williams-19th Highway System; Dept. of Transportation; RV friendly markers on specific service signs for business establishments (Trans-Stephens-164th) Pearson51st Crimes/Offenses; Georgia Bureau of Investigation investigate certain offenses against minors, including subpoena power (Substitute)(JudyNCRalston-7th) Hamrick-30th Agricultural Facilities; redefine a term (Judy-Lindsey-54th) Tolleson-20th State Forestry Commission; qualifications of the director; change provisions (NR&E-Cole-125th) Tolleson-20th Subsequent Injury Trust Fund; payment of assessments; change certain provisions (IndR) Hudgens-47th Public Works Bidding; provide definitions; advertisement of contract opportunities (Substitute)(SI&P-Lewis-15th) Seabaugh-28th Probate Court of Floyd County; office of judge; nonpartisan elections (IGC-Dempsey-13th) Smith-52nd Gasoline Additives; provide for grants; E-85 gasoline for retail sale; define certain terms (Substitute)(NR&E-Smith-70th) Tolleson-20th (Substitute)

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SB 165 SB 177 SB 203 SB 220
SB 237
SB 275 SB 282

Agricultural Commodity Commissions; ratification of commissions; change certain provisions (A&CA-McCall-30th) Bulloch-11th Superior Courts; Pike County in Griffin Circuit; change certain terms of court (Judy-Crawford-16th) Chance-16th Secondary Metals Recyclers; public utilities/transportation; increased penalties (Substitute)(JudyNC-Bearden-68th) Harp-29th Warehousemen; agricultural warehouse receipt requirements, obtaining printed forms, electronic receipts; change provisions (A&CA-Dempsey13th) Bulloch-11th Architecture; establish minimum training requirements to qualify for certification; Georgia State Board of Architects and Interior Designers (Substitute)(RegI-Heard-104th) Johnson-1st Agriculture Commissioner; provide a date certain for rules/regulations to establish criminal violations (A&CA-Burns-157th) Bulloch-11th Highway System; alternative tourism routes; creation (Substitute)(TransNeal-1st) Mullis-53rd

Modified Open Rule

None

Modified Structured Rule

SB 79
SB 139 SB 182

Criminal Attempt; increase maximum punishment for convictions; felonies punishable by death/life imprisonment (JudyNC-Bearden-68th) Hamrick30th Georgia Public Defender Standards Council; transfer from judicial branch to executive branch (JudyNC-Ralston-7th) Wiles-37th Torts; asbestos/silica claims; change provisions (Substitute)(JudyNCRalston-7th) Wiles-37th

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

TUESDAY, APRIL 17, 2007

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By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 776. By Representatives Dempsey of the 13th, Reece of the 11th, Loudermilk of the 14th and Crawford of the 16th:
A BILL to be entitled an Act to amend an Act providing for the filling of vacancies in the membership of the Hospital Authority of Floyd County, approved March 1, 1973 (Ga. L. 1973, p. 2057), as amended, so as to change certain provisions relating to the manner of filling such vacancies; 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 an Act providing for the filling of vacancies in the membership of the Hospital Authority of Floyd County, approved March 1, 1973 (Ga. L. 1973, p. 2057), as amended, so as to change certain provisions relating to the manner of filling such vacancies; 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. An Act providing for the filling of vacancies in the membership of the Hospital Authority of Floyd County, approved March 1, 1973 (Ga. L. 1973, p. 2057), as amended, is amended by inserting a new Section 1 as follows:
"SECTION 1. Except as provided in Section 2 of this Act, each vacancy occurring in the membership of the Hospital Authority of Floyd County shall be filled by a person selected by the Floyd County Grand Jury meeting next following the occurrence of such vacancy. The hospital authority shall nominate one candidate for each such vacancy and submit the name of the candidate to the Board of Commissioners of Floyd County for its approval. Following the approval of the candidate by the county commissioners, the hospital authority shall submit to the foreman of the grand jury the name of the candidate and a certified statement of the chairman of the hospital authority indicating the board of commissioners has approved the nomination. The grand jury shall then either accept or reject the candidate by a majority vote. The foreman of the grand jury shall notify the chairman of the hospital authority of its decision. Should the grand jury reject the initial or subsequent candidates, then the hospital authority shall continue to submit

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another candidate for the grand jury's consideration in the same manner provided for the initial candidate until a candidate has been accepted. In the event a grand jury fails to fill a vacancy, the next succeeding grand jury shall fill such vacancy in the manner provided in this section."
SECTION 2. Said Act is further amended by revising Section 2 as follows:
"SECTION 2. One member of the hospital authority shall be a member of the Board of Commissioners of Floyd County. Such member shall be selected by the board of commissioners from its own membership. The member so selected shall remain a member of the hospital authority during his or her term of office as a commissioner. Successors to such member shall likewise be selected by the board of commissioners from its own membership, and any vacancy occurring in the office of such member shall be filled by the board of commissioners in the same manner. In the event any such member ceases to be a member of the board of commissioners for any reason, he or she shall also cease to be a member of the hospital authority, and the vacancy thus created shall be filled as herein provided."
SECTION 3. Said Act is further amended by inserting a new Section 3 as follows:
"SECTION 3. Any member of the hospital authority who is in office on the effective date of this Act or any person selected to fill a vacancy in such office whose term of office would normally expire on December 31, 2008, shall continue to serve until such time as he or she is replaced by a member of the Board of Commissioners of Floyd County selected in the manner provided in Section 2 of this Act, and all future vacancies in such office shall be filled in the manner provided in Section 2 of this Act."
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.
HB 827. By Representative Graves of the 12th:

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2711

A BILL to be entitled an Act to amend an Act establishing the board of elections and registration for Pickens County, approved April 13, 2001 (Ga. L. 2001, p. 3598), so as to change provisions relating to the terms of office and composition of its members; to change provisions relating to meetings of the board; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 828. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to provide that Banks County shall be located within the North Georgia Technical College service delivery area; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 830. By Representatives Reese of the 98th and Mills of the 25th:
A BILL to be entitled an Act to authorize the City of Buford 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 834. By Representatives Knox of the 24th, Hamilton of the 23rd and Amerson of the 9th:
A BILL to be entitled an Act to amend the Forsyth County Civil Service System Act creating the Forsyth County Civil Service System, approved March 13, 1978 (Ga. L. 1978, p. 3572), as amended, particularly by an Ordinance and Resolution adopted by the Board of Commissioners of Forsyth County December 9, 1996 (Ga. L. 1997, p. 4701), so as to exempt employees of the Probate Court of Forsyth County and Forsyth County PreTrial Services from the application of the Forsyth County Civil Service System; to provide an effective date; to repeal conflicting laws; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 847. 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.

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 Abrams Y Amerson Y Ashe E Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant Y Buckner Y Burkhalter Y Burns
Butler Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Cole Y Coleman Y Collins

Y Dempsey Y Dickson Y Dollar E Drenner
Dukes Y Ehrhart Y England
Epps Y Everson Y Fleming
Floyd, H Y Floyd, J
Fludd Forster Franklin Y Frazier E Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Harbin Y Hatfield Y Heard, J

Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C
Johnson, T Jones, J Jones, S Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord

Y Martin Y Maxwell
May Y McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy E Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon
Shipp Y Sims, B Y Sims, C Y Sims, F
Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Stanley-Turner E Starr Y Stephens Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Walker Watson Y Wilkinson Willard

TUESDAY, APRIL 17, 2007

2713

Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

E Heard, K E Heckstall
Hembree Henson Hill, C Hill, C.A E Holmes

Loudermilk Lucas Y Lunsford Y Maddox Y Mangham E Manning Marin

Y Rice Roberts Rogers
Y Royal Y Rynders
Sailor Scott, A

E Williams, A Y Williams, E Y Williams, M 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.

The roll was called and the following Representatives answered to their names:

Abdul-Salaam Abrams Amerson Ashe Barnard Bearden E Beasley-Teague Benfield Benton Black Bridges Brooks Bryant Buckner Burns Butler Carter, A Carter, B Casas Chambers Channell Cheokas Coan Cole Coleman Collins Cox Crawford, M Crawford, R

Davis, H Davis, S Day Dempsey Dickson Dollar E Drenner Dukes Ehrhart England Everson Fleming Floyd, J Fludd Franklin Frazier E Freeman Gardner Geisinger Glanton Golick Gordon Graves Greene Hamilton Hanner Hatfield Heard, J E Heckstall

E Holmes Holt Horne Houston Howard Hudson Hugley Jackson Jacobs James Jamieson Jenkins Johnson, C Johnson, T Kaiser Keen Keown Knight Knox Lane, B Lane, R Levitas Lewis Lindsey Lord Lunsford Maddox Mangham
E Manning

Martin Maxwell McCall McKillip Meadows Mills Mitchell E Morgan Morris Mosby Mumford Murphy Neal Nix Oliver O'Neal Parham Parrish Parsons Peake Porter Powell Pruett Ralston Randall Reece Reese Rice Roberts

Royal Rynders Scott, A Scott, M Sellier Setzler Shaw Sheldon Sims, B Sims, C Sims, F Smith, B Smith, L Smith, R Smith, V E Starr Stephens Talton Teilhet Thomas, B Tumlin Walker Wilkinson E Williams, A Williams, E Williams, M Williams, R Yates Richardson, Speaker

The following members were off the floor of the House when the roll was called:

Representatives Bruce of the 64th, Burkhalter of the 50th, Byrd of the 20th, Cooper of the 41st, Epps of the 128th, Floyd of the 99th, Forster of the 3rd, Harbin of the 118th, Heard of the 114th, Hembree of the 67th, Henson of the 87th, Hill of the 21st, Hill of the 180th, Jerguson of the 22nd, Jones of the 44th, Jones of the 46th, Jordan of the 77th,

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Lakly of the 72nd, Loudermilk of the 14th, Lucas of the 139th, Marin of the 96th, May of the 111th, Millar of the 79th, Rogers of the 26th, Shipp of the 58th, Sinkfield of the 60th, Smith of the 168th, Smyre of the 132nd, Stanley-Turner of the 53rd, Stephenson of the 92nd, Thomas of the 55th, Watson of the 91st, Willard of the 49th, and Wix of the 33rd.
They wish to be recorded as present.
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 322. By Senator Smith of the 52nd:
A BILL to be entitled an Act to amend an Act providing for the compensation of the members of the board of education of Floyd County, approved March 18, 1959 (Ga. L. 1959, p. 3203), as amended, so as to provide for the compensation of the members of such board of education; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 323. By Senators Unterman of the 45th, Balfour of the 9th and Cowsert of the 46th:
A BILL to be entitled an Act to authorize the City of Loganville 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 112. By Representatives McCall of the 30th and England of the 108th:
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 eliminate certain license fees; to change certain provisions relating to applications for licenses and permits relative to milk products, duration of licenses, renewal of licenses, and procedure for denial, revocation, or suspension of licenses; to change certain provisions relating to license requirements for cream testers; to change certain provisions relating to licenses for manufacture, bottling, and distribution of soft drinks, fees, and

TUESDAY, APRIL 17, 2007

2715

separate licenses for each business or bottling or manufacturing plant; to repeal conflicting laws; and for other purposes.
HB 139. By Representatives Willard of the 49th, Lindsey of the 54th, Lane of the 167th, Tumlin of the 38th, Oliver of the 83rd and others:
A BILL to be entitled an Act to amend Code Section 53-1-20 and Article 1 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating, respectively, to renouncing succession and to general provisions relative to descent and distribution, so as to correct a cross-reference; to provide for forfeiture of an intestate share of an estate under certain circumstances; to provide for definitions; to provide for notice of proceedings; to provide for an appointment of a guardian ad litem under certain circumstances; to provide for judicial proceedings and standard of proof; to change certain provisions relating to the rules of inheritance when a decedent dies without a will; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 327. By Representatives Williams of the 178th, Roberts of the 154th, Lane of the 167th, Keen of the 179th, May of the 111th and others:
A BILL to be entitled an Act to amend Article 7 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to setoff debt collection, so as to authorize a setoff of certain debts owed to public housing authorities; to change certain provisions relating to definitions; to provide for procedures, conditions, and limitations; to repeal conflicting laws; and for other purposes.
HB 523. By Representatives Burkhalter of the 50th, Willard of the 49th, Jones of the 46th, Rice of the 51st and Martin of the 47th:
A BILL to be entitled an Act to create the City of Johns Creek Public Buildings and 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, to contract payments to the authority 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 fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for the validation of bonds; to provide for

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the separate enactment of each provision of this Act; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 524. By Representatives Burkhalter of the 50th, Willard of the 49th, Jones of the 46th, Rice of the 51st and Martin of the 47th:
A BILL to be entitled an Act to create the City of Johns Creek Parks and Recreation Authority; to authorize such authority to acquire, construct, equip, maintain, and operate or contract for services to provide athletic and recreational centers, facilities, and areas, including, but not limited to, playgrounds, parks, hiking, camping, and picnicking areas and facilities, swimming and wading pools, lakes, tennis courts, athletic fields and courts, clubhouses, gymnasiums, auditoriums, youth centers, senior citizen centers, stadiums, performing arts centers, cultural centers, related buildings, golf courses, and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities; to acquire parking facilities and parking areas in connection therewith; to provide that bonds be validated as authorized by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law"; to provide for construction; to provide for personnel; to provide for conveyance of property upon dissolution; to repeal conflicting laws; and for other purposes.
HB 783. By Representative Ralston of the 7th:
A BILL to be entitled an Act to amend an Act creating the board of commissioners of Gilmer County, approved March 27, 1995 (Ga. L. 1995, p. 3824), as amended, so as to provide for staggered election of the members of the board of commissioners; to provide for continuation in office of the current chairperson and members of the board of commissioners; to provide for election and terms of office of successors; 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 Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 30. By Representative Chambers of the 81st:
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.

TUESDAY, APRIL 17, 2007

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HB 134. By Representatives England of the 108th, Heard of the 104th, Coan of the 101st and Benton of the 31st:
A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to bid bonds for public works bidding for local governments, so as to change certain provisions relating to cash in lieu of bid bonds and letters of credit; to change certain provisions relating to acceptable substitutes for bonds; to repeal conflicting laws; and for other purposes.
HB 136. By Representatives Coan of the 101st, Shaw of the 176th, O`Neal of the 146th, Rogers of the 26th, Millar of the 79th and others:
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.
HB 144. By Representatives Reese of the 98th, Coan of the 101st, Lunsford of the 110th, Johnson of the 37th and Forster of the 3rd:
A BILL to be entitled an Act to amend Chapter 47 of Title 43 and Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to used motor vehicle and used motor vehicle parts dealers and registration and licensing of motor vehicles, respectively, so as to change certain exceptions concerning the sale or advertising of used motor vehicles displayed or parked on property and the practice of curbstoning; to provide criminal penalties for violations; to provide for related matters; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 186. By Representatives Cole of the 125th, O`Neal of the 146th, Smith of the 129th, Golick of the 34th, Maddox of the 172nd 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 a five-year exemption regarding the sale of tangible personal property to, or used in or for the construction of, a new alternative fuel facility

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dedicated exclusively to the processing and production of ethanol, biodiesel, and butanol; to provide for definitions; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 208. By Representatives Jones of the 46th, Lindsey of the 54th, Chambers of the 81st, Talton of the 145th and Coan of the 101st:
A BILL to be entitled an Act to amend Code Section 20-2-86 of the Official Code of Georgia Annotated, relating to operation of school councils, so as to provide that the parent members make up a majority on the school council; to provide that the chairperson shall be a parent member; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 225. By Representatives Royal of the 171st, Golick of the 34th, Roberts of the 154th, Keen of the 179th, O`Neal of the 146th and others:
A BILL to be entitled an Act to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income for state income tax purposes, so as to change certain provisions regarding the deduction for contributions to certain college savings plans; to provide an effective date; to provide applicability; to repeal conflicting laws; and for other purposes.
HB 243. By Representatives Hembree of the 67th, Ehrhart of the 36th, Smith of the 113th, Knight of the 126th, Gardner of the 57th and others:
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 revise the definition of "eligible postsecondary institution"; to provide that enrollment in postsecondary courses at a branch of the Georgia Department of Technical and Adult Education will not count against the hourly caps for HOPE grants; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 313. By Representative Barnard of the 166th:
A BILL to be entitled an Act to amend Article 6 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to voluntary inmate labor programs, so as to clarify that the Georgia Correctional Industries Administration has authority to administer and manage certain inmate work programs and to publicize and invite employers to participate in such inmate

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work programs; to amend Code Section 42-10-4 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Correctional Industries Administration, so as to clarify that the administration has authority to administer, manage, and publicize certain inmate work programs; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 325. By Representative Hatfield of the 177th:
A BILL to be entitled an Act to amend an Act creating the Waycross and Ware County Industrial Development Authority, approved March 7, 1955 (Ga. L. 1955, p. 2840), as amended, so as to change certain provisions relating to issuance of revenue bonds by the authority; to repeal conflicting laws; and for other purposes.
HB 413. By Representatives Martin of the 47th, Geisinger of the 48th, Willard of the 49th and Jones of the 46th:
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.
HB 424. By Representatives Coan of the 101st, Reese of the 98th, Hamilton of the 23rd, Cox of the 102nd, Carter of the 159th 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, to provide for the dismissal of certain claims in which no hearing has been held after a certain time period; to increase the weekly wage amounts for compensation for total disability; to increase the maximum weekly benefit for compensation for temporary partial disability; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 451. By Representatives Lewis of the 15th, Stephens of the 164th, Parrish of the 156th and Watson of the 91st:
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 taxation, so as to provide for a program of tax refunds for companies creating certain tourism attractions; to provide for a short title; to define terms; to state legislative findings; to provide for conditions of eligibility and approval by the

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Department of Economic Development and a local government; to provide for agreements between that department and companies; to provide for regulations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 559. By Representatives Kaiser of the 59th, Sheldon of the 105th, Ashe of the 56th, Jones of the 46th, Thomas of the 55th and others:
A BILL to be entitled an Act to amend Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for teachers and other school personnel in elementary and secondary education, so as to provide for teachers and employees of charter schools to be considered employees for purposes of participating in the health insurance plans for teachers and other school personnel; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 748. By Representatives Reese of the 98th, Coleman of the 97th, Coan of the 101st and Sheldon of the 105th:
A BILL to be entitled an Act to authorize the City of Suwanee 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 Senate has passed as amended, by the requisite constitutional majority, the following bills of the House:
HB 233. By Representatives Ralston of the 7th, Mumford of the 95th, Bearden of the 68th, Oliver of the 83rd and Forster of the 3rd:
A BILL to be entitled an Act to amend Chapter 5 of Title 30 and Code Section 31-8-81 of the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons and definitions for the "Long-term Care Facility Resident Abuse Reporting Act," respectively, so as to revise the definition of the term "exploitation"; to change provisions relating to criminal penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 536. By Representatives Floyd of the 147th, Williams of the 178th, McCall of the 30th, Hatfield of the 177th, Graves of the 12th and others:

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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 provide that fines for excess weight should be based on the weight including the allowed variance; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:

SB 322. By Senator Smith of the 52nd:

A BILL to be entitled an Act to amend an Act providing for the compensation of the members of the board of education of Floyd County, approved March 18, 1959 (Ga. L. 1959, p. 3203), as amended, so as to provide for the compensation of the members of such board of education; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Intragovernmental Coordination - Local.

SB 323. By Senators Unterman of the 45th, Balfour of the 9th and Cowsert of the 46th:

A BILL to be entitled an Act to authorize the City of Loganville 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 Intragovernmental Coordination - Local.

Representative Jamieson of the 28th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the Senate:

SB 95.

By Senators Carter of the 13th, Adelman of the 42nd, Thomas of the 54th, Chance of the 16th and Seay of the 34th:

A BILL to be entitled an Act to amend Article 7 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to sale or distribution to, or possession by, minors of cigarettes and tobacco related objects, so as to make it unlawful to attempt to purchase cigarettes or tobacco related objects; to

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change certain provisions relating to sales from vending machines; to provide for related matters; to repeal conflicting laws; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam N Abrams N Amerson Y Ashe N Barnard N Bearden E Beasley-Teague Y Benfield N Benton Y Black N Bridges Y Brooks Y Bruce N Bryant Y Buckner N Burkhalter N Burns N Butler N Byrd N Carter, A N Carter, B N Casas N Chambers N Channell N Cheokas N Coan N Cole N Coleman N Collins
Cooper N Cox N Crawford, M N Crawford, R Y Davis, H N Davis, S Y Day

N Dempsey N Dickson N Dollar E Drenner Y Dukes N Ehrhart N England Y Epps N Everson N Fleming E Floyd, H N Floyd, J
Fludd Forster N Franklin Y Frazier E Freeman Gardner N Geisinger Y Glanton N Golick Y Gordon N Graves Y Greene N Hamilton N Hanner Harbin Y Hatfield N Heard, J N Heard, K E Heckstall N Hembree Y Henson N Hill, C Hill, C.A E Holmes

N Holt Y Horne Y Houston Y Howard N Hudson Y Hugley Y Jackson N Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C
Johnson, T N Jones, J
Jones, S Y Jordan Y Kaiser N Keen N Keown N Knight N Knox Y Lakly N Lane, B N Lane, R N Levitas Y Lewis N Lindsey Y Lord Y Loudermilk
Lucas N Lunsford N Maddox
Mangham E Manning Y Marin

N Martin N Maxwell
May N McCall Y McKillip Y Meadows N Millar N Mills N Mitchell E Morgan N Morris
Mosby N Mumford Y Murphy
Neal N Nix Y Oliver N O'Neal Y Parham Y Parrish Y Parsons N Peake Y Porter N Powell N Pruett N Ralston Y Randall Y Reece N Reese N Rice N Roberts
Rogers N Royal N Rynders
Sailor N Scott, A

N Scott, M N Sellier N Setzler Y Shaw N Sheldon Y Shipp N Sims, B N Sims, C Y Sims, F
Sinkfield Y Smith, B N Smith, L N Smith, R Y Smith, T N Smith, V
Smyre Stanley-Turner E Starr Y Stephens Stephenson N Talton Y Teilhet Y Thomas, A.M Y Thomas, B N Tumlin Y Walker Watson N Wilkinson Willard E Williams, A Y Williams, E N Williams, M N Williams, R Wix N Yates Richardson, Speaker

On the motion, the ayes were 55, nays 92.

The motion was lost.

The Speaker Pro Tem assumed the Chair.

The following members were recognized during the period of Morning Orders and addressed the House:

TUESDAY, APRIL 17, 2007

2723

Thomas of the 100th, Davis of the 109th, Buckner of the 130th, Smith of the 113th, Smith of the 129th, Benton of the 31st, and Meadows of the 5th.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 857. By Representatives Lunsford of the 110th, Keen of the 179th, Ehrhart of the 36th, Richardson of the 19th and O`Neal of the 146th:
A RESOLUTION commending J.T. Williams and inviting him 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 857 Do Pass
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 857. By Representatives Lunsford of the 110th, Keen of the 179th, Ehrhart of the 36th, Richardson of the 19th and O`Neal of the 146th:
A RESOLUTION commending J.T. Williams and inviting him to appear before the House of Representatives; and for other purposes.
Representative Scott of the 153rd District, Chairman of the Committee on Governmental Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 83 Do Pass, by Substitute
Respectfully submitted, /s/ Scott of the 153rd
Chairman
Representative Ehrhart of the 36th District, Chairman of the Committee on Rules, submitted the following report:

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Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 826 Do Pass
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 Senate were taken up for consideration and read the third time:
SB 157. By Senators Tolleson of the 20th, Meyer von Bremen of the 12th, Bulloch of the 11th, Williams of the 19th, Hill of the 4th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to gasoline additives, so as to provide for grants to persons to finance installing, replacing, and converting motor fuel storage equipment to facilitate storing and dispensing E-85 gasoline for retail sale; to define certain terms; to provide legislative findings and declarations; to provide for rules and regulations; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To provide for grants to persons to finance installing, replacing, and converting motor fuel storage equipment to facilitate storing and dispensing E-85 gasoline for retail sale; to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to establish such grant program under the department and pursuant to contract with the Georgia Environmental Facilities Authority; to define certain terms; to provide legislative findings and declarations; to provide for rules and regulations; to provide an effective date; to provide for a limited period; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.

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2725

Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, is amended by enacting a new Article 7 to read as follows:
"ARTICLE 7
50-8-170. (a) As used in this Code section, the term:
(1) 'Board' means the Board of Community Affairs. (2) 'Department' means the Department of Community Affairs. (3) 'E-85 gasoline' means a blend of ethanol and gasoline that by volume consists of not less than 70 percent nor more than 85 percent ethanol which meets the American Society of Testing and Materials (ASTM) D5798-99 Standard Specification for Fuel Ethanol for Automotive Spark-Ignition Engines. (4) 'E-85 project' means installing, replacing, or converting motor fuel storage and dispensing equipment at sites where motor fuel is stored and dispensed for retail sale such that the installed, replacement, or converted equipment shall be used exclusively for storing and dispensing E-85 gasoline for retail sale for a period of not less than five consecutive years. (5) 'Gasoline' has the meaning provided by Code Section 48-9-2. (6) 'Motor fuel' has the meaning provided by Code Section 48-9-2. (7) 'Motor fuel storage and dispensing equipment' means tanks, pumps, dispensers, pipes, hoses, tubes, lines, fittings, valves, filters, seals, covers, and other associated equipment used in storing and dispensing motor fuel for retail sale. (8) 'Retail sale' means the sale for consumption, and not for resale, at a retail outlet serving the motoring public. (b) The General Assembly finds and declares that facilitating E-85 projects through a program established by the department would return a substantial benefit to the state by promoting investment of private capital to provide improved air quality in this state through reduction of combustion of gasoline in motor vehicles; aid compliance with federal air quality standards; promote the use of alternative domestic fuels that reduce dependence on foreign petroleum supplies; and enable increased availability of motor fuels crucial to the state's economy, welfare, and public safety, which may be especially critical in times of natural disaster or international crisis. (c) The department shall establish a grant program to fund the costs of E-85 projects, subject to availability of funds. The department shall enter into an intergovernmental contract with the Georgia Environmental Facilities Authority for purposes of developing, implementing, and administering such program and disbursing any grant moneys thereunder, and the authority is authorized to and shall develop, implement, and administer such program and disburse any grant moneys subject to the following minimum criteria: (1) Each grant applicant shall submit a project plan that shall be subject to approval by the Georgia Environmental Facilities Authority;

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(2) A grant for any approved project shall not exceed $20,000.00 or 33 1/3 percent of the planned cost of the project, whichever is less, and the applicant shall be required to pay the remainder of the project cost. This paragraph shall not prohibit the applicant from using grants or loans from federal government or private sources to pay for such remainder of the project cost; (3) Construction for any approved project shall begin not later than six months after the date of the grant; (4) Any approved project shall be completed not later than one year after the date of the grant; (5) A project shall be used for the purposes and period required for such project as specified in paragraph (4) of subsection (a) of this Code section; and (6) Grant money for a project shall be refunded to the state with interest at the legal rate not later than two years after any failure to meet the requirements of paragraph (3), (4), or (5) of this subsection. (d) The Georgia Environmental Facilities Authority shall adopt such rules and regulations as are reasonable and necessary to implement and administer the grant program established under this Code section. (e) No grants shall be made under this Code section on or after July 1, 2009."

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 Abrams N Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant

Y Dempsey Y Dickson Y Dollar E Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H
Floyd, J Fludd Forster

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T

Y Martin Y Maxwell
May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy

N Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F
Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T

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2727

Y Buckner Burkhalter
Y Burns Y Butler
Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

N Franklin Y Frazier E Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon E Graves Y Greene Y Hamilton
Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A E Holmes

Y Jones, J Jones, S
Y Jordan Y Kaiser Y Keen Y Keown E Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas
Lunsford Y Maddox Y Mangham E Manning Y Marin

Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers
Royal Y Rynders
Sailor Y Scott, A

Y Smith, V Y Smyre Y Stanley-Turner E Starr
Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard E Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Yates Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 146, nays 3.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Floyd of the 147th, Jones of the 44th, 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 Speaker assumed the Chair.

SR 68. By Senator Williams of the 19th:

A RESOLUTION to dedicate the William H. "Sonny Boy" Skipper Maintenance Headquarters; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution was agreed to.

SR 87.

By Senators Smith of the 52nd, Thomas of the 54th, Mullis of the 53rd, Pearson of the 51st and Heath of the 31st:

A RESOLUTION urging the Georgia Department of Human Resources to name the district health office building to be built at Northwest Georgia

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Regional Hospital in honor of Dr. Raymond F. Corpe; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution was agreed to.
SR 357. By Senator Whitehead, Sr. of the 24th:
A RESOLUTION honoring the life of Major Byron S. McGuire, Sr., and dedicating a bridge in his honor; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Dedicating certain portions of the state highway system; and for other purposes.
PART I WHEREAS, Major McGuire was born February 6, 1920, in Tampa, Florida, and died on September 9, 1992, in Appling County, Georgia; and
WHEREAS, he received his pilot's wings at Bush Field in Augusta, Georgia, when he was only 21 years of age, and served his country in the Army Air Corps; and
WHEREAS, he completed six circumnavigations of the world; and
WHEREAS, he flew in North Africa during World War II and also flew judges in and out of Berlin during the Nuremberg trials; and
WHEREAS, Major McGuire flew the first plane into Goose Bay, Labrador, where there was no runway; and
WHEREAS, he was the first pilot to land a four-engine plane at the North Pole; and
WHEREAS, he was promoted to the rank of Major at the age of 31 and retired at 33 after suffering a severe heart attack; and
WHEREAS, he returned to Georgia in 1958 after serving as a city councilman in North Miami Beach, Florida; and
WHEREAS, it is only fitting that this courageous soldier and pilot be honored with a lasting memorial for his service to his country.

TUESDAY, APRIL 17, 2007

2729

PART II WHEREAS, the late L. M. Moye, Jr., was a distinguished citizen and resident of Stewart County, Georgia, for the majority of his lifetime; and
WHEREAS, he was affectionately known in and around Stewart County during his lifetime as "Red" Moye and made substantial civic and community contributions to the State of Georgia, and County of Stewart; and
WHEREAS, he was a graduate of the Georgia Institute of Technology and served his country in World War II as a U.S. Navy Lt. Commander during the North African Campaign, as well as performing active duty military service at Sicily, Anzio, Palermo, and Normandy; and
WHEREAS, L. M. Moye, Jr., was awarded and decorated with the Purple Heart as a result of his military service to the United States of America; and
WHEREAS, among his achievements and contributions in the areas of historic preservation, he was an original founder and assisted with the early stewardship of Westville Village, and donated land and otherwise worked to establish and promote the Singer-Moye Indian Mounds so that both of these museums could be enjoyed in perpetuity; and
WHEREAS, he helped to establish the Stewart County Fire Unit of the Georgia Forestry Commission, served as Stewart County's District Supervisor on the Lower Chattahoochee Soil and Water Conservation Board, and also served a term as State President; and
WHEREAS, L. M. Moye, Jr., served his community in various capacities as a volunteer, including service as a Little League and Pony League baseball coach, Cub Scout leader, and member of Cuthbert Presbyterian Church; and
WHEREAS, he established and maintained a home in Stewart County with his wife, Sue McLendon Moye, whom he married in 1945, and together they raised two sons, Andrew J. Moye, III, and Matthew M. Moye, on the family homeplace located three miles south of Lumpkin, Georgia, on the family plantation which has been owned by the family since 1853; and
WHEREAS, the Moye home located in Stewart County was built in 1836 and remains in excellent condition due to the stewardship of L. M. Moye, Jr., and his spouse, who still resides in the home; and
WHEREAS, L. M. Moye, Jr., employed his personal motto to "leave the place in better shape than you found it" in various aspects of his life, including his work and his support of historic preservation efforts; and

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WHEREAS, the Board of Commissioners of Stewart County deems it fitting and appropriate to honor the achievements and contributions of the late L. M. "Red" Moye, Jr., by designating a permanent public memorial near his homeplace.
PART III WHEREAS, Eddie Wiggins will soon be stepping down as the chairman of the 21st Century Partnership; and
WHEREAS, he was a founding father of the partnership in 1993 and has served as chairman since 1999; and
WHEREAS, normally a chairman serves a two-year term, but Eddie Wiggins remained as chairman due to repeated requests from the community and his absolute passion for Robins Air Force Base and Middle Georgia; and
WHEREAS, Eddie Wiggins successfully guided Robins Air Force Base and the community through many challenging issues including reduced budgets, privatization threats, lack of adequate on-base and off-base housing, and lack of medical participation in the TRICARE program; and
WHEREAS, since 1993, Robins Air Force Base has grown from about 18,000 to 27,000 personnel, increased its economic impact on Georgia from $2.3 billion to $4.2 billion, and survived three base closure and realignment rounds; and
WHEREAS, Eddie Wiggins is known nationally as Middle Georgia's Mr. Air Force, and he deserves recognition for dedicating his heart and soul to Robins Air Force Base and the airmen who serve our great country so proudly.
PART IV NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on SR 104 at Keg Creek, in Columbia County, be dedicated as the Major Byron S. McGuire, Sr. Memorial Bridge.
BE IT FURTHER RESOLVED that the members of this body dedicate the bridge over Pataula Creek on US 27 in Stewart County be dedicated as the L. M. Moye, Jr. Memorial Bridge.
BE IT FURTHER RESOLVED that the members of this body dedicate the Russell Parkway bridge over SR 247 in Houston County as the Eddie Wiggins Bridge.
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.

TUESDAY, APRIL 17, 2007

2731

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 Major Byron S. McGuire, Sr., to the family of L. M. Moye, Jr., and to Eddie Wiggins.

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler
Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson Y Dollar E Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J
Fludd Y Forster
Franklin Y Frazier E Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon E Graves Y Greene Y Hamilton
Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A E Holmes

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins
Jerguson Y Johnson, C Y Johnson, T Y Jones, J
Jones, S Y Jordan Y Kaiser Y Keen Y Keown E Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Martin Y Maxwell
May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy
Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter
Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F
Sinkfield Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Smyre Y Stanley-Turner E Starr Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard E Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Yates Richardson, Speaker

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On the adoption of the Resolutions, the ayes were 150, nays 0.

The Resolutions, having received the requisite constitutional majority, were adopted.

SB 34.

By Senators Williams of the 19th, Rogers of the 21st, Shafer of the 48th, Goggans of the 7th, Unterman of the 45th and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, so as to prohibit the possession of photographs of victims by certain persons confined in penal institutions; to provide for exceptions; 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 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, so as to prohibit the possession of photographs of victims by certain persons confined in penal institutions; to provide for exceptions; 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. To amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, by adding a new Code section as follows:
"42-5-65. (a) Except as provided in this Code section, any person confined in a penal institution or confined in another facility under the jurisdiction of or subject to the authority of the board or while under the custody of officials, officers, or employees under the authority of the board who is serving a sentence for a violation of Chapter 5 of Title 16 relating to crimes against the person or a violation of Chapter 6 of Title 16 relating to sexual offenses shall be prohibited from possessing or carrying about his or her person or maintaining in any prison cell or similar area under his or her control any photograph, picture, or similar depiction of any victim of the offense for which he or she is serving. (b) Subsection (a) of this Code section shall not apply where the photograph or picture is needed for use in any civil or criminal proceeding provided that the person under the custody of the board receives permission by a court having jurisdiction over the proceeding and only for so long as and in such manner as directed by court order.

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2733

(c) Nothing in this subsection shall limit further restrictions or limitations on the possession of contraband or victim photographs by persons confined or under the custody of the board as deemed appropriate by the board."

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler
Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H

Y Dempsey Y Dickson Y Dollar E 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 Frazier E Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon E Graves Y Greene Y Hamilton
Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson Y Hill, C

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J
Jones, S Y Jordan Y Kaiser Y Keen Y Keown E Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham

Y Martin Y Maxwell
May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy
Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F
Sinkfield Y Smith, B
Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner E Starr Y Stephens
Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard E Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix

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Y Davis, S Y Day

Y Hill, C.A E Holmes

E Manning Y Marin

Sailor Y Scott, A

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.

SB 38.

By Senators Rogers of the 21st, Whitehead, Sr. of the 24th, Carter of the 13th, Mullis of the 53rd, Chapman of the 3rd and others:

A BILL to be entitled an Act to amend Code Section 40-3-20 of the Official Code of Georgia Annotated, relating to when a certificate of title is required for a motor vehicle, so as to require an owner of a vehicle, unless otherwise exempt, to present a valid Georgia driver's license or identification card when registering or renewing the registration of a vehicle; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

N Abdul-Salaam N Abrams Y Amerson N Ashe Y Barnard Y Bearden E Beasley-Teague N Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant N Buckner Y Burkhalter
Burns Y Butler
Byrd Y Carter, A Y Carter, B Y Casas
Chambers Y Channell

Y Dempsey Y Dickson Y Dollar E 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 Frazier E Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James N Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown E Knight Y Knox Y Lakly Y Lane, B

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon
Shipp Y Sims, B Y Sims, C Y Sims, F
Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner E Starr Y Stephens
Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B

TUESDAY, APRIL 17, 2007

2735

Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Hamilton 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 E Holmes

Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Pruett Y Ralston Y Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Tumlin Y Walker N Watson Y Wilkinson Y Willard E Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix
Yates Richardson, Speaker

On the passage of the Bill, the ayes were 149, nays 9.

The Bill, having received the requisite constitutional majority, was passed.

Representative Shipp of the 58th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

SB 87.

By Senators Pearson of the 51st, Rogers of the 21st, Schaefer of the 50th, Goggans of the 7th and Whitehead, Sr. of the 24th:

A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, so as to direct the Department of Transportation to seek approval from the Federal Highway Administration to incorporate the use of "RV friendly" markers on specific service signs for business establishments that cater to the needs of persons driving recreational 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:

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks

Y Dempsey Y Dickson Y Dollar E Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson

Martin Y Maxwell Y May
McCall Y McKillip Y Meadows Y Millar E Mills Y Mitchell E Morgan Y Morris Y Mosby

Y Scott, M Y Sellier Y Setzler
Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L

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Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B
Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Fludd Y Forster Y Franklin Y Frazier E Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton
Hanner N Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall
Hembree Y Henson Y Hill, C Y Hill, C.A E Holmes

Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown E Knight
Knox Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall
Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner E Starr Y Stephens
Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard E Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 154, nays 1.

The Bill, having received the requisite constitutional majority, was passed.

SB 98.

By Senators Hamrick of the 30th, Mullis of the 53rd, Thomas of the 54th, Heath of the 31st, Staton of the 18th and others:

A BILL to be entitled an Act to amend Titles 16 and 35 of the Official Code of Georgia Annotated, relating to crimes and offenses and law enforcement officers and agencies, respectively, so as to provide the Georgia Bureau of Investigation with the authority to investigate certain offenses against minors, including subpoena power; to change provisions relating to the "Computer Pornography and Child Exploitation Act of 1999"; to provide for a definition; 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 Titles 16 and 35 of the Official Code of Georgia Annotated, relating to crimes and offenses and law enforcement officers and agencies, respectively, so as to provide the Georgia Bureau of Investigation with the authority to investigate certain offenses against

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minors; to change provisions relating to the "Computer Pornography and Child Exploitation Act of 1999"; to provide for a definition; 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. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising Code Section 16-9-109, relating to disclosure by service providers pursuant to investigations, as follows:
"16-9-109. (a) Any law enforcement unit, the Attorney General, or any district attorney who is conducting an investigation of a violation of this article or an investigation of a violation of Code Section 16-12-100, 16-12-100.1, 16-12-100.2, or 16-5-90, or Article 8 of Chapter 9 of Title 16 this chapter involving the use of a computer, cellular telephone, or any other electronic device used in furtherance of the act may require the disclosure by a provider of electronic communication service or remote computing service of the contents of a wire or electronic communication that is in electronic storage in an electronic communications system for 180 days or less pursuant to a search warrant issued under the provisions of Article 2 of Chapter 5 of Title 17 by a court with jurisdiction over the offense under investigation. Such court may require the disclosure by a provider of electronic communication service or remote computing service of the contents of a wire or electronic communication that has been in electronic storage in an electronic communications system for more than 180 days as set forth in subsection (b) of this Code section.
(b)(1) Any law enforcement unit, the Attorney General, or any district attorney may require a provider of electronic communication service or remote computing service to disclose a record or other information pertaining to a subscriber to or customer of such service, exclusive of the contents of communications, only when any law enforcement unit, the Attorney General, or any district attorney:
(A) Obtains a search warrant as provided in Article 2 of Chapter 5 of Title 17; (B) Obtains a court order for such disclosure under subsection (c) of this Code section; or (C) Has the consent of the subscriber or customer to such disclosure. (2) A provider of electronic communication service or remote computing service shall disclose to any law enforcement unit, the Attorney General, or any district attorney the: (A) Name; (B) Address; (C) Local and long distance telephone connection records, or records of session times and durations; (D) Length of service, including the start date, and types of service utilized;

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(E) Telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address; and (F) Means and source of payment for such service, including any credit card or bank account number of a subscriber to or customer of such service when any law enforcement unit, the Attorney General, or any district attorney uses a subpoena authorized by Code Section 16-9-108 or 45-15-17 or a grand jury or trial subpoena when any law enforcement unit, the Attorney General, or any district attorney complies with paragraph (1) of this subsection. (3) Any law enforcement unit, the Attorney General, or any district attorney receiving records or information under this subsection shall not be required to provide notice to a subscriber or customer. A provider of electronic communication service or remote computing service shall not disclose to a subscriber or customer the existence of any search warrant or subpoena issued pursuant to this article nor shall a provider of electronic communication service or remote computing service disclose to a subscriber or customer that any records have been requested by or disclosed to any law enforcement unit, the Attorney General, or any district attorney pursuant to this article. (c) A court order for disclosure issued pursuant to subsection (b) of this Code section may be issued by any superior court with jurisdiction over the offense under investigation and shall only issue such court order for disclosure if any law enforcement unit, the Attorney General, or any district attorney offers specific and articulable facts showing that there are reasonable grounds to believe that the contents of an electronic communication, or the records or other information sought, are relevant and material to an ongoing criminal investigation. A court issuing an order pursuant to this Code section, on a motion made promptly by a provider of electronic communication service or remote computing service, may quash or modify such order, if compliance with such order would be unduly burdensome or oppressive on such provider. (d)(1) Any records supplied pursuant to this part shall be accompanied by the affidavit of the custodian or other qualified witness, stating in substance each of the following: (A) The affiant is the duly authorized custodian of the records or other qualified witness and has authority to certify the records; (B) The copy is a true copy of all the records described in the subpoena, court order, or search warrant and the records were delivered to the attorney, or the attorney's representative, or the director of the Georgia Bureau of Investigation or the director's designee; (C) The records were prepared by the personnel of the business in the ordinary course of business at or near the time of the act, condition, or event; (D) The sources of information and method and time of preparation were such as to indicate its trustworthiness; (E) The identity of the records; and (F) A description of the mode of preparation of the records.

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(2) If the business has none or only part of the records described, the custodian or other qualified witness shall so state in the affidavit. (3) If the original records would be admissible in evidence if the custodian or other qualified witness had been present and testified to the matters stated in the affidavit, the copy of the records shall be admissible in evidence. When more than one person has knowledge of the facts, more than one affidavit shall be attached to the records produced. (4) No later than 30 days prior to trial, a party intending to offer such evidence produced in compliance with this subsection shall provide written notice of such intentions to the opposing party or parties. A motion opposing the admission of such evidence shall be filed within ten days of the filing of such notice, and the court shall hold a hearing and rule on such motion no later than ten days prior to trial. Failure of a party to file such motion opposing admission prior to trial shall constitute a waiver of objection to such records and affidavit. However, the court, for good cause shown, may grant relief from such waiver."
SECTION 2. Said title is further amended by revising Code Section 16-12-100.2, relating to computer pornography and child exploitation prevention, as follows:
"16-12-100.2. (a) This Code section shall be known and may be cited as the 'Computer or Electronic Pornography and Child Exploitation Prevention Act of 1999 2007.' (b) As used in this Code section, the term:
(1) 'Child' means any person under the age of 16 years. (2) 'Electronic device' means any device used for the purpose of communicating with a child for sexual purposes or any device used to visually depict a child engaged in sexually explicit conduct, store any image or audio of a child engaged in sexually explicit conduct, or transmit any audio or visual image of a child for sexual purposes. Such term may include, but shall not be limited to, a computer, cellular phone, thumb drive, video game system, or any other electronic device that can be used in furtherance of exploiting a child for sexual purposes; (2)(3) 'Identifiable child' means a person:
(A) Who was a child at the time the visual depiction was created, adapted, or modified or whose image as a child was used in creating, adapting, or modifying the visual depiction; and (B) Who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature or by electronic or scientific means as may be available. The term shall not be construed to require proof of the actual identity of the child. (3)(4) 'Sadomasochistic abuse' has the same meaning as provided in Code Section 1612-100.1. (4)(5) 'Sexual conduct' has the same meaning as provided in Code Section 16-12100.1.

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(5)(6) 'Sexual excitement' has the same meaning as provided in Code Section 16-12100.1. (6)(7) 'Sexually explicit nudity' has the same meaning as provided in Code Section 16-12-102. (7)(8) 'Visual depiction' means any image and includes undeveloped film and video tape and data stored on computer disk or by electronic means which is capable of conversion into a visual image or which has been created, adapted, or modified to show an identifiable child engaged in sexually explicit conduct. (c)(1) A person commits the offense of computer or electronic pornography if such person intentionally or willfully:
(A) Compiles, enters into, or transmits by means of computer or other electronic device; (B) Makes, prints, publishes, or reproduces by other computerized means computer or other electronic device; (C) Causes or allows to be entered into or transmitted by means of computer or other electronic device; or (D) Buys, sells, receives, exchanges, or disseminates any notice, statement, or advertisement, or any child's name, telephone number, place of residence, physical characteristics, or other descriptive or identifying information for the purpose of offering or soliciting sexual conduct of or with an identifiable child or the visual depiction of such conduct. (2) Any person convicted of violating paragraph (1) of this subsection shall be punished by a fine of not more than $10,000.00 and by imprisonment for not less than one nor more than 20 years. (d)(1) It shall be unlawful for any person intentionally or willfully to utilize a computer on-line service or Internet service, including but not limited to a local bulletin board service, Internet chat room, e-mail, or on-line messaging service, or other electronic device, to seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice a child or another person believed by such person to be a child to commit any illegal act described in Code Section 16-6-2, relating to the offense of sodomy or aggravated sodomy; Code Section 16-6-4, relating to the offense of child molestation or aggravated child molestation; Code Section 16-6-5, relating to the offense of enticing a child for indecent purposes; or Code Section 16-6-8, relating to the offense of public indecency or to engage in any conduct that by its nature is an unlawful sexual offense against a child. (2) Any person who violates paragraph (1) of this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 20 years and by a fine of not more than $25,000.00; provided, however, that, if at the time of the offense the victim was 14 or 15 years of age and the defendant was no more than three years older than the victim, then the defendant shall be guilty of a misdemeanor of a high and aggravated nature. (e)(1) A person commits the offense of obscene Internet contact with a child if he or she has contact with someone he or she knows to be a child or with someone he or she

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believes to be a child via a computer on-line service or Internet service, including but not limited to a local bulletin board service, Internet chat room, e-mail, or on-line messaging service, and the contact involves any matter containing explicit verbal descriptions or narrative accounts of sexually explicit nudity, sexual conduct, sexual excitement, or sadomasochistic abuse that is intended to arouse or satisfy the sexual desire of either the child or the person, provided that no conviction shall be had for a violation of this subsection on the unsupported testimony of a child. (2) Any person who violates paragraph (1) of this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years or by a fine of not more than $10,000.00; provided, however, that, if at the time of the offense the victim was 14 or 15 years of age and the defendant was no more than three years older than the victim, then the defendant shall be guilty of a misdemeanor of a high and aggravated nature. (f)(1) It shall be unlawful for any owner or operator of a computer on-line service, Internet service, or local bulletin board service, or other electronic device that is in the business of providing a service that may be used to sexually exploit a child to intentionally or willfully to permit a subscriber to utilize the service to commit a violation of this Code section, knowing that such person intended to utilize such service to violate this Code section. No owner or operator of a public computer online service, Internet service, or local bulletin board service, or other electronic device that is in the business of providing a service that may be used to sexually exploit a child shall be held liable on account of any action taken in good faith in providing the aforementioned services. (2) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor of a high and aggravated nature. (g) The sole fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this Code section shall not constitute a defense to prosecution under this Code section. (h) A person is subject to prosecution in this state pursuant to Code Section 17-2-1, relating to jurisdiction over crimes and persons charged with commission of crimes generally, for any conduct made unlawful by this Code section which the person engages in while: (1) Either either within or outside of this state if, by such conduct, the person commits a violation of this Code section which involves a child who resides in this state or another person believed by such person to be a child residing in this state; or (2) Within this state if, by such conduct, the person commits a violation of this Code section which involves a child who resides within or outside this state or another person believed by such person to be a child residing within or outside this state. (i) Any violation of this Code section shall constitute a separate offense."
SECTION 3. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended in subsection (a) of Code Section 35-3-4, relating to powers

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and duties of the Georgia Bureau of Investigation, by striking "and" at the end of paragraph (8), by replacing the period with "; or" at the end of paragraph (9), and by adding a new paragraph to read as follows:
"(10) Identify and investigate violations of Part 2 of Article 3 of Chapter 12 of Title 16, relating to offenses related to minors."

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox

Y Dempsey Y Dickson Y Dollar E Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J Y Fludd
Forster Y Franklin Y Frazier E Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton
Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar E Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts

Y Scott, M Y Sellier Y Setzler
Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield
Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner E Starr Y Stephens
Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard E Williams, A Y Williams, E

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Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Hembree Y Henson Y Hill, C Y Hill, C.A E Holmes

Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Williams, M 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 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 Rynders of the 152nd District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

Your Committee on Intragovernmental Coordination - 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 31 SB 46 SB 90 SB 107 SB 126 SB 147 SB 158 SB 186 SB 227 SB 231 SB 242 SB 244

Do Pass, by Substitute Do Pass Do Pass Do Pass Do Pass Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass Do Pass Do Pass Do Pass

SB 247 SB 248 SB 261 SB 269 SB 308 SB 309 SB 310 SB 311 SB 312 SB 316 SB 317

Do Pass Do Pass Do Pass Do Pass Do Pass, by Substitute Do Pass Do Pass Do Pass, by Substitute Do Pass Do Pass Do Pass

Respectfully submitted, /s/ Rynders of the 152nd
Chairman

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

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SB 72.

By Senators Williams of the 19th, Weber of the 40th, Rogers of the 21st, Tolleson of the 20th, Staton of the 18th and others:

A BILL to be entitled an Act to amend Code Section 20-2-290 of the Official Code of Georgia Annotated, relating to organization of schools under the "Quality Basic Education Act," so as to provide for legislative findings; to authorize the employment of school administrative managers to conduct the financial and business affairs of a school; 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 20-2-86 of the Official Code of Georgia Annotated, relating to operation of school councils, so as to delete language relating to membership on the school council; to provide that the parent members make up a majority on the school council; to provide that the chairperson shall be a parent member; to provide for transition; to amend Code Section 20-2-290 of the Official Code of Georgia Annotated, relating to organization of schools under the "Quality Basic Education Act," so as to authorize the employment of school administrative managers to conduct the financial and business affairs of a school; to amend Subpart 1 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the employment of certificated professional personnel in elementary and secondary education, so as to provide for alternative teaching certifications for secondary school teachers; to provide for a definition; to provide for statutory construction; to prohibit discrimination or disparate treatment for teachers and applicants for alternative certification; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 20-2-86 of the Official Code of Georgia Annotated, relating to operation of school councils, is amended by revising subsections (c), (d), (e), and (j) as follows:
"(c) Membership on the council shall be open to teachers, parents, and business representatives selected from all businesses that are designated school business partners. Any member may withdraw from the council by delivering to the council a written resignation and submitting a copy to the secretary of the council or school principal. Should school councilmembers determine that a member of the council is no longer active in the council as defined by the bylaws of the council, the council may, by a majority vote, withdraw such person's membership status, effective as of a date determined by the council.

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(d) The property and business of the council shall be managed by a minimum of seven school councilmembers of whom a majority shall constitute a quorum. The number of councilmembers shall be specified in the council's bylaws. If the number of councilmembers exceeds seven, the number of parent members and teacher members must be equal. Members of the school council shall include:
(1) At least two A number of parents or guardians of students enrolled in the school, excluding employees who are parents or guardians of such students, so that such parents or guardians make up a majority of the council and at least two of whom shall be businesspersons; (2) Two businesspersons; (3)(2) At least two certificated teachers, excluding any personnel employed in administrative positions, who are employed at least four of the six school segments at the school; (4)(3) The school principal; and (5)(4) Other members as specified in the council's bylaws, such as, but not limited to, students, staff, and representatives of school related organizations. Other businesspersons from the local business community may serve on the council and shall be selected by the other members of the school council. Selection procedures for these members and the business members shall be specified in the council's bylaws. An employee of the local school system may serve as a parent representative on the council of a school in which his or her child is enrolled if such employee works at a different school. With the exception of the principal and the business representatives, members shall be elected by, and from among, the group they represent. (e) Members of the council shall serve for a term of two years or for such other term as may be specified in the council's bylaws, except as provided in this subsection. Upon the expiration of the terms of the councilmembers in office on July 1, 2004, the subsequent The terms of the councilmembers shall be staggered. In order to stagger the terms, the initial terms of one-half of the councilmembers pursuant to paragraph (1) of subsection (d) of this Code section, one-half of the councilmembers pursuant to paragraph (2) of subsection (d) of this Code section, one-half of the councilmembers pursuant to paragraph (3) of subsection (d) of this Code section, and one-half of the councilmembers pursuant to paragraph (5) of subsection (d) of this Code section shall have initial terms of one year and the remaining members shall have initial terms of two years. Upon the expiration of the terms of the two businessperson councilmembers in office on July 1, 2007, these member positions shall subsequently be filled by parent councilmembers; provided, however, that additional businesspersons may serve on the council if provided for in the council's bylaws in accordance with paragraph (4) of subsection (d) of this Code section. Councilmembers may serve more than one term. The office of school councilmember shall be automatically vacated: (1) If a member shall resign; (2) If the person holding the office is removed as a member by an action of the council pursuant to this Code section; or

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(3) If a member no longer meets the qualifications specified in this Code section. An election within the electing body for a replacement to fill the remainder of an unexpired term shall be held within 30 days, unless there are 90 days or less remaining in the term in which case the vacancy shall remain unfilled."
"(j)(1) The officers of the school council shall be a chairperson, vice chairperson, and secretary. Officers of the council shall be elected by the council at the first meeting of the council following the election of school councilmembers; provided, however, that the chairperson shall be a parent member. The officers of the council shall hold office for the term specified in the council's bylaws. (2) The vice chairperson shall, in the absence or disability of the chairperson, perform the duties and exercise the powers of the chairperson and shall perform such other duties as shall be required by the council. (3) The secretary shall attend all meetings, act as clerk of the council, and be responsible for recording all votes and minutes of all proceedings in the books to be kept for that purpose. The secretary shall give or cause to be given notice of all meetings of the council and shall perform such other duties as may be prescribed by the council."
SECTION 2. Code Section 20-2-290 of the Official Code of Georgia Annotated, relating to organization of schools under the "Quality Basic Education Act," is amended by revising subsection (a) as follows:
"(a)(1) The board of education of any local school system is authorized to organize or reorganize the schools and fix the grade levels to be taught at each school in its jurisdiction. Local school systems which have organized their schools in such a manner that facilities house grades six, seven, and eight or grades seven and eight shall qualify for the middle school program for students in grade levels so housed. A school which houses grades other than six, seven, or eight shall only be eligible if it has a full-time principal for grades seven and eight or six, seven, and eight and another full-time principal for grades above or below the middle school grades; provided, however, that such schools also meet all other provisions of this Code section. Schools with students in the sixth grade shall not be eligible for the middle school program if the sixth grades are not housed in middle schools which also contain both grades seven and eight. Further, two or more adjacent local school systems shall qualify for the middle school program if through their contractual arrangement they jointly meet the requirements of this Code section and the criteria and standards prescribed by the state board. (2) The board of education of any local school system shall be authorized to employ school administrative managers in lieu of or in addition to assistant principals. Such school administrative managers shall not be required to be certificated by the Professional Standards Commission but shall have such qualifications as determined by the local board with a minimum requirement of a bachelor's degree. The duties of school administrative managers shall be to oversee and manage the financial and

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business affairs of the school. The principal shall retain authority over the curriculum and instructional areas. The school administrative manager shall report directly to the principal. In the event that a local board considers hiring or utilizing school administrative managers pursuant to this subsection, it shall receive and give all due consideration to recommendations by the school council as to whether or not to utilize such position and as to selection of the manager. Existing employees of the local board shall be eligible to serve as school administrative managers if they meet other qualifications and requirements established by the local board for such position. For purposes of earning funds for such positions, school administrative managers shall be treated in all respects the same as assistant principals."
SECTION 3. Subpart 1 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the employment of certificated professional personnel in elementary and secondary education, is amended in Code Section 20-2-200, relating to teacher certification, as follows:
"20-2-200. (a) The Professional Standards Commission shall provide, by regulation, for certifying and classifying all certificated professional personnel employed in the public schools of this state. No such personnel shall be employed in the public schools of this state unless they hold certificates issued by the commission certifying their qualifications and classification in accordance with such regulations. The commission shall establish such number of classifications of other certificated professional personnel as it may find reasonably necessary or desirable for the operation of the public schools; provided, however, that such classifications shall be based only upon academic, technical, and professional training, experience, and competency of such personnel. The commission is authorized to provide for denying a certificate to an applicant, suspending or revoking a certificate, or otherwise disciplining the holder of a certificate for good cause after an investigation is held and notice and an opportunity for a hearing are provided the certificate holder or applicant in accordance with subsection (d) of Code Section 20-2-984.5. The commission shall designate and define the various classifications of professional personnel employed in the public schools of this state that shall be required to be certificated under this Code section or under Code Section 20-2-206. Without limiting the generality of the foregoing, the term 'certificated professional personnel' is defined as all professional personnel certificated by the commission and county or regional librarians.
(b)(1) The Professional Standards Commission shall establish rules and regulations for appropriate requirements and procedures to ensure high-quality certification standards for all Georgia educators while facilitating the interstate mobility of out-ofstate certified educators. (2) Requirements established for initial certification applicants new to the profession, to include out-of-state program completers with or without certificates and with no teaching experience, may include, but are not limited to, demonstrated satisfactory

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proficiency in the following: a test of broad general knowledge; a test of specific subject matter content or other professional knowledge appropriate to the applicant's field of certification; computer skill competency; standards of ethical conduct; and course work in the identification and education of children who have special educational needs; provided, however, that this paragraph shall not be construed to apply to alternative certification requirements as provided in Code Section 20-2-206. (3) Requirements established for holders of valid, professional out-of-state certificates applying for their first Georgia certificate may include, but are not limited to the following: computer skill competency; course work in the identification and education of children who have special educational needs; recency of study; and standards of ethical conduct. These requirements may be completed during the validity period of the first Georgia certificate. At the time of application for the first Georgia certificate, satisfactory proficiency in subject matter content appropriate to the applicant's field of certification may be determined based on Professional Standards Commission approved tests or combinations of successful teaching experience and academic, technical, and professional preparation as outlined in rules of the Professional Standards Commission. (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 requirements except those related to background checks. (5) Requirements designating approved in-field assignment standards appropriate to the applicant's field of certification shall be established to ensure that educators are assigned to those areas for which they are properly prepared. These standards may be determined based on reviews of state approved curriculum courses, state approved preparation programs, and designated certificate fields. (c) An individual who has received two unsatisfactory annual performance evaluations in the previous five-year period pursuant to Code Section 20-2-210 shall not be entitled to a renewable certificate prior to demonstrating that such performance deficiency has

TUESDAY, APRIL 17, 2007

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been satisfactorily addressed, but such individual may apply to the commission for a nonrenewable certificate. (d) No applicant who is under review by the commission shall be allowed to withdraw his or her application for a certificate, permit, or other certification document without the written consent of the commission. The commission shall retain its authority over those applicants to proceed with the denial of the certificate, permit, or other certification document upon any ground provided by law, or to enter an order denying the certificate, permit, or other certification document upon any ground provided by law. The suspension or expiration of any certificate, permit, or certification document, or its surrender without the written consent of the commission, shall not deprive the commission of its authority to do any of the following:
(1) Institute or continue a disciplinary proceeding against the holder of a certificate, permit, or other certification document upon any ground provided by law; (2) Enter an order suspending or revoking the certificate, permit, or other certification document; or (3) Issue an admonition to the holder of a certificate, permit, or other certification document. (e)(1) The Professional Standards Commission shall charge the following fees to persons who file applications with the commission under its regulations adopted pursuant to the authority of this Code section:
(A) For an applicant for initial certification who is not currently employed in Georgia public or private schools ............................................ $ 20.00

(B) For an applicant for initial certification who is not a graduate of an accredited education program from a Georgia college or university............ 20.00

(C) For an applicant for a higher certificate when the applicant then holds a Georgia certificate but who is not currently employed in Georgia public or private schools ..........................................................................................

20.00

(D) For an applicant for a certificate which adds a field or which endorses a certificate but who is not currently employed in Georgia public or private schools ..........................................................................................

20.00

(E) For an applicant for a conditional certificate ......................................... 20.00

(F) For an applicant for the renewal of any certificate if the applicant is not currently employed by a public or private school in Georgia................. 20.00

(G) For evaluating transcripts where certificates are not issued and for issuing duplicate copies of certificates.......................................................... 20.00
(2) The fees provided for in paragraph (1) of this subsection shall be paid by an applicant by cashier's check or money order as a condition for filing the application.

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(3) The fees provided for in this subsection shall be paid by the commission into the general funds of the state. The commission shall adopt regulations to carry out the provisions of this subsection. (f) As used in this part, unless the context indicates otherwise, the term 'commission' means the Professional Standards Commission established under Part 10 of Article 17 of this chapter."
SECTION 4. Said subpart is further amended by adding a new Code section to read as follows:
"20-2-206. (a) For purposes of this Code section, the term 'core academic subject' means English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, or geography.
(b)(1) Each local school system may provide an alternative teacher certification program upon approval by the Professional Standards Commission for a secondary school teacher candidate to teach a course or courses in a core academic subject who:
(A) Possesses a master's degree, doctoral degree, or Juris Doctor in each academic subject in which the candidate will teach; (B) Receives high-quality professional development that is sustained, intensive, and classroom focused in order to have a positive and lasting impact on classroom instruction, before and while teaching; (C) Participates in a program of intensive supervision that consists of structured guidance and regular ongoing support for teachers or a teacher mentoring program; (D) Assumes functions as a teacher only for a specified period of time not to exceed three years; and (E) Demonstrates satisfactory progress toward full certification as prescribed by the Professional Standards Commission. (2) The Professional Standards Commission shall apply the least restrictive standards when approving a school system developed program under this subsection. (3) Any teacher certified pursuant to this subsection shall be considered a highly qualified teacher for purposes of the federal No Child Left Behind Act (P.L. 107-110). (c) Each local school system may provide an alternative teacher certification program upon approval by the Professional Standards Commission for a secondary school teacher candidate to teach a course or courses in a subject that is not a core academic subject who: (1) Possesses a master's degree, doctoral degree, or Juris Doctor in each academic subject in which the candidate will teach; and (2) Demonstrates satisfactory progress toward full certification as prescribed by the Professional Standards Commission. (d) A teacher receiving initial certification pursuant to this Code section shall be treated in the same manner as certificated professional personnel for purposes of this chapter or any local board of education policy, including receiving salaries pursuant to the minimum salary schedule provided for in Code Section 20-2-212.

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(e) A local school system shall not discriminate or treat differently in any manner a teacher possessing initial certification pursuant to this Code section, an applicant seeking initial certification pursuant to this Code section, or an individual meeting the requirement contained in subparagraph (b)(1)(A) or paragraph (1) of subsection (c) of this Code section and eligible for initial certification pursuant to this Code section, including, but not limited to, refusal to admit such teacher to a job fair or other teacher recruitment activity."

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 N Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant Y Buckner Y Burkhalter
Burns Y Butler Y Byrd N Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M Y Crawford, R
Davis, H

Y Dempsey Y Dickson Y Dollar E Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson
Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Frazier E Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton
Hanner 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 Y Hudson N Hugley N Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S N Jordan Y Kaiser Y Keen N Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox
Mangham

Y Martin Y Maxwell Y May
McCall Y McKillip Y Meadows Y Millar E Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish N Parsons Y Peake N Porter
Powell Y Pruett Y Ralston N Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Scott, M Y Sellier Y Setzler N Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C Y Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner E Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard E Williams, A N Williams, E Y Williams, M Y Williams, R N Wix

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Y Davis, S Y Day

Y Hill, C.A E Holmes

E Manning Y Marin

Sailor Y Scott, A

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.

Representative Davis of the 122nd 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 131. By Senator Hudgens of the 47th:

A BILL to be entitled an Act to amend Article 9 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Subsequent Injury Trust Fund, so as to change certain provisions relating to payment of assessments to the fund by insurers and self-insurers; to provide for related matters; to provide for an effective date and intent; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant Y Buckner Y Burkhalter
Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas
Chambers

Y Dempsey Y Dickson Y Dollar E 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 Frazier E Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows
Millar E Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C
Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner E Starr Y Stephens
Stephenson Y Talton Y Teilhet Y Thomas, A.M

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2753

Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A E Holmes

Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas
Lunsford Y Maddox
Mangham E Manning Y Marin

Y Powell Y Pruett Y Ralston Y Randall Y Reece
Reese Y Rice Y Roberts Y Rogers Y Royal
Rynders Sailor Y Scott, A

Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard E Williams, A Y Williams, E Y Williams, M 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 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.

SB 146. By Senators Seabaugh of the 28th, Shafer of the 48th, Stoner of the 6th, Pearson of the 51st, Williams of the 19th and others:

A BILL to be entitled an Act to amend Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to public works bidding, so as to provide definitions; to provide for the advertisement of contract opportunities; to provide for the specifications of such notices and advertisements; 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 91 of Title 36 of the Official Code of Georgia Annotated, relating to public works bidding, so as to provide definitions; to provide for the advertisement of contract opportunities; to provide for the specifications of such notices and advertisements; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

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Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to public works bidding, is amended by revising Code Section 36-91-2, relating to definitions, as follows:
"36-91-2. As used in this chapter, the term:
(1) 'Alternate bids' means the amount stated in the bid or proposal to be added to or deducted from the amount of the base bid or base proposal if the corresponding change in project scope or alternate materials or methods of construction is accepted. (2) 'Base bid' or 'base proposal' means the amount of money stated in the bid or proposal as the sum for which the bidder or proposer offers to perform the work. (1)(3) 'Bid bond' means a bond with good and sufficient surety or sureties for the faithful acceptance of the contract payable to, in favor of, and for the protection of the governmental entity for which the contract is to be awarded. (2)(4) 'Change order' means an alteration, addition, or deduction from the original scope of work as defined by the contract documents to address changes or unforeseen conditions necessary for project completion. (3)(5) 'Competitive sealed bidding' means a method of soliciting public works construction contracts whereby the award is based upon the lowest responsive, responsible bid in conformance with the provisions of subsection (b) of Code Section 36-91-21. (4)(6) 'Competitive sealed proposals' means a method of soliciting public works contracts whereby the award is based upon criteria identified in a request for proposals in conformance with the provisions of subsection (c) of Code Section 3691-21. (5)(7) 'Emergency' means any situation resulting in imminent danger to the public health or safety or the loss of an essential governmental service. (6)(8) 'Governing authority' means the official or group of officials responsible for governance of a governmental entity. (7)(9) 'Governmental entity' means a county, municipal corporation, consolidated government, authority, board of education, or other public board, body, or commission but shall not include any authority, board, department, or commission of the state, or a public transportation agency as defined by Chapter 9 of Title 32. (8)(10) 'Payment bond' means a bond with good and sufficient surety or sureties payable to the governmental entity for which the work is to be done and intended for the use and protection of all subcontractors and all persons supplying labor, materials, machinery, and equipment in the prosecution of the work provided for in the public works construction contract. (9)(11) 'Performance bond' means a bond with good and sufficient surety or sureties for the faithful performance of the contract and to indemnify the governmental entity for any damages occasioned by a failure to perform the same within the prescribed time. Such bond shall be payable to, in favor of, and for the protection of the governmental entity for which the work is to be done.

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(10)(12) 'Public works construction' means the building, altering, repairing, improving, or demolishing of any public structure or building or other public improvements of any kind to any public real property other than those projects covered by Chapter 4 of Title 32. Such term does not include the routine operation, repair, or maintenance of existing structures, buildings, or real property. (11)(13) 'Responsible bidder' or 'responsible offeror' means a person or entity that has the capability in all respects to perform fully and reliably the contract requirements. (12)(14) 'Responsive bidder' or 'responsive offeror' means a person or entity that has submitted a bid or proposal that conforms in all material respects to the requirements set forth in the invitation for bids or request for proposals. (13)(15) 'Scope of project' means the work required by the original contract documents and any subsequent change orders required or appropriate to accomplish the intent of the project as described in the bid documents. (14)(16) 'Scope of work' means the work that is required by the contract documents. (15)(17) 'Sole source' means those procurements made pursuant to a written determination by a governing authority that there is only one source for the required supply, service, or construction item."
SECTION 2. Said chapter is further amended by revising Code Section 36-91-20, relating to written contract required, as follows:
"36-91-20. (a) All public works construction contracts subject to this chapter entered into by a governmental entity with private persons or entities shall be in writing and on file and available for public inspection at a place designated by such governmental entity. Municipalities and consolidated governments shall execute and enter into contracts in the manner provided in applicable local legislation or by ordinance.
(b)(1) 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 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 which may include the Georgia Procurement Registry as provided by Code Section 50-5-69. (2) Contract opportunities that are advertised in the legal organ 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. (3) Contract opportunities that are advertised solely on the Internet shall be posted continuously for at least four weeks prior to the opening of sealed bids or proposals. Inadvertent or unintentional loss of Internet service during the advertisement period shall not require the contract award or bid or proposal opening to be delayed.

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(4) Contract opportunities that will be awarded by competitive sealed bids shall have Plans plans and specifications shall be available on the first day of the advertisement and shall be open to inspection by the public. The plans and specifications shall indicate if the project will be awarded by base bid or base bid plus selected alternates and:
(A) A statement listing whether all anticipated federal, state, or local permits required for the project have been obtained or an indication of the status of the application for each such permit including when it is expected to be obtained; and (B) A statement listing whether all anticipated rights of way and easements required for the project have been obtained or an indication of the status as to when each such rights of way or easements are expected to be obtained. (5) Contract opportunities that will be awarded by competitive sealed proposals shall be publicly advertised with a request for proposals which request shall include conceptual program information in the request for proposals describing the requested services in a level of detail appropriate to the project delivery method selected for the project. (6) 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. (7) All required notices of advertisement shall also advise of any mandatory prequalification requirements or pre-bid conferences as well as any federal requirements pursuant to subsection (d) of Code Section 36-91-22. Any advertisement which provides notice of a mandatory pre-bid conference or prequalification shall provide reasonable advance notice of said conference or for the submittal of such prequalification information. (c) Governmental entities are authorized to utilize any construction delivery method, provided that all public works construction contracts subject to the requirements of this chapter that: (1) Place the bidder or offeror at risk for construction; and (2) Require labor or building materials in the execution of the contract shall be awarded on the basis of competitive sealed bidding or competitive sealed proposals. Governmental entities shall have the authority to reject any and all bids or proposals or any bid or proposal that is nonresponsive or not responsible and to waive technicalities and informalities. (d) No governmental entity shall issue or cause to be issued any addenda modifying plans and specifications within a period of 72 hours prior to the advertised time for the opening bids or proposals, excluding Saturdays, Sundays, and legal holidays. However, if the necessity arises to issue an addendum modifying plans and specifications within the 72 hour period prior to the advertised time for the opening of bids or proposals, excluding Saturdays, Sundays, and legal holidays, then the opening of bids or proposals shall be extended at least 72 hours, excluding Saturdays, Sundays, and legal holidays, from the date of the original bid or proposal opening without need to readvertise as required by subsection (b) of this Code section.

TUESDAY, APRIL 17, 2007

2757

(e) Bid and contract documents may contain provisions authorizing the issuance of change orders, without the necessity of additional requests for bids or proposals, within the scope of the project when appropriate or necessary in the performance of the contract. Change orders may not be used to evade the purposes of this article. (f) Any governmental entity may, in its discretion, adopt a process for mandatory prequalification of prospective bidders or offerors; provided, however, that:
(1) Criteria for prequalification must be reasonably related to the project or the quality of work; (2) Criteria for prequalification must be available to any prospective bidder or offeror requesting such information for each project that requires prequalification; (3) Any prequalification process must include a method of notifying prospective bidders or offerors of the criteria for or limitations to prequalification; and (4) Any prequalification process must include a procedure for a disqualified bidder to respond to his or her disqualification to a representative of the governmental entity; provided, however, that such procedure shall not be construed to require the governmental entity to provide a formal appeals procedure. A prequalified bidder or offeror can not be later disqualified without cause."

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant Y Buckner Y Burkhalter
Burns Y Butler Y Byrd Y Carter, A Y Carter, B

Y Dempsey Y Dickson Y Dollar E 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 Frazier E Freeman Y Gardner Y Geisinger Y Glanton Y Golick

Y Holt Horne
Y Houston Howard
Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows
Millar E Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver
O'Neal Parham Y Parrish Y Parsons

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield
Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner E Starr Y Stephens Y Stephenson Y Talton

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Y Casas Chambers
Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Gordon Y Graves Y Greene Y Hamilton
Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A E Holmes

Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal
Rynders Sailor Y Scott, A

Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker
Watson Y Wilkinson Y Willard E Williams, A
Williams, E Y Williams, M 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 Horne of the 71st 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 165. By Senator Bulloch of the 11th:

A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 2 of the Official Code of Georgia Annotated, relating to agricultural commodity commissions generally, so as to change certain provisions relating to ratification of commissions, governance by said chapter, and balloting to determine continued existence; 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black

Y Dempsey Y Dickson Y Dollar E Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Jacobs Y James Y Jamieson

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows
Millar E Mills Y Mitchell E Morgan

N Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield

TUESDAY, APRIL 17, 2007

2759

Y Bridges Y Brooks
Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Floyd, H Y Floyd, J
Fludd Y Forster N Franklin Y Frazier E Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton
Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson
Hill, C Y Hill, C.A E Holmes

Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord N Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix
Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston
Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal
Rynders Sailor Y Scott, A

Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner E Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker
Watson Y Wilkinson
Willard E Williams, A
Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 149, nays 3.

The Bill, having received the requisite constitutional majority, was passed.

The Speaker announced the House in recess until 1:15 o'clock, this afternoon.

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AFTERNOON SESSION
The Speaker called the House to order.
The following 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 95. By Representatives Richardson of the 19th, Harbin of the 118th, Golick of the 34th, Burkhalter of the 50th, Keen of the 179th and others:
A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008; and for other purposes.
The following Resolutions of the House were read:
HR 859. By Representatives Smith of the 113th, Porter of the 143rd, McCall of the 30th, Crawford of the 127th, Holt of the 112th and others:
A RESOLUTION honoring the life of Henry Scott Verner; and for other purposes.
HR 860. By Representatives Shaw of the 176th, Black of the 174th and Carter of the 175th:
A RESOLUTION recognizing and commending Larry Hanson; and for other purposes.
HR 861. By Representatives Teilhet of the 40th, Mumford of the 95th, Mangham of the 94th, McKillip of the 115th and Heard of the 114th:
A RESOLUTION honoring and remembering the life of Richard Dwight Langley; and for other purposes.
HR 862. By Representatives Smith of the 113th, McKillip of the 115th and Heard of the 114th:
A RESOLUTION recognizing and commending the Athens Banner-Herald on the occasion of its 175th birthday; and for other purposes.

TUESDAY, APRIL 17, 2007

2761

HR 863. By Representatives Holt of the 112th, Lunsford of the 110th and Mumford of the 95th:
A RESOLUTION commending the late Colonel John E. McGowan; and for other purposes.
HR 864. By Representatives Collins of the 27th, Mills of the 25th, Benton of the 31st and Rogers of the 26th:
A RESOLUTION recognizing North Hall High School in Gainesville on the celebration of its 50th anniversary; and for other purposes.
HR 865. By Representatives Williams of the 178th, Hatfield of the 177th and Smith of the 168th:
A RESOLUTION recognizing and commending Janie Broome, Joey Walker, Marilyn Waters, Helen Brantley, Serge Strickland, and Billy Cochran for their outstanding service to Pierce County, Georgia; and for other purposes.
HR 866. By Representatives Reese of the 98th, Sheldon of the 105th and Coan of the 101st:
A RESOLUTION commending Dale Holmer; and for other purposes.
HR 867. By Representatives Burkhalter of the 50th, Richardson of the 19th and Keen of the 179th:
A RESOLUTION honoring Gerald Grinstein for his outstanding leadership of Delta Air Lines and congratulating him upon his retirement; and for other purposes.
HR 868. By Representatives Collins of the 27th and Amerson of the 9th:
A RESOLUTION commending The Marksmen Quartet on the occasion of their 40th anniversary; and for other purposes.
HR 869. By Representative Yates of the 73rd:
A RESOLUTION commending Mr. James Nathan West and Mrs. Peggy Mays West; and for other purposes.
HR 870. By Representative Dempsey of the 13th:
A RESOLUTION commending Dawn Faulkner; and for other purposes.

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HR 871. By Representative Dempsey of the 13th:
A RESOLUTION commending Liang Hou; and for other purposes.
HR 872. By Representative Dempsey of the 13th:
A RESOLUTION commending Craig Schmidt; and for other purposes.
HR 873. By Representative Dempsey of the 13th:
A RESOLUTION commending Brett Russell Henson; and for other purposes.
HR 874. By Representatives Richardson of the 19th, Burkhalter of the 50th, Porter of the 143rd, Fleming of the 117th, Keen of the 179th and others:
A RESOLUTION commending the House Interns for the 2007 Regular Session; and for other purposes.
HR 875. By Representatives Richardson of the 19th, Burkhalter of the 50th, Porter of the 143rd, Fleming of the 117th, Keen of the 179th and others:
A RESOLUTION commending the House temporary employees for the 2007 Regular Session; and for other purposes.
HR 876. By Representative Reese of the 98th:
A RESOLUTION honorary and remembering the life of James Burnette, Sr.; and for other purposes.
HR 877. By Representative Walker of the 107th:
A RESOLUTION commending Thomas Richard "Rick" Conn, Sr.; and for other purposes.
HR 878. By Representatives Peake of the 137th, Randall of the 138th, Sellier of the 136th, Cole of the 125th and Lucas of the 139th:
A RESOLUTION commending June O'Neal; and for other purposes.
HR 879. By Representatives Keown of the 173rd and Maddox of the 172nd:
A RESOLUTION recognizing Big Bend Regional Spelling Bee Champion, Austin Cole Brinkley; and for other purposes.

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HR 880. By Representative Coleman of the 97th:

A RESOLUTION expressing regret at the passing of James Burnette; and for other purposes.

On the adoption of the Resolutions, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Abrams
Y Amerson Ashe
Y Barnard Bearden
E Beasley-Teague Benfield
Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Burns Butler Byrd Carter, A Carter, B Y Casas Chambers Channell Cheokas Coan Y Cole Y Coleman Collins Cooper Cox Crawford, M Crawford, R Y Davis, H Y Davis, S Day

Y Dempsey Y Dickson
Dollar Drenner Dukes Y Ehrhart Y England Epps Y Everson Y Fleming Floyd, H Y Floyd, J Fludd Forster Franklin Y Frazier E Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Hembree Henson Hill, C Hill, C.A E Holmes

Holt Y Horne Y Houston Y Howard
Hudson Hugley Jackson Jacobs Y James Y Jamieson Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Jordan Y Kaiser Keen Y Keown Knight Y Knox Lakly Y Lane, B Lane, R Y Levitas Y Lewis Y Lindsey Lord Y Loudermilk Lucas Lunsford Y Maddox Mangham E Manning Y Marin

Martin Y Maxwell
May McCall McKillip Y Meadows Y Millar E Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Parham Parrish Y Parsons Y Peake Porter Powell Pruett Ralston Randall Reece Y Reese Y Rice Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A

Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon
Shipp Sims, B Sims, C Y Sims, F Sinkfield Smith, B Y Smith, L Y Smith, R Y Smith, T Smith, V Smyre Stanley-Turner E Starr Stephens Y Stephenson Y Talton Teilhet Thomas, A.M Thomas, B Tumlin Y Walker Y Watson Y Wilkinson Willard E Williams, A Y Williams, E Y Williams, M Y Williams, R Wix Yates Richardson, Speaker

On the adoption of the Resolutions, the ayes were 93, nays 0.

The Resolutions were adopted.

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Due to a mechanical malfunction, the vote of Representative Jenkins of the 8th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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 139. By Senators Wiles of the 37th and Smith of the 52nd:

A BILL to be entitled an Act to amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense for indigents, so as to transfer the Georgia Public Defender Standards Council from the judicial branch of government to the executive branch; 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:

N Abdul-Salaam N Abrams Y Amerson N Ashe N Barnard Y Bearden E Beasley-Teague N Benfield Y Benton Y Black Y Bridges
Brooks N Bruce N Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd N Carter, A Y Carter, B Y Casas E Chambers Y Channell
Cheokas Y Coan Y Cole
Coleman Y Collins

Y Dempsey Y Dickson 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 N Frazier E Freeman N Gardner Y Geisinger Y Glanton Y Golick N Gordon Y Graves N Greene Y Hamilton N Hanner E Harbin N Hatfield Y Heard, J

Y Holt Y Horne Y Houston Y Howard N Hudson N Hugley
Jackson Y Jacobs N James N Jamieson
Jenkins Y Jerguson N Johnson, C N Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey N Lord

Y Martin Y Maxwell
May McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell E Morgan Y Morris N Mosby Y Mumford N Murphy Y Neal Y Nix N Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake N Porter Powell Y Pruett Y Ralston N Randall N Reece Y Reese

Y Scott, M N Sellier Y Setzler N Shaw Y Sheldon N Shipp Y Sims, B
Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre
Stanley-Turner E Starr Y Stephens N Stephenson Y Talton N Teilhet
Thomas, A.M N Thomas, B Y Tumlin Y Walker N Watson Y Wilkinson Y Willard

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Y Cooper Y Cox
Crawford, M N Crawford, R N Davis, H Y Davis, S Y Day

N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A E Holmes

Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham E Manning N Marin

Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

E Williams, A N Williams, E Y Williams, M Y Williams, R N Wix
Yates Richardson, Speaker

On the passage of the Bill, the ayes were 98, nays 58.

The Bill, having received the requisite constitutional majority, was passed.

Due to a mechanical malfunction, the votes of Representatives Jenkins of the 8th and Powell of the 29th were not recorded on the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representatives Brooks of the 63rd 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 "nay" thereon.

SB 182. By Senators Wiles of the 37th, Unterman of the 45th and Hill of the 32nd:

A BILL to be entitled an Act to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to change provisions relating to asbestos claims and silica claims; to state legislative findings and purpose; to provide for applicability; to provide definitions; to provide that physical impairment shall be an essential element of an asbestos claim or a silica claim; to provide for a limitations period for filing a claim; to provide for dismissal of pending claims under certain conditions; to provide for general rules applicable to new filings; to provide for forum non conveniens; to provide for venue; to provide for joinder and consolidation of claims; to provide 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 Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to change provisions relating to asbestos claims and silica claims; to state legislative findings and purpose; to provide for applicability; to provide definitions; to provide that physical impairment shall be an essential element of an asbestos claim or a silica claim; to provide for a limitations period for filing a claim; to provide for dismissal of pending claims under certain conditions; to provide for general rules applicable to new filings; to

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provide for forum non conveniens; to provide for venue; to provide for joinder and consolidation of claims; to clarify Georgia law and to create provisions relating to asbestos claims and successor corporations; to provide for legislative findings and intent; to provide definitions; to provide that limitations of liabilities for asbestos claims 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 this Act; to provide for other matters relative to the foregoing; to provide for severability; 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. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by striking in its entirety Chapter 14, relating to asbestos and silica claims, and inserting in its place a new Chapter 14 to read as follows:
"CHAPTER 14
51-14-1. (a) The General Assembly finds that:
(1) Asbestos is a mineral that was widely used prior to the 1980s for insulation, fireproofing, and other purposes; (2) Many American workers and others were exposed to asbestos, especially during and after World War II, at shipyards and other sites, prior to the advent of regulation by the United States Occupational Safety and Health Administration in the early 1970s; (3) Exposure to asbestos is associated with various types of cancer, including mesothelioma, as well as nonmalignant conditions such as asbestosis and diffuse pleural thickening; (4) Diseases caused by asbestos exposure often have long latency periods; (5) Silica is a naturally occurring mineral and is the second most common constituent of the earth's crust. Crystalline silica in the form of quartz is present in sand, gravel, soil, and rocks; (6) Silica related illnesses, including silicosis, can develop from the inhalation of respirable silica dust. Silicosis was widely recognized as an occupational disease many years ago;

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(7) Concerns about statutes of limitations may prompt unimpaired asbestos and silica claimants to bring lawsuits to protect their ability to recover for their potentially progressive occupational disease; (8) It is proper for the General Assembly to support and protect the Georgia courts from the massive litigation expense and the crowding of trial dockets caused by asbestos and silica litigation; (9) The cost of compensating exposed individuals who are not sick and legal costs spent on their claims jeopardize recoveries both now and in the future by people with cancer or other serious asbestos related injuries; threaten the savings, retirement benefits, and jobs of current and retired employees of the defendants; and adversely affect the communities in which the defendants operate; (10) In February, 2003, the American Bar Association Commission on Asbestos Litigation, with input from ten of the nation's most prominent physicians in the area of pulmonary function, adopted the 'ABA Standard For Non-Malignant AsbestosRelated Disease Claims,' which sets forth medical criteria for demonstrating asbestos related impairment that provide the underlying framework for the criteria set forth in this chapter and in similar legislation adopted in several other states; (11) Ohio, Florida, Texas, Kansas, South Carolina, and Tennessee have enacted legislation similar to this chapter that, among other things, sets medical criteria governing asbestos or silica claims or both, tolls statutes of limitations, and requires persons alleging nonmalignant disease claims to demonstrate physical impairment as a prerequisite to filing or maintaining such claims; and (12) Sound public policy requires deferring the claims of persons exposed to asbestos or silica and who are not presently impaired in order to give priority to those cases that involve claims of actual and current conditions of impairment; preserve compensation for people with cancer and other serious injuries; and safeguard the jobs, benefits, and savings of workers. (b) It is the purpose of this chapter to: (1) Give priority to claimants who can demonstrate actual physical harm or illness caused by asbestos or silica; (2) Preserve the rights of claimants to pursue asbestos or silica claims if an exposed person becomes sick in the future; (3) Enhance the ability of the courts to supervise and control asbestos litigation and silica litigation; and (4) Conserve resources to allow compensation of claimants who have cancer and others who are impaired as a result of exposure to asbestos or silica while securing the right to similar compensation for those who may suffer physical impairment in the future.
51-14-2. This chapter applies to any claim defined in this chapter as an asbestos claim or as a silica claim.

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51-14-3. As used in this chapter, the term:
(1) 'Asbestos' means chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, and any of these minerals that have been chemically treated or altered, including but not limited to all minerals defined as asbestos in 29 C.F.R. 1910.
(2)(A) 'Asbestos claim' means any claim, wherever or whenever made, for damages, losses, indemnification, contribution, loss of consortium, or other relief arising out of, based on, or in any way related to the health effects of exposure to asbestos, including, but not limited to:
(i) Any claim, to the extent recognized by applicable state law now or in the future, for:
(I) Personal injury or death; (II) Mental or emotional injury; (III) Risk or fear of disease or other injury; (IV) The costs of medical monitoring or surveillance; or (V) Damage or loss caused by the installation, presence, or removal of asbestos; and (ii) 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. (B) 'Asbestos claim' shall not mean a claim brought under: (i) A workers compensation law administered by this state to provide benefits, funded by a responsible employer or its insurance carrier, for occupational diseases or injuries or for disability or death caused by occupational diseases or injuries; (ii) The Act of April 22, 1908, known as the Federal Employers Liability Act, 45 U.S.C. Section 51, et seq.; (iii) The Longshore and Harbor Workers Compensation Act, 33 U.S.C. Sections 901-944, 948-950; or (iv) The Federal Employees Compensation Act, 5 U.S.C. Chapter 81. (3) 'Asbestosis' means bilateral diffuse interstitial fibrosis of the lungs caused by inhalation of asbestos. (4) 'Board certified internist' means a qualified physician licensed to practice medicine who is currently certified by the American Board of Internal Medicine. (5) 'Board certified occupational medicine physician' means a qualified physician licensed to practice medicine who is currently certified in the subspecialty of occupational medicine by the American Board of Preventive Medicine. (6) 'Board certified oncologist' means a qualified physician licensed to practice medicine who is currently certified in the subspecialty of medical oncology by the American Board of Internal Medicine. (7) 'Board certified pathologist' means a qualified physician licensed to practice medicine who holds primary certification in anatomic pathology or combined

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anatomic or clinical pathology from the American Board of Pathology and whose professional practice is principally in the field of pathology and involves regular evaluation of pathology materials obtained from surgical or post-mortem specimens. (8) 'Board certified pulmonologist' means a qualified physician licensed to practice medicine who is currently certified in the subspecialty of pulmonary medicine by the American Board of Internal Medicine. (9) 'Certified B-reader' means a qualified physician who has successfully passed the B-reader certification examination for X-ray interpretation sponsored by the National Institute for Occupational Safety and Health and whose certification was current at the time of any readings required by this chapter. (10) 'Chest X-rays' means films taken in two views (PA and Lateral) for reading in accordance with the radiological standards established by the International Labor Office, as interpreted by a certified B-reader. (11) 'Claimant' means a party seeking recovery of damages for an asbestos claim or silica claim, including the exposed person, any other plaintiff making a claim as a result of the exposed person's exposure to asbestos or silica, counterclaimant, crossclaimant, or third-party plaintiff. If a claim is brought through or on behalf of an estate, the term includes the claimant's decedent; if a claim is brought through or on behalf of a minor or incompetent, the term includes the claimant's parent or guardian. (12) 'Exposed person' means any person whose exposure to asbestos or silica is the basis for an asbestos claim or a silica claim. (13) 'FEV-1' means forced expiratory volume in the first second, which is the maximal volume of air expelled in one second during performance of simple spirometric tests. (14) 'FVC' means forced vital capacity, which is the maximal volume of air expired with maximum effort from a position of full inspiration. (15) 'ILO system' means the radiological ratings of the International Labor Office set forth in Guidelines for the Use of ILO International Classification of Radiographs of Pneumoconioses, revised edition, as amended from time to time by the International Labor Office. (16) 'Lower limit of normal' means the fifth percentile of healthy populations based on age, height, and gender, as referenced in the American Medical Association's Guides to the Evaluation of Permanent Impairment, fifth edition, as amended from time to time by the American Medical Association. (17) In the context of an asbestos claim, 'prima-facie evidence of physical impairment' means:
(A) For an asbestos claim that accrued before April 12, 2005: (i) For an asbestos claim alleging mesothelioma: that a claimant alleges mesothelioma caused by exposure to asbestos, and no further prima-facie evidence of physical impairment shall be required; (ii) For an asbestos claim alleging cancer other than mesothelioma: that a physician licensed to practice medicine (who need not be a 'qualified physician' as defined in this Code section) has signed a medical report certifying to a reasonable

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degree of medical probability that the exposed person's exposure to asbestos was a contributing factor to the diagnosed cancer other than mesothelioma and attaching whatever evidence the physician relied upon in determining that the exposed person has or had an asbestos related cancer; and (iii) For an asbestos claim alleging nonmalignant injury: that a physician licensed to practice medicine (who need not be a 'qualified physician' as defined in this Code section) has signed a medical report certifying to a reasonable degree of medical probability that the exposed person's exposure to asbestos was a contributing factor to the diagnosed nonmalignant asbestos injury and attaching whatever evidence the physician relied upon in determining that the exposed person has or had a nonmalignant asbestos injury; (B) For an asbestos claim that accrued on or after May 1, 2007: (i) For an asbestos claim alleging mesothelioma: that a claimant alleges mesothelioma caused by exposure to asbestos, and no further prima-facie evidence of physical impairment shall be required; (ii) For an asbestos claim alleging cancer other than mesothelioma: that a board certified internist, board certified pulmonologist, board certified pathologist, board certified occupational medicine physician, or board certified oncologist has signed a medical report certifying to a reasonable degree of medical probability that the exposed person has or had a cancer other than mesothelioma; that the cancer is a primary cancer; that exposure to asbestos was a substantial contributing factor to the diagnosed cancer; and that other potential causes (such as smoking) were not the sole or most likely cause of the injury at issue; (iii) For an asbestos claim alleging nonmalignant injury: that a board certified internist, board certified pulmonologist, board certified pathologist, board certified occupational medicine physician, or board certified oncologist has signed a medical report stating that the exposed person suffers or suffered from a nonmalignant asbestos injury and:
(I) Verifying that the doctor signing the medical report or a medical professional or professionals employed by and under the direct supervision and control of that doctor has taken histories as defined below or, alternatively, confirming that the signing doctor is relying on such histories taken or obtained by another physician or physicians who actually treated the exposed person or who had a doctorpatient relationship with the exposed person or by a medical professional or professionals employed by and under the direct supervision and control of such other physician or physicians, with such histories to consist of the following:
(a) A detailed occupational and exposure history from the exposed person or, if the exposed person is deceased or incapable of providing such history, from the person or persons most knowledgeable about the exposures that form the basis for the asbestos claim. The history shall include all of the exposed person's principal employments and his or her exposures to airborne contaminants that can cause pulmonary impairment, including, but not limited

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to, asbestos, silica, and other disease-causing dusts, and the nature, duration, and level of any such exposure; and (b) A detailed medical and smoking history from the exposed person or, if the exposed person is deceased or incapable of providing such history, from the person or persons most knowledgeable about the exposed person's medical and smoking history, or the exposed person's medical records, or both, that includes a thorough review of the exposed person's past and present medical problems and their most probable cause; (II) Setting out the details of the exposed person's occupational, medical, and smoking histories and verifying that at least 15 years have elapsed between the exposed person's first exposure to asbestos and the time of diagnosis; (III) Verifying that the exposed person has: (a) An ILO quality 1 chest X-ray taken in accordance with all applicable state and federal regulatory standards, and that the X-ray has been read by a certified B-reader according to the ILO system of classification as showing bilateral small irregular opacities (s, t, or u) graded 1/1 or higher or bilateral diffuse pleural thickening graded b2 or higher including blunting of the costophrenic angle; provided, however, that in a death case where no pathology is available, the necessary radiologic findings may be made with a quality 2 film if a quality 1 film is not available; or (b) Pathological asbestosis graded 1(B) or higher under the criteria published in the Asbestos-Associated Diseases, Special Issue of the Archives of Pathological and Laboratory Medicine, Volume 106, Number 11, Appendix 3, as amended from time to time; (IV) Verifying that the exposed person has pulmonary impairment related to asbestos as demonstrated by pulmonary function testing, performed using equipment, methods of calibration, and techniques that meet the criteria incorporated in the American Medical Association's Guides to the Evaluation of Permanent Impairment, fifth edition, and reported as set forth in 20 C.F.R. 404, Subpt. P. App 1, Part (A) Section 3.00 (E) and (F), as amended from time to time by the American Medical Association, and the interpretative standards of the American Thoracic Society, Lung Function Testing: Selection of Reference Values and Interpretive Strategies, 144 Am. Rev. Resp. Dis. 1202-1218 (1991), as amended from time to time by the American Thoracic Society, that shows: (a) Forced vital capacity below the lower limit of normal and FEV1/FVC ratio, using actual values, at or above the lower limit of normal; or (b) Total lung capacity, by plethysmography or timed gas dilution, below the lower limit of normal, except that this subdivision (17)(B)(iii)(IV) shall not apply if the medical report includes the pathological evidence set forth in clause (17)(B)(iii)(III)(b) of this Code section; (V)(a) Exception to pulmonary function test requirement in subdivision (17)(B)(iii)(IV) of this Code section: If the doctor signing the medical report

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states in the medical report that the exposed person's medical condition or process prevents the pulmonary function test described in subdivision (17)(B)(iii)(IV) of this Code section from being performed or makes the results of such test an unreliable indicator of physical impairment, a board certified internist, board certified pulmonologist, board certified pathologist, board certified occupational medicine physician, or board certified oncologist (none of whom need be a 'qualified physician' as defined in this Code section), independent from the physician signing the report required in this subdivision, must provide a report which states to a reasonable degree of medical probability that the exposed person has or had a nonmalignant asbestos related condition causing physical impairment equivalent to that required in subdivision (17)(B)(iii)(IV) of this Code section and states the reasons why the pulmonary function test could not be performed or would be an unreliable indicator of physical impairment. (b) Exception to X-ray requirement in clause (17)(B)(iii)(III)(a) of this Code section: Alternatively and not to be used in conjunction with clause (17)(B)(iii)(V)(a) of this Code section, if the doctor signing the medical report states in the medical report that the exposed person's medical condition or process prevents a physician from being able to diagnose or evaluate that exposed person sufficiently to make a determination as to whether that exposed person meets the requirements of clause (17)(B)(iii)(III)(a) of this Code section, the claimant may serve on each defendant a report by a board certified internist, board certified pulmonologist, board certified pathologist, board certified occupational medicine physician, or board certified oncologist (none of whom need be a 'qualified physician' as defined in this Code section) that:
(1) Verifies that the physician has or had a doctor patient relationship with the exposed person; (2) Verifies that the exposed person has or had asbestos related pulmonary impairment as demonstrated by pulmonary function testing showing:
(A) Forced vital capacity below the lower limit of normal and total lung capacity, by plethysmography, below the lower limit of normal; or (B) Forced vital capacity below the lower limit of normal and FEV1/FVC ratio (using actual values) at or above the lower limit of normal; and (3) Verifies that the exposed person has a chest X-ray and computed tomography scan or high resolution computed tomography scan read by the physician or a board certified internist, board certified pulmonologist, board certified pathologist, board certified occupational medicine physician, board certified oncologist, or board certified radiologist (none of whom need be a 'qualified physician' as defined in this Code section) showing either bilateral pleural disease or bilateral parenchymal disease diagnosed and reported as being a consequence of asbestos exposure; and

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(VI) Verifies that the doctor signing the medical report has concluded to a reasonable degree of medical probability that exposure to asbestos was a substantial contributing factor to the exposed person's physical impairment. Copies of the B-reading, the pulmonary function tests, including printouts of the flow volume loops and all other elements required to demonstrate compliance with the equipment, quality, interpretation, and reporting standards set forth in this paragraph (17), the medical report (in the form of an affidavit as required by subparagraph (A) of paragraph (2) of Code Section 51-14-6), and all other required reports shall be submitted as required by this chapter. All such reports, as well as all other evidence used to establish prima-facie evidence of physical impairment, must comply, to the extent applicable, with the technical recommendations for examinations, testing procedures, quality assurance, quality controls, and equipment in the American Medical Association's Guides to the Evaluation of Permanent Impairment, fifth edition, as amended from time to time by the American Medical Association, and the most current version of the Official Statements of the American Thoracic Society regarding lung function testing. Testing performed in a hospital or other medical facility that is fully licensed and accredited by all appropriate regulatory bodies in the state in which the facility is located is presumed to meet the requirements of this chapter. This presumption may be rebutted by evidence demonstrating that the accreditation or licensing of the hospital or other medical facility has lapsed or by providing specific facts demonstrating that the technical recommendations for examinations, testing procedures, quality assurance, quality control, and equipment have not been followed. All such reports, as well as all other evidence used to establish prima-facie evidence of physical impairment, must not be obtained through testing or examinations that violate any applicable law, regulation, licensing requirement, or medical code of practice and must not be obtained under the condition that the exposed person retain legal services in exchange for the examination, testing, or screening. Failure to attach the required reports or demonstration by any party that the reports do not satisfy the standards set forth in this paragraph (17) shall result in the dismissal of the asbestos claim, without prejudice, upon motion of any party. (18) In the context of a silica claim, 'prima-facie evidence of physical impairment' means: (A) For a silica claim that accrued before April 12, 2005, that a physician licensed to practice medicine (who need not be a 'qualified physician' as defined in this Code section) has signed a medical report certifying to a reasonable degree of medical probability that the exposed person's exposure to silica was a contributing factor to the claimed injury and attached whatever evidence the physician relied upon in determining that the exposed person has or had a silica related injury; and (B) For a silica claim that accrued on or after May 1, 2007: (i) A medical report asserting that the exposed person has or had a silica related lung cancer and: (I) Certifying to a reasonable degree of medical probability that the cancer is a primary lung cancer; and

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(II) Signed by a board certified internist, board certified pulmonologist, board certified pathologist, board certified occupational medicine physician, or board certified oncologist stating to a reasonable degree of medical probability that exposure to silica was a substantial contributing factor to the lung cancer with underlying silicosis demonstrated by an X-ray that has been read by a certified B-reader according to the ILO system of classification as showing bilateral nodular opacities (p, q, or r) occurring primarily in the upper lung fields, graded 1/1 or higher, and that the lung cancer was not more probably the sole result of causes other than the silica exposure revealed by the exposed person's occupational, silica exposure, medical, and smoking histories; (ii) A medical report asserting that the exposed person has or had silica related progressive massive fibrosis or acute silicoproteinosis, or silicosis complicated by documented tuberculosis, signed by a board certified internist, board certified pulmonologist, board certified pathologist, board certified occupational medicine physician, or board certified oncologist; or (iii) A medical report signed by a board certified internist, board certified pulmonologist, board certified pathologist, board certified occupational medicine physician, or board certified oncologist stating that the exposed person suffers from other stages of nonmalignant disease related to silicosis other than those set forth in divisions (i) and (ii) of this paragraph, and: (I) Verifying that the doctor signing the medical report or a medical professional or professionals employed by and under the direct supervision and control of that doctor has taken histories as defined below or, alternatively, confirming that the signing doctor is relying on such histories taken or obtained by another physician or physicians who actually treated the exposed person or who had a doctorpatient relationship with the exposed person or by a medical professional or professionals employed by and under the direct supervision and control of such other physician or physicians, with such histories to consist of the following:
(a) A detailed occupational and exposure history from the exposed person or, if the exposed person is deceased or incapable of providing such history, from the person or persons most knowledgeable about the exposures that form the basis for the silica claim. The history shall include all of the exposed person's principal employments and his or her exposures to airborne contaminants that can cause pulmonary impairment, including, but not limited to, asbestos, silica, and other disease-causing dusts, and the nature, duration, and level of any such exposure; and (b) A detailed medical and smoking history from the exposed person or, if the exposed person is deceased or incapable of providing such history, from the person or persons most knowledgeable about the exposed person's medical and smoking history, or the exposed person's medical records, or both, that includes a thorough review of the exposed person's past and present medical problems and their most probable cause;

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(II) Setting out the details of the exposed person's occupational, medical, and smoking histories and verifying a sufficient latency period for the applicable stage of silicosis; (III) Verifying that the exposed person has at least Class 2 or higher impairment due to silicosis, as set forth in the American Medical Association's Guides to the Evaluation of Permanent Impairment, fifth edition, as amended from time to time by the American Medical Association and:
(a) Has an ILO quality 1 chest X-ray taken in accordance with all applicable state and federal regulatory standards, and that the X-ray has been read by a certified B-reader according to the ILO system of classification as showing bilateral nodular opacities (p, q, or r) occurring primarily in the upper lung fields, graded 1/1 or higher; provided, however, that in a death case where no pathology is available, the necessary radiologic findings may be made with a quality 2 film if a quality 1 film is not available; or (b) Has pathological demonstration of classic silicotic nodules exceeding 1 centimeter in diameter as set forth in 112 Archives of Pathological & Laboratory Medicine 7 (July 1988), as amended from time to time; and (IV) Verifying that the doctor signing the medical report has concluded to a reasonable degree of medical probability that the exposure to silica was a substantial contributing factor to the exposed person's physical impairment. Copies of the B-reading, the pulmonary function tests, including printouts of the flow volume loops and all other elements required to demonstrate compliance with the equipment, quality, interpretation, and reporting standards set forth in this paragraph (18), and the medical report (in the form of an affidavit as required by subparagraph (A) of paragraph (2) of Code Section 51-14-6), and all other required reports shall be submitted as required by this chapter. All such reports, as well as all other evidence used to establish prima-facie evidence of physical impairment, must comply, to the extent applicable, with the technical recommendations for examinations, testing procedures, quality assurance, quality controls, and equipment in the American Medical Association's Guides to the Evaluation of Permanent Impairment, fifth edition, as amended from time to time by the American Medical Association, and the most current version of the Official Statements of the American Thoracic Society regarding lung function testing. Testing performed in a hospital or other medical facility that is fully licensed and accredited by all appropriate regulatory bodies in the state in which the facility is located is presumed to meet the requirements of this chapter. This presumption may be rebutted by evidence demonstrating that the accreditation or licensing of the hospital or other medical facility has lapsed or by providing specific facts demonstrating that the technical recommendations for examinations, testing procedures, quality assurance, quality control, and equipment have not been followed. All such reports, as well as all other evidence used to establish prima-facie evidence of physical impairment, must not be obtained through testing or examinations that violate any applicable law, regulation, licensing requirement, or medical code of practice, and must not be obtained under the

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condition that the exposed person retain legal services in exchange for the examination, testing, or screening. Failure to attach the required reports or demonstration by any party that the reports do not satisfy the standards set forth in this paragraph (18) shall result in the dismissal of the silica claim, without prejudice, upon motion of any party. (19) 'Qualified physician' means a medical doctor, who:
(A) Spends no more than 35 percent of his or her professional practice time in providing consulting or expert services in connection with actual or potential civil actions, and whose medical group, professional corporation, clinic, or other affiliated group earns not more than 50 percent of its revenues from providing such services; provided, however, that the trial court, in its discretion, may allow a physician who meets the other requirements of this chapter but does not meet the time and revenue requirements of this subparagraph to submit a report required by this chapter if the trial court first makes an evidentiary finding (after all parties have had a reasonable opportunity to present evidence) that it would be manifestly unjust not to allow the physician at issue to submit the report and makes specific and detailed findings, setting forth the bases therefor, that the physician's opinions appear to be reliable medical opinions in that they are supported by documented, reliable medical evidence that was obtained through testing or examinations that comply with and do not violate any applicable law, regulation, licensing requirement, or medical code of practice and that the opinions are not the product of bias or the result of financial influence due to his or her role as a paid expert. The cost of retaining another physician who is qualified pursuant to this subparagraph for the purpose of submitting a report required by this chapter may not be considered in determining manifest injustice, but the availability or unavailability of other physicians who meet the time and revenue requirements of this subparagraph shall be considered as a relevant factor; and (B) Does not require as a condition of diagnosing, examining, testing, screening, or treating the exposed person that legal services be retained by the exposed person or any other person pursuing an asbestos or silica claim based on the exposed person's exposure to asbestos or silica. The board certified internist, board certified pulmonologist, board certified pathologist, board certified occupational medicine physician, or board certified oncologist who submits a report under this chapter may be an expert witness retained by counsel for the exposed person or claimant, so long as the physician otherwise meets the requirements of this chapter and any other applicable Code sections governing the qualifications of expert witnesses. (20) 'Silica' means a group of naturally occurring crystalline forms of silicon dioxide, including, but not limited to, quartz and silica sand, whether in the form of respirable free silica or any quartz-containing or crystalline silica-containing dust, in the form of a quartz-containing by-product or crystalline silica-containing by-product, or dust released from individual or commercial use, release, or disturbance of silica sand, silicon dioxide, or crystalline-silica containing media, consumables, or materials.

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(21)(A) 'Silica claim' means any claim, wherever or whenever made, for damages, losses, indemnification, contribution, loss of consortium, or other relief arising out of, based on, or in any way related to the health effects of exposure to silica, including, but not limited to:
(i) Any claim, to the extent recognized by applicable state law now or in the future, for:
(I) Personal injury or death; (II) Mental or emotional injury; (III) Risk or fear of disease or other injury; or (IV) The costs of medical monitoring or surveillance; and (ii) Any claim made by or on behalf of an exposed person or based on that exposed person's exposure to silica, including a representative, spouse, parent, child, or other relative of the exposed person. (B) 'Silica claim' shall not mean a claim brought under: (i) A workers compensation law administered by this state to provide benefits, funded by a responsible employer or its insurance carrier, for occupational diseases or injuries or for disability or death caused by occupational diseases or injuries; (ii) The Act of April 22, 1908, known as the Federal Employers Liability Act, 45 U.S.C. Section 51, et seq.; (iii) The Longshore and Harbor Workers Compensation Act, 33 U.S.C. Sections 901-944, 948-950; or (iv) The Federal Employees Compensation Act, 5 U.S.C. Chapter 81. (22) 'Silicosis' means nodular interstitial fibrosis of the lung produced by inhalation of silica. (23) 'Substantial contributing factor' means that exposure to asbestos or silica took place on a regular basis over an extended period of time and in close proximity to the exposed person and was a factor without which the physical impairment in question would not have occurred. (24) 'Total lung capacity' means the volume of gas contained in the lungs at the end of a maximal inspiration.
51-14-4. (a) Prima-facie evidence of physical impairment of the exposed person as defined in paragraph (17) or (18) of Code Section 51-14-3 shall be an essential element of an asbestos claim or silica claim. (b) In order to bring or maintain an asbestos claim or silica claim, the claimant shall submit prima-facie evidence of physical impairment in accordance with the requirements of this chapter.
51-14-5. Notwithstanding any other provision of law, with respect to any asbestos claim or silica claim not barred as of May 1, 2007, the limitations period shall not begin to run until

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the exposed person, or any plaintiff making an asbestos claim or silica claim based on the exposed person's exposure to asbestos or silica, obtains, or through the exercise of reasonable diligence should have obtained, prima-facie evidence of physical impairment, as defined in paragraph (17) or (18) of Code Section 51-14-3.
51-14-6. Subject to the provisions of Code Section 51-14-12:
(1) Any asbestos claim or silica claim pending in this state on May 1, 2007, shall be dismissed within 180 days after May 1, 2007, without prejudice unless:
(A) All parties stipulate by no less than 60 days prior to the commencement of trial that the plaintiff has established prima-facie evidence of physical impairment with respect to an asbestos claim or silica claim; or (B) The trial court in which the complaint was initially filed issues an order that the plaintiff has established prima-facie evidence of physical impairment with respect to an asbestos claim or silica claim. Such an order shall be issued only if the following conditions and procedures are met:
(i) By no less than 60 days prior to the commencement of trial, the plaintiff files with the trial court and serves on each defendant named in the complaint or on counsel designated by each defendant the medical documentation necessary to establish prima-facie evidence of physical impairment; (ii) Within 30 days of service of plaintiff's documentation establishing prima-facie evidence of physical impairment, any defendant may file an opposition with the trial court challenging plaintiff's prima-facie evidence of physical impairment. To the extent any such opposition is based upon the medical opinion of a licensed physician, that physician shall be a qualified physician, as that term is defined in subparagraph (A) of paragraph (19) of Code Section 51-14-3, and shall be either a board certified internist, a board certified pathologist, a board certified pulmonologist, a board certified occupational medicine physician, a board certified oncologist, or a certified B-reader. Defendant's opposition shall be filed with the trial court and served on plaintiff's counsel and each defendant; (iii) If a defendant does not file an opposition within the time permitted, the trial court shall determine if the plaintiff has established prima-facie evidence of physical impairment in a timely manner based on the papers and documentation submitted to the trial court; (iv) If a defendant files an objection, then within ten days of service of defendant's opposition, the plaintiff may file a reply with the trial court. The reply must be served on each defendant; and (v) The trial court shall determine if the plaintiff has established prima-facie evidence of physical impairment in a timely manner based on the papers and documentation submitted to the trial court. A hearing will be conducted only if the trial court so orders on its own motion or if, in the exercise of discretion, the trial court grants a party's request for a hearing. No testimony shall be taken at the hearing. A decision of the trial court not to grant a request for a hearing may not

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be appealed and does not constitute reversible error. If the trial court determines that the plaintiff has failed to establish prima-facie evidence of physical impairment, it shall dismiss the plaintiff's complaint without prejudice; In the event a trial is scheduled to commence in less than 60 days after May 1, 2007, a trial court can shorten the deadlines contained in this paragraph as necessary in order to make a determination regarding the prima-facie evidence of physical impairment before trial commences; and (2)(A) The plaintiff in any asbestos claim or silica claim filed in this state on or after May 1, 2007, shall file together with the complaint a medical report (which shall be in the form of an affidavit) and accompanying documentation setting forth the medical findings necessary to establish prima-facie evidence of physical impairment as provided in paragraph (17) or (18) of Code Section 51-14-3. In addition, the plaintiff's complaint shall allege with specificity that the plaintiff satisfies the prima-facie evidence of physical impairment with respect to an asbestos claim or silica claim. (B) Within 90 days of service of plaintiff's complaint, any defendant may file an opposition with the trial court challenging plaintiff's prima-facie evidence of physical impairment. To the extent any such opposition is based upon the medical opinion of a licensed physician, that physician shall be a qualified physician, as that term is defined in subparagraph (A) of paragraph (19) of Code Section 51-14-3, and shall be either a board certified internist, a board certified pathologist, a board certified pulmonologist, a board certified occupational medicine physician, a board certified oncologist, or a certified B-reader. Defendant's opposition shall be filed with the trial court and served on plaintiff's counsel and each defendant. (C) If the defendant does not file an opposition challenging plaintiff's prima-facie evidence of physical impairment within the time permitted, the trial court shall determine if the plaintiff has established prima-facie evidence of physical impairment based on the papers and documentation submitted to the trial court. The trial court's decision shall be made in a timely manner. (D) If the defendant files an objection, the plaintiff may file a reply with the trial court within ten days of service of defendant's opposition. The reply must be served on each defendant. (E) The trial court shall determine if the plaintiff has established prima-facie evidence of physical impairment with respect to an asbestos claim or silica claim in a timely manner based on the papers and documentation submitted to the trial court. A hearing will be conducted only if the trial court so orders on its own motion, or if, in the exercise of discretion, the trial court grants a party's request for a hearing. No testimony shall be taken at the hearing. A decision of the trial court not to grant a request for a hearing may not be appealed and does not constitute reversible error. If the trial court determines that the plaintiff has failed to establish prima-facie evidence of physical impairment, it shall dismiss the plaintiff's complaint without prejudice.

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51-14-7. (a) All asbestos claims and silica claims filed in this state on or after May 1, 2007, shall include with the complaint a sworn information form containing the following information:
(1) The exposed person's name, address, date of birth, social security number, and marital status; (2) If the exposed person alleges exposure to asbestos or silica through the testimony of another person or other than by direct or bystander exposure to a product or products, the name, address, date of birth, social security number, and marital status for each person by which claimant alleges exposure, hereafter the 'index person,' and the claimant's relationship to each such person; (3) The specific location of each alleged exposure; (4) The specific asbestos-containing product or silica-containing product to which the exposed person was exposed and the manufacturer of each product; (5) The beginning and ending dates of each alleged exposure as to each asbestoscontaining product or silica-containing product for each location at which exposure allegedly took place for plaintiff and for each index person; (6) The occupation and name of employer of the exposed person at the time of each alleged exposure; (7) The specific condition related to asbestos or silica claimed to exist; (8) Any supporting documentation of the condition claimed to exist; and (9) The identity of any bankruptcy trust to which a claim has been submitted concerning any asbestos or silica injury of the exposed person, attaching any claim form or other information submitted to such trust or trusts with respect to the exposed person. Plaintiff must also identify any bankruptcy trust that the plaintiff believes is or may be liable for all or part of the injury at issue, even if a claim has not been submitted to that trust at the time the complaint is filed. (b) If a plaintiff filing an asbestos claim or silica claim fails to file with the complaint a sworn information form or files a sworn information form that is allegedly defective or incomplete, and one or more defendants allege, with specificity, by motion to dismiss filed on or before the close of discovery, that said sworn information form is missing, defective, or incomplete, the plaintiff's complaint shall be dismissed without prejudice for failure to state a claim, except that the plaintiff may file the sworn information form or cure the alleged defect or omission any time between service of the motion to dismiss and 30 days after any order of dismissal identifying the defective or missing item or items. The trial court may, in the exercise of its discretion, extend the time for filing the missing information as it shall determine justice requires. (c) All asbestos claims and silica claims along with sworn information forms must be individually filed in separate civil actions except that claims relating to the exposure to asbestos or silica for the same exposed person whose alleged injury is the basis for the civil action may be joined in a single action. Otherwise, no claims on behalf of a group or class of persons shall be joined in single civil action.

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51-14-8. (a) Until such time as the trial court enters an order determining that the plaintiff has established prima-facie evidence of physical impairment, no asbestos claim or silica claim shall be subject to discovery, except discovery related to establishing or challenging the prima-facie evidence of physical impairment or by order of the trial court upon motion of one of the parties and for good cause shown. (b) The medical criteria set forth in this chapter to establish prima-facie evidence of physical impairment are solely for the purpose of determining whether a claim meets the criteria to proceed in court. The fact that a plaintiff satisfies the criteria necessary to establish prima-facie evidence of physical impairment for an asbestos claim or silica claim shall not be construed as an admission or determination that the exposed person in fact has a condition related to exposure to asbestos or silica and shall not be cited, referred to, or otherwise used at trial. (c) Unless stipulated to by the parties, an expert report submitted for the purpose of establishing or challenging prima-facie evidence of physical impairment is inadmissible for any other purpose.
51-14-9. (a) Notwithstanding Code Section 1-2-6 or 1-2-10, a civil action alleging an asbestos claim or silica claim may only be brought or maintained in the courts of Georgia if the plaintiff, whether a citizen of Georgia or a citizen of some other state, is a resident of Georgia at the time of filing the action or the exposure to asbestos or silica on which the claim is based occurred in Georgia; provided, however, nothing contained in this chapter shall preclude a nonresident of Georgia who currently has a case pending in this state that was filed before April 12, 2005 from maintaining that asbestos claim or silica claim if that nonresident can establish prima-facie evidence of physical impairment with respect to an asbestos claim or silica claim as provided in paragraph (17) or (18) of Code Section 51-14-3. Civil actions alleging an asbestos claim or silica claim filed on or after May 1, 2007, must comply with the forum provisions set forth in this Code section. Civil actions alleging an asbestos claim or silica claim filed on or after April 12, 2005 and before May 1, 2007, must comply with the forum provisions of Code Section 51-14-8, as enacted on April 12, 2005, by 2005 Act No. 29 (Ga. L. 2005, p. 145) as they existed prior to May 1, 2007. (b) The trial court, on motion of a defendant, shall dismiss each asbestos claim or silica claim that is subject to this chapter against the defendant unless the plaintiff files a written statement with the trial court electing to abate the plaintiff's claim against the defendant for a period of 180 days from the date the trial court disposes of the defendant's motions in order to afford the plaintiff an opportunity to file a new action on the claims in another state of the United States.
(c)(1) A trial court may not abate or dismiss a claim under this Code section until the defendant files with the trial court or with the clerk of the court a written stipulation that, with respect to a new action on the claim commenced by the plaintiff, the defendant waives the right to assert a statute of limitations defense in all other states

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of the United States in which the claim was not barred by limitations at the time the claim was filed in this state as necessary to effect a tolling of the limitations periods in those states beginning on the date the claim was filed in this state and ending on the date the claim is dismissed or the period of abatement ends. The fact that a claim subject to this Code section was barred by the statute of limitations in all other states of the United States at the time it was filed in this state shall not prevent the claim from being dismissed pursuant to this Code section and such claim shall be dismissed even if it can not be filed in another state. The trial court may not abate or dismiss a claim under this Code section until the defendant files with the trial court or with the clerk of the court a written stipulation that, with respect to a new action on the claim commenced by the plaintiff in another state of the United States, the plaintiff may elect that the plaintiff and the defendant may rely on responses to discovery already provided under Georgia law, plus any additional discovery that may be conducted under the rules of civil procedure in another state, or use responses to discovery already provided and conduct additional discovery as permitted under the rules of civil procedure in such other state. (2) If less than all of the defendants agree to provide the stipulations set forth in paragraph (1) of this subsection, then the court shall dismiss the claims against those defendants who so stipulate. (d) To comply with this Code section in relation to an action that involves both claims that arose in this state and claims that arose outside this state, a trial court shall consider each claim individually and shall sever from the action the claims that are subject to this Code section. (e) If a plaintiff alleges that the exposed person was exposed to asbestos or silica while located in more than one jurisdiction, the trial court shall determine, for purposes of this Code section, which of the jurisdictions is the most appropriate forum for the claim, considering the relative amounts and lengths of the exposed person's exposure to asbestos or silica in each jurisdiction.
51-14-10. Notwithstanding any other provision of law, an asbestos claim or silica claim that meets the requirements of this chapter permitting a claim to be filed in this state may only be filed in the county where the plaintiff resides or a county in which the exposure to asbestos or silica on which the claim is based occurred. If a plaintiff alleges that an exposed person was exposed to asbestos or silica while located in more than one county, the trial court shall determine which of the counties is the most appropriate forum for the claim, considering the relative amounts and lengths of the exposed person's exposure to asbestos or silica in each of those counties.
51-14-11. A trial court may consolidate for trial any number and type of asbestos claims or silica claims with the consent of all the parties. In the absence of such consent, the trial court

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may consolidate for trial only asbestos claims or silica claims relating to the same exposed person and members of his or her household.
51-14-12. (a) Asbestos claims and silica claims that accrued before April 12, 2005, or that will accrue on or after May 1, 2007, shall be governed by this chapter, as it exists on May 1, 2007. Asbestos claims and silica claims that accrued on or after April 12, 2005, and before May 1, 2007, shall be governed by Chapter 14 of Title 51, as enacted on April 12, 2005, by 2005 Act No. 29 (Ga. L. 2005, p. 145). (b) Notwithstanding the foregoing, all asbestos claims and silica claims filed on or after April 12, 2005, and before May 1, 2007, shall be subject to and comply with the provisions of Code Sections 51-14-6, 51-14-7, 51-14-8, 51-14-9, and 51-14-10, as enacted on April 12, 2005, by 2005 Act No. 29 (Ga. L. 2005, p 145). All asbestos claims and silica claims filed on or after May 1, 2007, shall be subject to and comply with Code Sections 51-14-7, 51-14-8, 51-14-9, 51-14-10, and 51-14-11, as they exist on May 1, 2007.
54-14-13. In the event any part, portion, section, subsection, paragraph, sentence, clause, phrase, or word of this chapter shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other parts, portions, sections, subsections, paragraphs, sentences, clauses, phrases, or words of this chapter which shall remain of full force and effect as if the part, portion, section, subsection, paragraph, sentence, clause, phrase, or word so declared or adjudged invalid or unconstitutional were not originally a part hereof. For example, if a court determines that a particular word renders any portion or application of this chapter unconstitutional, in that event, the court shall strike that word and apply this chapter as if it were enacted without that word. The General Assembly declares that it would have passed the remaining parts of this chapter if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. The General Assembly does not intend for this chapter to make any substantive change in the law governing claims that accrued before April 12, 2005, and has only included procedural provisions that govern where such claims can be filed and what early reports must be filed in such cases. This chapter shall be interpreted consistently with the General Assembly's intention not to make any substantive changes in the law applicable to cases that accrued before April 12, 2005. The General Assembly expressly declares its intent that Code Section 51-14-9 remain in full force and effect if any other part or parts of this chapter shall be declared or adjudged invalid or unconstitutional. The General Assembly further expressly declares its intent that, in the event any part, portion, section, subsection, paragraph, sentence, clause, phrase, or word of this chapter shall be declared or adjudged invalid or unconstitutional as applied to asbestos claims or silica claims that accrued before April 12, 2005, such adjudication shall in no manner affect the applicability of any part,

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portion, section, subsection, paragraph, sentence, clause, phrase, or word of this chapter to asbestos claims or silica claims that accrued or may accrue on or after May 1, 2007."
SECTION 2. Said Title 51 of the Official Code of Georgia Annotated, relating to torts, 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 argued to be liable only as successor corporations. This liability has created an overpowering public necessity to provide an immediate, clarifying, and remedial legislative solution. The General Assembly intends that the cumulative recovery by all asbestos claimants from innocent successors be limited, and intends to simply clarify and fix 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 finds that Pennsylvania, Ohio, Texas, Mississippi, Florida, and South Carolina have enacted legislation similar to this chapter that, among other things, provides limitations of liabilities for asbestos claims for innocent successors. The General Assembly 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. The General Assembly further finds that Georgia's successor liability statutes were never intended or contemplated to impose liability on successors in the situation covered by this chapter.
51-15-2. As used in this chapter, the term:
(1)(A) 'Asbestos claim' means any claim, wherever or whenever made, for damages, losses, indemnification, contribution, loss of consortium, or other relief arising out of, based on, or in any way related to the health effects of exposure to asbestos, including, but not limited to:
(i) Any claim, to the extent recognized by applicable state law now or in the future, for:
(I) Personal injury or death; (II) Mental or emotional injury; (III) Risk or fear of disease or other injury; (IV) The costs of medical monitoring or surveillance; or (V) Damage or loss caused by the installation, presence, or removal of asbestos; and

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(ii) 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. (B) 'Asbestos claim' shall not mean a claim brought under: (i) A workers compensation law administered by this state to provide benefits, funded by a responsible employer or its insurance carrier, for occupational diseases or injuries or for disability or death caused by occupational diseases or injuries; (ii) The Act of April 22, 1908, known as the Federal Employers Liability Act, 45 U.S.C. Section 51, et seq.; (C) The Longshore and Harbor Workers Compensation Act, 33 U.S.C. Sections 901-944, 948-950; or (D) The Federal Employees Compensation Act, 5 U.S.C. Chapter 81. (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. (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 domestic or foreign corporation that is a successor and became a successor before January 1, 1972, or is any of that successor corporation's successor corporation. (b) The limitations contained in Code Section 51-15-4 do not apply to:
(1) Any claim against a corporation that does not constitute a successor asbestos related liability; (2) An insurance corporation;

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(3) Any obligations under the federal National Labor Relations Act or under any collective bargaining agreement; or (4) 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 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 third-party 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 collectable 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. For purposes of this subsection, a settlement with an insurance company shall fix what amount of coverage was collectable.
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:

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(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 provided 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.
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.
51-15-8. If any part, portion, section, subsection, paragraph, sentence, clause, phrase, or word of this chapter, or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect the other parts, portions, sections, subsections, paragraphs, sentences, clauses, phrases, or words or applications of this chapter that can be given effect without the invalid part, portion, section, subsection, paragraph, sentence, clause, phrase, or word or application, and to this end the parts, portions, sections, subsections, paragraphs, sentences, clauses, phrases, and words of this chapter are declared severable."
SECTION 3. In the event any part, portion, section, subsection, paragraph, sentence, clause, phrase, or word of Section 1 of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the validity or applicability of any part, portion, section, subsection, paragraph, sentence, clause, phrase, or word of Section 2 of this Act, which shall remain of full force and effect as if the part, portion, section, subsection, paragraph, sentence, clause, phrase, or word so declared or adjudged invalid or unconstitutional were not originally a part hereof. Likewise, in the event any part, portion, section, subsection, paragraph, sentence, clause, phrase, or word of Section 2 of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the validity or applicability of any part, portion, section, subsection, paragraph, sentence, clause, phrase, or word of Section 1 of this Act, which shall remain

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of full force and effect as if the part, portion, section, subsection, paragraph, sentence, clause, phrase, or word 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 any part or parts hereof would be declared or adjudged invalid or unconstitutional.

SECTION 4. Section 1 of this Act shall become effective on May 1, 2007, and shall apply to certain accrued or future accruing asbestos claims or silica claims in which trial has not commenced as of May 1, 2007, in accordance with its terms. Section 2 of this Act shall become effective on May 1, 2007, and shall apply to asbestos claims that accrued or may accrue on or after that date.

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 N Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant Y Buckner
Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B Y Casas E Chambers Y Channell Y Cheokas Y Coan Y Cole

Y Dempsey Y Dickson 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 Frazier E Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson
Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B
Lane, R Y Levitas Y Lewis

Y Martin Y Maxwell Y May
McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B
Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre
Stanley-Turner E Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson

TUESDAY, APRIL 17, 2007

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Y Coleman Y Collins Y Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A E Holmes

Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Wilkinson Y Willard E Williams, A Y Williams, E Y Williams, M Y Williams, R Y 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.

Due to a mechanical malfunction, the vote of Representative Jenkins of the 8th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Brooks of the 63rd 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 79.

By Senators Hamrick of the 30th, Smith of the 52nd, Cowsert of the 46th and Carter of the 13th:

A BILL to be entitled an Act to amend Chapter 4 of Title 16 of the Official Code of Georgia Annotated, relating to criminal attempt, conspiracy, and solicitation, so as to increase the maximum punishment for convictions for criminal attempt to commit felonies punishable by death or life imprisonment; 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:

N Abdul-Salaam N Abrams Y Amerson N Ashe Y Barnard Y Bearden E Beasley-Teague
Benfield Y Benton

Y Dempsey Y Dickson Y Dollar Y Drenner N Dukes Y Ehrhart Y England Y Epps Y Everson

Y Holt Y Horne Y Houston
Howard Y Hudson N Hugley N Jackson Y Jacobs N James

Y Martin Y Maxwell Y May
McCall Y McKillip Y Meadows Y Millar Y Mills N Mitchell

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B
Sims, C Y Sims, F

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Y Black Y Bridges N Brooks
Bruce N Bryant Y Buckner
Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas E Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M Y Crawford, R N Davis, H Y Davis, S Y Day

Y Fleming Y Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin N Frazier E Freeman N Gardner Y Geisinger Y Glanton Y Golick N Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A E Holmes

Y Jamieson Y Jenkins Y Jerguson Y Johnson, C N Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Knight N Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham E Manning Y Marin

E Morgan Y Morris N Mosby N Mumford N Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston N Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre
Stanley-Turner E Starr Y Stephens N Stephenson Y Talton Y Teilhet N Thomas, A.M Y Thomas, B Y Tumlin Y Walker N Watson Y Wilkinson Y Willard E Williams, A N Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 126, nays 34.

The Bill, having received the requisite constitutional majority, was passed.

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

SB 17.

By Senators Harp of the 29th, Unterman of the 45th, Hooks of the 14th, Mullis of the 53rd, Harbison of the 15th and others:

A BILL to be entitled an Act to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to authorize certain optometrists to prescribe and administer oral and topical pharmaceutical agents related to the diagnosis or treatment of diseases and conditions of the eye and adnexa oculi except Schedule I and Schedule II controlled substances; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following report of the Committee of Conference was read:

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COMMITTEE OF CONFERENCE REPORT ON SB 17

The Committee of Conference on SB 17 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 17 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Harp Senator, 24th District

/s/ Ehrhart Representative, 36th District

/s/ Carter Senator, 13th District

/s/ Coan Representative, 101st District

/s/ Chambers Representative, 81st 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 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 revising subparagraph (D) of paragraph (2) of Code Section 43-30-1, relating to definitions, as follows:
"(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 antibiotics, antivirals, topical steroids, antifungals, antihistamines, or antiglaucoma agents related to the diagnosis or treatment of diseases and conditions of the eye and adnexa oculi except Schedule I or Schedule

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II controlled substances. 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; provided, however, that a doctor of optometry shall not be authorized to treat systemic diseases."

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 SB 17.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Bryant Y Buckner Y Burkhalter Y Burns Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier E Freeman Y Gardner Y Geisinger Y Glanton N Golick Y Gordon Y Graves Y Greene Y Hamilton 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 E Holmes

Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox
Mangham E Manning
Marin

Y Martin Y Maxwell Y May
McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett
Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B
Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Stanley-Turner E Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard E Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker

TUESDAY, APRIL 17, 2007

2793

On the motion, the ayes were 155, nays 2.
The motion prevailed.
The following Bills and Resolution of the House were taken up for the purpose of considering the Senate substitutes or amendment thereto:
HB 357. By Representative O`Neal of the 146th:
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 define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" for certain taxable years and thereby incorporate certain provisions of the federal law into Georgia law; to provide that such provisions shall supercede and control over certain other provisions; to provide an effective date; to provide 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 define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" for certain taxable years and thereby incorporate certain provisions of the federal law into Georgia law and provide that such provisions shall supercede and control over certain other provisions; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby incorporate certain provisions of the federal law into Georgia law; to provide for effective dates; to provide 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 in Code Section 48-1-2, relating to definitions of terms, by adding a new paragraph to read as follows:
"(14.1) 'Internal Revenue Code' or 'Internal Revenue Code of 1986' means for taxable years beginning after December 31, 2005, but before January 1, 2007, the provisions of the United States Internal Revenue Code of 1986 provided for in federal law enacted on or before January 1, 2006, except that 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, Section 1400L, Section 1400N(d)(1), Section 1400N(j), and Section 1400N(k) of

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the Internal Revenue Code of 1986 shall be treated as if they were not in effect, and except that the following provisions shall be as amended by the federal Tax Relief and Health Care Act of 2006 (Pub. L. No. 109-432) as such federal act existed on December 20, 2006, and effective for purposes of Georgia taxation on the same dates upon which they became effective for federal tax purposes pursuant to said federal act: Sections 38, 41, 45A, 45N, 51, 51A, 61, 62, 106, 121, 143, 164, 168 (except 168(k) but not excepting 168(k)(2)(A)(i), 168 (k)(2)(D)(i), and 168(k)(2)(E)), 170, 179E, 198, 220, 222, 223, 263, 280C, 312, 355, 613A, 954, 1043, 1221, 1245, 1355, 1397E, 1400A, 1400B, 7623, and 7872. For such taxable years, provisions of the Internal Revenue Code of 1986 which were as of January 1, 2006, enacted into law but not yet effective shall be effective for purposes of Georgia taxation on the same dates upon which they become effective for federal tax purposes. The provisions of this paragraph shall supercede and control over any provision of paragraph (14) of this Code section to the contrary."
SECTION 2. Said title is further amended by revising paragraph (14) of Code Section 48-1-2, relating to definitions of terms, as follows:
"(14) 'Internal Revenue Code' or 'Internal Revenue Code of 1986' means for taxable years beginning on or after January 1, 2006 2007, the provisions of the United States Internal Revenue Code of 1986 provided for in federal law enacted on or before January 1, 2006 2007, 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, 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, 2006 2007, 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, 2006 2007, provisions of the Internal Revenue Code of 1986 which were as of January 1, 2006 2007, enacted into law but not yet effective shall become effective for purposes of Georgia taxation on the same dates upon which they become effective for federal tax purposes."
SECTION 3. (a) Section 1 of this Act shall become effective upon this Act's approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning after December 31, 2005, but before January 1, 2007. (b) Except as otherwise provided in subsection (a) of this section, this Act shall become effective upon this Act's approval by the Governor or upon its becoming law without

TUESDAY, APRIL 17, 2007

2795

such approval and shall be applicable to all taxable years beginning on or after January 1, 2007.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative O'Neal of the 146th moves to amend the Senate substitute to HB 357 as follows:

line 16, page 1 add after the number 1986 ", as amended,

line 20, page 1 add after the number 1986 ", as amended,"

line 2, page 2, add after the number 1986 ", as amended," line 12, page 2 add after the number 1986 ", as amended," line 16, page 2 add after the number 1986 ", as amended," line 22, page 2 add after the number 1986, ", as amended," line 23, page 2, add after the number 1986, ", as amended,".

Representative O`Neal of the 146th moved that the House agree to the Senate substitute, as amended by the House, to HB 357.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant Y Buckner
Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas

Y Dempsey Y Dickson 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 Frazier E Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon

Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T
Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox

Y Martin Y Maxwell Y May
McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B
Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner E Starr Y Stephens Y Stephenson Y Talton Y Teilhet

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Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Graves Y Greene Y Hamilton
Hanner Y Harbin Y Hatfield
Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A E Holmes

Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas
Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker
Watson Y Wilkinson Y Willard E Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the motion, the ayes were 159, nays 0.

The motion prevailed.

HB 105. By Representatives Maddox of the 172nd, McCall of the 30th, Roberts of the 154th and England of the 108th:

A BILL to be entitled an Act to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to revise certain provisions relative to poultry; to change certain provisions relating to rendering plant license requirement, expiration, and fees; to change certain provisions relating to poultry dealer, broker, and market operator license requirement and record requirements, transportation equipment, and disposal of poultry; to change certain provisions relating to hatchery operator and poultry remedy manufacturer licenses; to change certain provisions relating to use of sulfaguanidine and sulfathiazole for poultry; to repeal conflicting laws; and for other purposes.

The following Senate substitute was read:

A BILL

To amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to revise certain provisions relative to poultry; to change certain provisions relating to rendering plant license requirement, expiration, and fees; to change certain provisions relating to poultry dealer, broker, and market operator license requirement and record requirements, transportation equipment, and disposal of poultry; to change certain provisions relating to hatchery operator and poultry remedy manufacturer licenses; to change certain provisions relating to use of sulfaguanidine and sulfathiazole for poultry; to repeal conflicting laws; and for other purposes.

TUESDAY, APRIL 17, 2007

2797

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 4 of the Official Code of Georgia Annotated, relating to animals, is amended by revising Code Section 4-4-41, relating to rendering plant license requirement, expiration, and fees, as follows:
"4-4-41. It shall be unlawful for any person, firm, partnership, or corporation to engage in the business of operating a rendering plant without first applying for and obtaining a license from the Commissioner of Agriculture. Each license shall expire on December 31 of each year, and each application for a license must be accompanied by a license fee of $5.00. There shall be no fee for such license."
SECTION 2. Said title is further amended by revising subsections (a) and (c) of Code Section 4-4-82, relating to poultry dealer, broker, and market operator license requirement and record requirements, transportation equipment, and disposal of poultry, as follows:
"(a) No poultry market operator shall engage in or carry on such business without first applying for and obtaining a license from the Commissioner. No poultry dealer or broker shall engage in or carry on such business without first applying for and obtaining a license from the Commissioner. There shall be a fee of $25.00 per annum no fee for such license." "(c) No dealer, broker, or poultry market operator shall buy, store, or otherwise receive any poultry without first recording the name and address of of and other pertinent information required by the department relating to the person or persons from whom the poultry is received, and the number and type of such poultry, and the motor vehicle license tag number of the vehicle used by the person or persons to transport the poultry. The dealer, broker, or poultry market operator shall also keep records of the name and address of of and other pertinent information required by the department relating to the person or persons buying such poultry. These records shall be maintained for two years. All records shall be subject to review by the Commissioner or a representative or employee of the department."
SECTION 3. Said title is further amended by revising Code Section 4-7-3, relating to hatchery operator and poultry remedy manufacturer licenses, as follows:
"4-7-3. (a) Every person, firm, corporation, or dealer who operates a hatchery shall first register and secure a permanent license from the Commissioner. The fee for such permanent license shall be fixed by the Commissioner in an amount not to exceed $10.00 for each hatchery, dealer, or branch There shall be no fee for such license. The license shall be conspicuously displayed in each place of business. The license shall not be transferable. When any condition is revealed to exist which is not in strict

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accord with this chapter, the license may be revoked or suspended by the Commissioner, in his or her discretion. (b) Manufacturers of poultry remedies, before offering for sale each of such remedies in the state for treatment, eradication, or control of poultry diseases, shall first secure a license from and be approved by the Commissioner, at his or her discretion. The fee for such license shall be $1.00 for each remedy There shall be no fee for such license."
SECTION 4. Said title is further amended by revising Code Section 4-7-5, relating to use of sulfaguanidine and sulfathiazole for poultry, as follows:
"4-7-5. (a) It shall be lawful in this state for any recognized poultry flock owners to buy and use sulfaguanidine and sulfathiazole in original packages in powdered form only for their own requirements in the treatment of poultry diseases. Dealers in poultry supplies may buy and sell sulfaguanidine and sulfathiazole. (b) No person, firm, or corporation in this state shall sell or offer for sale sulfaguanidine or sulfathiazole unless each is plainly labeled with the words 'For Poultry Only.' Reserved."
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Representative Maddox of the 172nd moved that the House disagree to the Senate substitute to HB 105.
The motion prevailed.
HB 443. By Representatives Coan of the 101st, Pruett of the 144th, Scott of the 2nd, Teilhet of the 40th, England of the 108th 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 changes to what shall be deemed "employment"; to extend suspension of adjustments based upon the State-wide Reserve Ratio; to provide for a reduced adjustment in contribution rates through a certain time period; to provide for a change in the weekly benefit amount over a certain period; to provide a supplemental appropriation for the Department of Labor of additional funds which are otherwise available to the department; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL

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2799

To amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to provide for changes to what shall be deemed "employment"; to extend suspension of adjustments based upon the State-wide Reserve Ratio; to provide for a reduced adjustment in contribution rates through a certain time period; to provide for a change in the weekly benefit amount over a certain period; 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 34 of the Official Code of Georgia Annotated, relating to employment security, is amended in Code Section 34-8-35, relating to the term "employment," by revising subsection (f) and paragraph (17) of subsection (n) as follows:
"(f) Services performed by an individual for wages shall be deemed to be employment subject to this chapter unless and until it is shown that:
(1)(A) Such individual has been and will continue to be free from control or direction over the performance of such services, both under the individual's contract of service and in fact; and (2) Such service is outside the usual course of the business for which such service is performed or such service is performed outside of all the places of business of the enterprise for which such service is performed; and (3)(B) Such individual is customarily engaged in an independently established trade, occupation, profession, or business; or (2) Such individual and the services performed for wages are the subject of an SS-8 determination by the Internal Revenue Service, which decided against employee status." "(17) Services performed for a common carrier of property, persons, or property and persons by an individual consisting of the pickup, transportation, and delivery of property, persons, or property and persons; provided that: (A) The individual is free to accept or reject assignments from the common carrier; (B) Remuneration for the individual is on the basis of commissions, trips, or deliveries accomplished; (C) Such individual personally provides the vehicle used in the pickup, transportation, and delivery of the property, persons, or property and persons; (D) Such individual has a written contract with the common carrier; (E) The written contract states expressly and prominently that the individual knows:
(i) Of the responsibility to pay estimated social security taxes and state and federal income taxes; (ii) That the social security tax the individual must pay is higher than the social security tax the individual would pay if he or she were an employee; and (iii) That the work is not covered by the unemployment compensation laws of Georgia; and

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(F) The written contract does not prohibit such individual from the pickup, transportation, or delivery of property, persons, or property and persons for more than one common carrier or any other person or entity; or"

SECTION 2. Said chapter is further amended in Code Section 34-8-156, relating to the State-wide Reserve Ratio for unemployment compensation, by revising subparagraph (B) of paragraph (4) of subsection (d), as follows:
"(B) Except for any year or portion of a year during which the provisions of paragraph (1) of subsection (f) of Code Section 34-8-155 apply, when the Statewide Reserve Ratio, as calculated above, is less than 1.7 percent, there shall be an overall increase in the rate, as of the computation date, for each employer whose 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 periods of January 1 through December 31, 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, January 1 through December 31, 2008, and January 1 through December

31, 2009, 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,

2008, or 2009, 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

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2801

computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155."
SECTION 3. Said chapter is further amended in Code Section 34-8-193, relating to the determination of the weekly benefit amount, by revising subsections (a), (b), and (c), as follows:
"(a) The weekly benefit amount of an individual's claim shall be that amount computed by dividing the two highest quarters of wages paid in the base period by 44 42. Any fraction of a dollar shall then be disregarded. Wages must have been paid in at least two quarters of the base period and total wages in the base period must equal or exceed 150 percent of the highest quarter base period wages. For claims that fail to establish entitlement due to failure to meet the 150 percent requirement, an alternative computation shall be made. In such event, the weekly benefit amount shall be computed by dividing the highest single quarter of base period wages paid by 22 21. Any fraction of a dollar shall then be disregarded. Under this alternative computation, wages must have been paid in at least two quarters of the base period and total base period wages must equal or exceed 40 times the weekly benefit amount. Regardless of the method of computation used, wages must have been paid for insured work, as defined in Code Section 34-8-41. (b) Weekly benefit amount entitlement as computed in this Code section shall be no less than $27.00 per week for benefit years beginning on or after July 1, 1983; provided, however, that for benefit years beginning on or after July 1, 1987, when the weekly benefit amount, as computed, would be more than $26.00 but less than $37.00, the individual's weekly benefit amount will be $37.00, and no weekly benefit amount shall be established for less than $37.00; provided, further, that for benefit years beginning on or after July 1, 1997, when the weekly benefit amount, as computed, would be more than $26.00 but less than $39.00, the individual's weekly benefit amount will be $39.00, and no weekly benefit amount shall be established for less than $39.00; provided, further, that for benefit years beginning on or after July 1, 2002, when the weekly benefit amount, as computed, would be more than $26.00 but less than $40.00, the individual's weekly benefit amount will be $40.00, and no weekly benefit amount shall be established for less than $40.00; provided, further, that for benefit years beginning on or after July 1, 2005, when the weekly benefit amount, as computed, would be more than $26.00 but less than $42.00, the individual's weekly benefit amount will be $42.00, and no weekly benefit amount shall be established for less than $42.00; provided, further, that for benefit years beginning on or after July 1, 2007, when the weekly benefit amount, as computed, would be more than $26.00 but less than $44.00, the individual's weekly benefit amount will be $44.00, and no weekly benefit amount shall be established for less than $44.00. (c) Weekly benefit amount entitlement as computed in this Code section shall not exceed these amounts for the applicable time period:
(1) For claims filed on or after July 1, 1990, but before July 1, 1994, the maximum weekly benefit amount shall not exceed $185.00;

2802

JOURNAL OF THE HOUSE

(2) For claims filed on or after July 1, 1994, but before July 1, 1995, the maximum weekly benefit amount shall not exceed $195.00; (3) For claims filed on or after July 1, 1995, but before July 1, 1996, the maximum weekly benefit amount shall not exceed $205.00; (4) For claims filed on or after July 1, 1996, but before July 1, 1997, the maximum weekly benefit amount shall not exceed $215.00; (5) For claims filed on or after July 1, 1997, but before July 1, 1998, the maximum weekly benefit amount shall not exceed $224.00; (6) For claims filed on or after July 1, 1998, but before July 1, 1999, the maximum weekly benefit amount shall not exceed $244.00; (7) For claims filed on or after July 1, 1999, but before July 1, 2000, the maximum weekly benefit amount shall not exceed $264.00; (8) For claims filed on or after July 1, 2000, but before July 1, 2001, the maximum weekly benefit amount shall not exceed $274.00; (9) For claims filed on or after July 1, 2001, but before July 1, 2002, the maximum weekly benefit amount shall not exceed $284.00; (10) For claims filed on or after July 1, 2002, but before July 1, 2003, the maximum weekly benefit amount shall not exceed $295.00; (11) For claims filed on or after July 1, 2003, but before July 1, 2005, the maximum weekly benefit amount shall not exceed $300.00; (12) For claims filed on or after July 1, 2005, but before July 1, 2006, the maximum weekly benefit amount shall not exceed $310.00; and (13) For claims filed on or after July 1, 2006, but before July 1, 2008, the maximum weekly benefit amount shall not exceed $320.00; and (14) For claims filed on or after July 1, 2008, the maximum weekly benefit amount shall not exceed $330.00."

SECTION 4. 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 443.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson

Y Martin Y Maxwell Y May
McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B
Sims, C Sims, F Y Sinkfield

TUESDAY, APRIL 17, 2007

2803

Y Bridges Y Brooks
Bruce Y Bryant Y Buckner
Burkhalter Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier E Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A E Holmes

Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T
Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown E Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey
Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V Smyre Y Stanley-Turner E Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard E Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Yates Richardson, Speaker

On the motion, the ayes were 158, nays 0.

The motion prevailed.

HB 95. By Representatives Richardson of the 19th, Harbin of the 118th, Golick of the 34th, Burkhalter of the 50th, Keen of the 179th and others:

A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008; and for other purposes.

The following Senate substitute was read:

2804

JOURNAL OF THE HOUSE

SENATE APPROPRIATIONS COMMITTEE SUBSTITUTE TO H.B.95 A BILL TO BE ENTITLED AN ACT

To make and provide appropriations for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008; 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, an 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, 2007, and ending June 30, 2008:

HB 95

Governor

House

SAC

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 Admin.-Planning & Construction CFDA20.205 Foster Care Title IV-E CFDA93.658

$20,230,620,936 $20,230,620,936 $20,230,620,936

$3,063,194

$3,063,194

$3,063,194

$841,554,506 $841,554,506 $841,554,506

$922,844,400 $922,844,400 $922,844,400

$18,314,814,495 $18,314,814,495 $18,314,814,495

$148,344,341 $148,344,341 $148,344,341

$10,317,397,172 $10,097,667,417 $10,033,941,835

$81,488,750 $81,488,750 $81,488,750

$92,809,079 $92,809,079 $92,809,079

$12,840,422 $12,840,422 $12,840,422

$17,189,252 $17,189,252 $17,189,252

$2,123,731,900 $2,124,192,634 $2,074,273,735

$1,316,295,175 $1,316,295,175 $1,310,432,809

$94,992,741 $94,992,741 $107,996,406

TUESDAY, APRIL 17, 2007

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 Grant CFDA93.959 Preventive Health & Health Services Block Grant CFDA93.991 Social Services Block Grant CFDA93.667 State Children's Insurance Program CFDA93.767 Temporary Assistance for Needy Families
Temporary Assistance for Needy Families Grant CFDA93.558 TANF Transfers to Child Care Development Fund per 42 USC 604 TANF Unobligated Balance per 42 USC 604 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures TANF Maintenance-of-Effort from External Sources Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances General Obligation Debt Reserve-State General Funds General Obligation Debt Reserve-State Motor Fuel Funds Reserved Fund Balances Not Itemized Interest and Investment Income Interest and Investment Income Not Itemized Intergovernmental Transfers Hospital Authorities 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 Record Center Storage Fees Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized

$18,970,241 $17,348,033 $5,662,150,871 $50,960,435 $4,203,961 $50,566,792 $265,029,680 $368,024,967 $368,024,967
$140,794,873 $3,840,852,360
$27,169,821 $20,000,000 $7,169,821 $317,846,073
$317,846,073 $5,811,025 $5,811,025
$1,914,844,388 $229,301,343
$1,685,543,045 $65,427,996 $65,427,996 $6,077,075 $6,077,075
$1,503,185,932 $435,771
$1,502,750,161 $490,050 $490,050

$18,970,241 $17,348,033 $5,465,549,368 $50,960,435 $4,203,961 $50,566,792 $241,440,694 $368,024,967 $368,024,967
$140,794,873 $3,763,224,936
$27,169,821 $20,000,000 $7,169,821 $239,886,436
$239,886,436 $5,811,025 $5,811,025
$1,914,844,388 $229,301,343
$1,685,543,045 $65,427,996 $65,427,996 $6,077,075 $6,077,075
$1,503,518,145 $435,771
$1,503,082,374 $490,050 $490,050

$18,970,241 $17,348,033 $5,512,108,105 $50,960,435 $4,203,961 $50,566,792 $241,440,694 $368,024,967 $338,324,967 $29,700,000 $73,288,154 $3,895,252,484 $53,169,821 $46,000,000 $7,169,821 $346,019,580 $67,648,144 $37,385,000 $240,986,436 $3,020,699 $3,020,699 $1,914,844,388 $229,301,343 $1,685,543,045 $65,427,996 $65,427,996 $6,077,075 $6,077,075 $1,506,202,875
$435,771 $1,505,767,104
$490,050 $490,050

2805

2806

JOURNAL OF THE HOUSE

TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Accounting System Assessments Administrative Hearing Payments Agency to Agency Contracts Air Transportation Charges Health Insurance Payments Legal Services - Client Reimbursable per OCGA 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 Federal Funds Transfers FF Child Support Enforcement Title IV-D CFDA93.563 FF Foster Care Title IV-E CFDA93.658 FF Medical Assistance Program CFDA93.778 FF National School Lunch Program CFDA10.555 FF Temporary Assistance for Needy Families CFDA93.558 FF Water Quality Management Planning CFDA66.454
TOTAL PUBLIC FUNDS
Changes in Fund Availability
TOTAL STATE FUNDS Brain and Spinal Injury Trust Fund State Motor Fuel Funds

$3,258,426,000 $3,259,101,202 $3,256,137,700

$3,224,669,566 $3,225,244,768 $3,225,281,266

$8,973,456

$8,973,456

$8,973,456

$608,684

$608,684

$608,684

$7,733,588

$7,733,588

$7,733,588

$657,795

$657,795

$657,795

$2,706,910,736 $2,706,910,736 $2,706,910,736

$21,801,423 $21,801,423 $21,801,423

$51,790,715 $51,790,715 $51,804,479

$1,643,823

$1,643,823

$1,649,701

$12,832,152 $13,407,354 $13,407,354

$333,430

$333,430

$333,430

$1,492,077

$1,492,077

$1,494,118

$280,857,263 $280,857,263 $280,857,263

$20,678,179 $20,678,179 $20,678,179

$991,080

$991,080

$999,895

$42,638,154 $42,638,154 $42,644,154

$759,169

$759,169

$759,169

$8,046,494

$8,046,494

$8,046,494

$55,921,348 $55,921,348 $55,921,348

$33,756,434 $33,856,434 $30,856,434

$1,767,046

$1,767,046

$1,767,046

$5,237,264

$5,237,264

$5,237,264

$9,134,410

$9,134,410

$9,134,410

$3,860,591

$3,860,591

$3,860,591

$13,400,000 $13,500,000 $10,500,000

$357,123

$357,123

$357,123

$34,388,870,468 $34,091,513,289 $34,159,815,255

$1,576,056,878 $1,576,056,878 $1,576,056,878

$55,503

$55,503

$55,503

$121,085,000 $121,085,000 $121,085,000

TUESDAY, APRIL 17, 2007

State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized Federal Highway Admin.-Planning & Construction CFDA20.205 Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767 Temporary Assistance for Needy Families
Temporary Assistance for Needy Families Grant CFDA93.558 TANF Transfers to Child Care Development Fund per 42 USC 604 TANF Unobligated Balance per 42 USC 604 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures TANF Maintenance-of-Effort from External Sources Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances General Obligation Debt Reserve-State General Funds General Obligation Debt Reserve-State Motor Fuel Funds 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 Sales and Services Record Center Storage Fees Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts

$1,484,090,421 $1,484,090,421 $1,484,090,421

($29,174,046) ($29,174,046) ($29,174,046)

$610,672,752 $399,391,997 $362,124,993

$64,690

$64,690

$64,690

$4,119,211

$4,579,945 ($45,338,954)

$164,413,241 $164,413,241 $158,550,875

($200,000)

($200,000) $12,803,665

$451,676,980 $255,075,477 $301,634,214

$14,998,630 ($8,590,356) ($8,590,356)

($24,400,000) ($15,951,000) $10,507,578

($24,400,000) ($15,951,000) ($19,192,422)

$29,700,000

($67,506,719)

($77,432,460) ($155,059,884) ($23,032,336)

($10)

($10) $25,999,990

$26,000,000

($10)

($10)

($10)

($27,838,468) ($105,798,105)

$335,039

$67,648,144

$37,385,000

($27,838,468) ($105,798,105) ($104,698,105)

$3,437,281

$3,437,281

$646,955

$3,437,281

$3,437,281

$646,955

($1,084,940) ($1,084,940) ($1,084,940)

($1,084,940) ($1,084,940) ($1,084,940)

($3,039,500) ($3,039,500) ($3,039,500)

($3,039,500) ($3,039,500) ($3,039,500)

($48,906,823) ($48,574,610) ($45,889,880)

$2,018

$2,018

$2,018

($48,908,841) ($48,576,628) ($45,891,898)

$280,289,635 $280,964,837 $278,001,335

$276,889,635 $277,464,837 $277,501,335

($263,791)

($263,791)

($263,791)

2807

2808

JOURNAL OF THE HOUSE

Health Insurance Payments Liability Funds Mail and Courier Services Merit System Assessments Motor Vehicle Rental Payments Optional Medicaid Services Payments Rental Payments Retirement Payments Federal Funds Transfers FF Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS
Reconciliation of Fund Availability to Fund Application
TOTAL FEDERAL FUNDS Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
Section 1: Georgia Senate
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$276,236,411 $276,236,411 $276,236,411

$25,899

$25,899

$39,663

$5,462

$5,462

$11,340

$575,202

$575,202

($350,368)

($350,368)

($348,327)

$134,240

$134,240

$134,240

$8,815

$1,101,782

$1,101,782

$1,107,782

$3,400,000

$3,500,000

$500,000

$3,400,000

$3,500,000

$500,000

$2,389,586,805 $2,101,353,828 $2,193,150,870

$34,907,578 $34,907,578 $34,907,578

$26,458,578 $26,458,578 $26,458,578

Section Total - Continuation

$9,779,214 $9,779,214 $9,779,214
$10,077,484 $10,077,484 $10,077,484

$9,779,214 $9,779,214 $9,779,214

$9,779,214 $9,779,214 $9,779,214

Section Total - Final

$10,077,484 $10,077,484 $10,077,484

$11,242,603 $11,242,603 $11,242,603

TUESDAY, APRIL 17, 2007

2809

Lieutenant Governor's Office

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$838,701 $838,701 $838,701

$838,701 $838,701 $838,701

$838,701 $838,701 $838,701

1.1 Increase funds according to the request of the Georgia Senate.

State General Funds

$94,203

$94,203

$337,961

1.2 Increase funds for a Jobs' Advocate position to serve as a corporation/government liaison and promote economic development.

State General Funds

$150,000

1.0Lieutenant Governor's Office

Appropriation (HB 95)

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Secretary of the Senate's Office
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
2.1 Increase funds according to the request of the Georgia Senate. State General Funds
2.0Secretary of the Senate's Office
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$932,904 $932,904 $932,904
$1,198,966 $1,198,966 $1,198,966

$932,904 $932,904 $932,904

$1,326,662 $1,326,662 $1,326,662

Continuation Budget

$1,198,966 $1,198,966 $1,198,966

$1,198,966 $1,198,966 $1,198,966

$75,457

$75,457

$108,400

Appropriation (HB 95)

$1,274,423 $1,274,423 $1,274,423

$1,274,423 $1,274,423 $1,274,423

$1,307,366 $1,307,366 $1,307,366

2810

JOURNAL OF THE HOUSE

Senate

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$6,738,774 $6,738,774 $6,738,774

$6,738,774 $6,738,774 $6,738,774

$6,738,774 $6,738,774 $6,738,774

3.1 Increase funds according to the request of the Georgia Senate.

State General Funds

$123,870

$123,870

$340,531

3.2 Increase funds for the creation of the Mental Health Service Delivery Commission according to SR363 (2007 Session) and a water study.

State General Funds

$300,000

3.3 Increase funds for the Senate members' per diem.

State General Funds

$181,665

3.0 Senate

Appropriation (HB 95)

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$6,862,644 $6,862,644 $6,862,644

$6,862,644 $6,862,644 $6,862,644

$7,560,970 $7,560,970 $7,560,970

Senate Budget and Evaluation Office

Continuation Budget

The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,002,773 $1,002,773 $1,002,773

$1,002,773 $1,002,773 $1,002,773

$1,002,773 $1,002,773 $1,002,773

4.1 Increase funds according to the request of the Georgia Senate. State General Funds

$4,740

$4,740

$44,832

4.0Senate Budget and Evaluation Office

Appropriation (HB 95)

The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate.

TUESDAY, APRIL 17, 2007

2811

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,007,513 $1,007,513 $1,007,513

$1,007,513 $1,007,513 $1,007,513

$1,047,605 $1,047,605 $1,047,605

Section 2: Georgia House of Representatives

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
House of Representatives

$17,491,660 $17,491,660 $17,491,660
$17,919,412 $17,919,412 $17,919,412

$17,491,660 $17,491,660 $17,491,660

$17,491,660 $17,491,660 $17,491,660

Section Total - Final

$18,995,716 $18,995,716 $18,995,716

$18,995,716 $18,995,716 $18,995,716

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$17,491,660 $17,491,660 $17,491,660

$17,491,660 $17,491,660 $17,491,660

$17,491,660 $17,491,660 $17,491,660

5.1 Increase funds according to the request of the Georgia House of Representatives.

State General Funds

$427,752

$427,752

$427,752

5.2 Increase funds for House members' per diem.

State General Funds

$512,145

$512,145

5.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$537,576

$537,576

5.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$26,583

$26,583

2812

JOURNAL OF THE HOUSE

5.0House of Representatives

Appropriation (HB 95)

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Section 3: Georgia General Assembly Joint Offices

$17,919,412 $17,919,412 $17,919,412

$18,995,716 $18,995,716 $18,995,716

$18,995,716 $18,995,716 $18,995,716

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$9,078,281 $9,078,281 $9,078,281

$9,078,281 $9,078,281 $9,078,281

$9,078,281 $9,078,281 $9,078,281

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$9,502,391 $9,502,391 $9,502,391

Section Total - Final

$9,725,594 $9,725,594 $9,725,594

$9,725,594 $9,725,594 $9,725,594

Ancillary Activities

Continuation Budget

The purpose of this appropriation is to provide services for the legislative branch of government.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,833,123 $3,833,123 $3,833,123

$3,833,123 $3,833,123 $3,833,123

$3,833,123 $3,833,123 $3,833,123

6.1 Increase funds according to the request of the Georgia General Assembly.

State General Funds

$357,619

$357,619

$357,619

6.2 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$41,120

$41,120

6.3 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$2,540

$2,540

6.0Ancillary Activities

Appropriation (HB 95)

TUESDAY, APRIL 17, 2007

2813

The purpose of this appropriation is to provide services for the legislative branch of government.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$4,190,742 $4,190,742 $4,190,742

$4,234,402 $4,234,402 $4,234,402

$4,234,402 $4,234,402 $4,234,402

Legislative Fiscal Office

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$2,364,548 $2,364,548 $2,364,548

$2,364,548 $2,364,548 $2,364,548

$2,364,548 $2,364,548 $2,364,548

7.1 Increase funds according to the request of the Georgia General Assembly.

State General Funds

$59,056

$59,056

$59,056

7.2 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$58,247

$58,247

7.3 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$5,772

$5,772

7.0Legislative Fiscal Office

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$2,423,604 $2,423,604 $2,423,604

$2,487,623 $2,487,623 $2,487,623

$2,487,623 $2,487,623 $2,487,623

Office of Legislative Counsel

Continuation Budget

The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General Assembly.

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JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,880,610 $2,880,610 $2,880,610

$2,880,610 $2,880,610 $2,880,610

$2,880,610 $2,880,610 $2,880,610

8.1 Increase funds according to the request of the Georgia General Assembly.

State General Funds

$7,435

$7,435

$7,435

8.2 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$109,059

$109,059

8.3 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$6,465

$6,465

8.0Office of Legislative Counsel

Appropriation (HB 95)

The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General Assembly.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,888,045 $2,888,045 $2,888,045

$3,003,569 $3,003,569 $3,003,569

$3,003,569 $3,003,569 $3,003,569

Section 4: Audits and Accounts, Department of

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$31,927,549 $31,927,549 $31,927,549

$31,927,549 $31,927,549 $31,927,549

$31,927,549 $31,927,549 $31,927,549

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$33,510,838 $33,510,838 $33,510,838

Section Total - Final
$34,925,085 $34,642,067 $34,925,085 $34,642,067 $34,925,085 $34,642,067

Audit and Assurance Services

Continuation Budget

The purpose of this appropriation is to provide financial, performance, and information system audits.

TUESDAY, APRIL 17, 2007

2815

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$28,053,474 $28,053,474 $28,053,474

$28,053,474 $28,053,474 $28,053,474

$28,053,474 $28,053,474 $28,053,474

9.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$520,672

$520,672

$520,672

9.2 Increase funds for a salary increase of 3% effective January 1, 2008.

State General Funds

$511,683

$511,683

$511,683

9.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums.

State General Funds

$439,263

$1,584,814

$1,584,814

9.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$14,523

$99,761

$99,761

9.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$141,111

$170,729

$170,729

9.6 Increase funds to fill five state auditor positions. (S:Use positions to fulfill requirements of HB91 - 2007 Session)

State General Funds

$283,023

$283,023

$283,023

9.7 Increase funds for operations.

State General Funds

$157,488

$157,488

$80,000

9.8 Reduce funds from operations. (S:Reduce funds by one-half of one percent to reflect operational efficiencies)

State General Funds

($607,324)

($607,324)

($750,000)

9.99 SAC: The purpose of this appropriation is to provide financial, performance and information system audits and perform duties as specified in OCGA 50-6-10.

State General Funds

$0

9.0Audit and Assurance Services

Appropriation (HB 95)

The purpose of this appropriation is to provide financial, performance and information system audits and perform duties as specified in OCGA 50-6-10.

2816

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$29,513,913 $29,513,913 $29,513,913

$30,774,320 $30,774,320 $30,774,320

$30,554,156 $30,554,156 $30,554,156

Departmental Administration

Continuation Budget

The purpose of this appropriation is to provide administrative support to all Department programs.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,602,714 $1,602,714 $1,602,714

$1,602,714 $1,602,714 $1,602,714

$1,602,714 $1,602,714 $1,602,714

10.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$17,411

$17,411

$17,411

10.2 Increase funds for a 3% salary increase effective January 1, 2008.

State General Funds

$20,251

$20,251

$20,251

10.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums.

State General Funds

$24,611

$72,751

$72,751

10.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$675

$4,633

$4,633

10.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$13,081

$16,516

$16,516

10.6 Increase funds for operations.

State General Funds

$45,837

$45,837

$0

10.7 Reduce funds from operations.

State General Funds

($36,748)

($36,748)

($36,748)

10.0Departmental Administration

Appropriation (HB 95)

The purpose of this appropriation is to provide administrative support to all Department programs.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,687,832 $1,687,832 $1,687,832

$1,743,365 $1,743,365 $1,743,365

$1,697,528 $1,697,528 $1,697,528

TUESDAY, APRIL 17, 2007

2817

Legislative Services

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$113,096 $113,096 $113,096

$113,096 $113,096 $113,096

$113,096 $113,096 $113,096

11.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$1,666

$1,666

$1,666

11.2 Increase funds for a 3% salary increase effective January 1, 2008.

State General Funds

$2,390

$2,390

$2,390

11.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums.

State General Funds

$2,108

$7,214

$7,214

11.4 Increase funds for operations.

State General Funds

$500

$500

$0

11.5 Reduce funds from operations.

State General Funds

($2,381)

($2,381)

($2,381)

11.0Legislative Services

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$117,379 $117,379 $117,379

$122,485 $122,485 $122,485

$121,985 $121,985 $121,985

Statewide Equalized Adjusted Property Tax Digest

Continuation Budget

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.

2818

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,158,265 $2,158,265 $2,158,265

$2,158,265 $2,158,265 $2,158,265

$2,158,265 $2,158,265 $2,158,265

12.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$28,384

$28,384

$28,384

12.2 Increase funds for a 3% salary increase effective January 1, 2008.

State General Funds

$27,928

$27,928

$27,928

12.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums.

State General Funds

$34,181

$119,721

$119,721

12.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$1,066

$7,318

$7,318

12.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$7,932

$9,341

$9,341

12.6 Increase funds for operations.

State General Funds

$16,517

$16,517

$0

12.7 Reduce funds from operations.

State General Funds

($82,559)

($82,559)

($82,559)

12.0Statewide Equalized Adjusted Property Tax Digest

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$2,191,714 $2,191,714 $2,191,714

$2,284,915 $2,284,915 $2,284,915

$2,268,398 $2,268,398 $2,268,398

Section 5: Appeals, Court of

Section Total - Continuation

TUESDAY, APRIL 17, 2007

2819

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services
TOTAL PUBLIC FUNDS

$12,751,212 $12,751,212
$90,000 $90,000 $12,841,212

$12,751,212 $12,751,212
$90,000 $90,000 $12,841,212

$12,751,212 $12,751,212
$90,000 $90,000 $12,841,212

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services
TOTAL PUBLIC FUNDS

$13,878,616 $13,878,616
$90,000 $90,000 $13,968,616

Section Total - Final

$13,627,649 $13,627,649
$90,000 $90,000 $13,717,649

$13,808,111 $13,808,111
$150,000 $150,000 $13,958,111

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$12,751,212 $12,751,212
$90,000 $90,000 $90,000 $12,841,212

$12,751,212 $12,751,212
$90,000 $90,000 $90,000 $12,841,212

$12,751,212 $12,751,212
$90,000 $90,000 $90,000 $12,841,212

13.1 Increase funds to annualize the FY07 2.89% pay raise for Judges and 4% pay raise for staff. (H and S:Reduce pay raise to 3%)

State General Funds

$377,721

$286,325

$286,325

13.2 Increase funds to annualize the FY07 adjustment in the employer share of State Health Benefit Plan (SHBP) premiums.

State General Funds

$273,257

$273,257

$273,257

13.3 Increase funds to annualize the FY07 adjustment in Workers' Compensation premiums.

State General Funds

$4,271

$4,271

$4,271

13.4 Increase funds to annualize the reinstatement of two positions.

State General Funds

$98,440

$98,440

$0

2820

JOURNAL OF THE HOUSE

13.5 Increase funds for a 3% pay raise for judges and staff effective January 1, 2008.

State General Funds

$159,571

$0

$159,571

13.6 Increase funds for an administrative assistant and a staff attorney position.

State General Funds

$162,657

$162,657

$162,657

13.7 Increase funds for storage space at an off-site location for disaster recovery. [One-Time Change]

State General Funds

$30,000

$30,000

$30,000

13.8 Increase funds for an adjustment to the Georgia Building Authority (GBA) real estate rate for the Health Building.

State General Funds

$21,487

$21,487

$21,487

13.9 Increase funds for the renovated space for Judges on the third floor of the Judicial Building. [One-Time Change]

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$51,761 $60,000 $111,761

13.10 Eliminate one-time funds received in HB85 (FY06) for the renovation of the Health and Judicial Buildings.

State General Funds

($500,000)

13.11 Realize Georgia Technology Authority (GTA) savings through rate renegotiations and reduce funds from operations.

State General Funds

($6,794)

13.12 Increase funds to reflect the increase in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$547,138

13.13 Increase funds to reflect the FY08 adjustment in Workers' Compensation premiums.

State General Funds

$27,226

13.0Court of Appeals

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services

$13,878,616 $13,878,616
$90,000 $90,000

$13,627,649 $13,627,649
$90,000 $90,000

$13,808,111 $13,808,111
$150,000 $150,000

TUESDAY, APRIL 17, 2007

2821

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$90,000 $13,968,616

$90,000 $13,717,649

$150,000 $13,958,111

Section 6: Judicial Council
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Section Total - Continuation

$13,464,512 $13,464,512 $13,464,512

$13,464,512 $13,464,512 $13,464,512

$13,464,512 $13,464,512 $13,464,512

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658
TOTAL AGENCY FUNDS Sales and Services
TOTAL PUBLIC FUNDS

$18,603,387 $18,603,387
$18,603,387

Section Total - Final

$18,404,125 $18,404,125
$18,404,125

$15,381,396 $15,381,396
$1,107,348 $585,777 $521,571 $269,500 $269,500
$16,758,244

Georgia Office of Dispute Resolution

Continuation Budget

The purpose of this appropriation is to oversee the development of court-connected alternative dispute resolution programs in

Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$365,383 $365,383 $365,383

$365,383 $365,383 $365,383

$365,383 $365,383 $365,383

14.1 Increase funds to annualize the FY07 4% pay raise for staff. (S:Reduce pay raise to 3%)

State General Funds

$11,853

$11,853

$8,888

14.2 Increase funds to annualize the FY07 adjustment in the employer share of State Health Benefit Plan (SHBP) premiums.

State General Funds

$5,526

$5,526

$5,526

14.3 Increase funds to annualize the FY07 adjustment in Workers' Compensation premiums.

State General Funds

$172

$172

$172

2822

JOURNAL OF THE HOUSE

14.4 Increase funds for a 4% salary increase for staff effective January 1, 2008. (S:Reduce pay raise to 3%)

State General Funds

$6,163

$0

$4,622

14.5 Increase funds for a new program coordinator position.

State General Funds

$48,204

$48,204

$48,204

14.6 Reduce funds.

State General Funds

($215,569)

$0

14.7 Replace funds.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($150,000) $150,000
$0

14.8 Increase funds to reflect the increase in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$10,052

14.0Georgia Office of Dispute Resolution

Appropriation (HB 95)

The purpose of this appropriation is to oversee the development of court-connected alternative dispute resolution programs in Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$437,301 $437,301
$437,301

$215,569 $215,569
$215,569

$292,847 $292,847 $150,000 $150,000 $150,000 $442,847

Institute of Continuing Judicial Education

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$1,126,382 $1,126,382 $1,126,382

$1,126,382 $1,126,382 $1,126,382

$1,126,382 $1,126,382 $1,126,382

TUESDAY, APRIL 17, 2007

2823

15.1 Increase funds to annualize the FY07 4% pay raise for staff. (H and S:Reduce pay raise to 3%)

State General Funds

$20,166

$15,125

$15,125

15.2 Increase funds for a 4% salary increase for staff effective January 1, 2008. (S:Reduce pay raise to 3%)

State General Funds

$10,386

$0

$7,790

15.3 Increase funds for Judges' travel.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$19,500

$19,500

$0 $19,500 $19,500

15.4 Increase funds for a position to administer the Georgia Council of Courts Administrators certificate program.
Sites: University of Georgia

State General Funds

$127,427

$127,427

$0

15.5 Increase funds for the University of Georgia (UGA) contract for additional training.

State General Funds

$199,000

$199,000

$60,000

15.6 Replace funds.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($100,000) $100,000
$0

15.7 Eliminate one-time funds received in HB1181 (FY05) for the assessment of buildings at UGA facilities.

State General Funds

($48,000)

15.0Institute of Continuing Judicial Education

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,502,861 $1,502,861
$1,502,861

$1,487,434 $1,487,434
$1,487,434

$1,061,297 $1,061,297
$119,500 $119,500 $119,500 $1,180,797

2824

JOURNAL OF THE HOUSE

Judicial Council

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$10,913,173 $10,913,173 $10,913,173

$10,913,173 $10,913,173 $10,913,173

$10,913,173 $10,913,173 $10,913,173

16.1 Increase funds to annualize the FY07 4% pay raise for staff. (H and S:Reduce pay raise to 3%)

State General Funds

$194,750

$146,063

$146,063

16.2 Increase funds to annualize the FY07 adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (H and S:Reduce annualizer to match 3% pay raise)

State General Funds

$90,439

$89,569

$89,569

16.3 Increase funds to annualize the FY07 adjustment in Workers' Compensation premiums.

State General Funds

$3,160

$3,160

$3,160

16.4 Increase funds to annualize the FY07 adjustment to the Georgia Building Authority (GBA) rental rate for office space.

State General Funds

$65,882

$65,882

$65,882

16.5 Increase funds for Westlaw for the Council of Magistrate Court Judges and Council of Probate Court Judges.

State General Funds

$40,000

$40,000

$40,000

16.6 Increase funds for a new guardianship video for Probate Courts. [One-Time Change]

State General Funds

$65,000

$65,000

$65,000

16.7 Increase funds to the Georgia Courts Automation Commission for software certification.

State General Funds

$74,330

$74,330

$55,747

16.8 Increase funds to the County and Municipal Probation Advisory Council for an increased workload due to the passage of SB44 (2006 Session).

State General Funds

$222,219

$222,219

$222,219

16.9 Increase funds to match federal funds for the Child Placement Project.

State General Funds Foster Care Title IV-E CFDA93.658 TOTAL PUBLIC FUNDS

$173,857

$173,857

$173,857 $521,571 $695,428

TUESDAY, APRIL 17, 2007

2825

16.10 Increase funds for a 4% salary increase for staff effective January 1, 2008. (S:Reduce pay raise to 3%)

State General Funds

$107,450

$0

$80,588

16.11 Increase funds for a 4.5% increase in legal services for the Victims of Domestic Violence Grant.

State General Funds

$94,279

$94,279

$94,279

16.12 Increase funds to the Council of State Court Judges for the Mock Trial competition. [One-Time Change]

State General Funds

$30,000

$30,000

$0

16.13 Increase funds to establish standards for information exchange for Georgia's five classes of trial courts. [One-Time Change]

State General Funds

$343,821

$343,821

$225,000

16.14 Increase funds for the Georgia Courts Automation Commission to pay 100% of personnel costs for the executive director.

State General Funds

$27,867

$27,867

$27,867

16.15 Increase funds for the Child Support Guidelines Commission to increase the federal match and provide for a staff attorney.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$101,764

$101,764

$101,764 $197,542 $299,306

16.16 Increase funds to the Judicial Council Standing Committee on Drug Courts for Felony and Juvenile Drug Courts.

State General Funds

$1,500,000

$1,500,000

$375,000

16.17 Increase funds to the Judicial Council Standing Committee on Drug Courts for DUI/Drug Courts.

State General Funds

$600,000

$600,000

$150,000

16.18 Increase funds for travel expenses for the Administrative Office of the Courts (AOC).

State General Funds

$19,000

$19,000

$10,000

16.19 Increase funds for three additional software support positions for the AOC.

State General Funds

$245,234

$245,234

$0

16.20 Increase funds for the continuation of the Citation Automation Project.

State General Funds

$161,566

$161,566

$0

16.21 Increase funds to the AOC for a data administrator.

State General Funds

$86,455

$86,455

$0

16.22 Increase funds to the AOC for a full year of funding for three research positions.

State General Funds

$83,608

$83,608

$0

2826

JOURNAL OF THE HOUSE

16.23 Increase funds to provide child support calculator changes to comply with the requirements of SB382 (2006 Session) "Georgia Child Support Guidelines". [One-Time Change]

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$200,000

$200,000 $388,235 $588,235

16.24 Realize Georgia Technology Authority (GTA) savings through rate renegotiations and reduce funds from operations.

State General Funds

($10,124)

16.25 Eliminate funds received in HB1181 (FY05) to provide services to the newly created Georgia Public Defender Standards Council (GPDSC); as of July 1, 2007 the Judicial Council will no longer provide these services.

State General Funds

($300,000)

16.26 Increase funds to reflect the increase in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$220,609

16.99 SAC: The purpose of this appropriation is to assist judges, administrators, clerks of court and other officers and employees of the court pertaining to matters relating to court administration, provided that $1,525,000 is designated for Drug and DUI Courts.

State General Funds

$0

16.0Judicial Council

Appropriation (HB 95)

The purpose of this appropriation is to assist judges, administrators, clerks of court and other officers and employees of the court pertaining to matters relating to court administration, provided that $1,525,000 is designated for Drug and DUI Courts.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658
TOTAL PUBLIC FUNDS

$15,243,854 $15,243,854
$15,243,854

$15,286,847 $15,286,847
$15,286,847

$12,949,653 $12,949,653
$1,107,348 $585,777 $521,571
$14,057,001

Judicial Qualifications Commission

Continuation Budget

The purpose of this appropriation is to discipline, remove, and cause involuntary retirement of judges.

TUESDAY, APRIL 17, 2007

2827

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$259,574 $259,574 $259,574

$259,574 $259,574 $259,574

$259,574 $259,574 $259,574

17.1 Increase funds to annualize the FY07 4% pay raise for staff. (H and S:Reduce pay raise to 3%)

State General Funds

$6,580

$4,935

$4,935

17.2 Increase funds to annualize the FY07 adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (H and S:Reduce annualizer to match 3% pay raise)

State General Funds

$3,068

$3,039

$3,039

17.3 Increase funds for a 4% salary increase for staff effective January 1, 2008. (S:Reduce pay raise to 3%)

State General Funds

$3,422

$0

$2,567

17.4 Increase funds for a paralegal/investigator position.

State General Funds

$67,387

$67,387

$0

17.5 Increase funds to reflect the increase in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$7,484

17.0Judicial Qualifications Commission

Appropriation (HB 95)

The purpose of this appropriation is to discipline, remove, and cause involuntary retirement of judges.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$340,031 $340,031 $340,031

$334,935 $334,935 $334,935

$277,599 $277,599 $277,599

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 State General Funds
TOTAL PUBLIC FUNDS

$800,000 $800,000 $800,000

$800,000 $800,000 $800,000

$800,000 $800,000 $800,000

18.1 Increase funds for an attorney and investigator. State General Funds

$279,340

$279,340

$0

2828

JOURNAL OF THE HOUSE

18.0Resource Center

Appropriation (HB 95)

The purpose of this program is to provide representation to all death penalty sentenced inmates in habeas proceedings.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,079,340 $1,079,340 $1,079,340

$1,079,340 $1,079,340 $1,079,340

$800,000 $800,000 $800,000

Section 7: Juvenile Courts

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$6,449,545 $6,449,545 $6,449,545

$6,449,545 $6,449,545 $6,449,545

$6,449,545 $6,449,545 $6,449,545

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$6,618,847 $6,618,847 $6,618,847

Section Total - Final

$6,574,371 $6,574,371 $6,574,371

$6,692,989 $6,692,989 $6,692,989

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 State General Funds
TOTAL PUBLIC FUNDS

$1,538,714 $1,538,714 $1,538,714

$1,538,714 $1,538,714 $1,538,714

$1,538,714 $1,538,714 $1,538,714

19.1 Increase funds to annualize the FY07 4% pay raise for staff. (H and S:Reduce pay raise to 3%)

State General Funds

$45,737

$34,303

$34,303

19.2 Increase funds to annualize the FY07 adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (H and S:Reduce annualizer to match 3% pay raise)

State General Funds

$31,428

$22,168

$22,168

19.3 Increase funds to annualize the increase in the mileage reimbursement rate from $0.28 per mile to $0.445 per mile.

TUESDAY, APRIL 17, 2007

2829

State General Funds

$25,000

$25,000

$25,000

19.4 Increase funds for a 4% salary increase for staff effective January 1, 2008. (S:Reduce pay raise to 3%)

State General Funds

$23,782

$0

$17,837

19.5 Increase funds to reflect the increase in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$85,271

19.0Council of Juvenile Court Judges

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$1,664,661 $1,664,661 $1,664,661

$1,620,185 $1,620,185 $1,620,185

$1,723,293 $1,723,293 $1,723,293

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 State General Funds
TOTAL PUBLIC FUNDS

$4,910,831 $4,910,831 $4,910,831

$4,910,831 $4,910,831 $4,910,831

$4,910,831 $4,910,831 $4,910,831

20.1 Increase funds for a Juvenile Judge for the Coweta Circuit effective January 1, 2007. (S:Additional two Juvenile Court Judges for the Cobb and Gwinnett Judicial Circuits per HB118 - 2007 Session)

State General Funds

$10,625

$10,625

$42,500

20.2 Increase funds for a 2% pay raise for staff effective January 1, 2007 for Judges per OCGA 15-11-18(d)(2)(E). (S:1% per SB223 - 2007 Session)

State General Funds

$32,730

$32,730

$16,365

20.0Grants to Counties for Juvenile Court Judges

Appropriation (HB 95)

This program mandates payment of state funds to circuits to pay for juvenile court judges salaries.

2830

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Section 8: Prosecuting Attorneys

$4,954,186 $4,954,186 $4,954,186

$4,954,186 $4,954,186 $4,954,186

$4,969,696 $4,969,696 $4,969,696

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers
TOTAL PUBLIC FUNDS

$51,327,072 $51,327,072 $1,767,046 $1,767,046 $53,094,118

$51,327,072 $51,327,072 $1,767,046 $1,767,046 $53,094,118

$51,327,072 $51,327,072 $1,767,046 $1,767,046 $53,094,118

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers
TOTAL PUBLIC FUNDS

$57,050,361 $57,050,361 $1,767,046 $1,767,046 $58,817,407

Section Total - Final

$53,401,058 $53,401,058 $1,767,046 $1,767,046 $55,168,104

$57,401,675 $57,401,675 $1,767,046 $1,767,046 $59,168,721

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 State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Child Support Enforcement Title IV-D CFDA93.563
TOTAL PUBLIC FUNDS

$46,219,535 $46,219,535 $1,767,046 $1,767,046 $1,767,046 $47,986,581

$46,219,535 $46,219,535 $1,767,046 $1,767,046 $1,767,046 $47,986,581

$46,219,535 $46,219,535 $1,767,046 $1,767,046 $1,767,046 $47,986,581

21.1 Increase funds to annualize the FY07 2.89% pay raise for District Attorneys and 4% pay raise to staff. (H and S:Reduce pay raise to 3%)

State General Funds

$1,776,642

$1,383,440

$1,383,440

TUESDAY, APRIL 17, 2007

2831

21.2 Increase funds to annualize the FY07 $7,000 pay raise for District Attorneys per HB268 (2006 Session).

State General Funds

$462,271

$0

$462,271

21.3 Increase funds to annualize the FY07 adjustment in the employer share of State Health Benefit Plan (SHBP) premiums.

State General Funds

$828,189

$828,189

$828,189

21.4 Increase funds to annualize the FY07 adjustment in Workers' Compensation premiums.

State General Funds

$28,005

$28,005

$28,005

21.5 Increase funds for a 4% pay raise for District Attorneys and their staff effective January 1, 2008. (S:Reduce pay raise to 3%)

State General Funds

$906,296

$0

$679,722

21.6 Transfer funds received for the Cordele Judicial Circuit Data Exchange Project from the Prosecuting Attorney's Council (PAC) program to fund ten additional victim advocates. (H and S:NO; Do not redirect - remove)

State General Funds

$350,000

$0

$0

21.7 Transfer funds to the Prosecuting Attorney's Council program to correct a scribner's error in HB1027 (FY07).

State General Funds

($983,718)

21.8 Increase funds to reflect the increase in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$2,166,166

21.9 Increase funds to reflect the FY08 adjustment in Workers' Compensation premiums.

State General Funds

$148,093

21.10 Increase funds for five Assistant District Attorneys associated with the creation of the additional judgeships for Cobb, Dublin, Gwinnett, Enotah and Cordele Judicial Circuits created in HB118 (2007 Session).

State General Funds

$262,500

21.0District Attorneys

Appropriation (HB 95)

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 State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers

$50,570,938 $50,570,938 $1,767,046 $1,767,046

$48,459,169 $48,459,169 $1,767,046 $1,767,046

$51,194,203 $51,194,203 $1,767,046 $1,767,046

2832

JOURNAL OF THE HOUSE

FF Child Support Enforcement Title IV-D CFDA93.563 TOTAL PUBLIC FUNDS

$1,767,046 $52,337,984

$1,767,046 $50,226,215

$1,767,046 $52,961,249

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 State General Funds
TOTAL PUBLIC FUNDS

$5,107,537 $5,107,537 $5,107,537

$5,107,537 $5,107,537 $5,107,537

$5,107,537 $5,107,537 $5,107,537

22.1 Increase funds to annualize the FY07 4% pay raise for staff. (H and S:Reduce pay raise to 3%)

State General Funds

$149,493

$112,120

$112,120

22.2 Increase funds to annualize the FY07 adjustment in the employer share of State Health Benefit Plan (SHBP) premiums.

State General Funds

$69,956

$69,956

$69,956

22.3 Increase funds to annualize the FY07 adjustment in Workers' Compensation premiums.

State General Funds

$2,276

$2,276

$2,276

22.4 Increase funds to reinstate two months of funding lost as a result of the HB85 (FY06) veto.

State General Funds

$1,422,425

$0

$0

22.5 Increase funds to provide a 4% salary increase for staff effective January 1, 2008. (S:Reduce pay raise to 3%)

State General Funds

$77,736

$0

$58,302

22.6 Transfer funds received for the Cordele Judicial Circuit Data Exchange Project to the District Attorneys program to fund ten additional victim advocates. (H and S:NO; Do not redirect - remove)

State General Funds

($350,000)

($350,000)

($350,000)

22.7 Transfer funds from the District Attorneys program to correct a scribner's error in HB1027 (FY07).

State General Funds

$983,718

22.8 Increase funds to reflect the increase in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$165,674

22.9 Increase funds to reflect the FY08 adjustment in Workers' Compensation premiums.

State General Funds

$57,889

TUESDAY, APRIL 17, 2007

2833

22.0Prosecuting Attorney's Council

Appropriation (HB 95)

This program is charged with the responsibility of assisting Georgia's District Attorneys and State Court Solicitors.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$6,479,423 $6,479,423 $6,479,423

$4,941,889 $4,941,889 $4,941,889

$6,207,472 $6,207,472 $6,207,472

Section 9: Public Defender Standards Council, Georgia

Section Total - Continuation

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 Sales and Services
TOTAL PUBLIC FUNDS

$27,832,122 $27,832,122 $1,972,832 $1,972,832 $29,804,954
$37,422,285 $37,422,285 $8,083,033 $5,410,113 $2,672,920 $45,505,318

$27,832,122 $27,832,122 $1,972,832 $1,972,832 $29,804,954

$27,832,122 $27,832,122 $1,972,832 $1,972,832 $29,804,954

Section Total - Final

$35,673,884 $35,673,884 $8,083,033 $5,410,113 $2,672,920 $43,756,917

$35,430,140 $35,430,140 $4,835,038 $2,619,787 $2,215,251 $40,265,178

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 State General Funds
TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized
TOTAL PUBLIC FUNDS

$10,607,210 $10,607,210
$559,797 $559,797 $559,797 $11,167,007

$10,607,210 $10,607,210
$559,797 $559,797 $559,797 $11,167,007

$10,607,210 $10,607,210
$559,797 $559,797 $559,797 $11,167,007

2834

JOURNAL OF THE HOUSE

23.1 Transfer funds for attorney fees to the Public Defenders program to increase funds for conflict cases. (S:Zero Base Budget per SB12 - 2007 Session)

State General Funds

($1,992,375) ($1,992,375)

$0

23.2 Replace funds. (S:ZBB per SB12 - 2007 Session)

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($1,517,082) ($1,517,082)

$0

$1,517,082

$1,517,082

$0

$0

$0

$0

23.3 Increase funds received from administration fees on county contracts to add additional Central Office staff to handle operations. (S:ZBB per SB12 - 2007 Session)

Sales and Services Not Itemized

$246,781

$246,781

$0

23.4 Per SB12 (2007 Session), establish a Zero Base Budget (ZBB).

State General Funds Interest and Investment Income Not Itemized TOTAL PUBLIC FUNDS

($10,607,210) ($559,797)
($11,167,007)

23.5 Per SB12 (2007 Session), establish base budget for the Central Office and the Office of the Mental Health Advocate.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$2,131,698 $2,215,251 $4,346,949

23.6 Per SB12 (2007 Session), establish base budget for the Office of the Georgia Capital Defender.

State General Funds Interest and Investment Income Not Itemized TOTAL PUBLIC FUNDS

$3,516,068 $559,797
$4,075,865

23.7 Increase funds to reflect the increase in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$282,262

23.99 SAC: The purpose of this appropriation is to fund the Office of the Georgia Capital Defender, Office of the Mental Health Advocate and Central Office.

State General Funds

$0

TUESDAY, APRIL 17, 2007

2835

23.0Public Defender Standards Council

Appropriation (HB 95)

The purpose of this appropriation is to fund the Office of the Georgia Capital Defender, Office of the Mental Health Advocate and Central Office.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$7,097,753 $7,097,753 $2,323,660
$559,797 $559,797 $1,763,863 $1,763,863 $9,421,413

$7,097,753 $7,097,753 $2,323,660
$559,797 $559,797 $1,763,863 $1,763,863 $9,421,413

$5,930,028 $5,930,028 $2,775,048
$559,797 $559,797 $2,215,251 $2,215,251 $8,705,076

Public Defenders

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized
TOTAL PUBLIC FUNDS

$17,224,912 $17,224,912 $1,413,035 $1,413,035 $1,413,035 $18,637,947

$17,224,912 $17,224,912 $1,413,035 $1,413,035 $1,413,035 $18,637,947

$17,224,912 $17,224,912 $1,413,035 $1,413,035 $1,413,035 $18,637,947

24.1 Increase funds for fifty Juvenile Assistant Public Defenders (APD). (H:Fund thirty-one Juvenile APDs)(S:Zero Base Budget (ZBB) per SB12 - 2007 Session)

State General Funds

$2,713,907

$1,682,618

$0

24.2 Increase funds for nine Public Defenders due to new judgeships absorbed over two Fiscal Years. (H:Fund five Public Defenders)(S:ZBB per SB12 - 2007 Session)

State General Funds

$488,502

$271,390

$0

24.3 Increase funds for twenty-four Assistant Public Defender I, forty-three investigators, forty-three paralegals and forty-three administrative assistants. (S:ZBB per SB12 - 2007 Session)

State General Funds

$8,764,300

$8,264,300

$0

2836

JOURNAL OF THE HOUSE

24.4 Increase funds for disbursements paid to opt-out circuits (Cobb, Gwinnett, Houston, Douglas, Blue Ridge and Bell-Forsyth). (S:ZBB per SB12 - 2007 Session)

State General Funds

$1,984,000

$1,984,000

$0

24.5 Transfer funds ($1,992,375) from the Georgia Public Defender Standards Council program and increase funds for expenses associated with conflict cases, experts, interpreters and investigators. (S:ZBB per SB12 - 2007 Session)

State General Funds

$2,440,841

$2,440,841

$0

24.6 Replace funds. (S:ZBB per SB12 - 2007 Session)

State General Funds Interest and Investment Income Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($3,291,930) ($3,291,930)

$0

$3,437,281

$3,437,281

$0

$909,057

$909,057

$0

$1,054,408

$1,054,408

$0

24.7 Per SB12 (2007 Session), establish a Zero Base Budget (ZBB).

State General Funds Interest and Investment Income Not Itemized TOTAL PUBLIC FUNDS

($17,224,912) ($1,413,035) ($18,637,947)

24.8 Per SB12 (2007 Session), establish base budget to include thirty-nine Juvenile Assistant Public Defenders and judgeships created through the 2006 Session.

State General Funds Interest and Investment Income Not Itemized TOTAL PUBLIC FUNDS

$27,852,234 $2,059,990 $29,912,224

24.9 Increase funds to reflect the increase in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$1,369,747

24.10 Increase funds for five additional Assistant Public Defenders associated with the additional judgeships for Cobb, Dublin, Gwinnett, Enotah and Cordele Judicial Circuits created in HB118 (2007 Session).

State General Funds

$278,131

24.99 SAC: 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; provided that staffing for circuits are based on O.C.G.A. 17-12.

State General Funds

$0

TUESDAY, APRIL 17, 2007

2837

24.0Public Defenders

Appropriation (HB 95)

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; provided that staffing for circuits are based on O.C.G.A. 17-12.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$30,324,532 $30,324,532 $5,759,373 $4,850,316 $4,850,316
$909,057 $909,057 $36,083,905

$28,576,131 $28,576,131 $5,759,373 $4,850,316 $4,850,316
$909,057 $909,057 $34,335,504

$29,500,112 $29,500,112 $2,059,990 $2,059,990 $2,059,990
$31,560,102

Section 10: Superior Courts

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$53,508,459 $53,508,459 $53,508,459

$53,508,459 $53,508,459 $53,508,459

$53,508,459 $53,508,459 $53,508,459

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$61,986,454 $61,986,454 $61,986,454

Section Total - Final

$57,978,494 $57,978,494 $57,978,494

$59,824,786 $59,824,786 $59,824,786

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 State General Funds
TOTAL PUBLIC FUNDS

$243,000 $243,000 $243,000

$243,000 $243,000 $243,000

$243,000 $243,000 $243,000

25.1 Increase funds associated with the training for Superior Court clerks who serve as Juvenile Court clerks.

2838

JOURNAL OF THE HOUSE

State General Funds

$15,000

$15,000

$15,000

25.2 Increase funds for a law clerk to address the habeas corpus backlog in the Atlantic Judicial District. (S:Move to the Superior Court Judges program)

State General Funds

$53,541

$53,541

25.3 Eliminate one-time funds received in HB1027 (FY07) for the Data Integration Pilot Implementation.

State General Funds

($50,000)

25.0Council of Superior Court Clerks

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$258,000 $258,000 $258,000

$311,541 $311,541 $311,541

$261,541 $261,541 $261,541

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 State General Funds
TOTAL PUBLIC FUNDS

$971,630 $971,630 $971,630

$971,630 $971,630 $971,630

$971,630 $971,630 $971,630

26.1 Increase funds to annualize the FY07 4% pay raise for staff. (H and S:Reduce pay raise to 3%)

State General Funds

$13,108

$9,831

$9,831

26.2 Increase funds to annualize the FY07 adjustment to the Georgia Building Authority (GBA) rental rate for office space.

State General Funds

$11,488

$11,488

$11,488

26.3 Increase funds for temporary labor. [One-Time Change]

State General Funds

$27,200

$27,200

$27,200

26.4 Increase funds to annualize the FY07 adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (H and S:Reduce annualizer to match 3% pay raise)

State General Funds

$13,994

$10,496

$10,496

TUESDAY, APRIL 17, 2007

2839

26.5 Increase funds to annualize the FY07 adjustment in Workers' Compensation premiums.

State General Funds

$746

$746

$746

26.6 Increase funds for a 4% pay raise for staff effective January 1, 2008 and step increases (4.8%) effective July 1, 2007. (H:Reduce pay raise to 3%)(S:Reduce pay raise to 3% and remove step increases)

State General Funds

$51,827

$18,774

$18,774

26.7 Eliminate one-time funds received in HB1027 (FY07) to purchase equipment.

State General Funds

($16,000)

26.8 Recognize Georgia Technology Authority (GTA) savings and reduce funds from operations.

State General Funds

($2,354)

26.9 Increase funds to reflect the increase in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$37,535

26.10 Increase funds to reflect the FY08 adjustment in Workers' Compensation premiums.

State General Funds

$1,819

26.0Council of Superior Court Judges

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$1,089,993 $1,089,993 $1,089,993

$1,050,165 $1,050,165 $1,050,165

$1,071,165 $1,071,165 $1,071,165

Judicial Administrative Districts

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$2,184,721 $2,184,721 $2,184,721

$2,184,721 $2,184,721 $2,184,721

$2,184,721 $2,184,721 $2,184,721

27.1 Increase funds to annualize the FY07 4% pay raise for staff. (H and S:Reduce pay raise to 3%)

2840

JOURNAL OF THE HOUSE

State General Funds

$29,489

$22,117

$22,117

27.2 Increase funds to annualize the FY07 adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (H and S:Reduce annualizer to match 3% pay raise)

State General Funds

$34,905

$26,179

$34,905

27.3 Increase funds to annualize the FY07 adjustment in Workers' Compensation premiums.

State General Funds

$1,037

$1,037

$1,037

27.4 Increase funds for a 4% pay raise for staff effective January 1, 2008. (S:Reduce pay raise to 3%)

State General Funds

$31,200

$0

$23,400

27.5 Increase funds for security training to judges and staff. [One-Time Change]

State General Funds

$50,000

$50,000

$0

27.6 Increase funds to provide for increases in operations.

State General Funds

$7,146

$7,146

$7,146

27.7 Eliminate funds received in HB1181 (FY05) for the one-time family law resource project.

State General Funds

($50,000)

27.8 Increase funds to reflect the increase in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$79,551

27.9 Increase funds to reflect the FY08 adjustment in Workers' Compensation premiums.

State General Funds

$9,357

27.0Judicial Administrative Districts

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$2,338,498 $2,338,498 $2,338,498

$2,291,200 $2,291,200 $2,291,200

$2,312,234 $2,312,234 $2,312,234

Superior Court Judges

Continuation Budget

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.

TUESDAY, APRIL 17, 2007

2841

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$50,109,108 $50,109,108 $50,109,108

$50,109,108 $50,109,108 $50,109,108

$50,109,108 $50,109,108 $50,109,108

28.1 Increase funds to annualize the step increase pay raise for secretaries effective April 1, 2007.

State General Funds

$466,912

$0

$0

28.2 Increase funds to annualize the FY07 4% pay raise for staff. (H and S:Reduce pay raise to 3%)

State General Funds

$195,313

$146,485

$146,485

28.3 Increase funds to annualize the FY07 the 2.89% pay raise for Judges.

State General Funds

$399,858

$399,858

$399,858

28.4 Increase funds to annualize the FY07 adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (H and S:Reduce annualizer to match 3% pay raise)

State General Funds

$99,967

$74,976

$99,967

28.5 Increase funds to annualize the FY07 adjustment in Workers' Compensation premiums.

State General Funds

$6,989

$6,989

$6,989

28.6 Increase funds for the Senior Judge daily compensation rate.

State General Funds

$500,000

$0

$0

28.7 Increase funds to annualize the new judgeships created in HB1027 (FY07) for the Cobb and Dublin Judicial Circuits. (H:Reflect twelve months rather than six months)(S:Fund five additional judgeships for Cobb, Dublin, Gwinnett, Enotah and Cordele Judicial Circuits created in HB118 - 2007 Session)

State General Funds

$362,038

$724,136

$1,297,223

28.8 Increase funds for a 4% salary increase for Judges effective January 1, 2008. (S:Reduce pay raise to 3%)

State General Funds

$605,096

$0

$453,822

28.9 Increase funds for a 4% pay raise for secretaries effective January 1, 2008. (S:Reduce pay raise to 3%)

State General Funds

$245,539

$0

$184,154

28.10 Increase funds for a 4% pay raise for law clerks effective January 1, 2008. (S:Reduce pay raise to 3%)

State General Funds

$64,677

$0

$48,505

28.11 Increase funds for the secretaries' pay raise requested in HB1027 (FY07) effective April 1, 2007. (S:Change effective date to January 1, 2008)

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State General Funds

$2,011,631

$2,011,631

$1,005,816

28.12 Increase funds for the increase in the mileage reimbursement rate from $0.28 to $0.445 per mile.

State General Funds

$220,000

$220,000

$220,000

28.13 Increase funds for Grants to Counties for increases in operations.

State General Funds

$480,829

$118,791

$0

28.14 Increase funds for an increase in the Senior Judge daily compensation rate.

State General Funds

$518,392

$0

$259,196

28.15 Increase funds for ten new law clerk positions and additional requirements.

State General Funds

$513,614

$513,614

$0

28.16 Increase funds for court house security. (H:See House version of HB94) [One-Time Change]

State General Funds

$1,500,000

$0

$0

28.17 Eliminate one-time funds received for equipment, furniture and office supplies for ten new judgeships created since 2000.

State General Funds

($150,000)

28.18 Eliminate funds for the Fulton County Business Court created in HB1181 (FY05) as a two year pilot program.

State General Funds

($100,000)

28.19 Eliminate funds received in HB85 (FY06) for the one-time Interpreter Certification program.

State General Funds

($50,000)

28.20 Increase funds to reflect the increase in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$2,132,812

28.21 Increase funds to reflect the FY08 adjustment in Workers' Compensation premiums.

State General Funds

$115,911

28.99 SAC: The purpose of this appropriation is to enable Georgia's Superior Courts to be general jurisdiction trial court and exercise exclusive, constitutional authority over felony cases, divorce, equity and cases regarding title to land; provided that law clerks over the fifty provided by law are to be allocated back to the circuits by caseload ranks.

State General Funds

$0

28.0Superior Court Judges

Appropriation (HB 95)

TUESDAY, APRIL 17, 2007

2843

The purpose of this appropriation is to enable Georgia's Superior Courts to be general jurisdiction trial court and exercise exclusive, constitutional authority over felony cases, divorce, equity and cases regarding title to land; provided that law clerks over the fifty provided by law are to be allocated back to the circuits by caseload ranks.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$58,299,963 $58,299,963 $58,299,963

$54,325,588 $54,325,588 $54,325,588

$56,179,846 $56,179,846 $56,179,846

Section 11: Supreme Court

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$7,921,323 $7,921,323 $7,921,323

$7,921,323 $7,921,323 $7,921,323

$7,921,323 $7,921,323 $7,921,323

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$8,489,595 $8,489,595 $8,489,595

Section Total - Final

$8,357,817 $8,357,817 $8,357,817

$8,700,335 $8,700,335 $8,700,335

Supreme Court of Georgia

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$7,921,323 $7,921,323 $7,921,323

$7,921,323 $7,921,323 $7,921,323

$7,921,323 $7,921,323 $7,921,323

29.1 Increase funds to annualize the FY07 2.89% pay raise for judges and 4% pay raise for staff. (S:Reduce pay raise to 3% for staff)

State General Funds

$234,202

$234,202

$186,458

29.2 Increase funds to annualize the FY07 adjustment to the Georgia Building Authority (GBA) rental rate for office space.

State General Funds

$80,477

$80,477

$80,477

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JOURNAL OF THE HOUSE

29.3 Increase funds to annualize the FY07 adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (H and S:Reduce annualizer to match 3% pay raise)

State General Funds

$117,252

$116,401

$116,401

29.4 Increase funds to annualize the FY07 adjustment in Workers' Compensation premiums.

State General Funds

$5,414

$5,414

$5,414

29.5 Increase funds for a 4% pay raise for judges and staff effective January 1, 2008. (S:Reduce pay raise to 3%)

State General Funds

$130,927

$0

$98,195

29.6 Realize Georgia Technology Authority (GTA) savings and reduce funds from operations.

State General Funds

($6,248)

29.7 Increase funds to reflect the increase in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$286,015

29.8 Increase funds to reflect the FY08 adjustment in Workers' Compensation premiums.

State General Funds

$12,300

29.0Supreme Court of Georgia

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$8,489,595 $8,489,595 $8,489,595

$8,357,817 $8,357,817 $8,357,817

$8,700,335 $8,700,335 $8,700,335

Section 12: Accounting Office, State

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

$6,802,841 $6,802,841 $8,973,456 $8,973,456 $15,776,297

$6,802,841 $6,802,841 $8,973,456 $8,973,456 $15,776,297

$6,802,841 $6,802,841 $8,973,456 $8,973,456 $15,776,297

TUESDAY, APRIL 17, 2007

2845

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

$7,459,351 $7,459,351 $8,973,456 $8,973,456 $16,432,807

Section Total - Final

$7,459,351 $7,459,351 $8,973,456 $8,973,456 $16,432,807

$6,555,916 $6,555,916 $8,973,456 $8,973,456 $15,529,372

State Accounting Office

Continuation Budget

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 State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Accounting System Assessments
TOTAL PUBLIC FUNDS

$6,802,841 $6,802,841 $8,973,456 $8,973,456 $8,973,456 $15,776,297

$6,802,841 $6,802,841 $8,973,456 $8,973,456 $8,973,456 $15,776,297

$6,802,841 $6,802,841 $8,973,456 $8,973,456 $8,973,456 $15,776,297

30.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$31,389

$31,389

$31,389

30.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$263,538

$263,538

$263,538

30.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$386,439

$386,439

$386,439

30.4 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$17,598

$17,598

$17,598

30.5 Transfer funds and eleven positions for the Asset Management Program (AMP) initiative from the Department of Administrative Services.

State General Funds

$1,705,000

$1,705,000

$1,705,000

30.6 Reduce non-recurring expenses related to the PeopleSoft upgrade, the statewide reporting tool, and the Accounts Receivable initiative.

2846

JOURNAL OF THE HOUSE

State General Funds

($3,499,715) ($3,499,715) ($3,499,715)

30.7 Increase funds for seventeen positions and operations to support all agency functions.

State General Funds

$1,752,261

$1,752,261

$850,000

30.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize state funds ($1,174) and agency funds ($3,341) for equipment purchases. (G:YES)(H:YES)

State General Funds Accounting System Assessments TOTAL PUBLIC FUNDS

$0

$0

($1,174)

$0

$0

$0

$0

$0

($1,174)

30.0State Accounting Office

Appropriation (HB 95)

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 State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Accounting System Assessments
TOTAL PUBLIC FUNDS

$7,459,351 $7,459,351 $8,973,456 $8,973,456 $8,973,456 $16,432,807

$7,459,351 $7,459,351 $8,973,456 $8,973,456 $8,973,456 $16,432,807

$6,555,916 $6,555,916 $8,973,456 $8,973,456 $8,973,456 $15,529,372

Section 13: Administrative Services, Department of

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Interest and Investment Income Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

$22,016,619 $22,016,619 $6,882,284
$262,121 $1,483,725
$214,726 $4,921,712 $142,581,774 $142,581,774 $171,480,677

$22,016,619 $22,016,619 $6,882,284
$262,121 $1,483,725
$214,726 $4,921,712 $142,581,774 $142,581,774 $171,480,677

$22,016,619 $22,016,619 $6,882,284
$262,121 $1,483,725
$214,726 $4,921,712 $142,581,774 $142,581,774 $171,480,677

TUESDAY, APRIL 17, 2007

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Interest and Investment Income Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

$20,314,227 $20,314,227 $6,919,882
$262,121 $1,483,725
$214,726 $4,959,310 $142,265,914 $142,265,914 $169,500,023

Section Total - Final

$19,289,227 $19,289,227 $6,919,882
$262,121 $1,483,725
$214,726 $4,959,310 $142,265,914 $142,265,914 $168,475,023

$16,327,634 $16,327,634 $7,523,494
$262,121 $1,483,725
$214,726 $5,562,922 $142,287,597 $142,287,597 $166,138,725

Departmental Administration

Continuation Budget

The purpose of this appropriation is to provide administrative support to all department programs.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Mail and Courier Services Motor Vehicle Rental Payments Risk Management Assessments
TOTAL PUBLIC FUNDS

$3,495,206 $3,495,206
$849,268 $62,121 $62,121 $59,151 $59,151
$727,996 $727,996 $1,235,392 $1,235,392
$21,818 $250,719 $203,686 $759,169 $5,579,866

$3,495,206 $3,495,206
$849,268 $62,121 $62,121 $59,151 $59,151
$727,996 $727,996 $1,235,392 $1,235,392
$21,818 $250,719 $203,686 $759,169 $5,579,866

$3,495,206 $3,495,206
$849,268 $62,121 $62,121 $59,151 $59,151
$727,996 $727,996 $1,235,392 $1,235,392
$21,818 $250,719 $203,686 $759,169 $5,579,866

31.1 Annualize the cost of the FY07 salary adjustment.

2847

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JOURNAL OF THE HOUSE

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$13,084 $14,172 $27,256

$13,084 $14,172 $27,256

$13,084 $14,172 $27,256

31.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$48,251

$48,251

$48,251

31.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$121,129

$121,129

$121,129

31.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$59,571

$59,571

$59,571

31.5 Increase funds for a Georgia Building Authority (GBA) rate change. (S:NO to GBA rate increase for utilities)

State General Funds

$17,344

$17,344

$0

31.6 Transfer funds and three positions to the State Purchasing program to enhance customer service and vendor relations.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($146,678)

($146,678)

$0

($101,090)

($101,090)

$0

($247,768)

($247,768)

$0

31.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize state funds ($28,908) and agency funds ($13,980) for asset management expenses. (G:YES)(H:YES)

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$0

$0

($28,908)

$0

$0

$0

$0

$0

($28,908)

31.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize state funds ($2,274) and agency funds ($1,359) for asset management expenses. (G:YES)(H:YES)

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$0

$0

($2,274)

$0

$0

$0

$0

$0

($2,274)

31.0Departmental Administration

Appropriation (HB 95)

The purpose of this appropriation is to provide administrative support to all department programs.

TUESDAY, APRIL 17, 2007

2849

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Mail and Courier Services Motor Vehicle Rental Payments Risk Management Assessments
TOTAL PUBLIC FUNDS

$3,607,907 $3,607,907
$762,350 $62,121 $62,121 $59,151 $59,151
$641,078 $641,078 $1,235,392 $1,235,392
$21,818 $250,719 $203,686 $759,169 $5,605,649

$3,607,907 $3,607,907
$762,350 $62,121 $62,121 $59,151 $59,151
$641,078 $641,078 $1,235,392 $1,235,392
$21,818 $250,719 $203,686 $759,169 $5,605,649

$3,706,059 $3,706,059
$863,440 $62,121 $62,121 $59,151 $59,151
$742,168 $742,168 $1,235,392 $1,235,392
$21,818 $250,719 $203,686 $759,169 $5,804,891

Fiscal Services

Continuation Budget

The purpose of this appropriation is to provide administrative functions and services necessary for the fulfillment of the

responsibilities of the Superior Courts.

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$0 $0 $322,037 $322,037 $322,037 $322,037

$0 $0 $322,037 $322,037 $322,037 $322,037

$0 $0 $322,037 $322,037 $322,037 $322,037

32.1 Annualize the cost of the FY07 salary adjustment.

Agency to Agency Contracts

$3,147

$3,147

$3,147

32.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($135) for asset management expenses. (G:YES)(H:YES)(S:YES)

Agency to Agency Contracts

$0

$0

$0

2850

JOURNAL OF THE HOUSE

32.0Fiscal Services

Appropriation (HB 95)

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 State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$325,184 $325,184 $325,184 $325,184

$325,184 $325,184 $325,184 $325,184

$325,184 $325,184 $325,184 $325,184

Fleet Management

Continuation Budget

The purpose 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 STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Motor Vehicle Rental Payments
TOTAL PUBLIC FUNDS

$0 $0 $863,905 $863,905 $863,905 $1,638,759 $1,638,759 $1,638,759 $2,502,664

$0 $0 $863,905 $863,905 $863,905 $1,638,759 $1,638,759 $1,638,759 $2,502,664

$0 $0 $863,905 $863,905 $863,905 $1,638,759 $1,638,759 $1,638,759 $2,502,664

33.1 Annualize the cost of the FY07 salary adjustment.

Motor Vehicle Rental Payments

$8,249

33.2 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds Motor Vehicle Rental Payments TOTAL PUBLIC FUNDS

$2,041

33.3 Reduce funds for replacement vehicles due to the decreased size of the rental pool.

Motor Vehicle Rental Payments

($114,677)

33.4 Reduce funds for motor vehicle contract maintenance due to programmatic changes.

Motor Vehicle Rental Payments

($243,940)

$8,249 $2,041
($114,677) ($243,940)

$8,249
$0 $2,041 $2,041
($114,677)
($243,940)

TUESDAY, APRIL 17, 2007

2851

33.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($960) for asset management expenses. (G:YES)(H:YES)(S:YES)

Motor Vehicle Rental Payments

$0

$0

$0

33.0Fleet Management

Appropriation (HB 95)

The purpose 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 STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Motor Vehicle Rental Payments
TOTAL PUBLIC FUNDS

$2,041 $2,041 $863,905 $863,905 $863,905 $1,288,391 $1,288,391 $1,288,391 $2,154,337

$2,041 $2,041 $863,905 $863,905 $863,905 $1,288,391 $1,288,391 $1,288,391 $2,154,337

$863,905 $863,905 $863,905 $1,290,432 $1,290,432 $1,290,432 $2,154,337

Mail and Courier

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Mail and Courier Services
TOTAL PUBLIC FUNDS

$0 $0 $1,387,642 $1,387,642 $1,387,642 $1,387,642

$0 $0 $1,387,642 $1,387,642 $1,387,642 $1,387,642

$0 $0 $1,387,642 $1,387,642 $1,387,642 $1,387,642

34.1 Annualize the cost of the FY07 salary adjustment. Mail and Courier Services 34.2 Increase funds for a Georgia Building Authority (GBA) rate change.

$5,462

$5,462

$5,462

2852

JOURNAL OF THE HOUSE

State General Funds Mail and Courier Services TOTAL PUBLIC FUNDS

$5,878

$5,878

$0 $5,878 $5,878

34.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($905) for asset management expenses. (G:YES)(H:YES)(S:YES)

Mail and Courier Services

$0

$0

$0

34.0Mail and Courier

Appropriation (HB 95)

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 STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Mail and Courier Services
TOTAL PUBLIC FUNDS

$5,878 $5,878 $1,393,104 $1,393,104 $1,393,104 $1,398,982

$5,878 $5,878 $1,393,104 $1,393,104 $1,393,104 $1,398,982

$1,398,982 $1,398,982 $1,398,982 $1,398,982

Risk Management

Continuation Budget

The purpose is cost minimization and fair treatment of citizens through effective claims management.

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Liability Funds Property Insurance Funds Unemployment Compensation Funds Workers Compensation Funds
TOTAL PUBLIC FUNDS

$0 $0 $137,389,260 $137,389,260 $978,423 $51,764,816 $20,678,179 $8,046,494 $55,921,348 $137,389,260

$0 $0 $137,389,260 $137,389,260 $978,423 $51,764,816 $20,678,179 $8,046,494 $55,921,348 $137,389,260

$0 $0 $137,389,260 $137,389,260 $978,423 $51,764,816 $20,678,179 $8,046,494 $55,921,348 $137,389,260

35.1 Annualize the cost of the FY07 salary adjustment. Liability Funds

$25,899

$25,899

$25,899

TUESDAY, APRIL 17, 2007

2853

35.2 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds Liability Funds TOTAL PUBLIC FUNDS

$13,764

$13,764

$0 $13,764 $13,764

35.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($7,929) for asset management expenses. (G:YES)(H:YES)(S:YES)

Workers Compensation Funds

$0

$0

$0

35.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($3,824) for asset management expenses. (G:YES)(H:YES)(S:YES)

Workers Compensation Funds

$0

$0

$0

35.0Risk Management

Appropriation (HB 95)

The purpose is cost minimization and fair treatment of citizens through effective claims management.

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Liability Funds Property Insurance Funds Unemployment Compensation Funds Workers Compensation Funds
TOTAL PUBLIC FUNDS

$13,764 $13,764 $137,415,159 $137,415,159 $978,423 $51,790,715 $20,678,179 $8,046,494 $55,921,348 $137,428,923

$13,764 $13,764 $137,415,159 $137,415,159 $978,423 $51,790,715 $20,678,179 $8,046,494 $55,921,348 $137,428,923

$137,428,923 $137,428,923
$978,423 $51,804,479 $20,678,179 $8,046,494 $55,921,348 $137,428,923

State Purchasing

Continuation Budget

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.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements

$9,465,212 $9,465,212
$185,003 $185,003

$9,465,212 $9,465,212
$185,003 $185,003

$9,465,212 $9,465,212
$185,003 $185,003

2854

JOURNAL OF THE HOUSE

Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS

$185,003 $9,650,215

$185,003 $9,650,215

$185,003 $9,650,215

36.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$49,658

$49,658

$49,658

36.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$99,632

$99,632

$99,632

36.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$250,118

$250,118

$250,118

36.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$101,842

$101,842

$101,842

36.5 Increase funds for a Georgia Building Authority (GBA) rate change. (S:NO to GBA rate increase for utilities)

State General Funds

$11,437

$11,437

$0

36.6 Transfer funds and three positions from the Departmental Administration program to enhance customer service and vendor relations.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$146,678

$146,678

$0

$101,090

$101,090

$0

$247,768

$247,768

$0

36.7 Transfer the Asset Management Program (AMP) initiative to the State Accounting Office.

State General Funds

($1,705,000) ($1,705,000) ($1,705,000)

36.8 Reduce funds from the E-Procurement initiative.

State General Funds

($1,008,539) ($1,008,539) ($1,008,539)

36.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($57,320) for asset management expenses. (G:YES)(H:YES)

State General Funds

$0

$0

($57,320)

36.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($5,752) for asset management expenses. (G:YES)(H:YES)

State General Funds

$0

$0

($5,752)

TUESDAY, APRIL 17, 2007

2855

36.0State Purchasing

Appropriation (HB 95)

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.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$7,411,038 $7,411,038
$286,093 $185,003 $185,003 $101,090 $101,090 $7,697,131

$7,411,038 $7,411,038
$286,093 $185,003 $185,003 $101,090 $101,090 $7,697,131

$7,189,851 $7,189,851
$185,003 $185,003 $185,003
$7,374,854

Surplus Property

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $2,317,944 $2,317,944 $2,317,944 $2,317,944

$0 $0 $2,317,944 $2,317,944 $2,317,944 $2,317,944

$0 $0 $2,317,944 $2,317,944 $2,317,944 $2,317,944

37.1 Annualize the cost of the FY07 salary adjustment.

Sales and Services Not Itemized

$14,947

$14,947

$14,947

37.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($116) for asset management expenses. (G:YES)(H:YES)(S:YES)

Sales and Services Not Itemized

$0

$0

$0

37.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($3,973) for asset management expenses. (G:YES)(H:YES)(S:YES)

Sales and Services Not Itemized

$0

$0

$0

37.0Surplus Property

Appropriation (HB 95)

2856

JOURNAL OF THE HOUSE

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 Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$2,332,891 $2,332,891 $2,332,891 $2,332,891

$2,332,891 $2,332,891 $2,332,891 $2,332,891

$2,332,891 $2,332,891 $2,332,891 $2,332,891

U.S. Post Office

Continuation Budget

The purpose of this appropriation is to provide convenient and cost-effective postal services to agencies and individuals.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized
TOTAL PUBLIC FUNDS

$17,721 $17,721 $155,575 $155,575 $155,575 $173,296

$17,721 $17,721 $155,575 $155,575 $155,575 $173,296

$17,721 $17,721 $155,575 $155,575 $155,575 $173,296

38.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$1,333

$1,333

$1,333

38.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$281

$281

$281

38.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$706

$706

$706

38.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$38

$38

$38

38.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$1,336

$1,336

$1,336

38.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($323) for asset management expenses. (G:YES)(H:YES)(S:YES)

Royalties and Rents Not Itemized

$0

$0

$0

TUESDAY, APRIL 17, 2007

2857

38.0U.S. Post Office

Appropriation (HB 95)

The purpose of this appropriation is to provide convenient and cost-effective postal services to agencies and individuals.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized
TOTAL PUBLIC FUNDS

$21,415 $21,415 $155,575 $155,575 $155,575 $176,990

$21,415 $21,415 $155,575 $155,575 $155,575 $176,990

$21,415 $21,415 $155,575 $155,575 $155,575 $176,990

Administrative Hearings, Office of State

Continuation Budget

The purpose of this appropriation is to provide an impartial, independent forum for resolving disputes between the public and state

agencies.

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Administrative Hearing Payments
TOTAL PUBLIC FUNDS

$3,829,252 $3,829,252
$608,684 $608,684 $608,684 $4,437,936

$3,829,252 $3,829,252
$608,684 $608,684 $608,684 $4,437,936

$3,829,252 $3,829,252
$608,684 $608,684 $608,684 $4,437,936

39.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$18,308

$18,308

$18,308

39.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$57,589

$57,589

$57,589

39.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$146,658

$146,658

$146,658

39.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize state funds ($7,204) and agency funds ($1,144) for the annual maintenance of case tracking software. (G:YES)(H:YES)

State General Funds Administrative Hearing Payments TOTAL PUBLIC FUNDS

$0

$0

($7,204)

$0

$0

$0

$0

$0

($7,204)

2858

JOURNAL OF THE HOUSE

39.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize state funds ($1,890) and agency funds ($300) for the annual maintenance of case tracking software. (G:YES)(H:YES)

State General Funds Administrative Hearing Payments TOTAL PUBLIC FUNDS

$0

$0

($1,890)

$0

$0

$0

$0

$0

($1,890)

39.0Administrative Hearings, Office of State

Appropriation (HB 95)

The purpose of this appropriation is to provide an impartial, independent forum for resolving disputes between the public and state agencies.

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Administrative Hearing Payments
TOTAL PUBLIC FUNDS

$4,051,807 $4,051,807
$608,684 $608,684 $608,684 $4,660,491

$4,051,807 $4,051,807
$608,684 $608,684 $608,684 $4,660,491

$4,042,713 $4,042,713
$608,684 $608,684 $608,684 $4,651,397

Hazardous Materials, Agency for the Removal of

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$85,354 $85,354 $85,354

$85,354 $85,354 $85,354

$85,354 $85,354 $85,354

40.0Hazardous Materials, Agency for the Removal of

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$85,354 $85,354 $85,354

$85,354 $85,354 $85,354

$85,354 $85,354 $85,354

Health Planning Review Board The purpose of this appropriation is to review decisions made by hearing officers.

Continuation Budget

TUESDAY, APRIL 17, 2007

2859

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$60,473 $60,473 $60,473

$60,473 $60,473 $60,473

$60,473 $60,473 $60,473

41.0Health Planning Review Board

The purpose of this appropriation is to review decisions made by hearing officers.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$60,473 $60,473 $60,473

Appropriation (HB 95)

$60,473 $60,473 $60,473

$60,473 $60,473 $60,473

Payments to Georgia Technology Authority

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$4,396,769 $4,396,769 $4,396,769

$4,396,769 $4,396,769 $4,396,769

$4,396,769 $4,396,769 $4,396,769

42.1 Annualize the cost of the FY07 salary adjustment ($383,797).

Telecommunication and Technology Payments

$0

$0

$0

42.2 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$53,858

$53,858

$0

42.3 Reduce one-time funds for the Information Technology (IT) efficiency and modernization project ($2,000,000).

Telecommunication and Technology Payments

$0

$0

$0

42.4 Reduce funds for part-time hourly staff due to the FY07 completion of the productivity platform project ($50,000).

Telecommunication and Technology Payments

$0

$0

$0

42.5 Reduce funds and eliminate five vacant positions due to a decrease in workload ($280,257).

Telecommunication and Technology Payments

$0

$0

$0

42.6 Reduce funds for agency expenses due to a decrease in telecommunications and computer revenues in FY06 ($210,500).

2860

JOURNAL OF THE HOUSE

Telecommunication and Technology Payments

$0

$0

$0

42.7 Reduce funds due to the surplus of twenty-one vehicles in FY07 ($28,646).

Telecommunication and Technology Payments

$0

$0

$0

42.8 Reduce funds for materials for resale in the Data Center as Georgia Technology Authority (GTA) is selling less IT-related equipment due to agencies working directly with vendors ($62,895).

Telecommunication and Technology Payments

$0

$0

$0

42.9 Reduce funds for software purchases to reflect actual needs ($523,000).

Telecommunication and Technology Payments

$0

$0

$0

42.10 Reduce funds for part-time hourly staff due to the completion of various projects ($591,928).

Telecommunication and Technology Payments

$0

$0

$0

42.11 Reduce funds for contracted staff due to a decrease in workload resulting from the implementation of the state's Wide Area Network ($166,318).

Telecommunication and Technology Payments

$0

$0

$0

42.12 Reduce funds for the Wireless Communities Georgia initiative.

State General Funds

($2,000,000) ($4,000,000)

42.99 SAC: The purpose of this appropriation is to provide for consultant fees related to the Commission for a New Georgia initiatives. House: Set the direction for the state's use of technology and promote efficient, secure and cost-effective delivery of information technology services. Governor: Set the direction for the state's use of technology and promote efficient, secure and cost-effective delivery of information technology services.

State General Funds

$0

$0

$0

42.0Payments to Georgia Technology Authority

Appropriation (HB 95)

The purpose of this appropriation is to provide for consultant fees related to the Commission for a New Georgia initiatives.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$4,450,627 $4,450,627 $4,450,627

$2,450,627 $2,450,627 $2,450,627

$396,769 $396,769 $396,769

Treasury and Fiscal Services, Office of

Continuation Budget

TUESDAY, APRIL 17, 2007

2861

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 State General Funds
TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$666,632 $666,632 $2,510,589 $200,000 $200,000 $434,817 $434,817 $1,875,772 $1,875,772 $3,177,221

$666,632 $666,632 $2,510,589 $200,000 $200,000 $434,817 $434,817 $1,875,772 $1,875,772 $3,177,221

$666,632 $666,632 $2,510,589 $200,000 $200,000 $434,817 $434,817 $1,875,772 $1,875,772 $3,177,221

43.1 Annualize the cost of the FY07 salary adjustment.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$7,323 $8,479 $15,802

$7,323 $8,479 $15,802

$0 $15,802 $15,802

43.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$7,393

$7,393

$0 $7,393 $7,393

43.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$18,575

$18,575

$0 $18,575 $18,575

43.4 Reduce funds for non-recurring expenses for consultants for the Streamline Banking project.

State General Funds

($96,000)

($96,000)

($96,000)

43.5 Replace funds.

2862

JOURNAL OF THE HOUSE

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($570,321) $570,321
$0

43.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize state funds ($169) and agency funds ($1,240) for operations. (G:YES)(H:YES)

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$0

$0

($169)

$0

$0

$0

$0

$0

($169)

43.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize state funds ($142) and agency funds ($1,240) for operations. (G:YES)(H:YES)

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$0

$0

($142)

$0

$0

$0

$0

$0

($142)

43.0Treasury and Fiscal Services, Office of

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$603,923 $603,923 $2,519,068 $200,000 $200,000 $434,817 $434,817 $1,884,251 $1,884,251 $3,122,991

$603,923 $603,923 $2,519,068 $200,000 $200,000 $434,817 $434,817 $1,884,251 $1,884,251 $3,122,991

$3,122,680 $200,000 $200,000 $434,817 $434,817
$2,487,863 $2,487,863 $3,122,680

Compensation Per General Assembly Resolutions

Continuation Budget

TOTAL STATE FUNDS State General Funds

$0

$0

$0

$0

TUESDAY, APRIL 17, 2007

2863

399.1 Increase funds for an annuity for a wrongfully convicted inmate as required by HR102 (2007 Session). (H:Recognize in the Departmental Administration program) [One-Time Change]

State General Funds

$975,000

$825,000

399.2 SAC: The purpose of this appropriation is to fund HR102 of the 2007 Session.

State General Funds

$0

399.0Compensation Per General Assembly Resolutions The purpose of this appropriation is to fund HR102 of the 2007 Session. TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS
Section 14: Agriculture, Department of

Appropriation (HB 95)

$975,000 $975,000 $975,000

$825,000 $825,000 $825,000

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services
TOTAL PUBLIC FUNDS

$42,911,540 $42,911,540 $6,849,321 $6,849,321 $1,884,689
$663,868 $100,000 $1,120,821 $51,645,550

$42,911,540 $42,911,540 $6,849,321 $6,849,321 $1,884,689
$663,868 $100,000 $1,120,821 $51,645,550

$42,911,540 $42,911,540 $6,849,321 $6,849,321 $1,884,689
$663,868 $100,000 $1,120,821 $51,645,550

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers

$46,175,854 $46,175,854 $6,849,321 $6,849,321 $1,884,689
$663,868

Section Total - Final

$46,294,295 $46,294,295 $6,849,321 $6,849,321 $1,884,689
$663,868

$46,192,622 $46,192,622 $6,849,321 $6,849,321 $1,884,689
$663,868

2864

JOURNAL OF THE HOUSE

Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS

$100,000 $1,120,821 $54,909,864

$100,000 $1,120,821 $55,028,305

$100,000 $1,120,821 $54,926,632

Athens and Tifton Veterinary Laboratories

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$3,485,061 $3,485,061 $3,485,061

$3,485,061 $3,485,061 $3,485,061

$3,485,061 $3,485,061 $3,485,061

44.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$166,168

$166,168

$166,168

44.99 SAC: The purpose of this appropriation is to ensure the health of production, equine and companion animals and protect public health as it relates to animals within the State of Georgia. House: The purpose of this appropriation is to ensure the health of production, equine and companion animals and protect public health as it relates to animals within the State of Georgia. Governor: Ensure the health of production, equine and companion animals and protect public health as it relates to animals within the State of Georgia.

State General Funds

$0

$0

$0

44.0Athens and Tifton Veterinary Laboratories

Appropriation (HB 95)

The purpose of this appropriation is to ensure the health of production, equine and companion animals and protect public health as it relates to animals within the State of Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,651,229 $3,651,229 $3,651,229

$3,651,229 $3,651,229 $3,651,229

$3,651,229 $3,651,229 $3,651,229

Consumer Protection

Continuation Budget

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.

TUESDAY, APRIL 17, 2007

2865

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$22,016,387 $22,016,387 $6,749,221 $6,749,221
$935,000 $100,000 $100,000 $835,000 $835,000 $29,700,608

$22,016,387 $22,016,387 $6,749,221 $6,749,221
$935,000 $100,000 $100,000 $835,000 $835,000 $29,700,608

$22,016,387 $22,016,387 $6,749,221 $6,749,221
$935,000 $100,000 $100,000 $835,000 $835,000 $29,700,608

45.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$241,154

$241,154

$241,154

45.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$284,736

$284,736

$284,736

45.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$805,547

$805,547

$805,547

45.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$258,818

$258,818

$258,818

45.5 Increase funds for a Georgia Building Authority (GBA) rate change. (S:NO to GBA rate increase for utilities)

State General Funds

$43,009

$43,009

$21,551

45.6 Reduce funds from operations.

State General Funds

($103,831)

($103,831)

($103,831)

45.7 Increase funds to fill the following vacant positions: three food safety inspectors ($120,000); two plant protection inspectors ($80,000); one livestock/poultry inspector ($40,000); and two meat inspectors ($80,000). (H and S: Increase funds to fill the following vacant positions: three food safety inspectors ($120,000); two plant protection inspectors ($69,800); one livestock/poultry inspector ($28,888); two meat inspectors ($73,368))

State General Funds

$320,000

$292,056

$292,056

2866

JOURNAL OF THE HOUSE

45.8 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to increase funds for computer charges for the inspection automation project begun in HB1026 (FY06).

State General Funds

$59,452

$59,452

$0

45.9 Increase funds to replace twenty vehicles with mileage in excess of 170,000 miles. (H and S:Increase funds to replace eight vehicles with mileage in excess of 170,000 miles) [One-Time Change]

State General Funds

$120,000

$120,000

45.10 Redirect $150,000 in bond funds, 5-year bonds approved in HB1181 (FY05), from predesign and design of a fuel laboratory in Forest Park to predesign of testing labs (Seed Lab, Chemical Lab, Fuel Lab, and Weights and Measures Lab) in Tifton. (H:YES)(S:YES)

State General Funds

$0

$0

45.11 Increase funds for Homeland Security Agriculture Food Defense positions (an agriculture manager, two operations analysts and an administrative assistant). (S:Full year funding)

State General Funds

$64,093

$64,093

45.99 SAC: The purpose of this appropriation is to ensure a safe food supply, guarantee a safe and healthy supply of agricultural products, provide for accurate commercial transactions, and protect animal health (production, equine and companion) for the citizens of Georgia. House: The purpose of this appropriation is to ensure a safe food supply, guarantee a safe and healthy supply of agricultural products, provide for accurate commercial transactions, and protect animal health (production, equine and companion) for the citizens of Georgia. Governor: Ensure a safe food supply, guarantee a safe and healthy supply of agricultural products, provide for accurate commercial transactions, and protect animal health (production, equine and companion) for the citizens of Georgia.

State General Funds

$0

$0

$0

45.0Consumer Protection

Appropriation (HB 95)

The purpose of this appropriation is to ensure a safe food supply, guarantee a safe and healthy supply of agricultural products, provide for accurate commercial transactions, and protect animal health (production, equine and companion) for the citizens of Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS

$23,925,272 $23,925,272 $6,749,221

$24,081,421 $24,081,421 $6,749,221

$24,000,511 $24,000,511 $6,749,221

TUESDAY, APRIL 17, 2007

2867

Federal Funds Not Itemized TOTAL AGENCY FUNDS
Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$6,749,221 $935,000 $100,000 $100,000 $835,000 $835,000
$31,609,493

$6,749,221 $935,000 $100,000 $100,000 $835,000 $835,000
$31,765,642

$6,749,221 $935,000 $100,000 $100,000 $835,000 $835,000
$31,684,732

Departmental Administration

Continuation Budget

The purpose of this appropriation is to provide administrative support for all programs of the department.

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

$6,084,719 $6,084,719
$69,500 $69,500 $258,721 $258,721 $258,721 $6,412,940

$6,084,719 $6,084,719
$69,500 $69,500 $258,721 $258,721 $258,721 $6,412,940

$6,084,719 $6,084,719
$69,500 $69,500 $258,721 $258,721 $258,721 $6,412,940

46.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$44,156

$44,156

$44,156

46.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$60,217

$60,217

$60,217

46.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$135,315

$135,315

$135,315

46.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$33,169

$33,169

$33,169

46.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$20,763

$20,763

$0

2868

JOURNAL OF THE HOUSE

46.6 Increase funds for licensing, software and hosting fees to complete the automation of food safety and weights and measures inspections begun in HB1026 (FY06).

State General Funds

$109,928

$109,928

$109,928

46.7 Realize the Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from computer charges for the inspection automation project begun in HB1026 (FY06).

State General Funds

($59,452)

($59,452)

($59,452)

46.8 Increase funds to implement online licensing for more than 100 licenses and certificates the department issues. [One-Time
Change]

State General Funds

$400,000

$320,000

$320,000

46.9 Increase funds for ongoing expenses for online licensing.

State General Funds

$80,000

$80,000

46.10 Reduce funds from operations.

State General Funds

($25,189)

($25,189)

($25,189)

46.0Departmental Administration

Appropriation (HB 95)

The purpose of this appropriation is to provide administrative support for all programs of the department.

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

$6,803,626 $6,803,626
$69,500 $69,500 $258,721 $258,721 $258,721 $7,131,847

$6,803,626 $6,803,626
$69,500 $69,500 $258,721 $258,721 $258,721 $7,131,847

$6,782,863 $6,782,863
$69,500 $69,500 $258,721 $258,721 $258,721 $7,111,084

Marketing and Promotion

Continuation Budget

The purpose of this appropriation is to expand sales of Georgia's commodities from growers by promoting them domestically and

internationally.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS

$7,842,177 $7,842,177
$30,600

$7,842,177 $7,842,177
$30,600

$7,842,177 $7,842,177
$30,600

TUESDAY, APRIL 17, 2007

2869

Federal Funds Not Itemized TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$30,600 $690,968 $663,868 $663,868
$27,100 $27,100 $8,563,745

$30,600 $690,968 $663,868 $663,868
$27,100 $27,100 $8,563,745

$30,600 $690,968 $663,868 $663,868
$27,100 $27,100 $8,563,745

47.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$46,936

$46,936

$46,936

47.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$68,141

$68,141

$68,141

47.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$153,121

$153,121

$153,121

47.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$56,007

$56,007

$56,007

47.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$10,382

$10,382

$10,382

47.6 Increase funds for operations.

State General Funds

$129,020

$129,020

$129,020

47.7 Eliminate contract with the Federation of Southern Cooperatives.

State General Funds

($36,309)

($36,309)

47.0Marketing and Promotion

Appropriation (HB 95)

The purpose of this appropriation is to expand sales of Georgia's commodities from growers by promoting them domestically and internationally.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS

$8,305,784 $8,305,784
$30,600

$8,269,475 $8,269,475
$30,600

$8,269,475 $8,269,475
$30,600

2870

JOURNAL OF THE HOUSE

Federal Funds Not Itemized TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$30,600 $690,968 $663,868 $663,868
$27,100 $27,100 $9,027,352

$30,600 $690,968 $663,868 $663,868
$27,100 $27,100 $8,991,043

$30,600 $690,968 $663,868 $663,868
$27,100 $27,100 $8,991,043

Poultry Veterinary Diagnostic Labs

Continuation Budget

The purpose of this appropriation is to provide poultry disease diagnostic and monitoring services with emphasis on Avian Influenza.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,483,196 $3,483,196 $3,483,196

$3,483,196 $3,483,196 $3,483,196

$3,483,196 $3,483,196 $3,483,196

48.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$47,142

$47,142

$47,142

48.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$75,419

$75,419

$75,419

48.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$3,771

$3,771

$3,771

48.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$415

$415

$415

48.5 Eliminate one-time funds received in HB1027 (FY07) for specific equipment purchases.

State General Funds

($120,000)

($121,399)

($121,399)

48.0Poultry Veterinary Diagnostic Labs

Appropriation (HB 95)

The purpose of this appropriation is to provide poultry disease diagnostic and monitoring services with emphasis on Avian Influenza.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,489,943 $3,489,943 $3,489,943

$3,488,544 $3,488,544 $3,488,544

$3,488,544 $3,488,544 $3,488,544

TUESDAY, APRIL 17, 2007

2871

Section 15: Banking and Finance, Department of

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$11,581,920 $11,581,920 $11,581,920

$11,581,920 $11,581,920 $11,581,920

$11,581,920 $11,581,920 $11,581,920

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$12,434,211 $12,434,211 $12,434,211

Section Total - Final

$12,434,211 $12,434,211 $12,434,211

$12,218,642 $12,218,642 $12,218,642

Chartering, Licensing and Applications/Non-Mortgage Entities

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$512,992 $512,992 $512,992

$512,992 $512,992 $512,992

$512,992 $512,992 $512,992

49.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$5,947

$5,947

$5,947

49.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$337,804

$337,804

$337,804

49.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$372,248

$372,248

$372,248

49.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$24,810

$24,810

$24,810

49.5 Realize non-Georgia Building Authority lease savings through the renegotiation of rates to reduce funds from operations.

State General Funds

($2,987)

($2,987)

($2,987)

2872

JOURNAL OF THE HOUSE

49.98 Transfer all funds and activities to the Departmental Administration and Financial Institution Supervision programs, and create a new Non-Depository Financial Institution Supervision program. (G:YES)(H and S:NO; Do not reorganize programs)

State General Funds

$0

$0

$0

49.0Chartering, Licensing and Applications/Non-Mortgage Entities

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$1,250,814 $1,250,814 $1,250,814

$1,250,814 $1,250,814 $1,250,814

$1,250,814 $1,250,814 $1,250,814

Consumer Protection and Assistance

Continuation Budget

The purpose of this appropriation is to assist consumers with problems encountered when dealing with department-regulated entities.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$529,701 $529,701 $529,701

$529,701 $529,701 $529,701

$529,701 $529,701 $529,701

50.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$4,799

$4,799

$4,799

50.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$9,927

$9,927

$9,927

50.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$24,189

$24,189

$24,189

50.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$1,650

$1,650

$1,650

50.5 Realize non-Georgia Building Authority lease savings through the renegotiation of rates to reduce funds from operations.

State General Funds

($5,424)

($5,424)

($5,424)

TUESDAY, APRIL 17, 2007

2873

50.98 Transfer funds and activities from the Financial Institution Supervision program. (G:YES)(H and S:NO; Do not reorganize programs)

State General Funds

$0

$0

$0

50.0Consumer Protection and Assistance

Appropriation (HB 95)

The purpose of this appropriation is to assist consumers with problems encountered when dealing with department-regulated entities.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$564,842 $564,842 $564,842

$564,842 $564,842 $564,842

$564,842 $564,842 $564,842

Departmental Administration

Continuation Budget

The purpose of this appropriation is to provide administrative support to all department programs.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,786,026 $1,786,026 $1,786,026

$1,786,026 $1,786,026 $1,786,026

$1,786,026 $1,786,026 $1,786,026

51.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$19,110

$19,110

$19,110

51.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$31,025

$31,025

$31,025

51.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$75,599

$75,599

$75,599

51.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$5,157

$5,157

$5,157

51.5 Realize non-Georgia Building Authority lease savings through the renegotiation of rates to reduce funds from operations.

State General Funds

($15,285)

($15,285)

($15,285)

51.6 Eliminate one-time funds received in HB1027 (FY07) for the purchase of the field office phone system.

State General Funds

($25,018)

2874

JOURNAL OF THE HOUSE

51.98 Transfer funds and activities from the Chartering, Licensing and Applications/Non-Mortgage Entities program. (G:YES)(H and S:NO; Do not reorganize programs)

State General Funds

$0

$0

$0

51.0Departmental Administration

Appropriation (HB 95)

The purpose of this appropriation is to provide administrative support to all department programs.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,901,632 $1,901,632 $1,901,632

$1,901,632 $1,901,632 $1,901,632

$1,876,614 $1,876,614 $1,876,614

Financial Institution Supervision

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$6,956,283 $6,956,283 $6,956,283

$6,956,283 $6,956,283 $6,956,283

$6,956,283 $6,956,283 $6,956,283

52.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$49,117

$49,117

$49,117

52.2 Reduce one-time funds for Voice Over Internet Protocol (VOIP) installation.

State General Funds

($87,369)

($87,369)

($87,369)

52.3 Realize non-Georgia Building Authority lease savings through the renegotiation of rates to increase funds for the replacement of two vehicles with mileage in excess of 135,000 miles. [One-Time Change]

State General Funds

$23,696

$23,696

$0

52.4 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations.

State General Funds

($15,705)

($15,705)

($15,705)

52.5 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to reduce funds from operations.

State General Funds

($1,159)

($1,159)

($1,159)

52.6 Eliminate one-time funds received in HB1027 (FY07) for the purchase of the field office phone system.

State General Funds

($156,007)

TUESDAY, APRIL 17, 2007

2875

52.95 Realize non-Georgia Building Authority lease savings through the renegotiation of rates to utilize funds ($10,848) for the replacement of two vehicles with mileage in excess of 135,000 miles. (G:YES)(H:YES)

State General Funds

$0

$0

($10,848)

52.98 Transfer funds and activities from the Chartering, Licensing and Applications/Non-Mortgage Entities program. (G:YES)(H and S:NO; Do not reorganize programs)

State General Funds

$0

$0

$0

52.99 SAC: 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. House: 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. Provide efficient and flexible application, registration and notification procedures that are in compliance with applicable laws, regulations, and department policies to allow financial service providers more flexibility in offering products and services that are responsive to the needs and convenience of depositors, borrowers, and other customers and conducive to economic progress. Governor: Provide for safe and sound operation of Georgia state-chartered financial institutions to protect the interests of the depositors, creditors and shareholders of those institutions. Provide efficient and flexible application, registration and notification procedures that are in compliance with applicable laws, regulations, and department policies to allow financial service providers more flexibility in offering products and services that are responsive to the needs and convenience of depositors, borrowers, and other customers and conducive to economic progress.

State General Funds

$0

$0

$0

52.0Financial Institution Supervision

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$6,924,863 $6,924,863 $6,924,863

$6,924,863 $6,924,863 $6,924,863

$6,734,312 $6,734,312 $6,734,312

Mortgage Supervision

Continuation Budget

The purpose of this appropriation is to protect consumers from unfair, deceptive or fraudulent residential mortgage lending practices

and enforce applicable laws and regulations.

2876

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,796,918 $1,796,918 $1,796,918

$1,796,918 $1,796,918 $1,796,918

$1,796,918 $1,796,918 $1,796,918

53.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$9,906

$9,906

$9,906

53.2 Realize non-Georgia Building Authority leasing savings through the renegotiation of rates to reduce funds from operations.

State General Funds

($14,764)

($14,764)

($14,764)

53.98 Transfer funds and activities from the Chartering, Licensing and Applications/Non-Mortgage Entities and the Mortgage Supervision programs to create a new Non-Depository Financial Institution Supervision program. (G:YES)(H and S:NO; Do not reorganize programs)

State General Funds

$0

$0

$0

53.0Mortgage Supervision

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$1,792,060 $1,792,060 $1,792,060

$1,792,060 $1,792,060 $1,792,060

$1,792,060 $1,792,060 $1,792,060

Section 16: Community Affairs, Department of

Section Total - Continuation

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers

$94,212,593 $47,089,260 $47,123,333 $93,634,621 $93,634,621 $10,979,470
$9,715 $9,477,792

$94,212,593 $47,089,260 $47,123,333 $93,634,621 $93,634,621 $10,979,470
$9,715 $9,477,792

$94,212,593 $47,089,260 $47,123,333 $93,634,621 $93,634,621 $10,979,470
$9,715 $9,477,792

TUESDAY, APRIL 17, 2007

2877

Sales and Services TOTAL PUBLIC FUNDS

$1,491,963

$1,491,963

$1,491,963

$198,826,684 $198,826,684 $198,826,684

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers
TOTAL PUBLIC FUNDS

$94,122,399 $46,999,066 $47,123,333 $93,634,621 $93,634,621 $10,979,470
$9,715 $9,477,792 $1,491,963
$198,736,490

Section Total - Final

$95,872,399 $48,749,066 $47,123,333 $93,634,621 $93,634,621 $10,979,470
$9,715 $9,477,792 $1,491,963
$100,000 $100,000 $200,586,490

$142,824,530 $95,701,197 $47,123,333 $93,634,621 $93,634,621 $10,979,470
$9,715 $9,477,792 $1,491,963
$100,000 $100,000 $247,538,621

Building Construction

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$289,555 $289,555 $171,722 $171,722 $171,722 $461,277

$289,555 $289,555 $171,722 $171,722 $171,722 $461,277

$289,555 $289,555 $171,722 $171,722 $171,722 $461,277

54.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$2,960

$2,960

$2,960

54.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$4,266

$4,266

$4,266

2878

JOURNAL OF THE HOUSE

54.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$11,027

$11,027

$11,027

54.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$2,428

$2,428

$2,428

54.5 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations. (H:Transfer funds to the Departmental Administration program for a consultant to advise the department in the Georgia Oglethorpe Award Process)

State General Funds

($234)

($234)

($234)

54.0Building Construction

Appropriation (HB 95)

The purpose of this appropriation is to establish minimum building construction standards for all new structures including massproduced factory built (modular) buildings built in the state.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$310,002 $310,002 $171,722 $171,722 $171,722 $481,724

$310,002 $310,002 $171,722 $171,722 $171,722 $481,724

$310,002 $310,002 $171,722 $171,722 $171,722 $481,724

Coordinated Planning

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$3,694,744 $3,694,744 $3,694,744

$3,694,744 $3,694,744 $3,694,744

$3,694,744 $3,694,744 $3,694,744

55.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$19,952

$19,952

$19,952

55.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

TUESDAY, APRIL 17, 2007

2879

State General Funds

$25,590

$25,590

$25,590

55.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$66,160

$66,160

$66,160

55.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$22,156

$22,156

$22,156

55.5 Increase funds for two time-limited positions and funds for the Local Update of Census Addresses project to ensure Georgia's citizens are accurately counted in the 2010 Census. [One-Time Change]

State General Funds

$206,000

$206,000

$1,311,000

55.6 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations. (H:Transfer funds to the Departmental Administration program for a consultant to advise the department in the Georgia Oglethorpe Award Process)

State General Funds

($5,791)

($5,791)

($5,791)

55.7 Increase funds for the sixteen Regional Development Centers.

State General Funds

$100,000

$0

55.0Coordinated Planning

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$4,028,811 $4,028,811 $4,028,811

$4,128,811 $4,128,811 $4,128,811

$5,133,811 $5,133,811 $5,133,811

Departmental Administration

Continuation Budget

The purpose of this appropriation is to provide administrative support for all programs of the department.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS

$2,301,555 $2,301,555
$22,000 $22,000 $2,592,412

$2,301,555 $2,301,555
$22,000 $22,000 $2,592,412

$2,301,555 $2,301,555
$22,000 $22,000 $2,592,412

2880

JOURNAL OF THE HOUSE

Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$2,476,773 $2,476,773
$115,639 $115,639 $4,915,967

$2,476,773 $2,476,773
$115,639 $115,639 $4,915,967

$2,476,773 $2,476,773
$115,639 $115,639 $4,915,967

56.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$18,629

$18,629

$18,629

56.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$24,169

$24,169

$24,169

56.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$62,485

$62,485

$62,485

56.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$20,288

$20,288

$20,288

56.5 Transfer building management and two positions from the Homeownership Programs.

Intergovernmental Transfers Not Itemized

$111,834

$111,834

$111,834

56.6 Transfer funds to the State Community Development Programs to recruit master practitioners for downtown development initiatives and expand design services.

State General Funds

($36,905)

($36,905)

($36,905)

56.7 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to increase funds for a consultant to advise the department in the Georgia Oglethorpe Award Process.

State General Funds

$14,316

$14,316

$0

56.8 Transfer one position and associated costs to the Federal Community and Economic Development Programs.

State General Funds

($179,471)

($179,471)

56.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($3,431) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($3,431)

TUESDAY, APRIL 17, 2007

2881

56.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($1,568) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($1,568)

56.0Departmental Administration

Appropriation (HB 95)

The purpose of this appropriation is to provide administrative support for all programs of the department.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$2,404,537 $2,404,537
$22,000 $22,000 $2,704,246 $2,588,607 $2,588,607 $115,639 $115,639 $5,130,783

$2,225,066 $2,225,066
$22,000 $22,000 $2,704,246 $2,588,607 $2,588,607 $115,639 $115,639 $4,951,312

$2,205,751 $2,205,751
$22,000 $22,000 $2,704,246 $2,588,607 $2,588,607 $115,639 $115,639 $4,931,997

Environmental Education and Assistance

Continuation Budget

The purpose of this appropriation is to provide technical assistance, resource tools, and public education outreach resources.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$998,853 $998,853 $998,853

$998,853 $998,853 $998,853

$998,853 $998,853 $998,853

57.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$7,874

$7,874

$7,874

57.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$9,952

$9,952

$9,952

57.3 Reflect an adjustment in the employer share of State Health Benefit Plan premiums from 16.713% to 22.843%.

State General Funds

$25,729

$25,729

$25,729

57.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$7,707

$7,707

$7,707

2882

JOURNAL OF THE HOUSE

57.5 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations. (H:Transfer funds to the Departmental Administration program for a consultant to advise the department in the Georgia Oglethorpe Award Process)

State General Funds

($2,275)

($2,275)

($2,275)

57.0Environmental Education and Assistance

Appropriation (HB 95)

The purpose of this appropriation is to provide technical assistance, resource tools, and public education outreach resources.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,047,840 $1,047,840 $1,047,840

$1,047,840 $1,047,840 $1,047,840

$1,047,840 $1,047,840 $1,047,840

Federal Community and Economic Development Programs

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$1,760,337 $1,760,337 $37,043,876 $37,043,876 $38,804,213

$1,760,337 $1,760,337 $37,043,876 $37,043,876 $38,804,213

$1,760,337 $1,760,337 $37,043,876 $37,043,876 $38,804,213

58.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$15,862

$15,862

$15,862

58.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$24,169

$24,169

$24,169

58.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$62,484

$62,484

$62,484

58.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$20,230

$20,230

$20,230

58.5 Reduce funds from the Community Development Block Grants.

TUESDAY, APRIL 17, 2007

2883

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($20,000)

($20,000)

($20,000) ($300,000) ($320,000)

58.6 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations. (H:Transfer funds to the Departmental Administration program for a consultant to advise the department in the Georgia Oglethorpe Award Process)

State General Funds

($1,621)

($1,621)

($1,621)

58.7 Transfer one position and associated costs from the Departmental Administration program.

State General Funds

$179,471

$0

58.0Federal Community and Economic Development Programs

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$1,861,461 $1,861,461 $37,043,876 $37,043,876 $38,905,337

$2,040,932 $2,040,932 $37,043,876 $37,043,876 $39,084,808

$1,861,461 $1,861,461 $36,743,876 $36,743,876 $38,605,337

Homeownership Programs

Continuation Budget

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.

TOTAL STATE FUNDS TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$0 $4,031,286 $4,014,155 $4,014,155
$17,131 $17,131 $4,031,286

$0 $4,031,286 $4,014,155 $4,014,155
$17,131 $17,131 $4,031,286

$0 $4,031,286 $4,014,155 $4,014,155
$17,131 $17,131 $4,031,286

59.1 Transfer the building management function to the Departmental Administration program.

Intergovernmental Transfers Not Itemized

($111,834)

($111,834)

($111,834)

2884

JOURNAL OF THE HOUSE

59.0Homeownership Programs

Appropriation (HB 95)

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.

TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$3,919,452 $3,902,321 $3,902,321
$17,131 $17,131 $3,919,452

$3,919,452 $3,902,321 $3,902,321
$17,131 $17,131 $3,919,452

$3,919,452 $3,902,321 $3,902,321
$17,131 $17,131 $3,919,452

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 State General Funds
TOTAL PUBLIC FUNDS

$6,540,903 $6,540,903 $6,540,903

$6,540,903 $6,540,903 $6,540,903

$6,540,903 $6,540,903 $6,540,903

60.1 Eliminate one-time funds received in HB1027 (FY07).

State General Funds

($6,540,903) ($6,540,903) ($6,540,903)

60.2 Increase funds to the City of John's Creek for median repairs and improvement work on State Route 141.

State General Funds

$250,000

$0

60.3 Increase funds to the City of Augusta for the Southeastern Firefighters Burn Foundation at the Joseph M. Still Burn Center.

State General Funds

$250,000

$50,000

60.0Local Assistance Grants

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$500,000 $500,000 $500,000

$50,000 $50,000 $50,000

TUESDAY, APRIL 17, 2007

2885

Regional Services

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$2,134,134 $2,134,134 $2,134,134

$2,134,134 $2,134,134 $2,134,134

$2,134,134 $2,134,134 $2,134,134

61.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$17,661

$17,661

$17,661

61.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$27,012

$27,012

$27,012

61.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$69,836

$69,836

$69,836

61.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$19,266

$19,266

$19,266

61.5 Increase funds for one rural economic development position and related operating expenses to implement economic development strategies in rural Georgia.

State General Funds

$59,450

$59,450

$59,450

61.6 Increase funds for the Local Development Fund. [One-Time Change]

State General Funds

$5,000,000

$6,000,000

$6,000,000

61.7 Eliminate one-time funds received in HB1027 (FY07) for a boundary study of Doraville, Chamblee, and the proposed City of Dunwoody.

State General Funds

($20,000)

($20,000)

($20,000)

61.8 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations. (H:Transfer funds to the Departmental Administration program for a consultant to advise the department in the Georgia Oglethorpe Award Process)

State General Funds

($2,454)

($2,454)

($2,454)

61.0Regional Services

Appropriation (HB 95)

2886

JOURNAL OF THE HOUSE

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 State General Funds
TOTAL PUBLIC FUNDS

$7,304,905 $7,304,905 $7,304,905

$8,304,905 $8,304,905 $8,304,905

$8,304,905 $8,304,905 $8,304,905

Rental Housing Programs

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$3,287,829 $3,287,829 $56,556,858 $56,556,858 $3,009,535
$9,715 $9,715 $2,986,864 $2,986,864 $12,956 $12,956 $62,854,222

$3,287,829 $3,287,829 $56,556,858 $56,556,858 $3,009,535
$9,715 $9,715 $2,986,864 $2,986,864 $12,956 $12,956 $62,854,222

$3,287,829 $3,287,829 $56,556,858 $56,556,858 $3,009,535
$9,715 $9,715 $2,986,864 $2,986,864 $12,956 $12,956 $62,854,222

62.0Rental Housing Programs

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Reserved Fund Balances

$3,287,829 $3,287,829 $56,556,858 $56,556,858 $3,009,535
$9,715

$3,287,829 $3,287,829 $56,556,858 $56,556,858 $3,009,535
$9,715

$3,287,829 $3,287,829 $56,556,858 $56,556,858 $3,009,535
$9,715

TUESDAY, APRIL 17, 2007

2887

Reserved Fund Balances Not Itemized Intergovernmental Transfers
Intergovernmental Transfers Not Itemized Sales and Services
Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$9,715 $2,986,864 $2,986,864
$12,956 $12,956 $62,854,222

$9,715 $2,986,864 $2,986,864
$12,956 $12,956 $62,854,222

$9,715 $2,986,864 $2,986,864
$12,956 $12,956 $62,854,222

Research and Surveys

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$578,685 $578,685 $578,685

$578,685 $578,685 $578,685

$578,685 $578,685 $578,685

63.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$6,292

$6,292

$6,292

63.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$8,530

$8,530

$8,530

63.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$22,053

$22,053

$22,053

63.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$5,780

$5,780

$5,780

63.5 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations. (H:Transfer funds to the Departmental Administration program for a consultant to advise the department in the Georgia Oglethorpe Award Process)

State General Funds

($558)

($558)

($558)

63.0Research and Surveys

Appropriation (HB 95)

The purpose of this appropriation is to conduct surveys and collect financial/management data from local governments and authorities as directed by statute.

2888

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$620,782 $620,782 $620,782

Special Housing Initiatives The purpose of this appropriation is to provide funds for Special Housing Initiatives.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$3,332,892 $3,332,892 $1,174,515 $1,174,515 $1,174,515 $4,507,407

$620,782 $620,782 $620,782

$620,782 $620,782 $620,782

Continuation Budget

$3,332,892 $3,332,892 $1,174,515 $1,174,515 $1,174,515 $4,507,407

$3,332,892 $3,332,892 $1,174,515 $1,174,515 $1,174,515 $4,507,407

64.1 Transfer $100,000 in TANF funds to the Special Housing Initiatives program for grants to organizations, non-profits, collaboratives, or housing authorities to provide programs for the preservation of healthy marriages among low-income individuals.

FF Temporary Assistance for Needy Families CFDA93.558

$100,000

$100,000

64.0Special Housing Initiatives

The purpose of this appropriation is to provide funds for Special Housing Initiatives.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Temporary Assistance for Needy Families CFDA93.558
TOTAL PUBLIC FUNDS

$3,332,892 $3,332,892 $1,174,515 $1,174,515 $1,174,515
$4,507,407

Appropriation (HB 95)

$3,332,892 $3,332,892 $1,174,515 $1,174,515 $1,174,515
$100,000 $100,000 $100,000 $4,607,407

$3,332,892 $3,332,892 $1,174,515 $1,174,515 $1,174,515
$100,000 $100,000 $100,000 $4,607,407

State Community Development Programs

Continuation Budget

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.

TUESDAY, APRIL 17, 2007

2889

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,234,350 $1,234,350 $1,234,350

$1,234,350 $1,234,350 $1,234,350

$1,234,350 $1,234,350 $1,234,350

65.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$12,556

$12,556

$12,556

65.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$17,061

$17,061

$17,061

65.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$44,106

$44,106

$44,106

65.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$13,486

$13,486

$13,486

65.5 Increase funds to hire master practitioner specialists to offer advanced services to Georgia's communities involved in downtown and commercial area redevelopment.

State General Funds

$56,905

$56,905

$56,905

65.6 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations. (H:Transfer funds to the Departmental Administration program for a consultant to advise the department in the Georgia Oglethorpe Award Process)

State General Funds

($865)

($865)

($865)

65.0State Community Development Programs

Appropriation (HB 95)

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.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,377,599 $1,377,599 $1,377,599

$1,377,599 $1,377,599 $1,377,599

$1,377,599 $1,377,599 $1,377,599

State Economic Development Program

Continuation Budget

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.

2890

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$9,779,024 $9,779,024
$11,887 $11,887 $9,790,911

$9,779,024 $9,779,024
$11,887 $11,887 $9,790,911

$9,779,024 $9,779,024
$11,887 $11,887 $9,790,911

66.1 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$1,422

$1,422

$1,422

66.2 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$3,676

$3,676

$3,676

66.3 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$963

$963

$963

66.4 Increase funds for the Regional Economic Business Assistance (REBA) program to assist local redevelopment authorities in creating comprehensive economic development plans. [One-Time Change]

State General Funds

$330,160

$330,160

$330,160

66.5 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations. (H:Transfer funds to the Departmental Administration program for a consultant to advise the department in the Georgia Oglethorpe Award Process)

State General Funds

($518)

($518)

($518)

66.6 Redirect $250,000 from the GHFA Georgia Cities Foundation (Downtown Development Fund) and transfer $300,000 from Community Development Block Grants to the City of Richland for an emergency water redistribution system (Total $1,150,000). [One-Time Change]

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$600,000 $300,000 $900,000

66.0State Economic Development Program

Appropriation (HB 95)

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.

TUESDAY, APRIL 17, 2007

2891

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$10,114,727 $10,114,727
$11,887 $11,887 $10,126,614

$10,114,727 $10,114,727
$11,887 $11,887 $10,126,614

$10,714,727 $10,714,727
$311,887 $311,887 $11,026,614

Payments to Georgia Environmental Facilities Authority

Continuation Budget

The purpose of this appropriation is to provide funds for the Georgia Rural Water Association and the Infrastructure Grant Program.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$6,585,782 $6,585,782 $6,585,782

$6,585,782 $6,585,782 $6,585,782

$6,585,782 $6,585,782 $6,585,782

67.1 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$4,083

$4,083

$0

67.2 Reduce one-time funds received in HB1027 (FY07) from the Georgia Rural Water Association.

State General Funds

($150,000)

$0

$0

67.3 Increase grant funds to acquire lands for the preservation and protection of Georgia's critical and essential watersheds and wildlife habitats within the Governor's Land Conservation program. [One-Time Change]

State General Funds

$45,000,000

67.4 Increase funds for incentive grants for the reuse of treated wastewater to support growth and economic development. [One-Time
Change]

State General Funds

$500,000

67.5 Increase funds to establish an E-85 grant program according to SB157 (2007 Session). [One-Time Change]

State General Funds

$500,000

67.99 SAC: The purpose of this appropriation is to provide funds for the Georgia Rural Water Association, the Infrastructure Grant Program, the Energy Plan Program, the Governor's Land Conservation program, the Reuse of Treated Water Incentive Grant Program, and the E-85 Grant Program. House: Provide low interest loans for water, wastewater, and solid waste projects. Governor: Provide low interest loans for water, wastewater, and solid waste projects.

State General Funds

$0

$0

$0

67.0Payments to Georgia Environmental Facilities Authority

Appropriation (HB 95)

2892

JOURNAL OF THE HOUSE

The purpose of this appropriation is to provide funds for the Georgia Rural Water Association, the Infrastructure Grant Program, the Energy Plan Program, the Governor's Land Conservation program, the Reuse of Treated Water Incentive Grant Program, and the E85 Grant Program.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$6,439,865 $6,439,865 $6,439,865

$6,589,865 $6,589,865 $6,589,865

$52,585,782 $52,585,782 $52,585,782

Payments to OneGeorgia Authority The purpose of this appropriation is to provide funds for the OneGeorgia Authority.

TOTAL STATE FUNDS Tobacco Settlement Funds
TOTAL PUBLIC FUNDS

$47,123,333 $47,123,333 $47,123,333

Continuation Budget

$47,123,333 $47,123,333 $47,123,333

$47,123,333 $47,123,333 $47,123,333

68.0Payments to OneGeorgia Authority

The purpose of this appropriation is to provide funds for the OneGeorgia Authority.

TOTAL STATE FUNDS Tobacco Settlement Funds
TOTAL PUBLIC FUNDS

$47,123,333 $47,123,333 $47,123,333

Appropriation (HB 95)

$47,123,333 $47,123,333 $47,123,333

$47,123,333 $47,123,333 $47,123,333

Payments to Georgia Regional Transportation Authority

Continuation Budget

The purpose of this appropriation is to improve Georgia's mobility, air quality, and land use practices.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$4,570,617 $4,570,617 $4,570,617

$4,570,617 $4,570,617 $4,570,617

$4,570,617 $4,570,617 $4,570,617

69.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$35,154

$35,154

$35,154

69.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$66,145

$66,145

$66,145

69.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$173,399

$173,399

$173,399

TUESDAY, APRIL 17, 2007

2893

69.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$22,501

$22,501

$22,501

69.0Payments to Georgia Regional Transportation Authority

Appropriation (HB 95)

The purpose of this appropriation is to improve Georgia's mobility, air quality, and land use practices.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$4,867,816 $4,867,816 $4,867,816

$4,867,816 $4,867,816 $4,867,816

$4,867,816 $4,867,816 $4,867,816

If a local assistance grant incorrectly identifies the local government recipient for the stated purpose, then the intended recipient is the local government entity with responsibility for the purpose. If a local assistance grant states an ineligible purpose, the intended purpose is eligible activity of the stated recipient with substantially similar character. Where a local assistance grant states that it is for the operation of a private program or a private entity, the intent is that the local government recipient contract for services of such a nature from the private entity. If a local assistance grant states that it is for the purchase of property for a private entity or for the improvement of property of a private entity, the intent is that recipient contract for services of the private entity using the property.

Section 17: Community Health, Department of

Section Total - Continuation

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 Reserved Fund Balances Intergovernmental Transfers Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

$2,379,182,299 $2,379,182,299 $2,379,182,299

$2,323,237,938 $2,323,237,938 $2,323,237,938

$55,944,361 $55,944,361 $55,944,361

$5,313,798,831 $5,313,798,831 $5,313,798,831

$5,063,767,781 $5,063,767,781 $5,063,767,781

$250,031,050 $250,031,050 $250,031,050

$573,344,306 $573,344,306 $573,344,306

$341,510,803 $341,510,803 $341,510,803

$229,301,343 $229,301,343 $229,301,343

$2,532,160

$2,532,160

$2,532,160

$2,711,397,347 $2,711,397,347 $2,711,397,347

$2,711,397,347 $2,711,397,347 $2,711,397,347

$10,977,722,783 $10,977,722,783 $10,977,722,783

Section Total - Final

2894

JOURNAL OF THE HOUSE

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 Reserved Fund Balances Intergovernmental Transfers Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

$2,503,109,178 $2,465,484,178 $2,494,221,982

$2,450,635,522 $2,413,010,522 $2,440,548,326

$52,473,656 $52,473,656 $53,673,656

$5,711,017,853 $5,490,827,364 $5,536,223,029

$5,445,988,173 $5,249,386,670 $5,294,782,335

$265,029,680 $241,440,694 $241,440,694

$545,505,840 $467,546,203 $467,546,203

$313,672,337 $235,712,700 $235,712,700

$229,301,343 $229,301,343 $229,301,343

$2,532,160

$2,532,160

$2,532,160

$2,987,767,998 $2,987,767,998 $2,987,767,998

$2,987,767,998 $2,987,767,998 $2,987,767,998

$11,747,400,869 $11,411,625,743 $11,485,759,212

Departmental Administration and Program Support

Continuation Budget

The purpose of this appropriation is to provide administrative support to all departmental programs.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments
TOTAL PUBLIC FUNDS

$87,102,839 $87,102,839 $277,247,793 $268,967,904 $8,279,889 $14,362,160 $14,130,000 $14,130,000
$232,160 $232,160 $19,240,263 $19,240,263 $19,240,263 $397,953,055

$87,102,839 $87,102,839 $277,247,793 $268,967,904 $8,279,889 $14,362,160 $14,130,000 $14,130,000
$232,160 $232,160 $19,240,263 $19,240,263 $19,240,263 $397,953,055

$87,102,839 $87,102,839 $277,247,793 $268,967,904 $8,279,889 $14,362,160 $14,130,000 $14,130,000
$232,160 $232,160 $19,240,263 $19,240,263 $19,240,263 $397,953,055

70.1 Annualize the cost of the FY07 salary adjustment.

TUESDAY, APRIL 17, 2007

2895

State General Funds Medical Assistance Program CFDA93.778 Health Insurance Payments TOTAL PUBLIC FUNDS

$99,472 $118,851
$43,686 $262,009

$99,472 $118,851
$43,686 $262,009

$99,472 $118,851
$43,686 $262,009

70.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$225,572

$225,572

$225,572

70.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$579,018 $868,581 $1,447,599

$579,018 $868,581 $1,447,599

$579,018 $868,581 $1,447,599

70.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$73,496 $74,416 $147,912

$73,496 $74,416 $147,912

$73,496 $74,416 $147,912

70.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$116,977 $103,734 $220,711

$116,977 $103,734 $220,711

$116,977 $103,734 $220,711

70.6 Increase funds for eight positions for contract management process improvement.

State General Funds Medical Assistance Program CFDA93.778 Health Insurance Payments TOTAL PUBLIC FUNDS

$265,581 $265,581
$61,502 $592,664

$265,581 $265,581
$61,502 $592,664

$265,581 $265,581
$61,502 $592,664

70.7 Increase funds for two legal services positions to provide support for member and provider appeals.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$63,489 $63,489 $126,978

$63,489 $63,489 $126,978

$63,489 $63,489 $126,978

70.8 Increase funds for a financial management position to provide on-going actuarial support.

2896

JOURNAL OF THE HOUSE

State General Funds Medical Assistance Program CFDA93.778 Health Insurance Payments TOTAL PUBLIC FUNDS

$58,242 $58,242 $28,620 $145,104

$58,242 $58,242 $28,620 $145,104

$58,242 $58,242 $28,620 $145,104

70.9 Increase funds for the annual independent review of the Georgia Healthy Families Program to assess quality, access and performance outcomes in compliance with federal regulations.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$3,989,673 $3,989,672 $7,979,345

$3,989,673 $3,989,672 $7,979,345

$3,989,673 $3,989,672 $7,979,345

70.10 Increase funds for five positions and software for program integrity enhancements.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$938,372 $938,372 $1,876,744

$938,372 $938,372 $1,876,744

$938,372 $938,372 $1,876,744

70.11 Increase funds for three Medicaid eligibility positions.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$81,083 $81,082 $162,165

$81,083 $81,082 $162,165

$81,083 $81,082 $162,165

70.12 Increase funds for two accounting positions to audit payroll locations.

Health Insurance Payments

$161,234

$161,234

$161,234

70.13 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations.

State General Funds

($19,593)

($19,593)

($19,593)

70.14 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to reduce funds from operations.

State General Funds

($18,384)

($18,384)

($18,384)

70.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize agency funds ($234,340) and federal funds ($96,742) for operations. (G:YES)(H:YES)(S:YES)

Medical Assistance Program CFDA93.778 Health Insurance Payments TOTAL PUBLIC FUNDS

$0

$0

$0

$0

$0

$0

$0

$0

$0

70.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize agency funds ($7,283) and federal funds ($45,082) for operations. (G:YES)(H:YES)(S:YES)

TUESDAY, APRIL 17, 2007

Medical Assistance Program CFDA93.778 Health Insurance Payments TOTAL PUBLIC FUNDS

$0

$0

$0

$0

$0

$0

$0

$0

$0

70.0Departmental Administration and Program Support

Appropriation (HB 95)

The purpose of this appropriation is to provide administrative support to all departmental programs.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments
TOTAL PUBLIC FUNDS

$93,555,837 $93,555,837 $283,809,813 $275,529,924 $8,279,889 $14,362,160 $14,130,000 $14,130,000
$232,160 $232,160 $19,535,305 $19,535,305 $19,535,305 $411,263,115

$93,555,837 $93,555,837 $283,809,813 $275,529,924 $8,279,889 $14,362,160 $14,130,000 $14,130,000
$232,160 $232,160 $19,535,305 $19,535,305 $19,535,305 $411,263,115

$93,555,837 $93,555,837 $283,809,813 $275,529,924 $8,279,889 $14,362,160 $14,130,000 $14,130,000
$232,160 $232,160 $19,535,305 $19,535,305 $19,535,305 $411,263,115

Health Care Access and Improvement

Continuation Budget

The purpose of this appropriation is to improve the health, wellness and access to healthcare for Georgians.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$10,849,617 $10,849,617
$549,838 $549,838 $100,000 $100,000 $100,000 $11,499,455

$10,849,617 $10,849,617
$549,838 $549,838 $100,000 $100,000 $100,000 $11,499,455

$10,849,617 $10,849,617
$549,838 $549,838 $100,000 $100,000 $100,000 $11,499,455

71.1 Annualize the cost of the FY07 salary adjustment.

2897

2898

JOURNAL OF THE HOUSE

State General Funds

$25,372

$25,372

$25,372

71.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$48,810

$48,810

$48,810

71.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$125,289

$125,289

$125,289

71.4 Eliminate one-time funds received in HB1027 (FY07) to establish a statewide electronic medical records system.

State General Funds

($750,000)

($750,000)

($750,000)

71.5 Increase funds to implement the Health Information Technology pilot to promote health care information transparency. (H:Implement the Health Information Technology pilot through a partnership with the Medical College of Georgia to provide a web-based remote hosted health information technology network ($500,000) to improve the quality and efficiency of health care in the Augusta region)

State General Funds

$1,000,000

$800,000

$1,000,000

71.6 Eliminate one-time funds received in HB1027 (FY07) for Oconee Medical Center radiation equipment.

State General Funds

($150,000)

($150,000)

($150,000)

71.7 Eliminate one-time funds received in HB1027 (FY07) for the Southwest Georgia Cancer Coalition.

State General Funds

($200,000)

($200,000)

($200,000)

71.8 Increase funds to improve access to primary health care in rural Georgia.

Tobacco Settlement Funds

$1,500,000

$1,500,000

$1,200,000

71.9 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to increase funds for the Health Advisory Board.

State General Funds

$19,593

$19,593

$0

71.10 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to increase funds for the Health Advisory Board.

State General Funds

$18,384

$18,384

$0

71.11 Reduce excess funds for the three-year commitment with Hughes Spalding Children's Hospital while its management transitions from Grady Health System to Children's Healthcare of Atlanta.

State General Funds

($500,000)

($500,000)

TUESDAY, APRIL 17, 2007

2899

71.12 Increase funds to the Area Health Education Centers (AHEC), $163,000 to support student housing while on community based clinical rotations and $337,000 to increase the core operating resources for the six regional AHEC centers. [One-Time Change]

State General Funds

$500,000

$500,000

71.13 Increase funds for "new start" Community Health Centers to be administered and contracted with the Georgia Association for Primary Health Care; sites: Norcross, Gwinnett County; LaFayette, Walker County; Augusta, Richmond County and Chatsworth, Murray County. (S:Alma, Bacon County; Macon, Bibb County; Norcross, Gwinnett County; Lakeland, and Lanier County) [One-Time Change]

State General Funds

$1,000,000

$1,000,000

71.14 Increase funds for behavioral health services integration with existing Community Health Centers to be administered and contracted with the Georgia Association for Primary Health Care; sites: Albany Area Primary Health Care, Inc. based in Dougherty County, serving multi-county sites in Southwest Georgia; Community Health Care Systems, Inc. based in Washington County, serving multi-county sites in East Georgia and Valley Health Care System, Inc. based in Muscogee County, serving multi-county sites in West Georgia. (S:Add funds for East Georgia Health Care Center, Inc. based in Emanuel County, serving multi-county sites in Southeast Georgia; and the new Community Health Center in Alma, Bacon County) [One-
Time Change]

State General Funds

$750,000

$1,250,000

71.15 Increase funds to the Georgia Association for Primary Health Care to complete the statewide Electronic Medical Records system to link together the Federally Qualified Community Health Centers. [One-Time Change]

State General Funds

$375,000

$750,000

71.16 Transfer funds from the Georgia Cancer Coalition program to provide core operational funding at $250,000 for each of the six Regional Cancer Coalitions of Excellence: Central Georgia Cancer Coalition, East Georgia Cancer Network, Northwest Georgia Regional Cancer Coalition, Southeast Georgia Cancer Alliance, Southwest Georgia Cancer Coalition, and West Central Georgia Cancer Coalition.

Tobacco Settlement Funds

$1,500,000

71.0Health Care Access and Improvement

Appropriation (HB 95)

The purpose of this appropriation is to improve the health, wellness and access to healthcare for Georgians.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS

$12,487,065 $10,987,065 $1,500,000
$549,838

$14,412,065 $12,912,065 $1,500,000
$549,838

$16,649,088 $13,949,088 $2,700,000
$549,838

2900

JOURNAL OF THE HOUSE

Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$549,838 $100,000 $100,000 $100,000 $13,136,903

$549,838 $100,000 $100,000 $100,000 $15,061,903

$549,838 $100,000 $100,000 $100,000 $17,298,926

Indigent Care Trust Fund

Continuation Budget

The purpose of this appropriation is to support rural and other healthcare providers, primarily hospitals, that serve medically

indigent Georgians.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Hospital Authorities Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$146,000,635 $146,000,635 $503,123,666 $503,123,666 $167,737,319
$6,999,997 $6,999,997 $158,537,322 $158,537,322 $2,200,000 $2,200,000 $816,861,620

$146,000,635 $146,000,635 $503,123,666 $503,123,666 $167,737,319
$6,999,997 $6,999,997 $158,537,322 $158,537,322 $2,200,000 $2,200,000 $816,861,620

$146,000,635 $146,000,635 $503,123,666 $503,123,666 $167,737,319
$6,999,997 $6,999,997 $158,537,322 $158,537,322 $2,200,000 $2,200,000 $816,861,620

72.1 Increase funds to reflect projected Care Management Organization (CMO) quality assessment fees from the PeachCare program.

State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS

$22,403,987 $63,864,735 $86,268,722

$22,403,987 $63,864,735 $86,268,722

$22,403,987 $63,864,735 $86,268,722

72.2 Increase funds to reflect projected CMO quality assessment fees from the Low-Income Medicaid program. (S:Transfer to LowIncome Medicaid program)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$13,251,567 $13,251,567

$0

$22,390,087 $22,390,087

$0

$35,641,654 $35,641,654

$0

TUESDAY, APRIL 17, 2007

2901

72.3 Reduce prior year funds carried forward for funds available for private hospitals in the Disproportionate Share Hospital (DSH) program.

Medical Assistance Program CFDA93.778 Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS

($11,243,415) ($6,999,997) ($18,243,412)

($11,243,415) ($6,999,997) ($18,243,412)

($11,243,415) ($6,999,997) ($18,243,412)

72.98 Transfer the CMO quality assessment fees to the new Medicaid program (Total Funds: $379,204,156). (G:YES)(H:YES)(S:NO; Transfer to Low-Income Medicaid program)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$0

$0 ($145,500,635)

$0

$0 ($233,703,521)

$0

$0 ($379,204,156)

72.99 Transfer the CMO quality assessment fees to the new PeachCare program (Total Funds: $86,268,722). (G:YES)(H:YES)(S:NO; Transfer to existing PeachCare program)

State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS

$0

$0 ($22,403,987)

$0

$0 ($63,864,735)

$0

$0 ($86,268,722)

72.0Indigent Care Trust Fund

Appropriation (HB 95)

The purpose of this appropriation is to support rural and other healthcare providers, primarily hospitals, that serve medically indigent Georgians.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767
TOTAL AGENCY FUNDS Intergovernmental Transfers Hospital Authorities Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$181,656,189 $181,656,189 $578,135,073 $514,270,338 $63,864,735 $160,737,322 $158,537,322 $158,537,322
$2,200,000 $2,200,000 $920,528,584

$181,656,189 $181,656,189 $578,135,073 $514,270,338 $63,864,735 $160,737,322 $158,537,322 $158,537,322
$2,200,000 $2,200,000 $920,528,584

$500,000 $500,000 $258,176,730 $258,176,730
$160,737,322 $158,537,322 $158,537,322
$2,200,000 $2,200,000 $419,414,052

Medicaid: Aged, Blind, and Disabled

Continuation Budget

2902

JOURNAL OF THE HOUSE

The purpose of this appropriation is to provide health care access primarily to elderly and disabled individuals.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Hospital Authorities
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments
TOTAL PUBLIC FUNDS

$1,088,523,973 $1,088,523,973 $2,557,321,929 $2,557,321,929
$238,819,974 $180,384,269 $180,384,269 $58,435,705 $58,435,705 $267,288,632 $267,288,632 $267,288,632 $4,151,954,508

$1,088,523,973 $1,088,523,973 $2,557,321,929 $2,557,321,929
$238,819,974 $180,384,269 $180,384,269 $58,435,705 $58,435,705 $267,288,632 $267,288,632 $267,288,632 $4,151,954,508

$1,088,523,973 $1,088,523,973 $2,557,321,929 $2,557,321,929
$238,819,974 $180,384,269 $180,384,269 $58,435,705 $58,435,705 $267,288,632 $267,288,632 $267,288,632 $4,151,954,508

73.1 Increase funds for the reimbursement rate by $25 per member per month (PMPM) for Service Options Using Resource in a Community Environment (SOURCE) enhanced case management from $150 PMPM to $175 PMPM.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$900,873 $1,529,977 $2,430,850

$900,873 $1,529,977 $2,430,850

$900,873 $1,529,977 $2,430,850

73.2 Increase funds to implement a Long-Term Care Partnership program to encourage investment in long-term care insurance. (G:YES)(H:YES)(S:YES)

State General Funds

$0

$0

$0

73.3 Increase funds to implement the Money Follows the Person Grant to balance the distribution of services between institutions and the community. (G:YES)(H:YES)(S:NO)

State General Funds

$0

$0

$0

73.4 Increase funds to reflect changes in the Federal Financial Participation (FFP) rate for Medicaid.

Medical Assistance Program CFDA93.778

$136,998,098 $136,998,098 $136,998,098

73.5 Increase funds for Medicaid incurred benefits growth.

TUESDAY, APRIL 17, 2007

2903

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$58,423,536 $98,713,463 $157,136,999

$58,423,536 $98,713,463 $157,136,999

$53,423,536 $90,265,372 $143,688,908

73.6 Reduce funds from operations.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($938,372) ($938,372) ($1,876,744)

($938,372) ($938,372) ($1,876,744)

($938,372) ($938,372) ($1,876,744)

73.7 Increase funds to raise the reimbursement rate to $62.38 for Speech Therapy visits, Code 92507.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$745,773 $1,260,071 $2,005,844

$745,773 $1,260,071 $2,005,844

73.8 Reduce funds to reflect cost avoidance from Program Integrity fraudulent claims prevention initiative.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($1,898,042) ($3,206,966) ($5,105,008)

($1,898,042) ($3,206,966) ($5,105,008)

73.9 The Department of Community Health shall implement a managed care program for the Aged, Blind and Disabled Medicaid population in the Atlanta region effective January 1, 2008.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($30,000,000)

$0

($50,688,542)

$0

($80,688,542)

$0

73.10 Reduce funds to reflect savings associated with HB551 (2007 Session) "State False Medicaid Claims Act".

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($10,000,000) ($16,896,180) ($26,896,180)

($5,000,000) ($8,448,090) ($13,448,090)

73.11 Reduce funds to properly reflect prior year funds.

Medical Assistance Program CFDA93.778 Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS

($65,266,308) ($65,266,308) ($38,627,847) ($38,627,847) ($103,894,155) ($103,894,155)

73.12 Increase funds for the implementation of a Medicaid Buy-In Program.

2904

JOURNAL OF THE HOUSE

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$1,700,882 $2,322,030 $4,022,912

73.13 Increase funds to raise reimbursement rate by $12 for Medicaid dialysis services from $113 to $125.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$1,563,768 $2,643,033 $4,206,801

73.14 Increase funds for the nursing home reimbursement rate for a growth allowance of 0.5%.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$2,000,000 $3,259,006 $5,259,006

73.15 By December 1, 2007, the department shall conduct an analysis of the potential costs of providing preventative and restorative dental care to adults with disabilities who are Medicaid eligible, and shall recommend the changes to the Medicaid: Aged, Blind, and Disabled program. (S:YES)

State General Funds

$0

73.98 Transfer all funds and activities from the Medicaid: Aged, Blind and Disabled, Low-Income Medicaid, and Nursing Home Provider Fees programs, and the projected quality assessment fees from the Indigent Care Trust Fund to create a new Medicaid program. (G:YES)(H:YES)(S:NO)

State General Funds Medical Assistance Program CFDA93.778 Reserved Fund Balances Not Itemized Hospital Authorities Optional Medicaid Services Payments TOTAL PUBLIC FUNDS

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

73.0Medicaid: Aged, Blind, and Disabled

Appropriation (HB 95)

The purpose of this appropriation is to provide health care access primarily to elderly and disabled individuals.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778

$1,146,910,010 $1,146,910,010 $2,793,625,095 $2,793,625,095

$1,105,757,741 $1,105,757,741 $2,658,827,170 $2,658,827,170

$1,141,022,391 $1,141,022,391 $2,717,739,780 $2,717,739,780

TUESDAY, APRIL 17, 2007

2905

TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Hospital Authorities
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments
TOTAL PUBLIC FUNDS

$238,819,974 $180,384,269 $180,384,269 $58,435,705 $58,435,705 $267,288,632 $267,288,632 $267,288,632 $4,446,643,711

$200,192,127 $141,756,422 $141,756,422 $58,435,705 $58,435,705 $267,288,632 $267,288,632 $267,288,632 $4,232,065,670

$200,192,127 $141,756,422 $141,756,422 $58,435,705 $58,435,705 $267,288,632 $267,288,632 $267,288,632 $4,326,242,930

Medicaid: Low-Income Medicaid

Continuation Budget

The purpose of this appropriation is to provide healthcare access primarily to low-income individuals.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Hospital Authorities
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments
TOTAL PUBLIC FUNDS

$836,224,798 $785,251,142 $50,973,656 $1,574,329,108 $1,574,329,108 $131,486,384 $119,158,068 $119,158,068 $12,328,316 $12,328,316 $12,967,655 $12,967,655 $12,967,655 $2,555,007,945

$836,224,798 $785,251,142 $50,973,656 $1,574,329,108 $1,574,329,108 $131,486,384 $119,158,068 $119,158,068 $12,328,316 $12,328,316 $12,967,655 $12,967,655 $12,967,655 $2,555,007,945

$836,224,798 $785,251,142 $50,973,656 $1,574,329,108 $1,574,329,108 $131,486,384 $119,158,068 $119,158,068 $12,328,316 $12,328,316 $12,967,655 $12,967,655 $12,967,655 $2,555,007,945

74.1 Increase funds to reflect projected Care Management Organization (CMO) quality assessment fees ($35,641,654 total funds) in the new Medicaid program. (G:YES)(H:YES)(S:NO; Transfer $35,641,654 in total funds from the Indigent Care Trust Fund

to reflect projected quality assessment fees for the Low-Income Medicaid program)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$0

$0 $13,251,567

$0

$0 $22,390,087

$0

$0 $35,641,654

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74.2 Increase funds to reflect changes in Federal Funds Participation (FFP) rate for Medicaid.

Medical Assistance Program CFDA93.778

$82,643,580 $82,643,580 $82,643,580

74.3 Replace funds with fees earned in the Department of Human Resources (DHR) for newborn screening activities.

State General Funds Optional Medicaid Services Payments TOTAL PUBLIC FUNDS

($449,192) $449,192
$0

($449,192) $449,192
$0

($449,192) $449,192
$0

74.4 Reduce funds from operations.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($81,083) ($81,082) ($162,165)

($81,083) ($81,082) ($162,165)

($81,083) ($81,082) ($162,165)

74.5 Increase funds for Medicaid incurred benefits growth.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$595,071 $1,005,442 $1,600,513

$595,071 $1,005,442 $1,600,513

$595,071 $1,005,442 $1,600,513

74.6 Increase funds to reflect CMO administrative rate adjustments.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$8,214,959

$8,214,959 $13,880,143 $22,095,102

$8,214,959 $13,880,143 $22,095,102

74.7 Reflect cost avoidance by funded eligibility positions.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($5,461,600) ($9,228,018) ($14,689,618)

($5,461,600) ($9,228,018) ($14,689,618)

74.8 Reduce funds to properly reflect prior year funds.

Medical Assistance Program CFDA93.778 Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS

($66,455,703) ($66,455,703) ($39,331,790) ($39,331,790) ($105,787,493) ($105,787,493)

74.9 Reduce funds to reflect savings from CMO contract negotiations.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($8,000,000) ($13,516,945) ($21,516,945)

TUESDAY, APRIL 17, 2007

2907

74.10 Transfer remaining quality assessment fees for the Low-Income Medicaid program from the Indigent Care Trust Fund.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$145,500,635 $233,703,521 $379,204,156

74.98 Transfer all funds and activities from the Medicaid: Aged, Blind and Disabled, Low-Income Medicaid, and Nursing Home Provider Fees programs, and the projected quality assessment fees from the Indigent Care Trust Fund to create a new Medicaid program. (G:YES)(H:YES)(S:NO)

State General Funds Tobacco Settlement Funds Medical Assistance Program CFDA93.778 Reserved Fund Balances Not Itemized Hospital Authorities Optional Medicaid Services Payments TOTAL PUBLIC FUNDS

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

74.0Medicaid: Low-Income Medicaid

Appropriation (HB 95)

The purpose of this appropriation is to provide healthcare access primarily to low-income individuals.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Hospital Authorities
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments
TOTAL PUBLIC FUNDS

$844,504,553 $793,530,897 $50,973,656 $1,657,897,048 $1,657,897,048 $131,486,384 $119,158,068 $119,158,068 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $2,647,304,832

$839,042,953 $788,069,297 $50,973,656 $1,596,093,470 $1,596,093,470 $92,154,594 $79,826,278 $79,826,278 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $2,540,707,864

$989,795,155 $938,821,499 $50,973,656 $1,838,670,133 $1,838,670,133 $92,154,594 $79,826,278 $79,826,278 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $2,934,036,729

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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 State General Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS

$99,287,176 $99,287,176 $159,475,336 $159,475,336 $258,762,512

$99,287,176 $99,287,176 $159,475,336 $159,475,336 $258,762,512

$99,287,176 $99,287,176 $159,475,336 $159,475,336 $258,762,512

75.1 Increase funds to reflect a change in the nursing home provider fee from $9.15 per bed day to $12.21 per bed day.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$21,518,782 $36,358,523 $57,877,305

$21,518,782 $36,358,523 $57,877,305

$21,518,782 $36,358,523 $57,877,305

75.2 Increase funds to reflect changes in Federal Funds Participation (FFP) rate for Medicaid.

Medical Assistance Program CFDA93.778

$8,282,071

$8,282,071

$8,282,071

75.98 Transfer all funds and activities from the Medicaid: Aged, Blind and Disabled, Low-Income Medicaid, and Nursing Home Provider Fees programs, and the projected quality assessment fees from the Indigent Care Trust Fund to create a new Medicaid program. (G:YES)(H:YES)(S:NO)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$0

$0

$0

$0

$0

$0

$0

$0

$0

75.0Nursing Home Provider Fees

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS

$120,805,958 $120,805,958 $204,115,930 $204,115,930 $324,921,888

$120,805,958 $120,805,958 $204,115,930 $204,115,930 $324,921,888

$120,805,958 $120,805,958 $204,115,930 $204,115,930 $324,921,888

TUESDAY, APRIL 17, 2007

2909

PeachCare

Continuation Budget

The purpose of this appropriation is to improve access to healthcare for qualified low-income families.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS State Children's Insurance Program CFDA93.767
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments
TOTAL PUBLIC FUNDS

$67,159,673 $62,188,968 $4,970,705 $241,751,161 $241,751,161 $20,838,469 $20,838,469 $20,838,469
$466,735 $466,735 $466,735 $330,216,038

$67,159,673 $62,188,968 $4,970,705 $241,751,161 $241,751,161 $20,838,469 $20,838,469 $20,838,469
$466,735 $466,735 $466,735 $330,216,038

$67,159,673 $62,188,968 $4,970,705 $241,751,161 $241,751,161 $20,838,469 $20,838,469 $20,838,469
$466,735 $466,735 $466,735 $330,216,038

76.1 Replace funds.

State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS

$4,970,705 ($4,970,705)
$0

$4,970,705 ($4,970,705)
$0

$4,970,705 ($4,970,705)
$0

76.2 Increase funds to reflect projected Care Management Organization (CMO) quality assessment fees ($86,268,722 total funds) in the new PeachCare program. (G:YES)(H:YES)(S:NO; Transfer $86,268,722 in total funds from the Indigent Care Trust Fund to reflect projected quality assessment fees for the PeachCare program)

State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS

$0

$0 $22,403,987

$0

$0 $63,864,735

$0

$0 $86,268,722

76.3 Reduce funds to reflect CMO administrative rate adjustments.

State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS

($8,214,959)

($8,214,959) ($23,588,986) ($31,803,945)

($8,214,959) ($23,588,986) ($31,803,945)

76.4 Reduce transfers from the Department of Human Resources.

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State Children's Insurance Program CFDA93.767 Optional Medicaid Services Payments TOTAL PUBLIC FUNDS

($860,681) ($314,952) ($1,175,633)

($860,681) ($314,952) ($1,175,633)

($860,681) ($314,952) ($1,175,633)

76.5 Reduce prior year funds previously available for PeachCare benefits.

State Children's Insurance Program CFDA93.767 Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS

($56,946,036) ($20,838,469) ($77,784,505)

($56,946,036) ($20,838,469) ($77,784,505)

($56,946,036) ($20,838,469) ($77,784,505)

76.6 Increase funds to reflect changes in Federal Funds Participation (FFP) rate for Peachcare.

State Children's Insurance Program CFDA93.767

$8,940,612

$8,940,612

$8,940,612

76.98 Transfer all funds and activities from the PeachCare program and projected quality assessment fees from PeachCare to create a new "PeachCare" program. (G:YES)(H:YES)(S:NO)

State General Funds Tobacco Settlement Funds State Children's Insurance Program CFDA93.767 Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

76.0 PeachCare

Appropriation (HB 95)

The purpose of this appropriation is to improve access to healthcare for qualified low-income families.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS State Children's Insurance Program CFDA93.767
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments
TOTAL PUBLIC FUNDS

$58,944,714 $58,944,714 $192,885,056 $192,885,056
$151,783 $151,783 $151,783 $251,981,553

$58,944,714 $58,944,714 $169,296,070 $169,296,070
$151,783 $151,783 $151,783 $228,392,567

$81,348,701 $81,348,701 $233,160,805 $233,160,805
$151,783 $151,783 $151,783 $314,661,289

State Health Benefit Plan

Continuation Budget

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

TUESDAY, APRIL 17, 2007

2911

employer contribution rate for the teachers' health benefit plan for Fiscal Year 2008 shall not exceed 18.534% and for the state

employees' health benefit plan for Fiscal Year 2008 shall not exceed 22.843%.

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments
TOTAL PUBLIC FUNDS

$0 $0 $2,411,434,062 $2,411,434,062 $2,411,434,062 $2,411,434,062

$0 $0 $2,411,434,062 $2,411,434,062 $2,411,434,062 $2,411,434,062

$0 $0 $2,411,434,062 $2,411,434,062 $2,411,434,062 $2,411,434,062

77.1 Increase funds to reflect appropriated employer contributions for State Health Benefit Plan (SHBP) payments ($176,102,603) and other post-employment benefits (OPEB) for state employees ($100,000,000).

Health Insurance Payments

$276,102,603 $276,102,603 $276,102,603

77.2 Reduce funds from operations.

Health Insurance Payments

($161,234)

($161,234)

($161,234)

77.99 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. The employer contribution rate for the teachers' health benefit plan shall not exceed 18.534% and for the state employees' health benefit plan it shall not exceed 22.843%. House: 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' health benefit plan for Fiscal Year 2008 shall not exceed 18.534% and for the state employees' health benefit plan for Fiscal Year 2008 shall not exceed 22.843%.

State General Funds

$0

$0

77.0State Health Benefit Plan

Appropriation (HB 95)

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. The employer contribution rate for the teachers' health benefit plan shall not exceed 18.534% and for the state employees' health benefit plan it shall not exceed 22.843%.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments
TOTAL PUBLIC FUNDS

$2,687,375,431 $2,687,375,431 $2,687,375,431 $2,687,375,431

$2,687,375,431 $2,687,375,431 $2,687,375,431 $2,687,375,431

$2,687,375,431 $2,687,375,431 $2,687,375,431 $2,687,375,431

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Composite Board of Medical Examiners

Continuation Budget

The purpose of this appropriation is to protect the public's health by ensuring healthcare practioners are qualified to practice in the

State of Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,202,555 $2,202,555 $2,202,555

$2,202,555 $2,202,555 $2,202,555

$2,202,555 $2,202,555 $2,202,555

78.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$15,010

$15,010

$15,010

78.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$31,690

$31,690

$31,690

78.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$81,345

$81,345

$81,345

78.4 Increase funds for one position to review nurse practitioner protocol agreements.

State General Funds

$36,131

$0

$36,131

78.0Composite Board of Medical Examiners

Appropriation (HB 95)

The purpose of this appropriation is to protect the public's health by ensuring healthcare practioners are qualified to practice in the State of Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,366,731 $2,366,731 $2,366,731

$2,330,600 $2,330,600 $2,330,600

$2,366,731 $2,366,731 $2,366,731

Physician Workforce, Georgia Board of: Board Administration

Continuation Budget

The purpose of this appropriation is to provide administrative support to all agency programs.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$559,455 $559,455 $559,455

$559,455 $559,455 $559,455

$559,455 $559,455 $559,455

79.1 Annualize the cost of the FY07 salary adjustment.

TUESDAY, APRIL 17, 2007

2913

State General Funds

$5,976

$5,976

$5,976

79.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$7,407

$7,407

$7,407

79.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$19,012

$19,012

$19,012

79.0Physician Workforce, Georgia Board of: Board Administration

Appropriation (HB 95)

The purpose of this appropriation is to provide administrative support to all agency programs.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$591,850 $591,850 $591,850

$591,850 $591,850 $591,850

$591,850 $591,850 $591,850

Physician Workforce, Georgia Board of: Graduate Medical Education

Continuation Budget

The purpose of this appropriation is to address the physician workforce needs of Georgia communities through the support and

development of medical education programs.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$6,712,223 $6,712,223 $6,712,223

$6,712,223 $6,712,223 $6,712,223

$6,712,223 $6,712,223 $6,712,223

80.1 Increase funds to develop a primary health care residency program in the Athens area partnering with Athens and Gainesville hospitals.

State General Funds

$1,000,000

$0

80.0Physician Workforce, Georgia Board of: Graduate Medical Education

Appropriation (HB 95)

The purpose of this appropriation is to address the physician workforce needs of Georgia communities through the support and development of medical education programs.

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TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$6,712,223 $6,712,223 $6,712,223

$7,712,223 $7,712,223 $7,712,223

$6,712,223 $6,712,223 $6,712,223

Physician Workforce, Georgia Board of: Mercer School of Medicine Grant

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$19,060,862 $19,060,862 $19,060,862

$19,060,862 $19,060,862 $19,060,862

$19,060,862 $19,060,862 $19,060,862

81.1 Increase funds to expand Mercer's existing medical school program in Savannah. State General Funds

$5,500,000

$5,500,000

81.0Physician Workforce, Georgia Board of: Mercer School of Medicine Grant

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$19,060,862 $19,060,862 $19,060,862

$24,560,862 $24,560,862 $24,560,862

$24,560,862 $24,560,862 $24,560,862

Physician Workforce, Georgia Board of: Morehouse School of Medicine Grant

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$10,547,293 $10,547,293 $10,547,293

$10,547,293 $10,547,293 $10,547,293

$10,547,293 $10,547,293 $10,547,293

82.1 Increase funds to the Morehouse School of Medicine Operating Grant.

TUESDAY, APRIL 17, 2007

2915

State General Funds

$600,000

$800,000

82.0Physician Workforce, Georgia Board of: Morehouse School of Medicine Grant

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$10,547,293 $10,547,293 $10,547,293

$11,147,293 $11,147,293 $11,147,293

$11,347,293 $11,347,293 $11,347,293

Physician Workforce, Georgia Board of: Undergraduate Medical Education

Continuation Budget

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.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,538,484 $3,538,484 $3,538,484

$3,538,484 $3,538,484 $3,538,484

$3,538,484 $3,538,484 $3,538,484

83.0Physician Workforce, Georgia Board of: Undergraduate Medical Education

Appropriation (HB 95)

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.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,538,484 $3,538,484 $3,538,484

$3,538,484 $3,538,484 $3,538,484

$3,538,484 $3,538,484 $3,538,484

Medical Education Board, State

Continuation Budget

The purpose of this appropriation is to ensure an adequate supply of physicians 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 State General Funds
TOTAL PUBLIC FUNDS

$1,412,716 $1,412,716 $1,412,716

$1,412,716 $1,412,716 $1,412,716

$1,412,716 $1,412,716 $1,412,716

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84.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$2,086

$2,086

$2,086

84.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$3,534

$3,534

$3,534

84.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$9,073

$9,073

$9,073

84.0Medical Education Board, State

Appropriation (HB 95)

The purpose of this appropriation is to ensure an adequate supply of physicians 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 State General Funds
TOTAL PUBLIC FUNDS

$1,427,409 $1,427,409 $1,427,409

$1,427,409 $1,427,409 $1,427,409

$1,427,409 $1,427,409 $1,427,409

Section 18: Corrections, Department of

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Reserved Fund Balances Royalties and Rents Sales and Services
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS

$997,756,694 $997,756,694
$6,124,479 $6,124,479 $20,965,509
$53,716 $3,406,391 $17,505,402 $1,024,846,682

$997,756,694 $997,756,694
$6,124,479 $6,124,479 $20,965,509
$53,716 $3,406,391 $17,505,402 $1,024,846,682

$997,756,694 $997,756,694
$6,124,479 $6,124,479 $20,965,509
$53,716 $3,406,391 $17,505,402 $1,024,846,682

Section Total - Final

$1,103,018,002 $1,097,968,814 $1,099,101,017

$1,103,018,002 $1,097,968,814 $1,099,101,017

$3,111,139

$3,111,139

$3,111,139

TUESDAY, APRIL 17, 2007

2917

Federal Funds Not Itemized TOTAL AGENCY FUNDS
Reserved Fund Balances Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS

$3,111,139 $20,965,509
$53,716 $3,406,391 $17,505,402 $1,127,094,650

$3,111,139 $20,965,509
$53,716 $3,406,391 $17,505,402 $1,122,045,462

$3,111,139 $20,965,509
$53,716 $3,406,391 $17,505,402 $1,123,177,665

Bainbridge Probation Substance Abuse Treatment Center

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$4,718,684 $4,718,684
$20,743 $20,743 $7,046 $7,046 $7,046 $4,746,473

$4,718,684 $4,718,684
$20,743 $20,743 $7,046 $7,046 $7,046 $4,746,473

$4,718,684 $4,718,684
$20,743 $20,743 $7,046 $7,046 $7,046 $4,746,473

85.1 Annualize the cost of the FY07 salary adjustment ($30,549) and the 3% salary adjustment for law enforcement personnel ($28,339).

State General Funds

$58,888

$58,888

$58,888

85.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (S:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$47,567

$47,567

$47,567

85.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$113,665

$113,665

$113,665

85.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$28,437

$28,437

$28,437

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85.5 Increase funds for utility costs.

State General Funds

$76,329

$76,329

$76,329

85.6 Increase funds for facility operating costs associated with the 192 bed addition at the Bainbridge Probation Substance Abuse Treatment Center (PSATC).

State General Funds

$2,460,033

$2,460,033

$2,460,033

85.7 Reduce funds associated with one-time startup costs at Bainbridge PSATC received in HB1027 (FY07).

State General Funds

($1,244,397) ($1,244,397) ($1,244,397)

85.8 Reduce funds by one-half of one percent to reflect operational efficiencies.

State General Funds

($23,593)

($23,593)

85.0Bainbridge Probation Substance Abuse Treatment Center

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$6,259,206 $6,259,206
$20,743 $20,743 $7,046 $7,046 $7,046 $6,286,995

$6,235,613 $6,235,613
$20,743 $20,743 $7,046 $7,046 $7,046 $6,263,402

$6,235,613 $6,235,613
$20,743 $20,743 $7,046 $7,046 $7,046 $6,263,402

County Jail Subsidy

Continuation Budget

The purpose of this appropriation is to reimburse counties for the costs of incarcerating state prisoners in their local facilities.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$4,798,492 $4,798,492 $4,798,492

$4,798,492 $4,798,492 $4,798,492

$4,798,492 $4,798,492 $4,798,492

86.1 Reduce funds by one-half of one percent to reflect operational efficiencies. State General Funds 86.2 Increase reimbursements to counties from $20 a day to $30 a day.

($23,992)

($23,992)

TUESDAY, APRIL 17, 2007

2919

State General Funds

$2,844,448

86.0County Jail Subsidy

Appropriation (HB 95)

The purpose of this appropriation is to reimburse counties for the costs of incarcerating state prisoners in their local facilities.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$4,798,492 $4,798,492 $4,798,492

$4,774,500 $4,774,500 $4,774,500

$7,618,948 $7,618,948 $7,618,948

Departmental Administration

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$53,742,000 $53,742,000 $1,836,000 $1,836,000 $55,578,000

$53,742,000 $53,742,000 $1,836,000 $1,836,000 $55,578,000

$53,742,000 $53,742,000 $1,836,000 $1,836,000 $55,578,000

87.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$444,366

$444,366

$444,366

87.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$358,937

$358,937

$358,937

87.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$908,612

$908,612

$908,612

87.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$214,584

$214,584

$214,584

87.5 Increase funds for a Georgia Building Authority (GBA) rate change. (S:NO to GBA rate increase for utilities)

State General Funds

$60,405

$0

$26,012

87.6 Increase funds for utility costs.

2920

JOURNAL OF THE HOUSE

State General Funds

$79,832

$0

$0

87.7 Increase funds for administrative overhead costs associated with the 160 bed Pelham Pre-Release Center.

State General Funds

$3,063

$3,063

$3,063

87.8 Increase funds for administrative overhead costs associated with the 192 bed addition at the Bainbridge Probation Substance Abuse Treatment Center (PSATC).

State General Funds

$3,804

$3,804

$3,804

87.9 Increase funds for administrative overhead costs associated with the 192 bed expansion at Calhoun State Prison.

State General Funds

$2,502

$2,502

$2,502

87.10 Increase funds for administrative overhead costs associated with the 525 bed expansion at Johnson State Prison.

State General Funds

$6,036

$6,036

$6,036

87.11 Increase funds for administrative overhead costs associated with the fast track expansions at Wilcox State Prison (192 beds $1,560), Macon State Prison (256 beds - $2,554), Dooly State Prison (256 beds - $2,270), Smith State Prison (256 beds $2,270) and Valdosta State Prison (256 beds - $1,986).

State General Funds

$10,640

$10,640

$10,640

87.12 Utilize existing funds to enhance correctional officer and probation officer training by relocating the Corrections Academy to the Tift College campus. (G:YES)(H:YES)(S:Approval not required by the General Assembly)

State General Funds

$0

$0

$0

87.13 Reduce funds for one-time purchases of a generator at Wilcox State Prison ($48,000) and ballistic vests ($199,000) for probation and surveillance officers.

State General Funds

($247,000)

($247,000)

($247,000)

87.14 Utilize existing funds to fill three vacant information technology positions to insure the integrity of the inmate research file. (G:YES)(H:YES)(S:Approval not required by the General Assembly)

State General Funds

$0

$0

$0

87.15 Reduce funds by one-half of one percent to reflect operational efficiencies.

State General Funds

($268,710)

($268,710)

87.0Departmental Administration

Appropriation (HB 95)

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.

TUESDAY, APRIL 17, 2007

2921

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$55,587,781 $55,587,781 $1,836,000 $1,836,000 $57,423,781

$55,178,834 $55,178,834 $1,836,000 $1,836,000 $57,014,834

$55,204,846 $55,204,846 $1,836,000 $1,836,000 $57,040,846

Detention Centers

Continuation Budget

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 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 PUBLIC FUNDS

$41,990,897 $41,990,897 $1,063,318 $1,063,318 $1,190,115
$53,716 $53,716 $1,136,399 $1,136,399 $44,244,330

$41,990,897 $41,990,897 $1,063,318 $1,063,318 $1,190,115
$53,716 $53,716 $1,136,399 $1,136,399 $44,244,330

$41,990,897 $41,990,897 $1,063,318 $1,063,318 $1,190,115
$53,716 $53,716 $1,136,399 $1,136,399 $44,244,330

88.1 Annualize the cost of the FY07 salary adjustment ($507,875) and the FY07 3% salary adjustment for law enforcement personnel ($367,023).

State General Funds

$874,898

$874,898

$874,898

88.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (S:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$706,700

$706,700

$706,700

88.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$1,688,722

$1,688,722

$1,688,722

88.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

2922

JOURNAL OF THE HOUSE

State General Funds

$422,488

$422,488

88.5 Increase funds for utility costs.

State General Funds

$607,022

$607,022

88.6 Reduce funds associated with startup costs at the Appling Probation Detention Center.

Federal Funds Not Itemized

($936,178)

($936,178)

88.7 Reduce funds by one-half of one percent to reflect operational efficiencies.

State General Funds

($209,955)

$422,488 $607,022 ($936,178) ($209,955)

88.0Detention Centers

Appropriation (HB 95)

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 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 PUBLIC FUNDS

$46,290,727 $46,290,727
$127,140 $127,140 $1,190,115
$53,716 $53,716 $1,136,399 $1,136,399 $47,607,982

$46,080,772 $46,080,772
$127,140 $127,140 $1,190,115
$53,716 $53,716 $1,136,399 $1,136,399 $47,398,027

$46,080,772 $46,080,772
$127,140 $127,140 $1,190,115
$53,716 $53,716 $1,136,399 $1,136,399 $47,398,027

Food and Farm Operations

Continuation Budget

The purpose of this appropriation is to raise crops and livestock, and produce dairy items used in preparing meals for offenders.

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

$12,592,844 $12,592,844
$22,000 $22,000 $45,000 $45,000 $45,000 $12,659,844

$12,592,844 $12,592,844
$22,000 $22,000 $45,000 $45,000 $45,000 $12,659,844

$12,592,844 $12,592,844
$22,000 $22,000 $45,000 $45,000 $45,000 $12,659,844

TUESDAY, APRIL 17, 2007

2923

89.1 Annualize the cost of the FY07 salary adjustment ($65,256) and the 3% salary adjustment for law enforcement personnel ($9,379).

State General Funds

$74,635

$74,635

$74,635

89.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07)

State General Funds

$60,287

$60,287

$60,287

89.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$144,060

$144,060

$144,060

89.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$36,041

$36,041

$36,041

89.5 Increase funds for utility costs.

State General Funds

$15,835

$15,835

$15,835

89.6 Increase funds for food and farm operating costs associated with the 160 bed Pelham Pre-Release Center.

State General Funds

$31,536

$31,536

$31,536

89.7 Increase funds for food and farm operating costs associated with the 192 bed addition at the Bainbridge Probation Substance Abuse Treatment Center (PSATC).

State General Funds

$37,843

$37,843

$37,843

89.8 Increase funds for food and farm operating costs associated with the 192 bed expansion at Calhoun State Prison.

State General Funds

$41,405

$41,405

$41,405

89.9 Increase funds for food and farm operating costs associated with the 525 bed expansion at Johnson State Prison.

State General Funds

$99,916

$99,916

$99,916

89.10 Increase funds for food and farm operating costs associated with the fast track bed expansions at Wilcox State Prison (192 beds - $28,253), Macon State Prison (256 beds - $50,285), Dooly State Prison (256 beds - $46,080), Smith State Prison (256 beds - $46,080) and Valdosta State Prison (256 beds - $41,876).

State General Funds

$212,574

$212,574

$212,574

89.11 Increase funds for food and farm startup costs associated with the opening of the 100 bed Valdosta Transitional Center and utilize funds from the closure of the Savannah Transitional Center to fund food and farm operating costs. [One-Time Change]

2924

JOURNAL OF THE HOUSE

State General Funds

$4,680

89.12 Reduce funds by one-half of one percent to reflect operational efficiencies.

State General Funds

$4,680 ($62,964)

$4,680 ($62,964)

89.0Food and Farm Operations

Appropriation (HB 95)

The purpose of this appropriation is to raise crops and livestock, and produce dairy items used in preparing meals for offenders.

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

$13,351,656 $13,351,656
$22,000 $22,000 $45,000 $45,000 $45,000 $13,418,656

$13,288,692 $13,288,692
$22,000 $22,000 $45,000 $45,000 $45,000 $13,355,692

$13,288,692 $13,288,692
$22,000 $22,000 $45,000 $45,000 $45,000 $13,355,692

Health

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$176,024,038 $176,024,038
$8,464,209 $8,464,209 $8,464,209 $184,488,247

$176,024,038 $176,024,038
$8,464,209 $8,464,209 $8,464,209 $184,488,247

$176,024,038 $176,024,038
$8,464,209 $8,464,209 $8,464,209 $184,488,247

90.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$183,267

$183,267

$183,267

90.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$148,034

$148,034

$148,034

TUESDAY, APRIL 17, 2007

2925

90.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$353,741

$353,741

$353,741

90.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$88,500

$88,500

$88,500

90.5 Increase funds for inmate healthcare costs associated with the 160 bed Pelham Pre-Release Center.

State General Funds

$759,984

$759,984

$759,984

90.6 Increase funds for inmate healthcare costs associated with the 192 bed addition at the Bainbridge Probation Substance Abuse Treatment Center (PSATC).

State General Funds

$1,061,341

$1,061,341

$1,061,341

90.7 Increase funds for inmate healthcare costs associated with the 192 bed expansion at Calhoun State Prison.

State General Funds

$997,810

$997,810

$997,810

90.8 Increase funds for inmate healthcare costs associated with the 525 bed expansion at Johnson State Prison.

State General Funds

$2,407,847

$2,407,847

$2,407,847

90.9 Reduce funds associated with one-time costs for startup projects at Bainbridge PSATC, Calhoun State Prison and Johnson State Prison received in HB1027 (FY07).

State General Funds

($1,440,160) ($1,440,160) ($1,440,160)

90.10 Increase funds for inmate healthcare costs associated with the fast track expansions at Wilcox State Prison (192 beds $468,535), Macon State Prison (256 beds - $924,506), Dooly State Prison (256 beds - $823,176), Smith State Prison (256 beds - $823,176) and Valdosta State Prison (256 beds - $721,847).

State General Funds

$3,761,240

$3,761,240

$3,761,240

90.11 Increase funds for inmate healthcare startup costs for the opening of the 100 bed Valdosta Transition Center (TC) and utilize existing funds received from the closing of Savannah TC to fund healthcare operating costs. [One-Time Change]

State General Funds

$5,500

$5,500

$5,500

90.12 Increase funds for a 4% Consumer Price Index (CPI) adjustment in the health services purchases for inmate physical healthcare. (S:3% CPI)

State General Funds

$5,920,000

$5,920,000

$4,400,000

90.13 Increase funds for the health services purchases contract for physical healthcare due to increased catastrophic healthcare claims.

2926

JOURNAL OF THE HOUSE

State General Funds

$5,200,000

$5,200,000

$5,200,000

90.14 Increase funds for the health services purchases contract for dental care to move towards industry recognized ratios of one dentist for every 1,200 inmates.

State General Funds

$597,418

$597,418

$597,418

90.15 Increase funds for the health services purchases contract for inmate mental healthcare for supervision and a licensure plan for unlicensed counselors to bring the Department into legal compliance within three years.

State General Funds

$469,185

$469,185

$469,185

90.16 Reduce funds by one-half of one percent to reflect operational efficiencies.

State General Funds

($880,120)

($880,120)

90.0 Health

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$196,537,745 $196,537,745
$8,464,209 $8,464,209 $8,464,209 $205,001,954

$195,657,625 $195,657,625
$8,464,209 $8,464,209 $8,464,209 $204,121,834

$194,137,625 $194,137,625
$8,464,209 $8,464,209 $8,464,209 $202,601,834

Offender Management

Continuation Budget

The purpose of this appropriation is to provide cost effective correctional services that ensures public safety.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$44,243,248 $44,243,248 $44,243,248

$44,243,248 $44,243,248 $44,243,248

$44,243,248 $44,243,248 $44,243,248

91.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$47,709

$47,709

$47,709

91.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

TUESDAY, APRIL 17, 2007

2927

State General Funds

$38,537

$38,537

$38,537

91.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$92,088

$92,088

$92,088

91.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$23,039

$23,039

$23,039

91.5 Increase funds for utility costs.

State General Funds

$1,584

$1,584

$1,584

91.6 Reduce funds by one-half of one percent to reflect operational efficiencies.

State General Funds

($221,216)

($221,216)

91.7 Increase funds to expand County Correctional Institutions (CCI) to house state inmates in rural Georgia. [One-Time Change]

State General Funds

$500,000

91.0Offender Management

Appropriation (HB 95)

The purpose of this appropriation is to provide cost effective correctional services that ensures public safety.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$44,446,205 $44,446,205 $44,446,205

$44,224,989 $44,224,989 $44,224,989

$44,724,989 $44,724,989 $44,724,989

Parole Revocation Centers The purpose of this appropriation is to provide a sanction for parole violations.

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

$4,016,133 $4,016,133
$10,510 $10,510 $49,138 $49,138 $49,138 $4,075,781

Continuation Budget

$4,016,133 $4,016,133
$10,510 $10,510 $49,138 $49,138 $49,138 $4,075,781

$4,016,133 $4,016,133
$10,510 $10,510 $49,138 $49,138 $49,138 $4,075,781

2928

JOURNAL OF THE HOUSE

92.1 Annualize the cost of the FY07 salary adjustment ($44,704) and the 3% salary adjustment for law enforcement personnel ($39,875).

State General Funds

$84,579

$84,579

$84,579

92.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (S:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$68,319

$68,319

$68,319

92.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$163,254

$163,254

$163,254

92.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$40,843

$40,843

$40,843

92.5 Increase funds for utility costs.

State General Funds

$52,890

$52,890

$52,890

92.6 Reduce funds by one-half of one percent to reflect operational efficiencies.

State General Funds

($20,081)

($20,081)

92.0Parole Revocation Centers

The purpose of this appropriation is to provide a sanction for parole violations.

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

$4,426,018 $4,426,018
$10,510 $10,510 $49,138 $49,138 $49,138 $4,485,666

Appropriation (HB 95)

$4,405,937 $4,405,937
$10,510 $10,510 $49,138 $49,138 $49,138 $4,465,585

$4,405,937 $4,405,937
$10,510 $10,510 $49,138 $49,138 $49,138 $4,465,585

Private Prisons

Continuation Budget

The purpose of this appropriation is to provide cost effective correctional services that ensure public safety.

TUESDAY, APRIL 17, 2007

2929

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$76,785,722 $76,785,722 $76,785,722

$76,785,722 $76,785,722 $76,785,722

$76,785,722 $76,785,722 $76,785,722

93.1 Increase funds for a 4% Consumer Price Index (CPI) adjustment for the state's three private prison contracts. (S:Annualize the FY07 increase with no additional FY08 increase) Sites: Coffee Correctional Facility Private Prison, D. Ray James Correctional Facility
Private Prison, Wheeler Correctional Facility Private Prison

State General Funds

$3,138,310

$3,138,310

$3,138,310

93.2 Increase funds to expand bed space at D. Ray James Private Prison by fifty contract beds.

State General Funds

$785,845

$785,845

$785,845

93.3 Reduce funds by one-half of one percent to reflect operational efficiencies.

State General Funds

($383,929)

$0

93.0Private Prisons

Appropriation (HB 95)

The purpose of this appropriation is to provide cost effective correctional services that ensure public safety.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$80,709,877 $80,709,877 $80,709,877

$80,325,948 $80,325,948 $80,325,948

$80,709,877 $80,709,877 $80,709,877

Probation Diversion Centers

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$12,044,993 $12,044,993 $2,812,861 $2,751,287 $2,751,287
$61,574 $61,574 $14,857,854

$12,044,993 $12,044,993 $2,812,861 $2,751,287 $2,751,287
$61,574 $61,574 $14,857,854

$12,044,993 $12,044,993 $2,812,861 $2,751,287 $2,751,287
$61,574 $61,574 $14,857,854

2930

JOURNAL OF THE HOUSE

94.1 Annualize the cost of the FY07 salary adjustment ($154,989) and the 3% salary adjustment for law enforcement personnel ($102,011).

State General Funds

$257,000

$257,000

$257,000

94.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (S:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$207,592

$207,592

$207,592

94.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$496,059

$496,059

$496,059

94.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$124,105

$124,105

$124,105

94.5 Increase funds for utility costs.

State General Funds

$140,489

$220,321

$140,489

94.6 Reduce funds by one-half of one percent to reflect operational efficiencies.

State General Funds

($60,225)

($60,225)

94.0Probation Diversion Centers

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$13,270,238 $13,270,238 $2,812,861 $2,751,287 $2,751,287
$61,574 $61,574 $16,083,099

$13,289,845 $13,289,845 $2,812,861 $2,751,287 $2,751,287
$61,574 $61,574 $16,102,706

$13,210,013 $13,210,013 $2,812,861 $2,751,287 $2,751,287
$61,574 $61,574 $16,022,874

Probation Supervision

Continuation Budget

TUESDAY, APRIL 17, 2007

2931

The purpose of this appropriation is to supervise probationers.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$73,542,460 $73,542,460 $73,542,460

$73,542,460 $73,542,460 $73,542,460

$73,542,460 $73,542,460 $73,542,460

95.1 Annualize the cost of the FY07 salary adjustment ($871,984) and the 3% salary adjustment for law enforcement personnel ($896,923).

State General Funds

$1,768,907

$1,768,907

$1,768,907

95.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$1,428,838

$1,428,838

$1,428,838

95.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$3,414,334

$3,414,334

$3,414,334

95.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$854,205

$854,205

$854,205

95.5 Increase funds for utility costs.

State General Funds

$93,164

$93,164

$93,164

95.6 Transfer funds and thirty-one correctional officer positions to be converted to probation surveillance officers from the State Prisons program to comply with the requirements of HB1059 (2006 Session) "Sexual Predators Act".

State General Funds

$1,433,549

$1,433,549

$1,433,549

95.7 Reduce funds by one-half of one percent to reflect operational efficiencies.

State General Funds

($367,712)

($367,712)

95.0Probation Supervision
The purpose of this appropriation is to supervise probationers. TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

Appropriation (HB 95)

$82,535,457 $82,535,457 $82,535,457

$82,167,745 $82,167,745 $82,167,745

$82,167,745 $82,167,745 $82,167,745

2932

JOURNAL OF THE HOUSE

State Prisons

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS 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

$469,322,035 $469,322,035
$3,171,908 $3,171,908 $8,397,140
$655,104 $655,104 $7,742,036 $7,742,036 $480,891,083

$469,322,035 $469,322,035
$3,171,908 $3,171,908 $8,397,140
$655,104 $655,104 $7,742,036 $7,742,036 $480,891,083

$469,322,035 $469,322,035
$3,171,908 $3,171,908 $8,397,140
$655,104 $655,104 $7,742,036 $7,742,036 $480,891,083

96.1 Annualize the cost of the FY07 salary adjustment ($5,116,336) and the 3% salary adjustment for law enforcement personnel ($3,625,121).

State General Funds

$8,741,457

$8,741,457

$8,741,457

96.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (S:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$8,287,038

$8,287,038

$8,287,038

96.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$17,905,877 $17,905,877 $17,905,877

96.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$4,221,249

$4,221,249

$4,221,249

96.5 Increase funds for utility costs.

State General Funds

$5,820,849

$5,820,849

$5,820,849

96.6 Transfer funds and thirty-one correctional officer positions to be converted to probation surveillance officers to the Probation Supervision program to comply with the requirements of HB1059 (2006 Session) "Sexual Predators Act".

TUESDAY, APRIL 17, 2007

2933

State General Funds

($1,433,549) ($1,433,549) ($1,433,549)

96.7 Increase funds for facility operating costs associated with the 160 bed Pelham Pre-Release Center.

State General Funds

$1,570,171

$1,570,171

$1,570,171

96.8 Increase funds for facility operating costs associated with the 192 bed expansion at Calhoun State Prison.

State General Funds

$1,809,582

$1,809,582

$1,809,582

96.9 Increase funds for facility operating costs associated with the 525 bed expansion at Johnson State Prison.

State General Funds

$4,366,758

$4,366,758

$4,366,758

96.10 Reduce funds associated with one-time costs for startup projects at Calhoun State Prison and Johnson State Prison received in HB1027 (FY07).

State General Funds

($4,303,162) ($4,303,162) ($4,303,162)

96.11 Increase funds for facility startup and operating costs associated with the fast track expansions at Wilcox State Prison (192 beds - $1,614,432), Macon State Prison (256 beds - $2,610,245), Dooly State Prison (256 beds - $2,416,447), Smith State Prison (256 beds - $2,416,447) and Valdosta State Prison (256 beds - $2,222,648).

State General Funds

$11,280,219 $11,280,219 $11,280,219

96.12 Increase funds for substance abuse treatment at Inmate Boot Camps. Sites: Hays State Prison

State General Funds

$720,000

$720,000

$720,000

96.13 Reduce funds from the Residential Substance Abuse Treatment (RSAT) program at Scott, Johnson and Pulaski State Prisons due to a reduction in available funds.

Federal Funds Not Itemized

($700,000)

($700,000)

($700,000)

96.14 Reduce funds designated for startup costs at the Georgia Diagnostic and Classification Hi-Max State Prison (GDCP).

Federal Funds Not Itemized

($1,377,162) ($1,377,162) ($1,377,162)

96.15 Reduce funds by one-half of one percent to reflect operational efficiencies.

State General Funds

($2,346,610) ($2,346,610)

96.16 Increase funds to purchase equipment for the inmate construction program. [One-Time Change]

State General Funds

$100,000

96.95 Realize non-Georgia Building Authority lease savings through the renegotiation of rates to utilize funds ($108,515) for utility costs. (G:YES)(H:YES)

State General Funds

$0

$0

($108,515)

2934

JOURNAL OF THE HOUSE

96.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($552,290) for utility costs. (G:YES)(H:YES)

State General Funds

$0

$0

($552,290)

96.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($461,549) for utility costs. (G:YES)(H:YES)

State General Funds

$0

$0

($461,549)

96.0State Prisons

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS 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

$528,308,524 $528,308,524
$1,094,746 $1,094,746 $8,397,140
$655,104 $655,104 $7,742,036 $7,742,036 $537,800,410

$525,961,914 $525,961,914
$1,094,746 $1,094,746 $8,397,140
$655,104 $655,104 $7,742,036 $7,742,036 $535,453,800

$524,939,560 $524,939,560
$1,094,746 $1,094,746 $8,397,140
$655,104 $655,104 $7,742,036 $7,742,036 $534,431,446

Transitional Centers

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$23,935,148 $23,935,148 $23,935,148

$23,935,148 $23,935,148 $23,935,148

$23,935,148 $23,935,148 $23,935,148

97.1 Annualize the cost of the FY07 salary adjustment ($223,931) and the 3% salary adjustment for law enforcement personnel

($212,721).

State General Funds

$436,652

$436,652

$436,652

TUESDAY, APRIL 17, 2007

2935

97.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (S:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$352,706

$352,706

$352,706

97.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$842,823

$842,823

$842,823

97.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$210,859

$210,859

$210,859

97.5 Increase funds for utility costs.

State General Funds

$256,428

$256,428

$256,428

97.6 Increase funds for facility startup costs associated with the opening of the 100 bed Valdosta Transition Center (TC) and utilize existing funds received from the closure of the Savannah TC for operating costs. [One-Time Change]

State General Funds

$461,460

$461,460

$461,460

97.7 Reduce funds by one-half of one percent to reflect operational efficiencies.

State General Funds

($119,676)

($119,676)

97.0Transitional Centers

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$26,496,076 $26,496,076 $26,496,076

$26,376,400 $26,376,400 $26,376,400

$26,376,400 $26,376,400 $26,376,400

Section 19: Defense, Department of

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS

$8,815,464 $8,815,464 $36,692,112

$8,815,464 $8,815,464 $36,692,112

$8,815,464 $8,815,464 $36,692,112

2936

JOURNAL OF THE HOUSE

Federal Funds Not Itemized TOTAL AGENCY FUNDS
Interest and Investment Income Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS

$36,692,112 $844,374 $138,791 $59,889 $645,694
$46,351,950

$36,692,112 $844,374 $138,791 $59,889 $645,694
$46,351,950

$36,692,112 $844,374 $138,791 $59,889 $645,694
$46,351,950

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

$11,344,298 $11,344,298 $40,502,718 $40,502,718
$849,709 $138,791
$59,889 $651,029 $52,696,725

Section Total - Final

$11,344,298 $11,344,298 $40,502,718 $40,502,718
$849,709 $138,791
$59,889 $651,029 $52,696,725

$11,338,667 $11,338,667 $40,502,718 $40,502,718
$849,709 $138,791
$59,889 $651,029 $52,691,094

Departmental Administration

Continuation Budget

The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$1,225,733 $1,225,733
$140,489 $140,489 $1,366,222

$1,225,733 $1,225,733
$140,489 $140,489 $1,366,222

$1,225,733 $1,225,733
$140,489 $140,489 $1,366,222

98.1 Annualize the cost of the FY07 salary adjustment.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$7,901 $16,612 $24,513

$7,901 $16,612 $24,513

$7,901 $16,612 $24,513

98.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$12,900

$12,900

$12,900

TUESDAY, APRIL 17, 2007

2937

98.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$32,232

$32,232

$32,232

98.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$25,282

$25,282

$25,282

98.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($5,631) for the replacement of outdated computers. (G:YES)(H:YES)

State General Funds

$0

$0

($5,631)

98.0Departmental Administration

Appropriation (HB 95)

The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$1,304,048 $1,304,048
$157,101 $157,101 $1,461,149

$1,304,048 $1,304,048
$157,101 $157,101 $1,461,149

$1,298,417 $1,298,417
$157,101 $157,101 $1,455,518

Military Readiness

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$4,111,643 $4,111,643 $31,046,384 $31,046,384
$844,374 $138,791 $138,791
$59,889 $59,889 $645,694 $645,694 $36,002,401

$4,111,643 $4,111,643 $31,046,384 $31,046,384
$844,374 $138,791 $138,791
$59,889 $59,889 $645,694 $645,694 $36,002,401

$4,111,643 $4,111,643 $31,046,384 $31,046,384
$844,374 $138,791 $138,791
$59,889 $59,889 $645,694 $645,694 $36,002,401

2938

JOURNAL OF THE HOUSE

99.1 Annualize the cost of the FY07 salary adjustment.

State General Funds Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$31,770 $266,620
$5,335 $303,725

$31,770 $266,620
$5,335 $303,725

$31,770 $266,620
$5,335 $303,725

99.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$51,871

$51,871

$51,871

99.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$129,601

$129,601

$129,601

99.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$101,660

$101,660

$101,660

99.5 Increase funds and establish an adequate preventative maintenance program for Army National Guard Armories.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$250,000 $250,000 $500,000

$250,000 $250,000 $500,000

$250,000 $250,000 $500,000

99.6 Increase funds for statewide facility renovations and improvements. Sites: City of Albany, City of Americus, City of Atlanta, City of
Augusta, City of Bainbridge, City of Calhoun, City of Canton, City of Cedartown, City of Cordele, City of Covington, National Guard Armories

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$500,000 $1,500,000 $2,000,000

$500,000 $1,500,000 $2,000,000

$500,000 $1,500,000 $2,000,000

99.0Military Readiness

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Interest and Investment Income

$5,176,545 $5,176,545 $33,063,004 $33,063,004
$849,709 $138,791

$5,176,545 $5,176,545 $33,063,004 $33,063,004
$849,709 $138,791

$5,176,545 $5,176,545 $33,063,004 $33,063,004
$849,709 $138,791

TUESDAY, APRIL 17, 2007

2939

Interest and Investment Income Not Itemized Royalties and Rents
Royalties and Rents Not Itemized Sales and Services
Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$138,791 $59,889 $59,889
$651,029 $651,029 $39,089,258

$138,791 $59,889 $59,889
$651,029 $651,029 $39,089,258

$138,791 $59,889 $59,889
$651,029 $651,029 $39,089,258

Youth Educational Services

Continuation Budget

The purpose of this appropriation is to provide educational and vocational opportunities to at-risk youth in Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$3,478,088 $3,478,088 $5,505,239 $5,505,239 $8,983,327

$3,478,088 $3,478,088 $5,505,239 $5,505,239 $8,983,327

$3,478,088 $3,478,088 $5,505,239 $5,505,239 $8,983,327

100.1 Annualize the cost of the FY07 salary adjustment.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$26,600 $97,374 $123,974

$26,600 $97,374 $123,974

$26,600 $97,374 $123,974

100.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$43,990

$43,990

$43,990

100.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$109,910

$109,910

$109,910

100.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$85,117

$85,117

$85,117

100.5 Increase funds to serve an additional 100 students at the Fort Gordon Youth Challenge Academy (YCA).

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$1,120,000 $1,680,000 $2,800,000

$1,120,000 $1,680,000 $2,800,000

$1,120,000 $1,680,000 $2,800,000

2940

JOURNAL OF THE HOUSE

100.0Youth Educational Services

Appropriation (HB 95)

The purpose of this appropriation is to provide educational and vocational opportunities to at-risk youth in Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$4,863,705 $4,863,705 $7,282,613 $7,282,613 $12,146,318

$4,863,705 $4,863,705 $7,282,613 $7,282,613 $12,146,318

$4,863,705 $4,863,705 $7,282,613 $7,282,613 $12,146,318

Section 20: Driver Services, Department of

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services
TOTAL PUBLIC FUNDS

$53,431,393 $53,431,393
$721,456 $721,456 $54,152,849

$53,431,393 $53,431,393
$721,456 $721,456 $54,152,849

$53,431,393 $53,431,393
$721,456 $721,456 $54,152,849

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services
TOTAL PUBLIC FUNDS

$60,697,983 $60,697,983
$721,456 $721,456 $61,419,439

Section Total - Final

$60,697,983 $60,697,983
$721,456 $721,456 $61,419,439

$61,170,009 $61,170,009
$721,456 $721,456 $61,891,465

Customer Service Support

Continuation Budget

The purpose is for administration of license issuance, motor vehicle registration, and commercial truck compliance.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$8,777,059 $8,777,059
$857 $857 $857 $8,777,916

$8,777,059 $8,777,059
$857 $857 $857 $8,777,916

$8,777,059 $8,777,059
$857 $857 $857 $8,777,916

TUESDAY, APRIL 17, 2007

2941

101.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$49,148

$49,148

$49,148

101.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$79,228

$79,228

$79,228

101.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$205,060

$205,060

$205,060

101.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$46,353

$46,353

$46,353

101.0Customer Service Support

Appropriation (HB 95)

The purpose is for administration of license issuance, motor vehicle registration, and commercial truck compliance.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$9,156,848 $9,156,848
$857 $857 $857 $9,157,705

$9,156,848 $9,156,848
$857 $857 $857 $9,157,705

$9,156,848 $9,156,848
$857 $857 $857 $9,157,705

License Issuance

Continuation Budget

The purpose is for the issuance of Georgia drivers license renewals through alternative methods.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$40,390,280 $40,390,280
$205,251 $205,251 $205,251 $40,595,531

$40,390,280 $40,390,280
$205,251 $205,251 $205,251 $40,595,531

$40,390,280 $40,390,280
$205,251 $205,251 $205,251 $40,595,531

102.1 Annualize the cost of the FY07 salary adjustment. State General Funds

$301,129

$301,129

$301,129

2942

JOURNAL OF THE HOUSE

102.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$484,684

$484,684

$484,684

102.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$1,254,473

$1,254,473

$1,254,473

102.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$283,571

$283,571

$283,571

102.5 Reduce funds associated with one-time costs appropriated in HB1027 (FY07) for a new Customer Service Center (CSC) in Blue Ridge and for expansions at the Athens and Newnan CSCs.

State General Funds

($800,000)

($800,000)

($800,000)

102.6 Increase funds for twenty-six positions and operating costs for two new CSCs in Loganville and the city of Clayton.

State General Funds

$1,352,437

$1,352,437

$1,352,437

102.7 Increase funds for ten additional investigator positions for the Georgia SecureID initiative to protect the integrity of Georgia drivers' licenses.

State General Funds

$537,860

$537,860

$537,860

102.8 Increase funds for fourteen additional positions for the Customer Contact Center in order to expand the operating hours and increase the percent of calls being answered by thirteen minutes or less to 85%.

State General Funds

$487,961

$487,961

$487,961

102.9 Increase funds for the implementation of an Electronic Document Imaging System (EDIS).

State General Funds

$2,867,500

$2,867,500

$2,867,500

102.10 Increase funds to conduct a feasibility study for a new license issuance system. [One-Time Change]

State General Funds

$300,000

102.11 Increase funds to construct, on land provided by Glynn County, a new Brunswick Customer Service Center. [One-Time Change]

State General Funds

$500,000

102.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($271,710) for the acceleration of the refresh rate for computers. (G:YES)(H:YES)

State General Funds

$0

$0

($271,710)

TUESDAY, APRIL 17, 2007

2943

102.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($56,264) for enhanced connectivity to all CSC locations. (G:YES)(H:YES)

State General Funds

$0

$0

($56,264)

102.0License Issuance

Appropriation (HB 95)

The purpose is for the issuance of Georgia drivers license renewals through alternative methods.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$47,159,895 $47,159,895
$205,251 $205,251 $205,251 $47,365,146

$47,159,895 $47,159,895
$205,251 $205,251 $205,251 $47,365,146

$47,631,921 $47,631,921
$205,251 $205,251 $205,251 $47,837,172

Regulatory Compliance

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$4,264,054 $4,264,054
$515,348 $515,348 $515,348 $4,779,402

$4,264,054 $4,264,054
$515,348 $515,348 $515,348 $4,779,402

$4,264,054 $4,264,054
$515,348 $515,348 $515,348 $4,779,402

103.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$15,684

$15,684

$15,684

103.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$24,322

$24,322

$24,322

103.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$62,950

$62,950

$62,950

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103.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$14,230

$14,230

$14,230

103.0Regulatory Compliance

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$4,381,240 $4,381,240
$515,348 $515,348 $515,348 $4,896,588

$4,381,240 $4,381,240
$515,348 $515,348 $515,348 $4,896,588

$4,381,240 $4,381,240
$515,348 $515,348 $515,348 $4,896,588

Section 21: Early Care and Learning, Department of

Section Total - Continuation

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

$306,009,646 $301,953,447
$4,056,199 $119,641,989 $26,088,119 $93,553,870
$155,000 $155,000 $425,806,635

$306,009,646 $301,953,447
$4,056,199 $119,641,989 $26,088,119 $93,553,870
$155,000 $155,000 $425,806,635

$306,009,646 $301,953,447
$4,056,199 $119,641,989 $26,088,119 $93,553,870
$155,000 $155,000 $425,806,635

$329,370,960 $324,857,346
$4,513,614 $119,706,679 $26,152,809 $93,553,870

Section Total - Final

$330,443,829 $324,857,346
$5,586,483 $119,706,679 $26,152,809 $93,553,870

$329,443,829 $324,857,346
$4,586,483 $119,706,679 $26,152,809 $93,553,870

TUESDAY, APRIL 17, 2007

2945

TOTAL AGENCY FUNDS Sales and Services
TOTAL PUBLIC FUNDS

$155,000 $155,000 $449,232,639

$155,000 $155,000 $450,305,508

$155,000 $155,000 $449,305,508

Child Care Services

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$4,056,199 $4,056,199 $3,604,020 $3,604,020
$155,000 $155,000 $155,000 $7,815,219

$4,056,199 $4,056,199 $3,604,020 $3,604,020
$155,000 $155,000 $155,000 $7,815,219

$4,056,199 $4,056,199 $3,604,020 $3,604,020
$155,000 $155,000 $155,000 $7,815,219

104.1 Annualize the cost of the FY07 salary adjustment.

State General Funds Child Care & Development Block Grant CFDA93.575 TOTAL PUBLIC FUNDS

$55,474 $64,690 $120,164

$55,474 $64,690 $120,164

$55,474 $64,690 $120,164

104.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$62,665

$62,665

$62,665

104.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$259,669

$259,669

$259,669

104.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$79,607

$79,607

$79,607

104.5 Transfer the BEGIN program from the Department of Labor Vocational Rehabilitation program.

State General Funds

$72,869

$72,869

104.0Child Care Services

Appropriation (HB 95)

2946

JOURNAL OF THE HOUSE

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 State General Funds
TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$4,513,614 $4,513,614 $3,668,710 $3,668,710
$155,000 $155,000 $155,000 $8,337,324

$4,586,483 $4,586,483 $3,668,710 $3,668,710
$155,000 $155,000 $155,000 $8,410,193

$4,586,483 $4,586,483 $3,668,710 $3,668,710
$155,000 $155,000 $155,000 $8,410,193

Nutrition

Continuation Budget

The purpose of this appropriation is to ensure that eligible children and adults receive USDA compliant meals.

TOTAL STATE FUNDS TOTAL FEDERAL FUNDS
Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$0 $93,000,000 $93,000,000 $93,000,000

$0 $93,000,000 $93,000,000 $93,000,000

$0 $93,000,000 $93,000,000 $93,000,000

105.0 Nutrition

Appropriation (HB 95)

The purpose of this appropriation is to ensure that eligible children and adults receive USDA compliant meals.

TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$93,000,000 $93,000,000 $93,000,000

$93,000,000 $93,000,000 $93,000,000

$93,000,000 $93,000,000 $93,000,000

Pre-Kindergarten Program

Continuation Budget

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 Lottery Proceeds State General Funds
TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575

$301,953,447 $301,953,447
$0 $667,823 $113,953

$301,953,447 $301,953,447
$0 $667,823 $113,953

$301,953,447 $301,953,447
$0 $667,823 $113,953

TUESDAY, APRIL 17, 2007

2947

Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$553,870

$553,870

$553,870

$302,621,270 $302,621,270 $302,621,270

106.1 Annualize the cost of the FY07 salary adjustment.

Lottery Proceeds

$1,246,354

$1,246,354

$1,246,354

106.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

Lottery Proceeds

$44,976

$44,976

$44,976

106.3 Increase funds for a salary adjustment of 3% effective September 1, 2007 for Pre-K Teachers.

Lottery Proceeds

$5,791,293

$5,791,293

$5,791,293

106.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 16.713% to 18.534% for Pre-K Teachers and from 16.713% to 22.843% for Lottery-Funded Staff. (H and S:Utilize overage in health insurance to provide an increase in operating expenses)

Lottery Proceeds

$3,192,678

$1,844,741

$1,844,741

106.5 Transfer funds from the Georgia Student Finance Commission HOPE Grant and HOPE Scholarships - Public Schools programs to fund an additional 3,000 slots, bringing the total Pre-K enrollment to 78,000. (H and S:Reduce funds for 225 slots to provide for an increase in operating expenses)

Lottery Proceeds

$12,628,598 $11,872,902 $11,872,902

106.6 Increase funds for a 3% operating expense increase for all public and private Pre-K providers.

Lottery Proceeds

$2,103,633

$2,103,633

106.7 Increase funds for the Ferst Foundation for the distribution of one book per month to children ages zero to five years in participating counties.

State General Funds

$1,000,000

$0

106.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize lottery funds ($26,716) and federal funds ($58,303) for ongoing technology needs. (G:YES)(H:YES)(S:YES)

Lottery Proceeds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$0

$0

$0

$0

$0

$0

$0

$0

$0

106.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize lottery funds ($3,957) and federal funds ($8,635) for ongoing technology needs. (G:YES)(H:YES)(S:YES)

2948

JOURNAL OF THE HOUSE

Lottery Proceeds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$0

$0

$0

$0

$0

$0

$0

$0

$0

106.99 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. This appropriation shall provide funds for no more than 77,775 Pre-K slots.

Lottery Proceeds

$0

106.0Pre-Kindergarten Program

Appropriation (HB 95)

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. This appropriation shall provide funds for no more than 77,775 Pre-K slots.

TOTAL STATE FUNDS Lottery Proceeds State General Funds
TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$324,857,346 $324,857,346
$667,823 $113,953 $553,870 $325,525,169

$325,857,346 $324,857,346
$1,000,000 $667,823 $113,953 $553,870
$326,525,169

$324,857,346 $324,857,346
$667,823 $113,953 $553,870 $325,525,169

Quality Initiatives

Continuation Budget

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 STATE FUNDS TOTAL FEDERAL FUNDS
Child Care & Development Block Grant CFDA93.575 TOTAL PUBLIC FUNDS

$0 $22,370,146 $22,370,146 $22,370,146

$0 $22,370,146 $22,370,146 $22,370,146

$0 $22,370,146 $22,370,146 $22,370,146

107.0Quality Initiatives

Appropriation (HB 95)

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.

TUESDAY, APRIL 17, 2007

2949

TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575
TOTAL PUBLIC FUNDS
Section 22: Economic Development, Department of

$22,370,146 $22,370,146 $22,370,146

$22,370,146 $22,370,146 $22,370,146

$22,370,146 $22,370,146 $22,370,146

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures
TOTAL PUBLIC FUNDS

$34,677,302 $34,677,302
$20,244 $20,244 $34,697,546

$34,677,302 $34,677,302
$20,244 $20,244 $34,697,546

$34,677,302 $34,677,302
$20,244 $20,244 $34,697,546

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures
TOTAL PUBLIC FUNDS

$40,360,119 $40,360,119
$20,244 $20,244 $40,380,363

Section Total - Final

$40,330,942 $40,330,942
$20,244 $20,244 $40,351,186

$47,879,506 $47,879,506
$20,244 $20,244 $47,899,750

Business Recruitment and Expansion

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$7,011,795 $7,011,795 $7,011,795

$7,011,795 $7,011,795 $7,011,795

$7,011,795 $7,011,795 $7,011,795

108.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$37,268

$37,268

$37,268

108.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$72,692

$72,692

$72,692

108.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

2950

JOURNAL OF THE HOUSE

State General Funds

$181,889

$181,889

$181,889

108.4 Increase funds for international marketing efforts, expand Asia and Canada global commerce initiatives and add five positions to develop international trade and investment business opportunities for the state. [One-Time Change]

State General Funds

$5,103,354

$2,551,677

$5,103,354

108.5 Increase funds to the city of Gainesville for the Georgia Mountain Center parking deck for demolition and renovation. [One-
Time Change]

State General Funds

$2,000,000

$2,000,000

108.0Business Recruitment and Expansion

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$12,406,998 $12,406,998 $12,406,998

$11,855,321 $11,855,321 $11,855,321

$14,406,998 $14,406,998 $14,406,998

Departmental Administration

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$6,423,946 $6,423,946 $6,423,946

$6,423,946 $6,423,946 $6,423,946

$6,423,946 $6,423,946 $6,423,946

109.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$38,429

$38,429

$38,429

109.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$62,886

$62,886

$62,886

109.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$157,353

$157,353

$157,353

109.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$66,788

$66,788

$66,788

TUESDAY, APRIL 17, 2007

2951

109.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($118,642) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($118,642)

109.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($4,126) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($4,126)

109.0Departmental Administration

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$6,749,402 $6,749,402 $6,749,402

$6,749,402 $6,749,402 $6,749,402

$6,626,634 $6,626,634 $6,626,634

Film, Video, and Music

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$1,196,678 $1,196,678 $1,196,678

$1,196,678 $1,196,678 $1,196,678

$1,196,678 $1,196,678 $1,196,678

110.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$4,168

$4,168

$4,168

110.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$9,506

$9,506

$9,506

110.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$23,785

$23,785

$23,785

110.4 Eliminate one-time funds received in HB1027 (FY07) that were designated for the Georgia Music Hall of Fame Authority's 10th anniversary inductee ceremony. (S:Fund annual upcoming music events)

State General Funds

($100,000)

($100,000)

$0

2952

JOURNAL OF THE HOUSE

110.0Film, Video, and Music

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$1,134,137 $1,134,137 $1,134,137

$1,134,137 $1,134,137 $1,134,137

$1,234,137 $1,234,137 $1,234,137

International Relations and Trade

Continuation Budget

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.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,296,170 $2,296,170 $2,296,170

$2,296,170 $2,296,170 $2,296,170

$2,296,170 $2,296,170 $2,296,170

111.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$8,704

$8,704

$8,704

111.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$15,287

$15,287

$15,287

111.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$38,255

$38,255

$38,255

111.0International Relations and Trade

Appropriation (HB 95)

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.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,358,416 $2,358,416 $2,358,416

$2,358,416 $2,358,416 $2,358,416

$2,358,416 $2,358,416 $2,358,416

Innovation and Technology

Continuation Budget

TUESDAY, APRIL 17, 2007

2953

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 State General Funds
TOTAL PUBLIC FUNDS

$2,624,091 $2,624,091 $2,624,091

$2,624,091 $2,624,091 $2,624,091

$2,624,091 $2,624,091 $2,624,091

112.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$4,849

$4,849

$4,849

112.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$8,946

$8,946

$8,946

112.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$22,384

$22,384

$22,384

112.4 Increase funds for economic development equipment for the Herty Advanced Materials Development Center. (H:See House version of HB94)(S:See bonds)

State General Funds

$630,000

$0

$0

112.5 Eliminate one-time funds received in HB1027 (FY07) for micro enterprises. (S:Increase funds for micro enterprises by providing funds to Appalachian Community Enterprise ($25,000) and other businesses that promote entrepreneurship through micro business loans)

State General Funds

($25,000)

($25,000)

$50,000

112.6 Eliminate one-time funds received in HB1027 (FY07) for a bioscience collaboration.

State General Funds

($1,000,000) ($1,000,000) ($1,000,000)

112.0Innovation and Technology

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$2,265,270 $2,265,270 $2,265,270

$1,635,270 $1,635,270 $1,635,270

$1,710,270 $1,710,270 $1,710,270

2954

JOURNAL OF THE HOUSE

Small and Minority Business Development

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS

$893,624 $893,624
$20,244 $20,244 $20,244 $913,868

$893,624 $893,624
$20,244 $20,244 $20,244 $913,868

$893,624 $893,624
$20,244 $20,244 $20,244 $913,868

113.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$7,482

$7,482

$7,482

113.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$11,899

$11,899

$11,899

113.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$29,775

$29,775

$29,775

113.0Small and Minority Business Development

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS

$942,780 $942,780
$20,244 $20,244 $20,244 $963,024

$942,780 $942,780
$20,244 $20,244 $20,244 $963,024

$942,780 $942,780
$20,244 $20,244 $20,244 $963,024

Tourism

Continuation Budget

The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state and encourage

tourism expenditures.

TUESDAY, APRIL 17, 2007

2955

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$12,061,348 $12,061,348 $12,061,348

$12,061,348 $12,061,348 $12,061,348

$12,061,348 $12,061,348 $12,061,348

114.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$32,032

$32,032

$32,032

114.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$64,540

$64,540

$64,540

114.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$161,489

$161,489

$161,489

114.4 Transfer funds for the Georgia Historical Society contract for new historic markers from the Department of Natural Resources.

State General Funds

$60,000

$60,000

$60,000

114.5 Eliminate pass-through funds from the Historic Chattahoochee Commission.

State General Funds

($52,500)

($52,500)

($52,500)

114.6 Utilize existing funds to add one research director position ($81,000), conduct studies to measure the impacts of current and potential tourism initiatives to increase Georgia's tourism market share ($231,000), and add one fundraiser position to assist Tourism Foundation members with fundraising activities ($81,000). (G:YES)(H:YES)(S:Approval not required by the General Assembly)

State General Funds

$0

$0

$0

114.7 Increase funds for Tour de Georgia. (S:Use for tourism and marketing) [One-Time Change]

State General Funds

$500,000

$100,000

114.8 Increase funds for Warner Robins Air Force base museum.

State General Funds

$100,000

$0

114.9 Increase funds for Washington-Wilkes County Level 3 Regional Visitor Information Center.

State General Funds

$2,500

$0

114.10 Increase funds for Civil War commemoration preparation and Resaca Battlefield development. (S:Use for planning) [One-Time
Change]

2956

JOURNAL OF THE HOUSE

State General Funds

$500,000

114.11 Increase funds for the Jefferson Davis Trail, March to the Sea Trail, Atlanta Campaign Trail, and Civil Rights Trail. [One-Time
Change]

State General Funds

$200,000

114.12 Increase funds for the National Infantry Museum ($2,500,000) and Cobb Energy Performing Arts Center ($2,500,000). [One-
Time Change]

State General Funds

$5,000,000

114.13 Increase funds for Zoo Atlanta for the renovation of hospital. [One-Time Change]

State General Funds

$100,000

114.0 Tourism

Appropriation (HB 95)

The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state and encourage tourism expenditures.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$12,326,909 $12,326,909 $12,326,909

$12,929,409 $12,929,409 $12,929,409

$18,226,909 $18,226,909 $18,226,909

Payments to Aviation Hall of Fame

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$50,000 $50,000 $50,000

$50,000 $50,000 $50,000

$50,000 $50,000 $50,000

115.99 SAC: The purpose of this appropriation is to provide operating funds for and 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.

State General Funds

$0

115.0Payments to Aviation Hall of Fame

Appropriation (HB 95)

TUESDAY, APRIL 17, 2007

2957

The purpose of this appropriation is to provide operating funds for and 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 State General Funds
TOTAL PUBLIC FUNDS

$50,000 $50,000 $50,000

$50,000 $50,000 $50,000

$50,000 $50,000 $50,000

Payments to Golf Hall Of Fame Authority

Continuation Budget

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.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$58,685 $58,685 $58,685

$58,685 $58,685 $58,685

$58,685 $58,685 $58,685

116.1 Increase funds for operations.

State General Funds

$500,000

$150,000

116.2 Increase funds for a feasibility study for a private/public self-sustaining partnership. (S:Pre-design for new building)

State General Funds

$50,000

$100,000

116.99 SAC: The purpose of this appropriation is to provide operating funds for and 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.

State General Funds

$0

116.0Payments to Golf Hall Of Fame Authority

Appropriation (HB 95)

The purpose of this appropriation is to provide operating funds for and 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 State General Funds
TOTAL PUBLIC FUNDS

$58,685 $58,685 $58,685

$608,685 $608,685 $608,685

$308,685 $308,685 $308,685

2958

JOURNAL OF THE HOUSE

Payments to Georgia Medical Center Authority

Continuation Budget

The purpose of this appropriation is to provide funds to the Georgia Medical Center Authority.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$405,000 $405,000 $405,000

$405,000 $405,000 $405,000

$405,000 $405,000 $405,000

117.1 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$3,712

$3,712

$3,712

117.99 SAC: The purpose of this appropriation is to provide operating funds for and develop the life sciences industry in Georgia. House: Develop the life sciences industry in Georgia. Governor: Develop the life sciences industry in Georgia.

State General Funds

$0

$0

$0

117.0Payments to Georgia Medical Center Authority

Appropriation (HB 95)

The purpose of this appropriation is to provide operating funds for and develop the life sciences industry in Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$408,712 $408,712 $408,712

$408,712 $408,712 $408,712

$408,712 $408,712 $408,712

Payments to Georgia Music Hall of Fame Authority The purpose of this appropriation is to preserve Georgia's rich musical heritage.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$814,070 $814,070 $814,070

Continuation Budget

$814,070 $814,070 $814,070

$814,070 $814,070 $814,070

118.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$4,950

$4,950

$0

118.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$6,815

$6,815

$0

118.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$14,631

$14,631

$0

TUESDAY, APRIL 17, 2007

2959

118.99 SAC: The purpose of this appropriation is to provide operating funds for and preserve Georgia's rich musical heritage.

State General Funds

$0

118.0Payments to Georgia Music Hall of Fame Authority

Appropriation (HB 95)

The purpose of this appropriation is to provide operating funds for and preserve Georgia's rich musical heritage.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$840,466 $840,466 $840,466

$840,466 $840,466 $840,466

$814,070 $814,070 $814,070

Payments to Georgia Sports Hall of Fame Authority

Continuation Budget

The purpose of this appropriation is to preserve and interpret the history of sports in Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$741,895 $741,895 $741,895

$741,895 $741,895 $741,895

$741,895 $741,895 $741,895

119.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$4,265

$4,265

$0

119.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$6,420

$6,420

$0

119.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$15,764

$15,764

$0

119.99 SAC: The purpose of this appropriation is to provide operating funds for and preserve and interpret the history of sports in Georgia.

State General Funds

$0

119.0Payments to Georgia Sports Hall of Fame Authority

Appropriation (HB 95)

The purpose of this appropriation is to provide operating funds for and preserve and interpret the history of sports in Georgia.

2960

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$768,344 $768,344 $768,344

$768,344 $768,344 $768,344

$741,895 $741,895 $741,895

Civil War Commission

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$100,000 $100,000 $100,000

$100,000 $100,000 $100,000

$100,000 $100,000 $100,000

120.1 Eliminate one-time funds received in HB1027 (FY07) for the preservation of cemeteries and historic sites.

State General Funds

($50,000)

($50,000)

($50,000)

120.0Civil War Commission

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$50,000 $50,000 $50,000

$50,000 $50,000 $50,000

$50,000 $50,000 $50,000

Section 23: Education, Department of

Section Total - Continuation

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families
TOTAL AGENCY FUNDS

$7,219,516,840 $7,189,516,840
$30,000,000 $1,113,965,001 $1,113,765,001
$200,000 $12,391,307

$7,219,516,840 $7,189,516,840
$30,000,000 $1,113,965,001 $1,113,765,001
$200,000 $12,391,307

$7,219,516,840 $7,189,516,840
$30,000,000 $1,113,965,001 $1,113,765,001
$200,000 $12,391,307

TUESDAY, APRIL 17, 2007

2961

Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS

$3,489,938 $2,344,991 $6,299,351
$257,027 $8,345,873,148

$3,489,938 $2,344,991 $6,299,351
$257,027 $8,345,873,148

$3,489,938 $2,344,991 $6,299,351
$257,027 $8,345,873,148

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 - Final

$7,809,109,867 $7,809,109,867 $1,116,954,261 $1,116,954,261
$12,391,307 $3,489,938 $2,344,991 $6,299,351
$257,027 $8,938,455,435

$7,850,302,706 $7,850,302,706 $1,116,954,261 $1,116,954,261
$12,391,307 $3,489,938 $2,344,991 $6,299,351
$257,027 $8,979,648,274

$7,826,706,733 $7,826,706,733 $1,121,650,747 $1,121,650,747
$12,391,307 $3,489,938 $2,344,991 $6,299,351
$257,027 $8,960,748,787

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 State General Funds
TOTAL PUBLIC FUNDS

$6,166,710 $6,166,710 $6,166,710

$6,166,710 $6,166,710 $6,166,710

$6,166,710 $6,166,710 $6,166,710

121.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$15,600

$15,600

$15,600

121.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$23,634

$23,634

$23,634

121.3 Increase funds for the Teacher Success Model and two positions.

State General Funds

$600,000

$600,000

$600,000

2962

JOURNAL OF THE HOUSE

121.4 Utilize existing funds for a science mentor position for Metro-Atlanta. (G:YES)(H:YES)(S:Approval not required by the General Assembly)

State General Funds

$0

$0

$0

121.5 Reduce funds from teacher liability premiums ($200,000) and transfer remaining funds to the Central Office program to pay the teacher liability insurance premiums ($900,000).

State General Funds

($1,100,000) ($1,100,000) ($1,100,000)

121.0Academic Coach Program

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$5,705,944 $5,705,944 $5,705,944

$5,705,944 $5,705,944 $5,705,944

$5,705,944 $5,705,944 $5,705,944

Agricultural Education

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$8,108,659 $8,108,659
$126,577 $126,577 $450,000 $450,000 $450,000 $8,685,236

$8,108,659 $8,108,659
$126,577 $126,577 $450,000 $450,000 $450,000 $8,685,236

$8,108,659 $8,108,659
$126,577 $126,577 $450,000 $450,000 $450,000 $8,685,236

122.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$73,959

122.2 Increase funds for a salary adjustment of 3% effective September 1, 2007.

State General Funds

$218,228

$73,959 $218,228

$73,959 $218,228

TUESDAY, APRIL 17, 2007

2963

122.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 18.534% for teachers.

State General Funds

$103,896

$103,896

$103,896

122.4 Increase funds for one new Young Farmer position in Whitfield County. (S:NO; Increase funds for two Young Farmers in Early and Thomas counties)

State General Funds

$76,010

$152,020

122.5 Increase funds for the engineering and installation of a sewage treatment facility at the state Future Farmers of America (FFA) camp in Covington. [One-Time Change]

State General Funds

$500,000

$912,000

122.0Agricultural Education

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$8,504,742 $8,504,742
$126,577 $126,577 $450,000 $450,000 $450,000 $9,081,319

$9,080,752 $9,080,752
$126,577 $126,577 $450,000 $450,000 $450,000 $9,657,329

$9,568,762 $9,568,762
$126,577 $126,577 $450,000 $450,000 $450,000 $10,145,339

Central Office

Continuation Budget

The purpose of this appropriation is to act as a service oriented agency supporting local school districts.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances

$35,871,976 $35,871,976 $38,180,833 $38,180,833 $6,899,025 $3,389,938 $3,389,938 $2,344,991

$35,871,976 $35,871,976 $38,180,833 $38,180,833 $6,899,025 $3,389,938 $3,389,938 $2,344,991

$35,871,976 $35,871,976 $38,180,833 $38,180,833 $6,899,025 $3,389,938 $3,389,938 $2,344,991

2964

JOURNAL OF THE HOUSE

Reserved Fund Balances Not Itemized Intergovernmental Transfers
Intergovernmental Transfers Not Itemized Sales and Services
Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$2,344,991 $1,011,224 $1,011,224
$152,872 $152,872 $80,951,834

$2,344,991 $1,011,224 $1,011,224
$152,872 $152,872 $80,951,834

$2,344,991 $1,011,224 $1,011,224
$152,872 $152,872 $80,951,834

123.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$396,997

$396,997

$396,997

123.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$282,682

$282,682

$282,682

123.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$1,367,035

$1,367,035

$1,367,035

123.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$314,278

$314,278

$314,278

123.5 Increase funds for a Georgia Building Authority (GBA) rate change. (S:NO to GBA rate increase for utilities)

State General Funds

$52,884

$52,884

$7,944

123.6 Increase funds for internal Information Technology support to offset the loss of one-time funds.

State General Funds

$1,756,445

$1,756,445

$1,756,445

123.7 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize state funds ($819,995) and federal funds ($273,332) for internal Information Technology support to offset the loss of one-time funds. (G:YES)(H:YES)

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$0

$0

($819,995)

$0

$0

$0

$0

$0

($819,995)

123.8 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize state funds ($23,560) and federal funds ($15,707) for internal Information Technology support to offset the loss of one-time funds. (G:YES)(H:YES)

TUESDAY, APRIL 17, 2007

2965

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$0

$0

($23,560)

$0

$0

$0

$0

$0

($23,560)

123.9 Increase funds to support the operation of the Student Information System.

State General Funds

$665,000

$665,000

$665,000

123.10 Reduce funds from the completion of the reading and math evaluation. (S:Transfer to the Non-Quality Basic Education Formula Grants program for children in residential education facilities)

State General Funds

($150,000)

($150,000)

($150,000)

123.11 Utilize existing funds for a health/physical education coordinator position to address student wellness. (G:YES)(H:YES)(S:Approval not required by the General Assembly)

State General Funds

$0

$0

$0

123.12 Transfer funds for teacher liability insurance from the Academic Coach program.

State General Funds

$900,000

$900,000

$900,000

123.13 Eliminate contract funds for Public Service Announcements (monthly Superintendent's conference calls).

State General Funds

($18,034)

($18,034)

123.14 Eliminate contract funds in Human Resources for occasional temporary assistance.

State General Funds

($910)

($910)

123.15 Eliminate contract funds for the Fernbank Science Center.

State General Funds

($82,935)

($82,935)

123.16 Eliminate contract funds for Achievers International.

State General Funds

($15,000)

($15,000)

123.17 Eliminate contract funds for Communications Tools.

State General Funds

($77,200)

($77,200)

123.18 Eliminate contract funds for School Climate Workshops.

State General Funds

($4,700)

($4,700)

123.19 Eliminate contract funds for the Transportation Advisory Group.

State General Funds

($1,940)

($1,940)

2966

JOURNAL OF THE HOUSE

123.20 Transfer the American Association of Adapted Sports Program (AAASP) from the Department of Human Resources Child and Adolescent Developmental Disabilities Services program.

State General Funds

$534,069

$534,069

123.21 Increase funds to provide two new employees to administer the provisions of SB10 (2007 Session) "Georgia Special Needs Scholarship".

State General Funds

$200,000

123.22 Increase funds to provide two new positions for the Charter Schools Division and operational costs for the Charter Advisory Committee per SB39 (2007 Session) "Charter Systems Act".

State General Funds

$280,000

123.0Central Office

Appropriation (HB 95)

The purpose of this appropriation is to act as a service oriented agency supporting local school districts.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$41,457,297 $41,457,297 $38,180,833 $38,180,833 $6,899,025 $3,389,938 $3,389,938 $2,344,991 $2,344,991 $1,011,224 $1,011,224
$152,872 $152,872 $86,537,155

$41,790,647 $41,790,647 $38,180,833 $38,180,833 $6,899,025 $3,389,938 $3,389,938 $2,344,991 $2,344,991 $1,011,224 $1,011,224
$152,872 $152,872 $86,870,505

$41,382,152 $41,382,152 $38,180,833 $38,180,833 $6,899,025 $3,389,938 $3,389,938 $2,344,991 $2,344,991 $1,011,224 $1,011,224
$152,872 $152,872 $86,462,010

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 State General Funds

$1,220,193 $1,220,193

$1,220,193 $1,220,193

$1,220,193 $1,220,193

TUESDAY, APRIL 17, 2007

2967

TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$6,729,711 $6,729,711 $7,949,904

$6,729,711 $6,729,711 $7,949,904

$6,729,711 $6,729,711 $7,949,904

124.1 Increase funds to promote the development of Charter Schools by providing financial assistance for planning grants; facility improvement, renovation and construction; and equipment purchases. (S:Create a facilities fund for State Chartered Special Schools for $600,000, and designate $625,000 for implementation grants for Charter Systems)

State General Funds

$5,000,000

$2,000,000

124.99 SAC: The purpose of this appropriation is to support and encourage development and approval of charter public schools as one part of Georgia's overall school improvement strategy, provided that at least $600,000 of this appropriation is designated to fund facilities for State Chartered Special Schools and $625,000 is designated for implementation grants for Charter Systems.

State General Funds

$0

124.0Charter Schools

Appropriation (HB 95)

The purpose of this appropriation is to support and encourage development and approval of charter public schools as one part of Georgia's overall school improvement strategy, provided that at least $600,000 of this appropriation is designated to fund facilities for State Chartered Special Schools and $625,000 is designated for implementation grants for Charter Systems.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$1,220,193 $1,220,193 $6,729,711 $6,729,711 $7,949,904

$6,220,193 $6,220,193 $6,729,711 $6,729,711 $12,949,904

$3,220,193 $3,220,193 $6,729,711 $6,729,711 $9,949,904

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 State General Funds
TOTAL PUBLIC FUNDS

$2,303,123 $2,303,123 $2,303,123

$2,303,123 $2,303,123 $2,303,123

$2,303,123 $2,303,123 $2,303,123

2968

JOURNAL OF THE HOUSE

125.1 Eliminate one-time funds received in HB1027 (FY07) for five new Performance Learning Centers (PLCs).

State General Funds

($982,500)

($982,500)

($982,500)

125.2 Increase funds for five new local affiliate programs. (S:Transfer to the Dropout Prevention program)

State General Funds

$175,000

$0

125.3 Increase funds for operations for five Performance Learning Centers funded in HB1027 (FY07). (S:Transfer to the Dropout Prevention program)

State General Funds

$450,000

$0

125.4 Increase funds for two new Performance Learning Centers in Muscogee County and the Oconee RESA. (S:Increase funds for three new Performance Learning Centers and transfer to the Dropout Prevention program)

State General Funds

$500,000

$0

125.5 Transfer funds and activities to the Dropout Prevention program.

State General Funds

($1,320,623)

125.0Communities in Schools

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$1,320,623 $1,320,623 $1,320,623

$2,445,623 $2,445,623 $2,445,623

Curriculum Development

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS

$1,774,833 $1,774,833
$200,000 $200,000 $200,000 $1,974,833

$1,774,833 $1,774,833
$200,000 $200,000 $200,000 $1,974,833

$1,774,833 $1,774,833
$200,000 $200,000 $200,000 $1,974,833

126.1 Eliminate one-time funds received in HB1027 (FY07) for the Basic Right Over Wrong (B-ROW) contract.

TUESDAY, APRIL 17, 2007

2969

Temporary Assistance for Needy Families Grant CFDA93.558

($200,000)

($200,000)

($200,000)

126.2 Increase funds to develop 255 instructional video clips for the online Georgia Performance Standards (GPS) training. [One-
Time Change]

State General Funds

$500,000

126.0Curriculum Development

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$1,774,833 $1,774,833 $1,774,833

$1,774,833 $1,774,833 $1,774,833

$2,274,833 $2,274,833 $2,274,833

Dropout Prevention The purpose of this appropriation is to reduce dropout rates for Georgia students.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$15,829,069 $15,829,069 $15,829,069

Continuation Budget

$15,829,069 $15,829,069 $15,829,069

$15,829,069 $15,829,069 $15,829,069

127.1 Increase funds for a salary adjustment of 3% effective September 1, 2007.

State General Funds

$1,115,142

$1,115,142

$1,115,142

127.2 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 18.534% for teachers.

State General Funds

$637,245

$637,245

$637,245

127.3 Increase funds to expand graduation coaches to middle schools. (H and S:Modify program: Middle Schools and High Schools will earn one coach each, except in High Schools with a graduation rate of 95% or higher. Additionally, combination Middle/High Schools will earn one coach per school. Local school systems shall allocate graduation coaches among Middle and High Schools with highest priority given to serving the greatest number of students at risk of dropping out)

State General Funds

$21,101,588 $18,016,320 $18,016,320

127.4 Increase funds for training and experience for high school graduation coaches and increase funds for graduation coaches at twelve new high schools and the three state schools.

State General Funds

$8,075,069

$8,075,069

$8,075,069

2970

JOURNAL OF THE HOUSE

127.5 Increase funds to train new graduation coaches.

State General Funds

$250,000

$250,000

$250,000

127.6 Increase funds to pay for college entrance exams. (H and S:Transfer recommended funds to the Testing program as the proposed program has objectives and measures similar to other testing programs including SAT Prep, PSAT exams and AP exams)

State General Funds

$2,500,000

$0

$0

127.7 Increase funds for the Junior Reserve Officers Training Corps (JROTC) program to address the high school dropout rate. (S:Include Vidalia High School as one of the grant recipients)

State General Funds

$780,000

$780,000

$780,000

127.8 Increase funds for online tutorial services statewide.

State General Funds

$750,000

$750,000

$750,000

127.9 Transfer funds and activities from the Communities in Schools program ($1,320,623) and increase funds for three new Performance Learning Centers in Candler, Montgomery, and Muscogee counties ($750,000), operating costs for five Performance Learning Centers previously funded in HB1027 (FY07) ($450,000), and the expansion of five new local affiliate programs ($175,000).

State General Funds

$2,695,623

127.0Dropout Prevention

The purpose of this appropriation is to reduce dropout rates for Georgia students.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$51,038,113 $51,038,113 $51,038,113

Appropriation (HB 95)

$45,452,845 $45,452,845 $45,452,845

$48,148,468 $48,148,468 $48,148,468

Federal Programs

Continuation Budget

The purpose of this appropriation is to coordinate federally funded programs and allocate federal funds to school systems.

TOTAL STATE FUNDS TOTAL FEDERAL FUNDS
Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$0 $817,561,039 $817,561,039 $817,561,039

$0 $817,561,039 $817,561,039 $817,561,039

$0 $817,561,039 $817,561,039 $817,561,039

128.0Federal Programs

Appropriation (HB 95)

TUESDAY, APRIL 17, 2007

2971

The purpose of this appropriation is to coordinate federally funded programs and allocate federal funds to school systems.

TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$817,561,039 $817,561,039 $817,561,039

$817,561,039 $817,561,039 $817,561,039

$817,561,039 $817,561,039 $817,561,039

Foreign Language

Continuation Budget

The purpose of this appropriation is to provide funds to schools for foreign language instruction.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,590,857 $1,590,857 $1,590,857

$1,590,857 $1,590,857 $1,590,857

$1,590,857 $1,590,857 $1,590,857

129.1 Transfer funds and activities to the Quality Basic Education program to provide foreign language media materials for elementary school students statewide. (H and S:NO; Restore program)

State General Funds

($1,590,857)

$0

$0

129.0Foreign Language

Appropriation (HB 95)

The purpose of this appropriation is to provide funds to schools for foreign language instruction.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,590,857 $1,590,857 $1,590,857

$1,590,857 $1,590,857 $1,590,857

Fund Accounting

Continuation Budget

The purpose of this appropriation is 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 STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,000,000 $2,000,000 $2,000,000

$2,000,000 $2,000,000 $2,000,000

$2,000,000 $2,000,000 $2,000,000

130.1 Eliminate funds. State General Funds

($2,000,000) ($2,000,000) ($2,000,000)

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JOURNAL OF THE HOUSE

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $5,117,573 $5,117,573 $5,117,573

$0 $0 $5,117,573 $5,117,573 $5,117,573

$0 $0 $5,117,573 $5,117,573 $5,117,573

131.1 Transfer funds and activities from the State Reading and Math program ($2,100,000) and the Central Office program ($150,000) to provide targeted training for teachers of students with disabilities. (S:Utilize federal funds; transfer state funds

instead to the Non-Quality Basic Education Formula Grants program for children in residential education facilities)

State General Funds Federal Funds Not Itemized

$2,250,000

$2,250,000

$2,250,000

131.0Georgia Learning Resources System

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$2,250,000 $2,250,000 $5,117,573 $5,117,573 $7,367,573

$2,250,000 $2,250,000 $5,117,573 $5,117,573 $7,367,573

$7,367,573 $7,367,573 $7,367,573

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 State General Funds
TOTAL PUBLIC FUNDS

$2,188,734 $2,188,734 $2,188,734

$2,188,734 $2,188,734 $2,188,734

$2,188,734 $2,188,734 $2,188,734

132.1 Annualize the cost of the FY07 salary adjustment.

TUESDAY, APRIL 17, 2007

2973

State General Funds

$4,033

$4,033

$4,033

132.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$6,111

$6,111

$6,111

132.0Georgia Virtual School

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$2,198,878 $2,198,878 $2,198,878

$2,198,878 $2,198,878 $2,198,878

$2,198,878 $2,198,878 $2,198,878

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 State General Funds
TOTAL PUBLIC FUNDS

$689,203 $689,203 $689,203

$689,203 $689,203 $689,203

$689,203 $689,203 $689,203

133.1 Transfer funds and Georgia Performance Standards (GPS) training responsibilities to the Regional Education Service Agencies program (RESAs) to provide comprehensive training and support to schools statewide. (H and S:Partially restore funds and eliminate contract in FY09 to facilitate a distribution of funds statewide on a per student basis for supplemental science and technology programs)

State General Funds

($689,203)

($439,203)

($189,203)

133.0Georgia Youth Science and Technology

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$250,000 $250,000 $250,000

$500,000 $500,000 $500,000

Governor's Honors Program

Continuation Budget

2974

JOURNAL OF THE HOUSE

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 State General Funds
TOTAL PUBLIC FUNDS

$1,418,223 $1,418,223 $1,418,223

$1,418,223 $1,418,223 $1,418,223

$1,418,223 $1,418,223 $1,418,223

134.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$5,010

$5,010

$5,010

134.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$7,591

$7,591

$7,591

134.0Governor's Honors Program

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$1,430,824 $1,430,824 $1,430,824

$1,430,824 $1,430,824 $1,430,824

$1,430,824 $1,430,824 $1,430,824

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 State General Funds
TOTAL PUBLIC FUNDS

$7,417,319 $7,417,319 $7,417,319

$7,417,319 $7,417,319 $7,417,319

$7,417,319 $7,417,319 $7,417,319

135.0Information Technology Services

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$7,417,319 $7,417,319 $7,417,319

$7,417,319 $7,417,319 $7,417,319

$7,417,319 $7,417,319 $7,417,319

TUESDAY, APRIL 17, 2007

2975

National Board Certification

Continuation Budget

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).

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$11,038,035 $11,038,035 $11,038,035

$11,038,035 $11,038,035 $11,038,035

$11,038,035 $11,038,035 $11,038,035

136.1 Increase funds to provide for a ten percent salary increase for new teachers achieving National Board Certification.

State General Funds

$1,256,593

136.0National Board Certification

Appropriation (HB 95)

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).

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$11,038,035 $11,038,035 $11,038,035

$11,038,035 $11,038,035 $11,038,035

$12,294,628 $12,294,628 $12,294,628

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 State General Funds
TOTAL PUBLIC FUNDS

$1,416,750 $1,416,750 $1,416,750

$1,416,750 $1,416,750 $1,416,750

$1,416,750 $1,416,750 $1,416,750

137.0National Science Center and Foundation

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$1,416,750 $1,416,750 $1,416,750

$1,416,750 $1,416,750 $1,416,750

$1,416,750 $1,416,750 $1,416,750

Non Quality Basic Education Formula Grants

Continuation Budget

2976

JOURNAL OF THE HOUSE

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 State General Funds
TOTAL PUBLIC FUNDS

$21,088,674 $21,088,674 $21,088,674

$21,088,674 $21,088,674 $21,088,674

$21,088,674 $21,088,674 $21,088,674

138.1 Eliminate funds from summer remediation grants. (H:NO; Maintain Summer Remediation as a program targeting funds to low-achieving Middle School students instead of redirecting funds to the Quality Basic Education (QBE) program)

State General Funds

($1,400,000)

$0 ($1,400,000)

138.2 Increase funds for classroom cards from $10,000,000 to $11,213,500 for additional teachers and provide one card per school media center.

State General Funds

$1,213,500

$1,213,500

$1,213,500

138.3 Reduce funds for one-hundred twenty principals (from one-hundred fifty to thirty) at $15,000 per eligible principal to more accurately reflect anticipated participation in the program. (S:Reduce to twenty-five principals)

State General Funds

($1,800,000) ($1,875,000)

138.4 Increase funds for local school systems for children in foster care to comply with SB618 (2006 Session) "Change Provisions of the Quality Basic Education Act for Children in Custody".

State General Funds

$4,011,247

138.5 Increase funds for a Regional Agriculture Center for the Toombs County Board of Education. [One-Time Change]

State General Funds

$1,200,000

138.99 SAC: The purpose of this appropriation is to provide grants for purchasing cards for classroom supplies, to fund children in residential education facilities, to compensate high performance principals, to fund migrant education, sparsity, and low incidence special education, and build a regional agriculture center in Toombs County.

State General Funds

$0

138.0Non Quality Basic Education Formula Grants

Appropriation (HB 95)

The purpose of this appropriation is to provide grants for purchasing cards for classroom supplies, to fund children in residential education facilities, to compensate high performance principals, to fund migrant education, sparsity, and low incidence special education, and build a regional agriculture center in Toombs County.

TUESDAY, APRIL 17, 2007

2977

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$20,902,174 $20,902,174 $20,902,174

$20,502,174 $20,502,174 $20,502,174

$24,238,421 $24,238,421 $24,238,421

Nutrition

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$37,523,884 $37,523,884 $188,375,722 $188,375,722 $225,899,606

$37,523,884 $37,523,884 $188,375,722 $188,375,722 $225,899,606

$37,523,884 $37,523,884 $188,375,722 $188,375,722 $225,899,606

139.1 Increase funds for a salary adjustment of 3% effective July 1, 2007. State General Funds

$1,220,503

$1,220,503

$1,220,503

139.0 Nutrition

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$38,744,387 $38,744,387 $188,375,722 $188,375,722 $227,120,109

$38,744,387 $38,744,387 $188,375,722 $188,375,722 $227,120,109

$38,744,387 $38,744,387 $188,375,722 $188,375,722 $227,120,109

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 State General Funds
TOTAL PUBLIC FUNDS

$26,471,119 $26,471,119 $26,471,119

$26,471,119 $26,471,119 $26,471,119

$26,471,119 $26,471,119 $26,471,119

140.1 Annualize the cost of the FY07 salary adjustment.

2978

JOURNAL OF THE HOUSE

State General Funds

$237,248

$237,248

$237,248

140.2 Increase funds for a salary adjustment of 3% effective September 1, 2007.

State General Funds

$906,024

$906,024

$906,024

140.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 18.534% for teachers.

State General Funds

$431,346

$431,346

$431,346

140.4 Increase funds for enrollment increases.

State General Funds

$1,089,418

$1,089,418

$1,089,418

140.0Preschool Handicapped

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$29,135,155 $29,135,155 $29,135,155

$29,135,155 $29,135,155 $29,135,155

$29,135,155 $29,135,155 $29,135,155

Principal Supplements

Continuation Budget

The purpose of this appropriation is to provide a salary supplement to principals with additional responsibilities.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$5,361,125 $5,361,125 $5,361,125

$5,361,125 $5,361,125 $5,361,125

$5,361,125 $5,361,125 $5,361,125

141.1 Eliminate funds and reflect in the Quality Basic Education (QBE) program.

State General Funds

($5,361,125) ($5,361,125) ($5,361,125)

Pupil Transportation

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$166,452,130 $166,452,130 $166,452,130

$166,452,130 $166,452,130 $166,452,130

$166,452,130 $166,452,130 $166,452,130

TUESDAY, APRIL 17, 2007

2979

142.1 Increase funds for a salary adjustment of 3% effective July 1, 2007. State General Funds

$2,416,639

$2,416,639

$2,416,639

142.0Pupil Transportation

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$168,868,769 $168,868,769 $168,868,769

$168,868,769 $168,868,769 $168,868,769

$168,868,769 $168,868,769 $168,868,769

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 State General Funds
TOTAL PUBLIC FUNDS

$427,024,372 $427,024,372 $427,024,372

$427,024,372 $427,024,372 $427,024,372

$427,024,372 $427,024,372 $427,024,372

143.1 Eliminate funds from the one-time grant for Jeff Davis County Schools.

State General Funds

($200,000)

($200,000)

($200,000)

143.2 Increase funds for Equalization Grants. (H and S:Reduce recommendation to reflect a correction in school tax revenue data)

State General Funds

$32,704,683 $31,499,444 $31,499,444

143.0Quality Basic Education Equalization

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$459,529,055 $459,529,055 $459,529,055

$458,323,816 $458,323,816 $458,323,816

$458,323,816 $458,323,816 $458,323,816

Quality Basic Education Local Five Mill Share

Continuation Budget

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.

2980

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

($1,440,262,506) ($1,440,262,506) ($1,440,262,506) ($1,440,262,506) ($1,440,262,506) ($1,440,262,506) ($1,440,262,506) ($1,440,262,506) ($1,440,262,506)

144.1 Local Five Mill Share. State General Funds

($103,213,981) ($103,213,981) ($103,213,981)

144.0Quality Basic Education Local Five Mill Share

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

($1,543,476,487) ($1,543,476,487) ($1,543,476,487) ($1,543,476,487) ($1,543,476,487) ($1,543,476,487) ($1,543,476,487) ($1,543,476,487) ($1,543,476,487)

Quality Basic Education Program

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$7,419,025,063 $7,419,025,063 $7,419,025,063 $7,419,025,063 $7,419,025,063 $7,419,025,063 $7,419,025,063 $7,419,025,063 $7,419,025,063

145.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$44,233,928 $44,233,928 $44,233,928

145.2 Increase funds for a salary adjustment of 3% to the state base salary schedule for the State Board of Education effective September 1, 2007. This 3% adjustment is in addition to the 3% salary increase awarded to more than half of the certificated personnel through the normal progression on the teacher salary schedule.

State General Funds

$178,227,443 $178,227,443 $178,227,443

145.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 18.534% for teachers.

State General Funds

$103,856,005 $103,856,005 $103,856,005

145.4 Increase funds for enrollment growth of 2.65% ($152,589,582) and training and experience ($89,549,344).

State General Funds

$242,138,926 $242,138,926 $242,138,926

TUESDAY, APRIL 17, 2007

2981

145.5 Transfer funds for HB400 (2006 Session) from the Teachers' Retirement System (TRS) to properly reflect the employer rate increase for TRS members from 9.24% to 9.28%.

State General Funds

$1,758,150

$1,758,150

$1,758,150

145.6 Increase funds for additional instruction. (H:NO; Maintain Summer Remediation as a program targeting funds to lowachieving Middle School students instead of redirecting funds)

State General Funds

$1,400,000

$0

$1,400,000

145.7 Transfer funds and activities from the Foreign Language program to increase funds for media materials from $13.03 to $15.31 per FTE for grades K-5 and provide foreign language materials for elementary students statewide. (H:Do not redirect from Foreign Language; use state general funds)

State General Funds

$1,590,857

$1,590,857

$1,590,857

145.8 Increase funds to restore the austerity reduction. (S:Transfer funds to debt service to fund Capital Outlay Regular Funding and Exceptional Growth Funding at 100%)

State General Funds

$29,763,895 $29,763,895 $26,646,128

145.9 Increase funds to restore austerity reductions ($32,903,149) to the Quality Basic Education funding formula including FY 2003 reductions to direct classroom expenses, including equipment, additional instruction, and maintenance and operations ($7,096,851). (S:Restore austerity reduction)

State General Funds

$40,000,000 $20,000,000

145.10 Increase funds to correct an error in the middle school/middle grades FTE count for Paulding County.

State General Funds

$41,257

$41,257

145.0Quality Basic Education Program

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$8,021,994,267 $8,060,635,524 $8,038,917,757 $8,021,994,267 $8,060,635,524 $8,038,917,757 $8,021,994,267 $8,060,635,524 $8,038,917,757

Regional Education Service Agencies

Continuation Budget

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.

2982

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$11,962,471 $11,962,471 $11,962,471

$11,962,471 $11,962,471 $11,962,471

$11,962,471 $11,962,471 $11,962,471

146.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$52,126

$52,126

$52,126

146.2 Increase funds for a salary adjustment of 3% effective September 1, 2007.

State General Funds

$300,447

$300,447

$300,447

146.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 18.534% for teachers.

State General Funds

$143,039

$143,039

$143,039

146.4 Transfer funds and Georgia Performance Standards (GPS) training responsibilities from the Georgia Youth Science and Technology program to provide comprehensive training and support to schools statewide. (H and S:NO; Partially restore funds and cut the remaining balance)

State General Funds

$689,203

$0

$0

146.0Regional Education Service Agencies

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$13,147,286 $13,147,286 $13,147,286

$12,458,083 $12,458,083 $12,458,083

$12,458,083 $12,458,083 $12,458,083

School Improvement

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures

$11,636,228 $11,636,228
$100,000 $100,000

$11,636,228 $11,636,228
$100,000 $100,000

$11,636,228 $11,636,228
$100,000 $100,000

TUESDAY, APRIL 17, 2007

2983

Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS

$100,000 $11,736,228

$100,000 $11,736,228

$100,000 $11,736,228

147.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$91,493

$91,493

$91,493

147.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$132,611

$132,611

$132,611

147.3 Reduce funds from operations.

State General Funds

($400,000)

($400,000)

($400,000)

147.4 Eliminate contract funds for Graduation Counts Summit speakers.

State General Funds

($25,000)

($25,000)

147.5 Eliminate contract funds for travel and registration for the Graduation Counts Summit.

State General Funds

($155,000)

($155,000)

147.6 Eliminate contract funds for Coastal Plains Regional Education Service Agency (RESA) Standards.

State General Funds

($48,000)

($48,000)

147.7 Eliminate contract funds to Fulton Stone.

State General Funds

($10,000)

($10,000)

147.8 Eliminate contract funds for professional editing services of training materials.

State General Funds

($10,000)

($10,000)

147.0School Improvement

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS

$11,460,332 $11,460,332
$100,000 $100,000 $100,000 $11,560,332

$11,212,332 $11,212,332
$100,000 $100,000 $100,000 $11,312,332

$11,212,332 $11,212,332
$100,000 $100,000 $100,000 $11,312,332

2984

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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 State General Funds Tobacco Settlement Funds
TOTAL PUBLIC FUNDS

$30,000,000 $0
$30,000,000 $30,000,000

$30,000,000 $0
$30,000,000 $30,000,000

$30,000,000 $0
$30,000,000 $30,000,000

148.1 Replace funds.
State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS

$30,000,000 ($30,000,000)
$0

$30,000,000 ($30,000,000)
$0

$30,000,000 ($30,000,000)
$0

148.0School Nurses

Appropriation (HB 95)

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 State General Funds
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

Severely Emotionally Disturbed

Continuation Budget

The purpose of this appropriation is to provide statewide services to parents and educators of students with disabilities.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$67,834,466 $67,834,466 $7,724,112 $7,724,112 $75,558,578

$67,834,466 $67,834,466 $7,724,112 $7,724,112 $75,558,578

$67,834,466 $67,834,466 $7,724,112 $7,724,112 $75,558,578

149.1 Annualize the cost of the FY07 salary adjustment. (S:Utilize federal funds)

State General Funds Federal Funds Not Itemized

$303,650

$303,650

149.2 Increase funds for a salary adjustment of 3% effective September 1, 2007. (S:Utilize federal funds)

$303,650

TUESDAY, APRIL 17, 2007

2985

State General Funds Federal Funds Not Itemized

$1,451,700

$1,451,700

$1,451,700

149.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 18.534% for teachers. (S:Utilize federal funds)

State General Funds Federal Funds Not Itemized

$691,136

$691,136

$691,136

149.4 Increase funds for additional behavior support specialist positions.

Federal Funds Not Itemized

$3,189,260

$3,189,260

$3,189,260

149.0Severely Emotionally Disturbed

Appropriation (HB 95)

The purpose of this appropriation is to provide statewide services to parents and educators of students with disabilities.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$70,280,952 $70,280,952 $10,913,372 $10,913,372 $81,194,324

$70,280,952 $70,280,952 $10,913,372 $10,913,372 $81,194,324

$67,834,466 $67,834,466 $13,359,858 $13,359,858 $81,194,324

State Interagency Transfers

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
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

150.1 Increase funds for health insurance for non-certificated personnel to reflect an adjustment in the State Health Benefit Plan (SHBP) per member/per month rates.

State General Funds

$36,683,458 $36,683,458 $36,683,458

150.0State Interagency Transfers

Appropriation (HB 95)

2986

JOURNAL OF THE HOUSE

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$288,275,151 $288,275,151 $18,888,697 $18,888,697 $307,163,848

$288,275,151 $288,275,151 $18,888,697 $18,888,697 $307,163,848

$288,275,151 $288,275,151 $18,888,697 $18,888,697 $307,163,848

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 State General Funds
TOTAL PUBLIC FUNDS

$26,502,770 $26,502,770 $26,502,770

$26,502,770 $26,502,770 $26,502,770

$26,502,770 $26,502,770 $26,502,770

151.1 Transfer funds and activities to the Georgia Learning Resources System program (GLRS) to provide targeted training for teachers of students with disabilities. (S:Transfer to the Non-Quality Basic Education Formula Grants program for children in residential education facilities)

State General Funds

($2,100,000) ($2,100,000) ($2,100,000)

151.2 Eliminate funds and transfer to the Quality Basic Education (QBE) program.

State General Funds

($24,402,770) ($24,402,770) ($24,402,770)

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 State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services

$20,198,593 $20,198,593
$932,715 $828,560 $828,560 $104,155

$20,198,593 $20,198,593
$932,715 $828,560 $828,560 $104,155

$20,198,593 $20,198,593
$932,715 $828,560 $828,560 $104,155

TUESDAY, APRIL 17, 2007

2987

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$104,155 $21,131,308

$104,155 $21,131,308

$104,155 $21,131,308

152.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$149,240

$149,240

$149,240

152.2 Increase funds for a salary adjustment of 3% effective September 1, 2007.

State General Funds

$446,019

$446,019

$446,019

152.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$811,514

$811,514

$811,514

152.4 Increase funds for Minor Repairs and Renovations (MRR) at the three state schools. [One-Time Change]

State General Funds

$400,000

$600,000

$600,000

152.5 Increase funds for additional travel expenses for the Georgia Parent Infant Network for Educational Services (PINES) to continue providing services to families of infants and toddlers with sensory impairments.

State General Funds

$64,000

$64,000

$64,000

152.6 Increase funds for five instructors at the Atlanta Area School for the Deaf based on increased enrollment.

State General Funds

$202,484

$202,484

$202,484

152.7 Increase funds for training and experience pay for state school teachers.

State General Funds

$127,656

$127,656

$127,656

152.8 Increase funds to purchase textbooks and instructional materials for the Georgia Academy for the Blind. [One-Time Change]

State General Funds

$100,000

152.0State Schools

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized

$22,399,506 $22,399,506
$932,715 $828,560 $828,560

$22,599,506 $22,599,506
$932,715 $828,560 $828,560

$22,699,506 $22,699,506
$932,715 $828,560 $828,560

2988

JOURNAL OF THE HOUSE

Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$104,155 $104,155 $23,332,221

$104,155 $104,155 $23,532,221

$104,155 $104,155 $23,632,221

Technology/Career Education

Continuation Budget

The purpose of this appropriation is to equip students with academic, technical and leadership skills.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$15,954,386 $15,954,386 $20,606,546 $20,606,546 $4,009,567 $4,009,567 $4,009,567 $40,570,499

$15,954,386 $15,954,386 $20,606,546 $20,606,546 $4,009,567 $4,009,567 $4,009,567 $40,570,499

$15,954,386 $15,954,386 $20,606,546 $20,606,546 $4,009,567 $4,009,567 $4,009,567 $40,570,499

153.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$72,070

$72,070

$72,070

153.2 Increase funds for a salary adjustment of 3% effective September 1, 2007.

State General Funds

$238,136

$238,136

$238,136

153.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 18.534% for teachers.

State General Funds

$113,373

$113,373

$113,373

153.4 Authorize the Georgia State Financing and Investment Commission to redirect $11 million - the balance of $468 million approved April 24, 2001 as House Bill 139, Act No. 212 for public school capital outlay - for the purchase of vocational and agricultural equipment for new schools. (S:Move to issued bonds)

State General Funds

$0

$0

153.0Technology/Career Education

Appropriation (HB 95)

The purpose of this appropriation is to equip students with academic, technical and leadership skills.

TOTAL STATE FUNDS State General Funds

$16,377,965 $16,377,965

$16,377,965 $16,377,965

$16,377,965 $16,377,965

TUESDAY, APRIL 17, 2007

2989

TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$20,606,546 $20,606,546 $4,009,567 $4,009,567 $4,009,567 $40,994,078

$20,606,546 $20,606,546 $4,009,567 $4,009,567 $4,009,567 $40,994,078

$20,606,546 $20,606,546 $4,009,567 $4,009,567 $4,009,567 $40,994,078

Testing

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$20,459,829 $20,459,829 $10,454,191 $10,454,191 $30,914,020

$20,459,829 $20,459,829 $10,454,191 $10,454,191 $30,914,020

$20,459,829 $20,459,829 $10,454,191 $10,454,191 $30,914,020

154.1 Increase funds for Advanced Placement (AP) ($2,234,974) and the Preliminary Scholastic Assessment Test (PSAT) ($169,142) to reflect a higher number of students taking these exams.

State General Funds

$2,404,116

$2,404,116

$2,404,116

154.2 Increase funds to implement the revised Georgia Kindergarten Assessment Program (GKAP) to meet the new curriculum standards.

State General Funds

$175,000

$175,000

$175,000

154.3 Increase funds to pay for college entrance exams. (H and S:Transfer recommended funds from the Dropout Prevention program and reduce funds to reflect that not all SAT or ACT test takers will meet other program expectations including demonstrated use of SAT prep software, registration with GA College 411, and other proposed program requirements)

State General Funds

$1,250,000

$1,250,000

154.4 Provide funding toward Advanced Placement Exams for private school students on the same basis as public school students.

State General Funds

$354,075

$0

154.0 Testing

Appropriation (HB 95)

The purpose of this appropriation is to adopt a student assessment program consisting of instruments, procedures, and policies necessary to implement the program.

2990

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$23,038,945 $23,038,945 $10,454,191 $10,454,191 $33,493,136

$24,643,020 $24,643,020 $10,454,191 $10,454,191 $35,097,211

$24,288,945 $24,288,945 $10,454,191 $10,454,191 $34,743,136

Tuition for Multi-Handicapped

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$1,658,859 $1,658,859 $1,658,859

$1,658,859 $1,658,859 $1,658,859

$1,658,859 $1,658,859 $1,658,859

155.0Tuition for Multi-Handicapped

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$1,658,859 $1,658,859 $1,658,859

$1,658,859 $1,658,859 $1,658,859

$1,658,859 $1,658,859 $1,658,859

The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,643.33. 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 State General Funds
TOTAL AGENCY FUNDS Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$8,083,095 $8,083,095 $2,516,963 $2,516,963 $17,327,126

$8,083,095 $8,083,095 $2,516,963 $2,516,963 $17,327,126

$8,083,095 $8,083,095 $2,516,963 $2,516,963 $17,327,126

TUESDAY, APRIL 17, 2007

2991

State Funds Transfers TOTAL PUBLIC FUNDS

$17,327,126 $27,927,184

$17,327,126 $27,927,184

$17,327,126 $27,927,184

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

$3,230,801 $3,230,801 $2,559,098 $2,559,098 $17,704,149 $17,704,149 $23,494,048

Section Total - Final

$4,655,801 $4,655,801 $2,559,098 $2,559,098 $17,704,149 $17,704,149 $24,919,048

$5,807,801 $5,807,801 $2,559,098 $2,559,098 $17,710,149 $17,710,149 $26,077,048

Deferred Compensation

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $2,516,963 $2,516,963 $2,516,963 $2,516,963

$0 $0 $2,516,963 $2,516,963 $2,516,963 $2,516,963

$0 $0 $2,516,963 $2,516,963 $2,516,963 $2,516,963

156.1 Increase funds for the outsourcing of the administration function of the Peach State Reserves.

Sales and Services Not Itemized

$42,135

$42,135

$42,135

156.0Deferred Compensation

Appropriation (HB 95)

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 Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$2,559,098 $2,559,098 $2,559,098 $2,559,098

$2,559,098 $2,559,098 $2,559,098 $2,559,098

$2,559,098 $2,559,098 $2,559,098 $2,559,098

2992

JOURNAL OF THE HOUSE

Georgia Military Pension Fund

Continuation Budget

The purpose of this appropriation is to provide retirement allowances and other benefits for members of the Georgia National Guard.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,005,099 $1,005,099 $1,005,099

$1,005,099 $1,005,099 $1,005,099

$1,005,099 $1,005,099 $1,005,099

157.1 Increase funds for the Georgia Military Pension Fund to the level required by the latest actuarial report.

State General Funds

$97,974

$97,974

$97,974

157.0Georgia Military Pension Fund

Appropriation (HB 95)

The purpose of this appropriation is to provide retirement allowances and other benefits for members of the Georgia National Guard.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,103,073 $1,103,073 $1,103,073

$1,103,073 $1,103,073 $1,103,073

$1,103,073 $1,103,073 $1,103,073

System Administration

Continuation Budget

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 2008

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments
TOTAL PUBLIC FUNDS

$6,000 $6,000 $17,327,126 $17,327,126 $17,327,126 $17,333,126

$6,000 $6,000 $17,327,126 $17,327,126 $17,327,126 $17,333,126

$6,000 $6,000 $17,327,126 $17,327,126 $17,327,126 $17,333,126

158.1 Annualize the cost of the FY07 salary adjustment.

Retirement Payments

$85,301

$85,301

$85,301

158.2 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

Retirement Payments

$260,916

$260,916

$260,916

TUESDAY, APRIL 17, 2007

2993

158.3 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

Retirement Payments

$30,806

$30,806

$30,806

158.4 Replace funds.

State General Funds Retirement Payments TOTAL PUBLIC FUNDS

($6,000) $6,000
$0

158.99 SAC: 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.

Retirement Payments

$0

158.0System Administration

Appropriation (HB 95)

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.

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments
TOTAL PUBLIC FUNDS

$6,000 $6,000 $17,704,149 $17,704,149 $17,704,149 $17,710,149

$6,000 $6,000 $17,704,149 $17,704,149 $17,704,149 $17,710,149

$17,710,149 $17,710,149 $17,710,149 $17,710,149

Public School Employees Retirement System

Continuation Budget

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 $23.35 per member for State Fiscal Year 2008.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$7,071,996 $7,071,996 $7,071,996

$7,071,996 $7,071,996 $7,071,996

$7,071,996 $7,071,996 $7,071,996

2994

JOURNAL OF THE HOUSE

159.1 Reduce funds to the level required by the latest actuarial report.

State General Funds

($4,950,268) ($4,950,268) ($4,950,268)

159.2 Increase funds to raise the benefit accrual rate for each year of service by $0.25 per month to bring the rate from $14.00 to $14.25. (S:Increase rate from $14.00 to $14.50)

State General Funds

$1,425,000

$2,583,000

159.99 SAC: 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 the Public School Employees' Retirement System shall not exceed $41.80.

State General Funds

$0

159.0Public School Employees Retirement System

Appropriation (HB 95)

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 the Public School Employees' Retirement System shall not exceed $41.80.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,121,728 $2,121,728 $2,121,728

$3,546,728 $3,546,728 $3,546,728

$4,704,728 $4,704,728 $4,704,728

Section 25: Forestry Commission, State

Section Total - Continuation

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

$33,914,092 $33,914,092
$822,000 $822,000 $4,978,638 $139,500 $4,839,138 $39,714,730

$33,914,092 $33,914,092
$822,000 $822,000 $4,978,638 $139,500 $4,839,138 $39,714,730

$33,914,092 $33,914,092
$822,000 $822,000 $4,978,638 $139,500 $4,839,138 $39,714,730

Section Total - Final

TUESDAY, APRIL 17, 2007

2995

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

$38,054,852 $38,054,852
$822,000 $822,000 $4,810,483 $139,500 $4,670,983 $43,687,335

$37,985,772 $37,985,772
$822,000 $822,000 $4,810,483 $139,500 $4,670,983 $43,618,255

$37,140,677 $37,140,677
$822,000 $822,000 $4,810,483 $139,500 $4,670,983 $42,773,160

Commission Administration

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$4,491,830 $4,491,830
$173,027 $173,027 $173,027 $4,664,857

$4,491,830 $4,491,830
$173,027 $173,027 $173,027 $4,664,857

$4,491,830 $4,491,830
$173,027 $173,027 $173,027 $4,664,857

160.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$21,530

$21,530

$21,530

160.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$34,463

$34,463

$34,463

160.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$83,583

$83,583

$83,583

160.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$27,091

$27,091

$27,091

160.5 Increase funds to address ongoing facilities maintenance needs. (S:Move to bonds)

State General Funds

$860,000

$290,920

$0

160.6 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations.

2996

JOURNAL OF THE HOUSE

State General Funds

($38,137)

($38,137)

($38,137)

160.7 Increase funds to replace the annual debt service payment from the Herty Advanced Materials Development Center.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$168,155 ($168,155)
$0

$168,155 ($168,155)
$0

$168,155 ($168,155)
$0

160.8 Reduce funds from operations.

State General Funds

($248,449)

($248,449)

($248,449)

160.0Commission Administration

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$5,400,066 $5,400,066
$4,872 $4,872 $4,872 $5,404,938

$4,830,986 $4,830,986
$4,872 $4,872 $4,872 $4,835,858

$4,540,066 $4,540,066
$4,872 $4,872 $4,872 $4,544,938

Forest Management

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS 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

$3,181,270 $3,181,270
$552,000 $552,000 $627,500 $125,000 $125,000 $502,500 $502,500 $4,360,770

$3,181,270 $3,181,270
$552,000 $552,000 $627,500 $125,000 $125,000 $502,500 $502,500 $4,360,770

$3,181,270 $3,181,270
$552,000 $552,000 $627,500 $125,000 $125,000 $502,500 $502,500 $4,360,770

TUESDAY, APRIL 17, 2007

2997

161.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$24,912

$24,912

$24,912

161.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$54,745

$54,745

$54,745

161.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$132,769

$132,769

$132,769

161.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$49,023

$49,023

$49,023

161.5 Increase funds for operations.

State General Funds

$248,449

$248,449

$248,449

161.99 SAC: The purpose of this appropriation is to provide forestry inventory data, manage state-owned forests, provide technical assistance on forest health and water quality issues to forest landowners, administer federal forestry programs, assist communities with management of forested greenspace, market forestry products and provide technical assistance to the forestry industry. House: The purpose of this appropriation is to provide forestry inventory data, manage state-owned forests, provide technical assistance on forest health and water quality issues to forest landowners, administer federal forestry programs, assist communities with management of forested greenspace, market forestry products and provide technical assistance to the forestry industry. Governor: Provide forestry inventory data, manage state-owned forests, provide technical assistance on forest health and water quality issues to forest landowners, administer federal forestry programs, assist communities with management of forested greenspace, market forestry products and provide technical assistance to the forestry industry.

State General Funds

$0

$0

$0

161.0Forest Management

Appropriation (HB 95)

The purpose of this appropriation is to provide forestry inventory data, manage state-owned forests, provide technical assistance on forest health and water quality issues to forest landowners, administer federal forestry programs, assist communities with management of forested greenspace, market forestry products and provide technical assistance to the forestry industry.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized

$3,691,168 $3,691,168
$552,000 $552,000

$3,691,168 $3,691,168
$552,000 $552,000

$3,691,168 $3,691,168
$552,000 $552,000

2998

JOURNAL OF THE HOUSE

TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$627,500 $125,000 $125,000 $502,500 $502,500 $4,870,668

Forest Protection The purpose of this appropriation is to protect the public and forest resources.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS 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

$26,346,446 $26,346,446
$200,000 $200,000 $2,676,611
$13,000 $13,000 $2,663,611 $2,663,611 $29,223,057

$627,500 $125,000 $125,000 $502,500 $502,500 $4,870,668

$627,500 $125,000 $125,000 $502,500 $502,500 $4,870,668

Continuation Budget

$26,346,446 $26,346,446
$200,000 $200,000 $2,676,611
$13,000 $13,000 $2,663,611 $2,663,611 $29,223,057

$26,346,446 $26,346,446
$200,000 $200,000 $2,676,611
$13,000 $13,000 $2,663,611 $2,663,611 $29,223,057

162.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$258,364

$258,364

$258,364

162.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$306,563

$306,563

$306,563

162.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$743,493

$743,493

$743,493

162.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$354,768

$354,768

$354,768

162.5 Increase funds for ongoing equipment maintenance needs to ensure firefighter readiness.

State General Funds

$979,622

$979,622

$979,622

TUESDAY, APRIL 17, 2007

2999

162.6 Increase funds for crawlers, environmental cab kits and other equipment needs. (S:Move to bonds)

State General Funds

$500,000

$0

162.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to increase funds for operations.(G:YES)(H:YES)

State General Funds

$38,137

$38,137

$0

162.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($16,038) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($16,038)

162.99 SAC: The purpose of this appropriation is to protect the public and forest resources by detecting and suppressing forest fires, assisting landowners with fire prevention techniques, educating the public about the dangers of wildfires, and providing programs to support rural fire departments. House: The purpose of this appropriation is to protect the public and forest resources by detecting and suppressing forest fires, assisting landowners with fire prevention techniques, educating the public about the dangers of wildfires, and providing programs to support rural fire departments. Governor: Protect the public and forest resources by detecting and suppressing forest fires, assisting landowners with fire prevention techniques, educating the public about the dangers of wildfires, and providing programs to support rural fire departments.

State General Funds

$0

$0

$0

162.0Forest Protection

Appropriation (HB 95)

The purpose of this appropriation is to protect the public and forest resources by detecting and suppressing forest fires, assisting landowners with fire prevention techniques, educating the public about the dangers of wildfires, and providing programs to support rural fire departments.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized Sales and Services

$29,027,393 $29,027,393
$200,000 $200,000 $2,676,611
$13,000 $13,000 $2,663,611

$29,527,393 $29,527,393
$200,000 $200,000 $2,676,611
$13,000 $13,000 $2,663,611

$28,973,218 $28,973,218
$200,000 $200,000 $2,676,611
$13,000 $13,000 $2,663,611

3000

JOURNAL OF THE HOUSE

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$2,663,611 $31,904,004

$2,663,611 $32,404,004

$2,663,611 $31,849,829

Tree Improvement

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$118,659 $118,659 $118,659

$118,659 $118,659 $118,659

$118,659 $118,659 $118,659

163.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$615

$615

$615

163.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$606

$606

$606

163.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$1,469

$1,469

$1,469

163.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$645

$645

$645

163.99 SAC: The purpose of this appropriation is to provide Georgia's landowners with genetically superior seedlings to ensure increased volume and superior quality of trees grown. House: The purpose of this appropriation is to provide Georgia's landowners with genetically superior seedlings to ensure increased volume and superior quality of trees grown. Governor: Provide Georgia's landowners with genetically superior seedlings to ensure increased volume and superior quality of trees grown.

State General Funds

$0

$0

$0

163.0Tree Improvement

Appropriation (HB 95)

The purpose of this appropriation is to provide Georgia's landowners with genetically superior seedlings to ensure increased volume and superior quality of trees grown.

TUESDAY, APRIL 17, 2007

3001

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$121,994 $121,994 $121,994

$121,994 $121,994 $121,994

$121,994 $121,994 $121,994

Tree Seedling Nursery

Continuation Budget

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS 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

($224,113) ($224,113)
$70,000 $70,000 $1,501,500 $1,500 $1,500 $1,500,000 $1,500,000 $1,347,387

($224,113) ($224,113)
$70,000 $70,000 $1,501,500 $1,500 $1,500 $1,500,000 $1,500,000 $1,347,387

($224,113) ($224,113)
$70,000 $70,000 $1,501,500 $1,500 $1,500 $1,500,000 $1,500,000 $1,347,387

164.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$2,153

$2,153

$2,153

164.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$7,176

$7,176

$7,176

164.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$17,404

$17,404

$17,404

164.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$11,611

$11,611

$11,611

164.0Tree Seedling Nursery

Appropriation (HB 95)

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.

3002

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS 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

($185,769) ($185,769)
$70,000 $70,000 $1,501,500 $1,500 $1,500 $1,500,000 $1,500,000 $1,385,731

($185,769) ($185,769)
$70,000 $70,000 $1,501,500 $1,500 $1,500 $1,500,000 $1,500,000 $1,385,731

($185,769) ($185,769)
$70,000 $70,000 $1,501,500 $1,500 $1,500 $1,500,000 $1,500,000 $1,385,731

The above appropriations reflect annual debt service payments from the Herty Advanced Materials Development Center in an amount of $168,155 for year 16 of 20 years, last payment being made June 1, 2011.

Section 26: Governor, Office of the

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Sales and Services Sanctions, Fines, and Penalties
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

$41,076,593 $41,076,593 $5,552,103 $5,552,103
$738,220 $10,000
$560,531 $167,689 $147,325 $147,325 $47,514,241

$41,076,593 $41,076,593 $5,552,103 $5,552,103
$738,220 $10,000
$560,531 $167,689 $147,325 $147,325 $47,514,241

$41,076,593 $41,076,593 $5,552,103 $5,552,103
$738,220 $10,000
$560,531 $167,689 $147,325 $147,325 $47,514,241

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized

$46,974,117 $46,974,117 $5,552,103 $5,552,103

Section Total - Final

$45,129,009 $45,129,009 $5,552,103 $5,552,103

$46,716,383 $46,716,383 $5,552,103 $5,552,103

TUESDAY, APRIL 17, 2007

3003

TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Sales and Services Sanctions, Fines, and Penalties
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

$738,220 $10,000
$560,531 $167,689 $147,325 $147,325 $53,411,765

$738,220 $10,000
$560,531 $167,689 $147,325 $147,325 $51,566,657

$738,220 $10,000
$560,531 $167,689 $147,325 $147,325 $53,154,031

Governor's Emergency Fund

Continuation Budget

The purpose of this appropriation is to provide emergency funds to draw on when disasters create extraordinary demands on

government.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,469,576 $3,469,576 $3,469,576

$3,469,576 $3,469,576 $3,469,576

$3,469,576 $3,469,576 $3,469,576

165.0Governor's Emergency Fund

Appropriation (HB 95)

The purpose of this appropriation is to provide emergency funds to draw on when disasters create extraordinary demands on government.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,469,576 $3,469,576 $3,469,576

$3,469,576 $3,469,576 $3,469,576

$3,469,576 $3,469,576 $3,469,576

Governor's Office

Continuation Budget

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

per OCGA 45-7-4 shall be $40,000.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$5,244,359 $5,244,359 $5,244,359

$5,244,359 $5,244,359 $5,244,359

$5,244,359 $5,244,359 $5,244,359

166.1 Annualize the cost of the FY07 salary adjustment. State General Funds

$95,914

$95,914

$95,914

3004

JOURNAL OF THE HOUSE

166.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$61,759

$61,759

$61,759

166.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$180,603

$180,603

$180,603

166.4 Reduce one-time funds for the gubernatorial transition.

State General Funds

($50,000)

($50,000)

($50,000)

166.5 Increase funds for the Governor's Litigation Fund for known legal expenses of the executive branch agencies. [One-Time
Change]

State General Funds

$2,150,000

166.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($20,505) for the Governor's Intern Program. (G:YES)(H:YES)

State General Funds

$0

$0

($20,505)

166.97 Realize Georgia Technology Authority (GTA) savings ($8,802) through rate renegotiations to utilize funds for the Governor's Intern Program. (G:YES)(H:YES)

State General Funds

$0

$0

($8,802)

166.0Governor's Office

Appropriation (HB 95)

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 per OCGA 45-7-4 shall be $40,000.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$5,532,635 $5,532,635 $5,532,635

$5,532,635 $5,532,635 $5,532,635

$7,653,328 $7,653,328 $7,653,328

Arts, Georgia Council for the

Continuation Budget

The purpose of this appropriation is to provide general operation support and project support grants for art organizations.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized

$3,980,960 $3,980,960
$659,400 $659,400

$3,980,960 $3,980,960
$659,400 $659,400

$3,980,960 $3,980,960
$659,400 $659,400

TUESDAY, APRIL 17, 2007

3005

TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS

$10,000 $10,000 $10,000 $4,650,360

$10,000 $10,000 $10,000 $4,650,360

$10,000 $10,000 $10,000 $4,650,360

167.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$1,773

$1,773

$1,773

167.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$7,350

$7,350

$7,350

167.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$22,265

$22,265

$22,265

167.4 Reduce one-time funds received in HB1027 (FY07) for a federally mandated strategic plan.

State General Funds

($73,400)

($73,400)

($73,400)

167.5 Increase funds to create the Georgia Arts Alliance Trust fund for HB291 (2007 Session).

State General Funds

$200,000

$0

$0

167.6 Increase funds for the Grassroots Arts Program.

State General Funds

$250,000

167.0Arts, Georgia Council for the

Appropriation (HB 95)

The purpose of this appropriation is to provide general operation support and project support grants for art organizations.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS

$4,138,948 $4,138,948
$659,400 $659,400
$10,000 $10,000 $10,000 $4,808,348

$3,938,948 $3,938,948
$659,400 $659,400
$10,000 $10,000 $10,000 $4,608,348

$4,188,948 $4,188,948
$659,400 $659,400
$10,000 $10,000 $10,000 $4,858,348

Child Advocate, Office of the

Continuation Budget

3006

JOURNAL OF THE HOUSE

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 State General Funds
TOTAL PUBLIC FUNDS

$743,198 $743,198 $743,198

$743,198 $743,198 $743,198

$743,198 $743,198 $743,198

168.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$6,245

$6,245

$6,245

168.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$9,534

$9,534

$9,534

168.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$24,942

$24,942

$24,942

168.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($684) for electronic document software. (G:YES)(H:YES)

State General Funds

$0

$0

($684)

168.0Child Advocate, Office of the

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$783,919 $783,919 $783,919

$783,919 $783,919 $783,919

$783,235 $783,235 $783,235

Consumer Affairs, Governor's Office of

Continuation Budget

The purpose of this appropriation is 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 STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services

$6,448,274 $6,448,274
$567,689 $400,000

$6,448,274 $6,448,274
$567,689 $400,000

$6,448,274 $6,448,274
$567,689 $400,000

TUESDAY, APRIL 17, 2007

3007

Sales and Services Not Itemized Sanctions, Fines, and Penalties
Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS

$400,000 $167,689 $167,689 $7,015,963

$400,000 $167,689 $167,689 $7,015,963

$400,000 $167,689 $167,689 $7,015,963

169.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$30,239

$30,239

$30,239

169.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$72,829

$72,829

$72,829

169.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$216,847

$216,847

$216,847

169.4 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$12,896

$12,896

$12,896

169.5 Increase funds to continue the customer service initiative including funds for additional staff. (H:Provide funds to continue the customer service initiative)(S:Fund additional staff)

State General Funds

$2,742,986

$1,500,000

$1,371,493

169.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($5,974) for the continuation of the customer service initiative including funds for additional staff. (G:YES)(H:YES)

State General Funds

$0

$0

($5,974)

169.0Consumer Affairs, Governor's Office of

Appropriation (HB 95)

The purpose of this appropriation is 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 STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties

$9,524,071 $9,524,071
$567,689 $400,000 $400,000 $167,689

$8,281,085 $8,281,085
$567,689 $400,000 $400,000 $167,689

$8,146,604 $8,146,604
$567,689 $400,000 $400,000 $167,689

3008

JOURNAL OF THE HOUSE

Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS

$167,689 $10,091,760

$167,689 $8,848,774

$167,689 $8,714,293

Emergency Management Agency, Georgia

Continuation Budget

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 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 State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$2,112,817 $2,112,817 $4,127,556 $4,127,556
$160,531 $160,531 $160,531 $147,325 $147,325 $147,325 $6,548,229

$2,112,817 $2,112,817 $4,127,556 $4,127,556
$160,531 $160,531 $160,531 $147,325 $147,325 $147,325 $6,548,229

$2,112,817 $2,112,817 $4,127,556 $4,127,556
$160,531 $160,531 $160,531 $147,325 $147,325 $147,325 $6,548,229

170.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$14,547

$14,547

$14,547

170.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$20,031

$20,031

$20,031

170.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$170,479

$170,479

$170,479

170.4 Increase funds for a computer software engineer position to upgrade internal systems and support the emergency operations center.

State General Funds

$64,246

$64,246

$64,246

170.5 Increase funds for an uninterruptible power supply for the State Operations Center. [One-Time Change]

State General Funds

$125,000

TUESDAY, APRIL 17, 2007

3009

170.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize state funds ($6,975) and agency funds ($14,822) to replace outdated computers. (G:YES)(H:YES)

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$0

$0

($6,975)

$0

$0

$0

$0

$0

($6,975)

170.0Emergency Management Agency, Georgia

Appropriation (HB 95)

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 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 State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$2,382,120 $2,382,120 $4,127,556 $4,127,556
$160,531 $160,531 $160,531 $147,325 $147,325 $147,325 $6,817,532

$2,382,120 $2,382,120 $4,127,556 $4,127,556
$160,531 $160,531 $160,531 $147,325 $147,325 $147,325 $6,817,532

$2,500,145 $2,500,145 $4,127,556 $4,127,556
$160,531 $160,531 $160,531 $147,325 $147,325 $147,325 $6,935,557

Equal Opportunity, Georgia Commission on

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$662,395 $662,395 $387,217 $387,217 $1,049,612

$662,395 $662,395 $387,217 $387,217 $1,049,612

$662,395 $662,395 $387,217 $387,217 $1,049,612

171.1 Annualize the cost of the FY07 salary adjustment. State General Funds

$5,645

$5,645

$5,645

3010

JOURNAL OF THE HOUSE

171.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$8,384

$8,384

$8,384

171.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$34,646

$34,646

$34,646

171.4 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$4,658

$4,658

$4,658

171.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize state funds ($1,379) and agency funds ($810) for operations. (G:YES)(H:YES)

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$0

$0

($1,379)

$0

$0

$0

$0

$0

($1,379)

171.0Equal Opportunity, Georgia Commission on

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$715,728 $715,728 $387,217 $387,217 $1,102,945

$715,728 $715,728 $387,217 $387,217 $1,102,945

$714,349 $714,349 $387,217 $387,217 $1,101,566

Office of Homeland Security

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$505,669 $505,669 $505,669

$505,669 $505,669 $505,669

$505,669 $505,669 $505,669

172.1 Annualize the cost of the FY07 salary adjustment. State General Funds

$5,015

$5,015

$5,015

TUESDAY, APRIL 17, 2007

3011

172.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$6,874

$6,874

$6,874

172.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$17,292

$17,292

$17,292

172.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($46) for operations. (G:YES)(H:YES)(S:YES)

State General Funds

$0

$0

$0

172.0Office of Homeland Security

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$534,850 $534,850 $534,850

$534,850 $534,850 $534,850

$534,850 $534,850 $534,850

Office of the State Inspector General

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$830,636 $830,636 $830,636

$830,636 $830,636 $830,636

$830,636 $830,636 $830,636

173.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$5,364

$5,364

$5,364

173.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$7,719

$7,719

$7,719

173.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$20,388

$20,388

$20,388

3012

JOURNAL OF THE HOUSE

173.4 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$1,533

$1,533

$1,533

173.5 Reduce one-time contract funds for the development of a prevention training program for state officials and employees.

State General Funds

($31,650)

($31,650)

($31,650)

173.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($456) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($456)

173.0Office of the State Inspector General

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$833,990 $833,990 $833,990

$833,990 $833,990 $833,990

$833,534 $833,534 $833,534

Professional Standards Commission, Georgia

Continuation Budget

The purpose of this appropriation is to direct the preparation, certification, professional discipline and recruitment of educators in

Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$6,854,491 $6,854,491
$111,930 $111,930 $6,966,421

$6,854,491 $6,854,491
$111,930 $111,930 $6,966,421

$6,854,491 $6,854,491
$111,930 $111,930 $6,966,421

174.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$45,224

$45,224

$45,224

174.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$83,855

$83,855

$83,855

174.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$183,240

$183,240

$183,240

TUESDAY, APRIL 17, 2007

3013

174.4 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$14,028

$14,028

$14,028

174.5 Transfer funds and activities to the Office of Student Achievement for assistance with the processing and analyzing of Master Teacher applications.

State General Funds

($36,761)

($36,761)

($36,761)

174.6 Utilize existing funds to add two teacher recruitment positions and related expenses to work with school systems to fill teacher vacancies in high need areas in North and South Georgia. (G:YES)(H:YES)(S:Approval not required by the General Assembly)

State General Funds

$0

$0

$0

174.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($1,186) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($1,186)

174.0Professional Standards Commission, Georgia

Appropriation (HB 95)

The purpose of this appropriation is to direct the preparation, certification, professional discipline and recruitment of educators in Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$7,144,077 $7,144,077
$111,930 $111,930 $7,256,007

$7,144,077 $7,144,077
$111,930 $111,930 $7,256,007

$7,142,891 $7,142,891
$111,930 $111,930 $7,254,821

Student Achievement, Office of

Continuation Budget

The purpose of this appropriation is to improve student achievement and school completion in Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$1,163,376 $1,163,376
$266,000 $266,000 $1,429,376

$1,163,376 $1,163,376
$266,000 $266,000 $1,429,376

$1,163,376 $1,163,376
$266,000 $266,000 $1,429,376

175.1 Annualize the cost of the FY07 salary adjustment.

3014

JOURNAL OF THE HOUSE

State General Funds

$8,006

$8,006

$8,006

175.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$18,828

$18,828

$18,828

175.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$47,901

$47,901

$47,901

175.4 Transfer funds and activities from the Professional Standards Commission for assistance with the processing and analyzing of Master Teacher applications.

State General Funds

$36,761

$36,761

$36,761

175.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($684) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($684)

175.0Student Achievement, Office of

Appropriation (HB 95)

The purpose of this appropriation is to improve student achievement and school completion in Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$1,274,872 $1,274,872
$266,000 $266,000 $1,540,872

$1,274,872 $1,274,872
$266,000 $266,000 $1,540,872

$1,274,188 $1,274,188
$266,000 $266,000 $1,540,188

Planning and Budget, Governor's Office of

Continuation Budget

The purpose of this appropriation is to supply budgeting and policy management assistance to the Governor in determining strategic

and tactical plans for state agencies.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$9,060,842 $9,060,842 $9,060,842

$9,060,842 $9,060,842 $9,060,842

$9,060,842 $9,060,842 $9,060,842

176.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$57,169

$57,169

$57,169

176.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

TUESDAY, APRIL 17, 2007

3015

State General Funds

$89,482

$89,482

$89,482

176.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$246,082

$246,082

$246,082

176.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$1,161,113

$758,991

$116,334

176.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$24,643

$24,643

$24,643

176.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($112,611) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($112,611)

176.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($7,206) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($7,206)

176.0Planning and Budget, Governor's Office of

Appropriation (HB 95)

The purpose of this appropriation is to supply budgeting and policy management assistance to the Governor in determining strategic and tactical plans for state agencies.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$10,639,331 $10,639,331 $10,639,331

$10,237,209 $10,237,209 $10,237,209

$9,474,735 $9,474,735 $9,474,735

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.

Section 27: Human Resources, Department of

Section Total - Continuation

TOTAL STATE FUNDS Brain and Spinal Injury Trust Fund State General Funds

$1,423,526,488 $1,423,526,488 $1,423,526,488

$3,007,691

$3,007,691

$3,007,691

$1,391,950,658 $1,391,950,658 $1,391,950,658

3016

JOURNAL OF THE HOUSE

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 Grant CFDA93.959 Preventive Health & Health Services Block Grant CFDA93.991 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families TANF Unobligated Balance per 42 USC 604 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS Brain and Spinal Injury Trust Fund State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS

$28,568,139 $1,451,655,095
$55,335,941 $92,809,079 $12,840,422 $17,189,252 $391,419,826 $95,192,741 $18,970,241 $17,348,033 $146,706,110 $50,960,435 $4,203,961 $50,566,792 $357,317,389 $140,794,873 $209,108,223 $20,000,022
$2 $6 $2,916 $2,240,293 $186,864,984 $6,030,545 $6,030,545 $3,090,320,351

$28,568,139 $1,451,655,095
$55,335,941 $92,809,079 $12,840,422 $17,189,252 $391,419,826 $95,192,741 $18,970,241 $17,348,033 $146,706,110 $50,960,435 $4,203,961 $50,566,792 $357,317,389 $140,794,873 $209,108,223 $20,000,022
$2 $6 $2,916 $2,240,293 $186,864,984 $6,030,545 $6,030,545 $3,090,320,351

$28,568,139 $1,451,655,095
$55,335,941 $92,809,079 $12,840,422 $17,189,252 $391,419,826 $95,192,741 $18,970,241 $17,348,033 $146,706,110 $50,960,435 $4,203,961 $50,566,792 $357,317,389 $140,794,873 $209,108,223 $20,000,022
$2 $6 $2,916 $2,240,293 $186,864,984 $6,030,545 $6,030,545 $3,090,320,351

Section Total - Final

$1,578,820,408 $3,063,194
$1,548,997,661 $26,759,553
$1,496,711,683

$1,576,652,388 $3,063,194
$1,546,829,641 $26,759,553
$1,505,160,683

$1,560,047,579 $3,063,194
$1,529,924,832 $27,059,553
$1,423,017,280

TUESDAY, APRIL 17, 2007

3017

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 Grant CFDA93.959 Preventive Health & Health Services Block Grant CFDA93.991 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families TANF Unobligated Balance per 42 USC 604 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Intergovernmental Transfers Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS

$55,335,941 $92,809,079 $12,840,422 $17,189,252 $391,419,826 $94,992,741 $18,970,241 $17,348,033 $216,162,698 $50,960,435 $4,203,961 $50,566,792 $333,117,389 $140,794,873 $158,061,749 $20,000,012
$5 $2,916 $2,240,293 $135,818,523 $6,030,544 $6,030,544 $3,239,624,384

$55,335,941 $92,809,079 $12,840,422 $17,189,252 $391,419,826 $94,992,741 $18,970,241 $17,348,033 $216,162,698 $50,960,435 $4,203,961 $50,566,792 $341,566,389 $140,794,873 $158,061,749 $20,000,012
$5 $2,916 $2,240,293 $135,818,523 $6,030,544 $6,030,544 $3,245,905,364

$55,335,941 $92,809,079 $12,840,422 $17,189,252 $336,679,398 $107,474,835 $18,970,241 $17,348,033 $217,325,770 $50,960,435 $4,203,961 $50,566,792 $368,024,967 $73,288,154 $186,603,249 $46,000,012
$5 $2,916 $2,240,293 $138,360,023 $6,030,544 $6,030,544 $3,175,698,652

Adolescent and Adult Health Promotion

Continuation Budget

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.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994

$18,266,879 $13,391,891 $4,874,988 $28,078,087 $6,326,755 $1,087,109

$18,266,879 $13,391,891 $4,874,988 $28,078,087 $6,326,755 $1,087,109

$18,266,879 $13,391,891 $4,874,988 $28,078,087 $6,326,755 $1,087,109

3018

JOURNAL OF THE HOUSE

Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 Temporary Assistance for Needy Families
Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS
Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS

$25,632 $41,694 $20,596,897 $20,596,897
$3 $3 $3 $46,344,969

$25,632 $41,694 $20,596,897 $20,596,897
$3 $3 $3 $46,344,969

$25,632 $41,694 $20,596,897 $20,596,897
$3 $3 $3 $46,344,969

177.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$251,378

$251,378

$251,378

177.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$429,173

$429,173

$429,173

177.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$1,236,654

$1,236,654

$1,236,654

177.4 Reduce funds from behavioral healthcare due to declining caseloads (reflects the Governor's TANF plan on page 200 of the Governor's Budget Report).

Temporary Assistance for Needy Families Grant CFDA93.558

($1,500,000) ($1,500,000) ($1,500,000)

177.5 Increase funds for the Diabetes Care Coalition's diabetes awareness campaign.

State General Funds

$200,000

$100,000

177.6 Utilize existing tobacco settlement funds to match Centers for Disease Control and Prevention (CDC) dollars and to augment tobacco use prevention efforts on middle school and high school campuses through Tobacco Use Prevention activities. (H:YES)(S:NO)

Tobacco Settlement Funds

$0

$0

177.7 Increase funds for Safe House Outreach Mentoring Program for mentoring children whose parents are incarcerated.

State General Funds

$40,000

$0

177.8 Increase funds to raise nurse salaries to 85% of the market as identified in the Georgia Merit System Compensation and Benefits Study.

TUESDAY, APRIL 17, 2007

3019

State General Funds

$190,145

177.98 Transfer all funds and activities from the Adolescent and Adult Health Promotion, Infant and Child Health Promotion, Injury Prevention, and Substance Abuse Prevention programs to create a new Prevention and Health Promotion program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

177.0Adolescent and Adult Health Promotion

Appropriation (HB 95)

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.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS

$20,184,084 $15,309,096 $4,874,988 $26,578,087 $6,326,755 $1,087,109
$25,632 $41,694 $19,096,897 $19,096,897
$3 $3 $3 $46,762,174

$20,424,084 $15,549,096 $4,874,988 $26,578,087 $6,326,755 $1,087,109
$25,632 $41,694 $19,096,897 $19,096,897
$3 $3 $3 $47,002,174

$20,474,229 $15,599,241 $4,874,988 $26,578,087 $6,326,755 $1,087,109
$25,632 $41,694 $19,096,897 $19,096,897
$3 $3 $3 $47,052,319

Adoptions Services

Continuation Budget

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families

$32,954,192 $32,954,192 $36,632,278 $24,632,278 $12,000,000

$32,954,192 $32,954,192 $36,632,278 $24,632,278 $12,000,000

$32,954,192 $32,954,192 $36,632,278 $24,632,278 $12,000,000

3020

JOURNAL OF THE HOUSE

Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS
Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS

$12,000,000 $1 $1 $1
$69,586,471

$12,000,000 $1 $1 $1
$69,586,471

$12,000,000 $1 $1 $1
$69,586,471

178.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$24,274

$24,274

$24,274

178.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$41,444

$41,444

$41,444

178.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$119,416

$119,416

$119,416

178.4 Reduce funds.

Contributions, Donations, and Forfeitures Not Itemized

($1)

($1)

($1)

178.0Adoptions Services

Appropriation (HB 95)

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS

$33,139,326 $33,139,326 $36,632,278 $24,632,278 $12,000,000 $12,000,000 $69,771,604

$33,139,326 $33,139,326 $36,632,278 $24,632,278 $12,000,000 $12,000,000 $69,771,604

$33,139,326 $33,139,326 $36,632,278 $24,632,278 $12,000,000 $12,000,000 $69,771,604

Adult Addictive Diseases Services

Continuation Budget

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.

TUESDAY, APRIL 17, 2007

3021

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Prevention & Treatment of Substance Abuse Grant CFDA93.959 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$44,076,101 $44,076,101 $26,315,437
$1 $26,315,435
$1 $1 $7 $2 $2 $1 $1 $4 $4 $70,391,545

$44,076,101 $44,076,101 $26,315,437
$1 $26,315,435
$1 $1 $7 $2 $2 $1 $1 $4 $4 $70,391,545

$44,076,101 $44,076,101 $26,315,437
$1 $26,315,435
$1 $1 $7 $2 $2 $1 $1 $4 $4 $70,391,545

179.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$546,160

$546,160

$546,160

179.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$932,456

$932,456

$932,456

179.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$2,686,834

$2,686,834

$2,686,834

179.4 Utilize existing funds to implement a secret shopper initiative to provide for increased customer service and accessibility. (G:YES)(H:YES)(S:Utilize savings to fund SR363 (2007 Session) "Mental Health Service Delivery Commission Creation")

State General Funds

$0

$0

($11,111)

179.98 Transfer all funds and activities from the Adult Addictive Diseases, Adult Developmental Disabilities Services, Adult Forensic Services, Adult Nursing Home Services and Adult Mental Health Services programs to create a new Adult Services program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

3022

JOURNAL OF THE HOUSE

179.0Adult Addictive Diseases Services

Appropriation (HB 95)

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Prevention & Treatment of Substance Abuse Grant CFDA93.959 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$48,241,551 $48,241,551 $26,315,437
$1 $26,315,435
$1 $1 $7 $2 $2 $1 $1 $4 $4 $74,556,995

$48,241,551 $48,241,551 $26,315,437
$1 $26,315,435
$1 $1 $7 $2 $2 $1 $1 $4 $4 $74,556,995

$48,230,440 $48,230,440 $26,315,437
$1 $26,315,435
$1 $1 $7 $2 $2 $1 $1 $4 $4 $74,545,884

Adult Developmental Disabilities Services

Continuation Budget

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 State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TANF Unobligated Balance per 42 USC 604
TOTAL AGENCY FUNDS

$184,511,949 $174,256,811 $10,255,138 $92,136,871
$161,870 $34,322,146 $30,636,459 $27,016,394 $27,016,394
$2 $53,767,742

$184,511,949 $174,256,811 $10,255,138 $92,136,871
$161,870 $34,322,146 $30,636,459 $27,016,394 $27,016,394
$2 $53,767,742

$184,511,949 $174,256,811 $10,255,138 $92,136,871
$161,870 $34,322,146 $30,636,459 $27,016,394 $27,016,394
$2 $53,767,742

TUESDAY, APRIL 17, 2007

3023

Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$53,767,742 $53,767,742 $330,416,562

$53,767,742 $53,767,742 $330,416,562

$53,767,742 $53,767,742 $330,416,562

180.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$1,483,980

$1,483,980

$1,483,980

180.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$7,536,402

$7,536,402

$7,536,402

180.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$7,300,443

$7,300,443

$7,300,443

180.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$3,933,202

$3,933,202

$3,933,202

180.5 Increase funds to annualize the cost of the 1,500 Mental Retardation Waiver Program slots added in HB1027 (FY07). (S:Reflect original department projections)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$7,896,183 $12,211,186 $20,107,369

$7,896,183 $12,211,186 $20,107,369

$7,061,537 $10,920,434 $17,981,971

180.6 Reduce funds from behavioral healthcare due to declining caseloads (reflects the Governor's TANF plan on page 200 of the Governor's Budget Report).

Temporary Assistance for Needy Families Grant CFDA93.558

($4,000,000) ($4,000,000) ($4,000,000)

180.7 Reduce funds from state hospitals ($802,733 State, $2,110,049 Total) and utilize savings to fund 170 Mental Retardation Waiver Program slots. (G:YES)(H:YES)(S:Utilize savings to fund 180.8 and 187.6)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$0

$0

$0

$0

$0

$0

$0

$0

$0

180.8 Increase funds to provide for an additional 1,330 slots in the Mental Retardation Waiver Program (MRWP). (S: Increase funds for a net increase of 1,546 unduplicated recipients)

3024

JOURNAL OF THE HOUSE

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$9,494,160 $12,127,571 $21,621,731

$9,494,160 $12,127,571 $21,621,731

$9,494,160 $12,127,571 $21,621,731

180.9 Utilize existing funds to implement a secret shopper initiative to provide for increased customer service and accessibility. (G:YES)(H:YES)(S:Utilize savings to fund SR363 (2007 Session) "Mental Health Service Delivery Commission Creation")

State General Funds

$0

$0

($11,111)

180.10 Reduce one-time funds for Rockdale Cares.

State General Funds

($25,000)

180.11 Increase funds for Georgia Options Inc. [One-Time Change] Sites: Barrow County, Clarke County, Elbert County, Greene County, Jackson
County, Madison County, Morgan County, Oconee County, Oglethorpe County, Walton County

State General Funds

$100,000

180.12 Increase funds to raise nurse salaries to 85% of the market as identified in the Georgia Merit System Compensation and Benefits Study.

State General Funds

$94,017

180.13 Replace funds to reflect changes in the Federal Financial Participation (FFP) rate for Medicaid.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($607,527) $607,527
$0

180.98 Transfer all funds and activities from the Adult Addictive Diseases, Adult Developmental Disabilities Services, Adult Forensic Services, Adult Nursing Home Services and Adult Mental Health Services programs to create a new Adult Services program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

180.0Adult Developmental Disabilities Services

Appropriation (HB 95)

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 State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized

$222,156,319 $211,901,181 $10,255,138 $112,475,628
$161,870

$222,156,319 $211,901,181 $10,255,138 $112,475,628
$161,870

$220,872,052 $210,616,914 $10,255,138 $111,792,403
$161,870

TUESDAY, APRIL 17, 2007

3025

Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families
Temporary Assistance for Needy Families Grant CFDA93.558 TANF Unobligated Balance per 42 USC 604 TOTAL AGENCY FUNDS Sales and Services
Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$58,660,903 $30,636,459 $23,016,394 $23,016,394
$2 $53,767,742 $53,767,742 $53,767,742 $388,399,689

$58,660,903 $30,636,459 $23,016,394 $23,016,394
$2 $53,767,742 $53,767,742 $53,767,742 $388,399,689

$57,977,678 $30,636,459 $23,016,394 $23,016,394
$2 $53,767,742 $53,767,742 $53,767,742 $386,432,197

Adult Essential Health Treatment Services

Continuation Budget

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.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991
TOTAL PUBLIC FUNDS

$9,968,502 $4,968,502 $5,000,000 $1,334,612
$123,734 $1
$1,210,877 $11,303,114

$9,968,502 $4,968,502 $5,000,000 $1,334,612
$123,734 $1
$1,210,877 $11,303,114

$9,968,502 $4,968,502 $5,000,000 $1,334,612
$123,734 $1
$1,210,877 $11,303,114

181.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$36,362

$36,362

$36,362

181.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$62,079

$62,079

$62,079

181.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$178,882

$178,882

$178,882

181.4 Increase funds to purchase factor concentrate for people with hemophilia who lack Medicaid, Medicare or other health insurance.

3026

JOURNAL OF THE HOUSE

State General Funds

$450,000

$450,000

181.5 Increase funds to raise nurse salaries to 85% of the market as identified in the Georgia Merit System Compensation and Benefits Study.

State General Funds

$6,973

181.98 Transfer all funds and activities from the Adolescent and Adult Essential Health Treatment Services and the Infant and Child Essential Health Treatment Services programs to create a new Essential Health Treatment Services program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

181.0Adult Essential Health Treatment Services

Appropriation (HB 95)

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.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991
TOTAL PUBLIC FUNDS

$10,245,825 $5,245,825 $5,000,000 $1,334,612
$123,734 $1
$1,210,877 $11,580,437

$10,695,825 $5,695,825 $5,000,000 $1,334,612
$123,734 $1
$1,210,877 $12,030,437

$10,702,798 $5,702,798 $5,000,000 $1,334,612
$123,734 $1
$1,210,877 $12,037,410

Adult Forensic Services

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$25,870,841 $25,870,841 $1,115,408 $1,115,408
$4 $4 $4 $26,986,253

$25,870,841 $25,870,841 $1,115,408 $1,115,408
$4 $4 $4 $26,986,253

$25,870,841 $25,870,841 $1,115,408 $1,115,408
$4 $4 $4 $26,986,253

TUESDAY, APRIL 17, 2007

3027

182.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$644,700

$644,700

$644,700

182.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$1,100,696

$1,100,696

$1,100,696

182.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$3,171,604

$3,171,604

$3,171,604

182.4 Increase funds for five additional forensic evaluators. (H and S:Increase funds for forensic evaluators)

State General Funds

$526,385

$250,000

$250,000

182.5 Increase funds for eighty-three additional secure forensic beds at various state hospitals.
Sites: East Central Regional Hospital, Georgia Regional Hospital - Atlanta, Northwest Georgia Regional Hospital

State General Funds

$7,200,000

$7,200,000

$7,200,000

182.6 Utilize existing funds to implement a secret shopper initiative to provide for increased customer service and accessibility. (G:YES)(H:YES)(S:Utilize savings to fund SR363 (2007 Session) "Mental Health Service Delivery Commission Creation")

State General Funds

$0

$0

($11,111)

182.7 Increase funds for a telemedicine pilot to assess forensic consumers.
Sites: Bibb County, Gordon County, Hall County

[One-Time Change]

State General Funds

$95,040

$95,040

$95,040

182.8 Increase funds to raise nurse salaries to 85% of the market as identified in the Georgia Merit System Compensation and Benefits Study.

State General Funds

$41,222

182.98 Transfer all funds and activities from the Adult Addictive Diseases, Adult Developmental Disabilities Services, Adult Forensic Services, Adult Nursing Home Services and Adult Mental Health Services programs to create a new Adult Services program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

182.0Adult Forensic Services

Appropriation (HB 95)

3028

JOURNAL OF THE 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.

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

$38,609,266 $38,609,266 $1,115,408 $1,115,408
$4 $4 $4 $39,724,678

$38,332,881 $38,332,881 $1,115,408 $1,115,408
$4 $4 $4 $39,448,293

$38,362,992 $38,362,992 $1,115,408 $1,115,408
$4 $4 $4 $39,478,404

Adult Mental Health Services

Continuation Budget

The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to adults with

mental illness.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Community Mental Health Services Block Grant CFDA93.958 Federal Funds Not Itemized Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$162,284,971 $162,284,971 $12,427,929
$7,474,598 $4,244,331
$709,000 $2,935,704 $2,935,704 $2,935,704 $177,648,604

$162,284,971 $162,284,971 $12,427,929
$7,474,598 $4,244,331
$709,000 $2,935,704 $2,935,704 $2,935,704 $177,648,604

$162,284,971 $162,284,971 $12,427,929
$7,474,598 $4,244,331
$709,000 $2,935,704 $2,935,704 $2,935,704 $177,648,604

183.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$1,973,326

$1,973,326

$1,973,326

183.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$3,369,051

$3,369,051

$3,369,051

183.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

TUESDAY, APRIL 17, 2007

3029

State General Funds

$9,707,779

$9,707,779

$9,707,779

183.4 Eliminate one-time funds received in HB1027 (FY07) for the Savannah Area Behavioral Health Collaborative.

State General Funds

($250,000)

($250,000)

($250,000)

183.5 Utilize existing funds to implement a secret shopper initiative to provide for increased customer service and accessibility. (G:YES)(H:YES)(S:Utilize savings to fund SR363 (2007 Session) "Mental Health Service Delivery Commission Creation")

State General Funds

$0

$0

($11,111)

183.6 Increase funds to raise nurse salaries to 85% of the market as identified in the Georgia Merit System Compensation and Benefits Study.

State General Funds

$88,017

183.98 Transfer all funds and activities from the Adult Addictive Diseases, Adult Developmental Disabilities Services, Adult Forensic Services, Adult Nursing Home Services and Adult Mental Health Services programs to create a new Adult Services program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

183.0Adult Mental Health Services

Appropriation (HB 95)

The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to adults with mental illness.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Community Mental Health Services Block Grant CFDA93.958 Federal Funds Not Itemized Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$177,085,127 $177,085,127 $12,427,929
$7,474,598 $4,244,331
$709,000 $2,935,704 $2,935,704 $2,935,704 $192,448,760

$177,085,127 $177,085,127 $12,427,929
$7,474,598 $4,244,331
$709,000 $2,935,704 $2,935,704 $2,935,704 $192,448,760

$177,162,033 $177,162,033 $12,427,929
$7,474,598 $4,244,331
$709,000 $2,935,704 $2,935,704 $2,935,704 $192,525,666

Adult Nursing Home Services

Continuation Budget

The purpose of this appropriation is to provide skilled nursing home services to Georgian's with mental retardation or developmental

disabilities.

3030

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$2,352,451 $2,352,451
$14,553 $14,551
$1 $1 $1,547,242 $1,547,242 $1,547,242 $3,914,246

$2,352,451 $2,352,451
$14,553 $14,551
$1 $1 $1,547,242 $1,547,242 $1,547,242 $3,914,246

$2,352,451 $2,352,451
$14,553 $14,551
$1 $1 $1,547,242 $1,547,242 $1,547,242 $3,914,246

184.1 Utilize existing funds to implement a secret shopper initiative to provide for increased customer service and accessibility. (G:YES)(H:YES)(S:Utilize savings to fund SR363 (2007 Session) "Mental Health Service Delivery Commission Creation")

State General Funds

$0

$0

($11,111)

184.2 Increase funds to raise nurse salaries to 85% of the market as identified in the Georgia Merit System Compensation and Benefits Study.

State General Funds

$41,843

184.98 Transfer all funds and activities from the Adult Addictive Diseases, Adult Developmental Disabilities Services, Adult Forensic Services, Adult Nursing Home Services and Adult Mental Health Services programs to create a new Adult Services program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

184.0Adult Nursing Home Services

Appropriation (HB 95)

The purpose of this appropriation is to provide skilled nursing home services to Georgian's with mental retardation or developmental disabilities.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667
TOTAL AGENCY FUNDS

$2,352,451 $2,352,451
$14,553 $14,551
$1 $1 $1,547,242

$2,352,451 $2,352,451
$14,553 $14,551
$1 $1 $1,547,242

$2,383,183 $2,383,183
$14,553 $14,551
$1 $1 $1,547,242

TUESDAY, APRIL 17, 2007

3031

Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,547,242 $1,547,242 $3,914,246

$1,547,242 $1,547,242 $3,914,246

$1,547,242 $1,547,242 $3,944,978

After School Care

Continuation Budget

The purpose of this appropriation is to expand the provision of after school care services and draw down TANF maintenance of effort

funds.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures TANF Maintenance-of-Effort from External Sources
TOTAL PUBLIC FUNDS

$3,000,000 $3,000,000 $11,000,000 $11,000,000 $11,000,000 $20,000,000 $20,000,000 $20,000,000 $34,000,000

$3,000,000 $3,000,000 $11,000,000 $11,000,000 $11,000,000 $20,000,000 $20,000,000 $20,000,000 $34,000,000

$3,000,000 $3,000,000 $11,000,000 $11,000,000 $11,000,000 $20,000,000 $20,000,000 $20,000,000 $34,000,000

185.1 Replace funds and legislative intent is that for every dollar spent on afterschool programs, two dollars will be collected to count for Maintenance of Effort (MOE).

State General Funds Temporary Assistance for Needy Families Grant CFDA93.558 TANF Maintenance-of-Effort from External Sources TOTAL PUBLIC FUNDS

($3,000,000) $3,000,000 $8,000,000 $8,000,000

185.98 Transfer all funds and activities from the After School Care, Child Care Services, Eligibility Determination, Energy Assistance, Food Stamp Eligibility and Benefits, Refugee Assistance, Support for Needy Families-Basic Assistance, Support for Needy Families-Work Assistance, and Support for Needy Families-Family Assistance programs to create a new Economic Assistance program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

185.99 SAC: The purpose of this appropriation is to expand the provision of after school care services and earn a 1:2 matching rate for contributed Maintenance of Effort (MOE) funds.

Temporary Assistance for Needy Families Grant CFDA93.558

$0

3032

JOURNAL OF THE HOUSE

185.0After School Care

Appropriation (HB 95)

The purpose of this appropriation is to expand the provision of after school care services and earn a 1:2 matching rate for contributed Maintenance of Effort (MOE) funds.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures TANF Maintenance-of-Effort from External Sources
TOTAL PUBLIC FUNDS

$3,000,000 $3,000,000 $11,000,000 $11,000,000 $11,000,000 $20,000,000 $20,000,000 $20,000,000 $34,000,000

$3,000,000 $3,000,000 $11,000,000 $11,000,000 $11,000,000 $20,000,000 $20,000,000 $20,000,000 $34,000,000

$14,000,000 $14,000,000 $14,000,000 $28,000,000 $28,000,000 $28,000,000 $42,000,000

Child and Adolescent Addictive Diseases Services

Continuation Budget

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Grant CFDA93.959 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$9,610,739 $9,610,739 $16,939,372 $2,486,458
$1 $14,452,912
$1 $1 $3 $3 $3 $26,550,114

$9,610,739 $9,610,739 $16,939,372 $2,486,458
$1 $14,452,912
$1 $1 $3 $3 $3 $26,550,114

$9,610,739 $9,610,739 $16,939,372 $2,486,458
$1 $14,452,912
$1 $1 $3 $3 $3 $26,550,114

186.1 Annualize the cost of the FY07 salary adjustment. State General Funds

$165,228

$165,228

$165,228

TUESDAY, APRIL 17, 2007

3033

186.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$282,092

$282,092

$282,092

186.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$812,839

$812,839

$812,839

186.4 Utilize existing funds to implement a secret shopper initiative to provide for increased customer service and accessibility. (G:YES)(H:YES)(S:Utilize savings to fund SR363 (2007 Session) "Mental Health Service Delivery Commission Creation")

State General Funds

$0

$0

($11,111)

186.98 Transfer all funds and activities from the Child and Adolescent Addictive Diseases, Child and Adolescent Developmental Disabilities Services, Child and Adolescent Forensic Services and Child and Adolescent Mental Health Services programs to create a new Child and Adolescent Services program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

186.0Child and Adolescent Addictive Diseases Services

Appropriation (HB 95)

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Grant CFDA93.959 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$10,870,898 $10,870,898 $16,939,372 $2,486,458
$1 $14,452,912
$1 $1 $3 $3 $3 $27,810,273

$10,870,898 $10,870,898 $16,939,372 $2,486,458
$1 $14,452,912
$1 $1 $3 $3 $3 $27,810,273

$10,859,787 $10,859,787 $16,939,372 $2,486,458
$1 $14,452,912
$1 $1 $3 $3 $3 $27,799,162

Child and Adolescent Developmental Disabilities

Continuation Budget

3034

JOURNAL OF THE 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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TANF Unobligated Balance per 42 USC 604
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$12,473,193 $12,473,193 $9,997,858
$2 $6,509,867 $3,487,988 $3,487,988
$1 $4 $4 $4 $22,471,055

$12,473,193 $12,473,193 $9,997,858
$2 $6,509,867 $3,487,988 $3,487,988
$1 $4 $4 $4 $22,471,055

$12,473,193 $12,473,193 $9,997,858
$2 $6,509,867 $3,487,988 $3,487,988
$1 $4 $4 $4 $22,471,055

187.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$141,624

$141,624

$141,624

187.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$241,794

$241,794

$241,794

187.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$696,719

$696,719

$696,719

187.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$983,304

$983,304

$983,304

187.5 Increase funds to annualize the cost of the 1,500 Mental Retardation Waiver Program slots added in HB1027 (FY07). (S:Reflect original department projections)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$1,617,290 $2,501,086 $4,118,376

$1,617,290 $2,501,086 $4,118,376

$1,446,339 $2,236,715 $3,683,054

TUESDAY, APRIL 17, 2007

3035

187.6 Increase funds to provide for an additional 1,330 slots in the Mental Retardation Waiver Program (MRWP). (S:Increase funds for a net increase of 1,546 unduplicated recipients)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$1,944,587 $2,483,960 $4,428,547

$1,944,587 $2,483,960 $4,428,547

$1,944,587 $2,483,960 $4,428,547

187.7 Reduce funds due to declining caseloads (reflects the Governor's TANF plan on page 200 of the Governor's Budget Report).

Temporary Assistance for Needy Families Grant CFDA93.558

($3,000,000) ($3,000,000) ($3,000,000)

187.8 Transfer the remaining contract funds for the American Association of Adapted Sports from the Department of Labor Roosevelt Warm Springs program. (H:Transfer to the Department of Education Central Office program)

State General Funds

$5,797

$0

($534,069)

187.9 Utilize existing funds to implement a secret shopper initiative to provide for increased customer service and accessibility. (G:YES)(H:YES)(S:Utilize savings to fund SR363 (2007 Session) "Mental Health Service Delivery Commission Creation")

State General Funds

$0

$0

($11,111)

187.10 Increase funds for the Matthew Reardon Center for expansion of current facilities and growth of the outreach program. [One-
Time Change]

State General Funds

$50,000

$200,000

187.11 Reduce funds.

Federal Funds Not Itemized

($1)

TANF Unobligated Balance per 42 USC 604

($1)

TOTAL PUBLIC FUNDS

($2)

187.12 Increase funds to raise nurse salaries to 85% of the market as identified in the Georgia Merit System Compensation and Benefits Study.

State General Funds

$1,511

187.98 Transfer all funds and activities from the Child and Adolescent Addictive Diseases, Child and Adolescent Developmental Disabilities Services, Child and Adolescent Forensic Services and Child and Adolescent Mental Health Services programs to create a new Child and Adolescent Services program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

187.0Child and Adolescent Developmental Disabilities

Appropriation (HB 95)

3036

JOURNAL OF THE 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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TANF Unobligated Balance per 42 USC 604
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$18,104,308 $18,104,308 $11,982,904
$2 $11,494,913
$487,988 $487,988
$1 $4 $4 $4 $30,087,216

$18,148,511 $18,148,511 $11,982,904
$2 $11,494,913
$487,988 $487,988
$1 $4 $4 $4 $30,131,419

$17,583,891 $17,583,891 $11,718,531
$1 $11,230,542
$487,988 $487,988
$4 $4 $4 $29,302,426

Child and Adolescent Forensic Services

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$2,869,514 $2,869,514
$276,007 $1
$276,006 $6 $6 $6
$937,587 $937,587 $937,587 $4,083,114

$2,869,514 $2,869,514
$276,007 $1
$276,006 $6 $6 $6
$937,587 $937,587 $937,587 $4,083,114

$2,869,514 $2,869,514
$276,007 $1
$276,006 $6 $6 $6
$937,587 $937,587 $937,587 $4,083,114

188.1 Annualize the cost of the FY07 salary adjustment. State General Funds

$23,604

$23,604

$23,604

TUESDAY, APRIL 17, 2007

3037

188.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$40,298

$40,298

$40,298

188.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$116,119

$116,119

$116,119

188.4 Utilize existing funds to implement a secret shopper initiative to provide for increased customer service and accessibility. (G:YES)(H:YES)(S:Utilize savings to fund SR363 (2007 Session) "Mental Health Service Delivery Commission Creation")

State General Funds

$0

$0

($11,111)

188.98 Transfer all funds and activities from the Child and Adolescent Addictive Diseases, Child and Adolescent Developmental Disabilities Services, Child and Adolescent Forensic Services and Child and Adolescent Mental Health Services programs to create a new Child and Adolescent Services program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

188.0Child and Adolescent Forensic Services

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$3,049,535 $3,049,535
$276,007 $1
$276,006 $6 $6 $6
$937,587 $937,587 $937,587 $4,263,135

$3,049,535 $3,049,535
$276,007 $1
$276,006 $6 $6 $6
$937,587 $937,587 $937,587 $4,263,135

$3,038,424 $3,038,424
$276,007 $1
$276,006 $6 $6 $6
$937,587 $937,587 $937,587 $4,252,024

Child and Adolescent Mental Health Services

Continuation Budget

3038

JOURNAL OF THE HOUSE

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 State General Funds
TOTAL FEDERAL FUNDS Community Mental Health Services Block Grant CFDA93.958 Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$68,528,745 $68,528,745 $5,368,941 $5,365,824
$3,117 $11 $11 $11
$73,897,697

$68,528,745 $68,528,745 $5,368,941 $5,365,824
$3,117 $11 $11 $11
$73,897,697

$68,528,745 $68,528,745 $5,368,941 $5,365,824
$3,117 $11 $11 $11
$73,897,697

189.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$456,346

$456,346

$456,346

189.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$779,116

$779,116

$779,116

189.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$2,244,994

$2,244,994

$2,244,994

189.4 Transfer funds and activities for child and adolescent therapeutic treatment services from the Out of Home Care program.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$33,024,017 $51,046,460 $84,070,477

$33,024,017 $51,046,460 $84,070,477

$33,024,017 $51,046,460 $84,070,477

189.5 Utilize existing funds to implement a secret shopper initiative to provide for increased customer service and accessibility. (G:YES)(H:YES)(S:Utilize savings to fund SR363 (2007 Session) "Mental Health Service Delivery Commission Creation")

State General Funds

$0

$0

($11,111)

189.6 Utilize existing funds to implement the parent peer initiative that assists families to become better informed and more participatory consumers in the treatment of their children and adolescents. (G:YES)(H:YES)(S:Approval not required by the General Assembly)

State General Funds

$0

$0

$0

TUESDAY, APRIL 17, 2007

3039

189.7 Increase funds to raise nurse salaries to 85% of the market as identified in the Georgia Merit System Compensation and Benefits Study.

State General Funds

$13,284

189.98 Transfer all funds and activities from the Child and Adolescent Addictive Diseases, Child and Adolescent Developmental Disabilities Services, Child and Adolescent Forensic Services and Child and Adolescent Mental Health Services programs to create a new Child and Adolescent Services program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

189.0Child and Adolescent Mental Health Services

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Community Mental Health Services Block Grant CFDA93.958 Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$105,033,218 $105,033,218 $56,415,401
$5,365,824 $51,049,577
$11 $11 $11 $161,448,630

$105,033,218 $105,033,218 $56,415,401
$5,365,824 $51,049,577
$11 $11 $11 $161,448,630

$105,035,391 $105,035,391 $56,415,401
$5,365,824 $51,049,577
$11 $11 $11 $161,450,803

Child Care Services

Continuation Budget

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 CCDF Mandatory & Matching Funds CFDA93.596 Federal Funds Not Itemized Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families

$57,805,665 $57,805,665 $175,018,410 $54,619,903 $90,698,416 $29,700,000
$90 $1

$57,805,665 $57,805,665 $175,018,410 $54,619,903 $90,698,416 $29,700,000
$90 $1

$57,805,665 $57,805,665 $175,018,410 $54,619,903 $90,698,416 $29,700,000
$90 $1

3040

JOURNAL OF THE HOUSE

Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1 $1 $1 $1 $232,824,076

$1 $1 $1 $1 $232,824,076

$1 $1 $1 $1 $232,824,076

190.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$77,579

$77,579

$77,579

190.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$132,449

$132,449

$132,449

190.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$381,649

$381,649

$381,649

190.4 Increase funds for child care services due to a backlog of clients on the inquiry list for services.

Temporary Assistance for Needy Families Grant CFDA93.558

$7,000,000

$0

190.5 Replace Child Care Development Unobligated Balance funds due to full usage.

Federal Funds Not Itemized TANF Transfers to Child Care Development Fund per 42 USC 604 TOTAL PUBLIC FUNDS

($29,700,000) $29,700,000
$0

190.98 Transfer all funds and activities from the After School Care, Child Care Services, Eligibility Determination, Energy Assistance, Food Stamp Eligibility and Benefits, Refugee Assistance, Support for Needy Families-Basic Assistance, Support for Needy Families-Work Assistance, and Support for Needy Families-Family Assistance programs to create a new Economic Assistance program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

190.0Child Care Services

Appropriation (HB 95)

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.

TOTAL STATE FUNDS State General Funds

$58,397,342 $58,397,342

$58,397,342 $58,397,342

$58,397,342 $58,397,342

TUESDAY, APRIL 17, 2007

3041

TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 CCDF Mandatory & Matching Funds CFDA93.596 Federal Funds Not Itemized Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TANF Transfers to Child Care Development Fund per 42 USC 604
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$175,018,410 $54,619,903 $90,698,416 $29,700,000
$90 $1 $1
$1 $1 $1 $233,415,753

$182,018,410 $54,619,903 $90,698,416 $29,700,000
$90 $7,000,001 $7,000,001
$1 $1 $1 $240,415,753

$175,018,410 $54,619,903 $90,698,416
$90 $29,700,001
$1 $29,700,000
$1 $1 $1 $233,415,753

Child Fatality Review Panel

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$338,832 $338,832 $338,832

$338,832 $338,832 $338,832

$338,832 $338,832 $338,832

191.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$4,000

$4,000

$4,000

191.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$6,829

$6,829

$6,829

191.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$19,678

$19,678

$19,678

191.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$1,958

$1,958

$1,958

191.0Child Fatality Review Panel

Appropriation (HB 95)

3042

JOURNAL OF THE HOUSE

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 State General Funds
TOTAL PUBLIC FUNDS

$371,297 $371,297 $371,297

$371,297 $371,297 $371,297

$371,297 $371,297 $371,297

Child Support Services

Continuation Budget

The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Social Services Block Grant CFDA93.667
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$16,121,500 $16,121,500 $51,081,316 $50,961,316
$120,000 $300,000 $300,000 $300,000 $67,502,816

$16,121,500 $16,121,500 $51,081,316 $50,961,316
$120,000 $300,000 $300,000 $300,000 $67,502,816

$16,121,500 $16,121,500 $51,081,316 $50,961,316
$120,000 $300,000 $300,000 $300,000 $67,502,816

192.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$149,044

$149,044

$149,044

192.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$254,463

$254,463

$254,463

192.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$733,223

$733,223

$733,223

192.4 Replace previously earned incentive funds for the provision of child support enforcement funds.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$4,258,500

$4,258,500

$4,258,500 $2,541,500 $6,800,000

192.0Child Support Services

Appropriation (HB 95)

TUESDAY, APRIL 17, 2007

3043

The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Social Services Block Grant CFDA93.667
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$21,516,730 $21,516,730 $51,081,316 $50,961,316
$120,000 $300,000 $300,000 $300,000 $72,898,046

$21,516,730 $21,516,730 $51,081,316 $50,961,316
$120,000 $300,000 $300,000 $300,000 $72,898,046

$21,516,730 $21,516,730 $51,081,316 $50,961,316
$120,000 $2,841,500 $2,841,500 $2,841,500 $75,439,546

Child Welfare Services

Continuation Budget

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS CCDF Mandatory & Matching Funds CFDA93.596 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$63,769,691 $63,769,691 $177,067,396
$817,637 $14,611,424 $59,395,119 $14,215,324 $8,264,167 $79,763,725 $79,763,725 $13,490,607 $13,490,607 $13,490,607 $254,327,694

$63,769,691 $63,769,691 $177,067,396
$817,637 $14,611,424 $59,395,119 $14,215,324 $8,264,167 $79,763,725 $79,763,725 $13,490,607 $13,490,607 $13,490,607 $254,327,694

$63,769,691 $63,769,691 $177,067,396
$817,637 $14,611,424 $59,395,119 $14,215,324 $8,264,167 $79,763,725 $79,763,725 $13,490,607 $13,490,607 $13,490,607 $254,327,694

193.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$244,398

$244,398

$244,398

193.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

3044

JOURNAL OF THE HOUSE

State General Funds

$417,260

$417,260

$417,260

193.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$1,202,317

$1,202,317

$1,202,317

193.4 Replace previously earned targeted case management funds for case managers to effectively manage child welfare caseloads. (S:Pursue increased utilization of Foster Care Title IV-E funds)

State General Funds Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$13,883,875
($13,883,875) $0

$13,883,875
($13,883,875) $0

$1,401,781 $12,482,094 ($13,883,875)
$0

193.5 Eliminate one-time staff salary bonuses (reflects the Governor's TANF plan on page 200 of the Governor's Budget Report).

Temporary Assistance for Needy Families Grant CFDA93.558

($2,000,000) ($2,000,000) ($2,000,000)

193.6 Reduce funds due to a reduction in number of foster care intake psychological assessments (reflects the Governor's TANF plan on page 200 of the Governor's Budget Report).

Temporary Assistance for Needy Families Grant CFDA93.558

($5,000,000) ($5,000,000) ($5,000,000)

193.7 Increase funds for Court Appointed Special Advocates (CASA) to serve additional children.
Sites: Atkinson County, Berrien County, Brooks County, Butts County, Clinch County, Cook County, Glascock County, Lamar County, Lanier County, Lincoln County, McDuffie County, Monroe County, Taliaferro County, Warren County, Wilkes County

State General Funds

$225,000

$400,000

193.8 Increase funds for the initial clothing allowance for foster children ages 12 and under from $150 to $200 per child. Also provide an increase in the annual clothing allowance for all children in foster care from $200 per year per child to $300 per year per child.

State General Funds

$1,486,400

$1,486,400

193.9 Increase funds for the Clayton County Rainbow House. [One-Time Change]

State General Funds

$25,000

193.10 Transfer funds to the Family Violence program.

Temporary Assistance for Needy Families Grant CFDA93.558

($500,000)

193.11 Increase funds for the Juvenile Justice Fund for an Atlanta regional assessment center for child victims of prostitution and trafficking.

State General Funds

$350,000

TUESDAY, APRIL 17, 2007

3045

193.99 SAC: The purpose of this appropriation is to provide for the investigating of allegations of child abuse and neglect, assessing family functioning, providing in-home support, counseling and treatment services, and to provide intervention services. House: The purpose of this appropriation is to investigate allegations of child abuse and neglect, assess family functioning,

provide in-home support, counseling and treatment services, and to provide intervention services. Governor: Investigate allegations of child abuse and neglect, assess family functioning, provide in-home support, counseling

and treatment services, and to provide intervention services.

State General Funds

$0

$0

$0

193.0Child Welfare Services

Appropriation (HB 95)

The purpose of this appropriation is to provide for the investigating of allegations of child abuse and neglect, assessing family functioning, providing in-home support, counseling and treatment services, and to provide intervention services.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS CCDF Mandatory & Matching Funds CFDA93.596 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$79,517,541 $79,517,541 $156,183,521
$817,637 $14,611,424 $59,395,119
$331,449 $8,264,167 $72,763,725 $72,763,725 $13,490,607 $13,490,607 $13,490,607 $249,191,669

$81,228,941 $81,228,941 $156,183,521
$817,637 $14,611,424 $59,395,119
$331,449 $8,264,167 $72,763,725 $72,763,725 $13,490,607 $13,490,607 $13,490,607 $250,903,069

$69,296,847 $69,296,847 $168,165,615
$817,637 $14,611,424 $71,877,213
$331,449 $8,264,167 $72,263,725 $72,263,725 $13,490,607 $13,490,607 $13,490,607 $250,953,069

Departmental Administration

Continuation Budget

The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575

$110,218,587 $109,896,603
$321,984 $120,203,342
$716,038

$110,218,587 $109,896,603
$321,984 $120,203,342
$716,038

$110,218,587 $109,896,603
$321,984 $120,203,342
$716,038

3046

JOURNAL OF THE HOUSE

CCDF Mandatory & Matching Funds CFDA93.596 Community Services Block Grant CFDA93.569 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families
Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS
Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures 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
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Optional Medicaid Services Payments
TOTAL PUBLIC FUNDS

$1,293,026 $4,069
$47,924,389 $9,812,170
$346,557 $31,769,360
$31,070 $5,505,106 $22,801,557 $22,801,557 $5,872,059
$8 $8 $2 $2 $2,915 $2,915 $2,240,293 $2,240,293 $3,628,841 $3,628,841 $3 $3 $2 $1 $236,293,991

$1,293,026 $4,069
$47,924,389 $9,812,170
$346,557 $31,769,360
$31,070 $5,505,106 $22,801,557 $22,801,557 $5,872,059
$8 $8 $2 $2 $2,915 $2,915 $2,240,293 $2,240,293 $3,628,841 $3,628,841 $3 $3 $2 $1 $236,293,991

$1,293,026 $4,069
$47,924,389 $9,812,170
$346,557 $31,769,360
$31,070 $5,505,106 $22,801,557 $22,801,557 $5,872,059
$8 $8 $2 $2 $2,915 $2,915 $2,240,293 $2,240,293 $3,628,841 $3,628,841 $3 $3 $2 $1 $236,293,991

194.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$1,175,950

$1,175,950

$1,175,950

194.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$2,007,700

$2,007,700

$2,007,700

TUESDAY, APRIL 17, 2007

3047

194.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$5,785,089

$5,785,089

$5,785,089

194.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$7,071,974

$7,071,974

$7,071,974

194.5 Increase funds for a Georgia Building Authority (GBA) rate change. (S:NO to GBA rate increase for utilities)

State General Funds

$261,391

$261,391

$42,527

194.6 Reduce funds from public health administration.

State General Funds

($500,000)

($500,000)

($500,000)

194.7 Reduce funds from DFCS administration operations.

State General Funds

($500,000)

($500,000)

($500,000)

194.8 Increase funds for the Virtual Presence initiative.

State General Funds

$1,000,000

$1,000,000

$0

194.9 Reduce funds from administrative expenses.

State General Funds

($63,979)

($63,979)

($63,979)

194.10 Reduce funds from renegotiated contracts.

State General Funds

($3,252)

($3,252)

($3,252)

194.11 Eliminate time-limited Atlanta Food Bank supplemental funds (reflects the Governor's TANF plan on page 200 of the Governor's Budget Report). (S:Use restored funds to match for MOE in item 194.14)
Sites: City of Albany, City of Athens, City of Atlanta, City of Augusta, City of Columbus, City of Macon, City of Savannah, City of Valdosta

Temporary Assistance for Needy Families Grant CFDA93.558

($2,000,000) ($2,000,000)

$0

194.12 Increase funds to purchase software to streamline the contracts management process. (H:YES)(S:Does not require General Assembly approval) [One-Time Change]

State General Funds

$0

$0

194.13 Reduce funds to reflect anticipated surplus due to operational efficiencies. (S:Recognize funds generated by administrative efficiencies to pay federal fines in FY07)

State General Funds

($1,500,000) ($1,500,000)

3048

JOURNAL OF THE HOUSE

194.14 Recognize qualified food bank programs as Maintenance of Effort for TANF (MOE) and create an incentive for qualified food banks to partner with the state and meet federal reporting requirements. The matching rate for the state contribution to MOE shall be 1:3.

Temporary Assistance for Needy Families Grant CFDA93.558 TANF Maintenance-of-Effort from External Sources TOTAL PUBLIC FUNDS

$2,000,000 $18,000,000 $20,000,000

194.15 Eliminate one-time funds.

Federal Funds Not Itemized

($4,448,824)

194.16 Eliminate one-time funds received in HB1027 (FY07) to upgrade SUCCESS for TANF reauthorization.

State General Funds

($700,000)

194.17 Eliminate one-time funds received in HB1027 (FY07) for development of a business continuity and disaster recovery plan.

State General Funds

($950,000)

194.18 Increase funds to raise nurse salaries to 85% of the market as identified in the Georgia Merit System Compensation and Benefits Study.

State General Funds

$7,660

194.95 Realize non-Georgia Building Authority lease savings through the renegotiation of rates to utilize state funds ($163,728) and federal funds ($80,642) for operations. (G:YES)(H:YES)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$0

$0

($163,728)

$0

$0

$0

$0

$0

($163,728)

194.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize state funds ($1,039,296) and federal funds ($511,793) for operations. (G:YES)(H:YES)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$0

$0 ($1,039,296)

$0

$0

$0

$0

$0 ($1,039,296)

194.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize state funds ($856,444) and federal funds ($421,631) for operations. (G:YES)(H:YES)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$0

$0

($856,444)

$0

$0

$0

$0

$0

($856,444)

TUESDAY, APRIL 17, 2007

3049

194.99 SAC: The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office; provided that at least $6,000,000 in Temporary Assistance to Needy Family block grants be distributed to qualified food banks in exchange for a 1:3 Maintenance of Effort match.

Temporary Assistance for Needy Families Grant CFDA93.558

$0

194.0Departmental Administration

Appropriation (HB 95)

The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office; provided that at least $6,000,000 in Temporary Assistance to Needy Family block grants be distributed to qualified food banks in exchange for a 1:3 Maintenance of Effort match.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 CCDF Mandatory & Matching Funds CFDA93.596 Community Services Block Grant CFDA93.569 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures TANF Maintenance-of-Effort from External Sources Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents

$126,453,460 $126,131,476
$321,984 $118,203,342
$716,038 $1,293,026
$4,069 $47,924,389 $9,812,170
$346,557 $31,769,360
$31,070 $5,505,106 $20,801,557 $20,801,557 $5,872,059
$8
$8 $2 $2 $2,915 $2,915 $2,240,293

$124,953,460 $124,631,476
$321,984 $118,203,342
$716,038 $1,293,026
$4,069 $47,924,389 $9,812,170
$346,557 $31,769,360
$31,070 $5,505,106 $20,801,557 $20,801,557 $5,872,059
$8
$8 $2 $2 $2,915 $2,915 $2,240,293

$120,032,788 $119,710,804
$321,984 $117,754,518
$716,038 $1,293,026
$4,069 $43,475,565 $9,812,170
$346,557 $31,769,360
$31,070 $5,505,106 $24,801,557 $24,801,557 $23,872,059 $18,000,008 $18,000,000
$8 $2 $2 $2,915 $2,915 $2,240,293

3050

JOURNAL OF THE HOUSE

Royalties and Rents Not Itemized Sales and Services
Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
State Funds Transfers Agency to Agency Contracts Optional Medicaid Services Payments
TOTAL PUBLIC FUNDS

$2,240,293 $3,628,841 $3,628,841
$3 $3 $2 $1 $250,528,864

$2,240,293 $3,628,841 $3,628,841
$3 $3 $2 $1 $249,028,864

$2,240,293 $3,628,841 $3,628,841
$3 $3 $2 $1 $261,659,368

Direct Care and Support Services

Continuation Budget

The purpose of this appropriation is to provide facility support services and direct patient support therapies.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$97,707,457 $97,707,457 $6,120,306 $6,120,300
$6 $42,343,799 $42,343,799 $42,343,799 $5,092,954 $5,092,954 $5,092,954 $151,264,516

$97,707,457 $97,707,457 $6,120,306 $6,120,300
$6 $42,343,799 $42,343,799 $42,343,799 $5,092,954 $5,092,954 $5,092,954 $151,264,516

$97,707,457 $97,707,457 $6,120,306 $6,120,300
$6 $42,343,799 $42,343,799 $42,343,799 $5,092,954 $5,092,954 $5,092,954 $151,264,516

195.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$1,058,460

$1,058,460

$1,058,460

195.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$1,807,107

$1,807,107

$1,807,107

195.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$5,207,096

$5,207,096

$5,207,096

TUESDAY, APRIL 17, 2007

3051

195.4 Increase funds to renovate a building, replace chillers and pumps, upgrade the heating ventilation and air conditioning system, and increase propane tank storage capacity at Northwest Regional Hospital and replace chillers and valves at East Central Regional Hospital. [One-Time Change]

State General Funds

$1,970,000

$1,970,000

$1,970,000

195.5 Increase funds to raise nurse salaries to 85% of the market as identified in the Georgia Merit System Compensation and Benefits Study.

State General Funds

$26,994

195.0Direct Care and Support Services

Appropriation (HB 95)

The purpose of this appropriation is to provide facility support services and direct patient support therapies.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$107,750,120 $107,750,120
$6,120,306 $6,120,300
$6 $42,343,799 $42,343,799 $42,343,799 $5,092,954 $5,092,954 $5,092,954 $161,307,179

$107,750,120 $107,750,120
$6,120,306 $6,120,300
$6 $42,343,799 $42,343,799 $42,343,799 $5,092,954 $5,092,954 $5,092,954 $161,307,179

$107,777,114 $107,777,114
$6,120,306 $6,120,300
$6 $42,343,799 $42,343,799 $42,343,799 $5,092,954 $5,092,954 $5,092,954 $161,334,173

Elder Abuse Investigations and Prevention

Continuation Budget

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778

$9,475,604 $9,475,604 $7,024,297
$566,695 $4,178,063

$9,475,604 $9,475,604 $7,024,297
$566,695 $4,178,063

$9,475,604 $9,475,604 $7,024,297
$566,695 $4,178,063

3052

JOURNAL OF THE HOUSE

Social Services Block Grant CFDA93.667 TOTAL PUBLIC FUNDS

$2,279,539 $16,499,901

$2,279,539 $16,499,901

$2,279,539 $16,499,901

196.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$95,012

$95,012

$95,012

196.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$162,216

$162,216

$162,216

196.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$467,413

$467,413

$467,413

196.0Elder Abuse Investigations and Prevention

Appropriation (HB 95)

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667
TOTAL PUBLIC FUNDS

$10,200,245 $10,200,245 $7,024,297
$566,695 $4,178,063 $2,279,539 $17,224,542

$10,200,245 $10,200,245 $7,024,297
$566,695 $4,178,063 $2,279,539 $17,224,542

$10,200,245 $10,200,245 $7,024,297
$566,695 $4,178,063 $2,279,539 $17,224,542

Elder Community Living Services

Continuation Budget

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 State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778

$73,397,916 $67,924,597 $5,473,319 $34,184,121 $19,829,293 $10,593,398

$73,397,916 $67,924,597 $5,473,319 $34,184,121 $19,829,293 $10,593,398

$73,397,916 $67,924,597 $5,473,319 $34,184,121 $19,829,293 $10,593,398

TUESDAY, APRIL 17, 2007

3053

Social Services Block Grant CFDA93.667 TOTAL PUBLIC FUNDS

$3,761,430

$3,761,430

$3,761,430

$107,582,037 $107,582,037 $107,582,037

197.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$7,314

$7,314

$7,314

197.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$12,488

$12,488

$12,488

197.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$35,982

$35,982

$35,982

197.4 Reduce funds from renegotiated contracts.

State General Funds

($32,446)

($32,446)

($32,446)

197.5 Increase funds for an additional 500 slots in the Community Care Services Program (CCSP) for eligible elderly clients that will enable them to continue to live at home. (S:Increase funds for a net increase of 610 unduplicated recipients)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$2,079,800 $2,970,200 $5,050,000

$2,079,800 $2,970,200 $5,050,000

$2,079,800 $2,970,200 $5,050,000

197.6 Increase funds for an additional 1,000 slots in the non-Medicaid Home and Community Based Services (HCBS) Program for elderly clients to provide respite services that will enable them to continue to live at home.

State General Funds

$2,700,000

$2,700,000

$2,700,000

197.7 Replace funds.

State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS

$1,808,586 ($1,808,586)
$0

$1,808,586 ($1,808,586)
$0

$1,808,586 ($1,808,586)
$0

197.8 Replace funds to reflect changes in the Federal Financial Participation (FFP) rate for Medicaid.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($35,073) $35,073
$0

3054

JOURNAL OF THE HOUSE

197.0Elder Community Living Services

Appropriation (HB 95)

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 State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667
TOTAL PUBLIC FUNDS

$78,201,054 $74,536,321 $3,664,733 $37,154,321 $19,829,293 $13,563,598 $3,761,430 $115,355,375

$78,201,054 $74,536,321 $3,664,733 $37,154,321 $19,829,293 $13,563,598 $3,761,430 $115,355,375

$78,165,981 $74,501,248 $3,664,733 $37,189,394 $19,829,293 $13,598,671 $3,761,430 $115,355,375

Elder Support Services

Continuation Budget

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 State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$3,403,168 $876,095
$2,527,073 $5,470,220 $5,470,220 $8,873,388

$3,403,168 $876,095
$2,527,073 $5,470,220 $5,470,220 $8,873,388

$3,403,168 $876,095
$2,527,073 $5,470,220 $5,470,220 $8,873,388

198.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$595

$595

$595

198.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$1,017

$1,017

$1,017

198.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$2,928

$2,928

$2,928

198.4 Eliminate one-time funds received in HB1027 (FY07) for the Ruth Byck Adult Day Care Center. Sites: City of Savannah

TUESDAY, APRIL 17, 2007

3055

State General Funds

($50,000)

198.5 Increase funds for Naturally Occurring Retirement Communities (NORC).

State General Funds

($50,000) $225,000

($50,000) $100,000

198.0Elder Support Services

Appropriation (HB 95)

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 State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$3,357,708 $830,635
$2,527,073 $5,470,220 $5,470,220 $8,827,928

$3,582,708 $1,055,635 $2,527,073 $5,470,220 $5,470,220 $9,052,928

$3,457,708 $930,635
$2,527,073 $5,470,220 $5,470,220 $8,927,928

Eligibility Determination

Continuation Budget

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$25,928,044 $25,928,044 $24,377,800 $24,377,800
$1 $1 $1 $50,305,845

$25,928,044 $25,928,044 $24,377,800 $24,377,800
$1 $1 $1 $50,305,845

$25,928,044 $25,928,044 $24,377,800 $24,377,800
$1 $1 $1 $50,305,845

199.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$132,967

$132,967

$132,967

199.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$227,013

$227,013

$227,013

3056

JOURNAL OF THE HOUSE

199.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$654,131

$654,131

$654,131

199.98 Transfer all funds and activities from the After School Care, Child Care Services, Eligibility Determination, Energy Assistance, Food Stamp Eligibility and Benefits, Refugee Assistance, Support for Needy Families-Basic Assistance, Support for Needy Families-Work Assistance, and Support for Needy Families-Family Assistance programs to create a new Economic Assistance program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

199.0Eligibility Determination

Appropriation (HB 95)

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$26,942,155 $26,942,155 $24,377,800 $24,377,800
$1 $1 $1 $51,319,956

$26,942,155 $26,942,155 $24,377,800 $24,377,800
$1 $1 $1 $51,319,956

$26,942,155 $26,942,155 $24,377,800 $24,377,800
$1 $1 $1 $51,319,956

Emergency Preparedness / Trauma System Improvement

Continuation Budget

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Preventive Health & Health Services Block Grant CFDA93.991
TOTAL PUBLIC FUNDS

$5,893,761 $5,893,761 $1,147,511
$7 $1,147,504 $7,041,272

$5,893,761 $5,893,761 $1,147,511
$7 $1,147,504 $7,041,272

$5,893,761 $5,893,761 $1,147,511
$7 $1,147,504 $7,041,272

200.1 Annualize the cost of the FY07 salary adjustment.

TUESDAY, APRIL 17, 2007

3057

State General Funds

$19,902

$19,902

$19,902

200.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$33,981

$33,981

$33,981

200.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$97,908

$97,908

$97,908

200.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$38,330

$38,330

$38,330

200.5 Increase funds for the storage and distribution of antiviral medication for the treatment of a pandemic flu. [One-Time Change]

State General Funds

$250,000

$250,000

$250,000

200.6 Increase funds for antiviral medications to treat pandemic flu. [One-Time Change]

State General Funds

$7,000,000

200.7 Increase funds to raise nurse salaries to 85% of the market as identified in the Georgia Merit System Compensation and Benefits Study.

State General Funds

$7,335

200.0Emergency Preparedness / Trauma System Improvement

Appropriation (HB 95)

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Preventive Health & Health Services Block Grant CFDA93.991
TOTAL PUBLIC FUNDS

$6,333,882 $6,333,882 $1,147,511
$7 $1,147,504 $7,481,393

$6,333,882 $6,333,882 $1,147,511
$7 $1,147,504 $7,481,393

$13,341,217 $13,341,217 $1,147,511
$7 $1,147,504 $14,488,728

Energy Assistance

Continuation Budget

The purpose of this appropriation is to assist low-income households in meeting their immediate home energy needs.

3058

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Low-Income Home Energy Assistance CFDA93.568
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $18,623,684 $18,623,684 $3 $2 $2 $1 $1 $18,623,687

$0 $0 $18,623,684 $18,623,684 $3 $2 $2 $1 $1 $18,623,687

$0 $0 $18,623,684 $18,623,684 $3 $2 $2 $1 $1 $18,623,687

201.1 Reduce funds.

Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS

($2)

($2)

($2)

($1)

($1)

($1)

($3)

($3)

($3)

201.98 Transfer all funds and activities from the After School Care, Child Care Services, Eligibility Determination, Energy Assistance, Food Stamp Eligibility and Benefits, Refugee Assistance, Support for Needy Families-Basic Assistance, Support for Needy Families-Work Assistance, and Support for Needy Families-Family Assistance programs to create a new Economic Assistance program. (G:YES)(H:NO)(S:NO)

Low-Income Home Energy Assistance CFDA93.568

$0

$0

$0

201.0Energy Assistance

Appropriation (HB 95)

The purpose of this appropriation is to assist low-income households in meeting their immediate home energy needs.

TOTAL FEDERAL FUNDS Low-Income Home Energy Assistance CFDA93.568
TOTAL PUBLIC FUNDS

$18,623,684 $18,623,684 $18,623,684

$18,623,684 $18,623,684 $18,623,684

$18,623,684 $18,623,684 $18,623,684

Epidemiology

Continuation Budget

The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other events of public health concern.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds

$5,237,237 $5,121,600
$115,637

$5,237,237 $5,121,600
$115,637

$5,237,237 $5,121,600
$115,637

TUESDAY, APRIL 17, 2007

3059

TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$372,351 $15,641
$159,960 $196,750
$6 $6 $6 $1 $1 $1 $5,609,595

$372,351 $15,641
$159,960 $196,750
$6 $6 $6 $1 $1 $1 $5,609,595

$372,351 $15,641
$159,960 $196,750
$6 $6 $6 $1 $1 $1 $5,609,595

202.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$60,031

$60,031

$60,031

202.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$102,491

$102,491

$102,491

202.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$295,323

$295,323

$295,323

202.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$21,203

$21,203

$21,203

202.5 Reduce funds.

Contributions, Donations, and Forfeitures Not Itemized Agency to Agency Contracts TOTAL PUBLIC FUNDS

($6)

($6)

($6)

($1)

($1)

($1)

($7)

($7)

($7)

202.6 Increase funds for a specially equipped bus to perform sickle cell anemia testing throughout the state.

State General Funds

$300,000

$100,000

202.7 Increase funds for the Georgia Poison Center.

State General Funds

$272,000

3060

JOURNAL OF THE HOUSE

202.0 Epidemiology

Appropriation (HB 95)

The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other events of public health concern.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991
TOTAL PUBLIC FUNDS

$5,716,285 $5,600,648
$115,637 $372,351
$15,641 $159,960 $196,750 $6,088,636

$6,016,285 $5,900,648
$115,637 $372,351
$15,641 $159,960 $196,750 $6,388,636

$6,088,285 $5,972,648
$115,637 $372,351
$15,641 $159,960 $196,750 $6,460,636

Facility and Provider Regulation

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS

$7,460,083 $7,460,083 $6,632,801 $4,536,725 $2,096,076 $14,092,884

$7,460,083 $7,460,083 $6,632,801 $4,536,725 $2,096,076 $14,092,884

$7,460,083 $7,460,083 $6,632,801 $4,536,725 $2,096,076 $14,092,884

203.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$41,626

$41,626

$41,626

203.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$71,070

$71,070

$71,070

203.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$204,781

$204,781

$204,781

203.4 Increase funds to comply with the requirements of HB318 (2003 Session) "Adult Day Center Licensure Act". (S:Includes one time start-up costs of $187,500)

TUESDAY, APRIL 17, 2007

3061

State General Funds

$212,500

$400,000

203.99 SAC: The purpose of this appropriation is to inspect and license adult day services, foster care residential facilities, child placing agencies, long term care and health care facilities.

State General Funds

$0

203.0Facility and Provider Regulation

Appropriation (HB 95)

The purpose of this appropriation is to inspect and license adult day services, foster care residential facilities, child placing agencies, long term care and health care facilities.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS

$7,777,560 $7,777,560 $6,632,801 $4,536,725 $2,096,076 $14,410,361

$7,990,060 $7,990,060 $6,632,801 $4,536,725 $2,096,076 $14,622,861

$8,177,560 $8,177,560 $6,632,801 $4,536,725 $2,096,076 $14,810,361

Family Connection

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS

$9,387,572 $9,387,572 $2,468,771 $1,268,771 $1,200,000 $1,200,000 $11,856,343

$9,387,572 $9,387,572 $2,468,771 $1,268,771 $1,200,000 $1,200,000 $11,856,343

$9,387,572 $9,387,572 $2,468,771 $1,268,771 $1,200,000 $1,200,000 $11,856,343

204.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$2,500

$2,500

$2,500

204.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$4,267

$4,267

$4,267

3062

JOURNAL OF THE HOUSE

204.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$12,298

$12,298

$12,298

204.0Family Connection

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS

$9,406,637 $9,406,637 $2,468,771 $1,268,771 $1,200,000 $1,200,000 $11,875,408

$9,406,637 $9,406,637 $2,468,771 $1,268,771 $1,200,000 $1,200,000 $11,875,408

$9,406,637 $9,406,637 $2,468,771 $1,268,771 $1,200,000 $1,200,000 $11,875,408

Family Violence Services

Continuation Budget

The purpose of this appropriation is to provide safe shelter and related services for victims of family violence.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS

$4,651,950 $4,651,950 $5,349,430
$284,186 $5,065,244 $5,065,244 $10,001,380

$4,651,950 $4,651,950 $5,349,430
$284,186 $5,065,244 $5,065,244 $10,001,380

$4,651,950 $4,651,950 $5,349,430
$284,186 $5,065,244 $5,065,244 $10,001,380

205.1 Increase funds for the Fayette County Council on Domestic Violence (D/B/A Promise Place) for a shelter.
Sites: City of Fayetteville

State General Funds

$100,000

$0

205.2 Transfer funds from the Child Welfare Services program to be distributed to family violence shelters for early intervention activities.

Temporary Assistance for Needy Families Grant CFDA93.558

$500,000

TUESDAY, APRIL 17, 2007

205.0Family Violence Services

Appropriation (HB 95)

The purpose of this appropriation is to provide safe shelter and related services for victims of family violence.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS

$4,651,950 $4,651,950 $5,349,430
$284,186 $5,065,244 $5,065,244 $10,001,380

$4,751,950 $4,751,950 $5,349,430
$284,186 $5,065,244 $5,065,244 $10,101,380

$4,651,950 $4,651,950 $5,849,430
$284,186 $5,565,244 $5,565,244 $10,501,380

Federal Unobligated Balances

Continuation Budget

The purpose of this appropriation is to reflect balances of federal funds from prior years. No services are provided.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized TANF Unobligated Balance per 42 USC 604
TOTAL PUBLIC FUNDS

$0 $0 $131,448,509 $20,591,603 $110,856,906 $131,448,509

$0 $0 $131,448,509 $20,591,603 $110,856,906 $131,448,509

$0 $0 $131,448,509 $20,591,603 $110,856,906 $131,448,509

206.1 Reduce balance to fund activities (See the Support for Needy Families-Basic Assistance program).

TANF Unobligated Balance per 42 USC 604

($1,349,000)

$0

$0

206.2 Reduce funds to reflect FY06 and FY07 expenditures.

Federal Funds Not Itemized TANF Unobligated Balance per 42 USC 604 TOTAL PUBLIC FUNDS

($20,591,603) ($71,832,613) ($92,424,216)

206.0Federal Unobligated Balances

Appropriation (HB 95)

The purpose of this appropriation is to reflect balances of federal funds from prior years. No services are provided.

TOTAL FEDERAL FUNDS Federal Funds Not Itemized TANF Unobligated Balance per 42 USC 604
TOTAL PUBLIC FUNDS

$130,099,509 $20,591,603 $109,507,906 $130,099,509

$131,448,509 $20,591,603 $110,856,906 $131,448,509

$39,024,293
$39,024,293 $39,024,293

3063

3064

JOURNAL OF THE HOUSE

Food Stamp Eligibility and Benefits

Continuation Budget

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.

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

$23,938,726 $23,938,726 $29,693,546 $29,693,546
$1 $1 $1 $53,632,273

$23,938,726 $23,938,726 $29,693,546 $29,693,546
$1 $1 $1 $53,632,273

$23,938,726 $23,938,726 $29,693,546 $29,693,546
$1 $1 $1 $53,632,273

207.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$210,524

$210,524

$210,524

207.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$359,426

$359,426

$359,426

207.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$1,035,673

$1,035,673

$1,035,673

207.98 Transfer all funds and activities from the After School Care, Child Care Services, Eligibility Determination, Energy Assistance, Food Stamp Eligibility and Benefits, Refugee Assistance, Support for Needy Families-Basic Assistance, Support for Needy Families-Work Assistance, and Support for Needy Families-Family Assistance programs to create a new Economic Assistance program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

207.0Food Stamp Eligibility and Benefits

Appropriation (HB 95)

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.

TOTAL STATE FUNDS State General Funds

$25,544,349 $25,544,349

$25,544,349 $25,544,349

$25,544,349 $25,544,349

TUESDAY, APRIL 17, 2007

3065

TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$29,693,546 $29,693,546
$1 $1 $1 $55,237,896

$29,693,546 $29,693,546
$1 $1 $1 $55,237,896

$29,693,546 $29,693,546
$1 $1 $1 $55,237,896

Immunization

Continuation Budget

The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines and technical assistance.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized
TOTAL PUBLIC FUNDS

$9,213,104 $9,213,104 $8,817,897 $1,351,438 $6,762,746
$1 $703,712
$1 $1 $1 $18,031,002

$9,213,104 $9,213,104 $8,817,897 $1,351,438 $6,762,746
$1 $703,712
$1 $1 $1 $18,031,002

$9,213,104 $9,213,104 $8,817,897 $1,351,438 $6,762,746
$1 $703,712
$1 $1 $1 $18,031,002

208.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$99,147

$99,147

$99,147

208.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$169,274

$169,274

$169,274

208.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$487,754

$487,754

$487,754

208.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$236,751

$236,751

$236,751

208.5 Increase funds for vaccines for underinsured children.

3066

JOURNAL OF THE HOUSE

State General Funds

$1,500,000

$1,500,000

$1,500,000

208.6 Increase funds for Human Papillomavirus (HPV) vaccines.

State General Funds

$4,339,738

$0

$0

208.7 Reduce funds.

Reserved Fund Balances Not Itemized

($1)

($1)

($1)

208.8 Increase funds to raise nurse salaries to 85% of the market as identified in the Georgia Merit System Compensation and Benefits Study.

State General Funds

$10,523

208.0 Immunization

Appropriation (HB 95)

The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines and technical assistance.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991
TOTAL PUBLIC FUNDS

$16,045,768 $16,045,768 $8,817,897 $1,351,438 $6,762,746
$1 $703,712 $24,863,665

$11,706,030 $11,706,030 $8,817,897 $1,351,438 $6,762,746
$1 $703,712 $20,523,927

$11,716,553 $11,716,553 $8,817,897 $1,351,438 $6,762,746
$1 $703,712 $20,534,450

Infant and Child Essential Health Treatment Services

Continuation Budget

The purpose of this appropriation is to avoid unnecessary health problems in later life by providing comprehensive health services to

infants and children.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991
TOTAL PUBLIC FUNDS

$36,570,204 $36,570,204 $11,496,480 $2,913,461 $7,960,921
$354,742 $267,356 $48,066,684

$36,570,204 $36,570,204 $11,496,480 $2,913,461 $7,960,921
$354,742 $267,356 $48,066,684

$36,570,204 $36,570,204 $11,496,480 $2,913,461 $7,960,921
$354,742 $267,356 $48,066,684

TUESDAY, APRIL 17, 2007

3067

209.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$219,687

$219,687

$219,687

209.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$375,065

$375,065

$375,065

209.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$1,080,748

$1,080,748

$1,080,748

209.4 Increase funds to reflect an adjustment in the Workers' Compensation premium.

State General Funds

$225,059

$225,059

$225,059

209.5 Reduce funds due to renegotiated contracts. (S:Do not reduce contracts with Auditory-Verbal Center of Atlanta)

State General Funds

($62,725)

($62,725)

$0

209.6 Increase funds to raise nurse salaries to 85% of the market as identified in the Georgia Merit System Compensation and Benefits Study.

State General Funds

$258,887

209.98 Transfer all funds and activities from the Adolescent and Adult Essential Health Treatment Services and the Infant and Child Essential Health Treatment Services programs to create a new Essential Health Treatment Services program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

209.0Infant and Child Essential Health Treatment Services

Appropriation (HB 95)

The purpose of this appropriation is to avoid unnecessary health problems in later life by providing comprehensive health services to infants and children.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778

$38,408,038 $38,408,038 $11,496,480 $2,913,461 $7,960,921
$354,742

$38,408,038 $38,408,038 $11,496,480 $2,913,461 $7,960,921
$354,742

$38,729,650 $38,729,650 $11,496,480 $2,913,461 $7,960,921
$354,742

3068

JOURNAL OF THE HOUSE

Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS

$267,356 $49,904,518

$267,356 $49,904,518

$267,356 $50,226,130

Infant and Child Health Promotion

Continuation Budget

The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$15,738,490 $15,738,490 $92,696,153 $85,351,882 $1,258,688 $5,929,362
$156,221 $2,281,920
$1 $1 $2,281,919 $2,281,919 $110,716,563

$15,738,490 $15,738,490 $92,696,153 $85,351,882 $1,258,688 $5,929,362
$156,221 $2,281,920
$1 $1 $2,281,919 $2,281,919 $110,716,563

$15,738,490 $15,738,490 $92,696,153 $85,351,882 $1,258,688 $5,929,362
$156,221 $2,281,920
$1 $1 $2,281,919 $2,281,919 $110,716,563

210.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$92,529

$92,529

$92,529

210.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$157,973

$157,973

$157,973

210.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$455,196

$455,196

$455,196

210.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$846,014

$846,014

$846,014

210.5 Reduce funds from operations.

State General Funds

($1,500,000) ($1,500,000) ($1,500,000)

TUESDAY, APRIL 17, 2007

3069

210.6 Increase funds for YMCA Youth Fit for Life program. [One-Time Change]

State General Funds

$100,000

210.7 Increase funds to raise nurse salaries to 85% of the market as identified in the Georgia Merit System Compensation and Benefits Study.

State General Funds

$2,683,857

210.98 Transfer all funds and activities from the Adolescent and Adult Health Promotion, Infant and Child Health Promotion, Injury Prevention, and Substance Abuse Prevention programs to create a new Prevention and Health Promotion program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

210.0Infant and Child Health Promotion

Appropriation (HB 95)

The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$15,790,202 $15,790,202 $92,696,153 $85,351,882 $1,258,688 $5,929,362
$156,221 $2,281,920
$1 $1 $2,281,919 $2,281,919 $110,768,275

$15,790,202 $15,790,202 $92,696,153 $85,351,882 $1,258,688 $5,929,362
$156,221 $2,281,920
$1 $1 $2,281,919 $2,281,919 $110,768,275

$18,574,059 $18,574,059 $92,696,153 $85,351,882 $1,258,688 $5,929,362
$156,221 $2,281,920
$1 $1 $2,281,919 $2,281,919 $113,552,132

Infectious Disease Control

Continuation Budget

The purpose of this appropriation is to ensure quality prevention and treatment of HIV/AIDS, sexually transmitted diseases,

tuberculosis, and other infectious diseases.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS

$35,337,965 $35,337,965 $11,144,644

$35,337,965 $35,337,965 $11,144,644

$35,337,965 $35,337,965 $11,144,644

3070

JOURNAL OF THE HOUSE

Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Sales and Services
Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$11,060,774 $83,866 $4
$150,000 $150,000 $150,000 $46,632,609

$11,060,774 $83,866 $4
$150,000 $150,000 $150,000 $46,632,609

$11,060,774 $83,866 $4
$150,000 $150,000 $150,000 $46,632,609

211.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$417,524

$417,524

$417,524

211.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$712,840

$712,840

$712,840

211.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$2,054,011

$2,054,011

$2,054,011

211.4 Increase funds to annualize the cost of operating the Public Health Laboratory in Waycross.

State General Funds

$536,907

$536,907

$536,907

211.5 Increase funds to raise nurse salaries to 85% of the market as identified in the Georgia Merit System Compensation and Benefits Study.

State General Funds

$76,325

211.0Infectious Disease Control

Appropriation (HB 95)

The purpose of this appropriation is to ensure quality prevention and treatment of HIV/AIDS, sexually transmitted diseases, tuberculosis, and other infectious diseases.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778

$39,059,247 $39,059,247 $11,144,644 $11,060,774
$83,866 $4

$39,059,247 $39,059,247 $11,144,644 $11,060,774
$83,866 $4

$39,135,572 $39,135,572 $11,144,644 $11,060,774
$83,866 $4

TUESDAY, APRIL 17, 2007

3071

TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$150,000 $150,000 $150,000 $50,353,891

$150,000 $150,000 $150,000 $50,353,891

$150,000 $150,000 $150,000 $50,430,216

Injury Prevention

Continuation Budget

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991
TOTAL PUBLIC FUNDS

$934,622 $934,622 $112,013
$7 $1 $112,005 $1,046,635

$934,622 $934,622 $112,013
$7 $1 $112,005 $1,046,635

$934,622 $934,622 $112,013
$7 $1 $112,005 $1,046,635

212.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$17,449

$17,449

$17,449

212.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$29,790

$29,790

$29,790

212.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$85,840

$85,840

$85,840

212.4 Increase funds for suicide prevention activities.

Tobacco Settlement Funds

$300,000

212.98 Transfer all funds and activities from the Adolescent and Adult Health Promotion, Infant and Child Health Promotion, Injury Prevention, and Substance Abuse Prevention programs to create a new Prevention and Health Promotion program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

212.0Injury Prevention

Appropriation (HB 95)

3072

JOURNAL OF THE 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.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991
TOTAL PUBLIC FUNDS

$1,067,701 $1,067,701
$112,013 $7 $1
$112,005 $1,179,714

$1,067,701 $1,067,701
$112,013 $7 $1
$112,005 $1,179,714

$1,367,701 $1,067,701
$300,000 $112,013
$7 $1 $112,005 $1,479,714

Inspections and Environmental Hazard Control

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$14,471,588 $14,471,588
$543,737 $4
$194,703 $12,258
$336,772 $1 $1 $1
$15,015,326

$14,471,588 $14,471,588
$543,737 $4
$194,703 $12,258
$336,772 $1 $1 $1
$15,015,326

$14,471,588 $14,471,588
$543,737 $4
$194,703 $12,258
$336,772 $1 $1 $1
$15,015,326

213.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$53,926

$53,926

$53,926

213.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$92,068

$92,068

$92,068

TUESDAY, APRIL 17, 2007

3073

213.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$265,289

$265,289

$265,289

213.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$134,667

$134,667

$134,667

213.5 Reduce funds.

Sales and Services Not Itemized

($1)

($1)

($1)

213.6 Increase funds to raise nurse salaries to 85% of the market as identified in the Georgia Merit System Compensation and Benefits Study.

State General Funds

$3,998

213.0Inspections and Environmental Hazard Control

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991
TOTAL PUBLIC FUNDS

$15,017,538 $15,017,538
$543,737 $4
$194,703 $12,258
$336,772 $15,561,275

$15,017,538 $15,017,538
$543,737 $4
$194,703 $12,258
$336,772 $15,561,275

$15,021,536 $15,021,536
$543,737 $4
$194,703 $12,258
$336,772 $15,565,273

Out of Home Care

Continuation Budget

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658

$148,012,773 $148,012,773 $90,971,341
$4,561,189 $24,469,353

$148,012,773 $148,012,773 $90,971,341
$4,561,189 $24,469,353

$148,012,773 $148,012,773 $90,971,341
$4,561,189 $24,469,353

3074

JOURNAL OF THE HOUSE

Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$61,940,799 $61,940,799 $66,419,089 $66,419,089 $66,419,089 $305,403,203

$61,940,799 $61,940,799 $66,419,089 $66,419,089 $66,419,089 $305,403,203

$61,940,799 $61,940,799 $66,419,089 $66,419,089 $66,419,089 $305,403,203

214.1 Transfer funds and activities for child and adolescent therapeutic treatment services to the Child and Adolescent Mental Health Services program.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($33,024,017) ($51,046,460) ($84,070,477)

($33,024,017) ($51,046,460) ($84,070,477)

($33,024,017) ($51,046,460) ($84,070,477)

214.2 Transfer funds and activities for Grandparents Raising Grandchildren to the Support for Needy Families-Family Assistance program.

Temporary Assistance for Needy Families Grant CFDA93.558

($1,300,000) ($1,300,000) ($1,300,000)

214.3 Reduce funds due to the conversion of the state's institutional foster care system (reflects the Governor's TANF plan on page 200 of the Governor's Budget Report).

Temporary Assistance for Needy Families Grant CFDA93.558

($6,500,000) ($6,500,000) ($6,500,000)

214.4 Replace funds to reflect changes in the Federal Financial Participation (FFP) rate for Medicaid.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($1,308,496) $1,308,496
$0

214.0Out of Home Care

Appropriation (HB 95)

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658

$114,988,756 $114,988,756 $83,171,341
$4,561,189 $24,469,353

$114,988,756 $114,988,756 $83,171,341
$4,561,189 $24,469,353

$113,680,260 $113,680,260 $84,479,837
$4,561,189 $24,469,353

TUESDAY, APRIL 17, 2007

3075

Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families
Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$54,140,799 $54,140,799 $15,372,629 $15,372,629 $15,372,629 $213,532,726

$54,140,799 $54,140,799 $15,372,629 $15,372,629 $15,372,629 $213,532,726

$1,308,496 $54,140,799 $54,140,799 $15,372,629 $15,372,629 $15,372,629 $213,532,726

Refugee Assistance

Continuation Budget

The purpose of this appropriation is to provide employment, health screening, medical, cash, and social services assistance to

refugees.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $3,184,010 $3,184,010 $3,184,010

$0 $0 $3,184,010 $3,184,010 $3,184,010

$0 $0 $3,184,010 $3,184,010 $3,184,010

215.98 Transfer all funds and activities from the After School Care, Child Care Services, Eligibility Determination, Energy Assistance, Food Stamp Eligibility and Benefits, Refugee Assistance, Support for Needy Families-Basic Assistance, Support for Needy Families-Work Assistance, and Support for Needy Families-Family Assistance programs to create a new Economic

Assistance program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

215.0Refugee Assistance

Appropriation (HB 95)

The purpose of this appropriation is to provide employment, health screening, medical, cash, and social services assistance to refugees.

TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$3,184,010 $3,184,010 $3,184,010

$3,184,010 $3,184,010 $3,184,010

$3,184,010 $3,184,010 $3,184,010

Substance Abuse Prevention

Continuation Budget

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.

3076

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Grant CFDA93.959
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$758,691 $758,691 $10,512,486 $320,397
$1 $10,192,088
$4 $4 $4 $11,271,181

$758,691 $758,691 $10,512,486 $320,397
$1 $10,192,088
$4 $4 $4 $11,271,181

$758,691 $758,691 $10,512,486 $320,397
$1 $10,192,088
$4 $4 $4 $11,271,181

216.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$48,424

$48,424

$48,424

216.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$82,673

$82,673

$82,673

216.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$238,221

$238,221

$238,221

216.98 Transfer all funds and activities from the Adolescent and Adult Health Promotion, Infant and Child Health Promotion, Injury Prevention, and Substance Abuse Prevention programs to create a new Prevention and Health Promotion program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

216.0Substance Abuse Prevention

Appropriation (HB 95)

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized

$1,128,009 $1,128,009 $10,512,486
$320,397

$1,128,009 $1,128,009 $10,512,486
$320,397

$1,128,009 $1,128,009 $10,512,486
$320,397

TUESDAY, APRIL 17, 2007

3077

Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL AGENCY FUNDS Sales and Services
Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$1 $10,192,088
$4 $4 $4 $11,640,499

$1 $10,192,088
$4 $4 $4 $11,640,499

$1 $10,192,088
$4 $4 $4 $11,640,499

Support for Needy Families - Basic Assistance

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TANF Unobligated Balance per 42 USC 604
TOTAL PUBLIC FUNDS

$14,400,000 $14,400,000 $85,568,339 $55,630,375 $55,630,375 $29,937,964 $99,968,339

$14,400,000 $14,400,000 $85,568,339 $55,630,375 $55,630,375 $29,937,964 $99,968,339

$14,400,000 $14,400,000 $85,568,339 $55,630,375 $55,630,375 $29,937,964 $99,968,339

217.1 Reduce funds from direct cash assistance payments due to declining caseloads (reflects the Governor's TANF plan on page 200 of the Governor's Budget Report).

Temporary Assistance for Needy Families Grant CFDA93.558

($12,100,000) ($12,100,000) ($12,100,000)

217.2 Transfer funds to the Department of Community Affairs-Special Housing Initiatives program for grants to organizations, nonprofits, collaboratives or housing authorities to provide programs for the preservation of healthy marriages among lowincome individuals. (H:Recognize in the Federal Unobligated Balances program)

Temporary Assistance for Needy Families Grant CFDA93.558

$100,000

$100,000

217.3 Replace funds.

Temporary Assistance for Needy Families Grant CFDA93.558 TANF Unobligated Balance per 42 USC 604 TOTAL PUBLIC FUNDS

($1,349,000) $1,349,000
$0

($4,325,895) $4,325,895
$0

217.4 Recognize qualified food bank programs as Maintenance of Effort (MOE) for TANF in the Department Administration program and replace funds.

3078

JOURNAL OF THE HOUSE

State General Funds Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS

($4,084,473) $4,084,473
$0

217.98 Transfer all funds and activities from the After School Care, Child Care Services, Eligibility Determination, Energy Assistance, Food Stamp Eligibility and Benefits, Refugee Assistance, Support for Needy Families-Basic Assistance, Support for Needy Families-Work Assistance, and Support for Needy Families-Family Assistance programs to create a new Economic Assistance program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

217.0Support for Needy Families - Basic Assistance

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TANF Unobligated Balance per 42 USC 604
TOTAL PUBLIC FUNDS

$14,400,000 $14,400,000 $73,468,339 $42,181,375 $42,181,375 $31,286,964 $87,868,339

$14,400,000 $14,400,000 $73,568,339 $43,630,375 $43,630,375 $29,937,964 $87,968,339

$10,315,527 $10,315,527 $77,652,812 $43,388,953 $43,388,953 $34,263,859 $87,968,339

Support for Needy Families - Family Assistance

Continuation Budget

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Community Services Block Grant CFDA93.569 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families

$17,902,053 $17,902,053 $64,126,846 $17,185,183 $10,643,225 $1,516,099 $9,905,211 $24,877,128

$17,902,053 $17,902,053 $64,126,846 $17,185,183 $10,643,225 $1,516,099 $9,905,211 $24,877,128

$17,902,053 $17,902,053 $64,126,846 $17,185,183 $10,643,225 $1,516,099 $9,905,211 $24,877,128

TUESDAY, APRIL 17, 2007

3079

Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS

$24,877,128 $82,028,899

$24,877,128 $82,028,899

$24,877,128 $82,028,899

218.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$187,489

$187,489

$187,489

218.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$320,099

$320,099

$320,099

218.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$922,352

$922,352

$922,352

218.4 Transfer funds ($1,300,000) and activities for Grandparents Raising Grandchildren from the Out of Home Care program and increase funds ($1,349,000). (S:$250,000 to the Clayton County Kinship Program for Grandparents Raising Grandchildren activities)

State General Funds Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS

$2,649,000

$2,649,000

$250,000 $2,649,000 $2,899,000

218.5 Reduce funds from renegotiated contracts.

State General Funds

($177,136)

($177,136)

($177,136)

218.6 Eliminate funds from the relocation of various county Department of Family and Children Services (DFCS) offices.
Sites: Banks County, Bryan County, Gordon County, Randolph County

State General Funds Foster Care Title IV-E CFDA93.658 TOTAL PUBLIC FUNDS

($200,000) ($200,000) ($400,000)

($200,000) ($200,000) ($400,000)

($200,000) ($200,000) ($400,000)

218.7 Increase funds for DFCS office expansions, renovations, or relocations in the following counties: Oconee ($50,000), Walton ($120,000), Carroll ($245,000) (S:Add Liberty - $257,000 and Treutlen - $49,000)

State General Funds

$415,000

$721,000

218.8 Replace funds to reflect changes in the Federal Financial Participation (FFP) rate for Medicaid.

3080

JOURNAL OF THE HOUSE

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($767,099) $767,099
$0

218.98 Transfer all funds and activities from the After School Care, Child Care Services, Eligibility Determination, Energy Assistance, Food Stamp Eligibility and Benefits, Refugee Assistance, Support for Needy Families-Basic Assistance, Support for Needy Families-Work Assistance, and Support for Needy Families-Family Assistance programs to create a new Economic Assistance program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

218.0Support for Needy Families - Family Assistance

Appropriation (HB 95)

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Community Services Block Grant CFDA93.569 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS

$18,954,857 $18,954,857 $66,575,846 $17,185,183 $10,643,225 $1,316,099 $9,905,211 $27,526,128 $27,526,128 $85,530,703

$19,369,857 $19,369,857 $66,575,846 $17,185,183 $10,643,225 $1,316,099 $9,905,211 $27,526,128 $27,526,128 $85,945,703

$19,158,758 $19,158,758 $67,342,945 $17,185,183 $10,643,225 $1,316,099 $10,672,310 $27,526,128 $27,526,128 $86,501,703

Support for Needy Families - Work Assistance

Continuation Budget

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families

$26,000,000 $26,000,000 $31,687,281
$1 $1 $31,687,279

$26,000,000 $26,000,000 $31,687,281
$1 $1 $31,687,279

$26,000,000 $26,000,000 $31,687,281
$1 $1 $31,687,279

TUESDAY, APRIL 17, 2007

3081

Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS

$31,687,279 $57,687,281

$31,687,279 $57,687,281

$31,687,279 $57,687,281

219.1 Reduce funds from work assistance grants due to declining caseloads (reflects the Governor's TANF plan on page 200 of the Governor's Budget Report).

Temporary Assistance for Needy Families Grant CFDA93.558

($1,500,000) ($1,500,000) ($1,500,000)

219.2 Increase funds to reflect contracts with the Department of Labor (Reflects a $3,100,000 decrease for work assistance contracts due to declining caseloads).

Temporary Assistance for Needy Families Grant CFDA93.558

$6,900,000

$6,900,000

$6,900,000

219.3 Increase funds to reflect contracts with the Department of Technical and Adult Education (Reflects a $1,000,000 decrease for contracts due to declining caseloads).

Temporary Assistance for Needy Families Grant CFDA93.558

$6,500,000

$6,500,000

$3,500,000

219.98 Transfer all funds and activities from the After School Care, Child Care Services, Eligibility Determination, Energy Assistance, Food Stamp Eligibility and Benefits, Refugee Assistance, Support for Needy Families-Basic Assistance, Support for Needy Families-Work Assistance, and Support for Needy Families-Family Assistance programs to create a new Economic Assistance program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

219.0Support for Needy Families - Work Assistance

Appropriation (HB 95)

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS

$26,000,000 $26,000,000 $43,587,281
$1 $1 $43,587,279 $43,587,279 $69,587,281

$26,000,000 $26,000,000 $43,587,281
$1 $1 $43,587,279 $43,587,279 $69,587,281

$26,000,000 $26,000,000 $40,587,281
$1 $1 $40,587,279 $40,587,279 $66,587,281

Vital Records

Continuation Budget

3082

JOURNAL OF THE 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.

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

$2,226,143 $2,226,143
$360,702 $360,702
$2 $2 $2 $2,586,847

$2,226,143 $2,226,143
$360,702 $360,702
$2 $2 $2 $2,586,847

$2,226,143 $2,226,143
$360,702 $360,702
$2 $2 $2 $2,586,847

220.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$77,465

$77,465

$77,465

220.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$132,257

$132,257

$132,257

220.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$381,090

$381,090

$381,090

220.4 Increase funds to raise nurse salaries to 85% of the market as identified in the Georgia Merit System Compensation and Benefits Study.

State General Funds

$7,134

220.0Vital Records

Appropriation (HB 95)

The purpose of this appropriation is to register, enter, archive and provide to the public in a timely manner, vital records and associated documents.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS

$2,816,955 $2,816,955
$360,702 $360,702
$2

$2,816,955 $2,816,955
$360,702 $360,702
$2

$2,824,089 $2,824,089
$360,702 $360,702
$2

TUESDAY, APRIL 17, 2007

3083

Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$2 $2 $3,177,659

$2 $2 $3,177,659

$2 $2 $3,184,793

Brain and Spinal Injury Trust Fund

Continuation Budget

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 Brain and Spinal Injury Trust Fund State General Funds
TOTAL PUBLIC FUNDS

$3,007,691 $3,007,691
$0 $3,007,691

$3,007,691 $3,007,691
$0 $3,007,691

$3,007,691 $3,007,691
$0 $3,007,691

221.1 Annualize the cost of the FY07 salary adjustment.

Brain and Spinal Injury Trust Fund

$6,764

$6,764

$6,764

221.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

Brain and Spinal Injury Trust Fund

$11,548

$11,548

$11,548

221.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

Brain and Spinal Injury Trust Fund

$33,275

$33,275

$33,275

221.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

Brain and Spinal Injury Trust Fund

$3,916

$3,916

$3,916

221.0Brain and Spinal Injury Trust Fund

Appropriation (HB 95)

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 Brain and Spinal Injury Trust Fund
TOTAL PUBLIC FUNDS

$3,063,194 $3,063,194 $3,063,194

$3,063,194 $3,063,194 $3,063,194

$3,063,194 $3,063,194 $3,063,194

Children's Trust Fund Commission

Continuation Budget

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.

3084

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized
TOTAL PUBLIC FUNDS

$7,244,828 $7,244,828
$250,000 $250,000 $250,000
$2 $1 $1 $1 $1 $7,494,830

$7,244,828 $7,244,828
$250,000 $250,000 $250,000
$2 $1 $1 $1 $1 $7,494,830

$7,244,828 $7,244,828
$250,000 $250,000 $250,000
$2 $1 $1 $1 $1 $7,494,830

222.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$4,633

$4,633

$4,633

222.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$7,909

$7,909

$7,909

222.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$22,792

$22,792

$22,792

222.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$2,610

$2,610

$2,610

222.5 Reduce funds.

Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS

($1)

($1)

($1)

($1)

($1)

($1)

($2)

($2)

($2)

222.6 Increase funds to Children's Advocacy Centers of Georgia for a web-based tracking system. [One-Time Change]

State General Funds

$250,000

$250,000

222.0Children's Trust Fund Commission

Appropriation (HB 95)

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.

TUESDAY, APRIL 17, 2007

3085

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS

$7,282,772 $7,282,772
$250,000 $250,000 $250,000 $7,532,772

$7,532,772 $7,532,772
$250,000 $250,000 $250,000 $7,782,772

$7,532,772 $7,532,772
$250,000 $250,000 $250,000 $7,782,772

Council on Aging

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$174,761 $174,761 $174,761

$174,761 $174,761 $174,761

$174,761 $174,761 $174,761

223.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$2,400

$2,400

$2,400

223.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$4,097

$4,097

$4,097

223.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$11,806

$11,806

$11,806

223.0Council on Aging

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$193,064 $193,064 $193,064

$193,064 $193,064 $193,064

$193,064 $193,064 $193,064

Developmental Disabilities, Governor's Council on

Continuation Budget

The purpose of this appropriation is to promote quality services and support for people with developmental disabilities and their

families.

3086

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$29,705 $29,705 $2,262,002 $2,262,002 $2,291,707

$29,705 $29,705 $2,262,002 $2,262,002 $2,291,707

$29,705 $29,705 $2,262,002 $2,262,002 $2,291,707

224.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$3,721

$3,721

$3,721

224.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$6,352

$6,352

$6,352

224.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$18,305

$18,305

$18,305

224.0Developmental Disabilities, Governor's Council on

Appropriation (HB 95)

The purpose of this appropriation is to promote quality services and support for people with developmental disabilities and their families.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$58,083 $58,083 $2,262,002 $2,262,002 $2,320,085

$58,083 $58,083 $2,262,002 $2,262,002 $2,320,085

$58,083 $58,083 $2,262,002 $2,262,002 $2,320,085

Sexual Offender Review Board

Continuation Budget

TOTAL STATE FUNDS State General Funds

$0

$0

$0

$0

$0

$0

401.1 Increase funds for expanded duties of the Sexual Offender Review Board due to HB1059 (2006 Session) "Sexual Predators Act". (H:Recognize in the Departmental Administration program)

State General Funds

$336,001

$336,001

$336,001

TUESDAY, APRIL 17, 2007

3087

401.0Sexual Offender Review Board

Appropriation (HB 95)

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$336,001 $336,001 $336,001

$336,001 $336,001 $336,001

$336,001 $336,001 $336,001

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

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

$17,686,741 $17,686,741
$954,555 $954,555
$97,232 $97,232 $18,738,528

$17,686,741 $17,686,741
$954,555 $954,555
$97,232 $97,232 $18,738,528

$17,686,741 $17,686,741
$954,555 $954,555
$97,232 $97,232 $18,738,528

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized

$18,923,386 $18,923,386
$954,555 $954,555

Section Total - Final

$18,923,386 $18,923,386
$954,555 $954,555

$18,893,621 $18,893,621
$954,555 $954,555

3088

JOURNAL OF THE HOUSE

TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

$97,232 $97,232 $19,975,173

$97,232 $97,232 $19,975,173

$97,232 $97,232 $19,945,408

Departmental Administration

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$2,295,936 $2,295,936 $2,295,936

$2,295,936 $2,295,936 $2,295,936

$2,295,936 $2,295,936 $2,295,936

225.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$18,271

$18,271

$18,271

225.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$34,245

$34,245

$34,245

225.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$91,736

$91,736

$91,736

225.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$10,195

$10,195

$10,195

225.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$912

$912

$912

225.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($3,126) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($3,126)

225.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($3,000) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($3,000)

225.0Departmental Administration

Appropriation (HB 95)

TUESDAY, APRIL 17, 2007

3089

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 State General Funds
TOTAL PUBLIC FUNDS

$2,451,295 $2,451,295 $2,451,295

$2,451,295 $2,451,295 $2,451,295

$2,445,169 $2,445,169 $2,445,169

Enforcement

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$812,230 $812,230 $812,230

$812,230 $812,230 $812,230

$812,230 $812,230 $812,230

226.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$6,131

$6,131

$6,131

226.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$11,559

$11,559

$11,559

226.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$30,965

$30,965

$30,965

226.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$3,441

$3,441

$3,441

226.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$3,475

$3,475

$3,475

226.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($1,509) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($1,509)

226.0 Enforcement

Appropriation (HB 95)

3090

JOURNAL OF THE HOUSE

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 State General Funds
TOTAL PUBLIC FUNDS

$867,801 $867,801 $867,801

$867,801 $867,801 $867,801

$866,292 $866,292 $866,292

Fire Safety

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$5,134,731 $5,134,731
$954,555 $954,555
$97,232 $97,232 $97,232 $6,186,518

$5,134,731 $5,134,731
$954,555 $954,555
$97,232 $97,232 $97,232 $6,186,518

$5,134,731 $5,134,731
$954,555 $954,555
$97,232 $97,232 $97,232 $6,186,518

227.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$39,232

$39,232

$39,232

227.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$89,077

$89,077

$89,077

227.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$238,617

$238,617

$238,617

227.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$26,519

$26,519

$26,519

227.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$5,626

$5,626

$5,626

227.6 Increase funds to replace a motor vehicle with mileage in excess of 135,000.

State General Funds

$14,943

TUESDAY, APRIL 17, 2007

3091

227.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($3,127) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($3,127)

227.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($5,350) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($5,350)

227.0Fire Safety

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$5,533,802 $5,533,802
$954,555 $954,555
$97,232 $97,232 $97,232 $6,585,589

$5,533,802 $5,533,802
$954,555 $954,555
$97,232 $97,232 $97,232 $6,585,589

$5,540,268 $5,540,268
$954,555 $954,555
$97,232 $97,232 $97,232 $6,592,055

Industrial Loan

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$723,126 $723,126 $723,126

$723,126 $723,126 $723,126

$723,126 $723,126 $723,126

228.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$5,479

$5,479

$5,479

228.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$10,356

$10,356

$10,356

3092

JOURNAL OF THE HOUSE

228.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$27,742

$27,742

$27,742

228.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$3,083

$3,083

$3,083

228.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$748

$748

$748

228.6 Increase funds to replace a motor vehicle with mileage in excess of 135,000.

State General Funds

$13,860

228.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($1,509) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($1,509)

228.0Industrial Loan

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$770,534 $770,534 $770,534

$770,534 $770,534 $770,534

$782,885 $782,885 $782,885

Insurance Regulation

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$5,617,954 $5,617,954 $5,617,954

$5,617,954 $5,617,954 $5,617,954

$5,617,954 $5,617,954 $5,617,954

229.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$43,952

$43,952

$43,952

229.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

TUESDAY, APRIL 17, 2007

3093

State General Funds

$81,627

$81,627

$81,627

229.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$218,663

$218,663

$218,663

229.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$24,302

$24,302

$24,302

229.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$17,018

$17,018

$17,018

229.6 Reduce funds from operations.

State General Funds

($13,860)

229.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($3,126) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($3,126)

229.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($5,000) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($5,000)

229.0Insurance Regulation

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$6,003,516 $6,003,516 $6,003,516

$6,003,516 $6,003,516 $6,003,516

$5,981,530 $5,981,530 $5,981,530

Special Fraud

Continuation Budget

The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,102,764 $3,102,764 $3,102,764

$3,102,764 $3,102,764 $3,102,764

$3,102,764 $3,102,764 $3,102,764

3094

JOURNAL OF THE HOUSE

230.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$20,598

$20,598

$20,598

230.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$40,572

$40,572

$40,572

230.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$108,685

$108,685

$108,685

230.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$12,080

$12,080

$12,080

230.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$11,739

$11,739

$11,739

230.6 Reduce funds from operations.

State General Funds

($14,943)

230.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($4,018) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($4,018)

230.0Special Fraud

Appropriation (HB 95)

The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,296,438 $3,296,438 $3,296,438

$3,296,438 $3,296,438 $3,296,438

$3,277,477 $3,277,477 $3,277,477

Section 29: Investigation, Georgia Bureau of

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized

$65,881,591 $65,881,591 $29,883,487 $29,883,487

$65,881,591 $65,881,591 $29,883,487 $29,883,487

$65,881,591 $65,881,591 $29,883,487 $29,883,487

TUESDAY, APRIL 17, 2007

3095

TOTAL AGENCY FUNDS Sales and Services Sanctions, Fines, and Penalties
TOTAL PUBLIC FUNDS

$4,887,711 $4,565,350
$322,361 $100,652,789

$4,887,711 $4,565,350
$322,361 $100,652,789

$4,887,711 $4,565,350
$322,361 $100,652,789

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sanctions, Fines, and Penalties
TOTAL PUBLIC FUNDS

$73,538,123 $73,538,123 $29,883,487 $29,883,487 $4,887,711 $4,565,350
$322,361 $108,309,321

Section Total - Final

$73,538,123 $73,538,123 $29,883,487 $29,883,487 $4,887,711 $4,565,350
$322,361 $108,309,321

$74,268,077 $74,268,077 $29,883,487 $29,883,487 $4,887,711 $4,565,350
$322,361 $109,039,275

Bureau Administration

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$9,634,077 $9,634,077
$6,812 $6,812 $1,434 $1,434 $1,434 $9,642,323

$9,634,077 $9,634,077
$6,812 $6,812 $1,434 $1,434 $1,434 $9,642,323

$9,634,077 $9,634,077
$6,812 $6,812 $1,434 $1,434 $1,434 $9,642,323

231.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$55,802

$55,802

$55,802

231.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" and "C" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$66,021

$66,021

$66,021

3096

JOURNAL OF THE HOUSE

231.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$173,114

$173,114

$173,114

231.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$37,875

$37,875

$37,875

231.5 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations.

State General Funds

($71,380)

($71,380)

($71,380)

231.6 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to reduce funds from operations.

State General Funds

($25,270)

($25,270)

($25,270)

231.7 Increase funds for major repairs and renovations to statewide regional offices. [One-Time Change]

State General Funds

$118,000

$118,000

$118,000

231.8 Increase funds to provide for an electrical system upgrade at the headquarters facility. [One-Time Change]

State General Funds

$1,050,000

$1,050,000

$1,050,000

231.0Bureau Administration

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$11,038,239 $11,038,239
$6,812 $6,812 $1,434 $1,434 $1,434 $11,046,485

$11,038,239 $11,038,239
$6,812 $6,812 $1,434 $1,434 $1,434 $11,046,485

$11,038,239 $11,038,239
$6,812 $6,812 $1,434 $1,434 $1,434 $11,046,485

Centralized Scientific Services

Continuation Budget

The purpose of this appropriation is to provide analysis of illicit and licit drugs, unknown substances, and fire debris evidence.

TOTAL STATE FUNDS State General Funds

$12,605,551 $12,605,551

$12,605,551 $12,605,551

$12,605,551 $12,605,551

TUESDAY, APRIL 17, 2007

3097

TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$3,601 $3,601 $3,601 $12,609,152

$3,601 $3,601 $3,601 $12,609,152

$3,601 $3,601 $3,601 $12,609,152

232.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$136,667

$136,667

$136,667

232.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" and "C" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$175,813

$175,813

$175,813

232.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$460,823

$460,823

$460,823

232.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$92,765

$92,765

$92,765

232.5 Increase funds for operations.

State General Funds

$350,000

$350,000

$350,000

232.6 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations.

State General Funds

($77)

($77)

($77)

232.0Centralized Scientific Services

Appropriation (HB 95)

The purpose of this appropriation is to provide analysis of illicit and licit drugs, unknown substances, and fire debris evidence.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$13,821,542 $13,821,542
$3,601 $3,601 $3,601 $13,825,143

$13,821,542 $13,821,542
$3,601 $3,601 $3,601 $13,825,143

$13,821,542 $13,821,542
$3,601 $3,601 $3,601 $13,825,143

Criminal Justice Information Services

Continuation Budget

3098

JOURNAL OF THE HOUSE

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$9,678,634 $9,678,634
$2,604 $2,604 $2,604 $9,681,238

$9,678,634 $9,678,634
$2,604 $2,604 $2,604 $9,681,238

$9,678,634 $9,678,634
$2,604 $2,604 $2,604 $9,681,238

233.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$97,882

$97,882

$97,882

233.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" and "C" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$114,999

$114,999

$114,999

233.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$301,541

$301,541

$301,541

233.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$66,435

$66,435

$66,435

233.5 Increase funds to relocate servers and communication equipment located at Headquarters. [One-Time Change]

State General Funds

$225,131

$225,131

$225,131

233.6 Realize Commission for a New Georgia savings through the E-Procurement initiative to reduce funds from operations.

State General Funds

($26,313)

($26,313)

($26,313)

233.0Criminal Justice Information Services

Appropriation (HB 95)

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 State General Funds

$10,458,309 $10,458,309

$10,458,309 $10,458,309

$10,458,309 $10,458,309

TUESDAY, APRIL 17, 2007

3099

TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$2,604 $2,604 $2,604 $10,460,913

$2,604 $2,604 $2,604 $10,460,913

$2,604 $2,604 $2,604 $10,460,913

Georgia Information Sharing and Analysis Center

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$824,274 $824,274
$479 $479 $479 $824,753

$824,274 $824,274
$479 $479 $479 $824,753

$824,274 $824,274
$479 $479 $479 $824,753

234.1 Annualize the cost of the FY07 salary adjustment ($9,775) and the 3% salary adjustment for law enforcement personnel ($6,100).

State General Funds

$15,875

$15,875

$15,875

234.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" and "C" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$12,077

$12,077

$12,077

234.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$31,667

$31,667

$31,667

234.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$6,636

$6,636

$6,636

234.99 SAC: The purpose of this appropriation 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 24-hour access to needed information. House: The purpose of this appropriation 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.

3100

JOURNAL OF THE HOUSE

Governor: 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.

State General Funds

$0

$0

$0

234.0Georgia Information Sharing and Analysis Center

Appropriation (HB 95)

The purpose of this appropriation 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 24-hour access to needed information.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$890,529 $890,529
$479 $479 $479 $891,008

$890,529 $890,529
$479 $479 $479 $891,008

$890,529 $890,529
$479 $479 $479 $891,008

Regional Forensic Services

Continuation Budget

The purpose of this appropriation is to provide pathology services to determine cause and manner of death.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$8,215,666 $8,215,666
$2,255 $2,255 $2,255 $8,217,921

$8,215,666 $8,215,666
$2,255 $2,255 $2,255 $8,217,921

$8,215,666 $8,215,666
$2,255 $2,255 $2,255 $8,217,921

235.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$87,900

$87,900

$87,900

235.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (S:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" and "C" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$94,584

$94,584

$94,584

TUESDAY, APRIL 17, 2007

3101

235.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$247,832

$247,832

$247,832

235.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$59,660

$59,660

$59,660

235.5 Reduce funds from operations.

State General Funds

($350,000)

($350,000)

($350,000)

235.6 Increase funds for major repairs and renovations to statewide regional offices. [One-Time Change]

State General Funds

$129,000

$129,000

$129,000

235.0Regional Forensic Services

Appropriation (HB 95)

The purpose of this appropriation is to provide pathology services to determine cause and manner of death.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$8,484,642 $8,484,642
$2,255 $2,255 $2,255 $8,486,897

$8,484,642 $8,484,642
$2,255 $2,255 $2,255 $8,486,897

$8,484,642 $8,484,642
$2,255 $2,255 $2,255 $8,486,897

Regional Investigative Services

Continuation Budget

The purpose of this appropriation is to identify, collect, preserve, and process evidence located during crime scene examinations.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$20,852,981 $20,852,981
$204,482 $204,482 $204,482 $21,057,463

$20,852,981 $20,852,981
$204,482 $204,482 $204,482 $21,057,463

$20,852,981 $20,852,981
$204,482 $204,482 $204,482 $21,057,463

236.1 Annualize the cost of the FY07 salary adjustment ($233,276) and the 3% salary adjustment for law enforcement personnel

($163,479).

State General Funds

$396,755

$396,755

$396,755

3102

JOURNAL OF THE HOUSE

236.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" and "C" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$307,256

$307,256

$307,256

236.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$805,657

$805,657

$805,657

236.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$158,332

$158,332

$158,332

236.5 Increase funds to add six Special Agent positions and fill nine vacant Special Agent positions for the Meth Force to investigate methamphetamine related crimes.

State General Funds

$886,939

$886,939

$886,939

236.6 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to increase funds for the Meth Force.

State General Funds

$97,770

$97,770

$97,770

236.7 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to increase funds for the Meth Force.

State General Funds

$25,270

$25,270

$25,270

236.8 Increase funds for an additional eight Special Agent positions, four Computer Forensic Specialists positions and fill one Computer Specialist position to implement the Child Safety Initiative (CSI) to investigate child internet predator and child pornography cases.

State General Funds

$845,791

$845,791

$845,791

236.9 Increase funds to add three Special Agent positions to implement the Georgia SecureID initiative.

State General Funds

$201,996

$201,996

$201,996

236.10 Increase funds for major repairs and renovations to statewide regional offices. [One-Time Change]

State General Funds

$236,000

$236,000

$236,000

236.11 Increase funds for one-time costs associated with eight additional Special Agents, four additional Forensic Computer Specialists and fill one vacancy for the Child Safety Initiative. [One-Time Change]

State General Funds

$302,632

TUESDAY, APRIL 17, 2007

3103

236.12 Increase funds for one-time costs associated with adding three Special Agents for the Georgia SecureID initiative. [One-Time
Change]

State General Funds

$89,262

236.13 Increase funds for one-time costs associated to fill nine vacant Special Agent positions and to add six positions for the Meth Force. [One-Time Change]

State General Funds

$339,153

236.98 Transfer all funds and activities from the Special Operations program. (G:YES)(H:YES)(S:NO)

State General Funds

$0

$0

$0

236.0Regional Investigative Services

Appropriation (HB 95)

The purpose of this appropriation is to identify, collect, preserve, and process evidence located during crime scene examinations.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$24,814,747 $24,814,747
$204,482 $204,482 $204,482 $25,019,229

$24,814,747 $24,814,747
$204,482 $204,482 $204,482 $25,019,229

$25,545,794 $25,545,794
$204,482 $204,482 $204,482 $25,750,276

Special Operations Unit The purpose of this appropriation is to render safe explosive devices of all types.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$784,154 $784,154
$200 $200 $200 $784,354

Continuation Budget

$784,154 $784,154
$200 $200 $200 $784,354

$784,154 $784,154
$200 $200 $200 $784,354

237.98 Transfer all funds and activities to the Regional Investigative Services program. (G:YES)(H:YES)(S:NO)

State General Funds

$0

$0

$0

237.99 SAC: The purpose of this appropriation is to respond to requests from law enforcement agencies statewide in order to render safe explosive devices of all types, and to assist in the identification, arrest and prosecution of individuals. House: The purpose of this appropriation is to respond on a statewide basis in order to render safe explosive devices of all

3104

JOURNAL OF THE HOUSE

types.

Assist

in

the

identification,

arrest

and

prosecution

of

individuals.

Governor: Respond on a statewide basis in order to render safe explosive devices of all types. Assist in the identification,

arrest and prosecution of individuals.

State General Funds

$0

$0

$0

237.0Special Operations Unit

Appropriation (HB 95)

The purpose of this appropriation is to respond to requests from law enforcement agencies statewide in order to render safe explosive devices of all types, and to assist in the identification, arrest and prosecution of individuals.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$784,154 $784,154
$200 $200 $200 $784,354

$784,154 $784,154
$200 $200 $200 $784,354

$784,154 $784,154
$200 $200 $200 $784,354

State Healthcare Fraud Unit

Continuation Budget

The purpose of this appropriation is to identify, arrest and prosecute providers of health care services who defraud the Medicaid

Program.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,124,121 $1,124,121
$387 $387 $387 $1,124,508

$1,124,121 $1,124,121
$387 $387 $387 $1,124,508

$1,124,121 $1,124,121
$387 $387 $387 $1,124,508

238.1 Annualize the cost of the FY07 salary adjustment ($6,887) and the 3% salary adjustment for law enforcement personnel ($6,000).

State General Funds

$12,887

$12,887

$12,887

238.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" and "C" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

TUESDAY, APRIL 17, 2007

3105

State General Funds

$7,609

$7,609

$7,609

238.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$19,946

$19,946

$19,946

238.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$4,674

$4,674

$4,674

238.0State Healthcare Fraud Unit

Appropriation (HB 95)

The purpose of this appropriation is to identify, arrest and prosecute providers of health care services who defraud the Medicaid Program.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,169,237 $1,169,237
$387 $387 $387 $1,169,624

$1,169,237 $1,169,237
$387 $387 $387 $1,169,624

$1,169,237 $1,169,237
$387 $387 $387 $1,169,624

Task Forces

Continuation Budget

The purpose of this appropriation is to provide the GBI supervisory support to 12 federally funded multi-jurisdictional drug task

forces.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,078,677 $1,078,677
$376 $376 $376 $1,079,053

$1,078,677 $1,078,677
$376 $376 $376 $1,079,053

$1,078,677 $1,078,677
$376 $376 $376 $1,079,053

239.1 Annualize the cost of the FY07 salary adjustment ($13,915) and the 3% salary adjustment for law enforcement personnel ($15,000).

State General Funds

$28,915

$28,915

$28,915

3106

JOURNAL OF THE HOUSE

239.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" and "C" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$16,712

$16,712

$16,712

239.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$43,822

$43,822

$43,822

239.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$9,444

$9,444

$9,444

239.0Task Forces

Appropriation (HB 95)

The purpose of this appropriation is to provide the GBI supervisory support to 12 federally funded multi-jurisdictional drug task forces.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,177,570 $1,177,570
$376 $376 $376 $1,177,946

$1,177,570 $1,177,570
$376 $376 $376 $1,177,946

$1,177,570 $1,177,570
$376 $376 $376 $1,177,946

Criminal Justice Coordinating Council

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties

$1,083,456 $1,083,456 $29,876,675 $29,876,675 $4,671,893 $4,349,532 $4,349,532
$322,361

$1,083,456 $1,083,456 $29,876,675 $29,876,675 $4,671,893 $4,349,532 $4,349,532
$322,361

$1,083,456 $1,083,456 $29,876,675 $29,876,675 $4,671,893 $4,349,532 $4,349,532
$322,361

TUESDAY, APRIL 17, 2007

3107

Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS

$322,361 $35,632,024

$322,361 $35,632,024

$322,361 $35,632,024

240.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$4,500

$4,500

$4,500

240.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$7,145

$7,145

$7,145

240.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$1,456

$1,456

$1,456

240.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$2,597

$2,597

$2,597

240.5 Reduce one-time funds received in HB1027 (FY07) for the Local Law Enforcement and Fire Services (LLEFS) grant.

State General Funds

($200,000)

($200,000)

($200,000)

240.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($47) for operations. (G:YES)(H:YES)(S:YES)

State General Funds

$0

$0

$0

240.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($1,093) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($1,093)

240.0Criminal Justice Coordinating Council

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services

$899,154 $899,154 $29,876,675 $29,876,675 $4,671,893 $4,349,532

$899,154 $899,154 $29,876,675 $29,876,675 $4,671,893 $4,349,532

$898,061 $898,061 $29,876,675 $29,876,675 $4,671,893 $4,349,532

3108

JOURNAL OF THE HOUSE

Sales and Services Not Itemized Sanctions, Fines, and Penalties
Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS

$4,349,532 $322,361 $322,361
$35,447,722

$4,349,532 $322,361 $322,361
$35,447,722

$4,349,532 $322,361 $322,361
$35,446,629

Section 30: Juvenile Justice, Department of

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds 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 Federal Funds Transfers
TOTAL PUBLIC FUNDS

$297,707,111 $297,707,111
$2,932,743 $2,932,743
$152,858 $152,858 $18,227,465 $18,227,465 $319,020,177

$297,707,111 $297,707,111
$2,932,743 $2,932,743
$152,858 $152,858 $18,227,465 $18,227,465 $319,020,177

$297,707,111 $297,707,111
$2,932,743 $2,932,743
$152,858 $152,858 $18,227,465 $18,227,465 $319,020,177

$326,356,559 $326,356,559
$2,823,666 $2,823,666
$152,858 $152,858 $18,227,465 $18,227,465 $347,560,548

Section Total - Final

$326,356,559 $326,356,559
$2,823,666 $2,823,666
$152,858 $152,858 $18,227,465 $18,227,465 $347,560,548

$318,988,293 $318,988,293
$2,823,666 $2,823,666
$152,858 $152,858 $18,227,465 $18,227,465 $340,192,282

Community Non-Secure Commitment

Continuation Budget

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 youth and

non-secure, community-based placements and/or services for lower-risk youth.

TUESDAY, APRIL 17, 2007

3109

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Foster Care Title IV-E CFDA93.658 FF Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS

$46,017,480 $46,017,480 $10,002,619 $10,002,619
$946,237 $9,056,382 $56,020,099

$46,017,480 $46,017,480 $10,002,619 $10,002,619
$946,237 $9,056,382 $56,020,099

$46,017,480 $46,017,480 $10,002,619 $10,002,619
$946,237 $9,056,382 $56,020,099

241.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$31,990

$31,990

$31,990

241.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$27,131

$27,131

$27,131

241.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$66,508

$66,508

$66,508

241.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$20,404

$20,404

$20,404

241.5 Increase funds to provide for a 4% Consumer Price Index (CPI) based inflationary adjustment for vendors providing placement services. (S:3% CPI)

State General Funds

$456,788

$456,788

$342,591

241.6 Increase funds to expand electronic monitoring services to supervise an additional sixty youth per day in the community and prevent unnecessary secure facility placements.

State General Funds

$163,287

$163,287

$163,287

241.7

Increase funds for the Peachstate Wrap Around Initiative (KidsNet) to develop a coordinated community of care for children and their families.
Sites: Bartow County, Chatham County, Dade County, Floyd County, Fulton County, Gwinnett County, Haralson County, Newton County, Paulding County, Polk County, Rockdale County, Walker County

State General Funds

$1,000,000

3110

JOURNAL OF THE HOUSE

241.0Community Non-Secure Commitment

Appropriation (HB 95)

The purpose of this appropriation is to protect the public, hold youth accountable for their actions and assist youth in becoming lawabiding citizens by providing non-hardware secure community based residential placement and/or services for committed youth and non-secure, community-based placements and/or services for lower-risk youth.

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Foster Care Title IV-E CFDA93.658 FF Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS

$46,783,588 $46,783,588 $10,002,619 $10,002,619
$946,237 $9,056,382 $56,786,207

$46,783,588 $46,783,588 $10,002,619 $10,002,619
$946,237 $9,056,382 $56,786,207

$47,669,391 $47,669,391 $10,002,619 $10,002,619
$946,237 $9,056,382 $57,672,010

Community Supervision

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Foster Care Title IV-E CFDA93.658 FF Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS

$42,739,092 $42,739,092
$7,898 $7,898 $7,898 $4,347,003 $4,347,003 $4,291,027 $55,976 $47,093,993

$42,739,092 $42,739,092
$7,898 $7,898 $7,898 $4,347,003 $4,347,003 $4,291,027 $55,976 $47,093,993

$42,739,092 $42,739,092
$7,898 $7,898 $7,898 $4,347,003 $4,347,003 $4,291,027 $55,976 $47,093,993

242.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$786,780

$786,780

$786,780

242.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (S:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

TUESDAY, APRIL 17, 2007

3111

State General Funds

$667,320

$667,320

$667,320

242.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$1,635,776

$1,635,776

$1,635,776

242.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$501,859

$501,859

$501,859

242.5 Transfer funds and ten positions associated with assessment and orientation from the Secure Commitment program.

State General Funds

$311,631

$311,631

$311,631

242.6 Increase funds to annualize the cost for thirty Intensive Supervision Program (ISP) staff.

State General Funds

$731,227

$731,227

$731,227

242.7 Increase funds for sixty-seven additional Juvenile Probation and Parole Specialists (JPPS) to supervise and provide rehabilitative services to youth placed in community settings rather than secure facilities.

State General Funds

$3,214,409

$3,214,409

$3,214,409

242.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($59,447) for acceleration of the refresh rate for computers. (G:YES)(H:YES)

State General Funds

$0

$0

($59,447)

242.0Community Supervision

Appropriation (HB 95)

The purpose of this appropriation is to protect the public, hold youth accountable for their actions, and assist youth in becoming lawabiding citizens.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Foster Care Title IV-E CFDA93.658 FF Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS

$50,588,094 $50,588,094
$7,898 $7,898 $7,898 $4,347,003 $4,347,003 $4,291,027 $55,976 $54,942,995

$50,588,094 $50,588,094
$7,898 $7,898 $7,898 $4,347,003 $4,347,003 $4,291,027 $55,976 $54,942,995

$50,528,647 $50,528,647
$7,898 $7,898 $7,898 $4,347,003 $4,347,003 $4,291,027 $55,976 $54,883,548

3112

JOURNAL OF THE HOUSE

Departmental Administration

Continuation Budget

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 State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Medical Assistance Program CFDA93.778 FF National School Lunch Program CFDA10.555
TOTAL PUBLIC FUNDS

$26,855,168 $26,855,168
$199,673 $199,673
$22,052 $177,621 $27,054,841

$26,855,168 $26,855,168
$199,673 $199,673
$22,052 $177,621 $27,054,841

$26,855,168 $26,855,168
$199,673 $199,673
$22,052 $177,621 $27,054,841

243.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$233,315

$233,315

$233,315

243.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (S:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$210,191

$210,191

$210,191

243.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$485,080

$485,080

$485,080

243.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$148,823

$148,823

$148,823

243.5 Transfer funds and one position from the apprehension unit from the Secure Commitment program.

State General Funds

$29,885

$29,885

$29,885

243.6 Utilize existing funds for a full-time psychiatrist for behavioral health services in various secure facilities and add one position. (G:YES)(H:YES)(S:Approval not required by the General Assembly)

State General Funds

$0

$0

$0

243.7 Transfer funds and activities associated with investigations at Youth Development Campuses (YDC) and Regional Youth Detention Centers (RYDC) from the Secure Commitment and Secure Detention programs to provide additional operating resources for twelve new investigators.

TUESDAY, APRIL 17, 2007

3113

State General Funds

$169,896

$169,896

$169,896

243.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($37,355) for acceleration of the refresh rate for computers. (G:YES)(H:YES)

State General Funds

$0

$0

($37,355)

243.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($44,270) for wireless broadband internet access for caseworkers. (G:YES)(H:YES)

State General Funds

$0

$0

($44,270)

243.0Departmental Administration

Appropriation (HB 95)

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 State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Medical Assistance Program CFDA93.778 FF National School Lunch Program CFDA10.555
TOTAL PUBLIC FUNDS

$28,132,358 $28,132,358
$199,673 $199,673
$22,052 $177,621 $28,332,031

$28,132,358 $28,132,358
$199,673 $199,673
$22,052 $177,621 $28,332,031

$28,050,733 $28,050,733
$199,673 $199,673
$22,052 $177,621 $28,250,406

Secure Commitment (YDCs)

Continuation Budget

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 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 Federal Funds Transfers

$85,728,300 $85,728,300 $1,071,666 $1,071,666
$48,800 $48,800 $48,800 $2,157,394 $2,157,394

$85,728,300 $85,728,300 $1,071,666 $1,071,666
$48,800 $48,800 $48,800 $2,157,394 $2,157,394

$85,728,300 $85,728,300 $1,071,666 $1,071,666
$48,800 $48,800 $48,800 $2,157,394 $2,157,394

3114

JOURNAL OF THE HOUSE

FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS

$2,157,394 $89,006,160

$2,157,394 $89,006,160

$2,157,394 $89,006,160

244.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$1,372,548

$1,372,548

$1,372,548

244.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (S:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$1,182,965

$1,182,965

$1,182,965

244.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$2,853,632

$2,853,632

$2,853,632

244.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$875,498

$875,498

$875,498

244.5

Increase funds to expand the 21st Century Learning Center After School Program to all Youth Developmental Centers (YDC) to provide structured after-hours educational and recreational activities and limit the occurrence of disruptions and other incidents.
Sites: Augusta State Youth Development Campus, Bill E. Ireland Youth Development Campus, Eastman Youth Development Campus, Macon Youth Development Campus, Muscogee Youth Development Campus, Sumter Youth Development Campus

State General Funds

$385,000

$385,000

$385,000

244.6 Increase funds to expand the Think Exit at Entry academic and employment counseling program at various YDC facilities to provide transitional services to youth returning to the community.
Sites: Eastman Youth Development Campus, Macon Youth Development Campus, Sumter Youth Development Campus

State General Funds

$600,000

$600,000

$600,000

244.7 Increase funds for substance abuse treatment programs at various YDC facilities to deter youth from engaging in further delinquent activity upon release.

State General Funds

$400,000

$400,000

$400,000

244.8 Increase funds for nine juvenile correctional officer positions for those secure facilities unable to adequately provide required staffing patterns.
Sites: Augusta State Youth Development Campus, Bill E. Ireland Youth Development Campus, Macon Youth Development Campus

TUESDAY, APRIL 17, 2007

3115

State General Funds

$281,079

$281,079

$281,079

244.9 Increase funds for eight food service staff for full operation of kitchen and dining halls at the Bill Ireland and Eastman YDC facilities.

State General Funds

$161,920

$161,920

$161,920

244.10 Increase funds for the continuation of the Savannah River Challenge YDC facility to isolate lesser offenders sentenced to Short-Term Program placements from more aggravated offenders in other YDC facilities.

State General Funds

$2,062,706

$2,062,706

$2,062,706

244.11 Increase funds to provide a 4% Consumer Price Index (CPI) based inflationary adjustment for vendors providing placement services. (S:3% CPI)

State General Funds

$148,132

$148,132

$111,099

244.12 Transfer funds, ten Assessment and Orientation positions and one Apprehension Unit position to the Community Supervision and Departmental Administration programs.

State General Funds

($341,516)

($341,516)

($341,516)

244.13 Transfer funds and activities associated with investigations at Youth Development Campuses (YDC) to the Departmental Administration program to provide additional operating resources for twelve new investigators.

State General Funds

($84,948)

($84,948)

($84,948)

244.14 Increase funds for utility costs.

State General Funds

$550,000

$550,000

$0

244.15 Reduce funds to reflect a reduction in secure commitments as the result of an additional ten Intensive Supervision Program Staff.

State General Funds

($2,500,000)

244.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($119,242) for acceleration of the refresh rate for computers. (G:YES)(H:YES)

State General Funds

$0

$0

($119,242)

244.99 SAC: The purpose of this appropriation is to protect the public and hold youth accountable for their actions by providing temporary, secure, and safe care, and supervision of high-risk youth. House: 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 or services for committed youth.

3116

JOURNAL OF THE HOUSE

Governor: Protect the public and hold youth accountable for their actions by providing temporary, secure, and safe care, and supervision of high-risk youth.

State General Funds

$0

$0

$0

244.0Secure Commitment (YDCs)

Appropriation (HB 95)

The purpose of this appropriation is to protect the public and hold youth accountable for their actions by providing temporary, secure, and safe care, and supervision of high-risk youth.

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 Federal Funds Transfers FF National School Lunch Program CFDA10.555
TOTAL PUBLIC FUNDS

$96,175,316 $96,175,316 $1,071,666 $1,071,666
$48,800 $48,800 $48,800 $2,157,394 $2,157,394 $2,157,394 $99,453,176

$96,175,316 $96,175,316 $1,071,666 $1,071,666
$48,800 $48,800 $48,800 $2,157,394 $2,157,394 $2,157,394 $99,453,176

$92,969,041 $92,969,041 $1,071,666 $1,071,666
$48,800 $48,800 $48,800 $2,157,394 $2,157,394 $2,157,394 $96,246,901

Secure Detention (RYDCs)

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF National School Lunch Program CFDA10.555
TOTAL PUBLIC FUNDS

$94,966,201 $94,966,201
$96,160 $96,160 $96,160 $1,520,776 $1,520,776 $1,520,776 $96,583,137

$94,966,201 $94,966,201
$96,160 $96,160 $96,160 $1,520,776 $1,520,776 $1,520,776 $96,583,137

$94,966,201 $94,966,201
$96,160 $96,160 $96,160 $1,520,776 $1,520,776 $1,520,776 $96,583,137

TUESDAY, APRIL 17, 2007

3117

245.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$1,640,290

$1,640,290

$1,640,290

245.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (S:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$1,410,055

$1,410,055

$1,410,055

245.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$3,410,289

$3,410,289

$3,410,289

245.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$1,046,281

$1,046,281

$1,046,281

245.5 Transfer funds and activities associated with investigations at Regional Youth Detention Centers (RYDC) to the Departmental Administration program to provide additional operating resources for twelve new investigators.

State General Funds

($84,948)

($84,948)

($84,948)

245.6 Increase funds to provide a 4% Consumer Price Index (CPI) based inflationary adjustment for vendors providing placement services. (S:3% CPI)

State General Funds

$330,503

$330,503

$247,877

245.7 Increase funds for utility costs.

State General Funds

$550,000

$550,000

$0

245.8 Reduce funds to reflect a reduction in secure placements as the result of sixty-two additional youth being served in the community by electronic monitoring.

State General Funds

($4,000,000)

245.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($132,092) for acceleration of the refresh rate for computers. (G:YES)(H:YES)

State General Funds

$0

$0

($132,092)

245.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($141,320) for wireless broadband internet access for acceleration of the refresh rate for computers. (G:YES)(H:YES)

State General Funds

$0

$0

($141,320)

3118

JOURNAL OF THE HOUSE

245.0Secure Detention (RYDCs)

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF National School Lunch Program CFDA10.555
TOTAL PUBLIC FUNDS

$103,268,671 $103,268,671
$96,160 $96,160 $96,160 $1,520,776 $1,520,776 $1,520,776 $104,885,607

$103,268,671 $103,268,671
$96,160 $96,160 $96,160 $1,520,776 $1,520,776 $1,520,776 $104,885,607

$98,362,633 $98,362,633
$96,160 $96,160 $96,160 $1,520,776 $1,520,776 $1,520,776 $99,979,569

Children and Youth Coordinating Council

Continuation Budget

The purpose of this appropriation is to assist local communities in preventing and reducing juvenile delinquency.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$1,400,870 $1,400,870 $1,861,077 $1,861,077 $3,261,947

$1,400,870 $1,400,870 $1,861,077 $1,861,077 $3,261,947

$1,400,870 $1,400,870 $1,861,077 $1,861,077 $3,261,947

246.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$7,662

$7,662

$7,662

246.2 Reduce funds associated with juvenile delinquency prevention.

Federal Funds Not Itemized

($109,077)

($109,077)

($109,077)

246.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($684) for the duplication of educational materials. (G:YES)(H:YES)

State General Funds

$0

$0

($684)

246.0Children and Youth Coordinating Council

Appropriation (HB 95)

The purpose of this appropriation is to assist local communities in preventing and reducing juvenile delinquency.

TUESDAY, APRIL 17, 2007

3119

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
Section 31: Labor, Department of

$1,408,532 $1,408,532 $1,752,000 $1,752,000 $3,160,532

$1,408,532 $1,408,532 $1,752,000 $1,752,000 $3,160,532

$1,407,848 $1,407,848 $1,752,000 $1,752,000 $3,159,848

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers
TOTAL PUBLIC FUNDS

$51,657,624 $51,657,624 $260,940,826 $260,940,826 $30,793,878 $30,793,878 $10,004,800 $10,004,800 $353,397,128

$51,657,624 $51,657,624 $260,940,826 $260,940,826 $30,793,878 $30,793,878 $10,004,800 $10,004,800 $353,397,128

$51,657,624 $51,657,624 $260,940,826 $260,940,826 $30,793,878 $30,793,878 $10,004,800 $10,004,800 $353,397,128

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Reserved Fund Balances Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers
TOTAL PUBLIC FUNDS

$57,044,294 $57,044,294 $260,232,588 $260,232,588 $30,793,878
$30,793,878 $6,904,800 $6,904,800 $354,975,560

Section Total - Final

$57,021,425 $57,021,425 $260,693,322 $260,693,322 $30,793,878
$30,793,878 $6,904,800 $6,904,800 $355,413,425

$55,079,022 $55,079,022 $260,232,588 $260,232,588 $31,293,878
$500,000 $30,793,878 $6,904,800 $6,904,800 $353,510,288

Business Enterprise Program

Continuation Budget

The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy.

3120

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$420,302 $420,302 $1,316,085 $1,316,085 $1,736,387

$420,302 $420,302 $1,316,085 $1,316,085 $1,736,387

$420,302 $420,302 $1,316,085 $1,316,085 $1,736,387

247.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$1,941

$1,941

$918

247.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$3,517

$3,517

$4,540

247.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$9,204

$9,204

$9,204

247.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$6,555

$6,555

$6,555

247.0Business Enterprise Program

Appropriation (HB 95)

The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$441,519 $441,519 $1,316,085 $1,316,085 $1,757,604

$441,519 $441,519 $1,316,085 $1,316,085 $1,757,604

$441,519 $441,519 $1,316,085 $1,316,085 $1,757,604

Department of Labor Administration

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS

$3,221,668 $3,221,668 $10,607,019

$3,221,668 $3,221,668 $10,607,019

$3,221,668 $3,221,668 $10,607,019

TUESDAY, APRIL 17, 2007

3121

Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$10,607,019 $13,828,687

$10,607,019 $13,828,687

$10,607,019 $13,828,687

248.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$28,436

$28,436

$12,752

248.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$42,337

$42,337

$58,021

248.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$110,786

$110,786

$110,786

248.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$77,366

$77,366

$77,366

248.5 Increase funds collected from administrative assessments and penalties and interest to fund departmental operations.

State General Funds

$167,327

$167,327

$0

248.0Department of Labor Administration

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$3,647,920 $3,647,920 $10,607,019 $10,607,019 $14,254,939

$3,647,920 $3,647,920 $10,607,019 $10,607,019 $14,254,939

$3,480,593 $3,480,593 $10,607,019 $10,607,019 $14,087,612

Disability Adjudication Section

Continuation Budget

The purpose of this appropriation is to efficiently process applications for federal disability programs so that eligible Georgia citizens

can obtain support.

TOTAL STATE FUNDS TOTAL FEDERAL FUNDS
Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$0 $55,598,820 $55,598,820 $55,598,820

$0 $55,598,820 $55,598,820 $55,598,820

$0 $55,598,820 $55,598,820 $55,598,820

3122

JOURNAL OF THE HOUSE

249.0Disability Adjudication Section

Appropriation (HB 95)

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 Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$55,598,820 $55,598,820 $55,598,820

$55,598,820 $55,598,820 $55,598,820

$55,598,820 $55,598,820 $55,598,820

Division of Rehabilitation Administration

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$2,194,180 $2,194,180 $1,383,518 $1,383,518 $3,577,698

$2,194,180 $2,194,180 $1,383,518 $1,383,518 $3,577,698

$2,194,180 $2,194,180 $1,383,518 $1,383,518 $3,577,698

250.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$9,433

$9,433

$5,662

250.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$17,267

$17,267

$21,038

250.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$45,185

$45,185

$45,185

250.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$30,187

$30,187

$30,187

250.0Division of Rehabilitation Administration

Appropriation (HB 95)

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 State General Funds

$2,296,252 $2,296,252

$2,296,252 $2,296,252

$2,296,252 $2,296,252

TUESDAY, APRIL 17, 2007

3123

TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$1,383,518 $1,383,518 $3,679,770

$1,383,518 $1,383,518 $3,679,770

$1,383,518 $1,383,518 $3,679,770

Georgia Industries for the Blind

Continuation Budget

The purpose of this appropriation is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and

Griffin.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$710,134 $710,134 $11,099,375 $11,099,375 $11,099,375 $11,809,509

$710,134 $710,134 $11,099,375 $11,099,375 $11,099,375 $11,809,509

$710,134 $710,134 $11,099,375 $11,099,375 $11,099,375 $11,809,509

251.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$7,101

$7,101

$3,564

251.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$86,848

$86,848

$90,385

251.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$227,262

$227,262

$227,262

251.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$28,501

$28,501

$28,501

251.5 Utilize reserve funds for operations.

State General Funds Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS

($500,000) $500,000
$0

251.0Georgia Industries for the Blind

Appropriation (HB 95)

The purpose of this appropriation is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin.

3124

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,059,846 $1,059,846 $11,099,375
$11,099,375 $11,099,375 $12,159,221

$1,059,846 $1,059,846 $11,099,375
$11,099,375 $11,099,375 $12,159,221

$559,846 $559,846 $11,599,375 $500,000 $500,000 $11,099,375 $11,099,375 $12,159,221

Labor Market Information

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$682,353 $682,353 $2,249,873 $2,249,873 $2,932,226

$682,353 $682,353 $2,249,873 $2,249,873 $2,932,226

$682,353 $682,353 $2,249,873 $2,249,873 $2,932,226

252.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$6,948

$6,948

$3,022

252.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$10,616

$10,616

$14,542

252.3 Reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$27,780

$27,780

$27,780

252.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$16,249

$16,249

$16,249

252.0Labor Market Information

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS

$743,946 $743,946 $2,249,873

$743,946 $743,946 $2,249,873

$743,946 $743,946 $2,249,873

TUESDAY, APRIL 17, 2007

3125

Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$2,249,873 $2,993,819

$2,249,873 $2,993,819

$2,249,873 $2,993,819

Roosevelt Warm Springs Institute

Continuation Budget

The purpose of this appropriation is to empower individuals with disabilities to achieve personal independence.

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 Federal Funds Transfers FF National School Lunch Program CFDA10.555
TOTAL PUBLIC FUNDS

$6,498,634 $6,498,634 $6,447,042 $6,447,042 $18,888,287 $18,888,287 $18,888,287
$4,800 $4,800 $4,800 $31,838,763

$6,498,634 $6,498,634 $6,447,042 $6,447,042 $18,888,287 $18,888,287 $18,888,287
$4,800 $4,800 $4,800 $31,838,763

$6,498,634 $6,498,634 $6,447,042 $6,447,042 $18,888,287 $18,888,287 $18,888,287
$4,800 $4,800 $4,800 $31,838,763

253.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$39,107

$39,107

$23,369

253.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$72,204

$72,204

$87,942

253.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$188,939

$188,939

$188,939

253.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$134,361

$134,361

$134,361

253.5 Transfer remaining funds for the American Association of Adapted Sports Program to the Department of Human Resources Child and Adolescent Developmental Disabilities Services program. (H:Transfer to the Department of Education Central Office)

State General Funds

($5,797)

($5,797)

($5,797)

253.6 Increase funds for four positions and operating expenses for the new outpatient clinic at Blanchard Hall.

3126

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State General Funds

$255,700

$255,700

$255,700

253.0Roosevelt Warm Springs Institute

Appropriation (HB 95)

The purpose of this appropriation is to empower individuals with disabilities to achieve personal independence.

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 Federal Funds Transfers FF National School Lunch Program CFDA10.555
TOTAL PUBLIC FUNDS

$7,183,148 $7,183,148 $6,447,042 $6,447,042 $18,888,287 $18,888,287 $18,888,287
$4,800 $4,800 $4,800 $32,523,277

$7,183,148 $7,183,148 $6,447,042 $6,447,042 $18,888,287 $18,888,287 $18,888,287
$4,800 $4,800 $4,800 $32,523,277

$7,183,148 $7,183,148 $6,447,042 $6,447,042 $18,888,287 $18,888,287 $18,888,287
$4,800 $4,800 $4,800 $32,523,277

Safety Inspections

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$2,701,779 $2,701,779
$168,552 $168,552 $2,870,331

$2,701,779 $2,701,779
$168,552 $168,552 $2,870,331

$2,701,779 $2,701,779
$168,552 $168,552 $2,870,331

254.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$23,496

$23,496

$10,302

254.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$36,069

$36,069

$49,263

254.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$94,386

$94,386

$94,386

TUESDAY, APRIL 17, 2007

3127

254.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$77,802

$77,802

$77,802

254.0Safety Inspections

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$2,933,532 $2,933,532
$168,552 $168,552 $3,102,084

$2,933,532 $2,933,532
$168,552 $168,552 $3,102,084

$2,933,532 $2,933,532
$168,552 $168,552 $3,102,084

Unemployment Insurance

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$10,212,853 $10,212,853 $36,610,816 $36,610,816 $46,823,669

$10,212,853 $10,212,853 $36,610,816 $36,610,816 $46,823,669

$10,212,853 $10,212,853 $36,610,816 $36,610,816 $46,823,669

255.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$98,134

$98,134

$41,475

255.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$148,881

$148,881

$205,540

255.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$389,592

$389,592

$389,592

255.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$262,010

$262,010

$262,010

255.5 Increase funds collected from administrative assessments and penalties and interest to fund departmental operations.

3128

JOURNAL OF THE HOUSE

State General Funds

$462,693

$462,693

$0

255.6 Realize non-Georgia Building Authority savings through the lease initiative to reduce funds from operations.

Federal Funds Not Itemized

($30,467)

($30,467)

($30,467)

255.0Unemployment Insurance

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$11,574,163 $11,574,163 $36,580,349 $36,580,349 $48,154,512

$11,574,163 $11,574,163 $36,580,349 $36,580,349 $48,154,512

$11,111,470 $11,111,470 $36,580,349 $36,580,349 $47,691,819

Vocational Rehabilitation Program

Continuation Budget

The purpose of this appropriation is to assist people with disabilities so that they may go to work.

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 Federal Funds Transfers FF Temporary Assistance for Needy Families CFDA93.558
TOTAL PUBLIC FUNDS

$17,168,678 $17,168,678 $66,344,924 $66,344,924
$806,216 $806,216 $806,216 $1,700,000 $1,700,000 $1,700,000 $86,019,818

$17,168,678 $17,168,678 $66,344,924 $66,344,924
$806,216 $806,216 $806,216 $1,700,000 $1,700,000 $1,700,000 $86,019,818

$17,168,678 $17,168,678 $66,344,924 $66,344,924
$806,216 $806,216 $806,216 $1,700,000 $1,700,000 $1,700,000 $86,019,818

256.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$64,114

$64,114

$32,612

256.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$116,843

$116,843

$148,345

TUESDAY, APRIL 17, 2007

3129

256.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$305,748

$305,748

$305,748

256.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$213,046

$213,046

$213,046

256.5 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to reduce funds from operations.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($12,438) ($217,037) ($229,475)

($12,438) ($217,037) ($229,475)

($12,438) ($217,037) ($229,475)

256.6 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($11,711) ($460,734) ($472,445)

($11,711) $0
($11,711)

($11,711) ($460,734) ($472,445)

256.7 Transfer the BEGIN Program to the Department of Early Care and Learning Child Care Services program.

State General Funds

($72,869)

($72,869)

256.8 Increase funds for the Albany Advocacy Resource Center for a certified teacher to carry out the completion of GED classes for people with disabilities who failed to complete their high school education.

State General Funds

$50,000

$0

256.9 Increase funds for the Hinesville center for the Georgia Center for the Hearing Impaired.

State General Funds

$167,000

256.10 Eliminate one-time funds received in HB1027 (FY07) for SHARE.

State General Funds

($50,000)

256.11 Eliminate one-time funds received in HB1027 (FY07) for the Middle Georgia Center for Independent Living.

State General Funds

($20,000)

256.12 Eliminate one-time funds received in HB1027 (FY07) for Assistive Technology Centers and Reboot.

State General Funds

($30,000)

256.0Vocational Rehabilitation Program

Appropriation (HB 95)

The purpose of this appropriation is to assist people with disabilities so that they may go to work.

3130

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 Federal Funds Transfers FF Temporary Assistance for Needy Families CFDA93.558
TOTAL PUBLIC FUNDS

$17,844,280 $17,844,280 $65,667,153 $65,667,153
$806,216 $806,216 $806,216 $1,700,000 $1,700,000 $1,700,000 $86,017,649

$17,821,411 $17,821,411 $66,127,887 $66,127,887
$806,216 $806,216 $806,216 $1,700,000 $1,700,000 $1,700,000 $86,455,514

$17,838,411 $17,838,411 $65,667,153 $65,667,153
$806,216 $806,216 $806,216 $1,700,000 $1,700,000 $1,700,000 $86,011,780

Workforce Development

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Temporary Assistance for Needy Families CFDA93.558
TOTAL PUBLIC FUNDS

$7,753,871 $7,753,871 $80,214,177 $80,214,177 $8,300,000 $8,300,000 $8,300,000 $96,268,048

$7,753,871 $7,753,871 $80,214,177 $80,214,177 $8,300,000 $8,300,000 $8,300,000 $96,268,048

$7,753,871 $7,753,871 $80,214,177 $80,214,177 $8,300,000 $8,300,000 $8,300,000 $96,268,048

257.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$72,504

$72,504

$29,537

257.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$104,946

$104,946

$147,913

257.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$274,622

$274,622

$274,622

257.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

TUESDAY, APRIL 17, 2007

3131

State General Funds

$191,190

$191,190

$191,190

257.5 Increase funds collected from administrative assessments and penalties and interest to fund departmental operations.

State General Funds

$829,383

$829,383

$0

257.6 Reduce funds from the work assistance contract due to declining caseloads (reflects the Governor's TANF plan on page 200 of the Governor's Budget Report).

FF Temporary Assistance for Needy Families CFDA93.558

($3,100,000) ($3,100,000) ($3,100,000)

257.0Workforce Development

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Temporary Assistance for Needy Families CFDA93.558
TOTAL PUBLIC FUNDS

$9,226,516 $9,226,516 $80,214,177 $80,214,177 $5,200,000 $5,200,000 $5,200,000 $94,640,693

$9,226,516 $9,226,516 $80,214,177 $80,214,177 $5,200,000 $5,200,000 $5,200,000 $94,640,693

$8,397,133 $8,397,133 $80,214,177 $80,214,177 $5,200,000 $5,200,000 $5,200,000 $93,811,310

Commission on Women

Continuation Budget

The purpose of this appropriation is to advance health, education, economic, social and legal status of women in Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$93,172 $93,172 $93,172

$93,172 $93,172 $93,172

$93,172 $93,172 $93,172

258.0Commission on Women

Appropriation (HB 95)

The purpose of this appropriation is to advance health, education, economic, social and legal status of women in Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$93,172 $93,172 $93,172

$93,172 $93,172 $93,172

$93,172 $93,172 $93,172

3132

JOURNAL OF THE HOUSE

There is appropriated to the Department of Labor out of funds credited to and held in this states account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to and in accordance with Section 903 of the Social Security Act, as amended, an additional amount of $1,885,551.11. Of said additional amount, the sum of $1,885,551.11 is authorized to be allocated for expenses incurred in the administration of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, the "Employment Security Law" as amended, including personal services and operating and other expenses incurred in the administration of said law, as well as for the purchase or rental, either or both, of improvements, repairs, or alterations to and of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, technology, data, reports and studies, supplies, and the construction of buildings or parts of buildings suitable for use in this state by the Department of Labor, and for the payment of expenses incurred for the acquisition, purchase, rental, construction, maintenance, improvements, repairs, or alterations of and to such real or personal property. Notwithstanding any other provision of this section, the amount appropriated in this section shall not exceed the amount in the Unemployment Trust Fund, which may be obligated for expenditure for such purposes as provided in Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund, and the amount which may be obligated shall not exceed the limitations provided in Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund; provided, however, that said additional funds shall not be obligated for expenditure, as provided in this section, after the close of the two-year period which begins on the date of enactment of this section.

Section 32: Law, Department of

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds 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 State Funds Transfers
TOTAL PUBLIC FUNDS

$14,670,539 $14,670,539
$24,817 $23,817 $1,000 $21,801,423 $21,801,423 $36,496,779
$18,462,762 $18,462,762
$24,817 $23,817 $1,000 $21,801,423 $21,801,423 $40,289,002

$14,670,539 $14,670,539
$24,817 $23,817 $1,000 $21,801,423 $21,801,423 $36,496,779

$14,670,539 $14,670,539
$24,817 $23,817 $1,000 $21,801,423 $21,801,423 $36,496,779

Section Total - Final

$18,462,762 $18,462,762
$24,817 $23,817 $1,000 $21,801,423 $21,801,423 $40,289,002

$16,066,097 $16,066,097
$24,817 $23,817 $1,000 $21,801,423 $21,801,423 $37,892,337

TUESDAY, APRIL 17, 2007

3133

Law, Department of

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Legal Services - Client Reimbursable per OCGA 45-15-4
TOTAL PUBLIC FUNDS

$14,670,539 $14,670,539
$24,817 $23,817 $23,817 $1,000 $1,000 $21,801,423 $21,801,423 $21,801,423 $36,496,779

$14,670,539 $14,670,539
$24,817 $23,817 $23,817 $1,000 $1,000 $21,801,423 $21,801,423 $21,801,423 $36,496,779

$14,670,539 $14,670,539
$24,817 $23,817 $23,817 $1,000 $1,000 $21,801,423 $21,801,423 $21,801,423 $36,496,779

259.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$395,883

$395,883

$395,883

259.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$265,122

$265,122

$265,122

259.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$629,919

$629,919

$629,919

259.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$42,791

$42,791

$42,791

259.5 Increase funds for a Georgia Building Authority (GBA) rate change. (S:NO to GBA rate increase for utilities)

State General Funds

$52,801

$52,801

$22,737

259.6 Increase funds for twenty attorneys, six paralegals and three secretaries to enable the Department to reduce the need for Special Assistant Attorney Generals (SAAG) services and to deliver in-house legal services in a more timely manner.

State General Funds

$2,405,707

$2,405,707

$0

259.7 Increase funds for expert financial consultants associated with the sale of public and nonprofit hospitals in accordance with the Hospital Acquisitions Act. [One-Time Change]

3134

JOURNAL OF THE HOUSE

State General Funds

$75,000

259.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($20,844) for capital felony court cases. (G:YES)(H:YES)

State General Funds

$0

$0

($20,844)

259.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($15,050) for capital felony court cases. (G:YES)(H:YES)

State General Funds

$0

$0

($15,050)

259.0Law, Department of

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Legal Services - Client Reimbursable per OCGA 45-15-4
TOTAL PUBLIC FUNDS

$18,462,762 $18,462,762
$24,817 $23,817 $23,817 $1,000 $1,000 $21,801,423 $21,801,423 $21,801,423 $40,289,002

$18,462,762 $18,462,762
$24,817 $23,817 $23,817 $1,000 $1,000 $21,801,423 $21,801,423 $21,801,423 $40,289,002

$16,066,097 $16,066,097
$24,817 $23,817 $23,817 $1,000 $1,000 $21,801,423 $21,801,423 $21,801,423 $37,892,337

Section 33: State Merit System of Personnel Administration

Section Total - Continuation

TOTAL AGENCY FUNDS Reserved Fund Balances Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

$1,410,895 $1,234,632
$176,263 $13,165,582 $13,165,582 $14,576,477

$1,410,895 $1,234,632
$176,263 $13,165,582 $13,165,582 $14,576,477

$1,410,895 $1,234,632
$176,263 $13,165,582 $13,165,582 $14,576,477

TUESDAY, APRIL 17, 2007

3135

TOTAL AGENCY FUNDS Reserved Fund Balances Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

$1,410,895 $1,234,632
$176,263 $13,165,582 $13,165,582 $14,576,477

Section Total - Final

$1,410,895 $1,234,632
$176,263 $13,740,784 $13,740,784 $15,151,679

$1,410,895 $1,234,632
$176,263 $13,740,784 $13,740,784 $15,151,679

Recruitment and Staffing Services

Continuation Budget

The purpose of this appropriation is to provide a central point of contact for the general public.

TOTAL STATE FUNDS TOTAL INTRA-STATE GOVERNMENT TRANSFERS
State Funds Transfers Merit System Assessments
TOTAL PUBLIC FUNDS

$0 $1,177,804 $1,177,804 $1,177,804 $1,177,804

$0 $1,177,804 $1,177,804 $1,177,804 $1,177,804

$0 $1,177,804 $1,177,804 $1,177,804 $1,177,804

260.1 Annualize the cost of the FY07 salary adjustment.

Merit System Assessments

$0

$12,245

$12,245

260.2 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

Merit System Assessments

$0

$43,938

$43,938

260.3 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

Merit System Assessments

$0

$6,529

$6,529

260.4 Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

Merit System Assessments

$0

$4,978

$4,978

260.0Recruitment and Staffing Services

Appropriation (HB 95)

The purpose of this appropriation is to provide a central point of contact for the general public.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers

$1,177,804 $1,177,804

$1,245,494 $1,245,494

$1,245,494 $1,245,494

3136

JOURNAL OF THE HOUSE

Merit System Assessments TOTAL PUBLIC FUNDS

$1,177,804 $1,177,804

$1,245,494 $1,245,494

$1,245,494 $1,245,494

System Administration

Continuation Budget

The purpose of this appropriation is to provide administrative and technical support to the agency.

TOTAL STATE FUNDS TOTAL AGENCY FUNDS
Reserved Fund Balances Reserved Fund Balances Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Merit System Assessments
TOTAL PUBLIC FUNDS

$0 $158,127 $158,127 $158,127 $5,496,416 $5,496,416 $5,496,416 $5,654,543

$0 $158,127 $158,127 $158,127 $5,496,416 $5,496,416 $5,496,416 $5,654,543

$0 $158,127 $158,127 $158,127 $5,496,416 $5,496,416 $5,496,416 $5,654,543

261.1 Annualize the cost of the FY07 salary adjustment.

Merit System Assessments

$0

$30,607

$30,607

261.2 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

Merit System Assessments

$0

$129,673

$129,673

261.3 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

Merit System Assessments

$0

$14,979

$14,979

261.4 Increase funds for a Georgia Building Authority (GBA) rate change.

Merit System Assessments

$0

$12,883

$12,883

261.0System Administration

Appropriation (HB 95)

The purpose of this appropriation is to provide administrative and technical support to the agency.

TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers

$158,127 $158,127 $158,127 $5,496,416 $5,496,416

$158,127 $158,127 $158,127 $5,684,558 $5,684,558

$158,127 $158,127 $158,127 $5,684,558 $5,684,558

TUESDAY, APRIL 17, 2007

3137

Merit System Assessments TOTAL PUBLIC FUNDS

$5,496,416 $5,654,543

$5,684,558 $5,842,685

$5,684,558 $5,842,685

Total Compensation and Rewards

Continuation Budget

The purpose of this appropriation is to ensure fair and consistent employee compensation practices across state agencies.

TOTAL STATE FUNDS TOTAL AGENCY FUNDS
Reserved Fund Balances Reserved Fund Balances Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Merit System Assessments Merit System Training and Compensation Fees
TOTAL PUBLIC FUNDS

$0 $1,252,768 $1,076,505 $1,076,505
$176,263 $176,263 $2,889,854 $2,889,854 $2,862,015
$27,839 $4,142,622

$0 $1,252,768 $1,076,505 $1,076,505
$176,263 $176,263 $2,889,854 $2,889,854 $2,862,015
$27,839 $4,142,622

$0 $1,252,768 $1,076,505 $1,076,505
$176,263 $176,263 $2,889,854 $2,889,854 $2,862,015
$27,839 $4,142,622

262.1 Annualize the cost of the FY07 salary adjustment.

Merit System Assessments

$0

$24,385

$24,385

262.2 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

Merit System Assessments

$0

$92,536

$92,536

262.3 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

Merit System Assessments

$0

$13,827

$13,827

262.4 Increase funds to reflect the Georgia Building Authority (GBA) real estate rental rate for office space.

Merit System Assessments

$0

$7,417

$7,417

262.0Total Compensation and Rewards

Appropriation (HB 95)

The purpose of this appropriation is to ensure fair and consistent employee compensation practices across state agencies.

TOTAL AGENCY FUNDS Reserved Fund Balances

$1,252,768 $1,076,505

$1,252,768 $1,076,505

$1,252,768 $1,076,505

3138

JOURNAL OF THE HOUSE

Reserved Fund Balances Not Itemized Sales and Services
Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
State Funds Transfers Merit System Assessments Merit System Training and Compensation Fees
TOTAL PUBLIC FUNDS

$1,076,505 $176,263 $176,263
$2,889,854 $2,889,854 $2,862,015
$27,839 $4,142,622

$1,076,505 $176,263 $176,263
$3,028,019 $3,028,019 $3,000,180
$27,839 $4,280,787

$1,076,505 $176,263 $176,263
$3,028,019 $3,028,019 $3,000,180
$27,839 $4,280,787

Workforce Development and Alignment

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Merit System Assessments Merit System Training and Compensation Fees
TOTAL PUBLIC FUNDS

$0 $0 $3,601,508 $3,601,508 $3,295,917 $305,591 $3,601,508

$0 $0 $3,601,508 $3,601,508 $3,295,917 $305,591 $3,601,508

$0 $0 $3,601,508 $3,601,508 $3,295,917 $305,591 $3,601,508

263.1 Annualize the cost of the FY07 salary adjustment.

Merit System Assessments

$0

$31,972

$31,972

263.2 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

Merit System Assessments

$0

$129,177

$129,177

263.3 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

Merit System Assessments

$0

$15,748

$15,748

263.4 Increase funds to reflect the Georgia Building Authority (GBA) real estate rental rate for office space.

Merit System Assessments

$0

$4,308

$4,308

263.0Workforce Development and Alignment

Appropriation (HB 95)

TUESDAY, APRIL 17, 2007

3139

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 State Funds Transfers Merit System Assessments Merit System Training and Compensation Fees
TOTAL PUBLIC FUNDS

$3,601,508 $3,601,508 $3,295,917
$305,591 $3,601,508

$3,782,713 $3,782,713 $3,477,122
$305,591 $3,782,713

$3,782,713 $3,782,713 $3,477,122
$305,591 $3,782,713

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

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Royalties and Rents Sales and Services
TOTAL PUBLIC FUNDS

$109,447,299 $109,447,299
$9,996,755 $9,996,755 $25,491,011
$103,913 $3,041,137
$16,276 $22,329,685 $144,935,065

$109,447,299 $109,447,299
$9,996,755 $9,996,755 $25,491,011
$103,913 $3,041,137
$16,276 $22,329,685 $144,935,065

$109,447,299 $109,447,299
$9,996,755 $9,996,755 $25,491,011
$103,913 $3,041,137
$16,276 $22,329,685 $144,935,065

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers

$129,107,961 $129,107,961
$9,996,755 $9,996,755 $25,058,798
$103,913 $2,941,137

Section Total - Final

$128,453,110 $128,453,110
$9,996,755 $9,996,755 $25,391,011
$103,913 $2,941,137

$137,377,146 $137,377,146
$9,996,755 $9,996,755 $25,658,798
$703,913 $2,941,137

3140

JOURNAL OF THE HOUSE

Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS

$16,276 $21,997,472 $164,163,514

$16,276 $22,329,685 $163,840,876

$16,276 $21,997,472 $173,032,699

Coastal Resources

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$2,720,618 $2,720,618
$170,862 $170,862 $2,891,480

$2,720,618 $2,720,618
$170,862 $170,862 $2,891,480

$2,720,618 $2,720,618
$170,862 $170,862 $2,891,480

264.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$29,883

$29,883

$29,883

264.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$30,140

$30,140

$30,140

264.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$74,608

$74,608

$74,608

264.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$32,282

$32,282

$32,282

264.5 Eliminate one-time funds received in HB1027 (FY07) for a marina and dock permitting study.

State General Funds

($50,000)

($50,000)

($50,000)

264.6 Eliminate funds received in HB1027 (FY07) to raise sunken boats.

State General Funds

($180,000)

($180,000)

$0

264.7 Increase funds to renovate aging coastal docks. [One-Time Change]

State General Funds

$1,350,000

$1,350,000

$1,350,000

264.0Coastal Resources

Appropriation (HB 95)

TUESDAY, APRIL 17, 2007

3141

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$4,007,531 $4,007,531
$170,862 $170,862 $4,178,393

$4,007,531 $4,007,531
$170,862 $170,862 $4,178,393

$4,187,531 $4,187,531
$170,862 $170,862 $4,358,393

Departmental Administration

Continuation Budget

The purpose of the program is to provide administrative support for all programs of the department.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$10,059,057 $10,059,057 $10,059,057

$10,059,057 $10,059,057 $10,059,057

$10,059,057 $10,059,057 $10,059,057

265.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$115,903

$115,903

$115,903

265.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$115,433

$115,433

$115,433

265.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$285,738

$285,738

$285,738

265.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$123,637

$123,637

$123,637

265.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$29,675

$29,675

$29,675

265.6 Increase funds for operations.

State General Funds

$111,920

$111,920

$111,920

265.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($66,916) for operations. (G:YES)(H:YES)

3142

JOURNAL OF THE HOUSE

State General Funds

$0

$0

($66,916)

265.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($38,693) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($38,693)

265.0Departmental Administration

Appropriation (HB 95)

The purpose of the program is to provide administrative support for all programs of the department.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$10,841,363 $10,841,363 $10,841,363

$10,841,363 $10,841,363 $10,841,363

$10,735,754 $10,735,754 $10,735,754

Environmental Protection

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$27,532,122 $27,532,122 $3,363,161 $3,363,161 $6,797,557 $6,797,557 $6,797,557 $37,692,840

$27,532,122 $27,532,122 $3,363,161 $3,363,161 $6,797,557 $6,797,557 $6,797,557 $37,692,840

$27,532,122 $27,532,122 $3,363,161 $3,363,161 $6,797,557 $6,797,557 $6,797,557 $37,692,840

266.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$360,290

$360,290

$360,290

266.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$722,243

$722,243

$722,243

266.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$1,116,058

$1,116,058

$1,116,058

TUESDAY, APRIL 17, 2007

3143

266.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$482,850

$482,850

$482,850

266.5 Increase funds for a Georgia Building Authority (GBA) rate change. (S:NO to GBA rate increase for utilities)

State General Funds

$39,058

$39,058

$1,845

266.6 Reduce funds from operations.

State General Funds

($125,624)

($125,624)

($125,624)

266.7 Increase funds to support the development of total maximum daily loads (TMDL), including funds for equipment and one new vehicle, for specific pollutants on Lakes Lanier and Allatoona, to improve water quality and provide for additional economic development opportunities in affected areas.

State General Funds

$680,000

$680,000

$680,000

266.8 Increase funds for six new erosion and sedimentation inspectors to address needs in high-growth areas of the state. (S:Increase funds for six positions for plan review and permit issuance)

State General Funds

$300,000

$300,000

$300,000

266.9 Eliminate contract funds for soil erosion and sedimentation certification training.

State General Funds

($100,000)

($100,000)

($100,000)

266.0Environmental Protection

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$31,006,997 $31,006,997 $3,363,161 $3,363,161 $6,797,557 $6,797,557 $6,797,557 $41,167,715

$31,006,997 $31,006,997 $3,363,161 $3,363,161 $6,797,557 $6,797,557 $6,797,557 $41,167,715

$30,969,784 $30,969,784 $3,363,161 $3,363,161 $6,797,557 $6,797,557 $6,797,557 $41,130,502

Hazardous Waste Trust Fund Investigate and clean up abandoned hazardous sites.

Continuation Budget

3144

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$7,600,000 $7,600,000 $7,600,000

$7,600,000 $7,600,000 $7,600,000

$7,600,000 $7,600,000 $7,600,000

267.1 Increase funds for local governments and abandoned site clean-up. (S:Include the clean-up of the Bible Baptist Church in Chatham County)

State General Funds

$5,400,000

267.0Hazardous Waste Trust Fund
Investigate and clean up abandoned hazardous sites. TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

Appropriation (HB 95)

$7,600,000 $7,600,000 $7,600,000

$7,600,000 $7,600,000 $7,600,000

$13,000,000 $13,000,000 $13,000,000

Historic Preservation

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$2,001,760 $2,001,760
$490,000 $490,000 $2,491,760

$2,001,760 $2,001,760
$490,000 $490,000 $2,491,760

$2,001,760 $2,001,760
$490,000 $490,000 $2,491,760

268.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$25,044

$25,044

$25,044

268.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$24,227

$24,227

$24,227

268.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$59,970

$59,970

$59,970

TUESDAY, APRIL 17, 2007

3145

268.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$25,949

$25,949

$25,949

268.0Historic Preservation

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$2,136,950 $2,136,950
$490,000 $490,000 $2,626,950

$2,136,950 $2,136,950
$490,000 $490,000 $2,626,950

$2,136,950 $2,136,950
$490,000 $490,000 $2,626,950

Land Conservation

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$466,380 $466,380 $466,380

$466,380 $466,380 $466,380

$466,380 $466,380 $466,380

269.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$5,686

$5,686

$5,686

269.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$5,914

$5,914

$5,914

269.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$14,640

$14,640

$14,640

269.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$6,334

$6,334

$6,334

269.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$4,415

$4,415

$4,415

3146

JOURNAL OF THE HOUSE

269.6 Increase funds for operations. State General Funds

$6,127

$6,127

$6,127

269.0Land Conservation

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$509,496 $509,496 $509,496

$509,496 $509,496 $509,496

$509,496 $509,496 $509,496

Parks, Recreation and Historic Sites

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$19,141,038 $19,141,038
$845,941 $845,941 $17,979,882 $3,041,137 $3,041,137
$1,026 $1,026 $14,937,719 $14,937,719 $37,966,861

$19,141,038 $19,141,038
$845,941 $845,941 $17,979,882 $3,041,137 $3,041,137
$1,026 $1,026 $14,937,719 $14,937,719 $37,966,861

$19,141,038 $19,141,038
$845,941 $845,941 $17,979,882 $3,041,137 $3,041,137
$1,026 $1,026 $14,937,719 $14,937,719 $37,966,861

270.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$226,966

$226,966

$226,966

270.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (S:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

TUESDAY, APRIL 17, 2007

3147

State General Funds

$308,994

$308,994

$308,994

270.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$764,733

$764,733

$764,733

270.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$330,956

$330,956

$330,956

270.5 Increase funds for the Georgia Building Authority (GBA) real estate rate change. (S:NO to GBA rate increase for utilities)

State General Funds

$10,298

$10,298

$0

270.6 Reduce funds from operations.

State General Funds

($66,485)

($66,485)

($66,485)

270.7 Increase funds for operations.

State General Funds

$14,982

$14,982

$14,982

270.8 Transfer the contract with the Georgia Historical Society for new historic markers to the Department of Economic Development.

State General Funds

($60,000)

($60,000)

($60,000)

270.9 Replace funds for the elevated bond repayment from the Jekyll Island Authority.

State General Funds Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS

$100,000 ($100,000)
$0

$100,000 ($100,000)
$0

$100,000 ($100,000)
$0

270.10 Increase funds for thirty-three vacant positions to expand operating hours and enhance customer service in state parks.

State General Funds

$990,000

$990,000

$990,000

270.11 Increase funds to repair, renovate, and construct cottages and campgrounds. (S:Construct with inmate labor) [One-Time
Change]

State General Funds

$2,000,000

$2,000,000

$2,500,000

270.12 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations.

State General Funds

($1,387)

($1,387)

($1,387)

270.13 Increase funds for Heating, Ventilation, and Air Conditioning (HVAC) replacement at Rhodes Hall. [One-Time Change]

State General Funds

$690,000

270.14 Increase funds for a master plan for Flat Creek State Park. [One-Time Change]

3148

JOURNAL OF THE HOUSE

State General Funds 270.15 Increase funds for a fence at the Troup's Tomb site. [One-Time Change] State General Funds

$30,000 $6,449

270.0Parks, Recreation and Historic Sites

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$23,760,095 $23,760,095
$845,941 $845,941 $17,879,882 $2,941,137 $2,941,137
$1,026 $1,026 $14,937,719 $14,937,719 $42,485,918

$23,760,095 $23,760,095
$845,941 $845,941 $17,879,882 $2,941,137 $2,941,137
$1,026 $1,026 $14,937,719 $14,937,719 $42,485,918

$24,976,246 $24,976,246
$845,941 $845,941 $17,879,882 $2,941,137 $2,941,137
$1,026 $1,026 $14,937,719 $14,937,719 $43,702,069

Pollution Prevention Assistance

Continuation Budget

The purpose of this appropriation is to reduce pollution by providing non-regulatory assistance.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized
TOTAL PUBLIC FUNDS

$16,075 $16,075 $103,913 $103,913 $103,913 $119,988

$16,075 $16,075 $103,913 $103,913 $103,913 $119,988

$16,075 $16,075 $103,913 $103,913 $103,913 $119,988

271.1 Transfer funds from the Hazardous Waste Trust Fund. Reserved Fund Balances Not Itemized

$600,000

TUESDAY, APRIL 17, 2007

3149

271.0Pollution Prevention Assistance

Appropriation (HB 95)

The purpose of this appropriation is to reduce pollution by providing non-regulatory assistance.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized
TOTAL PUBLIC FUNDS

$16,075 $16,075 $103,913 $103,913 $103,913 $119,988

$16,075 $16,075 $103,913 $103,913 $103,913 $119,988

$16,075 $16,075 $703,913 $703,913 $703,913 $719,988

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 State General Funds
TOTAL PUBLIC FUNDS

$6,000,000 $6,000,000 $6,000,000

$6,000,000 $6,000,000 $6,000,000

$6,000,000 $6,000,000 $6,000,000

272.0Solid Waste Trust Fund

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$6,000,000 $6,000,000 $6,000,000

$6,000,000 $6,000,000 $6,000,000

$6,000,000 $6,000,000 $6,000,000

Wildlife Resources

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Royalties and Rents

$30,874,291 $30,874,291 $5,126,791 $5,126,791
$277,446 $15,250

$30,874,291 $30,874,291 $5,126,791 $5,126,791
$277,446 $15,250

$30,874,291 $30,874,291 $5,126,791 $5,126,791
$277,446 $15,250

3150

JOURNAL OF THE HOUSE

Royalties and Rents Not Itemized Sales and Services
Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$15,250 $262,196 $262,196 $36,278,528

$15,250 $262,196 $262,196 $36,278,528

$15,250 $262,196 $262,196 $36,278,528

273.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$512,553

$512,553

$512,553

273.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (S:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$434,494

$434,494

$434,494

273.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$1,075,529

$1,075,529

$1,075,529

273.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$465,375

$465,375

$465,375

273.5 Transfer funds for the FY07 pay raise for law enforcement from the Parks, Recreation and Historic Sites program.

State General Funds

$66,485

$66,485

$66,485

273.6 Reduce funds from operations.

State General Funds

($7,405)

($7,405)

($7,405)

273.7 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds.

State General Funds

($1,387)

($1,387)

($1,387)

273.8 Increase funds to develop the "Go Fish Georgia" education center, state park, bass trail, and improve fishing and recreation access to promote and improve boating and fishing tourism as a means of enhancing economic development in communities around the state.(H:Provide funds only for boat ramps in order to create a bass trail)(S:Bond the Education and Visitor Center for $6,500,000, Hatchery for $7,500,000, and include $200,000 for the Governor's Cup) [One-Time Change]

State General Funds

$6,000,000

$5,000,000

$5,000,000

273.9 Increase funds for eleven vacant positions that directly impact customer service through law enforcement protection and management of wildlife management areas (WMA).

TUESDAY, APRIL 17, 2007

3151

State General Funds

$440,000

$440,000

$440,000

273.10 Increase funds for spraying to prevent unwanted vegetation and aquatic plants on Lake Blackshear.

State General Funds

$45,000

$0

273.11 Increase funds collected through lifetime hunting and fishing licenses and associated interest in compliance with federal guidelines.

State General Funds

$969,856

273.12 Increase funds to repair a failed dam at Arrowhead Environmental Education Center to allow the lake to be used for hands-on aquatic education. [One-Time Change]

State General Funds

$500,000

273.13 Increase funds for the Waynesboro Field Trials Stable at the Di-Land Plantation WMA. [One-Time Change]

State General Funds

$400,000

273.0Wildlife Resources

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS 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

$39,859,935 $39,859,935 $5,126,791 $5,126,791
$277,446 $15,250 $15,250
$262,196 $262,196 $45,264,172

$38,904,935 $38,904,935 $5,126,791 $5,126,791
$277,446 $15,250 $15,250
$262,196 $262,196 $44,309,172

$40,729,791 $40,729,791 $5,126,791 $5,126,791
$277,446 $15,250 $15,250
$262,196 $262,196 $46,134,028

Georgia State Games Commission The purpose of this appropriation is to improve the physical fitness of Georgians.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS

$50,149 $50,149 $332,213

Continuation Budget

$50,149 $50,149 $332,213

$50,149 $50,149 $332,213

3152

JOURNAL OF THE HOUSE

Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$332,213 $332,213 $382,362

$332,213 $332,213 $382,362

$332,213 $332,213 $382,362

274.1 Eliminate funds for one position and four vehicles.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($50,149)

$0

($332,213)

$0

($382,362)

$0

274.2 Increase funds to facilitate athletic achievement and competition among handicapped children.

State General Funds

$250,000

($50,149) ($332,213) ($382,362)
$125,000

274.0Georgia State Games Commission
The purpose of this appropriation 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 (HB 95)

$300,149 $300,149 $332,213 $332,213 $332,213 $632,362

$125,000 $125,000
$125,000

Payments to Georgia Agricultural Exposition Authority

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$1,641,634 $1,641,634 $1,641,634

$1,641,634 $1,641,634 $1,641,634

$1,641,634 $1,641,634 $1,641,634

275.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$11,000

$11,000

$11,000

275.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$11,352

$11,352

$11,352

TUESDAY, APRIL 17, 2007

3153

275.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$28,921

$28,921

$28,921

275.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$26,997

$26,997

$26,997

275.5 Increase funds for the pre-design for construction of the amphitheater. [One-Time Change]

State General Funds

$50,000

275.6 Increase funds to purchase equipment to replace older, worn out equipment which is critical in servicing existing facilities and events. [One-Time Change]

State General Funds

$571,000

275.99 SAC: The purpose of this appropriation is to provide operating funds for and 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.

State General Funds

$0

275.0Payments to Georgia Agricultural Exposition Authority

Appropriation (HB 95)

The purpose of this appropriation is to provide operating funds for and 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 State General Funds
TOTAL PUBLIC FUNDS

$1,719,904 $1,719,904 $1,719,904

$1,719,904 $1,719,904 $1,719,904

$2,340,904 $2,340,904 $2,340,904

Payments to Georgia Agrirama Development Authority

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$872,211 $872,211 $872,211

$872,211 $872,211 $872,211

$872,211 $872,211 $872,211

3154

JOURNAL OF THE HOUSE

276.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$6,000

$6,000

$6,000

276.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$11,021

$11,021

$11,021

276.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$27,531

$27,531

$27,531

276.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$5,888

$5,888

$5,888

276.5 Increase funds for ongoing operating expenses at the new multipurpose building and recreational vehicle park.

State General Funds

$155,000

$155,000

$155,000

276.6 Increase funds for the development of a business, marketing, and facilities master plan. [One-Time Change]

State General Funds

$100,000

$100,000

$100,000

276.99 SAC: The purpose of this appropriation is to provide operating funds for and to collect, display, and preserve material culture of Georgia's agriculture and rural history and present agriculture and rural history to the general public and school groups.

State General Funds

$0

276.0Payments to Georgia Agrirama Development Authority

Appropriation (HB 95)

The purpose of this appropriation is to provide operating funds for and to collect, display, and preserve material culture of Georgia's agriculture and rural history and present agriculture and rural history to the general public and school groups.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,177,651 $1,177,651 $1,177,651

$1,177,651 $1,177,651 $1,177,651

$1,177,651 $1,177,651 $1,177,651

Payments to Lake Allatoona Preservation Authority

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$100,000 $100,000 $100,000

$100,000 $100,000 $100,000

$100,000 $100,000 $100,000

TUESDAY, APRIL 17, 2007

3155

277.99 SAC: The purpose of this appropriation is to provide operating funds for and to the Lake Allatoona Preservation Authority.

State General Funds

$0

277.0Payments to Lake Allatoona Preservation Authority

Appropriation (HB 95)

The purpose of this appropriation is to provide operating funds for and to the Lake Allatoona Preservation Authority.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$100,000 $100,000 $100,000

$100,000 $100,000 $100,000

$100,000 $100,000 $100,000

Payments to Southwest Georgia Railroad Excursion Authority

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$371,964 $371,964 $371,964

$371,964 $371,964 $371,964

$371,964 $371,964 $371,964

278.99 SAC: The purpose of this appropriation is to provide operating funds for and 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.

State General Funds

$0

278.0Payments to Southwest Georgia Railroad Excursion Authority

Appropriation (HB 95)

The purpose of this appropriation is to provide operating funds for and 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 State General Funds
TOTAL PUBLIC FUNDS

$371,964 $371,964 $371,964

$371,964 $371,964 $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

3156

JOURNAL OF THE HOUSE

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 18 of 20 years, last payment being made June 15, 2010; Jekyll Island State Park Authority - $260,844 for year 19 of 20 years, last payment being made June 15th, 2009; Jekyll Island Convention Center and Golf Course - $679,346 for year 14 of 20 years, last payment being made June 15th, 2014; and North Georgia Mountains Authority $1,434,982 for year 14 of 20 years, last payment being made June 15th, 2014.

Section 35: Pardons and Paroles, State Board of

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$50,112,887 $50,112,887 $50,112,887

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$55,524,566 $55,524,566 $55,524,566

Board Administration The purpose of this appropriation is to provide administrative support for the agency.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$4,891,864 $4,891,864 $4,891,864

$50,112,887 $50,112,887 $50,112,887

$50,112,887 $50,112,887 $50,112,887

Section Total - Final

$55,524,566 $55,524,566 $55,524,566

$55,612,881 $55,612,881 $55,612,881

Continuation Budget

$4,891,864 $4,891,864 $4,891,864

$4,891,864 $4,891,864 $4,891,864

279.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$25,041

$25,041

$25,041

279.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$26,817

$26,817

$26,817

279.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

TUESDAY, APRIL 17, 2007

3157

State General Funds

$102,803

$102,803

$102,803

279.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$10,260

$10,260

$10,260

279.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$33,049

$33,049

$33,049

279.6 Increase funds for the development of the Clemency Online Navigation System (CONS) including five additional information technology positions.

State General Funds

$796,240

$796,240

$796,240

279.7 Increase funds for one-time expenses associated with the implementation of CONS. [One-Time Change]

State General Funds

$88,315

279.95 Realize non-Georgia Building Authority lease savings through the consolidation of office space to utilize funds ($39,570) for the development of CONS. (G:YES)(H:YES)(S:YES)

State General Funds

$0

$0

$0

279.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($85,127) for the development of CONS. (G:YES)(H:YES)(S:YES)

State General Funds

$0

$0

$0

279.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($78,243) for the development of CONS. (G:YES)(H:YES)(S:YES)

State General Funds

$0

$0

$0

279.0Board Administration

The purpose of this appropriation is to provide administrative support for the agency.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$5,886,074 $5,886,074 $5,886,074

Appropriation (HB 95)

$5,886,074 $5,886,074 $5,886,074

$5,974,389 $5,974,389 $5,974,389

Clemency Decisions

Continuation Budget

The purpose of this appropriation is to investigate offenders when they enter the corrections system and make determinations about

offender eligibility for parole.

3158

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$10,212,410 $10,212,410 $10,212,410

$10,212,410 $10,212,410 $10,212,410

$10,212,410 $10,212,410 $10,212,410

280.1 Annualize the cost of the FY07 salary adjustment ($95,061) and the 3% salary adjustment for law enforcement personnel ($45,000).

State General Funds

$140,061

$140,061

$140,061

280.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$149,993

$149,993

$149,993

280.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$375,320

$375,320

$375,320

280.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$57,388

$57,388

$57,388

280.0Clemency Decisions

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$10,935,172 $10,935,172 $10,935,172

$10,935,172 $10,935,172 $10,935,172

$10,935,172 $10,935,172 $10,935,172

Parole Supervision

Continuation Budget

The purpose is for transitioning offenders from prison back into the community as productive, law abiding citizens.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$34,476,952 $34,476,952 $34,476,952

$34,476,952 $34,476,952 $34,476,952

$34,476,952 $34,476,952 $34,476,952

TUESDAY, APRIL 17, 2007

3159

281.1 Annualize the cost of the FY07 salary adjustment ($284,470) and the 3% salary adjustment for law enforcement personnel ($220,818).

State General Funds

$505,288

$505,288

$505,288

281.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$541,117

$541,117

$541,117

281.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$1,354,013

$1,354,013

$1,354,013

281.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$207,033

$207,033

$207,033

281.5 Increase funds for a residential option for substance abuse treatment for parolees including one additional program assistant position.

State General Funds

$992,619

$992,619

$992,619

281.6 Increase funds for additional substance abuse after care for offenders returning to the community.

State General Funds

$72,952

$72,952

$72,952

281.0Parole Supervision

Appropriation (HB 95)

The purpose is for transitioning offenders from prison back into the community as productive, law abiding citizens.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$38,149,974 $38,149,974 $38,149,974

$38,149,974 $38,149,974 $38,149,974

$38,149,974 $38,149,974 $38,149,974

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 State General Funds
TOTAL PUBLIC FUNDS

$531,661 $531,661 $531,661

$531,661 $531,661 $531,661

$531,661 $531,661 $531,661

3160

JOURNAL OF THE HOUSE

282.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$4,202

$4,202

$4,202

282.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$4,500

$4,500

$4,500

282.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$11,261

$11,261

$11,261

282.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$1,722

$1,722

$1,722

282.0Victim Services

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$553,346 $553,346 $553,346

$553,346 $553,346 $553,346

$553,346 $553,346 $553,346

Section 36: Properties Commission, State

Section Total - Continuation

TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

$991,080 $991,080 $991,080

$991,080 $991,080 $991,080

$991,080 $991,080 $991,080

TOTAL STATE FUNDS State General Funds

Section Total - Final
$1,250,000 $1,250,000

TUESDAY, APRIL 17, 2007

3161

TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

$991,080 $991,080 $991,080

$991,080 $991,080 $991,080

$999,895 $999,895 $2,249,895

Leasing

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Rental Payments
TOTAL PUBLIC FUNDS

$0 $0 $402,655 $402,655 $402,655 $402,655

$0 $0 $402,655 $402,655 $402,655 $402,655

$0 $0 $402,655 $402,655 $402,655 $402,655

283.1 Annualize the cost of the FY07 salary adjustment. Rental Payments

$0

$0

$3,982

283.0 Leasing

Appropriation (HB 95)

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 State Funds Transfers Rental Payments
TOTAL PUBLIC FUNDS

$402,655 $402,655 $402,655 $402,655

$402,655 $402,655 $402,655 $402,655

$406,637 $406,637 $406,637 $406,637

Properties Commission, State

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers

$0 $0 $588,425 $588,425

$0 $0 $588,425 $588,425

$0 $0 $588,425 $588,425

3162

JOURNAL OF THE HOUSE

Rental Payments TOTAL PUBLIC FUNDS

$588,425 $588,425

$588,425 $588,425

$588,425 $588,425

284.1 Annualize the cost of the FY07 salary adjustment. Rental Payments

$0

$0

$4,833

284.0Properties Commission, State

Appropriation (HB 95)

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 State Funds Transfers Rental Payments
TOTAL PUBLIC FUNDS

$588,425 $588,425 $588,425 $588,425

$588,425 $588,425 $588,425 $588,425

$593,258 $593,258 $593,258 $593,258

Payments to Georgia Building Authority

Continuation Budget

The purpose of this appropriation is to purchase, erect, and maintain buildings and other facilities to house agents and officials of the

state government.

TOTAL STATE FUNDS State General Funds

$0

$0

$0

$0

$0

$0

285.1 Annualize the cost of the FY07 salary adjustment (139,565).

Rental Payments

$0

$0

$0

285.2 Increase real estate rental rate by $0.38 per square foot to cover projected increases in utility expenses ($1,000,000). (G:YES)(H:YES)(S:NO)

Rental Payments

$0

$0

$0

285.3 Increase real estate rental rate by $0.29 per square foot for the FY07 salary adjustment, Workers' Compensation premiums and State Health Benefit Plan increases ($756,335). (G:YES)(H:YES)(S:YES)

Rental Payments

$0

$0

$0

285.4 Increase funds for condition assessments on seventeen state-owned buildings on Capitol Hill. [One-Time Change]

State General Funds

$500,000

TUESDAY, APRIL 17, 2007

3163

285.5 Increase funds for programming and design development for replacements of existing interiors within common areas, electrical, Heating, Ventilation, and Air Conditioning (HVAC) and water intrusion within the Floyd Building. [One-Time Change]

State General Funds

$250,000

285.6 Increase funds for site prep and sale of property. Utilize proceeds to fund the Capitol Vista project which includes the demolition of the State Archives Building and the closure of Mitchell Street. [One-Time Change]
Sites: Archives Building, GBA multi-projects, State Capitol

State General Funds

$500,000

285.99 SAC: The purpose of this appropriation is to provide maintenance, repairs and preparatory work on property owned by the Georgia Building Authority.

State General Funds

$0

285.0Payments to Georgia Building Authority

Appropriation (HB 95)

The purpose of this appropriation is to provide maintenance, repairs and preparatory work on property owned by the Georgia Building Authority.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,250,000 $1,250,000 $1,250,000

Section 37: Public Safety, Department of

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Sales and Services
TOTAL PUBLIC FUNDS

$103,561,759 $103,561,759
$8,328,935 $8,328,935 $9,382,406 $3,151,435 $6,230,971 $121,273,100

$103,561,759 $103,561,759
$8,328,935 $8,328,935 $9,382,406 $3,151,435 $6,230,971 $121,273,100

$103,561,759 $103,561,759
$8,328,935 $8,328,935 $9,382,406 $3,151,435 $6,230,971 $121,273,100

Section Total - Final

3164

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Sales and Services
TOTAL PUBLIC FUNDS

$113,535,891 $113,535,891
$8,328,935 $8,328,935 $9,382,406 $3,151,435 $6,230,971 $131,247,232

$124,341,308 $124,341,308
$8,328,935 $8,328,935 $9,382,406 $3,151,435 $6,230,971 $142,052,649

$115,307,673 $115,307,673
$8,328,935 $8,328,935 $9,382,406 $3,151,435 $6,230,971 $133,019,014

Aviation

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$2,515,895 $2,515,895 $2,515,895

$2,515,895 $2,515,895 $2,515,895

$2,515,895 $2,515,895 $2,515,895

286.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$17,282

$17,282

$17,282

286.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$25,318

$25,318

$25,318

286.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$44,133

$44,133

$44,133

286.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$27,922

$27,922

$27,922

286.0 Aviation

Appropriation (HB 95)

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.

TUESDAY, APRIL 17, 2007

3165

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,630,550 $2,630,550 $2,630,550

$2,630,550 $2,630,550 $2,630,550

$2,630,550 $2,630,550 $2,630,550

Capitol Police Services

Continuation Budget

The purpose of this appropriation is to protect life and property, prevent and detect criminal acts, and enforce traffic regulations

throughout the Capitol.

TOTAL STATE FUNDS TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$0 $3,151,435 $3,151,435 $3,151,435 $3,151,435

$0 $3,151,435 $3,151,435 $3,151,435 $3,151,435

$0 $3,151,435 $3,151,435 $3,151,435 $3,151,435

287.0Capitol Police Services

Appropriation (HB 95)

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 Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$3,151,435 $3,151,435 $3,151,435 $3,151,435

$3,151,435 $3,151,435 $3,151,435 $3,151,435

$3,151,435 $3,151,435 $3,151,435 $3,151,435

Departmental Administration

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$8,774,504 $8,774,504 $8,774,504

$8,774,504 $8,774,504 $8,774,504

$8,774,504 $8,774,504 $8,774,504

288.1 Annualize the cost of the FY07 salary adjustment. State General Funds

$60,976

$60,976

$60,976

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288.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$81,485

$81,485

$81,485

288.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$142,039

$142,039

$142,039

288.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$89,863

$89,863

$89,863

288.5 Increase funds to replace the existing Peace Officer Standards and Training Council (POST) database for personnel, training, certification and disciplinary records. [One-Time Change]

State General Funds

$286,064

288.0Departmental Administration

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$9,148,867 $9,148,867 $9,148,867

$9,148,867 $9,148,867 $9,148,867

$9,434,931 $9,434,931 $9,434,931

Executive Security Services

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$1,392,354 $1,392,354 $1,392,354

$1,392,354 $1,392,354 $1,392,354

$1,392,354 $1,392,354 $1,392,354

289.1 Annualize the cost of the FY07 salary adjustment. State General Funds

$11,425

$11,425

$11,425

TUESDAY, APRIL 17, 2007

3167

289.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$16,455

$16,455

$16,455

289.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$28,683

$28,683

$28,683

289.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$18,147

$18,147

$18,147

289.0Executive Security Services

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$1,467,064 $1,467,064 $1,467,064

$1,467,064 $1,467,064 $1,467,064

$1,467,064 $1,467,064 $1,467,064

Field Offices and Services

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$64,744,317 $64,744,317 $64,744,317

$64,744,317 $64,744,317 $64,744,317

$64,744,317 $64,744,317 $64,744,317

290.1 Annualize the cost of the FY07 salary adjustment ($673,309) and the 3% salary adjustment for law enforcement personnel ($449,196).

State General Funds

$1,122,505

$1,122,505

$1,122,505

290.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (S:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

3168

JOURNAL OF THE HOUSE

State General Funds

$1,413,168

$1,413,168

$1,413,168

290.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$2,463,344

$2,463,344

$2,463,344

290.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$1,105,900

$1,105,900

$1,105,900

290.5 Reduce one-time funds received in HB1027 (FY07) for equipment and supplies for the Motorcycle Unit for the Atlanta-Metro area.

State General Funds

($277,500)

($277,500)

($277,500)

290.6 Transfer funds for the 3% law enforcement salary adjustment received in HB1027 (FY07) to the Motor Carrier Compliance Division (MCCD) program.

State General Funds

($148,277)

($148,277)

($148,277)

290.7 Increase funds for network charges for interoperability to allow public safety service and support providers statewide to communicate via voice and/or data.

State General Funds

$1,248,000

$1,248,000

$1,248,000

290.8 Increase funds for 100 standard trooper cars. (S:Fund twenty-five cars) [No Attribute Identified]

State General Funds

$3,500,000

$875,000

290.9 Increase contract for training at the North Central Law Enforcement Academy.

State General Funds

$250,000

$0

290.10 Increase funds for training and costs associated with the implementation of HB1059 (2006 Session) "Sexual Predator Act". (S:Move to the Peace Officer Standards and Training Council (POST) program)

State General Funds

$118,700

$118,700

290.11 Increase funds for the continuations market benchmark salaries for identified ranks of the Georgia State Patrol Troopers through the supervisory rank of Captain and including all job classes of Communication Equipment Officers, effective January 1, 2008 and include a 3% salary adjustment, above the normal recommended salary adjustment, beginning January 1, 2007 for the following law enforcement positions: Lieutenant and Sergeant 1st Class.

State General Funds

$6,936,717

$0

290.12 Increase funds for continuation market benchmark salaries for all sworn personnel in the Motor Carrier Compliance Division and the Capitol Police as funds are available to the agency internally or through future appropriation. (H:YES)(S:NO)

TUESDAY, APRIL 17, 2007

3169

State General Funds

$0

$0

290.13 Increase funds for HB101 (2006 Session) "Peace Officers' Annuity and Benefit Fund".

State General Funds

$19,423

290.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($208,028) for the replacement of vehicles in excess of 135,000 miles. (G:YES)(H:YES)

State General Funds

$0

$0

($208,028)

290.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($35,007) for the replacement of vehicles in excess of 135,000 miles. (G:YES)(H:YES)

State General Funds

$0

$0

($35,007)

290.0Field Offices and Services

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$71,671,457 $71,671,457 $71,671,457

$82,476,874 $82,476,874 $82,476,874

$72,441,545 $72,441,545 $72,441,545

Motor Carrier Compliance

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$6,612,936 $6,612,936 $5,161,998 $5,161,998 $4,596,898 $4,596,898 $4,596,898 $16,371,832

$6,612,936 $6,612,936 $5,161,998 $5,161,998 $4,596,898 $4,596,898 $4,596,898 $16,371,832

$6,612,936 $6,612,936 $5,161,998 $5,161,998 $4,596,898 $4,596,898 $4,596,898 $16,371,832

291.1 Annualize the cost of the FY07 salary adjustment ($66,195) and the 3% salary adjustment for law enforcement personnel ($148,277).

3170

JOURNAL OF THE HOUSE

State General Funds

$214,472

$214,472

$214,472

291.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (S:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$286,492

$286,492

$286,492

291.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$499,395

$499,395

$499,395

291.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$81,896

$81,896

$81,896

291.5 Transfer funds received for the 3% law enforcement salary adjustment in HB1027 (FY07) from the Field Office and Services program.

State General Funds

$148,277

$148,277

$148,277

291.99 SAC: The purpose of this appropriation is to provide safety and compliance enforcement for commercial motor carriers, school buses, large passenger vehicles, and enforce High Occupancy Vehicle lane use restrictions. House: The purpose of this appropriation is to provide safety and compliance enforcement for commercial motor carriers, school buses, large passenger vehicles, and ensure enforcement of High Occupancy Vehicle lane use restrictions. Governor: Provide safety and compliance enforcement for commercial motor carriers, school buses, large passenger vehicles, and ensure enforcement of High Occupancy Vehicle lane use restrictions.

State General Funds

$0

$0

$0

291.0Motor Carrier Compliance

Appropriation (HB 95)

The purpose of this appropriation is to provide safety and compliance enforcement for commercial motor carriers, school buses, large passenger vehicles, and enforce High Occupancy Vehicle lane use restrictions.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS

$7,843,468 $7,843,468 $5,161,998 $5,161,998 $4,596,898

$7,843,468 $7,843,468 $5,161,998 $5,161,998 $4,596,898

$7,843,468 $7,843,468 $5,161,998 $5,161,998 $4,596,898

TUESDAY, APRIL 17, 2007

3171

Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$4,596,898 $4,596,898 $17,602,364

$4,596,898 $4,596,898 $17,602,364

$4,596,898 $4,596,898 $17,602,364

Specialized Collision Reconstruction Team

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$2,350,545 $2,350,545 $2,350,545

$2,350,545 $2,350,545 $2,350,545

$2,350,545 $2,350,545 $2,350,545

292.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$26,437

$26,437

$26,437

292.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$36,479

$36,479

$36,479

292.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$63,588

$63,588

$63,588

292.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$40,230

$40,230

$40,230

292.0Specialized Collision Reconstruction Team

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$2,517,279 $2,517,279 $2,517,279

$2,517,279 $2,517,279 $2,517,279

$2,517,279 $2,517,279 $2,517,279

Troop J Specialty Units

Continuation Budget

3172

JOURNAL OF THE HOUSE

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 State General Funds
TOTAL PUBLIC FUNDS

$2,291,755 $2,291,755 $2,291,755

$2,291,755 $2,291,755 $2,291,755

$2,291,755 $2,291,755 $2,291,755

293.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$25,399

$25,399

$25,399

293.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$37,221

$37,221

$37,221

293.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$64,881

$64,881

$64,881

293.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$41,048

$41,048

$41,048

293.0Troop J Specialty Units

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$2,460,304 $2,460,304 $2,460,304

$2,460,304 $2,460,304 $2,460,304

$2,460,304 $2,460,304 $2,460,304

Firefighter Standards and Training Council, Georgia

Continuation Budget

The purpose of this appropriation is to provide minimum certification standards for all firefighters and public safety professionals.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$690,145 $690,145 $690,145

$690,145 $690,145 $690,145

$690,145 $690,145 $690,145

TUESDAY, APRIL 17, 2007

3173

294.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$6,146

$6,146

$6,146

294.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$8,546

$8,546

$8,546

294.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$21,650

$21,650

$21,650

294.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$13,405

$13,405

$13,405

294.5 Reduce one-time funds received in HB1027 (FY07) to purchase hardware needed to certify volunteer firefighters as mandated by SB169 (2003 Session).

State General Funds

($22,000)

($22,000)

($22,000)

294.6 Increase funds for one investigator position, one systems analyst II position and additional expenses.

State General Funds

$137,511

$137,511

$137,511

294.7 Increase funds to establish fifteen regional sites statewide for firefighter leadership training to implement SB44 (2007 Session) the "Georgia Fire Officer Development Act". [One-Time Change]

State General Funds

$750,000

294.99 SAC: The purpose of this appropriation is to provide professionally trained, competent and ethical firefighters with the proper equipment and facilities to ensure a fire safe environment for Georgia citizens and establish professional standards for fire service training, including consulting, testing and certification of Georgia's firefighters. House: The purpose of this appropriation is to provide professionally trained, competent and ethical firefighters with the proper equipment and facilities to ensure a fire safe environment for our citizens and establish professional standards for fire service training including consulting, testing and certification. Governor: Provide professionally trained, competent and ethical firefighters with the proper equipment and facilities to ensure a fire safe environment for our citizens and establish professional standards for fire service training including consulting, testing and certification.

State General Funds

$0

$0

$0

294.0Firefighter Standards and Training Council, Georgia

Appropriation (HB 95)

3174

JOURNAL OF THE HOUSE

The purpose of this appropriation is to provide professionally trained, competent and ethical firefighters with the proper equipment and facilities to ensure a fire safe environment for Georgia citizens and establish professional standards for fire service training, including consulting, testing and certification of Georgia's firefighters.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$855,403 $855,403 $855,403

$855,403 $855,403 $855,403

$1,605,403 $1,605,403 $1,605,403

Highway Safety, Office of

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$503,885 $503,885 $3,166,937 $3,166,937 $3,670,822

$503,885 $503,885 $3,166,937 $3,166,937 $3,670,822

$503,885 $503,885 $3,166,937 $3,166,937 $3,670,822

295.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$4,961

$4,961

$4,961

295.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$6,438

$6,438

$6,438

295.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$6,011

$6,011

$6,011

295.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($889) for real estate charges. (G:YES)(H:YES)(S:YES)

State General Funds

$0

$0

$0

295.0Highway Safety, Office of

Appropriation (HB 95)

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.

TUESDAY, APRIL 17, 2007

3175

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$521,295 $521,295 $3,166,937 $3,166,937 $3,688,232

$521,295 $521,295 $3,166,937 $3,166,937 $3,688,232

$521,295 $521,295 $3,166,937 $3,166,937 $3,688,232

Peace Officer Standards and Training Council, Georgia

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$2,038,767 $2,038,767 $2,038,767

$2,038,767 $2,038,767 $2,038,767

$2,038,767 $2,038,767 $2,038,767

296.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$17,685

$17,685

$17,685

296.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$26,508

$26,508

$26,508

296.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$64,387

$64,387

$64,387

296.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$10,532

$10,532

$10,532

296.5 Eliminate one-time funds received in HB1027 (FY07) to develop a new Certification Exam.

State General Funds

($30,000)

296.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($986) for the purchase of three licenses for Microsoft Office suite. (G:YES)(H:YES)

State General Funds

$0

$0

($986)

296.99 SAC: The purpose of this appropriation is to set standards for the law enforcement community, ensure training at the highest level for all of Georgia's law enforcement officers and public safety professionals, and certify individuals when all

3176

JOURNAL OF THE HOUSE

requirements are met. The purpose of this appropriation is also to investigate officers and public safety professionals when an allegation of unethical/illegal conduct is made and sanction these individuals' by disciplining officers and public safety professionals when necessary. House: The purpose of this appropriation is to set standards for the law enforcement community; ensure training at the highest level for all of Georgia's law enforcement officers and public safety professionals; and certify individuals when all requirements are met. Investigate officers and public safety professionals when an allegation of unethical/illegal conduct is made; sanction these individuals' certification(s) when necessary. Governor: Set standards for the law enforcement community; ensure training at the highest level for all of Georgia's law enforcement officers and public safety professionals; and certify individuals when all requirements are met. Investigate officers and public safety professionals when an allegation of unethical/illegal conduct is made; sanction these individuals' certification(s) when necessary.

State General Funds

$0

$0

$0

296.0Peace Officer Standards and Training Council, Georgia

Appropriation (HB 95)

The purpose of this appropriation is to set standards for the law enforcement community, ensure training at the highest level for all of Georgia's law enforcement officers and public safety professionals, and certify individuals when all requirements are met. The purpose of this appropriation is also to investigate officers and public safety professionals when an allegation of unethical/illegal conduct is made and sanction these individuals' by disciplining officers and public safety professionals when necessary.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,157,879 $2,157,879 $2,157,879

$2,157,879 $2,157,879 $2,157,879

$2,126,893 $2,126,893 $2,126,893

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$11,646,656 $11,646,656 $1,634,073 $1,634,073 $1,634,073 $13,280,729

$11,646,656 $11,646,656 $1,634,073 $1,634,073 $1,634,073 $13,280,729

$11,646,656 $11,646,656 $1,634,073 $1,634,073 $1,634,073 $13,280,729

TUESDAY, APRIL 17, 2007

3177

297.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$100,240

$100,240

$100,240

297.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$131,663

$131,663

$131,663

297.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$327,857

$327,857

$327,857

297.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$55,909

$55,909

$55,909

297.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($108) for classroom improvements at the Northwest Georgia Regional Police Academy. (G:YES)(H:YES)

State General Funds

$0

$0

($108)

297.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($3,276) for classroom improvements at the Northwest Georgia Regional Police Academy. (G:YES)(H:YES)

State General Funds

$0

$0

($3,276)

297.0Public Safety Training Center, Georgia

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$12,262,325 $12,262,325 $1,634,073 $1,634,073 $1,634,073 $13,896,398

$12,262,325 $12,262,325 $1,634,073 $1,634,073 $1,634,073 $13,896,398

$12,258,941 $12,258,941 $1,634,073 $1,634,073 $1,634,073 $13,893,014

Section 38: Public Service Commission

Section Total - Continuation

TOTAL STATE FUNDS State General Funds

$9,047,095 $9,047,095

$9,047,095 $9,047,095

$9,047,095 $9,047,095

3178

JOURNAL OF THE HOUSE

TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$273,311 $273,311 $9,320,406

$273,311 $273,311 $9,320,406

$273,311 $273,311 $9,320,406

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$9,853,420 $9,853,420
$273,311 $273,311 $10,126,731

Section Total - Final

$10,118,536 $10,118,536
$273,311 $273,311 $10,391,847

$9,800,074 $9,800,074
$273,311 $273,311 $10,073,385

Commission Administration

Continuation Budget

The purpose of this appropriation is to assist the Commissioners and staff in achieving the agency's goals.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,187,065 $1,187,065 $1,187,065

$1,187,065 $1,187,065 $1,187,065

$1,187,065 $1,187,065 $1,187,065

298.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$10,949

$10,949

$10,949

298.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$16,813

$16,813

$16,813

298.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$42,771

$42,771

$42,771

298.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$6,703

$6,703

$6,703

298.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$4,770

$4,770

$4,770

298.6 Reduce funds from operations.

State General Funds

($5,830)

($5,830)

($5,830)

298.7 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations.

TUESDAY, APRIL 17, 2007

3179

State General Funds

($3,852)

($3,852)

($3,852)

298.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($901) for GBA rate change. (G:YES)(H:YES)

State General Funds

$0

$0

($901)

298.0Commission Administration

Appropriation (HB 95)

The purpose of this appropriation is to assist the Commissioners and staff in achieving the agency's goals.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,259,389 $1,259,389 $1,259,389

$1,259,389 $1,259,389 $1,259,389

$1,258,488 $1,258,488 $1,258,488

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$630,324 $630,324 $273,311 $273,311 $903,635

$630,324 $630,324 $273,311 $273,311 $903,635

$630,324 $630,324 $273,311 $273,311 $903,635

299.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$6,640

$6,640

$6,640

299.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$8,927

$8,927

$8,927

299.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$23,031

$23,031

$23,031

299.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$4,022

$4,022

$4,022

299.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$2,875

$2,875

$2,875

3180

JOURNAL OF THE HOUSE

299.6 Increase funds for operations.

State General Funds

$47,705

$47,705

$47,705

299.7 Increase funds for the Georgia Utility Facility Protection Act (GUFPA) enforcement cases to encourage compliance and increase training participation.

State General Funds

$25,000

$25,000

$25,000

299.8 Increase funds for two pipeline safety inspector positions and two vehicles to enforce state and federal natural gas regulations.

State General Funds

$108,097

$108,097

$108,097

299.9 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to increase funds for one vacant pipeline safety inspector position.

State General Funds

$26,667

$26,667

$0

299.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($2,270) for GBA rate change. (G:YES)(H:YES)

State General Funds

$0

$0

($2,270)

299.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($693) for GBA rate change. (G:YES)(H:YES)

State General Funds

$0

$0

($693)

299.0Facility Protection

Appropriation (HB 95)

The purpose of this is to provide for the protection of the buried utility facility infrastructure within the State of Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$883,288 $883,288 $273,311 $273,311 $1,156,599

$883,288 $883,288 $273,311 $273,311 $1,156,599

$853,658 $853,658 $273,311 $273,311 $1,126,969

Utilities Regulation

Continuation Budget

The purpose of this appropriation is to regulate intrastate telecommunications, natural gas, and electric utilities.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$7,229,706 $7,229,706 $7,229,706

$7,229,706 $7,229,706 $7,229,706

$7,229,706 $7,229,706 $7,229,706

TUESDAY, APRIL 17, 2007

3181

300.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$69,360

$69,360

$69,360

300.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$102,398

$102,398

$102,398

300.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$263,207

$263,207

$263,207

300.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$31,282

$31,282

$31,282

300.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$25,134

$25,134

$25,134

300.6 Increase funds for operations.

State General Funds

$12,471

$12,471

$12,471

300.7 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations.

State General Funds

($22,815)

($22,815)

($22,815)

300.8 Increase funds for one Public Utility Advisor/Economist position.

State General Funds

$82,558

$0

300.9 Increase funds for one Financial Analyst/Accountant position.

State General Funds

$82,558

$0

300.10 Increase funds for transportation enforcement.

State General Funds

$100,000

$0

300.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($17,477) for GBA rate change. (G:YES)(H:YES)

State General Funds

$0

$0

($17,477)

300.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($5,338) for GBA rate change. (G:YES)(H:YES)

State General Funds

$0

$0

($5,338)

3182

JOURNAL OF THE HOUSE

300.0Utilities Regulation

Appropriation (HB 95)

The purpose of this appropriation is to regulate intrastate telecommunications, natural gas, and electric utilities.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$7,710,743 $7,710,743 $7,710,743

$7,975,859 $7,975,859 $7,975,859

$7,687,928 $7,687,928 $7,687,928

Section 39: Regents, University System of Georgia

Section Total - Continuation

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
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 AGENCY FUNDS Contributions, Donations, and Forfeitures Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services
TOTAL PUBLIC FUNDS

$1,932,973,502 $1,917,240,948
$15,732,554 $2,911,515,211
$3,625,810 $1,648,562,847
$66,830,855 $1,192,495,699 $4,844,488,713

$1,932,973,502 $1,917,240,948
$15,732,554 $2,911,515,211
$3,625,810 $1,648,562,847
$66,830,855 $1,192,495,699 $4,844,488,713

$1,932,973,502 $1,917,240,948
$15,732,554 $2,911,515,211
$3,625,810 $1,648,562,847
$66,830,855 $1,192,495,699 $4,844,488,713

Section Total - Final

$2,133,435,872 $2,111,598,073
$21,837,799 $2,908,641,879
$3,625,810 $1,648,729,015
$63,791,355 $1,192,495,699 $5,042,077,751

$2,142,656,935 $2,120,819,136
$21,837,799 $2,908,641,879
$3,625,810 $1,648,729,015
$63,791,355 $1,192,495,699 $5,051,298,814

$2,129,563,914 $2,109,226,115
$20,337,799 $2,908,641,879
$3,625,810 $1,648,729,015
$63,791,355 $1,192,495,699 $5,038,205,793

Advanced Technology Development Center/Economic Development Institute

Continuation Budget

TUESDAY, APRIL 17, 2007

3183

The purpose of this appropriation is to provide strategic business advice and connect its member companies to the people and

resources they need to succeed.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$14,572,215 $14,572,215 $12,875,000 $7,875,000 $7,875,000 $5,000,000 $5,000,000 $27,447,215

$14,572,215 $14,572,215 $12,875,000 $7,875,000 $7,875,000 $5,000,000 $5,000,000 $27,447,215

$14,572,215 $14,572,215 $12,875,000 $7,875,000 $7,875,000 $5,000,000 $5,000,000 $27,447,215

301.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$174,432

$174,432

$174,432

301.2 Increase funds for a 3% funding level for merit-based increases for Regents faculty and Regents non-academic personnel effective January 1, 2008.

State General Funds

$129,831

$129,831

$129,831

301.3 Increase funds to expand current staffing levels at the Small Business Innovation Research (SBIR) Assistance Program to allow more counseling with developing companies and increase federal SBIR awards.

State General Funds

$190,000

$190,000

$190,000

301.4 Increase funds to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

State General Funds

$33,234

$33,234

$33,234

301.5 Increase funds for electricity and natural gas.

State General Funds

$7,805

$7,805

$0

301.0Advanced Technology Development Center/Economic Development Institute

Appropriation (HB 95)

The purpose of this appropriation is to provide strategic business advice and connect its member companies to the people and resources they need to succeed.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS

$15,107,517 $15,107,517 $12,875,000

$15,107,517 $15,107,517 $12,875,000

$15,099,712 $15,099,712 $12,875,000

3184

JOURNAL OF THE HOUSE

Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$7,875,000 $7,875,000 $5,000,000 $5,000,000 $27,982,517

$7,875,000 $7,875,000 $5,000,000 $5,000,000 $27,982,517

$7,875,000 $7,875,000 $5,000,000 $5,000,000 $27,974,712

Agricultural Experiment Station

Continuation Budget

The purpose of this appropriation is to improve production, processing, new product development, food safety, storage and marketing

to increase profitability and global competiveness.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$40,506,864 $40,506,864 $32,441,262 $26,604,976 $26,604,976 $1,800,000 $1,800,000 $4,036,286 $4,036,286 $72,948,126

$40,506,864 $40,506,864 $32,441,262 $26,604,976 $26,604,976 $1,800,000 $1,800,000 $4,036,286 $4,036,286 $72,948,126

$40,506,864 $40,506,864 $32,441,262 $26,604,976 $26,604,976 $1,800,000 $1,800,000 $4,036,286 $4,036,286 $72,948,126

302.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$601,972

$601,972

$601,972

302.2 Increase funds for a 3% funding level for merit-based increases for Regents faculty and Regents non-academic personnel effective January 1, 2008.

State General Funds

$469,965

$469,965

$469,965

302.3 Increase funds for maintenance and operations.

State General Funds

$700,000

$700,000

$700,000

302.4 Increase funds to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

State General Funds

$282,420

$282,420

$282,420

302.5 Increase funds for electricity and natural gas.

State General Funds

$300,211

$300,211

$0

TUESDAY, APRIL 17, 2007

3185

302.6 Increase funds for a specialist to study insect and disease damage caused by the tomato spotted wilt virus. (S:Increase funds for one cotton entomologist, one vector biologist specialist, and one turf grass breeder for the College of Agriculture at the University of Georgia)

State General Funds

$150,000

$375,000

302.0Agricultural Experiment Station

Appropriation (HB 95)

The purpose of this appropriation is to improve production, processing, new product development, food safety, storage and marketing to increase profitability and global competiveness.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$42,861,432 $42,861,432 $32,441,262 $26,604,976 $26,604,976 $1,800,000 $1,800,000 $4,036,286 $4,036,286 $75,302,694

$43,011,432 $43,011,432 $32,441,262 $26,604,976 $26,604,976 $1,800,000 $1,800,000 $4,036,286 $4,036,286 $75,452,694

$42,936,221 $42,936,221 $32,441,262 $26,604,976 $26,604,976 $1,800,000 $1,800,000 $4,036,286 $4,036,286 $75,377,483

Athens and Tifton Veterinary Laboratories

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$83,084 $83,084 $4,653,970 $4,653,970 $4,653,970 $4,737,054

$83,084 $83,084 $4,653,970 $4,653,970 $4,653,970 $4,737,054

$83,084 $83,084 $4,653,970 $4,653,970 $4,653,970 $4,737,054

303.1 Annualize the cost of the FY07 salary adjustment. Intergovernmental Transfers Not Itemized

$83,084

$83,084

$83,084

3186

JOURNAL OF THE HOUSE

303.2 Increase funds for a 3% funding level for merit-based increases for Regents faculty and Regents non-academic personnel effective January 1, 2008.

State General Funds

$62,192

$62,192

$62,192

303.3 Transfer funds received for the FY07 pay raise and activities to contract within the Department of Agriculture.

State General Funds Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS

($83,084) $83,084
$0

($83,084) $83,084
$0

($83,084) $83,084
$0

303.0Athens and Tifton Veterinary Laboratories

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$62,192 $62,192 $4,820,138 $4,820,138 $4,820,138 $4,882,330

$62,192 $62,192 $4,820,138 $4,820,138 $4,820,138 $4,882,330

$62,192 $62,192 $4,820,138 $4,820,138 $4,820,138 $4,882,330

Cooperative Extension Service

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$33,554,274 $33,554,274 $23,094,137 $20,546,243 $20,546,243
$125,000 $125,000 $2,422,894 $2,422,894 $56,648,411

$33,554,274 $33,554,274 $23,094,137 $20,546,243 $20,546,243
$125,000 $125,000 $2,422,894 $2,422,894 $56,648,411

$33,554,274 $33,554,274 $23,094,137 $20,546,243 $20,546,243
$125,000 $125,000 $2,422,894 $2,422,894 $56,648,411

TUESDAY, APRIL 17, 2007

3187

304.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$586,158

$586,158

$586,158

304.2 Increase funds for a 3% funding level for merit-based increases for Regents faculty and Regents non-academic personnel effective January 1, 2008.

State General Funds

$454,250

$454,250

$454,250

304.3 Increase funds for maintenance and operations.

State General Funds

$300,000

$300,000

$300,000

304.4 Eliminate remaining one-time funds received in for the Formosan Termite Project.

State General Funds

($20,000)

$150,000

$0

304.5 Increase funds to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

State General Funds

$342,242

$342,242

$342,242

304.6 Increase funds for electricity and natural gas.

State General Funds

$289,577

$289,577

$0

304.7 Increase funds to complete construction of the Sutton Dining Hall at Rock Eagle. (S:Move to bonds)

State General Funds

$2,650,000

$0

304.8 Increase funds to upgrade the facilities at the Vidalia Onion and Vegetable Research Center.

State General Funds

$75,000

304.0Cooperative Extension Service

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services

$35,506,501 $35,506,501 $23,094,137 $20,546,243 $20,546,243
$125,000 $125,000 $2,422,894

$38,326,501 $38,326,501 $23,094,137 $20,546,243 $20,546,243
$125,000 $125,000 $2,422,894

$35,311,924 $35,311,924 $23,094,137 $20,546,243 $20,546,243
$125,000 $125,000 $2,422,894

3188

JOURNAL OF THE HOUSE

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$2,422,894 $58,600,638

$2,422,894 $61,420,638

$2,422,894 $58,406,061

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 State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$659,442 $659,442 $300,405 $200,000 $200,000 $100,405 $100,405 $959,847

$659,442 $659,442 $300,405 $200,000 $200,000 $100,405 $100,405 $959,847

$659,442 $659,442 $300,405 $200,000 $200,000 $100,405 $100,405 $959,847

305.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$12,000

$12,000

$12,000

305.2 Increase funds for a 3% funding level for merit-based increases for Regents faculty and Regents non-academic personnel effective January 1, 2008.

State General Funds

$9,108

$9,108

$9,108

305.3 Increase funds to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

State General Funds

$6,838

$6,838

$6,838

305.4 Increase funds for electricity and natural gas.

State General Funds

$3,460

$3,460

$0

305.0Forestry Cooperative Extension

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS

$690,848 $690,848 $300,405

$690,848 $690,848 $300,405

$687,388 $687,388 $300,405

TUESDAY, APRIL 17, 2007

3189

Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$200,000 $200,000 $100,405 $100,405 $991,253

$200,000 $200,000 $100,405 $100,405 $991,253

$200,000 $200,000 $100,405 $100,405 $987,793

Forestry Research

Continuation Budget

The purpose of this appropriation is to sustain the competitiveness of Georgia's forest products' industry and private land owners

through research and meet the environmental goals of the Sustainable Forestry Initiative.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$3,134,341 $3,134,341 $2,550,000 $2,000,000 $2,000,000
$550,000 $550,000 $5,684,341

$3,134,341 $3,134,341 $2,550,000 $2,000,000 $2,000,000
$550,000 $550,000 $5,684,341

$3,134,341 $3,134,341 $2,550,000 $2,000,000 $2,000,000
$550,000 $550,000 $5,684,341

306.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$57,764

$57,764

$57,764

306.2 Increase funds for a 3% funding level for merit-based increases for Regents faculty and Regents non-academic personnel effective January 1, 2008.

State General Funds

$42,002

$42,002

$42,002

306.3 Increase funds to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

State General Funds

$42,224

$42,224

$42,224

306.4 Increase funds for electricity and natural gas.

State General Funds

$28,964

$28,964

$0

306.0Forestry Research

Appropriation (HB 95)

The purpose of this appropriation is to sustain the competitiveness of Georgia's forest products' industry and private land owners through research and meet the environmental goals of the Sustainable Forestry Initiative.

3190

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$3,305,295 $3,305,295 $2,550,000 $2,000,000 $2,000,000
$550,000 $550,000 $5,855,295

$3,305,295 $3,305,295 $2,550,000 $2,000,000 $2,000,000
$550,000 $550,000 $5,855,295

$3,276,331 $3,276,331 $2,550,000 $2,000,000 $2,000,000
$550,000 $550,000 $5,826,331

Georgia Radiation Therapy Center The purpose of this appropriation is to provide patient care and education.
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS

Continuation Budget

$0 $0 $3,625,810 $3,625,810 $3,625,810 $3,625,810

$0 $0 $3,625,810 $3,625,810 $3,625,810 $3,625,810

$0 $0 $3,625,810 $3,625,810 $3,625,810 $3,625,810

307.0Georgia Radiation Therapy Center
The purpose of this appropriation is to provide patient care and education.
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS

$3,625,810 $3,625,810 $3,625,810 $3,625,810

Appropriation (HB 95)

$3,625,810 $3,625,810 $3,625,810 $3,625,810

$3,625,810 $3,625,810 $3,625,810 $3,625,810

Georgia Tech Research Institute

Continuation Budget

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.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized

$7,548,482 $7,548,482 $122,917,958 $76,469,736 $76,469,736

$7,548,482 $7,548,482 $122,917,958 $76,469,736 $76,469,736

$7,548,482 $7,548,482 $122,917,958 $76,469,736 $76,469,736

TUESDAY, APRIL 17, 2007

3191

Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$38,748,222 $38,748,222 $7,700,000 $7,700,000 $130,466,440

$38,748,222 $38,748,222 $7,700,000 $7,700,000 $130,466,440

$38,748,222 $38,748,222 $7,700,000 $7,700,000 $130,466,440

308.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$134,722

$134,722

$134,722

308.2 Increase funds for a 3% funding level for merit-based increases for Regents faculty and Regents non-academic personnel effective January 1, 2008.

State General Funds

$105,629

$105,629

$105,629

308.3 Increase funds to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

State General Funds

$34,594

$34,594

$34,594

308.4 Increase funds for electricity and natural gas.

State General Funds

$38,341

$38,341

$0

308.5 Increase funds for the Agricultural Technology Research Program to replace aging Ion/High Pressure Liquid Chromatograph. [One-Time Change]

State General Funds

$45,000

308.0Georgia Tech Research Institute

Appropriation (HB 95)

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.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services

$7,861,768 $7,861,768 $122,917,958 $76,469,736 $76,469,736 $38,748,222 $38,748,222 $7,700,000

$7,861,768 $7,861,768 $122,917,958 $76,469,736 $76,469,736 $38,748,222 $38,748,222 $7,700,000

$7,868,427 $7,868,427 $122,917,958 $76,469,736 $76,469,736 $38,748,222 $38,748,222 $7,700,000

3192

JOURNAL OF THE HOUSE

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$7,700,000

$7,700,000

$7,700,000

$130,779,726 $130,779,726 $130,786,385

Marine Institute

Continuation Budget

The purpose of this appropriation is to understand the processes that affect the condition of the salt marsh and coastline.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL PUBLIC FUNDS

$943,916 $943,916 $767,633 $700,000 $700,000
$67,633 $67,633 $1,711,549

$943,916 $943,916 $767,633 $700,000 $700,000
$67,633 $67,633 $1,711,549

$943,916 $943,916 $767,633 $700,000 $700,000
$67,633 $67,633 $1,711,549

309.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$5,667

$5,667

$5,667

309.2 Increase funds for a 3% funding level for merit-based increases for Regents faculty and Regents non-academic personnel effective January 1, 2008.

State General Funds

$9,810

$9,810

$9,810

309.3 Increase funds to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

State General Funds

$4,968

$4,968

$4,968

309.4 Increase funds for electricity and natural gas.

State General Funds

$17,373

$17,373

$0

309.0Marine Institute

Appropriation (HB 95)

The purpose of this appropriation is to understand the processes that affect the condition of the salt marsh and coastline.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized

$981,734 $981,734 $767,633 $700,000 $700,000

$981,734 $981,734 $767,633 $700,000 $700,000

$964,361 $964,361 $767,633 $700,000 $700,000

TUESDAY, APRIL 17, 2007

3193

Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL PUBLIC FUNDS

$67,633 $67,633 $1,749,367

$67,633 $67,633 $1,749,367

$67,633 $67,633 $1,731,994

Marine Resources Extension Center

Continuation Budget

The purpose of this appropriation is to transfer technology, provide training, and conduct applied research.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,528,207 $1,528,207 $1,184,800
$600,000 $600,000
$90,000 $90,000 $494,800 $494,800 $2,713,007

$1,528,207 $1,528,207 $1,184,800
$600,000 $600,000
$90,000 $90,000 $494,800 $494,800 $2,713,007

$1,528,207 $1,528,207 $1,184,800
$600,000 $600,000
$90,000 $90,000 $494,800 $494,800 $2,713,007

310.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$22,010

$22,010

$22,010

310.2 Increase funds for a 3% funding level for merit-based increases for Regents faculty and Regents non-academic personnel effective January 1, 2008.

State General Funds

$17,242

$17,242

$17,242

310.3 Increase funds to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

State General Funds

$9,262

$9,262

$9,262

310.4 Increase funds for electricity and natural gas.

State General Funds

$18,507

$18,507

$0

310.0Marine Resources Extension Center

Appropriation (HB 95)

The purpose of this appropriation is to transfer technology, provide training, and conduct applied research.

TOTAL STATE FUNDS State General Funds

$1,595,228 $1,595,228

$1,595,228 $1,595,228

$1,576,721 $1,576,721

3194

JOURNAL OF THE HOUSE

TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
Medical College of Georgia Hospital and Clinics The purpose of this appropriation is to care, teach, and refer clients.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,184,800 $600,000 $600,000 $90,000 $90,000 $494,800 $494,800
$2,780,028

$1,184,800 $600,000 $600,000 $90,000 $90,000 $494,800 $494,800
$2,780,028

$1,184,800 $600,000 $600,000 $90,000 $90,000 $494,800 $494,800
$2,761,521

Continuation Budget

$32,272,644 $32,272,644 $32,272,644

$32,272,644 $32,272,644 $32,272,644

$32,272,644 $32,272,644 $32,272,644

311.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$511,450

$511,450

$511,450

311.2 Increase funds for a 3% funding level for merit-based increases for Regents faculty and Regents non-academic personnel effective January 1, 2008.

State General Funds

$397,018

$397,018

$397,018

311.0Medical College of Georgia Hospital and Clinics
The purpose of this appropriation is to care, teach, and refer clients. TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

Appropriation (HB 95)

$33,181,112 $33,181,112 $33,181,112

$33,181,112 $33,181,112 $33,181,112

$33,181,112 $33,181,112 $33,181,112

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.

TUESDAY, APRIL 17, 2007

3195

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$860,161 $860,161 $860,161

$860,161 $860,161 $860,161

$860,161 $860,161 $860,161

312.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$10,052

$10,052

$10,052

312.2 Increase funds for a 3% funding level for merit-based increases for Regents faculty and Regents non-academic personnel effective January 1, 2008.

State General Funds

$6,910

$6,910

$6,910

312.3 Increase funds to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

State General Funds

$7,150

$7,150

$7,150

312.0Office of Minority Business Enterprise

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$884,273 $884,273 $884,273

$884,273 $884,273 $884,273

$884,273 $884,273 $884,273

Payments to the Georgia Cancer Coalition

Continuation Budget

The purpose of this appropriation is to provide funds to the Cancer Coalition for ongoing research and preventative measures.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL PUBLIC FUNDS

$9,982,554 $0
$9,982,554 $9,982,554

$9,982,554 $0
$9,982,554 $9,982,554

$9,982,554 $0
$9,982,554 $9,982,554

313.1 Increase funds for coalition staff and operations.

Tobacco Settlement Funds

$89,289

$89,289

$89,289

313.2 Increase funds to recruit twenty Eminent Cancer Scientists and Clinicians.

Tobacco Settlement Funds

$1,707,623

$1,707,623

$1,707,623

313.3 Increase funds for the continued development of the Quality Information Exchange. [One-Time Change]

3196

JOURNAL OF THE HOUSE

Tobacco Settlement Funds

$4,083,333

$3,783,333

$4,083,333

313.4 Increase funds for the Regional Programs of Excellence to provide community prevention and screening activities.

Tobacco Settlement Funds

$100,000

$300,000

$100,000

313.5 Increase funds to continue development and expansion of the oncology clinical trials network.

Tobacco Settlement Funds

$125,000

$125,000

$125,000

313.6 Reduce Cancer Coalition Initiatives base funding to redirect to core funding for Regional Cancer Centers.

Tobacco Settlement Funds

($500,000)

$0

313.7 Increase core operational funds for the six Regional Cancer Coalitions: Southwest Georgia, Central Georgia, East Georgia, Northwest Georgia, Southeast Georgia, and West Central Georgia Cancer Coalitions. (S:Transfer funds to the Department of Community Health, Health Care Access and Improvement program for the six Regional Cancer Coalitions of Excellence)

Tobacco Settlement Funds

$600,000 ($1,500,000)

313.0Payments to the Georgia Cancer Coalition

Appropriation (HB 95)

The purpose of this appropriation is to provide funds to the Cancer Coalition for ongoing research and preventative measures.

TOTAL STATE FUNDS Tobacco Settlement Funds
TOTAL PUBLIC FUNDS

$16,087,799 $16,087,799 $16,087,799

$16,087,799 $16,087,799 $16,087,799

$14,587,799 $14,587,799 $14,587,799

Public Libraries

Continuation Budget

The purpose of this appropriation is to provide library services for Georgians and to award grants from the Public Library Fund.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$37,968,698 $37,968,698 $4,522,400 $4,522,400 $4,522,400 $42,491,098

$37,968,698 $37,968,698 $4,522,400 $4,522,400 $4,522,400 $42,491,098

$37,968,698 $37,968,698 $4,522,400 $4,522,400 $4,522,400 $42,491,098

314.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$440,850

$440,850

314.2 Increase funds for a 3% salary increase for public library employees effective January 1, 2008.

$440,850

TUESDAY, APRIL 17, 2007

3197

State General Funds

$314,188

$314,188

$314,188

314.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$975,343

$975,343

$975,343

314.4 Increase funds to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

State General Funds

$9,728

$9,728

$9,728

314.5 Increase funds for the Public Library State Grants formula due to an increase in the state population.

State General Funds

$297,294

$297,294

$297,294

314.6 Increase funds for needed equipment at the Glynn County Library. (S:See line 314.8)

State General Funds

$19,000

$0

314.7 Increase funds to replace hardware associated with internet filtering in public libraries to comply with state and federal law.
[One-Time Change]

State General Funds

$90,000

314.8 Increase funds for repair and renovation needs at facilities within the Georgia Public Library System. [One-Time Change]

State General Funds

$2,500,000

314.0Public Libraries

Appropriation (HB 95)

The purpose of this appropriation is to provide library services for Georgians and to award grants from the Public Library Fund.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$40,006,101 $40,006,101 $4,522,400 $4,522,400 $4,522,400 $44,528,501

$40,025,101 $40,025,101 $4,522,400 $4,522,400 $4,522,400 $44,547,501

$42,596,101 $42,596,101 $4,522,400 $4,522,400 $4,522,400 $47,118,501

Public Service / Special Funding Initiatives

The purpose of this appropriation is to provide leadership, service, and education.

TOTAL STATE FUNDS State General Funds

$32,417,559 $27,417,559

Continuation Budget

$32,417,559 $27,417,559

$32,417,559 $27,417,559

3198

JOURNAL OF THE HOUSE

Tobacco Settlement Funds TOTAL PUBLIC FUNDS

$5,000,000 $32,417,559

$5,000,000 $32,417,559

$5,000,000 $32,417,559

315.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$287,886

$287,886

$287,886

315.2 Increase funds for a 3% funding level for merit-based increases for Regents faculty and Regents non-academic personnel effective January 1, 2008.

State General Funds

$161,903

$161,903

$161,903

315.3 Increase funds for the Medical College of Georgia to expand the medical school to the Athens area. (H:Fund study for the Medical College of Georgia capacity and future expansion opportunities at the Augusta campus)

State General Funds

$3,838,996

$2,838,996

$3,838,996

315.4 Eliminate one-time funds received in HB1027 (FY07) for the bio-business incubator at the Medical College of Georgia.

State General Funds

($500,000)

($500,000)

($500,000)

315.5 Increase funds to support the Georgia Gwinnett College. [One-Time Change]

State General Funds

$10,000,000 $10,000,000 $10,000,000

315.6 Increase funds for the UGA-Griffin campus to expand education course offerings.

State General Funds

$500,000

$500,000

$500,000

315.7 Increase funds for the Water Policy Planning Center at Albany State University. [One-Time Change]

State General Funds

$800,000

$180,000

315.8 Increase funds for The Washington Center for Internships and Academic Seminars: Georgia Initiative - a program providing eighteen tuition scholarships at $5,000 each for Georgia students interested in experiencing and extending their education by serving a semester in Washington D.C.

State General Funds

$90,000

$0

315.9 Increase funds to conduct a business plan to support the incorporation efforts for Chattahoochee Hills. [One-Time Change]

State General Funds

$75,000

315.0Public Service / Special Funding Initiatives The purpose of this appropriation is to provide leadership, service, and education.

Appropriation (HB 95)

TUESDAY, APRIL 17, 2007

3199

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL PUBLIC FUNDS

$46,706,344 $41,706,344 $5,000,000 $46,706,344

$46,596,344 $41,596,344 $5,000,000 $46,596,344

$46,961,344 $41,961,344 $5,000,000 $46,961,344

Regents Central Office

Continuation Budget

The purpose of this appropriation is to provide administrative support to all colleges and universities in the university system.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$7,984,377 $7,984,377 $7,984,377

$7,984,377 $7,984,377 $7,984,377

$7,984,377 $7,984,377 $7,984,377

316.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$110,130

$110,130

$110,130

316.2 Increase funds for a 3% funding level for merit-based increases for Regents faculty and Regents non-academic personnel effective January 1, 2008.

State General Funds

$96,340

$96,340

$96,340

316.3 Increase funds for Southern Regional Education Board (SREB) dues, the Regional Contract program to meet actual contract costs, and the Minority Doctoral Scholars program to add three additional students. (H:YES; Provide $157,586 for an additional 5 students in the field of optometry)

State General Funds

$94,552

$252,138

$94,552

316.4 Increase funds to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

State General Funds

$43,414

$43,414

$43,414

316.5 Increase funds for the Georgia Building Authority (GBA) rental rate. (S:NO to GBA rate increase for utilities)

State General Funds

$55,349

$55,349

$23,835

316.6 Increase funds to reflect an adjustment in Workers' Compensation premiums.

State General Funds

$150,247

$150,247

$150,247

316.0Regents Central Office

Appropriation (HB 95)

The purpose of this appropriation is to provide administrative support to all colleges and universities in the university system.

3200

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$8,534,409 $8,534,409 $8,534,409

$8,691,995 $8,691,995 $8,691,995

$8,502,895 $8,502,895 $8,502,895

Research Consortium

Continuation Budget

The purpose of this appropriation is to conduct research to further industry in the State of Georgia.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL PUBLIC FUNDS

$26,400,251 $25,650,251
$750,000 $26,400,251

$26,400,251 $25,650,251
$750,000 $26,400,251

$26,400,251 $25,650,251
$750,000 $26,400,251

317.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$108,692

$108,692

$108,692

317.2 Increase funds for a 3% funding level for merit-based increases for Regents faculty and Regents non-academic personnel effective January 1, 2008.

State General Funds

$236,072

$236,072

$236,072

317.3 Transfer funds and activities for the energy eminent scholars ($2,000,000) and the patent fund for the bioscience industry ($200,000) to the VentureLab and GRA Commercialization programs. (G:YES)(H:YES)(S:YES)

State General Funds

$0

$0

$0

317.4 Increase funds for life sciences vaccine research.

State General Funds

$10,000,000 $10,000,000 $10,000,000

317.5 Increase funds for food processing equipment. (S:See bonds)

State General Funds

$300,000

$0

317.0Research Consortium

Appropriation (HB 95)

The purpose of this appropriation is to conduct research to further industry in the State of Georgia.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL PUBLIC FUNDS

$36,745,015 $35,995,015
$750,000 $36,745,015

$37,045,015 $36,295,015
$750,000 $37,045,015

$36,745,015 $35,995,015
$750,000 $36,745,015

TUESDAY, APRIL 17, 2007

3201

Skidaway Institute of Oceanography

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,634,073 $1,634,073 $5,658,000 $4,113,000 $4,113,000 $1,545,000 $1,545,000 $7,292,073

$1,634,073 $1,634,073 $5,658,000 $4,113,000 $4,113,000 $1,545,000 $1,545,000 $7,292,073

$1,634,073 $1,634,073 $5,658,000 $4,113,000 $4,113,000 $1,545,000 $1,545,000 $7,292,073

318.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$24,570

$24,570

$24,570

318.2 Increase funds for a 3% funding level for merit-based increases for Regents faculty and Regents non-academic personnel effective January 1, 2008.

State General Funds

$19,115

$19,115

$19,115

318.3 Increase funds to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

State General Funds

$6,906

$6,906

$6,906

318.4 Increase funds for electricity and natural gas.

State General Funds

$23,148

$23,148

$0

318.5 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$28,046

$28,046

$28,046

318.0Skidaway Institute of Oceanography

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers

$1,735,858 $1,735,858 $5,658,000 $4,113,000

$1,735,858 $1,735,858 $5,658,000 $4,113,000

$1,712,710 $1,712,710 $5,658,000 $4,113,000

3202

JOURNAL OF THE HOUSE

Intergovernmental Transfers Not Itemized Sales and Services
Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$4,113,000 $1,545,000 $1,545,000 $7,393,858

$4,113,000 $1,545,000 $1,545,000 $7,393,858

$4,113,000 $1,545,000 $1,545,000 $7,370,710

Student Education Enrichment Program

Continuation Budget

The purpose of this appropriation is to provide underrepresented Georgia residents the opportunity to acquire educational

experiences.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$308,315 $308,315 $308,315

$308,315 $308,315 $308,315

$308,315 $308,315 $308,315

319.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$3,056

$3,056

$3,056

319.2 Increase funds for a 3% funding level for merit-based increases for Regents faculty and Regents non-academic personnel effective January 1, 2008.

State General Funds

$1,660

$1,660

$1,660

319.3 Increase funds to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

State General Funds

$1,706

$1,706

$1,706

319.0Student Education Enrichment Program

Appropriation (HB 95)

The purpose of this appropriation is to provide underrepresented Georgia residents the opportunity to acquire educational experiences.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$314,737 $314,737 $314,737

$314,737 $314,737 $314,737

$314,737 $314,737 $314,737

Teaching

Continuation Budget

The purpose of this appropriation 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 State General Funds

$1,657,191,538 $1,657,191,538 $1,657,191,538 $1,657,191,538 $1,657,191,538 $1,657,191,538

TUESDAY, APRIL 17, 2007

3203

TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$2,690,223,836 $1,500,277,522 $1,500,277,522
$26,000,000 $26,000,000 $1,163,946,314 $1,163,946,314 $4,347,415,374

$2,690,223,836 $1,500,277,522 $1,500,277,522
$26,000,000 $26,000,000 $1,163,946,314 $1,163,946,314 $4,347,415,374

$2,690,223,836 $1,500,277,522 $1,500,277,522
$26,000,000 $26,000,000 $1,163,946,314 $1,163,946,314 $4,347,415,374

320.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$27,456,056 $27,456,056 $27,456,056

320.2 Increase funds for a 3% funding level for merit-based increases for Regents faculty and Regents non-academic personnel effective January 1, 2008.

State General Funds

$21,234,057 $21,234,057 $21,234,057

320.3 Increase funds for enrollment based on a 1.8% increase in semester credit hours and operating expenses related to additional square footage.

State General Funds

$80,077,807 $75,587,284 $75,587,284

320.4 Utilize existing funds to address retention of nursing faculty by adjusting salaries for clinical nursing staff to minimize the differential between faculty salary and the market. (G:YES)(H:YES)(S:Approval not required by the General Assembly)

State General Funds

$0

$0

$0

320.5 Increase funds for Major Repairs and Renovations (MRR) to reflect a four year phase-in to fund MRR in cash rather than bonds.

State General Funds

$17,500,000 $17,500,000 $17,500,000

320.6 Transfer funds for HB400 (2006 Session) from the Teachers' Retirement System (TRS) to properly reflect the employer rate increase for TRS members from 9.24% to 9.28%.

State General Funds

$321,950

$321,950

$321,950

320.7 Transfer funds from DTAE to merge Georgia Aviation Technical College and Middle Georgia College within the University System.

State General Funds

$3,691,765

$3,691,765

$3,691,765

320.8 Reduce funds for the DOAS indirect cost.

3204

JOURNAL OF THE HOUSE

Rebates, Refunds, and Reimbursements Not Itemized

($3,039,500) ($3,039,500) ($3,039,500)

320.9 Increase funds to reflect an adjustment in Workers' Compensation premiums.

State General Funds

$8,769,436

$8,769,436

$8,769,436

320.10 Increase funds for a study of townships and the feasibility of creating new counties.

State General Funds

$500,000

$0

320.11 Increase funds for needed infrastructure to accommodate the growth and expansion at the UGA Griffin Campus.

State General Funds

$1,300,000

$1,300,000

320.12 Increase funds for the Fort Valley Cooperative Energy Program.

State General Funds

$100,000

$0

320.13 Increase funds for Outdoor Education at Middle Georgia College.

State General Funds

$750,000

$0

320.14 Increase funds for the planning and design of the Charlie Norwood Dental School at MCG in Augusta.

State General Funds

$5,000,000

$0

320.15 Increase funds for the Darton College Cordele Campus to help defray costs associated with needed roof repairs, office supplies, and furniture.

State General Funds

$75,000

$0

320.16 Increase funds for a Physical Education addition at Kennesaw State University.

State General Funds

$150,000

$0

320.17 Increase one-time funds to match private funding for equipment needed to further the partnership between the UGA Veterinary School and the Georgia Aquarium.

State General Funds

$2,500,000

$0

320.18 Increase funds for Valdosta State University for administrative costs associated with the creation of a charter school.

State General Funds

$125,000

320.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize state funds ($1,615,050) and agency funds ($3,122,458) for the Health Insurance Plan shortfall. (G:YES)(H:YES)

State General Funds Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS

$0

$0 ($1,615,050)

$0

$0

$0

$0

$0 ($1,615,050)

TUESDAY, APRIL 17, 2007

3205

320.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize state funds ($1,275,724) and agency funds ($1,108,842) for the Health Insurance Plan shortfall. (G:YES)(H:YES)

State General Funds Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS

$0

$0 ($1,275,724)

$0

$0

$0

$0

$0 ($1,275,724)

320.0 Teaching

Appropriation (HB 95)

The purpose of this appropriation 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 State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,816,242,609 $1,816,242,609 $2,687,184,336 $1,500,277,522 $1,500,277,522
$22,960,500 $22,960,500 $1,163,946,314 $1,163,946,314 $4,503,426,945

$1,822,127,086 $1,822,127,086 $2,687,184,336 $1,500,277,522 $1,500,277,522
$22,960,500 $22,960,500 $1,163,946,314 $1,163,946,314 $4,509,311,422

$1,810,286,312 $1,810,286,312 $2,687,184,336 $1,500,277,522 $1,500,277,522
$22,960,500 $22,960,500 $1,163,946,314 $1,163,946,314 $4,497,470,648

Veterinary Medicine Experiment Station

Continuation Budget

The purpose of this appropriation 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 State General Funds
TOTAL PUBLIC FUNDS

$3,249,577 $3,249,577 $3,249,577

$3,249,577 $3,249,577 $3,249,577

$3,249,577 $3,249,577 $3,249,577

321.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$54,540

$54,540

$54,540

321.2 Increase funds for a 3% funding level for merit-based increases for Regents faculty and Regents non-academic personnel effective January 1, 2008.

State General Funds

$38,569

$38,569

$38,569

3206

JOURNAL OF THE HOUSE

321.3 Increase funds to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

State General Funds

$41,568

$41,568

$41,568

321.0Veterinary Medicine Experiment Station

Appropriation (HB 95)

The purpose of this appropriation 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 State General Funds
TOTAL PUBLIC FUNDS

$3,384,254 $3,384,254 $3,384,254

$3,384,254 $3,384,254 $3,384,254

$3,384,254 $3,384,254 $3,384,254

Veterinary Medicine Teaching Hospital

Continuation Budget

The purpose of this appropriation 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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$489,727 $489,727 $6,700,000 $6,700,000 $6,700,000 $7,189,727

$489,727 $489,727 $6,700,000 $6,700,000 $6,700,000 $7,189,727

$489,727 $489,727 $6,700,000 $6,700,000 $6,700,000 $7,189,727

322.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$5,272

$5,272

$5,272

322.2 Increase funds for a 3% funding level for merit-based increases for Regents faculty and Regents non-academic personnel effective January 1, 2008.

State General Funds

$4,176

$4,176

$4,176

322.3 Increase funds to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

State General Funds

$3,410

$3,410

$3,410

322.0Veterinary Medicine Teaching Hospital

Appropriation (HB 95)

The purpose of this appropriation is to provide state of the art capabilities in diagnostic imaging, including MRI, CT scanning, nuclear scintigraphy, and various methods of ultrasonography.

TUESDAY, APRIL 17, 2007

3207

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$502,585 $502,585 $6,700,000 $6,700,000 $6,700,000 $7,202,585

$502,585 $502,585 $6,700,000 $6,700,000 $6,700,000 $7,202,585

$502,585 $502,585 $6,700,000 $6,700,000 $6,700,000 $7,202,585

Payments to Georgia Military College

Continuation Budget

The purpose of this appropriation is to provide quality basic education funding for grades six through 12.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,660,060 $2,660,060 $2,660,060

$2,660,060 $2,660,060 $2,660,060

$2,660,060 $2,660,060 $2,660,060

323.1 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$97,152

$97,152

$97,152

323.2 Increase funds for health insurance for non-certificated personnel to reflect an adjustment in the State Health Benefit Plan per member/per month rates.

State General Funds

$117,113

$117,113

$117,113

323.3 Increase funds to reflect an adjustment in Workers' Compensation premiums.

State General Funds

$95,658

$95,658

$95,658

323.4 Increase Quality Basic Education (QBE) funds for the preparatory school students at Georgia Military College.

State General Funds

$92,169

$92,169

$92,169

323.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($10,266) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($10,266)

323.0Payments to Georgia Military College

Appropriation (HB 95)

The purpose of this appropriation is to provide quality basic education funding for grades six through 12.

3208

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,062,152 $3,062,152 $3,062,152

$3,062,152 $3,062,152 $3,062,152

$3,051,886 $3,051,886 $3,051,886

Payments to Public Telecommunications Commission, Georgia

Continuation Budget

The purpose of this appropriation 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 State General Funds
TOTAL PUBLIC FUNDS

$17,023,143 $17,023,143 $17,023,143

$17,023,143 $17,023,143 $17,023,143

$17,023,143 $17,023,143 $17,023,143

324.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$75,104

$75,104

$75,104

324.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$103,064

$103,064

$103,064

324.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$354,190

$354,190

$354,190

324.4 Increase funds for five positions to monitor the digital and analog signals continuously.

State General Funds

$370,676

$370,676

$370,676

324.5 Increase funds for utilities to maintain both digital and analog concurrently until FY10.

State General Funds

$116,400

$116,400

$116,400

324.6 Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

State General Funds

$3,299

$3,299

$3,299

324.7 Increase funds to reflect an adjustment in Workers' Compensation premiums.

State General Funds

$30,233

$30,233

$30,233

324.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($4,155) for the expansion of television and radio broadcasts on Georgia economic development. (G:YES)(H:YES)

State General Funds

$0

$0

($4,155)

TUESDAY, APRIL 17, 2007

3209

324.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($2,340) for the expansion of television and radio broadcasts on Georgia economic development. (G:YES)(H:YES)

State General Funds

$0

$0

($2,340)

324.0Payments to Public Telecommunications Commission, Georgia

Appropriation (HB 95)

The purpose of this appropriation 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 State General Funds
TOTAL PUBLIC FUNDS

$18,076,109 $18,076,109 $18,076,109

$18,076,109 $18,076,109 $18,076,109

$18,069,614 $18,069,614 $18,069,614

Georgia Eminent Scholars Endowment Trust Fund

Continuation Budget

The purpose of this appropriation is provide challenge grants to raise funds to be used by units of the University System of 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 State General Funds

$0

$0

$0

$0

400.1 Increase funds for Eminent Scholars at Georgia Southern University and Kennesaw State University. (H:Recognize in the Teaching program) [One-Time Change]

State General Funds

$1,000,000

400.0Georgia Eminent Scholars Endowment Trust Fund

Appropriation (HB 95)

The purpose of this appropriation is provide challenge grants to raise funds to be used by units of the University System of 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 State General Funds
TOTAL PUBLIC FUNDS

$1,000,000 $1,000,000 $1,000,000

Section 40: Revenue, Department of

Section Total - Continuation

3210

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL AGENCY FUNDS Reserved Fund Balances Sales and Services
TOTAL PUBLIC FUNDS

$548,811,784 $548,661,784
$150,000 $7,005,348
$426,769 $6,578,579 $555,817,132

$548,811,784 $548,661,784
$150,000 $7,005,348
$426,769 $6,578,579 $555,817,132

$548,811,784 $548,661,784
$150,000 $7,005,348
$426,769 $6,578,579 $555,817,132

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL AGENCY FUNDS Reserved Fund Balances Sales and Services
TOTAL PUBLIC FUNDS

$557,857,284 $557,707,284
$150,000 $7,005,348
$426,769 $6,578,579 $564,862,632

Section Total - Final

$552,857,284 $552,707,284
$150,000 $7,005,348
$426,769 $6,578,579 $559,862,632

$554,708,038 $554,558,038
$150,000 $7,005,348
$426,769 $6,578,579 $561,713,386

Customer Service

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$10,709,219 $10,709,219 $2,110,135 $2,110,135 $2,110,135 $12,819,354

$10,709,219 $10,709,219 $2,110,135 $2,110,135 $2,110,135 $12,819,354

$10,709,219 $10,709,219 $2,110,135 $2,110,135 $2,110,135 $12,819,354

325.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$82,894

$82,894

$82,894

325.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$114,097

$114,097

$114,097

TUESDAY, APRIL 17, 2007

3211

325.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$333,388

$333,388

$333,388

325.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$49,618

$49,618

$49,618

325.98 Transfer all funds and activities from the State Board of Equalization program. (G:YES)(H:YES)(S:NO)

State General Funds

$0

$0

$0

325.0Customer Service

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$11,289,216 $11,289,216 $2,110,135 $2,110,135 $2,110,135 $13,399,351

$11,289,216 $11,289,216 $2,110,135 $2,110,135 $2,110,135 $13,399,351

$11,289,216 $11,289,216 $2,110,135 $2,110,135 $2,110,135 $13,399,351

Departmental Administration

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$4,053,813 $4,053,813 $4,053,813

$4,053,813 $4,053,813 $4,053,813

$4,053,813 $4,053,813 $4,053,813

326.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$18,137

$18,137

$18,137

326.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$40,087

$40,087

$40,087

3212

JOURNAL OF THE HOUSE

326.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$117,134

$117,134

$117,134

326.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$10,858

$10,858

$10,858

326.5 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations.

State General Funds

($1,335)

($1,335)

($1,335)

326.96 Realize CNG savings through the E-Procurement initiative to utilize funds ($1,335) for Georgia Technology Authority (GTA) costs as a result of the Integrated Tax System. (G:YES)(H:YES)

State General Funds

$0

$0

($1,335)

326.0Departmental Administration

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$4,238,694 $4,238,694 $4,238,694

$4,238,694 $4,238,694 $4,238,694

$4,237,359 $4,237,359 $4,237,359

Homeowner Tax Relief Grants

Continuation Budget

The purpose of this appropriation is 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 $8,000 for the taxable year beginning January 1, 2007.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$432,290,501 $432,290,501 $432,290,501

$432,290,501 $432,290,501 $432,290,501

$432,290,501 $432,290,501 $432,290,501

327.1 Reduce funds from the Homeowner Tax Relief Grant (HTRG).

State General Funds

($4,000,000) ($4,000,000)

327.99 SAC: The purpose of this appropriation is 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 $8,000 for the taxable year beginning January 1, 2007 and is separate and distinct from the homestead exemption of $2,000 in O.C.G.A. 48-5-44.

TUESDAY, APRIL 17, 2007

3213

State General Funds

$0

327.0Homeowner Tax Relief Grants

Appropriation (HB 95)

The purpose of this appropriation is 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 $8,000 for the taxable year beginning January 1, 2007 and is separate and distinct from the homestead exemption of $2,000 in O.C.G.A 48-5-44.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$432,290,501 $432,290,501 $432,290,501

$428,290,501 $428,290,501 $428,290,501

$428,290,501 $428,290,501 $428,290,501

Industry Regulation

Continuation Budget

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 State General Funds Tobacco Settlement Funds
TOTAL PUBLIC FUNDS

$4,646,971 $4,496,971
$150,000 $4,646,971

$4,646,971 $4,496,971
$150,000 $4,646,971

$4,646,971 $4,496,971
$150,000 $4,646,971

328.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$28,283

$28,283

$28,283

328.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$45,742

$45,742

$45,742

328.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$133,657

$133,657

$133,657

328.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$16,930

$16,930

$16,930

328.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$7,585

$7,585

$7,585

3214

JOURNAL OF THE HOUSE

328.0Industry Regulation

Appropriation (HB 95)

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 State General Funds Tobacco Settlement Funds
TOTAL PUBLIC FUNDS

$4,879,168 $4,729,168
$150,000 $4,879,168

$4,879,168 $4,729,168
$150,000 $4,879,168

$4,879,168 $4,729,168
$150,000 $4,879,168

Local Tax Officials Retirement and FICA

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,785,079 $3,785,079 $3,785,079

$3,785,079 $3,785,079 $3,785,079

$3,785,079 $3,785,079 $3,785,079

329.1 Increase funds to pay the employer portion of retirement benefits for local tax officials. [One-Time Change]

State General Funds

$1,364,084

329.0Local Tax Officials Retirement and FICA

Appropriation (HB 95)

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,785,079 $3,785,079 $3,785,079

$3,785,079 $3,785,079 $3,785,079

$5,149,163 $5,149,163 $5,149,163

Revenue Processing

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized
TOTAL PUBLIC FUNDS

$40,595,061 $40,595,061
$426,769 $426,769 $426,769 $41,021,830

$40,595,061 $40,595,061
$426,769 $426,769 $426,769 $41,021,830

$40,595,061 $40,595,061
$426,769 $426,769 $426,769 $41,021,830

TUESDAY, APRIL 17, 2007

3215

330.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$201,825

$201,825

$201,825

330.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$284,844

$284,844

$284,844

330.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$832,311

$832,311

$832,311

330.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$120,811

$120,811

$120,811

330.5 Increase funds for a Georgia Building Authority (GBA) rate change. (S:NO to GBA rate increase for utilities)

State General Funds

$36,755

$36,755

$0

330.6 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations.

State General Funds

($198,447)

($198,447)

($198,447)

330.96 Realize CNG savings through the E-Procurement initiative to utilize funds ($198,445) for Georgia Technology Authority (GTA) costs as a result of the Integrated Tax System. (G:YES)(H:YES)

State General Funds

$0

$0

($198,445)

330.98 Change program name to Documents Processing and Deposits. (G:YES)(H:YES)(S:NO)

Sales and Services Not Itemized

$0

$0

$0

330.0Revenue Processing

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized
TOTAL PUBLIC FUNDS

$41,873,160 $41,873,160
$426,769 $426,769 $426,769 $42,299,929

$41,873,160 $41,873,160
$426,769 $426,769 $426,769 $42,299,929

$41,637,960 $41,637,960
$426,769 $426,769 $426,769 $42,064,729

3216

JOURNAL OF THE HOUSE

Salvage Inspection The purpose of this appropriation is to inspect rebuilt salvage vehicles.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Continuation Budget

$1,581,159 $1,581,159 $1,581,159

$1,581,159 $1,581,159 $1,581,159

$1,581,159 $1,581,159 $1,581,159

331.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$11,557

$11,557

$11,557

331.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$17,313

$17,313

$17,313

331.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$50,588

$50,588

$50,588

331.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$6,919

$6,919

$6,919

331.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$3,832

$3,832

$3,832

331.0Salvage Inspection
The purpose of this appropriation is to inspect rebuilt salvage vehicles. TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

Appropriation (HB 95)

$1,671,368 $1,671,368 $1,671,368

$1,671,368 $1,671,368 $1,671,368

$1,671,368 $1,671,368 $1,671,368

State Board of Equalization

Continuation Budget

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.

TUESDAY, APRIL 17, 2007

3217

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$5,000 $5,000 $5,000

$5,000 $5,000 $5,000

$5,000 $5,000 $5,000

332.1 Transfer all funds and activities to the Customer Service program. (G:YES)(H:YES)(S:NO)

State General Funds

$0

$0

$0

332.0State Board of Equalization

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$5,000 $5,000 $5,000

$5,000 $5,000 $5,000

$5,000 $5,000 $5,000

Tag and Title Registration The purpose of this appropriation 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

Continuation Budget

$22,541,777 $22,541,777
$652,681 $652,681 $652,681 $23,194,458

$22,541,777 $22,541,777
$652,681 $652,681 $652,681 $23,194,458

$22,541,777 $22,541,777
$652,681 $652,681 $652,681 $23,194,458

333.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$102,364

$102,364

$102,364

333.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$133,376

$133,376

$133,376

333.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$389,723

$389,723

$389,723

3218

JOURNAL OF THE HOUSE

333.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$61,273

$61,273

$61,273

333.5 Increase funds for a Georgia Building Authority (GBA) rate change. (S:NO to GBA rate increase for utilities)

State General Funds

$19,861

$19,861

$17,880

333.6 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to reduce funds from operations.

State General Funds

($30,409)

($30,409)

($30,409)

333.96 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($30,410) for Georgia Technology Authority (GTA) costs as a result of the Integrated Tax System. (G:YES)(H:YES)

State General Funds

$0

$0

($30,410)

333.0Tag and Title Registration
The purpose of this appropriation 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

$23,217,965 $23,217,965
$652,681 $652,681 $652,681 $23,870,646

Appropriation (HB 95)

$23,217,965 $23,217,965
$652,681 $652,681 $652,681 $23,870,646

$23,185,574 $23,185,574
$652,681 $652,681 $652,681 $23,838,255

Tax Compliance

Continuation Budget

The purpose of this appropriation is to ensure that all taxpayers pay the correct amount of taxes owed under the law.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$28,603,204 $28,603,204 $3,815,763 $3,815,763 $3,815,763 $32,418,967

$28,603,204 $28,603,204 $3,815,763 $3,815,763 $3,815,763 $32,418,967

$28,603,204 $28,603,204 $3,815,763 $3,815,763 $3,815,763 $32,418,967

334.1 Annualize the cost of the FY07 salary adjustment. State General Funds

$218,065

$218,065

$218,065

TUESDAY, APRIL 17, 2007

3219

334.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$343,158

$343,158

$343,158

334.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$974,980

$974,980

$974,980

334.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$130,530

$130,530

$130,530

334.5 Increase funds to add twelve compliance auditors.

State General Funds

$737,196

$737,196

$737,196

334.6 Increase funds for the implementation of a data warehouse to allow for the identification of underreporting and non-reporting taxpayers.

State General Funds

$3,600,000

$2,600,000

$3,600,000

334.95 Realize non-Georgia Building Authority lease savings through the renegotiation of rates to utilize funds ($244,404) for twelve compliance auditors. (G:YES)(H:YES)

State General Funds

$0

$0

($244,404)

334.0Tax Compliance

Appropriation (HB 95)

The purpose of this appropriation is to ensure that all taxpayers pay the correct amount of taxes owed under the law.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$34,607,133 $34,607,133 $3,815,763 $3,815,763 $3,815,763 $38,422,896

$33,607,133 $33,607,133 $3,815,763 $3,815,763 $3,815,763 $37,422,896

$34,362,729 $34,362,729 $3,815,763 $3,815,763 $3,815,763 $38,178,492

Section 41: Secretary of State

Section Total - Continuation

TOTAL STATE FUNDS State General Funds

$37,264,162 $37,264,162

$37,264,162 $37,264,162

$37,264,162 $37,264,162

3220

JOURNAL OF THE HOUSE

TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Sales and Services
TOTAL PUBLIC FUNDS

$1,498,265 $50,000
$1,448,265 $38,762,427

$1,498,265 $50,000
$1,448,265 $38,762,427

$1,498,265 $50,000
$1,448,265 $38,762,427

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Sales and Services
TOTAL PUBLIC FUNDS

$38,724,181 $38,724,181 $1,500,283
$50,000 $1,450,283 $40,224,464

Section Total - Final

$39,646,110 $39,646,110 $1,500,283
$50,000 $1,450,283 $41,146,393

$39,524,651 $39,524,651 $1,500,283
$50,000 $1,450,283 $41,024,934

Archives and Records

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Record Center Storage Fees Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$5,972,322 $5,972,322
$508,753 $508,753 $433,753
$75,000 $6,481,075

$5,972,322 $5,972,322
$508,753 $508,753 $433,753
$75,000 $6,481,075

$5,972,322 $5,972,322
$508,753 $508,753 $433,753
$75,000 $6,481,075

335.1 Annualize the cost of the FY07 salary adjustment.

State General Funds Record Center Storage Fees TOTAL PUBLIC FUNDS

$23,775 $2,018 $25,793

$23,775 $2,018 $25,793

$23,775 $2,018 $25,793

335.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$47,231

$47,231

$47,231

335.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

TUESDAY, APRIL 17, 2007

3221

State General Funds

$122,422

$122,422

$122,422

335.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$18,382

$18,382

$18,382

335.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$8,718

$8,718

$8,718

335.6 Increase funds for non-Georgia Building Authority real estate rental rate escalation.

State General Funds

$13,047

$13,047

$13,047

335.7 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations.

State General Funds

($107)

($107)

($107)

335.8 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to reduce funds from operations.

State General Funds

($1,752)

($1,752)

($1,752)

335.0Archives and Records

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Record Center Storage Fees Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$6,204,038 $6,204,038
$510,771 $510,771 $435,771
$75,000 $6,714,809

$6,204,038 $6,204,038
$510,771 $510,771 $435,771
$75,000 $6,714,809

$6,204,038 $6,204,038
$510,771 $510,771 $435,771
$75,000 $6,714,809

Capitol Tours

Continuation Budget

The purpose of this appropriation is to provide guided informational tours of the State Capitol.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$155,777 $155,777 $155,777

$155,777 $155,777 $155,777

$155,777 $155,777 $155,777

336.1 Annualize the cost of the FY07 salary adjustment.

3222

JOURNAL OF THE HOUSE

State General Funds

$1,189

$1,189

$1,189

336.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$2,197

$2,197

$2,197

336.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$5,696

$5,696

$5,696

336.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$855

$855

$855

336.5 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to reduce funds from operations.

State General Funds

($141)

($141)

($141)

336.0Capitol Tours

Appropriation (HB 95)

The purpose of this appropriation is to provide guided informational tours of the State Capitol.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$165,573 $165,573 $165,573

$165,573 $165,573 $165,573

$165,573 $165,573 $165,573

Corporations

Continuation Budget

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.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,197,789 $1,197,789
$739,512 $739,512 $739,512 $1,937,301

$1,197,789 $1,197,789
$739,512 $739,512 $739,512 $1,937,301

$1,197,789 $1,197,789
$739,512 $739,512 $739,512 $1,937,301

337.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$13,736

$13,736

$13,736

337.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

TUESDAY, APRIL 17, 2007

3223

State General Funds

$23,626

$23,626

$23,626

337.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$61,238

$61,238

$61,238

337.4 Increase funds to reflect an adjustment in Workers' Compensation premiums.

State General Funds

$9,195

$9,195

$9,195

337.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$6,155

$6,155

$6,155

337.6 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to increase funds for the enhancement and maintenance of the proprietary computer system.

State General Funds

$14,382

$14,382

$0

337.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($5,822) for the enhancement and maintenance of the proprietary computer system. (G:YES)(H:YES)

State General Funds

$0

$0

($5,822)

337.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($777) for the enhancement and maintenance of the proprietary computer system. (G:YES)(H:YES)

State General Funds

$0

$0

($777)

337.0 Corporations

Appropriation (HB 95)

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.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,326,121 $1,326,121
$739,512 $739,512 $739,512 $2,065,633

$1,326,121 $1,326,121
$739,512 $739,512 $739,512 $2,065,633

$1,305,140 $1,305,140
$739,512 $739,512 $739,512 $2,044,652

Elections

Continuation Budget

3224

JOURNAL OF THE HOUSE

The purpose of this appropriation is 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 STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$5,159,663 $5,159,663
$20,000 $20,000 $20,000 $5,179,663

$5,159,663 $5,159,663
$20,000 $20,000 $20,000 $5,179,663

$5,159,663 $5,159,663
$20,000 $20,000 $20,000 $5,179,663

338.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$16,668

$16,668

$16,668

338.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$27,087

$27,087

$27,087

338.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$70,209

$70,209

$70,209

338.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$10,542

$10,542

$10,542

338.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$3,358

$3,358

$3,358

338.6 Reduce one-time funds associated with SB500 (2006 Session) "Georgia Accuracy in Elections Act".

State General Funds

($50,000)

($50,000)

($50,000)

338.7 Increase funds for an independent audit of Georgia's elections procedures, guidelines and security measures. [One-Time Change]

State General Funds

$100,000

$100,000

$100,000

338.8 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations.

State General Funds

($9,244)

($9,244)

($9,244)

338.9 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to reduce funds from operations.

State General Funds

($14,354)

($14,354)

($14,354)

TUESDAY, APRIL 17, 2007

3225

338.96 Realize CNG savings through the E-Procurement initiative to utilize funds ($15,000) to replace computers. (G:YES)(H:YES)

State General Funds

$0

$0

($15,000)

338.0 Elections

Appropriation (HB 95)

The purpose of this appropriation is 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 STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$5,313,929 $5,313,929
$20,000 $20,000 $20,000 $5,333,929

$5,313,929 $5,313,929
$20,000 $20,000 $20,000 $5,333,929

$5,298,929 $5,298,929
$20,000 $20,000 $20,000 $5,318,929

Office Administration

Continuation Budget

The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$4,882,454 $4,882,454
$30,000 $30,000 $30,000 $4,912,454

$4,882,454 $4,882,454
$30,000 $30,000 $30,000 $4,912,454

$4,882,454 $4,882,454
$30,000 $30,000 $30,000 $4,912,454

339.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$40,929

$40,929

$40,929

339.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$70,639

$70,639

$70,639

339.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$183,097

$183,097

$183,097

339.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

3226

JOURNAL OF THE HOUSE

State General Funds

$27,492

$27,492

$27,492

339.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$4,243

$4,243

$4,243

339.6 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations.

State General Funds

($22,817)

($22,817)

($22,817)

339.7 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to reduce funds from operations.

State General Funds

($1,819)

($1,819)

($1,819)

339.8 Increase funds for the Silver Haired Legislature. [One-Time Change]

State General Funds

$50,000

$25,000

339.0Office Administration

Appropriation (HB 95)

The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$5,184,218 $5,184,218
$30,000 $30,000 $30,000 $5,214,218

$5,234,218 $5,234,218
$30,000 $30,000 $30,000 $5,264,218

$5,209,218 $5,209,218
$30,000 $30,000 $30,000 $5,239,218

Professional Licensing Boards

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$11,354,435 $11,354,435
$150,000 $150,000 $150,000 $11,504,435

$11,354,435 $11,354,435
$150,000 $150,000 $150,000 $11,504,435

$11,354,435 $11,354,435
$150,000 $150,000 $150,000 $11,504,435

340.1 Annualize the cost of the FY07 salary adjustment. State General Funds

$66,017

$66,017

$66,017

TUESDAY, APRIL 17, 2007

3227

340.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$138,816

$138,816

$138,816

340.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$359,809

$359,809

$359,809

340.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$54,026

$54,026

$54,026

340.5 Increase funds for real estate non-Georgia Building Authority (GBA) rental rate escalation.

State General Funds

$13,047

$13,047

$13,047

340.6 Reduce funds from one-time purchases.

State General Funds

($90,000)

($90,000)

($90,000)

340.7 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations.

State General Funds

($11,667)

($11,667)

($11,667)

340.8 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to reduce funds from operations.

State General Funds

($12,405)

($12,405)

($12,405)

340.9 Increase funds for an independent audit of the Professional Licensing Boards to improve customer service. [One-Time Change]

State General Funds

$100,000

$100,000

$100,000

340.0Professional Licensing Boards

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$11,972,078 $11,972,078
$150,000 $150,000 $150,000 $12,122,078

$11,972,078 $11,972,078
$150,000 $150,000 $150,000 $12,122,078

$11,972,078 $11,972,078
$150,000 $150,000 $150,000 $12,122,078

Securities

Continuation Budget

3228

JOURNAL OF THE HOUSE

The purpose of this appropriation is 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 STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL PUBLIC FUNDS

$2,040,428 $2,040,428
$50,000 $50,000 $50,000 $2,090,428

$2,040,428 $2,040,428
$50,000 $50,000 $50,000 $2,090,428

$2,040,428 $2,040,428
$50,000 $50,000 $50,000 $2,090,428

341.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$18,911

$18,911

$18,911

341.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$32,251

$32,251

$32,251

341.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$83,594

$83,594

$83,594

341.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$12,551

$12,551

$12,551

341.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$4,838

$4,838

$4,838

341.6 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to increase funds for maintenance costs and software licenses for L2K, Web Lookup, and My License.

State General Funds

$23,942

$23,942

$0

341.96 Realize CNG savings through the E-Procurement initiative to utilize funds ($504) for maintenance costs and software licenses for L2K, Web Lookup, and My License. (G:YES)(H:YES)

State General Funds

$0

$0

($504)

341.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($554) for maintenance costs and software licenses for L2K, Web Lookup, and My License. (G:YES)(H:YES)

State General Funds

$0

$0

($554)

TUESDAY, APRIL 17, 2007

3229

341.0 Securities

Appropriation (HB 95)

The purpose of this appropriation is 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 STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL PUBLIC FUNDS

$2,216,515 $2,216,515
$50,000 $50,000 $50,000 $2,266,515

$2,216,515 $2,216,515
$50,000 $50,000 $50,000 $2,266,515

$2,191,515 $2,191,515
$50,000 $50,000 $50,000 $2,241,515

Drugs and Narcotics Agency, Georgia

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$1,362,884 $1,362,884 $1,362,884

$1,362,884 $1,362,884 $1,362,884

$1,362,884 $1,362,884 $1,362,884

342.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$10,966

$10,966

$10,966

342.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$21,296

$21,296

$21,296

342.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$54,661

$54,661

$54,661

342.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$8,097

$8,097

$8,097

342.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($2,718) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($2,718)

342.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($986) for operations. (G:YES)(H:YES)

3230

JOURNAL OF THE HOUSE

State General Funds

$0

$0

($986)

342.0Drugs and Narcotics Agency, Georgia

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$1,457,904 $1,457,904 $1,457,904

$1,457,904 $1,457,904 $1,457,904

$1,454,200 $1,454,200 $1,454,200

State Ethics Commission

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$1,606,602 $1,606,602 $1,606,602

$1,606,602 $1,606,602 $1,606,602

$1,606,602 $1,606,602 $1,606,602

343.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$5,281

$5,281

$5,281

343.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$23,262

$23,262

$23,262

343.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$57,453

$57,453

$57,453

343.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$4,981

$4,981

$4,981

343.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$3,175

$3,175

$3,175

343.6 Reduce one-time funds from operations.

State General Funds

($648,997)

$0

$0

TUESDAY, APRIL 17, 2007

3231

343.7 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to reduce funds from operations.

State General Funds

($1,003)

$0

($1,003)

343.8 Increase funds for relocation expenses and additional rent for new office space on the 14th floor of the West Tower. [One-Time
Change]

State General Funds

$171,929

$115,212

343.9 Increase funds for GBA rent in the new office space.

State General Funds

$53,980

343.0State Ethics Commission

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$1,050,754 $1,050,754 $1,050,754

$1,872,683 $1,872,683 $1,872,683

$1,868,943 $1,868,943 $1,868,943

Commission on the Holocaust, Georgia

Continuation Budget

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.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$278,412 $278,412 $278,412

$278,412 $278,412 $278,412

$278,412 $278,412 $278,412

344.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$1,892

$1,892

$1,892

344.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$3,781

$3,781

$3,781

344.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$10,002

$10,002

$10,002

344.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

3232

JOURNAL OF THE HOUSE

State General Funds

$1,656

$1,656

$1,656

344.5 Increase funds for the Art and Writing Contest and the Distinguished Teacher Award.

State General Funds

$50,000

$0

344.6 Increase funds for the relocation and continuation of the Anne Frank in the World exhibit previously hosted at Kennesaw State University and for the operational costs of the Georgia Commission on the Holocaust. [One-Time Change]

State General Funds

$24,064

344.0Commission on the Holocaust, Georgia

Appropriation (HB 95)

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.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$295,743 $295,743 $295,743

$345,743 $345,743 $345,743

$319,807 $319,807 $319,807

Real Estate Commission

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$3,253,396 $3,253,396 $3,253,396

$3,253,396 $3,253,396 $3,253,396

$3,253,396 $3,253,396 $3,253,396

345.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$16,992

$16,992

$16,992

345.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$38,785

$38,785

$38,785

345.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$98,353

$98,353

$98,353

345.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$15,084

$15,084

$15,084

TUESDAY, APRIL 17, 2007

3233

345.5 Increase funds to create two new investigator positions.

State General Funds

$97,426

$97,426

$97,426

345.6 Increase funds to replace one vehicle with mileage in excess of 135,000 miles. [One-Time Change]

State General Funds

$17,272

$17,272

$17,272

345.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($2,098) for contractual services. (G:YES)(H:YES)

State General Funds

$0

$0

($2,098)

345.0Real Estate Commission

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$3,537,308 $3,537,308 $3,537,308

$3,537,308 $3,537,308 $3,537,308

$3,535,210 $3,535,210 $3,535,210

Section 42: Soil and Water Conservation Commission

Section Total - Continuation

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 State Funds Transfers Federal Funds Transfers
TOTAL PUBLIC FUNDS

$3,097,477 $3,097,477 $1,954,308 $1,954,308 $8,147,106 $7,897,716
$249,390 $757,123 $400,000 $357,123 $13,956,014

$3,097,477 $3,097,477 $1,954,308 $1,954,308 $8,147,106 $7,897,716
$249,390 $757,123 $400,000 $357,123 $13,956,014

$3,097,477 $3,097,477 $1,954,308 $1,954,308 $8,147,106 $7,897,716
$249,390 $757,123 $400,000 $357,123 $13,956,014

Section Total - Final

3234

JOURNAL OF THE HOUSE

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 State Funds Transfers Federal Funds Transfers
TOTAL PUBLIC FUNDS

$3,520,120 $3,520,120 $1,954,308 $1,954,308 $8,147,106 $7,897,716
$249,390 $490,186 $133,063 $357,123 $14,111,720

$3,520,120 $3,520,120 $1,954,308 $1,954,308 $8,147,106 $7,897,716
$249,390 $490,186 $133,063 $357,123 $14,111,720

$3,517,863 $3,517,863 $1,954,308 $1,954,308 $8,147,106 $7,897,716
$249,390 $490,186 $133,063 $357,123 $14,109,463

Commission Administration

Continuation Budget

The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$599,541 $599,541 $599,541

$599,541 $599,541 $599,541

$599,541 $599,541 $599,541

346.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$5,758

$5,758

$5,758

346.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$4,574

$4,574

$4,574

346.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$12,757

$12,757

$12,757

346.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$2,347

$2,347

$2,347

346.5 Increase funds for vehicle replacements due to high mileage.

State General Funds

$15,269

$15,269

$15,269

346.0Commission Administration

Appropriation (HB 95)

TUESDAY, APRIL 17, 2007

3235

The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$640,246 $640,246 $640,246

$640,246 $640,246 $640,246

$640,246 $640,246 $640,246

Conservation of Agricultural Water Supplies

Continuation Budget

The purpose of this appropriation is to conserve the use of Georgia's ground and surface water by agricultural water users.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$263,933 $263,933 $1,631,804 $1,631,804 $7,847,716 $7,847,716 $7,847,716 $9,743,453

$263,933 $263,933 $1,631,804 $1,631,804 $7,847,716 $7,847,716 $7,847,716 $9,743,453

$263,933 $263,933 $1,631,804 $1,631,804 $7,847,716 $7,847,716 $7,847,716 $9,743,453

347.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$2,360

$2,360

$2,360

347.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$8,904

$8,904

$8,904

347.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$24,838

$24,838

$24,838

347.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$5,699

$5,699

$5,699

347.5 Increase funds for vehicle replacements due to high mileage.

State General Funds

$8,569

$8,569

$8,569

347.0Conservation of Agricultural Water Supplies

Appropriation (HB 95)

The purpose of this appropriation is to conserve the use of Georgia's ground and surface water by agricultural water users.

3236

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$314,303 $314,303 $1,631,804 $1,631,804 $7,847,716 $7,847,716 $7,847,716 $9,793,823

$314,303 $314,303 $1,631,804 $1,631,804 $7,847,716 $7,847,716 $7,847,716 $9,793,823

$314,303 $314,303 $1,631,804 $1,631,804 $7,847,716 $7,847,716 $7,847,716 $9,793,823

Conservation of Soil and Water Resources

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers FF Water Quality Management Planning CFDA66.454
TOTAL PUBLIC FUNDS

$1,171,645 $1,171,645
$322,504 $322,504 $299,390
$50,000 $50,000 $249,390 $249,390 $757,123 $400,000 $400,000 $357,123 $357,123 $2,550,662

$1,171,645 $1,171,645
$322,504 $322,504 $299,390
$50,000 $50,000 $249,390 $249,390 $757,123 $400,000 $400,000 $357,123 $357,123 $2,550,662

$1,171,645 $1,171,645
$322,504 $322,504 $299,390
$50,000 $50,000 $249,390 $249,390 $757,123 $400,000 $400,000 $357,123 $357,123 $2,550,662

348.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$11,495

$11,495

$11,495

348.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$16,543

$16,543

$16,543

TUESDAY, APRIL 17, 2007

3237

348.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$46,143

$46,143

$46,143

348.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$12,405

$12,405

$12,405

348.5 Replace funds in Urban Lands for the Erosion Control Education Certification Program from DNR-EPD.

State General Funds Agency to Agency Contracts TOTAL PUBLIC FUNDS

$266,937 ($266,937)
$0

$266,937 ($266,937)
$0

$266,937 ($266,937)
$0

348.6 Increase funds to replace three high-mileage vehicles.

State General Funds

$56,162

$56,162

$56,162

348.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($1,865) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($1,865)

348.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($392) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($392)

348.0Conservation of Soil and Water Resources

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,581,330 $1,581,330
$322,504 $322,504 $299,390
$50,000 $50,000 $249,390 $249,390 $490,186

$1,581,330 $1,581,330
$322,504 $322,504 $299,390
$50,000 $50,000 $249,390 $249,390 $490,186

$1,579,073 $1,579,073
$322,504 $322,504 $299,390
$50,000 $50,000 $249,390 $249,390 $490,186

3238

JOURNAL OF THE HOUSE

State Funds Transfers Agency to Agency Contracts
Federal Funds Transfers FF Water Quality Management Planning CFDA66.454
TOTAL PUBLIC FUNDS

$133,063 $133,063 $357,123 $357,123 $2,693,410

$133,063 $133,063 $357,123 $357,123 $2,693,410

$133,063 $133,063 $357,123 $357,123 $2,691,153

U.S.D.A. Flood Control Watershed Structures

Continuation Budget

The purpose of this appropriation is to provide flood retarding, water quality, recreation, and water supply benefits to Georgia

citizens.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$105,054 $105,054 $105,054

$105,054 $105,054 $105,054

$105,054 $105,054 $105,054

349.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$247

$247

$247

349.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$368

$368

$368

349.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$1,027

$1,027

$1,027

349.0U.S.D.A. Flood Control Watershed Structures

Appropriation (HB 95)

The purpose of this appropriation is to provide flood retarding, water quality, recreation, and water supply benefits to Georgia citizens.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$106,696 $106,696 $106,696

$106,696 $106,696 $106,696

$106,696 $106,696 $106,696

Water Resources and Land Use Planning

Continuation Budget

The purpose of this appropriation is to improve the understanding of water use and to develop plans that improve water management

and efficiency.

TUESDAY, APRIL 17, 2007

3239

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$957,304 $957,304 $957,304

$957,304 $957,304 $957,304

$957,304 $957,304 $957,304

350.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$24

$24

$24

350.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$57

$57

$57

350.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$160

$160

$160

350.4 Reduce funds from operations.

State General Funds

($80,000)

($80,000)

($80,000)

350.0Water Resources and Land Use Planning

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$877,545 $877,545 $877,545

$877,545 $877,545 $877,545

$877,545 $877,545 $877,545

Section 43: Student Finance Commission and Authority, Georgia

Section Total - Continuation

TOTAL STATE FUNDS Lottery Proceeds State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers
TOTAL PUBLIC FUNDS

$576,267,284 $539,601,059 $36,666,225
$520,653 $520,653 $6,773,600 $6,773,600 $583,561,537

$576,267,284 $539,601,059 $36,666,225
$520,653 $520,653 $6,773,600 $6,773,600 $583,561,537

$576,267,284 $539,601,059 $36,666,225
$520,653 $520,653 $6,773,600 $6,773,600 $583,561,537

3240

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS Lottery Proceeds State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers
TOTAL PUBLIC FUNDS

$556,920,642 $516,697,160 $40,223,482
$520,653 $520,653 $5,622,493 $5,622,493 $563,063,788

Section Total - Final

$556,920,642 $516,697,160 $40,223,482
$520,653 $520,653 $5,622,493 $5,622,493 $563,063,788

$556,920,642 $516,697,160 $40,223,482
$520,653 $520,653 $5,622,493 $5,622,493 $563,063,788

Accel

Continuation Budget

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 Lottery Proceeds
TOTAL PUBLIC FUNDS

$6,000,000 $6,000,000 $6,000,000

$6,000,000 $6,000,000 $6,000,000

$6,000,000 $6,000,000 $6,000,000

351.0 Accel

Appropriation (HB 95)

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 Lottery Proceeds
TOTAL PUBLIC FUNDS

$6,000,000 $6,000,000 $6,000,000

$6,000,000 $6,000,000 $6,000,000

$6,000,000 $6,000,000 $6,000,000

Engineer Scholarship

Continuation Budget

The purpose of this appropriation 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 Lottery Proceeds State General Funds
TOTAL PUBLIC FUNDS

$760,000 $760,000
$0 $760,000

$760,000 $760,000
$0 $760,000

$760,000 $760,000
$0 $760,000

TUESDAY, APRIL 17, 2007

3241

352.0Engineer Scholarship

Appropriation (HB 95)

The purpose of this appropriation 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 Lottery Proceeds
TOTAL PUBLIC FUNDS

$760,000 $760,000 $760,000

$760,000 $760,000 $760,000

$760,000 $760,000 $760,000

Georgia Military College Scholarship

Continuation Budget

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 Lottery Proceeds
TOTAL PUBLIC FUNDS

$770,477 $770,477 $770,477

$770,477 $770,477 $770,477

$770,477 $770,477 $770,477

353.1 Transfer funds from the HOPE Grant program to fund additional scholarships for students returning from military deployment.

Lottery Proceeds

$458,231

$458,231

353.0Georgia Military College Scholarship

Appropriation (HB 95)

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 Lottery Proceeds
TOTAL PUBLIC FUNDS

$770,477 $770,477 $770,477

$1,228,708 $1,228,708 $1,228,708

$1,228,708 $1,228,708 $1,228,708

Governor's Scholarship Program

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$2,329,200 $2,329,200 $2,329,200

$2,329,200 $2,329,200 $2,329,200

$2,329,200 $2,329,200 $2,329,200

3242

JOURNAL OF THE HOUSE

354.0Governor's Scholarship Program

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$2,329,200 $2,329,200 $2,329,200

$2,329,200 $2,329,200 $2,329,200

$2,329,200 $2,329,200 $2,329,200

Guaranteed Educational Loans

Continuation Budget

The purpose of this appropriation is to provide forgivable loans to students enrolled in critical fields of study, which include programs

such as nursing, physical therapy and pharmacy.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$3,799,883 $3,799,883
$280,000 $280,000 $280,000 $4,079,883

$3,799,883 $3,799,883
$280,000 $280,000 $280,000 $4,079,883

$3,799,883 $3,799,883
$280,000 $280,000 $280,000 $4,079,883

355.1 Eliminate one-time funds received in HB1027 (FY07) for nursing service cancelable loans.

Intergovernmental Transfers Not Itemized

($280,000)

($280,000)

($280,000)

355.2 Increase funds for recruitment of nursing faculty by providing twenty-five service cancelable loans for advanced degrees.

Intergovernmental Transfers Not Itemized

$250,000

$250,000

$250,000

355.0Guaranteed Educational Loans

Appropriation (HB 95)

The purpose of this appropriation is to provide forgivable loans to students enrolled in critical fields of study, which include programs such as nursing, physical therapy and pharmacy.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$3,799,883 $3,799,883
$250,000 $250,000 $250,000 $4,049,883

$3,799,883 $3,799,883
$250,000 $250,000 $250,000 $4,049,883

$3,799,883 $3,799,883
$250,000 $250,000 $250,000 $4,049,883

TUESDAY, APRIL 17, 2007

3243

HERO Scholarship

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$200,000 $200,000 $200,000

$200,000 $200,000 $200,000

$200,000 $200,000 $200,000

356.1 Increase funds to serve an additional 359 students. Intergovernmental Transfers Not Itemized

$718,000

$718,000

$718,000

356.0HERO Scholarship

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$200,000 $200,000 $718,000 $718,000 $718,000 $918,000

$200,000 $200,000 $718,000 $718,000 $718,000 $918,000

$200,000 $200,000 $718,000 $718,000 $718,000 $918,000

HOPE Administration

Continuation Budget

The purpose of this appropriation 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 Lottery Proceeds State General Funds
TOTAL PUBLIC FUNDS

$5,228,320 $5,228,320
$0 $5,228,320

$5,228,320 $5,228,320
$0 $5,228,320

$5,228,320 $5,228,320
$0 $5,228,320

357.1 Annualize the cost of the FY07 salary adjustment.

Lottery Proceeds

$0

$0

$0

357.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

Lottery Proceeds

$0

$0

$0

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JOURNAL OF THE HOUSE

357.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

Lottery Proceeds

$0

$0

$0

357.4 Increase funds for four financial aid consultants to educate students, parents, counselors, and graduation coaches on resources available through GAcollege411.

State General Funds

$158,912

$158,912

$158,912

357.5 Increase funds to expand marketing efforts of GAcollege411 in order to increase access to college.

Intergovernmental Transfers Not Itemized

$500,000

$500,000

$500,000

357.0HOPE Administration

Appropriation (HB 95)

The purpose of this appropriation 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 Lottery Proceeds State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$5,387,232 $5,228,320
$158,912 $500,000 $500,000 $500,000 $5,887,232

$5,387,232 $5,228,320
$158,912 $500,000 $500,000 $500,000 $5,887,232

$5,387,232 $5,228,320
$158,912 $500,000 $500,000 $500,000 $5,887,232

HOPE GED

Continuation Budget

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 Lottery Proceeds
TOTAL PUBLIC FUNDS

$2,461,614 $2,461,614 $2,461,614

$2,461,614 $2,461,614 $2,461,614

$2,461,614 $2,461,614 $2,461,614

358.0HOPE GED

Appropriation (HB 95)

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.

TUESDAY, APRIL 17, 2007

3245

TOTAL STATE FUNDS Lottery Proceeds
TOTAL PUBLIC FUNDS

$2,461,614 $2,461,614 $2,461,614

$2,461,614 $2,461,614 $2,461,614

$2,461,614 $2,461,614 $2,461,614

HOPE Grant

Continuation Budget

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 Lottery Proceeds
TOTAL PUBLIC FUNDS

$122,784,173 $122,784,173 $122,784,173

$122,784,173 $122,784,173 $122,784,173

$122,784,173 $122,784,173 $122,784,173

359.1 Transfer excess HOPE Grant funds to Bright from the Start: Georgia Department of Early Care and Learning to fund enrollment growth and rate changes in the Pre-Kindergarten program.

Lottery Proceeds

($17,353,918) ($17,353,918) ($17,353,918)

359.2 Transfer funds to the Georgia Military College Scholarship program to fund additional scholarships for troops returning from military deployment.

Lottery Proceeds

($458,231)

($458,231)

359.0HOPE Grant

Appropriation (HB 95)

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 Lottery Proceeds
TOTAL PUBLIC FUNDS

$105,430,255 $105,430,255 $105,430,255

$104,972,024 $104,972,024 $104,972,024

$104,972,024 $104,972,024 $104,972,024

HOPE Scholarships - Private Schools

Continuation Budget

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 Lottery Proceeds
TOTAL PUBLIC FUNDS

$45,651,732 $45,651,732 $45,651,732

$45,651,732 $45,651,732 $45,651,732

$45,651,732 $45,651,732 $45,651,732

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360.0HOPE Scholarships - Private Schools

Appropriation (HB 95)

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 Lottery Proceeds
TOTAL PUBLIC FUNDS

$45,651,732 $45,651,732 $45,651,732

$45,651,732 $45,651,732 $45,651,732

$45,651,732 $45,651,732 $45,651,732

HOPE Scholarships - Public Schools

Continuation Budget

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 Lottery Proceeds
TOTAL PUBLIC FUNDS

$344,500,917 $344,500,917 $344,500,917

$344,500,917 $344,500,917 $344,500,917

$344,500,917 $344,500,917 $344,500,917

361.1 Transfer funds to Bright from the Start: Georgia Department of Early Care and Learning to fund enrollment growth and rate changes in the Pre-Kindergarten program.

Lottery Proceeds

($5,549,981) ($5,549,981) ($5,549,981)

361.0HOPE Scholarships - Public Schools

Appropriation (HB 95)

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 Lottery Proceeds
TOTAL PUBLIC FUNDS

$338,950,936 $338,950,936 $338,950,936

$338,950,936 $338,950,936 $338,950,936

$338,950,936 $338,950,936 $338,950,936

Law Enforcement Dependents Grant

Continuation Budget

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 institution in Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$50,911 $50,911 $50,911

$50,911 $50,911 $50,911

$50,911 $50,911 $50,911

TUESDAY, APRIL 17, 2007

3247

362.0Law Enforcement Dependents Grant

Appropriation (HB 95)

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 institution in Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$50,911 $50,911 $50,911

$50,911 $50,911 $50,911

$50,911 $50,911 $50,911

Leveraging Educational Assistance Partnership Program

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$966,757 $966,757 $520,653 $520,653 $1,487,410

$966,757 $966,757 $520,653 $520,653 $1,487,410

$966,757 $966,757 $520,653 $520,653 $1,487,410

363.0Leveraging Educational Assistance Partnership Program

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$966,757 $966,757 $520,653 $520,653 $1,487,410

$966,757 $966,757 $520,653 $520,653 $1,487,410

$966,757 $966,757 $520,653 $520,653 $1,487,410

North Georgia Military Scholarship Grants

Continuation Budget

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 State General Funds

$683,951 $683,951

$683,951 $683,951

$683,951 $683,951

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JOURNAL OF THE HOUSE

TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$1,010,402 $1,010,402 $1,010,402 $1,694,353

$1,010,402 $1,010,402 $1,010,402 $1,694,353

$1,010,402 $1,010,402 $1,010,402 $1,694,353

364.1 Eliminate one-time funds received in HB1027 (FY07) for students returning from military deployment.

Intergovernmental Transfers Not Itemized

($1,010,402) ($1,010,402) ($1,010,402)

364.0North Georgia Military Scholarship Grants

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$683,951 $683,951 $683,951

$683,951 $683,951 $683,951

$683,951 $683,951 $683,951

North Georgia ROTC Grants

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$432,479 $432,479 $432,479

$432,479 $432,479 $432,479

$432,479 $432,479 $432,479

365.0North Georgia ROTC Grants

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$432,479 $432,479 $432,479

$432,479 $432,479 $432,479

$432,479 $432,479 $432,479

Promise Scholarship

Continuation Budget

The purpose of this appropriation is to provide forgivable loans to students in their junior and senior year who aspire to be teachers

in Georgia public schools.

TUESDAY, APRIL 17, 2007

3249

TOTAL STATE FUNDS Lottery Proceeds
TOTAL PUBLIC FUNDS

$5,855,278 $5,855,278 $5,855,278

$5,855,278 $5,855,278 $5,855,278

$5,855,278 $5,855,278 $5,855,278

366.0Promise Scholarship

Appropriation (HB 95)

The purpose of this appropriation 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 Lottery Proceeds
TOTAL PUBLIC FUNDS

$5,855,278 $5,855,278 $5,855,278

$5,855,278 $5,855,278 $5,855,278

$5,855,278 $5,855,278 $5,855,278

Public Memorial Safety Grant

Continuation Budget

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 Lottery Proceeds
TOTAL PUBLIC FUNDS

$255,850 $255,850 $255,850

$255,850 $255,850 $255,850

$255,850 $255,850 $255,850

367.0Public Memorial Safety Grant

Appropriation (HB 95)

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 Lottery Proceeds
TOTAL PUBLIC FUNDS

$255,850 $255,850 $255,850

$255,850 $255,850 $255,850

$255,850 $255,850 $255,850

Teacher Scholarship

Continuation Budget

The purpose of this appropriation is to provide forgivable loans to teachers seeking advanced education degrees in critical shortage

fields of study.

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TOTAL STATE FUNDS Lottery Proceeds
TOTAL PUBLIC FUNDS

$5,332,698 $5,332,698 $5,332,698

$5,332,698 $5,332,698 $5,332,698

$5,332,698 $5,332,698 $5,332,698

368.0Teacher Scholarship

Appropriation (HB 95)

The purpose of this appropriation is to provide forgivable loans to teachers seeking advanced education degrees in critical shortage fields of study.

TOTAL STATE FUNDS Lottery Proceeds
TOTAL PUBLIC FUNDS

$5,332,698 $5,332,698 $5,332,698

$5,332,698 $5,332,698 $5,332,698

$5,332,698 $5,332,698 $5,332,698

Tuition Equalization Grants

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$27,531,802 $27,531,802 $5,483,198 $5,483,198 $5,483,198 $33,015,000

$27,531,802 $27,531,802 $5,483,198 $5,483,198 $5,483,198 $33,015,000

$27,531,802 $27,531,802 $5,483,198 $5,483,198 $5,483,198 $33,015,000

369.1 Increase funds to adjust award amount from $1,000 to $1,100.

State General Funds

$3,280,000

$3,280,000

369.2 Eliminate one-time funds received in HB1027 (FY07) for Tuition Equalization Grants.

Intergovernmental Transfers Not Itemized

($1,328,705) ($1,328,705)

$3,280,000 ($1,328,705)

369.0Tuition Equalization Grants

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS

$30,811,802 $30,811,802 $4,154,493

$30,811,802 $30,811,802 $4,154,493

$30,811,802 $30,811,802 $4,154,493

TUESDAY, APRIL 17, 2007

3251

Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$4,154,493 $4,154,493 $34,966,295

$4,154,493 $4,154,493 $34,966,295

$4,154,493 $4,154,493 $34,966,295

Nonpublic Postsecondary Education Commission

Continuation Budget

The purpose of this appropriation is to authorize private post-secondary schools in Georgia; provide transcripts for students who

attended schools that closed; and resolve complaints.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$671,242 $671,242 $671,242

$671,242 $671,242 $671,242

$671,242 $671,242 $671,242

370.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$1,914

$1,914

$1,914

370.2 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$28,696

$28,696

$28,696

370.3 Increase funds to reflect an adjustment in Workers' Compensation premiums.

State General Funds

$1,511

$1,511

$1,511

370.4 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$10,099

$10,099

$10,099

370.5 Increase funds for one standard administrator position to increase the number of institutions meeting academic and financial standards.

State General Funds

$76,125

$76,125

$76,125

370.0Nonpublic Postsecondary Education Commission

Appropriation (HB 95)

The purpose of this appropriation is to authorize private post-secondary schools in Georgia; provide transcripts for students who attended schools that closed; and resolve complaints.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$789,587 $789,587 $789,587

$789,587 $789,587 $789,587

$789,587 $789,587 $789,587

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JOURNAL OF THE HOUSE

Section 44: Teachers' Retirement System

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

$3,903,200 $3,903,200 $24,209,246 $24,209,246 $28,112,446

$3,903,200 $3,903,200 $24,209,246 $24,209,246 $28,112,446

$3,903,200 $3,903,200 $24,209,246 $24,209,246 $28,112,446

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

$1,555,000 $1,555,000 $24,934,005 $24,934,005 $26,489,005

Section Total - Final

$1,555,000 $1,555,000 $24,934,005 $24,934,005 $26,489,005

$1,555,000 $1,555,000 $24,934,005 $24,934,005 $26,489,005

Floor/COLA, Local System Fund

Continuation Budget

The purpose of this appropriation is to provide retirees from local retirement systems a minimum allowance upon retirement and a

post-retirement benefit adjustment (COLA) whenever such adjustment is granted to teachers who retired under TRS.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,903,200 $3,903,200 $3,903,200

$3,903,200 $3,903,200 $3,903,200

$3,903,200 $3,903,200 $3,903,200

371.1 Reduce funds from the Floor Fund ($5,000) and COLA Fund ($200,000) due to the declining population of retired teachers who qualify for this benefit.

State General Funds

($205,000)

($205,000)

($205,000)

371.2 Transfer funds for HB400 (2006 Session) to the Department of Education, the Board of Regents, and the Department of Technical and Adult Education to properly reflect the employer rate increase for TRS members from 9.24% to 9.28%.

State General Funds

($2,143,200) ($2,143,200) ($2,143,200)

371.0Floor/COLA, Local System Fund

Appropriation (HB 95)

TUESDAY, APRIL 17, 2007

3253

The purpose of this appropriation is to provide retirees from local retirement systems a minimum allowance upon retirement and a post-retirement benefit adjustment (COLA) whenever such adjustment is granted to teachers who retired under TRS.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,555,000 $1,555,000 $1,555,000

$1,555,000 $1,555,000 $1,555,000

$1,555,000 $1,555,000 $1,555,000

System Administration

Continuation Budget

The purpose of this appropriation is to provide all services to active members, including: service purchases, refunds, retirement

counseling, and new retirement processing.

TOTAL STATE FUNDS TOTAL INTRA-STATE GOVERNMENT TRANSFERS
State Funds Transfers Retirement Payments
TOTAL PUBLIC FUNDS

$0 $24,209,246 $24,209,246 $24,209,246 $24,209,246

$0 $24,209,246 $24,209,246 $24,209,246 $24,209,246

$0 $24,209,246 $24,209,246 $24,209,246 $24,209,246

372.1 Annualize the cost of the FY07 salary adjustment.

Retirement Payments

$265,094

$265,094

$265,094

372.2 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

Retirement Payments

$873,575

$873,575

$873,575

372.3 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

Retirement Payments

$52,090

$52,090

$52,090

372.4 Reduce funds received for one-time computer upgrades.

Retirement Payments

($466,000)

($466,000)

($466,000)

372.0System Administration

Appropriation (HB 95)

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 State Funds Transfers

$24,934,005 $24,934,005

$24,934,005 $24,934,005

$24,934,005 $24,934,005

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JOURNAL OF THE HOUSE

Retirement Payments TOTAL PUBLIC FUNDS

$24,934,005 $24,934,005

$24,934,005 $24,934,005

$24,934,005 $24,934,005

It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 9.28%.

Section 45: Technical Education, Department of

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services
TOTAL PUBLIC FUNDS

$336,788,064 $336,788,064 $19,814,459 $19,814,459 $56,732,658 $56,732,658 $413,335,181

$336,788,064 $336,788,064 $19,814,459 $19,814,459 $56,732,658 $56,732,658 $413,335,181

$336,788,064 $336,788,064 $19,814,459 $19,814,459 $56,732,658 $56,732,658 $413,335,181

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers
TOTAL PUBLIC FUNDS

$384,802,807 $384,802,807 $19,814,459 $19,814,459 $56,732,658 $56,732,658
$6,500,000 $6,500,000 $467,849,924

Section Total - Final

$382,715,533 $382,715,533 $19,814,459 $19,814,459 $56,732,658 $56,732,658
$6,500,000 $6,500,000 $465,762,650

$366,369,941 $366,369,941 $19,814,459 $19,814,459 $56,732,658 $56,732,658
$3,500,000 $3,500,000 $446,417,058

Adult Literacy

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS

$12,451,684 $12,451,684 $6,669,526

$12,451,684 $12,451,684 $6,669,526

$12,451,684 $12,451,684 $6,669,526

TUESDAY, APRIL 17, 2007

3255

Federal Funds Not Itemized TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$6,669,526 $1,121,886 $1,121,886 $1,121,886 $20,243,096

$6,669,526 $1,121,886 $1,121,886 $1,121,886 $20,243,096

$6,669,526 $1,121,886 $1,121,886 $1,121,886 $20,243,096

373.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$229,332

$229,332

$229,332

373.2 Increase funds for a 3% salary increase for teachers and support personnel with the Department of Technical and Adult Education effective January 1, 2008.

State General Funds

$169,964

$169,964

$169,964

373.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$662,080

$662,080

$662,080

373.4 Transfer one-time funds ($500,000) for the Shirley Smith Center to offset the loss of Temporary Assistance for Needy Families (TANF) funds and to continue providing literacy services. (G:YES)(H:YES)(S:YES)

State General Funds

$0

$0

$0

373.5 Increase funds to offset the loss of TANF funds and to continue providing adult literacy services. [One-Time Change]

State General Funds

$2,500,000

$2,500,000

$2,000,000

373.6 Transfer funds for HB400 (2006 Session) from the Teachers' Retirement System (TRS) to properly reflect the employer rate increase for TRS members from 9.24% to 9.28%.

State General Funds

$3,540

$3,540

$3,540

373.7 Reflect the Governor's TANF plan as indicated on page 200 of the Governors Budget Report.

FF Temporary Assistance for Needy Families CFDA93.558

$3,000,000

$3,000,000

$0

373.8 Increase funds to cover FY07 shortfall. [One-Time Change]

State General Funds

$1,000,000

373.99 SAC: 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 provided that, as allowable by law, every student is assessed a monetary fee equivalent to and in addition to the GED fee.

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JOURNAL OF THE HOUSE

State General Funds

$0

373.0Adult Literacy

Appropriation (HB 95)

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 provided that, as allowable by law, every student is assessed a monetary fee equivalent to and in addition to the GED fee.

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 Federal Funds Transfers FF Temporary Assistance for Needy Families CFDA93.558
TOTAL PUBLIC FUNDS

$16,016,600 $16,016,600 $6,669,526 $6,669,526 $1,121,886 $1,121,886 $1,121,886 $3,000,000 $3,000,000 $3,000,000 $26,808,012

$16,016,600 $16,016,600 $6,669,526 $6,669,526 $1,121,886 $1,121,886 $1,121,886 $3,000,000 $3,000,000 $3,000,000 $26,808,012

$16,516,600 $16,516,600 $6,669,526 $6,669,526 $1,121,886 $1,121,886 $1,121,886
$24,308,012

Departmental Administration

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$9,184,019 $9,184,019 $2,059,788 $2,059,788
$800,000 $800,000 $800,000 $12,043,807

$9,184,019 $9,184,019 $2,059,788 $2,059,788
$800,000 $800,000 $800,000 $12,043,807

$9,184,019 $9,184,019 $2,059,788 $2,059,788
$800,000 $800,000 $800,000 $12,043,807

374.1 Annualize the cost of the FY07 salary adjustment. State General Funds

$150,698

$150,698

$150,698

TUESDAY, APRIL 17, 2007

3257

374.2 Increase funds for a 3% salary increase for teachers and support personnel with the Department of Technical and Adult Education effective January 1, 2008.

State General Funds

$118,843

$118,843

$118,843

374.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$435,235

$435,235

$435,235

374.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$150,247

$150,247

$150,247

374.5 Transfer funds for HB400 (2006 Session) from the Teachers' Retirement System (TRS) to properly reflect the employer rate increase for TRS members from 9.24% to 9.28%.

State General Funds

$960

$960

$960

374.0Departmental Administration

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$10,040,002 $10,040,002 $2,059,788 $2,059,788
$800,000 $800,000 $800,000 $12,899,790

$10,040,002 $10,040,002 $2,059,788 $2,059,788
$800,000 $800,000 $800,000 $12,899,790

$10,040,002 $10,040,002 $2,059,788 $2,059,788
$800,000 $800,000 $800,000 $12,899,790

Quick Start and Customized Services

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$12,613,900 $12,613,900 $12,613,900

$12,613,900 $12,613,900 $12,613,900

$12,613,900 $12,613,900 $12,613,900

3258

JOURNAL OF THE HOUSE

375.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$136,238

$136,238

$136,238

375.2 Increase funds for a 3% salary increase for teachers and support personnel with the Department of Technical and Adult Education effective January 1, 2008.

State General Funds

$105,580

$105,580

$105,580

375.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$387,425

$387,425

$387,425

375.4 Increase operating and customized training funds to prepare the workforce related to the Kia project. [One-Time Change]

State General Funds

$3,124,900

$3,124,900

$3,600,000

375.0Quick Start and Customized Services

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$16,368,043 $16,368,043 $16,368,043

$16,368,043 $16,368,043 $16,368,043

$16,843,143 $16,843,143 $16,843,143

Technical Education

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$302,538,461 $302,538,461 $11,085,145 $11,085,145 $54,810,772 $54,810,772 $54,810,772 $368,434,378

$302,538,461 $302,538,461 $11,085,145 $11,085,145 $54,810,772 $54,810,772 $54,810,772 $368,434,378

$302,538,461 $302,538,461 $11,085,145 $11,085,145 $54,810,772 $54,810,772 $54,810,772 $368,434,378

TUESDAY, APRIL 17, 2007

3259

376.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$5,141,940

$5,141,940

$5,141,940

376.2 Increase funds for a 3% salary increase for teachers and support personnel with the Department of Technical and Adult Education effective January 1, 2008.

State General Funds

$4,100,327

$4,100,327

$4,100,327

376.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$15,040,323 $15,040,323 $15,040,323

376.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$1,383,207

$1,383,207

$1,383,207

376.5 Transfer funds for HB400 (2006 Session) from the Teachers' Retirement System (TRS) to properly reflect the employer rate increase for TRS members from 9.24% to 9.28%.

State General Funds

$58,600

$58,600

$58,600

376.6 Reduce funds due to declining enrollment of 3.8% (-$7,162,726) and increase expenses to reflect an increase in square footage ($892,492).

State General Funds

($6,270,234)

$892,492 ($6,270,234)

376.7 Eliminate one-time funds received in HB1027 (FY07) for the Augusta Technical College satellite campus.

State General Funds

($135,000)

($135,000)

($135,000)

376.8 Increase funds for electricity and gas.

State General Funds

$2,851,553

$2,851,553

$2,851,553

376.9 Increase funds for the fast track nursing initiative to increase the number of nursing graduates in the workforce.

State General Funds

$650,000

$650,000

$650,000

376.10 Increase funds for Minor Repairs and Renovations (MRR). (S:Move to bonds)

State General Funds

$10,710,750 $10,710,750

$0

376.11 Transfer funds from DTAE to the Board of Regents to merge Georgia Aviation Technical College and Middle Georgia College within the University System.

State General Funds

($3,691,765) ($3,691,765) ($3,691,765)

376.12 Increase funds to replace obsolete equipment. (H and S:Move to bonds)

3260

JOURNAL OF THE HOUSE

State General Funds

$10,000,000

$0

$0

376.13 Reflect the Governor's TANF plan as indicated on page 200 of the Governor's Budget Report.

FF Temporary Assistance for Needy Families CFDA93.558

$3,500,000

$3,500,000

$3,500,000

376.14 Increase funds for roof repairs at the Moultrie Technical College Career Academy.

State General Funds

$750,000

$0

376.15 Increase funds for five start-up or existing Career Academies per SB68 (2007 Session) "Career Academies Act".

State General Funds

$1,500,000

376.16 Increase funds for the predesign of a college and technical facility in Catoosa County.

State General Funds

$50,000

376.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize state funds ($153,688) and agency funds ($551,226) for software licenses and voice over internet implementation. (G:YES)(H:YES)

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$0

$0

($153,688)

$0

$0

$0

$0

$0

($153,688)

376.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize state funds ($93,528) and agency funds ($182,631) for software licenses and voice over internet implementation. (G:YES)(H:YES)

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$0

$0

($93,528)

$0

$0

$0

$0

$0

($93,528)

376.0Technical Education

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services

$342,378,162 $342,378,162 $11,085,145 $11,085,145 $54,810,772 $54,810,772

$340,290,888 $340,290,888 $11,085,145 $11,085,145 $54,810,772 $54,810,772

$322,970,196 $322,970,196 $11,085,145 $11,085,145 $54,810,772 $54,810,772

TUESDAY, APRIL 17, 2007

Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
Federal Funds Transfers FF Temporary Assistance for Needy Families CFDA93.558
TOTAL PUBLIC FUNDS
Section 46: Transportation, Department of
TOTAL STATE FUNDS State Motor Fuel Funds State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Intergovernmental Transfers Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State Motor Fuel Funds State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Intergovernmental Transfers Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$54,810,772 $3,500,000 $3,500,000 $3,500,000 $411,774,079

$54,810,772 $3,500,000 $3,500,000 $3,500,000 $409,686,805

$54,810,772 $3,500,000 $3,500,000 $3,500,000 $392,366,113

Section Total - Continuation

$664,031,462 $646,759,400 $17,272,062 $1,176,511,379 $24,629,445 $1,151,881,934
$6,755,541 $760,233
$5,995,308 $657,795 $657,795
$1,847,956,177

$664,031,462 $646,759,400 $17,272,062 $1,176,511,379 $24,629,445 $1,151,881,934
$6,755,541 $760,233
$5,995,308 $657,795 $657,795
$1,847,956,177

$664,031,462 $646,759,400 $17,272,062 $1,176,511,379 $24,629,445 $1,151,881,934
$6,755,541 $760,233
$5,995,308 $657,795 $657,795
$1,847,956,177

Section Total - Final

$775,206,811 $753,832,078 $21,374,733 $1,340,924,620 $24,629,445 $1,316,295,175
$6,755,541 $760,233
$5,995,308 $657,795

$780,106,811 $753,832,078 $26,274,733 $1,340,924,620 $24,629,445 $1,316,295,175
$6,755,541 $760,233
$5,995,308 $657,795

$773,787,194 $750,414,878 $23,372,316 $1,335,062,254 $24,629,445 $1,310,432,809
$6,755,541 $760,233
$5,995,308 $657,795

3261

3262

JOURNAL OF THE HOUSE

State Funds Transfers TOTAL PUBLIC FUNDS

$657,795

$657,795

$657,795

$2,123,544,767 $2,128,444,767 $2,116,262,784

Air Transportation

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Air Transportation Charges
TOTAL PUBLIC FUNDS

$1,495,535 $1,495,535
$275,000 $275,000 $275,000 $657,795 $657,795 $657,795 $2,428,330

$1,495,535 $1,495,535
$275,000 $275,000 $275,000 $657,795 $657,795 $657,795 $2,428,330

$1,495,535 $1,495,535
$275,000 $275,000 $275,000 $657,795 $657,795 $657,795 $2,428,330

377.1 Annualize the costs of the FY07 salary adjustment.

State General Funds

$11,046

$11,046

$11,046

377.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$26,237

$26,237

$26,237

377.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$56,036

$56,036

$56,036

377.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$12,321

$12,321

$12,321

377.5 Eliminate one-time funds received in HB1027 (FY07) for aircraft inspections.

State General Funds

($92,000)

($92,000)

($92,000)

377.6 Increase funds to implement the Aviation Task Force recommendations on fleet improvements. [One-Time Change]

State General Funds

$3,000,000

$0

$0

TUESDAY, APRIL 17, 2007

3263

377.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($2,417) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($2,417)

377.0Air Transportation

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Air Transportation Charges
TOTAL PUBLIC FUNDS

$4,509,175 $4,509,175
$275,000 $275,000 $275,000 $657,795 $657,795 $657,795 $5,441,970

$1,509,175 $1,509,175
$275,000 $275,000 $275,000 $657,795 $657,795 $657,795 $2,441,970

$1,506,758 $1,506,758
$275,000 $275,000 $275,000 $657,795 $657,795 $657,795 $2,439,553

Airport Aid

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$6,621,247 $6,621,247 $6,000,000 $6,000,000 $12,621,247

$6,621,247 $6,621,247 $6,000,000 $6,000,000 $12,621,247

$6,621,247 $6,621,247 $6,000,000 $6,000,000 $12,621,247

378.1 Annualize the costs of the FY07 salary adjustment.

State General Funds

$2,632

$2,632

$2,632

378.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$6,316

$6,316

$6,316

3264

JOURNAL OF THE HOUSE

378.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$13,490

$13,490

$13,490

378.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$2,464

$2,464

$2,464

378.5 Increase funds to support the state's airports, with $300,000 designated for improvements at the Richard B. Russell Regional Airport in Floyd County. [One-Time Change]

State General Funds

$5,000,000

378.0Airport Aid

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$6,646,149 $6,646,149 $6,000,000 $6,000,000 $12,646,149

$6,646,149 $6,646,149 $6,000,000 $6,000,000 $12,646,149

$11,646,149 $11,646,149 $6,000,000 $6,000,000 $17,646,149

Data Collection, Compliance and Reporting

Continuation Budget

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 State Motor Fuel Funds State General Funds
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$4,094,746 $3,252,278
$842,468 $8,270,257 $8,270,257
$62,257 $62,257 $62,257 $12,427,260

$4,094,746 $3,252,278
$842,468 $8,270,257 $8,270,257
$62,257 $62,257 $62,257 $12,427,260

$4,094,746 $3,252,278
$842,468 $8,270,257 $8,270,257
$62,257 $62,257 $62,257 $12,427,260

379.1 Annualize the cost of the FY07 salary adjustment.

TUESDAY, APRIL 17, 2007

3265

State Motor Fuel Funds State General Funds TOTAL PUBLIC FUNDS

$51,349 $5,932 $57,281

$51,349 $5,932 $57,281

$51,349 $5,932 $57,281

379.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State Motor Fuel Funds State General Funds TOTAL PUBLIC FUNDS

$73,171 $13,057 $86,228

$73,171 $13,057 $86,228

$73,171 $13,057 $86,228

379.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State Motor Fuel Funds State General Funds TOTAL PUBLIC FUNDS

$188,878 $27,887
$216,765

$188,878 $27,887
$216,765

$188,878 $27,887
$216,765

379.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State Motor Fuel Funds State General Funds TOTAL PUBLIC FUNDS

$64,137 $9,241 $73,378

$64,137 $9,241 $73,378

$64,137 $9,241 $73,378

379.5 Reduce funds from operations.

State Motor Fuel Funds

($30,000)

($30,000)

($30,000)

379.0Data Collection, Compliance and Reporting

Appropriation (HB 95)

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 State Motor Fuel Funds State General Funds
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Sales and Services

$4,498,398 $3,599,813
$898,585 $8,270,257 $8,270,257
$62,257 $62,257

$4,498,398 $3,599,813
$898,585 $8,270,257 $8,270,257
$62,257 $62,257

$4,498,398 $3,599,813
$898,585 $8,270,257 $8,270,257
$62,257 $62,257

3266

JOURNAL OF THE HOUSE

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$62,257 $12,830,912

$62,257 $12,830,912

$62,257 $12,830,912

Departmental Administration

Continuation Budget

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 State Motor Fuel Funds State General Funds
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$59,232,851 $59,232,851
$0 $9,533,343 $9,533,343
$898,970 $898,970 $898,970 $69,665,164

$59,232,851 $59,232,851
$0 $9,533,343 $9,533,343
$898,970 $898,970 $898,970 $69,665,164

$59,232,851 $59,232,851
$0 $9,533,343 $9,533,343
$898,970 $898,970 $898,970 $69,665,164

380.1 Annualize the cost of the FY07 salary adjustment.

State Motor Fuel Funds

$516,809

$516,809

$516,809

380.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State Motor Fuel Funds

$778,864

$778,864

$778,864

380.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State Motor Fuel Funds

$2,009,287

$2,009,287

$2,009,287

380.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State Motor Fuel Funds

$554,927

$554,927

$554,927

380.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State Motor Fuel Funds

$113,856

$113,856

$113,856

380.6 Increase funds to annualize the FY07 GBA rate increase.

State Motor Fuel Funds

$518,348

$518,348

$518,348

TUESDAY, APRIL 17, 2007

3267

380.7 Reduce funds from operations.

State Motor Fuel Funds

($138,000)

($138,000)

380.8 Increase funds for the required motor fuel tax state match for increased FHWA funds.

State Motor Fuel Funds Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS

$286,788 $1,306,480 $1,593,268

$286,788 $1,306,480 $1,593,268

($138,000)
$286,788 $1,306,480 $1,593,268

380.0Departmental Administration

Appropriation (HB 95)

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 State Motor Fuel Funds
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$63,873,730 $63,873,730 $10,839,823 $10,839,823
$898,970 $898,970 $898,970 $75,612,523

$63,873,730 $63,873,730 $10,839,823 $10,839,823
$898,970 $898,970 $898,970 $75,612,523

$63,873,730 $63,873,730 $10,839,823 $10,839,823
$898,970 $898,970 $898,970 $75,612,523

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 State Motor Fuel Funds State General Funds
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$150,438,889 $150,438,889
$0 $69,658,670 $69,658,670
$595,233 $595,233 $595,233 $220,692,792

$150,438,889 $150,438,889
$0 $69,658,670 $69,658,670
$595,233 $595,233 $595,233 $220,692,792

$150,438,889 $150,438,889
$0 $69,658,670 $69,658,670
$595,233 $595,233 $595,233 $220,692,792

3268

JOURNAL OF THE HOUSE

381.1 Annualize the cost of the FY07 salary adjustment.

State Motor Fuel Funds

$278,075

$278,075

$278,075

381.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State Motor Fuel Funds

$505,689

$505,689

$505,689

381.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State Motor Fuel Funds

$1,067,617

$1,067,617

$1,067,617

381.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State Motor Fuel Funds

$346,481

$346,481

$346,481

381.5 Reduce funds from operations.

State Motor Fuel Funds

($214,000)

($214,000)

($214,000)

381.6 Eliminate one-time funds received in HB1027 (FY07) for signage for tourism in the northeast Georgia mountains.

State Motor Fuel Funds

($100,000)

($100,000)

($100,000)

381.7 Reduce funds from the Local Assistance Road Program (LARP) from $67.9 million to $60 million.

State Motor Fuel Funds

($7,900,000) ($7,900,000) ($7,900,000)

381.8 Reduce funds from State Fund Construction - Off System from $34 million to $27 million.

State Motor Fuel Funds

($7,000,000) ($7,000,000) ($7,000,000)

381.9 Reduce funds from State Fund Construction - Most Needed from $23,000,000 to $20,787,879.

State Motor Fuel Funds

($1,327,273) ($1,327,273) ($1,327,273)

381.10 Increase funds for LARP ($5,000,000), the beautification of the city of Johns Creek ($500,000) and road work in the city of Milton ($500,000).

State General Funds

$6,000,000

$0

381.0Local Road Assistance

Appropriation (HB 95)

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 State Motor Fuel Funds

$136,095,478 $142,095,478 $136,095,478 $136,095,478 $136,095,478 $136,095,478

TUESDAY, APRIL 17, 2007

3269

State General Funds TOTAL FEDERAL FUNDS
Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$69,658,670 $69,658,670
$595,233 $595,233 $595,233 $206,349,381

$6,000,000 $69,658,670 $69,658,670
$595,233 $595,233 $595,233 $212,349,381

$69,658,670 $69,658,670
$595,233 $595,233 $595,233 $206,349,381

Ports and Waterways

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$1,160,783 $1,160,783 $1,160,783

$1,160,783 $1,160,783 $1,160,783

$1,160,783 $1,160,783 $1,160,783

382.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$1,637

$1,637

$1,637

382.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$3,928

$3,928

$3,928

382.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$8,389

$8,389

$8,389

382.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$1,232

$1,232

$1,232

382.5 Increase funds for a property tax increase ($147,433) and legal fees ($500,000) for the Savannah Harbor dredge disposal area in Jasper County, South Carolina.

State General Funds

$647,433

$647,433

$647,433

382.6 Eliminate funds for vector control for Chatham County dredge disposal areas whose routine maintenance is the responsibility of the Army Corps of Engineers.

State General Funds

($300,000)

($300,000)

($300,000)

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382.0Ports and Waterways

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$1,523,402 $1,523,402 $1,523,402

$1,523,402 $1,523,402 $1,523,402

$1,523,402 $1,523,402 $1,523,402

Rail

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$184,369 $184,369
$88,239 $88,239 $88,239 $272,608

$184,369 $184,369
$88,239 $88,239 $88,239 $272,608

$184,369 $184,369
$88,239 $88,239 $88,239 $272,608

383.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$2,461

$2,461

$2,461

383.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$3,271

$3,271

$3,271

383.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$6,986

$6,986

$6,986

383.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$2,464

$2,464

$2,464

383.5 Eliminate one-time funds received in HB1027 (FY07) for an implementation study for freight and passenger rail modernization along the I-85 freight corridor.

State General Funds

($75,000)

($75,000)

($75,000)

383.6 Increase funds for operations.

TUESDAY, APRIL 17, 2007

3271

State General Funds

$172,932

$172,932

383.7 Increase funds to match CSX's investment for rail improvements in Waycross. (S:See bonds)

State General Funds

$1,500,000

$172,932 $0

383.0 Rail

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$297,483 $297,483
$88,239 $88,239 $88,239 $385,722

$1,797,483 $1,797,483
$88,239 $88,239 $88,239 $1,885,722

$297,483 $297,483
$88,239 $88,239 $88,239 $385,722

State Highway System Construction and Improvement

The purpose of this appropriation is to ensure a safe and efficient transportation system.

TOTAL STATE FUNDS State Motor Fuel Funds State General Funds
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$185,749,276 $185,749,276
$0 $875,644,270 $875,644,270
$165,000 $165,000 $165,000 $1,061,558,546

Continuation Budget

$185,749,276 $185,749,276
$0 $875,644,270 $875,644,270
$165,000 $165,000 $165,000 $1,061,558,546

$185,749,276 $185,749,276
$0 $875,644,270 $875,644,270
$165,000 $165,000 $165,000 $1,061,558,546

384.1 Annualize the cost of the FY07 salary adjustment.

State Motor Fuel Funds

$883,161

$883,161

$883,161

384.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State Motor Fuel Funds

$1,530,770

$1,530,770

$1,530,770

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384.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State Motor Fuel Funds

$3,377,026

$3,377,026

$3,377,026

384.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State Motor Fuel Funds

$1,035,259

$1,035,259

$1,035,259

384.5 Increase funds to reflect the cost of the current employer share of the State Health Benefit Plan premiums.

State Motor Fuel Funds

$1,488,720

$1,488,720

$1,488,720

384.6 Increase funds for operations.

State Motor Fuel Funds

$130,100

$130,100

$130,100

384.7 Increase funds for the required motor fuel tax state match for increased FHWA funds.

State Motor Fuel Funds Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS

$95,075,682 $163,106,761 $258,182,443

$95,075,682 $163,106,761 $258,182,443

$91,658,482 $157,244,395 $248,902,877

384.8 Reduce funds from State Fund Construction - Most Needed from $23,000,000 to $20,787,879. (S:Reduce funds from State Fund Construction - Most Needed from $23,000,000 to $20,187,879)

State Motor Fuel Funds

($884,848)

($884,848)

($884,848)

384.9 Increase State Motor Fuel funds for State Fund Construction - On System recommended in the FY07 Amended Governor's Recommendation to help advance construction projects in the state transportation improvement program (STIP) ($53,538,176). (S:YES)

State Motor Fuel Funds

$0

384.10 Increase State Motor Fuel funds to replace eight facilities recommended in the FY07 Amended Governor's Recommendation that have exceeded their useful life and for which the cost of renovation exceeds the cost of replacement structures: $500,000 each for 5 routine maintenance buildings (Nahunta, Eatonton, Louisville, Richmond Hill, and Woodbine), $750,000 for the area office in LaGrange, $650,000 for the area office in Milledgeville, and $1,200,000 for the special forces building in Sparta which houses regional quick response crews. (S:YES)

State Motor Fuel Funds

$0

384.99 SAC: The purpose of this appropriation is to ensure a safe and efficient transportation system and provide the necessary resources to accelerate the surplus property disposal process.

State General Funds

$0

TUESDAY, APRIL 17, 2007

3273

384.0State Highway System Construction and Improvement

Appropriation (HB 95)

The purpose of this appropriation is to ensure a safe and efficient transportation system and provide the necessary resources to accelerate the surplus property disposal process.

TOTAL STATE FUNDS State Motor Fuel Funds
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$288,385,146 $288,385,146 $1,038,751,031 $1,038,751,031
$165,000 $165,000 $165,000 $1,327,301,177

$288,385,146 $288,385,146 $1,038,751,031 $1,038,751,031
$165,000 $165,000 $165,000 $1,327,301,177

$284,967,946 $284,967,946 $1,032,888,665 $1,032,888,665
$165,000 $165,000 $165,000 $1,318,021,611

State Highway System Maintenance The purpose of this appropriation is to coordinate all statewide maintenance activities.

TOTAL STATE FUNDS State Motor Fuel Funds
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$178,417,269 $178,417,269 $153,104,852 $153,104,852
$642,602 $642,602 $642,602 $332,164,723

Continuation Budget

$178,417,269 $178,417,269 $153,104,852 $153,104,852
$642,602 $642,602 $642,602 $332,164,723

$178,417,269 $178,417,269 $153,104,852 $153,104,852
$642,602 $642,602 $642,602 $332,164,723

385.1 Annualize the cost of the FY07 salary adjustment.

State Motor Fuel Funds

$1,130,535

$1,130,535

$1,130,535

385.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State Motor Fuel Funds

$2,326,113

$2,326,113

$2,326,113

385.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State Motor Fuel Funds

$4,511,989

$4,511,989

$4,511,989

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385.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State Motor Fuel Funds

$1,838,370

385.5 Increase funds for operations.

State Motor Fuel Funds

$169,400

$1,838,370 $169,400

$1,838,370 $169,400

385.0State Highway System Maintenance

The purpose of this appropriation is to coordinate all statewide maintenance activities.

TOTAL STATE FUNDS State Motor Fuel Funds
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$188,393,676 $188,393,676 $153,104,852 $153,104,852
$642,602 $642,602 $642,602 $342,141,130

Appropriation (HB 95)

$188,393,676 $188,393,676 $153,104,852 $153,104,852
$642,602 $642,602 $642,602 $342,141,130

$188,393,676 $188,393,676 $153,104,852 $153,104,852
$642,602 $642,602 $642,602 $342,141,130

State Highway System Operations

Continuation Budget

The purpose of this appropriation is to ensure a safe and efficient transportation system statewide by traffic engineering and traffic

management.

TOTAL STATE FUNDS State Motor Fuel Funds
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$22,669,984 $22,669,984 $35,670,542 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $62,366,766

$22,669,984 $22,669,984 $35,670,542 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $62,366,766

$22,669,984 $22,669,984 $35,670,542 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $62,366,766

386.1 Annualize the cost of the FY07 salary adjustment.

State Motor Fuel Funds

$278,453

$278,453

$278,453

386.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

TUESDAY, APRIL 17, 2007

3275

State Motor Fuel Funds

$482,404

$482,404

$482,404

386.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State Motor Fuel Funds

$1,098,379

$1,098,379

$1,098,379

386.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State Motor Fuel Funds

$362,515

$362,515

$362,515

386.5 Increase funds to reflect the full cost of the current employer share of the State Health Benefit Plan (SHBP) premiums.

State Motor Fuel Funds

$711,020

$711,020

$711,020

386.6 Increase funds for operations.

State Motor Fuel Funds

$82,500

$82,500

$82,500

386.0State Highway System Operations

Appropriation (HB 95)

The purpose of this appropriation is to ensure a safe and efficient transportation system statewide by traffic engineering and traffic management.

TOTAL STATE FUNDS State Motor Fuel Funds
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$25,685,255 $25,685,255 $35,670,542 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $65,382,037

$25,685,255 $25,685,255 $35,670,542 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $65,382,037

$25,685,255 $25,685,255 $35,670,542 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $65,382,037

Transit

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS

$6,967,660 $6,967,660 $18,629,445 $18,629,445
$2,000

$6,967,660 $6,967,660 $18,629,445 $18,629,445
$2,000

$6,967,660 $6,967,660 $18,629,445 $18,629,445
$2,000

3276

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Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$2,000 $2,000 $25,599,105

$2,000 $2,000 $25,599,105

$2,000 $2,000 $25,599,105

387.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$6,653

$6,653

$6,653

387.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$14,524

$14,524

$14,524

387.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$31,017

$31,017

$31,017

387.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$7,392

$7,392

$7,392

387.5 Increase funds for the administration of the intermodal programs.

State General Funds

$472,693

$472,693

$472,693

387.0 Transit

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$7,499,939 $7,499,939 $18,629,445 $18,629,445
$2,000 $2,000 $2,000 $26,131,384

$7,499,939 $7,499,939 $18,629,445 $18,629,445
$2,000 $2,000 $2,000 $26,131,384

$7,499,939 $7,499,939 $18,629,445 $18,629,445
$2,000 $2,000 $2,000 $26,131,384

Payments to the State Road and Tollway Authority

Continuation Budget

TUESDAY, APRIL 17, 2007

3277

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 State Motor Fuel Funds State General Funds
TOTAL PUBLIC FUNDS

$46,998,853 $46,998,853
$0 $46,998,853

$46,998,853 $46,998,853
$0 $46,998,853

$46,998,853 $46,998,853
$0 $46,998,853

388.1 Increase funds to reflect the increase in the debt service schedule from $46,998,853 to $53,859,065 for guaranteed revenue bonds, applying $6,060,085 in realized interest earnings at the State Road and Tollway Authority to reduce the Department's payment.

State Motor Fuel Funds

$800,127

$800,127

$800,127

388.2 Utilize existing funds to construct a sound barrier along the south end of GA 400. (S:YES)

State Motor Fuel Funds State General Funds

$0 $400,000

388.0Payments to the State Road and Tollway Authority

Appropriation (HB 95)

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 State Motor Fuel Funds State General Funds
TOTAL PUBLIC FUNDS

$47,798,980 $47,798,980
$47,798,980

$48,198,980 $47,798,980
$400,000 $48,198,980

$47,798,980 $47,798,980
$47,798,980

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 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 on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.

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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.

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.

Section 47: Veterans Service, Department of

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$23,145,033 $23,145,033 $10,969,879 $10,969,879 $34,114,912

$23,145,033 $23,145,033 $10,969,879 $10,969,879 $34,114,912

$23,145,033 $23,145,033 $10,969,879 $10,969,879 $34,114,912

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$25,161,170 $25,161,170 $11,919,879 $11,919,879 $37,081,049

Section Total - Final

$25,304,170 $25,304,170 $11,919,879 $11,919,879 $37,224,049

$24,502,387 $24,502,387 $11,919,879 $11,919,879 $36,422,266

Departmental Administration

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$664,624 $664,624 $664,624

$664,624 $664,624 $664,624

$664,624 $664,624 $664,624

TUESDAY, APRIL 17, 2007

3279

389.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$4,236

$4,236

$4,236

389.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$8,312

$8,312

$8,312

389.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$14,191

$14,191

$14,191

389.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$1,297

$1,297

$1,297

389.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$2,925

$2,925

$2,925

389.6 Increase funds for repairs of the electrical system in the Wheeler building. (S:Transfer to the Georgia War Veterans Nursing

Home

-

Milledgeville

program)

[One-Time

Change]

Sites: Georgia War Veterans Nursing Home, Milledgeville

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$507,500

$507,500

$0

$942,500

$942,500

$0

$1,450,000

$1,450,000

$0

389.0Departmental Administration

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$1,203,085 $1,203,085
$942,500 $942,500 $2,145,585

$1,203,085 $1,203,085
$942,500 $942,500 $2,145,585

$695,585 $695,585
$695,585

Georgia Veterans Memorial Cemetery

Continuation Budget

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.

3280

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$406,183 $406,183
$36,554 $36,554 $442,737

$406,183 $406,183
$36,554 $36,554 $442,737

$406,183 $406,183
$36,554 $36,554 $442,737

390.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$2,647

$2,647

$2,647

390.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$7,656

$7,656

$7,656

390.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$13,071

$13,071

$13,071

390.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$1,573

$1,573

$1,573

390.5 Increase funds to annualize the cost of the Glennville cemetery.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$134,892 $7,500
$142,392

$134,892 $7,500
$142,392

$134,892 $7,500
$142,392

390.0Georgia Veterans Memorial Cemetery

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$566,022 $566,022
$44,054 $44,054 $610,076

$566,022 $566,022
$44,054 $44,054 $610,076

$566,022 $566,022
$44,054 $44,054 $610,076

Georgia War Veterans Nursing Home - Augusta

Continuation Budget

TUESDAY, APRIL 17, 2007

3281

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$4,935,539 $4,935,539 $3,104,750 $3,104,750 $8,040,289

$4,935,539 $4,935,539 $3,104,750 $3,104,750 $8,040,289

$4,935,539 $4,935,539 $3,104,750 $3,104,750 $8,040,289

391.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$50,103

$50,103

$50,103

391.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$56,727

$56,727

$56,727

391.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$96,848

$96,848

$96,848

391.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$37,106

$37,106

$37,106

391.5 Increase funds to offset rising healthcare costs. (S:Funded in HB94 - FY07A)

State General Funds

$783,919

$783,919

$0

391.0Georgia War Veterans Nursing Home - Augusta

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$5,960,242 $5,960,242 $3,104,750 $3,104,750 $9,064,992

$5,960,242 $5,960,242 $3,104,750 $3,104,750 $9,064,992

$5,176,323 $5,176,323 $3,104,750 $3,104,750 $8,281,073

Georgia War Veterans Nursing Home - Milledgeville

Continuation Budget

The purpose of this appropriation is to provide both skilled nursing and domiciliary care to aged and infirmed Georgia war veterans.

3282

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TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$11,368,113 $11,368,113 $7,225,135 $7,225,135 $18,593,248

$11,368,113 $11,368,113 $7,225,135 $7,225,135 $18,593,248

$11,368,113 $11,368,113 $7,225,135 $7,225,135 $18,593,248

392.1 Eliminate one-time costs for five replacement hospital beds.

State General Funds

($8,825)

($8,825)

($8,825)

392.2 Increase funds for operations.

State General Funds

$143,000

$143,000

392.3 Increase funds for repairs of the electrical system in the Wheeler building. (S:Transfer Governor's Recommendation from the Departmental Administration program) [One-Time Change]

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$507,500 $942,500 $1,450,000

392.0Georgia War Veterans Nursing Home - Milledgeville

Appropriation (HB 95)

The purpose of this appropriation is to provide both skilled nursing and domiciliary care to aged and infirmed Georgia war veterans.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$11,359,288 $11,359,288 $7,225,135 $7,225,135 $18,584,423

$11,502,288 $11,502,288 $7,225,135 $7,225,135 $18,727,423

$12,009,788 $12,009,788 $8,167,635 $8,167,635 $20,177,423

Veterans Benefits

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS

$5,770,574 $5,770,574
$603,440

$5,770,574 $5,770,574
$603,440

$5,770,574 $5,770,574
$603,440

TUESDAY, APRIL 17, 2007

3283

Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$603,440 $6,374,014

$603,440 $6,374,014

$603,440 $6,374,014

393.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$46,064

$46,064

$46,064

393.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$87,850

$87,850

$87,850

393.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$149,983

$149,983

$149,983

393.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$13,280

$13,280

$13,280

393.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$4,782

$4,782

$4,782

393.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($7,143) for Voice Over Internet Protocol (VoIP) technology. (G:YES)(H:YES)

State General Funds

$0

$0

($7,193)

393.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($10,671) for a rental increase in thirteen veteran service offices. (G:YES)(H:YES)

State General Funds

$0

$0

($10,671)

393.0Veterans Benefits

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$6,072,533 $6,072,533
$603,440 $603,440 $6,675,973

$6,072,533 $6,072,533
$603,440 $603,440 $6,675,973

$6,054,669 $6,054,669
$603,440 $603,440 $6,658,109

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Section 48: Workers' Compensation, State Board of

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services
TOTAL PUBLIC FUNDS

$16,100,599 $16,100,599
$120,000 $120,000 $16,220,599

$16,100,599 $16,100,599
$120,000 $120,000 $16,220,599

$16,100,599 $16,100,599
$120,000 $120,000 $16,220,599

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$17,308,389 $17,308,389 $17,308,389

Section Total - Final

$17,308,389 $17,308,389 $17,308,389

$17,268,050 $17,268,050 $17,268,050

Administer the Workers' Compensation Laws

Continuation Budget

The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation

law.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$9,901,446 $9,901,446 $9,901,446

$9,901,446 $9,901,446 $9,901,446

$9,901,446 $9,901,446 $9,901,446

394.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$85,156

$85,156

$85,156

394.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$336,989

$336,989

$336,989

394.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$431,757

$431,757

$431,757

394.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$56,544

$56,544

$56,544

TUESDAY, APRIL 17, 2007

3285

394.5 Increase funds to obtain additional space for alternative dispute resolution hearings.

State General Funds

$12,189

$12,189

$12,189

394.6 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to increase funds for operations.

State General Funds

$18,236

$18,236

$0

394.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($22,103) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($22,103)

394.0Administer the Workers' Compensation Laws

Appropriation (HB 95)

The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$10,842,317 $10,842,317 $10,842,317

$10,842,317 $10,842,317 $10,842,317

$10,801,978 $10,801,978 $10,801,978

Board Administration

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$6,199,153 $6,199,153
$120,000 $120,000 $120,000 $6,319,153

$6,199,153 $6,199,153
$120,000 $120,000 $120,000 $6,319,153

$6,199,153 $6,199,153
$120,000 $120,000 $120,000 $6,319,153

395.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$17,359

$17,359

$17,359

395.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$22,765

$22,765

$22,765

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JOURNAL OF THE HOUSE

395.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$58,754

$58,754

$58,754

395.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$7,833

$7,833

$7,833

395.5 Utilize existing funds for the leasing of three copiers. (G:YES)(H:YES)(S:Approval not required by the General Assembly)

State General Funds

$0

$0

$0

395.6 Increase funds for real estate rents and obtain additional space for alternative dispute resolution hearings.

State General Funds

$178,444

$178,444

$178,444

395.7 Utilize existing funds for the storage of claim files archived at the Secretary of State's Records Center. (G:YES)(H:YES)(S:Approval not required by the General Assembly)

State General Funds

$0

$0

$0

395.8 Reduce funds to reflect amount collected.

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($120,000) ($120,000)

($120,000) ($120,000)

($120,000) ($120,000)

395.9 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to reduce funds from operations.

State General Funds

($18,236)

($18,236)

($18,236)

395.0Board Administration

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$6,466,072 $6,466,072 $6,466,072

$6,466,072 $6,466,072 $6,466,072

$6,466,072 $6,466,072 $6,466,072

Section 49: State of Georgia General Obligation Debt Sinking Fund

Section Total - Continuation

TOTAL STATE FUNDS State Motor Fuel Funds

$867,362,477 $867,362,477 $867,362,477 $155,000,000 $155,000,000 $155,000,000

TUESDAY, APRIL 17, 2007

3287

State General Funds TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State Motor Fuel Funds State General Funds
TOTAL AGENCY FUNDS Reserved Fund Balances
TOTAL PUBLIC FUNDS
General Obligation Debt Sinking Fund - Issued

$712,362,477 $712,362,477 $712,362,477 $867,362,477 $867,362,477 $867,362,477

$954,125,401 $169,012,322 $785,113,079
$954,125,401

Section Total - Final

$945,203,687 $169,012,322 $776,191,365
$945,203,687

$944,721,433 $172,429,522 $772,291,911 $105,033,144 $105,033,144 $1,049,754,577

Continuation Budget

TOTAL STATE FUNDS State Motor Fuel Funds State General Funds
TOTAL PUBLIC FUNDS

$719,349,981 $155,000,000 $564,349,981 $719,349,981

$719,349,981 $155,000,000 $564,349,981 $719,349,981

$719,349,981 $155,000,000 $564,349,981 $719,349,981

396.1 Repeal the authorization in HB1181 (FY05) of $20,000,000 in 20-year bonds for the Department of Transportation. (S:5-Year Bonds)

State General Funds

($4,520,000) ($4,520,000) ($4,520,000)

396.2 Decrease debt service for existing obligation on issued bonds.

State General Funds

($7,436,244) ($7,436,244) ($7,436,244)

396.3 Deauthorize $2,000 in 20-year bonds for Board of Regents and $2,000 in 20-year bonds for Department of Technical and Adult Education.

State General Funds

($348)

($348)

($348)

396.4 Adjust debt service on the authorization in HB85 (FY06) of $2,500,000 in 20-year bonds for the Ports Authority.

State General Funds

$17,500

$17,500

$17,500

396.5 Repeal the authorization in HB85 (FY06) of $20,000,000 in 20-year bonds for the Department of Transportation.

State Motor Fuel Funds

($4,520,000) ($4,520,000) ($4,520,000)

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JOURNAL OF THE HOUSE

396.6 Utilize existing debt service to fund $70,000,000 in 20-year bonds for the Department of Transportation. (H and S:See item 397.205)

State Motor Fuel Funds

$5,980,100

$0

$0

396.7 Increase debt service for existing obligation on issued bonds for the Department of Transportation.

State Motor Fuel Funds

$12,552,222 $12,552,222 $12,552,222

396.8 Transfer Funds from GO Bonds - New to GO Bonds - Issued to reflect the issuance of new bonds.

State General Funds

$148,012,496 $148,012,496

396.9 Decrease debt service for existing obligation on issued bonds.

State General Funds

($3,913,125) ($3,913,125)

396.10 Decrease debt service to reflect the refunding of previously issued bonds at a more favorable interest rate.

State General Funds

($10,979,013) ($10,979,013)

396.11 Recognize reserves for authorized but not issued debt

General Obligation Debt Reserve-State General Funds General Obligation Debt Reserve-State Motor Fuel Funds TOTAL PUBLIC FUNDS

$67,648,144 $37,385,000 $105,033,144

396.12 Recognize General Obligation Debt Reserves (State General Funds Reserve of $50,431,047 and Motor Fuel Funds Reserve of $5,895,816) and utilize State General Funds Reserve of $37,008,874 and Motor Fuel Funds Reserve of $5,895,816 for existing obligations.

State General Funds General Obligation Debt Reserve-State General Funds General Obligation Debt Reserve-State Motor Fuel Funds TOTAL PUBLIC FUNDS

($13,422,173) $0 $0
($13,422,173)

396.13 Reprogram bond funds for the St. Mary's railroad to the Southeast Georgia Joint Development Authority in Wayne County for side tracks to enable trains to pass ($1,050,000). (S:YES)

State General Funds

$0

396.14 Reprogram existing bond funds for Lovejoy to the Brain Train rail project ($1,500,000). (S:YES)

State General Funds

$0

Education, Department of

TUESDAY, APRIL 17, 2007

3289

396.15 K - 12 Equipment: $0 in principal for 5 years at 4.5%: Authorize the Georgia State Financing and Investment Commission to redirect $11 million - the balance of $468 million approved April 24, 2001 as House Bill 139, Act No. 212 for public school capital outlay - for the purchase of vocational and agricultural equipment for new schools. (S:YES)

State General Funds

$0

396.0General Obligation Debt Sinking Fund - Issued

Appropriation (HB 95)

TOTAL STATE FUNDS State Motor Fuel Funds State General Funds
TOTAL AGENCY FUNDS Reserved Fund Balances General Obligation Debt Reserve-State General Funds General Obligation Debt Reserve-State Motor Fuel Funds
TOTAL PUBLIC FUNDS

$721,423,211 $169,012,322 $552,410,889
$721,423,211

$848,563,469 $163,032,222 $685,531,247
$848,563,469

$835,141,296 $163,032,222 $672,109,074 $105,033,144 $105,033,144 $67,648,144 $37,385,000 $940,174,440

General Obligation Debt Sinking Fund - New

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$148,012,496 $148,012,496 $148,012,496

$148,012,496 $148,012,496 $148,012,496

$148,012,496 $148,012,496 $148,012,496

Criminal Justice

Corrections, Department of
397.101 Headquarters and Training Academy: $31,900,000 in principal for 20 years at 5.75%: Relocate the Headquarters and Training Academy.
From State General Funds, $2,725,217 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, $31,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$2,725,217

$2,725,217

$2,725,217

Corrections, Department of
397.102 GDC multi-projects: $24,380,000 in principal for 20 years at 5.75%: Fund bed space expansion by 1024 beds.
From State General Funds, $2,082,783 is specifically appropriated for the purpose of financing projects and facilities for the Department of

3290

JOURNAL OF THE HOUSE

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, $24,380,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$2,082,783

$2,082,783

$2,082,783

Defense, Department of
397.103 Dobbins Headquarters: $3,070,000 in principal for 20 years at 5.75%: Increase State funds to match Federal funding to design, construct and equip the new Joint Headquarters at Dobbins.
From State General Funds, $262,270 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, $3,070,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$262,270

$262,270

$262,270

Investigation, Georgia Bureau of
397.104 Northwest Regional Crime Laboratory: $2,650,000 in principal for 20 years at 5.75%: Design, construct, and equip a new Summerville Medical Examiners Office and Morgue.
From State General Funds, $226,390 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, $2,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$226,390

$226,390

$226,390

Juvenile Justice, Department of
397.105 DJJ Multi-Projects: $3,500,000 in principal for 5 years at 4.5%: Provide funds for Facility Repairs statewide.
From State General Funds, $798,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, $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

Juvenile Justice, Department of
397.106 DJJ Multi-Projects: $5,000,000 in principal for 5 years at 4.5%: Provide funds for Minor Construction/ Renovations statewide.
From State General Funds, $1,140,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, $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

$1,140,000

TUESDAY, APRIL 17, 2007

3291

Juvenile Justice, Department of
397.107 Atlanta Area Youth Development Campus: $6,795,000 in principal for 20 years at 5.75%: Provide funds for conversion of a Department of Corrections facility for the Atlanta Area Youth Detention Center (YDC).
From State General Funds, $580,497 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, $6,795,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$580,497

$580,497

$580,497

Public Safety, Department of
397.108 Public Safety Training Center: $1,700,000 in principal for 5 years at 4.5%: Repair the burn building and build a new apparatus for students at the Georgia Fire Academy.
From State General Funds, $387,600 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, $1,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$387,600

Economic Development

Environmental Facilities Authority, Georgia
397.201 Local Government Infrastructure: $20,000,000 in principal for 20 years at 5.75%: Provide funds for the State Funded Water and Sewer Construction Loan Program.
From State General Funds, $1,708,600 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

$1,964,890

$1,964,890

$1,708,600

Environmental Facilities Authority, Georgia
397.202 Local Government Infrastructure: $3,120,000 in principal for 20 years at 5.75%: Provide funds for the Clean Water State Revolving Loan Fund (SRF) Match Water and Sewer Construction Loan Program.
From State General Funds, $266,542 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 $3,120,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$266,542

$266,542

$266,542

Environmental Facilities Authority, Georgia
397.203 Local Government Infrastructure: $4,880,000 in principal for 20 years at 5.75%: Provide funds for the Drinking Water SRF Match Water and Sewer Construction Loan Program.

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JOURNAL OF THE HOUSE

From State General Funds, $416,898 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 $4,880,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$416,898

$416,898

$416,898

Transportation, Department of
397.204 Savannah harbor: $6,575,000 in principal for 20 years at 5.75%: Provide funds for the Savannah Harbor Dike Disposal Area.
From State General Funds, $561,702 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, $6,575,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$561,702

$0

$561,702

Transportation, Department of
397.205 Fast Forward: $70,000,000 in principal for 20 years at 5.75%: Provide funds for the Fast Forward program statewide. (H and S:Transfer from the General Obligation Debt Sinking Fund-Issued program and use existing debt service to fund $70,000,000 in 20-year bonds for the Department of Transportation)
From State Motor Fuel Funds, $5,980,100 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, $70,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State Motor Fuel Funds

$0

$5,980,100

$5,980,100

Financing and Investment Commission, Georgia State

397.206 Economic Development: $0 in principal for 20 years at 5.75%: Purchase land to develop a Research Park in Oconee County.

State General Funds

$427,150

$0

Transportation, Department of
397.207 Rail Lines: $7,015,000 in principal for 20 years at 5.75%: Summerville - Rossville ($715,000); Midville to Vidalia ($4,800,000); Waycross ($1,500,000).
From State General Funds, $599,291 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, $7,015,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$599,291

Transportation, Department of
397.208 Fast Forward: $40,000,000 in principal for 20 years at 5.75%: Community Improvement District (CID)
From State Motor Fuel Funds, $3,417,200 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,

TUESDAY, APRIL 17, 2007

3293

highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, $40,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State Motor Fuel Funds

$3,417,200

Transportation, Department of
397.209 Visitor Information Centers / Welcome Centers: $2,000,000 in principal for 20 years at 5.75%: Construct a Welcome Center for Tallulah Falls on the Rabun County side.
From State General Funds, $170,860 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, $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

Ports Authority, Georgia
397.210 Ports Authority: $710,000 in principal for 5 years at 4.5%: Repair roofs at Brunswick Port Warehouse No.6 ($210,000) and purchase a conveyor($500,000).
From State General Funds, $161,880 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, $710,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$161,880

Economic Development, Department of
397.211 Herty Advanced Materials Development Center: $2,000,000 in principal for 5 years at 4.5%: Repair and upgrade facilities and equipment.
From State General Funds, $456,000 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, $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

Education
Education, Department of
397.301 K - 12 Schools: $178,310,000 in principal for 20 years at 5.75%: Fund the Capital Outlay Program-Regular, for local school construction. (H and S:Fund at the $200 Million entitlement level.)
From State General Funds, $15,233,023 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 $178,310,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

3294

JOURNAL OF THE HOUSE

State General Funds

$13,785,412 $15,233,023 $15,233,023

Education, Department of
397.302 K - 12 Schools: $143,505,000 in principal for 20 years at 5.75%: Fund the Capital Outlay Program-Exceptional Growth, for local school construction. (H and S:Fund at the $200 Million entitlement level.)
From State General Funds, $12,259,632 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 $143,505,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$10,589,476 $12,259,632 $12,259,632

Education, Department of
397.303 K - 12 Schools: $122,100,000 in principal for 20 years at 5.75%: Fund the Capital Outlay Program-Regular Advance, for local school construction.
From State General Funds, $10,431,003 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 $122,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$10,431,003 $10,431,003 $10,431,003

Education, Department of
397.304 K - 12 Schools: $10,250,000 in principal for 20 years at 5.75%: Fund the Capital Outlay Program-Low Wealth, for local school construction.
From State General Funds, $875,657 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 $10,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$875,657

$875,657

$875,657

Education, Department of
397.305 K - 12 Schools: $0 in principal for 20 years at 5.75%: Design and construct a charter school to be operated by the Cobb County School System

State General Funds

$683,440

$0

Fiscal Management

Building Authority, Georgia
397.401 Pedestrian Plaza between Capitol and CLOB: $0 in principal for 20 years at 5.75%: Provide funds to close Mitchell Street for pedestrian plaza.

State General Funds

$430,567

$0

$0

Building Authority, Georgia

TUESDAY, APRIL 17, 2007

3295

397.402 GBA multi-projects: $4,930,000 in principal for 20 years at 5.75%: Provide funds for Capitol Hill Buildings Facade Restorations.
From State General Funds, $421,170 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, $4,930,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$421,170

$421,170

$421,170

Building Authority, Georgia
397.403 State Capitol: $2,000,000 in principal for 20 years at 5.75%: Provide funds for the Capitol Building Interior Renovations.
From State General Funds, $170,860 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, $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

Revenue, Department of
397.404 Tax System: $7,000,000 in principal for 5 years at 4.5%: Continue implementation of Integrated Tax System.
From State General Funds, $1,596,000 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, $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$1,596,000

$1,596,000

$1,596,000

Revenue, Department of
397.405 Tax System: $4,000,000 in principal for 5 years at 4.5%: Develop and implement an Enterprise Data Warehouse.
From State General Funds, $912,000 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, $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$912,000

$0

$912,000

Building Authority, Georgia
397.406 GBA multi-projects: $3,000,000 in principal for 20 years at 5.75%: Repairs and renovations for the Governor's Mansion.
From State General Funds, $256,290 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, $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

$256,290

3296

JOURNAL OF THE HOUSE

Higher Education

University System of Georgia, Board of Regents
397.501 Regents: $42,500,000 in principal for 20 years at 5.75%: Fund major repairs and rehabilitation.
From State General Funds, $3,630,775 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, $42,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$3,630,775

$3,630,775

$3,630,775

University System of Georgia, Board of Regents
397.502 Georgia College and State University: $1,000,000 in principal for 5 years at 4.5%: Purchase equipment for Parks Nursing Center, Georgia College and State University, Milledgeville, Baldwin County.
From State General Funds, $228,000 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, $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

University System of Georgia, Board of Regents
397.503 State University of West Georgia: $3,000,000 in principal for 5 years at 4.5%: Purchase equipment for Health, Wellness, Lifelong Learning Center.
From State General Funds, $684,000 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, $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

University System of Georgia, Board of Regents
397.504 North Georgia College and State University: $2,000,000 in principal for 5 years at 4.5%: Purchase equipment for the Library and Technology Center.
From State General Funds, $456,000 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, $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

University System of Georgia, Board of Regents
397.505 Savannah State College: $12,700,000 in principal for 20 years at 5.75%: Construct an Academic Classroom Building.
From State General Funds, $1,084,961 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of

TUESDAY, APRIL 17, 2007

3297

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, $12,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$1,084,961

$0

$1,084,961

University System of Georgia, Board of Regents
397.506 Macon State College: $22,200,000 in principal for 20 years at 5.75%: Design and construct the Professional Sciences Center.
From State General Funds, $1,896,546 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, $22,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$1,896,546

$0

$1,896,546

University System of Georgia, Board of Regents
397.507 Fort Valley State University: $16,800,000 in principal for 20 years at 5.75%: Design and construct the Academic Classroom Building.
From State General Funds, $1,435,224 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, $16,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$1,435,224

$1,435,224

$1,435,224

University System of Georgia, Board of Regents
397.508 University of Georgia: $37,205,000 in principal for 20 years at 5.75%: Design and construct the College of Pharmacy.
From State General Funds, $3,178,423 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, $37,205,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$3,178,423

$3,178,423

$3,178,423

University System of Georgia, Board of Regents
397.509 Kennesaw State University: $42,500,000 in principal for 20 years at 5.75%: Design and construct the Health Sciences Building.
From State General Funds, $3,630,775 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, $42,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$3,630,775

$3,630,775

$3,630,775

University System of Georgia, Board of Regents

3298

JOURNAL OF THE HOUSE

397.510 Georgia Gwinnett College: $28,300,000 in principal for 20 years at 5.75%: Design and construct a Library, Georgia Gwinnett College.
From State General Funds, $2,417,669 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, $28,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$2,417,669

$2,417,669

$2,417,669

University System of Georgia, Board of Regents
397.511 Traditional Industries and Research Alliance - Regents: $19,000,000 in principal for 5 years at 4.5%: Fund major research and development equipment for Georgia Research Alliance at the University of Georgia, Georgia Technology University, Medical College of Georgia, Georgia State University, Emory University, and Clark Atlanta.
From State General Funds, $4,332,000 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, $19,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$4,332,000

$4,332,000

$4,332,000

University System of Georgia, Board of Regents
397.512 Traditional Industries and Research Alliance - Regents: $900,000 in principal for 5 years at 4.5%: Purchase equipment for ongoing Traditional Industries Program (TIP).
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, $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

$0

$205,200

University System of Georgia, Board of Regents

397.513 Macon State College: $5,000,000 in principal for 20 years at 5.75%: Design and construct the Warner Robins Academic

Building

I.

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, $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
397.514 Bainbridge College: $0 in principal for 20 years at 5.75%: Renovate and expand the Kirbo Center.

TUESDAY, APRIL 17, 2007

3299

State General Funds

$333,177

$0

University System of Georgia, Board of Regents
397.515 Georgia Institute of Technology: $5,000,000 in principal for 20 years at 5.75%: Renovate the Hinman Building and portions of its east and west Architecture Buildings.
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, $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
397.516 State University of West Georgia: $1,900,000 in principal for 20 years at 5.75%: Infrastructure improvements on local land gift.
From State General Funds, $162,317 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, $1,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$162,317

$162,317

University System of Georgia, Board of Regents
397.517 Southern Polytechnic State University: $2,000,000 in principal for 20 years at 5.75%: Renovate Building I.
From State General Funds, $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, $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

$418,607

$170,860

University System of Georgia, Board of Regents
397.518 Georgia State University: $1,000,000 in principal for 20 years at 5.75%: Renovate the Physical Education Building to comply with the Americans with Disabilities Act.
From State General Funds, $85,430 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, $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

$85,430

University System of Georgia, Board of Regents
397.519 Georgia State University: $4,800,000 in principal for 20 years at 5.75%: Replace the exhaust stack system on the Natural Science Center.

3300

JOURNAL OF THE HOUSE

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, $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

University System of Georgia, Board of Regents
397.520 Valdosta State University: $4,800,000 in principal for 20 years at 5.75%: Renovate Nevins Hall.
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, $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

University System of Georgia, Board of Regents
397.521 Regents: $2,650,000 in principal for 20 years at 5.75%: Construct the Sutton Dining Hall at Rock Eagle.
From State General Funds, $226,389 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, $2,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$226,389

Technical and Adult Education, Department of
397.550 Columbus Technical College: $16,285,000 in principal for 20 years at 5.75%: Design and construct Health Science Building.
From State General Funds, $1,391,228 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, $16,285,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$1,391,228

$1,391,228

$1,391,228

Technical and Adult Education, Department of
397.551 Athens Area Technical College: $0 in principal for 20 years at 5.75%: Design and construct Health Science Building.

State General Funds

$1,521,935

$1,521,935

$0

Technical and Adult Education, Department of
397.552 Flint River Technical College: $1,260,000 in principal for 5 years at 4.5%: Purchase equipment for new Industrial Training Building.
From State General Funds, $287,280 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,

TUESDAY, APRIL 17, 2007

3301

property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, $1,260,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$287,280

$287,280

$287,280

Technical and Adult Education, Department of
397.553 Chattahoochee Technical College: $2,075,000 in principal for 5 years at 4.5%: Purchase equipment for the new classroom building, Paulding County Campus.
From State General Funds, $473,100 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, $2,075,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$473,100

$473,100

$473,100

Technical and Adult Education, Department of
397.554 Savannah Technical College: $2,445,000 in principal for 5 years at 4.5%: Purchase equipment for the new technology building.
From State General Funds, $557,460 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, $2,445,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$557,460

$557,460

$557,460

Technical and Adult Education, Department of
397.555 Atlanta Technical College: $2,795,000 in principal for 5 years at 4.5%: Purchase equipment for the new Allied Health Building.
From State General Funds, $637,260 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, $2,795,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$637,260

$637,260

$637,260

Technical and Adult Education, Department of
397.556 Okefenokee Technical College: $1,815,000 in principal for 5 years at 4.5%: Purchase equipment for the new Allied Health Building.
From State General Funds, $413,820 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, $1,815,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$413,820

$0

$413,820

3302

JOURNAL OF THE HOUSE

Technical and Adult Education, Department of
397.557 North Metro Technical College: $1,950,000 in principal for 5 years at 4.5%: Purchase equipment for the Allied Health and Technology Building. (H:Add an additional $500,000 to develop a new campus entrance)
From State General Funds, $444,600 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, $1,950,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$444,600

$558,600

$444,600

Technical and Adult Education, Department of
397.558 South Georgia Technical College: $2,030,000 in principal for 5 years at 4.5%: Purchase equipment for underway construction projects.
From State General Funds, $462,840 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, $2,030,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$462,384

$462,840

$462,840

Technical and Adult Education, Department of
397.559 DeKalb Technical College: $3,900,000 in principal for 5 years at 4.5%: Purchase equipment for underway construction projects.
From State General Funds, $889,200 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, $3,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$889,200

$889,200

$889,200

Technical and Adult Education, Department of
397.560 Griffin Technical College: $610,000 in principal for 5 years at 4.5%: Purchase equipment for underway construction projects.
From State General Funds, $139,080 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, $610,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$139,536

$139,080

$139,080

Technical and Adult Education, Department of
397.561 Technical College Multi-Projects: $5,000,000 in principal for 5 years at 4.5%: Replace obsolete equipment at multiple technical colleges.
From State General Funds, $1,140,000 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,

TUESDAY, APRIL 17, 2007

3303

property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, $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

$2,280,000

$1,140,000

Technical and Adult Education, Department of
397.562 Middle Georgia Technical College: $0 in principal for 5 years at 4.5%: Purchase equipment for the Child Development Center.

State General Funds

$127,680

$0

Technical and Adult Education, Department of
397.563 Griffin Technical College: $0 in principal for 20 years at 5.75%: Purchase land and a building for the Spalding County Campus.

State General Funds

$213,575

$0

Technical and Adult Education, Department of
397.564 Athens Area Technical College: $0 in principal for 20 years at 5.75%: Design and construct Elbert County Campus Technical and Industrial Facility.

State General Funds

$415,617

$0

Technical and Adult Education, Department of
397.565 Appalachian Technical College: $7,000,000 in principal for 20 years at 5.75%: Design and construct Cherokee County Campus.
From State General Funds, $598,011 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, $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

$598,011

$598,011

Technical and Adult Education, Department of
397.566 Technical College Multi-Projects: $15,000,000 in principal for 20 years at 5.75%: Fund Career Academies.
From State General Funds, $1,281,450 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, $15,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$1,281,450

Technical and Adult Education, Department of
397.567 Augusta Technical College: $1,500,000 in principal for 20 years at 5.75%: Construct the Airframe and Power-Plant Maintenance School on the Thomson-McDuffie Regional Airport property.

3304

JOURNAL OF THE HOUSE

From State General Funds, $128,145 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, $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

$128,145

Technical and Adult Education, Department of
397.568 Lanier Technical College: $1,500,000 in principal for 20 years at 5.75%: Construct an auditorium on the Forsyth County campus.
From State General Funds, $128,145 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, $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

$128,145

Technical and Adult Education, Department of
397.569 Lanier Technical College: $4,995,000 in principal for 20 years at 5.75%: Construct a 25,600 sq. ft. building expansion on the Dawson County Campus.
From State General Funds, $426,722 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, $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

$426,722

Technical and Adult Education, Department of
397.570 Central Georgia Technical College: $15,900,000 in principal for 20 years at 5.75%: Construct the Center for Health Services on the Milledgeville campus.
From State General Funds, $1,358,337 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, $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

Technical and Adult Education, Department of
397.571 Coosa Valley Technical College: $500,000 in principal for 20 years at 5.75%: Construct a new hangar building and renovate an existing facility.
From State General Funds, $42,715 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, $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

TUESDAY, APRIL 17, 2007

3305

State General Funds

$42,715

Technical and Adult education, Department of
397.572 Coosa Valley Technical College: $11,900,000 in principal for 20 years at 5.75%: Complete Building Phase 3 on the Gordon Campus.
From State General Funds, $1,016,617 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, $11,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$1,016,617

Technical and Adult education, Department of
397.573 Southeastern Technical College: $4,000,000 in principal for 20 years at 5.75%: Construct an automotive technology building.
From State General Funds, $341,720 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, $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

Technical and Adult education, Department of
397.574 Albany Technical College: $8,600,000 in principal for 20 years at 5.75%: Construct a building for the Construction Academy and Building K.
From State General Funds, $734,698 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, $8,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$734,698

Technical and Adult education, Department of
397.575 Technical College Multi-Projects: $10,710,750 in principal for 20 years at 5.75%: Minor Repairs and Renovations (MRR)
From State General Funds, $915,019 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, $10,710,750 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$915,019

Technical and Adult education, Department of
397.576 Appalachian Technical College: $1,000,000 in principal for 20 years at 5.75%: Construct an aviation technology/maintenance school at the Gilmer County Airport.

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JOURNAL OF THE HOUSE

From State General Funds, $85,430 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, $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

$85,430

University System of Georgia, Board of Regents
397.580 Public Libraries: $1,545,000 in principal for 20 years at 5.75%: Design and construct the North Paulding Public Library, West Georgia Regional Library.
From State General Funds, $131,989 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 Public Libraries, for that library, through the issuance of not more than $1,545,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$131,989

$131,989

University System of Georgia, Board of Regents
397.581 Public Libraries: $1,035,000 in principal for 20 years at 5.75%: Construct the Uncle Remus Regional Library (Jasper County Library).
From State General Funds, $88,420 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 Public Libraries, 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

$88,420

$88,420

University System of Georgia, Board of Regents
397.582 Public Libraries: $2,000,000 in principal for 20 years at 5.75%: Funds for the Newton County Public Library (Porter Memorial Branch 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 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

University System of Georgia, Board of Regents
397.583 Public Libraries: $2,000,000 in principal for 20 years at 5.75%: Design and construct the Fairplay Public Library, West Georgia Regional 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 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

University System of Georgia, Board of Regents
397.584 Public Libraries: $1,600,000 in principal for 20 years at 5.75%: Construct a library in Pierce County.

TUESDAY, APRIL 17, 2007

3307

From State General Funds, $136,688 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 Public Libraries, for that library, through the issuance of not more than $1,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$136,688

University System of Georgia, Board of Regents
397.585 Public Libraries: $2,000,000 in principal for 20 years at 5.75%: Renovate the Conyers-Rockdale County Library System Headquarters.
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 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

University System of Georgia, Board of Regents
397.586 Public Libraries: $1,895,000 in principal for 20 years at 5.75%: Funds for the Troup-Harris-Coweta Regional Library (Senoia Public Library) and for the Troup-Harris-Coweta Regional Library (Grantville Public Library).
From State General Funds, $161,889 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 Public Libraries, for that library, through the issuance of not more than $1,895,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$161,889

Human Development

Human Resources, Department of
397.601 DHR multi-projects: $4,400,000 in principal for 20 years at 5.75%: Fund the facility roofing program, statewide.
From State General Funds, $375,892 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, $4,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$550,169

$550,169

$375,892

Human Resources, Department of
397.602 DHR multi-projects: $3,500,000 in principal for 20 years at 5.75%: Fund renovations for the Emergency Operations Center /

server room emergency power and stand alone HVAC.
From State General Funds, $299,005 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, $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

3308

JOURNAL OF THE HOUSE

Human Resources, Department of
397.603 Southwestern State Hospital - Thomasville: $1,855,000 in principal for 20 years at 5.75%: Replace chillers and associated pumps.
From State General Funds, $158,473 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, $1,855,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$158,473

$158,473

$158,473

Human Resources, Department of
397.604 Central State Hospital: $1,745,000 in principal for 20 years at 5.75%: Fund steam plant upgrades.
From State General Funds, $149,075 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, $1,745,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$149,075

$149,075

$149,075

Veterans Service, Department of
397.605 Georgia War Veterans Nursing Home, Augusta: $1,575,000 in principal for 5 years at 4.5%: Add State funds to match Federal funds for life safety and building upgrades.
From State General Funds, $359,100 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, $1,575,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$359,100

$359,100

$359,100

Veterans Service, Department of
397.606 Georgia War Veterans Nursing Home, Milledgeville: $1,050,000 in principal for 20 years at 5.75%: Add State funds to match Federal funds for Wheeler Building, Alzheimer's unit addition and building.
From State General Funds, $89,702 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, $1,050,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$89,702

$89,702

$89,702

Labor, Department of
397.607 Roosevelt Warm Springs Institute for Rehabilitation: $9,935,000 in principal for 20 years at 5.75%: Add State funds to match Federal funds to acquire property, design, construct, and equip New Residence Hall, Evaluation and Training Buildings (VRU).

TUESDAY, APRIL 17, 2007

3309

From State General Funds, $848,747 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, $9,935,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$848,747

$848,747

$848,747

Natural Resources

Natural Resources, Department of
397.701 Georgia National Fairgrounds and Agricenter: $9,565,000 in principal for 20 years at 5.75%: Design, construct, and equip Livestock and Equine Facilities Expansion.
From State General Funds, $817,138 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, $9,565,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$817,138

$817,138

$817,138

Forestry Commission, State
397.702 Forestry Equipment: $2,500,000 in principal for 5 years at 4.5%: Purchase capital equipment, statewide. (H:$2,000,000)
From State General Funds, $570,000 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, $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

$570,000

$456,000

$570,000

Natural Resources, Department of
397.703 Burke County Public Fishing Area: $0 in principal for 20 years at 5.75%: Design and construct Burke County Public Fishing Area.

State General Funds

$213,575

$213,575

$0

Natural Resources, Department of
397.704 Public Fishing Area: $14,000,000 in principal for 20 years at 5.75%: Construct a Education and Visitor Center and a Hatchery for Go Fish Georgia.
From State General Funds, $1,196,020 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, $14,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$1,110,590

$1,196,020

Agriculture, Department of

3310

JOURNAL OF THE HOUSE

397.705 State Farmer's Markets: $0 in principal for 20 years at 5.75%: Construct and renovate the Atlanta Farmers' Market.

State General Funds

$170,860

$0

Forestry Commission, State
397.706 Forestry Equipment: $860,000 in principal for 5 years at 4.5%: Increase funds to address ongoing facilities maintenance needs.
From State General Funds, $196,080 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, $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

$196,080

397.1 Transfer funds from GO Bonds - New to GO Bonds - Issued to reflect the issuance of new bonds.

State General Funds

($148,012,496) ($148,012,496)

Total Debt Service
0 year at 0% State Motor Fuel Funds
20 year at 5.75% State Motor Fuel Funds State General Funds
5 year at 4.5% State General Funds
Total Debt Service State Motor Fuel Funds State General Funds

$0

$69,104,754

$5,980,100 $74,198,518

$9,397,300 $82,256,337

$15,584,940 $16,461,600 $17,926,500

$0 $84,689,694

$5,980,100

$9,397,300

$90,660,118 $100,182,837

Total Principal Amount
0 year at 0% State Motor Fuel Funds
20 year at 5.75% State Motor Fuel Funds State General Funds

$70,000,000
$70,000,000 $110,000,000 $808,905,000 $868,530,000 $962,850,750

TUESDAY, APRIL 17, 2007

3311

5 year at 4.5% State General Funds
Total Principal State Motor Fuel Funds State General Funds
397.0General Obligation Debt Sinking Fund - New

$68,355,000 $72,200,000 $78,625,000
$70,000,000 $70,000,000 $110,000,000 $877,260,000 $940,730,000 $1,041,475,750
Appropriation (HB 95)

TOTAL STATE FUNDS State Motor Fuel Funds State General Funds
TOTAL PUBLIC FUNDS

$232,702,190
$232,702,190 $232,702,190

$96,640,218 $5,980,100 $90,660,118 $96,640,218

$109,580,137 $9,397,300
$100,182,837 $109,580,137

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. 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 satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.

Section 53: Salary Adjustments

3312

JOURNAL OF THE HOUSE

The appropriations to budget units made above include funds for, and have the added purpose of, the following salary increases and adjustments, administered in conformity with the applicable compensation and performance management plans as provided by law:
1.) A general salary increase of three percent for employees of the Executive, Legislative and Judicial Branches. The amount for this Item is calculated according to an effective date of January 1, 2008.
2.) In lieu of other numbered items, (a) to provide 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 determined by the Office of Planning and Budget according to O.C.G.A. 45-7-4(b), 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 increases of up to three percent 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 calculated according to an effective date of January 1, 2008.
3.) In addition to other numbered Items, for budget units with employees of the Executive Branch, an amount equal to 0.5% of total personal services, calculated as of the end of calendar year 2006 for an effective date of January 1, 2008, for market adjustments, performance incentives and equity adjustments.
4.) Before items 1 and 3 above, but not in lieu of them, funds to adjust salaries of certain employees in the job titles and departments shown in the "Summary of Identified Job Classifications" on page 38 of The Governor's Budget Report FY 2008. The employees are those within the listed job titles and agencies with salaries below 75% of the salary determined by the Commissioner of Personnel Administration in December of 2006 to be the market midpoint rate for their job titles. The purpose is to adjust salaries of incumbents to 75% of such market midpoint rate, calculated for an effective date of January 1, 2008.
5.) In lieu of other numbered items, (a) to provide for a 3% increase across the State Salary Schedule of the State Board of Education through a 3% increase in the state base salary. This proposed 3% 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, 2007;
(b) To provide for a 3% increase in funding for salaries for lunchroom workers and for a 3% 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, 2007.
6.) In lieu of other numbered items, to provide a 3% 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 September 1, 2007.
7.) In lieu of other numbered items, to provide a 3% 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, 2008.
8.) In lieu of other numbered items, to provide a 3% salary increase for public librarians administered by the Board of Regents. The amount for this Item is calculated according to an effective date of January 1, 2008.

TUESDAY, APRIL 17, 2007

3313

9.) In lieu of other numbered items, to provide for a 3% 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, 2008.
Section 54. General Obligation Bonds Repealed, Revised, or Reinstated
The following paragraph of the General Appropriations Act for state fiscal year 2004-2005 (Section 63 of Ga. L. 2004, pp. 994, 1046, 1050), as carried forward in Section 63 of House Bill 84 (Ga. L. 2005, pp. 1262, 1307, 1311), in Section 48 of House Bill 85 (Ga. L. 2005, pp. 1319, 1415, 1426) and in Section 50 of House Bill 1026 (Ga. L. 2006, Book One, Volume Two Appendix, commencing as p. 1 of 226) is hereby repealed in its entirety:
From the appropriation designated "State General Funds (New)," $4,520,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
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 (Ga. L. 2005, pp. 1262, 1307, 1314) and amended in Section 51 of House Bill 1026 (Ga. L. 2006, Book One, Volume Two Appendix, commencing as p. 1 of 226) to read as follow:
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.
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 $14,220,000 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 2005-2006 (Section 48 of Ga. L. 2005, p. 1319, 1425), as carried forward in Section 50 of House Bill 1026 (Ga. L. 2006, Book One, Volume Two Appendix, commencing as p. 1 of 226) and which reads as follows:
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.
is amended to read as follows:

3314

JOURNAL OF THE HOUSE

From the appropriation designated "State General Funds (New)", $570,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
The following paragraph of the General Appropriations Act for state fiscal year 2005-2006 (Section 48 of Ga. L. 2005, pp. 1319, 1426) is hereby repealed in its entirety:
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.
Section 55: 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 Total State Funds and Total Federal Funds under a caption beginning with a program number and program name and ending with "Appropriation (HB95)," in each case as associated with the statement of Program Name and Program Purpose. 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 informational purposes only. Amounts in the other columns are for informational purposes only. The summary and lowest level of detail for Total Agency Funds and Total Intra-State Governmental Transfers are for informational purposes 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, and 55 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.

TUESDAY, APRIL 17, 2007

3315

Representative Harbin of the 118th moved that the House disagree to the Senate substitute to HB 95.
The motion prevailed.
HB 76. By Representatives Day of the 163rd, Horne of the 71st and Neal of the 1st:
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 require permission for use of the Georgia Office of Homeland Security's and the Georgia Emergency Management Agency's nomenclature and symbols, to provide for 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 Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to require permission for use of the Georgia Emergency Management Agency's nomenclature and symbols; to provide a short title; to provide for liabilities and penalties; to provide that a willful violation shall be a misdemeanor; to provide for definitions; to revise and redesignate Article 7, relating to state-wide alert systems for missing disabled adults and for unapprehended murder or rape suspects, as new articles in Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation; to provide for editorial revisions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, is amended by inserting a new article immediately following Article 7 to read as follows:
"ARTICLE 8
38-3-130. This article shall be known and may be cited as the 'Georgia Emergency Management Agency Nomenclature Act of 2007.'

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38-3-131. As used in this article, the term:
(1) 'Badge' means any official badge, identification card, or security pass used by members of the Georgia Emergency Management Agency, either in the past or currently. (2) 'Director' means the director of the Georgia Emergency Management Agency. (3) 'Emblem' means any official patch or other emblem worn currently or formerly or used by the Georgia Emergency Management Agency to identify the agency, a division of the agency, or employees of the agency. (4) 'Person' means any person, corporation, organization, or political subdivision of the State of Georgia. (5) 'Seal' means any official symbol, mark, or abbreviation which represents and is used, currently or in the past, by the Georgia Emergency Management Agency or the Georgia Information Sharing and Analysis Center or any other division or operation under the command of the Georgia Emergency Management Agency to identify the agency, a division of the agency, or employees of the agency. (6) 'Willful violator' means any person who knowingly violates the provisions of this article. Any person who violates this article after being advised in writing by the director that such person's activity is in violation of this article shall be considered a willful violator and shall be considered in willful violation of this article. Any person whose agent or representative is a willful violator and who has knowledge of the violation by the agent or representative shall also be considered a willful violator and in willful violation of this article unless, upon learning of the violation, he or she immediately terminates the agency or other relationship with such violator.
38-3-132. Whoever, except with the written permission of the director, knowingly uses the words 'Georgia Emergency Management Agency,' 'Emergency Management Agency,' or 'GEMA' in referring to Georgia's Emergency Management Agency or 'Georgia Information Sharing and Analysis Center' or 'GISAC' in referring to Georgia's Information Sharing and Analysis Center in connection with any advertisement, circular, book, pamphlet, or other publication, play, motion picture, broadcast, telecast, or other production in a manner reasonably calculated to convey the impression that such advertisement, circular, book, pamphlet, or other publication, play, motion picture, broadcast, telecast, or other production is approved, endorsed, or authorized by or associated with the Georgia Emergency Management Agency shall be in violation of this article.
35-3-133. Any person who uses or displays any symbol, including any emblem, seal, or badge, current or historical, used by the Georgia Emergency Management Agency without written permission from the director shall be in violation of this article.

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38-3-134. Any person seeking permission to use or display the nomenclature or symbols of the Georgia Emergency Management Agency may request such permission in writing to the director. The director shall serve notice on the requesting party within 15 calendar days after receipt of the request of his or her decision on whether the person may use the nomenclature or the symbol. If the director does not respond within the 15 day time period, then the request is presumed to have been denied. The grant of permission under this article shall be at the discretion of the director and under such conditions as the director may impose.
38-3-135. Whenever there shall be an actual or threatened violation of this article, the director shall have the right to apply to the Superior Court of Fulton County or to the superior court of the county of residence of the violator for an injunction to restrain the violation.
38-3-136. In addition to any other relief or sanction for a violation of this article, the director shall be entitled to collect a civil penalty in the amount of $1,000.00 for each violation from a willful violator. Further, the director shall be entitled to recover reasonable attorney's fees for bringing any action against a willful violator.
38-3-137. Any person who has given money or any other item of value to another person due in part to such person's use of agency nomenclature or symbols in violation of this article may maintain a suit for damages against the violator. Where it is proven that the violation was willful, the victim shall be entitled to recover treble damages, punitive damages, and reasonable attorney's fees.
38-3-138. Any willful violator shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than $5,000.00 or to imprisonment for not more than 12 months, or both. Each violation shall constitute a separate offense."
SECTION 2. Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, is amended by revising and redesignating Article 7, relating to state-wide alert systems for missing disabled adults and for unapprehended murder or rape suspects, as new articles in Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, as follows:
"ARTICLE 7

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38-3-110. 35-3-170. This article shall be known and may be cited as the 'Mattie's Call Act.'
38-3-111. 35-3-171. 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. 35-3-172. With the cooperation of the office of the Governor, the Georgia Lottery Corporation, and other appropriate law enforcement agencies in this state, the department bureau shall develop and implement a state-wide alert system to be activated on behalf of missing disabled adults.
38-3-113. 35-3-173. (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 shall 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. 35-3-174. 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 staff's receiving actual knowledge that such person is missing from the home.
38-3-114. 35-3-175. (a) The agency bureau 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 bureau may enter into agreements with participants in the alert system to provide necessary support for the alert system.
38-3-115. 35-3-176. (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:

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(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 bureau 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. 35-3-177. Before requesting activation of the alert system, a local law enforcement agency must shall verify that the criteria described by subsection (a) of Code Section 38-3-115 35-3176 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 bureau to request activation and shall supply the necessary information on the forms prescribed by the director.
38-3-117. 35-3-178. (a) A state agency participating in the alert system shall:
(1) Cooperate with the department bureau 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. 35-3-179. 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. 35-3-180.

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(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 'Mattie'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.
ARTICLE 8
38-3-120. 35-3-190. (a) In addition to the state-wide alert system known as 'Mattie's Call,' there There is established a state-wide alert system known as 'Kimberly's Call.' (b) As used in this article, the term 'local law enforcement agency' means a local law enforcement agency with jurisdiction over the search for a suspect in a case of murder or rape. (b)(c) 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)(d) The provisions of Code Sections 38-3-113, 38-3-114, and 38-3-117 35-3-173, 35-3-175, and 35-3-178 shall also apply to 'Kimberly's Call' as set forth in this Code section. (d)(e) 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)(f) 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)(g) Before requesting activation of the alert system, a local law enforcement agency must verify that the criteria described by subsection (d)(e) of this Code section 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)(h) 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

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(2) The director determines that the alert system is no longer an effective tool for locating the suspect. (h)(i) 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 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 disagree to the Senate substitute to HB 76.
The motion prevailed.
HB 282. By Representatives Stephens of the 164th, Martin of the 47th, Keen of the 179th, Carter of the 159th and Murphy of the 120th:
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 engines, parts, equipment, or other tangible personal property used in the maintenance or repair of certain aircraft; 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 Senate Committee substitute (LC 18 6243S) to HB 282 by striking on line 16 of page 1 the words "so long as such aircraft is not registered in this state"
Representative Stephens of the 164th moved that the House disagree to the Senate amendment to HB 282.
The motion prevailed.
HB 155. By Representative Willard of the 49th:
A BILL to be entitled an Act to amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Human Resources,

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so as to permit the department to obtain criminal history background data on owners of personal care homes, private home care providers, and child welfare agencies; to provide for definitions; to provide for the establishment of a uniform method of obtaining criminal history background checks; to prohibit owners with certain criminal records from operating licensed facilities; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL
To amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to permit the department to obtain criminal background information on owners of personal care homes, private home care providers, community living arrangements, and child welfare agencies; to provide for definitions; to provide for the establishment of a method of obtaining criminal history background checks; to prohibit certain owners with certain criminal records from operating licensed facilities; to provide for administrative remedies; to provide for confidentiality of certain information; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, is amended by adding a new Code section to read as follows:
"49-2-14.1. (a) As used in this Code section, the term:
(1) 'Conviction' means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought. (2) 'Crime' means commission of the following offenses:
(A) A violation of Code Section 16-5-1, relating to murder and felony murder; (B) A violation of Code Section 16-5-21, relating to aggravated assault; (C) A violation of Code Section 16-5-24, relating to aggravated battery; (D) A violation of Code Section 16-5-70, relating to cruelty to children; (E) A violation of Code Section 16-5-100, relating to cruelty to a person 65 years of age or older; (F) A violation of Code Section 16-6-1, relating to rape; (G) A violation of Code Section 16-6-2, relating to aggravated sodomy; (H) A violation of Code Section 16-6-4, relating to child molestation;

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(I) A violation of Code Section 16-6-5, relating to enticing a child for indecent purposes; (J) A violation of Code Section 16-6-5.1, relating to sexual assault against persons in custody, detained persons, or patients in hospitals or other institutions; (K) A violation of Code Section 16-6-22.2, relating to aggravated sexual battery; (L) A violation of Code Section 16-8-41, relating to armed robbery; (M) A violation of Code Section 30-5-8, relating to abuse, neglect, or exploitation of a disabled adult or elder person; or (N) Any other offense committed in another jurisdiction that, if committed in this state, would be deemed to be a crime listed in this paragraph without regard to its designation elsewhere. (3) 'Criminal record' means any of the following: (A) Conviction of a crime; (B) Arrest, charge, and sentencing for a crime where:
(i) A plea of nolo contendere was entered to the charge; (ii) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (iii) Adjudication or sentence was otherwise withheld or not entered on the charge; or (C) Arrest and being charged for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17. (4) 'Facility' means a: (A) Personal care home required to be licensed or permitted under Code Section 31-7-12; (B) Private home care provider required to be licensed under Article 13 of Chapter 7 of Title 31; (C) Community living arrangement subject to licensure under paragraph (16) of subsection (b) and subsection (c) of Code Section 37-1-20; or (D) Child welfare agency, including a child-caring institution, child-placing agency, and maternity home required to be licensed under Code Section 49-5-12. (5) 'GCIC' means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35. (6) 'GCIC information' means criminal history record information as defined in Code Section 35-3-30. (7) 'License' means the document issued by the department to authorize the facility to operate. (8) 'Owner' means any individual or any person affiliated with a corporation, partnership, or association with 10 percent or greater ownership interest in a facility providing care to persons under the license of the facility in this state and who: (A) Purports to or exercises authority of the owner in a facility; (B) Applies to operate or operates a facility; (C) Maintains an office on the premises of a facility; (D) Resides at a facility;

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(E) Has direct access to persons receiving care at a facility; (F) Provides direct personal supervision of facility personnel by being immediately available to provide assistance and direction during the time such facility services are being provided; or (G) Enters into a contract to acquire ownership of a facility. (9) 'Records check application' means two sets of classifiable fingerprints and a records search fee to be established by the department by rule and regulation, payable in such form as the department may direct to cover the cost of obtaining criminal background information pursuant this Code section. (b) An owner with a criminal record shall not operate or hold a license to operate a facility, and the department shall revoke the license of any owner operating a facility or refuse to issue a license to any owner operating a facility if it determines that such owner has a criminal record; provided, however, that an owner who holds a license to operate a facility on or before June 30, 2007, shall not have his or her license revoked prior to a hearing being held before a hearing officer pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (c)(1) Prior to approving any license for a new facility and periodically as established by the department by rule and regulation, the department shall require an owner to submit a records check application. The department shall establish a uniform method of obtaining an owner's records check application. (2)(A) Unless the department contracts pursuant to subparagraph (B) of this paragraph, the department shall transmit to the GCIC both sets of fingerprints and the records search fee from each fingerprint records check application. Upon receipt thereof, the GCIC shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its records and records to which it has access. Within ten days after receiving fingerprints acceptable to the GCIC and the fee, the GCIC shall notify the department in writing of any criminal record or if there is no such finding. After a search of Federal Bureau of Investigation records and fingerprints and upon receipt of the bureau's report, the department shall make a determination about an owner's criminal record and shall notify the owner in writing as to the department's determination as to whether the owner has or does not have a criminal record. (B) The department may either perform criminal background checks under agreement with the GCIC or contract with the GCIC and appropriate law enforcement agencies which have access to GCIC and Federal Bureau of Investigation information to have those agencies perform for the department criminal background checks for owners. The department or the appropriate law enforcement agencies may charge reasonable fees for performing criminal background checks. (3)(A) The department's determination regarding an owner's criminal record, or any action by the department revoking or refusing to grant a license based on such determination, shall constitute a contested case for purposes of Chapter 13 of Title

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50, the 'Georgia Administrative Procedure Act,' except that any hearing required to be held pursuant thereto may be held reasonably expeditiously after such determination or action by the department. (B) In a hearing held pursuant to subparagraph (A) of this paragraph or subsection (b) of this Code section, the hearing officer shall consider in mitigation the length of time since the crime was committed, the absence of additional criminal charges, the circumstances surrounding the commission of the crime, other indicia of rehabilitation, the facility's history of compliance with the regulations, and the owner's involvement with the licensed facility in arriving at a decision as to whether the criminal record requires the denial or revocation of the license to operate the facility. Where a hearing is required, at least 30 days prior to such hearing, the hearing officer shall notify the office of the prosecuting attorney who initiated the prosecution of the crime in question in order to allow the prosecutor to object to a possible determination that the conviction would not be a bar for the grant or continuation of a license as contemplated within this Code section. If objections are made, the hearing officer shall take such objections into consideration in considering the case. (4) Neither the GCIC, the department, any law enforcement agency, nor the employees of any such entities shall be responsible for the accuracy of information nor have any liability for defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of information or determination based thereon pursuant to this Code section. (d) All information received from the Federal Bureau of Investigation or the GCIC shall be for the exclusive purpose of approving or denying the granting of a license to a new facility or the revision of a license of an existing facility when a new owner is proposed and shall not be released or otherwise disclosed to any other person or agency except to any person or agency with a legal right to inspect the facility. All such information collected by the department shall be maintained by the department pursuant to laws regarding and the rules or regulations of the Federal Bureau of Investigation and the GCIC, as is applicable. Penalties for the unauthorized release or disclosure of any such information shall be as prescribed pursuant to laws regarding and rules or regulations of the Federal Bureau of Investigation and the GCIC, as is applicable. (e) The requirements of this Code section are supplemental to any requirements for a license imposed by Article 3 of Chapter 5 of this title or Article 11 of Chapter 7 of Title 31. (f) The department shall promulgate written rules and regulations to implement the provisions of this Code section."
SECTION 2. 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 155.

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On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B
Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole
Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H N Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier E Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Hatfield
Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A E Holmes

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown E Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord N Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Martin Maxwell
Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

N Scott, M Y Sellier
Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C
Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V Smyre Y Stanley-Turner E Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard E Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker

On the motion, the ayes were 155, nays 4.

The motion prevailed.

HB 497. By Representatives Sheldon of the 105th, Cox of the 102nd, Cooper of the 41st, Coan of the 101st, Roberts of the 154th and others:

A BILL to be entitled an Act to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to provide for prebirth surrender of rights for a biological father to a child being placed for adoption; to provide for the dissolution of surrender rights signed by the birth

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mother if the biological father legitimates the child and the adoption is not granted; to clarify the authority of a birth mother to sign either a voluntary acknowledgment of legitimation or of paternity following her execution of a surrender of parental rights in support of an adoption of the same child; 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 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to provide for pre-birth surrender of rights for a biological father to a child being placed for adoption; to provide for the dissolution of surrender rights signed by the birth mother if the biological father legitimates the child and the adoption is not granted; to clarify the authority of a birth mother to sign either a voluntary acknowledgment of legitimation or of paternity following her execution of a surrender of parental rights in support of an adoption of the same child; 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 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, is amended in Code Section 19-8-4, relating to the surrender of rights to the department or a child-placing agency, by revising subsection (c) as follows:
"(c) The surrender to the department or to a child-placing agency specified in paragraphs (1) and (2) of subsection (e) of this Code section shall be executed, following the birth of the child, and the pre-birth surrender to the department or to a child-placing agency specified in paragraph (3) of subsection (e) of this Code section shall be executed prior to the birth of the child. Each surrender shall be executed in the presence of a representative of the department or the agency and a notary. A copy shall be delivered to the individual signing the surrender at the time of the execution thereof."
SECTION 2. Said chapter is further amended in said Code section by adding a new paragraph to subsection (e) as follows:
"(3)(A) The biological father who is not the legal father of a child may execute a surrender of his rights to the child prior to the birth of the child for the purpose of an adoption pursuant to this Code section. A pre-birth surrender, when signed under oath by the alleged biological father, shall serve to relinquish the alleged biological

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father's rights to the child and to waive the alleged biological father's right to notice of any proceeding with respect to the child's adoption, custody, or guardianship. The court in any adoption proceeding shall have jurisdiction to enter a final order of adoption of the child based upon the pre-birth surrender and in other proceedings to determine the child's legal custody or guardianship shall have jurisdiction to enter an order for those purposes. (B) The responsibilities of an alleged biological father are permanently terminated only upon the entry of a final order of adoption. A person executing a pre-birth surrender pursuant to this Code section shall have the right to withdraw the surrender within ten days from the date of execution thereof, notwithstanding the date of birth of the child. (C) If a final order of adoption is not entered after the execution of a pre-birth surrender and paternity is established by acknowledgment, by administrative order, or by judicial order, then the alleged biological father shall be responsible for child support or other financial obligations to the child or to the child's mother, or to both. (D) The pre-birth surrender shall not be valid for use by a legal father as defined under paragraph (6) of Code Section 19-8-1 or for any man who has executed either a voluntary acknowledgment of legitimation pursuant to the provisions of paragraph (2) of subsection (g) of Code Section 19-7-22 or a voluntary acknowledgment of paternity pursuant to the provisions of Code Section 19-7-46.1. (E) The pre-birth surrender may be executed at any time after the biological mother executes a sworn statement identifying such person as an alleged biological father of the biological mother's unborn child. (F) The pre-birth surrender shall meet the requirements of subsection (f) of Code Section 19-8-26."
SECTION 3. Said chapter is further amended in Code Section 19-8-5, relating to the surrender rights when the child is to be adopted by a third party, by revising subsection (c) as follows:
"(c) The surrender specified in paragraphs (1) and (2) of subsection (e) of this Code section shall be executed, following the birth of the child, and the pre-birth surrender specified in paragraph (3) of subsection (e) of this Code section shall be executed prior to the birth of the child. Each surrender shall be executed in the presence of a notary. The name and address of each person to whom the child is surrendered may be omitted to protect confidentiality, provided the surrender sets forth the name and address of his agent for purposes of notice of withdrawal as provided for in subsection (d) of this Code section. A copy shall be delivered to the individual signing the surrender at the time of the execution thereof."
SECTION 4. Said chapter is further amended in said Code section by adding a new paragraph to subsection (e) as follows:

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"(3)(A) The biological father who is not the legal father of a child may execute a surrender of his rights to the child prior to the birth of the child for the purpose of an adoption pursuant to this Code section. A pre-birth surrender, when signed under oath by the alleged biological father, shall serve to relinquish the alleged biological father's rights to the child and to waive the alleged biological father's right to notice of any proceeding with respect to the child's adoption, custody, or guardianship. The court in any adoption proceeding shall have jurisdiction to enter a final order of adoption of the child based upon the pre-birth surrender and in other proceedings to determine the child's legal custody or guardianship shall have jurisdiction to enter an order for those purposes. (B) The responsibilities of an alleged biological father are permanently terminated only upon the entry of a final order of adoption. A person executing a pre-birth surrender pursuant to this Code section shall have the right to withdraw the surrender within ten days from the date of execution thereof, notwithstanding the date of birth of the child. (C) If a final order of adoption is not entered after the execution of a pre-birth surrender and paternity is established by acknowledgment, by administrative order, or by judicial order, then the alleged biological father shall be responsible for child support or other financial obligations to the child or to the child's mother, or to both. (D) The pre-birth surrender shall not be valid for use by a legal father as defined under paragraph (6) of Code Section 19-8-1 or for any man who has executed either a voluntary acknowledgment of legitimation pursuant to the provisions of paragraph (2) of subsection (g) of Code Section 19-7-22 or a voluntary acknowledgment of paternity pursuant to the provisions of Code Section 19-7-46.1. (E) The pre-birth surrender may be executed at any time after the biological mother executes a sworn statement identifying such person as an alleged biological father of the biological mother's unborn child. (F) The pre-birth surrender shall meet the requirements of subsection (f) of Code Section 19-8-26."
SECTION 5. Said chapter is further amended in Code Section 19-8-7, relating to the surrender of rights when the child is adopted by a relative, by revising subsection (c) as follows:
"(c) The surrender specified in paragraphs (1) and (2) of subsection (e) of this Code section shall be executed, following the birth of the child, and the pre-birth surrender specified in paragraph (3) of subsection (e) of this Code section shall be executed prior to the birth of the child. Each surrender shall be executed in the presence of a notary. A copy shall be delivered to the individual signing the surrender at the time of the execution thereof."
SECTION 6. Said chapter is further amended in said Code section by adding a new paragraph to subsection (e) as follows:

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"(3)(A) The biological father who is not the legal father of a child may execute a surrender of his rights to the child prior to the birth of the child for the purpose of an adoption pursuant to this Code section. A pre-birth surrender, when signed under oath by the alleged biological father, shall serve to relinquish the alleged biological father's rights to the child and to waive the alleged biological father's right to notice of any proceeding with respect to the child's adoption, custody, or guardianship. The court in any adoption proceeding shall have jurisdiction to enter a final order of adoption of the child based upon the pre-birth surrender and in other proceedings to determine the child's legal custody or guardianship shall have jurisdiction to enter an order for those purposes. (B) The responsibilities of an alleged biological father are permanently terminated only upon the entry of a final order of adoption. A person executing a pre-birth surrender pursuant to this Code section shall have the right to withdraw the surrender within ten days from the date of execution thereof, notwithstanding the date of birth of the child. (C) If a final order of adoption is not entered after the execution of a pre-birth surrender and paternity is established by acknowledgment, by administrative order, or by judicial order, then the alleged biological father shall be responsible for child support or other financial obligations to the child or to the child's mother, or to both. (D) The pre-birth surrender shall not be valid for use by a legal father as defined under paragraph (6) of Code Section 19-8-1 or for any man who has executed either a voluntary acknowledgment of legitimation pursuant to the provisions of paragraph (2) of subsection (g) of Code Section 19-7-22 or a voluntary acknowledgment of paternity pursuant to the provisions of Code Section 19-7-46.1. (E) The pre-birth surrender may be executed at any time after the biological mother executes a sworn statement identifying such person as an alleged biological father of the biological mother's unborn child. (F) The pre-birth surrender shall meet the requirements of subsection (f) of Code Section 19-8-26."
SECTION 7. Said chapter is further amended in Code Section 19-8-9, relating to surrender of parental rights where legal mother puts up child for adoption, by adding a new subsection as follows:
"(c) If a legal mother has voluntarily and in writing surrendered all of her parental rights pursuant to the provisions of subsection (a) of Code Section 19-8-4, 19-8-5, 19-86, or 19-8-7 and has not withdrawn her surrender within the ten-day period after signing as permitted by the provisions of subsection (b) of this Code section, she shall have no right or authority to sign either a voluntary acknowledgment of legitimation pursuant to the provisions of paragraph (2) of subsection (g) of Code Section 19-7-22 or a voluntary acknowledgment of paternity pursuant to the provisions of Code Section 197-46.1 regarding the same child."

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SECTION 8. Said chapter is further amended in Code Section 19-8-12, relating to notice to an alleged biological father, procedure when identity or location of an alleged biological father is unknown, and when rights of the biological father are terminated, by adding a new subsection as follows:
"(h) If the child is legitimated by his or her biological father and in the subsequent adoption proceeding the petition for adoption is either withdrawn with prejudice or denied by the court, then a surrender of parental rights final release for adoption executed by the legal mother pursuant to the provisions of subsection (a) of Code Section 19-8-4, 19-8-5, or 19-8-7 shall be dissolved by operation of law and her parental rights shall be restored to her. The fact that the legal mother executed a surrender of parental rights final release for adoption, now dissolved, shall not be admissible evidence in any proceedings against the legal mother."
SECTION 9. Said chapter is further amended in Code Section 19-8-26, relating to surrender of rights forms, by revising subsection (f) as follows:
"(f) The pre-birth surrender of rights by a biological father who is not the legal father of the child pursuant to paragraph (3) of subsection (e) of Code Section 19-8-4, 19-8-5, or 19-8-7 shall conform substantially to the following form:
'PRE-BIRTH SURRENDER OF RIGHTS FINAL RELEASE FOR ADOPTION
NOTICE TO ALLEGED BIOLOGICAL FATHER This is an important legal document and by signing it you are surrendering any and all of your right, title, and claim to the child identified herein, so as to facilitate the child's placement for adoption. You have the right to wait to execute a Surrender of Rights Final Release for Adoption after the child is born, but by signing this document you are electing to surrender your rights prior to the birth of this child. You are to receive a copy of this document and as explained below have the right to withdraw your pre-birth surrender within ten days from the date you sign it.
______________________ I, the undersigned, understand that I have been named by __________________, the mother of the child expected to be born in ____________(city) _____________(county) ______________(state) on or about the _________day of __________(month), __________(year), as the biological father or possible biological father of her child. I further understand that the mother wishes to place this child for adoption. To the best of my knowledge and belief, the child has not been born as of the date I am signing this pre-birth surrender; however, if in fact the child has been born, this surrender shall have the same effect as if it were a surrender executed following the birth of the child. I understand that by signing this document I am not admitting that I am the biological father of this child, but if I am, I hereby agree that adoption is in this child's best

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interest. I consent to adoption of this child by any person chosen by the child's mother or by any public or private child-placing agency without further notice to me. I expressly waive any other notice or service in any of the legal proceedings for the adoption of the child. I understand that I have the option to wait until after the child is born to execute a surrender of my rights (with a corresponding ten-day right of withdrawal) and, further, that by executing this document I am electing instead to surrender my rights before the child's birth. I further understand that execution of this document does not fully and finally terminate my responsibilities until a final order of adoption is entered. I understand that if the child is not adopted, legal proceedings can be brought to establish paternity, and I may become liable for financial obligations related to the birth and support of this child. Furthermore, I hereby certify that I have received a copy of this document and that I understand that I may only withdraw this pre-birth surrender by giving written notice, delivered in person or by statutory overnight delivery or registered mail, return receipt requested, to _________________________ within ten days from the date hereof; that the ten days shall be counted consecutively beginning with the day immediately following the date hereof; that, however, if the tenth day falls on a Saturday, Sunday, or legal holiday, then the last day on which the surrender may be withdrawn shall be the next day that is not a Saturday, Sunday, or legal holiday; and that it may NOT be withdrawn thereafter. If prior to my signing this pre-birth surrender I have registered on Georgia's putative father registry then if I do not withdraw this surrender within the time permitted, I waive the notice I would be entitled to receive pursuant to the provisions of Code Section 19-8-12 of the Official Code of Georgia Annotated because of my registration on the putative father registry. Furthermore, I hereby certify that I have not been subjected to any duress or undue pressure in the execution of this document and do so freely and voluntarily.
Witness my hand and seal this ______day of ________, ______.
__________________________(SEAL) Alleged biological father _________________ Unofficial Witness Sworn to and subscribed before me on this _____ day of _____, __________. __________________ Notary Public Seal My commission expires: ___________'"

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SECTION 10. This Act shall become effective July 1, 2007, and shall apply to proceedings under this chapter on or after the effective date of this Act.

SECTION 11. All laws and parts of laws in conflict with this Act are repealed.

Representative Sheldon of the 105th moved that the House agree to the Senate substitute to HB 497.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B
Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole
Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier E Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson
Hill, C Y Hill, C.A E Holmes

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord
Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Martin Maxwell
Y May McCall
Y McKillip Y Meadows Y Millar
Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish
Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F
Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner E Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker
Watson Y Wilkinson Y Willard E Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the motion, the ayes were 158, nays 0.

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The motion prevailed.
HR 369. By Representative Barnard of the 166th:
A RESOLUTION authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia; authorizing the conveyance of certain state owned real property located in Charlton County, Georgia; authorizing the conveyance of certain state owned real property located in Chatham County, Georgia; authorizing the conveyance of certain state owned real property located in Coffee County, Georgia; authorizing the conveyance of certain state owned real property located in Columbia County, Georgia; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia; authorizing the conveyance of certain state owned real property located in Charlton County, Georgia; authorizing the conveyance of certain state owned real property located in Chatham County, Georgia; authorizing the conveyance of certain state owned real property located in Coffee County, Georgia; authorizing the conveyance of certain state owned real property located in Columbia County, Georgia; authorizing the conveyance of certain state owned real property located in Forsyth County, Georgia; authorizing the conveyance of certain state owned real property located in Fulton County, Georgia; authorizing the conveyance of certain state owned real property located in Hall County, Georgia; authorizing the conveyance of certain state owned real property located in McDuffie County, Georgia; authorizing the conveyance of certain state owned real property located in Pulaski County, Georgia; authorizing the conveyance of certain state owned real property located in Stephens County, Georgia; authorizing the conveyance of certain state owned real property located in Tattnall County, Georgia; authorizing the conveyance of certain state owned real property located in Treutlen County, Georgia; authorizing the conveyance of certain state owned real property located in Troup County, Georgia; authorizing the conveyance of certain state owned real property located in Wayne County, Georgia; authorizing the conveyance of certain state owned real property located in Whitfield County, Georgia; to repeal conflicting laws; and for other purposes.
WHEREAS: (1) The State of Georgia is the owner of certain tracts of real property located in Baldwin County, Georgia; (2) Said real property are all those tracts or parcels of land lying and being in land lots 265, 266, 281, 282 and 295 of the 1st district of Baldwin County and containing a total of approximately 279.82 acres and is more particularly described as parcel no. 2,

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3, 4 and 5 on a plat of survey entitled "Georgia Department of Juvenile Justice Bill Ireland Youth Development Campus" prepared by Steven A. Coleman, Georgia Registered Land Surveyor #2690, dated March 31, 2006 and revised February 5, 2007 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 tracts are portions of the Bill Ireland Youth Development Campus, now under the custody of the Department of Juvenile Justice; (4) Said tracts are excess to the campus site and beyond any fenced area; (5) The Board of Juvenile Justice intends to declare the above-described property surplus to the needs of the Department of Juvenile Justice; (6) It has been determined that 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 Charlton County, Georgia; (2) Said real property is all that tract or parcel of land in the City of Folkston, lying and being in the 32nd GMD of Charlton County consisting of 0.56 of one acre as more particularly described as tract #3 and highlighted in green on a plat of survey dated January 24, 2007 and prepared by M. Rhett Royal, Georgia Registered Land Surveyor #2156 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 Natural Resources and is a portion of the Okefenokee Education and Research Center site; (4) The Okefenokee Education and Research Center site consists of a total of 3.9 acres and was donated to the State of Georgia in 2002 by the Renfroe-Mills Foundation; (5) The Department of Natural Resources has never used said property in conjunction with operation of the Okefenokee Education and Research Center; (6) The City of Folkston has requested that the above-described be conveyed to the city for use as a public park and has received a grant to operate the property as a park; (7) The Renfroe-Mills Foundation has no objection to the conveyance of the abovedescribed property to the City of Folkston for use as a public park; (8) The Board of Natural Resources by Resolution dated January 24, 2007, recommended conveyance of the above-described property to the City of Folkston to be utilized for public purpose; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Charlton County Georgia;

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(2) Said real property is all that tract or parcel of land in the City of Folkston, lying and being in the 32nd GMD, consisting of approximately 1.34 acres and is more particularly described as tract # 2 and highlighted in green on a plat of survey dated January 24, 2007 prepared by M. Rhett Royal, Georgia Registered Land Surveyor #2156 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 Natural Resources and is a portion of the Okefenokee Education and Research Center site; (4) The Okefenokee Education and Research Center consists of a total of 3.9 acres and was donated to the State of Georgia in 2002 by the Renfroe-Mills Foundation; (5) The Department of Natural Resources has never used said property in conjunction with the operation of the Okefenokee Education and Research Center; (6) Charlton County has requested that the above-described property be conveyed to the county for renovation and use as county government offices; (7) The Renfroe-Mills Foundation has no objection to the above-described property being conveyed to Charlton County for a public purpose; (8) The Board of Natural Resources by Resolution dated January 24, 2007, recommended that the above-described property be conveyed to Charlton County to be utilized for public purpose; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Chatham County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the 8th Georgia Militia District of Chatham County, Georgia and containing approximately 1.619 acres and is more particularly described on a plat of survey March 7, 1997 and prepared by Lamar O. Reddick, Georgia Registered Land Surveyor #1387 and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Technical and Adult Education and has been the location of the Savannah Quick Start program; (4) The Department of Technical and Adult Education has relocated its Savannah Quick Start program to the Savannah Tech Crossroads Building and no longer has a need for the above-described property; (5) It has been determined that 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 Chatham County, Georgia;

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(2) Said real property is all that tract or parcel of land lying and being in Hardee Ward of the City of Savannah, Chatham County, Georgia and containing approximately 7 acres and is more particularly described on a plat of survey dated October 2, 1983 and prepared by Lester Land Surveying and more particularly Paul Howard Lester, Georgia Registered Land Surveyor #1914 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 Corrections and has previously been the location of the Savannah Diversion Center; (4) The Department of Corrections no longer carries on any operations at the abovedescribed location; (5) It has been determined that it would be in the best interest of the State of Georgia that the above-described property be sold by competitive bid; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Coffee County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the City of Douglas and being in land lot 177 of the 6th district of Coffee County, Georgia and containing approximately 0.83 of one acre and is more particularly described on a plat of survey dated September 18, 1984 and prepared by Carlton Evans, Georgia Registered Land Surveyor #1747 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 Labor and physical facilities located thereon were formerly used as the local office of the Department of Labor; (4) The facilities located on the above-described property are no longer adequate for the operation of the Department of Labor; (5) The Department of Labor, by letter from the Commissioner dated December 11, 2006, 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 county are necessary; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Columbia County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Georgia Militia District No. 1285 of Columbia County, Georgia and containing approximately 9.15 acres as shown in green on a plat of survey dated February 24, 2005 and revised

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February 20, 2006 and prepared by John Thomas Attaway, Georgia Registered Land Surveyor #2512, said plat being altered to depict the subject 9.15 acres by Thomas Mann dated February 5, 2007 and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Technical and Adult Education and is to be the location of the Columbia County Center of Augusta Technical College; (4) The above-described 9.15 acre parcel is a portion of a 33.56 acre tract conveyed to the State of Georgia by Columbia County for a consideration of $10.00; (5) It has been determined and Columbia County has requested that the abovedescribed property be conveyed to Columbia County in order for the county to provide adequate access and egress to the above-mentioned Columbia County Center of Augusta Technical College; (6) By letter dated February 5, 2007, the Department of Technical and Adult Education requested that the above 9.15 acre tract be conveyed to Columbia County; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Forsyth County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in land lot 988 of the 3rd district 1st section of Forsyth County, Georgia and containing approximately 0.90 of one acre as shown on a plat of survey dated July 8, 1982 and prepared by William C. Mundy, Georgia Registered Land Surveyor No. 2131 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 formerly used as the Forsyth County Office for the commission; (4) Said property was acquired by Executor's Deed of the Last Will and Testament of Marcus Mashburn Sr. through a Corrective Executor's Deed dated May 2, 1983, and being on file at the offices of the State Properties Commission as Real Property Record No. 007141; (5) The Georgia Forestry Commission has relocated to a more suitable location and by letter dated October 17, 2005, the director of the Georgia Forestry Commission declared the above-described property surplus to the needs of the commission; and
WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Fulton County, Georgia;

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(2) Said real properties are all those tracts or parcels of land lying and being in land lots 82 and 83 of the 14th district of Fulton County, Georgia and containing approximately 4.23 acres as shown on Department of Transportation right of way plans dated January 5, 2005 and being project STP-0000-00(554) sheet 2 of 12 and project CSSTP-0006-001(952) sheets 3 of 12, 4 of 12, 5 of 12, 6 of 12 and 12 of 12 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 Department of Economic Development and leased to the Georgia World Congress Center; (4) The Georgia Department of Transportation intends to widen and improve certain portions of Jones Street, Simpson Street and Alexander Street which adjoin the Georgia World Congress Center; (5) In conjunction with the above-mentioned street projects it will be necessary for the Georgia Department of Transportation to acquire 2.42 acres and to acquire easements to 1.81 acres of the above-described 4.23 acres; (6) The Board of Economic Development by Resolution dated February 15, 2007, and the Georgia World Congress Center Authority by Resolution dated February 13, 2007, approved the conveyance of the above-described to the Georgia Department of Transportation; 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 the City of Gainesville and being in land lot 7 of the 8th district of Hall County, Georgia and containing approximately 1.56 acres and is more particularly described on a plat of survey June 16, 1989 and prepared by J. A. Page, Jr., Georgia Registered Land Surveyor #1894 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 Labor and the physical facilities located thereon were formerly used as the local office of the Department of Labor; (4) The facilities located on the above-described property are no longer adequate for the operation of the Department of Labor; (5) The Department of Labor, by letter from the Commissioner dated December 11, 2006, 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 county are necessary; and

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WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in McDuffie County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the 274th G. M. District of McDuffie County, Georgia and containing approximately .50 of one acre and is more particularly described on a plat of survey entitled "Property Plat for Thomson-McDuffie County Airport" dated November 16, 1976 and prepared by Frank K. Story, Georgia Registered Land Surveyor No. 1754 and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Public Safety and is the location of the department's aircraft hanger at Thomson-McDuffie Regional Airport; (4) Said property was conveyed to the State by McDuffie County and the City of Thomson in 1977 for a consideration of $10.00; (5) McDuffie County and the City of Thomson have agreed to convey an approximately one acre parcel of suitable property, as determined by the State Properties Commission and the Department of Public Safety to be in the best interest of the state, at Thomson-McDuffie County Regional Airport in exchange for the above-described state owned property whereby the Department of Public Safety may construct a new hanger facility; (6) The above-described exchange of properties is recommended by the Department of Public Safety; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Pulaski County, Georgia; (2) Said real property is all those tracts or parcels of land lying and being in land lot NO. 272 in the 12th land district of Pulaski County and containing approximately 5 acres as shown on a plat of survey entitled "National Guard Property Hawkinsville, Pulaski Co. Ga. adapted from plats by T. L. Ellis CE# 628 dated 10/8/54 and 4/1/55 all being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is the former location of the National Guard Armory for Pulaski County; (4) The Department of Defense is consolidating certain of its locations and activities and intends to close the above-described Pulaski County National Guard Armory; (5) Pulaski County provided the above-described property to the State of Georgia in 1966 for a consideration of $10.00; (6) Pulaski County is desirous of acquiring the above-described property for public purposes; and

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WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Stephens County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Stephens County, State of Georgia and within the corporate limits of the City of Toccoa, Georgia and more particularly described as follows: Beginning at a point, the same being the northeast intersection of State Highways Nos. 17 and 13, thence along the north side of right-of-way of State Highway No. 13, north 82 3/4 east 150 feet to an iron pin; thence north 7 1/4 W 76 feet to a stake on the right of way of the Southern Railway Co., thence along said Southern Railway Company right of way S 79-3/4 167 feet to a stake on the East side of the Old right of way of State Highway #17, thence 59 1/2 feet to the beginning corner, according to plat and survey of M. B. Collier, County Surveyor, dated June 1st, 1940 and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property was the former site of the Georgia State Patrol post and barracks for Stephens County; (4) It has been determined that the Department of Public Safety no longer has a need for the above-described property; and
WHEREAS: (1) The State of Georgia is the owner of real property interests in a certain parcel of real property located in Tattnall County, Georgia; (2) Said real property interests are in all that tract or parcel of land lying and being in the 41st G. M. District of Tattnall County, Georgia and more particularly described in a "Use Agreement" and "Deed of Conveyance of Personal Property" as follows: two acres surrounding the 50 feet by 60 feet by 20 feet Airport hanger building on the Southwestern corner of the Reidsville Municipal airport and bounded now or formerly as follows, to wit: On the north by lands of the Reidsville Municipal Airport Authority, on the East by lands of said Authority, on the South by lands of said Authority, and on the West by other lands of said Authority and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is the site of the Department of Public Safety aircraft hanger at Reidsville Municipal Airport; (4) The City of Reidsville and the Reidsville Municipal Airport Authority have agreed to convey to the State of Georgia a new site at Reidsville Municipal Airport upon which the Department of Public Safety may construct a new hanger facility, which will better suit the needs of the department, in exchange for the conveyance of the above-described property in which the state owns certain interests; (8) The above-described exchange of property and property interests is recommended by the Department of Public Safety; and

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WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Treutlen County, Georgia; (2) Said real properties are all those tracts or parcels of land lying and being in Georgia Militia District No. 1386 of Treutlen County, State of Georgia containing approximately 4.03 acres and being more particularly described as lot 4 and lot 5 on a plat of survey entitled "Proposed Acquisition by The State of Georgia Custody in the Department of Corrections" prepared by Olin J. McLeod Georgia Registered Land Surveyor 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 15.82 acre tract acquired in 1991 as an expansion site for the Treutlen Probation Detention Center; (4) The above-described property was acquired from Treutlen County for a consideration of $38,000.00; (5) Treutlen County is desirous of acquiring the above-described 4.03 acre tracts of property for the purpose of constructing a new county jail; (6) The Board of Corrections at its meeting of February 16, 2007, declared the abovedescribed property surplus to the needs of the Department of Corrections; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Troup County, Georgia, Georgia; (2) Said real property is all that tract or parcel of land lying and being in land lot 161 of the 5th district of Troup County, Georgia and containing approximately 4.65 acres as shown on a plat of survey entitled "Gabbettville Road 115/25 KV Substation Property Plat", dated July 11, 2006 and prepared by Albert M Wynn, Georgia Registered Land Surveyor No. 2178, and being on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is a portion of the economic development project site in conjunction with the Kia Automobile Company; (4) Said property is designed to be the location of an electric power substation to be owned and operated by Oglethorpe Power Corporation; (5) Oglethorpe Power Corporation has agreed to convey a 4.65 acre parcel of property owned by the corporation within close proximity to the above-described property in exchange for the above-described property; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Wayne County, Georgia;

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(2) Said real property is all those tracts or parcels of land lying and being in the City of Jesup, Wayne County and containing approximately 5 acres as shown on a plat of survey entitled "National Guard Property Jesup, Wayne County, Georgia, by Percy A. Brannen, Georgia Registered Land Surveyor No. 868, and dated 28 January 1970 all being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is the former location of the National Guard Armory for Wayne County; (4) The Department of Defense is consolidating certain of its locations and activities and intends to close the above-described Wayne County National Guard Armory; (5) The Wayne County Hospital Authority conveyed the property to the State of Georgia in 1962 for a consideration of $10.00; (6) The Wayne County Hospital Authority is desirous of acquiring the abovedescribed property for public purposes; and
WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Whitfield County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in land lot 161 of the 11th district, 3rd section of Whitfield County and containing approximately 1.99 acres as shown on a plat of survey entitled "Boundary Survey for Georgia Forestry Commission State of Georgia" as prepared by Joseph Vance Evans, Georgia Registered Land Surveyor #1105, dated April 18th 1977 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 Georgia Forestry Commission fire tower; (4) The Georgia Forestry Commission no longer has a need for the this tower location; (5) The Georgia Forestry Commission acquired the above-described property through the Forest Service, United States Department of Agriculture who originally acquired the above-described property from Allen D. Crow; (6) The above-described property is completely surrounded by the Crow family farm and the family has requested that they be conveyed the property; and
WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Whitfield County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the City of Tunnel Hill, Whitfield County and containing approximately 3.3 acres and shown as parcels 4 and 7 on Western and Atlantic Railroad valuation map V2/51 and being on file in the offices of the State Properties Commission and may be more particularly

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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 old depot site for the Western and Atlantic Railroad in the City of Tunnel Hill, Whitfield County; (4) By deed of quitclaim and release CSX Transportation released its leasehold interest in the above-described property; (5) The City of Tunnel Hill is desirous of acquiring the above-described property in order to incorporate the property in its railroad museum program.
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 Baldwin County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 2. That the above-described 279.82 acre tracts of real property may be sold by competitive bid by the State of Georgia, acting by and through its State Properties Commission, for a consideration of not less than the fair market value of such properties as determined by the State Properties Commission to be in the best interest of the State of Georgia; provided, however, that all or a portion of the above-described real property may be sold to a city, county, school board, or other local public entity, which shall include development authorities, for not less than the fair market value, as determined to be in the best interest of the State of Georgia by the State Properties Commission, without the necessity of competitive bid, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 3. That the authorization in this resolution to sell the above-described property by competitive bid or to a public entity shall expire five years after the date that this resolution becomes effective.
SECTION 4. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale.
SECTION 5.

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That the deed of conveyance or conveyances shall be recorded by the grantee in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 6. That custody of the above-described property shall remain in the Department of Juvenile Justice until the property is conveyed.
ARTICLE II SECTION 7.
That the State of Georgia is the owner of the above-described Charlton County 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 by the State of Georgia, acting by and through its State Properties Commission, to the City of Folkston for a consideration of $10.00, so long as the property is used for public park, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 9. That the authorization in this resolution to convey the above-described property shall expire three years after the date that this resolution becomes effective.
SECTION 10. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale.
SECTION 11. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Charlton County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 12. That custody of the above-described property shall remain in the Department of Natural Resources until the property is conveyed.
ARTICLE III SECTION 13.

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That the State of Georgia is the owner of the above-described Charlton County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 14. That the above-described real property may be conveyed by appropriate instrument, acting by and through the State Properties Commission, to Charlton County for a consideration of $10.00, so long as the property is used for public purpose, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia
SECTION 15. That the authorization in this resolution to convey the above-described property shall expire three years after the date that this resolution becomes effective.
SECTION 16. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 17. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Charlton County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 18. That custody of the above-described property shall remain in the Department of Natural Resources until the property is conveyed.
ARTICLE IV SECTION 19.
That the State of Georgia is the owner of the above-described Chatham County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 20. That the above-described real property may be sold by competitive bid for a consideration not less than the fair market value, as determined to be in the best interest of the State of Georgia by the State Properties Commission, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

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SECTION 21. That the authorization in this resolution to sell the above-described property shall expire three years after the date that this resolution becomes effective.
SECTION 22. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 23. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 24. That custody of the above-described property shall remain in the Department of Technical and Adult Education until the property is conveyed.
ARTICLE V SECTION 25.
That the State of Georgia is the owner of the above-described Chatham County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 26. That the above-described real property may be sold by competitive bid for a consideration not less than the fair market value, as determined to be in the best interest of the State of Georgia by the State Properties Commission, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 27. That the authorization in this resolution to sell the above-described property shall expire three years after the date that this resolution becomes effective.
SECTION 28. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 29. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 30. That custody of the above-described property shall remain in the Department of Corrections until the property is conveyed.
ARTICLE VI SECTION 31.
That the State of Georgia is the owner of the above-described Coffee County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 32. That the above-described 0.83 of one acre parcel of property may be sold by competitive bid by the State of Georgia, acting by and through its State Properties Commission, for a consideration of not less than the fair market value as determined by the State Properties Commission to be in the best interest of the state; provided, however, that the abovedescribed real property may be sold to a city, county, school board, or other local public entity, which shall include development authorities, for not less than the fair market value, as determined to be in the best interest of the State of Georgia by the State Properties Commission, without the necessity of competitive bid and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 33. 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 disposition to be retained by the Department of Labor and applied by the department to its replacement needs.
SECTION 34. That the authorization in this resolution to sell the above-described real 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 sale.
SECTION 36. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Coffee County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 37. That custody of the above-described property shall remain in the Department of Labor until the property is conveyed.
ARTICLE VII SECTION 38.
That the State of Georgia is the owner of the above-described Columbia County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 39. That the above-described 9.15 acre parcel of property may be conveyed by appropriate instrument to Columbia County for a consideration of $10.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 40. That the authorization in this resolution to convey the above-described real property 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 conveyance.
SECTION 42. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Columbia County 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 Department of Technical and Adult Education until the property is conveyed.
ARTICLE VIII SECTION 44.
That the State of Georgia is the owner of the above-described Forsyth County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

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SECTION 45. That all or a portion of the above-described 0.90 of one acre parcel of property may be sold by competitive bid by the State of Georgia, acting by and through its State Properties Commission, for a consideration of not less than the fair market value as determined by the State Properties Commission to be in the best interest of the state; provided, however, that the above-described real property may be sold to a city, county, school board, or other local public entity, which shall include development authorities, for not less than the fair market value, as determined to be in the best interest of the State of Georgia by the State Properties Commission, without the necessity of competitive bid and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 46. That the authorization in this resolution to sell the above-described real property 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 Forsyth County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 49. That custody of the above-described properties shall remain in the Georgia Forestry Commission until the property is conveyed.
ARTICLE IX SECTION 50.
That the State of Georgia is the owner of the above-described Fulton County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 51. That 2.42 acres of the above-described 4.23 acre parcel of property may be sold by the State of Georgia, acting by and through its State Properties Commission, to the Georgia Department of Transportation for a consideration of not less than the fair market value as determined to be in the best interest of the State of Georgia by the State Properties Commission, and that easements over 1.81 acres of the above-described 4.23 acre parcel of property may be sold by the State of Georgia, acting by and through its State

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Properties Commission, for a consideration of not less than the fair market as determined to be in the best interest of the State of Georgia by the State Properties Commission and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 52. That the authorization in this resolution to sell the above-described real property shall expire three years after the date that this resolution becomes effective.
SECTION 53. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale.
SECTION 54. That the deed or deeds of conveyance and easement or easements shall be recorded by the grantee in the Superior Court of Fulton County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 55. That custody of the above-described properties shall remain in the Georgia World Congress Center until the property is conveyed.
ARTICLE X SECTION 56.
That the State of Georgia is the owner of the above-described Hall County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 57. That the above-described 1.56 acre parcel of property may be sold by competitive bid by the State of Georgia, acting by and through its State Properties Commission, for a consideration of not less than the fair market value as determined by the State Properties Commission to be in the best interest of the state; provided, however, that the abovedescribed real property may be sold to a city, county, school board, or other local public entity, which shall include development authorities, for not less than the fair market value, as determined to be in the best interest of the State of Georgia by the State Properties Commission, without the necessity of competitive bid and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 58. Notwithstanding Code Section 45-12-92 of the O.C.G.A. or any other provision of law,

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the State Properties Commission may permit any cash considerations received from said disposition to be retained by the Department of Labor and applied by the department to its replacement needs.
SECTION 59. 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 60. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 61. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Hall County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 62. That custody of the above-described properties shall remain in the Department of Labor until the property is conveyed.
ARTICLE XI SECTION 63.
That the State of Georgia is the owner of the above-described McDuffie County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 64. That the above-described 0.50 of one acre parcel of property may be conveyed to the City of Thomson or McDuffie County or both in exchange for an approximately 0.50 of one acre parcel of property approved by the Department of Public Safety and the State Properties Commission located at the Thomson-McDuffie Regional Airport owned by McDuffie County or the City of Thomson or both and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 65. 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 66. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

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SECTION 67. That the deed of conveyance shall be recorded by the grantee in the Superior Court of McDuffie County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 68. That custody of the above-described properties shall remain in the Department of Public Safety until the property is conveyed.
ARTICLE XII SECTION 69.
That the State of Georgia is the owner of the above-described Pulaski County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 70. That the above-described real property may be conveyed by appropriate instrument, by the State of Georgia acting by and through its State Properties Commission, to Pulaski County for a consideration of $10.00, so long as the property is used for public purpose, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 71. 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 72. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 73. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Pulaski County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 74. That custody of the above-described property shall remain in the Department of Defense until the property is conveyed.
ARTICLE XIII SECTION 75.

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That the State of Georgia is the owner of the above-described Stephens County real property and that in all matters relating to the conveyance of real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 76. That the above-described real property located in Stephens County may be sold by competitive bid for a consideration of not less than the fair market value of such property as determined to be in the best interest of the State of Georgia by the State Properties Commission; provided, however, that all or a portion of the above-described property may be sold to a city, county, school board, or other local public entity, which shall include development authorities, for not less than the fair market value, as determined to be in the best interest of the State of Georgia by the State Properties Commission, without the necessity of competitive bid, 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 77. 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 78. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 79. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Stephens County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 80. That custody of the property will remain in the Department of Public Safety until the property is conveyed.
ARTICLE XIV SECTION 81.
That the State of Georgia is the owner of the above-described Tattnall County real property interests and that in all matters relating to the conveyance of real property interests the State of Georgia is acting by and through its State Properties Commission.
SECTION 82. That the above-described real property interests located in Tattnall County may conveyed to the City of Reidsville and the Reidsville Municipal Airport Authority in exchange for

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the conveyance of approximately two acres of suitable property, as determined by the State Properties Commission and the Department of Public Safety to be in the best interest of the State of Georgia, located at Reidsville Municipal Airport owned by the City of Reidsville or the Reidsville Municipal Airport Authority or both, 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 83. That the authorization in this resolution to exchange the above-described properties and property interests shall expire three years after the date that this resolution becomes effective.
SECTION 84. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 85. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Tattnall County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 86. That custody of the property will remain in the Department of Public Safety until the property is exchanged.
ARTICLE XV SECTION 87.
That the State of Georgia is the owner of the above-described Treutlen County real property and that in all matters relating to the conveyance of real property interests the State of Georgia is acting by and through its State Properties Commission.
SECTION 88. That the above-described real property located in Treutlen County may conveyed to Treutlen County 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 89. That the authorization in this resolution to convey the above-described properties and property interests shall expire three years after the date that this resolution becomes effective.

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SECTION 90. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 91. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Treutlen County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 92. That custody of the property will remain in the Department of Corrections until the property is conveyed.
ARTICLE XVI SECTION 93.
That the State of Georgia is the owner of the above-described Troup County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 94. That the above-described real property may be conveyed by appropriate instrument to the Oglethorpe Power Corporation by the State of Georgia, acting by and through the State Properties Commission in exchange for that certain parcel of property owned by Oglethorpe Power Corporation as described on a plat of survey entitled "Webb Road 115/12KV Substation Property Plat" dated July 24, 1989 and prepared by Roland McCann, Georgia Registered Land Surveyor No. 1752 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 95. That the authorization in this resolution to convey the above-described property to the Oglethorpe Power Corporation shall expire three years after the date that this resolution becomes effective.
SECTION 96. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 97. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Troup County and a recorded copy shall be forwarded to the State Properties Commission.

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ARTICLE XVII SECTION 98.
That the State of Georgia is the owner of the above-described Wayne County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 99. That the above-described real property may be conveyed by appropriate instrument, by the State of Georgia acting by and through its State Properties Commission, to the Wayne County Hospital Authority for a consideration of $10.00, so long as the property is used for public purpose, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 100. 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 101. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 102. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Wayne County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 103. That custody of the above-described property shall remain in the Department of Defense until the property is conveyed.
ARTICLE XVIII SECTION 104.
That the State of Georgia is the owner of the above-described Whitfield County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 105. That the above-described real property may be conveyed by appropriate instrument to Virginia Crow by the State of Georgia, acting by and through the State Properties Commission for a consideration not less than the fair market value, as determined by the

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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 106. That the authorization in this resolution to convey the above-described property to Virginia Crow shall expire three years after the date that this resolution becomes effective.
SECTION 107. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 108. That the deed of conveyance 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 109. That custody of the above-described property shall remain in the Georgia Forestry Commission until the property is conveyed to Virginia Crow.
ARTICLE XIX SECTION 110.
That the State of Georgia is the owner of the above-described Whitfield County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 111. That the above-described real property may be conveyed by appropriate instrument to the City of Tunnel Hill by the State of Georgia, acting by and through the State Properties Commission for a consideration $10.00, 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 112. That the authorization in this resolution to convey the above-described property to the City of Tunnel Hill shall expire five years after the date that this resolution becomes effective.
SECTION 113. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

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SECTION 114. That the deed of conveyance 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 115. That custody of the above-described property shall remain in the State Properties Commission until the property is conveyed to the City of Tunnel Hill.

ARTICLE XX SECTION 116.

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 369.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B
Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole
Coleman Y Collins Y Cooper Y Cox

Y Dempsey Y Dickson 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 Frazier E Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas

Y Martin Maxwell
Y May McCall
Y McKillip Y Meadows
Millar Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V
Smyre Y Stanley-Turner E Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B
Tumlin Y Walker Y Watson Y Wilkinson
Willard E Williams, A Y Williams, E

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Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Hembree Y Henson Y Hill, C Y Hill, C.A E Holmes

Y Lunsford Y Maddox Y Mangham E Manning
Marin

Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the motion, the ayes were 158, nays 0.

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 148. By Representatives Burkhalter of the 50th and Smith of the 113th:

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 tangible property to or in construction or expansion of an aquarium for a limited period of time; to provide an effective date; to repeal conflicting laws; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 237. By Senator Johnson of the 1st:

A BILL to be entitled an Act to amend Code Section 43-4-11 of the Official Code of Georgia Annotated, relating to the qualifications of applicants for examination or certificate of registration to practice architecture, so as to establish certain minimum training requirements to qualify for certification by the Georgia State Board of Architects and Interior Designers; 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

TUESDAY, APRIL 17, 2007

3361

To amend Article 1 of Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to architects, so as to change certain provisions relating to the adoption of rules, regulations, and standards of conduct by the Georgia State Board of Architects and Interior Designers; to change certain provisions relating to the qualifications of applicants for examination or a certificate of registration; to change certain provisions relating to cease and desist orders issued by the board and civil penalties and judicial review for such orders; 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 4 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to architects, is amended by revising Code Section 43-4-9, relating to the adoption of rules, regulations, and standards of conduct, as follows:
"43-4-9. (a) The board shall adopt all necessary rules, regulations, and standards of conduct, not inconsistent with this chapter and the Constitution and laws of this state and of the United States, to carry out this chapter and to safeguard life, health, and property. (b) The board shall post all current laws, rules, regulations, and standards of conduct relating to the practice of architecture in this state on the board's official website. The board shall also provide on the website notification of recent changes in such laws, rules, regulations, or standards and information pertaining to disciplinary actions taken by the board. Individual notice of changes in such laws, rules, regulations, or standards shall be sent by the board at least once a year to each registered architect and building official. Individual notice may be sent by e-mail or regular mail."
SECTION 2. Said article is further amended by revising subsection (c) of Code Section 43-4-11, relating to the qualifications of applicants for examination or a certificate of registration, as follows:
"(c) The applicant for a certificate of registration who has met the educational and training requirements set forth in paragraph (1), (2), or (3) of subsection (b) of this Code section and who has been registered as an architect by another jurisdiction shall hold a National Council of Architectural Registration Boards certificate and a certificate of registration in such other jurisdiction, both of which shall be current and in good standing in order to meet the requirements of this subsection."
SECTION 3. Said article is further amended by revising Code Section 43-4-18, relating to cease and desist orders, civil penalties, and judicial review, as follows:
"43-4-18.

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(a) Notwithstanding any other provisions of the law to the contrary, upon the board determining that a person is violating the provisions of Code Section 43-4-14, 43-4-16, or 43-4-17, the board may issue a cease and desist order prohibiting such the person from committing further violating such Code section violations and may impose a fine not to exceed $10,000.00 for each violation. In determining the fine amount to be imposed, the board shall consider the severity of the violation. (b) For purposes of this Code section, each day a person is in violation of the provisions of Code Section 43-4-14, 43-4-16, or 43-4-17 shall constitute a separate violation. (c) A determination by the board may pursuant to subsection (a) of this Code section shall be made only after notice to such person is given and a hearing is held. (b) The board shall be authorized to impose a civil fine not to exceed $5,000.00 for each separate violation of a cease and desist order issued under subsection (a) of this Code section upon any person violating such order. For purposes of this subsection, each day a person is in violation of a cease and desist order issued under this Code section shall constitute a separate violation. (c)(d) Initial judicial review of any decision of the board made pursuant to this Code section or any action for enforcement thereof shall be available solely in the superior court of the county of domicile of the board. (d)(e) Nothing in this Code section shall be construed to prohibit the board from seeking remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions of this Code section."

SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, and Section 3 of this Act shall apply to violations committed on or after the effective date of this Act.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James

Y Martin Y Maxwell Y May
McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F

TUESDAY, APRIL 17, 2007

3363

Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier E Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A E Holmes

Y Jamieson Y Jenkins E Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser
Keen Y Keown
Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell
Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts
Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V Y Smyre Y Stanley-Turner E Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard E Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix
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 Keen of the 179th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 282. By Senators Mullis of the 53rd, Smith of the 52nd, Schaefer of the 50th, Thomas of the 54th, Hamrick of the 30th and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, so as to provide for the creation of alternative tourism routes; to provide for the designation of such routes; to provide for the construction and maintenance of welcome centers on such routes; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

3364

JOURNAL OF THE HOUSE

A BILL

To amend Article 2 of Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, so as to provide for the creation of alternative tourism routes; to provide for the designation of such routes; to provide for the construction and maintenance of welcome centers on such routes; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, is amended by adding a new Code section to read as follows:
"32-4-24. (a) The board shall designate as alternative tourism routes roads that are a part of the state highway system that traverse the state and pass through or in close proximity to historic sites or tourist attractions in the state. Interstate highways that traverse the state shall not be eligible for designation as an alternative tourism route. The initial alternative tourism routes shall be U. S. Highway 27 and U. S. Highway 441. (b) The board shall consult with the Department of Economic Development, county governing authorities, and historical sites and tourist attractions located in this state in the selection of additional alternative tourism routes. The Department of Economic Development shall promote such routes and sites and attractions along such routes to the motoring public. (c) Subject to the appropriation process, the department may within five years of the designation of an alternative tourism route construct within 20 miles of the state line on each end of such route a welcome center. Subject to the appropriation process, if the department decides to construct such a center, it shall negotiate and contract with the local governing authorities where the welcome center is located for the maintenance and operation of such center."

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 Abrams Y Amerson Y Ashe

Y Dempsey Y Dickson Y Dollar Y Drenner

Y Holt Horne
Y Houston Y Howard

E Martin Y Maxwell Y May Y McCall

Y Scott, M Y Sellier Y Setzler
Shaw

TUESDAY, APRIL 17, 2007

3365

Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin
Frazier E Freeman
Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin N Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A E Holmes

Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner E Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard E Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix
Yates Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 158, nays 2.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 275. By Senator Bulloch of the 11th:

A BILL to be entitled an Act to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to provide a date certain for rules and regulations of the Commissioner of Agriculture used to establish criminal violations; to repeal conflicting laws; and for other purposes.

The following substitute, offered by Representative Burns of the 157th, was read and adopted:

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JOURNAL OF THE HOUSE

A BILL
To amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to provide a date certain for rules and regulations of the Commissioner of Agriculture used to establish criminal violations; to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change certain provisions relating to rules and regulations of the Board of Natural Resources used to establish game and fish criminal violations; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, is amended by adding a new Code section to read as follows:
"2-2-9.2. For purposes of establishing any criminal violations of the rules and regulations promulgated by the Commissioner as provided in this title, Title 4, Title 10, or Title 26, the term 'rules,' 'regulations,' or 'rules and regulations' shall mean those rules and regulations of the Commissioner in force and effect on January 1, 2007."
SECTION 2. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by revising Code Section 27-1-39, relating to rules and regulations of the Board of Natural Resources used to establish game and fish criminal violations, as follows:
"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 term 'rules and regulations' shall mean those rules and regulations of the Board of Natural Resources in force and effect on January 1, 2006 January 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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.

TUESDAY, APRIL 17, 2007

3367

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas
Chambers Y Channell Y Cheokas
Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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
Frazier E Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton
Hanner E Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A E Holmes

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser
Keen Y Keown Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Lunsford Y Maddox Y Mangham E Manning Y Marin

E Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice N Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner E Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard E Williams, A Y Williams, E
Williams, M Y Williams, R Y Wix
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 Keen of the 179th assumed the chair.

SB 101. By Senators Tolleson of the 20th, Whitehead, Sr. of the 24th, Hooks of the 14th, Meyer von Bremen of the 12th, Hill of the 4th and others:

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JOURNAL OF THE HOUSE

A BILL to be entitled an Act to amend Code Section 41-1-7 of the Official Code of Georgia Annotated, relating to treatment of agricultural facilities and operations and forest land use as not being nuisances under certain conditions, so as to redefine a term; to 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce
Bryant Y Buckner
Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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
Frazier E Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton
Hanner E Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A E Holmes

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser
Keen Y Keown Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis
Lindsey Y Lord
Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

E Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Scott, M Y Sellier Y Setzler
Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner E Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard E Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 160, nays 0.

TUESDAY, APRIL 17, 2007

3369

The Bill, having received the requisite constitutional majority, was passed.

SB 116. By Senators Tolleson of the 20th, Williams of the 19th, Bulloch of the 11th and Hill of the 4th:

A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the State Forestry Commission, so as to change provisions relating to the qualifications of the director of the commission; 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns
Butler Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman N Collins Y Cooper N Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier E Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton
Hanner E Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A E Holmes

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser
Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord
Loudermilk Lucas Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Martin E Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter N Powell Y Pruett Y Ralston Y Randall N Reece Y Reese
Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

E Scott, M Y Sellier Y Setzler Y Shaw N Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner E Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard E Williams, A Y Williams, E Y Williams, M Y Williams, R N Wix Y Yates
Richardson, Speaker

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JOURNAL OF THE HOUSE

On the passage of the Bill, the ayes were 150, nays 6.

The Bill, having received the requisite constitutional majority, was passed.

SB 62.

By Senators Mullis of the 53rd, Whitehead, Sr. of the 24th, Seay of the 34th, Carter of the 13th and Staton of the 18th:

A BILL to be entitled an Act to amend Code Section 35-3-35 of the Official Code of Georgia Annotated, relating to disclosure and dissemination of records by the Georgia Crime Information Center to public agencies and political subdivisions and responsibility and liability of the issuing center, so as to provide certain conditions for requesting criminal history records; to repeal conflicting laws; and for other purposes.

The following amendment was read and adopted:

Representative Neal of the 1st moves to amend SB 62 by striking lines 1 through 5 on page 1 and inserting in lieu thereof the following:

To amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to revise provisions relating to publication of statistics by the center; to remove a prohibition against certain identifying data in such statistics; to provide certain conditions for requesting criminal history records; to permit counties and municipalities to request a state and national criminal history record check after passing an ordinance authorizing such record checks for certain specified professions or occupations; to provide for related matters; to provide an effective date; to repeal conflicting law; and for other purposes.

By striking lines 8 through 11 on page 1 and inserting in lieu thereof the following:

Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, is amended by revising paragraph (9) of subsection (a) of Code Section 35-3-33, relating to powers and duties of the Georgia Crime Information Center, as follows:
"(9) Periodically publish statistics, no less frequently than annually, that do not identify persons, agencies, corporations, or other legal entities and report such information to the Governor, the General Assembly, state and local criminal justice agencies, and the general public. Such information shall accurately reflect the level and nature of crime in the state and the operations in general of the different types of agencies within the criminal justice system;"

SECTION 2.

TUESDAY, APRIL 17, 2007

3371

Said article is further amended by revising paragraph (1) of subsection (a) of Code Section 35-3-35, relating to disclosure and dissemination of records by the Georgia Crime Information Center to public agencies and political subdivisions and responsibility and liability of the issuing center, as follows:
By inserting between lines 7 and 8 on page 2 the following:
SECTION 3. Said article is further is amended by striking "and" at the end of paragraph (1.1) of subsection (a) and adding a new paragraph to subsection (a) of Code Section 35-3-35, relating to the disclosure and dissemination of records to public agencies and political subdivisions, as follows:
"(1.2) Make criminal history records maintained by the center and national criminal history records maintained by the Federal Bureau of Investigation, obtained by the center, available to the governing authority of any county or municipality, for any applicant or licensee in a specified occupation for which such local governing authority has adopted an ordinance or resolution requiring such applicants or licensees in a particular occupation or profession regulated by the governing authority to be fingerprinted as a condition of submitting an application or obtaining or renewing a license. The center shall establish a uniform method of obtaining criminal history records required under this paragraph. Such uniform method shall require the submission to the center of two complete sets of fingerprints and the records search fee. Upon receipt thereof, the center shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its own records and records to which it has access. After receiving the fingerprints and fee, the center shall notify the requesting local government authority in writing of any derogatory finding, including, but not limited to, any criminal record data regarding the fingerprint records check or if there is no such finding. Nothing in this paragraph shall prevent the local governing authority from obtaining national criminal history records directly from the Federal Bureau of Investigation, if an ordinance or resolution requiring the fingerprints of an applicant or licensee of a particular occupation or profession regulated by the local governing authority has been adopted by such governing authority of the county or municipality; and"
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
By redesignating Section 2 as Section 5.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

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JOURNAL OF THE HOUSE

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce
Bryant Y Buckner
Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier E Freeman
Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A E Holmes

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser
Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Martin E Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

E Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner E Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard E Williams, A Y Williams, E Y Williams, M 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.

SB 177. By Senator Chance of the 16th:

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

TUESDAY, APRIL 17, 2007

3373

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:

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce
Bryant Y Buckner
Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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
Frazier E Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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 E Holmes

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser
Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord
Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Martin E Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal
Rynders Sailor Scott, A

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner E Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard E Williams, A Y Williams, E Y Williams, M 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.

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SB 203. By Senators Harp of the 29th, Staton of the 18th, Mullis of the 53rd, Shafer of the 48th, Hamrick of the 30th and others:
A BILL to be entitled an Act to amend Article 14 of Chapter 1 of Title 10, Code Section 16-8-12, and Chapter 1 of Title 46 of the O.C.G.A., relating to secondary metals recyclers, penalties for certain theft crimes, and general provisions for public utilities and public transportation, respectively, so as to provide for increased penalties for certain crimes involving public utility property; to change certain provisions relating to inspection by law enforcement officers; to change provisions relating to actions to recover property; to change provisions relating to penalties for violating Article 14 of Chapter 1 of Title 10; to provide for forfeiture of certain property and procedure therefor; to provide for legislative findings and preemption; to provide for the Governor to appoint certain special officers for purposes of investigating certain thefts of public utility property; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL
To amend Article 14 of Chapter 1 of Title 10 and Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to secondary metals recyclers and penalties for certain theft crimes, respectively, so as to change provisions relating to actions to recover property; to change provisions relating to penalties for violating Article 14 of Chapter 1 of Title 10; to change certain penalties for certain theft crimes; to provide for legislative findings and preemption; 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 14 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to secondary metals recyclers, is amended by revising Code Section 10-1-354, relating to contesting identification or ownership of regulated metal property and action to recover property, as follows:
"10-1-354. (a) If the secondary metals recycler contests the identification or ownership of the regulated metal property, the party other than the secondary metals recycler claiming ownership of any regulated metal property in the possession of a secondary metals recycler may, provided that a timely report of the theft of the regulated metal property was made to the proper authorities, bring an action in the superior or state court of the county in which the secondary metals recycler is located. The petition for such action

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must shall include a description of the means of identification of the regulated metal property utilized by the petitioner to determine ownership of the regulated metal property in the possession of the secondary metals recycler. (b) When a lawful owner recovers stolen regulated metal property from a secondary metals recycler who has complied with the provisions of this article, and the person who sold the regulated metal property to the secondary metals recycler is convicted of theft by taking, theft by conversion, a violation of this article, or theft by receiving stolen property, or criminal damage to property in the first degree, the court shall order the defendant to make full restitution, including, without limitation, attorneys fees, court costs, and other expenses to the secondary metals recycler or lawful owner, as appropriate. (c) When a lawful owner recovers stolen regulated metal property from a secondary metals recycler who has knowingly and intentionally not complied with the provisions of this article, and the secondary metals recycler is convicted of theft by taking, theft by conversion, theft by receiving stolen property, or a violation of this article, the court shall order the defendant to make full restitution, including, without limitation, attorneys fees, court costs, and other expenses to the lawful owner."
SECTION 2. Said article is further amended by revising Code Section 10-1-357, relating to penalties for violations of the article, as follows:
"10-1-357. (a) Any person selling regulated metal property to a secondary metals recycler in violation of any provision of this article shall be guilty of a misdemeanor unless the transaction or transactions in violation of this article are unless the value of the regulated metals property, in its original and undamaged condition, in addition to any costs which are, or would be, incurred in repairing or in the attempt to recover any property damaged in the theft or removal of such regulated metal property, is in an aggregate amount which exceeds $500.00, in which case such person shall be guilty of a felony and, upon conviction, 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. (b) Any secondary metals recycler knowingly and intentionally engaging in any practice which constitutes a violation of this article shall be guilty of a misdemeanor, provided that if a secondary metals recycler knowingly and intentionally engages in a pattern of practices which constitute violations of this article and the transactions included in this pattern are unless the value of the regulated metals property, in its original and undamaged condition, in addition to any costs which are, or would be, incurred in repairing or in the attempt to recover any property damaged in the theft or removal of such regulated metal property, is in an aggregate amount which exceeds $500.00, such secondary metals recycler shall be guilty of a felony and, upon conviction, 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."

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SECTION 3. Said article is further amended by adding a new Code section to read as follows:
"10-1-358. The General Assembly finds that this article is a matter of state-wide concern. This article supersedes and preempts all rules, regulations, codes, ordinances, and other laws adopted by any county, municipality, consolidated government, or other local governmental agency regarding the sale or purchase of regulated metal property."
SECTION 4. Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to penalties for violation of Code Sections 16-8-2 through 16-8-9, is revised in subsection (a) by striking "or" at the end of paragraph (7), by replacing the period with "; or" at the end of paragraph (8), and by adding a new paragraph to read as follows:
"(9) Notwithstanding the provisions of paragraph (1) of this subsection, if the property of the theft was ferrous metals or regulated metal property, as such terms are defined in Code Section 10-1-350, and the aggregate amount of such property, in its original and undamaged condition, exceeds $500.00, by imprisonment for not less than one nor more than five years, a fine of not more than $5,000.00, or both."
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Bearden of the 68th moves to amend the House Committee on Judiciary, Non-civil substitute to SB 203 by inserting after "so as" on line 3 of page 1 the following: to change a definition;
By striking line 10 of page 1 and inserting in lieu thereof the following:
secondary metals recyclers, is amended by revising paragraph (3) of Code Section 10-1350, relating to definitions, as follows:
"(3) 'Nonferrous metals' means stainless steel beer kegs and metals not containing significant quantities of iron or steel, including, without limitation, copper, brass, aluminum, bronze, lead, zinc, nickel, and alloys thereof."
SECTION 1.1. Said article is further amended by revising Code Section 10-1-354, relating to
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

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On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce
Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier E Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A E Holmes

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser
Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Martin E Maxwell Y May Y McCall Y McKillip Y Meadows
Millar Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner E Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard E Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 163, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

SB 220. By Senator Bulloch of the 11th:

A BILL to be entitled an Act to revise certain provisions relative to warehouses regulated by the Department of Agriculture; to amend Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to

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warehousemen, so as to change certain provisions relating to agricultural warehouse receipt requirements, obtaining printed forms, and use of electronic receipts; to 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce
Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier E Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon E Graves Y Greene Y Hamilton Y Hanner E Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C
Hill, C.A E Holmes

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson
Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser
Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Martin E Maxwell Y May Y McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts
Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield
Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner E Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard E Williams, A Y Williams, E Y Williams, M 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.

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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.

SB 49.

By Senators Thomas of the 2nd, Harp of the 29th, Johnson of the 1st and Hudgens of the 47th:

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.

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 Abrams Y Amerson
Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas
Chambers Y Channell Y Cheokas

Y Dempsey Y Dickson 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 Frazier E Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon E Graves Y Greene Y Hamilton

Y Holt Y Horne Y Houston
Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James
Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R

Y Martin E Maxwell Y May Y McCall Y McKillip Y Meadows
Millar E Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett

Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner E Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin

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Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Hanner E Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C
Hill, C.A E Holmes

Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Walker Y Watson Y Wilkinson Y Willard E Williams, A Y Williams, E Y Williams, M 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.

By unanimous consent, SB 149 was postponed until the next legislative day.

By unanimous consent, the following Bills of the Senate were taken up for consideration and read the third time:

SB 31. By Senator Thomas of the 2nd:

A BILL to be entitled an Act to amend an Act incorporating the City of Port Wentworth, approved February 6, 1957 (Ga. L. 1957, p. 2003), as amended, so as to reconstitute the governing authority of the city; to provide for council districts; to provide for definitions and inclusions; to provide for continuation in office of the mayor and current council members; to change the provisions relating to the regular expiration of terms of office of certain council 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 provide for an advisory referendum election to be held in the City of Port Wentworth for the purpose of determining whether the members of the city council should be elected by district; to determine whether the electors approve the shortening of terms of elected councilmembers; to provide for a declaration of public purpose; to provide for the submission of this Act to the United States Department of Justice for preclearance; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Port Wentworth shall call and conduct an election as provided in this section for the purpose of submitting an advisory question to the voters of the City of Port Wentworth. The election superintendent shall conduct that election on the Tuesday next following the first Monday in November, 2007, 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 the City of Port Wentworth. The ballot shall have written or printed thereon the words:
"( ) YES Are you in favor of the election of members of the city council of the City of Port Wentworth by district instead of the present at-large method
( ) NO of election with the first such election taking place at the municipal election in 2009, and to cut short the terms of those members elected at the municipal election held in 2007?"
All persons desiring to vote for election of the members of the city council by district shall vote "Yes," and those persons desiring to vote for retaining the present at-large method of election of the members of the city council shall vote "No." The expense of such election shall be borne by the City of Port Wentworth. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 2. It is found, determined, and declared that the holding of the advisory referendum election provided for in this Act is in all respects for the benefit of the people of the City of Port Wentworth and is for a public purpose and is an essential governmental function for which public funds may be expended.
SECTION 3. The governing authority of the City of Port Wentworth 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 4. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

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SB 46. By Senators Golden of the 8th and Goggans of the 7th:
A BILL to be entitled an Act to amend an Act providing for election of the members of the board of education of Cook County, approved March 28, 1986 (Ga. L. 1986, p. 5499), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5615), so as to change the provision relating to the compensation of the members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 90. By Senator Douglas of the 17th:
A BILL to be entitled an Act to repeal an Act creating the City of Hampton Public Facilities Authority, approved May 30, 2003 (Ga. L. 2003, p. 3848); to provide that any outstanding debt, contracts, or assets held by the City of Hampton Public Facilities Authority shall be assumed by the local governing authority of Henry 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.
SB 107. By Senators Tarver of the 22nd and Powell of the 23rd:
A BILL to be entitled an Act to amend an Act creating the City Court of Richmond County, now the State Court of Richmond County, approved September 22, 1881 (Ga. L. 1880-81, p. 574), as amended, so as to change the second division's jurisdiction to make the second division judge coequal with those judges of Division 1; to remove references to associate judge; to create a third division of the State Court of Richmond County; to provide for the judge of the third division and their qualifications, selection, duties, responsibilities, and compensation; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 158. By Senators Balfour of the 9th, Weber of the 40th, Butler of the 55th, Shafer of the 48th, Henson of the 41st and others:
A BILL to be entitled an Act to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers,

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approved February 12, 1960 (Ga. L. 1960, p. 110), as amended, particularly by an Act approved May 10, 2005 (Ga. L. 2005, p. 4142), so as to change provisions relating to the salary supplements for the judges of the Gwinnett Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, approved February 12, 1960 (Ga. L. 1960, p. 110), as amended, particularly by an Act approved May 10, 2005 (Ga. L. 2005, p. 4142), so as to change provisions relating to the salary supplements for the judges of the Gwinnett Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, approved February 12, 1960 (Ga. L. 1960, p. 110), as amended, particularly by an Act approved May 10, 2005 (Ga. L. 2005, p. 4142), is amended by striking Section 2A and inserting in lieu thereof the following:
"SECTION 2A. The compensation and allowances of the judges of the Superior Court of the Gwinnett Judicial Circuit shall be as provided by law and in addition thereto the salary of each judge shall be supplemented in the amount of $48,211.00 annually from the funds of Gwinnett County. Such supplement shall be paid in equal monthly installments. In addition to such supplement, the governing authority of Gwinnett County is authorized to pay the superior court judges of the Gwinnett Judicial Circuit such amount as shall be fixed by the governing authority."
SECTION 2. This Act shall become effective on July 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.

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SB 227. By Senator Schaefer of the 50th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Clarkesville in the County of Habersham, approved April 9, 1981 (Ga. L. 1981, p. 4502), as amended, so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 231. By Senators Thompson of the 5th and Shafer of the 48th:
A BILL to be entitled an Act to authorize the City of Norcross 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.
SB 242. By Senator Mullis of the 53rd:
A BILL to be entitled an Act to provide a homestead exemption from Chattooga County ad valorem taxes for county purposes in percentages of the assessed value of the homestead based upon income for certain residents of that county who have annual incomes not exceeding $20,000.00 and who are 70 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 244. 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.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 247. By Senators Wiles of the 37th, Thompson of the 33rd, Rogers of the 21st, Stoner of the 6th and Hill of the 32nd:
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 1, 2006 (Ga. L. 2006, p. 3984), 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.
SB 248. By Senators Wiles of the 37th, Thompson of the 33rd, Rogers of the 21st, Stoner of the 6th and Hill of the 32nd:
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, 2006 (Ga. L. 2006, p. 4276), 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.
SB 261. By Senator Johnson of the 1st:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Tybee Island, approved April 20, 1995 (Ga. L. 1995, p. 4462), so as to provide council terms and qualifications for office; to provide for continuation in office of the mayor and councilmembers and commencing of terms; to provide for a referendum; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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SB 269. By Senator Chapman of the 3rd:
A BILL to be entitled an Act to amend an Act providing for a new charter for the City of St. Marys, Georgia, approved April 9, 1981 (Ga. L. 1981, p. 4763), as amended, so as to provide for certain declarations upon the vacancy of any elected office; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 308. By Senators Henson of the 41st, Butler of the 55th, Adelman of the 42nd and Jones of the 10th:
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), and an Act approved March 28, 1990 (Ga. L. 1990, p. 4540), so as to change the compensation of the members of the board of education; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
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), and an Act approved March 28, 1990 (Ga. L. 1990, p. 4540), 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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), and an Act approved March 28, 1990 (Ga. L. 1990, p. 4540), is amended by revising Section 9 in its entirety as follows:
"SECTION 9.

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(a) The chairperson and each member of the Board of Education of DeKalb County shall be paid $18,000.00 per year, at the rate of $1,500.00 per month, as compensation for services rendered and for attendance at all regular and special meetings of the board. (b) In addition to the salary provided in subsection (a) of this section, the chairperson and each member of the Board of Education of DeKalb County shall receive an expense allowance of $450.00 per month."
SECTION 2. This Act shall become effective on July 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.
SB 309. By Senator Powell of the 23rd:
A BILL to be entitled an Act to amend an Act creating the State Court of Jefferson County, formerly the City Court of Louisville, approved August 19, 1911 (Ga. L. 1911, p. 277), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4187), and an Act approved April 2, 1998 (Ga. L. 1998, p. 4189), so as to change provisions relating to compensation of the judge and solicitor-general of the 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.
SB 310. By Senator Powell of the 23rd:
A BILL to be entitled an Act to amend an Act placing the sheriff of Jefferson County upon an annual salary, approved March 10, 1965 (Ga. L. 1965, p. 2226), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 3642), 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.

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SB 311. By Senator Powell of the 23rd:
A BILL to be entitled an Act to amend an Act placing the Sheriff of Burke County upon an annual salary, approved February 28, 1966 (Ga. Laws 1966, p. 2127), as amended by an Act approved April 4, 1968 (Ga. Laws 1968, p. 2979), an Act approved March 4, 1969 (Ga. Laws 1969, p. 2167), an Act approved March 30, 1971 (Ga. Laws 1971, p. 2458), an Act approved April 13, 1973 (Ga. Laws 1973, p. 2633), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 3677), so as to change the compensation of the sheriff; 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 placing the Sheriff of Burke County upon an annual salary, approved February 28, 1966 (Ga. Laws 1966, p. 2127), as amended by an Act approved April 4, 1968 (Ga. Laws 1968, p. 2979), an Act approved March 4, 1969 (Ga. Laws 1969, p. 2167), an Act approved March 30, 1971 (Ga. Laws 1971, p. 2458), an Act approved April 13, 1973 (Ga. Laws 1973, p. 2633), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 3677), so as to change the compensation of the sheriff; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act placing the Sheriff of Burke County upon an annual salary, approved February 28, 1966 (Ga. Laws 1966, p. 2127), as amended by an Act approved April 4, 1968 (Ga. Laws 1968, p. 2979), an Act approved March 4, 1969 (Ga. Laws 1969, p. 2167), an Act approved March 30, 1971 (Ga. Laws 1971, p. 2458), an Act approved April 13, 1973 (Ga. Laws 1973, p. 2633), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 3677), is amended by adding a new paragraph (5) to subsection (a) of Section 2 to read as follows:
"(5) Beginning on October 1, 2007, the sheriff's salary will be increased by $10,000.00 over the amounts specified by paragraphs (3) and (4) of this subsection."
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.

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SB 312. By Senators Shafer of the 48th, Hill of the 32nd and Reed of the 35th:
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.
SB 316. By Senator Douglas of the 17th:
A BILL to be entitled an Act to provide for a homestead exemption from Newton County ad valorem taxes for school district maintenance and operations purposes in the amount of $30,000.00 of the assessed value of the homestead for residents of that county who are 65 years of age or over and whose annual adjusted gross income does not exceed $25,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for 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 317. By Senator Whitehead, Sr. of the 24th:
A BILL to be entitled an Act to authorize Columbia County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
By unanimous consent, the following roll call vote was made applicable to the previously read Bills.
On the passage of the Bills, the roll call was ordered and the vote was as follows:

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Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague
Benfield Y Benton
Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter
Burns Butler Y Byrd Y Carter, A Y Carter, B Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Cooper Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

E Dempsey Y Dickson
Dollar 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 Frazier E Freeman Y Gardner Y Geisinger Y Glanton Golick Y Gordon E Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A E Holmes

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James
Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight
Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord
Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Martin E Maxwell Y May Y McCall Y McKillip Y Meadows
Millar E Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy
Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston
Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon
Shipp Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner E Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard E Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker

On the passage of the Bills, the ayes were 147, nays 0.

The Bills, having received the requisite constitutional majority, were passed.

SB 126. By Senator Bulloch of the 11th:

A BILL to be entitled an Act to create the Decatur County School Building Authority and to authorize such authority to provide, acquire, construct, equip, maintain, and operate public service facilities, to acquire the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real and personal property; to confer powers and to impose duties on the authority; to provide for the membership and for the appointment of members of the authority and their term of tenure and

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compensation; to provide that bonds or obligations be validated as authorized by Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, the "Revenue Bond Law"; to provide for construction; to 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 147. By Senators Shafer of the 48th, Balfour of the 9th, Thompson of the 5th and Weber of the 40th:
A BILL to be entitled an Act to create the Gwinnett County Storm-water Authority; to authorize the storm-water authority to acquire, construct, add to, extend, improve, operate, and maintain storm-water management systems and facilities, and any and all other related facilities; to confer powers and to impose duties on the storm-water authority; to provide for the members of the storm-water authority and their term of tenure and compensation; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds or obligations be validated as authorized by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law;" to provide for liberal construction; to provide for severability; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To create the Gwinnett County Storm-water Authority; to authorize the storm-water authority to acquire, construct, add to, extend, improve, operate, and maintain stormwater management systems and facilities, and any and all other related facilities; to confer powers and to impose duties on the storm-water authority; to provide for the members of the storm-water authority and their term of tenure and compensation; to authorize the storm-water authority to contract with others pertaining to the use of the systems and facilities of the storm-water authority and to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds or obligations of the storm-water authority, payable from the revenues, tolls, fees, charges, and earnings of the storm-water authority and to pay the cost of such undertakings or projects and to authorize the collection and pledging of the revenues and earnings of the storm-water authority for the payment of such bonds or obligations and to authorize the execution of resolutions and trust indentures to secure the payment thereof and to define the rights of the holders of such bonds or obligations; to provide that no debt of Gwinnett County or any municipality in Gwinnett County shall be incurred in the exercise of any of the powers granted by this

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Act; to make the bonds or obligations of the storm-water authority exempt from taxation; to authorize the issuance of refunding bonds or obligations; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds or obligations be validated as authorized by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law;" to provide for liberal construction; to provide for severability; 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 "Gwinnett County Storm-water Authority Act."
SECTION 2. Gwinnett County Storm-water Authority.
(a) There is created a body corporate and politic to be known as the Gwinnett County Storm-water Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style, and title and such body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity, except that the storm-water authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed by any of the officers, agents, or employees of the storm-water authority. The storm-water authority shall make rules and regulations for its own government. It shall have perpetual existence. The storm-water authority is granted the same exemptions and exclusions from taxes as are now granted to cities and counties for the operation by the storm-water authority as provided under the provisions of this Act. (b) The storm-water authority shall consist of seven members who shall be resident freeholders of Gwinnett County and who shall either have scientific training or have demonstrated experience with storm-water issues. Five of the members of the stormwater authority, members 1 through 5, inclusive, shall be selected at large and appointed by the Board of Commissioners of Gwinnett County. The Board of Commissioners of Gwinnett County, by a majority vote and for cause, may remove any of members 1 through 5, inclusive, before the expiration of that member's term. Two members of the storm-water authority, members 6 and 7, shall be nominated by the majority vote of a committee composed of the mayor of each incorporated municipality that has agreed for Gwinnett County to provide storm-water services within its boundaries and shall be appointed to the storm-water authority by the Board of Commissioners of Gwinnett County. The initial terms of office of members 1, 3, 5, and 7 shall be from their date of appointment until December 31, 2009, and until their respective successors are selected and qualified. The initial terms of office of members 2, 4, and 6 shall be from their date

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of appointment until December 31, 2008, and until their respective successors are selected and qualified. (c) Thereafter, all members selected and appointed shall serve for a term of four years and until their successors shall have been selected and appointed. Immediately after such appointments, the members of such storm-water authority shall enter upon their duties. Any vacancy on the storm-water authority shall be filled in the same manner as was the original appointment of the member whose termination of membership resulted in such vacancy and the person so selected and appointed shall serve for the remainder of the unexpired term. The storm-water authority shall elect one of its members as chairperson and another of its members as vice chairperson and it may also elect a secretary and treasurer, who do not necessarily have to be members of the storm-water authority and, if not members, they shall have no voting rights. Four of seven members of the stormwater authority shall constitute a quorum. No vacancy on the storm-water authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the storm-water authority. The members of the storm-water authority may be compensated as determined by the governing body of Gwinnett County; however, it is expressly provided that they shall be reimbursed for all actual expenses incurred in the performance of their duties. (d) The storm-water authority shall conduct or cause to be conducted an annual audit of the financial affairs, books, and records of the storm-water authority. (e) The storm-water authority shall be subject to all of the provisions of Chapters 14 and 18 of Title 50 of the O.C.G.A., the open meetings and open records laws of the State of Georgia. (f) Each member of the storm-water authority shall, not later than March 31 of each year, submit to the Board of Commissioners of Gwinnett County a financial disclosure identical to that required of public officers by Code Section 21-5-50 of the O.C.G.A., as now or hereafter amended.
SECTION 3. Definitions.
As used in this Act, the terms: (1) "Cost of the project" shall embrace the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges and interest prior to and during construction and for one year after completion of construction; cost of engineering, architectural, fiscal, 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 by this Act; the construction of any project; and the placing of the same 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.

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(2) "Project" means and includes the acquisition, engineering, construction, equipping, maintenance, operation, repair, and replacement of storm-water management systems and facilities useful and necessary for the collecting of storm water, and the treatment and release of storm water of any and every type, and additions and improvements to and extensions of such facilities so as to assure an adequate storm-water system. (3) "Revenue bonds," "bonds," or "obligations" as used in this Act shall 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 storm-water authority as authorized under the "Revenue Bond Law" and any amendments thereto and, in addition, shall also mean obligations of the storm-water authority the issuance of which are specifically provided for in this Act. (4) "Storm-water authority" means the Gwinnett County Storm-water Authority created in Section 2 of this Act. (5) "Storm-water management systems and facilities" or "Gwinnett County's Municipal Separate Storm Sewer System" shall mean those natural and manmade channels, swales, ditches, rivers, streams, creeks, branches, reservoirs, ponds, drainageways, inlets, catch basins, pipes, headwalls, storm drains, curbs and gutters, lakes and other physical works, properties, and improvements which transfer, control, convey, or otherwise influence either the movement of storm-water runoff or water quality, which are either owned by the county or over which the county has accepted an offer of dedication of an easement or other legally binding permanent right of use for storm-water drainage and for which the county has the obligation of maintenance for storm-water drainage purposes.
SECTION 4. Powers.
The storm-water authority may have the following powers: (1) To have a seal and alter the same its pleasure; (2) To acquire by purchase, lease, gift, or otherwise, and to hold, maintain, lease, operate, 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 rights or easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or to dispose of the same in any manner it deems to be to the best advantage of the storm-water authority, 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 is deposited in trust to pay and redeem the fair value of such lien or encumbrance; and, if the storm-water authority shall deem it expedient to construct any project on any lands the title to which shall then be in Gwinnett County or in any municipality incorporated in Gwinnett County, the governing authority or body of Gwinnett County or of any of such municipalities, if

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the governing authority of Gwinnett County or of any of such municipalities consents thereto, is authorized to convey title to such lands to the storm-water authority upon payment for the credit of the general funds of Gwinnett County or such municipalities the reasonable value of such lands. Notwithstanding anything to the contrary contained in this Act, the storm-water authority shall have the right, easement, and franchise for storm-water management systems and facilities within the rights of way of streets, roads, and highways in Gwinnett County or within the rights of way of streets, roads, and highways in the corporate limits of any municipality incorporated in Gwinnett County, without cost except that the storm-water authority shall repair all damage done by the storm-water authority by reason thereof; (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their respective compensations; (5) To make and execute contracts, leases, and instruments that shall be necessary or convenient, including contracts for acquisition and construction of projects and leases of projects or contracts with respect to the use of projects that it causes to be constructed or acquired; and 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 storm-water authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the above, authority is specifically granted to municipal corporations, counties, and other political subdivisions and to the storm-water authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of services and facilities by the storm-water authority to such municipal corporations, counties, and political subdivisions for a term not exceeding 50 years; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage and maintain 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 or other funds of the storm-water authority or from such proceeds or other funds and any grant from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof or from any entity created pursuant to the Georgia Nonprofit Corporation Code, Chapter 3 of Title 14 of the O.C.G.A., or recognized as a non-profit entity in accordance with applicable provisions of the Internal Revenue Code; (7) 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 impose; (8) 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 impose;

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(9) To borrow money for any of its corporate purposes and to execute notes or other evidences of such indebtedness and to secure the same; (10) To issue negotiable revenue bonds payable solely from funds pledged for the purpose, and to provide for the payment of the same and for the rights of the holders thereof; (11) To exercise any power usually possessed by private corporations performing similar functions, including the power to incur short-term debt and to approve, execute, and deliver appropriate evidence of any such indebtedness, provided that such power is not in conflict with the Constitution and laws of this state; (12) To issue revenue bonds or obligations pursuant to and in conformity with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law;" and (13) To do all things necessary or convenient to carry out the power expressly given in this Act.
SECTION 5. Revenue bonds; form; denomination; registration; place of payment.
The storm-water authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, 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 storm-water authority may determine and provision may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest.
SECTION 6. Revenue bonds; signatures; seal.
All such bonds shall bear the manual or facsimile signature of the chairperson of the storm-water authority, attested by the manual or facsimile signature of the secretary of the storm-water authority, and the official seal of the storm-water authority or a facsimile thereof shall be affixed thereto and any coupons attached thereto shall bear the facsimile signatures of the chairperson and secretary of the storm-water authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed, and attested on behalf of the storm-water authority by such person 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 persons may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any bonds or whose signature shall appear on any coupon shall cease to be such officer before delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he or she had remained in office until such delivery.

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SECTION 7. 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 laws of this state. Such bonds are declared to be issued for an essential public and governmental purpose and such bonds and the income thereof shall be exempt from all taxation within the state.
SECTION 8. Revenue bonds; sale; proceeds.
The storm-water authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the storm-water authority, and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds.
SECTION 9. Revenue bonds; interim receipts and certificates or temporary bonds.
Prior to the preparation of definitive bonds, the storm-water 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 10. Revenue bonds; replacement of lost or mutilated bonds.
The storm-water authority may also provide for the replacement of any bond or any coupons that shall become mutilated or be destroyed or lost.
SECTION 11. Revenue bonds; conditions precedent to issuance.
Such revenue bonds shall be issued as required by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law." Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon passage; and any such resolution may be passed at any regular or special or adjourned meeting of the storm-water authority by a majority of its members.
SECTION 12. Credit not pledged.
Revenue bonds issued under the provisions of this Act shall not constitute a debt of Gwinnett County or any municipality in Gwinnett County, nor a pledge of the faith and

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credit of Gwinnett County or any such municipality, but such bonds shall be payable solely from the fund provided for in this Act and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate Gwinnett County or any such municipality 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 section.
SECTION 13. Trust indenture as security.
In the discretion of the storm-water authority, any issue of such revenue bonds may be secured by a trust indenture by and between the storm-water authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside of the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the storm-water authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the storm-water authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insurance 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 storm-water authority, 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 storm-water 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 storm-water authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture.
SECTION 14. To whom proceeds of bonds shall be paid.
The storm-water authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, 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 that shall act as trustee of such funds and shall hold and apply the same to the purposes provided for in

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this Act, subject to such regulations as this Act and such resolution or trust indenture may provide.
SECTION 15. 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 storm-water authority to the payment of the principal and interest on revenue bonds of the storm-water authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which pledge may include 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 sinking fund shall be pledged to and charged with the payment of:
(1) The interest on revenue bonds as such interest shall fall due; (2) The principal of the bonds as the same shall fall due; (3) Any premium upon bonds acquired by redemption, payment, or otherwise; (4) The necessary charges of the paying agent or agents for paying principal and interest; 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 another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in 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 be reissued, printed, or delivered.
SECTION 16. 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 by 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 the State of Georgia or granted by 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 storm-water authority, or

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any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, fines, and other charges for the use of the facilities and services furnished.
SECTION 17. Refunding bonds.
The storm-water authority is authorized to provide by resolution for the issuance of bonds of the storm-water 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 premium, if any. 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 storm-water authority with respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.
SECTION 18. Venue and jurisdiction.
Any action to protect or enforce any rights under the provisions of this Act or any suit or action against the storm-water authority shall be brought in the Superior Court of Gwinnett 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 19. Validation.
Bonds of the storm-water authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., 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 that has contracted with the storm-water 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, why such contractor contracts and the terms and conditions thereof shall not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as a part of the basis of the security for the payment of any such bonds of the storm-water authority. The bonds, when validated, and the judgment of 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, the state and any municipality, county, authority, political subdivision, or instrumentality thereof, if a party to the validation proceedings, contracting with the Gwinnett County Storm-water Authority.

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SECTION 20. Interest of bondholders protected.
(a) While any of the bonds issued by the storm-water authority remain outstanding, the powers, duties, or existence of the storm-water authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency, or authority will be created that will compete with the storm-water 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 storm-water authority. (b) The provisions of this Act shall be for the benefit of the storm-water authority and the holders of any such bonds and, upon the issuance of bonds under the provisions of this Act, shall constitute a contract with the holders of such bonds.
SECTION 21. 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 revenues, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
SECTION 22. Tort immunity.
To the extent permitted by law, the storm-water authority shall have the same immunity and exemption from liability for torts and negligence as Gwinnett County, and the officers, agents, and employees of the storm-water authority when in the performance of the work of the storm-water authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of Gwinnett County when in performance of their public duties or work of the county.
SECTION 23. Tax exempt status of storm-water authority.
The properties of the storm-water authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the state and not for purposes of private or corporate benefit and income, and such properties and the stormwater authority shall be exempt from all taxes and special assessment of any city, county, or the state or any political subdivision thereof.
SECTION 24. Billing and collection.

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The storm-water authority shall include the rates, fees, tolls, and charges for the services, facilities, or commodities furnished by the authority on the general tax bill issued by the county. Said rates, fees, tolls, and charges levied to pay the cost of such storm-water services, facilities, and commodities shall be collected by the Gwinnett County Tax Commissioner in the same manner as taxes are collected. The storm-water authority shall have no authority to set rates, fees, tolls, or charges and any rate, fee, toll, or charge levied shall first be approved by the Board of Commissioners of Gwinnett County.
SECTION 25. 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 and 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 does not in any way take from Gwinnett County or any municipality located therein or any adjoining county the authority to own, operate, and maintain a storm-water sewerage system 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 26. Liberal construction of Act.
This Act being for the welfare of various political subdivisions of the State of Georgia and their inhabitants shall be liberally construed to effect the purposes hereof.
SECTION 27. 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 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 28. Repealer.
All laws and parts of laws in conflict with this Act are repealed.

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The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
SB 186. By Senator Goggans of the 7th:
A BILL to be entitled an Act to create the City of Homerville 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 following Committee substitute was read and adopted:
A BILL
To create the City of Homerville 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 provide for revenue bonds and other obligations of the authority and to provide for their form, signatures thereon, negotiability, sale, and use of proceeds; to provide for interim and replacement documents; to provide for condition for issuance and authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds; to authorize the execution of resolutions and trust indentures to secure the payment thereof and to define the rights of the holders of such obligations; to provide for sinking fund and trust funds; to provide for rates, charges, and revenues; to provide that no debt of the City of Homerville shall be incurred in the exercise of any of the powers granted by this Act; to provide for tax exemption; to authorize the authority to condemn property of every

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kind; to authorize the issuance of funding and refunding bonds; to provide for venue and jurisdiction; to provide for rules and regulations; to provide for immunity from liability; to provide for statutory construction and the effect on other governments and authorities; to provide for the validation of bonds; to provide for construction; 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 "City of Homerville Water and Sewer Authority Act."
SECTION 2. City of Homerville Water and Sewer Authority; activation.
(a)(1) There is created a body corporate and politic, to be known as the City of Homerville Water and Sewer Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have perpetual existence. It is the intent of the General Assembly that the authority created by this Act shall be the primary supplier of water and sewer utilities in the incorporated areas of the City of Homerville. The authority may, by contract, provide services to other areas or jurisdictions in a manner which will best utilize available resources and efficiently and economically provide such services. (2) The authority created under this Act shall not transact any business or exercise any powers under this Act until the city council of the City of Homerville shall, by proper resolution, declare that there is need for the authority to function in such city. (b) The authority shall consist of five members to be appointed by the city council of the City of Homerville. (c) The initial terms for the authority members shall be as follows: two members shall be appointed to initial terms ending December 31, 2008; three members shall be appointed to initial terms ending December 31, 2010; and all such terms shall expire upon the dates specified and upon the appointment and qualification of a respective successor. (d) Successors to members of the authority whose initial terms of office expire as provided in subsection (c) of this section, and all future successors to members of the authority whose terms are to expire, shall serve terms of four years and until their respective successors are appointed and qualified. Any member of the authority may be appointed to succeed himself or herself.

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(e) To be eligible for appointment as a member of the authority, a person shall satisfy the eligibility requirements of Code Section 45-2-1 of the O.C.G.A. and shall be a customer of a utility of the authority. (f) The members of the authority shall elect one of their number as chairperson and another as vice chairperson. The members of the authority shall also elect a secretary, who need not be a member of the authority, and may also elect a treasurer, who need not be a member of the authority. The secretary may also serve as treasurer. If the secretary, treasurer, or neither is a member of the authority, such officer shall have no voting rights. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified. (g) Three 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. (h) Any vacancy in the office of any member of the authority shall be filled in the same manner as the original appointment; and the appointment to fill the vacancy shall be made within 15 days after the vacancy occurs. A vacancy 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 enters a plea of nolo contendere thereto, who moves his or her residence from the City of Homerville or is no longer a customer of a utility of the authority, who is convicted of any act of misfeasance, malfeasance, or nonfeasance of duties as a member of the authority, or who fails to attend any regular or special meeting of the authority for a period of six months without excuse approved by resolution of the authority. (i) There shall be an annual audit of the authority to be conducted by a certified public accountant selected by the authority. (j) The fiscal affairs of the authority, including the raising of revenue and the adoption and approval of the annual budget, shall be under the control of the authority. (k) The chairperson and members of the authority shall serve without compensation.
SECTION 3. Definitions.
(a) As used in this Act, the term: (1) "Authority" means the City of Homerville Water and Sewer Authority created by this Act. (2) "Council" means the city council of the City of Homerville. (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, 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 practicality of the project, administrative expense, and such other expenses as may be necessary or incident to the financing

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authorized by this Act, the cost of the acquisition or construction of any project, the placing of any project 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 the provisions of this Act for such project. (4) "Project" means the acquisition, construction, and equipping of water facilities for obtaining one or more sources of water supply, the treatment of the water and the distribution and sale of water to users and consumers, including, but not limited to, the State of Georgia and counties and municipalities for the purpose of resale, inside and outside the territorial boundaries of the City of Homerville, and the operation, maintenance, additions, improvements, and extension of such facilities so as to assure an adequate water utility system deemed by the authority necessary and convenient for the efficient operation of such type of undertaking. The term "project" shall also mean and include the acquisition, construction, and equipping of all necessary and usual facilities useful and necessary for the gathering of waste water of every type, including both individual and industrial, and the treatment of sewage of any and every type, including, but not limited to, the acquisition and construction of treatment plants, ponds, and lagoons, inside and outside the territorial boundaries of the City of Homerville, and the operation, maintenance, additions, improvements, and extensions of such facilities so as to assure an adequate sewerage system deemed by the authority necessary or convenient for the efficient operation of a sanitary and storm sewer system. Said water facilities and said sewerage facilities, at the discretion of the authority, may be combined at any time into a water and sewerage system as one revenue-producing undertaking and operated and maintained as such. (5) "Revenue bonds" or "bonds" means revenue bonds as defined and provided in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and such type obligations may be issued by the authority as authorized under said "Revenue Bond Law" and any amendments thereto. In addition, such terms shall also mean obligations of the authority, the issuance of which are specifically provided for in this Act. (b) Any project shall be deemed to be "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 cost of operating, maintaining and repairing, improving, extending, or improving and extending the project and to pay the principal and the interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.
SECTION 4. Powers.
The authority shall have the power: (1) To have a seal and alter the same at its pleasure;

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(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. All purchases of supplies, equipment, and other materials in an amount in excess of $18,000.00 shall be by competitive bid with advertisement of said purchases to be published in the official organ of Clinch County one time before the date of purchase. The authority shall attempt to obtain at least three competitive bids, and the authority shall accept the best bid in accordance with terms of the advertisement. The provisions of this paragraph shall not apply to emergency purchases or repairs. No purchase by the authority shall be made from a member or relative of a member of the authority within the first degree of kinship, except by sealed bid as provided in this paragraph. (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights or easements therein; or franchises necessary or convenient for its corporate purposes, 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 authority, the authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned, 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 is deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys and fix their respective compensations; (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be constructed, erected, or acquired. Any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or agencies of the state and public authorities 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 relating to the furnishing of water and related services and facilities by the authority to such municipal corporations, counties, and political subdivisions or for the purchase of water by the authority therefrom for a term not exceeding 50 years, and also to enter into contracts, lease agreements, or other undertakings relative to the gathering of waste matter and the treatment of waste

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matter and sewage by the authority for such municipal corporations, counties, and political subdivisions or by such municipal corporations, counties, or political subdivisions for the authority. Likewise, without limiting the generality of the foregoing, the same authority granted to municipal corporations, counties, political subdivisions, and the authority relative to entering into contracts, lease agreements, or other undertakings is authorized between the authority and private corporations, both inside and outside the State of Georgia, and the authority and public bodies, including counties and cities outside the State of Georgia; (6) 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 in part 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 agency or instrumentality thereof; (7) To accept loans or grants, or both, 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; (8) To accept loans or grants, or both, 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; (9) 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; (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 that no such power is in conflict with the Constitution or general laws of this state; (11) To assume all assets, liabilities, notes, debt, bonds, and obligations, both financial and otherwise, of any water or sewer system owned by the City of Homerville subject to approval of such assumption by the council; and (12) To do all things necessary or convenient to carry out the powers expressly given in this Act.
SECTION 5. 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, shall have power and is authorized to provide by resolution for the issuance of negotiable revenue bonds of the authority for the purpose of paying all or any part of the cost, as defined in this Act, of any one or more projects. The principal of and interest on such revenue bonds

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shall be payable solely from the special fund provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum payable at such time or times, 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 authority, and may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution for the issuance of bonds.
SECTION 6. Same; form; denomination; registration; place of payment.
The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, 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 this 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 7. Same; 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 to by the secretary of the authority, and any coupons attached thereto shall bear the facsimile signatures of such persons, and any bond may be signed, sealed, and attested to 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 8. Same; negotiability; exemption from taxation.
All revenue bonds issued under the provisions of this Act shall be declared to have all the qualities and incidents of negotiable instruments under the laws of this state. Such bonds, their transfer, and the income therefrom shall be exempt from all taxation within the state.
SECTION 9. Same; sale; price; proceeds.

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The authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the authority. The proceeds derived from the sale 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 10. Same; interim receipts and certificates or temporary 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 11. Same; 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 12. Same; conditions precedent to issuance.
Revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. 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 or adjourned meeting of the authority by a majority of its members.
SECTION 13. Credit not pledged.
Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the City of Homerville nor a pledge of faith and credit of said city, but such bonds shall be payable solely from the funds provided for by this Act and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate said city to levy or 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 section.
SECTION 14. Trust indenture as security.

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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 or bank having the powers of a trust company inside or outside the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition 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 indenture may be treated as part of the cost, maintenance, operation, and repair of the project affected by such indenture.
SECTION 15. 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 hereof, subject to such regulations of this Act and such resolution or trust indenture may provide.
SECTION 16. 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

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and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include 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 sinking fund shall be pledged to and charged with the payment of:
(1) The interest upon such revenue bonds as such interest shall fall due; (2) The principal of the bonds as the same shall fall due; (3) The necessary charges of paying agent for paying principal and interest and other investment charges; and (4) Any premium upon bonds retired by call or purchase as provided in this Act. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. 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 cancelled and shall not again be issued.
SECTION 17. 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 the 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 the State of Georgia 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 18. 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 on the premium, if any. 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

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respect to the same shall be governed by the other provisions of this Act insofar as the same may be applicable.
SECTION 19. Validation.
Bonds of the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of the Title 36 of the O.C.G.A., the "Revenue Bond Law," as amended. 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 a 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 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 authority.
SECTION 20. Venue and jurisdiction.
Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of Clinch 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 21. 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 interest and rights of the holders of such bonds, and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and the rights of the holders of such bonds, nor will the state so itself compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds and, upon the issuance of bonds under the provisions of this Act, shall constitute a contract with the holders of such bonds.

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SECTION 22. Moneys received considered trust funds.
All moneys received pursuant to the provisions of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenue, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
SECTION 23. Purpose of the authority.
(a) Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that of acquiring an adequate source of water supply, treatment of such water, and thereafter the distribution of the same to the various areas, municipalities, and citizens in the City of Homerville and its environs, including adjoining counties and municipalities located therein, and further for the general purpose of collecting of waste water, both individual and industrial; but such general purpose shall not restrict the authority from selling and delivering water directly to customers in those areas where water distribution systems do not now exist or furnishing sewer collection facilities to such customers, and to areas where no county, municipality, or public authority deems it desirable or feasible to furnish water or sewerage services in such locality. (b) The authority shall not have the authority to construct water lines for the distribution of water directly to customers within any municipality without first obtaining the express written consent of the appropriate governing body of said municipality. Likewise, the authority shall not have the authority to construct sewer lines for the collection of waste and sewage directly from customers within any municipality without first obtaining the express written consent of the appropriate governing body of said municipality.
SECTION 24. Rates, charges, and revenues; use.
The authority is authorized to prescribe and fix rates and to revise same from time to time and to collect fees, 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 provided by this Act to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of a water system, a sewerage system, or a combined water and sewerage system, and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues of improvements, betterments, or extensions thereto thereafter made. Before increasing water or sewer rates, the authority shall hold two public hearings with dates, times, and locations advertised once in the legal organ of the county at least seven days before each public hearing. The authority shall notify the customers of

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the authority of the proposed increase in rates and the public hearing dates, times, and locations on the preceding month's water or sewer bill before the date of the public hearings.
SECTION 25. 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, or both, under the provisions of this Act, including the basis upon which water service and facilities or sewerage service and facilities, or both, shall be furnished.
SECTION 26. Tort immunity.
The authority shall have the same immunity and exemption from liability for torts and negligence as the City of Homerville; 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 The City of Homerville when in the performance of their public duties or work of the city
SECTION 27. 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, 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 28. Effect on other governments.
This Act shall not and does not in any way take from the City of Homerville the authority to own, operate, and maintain a water system, a sewerage system, or a combined water and sewerage system or to issue revenue bonds.
SECTION 29. Liberal construction of the 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 hereof.

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SECTION 30. Repeal.

All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

By unanimous consent, the following roll call vote was made applicable to the previously read Bills.

On the passage of the Bills, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce
Bryant Y Buckner Y Burkhalter
Burns Y Butler Y Byrd
Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas N Coan Y Cole Y Coleman
Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

E Dempsey Y Dickson Y Dollar
Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd
Forster Franklin Y Frazier E Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon E Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A E Holmes

Holt Y Horne Y Houston
Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James
Jamieson Y Jenkins Y Jerguson
Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight
Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox
Mangham E Manning Y Marin

Martin E Maxwell Y May Y McCall Y McKillip Y Meadows
Millar E Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy
Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston
Randall Y Reece Y Reese Y Rice Y Roberts N Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Scott, M Y Sellier Y Setzler Y Shaw N Sheldon
Shipp Y Sims, B Y Sims, C
Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner E Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B
Tumlin Y Walker Y Watson Y Wilkinson Y Willard E Williams, A Y Williams, E
Williams, M Williams, R Y Wix Y Yates Richardson, Speaker

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3417

On the passage of the Bills, the ayes were 140, nays 3.
The Bills, having received the requisite constitutional majority, were passed.
The following Resolutions of the House were read and adopted:
HR 883. By Representatives Hanner of the 148th, Day of the 163rd, Cole of the 125th and Smith of the 70th:
A RESOLUTION recognizing January 29, 2008, as "Drinking Water Security Day" in the State of Georgia; and for other purposes.
HR 884. By Representatives Heard of the 114th, McKillip of the 115th and Smith of the 113th:
A RESOLUTION commending Dr. Benjamin Carson; and for other purposes.
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 95. By Representatives Richardson of the 19th, Harbin of the 118th, Golick of the 34th, Burkhalter of the 50th, Keen of the 179th and others:
A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 193. By Representatives Burkhalter of the 50th, Ehrhart of the 36th and Harbin of the 118th:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to provide for 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.

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The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:
HB 95. By Representatives Richardson of the 19th, Harbin of the 118th, Golick of the 34th, Burkhalter of the 50th, Keen of the 179th and others:
A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008; and for other purposes.
By unaminous consent, the House insisted on its position in disagreeing to the Senate substitute to HB 95 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, pursuant to authority granted to the Speaker.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Burkhalter of the 50th, Keen of the 179th and Harbin of the 118th.
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 117. By Representatives Heard of the 104th, Knox of the 24th, Lewis of the 15th, Hembree of the 67th, Yates of the 73rd and others:
A BILL to be entitled an Act to amend provisions of the O.C.G.A. relating to motorcycles and all-terrain vehicles; to amend Part 1 of Article 22 of Chapter 1 of Title 10 of the O.C.G.A., relating to general considerations regarding motor vehicle franchises, so as to exempt motorcycles, all-terrain vehicles, and utility vehicles from the definition of motor vehicle; to amend Chapter 1 of Title 10 of the O.C.G.A., relating to selling and other trade practices, so as to provide for definitions; to provide purposes and policies to protect motorcycle, all-terrain vehicle, and utility vehicle dealers; to provide that a grantor must approve a sale of a dealership if the terms are reasonable; to provide for succession of the dealership to the dealer's named beneficiaries; to provide for warranty obligations; to provide for dispute resolution; to provide for applicability; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

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HB 197. By Representatives Fleming of the 117th, Lindsey of the 54th and Hatfield of the 177th:
A BILL to be entitled an Act to amend Article 1 of Chapter 10 of Title 17 of the O.C.G.A., relating to the procedure for sentencing and imposition of punishment, so as to repeal provisions allowing review of sentences of imprisonment for a period exceeding 12 years by a three-judge panel, to provide for the disposition of cases currently under review or in the pipeline for review, to provide duties and responsibilities of the president of The Council of Superior Court Judges of Georgia with respect to abolishing the three-judge panel; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees in superior court, so as to correct a crossreference; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
HB 219. By Representatives Royal of the 171st, O`Neal of the 146th, Roberts of the 154th and Black of the 174th:
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 prepayments of certain local sales and use taxes with respect to motor fuels; to provide for procedures, conditions, and limitations; to change certain provisions regarding penalties; to change certain provisions regarding taxation of motor fuel; to change certain provisions regarding sales and use tax exemptions regarding motor fuel; to change certain provisions regarding refunds of motor fuel taxes; to change certain provisions regarding the second motor fuel tax; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Representative Amerson of the 9th District, Chairman of the Committee on Science & Technology, submitted the following report:
Mr. Speaker:
Your Committee on Science & Technology has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 148 Do Pass, by Substitute
Respectfully submitted, /s/ Amerson of the 9th
Chairman

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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 Senate substitute to the following bill of the House:
HB 357. By Representative O`Neal of the 146th:
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 define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" for certain taxable years and thereby incorporate certain provisions of the federal law into Georgia law; to provide that such provisions shall supercede and control over certain other provisions; to provide an effective date; to provide applicability; to repeal conflicting laws; and for other purposes.
The Senate has disagreed to the House substitutes to the following bills of the Senate:
SB 98. By Senators Hamrick of the 30th, Mullis of the 53rd, Thomas of the 54th, Heath of the 31st, Staton of the 18th and others:
A BILL to be entitled an Act to amend Titles 16 and 35 of the Official Code of Georgia Annotated, relating to crimes and offenses and law enforcement officers and agencies, respectively, so as to provide the Georgia Bureau of Investigation with the authority to investigate certain offenses against minors, including subpoena power; to change provisions relating to the "Computer Pornography and Child Exploitation Act of 1999"; to provide for a definition; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 275. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to provide a date certain for rules and regulations of the Commissioner of Agriculture used to establish criminal violations; 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:

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3421

HB 95. By Representatives Richardson of the 19th, Harbin of the 118th, Golick of the 34th, Burkhalter of the 50th, Keen of the 179th and others:
A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Johnson of the 1st, Hill of the 4th, and Williams of the 19th.
The Senate insists on its substitute to the following bill of the House:
HB 147. By Representatives Mills of the 25th, Sheldon of the 105th, Fleming of the 117th, Coan of the 101st, Ralston of the 7th and others:
A BILL to be entitled an Act to provide a short title; to provide for legislative findings and purpose; to amend Chapter 9A of Title 31 of the O.C.G.A., relating to the "Woman's Right to Know Act," so as to require physicians or other qualified agents to require that pregnant females undergo an ultrasound or sonogram prior to having an abortion; to change certain provisions relating to voluntary and informed consent to abortions; to require certain information be made available by the Department of Human Resources; to change certain provisions relating to reporting requirements; to provide for civil causes of action; to amend Article 5 of Chapter 12 of Title 16 of the O.C.G.A., relating to abortion, to provide for criminal penalties for failure to comply with the "Woman's Right to Know Act"; to provide for construction; to provide for intervention; to provide for severability; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate recedes from its amendment to the following bill of the House:
HB 282. By Representatives Stephens of the 164th, Martin of the 47th, Keen of the 179th, Carter of the 159th and Murphy of the 120th:
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 engines, parts, equipment, or other tangible personal property used in the maintenance or repair of certain aircraft; 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:

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HB 587. By Representatives May of the 111th, Harbin of the 118th, Fleming of the 117th and Roberts of the 154th:
A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to the distribution, storage, and sale of gas, so as to provide for revocation of a certificate of public convenience and necessity if the holder of the certificate has not within five years of receiving the certificate begun construction or operation of any pipeline, or distribution system, or any extension thereof, in substantially all of the territory covered by such certificate; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 528. By Representatives Martin of the 47th, Burkhalter of the 50th, Stephens of the 164th, Lane of the 158th and Roberts of the 154th:
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 provide for certificates of registration for cosmetic laser practitioners; to define a certain term; to provide certain requirements for one member of the State Board of Cosmetology; to provide for applications to be made to obtain a certificate of registration for three different levels of cosmetic laser practitioner; to provide continuing education for such practitioners; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 131. By Representatives Horne of the 71st and Forster of the 3rd:
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.
HB 162. By Representatives Martin of the 47th, Burkhalter of the 50th and Jones of the 46th:
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 for a limited period of time with respect to sales of certain tangible personal property used in direct connection with the construction of a performing arts amphitheater 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.

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HB 168. By Representatives Mumford of the 95th, Knox of the 24th and Forster of the 3rd:
A BILL to be entitled an Act to amend Code Section 15-11-21 of the Official Code of Georgia Annotated, relating to associate juvenile court judges, appointment and compensation, qualifications, conduct of hearings, and rehearing, so as to change the qualifications for an associate juvenile court judge; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 340. By Representatives Richardson of the 19th, Golick of the 34th, Ehrhart of the 36th, Keen of the 179th and Burkhalter of the 50th:
A BILL to be entitled an Act to amend Code Section 49-5-273 of the Official Code of Georgia Annotated, relating to the creation and operation of the PeachCare for Kids Program, so as to revise the threshold income amount for eligibility for PeachCare to 200 percent of the federal poverty level; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 430. By Representatives Ralston of the 7th, Roberts of the 154th, Hatfield of the 177th and 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 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 amend Code Section 46-8-100 of the O.C.G.A., relating to the general powers of railroad companies, so as to provide that issues arising as to the dimensions of property acquired by a railroad corporation or railroad company prior to 1913 shall be determined by reference to the official map filed with the Interstate Commerce Commission pursuant to the Railroad Valuation Act of March 1, 1913; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 445. By Representative Royal of the 171st:
A BILL to be entitled an Act to amend Code Section 48-5-7.4 of the O.C.G.A., 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

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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 a contingent effective date; to provide for applicability; 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 bills of the House:
HB 374. By Representatives Mills of the 25th, Stephens of the 164th, Parrish of the 156th and Shaw of the 176th:
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 hotel motel tax, so as change certain provisions regarding definitions applicable to such tax; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 389. By Representatives Lewis of the 15th, Ehrhart of the 36th and Levitas of the 82nd:
A BILL to be entitled an Act to amend Title 46 of the O.C.G.A., relating to public utilities and public transportation, so as to change the definition of motor common carrier and limousine carrier; to provide that the Public Service Commission is not authorized to set, adjust, or change rates or charges for transportation of passengers or property by certain vehicles managed or operated by a limousine carrier; to provide that any existing tariff regulating such rates or charges is void; to provide for inclusion of the motor carrier authorization number in any advertising for a limousine carrier; to require commercial liability and indemnity insurance for limousine carriers; to provide for enforcement of such advertising and insurance requirements; to provide that the provisions and powers of the Public Service Commission relating to limousines shall apply to all vehicles of specified types that are managed or operated by limousine carriers; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 429. By Representatives Cooper of the 41st, Hudson of the 124th, Smith of the 70th and Manning of the 32nd:
A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to require physicians and health care providers to test pregnant women for HIV unless she specifically

TUESDAY, APRIL 17, 2007

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declines; to provide a short title; to inform the pregnant woman of the test to be conducted; to provide for documentation; to provide for rules and regulations; to provide for an exemption from counseling requirements; 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 107. By Representatives Jones of the 46th, Burkhalter of the 50th, Rice of the 51st, Mills of the 25th and Rogers of the 26th:
A BILL to be entitled an Act to amend Code Section 36-34-2 of the Official Code of Georgia Annotated, relating to general powers regarding administration of municipal government, so as to provide for additional requirements with respect to certain franchise fees; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 120. By Representatives Willard of the 49th, Ralston of the 7th, Lindsey of the 54th, Fleming of the 117th, Tumlin of the 38th and others:
A BILL to be entitled an Act to amend Chapter 2 and Chapter 3 of Title 15 of the Official Code of Georgia Annotated, relating to the Supreme Court and Court of Appeals respectively, so as to provide for travel allowances for certain appellate Justices and Judges; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 122. By Representatives England of the 108th, McCall of the 30th, Roberts of the 154th, Burns of the 157th, Maddox of the 172nd and others:
A BILL to be entitled an Act to amend Code Section 2-13-8 of the Official Code of Georgia Annotated, relating to labeling requirements for commercial feeds, so as to exclude equine feeds from those feeds for which collective terms of ingredients may be used or which may be exempted from certain requirements; to repeal conflicting laws; and for other purposes.
HB 169. By Representatives Martin of the 47th, Chambers of the 81st, Royal of the 171st, Scott of the 2nd and Williams of the 4th:
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 exemptions with respect to certain donations of prepared food and beverages; to provide for procedures, conditions, and limitations; to

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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 182. By Representatives Martin of the 47th, Royal of the 171st, Scott of the 2nd and Williams of the 4th:
A BILL to be entitled an Act to amend Code Section 48-5-274 of the Official Code of Georgia Annotated, relating to the establishment of the equalized adjusted property tax digest, so as to provide that positive tax allocation increments shall not be used in calculating certain tax digest amounts; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 183. By Representatives Benton of the 31st and Powell of the 29th:
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 repeal conflicting laws; and for other purposes.
HB 221. By Representatives Heard of the 104th and Willard of the 49th:
A BILL to be entitled an Act to amend Code Section 9-11-9.1 of the Official Code of Georgia Annotated, relating to the affidavit required to accompany charges of professional malpractice, so as to change certain provisions regarding when an affidavit is required to accompany an action for damages alleging professional malpractice; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 222. By Representatives Mitchell of the 88th, Willard of the 49th, Millar of the 79th, Oliver of the 83rd, Lunsford of the 110th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to the authority of counties to buy property sold under tax executions, so as to prohibit county tax commissioners from purchasing property offered for sale under tax executions or tax foreclosure proceedings; to repeal conflicting laws; and for other purposes.
HB 232. By Representatives Lindsey of the 54th, Lunsford of the 110th, Geisinger of the 48th, Jones of the 46th and Smith of the 113th:

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A BILL to be entitled an Act to amend Chapter 71 of Title 36 of the Official Code of Georgia Annotated, relating to the "Georgia Development Impact Fee Act," so as to change definitions; to increase community participation in development impact fee advisory committees; to provide for the expenditure of impact fees; to change certain provisions relating to deposit and expenditure of fees and an annual report; to correct cross-references; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 240. By Representative Harbin of the 118th:
A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to "The Retail Installment and Home Solicitation Sales Act," so as to increase the authorized maximum delinquency charge for late installment payments; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 242. By Representatives Knox of the 24th, Hembree of the 67th, Keen of the 179th, Ehrhart of the 36th and Watson of the 91st:
A BILL to be entitled an Act to amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes regarding insurance, so as to provide for an exemption for certain high deductible health plans sold or maintained in connection with a health savings account with respect to state insurance premium taxes; 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 conditions and limitations; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
HB 264. By Representatives Millar of the 79th, Willard of the 49th, Geisinger of the 48th and Wilkinson of the 52nd:
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 definitions; to provide for legislative intent; 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.

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HB 375. By Representatives Collins of the 27th, Coleman of the 97th, Benton of the 31st, Maxwell of the 17th, Fleming of the 117th 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 of students in elementary and secondary education, so as to provide that children who serve as pages of the General Assembly shall be credited as present by the school in which enrolled in the same manner as an educational field trip; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 383. By Representative Mills of the 25th:
A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, the "Georgia Condominium Act," so as to define certain terms; to provide that a declarant shall pay certain expenses; to provide for exceptions; to provide for an exception for a certain obligation to provide a certificate of occupancy; to provide for the effect on land use and zoning ordinances or laws of an expandable condominium; to provide for the creation of a subcondominium; to provide for a subassociation; to provide for insurance; to provide for the effect of certain liens; to provide for eminent domain; to provide for the description of certain units; to provide for assessments; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Speaker announced the House in recess until 5:00 P.M., at which time the House will stand adjourned, pursuant to the adjournment Resolution previously adopted by the House and Senate, until 10:00 o'clock, A.M., Thursday, April 19, 2007.

THURSDAY, APRIL 19, 2007

3429

Representative Hall, Atlanta, Georgia
Thursday, April 19, 2007
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
Prayer was offered by Reverend Steven Walters, First United Methodist Church, Lawrenceville, Georgia.
The members pledged allegiance to the flag.
Representative Lakly of the 72nd, 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 855. By Representative Bridges of the 10th:
A BILL to be entitled an Act to amend Code Section 47-2-244 of the Official Code of Georgia Annotated, relating to optional benefits available to appellate court judges, notice of election of benefits, eligibility for benefits,

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disability benefits, and survivors benefits, so as to provide for benefits for appellate court judges who are appointed or elected on or after July 1, 2008; to provide for an option for sitting judges; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 856. By Representative Bridges of the 10th:
A BILL to be entitled an Act to amend Article 6 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to salary, retirement, death, and disability benefits under the Georgia Judicial Retirement System, so as to change provisions relating to retirement benefits for superior court judges and district attorneys; to provide for a certain option for benefits; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 857. By Representative Lord of the 142nd:
A BILL to be entitled an Act to amend an Act placing the Sheriff of Washington County upon an annual salary in lieu of the fee system of compensation, approved March 12, 1965 (Ga. L. 1965, p. 2395), as amended, so as to change the compensation of the sheriff; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 858. By Representatives Geisinger of the 48th, Lindsey of the 54th, Setzler of the 35th, Coan of the 101st, Powell of the 29th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the duplicating of certain damaged optical scan ballots; to provide for certain recounts; to provide for additional grounds for challenging an election; to provide for a random hand count of optical scan ballots at the precinct; to provide procedures for such count; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Governmental Affairs.
HB 859. By Representatives Geisinger of the 48th, Lindsey of the 54th, Coan of the 101st, Powell of the 29th, Meadows of the 5th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the O.C.G.A., relating to primaries and elections generally, so as to provide a definition; to require all electronic recording voting systems to produce an elector verified, permanent paper record of the votes recorded on such systems for each elector; to provide that electors shall have an opportunity to verify such record after voting; to provide for reexamination and recertification of direct recording electronic voting systems under certain circumstances; to authorize the use of certain printers and printer interfaces; to authorize the use of alternative means of voting under certain circumstances; to provide for certain recounts; to provide for additional grounds for challenging an election; to provide that such paper records be the official record of the votes in an election for use in recounts and election challenge proceedings; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 860. By Representative Ralston of the 7th:
A BILL to be entitled an Act to amend Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to grand juries, so as to provide for a regional grand jury; to provide for a short title; to provide for definitions; to provide for jurisdiction and powers of a regional grand jury; to provide for selecting, impaneling, and the term of such grand jurors; to provide for prosecution and venue; to provide for judicial supervision; to provide for the Attorney General to attend and present evidence to such grand jury; to provide for appointment or election of a foreperson and the oath of regional grand jurors; to provide for expense allowances and travel cost reimbursement; to provide for a stenographer; to provide for related matters; 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 Judiciary Non-Civil.
HB 861. By Representatives Mills of the 25th, Rogers of the 26th, Collins of the 27th and Benton of the 31st:

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A BILL to be entitled an Act to amend Code Section 15-21-77 and Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to funding for indigent defense and legal defense of indigents, respectively, so as to allow certain judicial circuits to have alternative delivery systems which opt out from having a public defender system under certain circumstances; to provide for procedure; to change provisions relating to alternative delivery systems; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 862. By Representative Levitas of the 82nd:
A BILL to be entitled an Act to amend Article 4 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to accusations, so as to allow trial upon accusation in all cases except for serious violent felonies or any felony offense requiring a trial upon an indictment pursuant to express provisions of the laws or constitutions of this state or of the United States; 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 863. By Representative Cole of the 125th:
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 that a municipal governing body shall not adopt or implement an ordinance or land use regulation in any manner that prohibits a person from engaging in the activities of an automotive collector under certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 864. By Representative Knox of the 24th:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to remove a participation requirement before the extension of group life policy coverage to dependents of employees or members; to provide cash surrender values of annuities are exempt from claims of creditors; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Insurance.
HB 865. By Representative Parsons of the 42nd:
A BILL to be entitled an Act to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits in the Teachers Retirement System of Georgia, so as to provide that a member shall be entitled to receive creditable service for a prior period of employment while participating in the Regents Retirement Plan; to provide for application and payment of employee contributions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 866. By Representative Hembree of the 67th:
A BILL to be entitled an Act to amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Public Assistance Act of 1965," so as to provide for statements of purpose; to provide for the provision of certain dental services to foster children; to provide for certain diagnostic services; to provide for certain preventive services; to provide for the extension of Medicaid services to former foster children; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 867. By Representative Hembree of the 67th:
A BILL to be entitled an Act to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of rates, underwriting rules, and related organizations, so as to provide that rates with regard to private passenger motor vehicle insurance may go into effect without the necessity of approval by the Commissioner of Insurance; to provide for procedures for filings; to provide for notice and hearing in the case of filings that are not in compliance; to provide for other filings; to provide for the contents of filings; to provide for procedures for aggrieved persons; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.

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HB 868. By Representative Cox of the 102nd:
A BILL to be entitled an Act to amend Code Section 32-6-202 of the Official Code of Georgia Annotated, relating to the procedure to obtain maintenance of grade separation structures, protective devices, and grade crossings, so as to change the procedure regarding appeal to the department from a refusal to perform requested maintenance on a railroad; 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 869. By Representatives Mitchell of the 88th, Oliver of the 83rd, Watson of the 91st, Jacobs of the 80th, Chambers of the 81st and others:
A BILL to be entitled an Act to amend an Act to abolish the offices of taxreceiver and tax-collector of DeKalb County, Georgia, to create the office of County Tax-Commissioner of DeKalb County, Georgia, and for other purposes, approved August 18, 1927 (Ga. L. 1927, p. 558), as amended, so as to change certain provisions relating to the filling of vacancies for the office of tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination Local
HR 858. By Representatives Benton of the 31st, Bearden of the 68th, Franklin of the 43rd, Graves of the 12th, Scott of the 2nd and others:
A RESOLUTION urging Congress to withdraw the United States from the Security and Prosperity Partnership of North America and any other activity that seeks to create a North American Union; and for other purposes.
Referred to the Committee on Interstate Cooperation.
HR 881. By Representatives Lane of the 158th, Knight of the 126th, Burns of the 157th, Lane of the 167th, Heard of the 104th and others:
A RESOLUTION urging the State of Georgia to reallocate funds obtained from sportsmen's license fees from the state's general fund to the Wildlife Management Area land acquisition program for hunting and fishing; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.

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HR 882. By Representative Ralston of the 7th:
A RESOLUTION proposing an amendment to the Constitution so as to provide for the creation of regional grand juries and authorize the General Assembly to specify procedures for regional grand juries; to provide for the jurisdiction, powers, and duties of regional grand juries; to authorize the General Assembly to provide by law for procedures for selecting and summoning the members of regional grand juries; to provide for a presiding judge; 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 885. By Representative Ralston of the 7th:
A RESOLUTION urging the Attorney General of the United States and the Federal Communications Commission to oppose the proposed merger of the only two satellite radio providers operating in the United States; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
HR 886. By Representatives Smith of the 113th, Smith of the 70th, McCall of the 30th, Heard of the 114th and McKillip of the 115th:
A RESOLUTION urging the State of Georgia to continue its efforts to establish the National Bio and AgroDefense Facility in Georgia; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HR 887. By Representative Benfield of the 85th:
A RESOLUTION urging the Georgia Department of Agriculture to ban the production, use, and sale of plants listed on the National Park Service Alien Plant Invaders list; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HR 888. By Representatives Benfield of the 85th, Drenner of the 86th, Oliver of the 83rd and Henson of the 87th:

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A RESOLUTION urging the DeKalb County School Board to offer the International Community School the use of the Forrest Hills Elementary School property when and if that school is consolidated under the present redistricting plan; and for other purposes.

Referred to the Committee on Intragovernmental Coordination - Local.

HR 900. By Representatives Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, O`Neal of the 146th, Fleming of the 117th and others:

A RESOLUTION proposing an amendment to the Constitution so as to provide for the comprehensive revision of provisions regarding taxation and finance and abolish most state and local taxes; to provide for a comprehensive flat tax to be known as the fair tax; to provide for procedures, conditions, and limitations; to provide for local revenue guarantee proceeds; to provide for applicability of prior tax provisions; to change certain provisions regarding certain defaulters; to change certain provisions regarding specific powers and limitations of powers of the General Assembly; to change certain provisions regarding other or supplementary appropriations; to change certain provisions regarding appropriations; to eliminate certain provisions regarding the motor fuel tax; 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 and Senate were read the second time:

HB 850 HB 851 HB 852 HB 853 HB 854

HR 828 HR 856 SB 322 SB 323

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:

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SB 194 Do Pass, by Substitute

Respectfully submitted, /s/ Scott of the 153rd
Chairman

Representative Rynders of the 152nd District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

Your Committee on Intragovernmental Coordination - 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 303 Do Pass

Respectfully submitted, /s/ Rynders of the 152nd
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR THURSDAY, APRIL 19, 2007

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 39th Legislative Day as enumerated below:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

HR 531 SR 30
SR 249

Ralph Lively Memorial Highway; dedicate (Trans-Butler-18th) Joint Study Committee on State Stroke System of Care; create (H&HSChannell-116th) Thomas-54th Public Property; conveyance; granting of easements for facilities, utilities 6 counties (Substitute)(SI&P-Barnard-166th) Grant-25th

DEBATE CALENDAR

Open Rule

SB 5

Secure and Verifiable Identity Document Act; drivers' licenses; provisions

(Substitute)(MotV-Graves-12th) Seabaugh-28th

3438 SB 9
SB 15 SB 23
SB 60 SB 77 SB 84 SB 106 SB 115 SB 128 SB 176 SB 205 SB 210
SB 225 SB 226
SB 234 SB 246 SB 263
SB 298 SR 139

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Grade Integrity Act; provide ethical violation reportable to Professional Standards Commission; statutory construction (Substitute)(Ed-Casas103rd) Rogers-21st Drivers' Licenses; suspended/revoke; change certain provisions (Substitute)(Judy-Bearden-68th) Wiles-37th Criminal Sentencing Procedure; probation/suspension; court may inquire/consider the legality of prisoner's presence in United States (JudyNC-Collins-27th) Douglas-17th Georgia Trauma Commission; establish (H&HS-O`Neal-146th) Staton-18th Commercial Vehicles; local tag agents; International Registration Plan (MotV-Rice-51st) Williams-19th Insurance; protect members of United States armed forces; unscrupulous practices; marketing/sale of insurance (A&CA-Sims-169th) Shafer-48th Bonds; surety for good behavior; extend the period (JudyNC-Cole-125th) Hamrick-30th Residential/General Contractors; revise the licensure provisions (Substitute)(RegI-Jerguson-22nd) Shafer-48th Child Advocate, Office of; provide confidentiality of records (Substitute)(Judy-Lindsey-54th) Carter-13th State Forestry Commission; reports to General Assembly; change certain provisions (NR&E-Cole-125th) Tolleson-20th Prescription Medication Integrity Act (Substitute)(JudyNC-Knox-24th) Thomas-54th Secretary of State; authorize to designate/establish facilities; government agency as a branch depository; Division of Archives/History (SI&PCheokas-134th) Hooks-14th Redevelopment; require training with programs; create Redevelopment Powers Training Board (Substitute)(IGC-Golick-34th) Stoner-6th Qualified Soil Scientists; evaluations/reports shall be accepted by Dept. of Natural Resources/Dept. Human Resources (NR&E-Lunsford-110th) Harp29th Secretary of State; collect a filing fee for certificates of conversion; Georgia corporation to foreign corporation (Judy-Lane-167th) Cowsert-46th Buildings; advisory committee on industrialized buildings; appointment/vacancies; change composition (IndR-Scott-2nd) Mullis-53rd Soil/Water Conservation Districts; number/boundaries; alteration of existing districts/formation of new districts; change certain provisions (NR&E-McCall-30th) Bulloch-11th Pulaski County; office of probate judge; nonpartisan elections (IGC-Floyd147th) Tolleson-20th Congress; urged to raise allowable deduction for health savings accounts (W&M-Scott-2nd) Hill-32nd

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3439

Modified Open Rule

SB 200

Georgia Smart Infrastructure Growth Act; creation (Substitute)(ED&TBarnard-166th) Grant-25th

Modified Structured Rule

None

Structured Rule

SB 82 SR 309

Dunwoody, City of; incorporation, boundaries, and powers of the city (Substitute)(GAff-Chambers-81st) Weber-40th Infrastructure Development Districts; provide by general law the creation and comprehensive regulation-CA (ED&T-Barnard-166th) Grant-25th

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 303. By Senators Murphy of the 27th and Pearson of the 51st:

A BILL to be entitled an Act to amend an Act to provide for the Board of Education of Forsyth County and to consolidate and restate provisions of law relating to the board, approved March 25, 1992 (Ga. L. 1992, p. 5052), as amended, so as to increase the per diem expense allowance allowable for 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.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

E Abdul-Salaam Y Abrams Y Amerson
Ashe

E Dempsey Y Dickson
Dollar Drenner

Y Holt E Horne Y Houston Y Howard

Martin Y Maxwell Y May Y McCall

Y Scott, M Y Sellier Y Setzler Y Shaw

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Barnard Y Bearden E Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B Y Casas E Chambers
Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H Y Davis, S
Day

Y Dukes Y Ehrhart Y England
Epps Y Everson
Fleming Floyd, H Y Floyd, J Fludd Forster Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Graves Y Greene Y Hamilton Y Hanner E Harbin Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree E Henson Y Hill, C Hill, C.A E Holmes

Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson
Johnson, C Johnson, T Y Jones, J Y Jones, S Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Lunsford Y Maddox Y Mangham E Manning Y Marin

Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan
Morris Y Mosby Y Mumford
Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham
Parrish Y Parsons Y Peake
Porter Y Powell Y Pruett Y Ralston Y Randall E Reece Y Reese
Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Sheldon Y Shipp Y Sims, B
Sims, C Y Sims, F
Sinkfield Smith, B Y Smith, L Y Smith, R Smith, T Y Smith, V Smyre Stanley-Turner Y Starr Stephens Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Wix Y Yates Richardson, Speaker

On the passage of the Bill, the ayes were 125, 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.

The roll was called and the following Representatives answered to their names:

E Abdul-Salaam Abrams Amerson Barnard Bearden
E Beasley-Teague Benton Black Bridges Brooks

Dickson Dukes Ehrhart England Everson Fleming Floyd, J Franklin Frazier Freeman

Howard Hugley Jackson Jacobs James Jamieson Jerguson Johnson, C Jones, J Kaiser

McKillip Meadows Millar Mills Mitchell E Morgan Morris Mosby Mumford Murphy

Sellier Setzler Shaw Sheldon Shipp Sims, B Sims, C Sims, F Smith, B Smith, L

THURSDAY, APRIL 19, 2007

3441

Bruce Bryant Buckner Burkhalter Burns Butler Carter, A Carter, B Casas Chambers Cheokas Coan Cole Coleman Collins Cox Crawford, R Davis, H Davis, S E Dempsey

Gardner Geisinger Glanton Golick Gordon Graves Greene Hamilton Hanner E Harbin Heard, J Heard, K Hembree E Henson Hill, C Hill, C.A E Holmes Holt E Horne Houston

Keen Keown Knight Knox Lakly Lane, B Lane, R Levitas Lewis Lord Loudermilk Lunsford Maddox Mangham E Manning Marin Martin Maxwell May McCall

Neal Nix Oliver Parham Parsons Peake Porter Powell Pruett Ralston Randall E Reece Reese Roberts Rogers Royal Rynders Sailor Scott, A Scott, M

Smith, R Smith, V Smyre Starr Talton Teilhet Thomas, B Tumlin Walker Watson Wilkinson Willard Williams, A Williams, E Williams, M Williams, R Wix Yates Richardson, Speaker

The following members were off the floor of the House when the roll was called:

Representatives Ashe of the 56th, Benfield of the 85th, Byrd of the 20th, Channell of the 116th, Crawford of the 127th, Day of the 163rd, Dollar of the 45th, Epps of the 128th, Floyd of the 99th, Fludd of the 66th, Forster of the 3rd, Hatfield of the 177th, Hudson of the 124th, Jenkins of the 8th, Johnson of the 37th, Jones of the 44th, Jordan of the 77th, Lindsey of the 54th, Lucas of the 139th, O`Neal of the 146th, Parrish of the 156th, Rice of the 51st, Sinkfield of the 60th, Smith of the 168th, Stanley-Turner of the 53rd, Stephenson of the 92nd, and Thomas of the 55th.

They wish to be recorded as present.

The following members were recognized during the period of Morning Orders and addressed the House:

Williams of the 89th, Geisinger of the 48th, Drenner of the 86th, Benton of the 31st, and Glanton of the 76th.

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 531. By Representative Butler of the 18th:

A RESOLUTION dedicating the Ralph Lively Memorial Highway; and for other purposes.

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The report of the Committee, which was favorable to the adoption of the Resolution was agreed to.

SR 30.

By Senators Thomas of the 54th, Smith of the 52nd, Carter of the 13th, Hamrick of the 30th, Douglas of the 17th and others:

A RESOLUTION creating the Joint Study Committee on State Stroke System of Care; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution was agreed to.

SR 249. By Senators Grant of the 25th, Harp of the 29th, Harbison of the 15th, Goggans of the 7th, Smith of the 52nd and others:

A RESOLUTION authorizing the granting of nonexclusive easements for operation and maintenance of facilities, utilities, and ingress and egress, in, on, over, under, upon, across, or through property owned by the State of Georgia in Cobb, Floyd, Gwinnett, Muscogee, Paulding, and Ware 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 Cobb, Floyd, Gwinnett, Muscogee, Paulding, and Ware counties, Georgia; to repeal conflicting laws; and for other purposes.

WHEREAS, the State of Georgia is the owner of certain real property located in Cobb, Floyd, Gwinnett, Muscogee, Paulding, and Ware counties, Georgia; and

WHEREAS, the City of Kennesaw, Atlanta Northern Traction Company LLC, Georgia Power, Gwinnett County, Columbus Consolidated Government, the Public Service Telephone Company, and Jones Company LTD 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, approved, or both by the State Properties Commission, Department of Human Resources, Department

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3443

of Technical and Adult Education, the Georgia Bureau of Investigation, the Department of Driver Services, and the Department of Natural Resources.
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 Cobb County, and the property is in the custody of the State Properties Commission, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 2. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Kennesaw, or its successors and assigns, a nonexclusive easement for the operation and maintenance of a pedestrian underpass in, on, over, under, upon, across, or through the easement area for the purpose of maintaining, repairing, replacing, inspecting, and operating a pedestrian underpass together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the City of Kennesaw, Cobb County, Georgia, and is more particularly described as follows:
"That portion and that portion only as shown in yellow on engineering plans dated March 22, 2006, prepared by R. Scott Caples, URS Corporation 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 purpose of installing, maintaining, repairing, replacing, inspecting, and operating said pedestrian underpass.
SECTION 4. That the City of Kennesaw 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 pedestrian underpass.
SECTION 5. That, after the City of Kennesaw has put into use the pedestrian underpass for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion

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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 Kennesaw, 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 pedestrian underpass shall become the property of the State of Georgia, or its successors and assigns.
SECTION 6. That no title shall be conveyed to the City of Kennesaw and, except as herein specifically granted to the City of Kennesaw, 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 City of Kennesaw.
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 the City of Kennesaw 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 Kennesaw. 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 the City of Kennesaw shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the

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3445

best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 10. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 11. That this grant of easement shall be recorded by the grantee in the Superior Court of Cobb 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 the City of Kennesaw 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 Cobb County, and the property is in the custody of the State Properties Commission, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 15. That the State of Georgia, acting by and through its State Properties Commission, may grant to Atlanta Northern Traction Company LLC, or their successors and assigns, a nonexclusive easement for the operation and maintenance of a pedestrian overhead bridge in, on, over, under, upon, across, or through the easement area for the purpose of maintaining, repairing, replacing, inspecting, and operating a pedestrian overhead bridge 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 Cobb County, Georgia, and is more particularly described as follows:
"That portion and that portion only as shown in yellow on a registered professional engineers drawing dated March 2, 2006, prepared by Lewis Carl Carver, #25434 and on file in the offices of the State Properties Commission,"

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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 installing, maintaining, repairing, replacing, inspecting, and operating said pedestrian overhead bridge.
SECTION 17. That Atlanta Northern Traction Company LLC 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 pedestrian overhead bridge.
SECTION 18. That, after Atlanta Northern Traction Company LLC has put into use the pedestrian overhead bridge 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, Atlanta Northern Traction Company LLC, 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 pedestrian overhead bridge shall become the property of the State of Georgia, or its successors and assigns.
SECTION 19. That no title shall be conveyed to Atlanta Northern Traction Company LLC and, except as herein specifically granted to Atlanta Northern Traction Company LLC, 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 Atlanta Northern Traction Company LLC.
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 Atlanta Northern Traction Company LLC 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

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portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Atlanta Northern Traction Company LLC. 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 Atlanta Northern Traction Company LLC shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 23. That the consideration for such easement shall be for the fair market value, but not less than $650.00, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 24. That this grant of easement shall be recorded by the grantee in the Superior Court of Cobb 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 Atlanta Northern Traction Company LLC 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.

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ARTICLE III SECTION 27.
That the State of Georgia is the owner of the hereinafter described real property in Floyd County, and the property is in the custody of the Department of Human Resources hereinafter referred to as the "easement area" and that, in all matters relating 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 and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the City of Rome, Floyd 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 Horne Associates Land Surveyors dated June 22, 2006, prepared by Arthur Lynch 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 purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said electrical distribution line.
SECTION 30. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said electrical distribution line.
SECTION 31. That, after Georgia Power Company has put into use the electrical distribution line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities

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from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 32. That no title shall be conveyed to Georgia Power Company, and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area 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, 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 35. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the

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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 interest of the State of Georgia.
SECTION 37. That this grant of easement shall be recorded by the grantee in the Superior Court of Floyd 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 Gwinnett 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 Gwinnett County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a traffic signal on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a traffic signal 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 for so long as no red light camera or similar traffic-control signal monitoring device is utilized at said intersection. Said easement area is located Gwinnett County, Georgia, and is more particularly described as follows:

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"Those portions and those portions only as shown in yellow on a Wolverton & Associates right of way plan dated April 18, 2006, and on file in the offices of the State Properties Commission," and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 42. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said traffic signal.
SECTION 43. That Gwinnett County shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said traffic signal.
SECTION 44. That, after Gwinnett County puts into use the traffic signal 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, Gwinnett County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 45. That no title shall be conveyed to Gwinnett County and, except as herein specifically granted to Gwinnett County, 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 Gwinnett County.
SECTION 46. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, 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.

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SECTION 47. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the 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 Gwinnett County shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Gwinnett County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 48. That the easement granted to Gwinnett County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 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 interest of the State of Georgia.
SECTION 50. That this grant of easement shall be recorded by the grantee in the Superior Court of Gwinnett 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 Gwinnett County shall expire three years after the date that this resolution becomes effective.
SECTION 52. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

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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 State Properties Commission, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 54. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Columbus Consolidated Government, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of sanitary and storm sewer lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating sanitary and storm sewer lines 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 Columbus, Muscogee 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 October 28, 2005, prepared by A.B. Moon Jr., Georgia Reg. No. 782, and on file in the offices of the State Properties Commission," and may be more particularly described by a plats 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 purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary and storm sewer lines.
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 and storm sewer lines.
SECTION 57. That, after the Columbus Consolidated Government has put into use the sanitary and storm sewer lines 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,

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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 Columbus Consolidated Government, and, except as herein specifically granted to the Columbus Consolidated Government, 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 Columbus Consolidated Government.
SECTION 59. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, 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 60. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the 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 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 interest of the State of Georgia and that the State Properties

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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 interest 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 Muscogee County, and the property is in the custody of the Georgia Bureau of Investigation and the Department of Driver Services, 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 Public Service Telephone Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a telephone 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 telephone lines 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 100 of the 10th district of Columbus, Muscogee County, Georgia, and is more particularly described as follows:

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"That portion and that portion only as shown highlighted in yellow on a plat of survey dated February 18, 2003, prepared by Ronald J. Heald Jr., Georgia, Reg., No. 2732, 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 68. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said telephone line.
SECTION 69. That the Public Service Telephone 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 telephone lines.
SECTION 70. That, after the Public Service Telephone Company has put into use the telephone 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 Public Service Telephone Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 71. That no title shall be conveyed to the Public Service Telephone Company, and, except as herein specifically granted to the Public Service Telephone 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 the Public Service Telephone Company.
SECTION 72. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway 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.

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SECTION 73. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the 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 Public Service Telephone 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 the Public Service Telephone 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 74. That the easement granted to the Public Service Telephone Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 75. That the consideration for such easement shall be $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest 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 Public Service Telephone Company shall expire three years after the date that this resolution becomes effective.
SECTION 78. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

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ARTICLE VII SECTION 79.
That the State of Georgia is the owner of the hereinafter described real property in Paulding 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 80. That the State of Georgia, acting by and through its State Properties Commission, may grant to Jones Company LTD, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of ingress and egress in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating ingress and egress together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in land lots 317, 332, 333, 334, and 387 of the 18th district, 3rd section of Paulding County, Georgia, and is more particularly described as follows:
"That portion and that portion only as shown in yellow on a plat of survey prepared by Donald Earl Long, No.2039, dated August 7, 2006, 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 purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said ingress and egress.
SECTION 82. That Jones Company LTD 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 ingress and egress.
SECTION 83. That, after Jones Company LTD 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, Jones Company LTD, or its successors and assigns, shall have the option of removing its facilities from the easement

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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 Jones Company LTD, and, except as herein specifically granted to Jones Company LTD, 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 Jones Company LTD.
SECTION 85. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, 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 86. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the 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 Jones Company LTD 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 Jones Company LTD. 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 87. That the easement granted to Jones Company LTD shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the

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description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 88. 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 interest of the State of Georgia.
SECTION 89. That this grant of easement shall be recorded by the grantee in the Superior Court of Paulding County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 90. That the authorization in this resolution to grant the above-described easement to Jones Company LTD 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 Ware County, and the property is in the custody of the Department of Human Resources, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 93. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of an underground electrical 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 underground electrical 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 210 of the 8th district, Ware County, Georgia, and is more particularly described as follows:

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"That portion and that portion only as shown in yellow on a plat of survey, prepared by Harry A. Strickland, No. 2409, dated October 2, 2006, 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 94. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said underground electrical line.
SECTION 95. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said underground electrical line.
SECTION 96. That, after Georgia Power Company has put into use the underground electrical line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 97. That no title shall be conveyed to Georgia Power Company, and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area 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 98. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway 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.

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SECTION 99. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the 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 100. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 101. 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 interest of the State of Georgia.
SECTION 102. That this grant of easement shall be recorded by the grantee in the Superior Court of Ware 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 Georgia Power Company 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.

THURSDAY, APRIL 19, 2007

3463

ARTICLE IX SECTION 105.

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.

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas
Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming
Floyd, H Y Floyd, J
Fludd Forster Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A E Holmes

Y Holt E Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T
Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord
Loudermilk Lucas Y Lunsford Maddox Y Mangham E Manning Marin

Y Martin Y Maxwell
May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall E Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor
Scott, A

E Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon
Shipp Y Sims, B
Sims, C Y Sims, F
Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet
Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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JOURNAL OF THE HOUSE

On the adoption of the Resolutions, the ayes were 147, nays 0.

The Resolutions, having received the requisite constitutional majority, were adopted.

SB 60.

By Senators Staton of the 18th, Johnson of the 1st, Adelman of the 42nd, Unterman of the 45th, Bulloch of the 11th and others:

A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to establish the Georgia Trauma Commission; to provide for its composition, membership, duties, and responsibilities; to provide that hospitals offering or seeking to offer emergency trauma services may add additional beds or operating rooms for emergency trauma purposes without the necessity of applying for a certificate of need; 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas
Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J
Fludd Forster N Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon E Graves Y Greene Y Hamilton Y Hanner E Harbin Y Hatfield Y Heard, J

Y Holt E Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall E Reece Y Reese

E Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F
Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre
Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet
Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard

THURSDAY, APRIL 19, 2007

3465

Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Heard, K Heckstall
Y Hembree Y Henson Y Hill, C Y Hill, C.A E Holmes

Loudermilk Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Williams, A Y Williams, E Y Williams, M 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.

Representatives Fludd of the 66th 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 Forster of the 3rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

SB 77.

By Senators Williams of the 19th, Tolleson of the 20th, Pearson of the 51st, Whitehead, Sr. of the 24th, Bulloch of the 11th and others:

A BILL to be entitled an Act to amend Code Section 40-2-88 of the Official Code of Georgia Annotated, relating to reciprocal agreements for registration of commercial vehicles on apportionment basis, so as to direct local tag agents to register vehicles under the International Registration Plan; 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:

E Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J
Fludd

Y Holt E Horne Y Houston
Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford

E Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B
Sims, C Y Sims, F
Sinkfield Y Smith, B Y Smith, L Y Smith, R

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Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A E Holmes

Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Murphy Y Neal Y Nix
Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall E Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal
Rynders Y Sailor Y Scott, A

Y Smith, T Y Smith, V Y Smyre
Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet
Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R
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 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.

SB 226. By Senators Harp of the 29th, Hill of the 4th, Hudgens of the 47th, Chapman of the 3rd and Tolleson of the 20th:

A BILL to be entitled an Act 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 qualified soil scientists shall be accepted by the Department of Natural Resources for certain purposes; to define certain terms; 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 evaluations and reports of qualified soil scientists shall be accepted by the Department of Human Resources for certain purposes; to define certain terms; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

THURSDAY, APRIL 19, 2007

3467

On the passage of the Bill, the roll call was ordered and the vote was as follows:

E Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J
Fludd Forster Y Franklin Y Frazier Y Freeman Gardner Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Hanner E Harbin Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A E Holmes

Y Holt E Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas 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 Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix
Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall E Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Scott, M Y Sellier
Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet
Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, M 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.

Representatives Forster of the 3rd, Hatfield of the 177th 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.

SB 263. By Senators Bulloch of the 11th and Tolleson of the 20th:

A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 2 of the Official Code of Georgia Annotated, relating to soil and water conservation districts, so as to change certain provisions relating to number and boundaries

3468

JOURNAL OF THE HOUSE

of soil and water conservation districts, alteration of existing districts, and formation of new districts; to change certain provisions relating to district supervisors and the number, appointment, qualifications, terms, and county election basis thereof; to change certain provisions relating to district supervisors and procedures for certain elections thereof; to change certain provisions relating to district supervisors and the chairperson, terms of elected offices, filling of vacancies, quorum, compensation, and expenses thereof; to provide for submission; to provide for contingent 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:

E Abdul-Salaam Y Abrams Y Amerson
Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas
Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J
Fludd Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E 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 Y Hudson Y Hugley Y Jackson
Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Martin Y Maxwell
May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall E Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Scott, M Y Sellier
Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet
Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

THURSDAY, APRIL 19, 2007

3469

On the passage of the Bill, the ayes were 158, 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.

SB 106. By Senators Hamrick of the 30th, Harp of the 29th, Carter of the 13th, Reed of the 35th and Tolleson of the 20th:

A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds for good behavior, so as to extend the period for which the court may require a bond with a surety for good behavior; to 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B Y Casas
Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes
Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J
Fludd Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Hatfield Y Heard, J

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord

Y Martin Y Maxwell
May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby
Mumford Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall E Reece Y Reese

Y Scott, M Y Sellier
Setzler Y Shaw
Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet
Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard

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JOURNAL OF THE HOUSE

Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Heard, K Heckstall
Y Hembree Y Henson Y Hill, C Y Hill, C.A E Holmes

Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Rice Y Roberts
Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Williams, A Williams, E
Y Williams, M 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 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.

SB 176. By Senators Tolleson of the 20th, Hill of the 4th, Grant of the 25th, Bulloch of the 11th and Williams of the 19th:

A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the State Forestry Commission, so as to change certain provisions relating to reports to the General Assembly; to 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J
Fludd Forster Y Franklin Y Frazier Freeman Y Gardner Y Geisinger Y Glanton Y Golick

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson
Jacobs Y James Y Jamieson Y Jenkins
Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight

Y Martin Y Maxwell
May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton

THURSDAY, APRIL 19, 2007

3471

Y Casas Chambers
Y Channell Y Cheokas Y Coan Y Cole
Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Gordon Graves
Y Greene Y Hamilton Y Hanner E Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A E Holmes

Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord
Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall E Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Teilhet Thomas, A.M
Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, M 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 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.

SB 298. By Senator Tolleson of the 20th:

A BILL to be entitled an Act to provide that future elections for the office of probate judge of Pulaski County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

E Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce

Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps N Everson N Fleming E Floyd, H Y Floyd, J
Fludd

Y Holt Y Horne
Houston Y Howard Y Hudson Y Hugley Y Jackson
Jacobs Y James Y Jamieson
Jenkins Jerguson Y Johnson, C

Martin N Maxwell
May Y McCall Y McKillip Y Meadows Y Millar N Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford

N Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Y Shipp N Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L
Smith, R

3472

JOURNAL OF THE HOUSE

Y Bryant Y Buckner Y Burkhalter Y Burns
Butler Byrd Y Carter, A Y Carter, B Y Casas Chambers Y Channell Y Cheokas N Coan Y Cole Y Coleman N Collins Y Cooper N Cox Y Crawford, M Y Crawford, R Y Davis, H N Davis, S Y Day

Forster N Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon N Graves Y Greene Y Hamilton Y Hanner E Harbin N Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A E Holmes

Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen N Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord N Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

N Murphy Y Neal Y Nix Y Oliver N O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall
Reece N Reese Y Rice Y Roberts N Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin N Walker Y Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 135, nays 20.

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 "nay" thereon.

Representatives Frazier of the 123rd and Howard of the 121st stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.

SB 5.

By Senators Seabaugh of the 28th, Rogers of the 21st, Whitehead, Sr. of the 24th and Shafer of the 48th:

A BILL to be entitled an Act to state findings of the General Assembly regarding the Real ID Act; to amend Article 1 of Chapter 5 of Title 40 of the O.C.G.A., relating to general provisions regarding drivers licenses, so as to permit the Governor of Georgia to delay implementing the requirements of the Real ID Act until the Department of Homeland Security has issued regulations that the Governor finds will adequately protect the interests of the citizens of Georgia; to amend Article 2 of Chapter 5 of Title 40 of the O.C.G.A., relating to issuance, expiration, and renewal of drivers licenses, so as to require the presentation of secure and verifiable documents for

THURSDAY, APRIL 19, 2007

3473

purposes of obtaining a driver's license; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and withdrawn:
A BILL
To state findings of the General Assembly regarding the Real ID Act; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to permit the Governor of Georgia to delay implementing the requirements of the Real ID Act until the Department of Homeland Security has issued regulations that the Governor finds will adequately protect the interests of the citizens of Georgia; to require the presentation of secure and verifiable documents for purposes of obtaining a driver's license by a noncitizen; to direct certain offenders to complete a DUI Alcohol or Drug Use Risk Reduction Program within certain time frames; to provide that offenders may complete a drug court division program as set forth in Code Section 15-1-15 in lieu of a DUI Alcohol or Drug Use Risk Reduction Program for purposes of certain punishments for repeat DUI offenses and for purposes of driver's license reinstatement, issuance, or restoration; to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to provide that offenders may complete a drug court division program as set forth in Code Section 15-1-15 in lieu of a DUI Alcohol or Drug Use Risk Reduction Program for purposes of reinstatement of certain drivers licenses; to amend Code Section 52-7-12.6 of the Official Code of Georgia Annotated, relating to terms of suspension, so as to provide that offenders may complete a drug court division program as set forth in Code Section 15-1-15 in lieu of a DUI Alcohol or Drug Use Risk Reduction Program; 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. The General Assembly of Georgia finds that the Real ID Act, H.R. 1268, P.L. 109-13, enacted by Congress in 2005, established standards that state-issued drivers licenses and identification cards must meet by May 11, 2008, if the licenses or identification cards are to be accepted as valid identification by the federal government. After May 11, 2008, federal agencies are scheduled to accept only drivers licenses or identification cards that meet Real ID standards. Noncompliant cards will not be accepted for federal purposes such as boarding a domestic flight, opening a bank account, or any other service or activity over which the federal government claims jurisdiction. Each state will also be required to share data from their drivers licenses or identification cards data base with other states. The exact requirements of the Real ID Act have yet to be defined. The Department of Homeland Security was originally going to promulgate regulations by

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November, 2005. That date was changed to November, 2006. Currently, regulations are scheduled for January, 2007, but many parties feel this deadline may also pass without the regulations being issued. Because the Real ID Act was attached to a vital supplemental spending bill for defense and tsunami relief, there was no opportunity for a full examination of the consequences of the proposal. While everyone recognizes the need to make identifying documents as secure as is humanly possible, the one-size-fits-all approach required by the Real ID Act may actually increase the documents vulnerability to counterfeiting. If criminals are able to invade one state's system, they may have access to all states systems. On another front, a report from the National Conference of State Legislatures, the National Governors Association, and the American Association of Motor Vehicle Administrators suggests that the new requirements of the Real ID Act will cost states at least $11 billion over the first five years of the program. Despite this massive price tag, there has been no money appropriated to help states meet the law's demands. The Real ID Act gives the Department of Homeland Security the power to set federal standards and determine whether state drivers licenses and other identification cards meet these standards. There is no provision in the Real ID Act that requires or even mentions information privacy or data security. The federal and state governments must ensure that the data needed to verify the identity of driver's license applicants is maintained securely and not used for other unrelated purposes. The Department of Homeland Security must include privacy protections for personal driver data as they promulgate regulations spelling out what states need to do to implement the federal law. Success of the Real ID Act depends on the Department of Homeland Security and the states collaborating to find a way of implementing its requirements in a fiscally responsible and risk adjusted manner. Therefore, the Georgia Department of Driver Services is directed to withhold any legislation designed to implement the Real ID Act in Georgia until such time as the Department of Homeland Security has enacted regulations that define the exact type of information that is to be required on a state driver's license. Furthermore, before the Real ID Act is implemented in Georgia, the Governor of Georgia is entitled to review the regulations promulgated by the Department of Homeland Security and determine if they adequately safeguard and restrict use of the information in order to protect the privacy rights of the citizens of Georgia. The citizens of Georgia also recognize the importance of ensuring that drivers licenses are issued only to persons legally present in this state. Therefore, the use of secure and verifiable identification will be required in this state in order to obtain a driver's license. This requirement is in harmony with the intent of the Real ID Act to secure identification processes in this country. The Department of Driver Services is instructed to take the necessary steps to become a participant in the SAVE Program (Systematic Alien Verification for Entitlements). This program, administered by the United States Bureau of Citizenship and Immigration Services, is designed to verify the immigration status of noncitizens.

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SECTION 2. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by adding a new Code section to read as follows:
"40-5-4.1. The Governor of the State of Georgia, or his or her designee, is authorized to delay compliance with certain provisions of the federal Real ID Act, H.R. 1268, P.L. 109-13, enacted by Congress in 2005, until it is expressly guaranteed by the Department of Homeland Security, through adequately defined safeguards, that implementation of the Real ID Act will not compromise the economic privacy or biological sanctity of any citizen or resident of the State of Georgia. This Code section shall not be interpreted as limiting the Governor's discretion or authority to delay compliance with certain provisions of the Real ID Act for any other reason."
SECTION 3. Said title is further amended by adding a new Code section to read as follows:
"40-5-21.2. (a) As used in this Code section, the term:
(1) 'Department' means the Georgia Department of Driver Services. (2) 'SAVE Program' means the Systematic Alien Verification for Entitlements (SAVE) Program established by the United States Bureau of Citizenship and Immigration Services. (b) The department shall not issue an identification card, license, permit, or other official document to an applicant who is a noncitizen, until the applicant has been confirmed through the SAVE Program to be lawfully present in the United States. (c) This Code section shall not apply to instances when a federal law mandates acceptance of a document. (d) Subsection (b) of this Code section shall become effective upon the department's full implementation of the SAVE Program but not later than January 1, 2008."
SECTION 4. Said title is further amended by revising subsection (c) of Code Section 40-6-391, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, as follows:
"(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:

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(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; (D) Completion of Before or within 120 days of conviction or release from incarceration, complete 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 or enrollment and compliance for a period of six months in a drug court division program as established pursuant to Code Section 15-1-15. The sponsor of any such program a DUI Alcohol or Drug Use Risk Reduction 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

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defined in Code Section 40-5-1; provided, however, that such evaluation may be waived if the offender has completed a drug court division program which included a treatment program approved and registered with the Department of Human Resources multiple DUI offender program as provided in subsection (a.1) of Code Section 37-7-2; 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; (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 or enrollment and compliance for a period of six months in a drug court division program as established pursuant to Code Section 15-1-15. The sponsor of any such program a DUI Alcohol or Drug Use Risk Reduction 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; provided, however, that such evaluation may be waived if the offender has completed a drug court division program which included a treatment program approved and registered with the Department of Human Resources multiple DUI offender program as provided in subsection (a.1) of Code Section 37-7-2; 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."
SECTION 5. Said title is further amended by revising subparagraph (e)(1)(C) of Code Section 40-5-58, relating to habitual violators and probationary licenses, as follows:

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"(C) Such person has successfully completed, prior to the issuance of the probationary driver's license, a defensive driving course, enrollment and compliance with a drug court division program as set forth in Code Section 15-1-15, or a DUI Alcohol or Drug Use Risk Reduction Program as designated by the department;"
SECTION 6. Said title is further amended by revising subsection (b) of Code Section 40-5-62, relating to periods of revocation, conditions to restoration of license or issuance of new license, 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 Code Section 40-6-391 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 or enrollment and compliance with a drug court division program as set forth in Code Section 15-1-15. 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 7. Said title is further amended by revising subsections (a) and (c) of Code Section 40-5-63, relating to periods of suspension and conditions to return license, as follows:
"(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:
(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

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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 or $200 $210.00 or $200.00 when such reinstatement is processed by mail unless such conviction was a recidivist conviction in which case the restoration fee shall be $510.00 or $500.00 when such reinstatement is processed by mail, provided 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 Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays the prescribed restoration fee. For purposes of this paragraph, an accepted plea of nolo contendere to an offense listed in Code Section 40-5-54 by a person who is under 18 years of age at the time of arrest shall constitute a conviction. For the purposes of this paragraph only, an accepted plea of nolo contendere by a person 21 years of age or older, with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered a conviction, and the court having jurisdiction shall forward, as provided in Code Section 40-6-391.1, the record of such disposition of the case to the department and the record of such disposition shall be kept on file for the purpose of considering and counting such accepted plea of nolo contendere as a conviction under paragraphs (2) and (3) of this subsection; (2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years. At the end of 120 days, the person may apply to the department for reinstatement of said driver's license; except that if such license was suspended as a result of a second conviction of a violation of Code Section 40-6-391 within five years, the person shall not be eligible to apply for license reinstatement until the end of 18 months. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program or enrollment and compliance for a period of six months in a drug court division program as set forth in Code Section 15-1-15 and pays a restoration fee of $210 or $200 $210.00 or $200.00 when such reinstatement is processed by mail unless such conviction was a recidivist conviction in which case the restoration fee shall be $510.00 or $500.00 when processed by mail, provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, such license shall be reinstated if such person submits proof of completion of either a defensive driving program approved by the department, or a DUI Alcohol or Drug Use Risk Reduction

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Program, or enrollment and compliance for a period of six months in a drug court division program as set forth in Code Section 15-1-15 and pays the prescribed restoration fee. A driver's license suspended as a result of a conviction of a violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program or enrollment and compliance for a period of six months in a drug court division program as set forth in Code Section 15-1-15 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 40-554 within such five-year period of time shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere to a charge of violating Code Section 406-391 and all prior accepted pleas of nolo contendere within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions; or (3) Upon the third conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person shall be considered a habitual violator, and said license shall be revoked as provided for in paragraph (1) of subsection (a) of Code Section 40-5-62. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere and all prior accepted pleas of nolo contendere to a charge of violating Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions." "(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 Code Section 40-6-391 shall not become valid, shall remain suspended, and shall not be returned to such driver or otherwise reinstated until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program or enrollment and compliance for a period of six months in a drug court division program as set forth in Code Section 15-1-15."
SECTION 8. Said title is further amended by revising subsection (a) of Code Section 40-5-67.2, relating to terms and conditions for suspension of license under subsection (c) of Code

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Section 40-5-67.1, as follows: "(a) Any driver's license required to be suspended under subsection (c) of Code Section 40-5-67.1 shall be suspended subject to the following terms and conditions: (1) Upon the first suspension pursuant to subsection (c) of Code Section 40-5-67.1 within the previous five years, as measured from the dates of previous arrests for which a suspension was obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for one year. Not sooner than 30 days following the effective date of suspension, the person may apply to the department for reinstatement of his or her 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 or $200 $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 Code Section 40-567.1 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program or enrollment and compliance for a period of six months in a drug court division program as set forth in Code Section 15-1-15 and pays the prescribed restoration fee.; (2) Upon the second suspension pursuant to subsection (c) of Code Section 40-5-67.1 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for three years. The person shall be eligible to apply to the department for license reinstatement not sooner than 18 months following the effective date of suspension. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program or enrollment and compliance for a period of six months in a drug court division program as set forth in Code Section 15-1-15 and pays a restoration fee of $210 or $200 $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 Code Section 40-5-67.1 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program or enrollment and compliance for a period of six months in a drug court division program as set forth in Code Section 15-1-15 and pays the prescribed restoration fee.; and (3) Upon the third or subsequent suspension pursuant to subsection (c) of Code Section 40-5-67.1 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for five years. A driver's license suspended pursuant to Code Section 40-5-67.1 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program or enrollment and compliance for a period of six months in a drug court division program as set forth in Code Section 15-

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1-15 and pays the prescribed restoration fee. The driver may apply for a probationary license pursuant to Code Section 40-5-58 after the expiration of two years from the effective date of suspension."
SECTION 9. Said title is further amended by revising subsections (a) and (d) of Code Section 40-5-75, relating to suspension of licenses by operation of law, as follows:
"(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, transfer or traffic in a controlled substance or marijuana, 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 or $200 $210.00 or $200.00 when such reinstatement is processed by mail unless such conviction was a recidivist conviction in which case the restoration fee shall be $510.00 or $500.00 when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere 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 or $200 $210.00 or $200.00 when such reinstatement is processed by mail unless such conviction was a recidivist conviction in which case the restoration fee shall be $510.00 or $500.00 when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere and all previous pleas of nolo contendere within such five-year period of time shall constitute a conviction; and (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

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the department for a three-year driving permit upon compliance with the following conditions:
(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." "(d) Application for reinstatement of a driver's license under paragraph (1) or (2) of subsection (a) of this Code section shall be made on such forms as the commissioner may prescribe and shall be accompanied by proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. Application for reinstatement of a driver's license under paragraph (2) of subsection (a) of this Code section shall be made on such forms as the commissioner may prescribe and shall be accompanied by proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program or enrollment and compliance for a period of six months in a drug court division program as set forth in Code Section 15-1-15 and a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. Application for a three-year driving permit under paragraph (3) of subsection (a) of this Code section shall be made on such form as the commissioner may prescribe and shall be accompanied by proof of completion of an approved residential drug treatment program and a fee of $25.00 for such permit."
SECTION 10. Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, is amended by revising subsection (b) of Code Section 42-8-111, relating to court ordered installation of ignition interlock devices, as follows:

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"(b) Any resident of this state who is ordered to use an ignition interlock device, as a condition of probation, shall complete the DUI Alcohol or Drug Use Risk Reduction Program or enrollment and compliance with a drug court division program as set forth in Code Section 15-1-15 and submit to the court or probation department a certificate of completion of the DUI Alcohol or Drug Use Risk Reduction Program or enrollment and compliance with a drug court division program as set forth in Code Section 15-1-15 and certification of installation of a certified ignition interlock device to the extent required by subsection (a) of this Code section."
SECTION 11. Said chapter is further amended by revising paragraph (2) of subsection (b) of Code Section 42-8-112, relating to proof of compliance required for reinstatement of certain drivers licenses and for obtaining a probationary license, 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 40-5-67.2 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 or enrollment and compliance with a drug court division program as set forth in Code Section 15-1-15, 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 42-8111. 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 40-5-25."
SECTION 12. Code Section 52-7-12.6 of the Official Code of Georgia Annotated, relating to terms of suspension, is amended by revising subsection (a) as follows:
"(a) Any operator's privilege to operate a vessel on the waters of this state required to be suspended under subsection (d) of Code Section 52-7-12.5 shall be suspended subject to the following terms and conditions:
(1) Upon the first suspension pursuant to subsection (d) of Code Section 52-7-12.5 within the previous five years, as measured from the dates of previous arrests for which a suspension was obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for one year. Not sooner

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than 30 days following the effective date of suspension, the person may apply to the department for reinstatement of his or her operator's privilege. Such privilege shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services. An operator's privilege suspended pursuant to Code Section 52-7-12.5 shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services; (2) Upon the second suspension pursuant to subsection (d) of Code Section 52-7-12.5 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for three years. Not sooner than 120 days following the effective date of suspension, the person may apply to the department for reinstatement of the person's operator's privilege. Such privilege shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services or enrollment and compliance with a drug court division program as set forth in Code Section 15-1-15. An operator's privilege suspended pursuant to Code Section 52-7-12.5 shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services or enrollment and compliance with a drug court division program as set forth in Code Section 15-1-15; and (3) Upon the third or subsequent suspension pursuant to subsection (d) of Code Section 52-7-12.5 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for not less than five years and until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services or enrollment and compliance with a drug court division program as set forth in Code Section 15-1-15."
SECTION 13. This Act shall become effective on July 1, 2007, and apply to offenses committed on or after that date.
SECTION 14. 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 state findings of the General Assembly regarding the Real ID Act; to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, so as

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to permit the Governor of Georgia to delay implementing the requirements of the Real ID Act until the Department of Homeland Security has issued regulations that the Governor finds will adequately protect the interests of the citizens of Georgia; to require the presentation of secure and verifiable documents for purposes of obtaining a driver's license by a noncitizen; 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. The General Assembly of Georgia finds that the Real ID Act, H.R. 1268, P.L. 109-13, enacted by Congress in 2005, established standards that state-issued drivers licenses and identification cards must meet by May 11, 2008, if the licenses or identification cards are to be accepted as valid identification by the federal government. After May 11, 2008, federal agencies are scheduled to accept only drivers licenses or identification cards that meet Real ID standards. Noncompliant cards will not be accepted for federal purposes such as boarding a domestic flight, opening a bank account, or any other service or activity over which the federal government claims jurisdiction. Each state will also be required to share data from their drivers licenses or identification cards data base with other states. The exact requirements of the Real ID Act have yet to be defined. The Department of Homeland Security was originally going to promulgate regulations by November, 2005. That date was changed to November, 2006. Currently, regulations are scheduled for January, 2007, but many parties feel this deadline may also pass without the regulations being issued. Because the Real ID Act was attached to a vital supplemental spending bill for defense and tsunami relief, there was no opportunity for a full examination of the consequences of the proposal. While everyone recognizes the need to make identifying documents as secure as is humanly possible, the one-size-fits-all approach required by the Real ID Act may actually increase the documents vulnerability to counterfeiting. If criminals are able to invade one state's system, they may have access to all states systems. On another front, a report from the National Conference of State Legislatures, the National Governors Association, and the American Association of Motor Vehicle Administrators suggests that the new requirements of the Real ID Act will cost states at least $11 billion over the first five years of the program. Despite this massive price tag, there has been no money appropriated to help states meet the law's demands. The Real ID Act gives the Department of Homeland Security the power to set federal standards and determine whether state drivers licenses and other identification cards meet these standards. There is no provision in the Real ID Act that requires or even mentions information privacy or data security. The federal and state governments must ensure that the data needed to verify the identity of driver's license applicants is maintained securely and not used for other unrelated purposes. The Department of Homeland Security must include privacy protections for personal driver data as they promulgate regulations spelling out what states need to do to implement the federal law.

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Success of the Real ID Act depends on the Department of Homeland Security and the states collaborating to find a way of implementing its requirements in a fiscally responsible and risk adjusted manner. Therefore, the Georgia Department of Driver Services is directed to withhold any legislation designed to implement the Real ID Act in Georgia until such time as the Department of Homeland Security has enacted regulations that define the exact type of information that is to be required on a state driver's license. Furthermore, before the Real ID Act is implemented in Georgia, the Governor of Georgia is entitled to review the regulations promulgated by the Department of Homeland Security and determine if they adequately safeguard and restrict use of the information in order to protect the privacy rights of the citizens of Georgia. The citizens of Georgia also recognize the importance of ensuring that drivers licenses are issued only to persons legally present in this state. Therefore, the use of secure and verifiable identification will be required in this state in order to obtain a driver's license. This requirement is in harmony with the intent of the Real ID Act to secure identification processes in this country. The Department of Driver Services is instructed to take the necessary steps to become a participant in the SAVE Program (Systematic Alien Verification for Entitlements). This program, administered by the United States Bureau of Citizenship and Immigration Services, is designed to verify the immigration status of noncitizens.
SECTION 2. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, is amended by adding a new Code section to read as follows:
"40-5-4.1. The Governor of the State of Georgia, or his or her designee, is authorized to delay compliance with certain provisions of the federal Real ID Act, H.R. 1268, P.L. 109-13, enacted by Congress in 2005, until it is expressly guaranteed by the Department of Homeland Security, through adequately defined safeguards, that implementation of the Real ID Act will not compromise the economic privacy or biological sanctity of any citizen or resident of the State of Georgia. This Code section shall not be interpreted as limiting the Governor's discretion or authority to delay compliance with certain provisions of the Real ID Act for any other reason."
SECTION 3. Said chapter is further amended by adding a new Code section to read as follows:
"40-5-21.2. (a) As used in this Code section, the term:
(1) 'Department' means the Georgia Department of Driver Services. (2) 'SAVE Program' means the Systematic Alien Verification for Entitlements (SAVE) Program established by the United States Bureau of Citizenship and Immigration Services.

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(b) The department shall not issue an identification card, license, permit, or other official document to an applicant who is a noncitizen, until the applicant has been confirmed through the SAVE Program to be lawfully present in the United States. (c) This Code section shall not apply to instances when a federal law mandates acceptance of a document. (d) Subsection (b) of this Code section shall become effective upon the department's full implementation of the SAVE Program but not later than January 1, 2008."

SECTION 4. This Act shall become effective on July 1, 2007.

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:

E Abdul-Salaam N Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns
Butler Byrd Y Carter, A Y Carter, B Y Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson
Fleming E Floyd, H Y Floyd, J Y Fludd
Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves
Greene Y Hamilton Y Hanner E Harbin Y Hatfield Y Heard, J Y Heard, K

Y Holt Y Horne Y Houston
Howard Y Hudson
Hugley Y Jackson
Jacobs Y James Y Jamieson Y Jenkins
Jerguson Y Johnson, C
Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser
Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk

Y Martin Y Maxwell
May Y McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell
Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice

Y Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A

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Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A E Holmes

Y Lucas Y Lunsford Y Maddox
Mangham E Manning Y Marin

Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

N Williams, E Y Williams, M 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.

Representative Forster of the 3rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following message was received from the Senate through Mr. Ewing, the Secretary thereof:

Mr. Speaker:

The Senate has adopted by substitute, by the requisite constitutional majority, the following resolutions of the House:

HR 171. 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.

HR 351. By Representatives Lindsey of the 54th, Holmes of the 61st, Willard of the 49th, Ashe of the 56th, Jones of the 46th and others:

A RESOLUTION creating the Joint Study Committee on Fulton County; and for other purposes.

The Senate insists on its substitute to the following bill of the House:

HB 330. By Representative Stephens of the 164th:

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;

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to provide for an effective date contingent on funding; 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 366. By Representatives Bearden of the 68th, Meadows of the 5th and Tumlin of the 38th:

A BILL to be entitled an Act to amend Code Section 30-4-2, relating to right to equal public accommodations and to be accompanied by guide or service dog, so as to provide that every person engaged in the raising of a dog for training as a guide or service dog shall have the right to be accompanied by such dog in the same manner as a totally or partially blind, deaf, or physically disabled person under certain conditions; 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, Tarver of the 22nd, and Grant of the 25th.

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 9.

By Senators Rogers of the 21st, Williams of the 19th, Weber of the 40th, Moody of the 56th, Cowsert of the 46th and others:

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 2007"; 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 statutory 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 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 2007"; to provide that no classroom teacher shall be required, coerced, intimidated, or

THURSDAY, APRIL 19, 2007

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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 statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Grade Integrity Act of 2007."
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. This subsection shall not apply when a teacher has failed to comply with grading policies or rules adopted by the local board of education or written procedures established by an individual school that are applicable to the grading process, unless such policy, rule, or procedure would require a student be given a grade different than the actual grade achieved. 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. (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 report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd
Carter, A Y Carter, B Y Casas
Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J Y Fludd
Forster Y Franklin Y Frazier Y Freeman
Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E 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 Y Hudson Y Hugley Y Jackson
Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake
Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Scott, M Y Sellier
Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 163, nays 1.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

SB 15.

By Senators Wiles of the 37th, Rogers of the 21st, Mullis of the 53rd and Hill of the 32nd:

A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, so as to change

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certain provisions relating to driver's license requirement, surrender of prior licenses, and prohibition of local licenses; to change certain provisions relating to driving while license suspended or revoked; to specify punishments for driving without being licensed; to amend Code Section 424-14 of the Official Code of Georgia Annotated, relating to determination of nationality of person charged with felony or driving under the influence and confined in a jail facility, so as to provide for determination of nationality of person convicted of driving without being licensed; to provide an effective date; to repeal conflicting laws; and for other purposes.

By unanimous consent, further consideration of SB 15 was suspended until later in the legislative day.

SB 84.

By Senators Shafer of the 48th, Douglas of the 17th, Rogers of the 21st, Hudgens of the 47th, Moody of the 56th and others:

A BILL to be entitled an Act to amend Code Section 33-6-4 of the Official Code of Georgia Annotated, relating to enumeration of unfair methods of competition and unfair or deceptive acts or practices, so as to protect members of the armed forces of the United States from unscrupulous practices regarding the marketing and sale of insurance; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following amendment was read:

Representative Golick of the 34th et al. move to amend SB 84 (LC 28 3351) by striking lines 1 through 4 on page 1 and inserting in lieu thereof the following:

To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to protect members of the armed forces of the United States from unscrupulous practices regarding the marketing and sale of insurance; to provide that uninsured motorist coverage applies only to automobile liability policies and motor vehicle liability policies; to specifically exclude umbrella and excess liability policies; to provide for related matters; to repeal

By striking lines 8 through 10 on page 1 and inserting in lieu thereof the following:

Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising paragraph (14) of subsection (b) of Code Section 33-6-4, relating to enumeration of unfair methods of competition and unfair or deceptive acts or practices, and adding a new paragraph (14.1) to read as follows:

By inserting after line 18 on page 1 the following:

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SECTION 2. Said title is further amended by revising paragraph (3) of subsection (a) of Code Section 33-7-11, relating to uninsured motorist coverage under motor vehicle liability policies, as follows:
"(3) The coverage required under paragraph (1) of this subsection shall not be applicable where any insured named in the policy shall reject the coverage in writing. The coverage required under paragraph (1) of this subsection shall only apply to automobile liability policies and motor vehicle liability policies and shall not apply to umbrella or excess liability policies. The coverage need not be provided in or supplemental to a renewal policy where the named insured had rejected the coverage in connection with a policy previously issued to said insured by the same insurer. The amount of coverage need not be increased in a renewal policy from the amount shown on the declarations page for coverage existing prior to July 1, 2001. The amount of coverage need not be increased from the amounts shown on the declarations page on renewal once coverage is issued."

By redesignating Section 2 as Section 3.

Representative Keen of the 179th moved that the Golick amendment be printed and placed upon the desks.

The motion prevailed.

By unanimous consent, further consideration of SB 84 was suspended until later in the legislative day.

SR 139. By Senators Hill of the 32nd, Heath of the 31st, Rogers of the 21st and Hudgens of the 47th:

A RESOLUTION urging the Congress of the United States to raise the allowable deduction for health savings accounts, to allow certain older citizens to contribute additional amounts, and to make all health insurance premiums pre-tax; 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 Abrams Y Amerson Y Ashe

Y Dempsey Y Dickson Y Dollar Y Drenner

Holt Y Horne Y Houston
Howard

Y Martin Y Maxwell Y May Y McCall

Y Scott, M Y Sellier
Setzler Shaw

THURSDAY, APRIL 19, 2007

3495

Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M
Crawford, R Y Davis, H Y Davis, S Y Day

Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J Y Fludd
Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton
Hanner E Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A E Holmes

Y Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord
Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre
Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M
Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R
Wix 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.

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.

SB 234. By Senators Cowsert of the 46th, Meyer von Bremen of the 12th, Adelman of the 42nd, Smith of the 52nd, Harp of the 29th and others:

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 Secretary of State to collect a filing fee for certificates of conversion filed when a Georgia corporation, Georgia limited partnership, or Georgia limited liability company converts to a foreign corporation, foreign limited partnership, or foreign limited liability company,

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respectively; to provide that a certificate of conversion be filed with the Secretary of State to evidence a conversion; to allow a copy of a certificate of conversion be filed with the clerk of the superior court in any county in which a converting entity owns property; 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter
Burns Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J
Fludd Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Graves Y Greene Y Hamilton Y Hanner E Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Henson Hill, C Y Hill, C.A E Holmes

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord
Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar
Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall
Reece Y Reese Y Rice Y Roberts
Rogers Y Royal
Rynders Sailor Y Scott, A

Y Scott, M Y Sellier
Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 155, nays 0.

THURSDAY, APRIL 19, 2007

3497

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.

SB 23.

By Senators Douglas of the 17th, Rogers of the 21st, Schaefer of the 50th, Hawkins of the 49th, Staton of the 18th and others:

A BILL to be entitled an Act to amend Article 1 of Chapter 10 of Title 17 of the O.C.G.A., relating to criminal sentencing procedure, so as to provide that in making determinations with respect to probation and suspension of sentences, the court may inquire into and consider the legality of a prisoner's presence in the United States; to amend Article 2 of Chapter 9 of Title 42 of the O.C.G.A., relating to granting of pardons, parole, and other relief in general, so as to provide that the State Board of Pardons and Paroles may inquire into and consider the legality of a prisoner's presence in the United States when making parole decisions; to make a statement of legislative findings and intent with respect to applicability; 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:

N Abdul-Salaam N Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B Y Casas

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J
Fludd Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon

Y Holt Y Horne Y Houston Y Howard Y Hudson
Hugley Y Jackson
Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S
Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox

Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris N Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens N Stephenson Y Talton Y Teilhet

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Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M
Crawford, R Y Davis, H Y Davis, S Y Day

Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A E Holmes

Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord
Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker
Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R N Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 153, nays 6.

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.

SB 128. By Senators Carter of the 13th and Rogers of the 21st:

A BILL to be entitled an Act to amend Article 5 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the Office of the Child Advocate for the Protection of Children, so as to provide for confidentiality of records held by the Office of the Child Advocate for the Protection of Children; to provide for an effective date; 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 for confidentiality of records held by the Office of the Child Advocate for the Protection of Children; to provide specifically for the consideration of in-state and out-of-state placements for children at permanency plan hearings; to provide for procedural safeguards to assure that in a permanency hearing there is consultation with the child, in an age appropriate manner, regarding the proposed permanency and transition plan for the child; to require that foster parents, preadoptive parents, and relative caregivers are given notice of their right to be heard at certain hearings and proceedings; to provide that foster parents, preadoptive parents, and relative caregivers must be provided notice of their right to be heard at all court proceedings held

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pursuant to Article 2 of said chapter; to amend Chapter 5 of Title 49, relating to programs and protections for children and youth; to provide that the Department of Human Resources shall not disclose or use information from child abuse and neglect registries obtained from other states outside the department for any purpose other than conducting background checks to be used in foster care and adoptive placements; to permit the department to provide health and education records to children who leave foster care as a result of reaching the age of majority; 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 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended in Code Section 15-11-174, relating to the rights and powers of the advocate, by revising paragraph (2) of subsection (a) as follows:
"(2) To have access to all records and files of the division concerning or relating to a child, and to have access, including the right to inspect, copy, and subpoena records held by clerks of the various courts, law enforcement agencies, service providers, including medical and mental health, and institutions, public or private, with whom a particular child has been either voluntarily or otherwise placed for care or from whom the child has received treatment within the state. To the extent any such information provides the names and addresses of individuals who are the subject of any confidential proceeding or statutory confidentiality provisions, such names and addresses or related information which has the effect of identifying such individuals shall not be released to the public without the consent of such individuals. The Office of the Child Advocate for the Protection of Children is bound by all confidentiality safeguards provided in Code Sections 49-5-40 and 49-5-44. Anyone wishing to obtain records held by the Office of the Child Advocate shall petition the original agency of record where such records exist;"
SECTION 2. Said chapter is further amended by adding a new Code section to read as follows:
"15-11-55.1. In advance of any hearing or other proceeding to be held with respect to a child pursuant to Code Section 15-11-55 or a deprivation hearing to be held with respect to a child pursuant to paragraph (3) of subsection (c) of Code Section 15-11-49 and Code Sections 15-11-39 and 15-11-39.2, the court shall provide notice or shall direct that a party shall provide notice of such hearing or other proceeding, including their right to be heard at such hearing or other proceeding, to the foster parents of the child, and to any preadoptive parents or relatives providing care for the child, consistent with the form and timing of notice to parties; provided, however, that this provision shall not be construed to require a foster parent, preadoptive parent, or relative caring for the child

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to be made a party to the hearing solely on the basis of such notice and right to be heard."
SECTION 3. Said chapter is further amended in Code Section 15-11-58, relating to case plans, permanency plans, and other court proceedings regarding deprived juveniles, by revising paragraph (4) of subsection (o) as follows:
"(4) The parents, the custodian of the child, the foster parents of the child, any preadoptive parent or relative providing care for the child, and other parties shall be given written notice of a permanency hearing at least five days in advance and shall be advised that the permanency plan recommended by the Division of Family and Children Services of the Department of Human Resources will be submitted to the court for consideration to become an order of the court. Procedural safeguards shall be applied with respect to parental rights pertaining to the removal of the child from the home of his or her parents, to a change in the child's placement, and to any determination affecting visitation privileges of parents. Procedural safeguards shall also be applied to assure that the court or the judicial citizen review panel conducting a permanency hearing, including any hearing regarding transition of the child from foster care to independent living, shall consult, in an age-appropriate manner, with the child regarding the proposed permanency or transition plan for such child. The provisions of subsection (p) of this Code section concerning notice, opportunity to be heard, authority of the court, and content of the court's order are applicable to proceedings under this paragraph."
SECTION 4. Said chapter is further amended in Code Section 15-11-58, relating to case plans, permanency plans, and other court proceedings regarding deprived juveniles, by revising paragraph (6) of subsection (o) as follows:
"(6) The court or judicial citizen review panel which conducts the permanency hearing shall determine, as a finding of fact, whether the Division of Family and Children Services of the Department of Human Resources has made reasonable efforts to finalize the permanency plan which is in effect at the time of the hearing. Further, the court or the judicial citizen review panel, if applicable, shall determine as a finding of fact whether, in the case of a child placed out of the state, the out-of-state placement continues to be appropriate and in the best interest of the child and, in the case of a child who has attained the age of 14, shall determine the services needed to assist the child to make a transition from foster care to independent living. Also, in the case of a child whose permanency plan provides that the child will not be returned to the parent, the court or judicial citizen review panel, if applicable, shall consider instate and out-of-state placement options for such child. Such findings of fact shall be made a part of the report of the judicial citizen review panel to the court and any supplemental order entered by the court. The provisions of subsection (p) of this Code

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section concerning notice, opportunity to be heard, authority of the court, and content of the court's order are applicable to proceedings under this paragraph."
SECTION 5. Said chapter is further amended in Code Section 15-11-58, relating to case plans, permanency plans, and other court proceedings regarding deprived juveniles, by revising subsection (p) as follows:
"(p) In advance of each review, or hearing, or other proceeding to be held with respect to a child pursuant to this Code section, the court shall provide written notice or shall direct that a party shall provide written notice of such review, or hearing, or other proceeding, including their right to be heard at such review, or hearing, or other proceeding to the custodian of the child, to the foster parents of the child, and to any preadoptive parents or relatives providing care for the child, consistent with the form and timing of notice to parties; provided, however, that this provision shall not be construed to require a custodian, foster parent, preadoptive parent, or relative caring for the child to be made a party to the review, hearing, or other proceeding solely on the basis of such notice and opportunity to be heard. At each such review, hearing, or proceeding, the court in its discretion, based upon the evidence, may enter an order accepting or rejecting any report of the Division of Family and Children Services of the Department of Human Resources, ordering an additional evaluation, appointing a guardian ad litem, or undertaking such other review as it deems necessary and appropriate to determine the disposition that is in the child's best interest. The court's order may incorporate all or part of the report of the Division of Family and Children Services of the Department of Human Resources. In its order the court shall include findings of fact which reflect the court's consideration of the oral and written testimony offered by the parents, the custodian of the child, the foster parents of the child, any preadoptive parents or relatives providing care for the child who are required to be provided with notice and a right to be heard in any review, or hearing, or proceeding to be held with respect to the child, and the Division of Family and Children Services of the Department of Human Resources. A disposition may be made under the terms of this Code section only if the court finds that such disposition is in the best interest of the child."
SECTION 6. Said chapter is further amended by revising Code Section 15-11-104, relating to the applicability of Article 1 of Chapter 11 of Title 15 to Article 2, to read as follows:
"15-11-104. In a proceeding under this article, the provisions of Article 1 of this chapter shall apply unless in conflict with this article. In advance of any hearing or other proceeding to be held with respect to a child pursuant to this article, the court shall provide written notice or shall direct that a party shall provide written notice of such hearing or other proceeding, including their right to be heard at such hearing or other proceeding, to the foster parents of the child and to any preadoptive parents or relatives providing care for

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the child, consistent with the form and timing of notice to parties; provided, however, that this provision shall not be construed to require a foster parent, preadoptive parent, or relative caring for the child to be made a party to the hearing solely on the basis of such notice and right to be heard."
SECTION 7. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protections for children and youth, is further amended by adding a new subsection (c) to Code Section 49-5-40, relating to definitions and confidentiality of records, to read as follows:
"(c) Each and every record concerning child abuse or neglect which is received by the department from the child abuse and neglect registry of any other state shall not be disclosed or used outside the department for any other purpose other than conducting background checks to be used in foster care and adoptive placements."
SECTION 8. Said chapter is further amended by adding a new paragraph (12) to subsection (c) of Code Section 49-5-41, relating to persons and agencies permitted access to records, to read as follows:
"(12) An individual, at the time such individual is leaving foster care by reason of having attained the age of majority, but such access shall be limited to providing such individual with a free copy of his or her health and education records, including the most recent information available."
SECTION 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representative Oliver of the 83rd moves to amend the Committee substitute to SB 128 as follows:
Page 1, line 23, by adding the word "data,"
following the word all
Page 1, line 23, by deleting the following: "concerning or relating to a child"

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Page 1, line 25, by adding the following: "the division,"
after the word by.
Representative Ehrhart of the 36th moved that the Oliver amendment be printed and placed upon the desks.
The motion prevailed.
By unanimous consent, further consideration of SB 128 was suspended until later in the legislative day.
The Speaker announced the House in recess until 1:30 o'clock, this afternoon.

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AFTERNOON SESSION
The Speaker called the House to order.
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 445. By Senators Unterman of the 45th, Reed of the 35th, Johnson of the 1st and Orrock of the 36th:
A RESOLUTION creating the Joint Commercial Sexual Exploitation of Minors Study Commission; to provide for the membership, powers, duties, and mission of the commission; to provide for related matters; and for other purposes.
By unanimous consent, the following Resolution of the Senate was read the first time and referred to the Committee:
SR 445. By Senators Unterman of the 45th, Reed of the 35th, Johnson of the 1st and Orrock of the 36th:
A RESOLUTION creating the Joint Commercial Sexual Exploitation of Minors Study Commission; to provide for the membership, powers, duties, and mission of the commission; to provide for related matters; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
The following Resolutions of the House were read:
HR 889. By Representatives Mangham of the 94th, Brooks of the 63rd, Watson of the 91st, Abdul-Salaam of the 74th, Thomas of the 55th and others:
A RESOLUTION honoring and remembering the life of Davidayon MeyersKelley; and for other purposes.
HR 890. By Representatives Murphy of the 120th and Howard of the 121st:
A RESOLUTION recognizing and commending the Reverend Charles E. Goodman, Jr.; and the Tabernacle Baptist Church; and for other purposes.

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HR 891. By Representative Johnson of the 75th:
A RESOLUTION commending the Clayton County 2006-2007 STAR student, Mai Thi Xuan Tran, and STAR teacher, A'Sherrie Wisrael; and for other purposes.
HR 892. By Representative Everson of the 106th:
A RESOLUTION recognizing Mr. Jeff Timler; and for other purposes.
HR 893. By Representative Smith of the 70th:
A RESOLUTION recognizing the Honorable Mao Guanglie, Mayor of Ningbo; and for other purposes.
HR 894. By Representative Smith of the 70th:
A RESOLUTION recognizing Mr. Lai Yunlai, Chairman, Lehui Enterprises, Ningbo, Peoples Republic of China; and for other purposes.
HR 895. By Representative Horne of the 71st:
A RESOLUTION congratulating Hayden O'Kelley on winning the Grand National Cross Country National Championship; and for other purposes.
HR 896. By Representative Horne of the 71st:
A RESOLUTION commending and congratulating Paul Sanford on winning his second traditional state wrestling championship; and for other purposes.
HR 897. By Representatives Carter of the 159th and Burns of the 157th:
A RESOLUTION congratulating Temcor on being named Georgia's Manufacturer of the Year; and for other purposes.
HR 898. By Representative Carter of the 159th:
A RESOLUTION commending the South Effingham High School robotics team; and for other purposes.
HR 899. By Representative Mitchell of the 88th:
A RESOLUTION commending and congratulating Mildred and Wayne Hall on 60 years of marriage; and for other purposes.

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HR 901. By Representatives Reece of the 11th, Dempsey of the 13th, Loudermilk of the 14th and Crawford of the 16th:
A RESOLUTION commending Mr. William Doughtry; and for other purposes.
HR 902. By Representatives Reece of the 11th, Dempsey of the 13th, Loudermilk of the 14th and Crawford of the 16th:
A RESOLUTION commending Casey Underhill; and for other purposes.
HR 903. By Representatives Reece of the 11th, Dempsey of the 13th, Loudermilk of the 14th and Crawford of the 16th:
A RESOLUTION commending Eric Lewis Angel; and for other purposes.
HR 904. By Representatives Reece of the 11th, Dempsey of the 13th, Loudermilk of the 14th and Crawford of the 16th:
A RESOLUTION commending Robert Lewis Day; and for other purposes.
HR 905. By Representatives Reece of the 11th, Dempsey of the 13th, Loudermilk of the 14th and Crawford of the 16th:
A RESOLUTION commending Ms. Leigha Burham; and for other purposes.
HR 906. By Representatives Reece of the 11th and Coleman of the 97th:
A RESOLUTION commending Sharon Melody Weaver; and for other purposes.
HR 907. By Representatives Reece of the 11th, Yates of the 73rd, Crawford of the 16th, Loudermilk of the 14th and Dempsey of the 13th:
A RESOLUTION recognizing "Buddy Poppy Day" and the Veterans of Foreign Wars (VFW) Post 4911 in Floyd County; and for other purposes.
HR 908. By Representatives Reece of the 11th and Coleman of the 97th:
A RESOLUTION commending Dr. Alan Perry; and for other purposes.
HR 909. By Representatives Reece of the 11th and Coleman of the 97th:
A RESOLUTION commending Ms. Gail Hones; and for other purposes.

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HR 910. By Representatives Reece of the 11th and Coleman of the 97th: A RESOLUTION commending Madeline Myers; and for other purposes.

HR 911.

By Representatives Reece of the 11th and Coleman of the 97th:
A RESOLUTION recognizing Trion Elementary School for its designation as a 2007 Georgia School of Excellence and commending its principal, Ms. Phaedra Roberts; and for other purposes.

HR 912.

By Representatives Reece of the 11th, Dempsey of the 13th, Loudermilk of the 14th and Crawford of the 16th:
A RESOLUTION commending Ms. June Mathis; and for other purposes.

HR 913. By Representative Reece of the 11th: A RESOLUTION congratulating Nic Parris; and for other purposes.

HR 914. By Representative Reece of the 11th: A RESOLUTION congratulating Trevor Burdick; and for other purposes.

HR 915. By Representatives Reece of the 11th and Coleman of the 97th: A RESOLUTION recognizing Mike Poole; and for other purposes.

HR 916.

By Representative Reece of the 11th:
A RESOLUTION commending Season Helms and the Trion High School Debate Team; and for other purposes.

HR 917.

By Representative Reece of the 11th:
A RESOLUTION commending Cameron Kunzelman and the Trion High School Debate Team; and for other purposes.

HR 918.

By Representative Reece of the 11th:
A RESOLUTION commending Joseph McWhorter and the Trion High School Debate Team; and for other purposes.

HR 919.

By Representative Reece of the 11th:
A RESOLUTION commending Coach Kevin Trobaugh and the Trion High School Debate Team; and for other purposes.

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HR 920. By Representative Reece of the 11th:
A RESOLUTION commending Caleb Allred and the Trion High School Debate Team; and for other purposes.
HR 921. By Representative Reece of the 11th:
A RESOLUTION recognizing Volunteer Firefighter Allen "Butch" Eleam; and for other purposes.
HR 922. By Representatives Lindsey of the 54th and Thomas of the 55th:
A RESOLUTION recognizing and commending Morris Brandon Elementary School on its designation as a 2007 Georgia School of Excellence in reading and math assessments; and for other purposes.
HR 923. By Representative Hudson of the 124th:
A RESOLUTION recognizing John Hancock Academy; and for other purposes.
HR 924. By Representative Hudson of the 124th:
A RESOLUTION congratulating Charlie and Jo deBeaugrine on the occasion of their golden wedding anniversary; and for other purposes.
HR 925. By Representatives Lunsford of the 110th, Lewis of the 15th, Jackson of the 161st, Channell of the 116th, Parrish of the 156th and others:
A RESOLUTION honoring Georgian families; and for other purposes.
HR 926. By Representatives Royal of the 171st, England of the 108th, Roberts of the 154th, Floyd of the 147th, McCall of the 30th and others:
A RESOLUTION commending the leadership of the 25x'25 National Organization; and for other purposes.
HR 927. By Representatives Richardson of the 19th and Hembree of the 67th:
A RESOLUTION commending Stacey L. Taylor; and for other purposes.

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HR 928. By Representative Buckner of the 130th:
A RESOLUTION celebrating the centennial anniversary of Junction City Baptist Church; and for other purposes.
HR 929. By Representative Glanton of the 76th:
A RESOLUTION commending the 2007 Jonesboro High School mock trial team; and for other purposes.
HR 930. By Representative Drenner of the 86th:
A RESOLUTION commending Officer Geoffrey S. Geoffrion of the Clarkston Police Department; and for other purposes.
HR 931. By Representative Drenner of the 86th:
A RESOLUTION commending Officer Carlos Chipoco of the Clarkson Police Department; and for other purposes.
HR 932. By Representative Ralston of the 7th:
A RESOLUTION honoring the life of Mr. Glenn Berns and expressing regret at his passing; and for other purposes.
HR 933. By Representative Ralston of the 7th:
A RESOLUTION honoring and congratulating Mr. Byron L. Dobbs on the occasion of his 50th year in radio; and for other purposes.
HR 934. By Representative Black of the 174th:
A RESOLUTION commending Mrs. Lenore G. Shackelford; and for other purposes.
HR 935. By Representatives Rogers of the 26th, Collins of the 27th, Mills of the 25th and Benton of the 31st:
A RESOLUTION honoring and remembering the life of Charles Scott Caston; and for other purposes.

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HR 936. By Representative Bryant of the 160th:
A RESOLUTION commending Reverend Thurmond N. Tillman for his life of dedicated service to his church and recognizing him on the anniversary of his 25th year of service to his congregation; and for other purposes.
HR 937. By Representatives Wix of the 33rd, Johnson of the 37th, Teilhet of the 40th, Richardson of the 19th, Tumlin of the 38th and others:
A RESOLUTION honoring the memory of Virginia Thompson and expressing regret at her passing; and for other purposes.
HR 938. By Representatives Wix of the 33rd, Johnson of the 37th, Teilhet of the 40th, Richardson of the 19th, Tumlin of the 38th and others:
A RESOLUTION expressing sympathy at the passing of G. Brian Thompson; and for other purposes.
HR 939. By Representative Parrish of the 156th:
A RESOLUTION remembering Mr. F. Dickson Durden; and for other purposes.
HR 940. By Representative Graves of the 12th:
A RESOLUTION commending the Autism Speaks Foundation and recognizing the May 19, 2007, Annual Walk for Autism in Atlanta, Georgia; and for other purposes.
HR 941. By Representatives Brooks of the 63rd, Williams of the 165th, Smyre of the 132nd, Jones of the 44th, Abrams of the 84th and others:
A RESOLUTION honoring Mr. John Roosevelt "Jackie" Robinson; and for other purposes.
HR 942. By Representative Powell of the 29th:
A RESOLUTION congratulating Charles and Sara Brooks Graves; and for other purposes.
HR 943. By Representatives Drenner of the 86th, Watson of the 91st, Williams of the 89th, Mitchell of the 88th, Abrams of the 84th and others:

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A RESOLUTION expressing regret at the catastrophic events in Blacksburg, Virginia; and for other purposes.
HR 944. By Representatives Brooks of the 63rd, Martin of the 47th, Williams of the 165th, Smyre of the 132nd, Mangham of the 94th and others:
A RESOLUTION celebrating the life and accomplishments of Coach Eddie Robinson; and for other purposes.
HR 945. By Representatives Smith of the 70th and Horne of the 71st:
A RESOLUTION remembering Rebecca Miolen; and for other purposes.
HR 946. By Representatives Jackson of the 161st, Williams of the 165th and James of the 135th:
A RESOLUTION commending Mr. Royce Everett Collins; and for other purposes.
HR 947. By Representatives Smith of the 70th and Horne of the 71st:
A RESOLUTION commending Bobby W. Welch; and for other purposes.
HR 948. By Representatives Mangham of the 94th, Watson of the 91st, Sailor of the 93rd and Mitchell of the 88th:
A RESOLUTION honoring Senior Pastor Jesse Curney III and New Mercies Christian Church; and for other purposes.
HR 949. By Representative Mangham of the 94th:
A RESOLUTION recognizing and commending Ethan Suber for outstanding contributions to educations in the State of Georgia; and for other purposes.
HR 950. By Representative Mangham of the 94th:
A RESOLUTION recognizing and commending Tim Wells for outstanding contributions to educations in the State of Georgia; and for other purposes.
HR 951. By Representative Mangham of the 94th:
A RESOLUTION recognizing and commending Derek Kirbow for outstanding contributions to educations in the State of Georgia; and for other purposes.

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HR 952. By Representative Mangham of the 94th:

A RESOLUTION recognizing and commending Farrie Dailey for outstanding contributions to educations in the State of Georgia; and for other purposes.

HR 953. By Representative Mangham of the 94th:

A RESOLUTION recognizing and commending Kenya Burgess for outstanding contributions to educations in the State of Georgia; and for other purposes.

HR 954. By Representative Reece of the 11th:

A RESOLUTION commending Mr. Lamar Turner; and for other purposes.

On the adoption of the Resolutions, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams
Amerson Y Ashe Y Barnard Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas
Chambers Y Channell Y Cheokas Y Coan
Cole Y Coleman Y Collins Y Cooper Y Cox

Y Dempsey Y Dickson 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
Franklin Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Hatfield Y Heard, J Heard, K Heckstall

Y Holt Y Horne Y Houston
Howard Y Hudson
Hugley Y Jackson Y Jacobs Y James
Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S
Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas
Lewis Y Lindsey Y Lord Y Loudermilk
Lucas

Y Martin Maxwell
Y May Y McCall
McKillip Y Meadows Y Millar
Mills Y Mitchell E Morgan
Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake
Porter Y Powell Y Pruett Y Ralston
Randall Y Reece Y Reese Y Rice Y Roberts

Y Scott, M Y Sellier
Setzler Y Shaw
Sheldon Y Shipp Y Sims, B
Sims, C Y Sims, F Y Sinkfield
Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Stanley-Turner Y Starr Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Walker Y Watson Wilkinson Y Willard Williams, A Williams, E

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Crawford, M Crawford, R Y Davis, H Y Davis, S Y Day

Y Hembree Y Henson Y Hill, C Y Hill, C.A E Holmes

Lunsford Y Maddox Y Mangham E Manning
Marin

Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the adoption of the Resolutions, the ayes were 136, nays 0.

The Resolutions were adopted.

Representatives Beasley-Teague of the 65th 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.

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 115. By Senators Shafer of the 48th, Johnson of the 1st, Williams of the 19th, Rogers of the 21st, Pearson of the 51st and others:

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 the licensure provisions for residential and general contractors; to revise certain definitions; to provide that the State Licensing Board for Residential and General Contractors may provide interpretation and guidance on the policies and procedures of the board; to provide for inactive licenses; to provide for categories of licenses; to allow the board to contract for the development and administration of examinations; to revise the manner of renewing licenses; to provide for penalties for intentionally attempting to evade licensing requirements; to provide for exceptions to licensing requirements; 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 41 of Title 43 of the Official Code of Georgia Annotated, relating to residential and general contractors, so as to revise the licensure provisions for residential and general contractors; to revise certain definitions; to provide that the State Licensing Board for Residential and General Contractors may provide interpretation and guidance on the policies and procedures of the board; to provide for inactive licenses; to provide for categories of licenses; to allow the board to contract for the development and

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administration of examinations; to revise the manner of renewing licenses; to revise certain dates; to provide for penalties for intentionally attempting to evade licensing requirements; to provide for exceptions to licensing requirements; to provide for a period to file applications for exemption; to provide for the posting of certain licensing requirements and the effective dates of such 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 41 of Title 43 of the Official Code of Georgia Annotated, relating to residential and general contractors, is amended by revising paragraphs (4), (5), and (7) of Code Section 43-41-2, relating to definitions, as follows:
"(4) 'Contractor,' except as specifically exempted by this chapter, means a person who is qualified, or required to be qualified, under this chapter and who, for compensation, contracts to, offers to undertake or undertakes to, submits a bid or a proposal to, or personally or by others performs the construction or the management of the construction of improvements to real property for an owner, including of any building, bridge, or other structure, including a person who installs industrialized buildings as defined in paragraphs (3) and (4) of Code Section 8-2-111, for the construction or improvement of, addition to, or the repair, alteration, or remodeling, or demolition of any such building, bridge, or other structure, including related improvements to the real property, for use by the owner or by others or for resale to others. The term 'contractor' for purposes of this chapter shall include a person who contracts to, undertakes to, or submits a bid or proposal to perform, or otherwise does himself or herself perform, for an owner:
(A) Construction management services relative to the performance by others of such construction activities where the person performing such construction management services is at risk contractually to the owner for the performance and cost of the construction; and (B) Services of a contractor as part of performance of design-build services, whether as a prime contractor, joint venture partner, or as a subcontractor to a design professional acting as prime contractor as part of a design-build entity or combination. Both residential and general contractors, in addition to contractors licensed under Chapter 14 of this title to perform such work or any component thereof, shall be permitted to construct storm-water management systems comprising any storm-water conveyance or storm-water detention facility that moves storm or surface water from a specific point on a wholly contained construction project site to another specific point on the same project site and which are wholly contained within the project site and are not part of or connected to any public or private water treatment system, waste-water treatment system, or storm-water system.

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(5) 'General contractor' means a contractor whose services are unlimited as to the type of work which he or she may do, subject to the financial limitations as may be imposed by a subclassification created pursuant to paragraph (8) of subsection (b) of Code Section 43-41-5, and who may contract for, undertake to perform, submit a bid or a proposal or otherwise offer to perform, and perform any activity or work as a contractor requiring licensure under this chapter including within its scope any work requiring licensure under Chapter 14 of this title; provided, however, that any work contractually undertaken by a general contractor in the nature of electrical contracting, plumbing, conditioned air contracting, low voltage contracting, or utility contracting which falls within the licensing requirements of Chapter 14 of this title may not be performed by the general contractor but shall only be performed by a person who is duly licensed to perform such work under Chapter 14 of this title. The construction of all private, commercial, institutional, industrial, public, and other buildings and structures under contract with or engagement directly by an owner shall be undertaken by a general contractor, except as otherwise expressly set forth in or excluded from operation of this chapter." "(7) 'Qualifying agent' means a person who possesses the requisite skill, knowledge, and experience and has the responsibility to supervise, direct, manage, and control all of the contracting activities within the State of Georgia of a contractor doing business in the form of a business organization, with which he or she is affiliated by employment or ownership; who has the responsibility to supervise, direct, manage, and control construction activities on a job any project for which he or she has obtained the building permit pursuant to Code Section 43-41-14; and whose technical and personal qualifications have been determined by investigation and examination as provided in this chapter, except as exempted under Code Section 43-41-8, as attested by the division."
SECTION 2. Said chapter is further amended by revising subsections (b) and (c) of Code Section 4341-3, relating to the creation of State Licensing Board for Residential and General Contractors, as follows:
"(b) The residential contractor division shall consist of seven members and, except as otherwise expressly stated in this chapter, shall have jurisdiction of and authority over the practice of the two subcategories of residential contracting, residential-basic contractors and residential-light commercial contractors. Five members shall be residential contractors eligible for licensure under this chapter. Effective July 1, 2007 2008, all residential contractor members shall be required to be licensed under this chapter. At least two of the residential contractor members shall be qualified to perform residential-light commercial type projects; three shall be qualified and shall predominantly perform residential-basic type projects; one shall be a residential contractor whose business predominately involves remodeling projects; one shall be a residential contractor who constructs at least an average of 20 residences per year; and all must be geographically diverse. One member shall be a public building official and

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one member shall be a public member. The public member shall have no ties with the residential construction industry and shall represent the interests of the public at large. The initial member terms on the residential contractor division shall be staggered so that all terms do not expire simultaneously. Three members shall serve initial terms of five years, three members shall serve initial terms of four years, and one member shall serve an initial term of three years. The residential contractor division shall meet at least six times each year for the purpose of transacting such business as may properly come before it. (c) The general contractor division shall consist of seven members and, except as otherwise expressly stated in this chapter, shall have jurisdiction of and authority over the practice of general contracting. Five members shall be general contractors eligible for licensure under this chapter. Effective July 1, 2007 2008, 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 chapter is further amended by revising subsections (b) and (f) of Code Section 4341-5, relating to board meetings and the power of the board and its divisions, as follows:
"(b) The board and its divisions shall have the power to: (1) Request from the various departments, agencies, and authorities of the state and its political subdivisions and their agencies and authorities such available information as they may require in their work; and all such departments, agencies, and authorities shall furnish such requested available information to the board and its divisions within a reasonable time; (2) Provide by regulation for reciprocity with other states or territories of the United States in the licensing of residential and general contractors, provided that such other states have requirements substantially equal to the requirements in force in this state for registration, licensure, or certification and that any such contractor holding a current and valid license, certificate, or registration from another state or territory seeking licensure by way of reciprocity shall demonstrate that such applicant meets, in the discretion of the respective division, the qualifications, requirements, and criteria set forth in Code Section 43-41-6, other than the requirement to take and pass an examination as set forth in subsection (d) of Code Section 43-41-6, and that such applicant is otherwise in compliance with all requirements of the State of Georgia for

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transaction of such business within this state; provided, further, that a similar privilege is offered to residents of this state by the other state or territory; (3) Establish and adjust fees as necessary within the limits set forth in Chapter 1 of this title; (4) Adopt official seals for their use and change them at pleasure; (5) Establish the policies and procedures for regulating the businesses of residential contracting and general contracting and provide interpretation and guidance regarding the implementation and application of such policies and procedures; (6) Determine qualifications for licensure or certification, including such experience requirements as the board deems necessary; and (7) Promulgate and adopt rules and regulations necessary to carry out this chapter; (8) Establish and define appropriate categories of general contractor licensure based upon financial criteria; and (9) Allow for inactive status pursuant to Code Section 43-1-22." "(f) The denial of a license on grounds other than those enumerated in this chapter, the issuance of a private reprimand, the denial of a license by reciprocity, the denial of a request for reinstatement of a revoked license, or the refusal to issue a previously denied license shall not be considered to be a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Notice and hearing within the meaning of Chapter 13 of Title 50 shall not be required, but the applicant or licensee shall be allowed to appear before the board appropriate division if he or she so requests."
SECTION 4. Said chapter is further amended by revising subsections (a), (f), (i), and (j) of Code Section 43-41-6, relating to eligibility for licensure as residential-basic contractor, residential-light commercial contractor, and general contractor, as follows:
"(a) Anyone seeking to be licensed as a residential contractor or as a general contractor in this state shall file an application on a form provided by the residential contractor or general contractor division, respectively, accompanied by an application fee as provided by the board. Such an application may be submitted either by:
(1) An individual person seeking issuance of a license in his or her own name for purposes of engaging in the profession of residential or general contracting in his or her own name or doing business as an individual in a trade name as a sole proprietorship; or (2) An individual person affiliated by ownership or employment with and acting as a qualifying agent for a business organization seeking to engage in the profession of residential or general contracting in the name of the business organization in accordance with and pursuant to Code Section 43-41-9. Additionally, all applicants must submit to and successfully pass an examination prepared by, prepared for, or approved by the appropriate division, except where an applicant is otherwise qualified for licensure and has satisfied the appropriate division requirements and regulations for licensure pursuant to Code Section 43-41-8 exempting

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such applicant from the examination requirement or where the applicant is an individual acting as a qualifying agent for a business organization and has previously obtained and maintained continuously a license issued by the appropriate division, either as an individual doing business in his or her own name or doing business as an individual in a trade name as a sole proprietor or as a qualifying agent for another business organization."
"(f)(1) The residential contractor division and the general contractor division shall each conduct or cause to be conducted an examination of all qualified applicants, except those exempted from the examination requirement pursuant to Code Section 43-41-8. (2) The residential contractor division shall conduct or cause to be conducted separate examinations for applicants for residential-basic and residential-light commercial licenses for the purpose of determining a particular applicant's ability to make a practical application of his or her knowledge of the profession of residential contracting in the particular subcategory for which a license is sought; the applicant's qualifications in reading plans and specifications; his or her knowledge of building codes, estimating costs, construction, ethics, contracting, and other similar matters pertaining to such residential contracting business; his or her knowledge as to the responsibilities of a residential contractor to the public and to owners, subcontractors, and suppliers; and his or her knowledge of the requirements of the laws of this state relating to residential-basic and residential light-commercial contractors, construction, workers compensation, insurance, and liens. (3) The general contractor division shall conduct or cause to be conducted an examination to ascertain the particular applicant's ability to make a practical application of his or her knowledge of the profession of commercial general contracting; the applicant's qualifications in reading plans and specifications; his or her knowledge of building codes, estimating costs, construction, ethics, contracting, and other similar matters pertaining to the general contracting business; his or her knowledge as to the responsibilities of a general contractor to the public and to owners, subcontractors, and suppliers; and his or her knowledge of the requirements of the laws of this state relating to general contractors, construction, workers compensation, insurance, surety bonding, and liens. (4) If the results of the applicant's examination are satisfactory to the appropriate division, or he or she is exempted from the examination requirement under Code Section 43-41-8, and if he or she and any affiliated business organization has met the other qualifications and requirements set forth in this Code section, then the appropriate division shall issue to the applicant a license to engage in business as a residential or general contractor in this state, as provided in such license, in his or her own name as a sole proprietor or as a qualifying agent for the affiliated business organization and in the name of such business organization, pursuant to and in accordance with the requirements set forth in Code Section 43-41-9. A residential contracting license shall indicate for which of the two subcategories, residential-basic or residential-light commercial, the licensee is qualified."

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"(i) Such licenses shall be renewable biennially. Licenses may be renewed subsequent to their expiration within six months of the date of expiration by mailing written application for submitting a renewal as prescribed by the board and paying a late renewal fee as determined by the board. After six months has elapsed from the date of expiration, such license may be reinstated in accordance with the rules and regulations of the board. (j) The division director shall give advance notice by mail to each person holding a license under this chapter of the date of the expiration of the certificate of registration and the amount of the fee required for renewal at least one month prior to the expiration date, but the failure to receive such notice shall not avoid the expiration of any license not renewed in accordance with this Code section."
SECTION 5. Said chapter is further amended by revising Code Section 43-41-8, relating to eligibility for licensure without examination, as follows:
"43-41-8. (a) Notwithstanding any other provision of this chapter to the contrary, the following persons desiring to qualify for a residential contractor license or a general contractor license under the provisions of this chapter, either individually or as a qualifying agent, shall be eligible for issuance of such a license by the appropriate division without examination, provided that such person submits a proper application and proofs, pays or has paid the required fees, otherwise meets the requirements of Code Section 43-41-6 for licensure, and is not otherwise in violation of this chapter:
(1) Any person who holds a current and valid license to engage in the comparable category of residential or general contracting issued to him or her by any governing authority of any political subdivision of this state which requires passing an examination which is substantially similar to the state examination for residential or general contractors, provided that such person is a Georgia resident and citizen, if an individual applying in his or her own behalf, or is seeking licensure as a qualifying agent for a business organization incorporated in Georgia or otherwise authorized and certified to transact business in Georgia with a regular office and place of business in Georgia currently and having had such office and place of business continuously for the five years immediately preceding such application; provided, further, that the examination results are made available to the appropriate division. Such application and request for exemption must be submitted within the time limits set forth in subsection (a) of Code Section 43-41-17; (2) Any person who has successfully and efficiently engaged in the comparable category of residential or general contracting in this state as provided in this Code section; provided, however, that such person shall be either a resident and citizen of the state of Georgia or, if applying as a qualifying agent for a business organization, such business organization shall be either incorporated in Georgia or is a business organization otherwise authorized and certified to transact business in Georgia with a regular office and place of business in Georgia currently and having had such office

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and place of business continuously for the five years immediately preceding such application; provided, further, that such application and request for exemption is submitted within the time limits set forth in subsection (a) of Code Section 43-41-17. To prove that he or she has successfully engaged in residential-basic or residentiallight commercial projects, the person shall be required to give evidence of three successful projects located in Georgia which were successfully completed over the period of five years immediately prior to the time of application; evidence of ten successfully completed residential-basic or residential-light commercial projects located in Georgia over the period of ten years immediately prior to the time of application; or evidence that he or she has participated in or been engaged in residential-basic or residential-light commercial construction in a supervisory or management capacity for seven of the ten years immediately prior to the time of application. To prove that he or she has successfully engaged in commercial general contracting, the person submitting the application shall be required to give evidence of five successful general contracting projects located in Georgia which were successfully completed over the period of five years immediately prior to the time of application or evidence of ten successful general contracting projects located in Georgia which were successfully completed over the period of ten years immediately prior to the time of application, such projects having been performed either by such person acting as an individual or by a business organization in which such individual person was affiliated by employment or ownership and over which such person had general oversight and management responsibilities; and (3) Any person who holds a current and valid license to practice a comparable category of residential or general contracting issued by another state or territory of the United States, where either such state or territory has entered into a reciprocal agreement with the board and divisions for the recognition of contractor licenses issued in that state or territory, or such application is pursuant to and in accordance with the regulations and requirements for reciprocity promulgated by the divisions in accordance with subsection (b) of Code Section 43-41-5. Additionally, such application shall meet the following requirements:
(A) The criteria for issuance of such license or certification by such other state or territory, including the requirement to successfully complete an examination, were substantially equivalent to Georgia's current license criteria; (B) The application requirements and application form submitted to the other state or territory upon which such license was issued and the examination form and substance are available for review by the appropriate division and the examination results are made available to the appropriate division; (C) The applicant shall demonstrate that he or she meets the qualifications, requirements, and criteria set forth in subsections (a), (b), (c), and (d) of Code Section 43-41-6; and (D) The applicant is otherwise in compliance with all requirements of this state for transaction of such business within this state; provided, however, that such application and request for exemption shall be submitted starting January 1, 2007,

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and continuing thereafter. in accordance with subsection (a) of Code Section 43-4117; and (4) Any person who holds a current and valid license issued under this chapter to engage in the comparable category of residential or general contracting which license was issued to him or her in their capacity either as an individual licensee or as a qualifying agent for a business organization. (b) Any applicant for issuance of a residential contractor or general contractor license under this title who shall seek exemption from the examination requirement under subsection (f) of Code Section 43-41-6 this Code section, on any basis set forth above, shall have the burden of establishing to the satisfaction and within the discretion of the appropriate division that the requirements for such exemption have been satisfied. The decision of such division as to the satisfaction of the requirements for such exemption from taking the examination shall, in the absence of fraud, be conclusive."
SECTION 6. Said chapter is further amended by revising Code Section 43-41-9, relating to licensing of individuals and organizations, as follows:
"43-41-9. (a) If an individual applicant proposes to engage in residential or general contracting in the individual's own name or a trade name where the individual is doing business as a sole proprietorship, the license shall be issued only to that individual. Where an applicant under this chapter is seeking issuance of a residential or general contractor license on behalf and for the benefit of a business organization seeking to engage in residential or general contracting as a business organization, or in any name other than the applicant's legal name or trade name where the applicant is doing business as a sole proprietorship, the application for a license under this chapter must be submitted by and through an individual qualifying agent for such business organization or entity and expressly on behalf of such business organization or entity. In such case, the license shall be issued to the individual qualifying agent and to the affiliated business organization or entity on whose behalf the application was made. It shall be unlawful for any person, firm, corporation, or association to operate a business organization or entity engaged in the business of residential or general contracting without first obtaining a license from the appropriate division after the effective date of the licensing requirements as specified in subsection (a) of Code Section 43-41-17. The appropriate division shall not issue a license to any business organization or entity to engage in residential or general contracting unless such business organization or entity employs at least one currently licensed individual residential or general contractor serving as its qualifying agent who is actually engaged by ownership or employment in the practice of residential or general contracting for such business organization or entity on a fulltime basis and provides adequate supervision and is responsible for the projects of such business organization or entity. A business organization may allow more than one person to act as a qualifying agent for such organization, subject to each such individual qualifying agent having successfully satisfied the requirements for issuance of a license

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under this chapter and having obtained issuance of such a license by the appropriate division. Each such business organization shall have at least one qualifying agent in order to be considered authorized to engage in such contracting business. (b) The application for a license by a qualifying agent must include an affidavit on a form provided by the board attesting that the individual applicant has final approval authority for all construction work performed by the business organization or entity within the State of Georgia and that the individual applicant has final approval authority on all business matters, including contracts and contract performance and financial affairs of the business organization or entity. (c) A joint venture is considered a separate and distinct organization for licensing purposes under this chapter and must be qualified and licensed in accordance with the appropriate division's rules and regulations either:
(1) In its own name as a separate business organization; or (2) By each of the members of the joint venture doing business as a residential contractor or general contractor holding, as an individual or as a business organization acting through its qualifying agent, a valid and current residential or general contractor's license issued by the appropriate division. Each such licensed individual or qualifying agent shall be considered a qualifying agent of such joint venture. (d) If, during the period encompassed by a license issued to a qualifying agent acting for and on behalf of an affiliated business organization, there is a change in any information that is required to be stated on the application, the business organization shall, within 45 days after such change occurs, mail furnish the correct information to the appropriate division. (e)(1) At least one qualifying agent shall be licensed under this chapter in order for the business organization to obtain a license as a residential or general contractor. If any qualifying agent ceases to be affiliated with such business organization, for any reason, he or she shall so inform the division having jurisdiction. In addition, if such qualifying agent is the only qualifying agent licensed hereunder affiliated with the business organization, the business organization shall promptly notify the appropriate division of the termination of the relationship with that qualifying agent and shall have 120 days from the termination of the qualifying agent's affiliation with the business organization to employ another qualifying agent and submit an application for licensure under the new qualifying agent. The submission of such application shall serve to maintain the licensed status of the business organization pending and subject to approval of such application by the appropriate division; provided that, should such application be denied by that division, then, after passage of the 120 day period, the business organization shall cease to be considered licensed as a residential or a general contractor unless and until a new application is submitted and approved by the appropriate division. In such circumstance, the affected business organization may not thereafter engage in residential or general contracting until a new qualifying agent is employed, unless the appropriate division has granted a temporary nonrenewable license to the financially responsible officer, the president or chief

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executive officer, a partner, or, in the case of a limited partnership, the general partner, who thereafter shall assume all responsibilities of a qualifying agent for the business organization or entity. This temporary license shall only allow the entity to proceed with incomplete contracts already in progress. For the purposes of this paragraph, an incomplete contract is one which has been awarded to, or entered into by, the business organization prior to the cessation of affiliation of the qualifying agent with the business organization or one on which the business organization was the low bidder and the contract is subsequently awarded, regardless of whether any actual work has commenced under the contract prior to the qualifying agent ceasing to be affiliated with the business organization. (2) The A person licensed under this chapter either as an individual doing business in his or her name or doing business in a trade name as a sole proprietor may serve as a qualifying agent for a business organization upon application and demonstration of satisfaction by such business organization of all financial and insurance requirements pursuant to Code Section 43-41-6. A qualifying agent may serve in such capacity for more than one business organization, provided that he or she shall satisfy the criteria for serving in such capacity with regard to each such business organization. A qualifying agent shall inform the division having jurisdiction in writing when he or she proposes to engage in contracting in his or her own name or in affiliation as a qualifying agent with another business organization, and he or she or such new business organization shall supply the same information to the division as required of applicants under this chapter. Such person shall be deemed to be a licensed residential or general contractor for the original term of his or her license for the purpose of engaging in contracting as an individual in his or her own name, provided that he or she qualified for such license based on his or her own personal qualifications as to financial responsibility and insurance. Otherwise, such individual shall be required to submit a new application demonstrating satisfaction of such financial and insurance requirements himself or herself in order to engage in the business of contracting under this chapter as an individual in his or her own name or doing business as an individual in a trade name as a sole proprietor or by the business organization he or she desires to qualify in order to obtain a license for such other business organization, but such person shall be entitled to continue engaging in the business of residential or general contracting in accordance with and under his or her previously issued license unless and until the appropriate division determines that the person seeking issuance of the license no longer meets these requirements. (3) Upon a favorable determination by the division having jurisdiction, after investigation of the financial responsibility, if applicable, and insurance of the qualifying agent and the new business organization applicant, the division shall issue notify the applicant, whether the applicant was previously approved as an individual or a qualifying agent, that the applicant is approved, without an examination, for a new license in the name of the qualifying agent and in the name of the new affiliated business organization.

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(f) Disciplinary action and other sanctions provided in this chapter may be administered against a business organization operating under a license issued through its licensed qualifying agent or agents in the same manner and on the same grounds as disciplinary actions or sanctions against an individual or license holder acting as its qualifying agent under this chapter. The divisions or the board may deny the license to a qualifying agent for any business organization if the qualifying agent or business organization has been involved in past disciplinary actions or on any grounds for which individual licenses can be denied. (g) Each qualifying agent shall pay the appropriate division an amount equal to the original fee for a license applied for on behalf of a new business organization. If the qualifying agent for a business organization desires to qualify additional business organizations, the division shall require him or her to present evidence of the financial responsibility, if applicable, and insurance of each such organization. (h) All qualifying agents for a business organization are jointly and equally responsible for supervision of all operations of the business organization, for all field work at all sites, and for financial matters within the State of Georgia, both for the organization in general and for each specific job for which his or her license was used to obtain the building permit. (i) Any change in the status of a qualifying agent is prospective only. A qualifying agent shall for purposes of application of this chapter and the enforcement and disciplinary mechanisms thereunder be and remain responsible for his or her actions or omissions as well as those of the business organization for which such person had acted as a qualifying agent occurring during his or her period of service as such qualifying agent as and to the extent set forth in this chapter. A qualifying agent is not responsible for his or her predecessor's actions, but is responsible, even after a change in status, for matters for which he or she was responsible while in a particular status. Further, nothing in this chapter shall be interpreted as a basis for imposition of civil liability against an individual qualifying agent by any owner or other third party claimant beyond the liability that would otherwise exist legally or contractually apart from and independent of the individual's status as a qualifying agent."
SECTION 7. Said chapter is further amended by revising Code Section 43-41-12, relating to penalty for violating provisions, as follows:
"43-41-12. (a) Any person, whether an individual or a business organization, who:
(1) Contracts for or bids upon or engages in the construction of any of the projects or works enumerated in the definitions of residential contractor or general contractor in Code Section 43-41-2 without having first complied with the appropriate provisions of this chapter or who shall attempt to practice residential contracting or general contracting in this state except as provided for in this chapter; (2) Falsely represents, advertises, or holds himself or herself or an affiliated business organization out as a residential contractor or general contractor licensee duly

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authorized to perform work under such classification of licensure pursuant to this chapter; (3) Represents or attempts to use or presents as his or her own the license of another person or, in the case of a business organization, a person other than its qualifying agent; (4) Gives false or forged evidence of any kind to the board or its divisions or to any member of the board in maintaining a license; (5) Uses an expired, suspended, or revoked license to continue engaging in residential contracting or general contracting; or (6) Operates a business organization engaged in contracting after 120 days following the termination of its only qualifying agent without designating another primary qualifying agent, except as provided in Code Section 43-41-9; or (7) Intentionally and repeatedly misrepresents or manipulates the value or percentage of work at the time of contract under subsections (e) and (f) of Code Section 43-41-17 to avoid the licensing requirements of this chapter, shall be guilty of a misdemeanor and shall, upon conviction, be punished for each such offense by a fine of not less than $500.00 or imprisonment of three months, or both fine and imprisonment in the discretion of the court. (b) Any architect or engineer who recommends to any project owner the award of a contract to anyone known by such architect or engineer not to be properly licensed under this chapter shall be subject to such penalties as provided in subsection (a) of this Code section and also to any appropriate disciplinary action by the appropriate division. (c) Except as otherwise provided in this Code section, any person who violates any provision of this chapter shall be guilty of a misdemeanor."
SECTION 8. Said chapter is further amended by revising Code Section 43-41-14, relating to the role of building inspectors and penalty for noncompliance with chapter, as follows:
"43-41-14. (a) Any person, whether an individual or a business organization acting through a qualifying agent, intending to perform work as a residential or general contractor, upon making application to the building inspector or such other authority of any incorporated municipality or county in this state charged with the duty of issuing building or other permits for contemplated construction work requiring performance by either a licensed residential contractor or a licensed general contractor shall, before being entitled to the issuance of such permit, furnish to such inspector or authority, personally or through his or her authorized agent specifically designated to act on his or her behalf in a sworn written document submitted contemporaneously or previously submitted and maintained by such inspector or authority, his or her residential contractor or general contractor license number and the identity of any business organization for which such applicant is serving as qualifying agent that is undertaking or contracting as a residential contractor or a general contractor to construct or manage the construction. It shall be unlawful for any such building inspector or other authority to issue or allow the

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issuance of such building permit unless the applicant has furnished his or her residential contractor or general contractor license number and the identity of any such business organization relative to performance of the work for which a permit has been applied. A building inspector or other authority shall issue such building permit under the terms of this Code section to any person, including an individual licensee acting on his or her own behalf or a licensee acting as a qualifying agent for a business organization and such business organization, upon evidence reasonably establishing that such person is duly licensed as a residential or general contractor under this chapter, either individually or as a business organization acting under a duly licensed qualifying agent. Any building inspector or other such authority that issues a building permit to a person known by such building inspector or authority not to be properly licensed under this chapter shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than $500.00. (b) The licensing requirements imposed by this chapter and the effective dates of such licensing requirements must be posted by any county or municipality in this state charged with the duty of issuing building or other permits for construction work requiring performance by either a licensed residential contractor or a licensed general contractor in the same location in which such building or other permits are issued."
SECTION 9. Said chapter is further amended by revising subsections (a), (b), (e), (f), (i), and (j) of Code Section 43-41-17, relating to effective date of licensing and sanctioning provisions, and adding a new subsection (n) as follows:
"(a) The licensing requirements imposed by this chapter and the sanctions and consequences relating thereto shall not become effective and enforceable until January July 1, 2008. On and after such date, no person, whether an individual or a business organization, shall have the right to engage in the business of residential contracting or general contracting without a current, valid residential contractor license or general contractor license, respectively, issued by the division under this chapter or, in the case of a business organization, unless such business organization shall have a qualifying agent as provided in this chapter holding such a current, valid residential contractor or general contractor license on behalf of such organization issued to such qualifying agent as provided in this chapter. Notwithstanding the foregoing, persons seeking licensure under this chapter and exemption from examination under paragraphs (1) and (2) of subsection (a) of Code Section 43-41-8 shall submit their applications, including all necessary proof of the basis of exemption from examination for such license, starting January 1, 2006. The period for submission of such applications and requests for exemption from the examination requirements shall extend thereafter for a period of 12 18 months. Furthermore, notwithstanding the foregoing, any person seeking licensure under this chapter and exemption from examination under paragraph (3) of subsection (a) of Code Section 43-41-8 may submit his or her application, including all necessary proof of the basis of such exemption starting January 1, 2007, and continuing thereafter.

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(b) As a matter of public policy, any contract entered into on or after January July 1, 2008, for the performance of work for which a residential contractor or general contractor license is required by this chapter and not otherwise exempted under this chapter and which is between an owner and a contractor who does not have a valid and current license required for such work in accordance with this chapter shall be unenforceable in law or in equity by the unlicensed contractor. For purposes of this subsection, a contractor shall be considered unlicensed only if the contractor was unlicensed on the effective date of the original contract for the work, if stated therein, or, if not stated, the date the last party to the contract executed such contract, if stated therein. If the contract does not establish such a date, the contractor shall be considered unlicensed only if the contractor was unlicensed on the first date upon which the contractor provided labor, services, or materials under the contract. Notwithstanding any other provision of law to the contrary, if a contract is rendered unenforceable under this subsection, no lien or bond claim shall exist in favor of the unlicensed contractor for any labor, services, or materials provided under the contract or any amendment thereto. This subsection shall not affect the rights of parties other than the unlicensed contractor to enforce contract, lien, or bond remedies. This subsection shall not affect the obligations of a surety that has provided a bond on behalf of an unlicensed contractor. It shall not be a defense to any claim on a bond or indemnity agreement that the principal or indemnitor is unlicensed for purposes of this subsection." "(e) Nothing in this chapter shall prevent any person holding a valid license issued by the State Construction Industry Licensing Board, or any division thereof, pursuant to Chapter 14 of this title from performing any work defined in the Code sections under which the license held by said person was issued. Furthermore, nothing in this chapter shall preclude a person licensed under Chapter 14 of this title to perform plumbing, conditioned air contracting, utility contracting, electrical contracting, or low-voltage contracting from offering to perform, performing, engaging in, or contracting to engage in the performance of construction work or services directly with an owner, which work or services would otherwise require a general contractor license under this chapter, where the total scope of the work to be performed is predominantly of the type for which such contractor is duly licensed to perform under Chapter 14 of this title such that any other work involved is incidental to and an integral part of the work performed within the scope of such license under said chapter and does not exceed the greater of $10,000.00 or 25 percent of the total value at the time of contracting of the work to be performed; provided, however, that such contractor may not delegate or assign the responsibility to directly supervise and manage the performance of such other work to a person unless such person is licensed under this chapter and the work being performed by such person is within the scope of that person's license. (f) Nothing in this chapter shall preclude a specialty contractor from offering or contracting to perform or undertaking or performing for an owner limited, specialty, or specific trade contractor work, which does not entail the delegation or assignment to or engagement of any other person or entity, other than direct employees, to supervise, manage, or oversee the performance of any portion of the work undertaken. However,

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nothing in this chapter shall permit a specialty contractor to perform work falling within the licensing requirements of Chapter 14 of this title where such specialty contractor is not duly licensed under such chapter to perform such work. The board shall by rule or policy by January 1, 2008 identify specialty contractors or other criteria to determine eligibility under the exemption of this subsection. The specialty contractor otherwise exempted from license requirements under this chapter may perform work for an owner that would otherwise require a license under this chapter where the total scope of the work to be performed is predominately of the type for which such specialty contractor is duly recognized as exempt under this subsection by the board, provided that such other work involved is incidental to and an integral part of the exempt work performed by the specialty contractor and does not exceed the greater of $10,000.00 or 25 percent of the total value at the time of contracting of the work to be performed." "(i) Nothing in this chapter shall preclude an architect licensed pursuant to Chapter 4 of this title or an interior designer registered pursuant to Chapter 4 of this title or an engineer registered pursuant to Chapter 15 of this title from performing work or providing services within the scope of his or her registration for the practice of architecture or interior design or license for practicing engineering. (j) Nothing in this chapter shall preclude an architect licensed pursuant to Chapter 4 of this title or an interior designer registered pursuant to Chapter 4 of this title or an engineer licensed pursuant to Chapter 15 of this title from offering to perform or offering or rendering design-build services to an owner; provided, however, that such offer or contract shall clearly indicate at the time of such offer or contract that all services of a general contractor incident to the design-build performance shall be performed by a duly licensed general contractor in compliance with other provisions of this chapter and that all services so offered or provided falling within the scope of the licensing requirements of this chapter are offered and rendered by a licensed general contractor in accordance with this chapter." "(n) Nothing in this chapter shall apply to the construction or installation of manufactured homes as defined in paragraph (4) of Code Section 8-2-131."
SECTION 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 11. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

THURSDAY, APRIL 19, 2007

3529

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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
Frazier Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E 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 Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas 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 Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston
Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L
Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin
Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M 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 Heckstall of the 62nd 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.

SB 246. By Senators Mullis of the 53rd, Thomas of the 54th, Hill of the 4th, Powell of the 23rd and Stoner of the 6th:

A BILL to be entitled an Act to amend Chapter 2 of Title 8 of the Official

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Code of Georgia Annotated, relating to standards and requirements for construction, alteration, etc. of buildings and other structures, so as to amend provisions relating to the appointment and vacancies of members to the advisory committee on industrialized buildings; to provide for changes to the composition of such committee; 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 Abrams
Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H Y Davis, S
Day

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes
Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin
Frazier Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E 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 Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins
Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser
Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis
Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston
Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet
Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 159, nays 0.

THURSDAY, APRIL 19, 2007

3531

The Bill, having received the requisite constitutional majority, was passed.

SB 210. By Senators Hooks of the 14th, Johnson of the 1st, Shafer of the 48th and Harbison of the 15th:

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 authorize the Secretary of State to designate and establish facilities occupied by a government agency as a branch depository under certain circumstances; to provide that the Division of Archives and History shall own and operate any equipment necessary to manage and retain control of electronic archival records but may contract with third parties for services related to the management of such records; to provide for related matters; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce
Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper

Y Dempsey Y Dickson 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
Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Hatfield Y Heard, J Y Heard, K

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis
Lindsey Y Lord Y Loudermilk

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston
Randall Y Reece Y Reese Y Rice

Y Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr
Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A

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Y Cox Crawford, M
Y Crawford, R Y Davis, H Y Davis, S Y Day

Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A E Holmes

Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Williams, E Y Williams, M 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 Lewis of the 15th District, Chairman of the Committee on Energy, Utilities, and Telecommunications, submitted the following report:

Mr. Speaker:

Your Committee on Energy, 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 609 Do Pass

Respectfully submitted, /s/ Lewis of the 15th
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 Senate and has instructed me to report the same back to the House with the following recommendation:

SB 102 Do Pass, by Substitute

Respectfully submitted, /s/ Cooper of the 41st
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:

THURSDAY, APRIL 19, 2007

3533

SB 225. By Senators Stoner of the 6th, Thompson of the 5th, Jones of the 10th, Hill of the 32nd and Rogers of the 21st:
A BILL to be entitled an Act to amend Chapter 44 of Title 36 of the Official Code of Georgia Annotated, relating to redevelopment powers, so as require training with respect to redevelopment powers, programs, and tax allocation districts; to create the Redevelopment Powers Training Board; to provide for members, powers, duties, and authority; to provide for funding; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL
To amend Chapter 44 of Title 36 of the Official Code of Georgia Annotated, relating to redevelopment powers, so as require training with respect to redevelopment powers, programs, and tax allocation districts; to provide for applicability and funding; to provide for the scope of review of proposed tax allocation districts by boards of education in determining whether to consent to the inclusion of educational ad valorem property taxes as a basis for computing tax allocation increments; 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 44 of Title 36 of the Official Code of Georgia Annotated, relating to redevelopment powers, is amended by adding a new Code section to read as follows:
"36-44-5.1. (a)(1) At any time after the passage of a local Act approving the exercise of redevelopment powers under this chapter and prior to the date of the public hearing on the proposed redevelopment plan, but no later than 12 months after the date of approval of the referendum required under Code Section 36-44-22, each member of the redevelopment agency, each member of the local legislative body, and each member of the affected local board of education shall attend and complete at least three hours of training on redevelopment powers and programs and tax allocation districts. (2) Such training shall be provided by an accredited university of this state or by a nonprofit membership association, the membership of which comprises local governing authorities in this state, which authorities shall include municipalities, counties, or school districts.
(b) The training required under this Code section shall only be required with respect to tax allocation districts created on or after July 1, 2007.

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(c) All costs of operating and conducting the training program, if any, shall be paid for from the local governing authority's public funds appropriated for such purposes."

SECTION 2. Said chapter is further amended in Code Section 36-44-9, relating to computation of tax allocation increments of districts, by adding a new subsection to read as follows:
"(g) When a board of education considers whether to consent to the inclusion of educational ad valorem property taxes as a basis for computing tax allocation increments as set forth in subsections (a) through (d) of this Code section:
(1) The board of education shall not make an independent inquiry as to the eligibility of the area for designation as a redevelopment area pursuant to paragraph (7) of Code Section 36-44-3; (2) The board of education shall accept the findings made by the local legislative body as required by subparagraph (G) of paragraph (3) of Code Section 36-44-8 and shall not substitute its judgment as to those findings for the judgment of the local legislative body; and (3) The board of education shall not consider estimates or projections as to the amount of educational ad valorem property taxes that would be included in the tax allocation increment that might be attributable to appreciation of property values within the tax allocation district that may occur even without the redevelopment outlined in the redevelopment plan."

SECTION 3. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 1 of this Act shall become effective on July 1, 2007.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Davis of the 109th moves to amend the Committee substitute to SB 225 as follows:

On page 2 strike lines 16 thru 20.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam N Abrams Y Amerson

N Dempsey N Dickson N Dollar

Y Holt Y Horne N Houston

N Martin Y Maxwell E May

Y Scott, M N Sellier Y Setzler

THURSDAY, APRIL 19, 2007

3535

N Ashe Barnard
Y Bearden Y Beasley-Teague N Benfield N Benton N Black N Bridges Y Brooks
Bruce N Bryant N Buckner N Burkhalter N Burns N Butler Y Byrd N Carter, A N Carter, B Y Casas N Chambers N Channell N Cheokas
Coan N Cole N Coleman N Collins N Cooper N Cox
Crawford, M N Crawford, R N Davis, H Y Davis, S Y Day

N Drenner Y Dukes N Ehrhart N England N Epps N Everson N Fleming E Floyd, H N Floyd, J N Fludd N Forster Y Franklin N Frazier N Freeman N Gardner N Geisinger N Glanton N Golick Y Gordon Y Graves N Greene N Hamilton N Hanner E Harbin Y Hatfield N Heard, J N Heard, K
Heckstall N Hembree N Henson Y Hill, C
Hill, C.A E Holmes

N Howard Y Hudson Y Hugley Y Jackson N Jacobs Y James Y Jamieson N Jenkins
Jerguson N Johnson, C N Johnson, T
Jones, J Y Jones, S Y Jordan N Kaiser N Keen Y Keown N Knight N Knox
Lakly N Lane, B N Lane, R N Levitas N Lewis N Lindsey N Lord Y Loudermilk Y Lucas
Lunsford N Maddox
Mangham E Manning N Marin

Y McCall N McKillip Y Meadows N Millar Y Mills N Mitchell E Morgan
Morris N Mosby N Mumford N Murphy N Neal N Nix N Oliver
O'Neal N Parham
Parrish N Parsons N Peake N Porter N Powell N Pruett N Ralston Y Randall Y Reece Y Reese N Rice Y Roberts N Rogers N Royal N Rynders Y Sailor N Scott, A

N Shaw N Sheldon Y Shipp
Sims, B N Sims, C N Sims, F Y Sinkfield N Smith, B N Smith, L Y Smith, R N Smith, T N Smith, V Y Smyre Y Stanley-Turner Y Starr
Stephens N Stephenson N Talton N Teilhet Y Thomas, A.M N Thomas, B N Tumlin Y Walker N Watson N Wilkinson N Willard N Williams, A Y Williams, E N Williams, M N Williams, R N Wix N Yates
Richardson, Speaker

On the adoption of the amendment, the ayes were 47, nays 110.

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 Abrams Y Amerson N Ashe Y Barnard

Y Dempsey Y Dickson Y Dollar Y Drenner N Dukes

Y Holt N Horne Y Houston Y Howard Y Hudson

Y Martin N Maxwell Y May Y McCall Y McKillip

Y Scott, M Y Sellier N Setzler N Shaw Y Sheldon

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Y Bearden N Beasley-Teague Y Benfield Y Benton Y Black Y Bridges N Brooks
Bruce Y Bryant Y Buckner
Burkhalter Y Burns Y Butler N Byrd Y Carter, A Y Carter, B
Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H N Davis, S N Day

Y Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin N Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree
Henson N Hill, C Y Hill, C.A E Holmes

N Hugley N Jackson Y Jacobs N James N Jamieson Y Jenkins
Jerguson Y Johnson, C Y Johnson, T
Jones, J Y Jones, S N Jordan Y Kaiser
Keen N Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk N Lucas
Lunsford Y Maddox N Mangham E Manning Y Marin

Y Meadows Y Millar N Mills Y Mitchell E Morgan Y Morris N Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston N Randall N Reece Y Reese Y Rice N Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

N Shipp Y Sims, B Y Sims, C Y Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner N Starr Y Stephens
Stephenson Y Talton Y Teilhet N Thomas, A.M Y Thomas, B N Tumlin N Walker Y Watson Y Wilkinson Y Willard N Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 126, nays 36.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Pruett of the 144th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Barnard of the 166th moved that the following Bill and Resolution of the Senate be withdrawn from the Rules Calendar and recommitted to the Committee on Rules:

SB 200. By Senators Grant of the 25th and Thompson of the 33rd:

A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for a comprehensive program for the creation of infrastructure development

THURSDAY, APRIL 19, 2007

3537

districts; 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.
SR 309. By Senators Grant of the 25th and Thompson of the 33rd:
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 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 205. By Senators Thomas of the 54th, Balfour of the 9th, Henson of the 41st, Wiles of the 37th, Unterman of the 45th 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 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.
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 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.

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JOURNAL OF THE HOUSE

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 12
26-4-200. This article shall be known and may be cited as the 'Prescription Medication Integrity Act.'
26-4-201. As used in this article, the term:
(1) 'Authenticate' means to affirmatively verify before any wholesale distribution of a prescription drug occurs that each transaction listed on the pedigree has occurred. (2) 'Authorized distributor of record' means a distributor with whom a manufacturer has established an ongoing relationship to distribute the manufacturer's prescription drugs. (3) 'Board' means the State Board of Pharmacy. (4) 'Broker' has the same meaning as a third party logistics provider.
(5) 'Chain pharmacy warehouse' means a physical location for prescription drugs that acts as a central warehouse and performs intracompany sales or transfers of such drugs to a group of chain pharmacies that have the same common ownership or control. (6) 'Co-licensed pharmaceutical products' means pharmaceutical products:
(A) That have been approved by the federal Food and Drug Administration; and (B) Concerning which two or more parties have the right to engage in a business activity or occupation concerning the pharmaceutical products. (7) 'Co-licensee' means a party to a co-licensed pharmaceutical product. (8) 'Distribute' means to deliver a drug or device other than by administering or dispensing. (9) 'Drop shipment arrangement' means the physical shipment of a prescription from a manufacturer, that manufacturer's co-licensee, that manufacturer's third-party logistics provider, or that manufacturer's authorized distributor of record directly to a chain pharmacy warehouse, pharmacy buying cooperative warehouse, pharmacy, or other persons authorized under law to dispense or administer prescription drugs but wherein the sale and title for the prescription drug passes between a wholesale drug distributor and the party that directly receives the prescription drug. (10) 'Facility' means a facility of a wholesale distributor where prescription drugs are stored, handled, repackaged, or offered for sale.

THURSDAY, APRIL 19, 2007

3539

(11) 'Manufacturer' means a person licensed or approved by the federal Food and Drug Administration ('FDA') to engage in the manufacture of drugs or devices, consistent with the FDA definition of 'manufacturer' under the regulations and interpreted guidances implementing the Prescription Drug Marketing Act. (12) 'Manufacturer's exclusive distributor' means an entity that contracts with a manufacturer to provide or coordinate warehousing, distribution, or other services for a manufacturer and takes title to that manufacturer's prescription drug. (13) 'Normal distribution channel' means a chain of custody for a prescription drug that goes from a manufacturer of the prescription drug (or from that manufacturer to that manufacturer's co-licensed partner), (or from that manufacturer to that manufacturer's third-party logistics provider), (or from that manufacturer to that manufacturer's exclusive distributor) to (directly or by drop shipment) a wholesale distributor to a pharmacy, or to other designated persons authorized by law to dispense or administer such drug, including but not limited to:
(A) From a manufacturer to a wholesale drug distributor, to a chain pharmacy warehouse, to a pharmacy affiliated with the chain pharmacy warehouse; (B) From a manufacturer to a chain pharmacy warehouse, to a pharmacy affiliated with the chain pharmacy 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 pharmacy warehouse, to a pharmacy affiliated with the chain pharmacy warehouse; (E) From a manufacturer to a wholesale drug distributor, to a pharmacy buying cooperative warehouse, to a pharmacy that is a member owner of the buying cooperative operating the warehouse; (F) From a pharmacy to a patient or other designated persons authorized by law to dispense or administer such drug to a patient; (G) From a wholesale distributor to a pharmacy or designated persons authorized by law to dispense or administer such drug to a patient; (H) From a wholesale distributor to a chain pharmacy warehouse to that chain pharmacy warehouse's intracompany pharmacy to a patient or other designated persons authorized by law to dispense or administer such drug to a patient; (I) From a chain pharmacy warehouse to the chain pharmacy warehouse's intracompany pharmacy to a patient or other designated persons authorized by law to dispense or administer such drug to a patient; (J) From a manufacturer to a third-party logistics provider or the manufacturer's exclusive distributor, to a wholesale drug distributor, to a pharmacy; (K) From a manufacturer to a third-party logistics provider or the manufacturer's exclusive distributor, to a wholesale drug distributor, to a chain pharmacy warehouse, to a pharmacy affiliated with the chain pharmacy warehouse; (L) From a manufacturer to a third-party logistics provider or the manufacturer's exclusive distributor, to a wholesale drug distributor, to a pharmacy buying

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JOURNAL OF THE HOUSE

cooperative warehouse, to a pharmacy that is a member owner of the buying cooperative operating the warehouse; (M) From a manufacturer to a third-party logistics provider or the manufacturer's exclusive distributor, to a wholesale drug distributor, to designated persons authorized by law to dispense or administer such drug to a patient; (N) From a manufacturer to a third-party logistics provider or manufacturer's authorized distributor of record, to a wholesale drug distributor, to one of the following wherein the prescription drug is delivered directly by way of a drop shipment arrangement:
(i) A pharmacy; (ii) A chain pharmacy warehouse, to its intracompany pharmacy; (iii) A pharmacy buying cooperative warehouse, to its member; or (iv) Other designated persons authorized by law to dispense or administer such drug; (O) In limited situations where a documented product shortage, back order, or emergency exists, from a manufacturer or that manufacturer's third-party logistics provider or sole authorized distributor of record to an authorized distributor of record, to one other authorized distributor of record, to: (i) A pharmacy; (ii) A chain pharmacy warehouse, to its intracompany pharmacy; (iii) A pharmacy buying cooperative warehouse, to its member; or (iv) Other designated persons authorized by law to dispense or administer such drug; (P) From a manufacturer directly to a prescriber, pharmacy, or hospital system to a patient or other designated persons authorized by law to dispense or administer such a drug to a patient; or (Q) As prescribed by rules adopted by the board. (14) 'Ongoing relationship' means an association that exists when a wholesale drug distributor, including any member of its affiliated group, as defined in Section 1504 of the Internal Revenue Code, of which the wholesale drug distributor is a member: (A) Is listed on the manufacturer's list of authorized distributors of record, which is updated by the manufacturer on no less than a monthly basis; and (B) Has a written agreement currently in effect with the manufacturer evidencing such ongoing relationship. (15) 'Pedigree' means a document or electronic file containing information that records each wholesale distribution of any given prescription drug. (16) 'Pharmacy buying cooperative warehouse' means a permanent physical location that acts as a central warehouse for drugs and from which sales of drugs are made to a group of pharmacies that are member owners of the buying cooperative operating the warehouse. Pharmacy buying cooperative warehouses must be licensed as wholesale distributors. (17) 'Prescription drug' means any drug (including any biological product, except for blood and blood components intended for transfusion or biological products that are

THURSDAY, APRIL 19, 2007

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also medical devices) required by federal law (including federal regulation) to be dispensed only by a prescription, including finished dosage forms and bulk drug substances subject to section 503(b) of the federal Food, Drug and Cosmetic Act ('FFDCA'). (18) '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. (19) 'Repackager' means a person who repackages. (20) '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. (21) '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. (22) 'Wholesale distribution' shall not include:
(A) Intracompany sales of prescription drugs, meaning any transaction or transfer between any division, subsidiary, parent, or affiliated or related company under common ownership or control of a corporate entity, except that nothing contained herein shall be construed to prohibit the board from requiring that other records of these transactions shall be kept in accordance with law and regulation not found in this article; (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, except that nothing contained herein shall be construed to prohibit the board from requiring that other records of these transactions shall be kept in accordance with law and regulation not found in this article; (C) The distribution of prescription drug samples by manufacturers representatives; (D) Prescription drug returns when conducted by a retail pharmacy or by a hospital, health care entity, or charitable institution in accordance with 21 C.F.R. Section 203.23, except in cases where a pedigree is already required under the provisions of this article, in which case any return of that prescription drug to a wholesaler or manufacturer shall be documented on the same pedigree; (E) The sale of minimal quantities of prescription drugs by retail pharmacies to licensed practitioners for office use, except that nothing contained herein shall be construed to prohibit the board from requiring that other records of these transactions shall be kept in accordance with law and regulation not found in this article;

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(F) Retail pharmacies delivery of prescription drugs to a patient or patient's agent pursuant to the lawful order of a licensed practitioner; (G) The distribution of prescription drugs by third-party logistics providers working under contract of a prescription drug manufacturer;
(H)(i) The distribution by a manufacturer of the finished form of a prescription drug it manufactures; or (ii) The distribution by a co-licensee of the finished form of a prescription drug if that co-licensee distributes that drug as a co-licensed product; (I) Drop shipments of a prescription drug to a pharmacy, pharmacy buying cooperative warehouse, or chain pharmacy warehouse, or other person authorized by law to dispense or administer such drug to a patient; (J) The delivery of, or offer to deliver, a prescription drug by a common carrier solely in the common carrier's usual course of business of transporting prescription drugs, and such common carrier does not store, warehouse, or take legal ownership of the prescription drug; (K) The sale or transfer from a retail pharmacy, pharmacy buying cooperative warehouse, or chain pharmacy warehouse of expired, damaged, returned, or recalled prescription drugs to the original manufacturer or to a third party returns processor; or (L) The sale, transfer, merger, or consolidation of all or part of the business of a pharmacy or pharmacies from or with another pharmacy or pharmacies, whether accomplished as a purchase and sale of stock or business assets.
26-4-202. (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 July 1, 2009, 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, 2011, and may be extended by the board in one year increments if it appears the technology is not universally available across the entire prescription pharmaceutical supply; 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. Effective at a date established by the board, pedigrees may be implemented

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through an approved and readily available system that electronically tracks and traces the wholesale distribution of each prescription drug starting with the sale by a manufacturer through acquisition and sale by any wholesale distributor, until final sale to a pharmacy or other authorized person administering or dispensing the prescription drug. This electronic tracking system will be deemed to be readily available only upon there being available a standardized system originating at the manufacturer and capable of being used on a wide scale across the entire pharmaceutical supply chain which includes manufacturers, wholesale distributors, and pharmacies. Consideration must be given to the large-scale implementation of this technology across the supply chain and the technology must be proven to have no negative impact on the safety and efficacy of the pharmaceutical product. (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 any entity engaged in the activities listed in paragraph (9) of Code Section 26-4-201, 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; (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, excluding retail or hospital pharmacies, 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 at its licensed location, unless given written authorization from the board to do otherwise, for three years from the date of sale or transfer; and (2) Available for inspection, copying, or use at the licensed location upon a verbal request by the board or its designee.

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(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. (f) Pharmacies licensed pursuant to this chapter shall not be required to possess or maintain any pedigree issued pursuant to this Code section.
26-4-203. (a) If the board finds that there is a reasonable probability that:
(1) A wholesale distributor, other than a manufacturer, has: (A) Violated a provision of this article; or (B) Falsified a pedigree, provided a falsified 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 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 calendar 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.
26-4-204. 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; (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, including, but not limited to falsified pedigrees, 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, repackaging, selling, transferring, delivering, holding, or offering for sale of any prescription drug that is

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adulterated, misbranded, counterfeit, suspected of being counterfeit, or has otherwise been rendered unfit for distribution.

26-4-205. (a) Notwithstanding Code Section 26-4-115, any person who engages without knowledge in the wholesale distribution of prescription drugs, including providing a falsified pedigree or other records, in violation of this article may be fined not more than $10,000.00. (b) If a person engages in wholesale distribution of prescription drugs in violation of this article, including providing a falsified pedigree or other records, and acts in a grossly negligent manner in violation of this article, the person may be punished by imprisonment for not more than 15 years, fined not more than $50,000.00, or both. (c) Notwithstanding Code Section 26-4-115, any person who knowingly engages in wholesale distribution of prescription drugs in violation of this article, including providing a falsified pedigree or other records, 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 report of the Committee, which was favorable to the passage of the Bill, 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant Y Buckner
Burkhalter Burns Y Butler Y Byrd Y Carter, A Y Carter, B

Y Dempsey Y Dickson
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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T
Jones, J Y Jones, S Y Jordan Y Kaiser
Keen Y Keown Y Knight

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton

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Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M Crawford, R Y Davis, H Y Davis, S Y Day

Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A E Holmes

Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M 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.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendment thereto:

HB 219. By Representatives Royal of the 171st, O`Neal of the 146th, Roberts of the 154th and Black of the 174th:

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 prepayments of certain local sales and use taxes with respect to motor fuels; to provide for procedures, conditions, and limitations; to change certain provisions regarding penalties; to change certain provisions regarding taxation of motor fuel; to change certain provisions regarding sales and use tax exemptions regarding motor fuel; to change certain provisions regarding refunds of motor fuel taxes; to change certain provisions regarding the second motor fuel tax; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The following Senate substitute was read:

A BILL

To amend Titles 10, 12, 48, and 52 of the Official Code of Georgia Annotated, relating respectively to commerce and trade, conservation and national resources, revenue and taxation, and waters of the state, so as to provide for prepayments of certain local sales and use taxes with respect to motor fuels; to provide for procedures, conditions, and

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limitations; to change certain provisions regarding penalties; to change certain provisions regarding taxation of motor fuel; to change certain provisions regarding sales and use tax exemptions regarding motor fuel; to change certain provisions regarding refunds of motor fuel taxes; to change certain requirements regarding reports of motor fuel deliveries; to provide for sales and use tax exemptions with respect to the George L. Smith II Georgia World Congress Center Authority, the Jekyll Island-State Park Authority, and the Georgia Ports Authority; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Code Section 48-8-2, relating to definitions, by revising paragraph (5.1) and adding a new paragraph as follows:
"(5.1) 'Prepaid state tax' means the tax levied under Code Section 48-8-30 in conjunction with Code Section 48-8-3.1 and Code Section 48-9-14 on the retail sale of motor fuels for highway use and collected prior to that retail sale. This tax is based upon the average retail sales price as set forth in Code Section 48-9-14. This shall not apply to any local sales and use tax which is levied on the sale or use of motor fuel 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, known as 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; or by or pursuant to Article 3 of this chapter. (5.2) 'Prepaid local tax' means any local sales and use tax which is levied on the sale or use of motor fuel 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, known as the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965' or by or pursuant to Article 2, 2A, 3, or 4 of this chapter. Such tax is based on the same average retail sales price as set forth in subparagraph (b)(2)(B) of Code Section 48-9-14. Such price shall be used to compute the prepaid sales tax rate for local jurisdictions by multiplying such retail price by the applicable rate imposed by the jurisdiction. The person collecting and reporting the prepaid local tax for the local jurisdiction shall provide a schedule as to which jurisdiction these collections relate. This determination shall be based upon the shipping papers of the conveyance that delivered the motor fuel to the dealer or consumer in the local jurisdiction. A seller may rely upon the representation made by the purchaser as to which jurisdiction the shipment is bound and prepare shipping papers in accordance with those instructions."

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SECTION 2. Said title is further amended in Code Section 48-8-30, relating to imposition of sales and use taxes, by adding new subsections (j) and (k) to read as follows:
"(j) In the event any distributor licensed under Chapter 9 of this title purchases any motor fuel on which the prepaid state tax or prepaid local tax or both have been imposed pursuant to this Code section and resells the same to a governmental entity that is totally or partially exempt from such tax under paragraph (1) of Code Section 48-8-3, such distributor shall be entitled to either a credit or refund. The amount of the credit or refund shall be the prepaid state tax or prepaid local tax or both rates for which such governmental entity is exempt multiplied by the gallons of motor fuel purchased for its exclusive use. To be eligible for the credit or refund, the distributor shall reduce the amount such distributor charges for the fuel sold to such governmental entity by an amount equal to the tax from which such governmental entity is exempt. Should a distributor have a liability under this Code section, the distributor may elect to take a credit for those sales against such liability. (k) The prepaid local tax shall be imposed at the time tax is imposed under subparagraph (b)(2)(B) of Code Section 48-9-14."
SECTION 3. Said title is further amended by revising subsection (f) of Code Section 48-8-50, relating to compensation of dealers, as follows:
"(f) The deduction authorized under this Code section shall be combined with and calculated with the deductions authorized under Code Section 48-8-87, Code Section 48-8-104, Code Section 48-8-113, Code Section 48-8-204, 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,' and any other sales tax, use tax, or sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, by applying the deduction rate specified in this Code section against the combined total of all such taxes reported due on the same return."
SECTION 4. Said title is further amended by revising Code Section 48-8-82, relating to imposition of the joint county and municipal sales and use tax, as follows:
"48-8-82. When the imposition of a joint county and municipal sales and use tax is authorized according to the procedures provided in this article within a special district, the county whose geographical boundary is conterminous with that of the special district and each qualified municipality located wholly or partially within the special district shall levy a joint sales and use tax at the rate of 1 percent. Except as to rate, the joint tax shall correspond to the tax imposed and administered by Article 1 of this chapter. No item or transaction which is not subject to taxation by Article 1 of this chapter shall be subject to the tax levied pursuant to this article, except that the joint tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined by

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Code Section 48-9-2 paragraph (5.2) of Code Section 48-8-2 and shall be applicable to the sale of food and beverages only to the extent provided for in paragraph (57) of Code Section 48-8-3."
SECTION 5. Said title is further amended by revising Code Section 48-8-87, relating to the administration and collection of the joint county and municipal sales and use tax, as follows:
"48-8-87. The tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of each county whose geographical boundary is conterminous with that of a special district and of each qualified municipality located wholly or partially therein. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter, except that the joint tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined by paragraph (5.2) of Code Section 48-8-2; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50."
SECTION 6. Said title is further amended by revising subsection (b) of Code Section 48-8-102, relating to the imposition of the homestead option sales and use tax, as follows:
"(b) When the imposition of a local sales and use tax is authorized according to the procedures provided in this article within a special district, the county whose geographical boundary is conterminous with that of the special district shall levy a local sales and use tax at the rate of 1 percent. Except as to rate, the local sales and use tax shall correspond to the tax imposed and administered by Article 1 of this chapter. No item or transaction which is not subject to taxation by Article 1 of this chapter shall be subject to the sales and use tax levied pursuant to this article, except that the sales and use tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined by Code Section 48-9-2 paragraph (5.2) of Code Section 48-8-2 and shall be applicable to the sale of food and beverages only to the extent provided for in paragraph (57) of Code Section 48-8-3."
SECTION 7. Said title is further amended by revising subsection (a) of Code Section 48-8-104, relating to the administration and manner of distribution of the homestead option sales and use tax, as follows:

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"(a) The sales and use tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of each county whose geographical boundary is conterminous with that of a special district. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter except that the sales and use tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined by paragraph (5.2) of Code Section 48-8-2; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state. Dealers shall be allowed a percentage of the amount of the sales and use tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50."
SECTION 8. Said title is further amended by revising subsection (c) of Code Section 48-8-110.1, relating to imposition of the county special purpose local option sales and use tax, as follows:
"(c) Any tax imposed under this part shall be at the rate of 1 percent. Except as to rate, a tax imposed under this part shall correspond to the tax imposed by Article 1 of this chapter. No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this part, except that a tax imposed under this part shall apply to sales of motor fuels as prepaid local tax as that term is defined by Code Section 48-9-2 paragraph (5.2) of Code Section 48-8-2 and shall be applicable to the sale of food and beverages as provided for in division (57)(D)(i) of Code Section 48-8-3."
SECTION 9. Said title is further amended by revising Code Section 48-8-113, relating to the administration of the county special purpose local option sales and use tax, as follows:
"48-8-113. A tax levied pursuant to this part shall be exclusively administered and collected by the commissioner for the use and benefit of the county and qualified municipalities within such special district imposing the tax. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter except that the sales and use tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined by paragraph (5.2) of Code Section 48-8-2; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state; and provided, further, that the commissioner may rely upon a representation by or in behalf of the county and qualified municipalities within the special district or the Secretary of State that such a

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tax has been validly imposed, and the commissioner and the commissioner's agents shall not be liable to any person for collecting any such tax which was not validly imposed. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50."
SECTION 10. Said title is further amended by revising subparagraph (c)(1)(A) of Code Section 48-8201, relating to imposition of the municipal water and sewer projects and costs tax, as follows:
"(A) Sales of motor fuels as prepaid local tax as that term is defined by Code Section 48-9-2 paragraph (5.2) of Code Section 48-8-2;"
SECTION 11. Said title is further amended by revising Code Section 48-8-204, relating to administration and collection of the municipal water and sewer projects and costs tax, as follows:
"48-8-204. A tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of the municipality imposing the tax. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter except that the sales and use tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined by paragraph (5.2) of Code Section 48-8-2; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state; and provided, further, that the commissioner may rely upon a representation by or in behalf of the municipality or the Secretary of State that such a tax has been validly imposed, and the commissioner and the commissioner's agents shall not be liable to any person for collecting any such tax which was not validly imposed. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50."
SECTION 12. Said title is further amended by revising subsections (d), (e), and (f) of Code Section 489-9, relating to reports of motor fuel deliveries, as follows:

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"(d)(1) Every person transporting motor fuel over the public highways or navigable waters of this state shall have in such person's possession an invoice, bill of sale, or other document which identifies: (A) The true name and address of the person from whom the motor fuel was received; (B) The number of gallons originally received; (C) The true name and address of every person who has received any part of the fuel; (D) The number of gallons delivered to such persons; and (E) The city or county and state of destination as represented to the transporter by the person who arranged the transportation. (2) Failure to produce such invoice, bill of sale, or other document when demanded or failure of a document produced upon demand to meet the requirements of this Code section shall be prima-facie evidence of a violation of this article. (3) The transporter shall leave a copy of the invoice, bill of lading, or other documentation with each person who receives the fuel into bulk storage for resale. (e) Delivery of motor fuel from a transport tank truck or vessel directly into the fuel tank of any motor vehicle in this state is prohibited except in cases of emergency. (f) Every person purchasing or otherwise acquiring motor fuel in bulk quantities for sale, use, or other disposition in this state who is not required to be licensed as a distributor by this article may be required to file by the twentieth day of each calendar month a report on forms prescribed by the commissioner to account for all such motor fuel acquired during the preceding calendar month. Every operator of a terminal who receives motor fuel in bulk for storage shall include on a report to the commissioner the names of all persons who are storing fuel in the terminal and the quantity received, stored, and delivered during the month on behalf of each such account. The report shall specify what portion of the deliveries recorded for each account were within the terminal to others and what portion was removed from the terminal facility via the loading rack. The report shall identify the city or county and state or country of destination of the deliveries as reflected on the bills of lading issued by the terminal operator."
SECTION 13. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended by revising Code Section 10-9-10, relating to the exemption from taxation of the George L. Smith II Georgia World Congress Center Authority, as follows:
"10-9-10. 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 are public purposes and that the authority will be performing an essential governmental function in the exercise of the powers conferred upon it by this chapter. The authority shall be required to pay no taxes or assessments upon any property acquired or under its jurisdiction, control, possession, or supervision or upon its

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activities in the development, construction, operation, or maintenance of any of the projects or 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 shall not be subject to regulation of its activities in the acquisition, development, construction, operation, or maintenance of any of the projects or facilities acquired, developed, constructed, operated, or maintained by it by any county or municipal corporation of this state. The exemption from taxation provided for in this Code section shall include exemptions from sales and use taxation on tangible personal property purchased by the authority for use exclusively by the authority. The revenue bonds or other evidence of indebtedness issued by the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within this state by the state or its municipalities or political subdivisions."
SECTION 14. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by revising Code Section 12-3-274, relating to the exemption from taxation of the Jekyll Island-State Park Authority, as follows:
"12-3-274. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose are in all respects for the benefit of the people of this state and constitute a public purpose and that the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this part. 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 upon any fees, rentals, or other charges received by the authority for the use of such buildings, or upon other income received by the authority. The exemption from taxation provided for in this Code section shall include exemptions from sales and use taxation on tangible personal property purchased by the authority for use exclusively by the authority. Further, this state covenants that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state."
SECTION 15. Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, is amended by revising Code Section 52-2-37, relating to exemption from taxation of the Georgia Ports Authority; as follows:
"52-2-37. 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 is a public purpose and that the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this chapter; and this state covenants with the holders of the bonds that the authority shall be

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required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation 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. The exemption from taxation provided for in this Code section shall include exemptions from sales and use taxation on tangible personal property purchased by the authority for use exclusively by the authority."
SECTION 16. Sections 13, 14, 15, this section, and Section 17 of this Act shall become effective on July 1, 2007. The remaining provisions of this Act shall become effective on January 1, 2008.
SECTION 17. All laws and parts of laws in conflict with this Act are repealed.
Pursuant to Rule 117.2, the Speaker ruled the Senate substitute to HB 219 not germane, and the House has disagreed.
HB 225. By Representatives Royal of the 171st, Golick of the 34th, Roberts of the 154th, Keen of the 179th, O`Neal of the 146th and others:
A BILL to be entitled an Act to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income for state income tax purposes, so as to change certain provisions regarding the deduction for contributions to certain college savings plans; to provide an effective date; to provide applicability; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL
To amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income for state income tax purposes, so as to change certain provisions regarding the amounts of retirement income which may be excluded from Georgia taxable net income and the requirements regarding such exclusions; to change certain provisions regarding the deduction for contributions to certain college savings plans; to provide an effective date; to provide applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income for state income tax purposes, is amended in subsection (a) by revising paragraph (5) as follows:
"(5)(A) Retirement income otherwise included in Georgia taxable net income not to exceed the exclusion amount amounts as follows:
(i) For taxable years beginning on or after January 1, 1989, and prior to January 1, 1990, retirement income not to exceed an exclusion amount of $8,000.00 per year received from any source; (ii) For taxable years beginning on or after January 1, 1990, and prior to January 1, 1994, retirement income not to exceed an exclusion amount of $10,000.00 per year received from any source; (iii) For taxable years beginning on or after January 1, 1994, and prior to January 1, 1995, retirement income from any source not to exceed an exclusion amount of $11,000.00; (iv) For taxable years beginning on or after January 1, 1995, and prior to January 1, 1999, retirement income from any source not to exceed an exclusion amount of $12,000.00; (v) For taxable years beginning on or after January 1, 1999, and prior to January 1, 2000, retirement income from any source not to exceed an exclusion amount of $13,000.00; (vi) For taxable years beginning on or after January 1, 2000, and prior to January 1, 2001, retirement income not to exceed an exclusion amount of $13,500.00 per year received from any source; (vii) For taxable years beginning on or after January 1, 2001, and prior to January 1, 2002, retirement income from any source not to exceed an exclusion amount of $14,000.00; (viii) For taxable years beginning on or after January 1, 2002, and prior to January 1, 2003, retirement income from any source not to exceed an exclusion amount of $14,500.00; (ix) For taxable years beginning on or after January 1, 2003, and prior to January 1, 2006, retirement income from any source not to exceed an exclusion amount of $15,000.00; (x) For taxable years beginning on or after January 1, 2006, and prior to January 1, 2007, retirement income from any source not to exceed an exclusion amount of $25,000.00; (xi) For taxable years beginning on or after January 1, 2007, and prior to January 1, 2008, retirement income from any source not to exceed an exclusion amount of $30,000.00; and (xii) For taxable years beginning on or after January 1, 2008, and prior to January 1, 2009, retirement income from any source not to exceed an exclusion amount of $35,000.00.; (xiii) For taxable years beginning on or after January 1, 2009, retirement income from any source not to exceed an exclusion amount of $35,000.00 for each

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taxpayer meeting the eligibility requirement set forth in division (i) or (ii) of subparagraph (D) of this paragraph or an amount of $65,000.00 for each taxpayer meeting the eligibility requirement set forth in division (iii) of subparagraph (D) of this paragraph; (xiv) For taxable years beginning on or after January 1, 2010, retirement income from any source not to exceed an exclusion amount of $35,000.00 for each taxpayer meeting the eligibility requirement set forth in division (i) or (ii) of subparagraph (D) of this paragraph or an amount of $100,000.00 for each taxpayer meeting the eligibility requirement set forth in division (iii) of subparagraph (D) of this paragraph; (xv) For taxable years beginning on or after January 1, 2011, retirement income from any source not to exceed an exclusion amount of $35,000.00 for each taxpayer meeting the eligibility requirement set forth in division (i) or (ii) of subparagraph (D) of this paragraph or an amount of $150,000.00 for each taxpayer meeting the eligibility requirement set forth in division (iii) of subparagraph (D) of this paragraph; (xvi) For taxable years beginning on or after January 1, 2012, retirement income from any source not to exceed an exclusion amount of $35,000.00 for each taxpayer meeting the eligibility requirement set forth in division (i) or (ii) of subparagraph (D) of this paragraph or an amount of $200,000.00 for each taxpayer meeting the eligibility requirement set forth in division (iii) of subparagraph (D) of this paragraph; and (xvii) For taxable years beginning on or after January 1, 2013, retirement income from any source not to exceed an exclusion amount of $35,000.00 for each taxpayer meeting the eligibility requirement set forth in division (i) or (ii) of subparagraph (D) of this paragraph or an exclusion of all retirement income from any source for each taxpayer meeting the eligibility requirement set forth in division (iii) of subparagraph (D) of this paragraph. (B) In the case of a married couple filing jointly, each spouse shall if otherwise qualified be individually entitled to exclude retirement income received by that spouse up to the exclusion amount, so that the total amount excluded on such joint return may if otherwise allowable be up to twice the individual exclusion amount. (C) The exclusion exclusions provided for in this paragraph shall not apply to or affect and shall be in addition to those adjustments to net income provided for under any other paragraph of this subsection. (D) A taxpayer shall be eligible for the exclusion exclusions granted by this paragraph only if the taxpayer: (i) Is 62 years of age or older but less than 65 years of age during any part of the taxable year; or (ii) Is permanently and totally disabled in that the taxpayer has a medically demonstrable disability which is permanent and which renders the taxpayer incapable of performing any gainful occupation within the taxpayer's competence; or

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(iii) Is 65 years of age or older during any part of the taxable year. (E) For the purposes of this paragraph, retirement income shall include but not be limited to interest income, dividend income, net income from rental property, capital gains income, income from royalties, income from pensions and annuities, and no more than $4,000.00 of an individual's earned income. Earned income in excess of $4,000.00, including but not limited to net business income earned by an individual from any trade or business carried on by such individual, wages, salaries, tips, and other employer compensation, shall not be regarded as retirement income. The receipt of earned income shall not diminish any taxpayer's eligibility for the retirement income exclusion exclusions allowed by this paragraph except to the extent of the express limitation provided in this subparagraph. (F) The commissioner shall by regulation require proof of the eligibility of the taxpayer for the exclusion exclusions allowed by this paragraph. (G) The commissioner shall by regulation provide that for taxable years beginning on or after January 1, 1989, and ending before October 1, 1990, penalty and interest may be waived or reduced for any taxpayer whose estimated tax payments and tax withholdings are less than 70 percent of such taxpayer's Georgia income tax liability if the commissioner determines that such underpayment or deficiency is due to an increase in net taxable income attributable directly to amendments to this paragraph or paragraph (4) of this subsection enacted at the 1989 special session of the General Assembly and not due to willful neglect or fraud;"
SECTION 2. Said Code section is further amended in subsection (a) by revising paragraph (11) and by adding a new paragraph to read as follows:
"(11)(A) For taxable years beginning on or after January 1, 2002, and prior to January 1, 2007, an amount equal to the amount of contributions by parents or guardians of a designated beneficiary to a savings trust account established pursuant to Article 11 of Chapter 3 of Title 20 on behalf of the designated beneficiary who is claimed as a dependent on the Georgia income tax return of the beneficiary's parents or guardians, but not exceeding $2,000.00 per beneficiary. (B) If the parents or guardians file joint returns, separate returns, or single returns, the sum of contributions constituting deductions on their returns under this paragraph shall not exceed $2,000.00 per beneficiary. (C) In order to claim the deduction for a taxable year:
(i) Such parent or guardian must have claimed and been allowed itemized deductions pursuant to Section 63(d) of the Internal Revenue Code of 1986 and paragraph (1) of this subsection; (ii) The federal adjusted gross income for such taxable year cannot exceed $100,000.00 for a joint return or $50,000.00 for a separate or single return except as provided in subparagraph (D) of this paragraph; and (iii) Such parent or guardian must be the account owner of the designated beneficiary's account.

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(D) The maximum deduction authorized by this paragraph for each beneficiary shall decrease by $400.00 for each $1,000.00 of federal adjusted gross income over $100,000.00 for a joint return or $50,000.00 for a separate or single return. (E) For purposes of this paragraph, contributions or payments for any such taxable year may be made during or after such taxable year but on or before the deadline for making contributions to an individual retirement account pursuant to Section 219(f)(3) of the Internal Revenue Code of 1986; (11.1)(A) For taxable years beginning on or after January 1, 2007, an amount equal to the amount of contributions to a savings trust account established pursuant to Article 11 of Chapter 3 of Title 20 on behalf of the designated beneficiary, but not exceeding $2,000.00 per beneficiary. (B) If the contributor files a joint return, separate return, or single return, the sum of contributions constituting deductions on the contributor's returns under this paragraph shall not exceed $2,000.00 per return. (C) For purposes of this paragraph, contributions or payments for any such taxable year may be made during or after such taxable year but on or before the deadline for making contributions to an individual retirement account under federal law for such taxable year;"
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.
Pursuant to Rule 117.2, the Speaker ruled the Senate substitute to HB 225 not germane, and the House has disagreed.
HB 445. By Representative Royal of the 171st:
A BILL to be entitled an Act to amend Code Section 48-5-7.4 of the O.C.G.A., 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 a contingent effective date; to provide for applicability; to provide for contingent repeal; to repeal conflicting laws; and for other purposes.

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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 clarify an ad valorem tax exemption for certain charitable institutions; to provide for the transfer, devise, and distribution of unused conservation tax credits; to provide for procedures, conditions, and limitations; 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. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Code Section 48-5-41, relating to property exempt from ad valorem taxation, by revising paragraph (2) of subsection (d) as follows:
"(2) With respect to paragraph (4) of subsection (a) of this Code section, real estate or buildings which are a building which is 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 exclusively for the charitable purposes of such charitable institution, and not more than15 acres of land on which such building is located, 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. Said title is further amended in Code Section 48-7-29.12, relating to the income tax credit for donation of real property for conservation purposes, by adding a new subsection as follows:
"(d.1) Any tax credits under this Code section earned by a taxpayer and previously claimed but not used by such taxpayer against its income tax may be transferred or sold in whole or in part by such taxpayer to another Georgia taxpayer, subject to the following conditions:
(1) The transferor shall submit to the department a written notification of any transfer or sale of tax credits within 30 days after the transfer or sale of such tax credits. The notification shall include such transferor's tax credit balance prior to transfer, the remaining balance after transfer, all tax identification numbers for each transferee, the date of transfer, the amount transferred, and any other information required by the department; (2) Failure to comply with this subsection shall result in the disallowance of the tax credit until the taxpayer is in full compliance;

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(3) In no event shall the amount of the tax credit under this subsection claimed and allowed for a taxable year exceed the transferee's income tax liability. Any unused credit may be carried forward to subsequent taxable years provided that the transfer or sale of this tax credit does not extend the time in which such tax credit can be used. The carry-forward period for tax credit that is transferred or sold shall begin on the date on which the tax credit was originally earned; and (4) A transferee shall have only such rights to claim and use the tax credit that were available to the transferor at the time of the transfer. To the extent that such transferor did not have rights to claim or use the tax credit at the time of the transfer, the department shall either disallow the tax credit claimed by the transferee or recapture the tax credit from the transferee. The transferee's recourse is against the transferor."
SECTION 3. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 2 of this Act shall become effective on January 1, 2008, and shall apply to all taxable years beginning on or after January 1, 2008.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Pursuant to Rule 117.2, the Speaker ruled the Senate substitute to HB 445 not germane, and the House has disagreed.
HB 162. By Representatives Martin of the 47th, Burkhalter of the 50th and Jones of the 46th:
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 for a limited period of time with respect to sales of certain tangible personal property used in direct connection with the construction of a performing arts amphitheater 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.
The following Senate substitute was read:
A BILL
To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to exempt from such taxes sales to water and sewer authorities created by local law; to provide for an exemption for a limited period of

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time regarding sales to certain nonprofit volunteer health clinics; 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 performing arts amphitheater facility; 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 performing arts center; 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 adding a new paragraph to read as follows:
"(6.4) Sales to any local government authority created by local law which has as its principal purpose the construction and operation of a water and sewer system;"
SECTION 2. Said Code section is further amended by adding a new paragraph to read as follows:
"(7.3) For the period commencing July 1, 2007, and ending June 30, 2009, sales of tangible personal property and services to a nonprofit volunteer health clinic which primarily treats indigent persons with incomes below 200 percent of the federal poverty level and which property and services are used exclusively by such volunteer health clinic in performing a general treatment function in this state when such volunteer health clinic is a tax exempt organization under the Internal Revenue Code and obtains an exemption determination letter from the commissioner;"
SECTION 3. Said Code section is further amended by replacing "; or" at the end of paragraph (84) with a semicolon, by replacing the period at the end of paragraph (85) with a semicolon, and by adding new paragraphs to read as follows:
"(86)(A) Notwithstanding any provision of Code Section 48-8-63 to the contrary, from July 1, 2007, until June 30, 2008, sales of tangible personal property to, or used in direct connection with the construction of, a performing arts amphitheater facility. (B) As used in this paragraph, the term 'performing arts amphitheater facility' means a performing arts amphitheater facility owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code; is constructed after the effective date of this paragraph; has costs in excess of $30 million; has more than 60,000 square feet of space; and has associated facilities, including, but not limited to, parking. (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

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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; or (87) Notwithstanding any provision of Code Section 48-8-63 to the contrary, from a period which commenced upon the date construction first began until December 31, 2007, sales of tangible personal property to, or used in direct connection with the construction of, a performing arts center managed by the Cobb-Marietta Coliseum and Exhibit Hall Authority, which authority was created by an Act approved March 26, 1980 (Ga. L. 1980, p. 4091), as amended."
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.
Pursuant to Rule 117.2, the Speaker ruled the Senate substitute to HB 162 not germane, and the House has disagreed.
HB 374. By Representatives Mills of the 25th, Stephens of the 164th, Parrish of the 156th and Shaw of the 176th:
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 hotel motel tax, so as change certain provisions regarding definitions applicable to such tax; 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 374 by inserting after "To amend" on line 1 on page 1 the following:
Title 48 of the Official Code of Georgia Annotated, relating to revenue, so as to provide funding for a trauma care system in Georgia and the direct and indirect costs associated therewith; to provide for a surcharge on motor vehicle rental contracts; to amend
By inserting after "BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:" the following:
SECTION .5. Title 48 of the Official Code of Georgia Annotated, relating to revenue, is amended in Article 5 of Chapter 13, relating to excise taxes on rental vehicles, by designating the existing matter as Part 1 and adding a new Part 2 to read as follows:

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"Part 2 48-13-101. Each contract for a rental motor vehicle of 30 days or less in length by a rental motor vehicle concern in this state shall include a surcharge of 3.5 percent of the rental charges. Such surcharge shall be collected by the rental motor vehicle concern and shall be remitted on a monthly basis to the department. The department shall collect such surcharges and shall deposit such surcharges in the general fund of this state with the intent that these moneys be used to fund a trauma care system in Georgia and the direct and indirect costs associated with the administration of such system and this Code section. The department is authorized to promulgate such rules and regulations as necessary to implement this Code section."
Pursuant to Rule 117.2, the Speaker ruled the Senate amendment to HB 374 not germane, and the House has disagreed.
HB 134. By Representatives England of the 108th, Heard of the 104th, Coan of the 101st and Benton of the 31st:
A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to bid bonds for public works bidding for local governments, so as to change certain provisions relating to cash in lieu of bid bonds and letters of credit; to change certain provisions relating to acceptable substitutes for bonds; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL
To amend Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to public works bidding, so as to provide definitions; to provide for the advertisement of contract opportunities; to provide for the specifications of such notices and advertisements; to change certain provisions relating to cash in lieu of bid bonds and letters of credit; to change certain provisions relating to acceptable substitutes for bonds; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to public works bidding, is amended by revising Code Section 36-91-2, relating to definitions, as follows:

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"36-91-2. As used in this chapter, the term:
(1) 'Alternate bids' means the amount stated in the bid or proposal to be added to or deducted from the amount of the base bid or base proposal if the corresponding change in project scope or alternate materials or methods of construction is accepted. (2) 'Base bid' or 'base proposal' means the amount of money stated in the bid or proposal as the sum for which the bidder or proposer offers to perform the work. (1)(3) 'Bid bond' means a bond with good and sufficient surety or sureties for the faithful acceptance of the contract payable to, in favor of, and for the protection of the governmental entity for which the contract is to be awarded. (2)(4) 'Change order' means an alteration, addition, or deduction from the original scope of work as defined by the contract documents to address changes or unforeseen conditions necessary for project completion. (3)(5) 'Competitive sealed bidding' means a method of soliciting public works construction contracts whereby the award is based upon the lowest responsive, responsible bid in conformance with the provisions of subsection (b) of Code Section 36-91-21. (4)(6) 'Competitive sealed proposals' means a method of soliciting public works contracts whereby the award is based upon criteria identified in a request for proposals in conformance with the provisions of subsection (c) of Code Section 3691-21. (5)(7) 'Emergency' means any situation resulting in imminent danger to the public health or safety or the loss of an essential governmental service. (6)(8) 'Governing authority' means the official or group of officials responsible for governance of a governmental entity. (7)(9) 'Governmental entity' means a county, municipal corporation, consolidated government, authority, board of education, or other public board, body, or commission but shall not include any authority, board, department, or commission of the state, or a public transportation agency as defined by Chapter 9 of Title 32. (8)(10) 'Payment bond' means a bond with good and sufficient surety or sureties payable to the governmental entity for which the work is to be done and intended for the use and protection of all subcontractors and all persons supplying labor, materials, machinery, and equipment in the prosecution of the work provided for in the public works construction contract. (9)(11) 'Performance bond' means a bond with good and sufficient surety or sureties for the faithful performance of the contract and to indemnify the governmental entity for any damages occasioned by a failure to perform the same within the prescribed time. Such bond shall be payable to, in favor of, and for the protection of the governmental entity for which the work is to be done. (10)(12) 'Public works construction' means the building, altering, repairing, improving, or demolishing of any public structure or building or other public improvements of any kind to any public real property other than those projects

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covered by Chapter 4 of Title 32. Such term does not include the routine operation, repair, or maintenance of existing structures, buildings, or real property. (11)(13) 'Responsible bidder' or 'responsible offeror' means a person or entity that has the capability in all respects to perform fully and reliably the contract requirements. (12)(14) 'Responsive bidder' or 'responsive offeror' means a person or entity that has submitted a bid or proposal that conforms in all material respects to the requirements set forth in the invitation for bids or request for proposals. (13)(15) 'Scope of project' means the work required by the original contract documents and any subsequent change orders required or appropriate to accomplish the intent of the project as described in the bid documents. (14)(16) 'Scope of work' means the work that is required by the contract documents. (15)(17) 'Sole source' means those procurements made pursuant to a written determination by a governing authority that there is only one source for the required supply, service, or construction item."
SECTION 2. Said chapter is further amended by revising Code Section 36-91-20, relating to written contract required, as follows:
"36-91-20. (a) All public works construction contracts subject to this chapter entered into by a governmental entity with private persons or entities shall be in writing and on file and available for public inspection at a place designated by such governmental entity. Municipalities and consolidated governments shall execute and enter into contracts in the manner provided in applicable local legislation or by ordinance.
(b)(1) 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 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 which may include the Georgia Procurement Registry as provided by Code Section 50-5-69. (2) Contract opportunities that are advertised in the legal organ 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. (3) Contract opportunities that are advertised solely on the Internet shall be posted continuously for at least four weeks prior to the opening of sealed bids or proposals. Inadvertent or unintentional loss of Internet service during the advertisement period shall not require the contract award or bid or proposal opening to be delayed. (4) Contract opportunities that will be awarded by competitive sealed bids shall have Plans plans and specifications shall be available on the first day of the advertisement and shall be open to inspection by the public. The plans and specifications shall

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indicate if the project will be awarded by base bid or base bid plus selected alternates and:
(A) A statement listing whether all anticipated federal, state, or local permits required for the project have been obtained or an indication of the status of the application for each such permit including when it is expected to be obtained; and (B) A statement listing whether all anticipated rights of way and easements required for the project have been obtained or an indication of the status as to when each such rights of way or easements are expected to be obtained. (5) Contract opportunities that will be awarded by competitive sealed proposals shall be publicly advertised with a request for proposals which request shall include conceptual program information in the request for proposals describing the requested services in a level of detail appropriate to the project delivery method selected for the project. (6) 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. (7) All required notices of advertisement shall also advise of any mandatory prequalification requirements or pre-bid conferences as well as any federal requirements pursuant to subsection (d) of Code Section 36-91-22. Any advertisement which provides notice of a mandatory pre-bid conference or prequalification shall provide reasonable advance notice of said conference or for the submittal of such prequalification information. (c) Governmental entities are authorized to utilize any construction delivery method, provided that all public works construction contracts subject to the requirements of this chapter that: (1) Place the bidder or offeror at risk for construction; and (2) Require labor or building materials in the execution of the contract shall be awarded on the basis of competitive sealed bidding or competitive sealed proposals. Governmental entities shall have the authority to reject any and all bids or proposals or any bid or proposal that is nonresponsive or not responsible and to waive technicalities and informalities. (d) No governmental entity shall issue or cause to be issued any addenda modifying plans and specifications within a period of 72 hours prior to the advertised time for the opening bids or proposals, excluding Saturdays, Sundays, and legal holidays. However, if the necessity arises to issue an addendum modifying plans and specifications within the 72 hour period prior to the advertised time for the opening of bids or proposals, excluding Saturdays, Sundays, and legal holidays, then the opening of bids or proposals shall be extended at least 72 hours, excluding Saturdays, Sundays, and legal holidays, from the date of the original bid or proposal opening without need to readvertise as required by subsection (b) of this Code section. (e) Bid and contract documents may contain provisions authorizing the issuance of change orders, without the necessity of additional requests for bids or proposals, within the scope of the project when appropriate or necessary in the performance of the contract. Change orders may not be used to evade the purposes of this article.

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(f) Any governmental entity may, in its discretion, adopt a process for mandatory prequalification of prospective bidders or offerors; provided, however, that:
(1) Criteria for prequalification must be reasonably related to the project or the quality of work; (2) Criteria for prequalification must be available to any prospective bidder or offeror requesting such information for each project that requires prequalification; (3) Any prequalification process must include a method of notifying prospective bidders or offerors of the criteria for or limitations to prequalification; and (4) Any prequalification process must include a procedure for a disqualified bidder to respond to his or her disqualification to a representative of the governmental entity; provided, however, that such procedure shall not be construed to require the governmental entity to provide a formal appeals procedure. A prequalified bidder or offeror can not be later disqualified without cause."
SECTION 3. Said chapter is further amended by revising subsection (b) of Code Section 36-91-51, relating to cash in lieu of bid bonds and letters of credit, as follows:
"(b) When the amount of any bid bond required under this article does not exceed $300,000.00 $750,000.00, the governmental entity may, in its sole discretion, accept an irrevocable letter of credit issued by a bank or savings and loan association, as defined in Code Section 7-1-4, in the amount of and in lieu of the bond otherwise required under Code Section 36-91-50."
SECTION 4. Said chapter is further amended by revising Code Section 36-91-71, relating to acceptable substitutes for bonds, as follows:
"36-91-71. When the amount of the performance bond required under this article does not exceed $300,000.00 $750,000.00, the governmental entity may, in its sole discretion, accept an irrevocable letter of credit by a bank or savings and loan association, as defined in Code Section 7-1-4, in the amount of and in lieu of the bond otherwise required under this article."
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Representative England of the 108th moved that the House disagree to the Senate substitute to HB 134.
The motion prevailed.
HB 451. By Representatives Lewis of the 15th, Stephens of the 164th, Parrish of the 156th and Watson of the 91st:

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A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, so as to provide for a program of tax refunds for companies creating certain tourism attractions; to provide for a short title; to define terms; to state legislative findings; to provide for conditions of eligibility and approval by the Department of Economic Development and a local government; to provide for agreements between that department and companies; to provide for regulations; to provide for related matters; to provide for an effective date; 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 relating to income tax credits for film, video, or digital productions in this state; to provide for a program of tax refunds for companies creating and expanding certain tourism attractions; to provide for a short title; to define terms; to state legislative findings; to provide for conditions of eligibility and approval by the Department of Economic Development and a local government; to provide for agreements between that department and companies; to provide for regulations; 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 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Code Section 48-7-40.26, relating to income tax credits for film, video, or digital productions in this state, by revising paragraph (9) of subsection (b) 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 Reserved."
SECTION 2. Said title is further amended by revising subsections (c) and (d) of said Code Section 487-40.26 as follows:
"(c) For any production company and its affiliates that invest in a state certified production approved by the Department of Economic Development and whose average annual total production expenditures in this state did not exceed $30 million for 2002,

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2003, and 2004, there shall be allowed an income tax credit against the tax imposed under this article. The tax credit under this subsection shall be allowed if the base investment in this state equals or exceeds $500,000.00 for qualified production activities and shall be calculated as follows:
(1) The production company shall be allowed a tax credit equal to 9 15 percent of the base investment in this state; (2) If the base investment in this state is in a tier 1 or tier 2 county, the production company shall be allowed an additional tax credit equal to 3 percent of such base investment Reserved; (3) If Georgia residents are employed in the production, the production company shall be allowed an additional tax credit equal to 3 percent of the total aggregate payroll of Georgia residents; and (4) If the base investment in this state is in excess of $20 million for multiple television projects, the production company shall be allowed an additional tax credit equal to 2 percent of such base investment. (d) For any production company and its affiliates that invest in a state certified production approved by the Department of Economic Development and whose average annual total production expenditures in this state exceeded $30 million for 2002, 2003, and 2004, there shall be allowed an income tax credit against the tax imposed under this article. For purposes of this subsection, the excess base investment in this state is computed by taking the current year production expenditures in a state certified production and subtracting the average of the annual total production expenditures for 2002, 2003, and 2004. The tax credit shall be calculated as follows: (1) If the excess base investment in this state equals or exceeds $500,000.00, the production company and its affiliates shall be allowed a tax credit of 9 15 percent of such excess base investment; (2) An additional tax credit of 3 percent shall be allowed to the production company and its affiliates that qualify for and claim a credit under paragraph (1) of this subsection but only with respect to that portion of such production company's and affiliate's base investment that is the difference between the production expenditures in a state certified production in a tier 1 or tier 2 county in the current year and the average of the aggregate production expenditures made in those same counties for the years 2002, 2003, and 2004 Reserved; (3) If Georgia residents are employed in the production, the production company and its affiliates shall be allowed an additional tax credit equal to 3 percent of the difference between the total aggregate payroll of Georgia residents, which is includable in the base investment in the current year, and the average of the aggregate payroll of Georgia residents for the years 2002, 2003, and 2004; and (4) If the excess base investment in this state is in excess of $20 million for multiple television projects, the production company and its affiliates shall be allowed an additional tax credit equal to 2 percent of the difference between the production expenditures in a state certified production for multiple television projects in the

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current year over the average of the production expenditures for multiple television projects for the years 2002, 2003, and 2004."
SECTION 3. Said title is further amended in Chapter 8, relating to sales and use taxation, by adding a new Article 5 as follows:
"ARTICLE 5
48-8-240. This article shall be known and may be cited as the 'Georgia Tourism Development Act.'
48-8-241. As used in this article, the term:
(1) 'Agreement' means a tourism attraction agreement entered into, pursuant to Code Section 48-8-245, on behalf of the Georgia Department of Economic Development and an approved company, with respect to a tourism attraction project. (2) 'Approved company' means any corporation, limited liability company, partnership, limited liability partnership, sole proprietorship, business trust, or any other entity that is seeking to undertake a tourism project pursuant to Code Section 48-8-245 and is approved by the commissioner of economic development and by the governing authority of the city where the tourism attraction project is to be located if within a city or otherwise by the governing authority of the county where the tourism attraction project is to be located. (3) 'Approved costs' means:
(A) Obligations incurred for labor and to vendors, contractors, subcontractors, builders, suppliers, deliverymen, and materialmen in connection with the acquisition, construction, equipping, and installation of a tourism attraction project; (B) The costs of acquiring real property or rights in real property and any costs incidental thereto; (C) All costs for construction materials and equipment installed at the tourism attraction project; (D) The cost of contract bonds and of insurance of all kinds that may be required or necessary during the course of the acquisition, construction, equipping, and installation of a tourism attraction project which is not paid by the vendor, supplier, deliveryman, contractor, or otherwise provided; (E) All costs of architectural and engineering services, including but not limited to: estimates, plans and specifications, preliminary investigations, and supervision of construction and installation, as well as for the performance of all the duties required by or consequent to the acquisition, construction, equipping, and installation of a tourism attraction project;

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(F) All costs required to be paid under the terms of any contract for the acquisition, construction, equipping, and installation of a tourism attraction project; (G) All costs required for the installation of utilities, including but not limited to: water, sewer, sewer treatment, gas, electricity and communications and including off-site construction of the facilities paid for by the approved company; and (H) All other costs comparable with those described in this paragraph. (4) 'Tourism attraction' means a cultural or historical site; a recreation or entertainment facility; an area of natural phenomenon or scenic beauty; a convention hotel and conference center; a race track with lodging and restaurant and other tourism amenities; a golf course facility with lodging and restaurant and other tourism amenities; marinas and water parks with lodging and restaurant facilities; or an entertainment destination center, designed to attract tourists to the State of Georgia, subject to the following conditions: (A) A tourism attraction shall include commercial lodging facilities if the facilities constitute a significant portion of a tourism attraction project or the facilities are to be located on recreational property leased from a county, a municipal corporation, the state, or the federal government; and (B) A tourism attraction shall not include the following:
(i) Facilities that are primarily devoted to the retail sale of goods, shopping centers, restaurants, movie theaters, performing arts facilities, or a Georgia crafts and products center; or (ii) Recreational facilities that do not serve as a likely destinations where individuals who are not residents of the state would remain overnight in commercial lodging at the tourism attraction project. (5) 'Tourism attraction project' or 'project' means the real estate acquisition, including the acquisition of real estate by a leasehold interest with a minimum term of 30 years, construction, and equipping of a tourism attraction; the construction and installation of improvements to facilities necessary or desirable for the acquisition, construction, and installation of a tourism attraction project, including but not limited to surveys; installation of utilities, which may include water, sewer, sewage treatment, gas, electricity, communications, and similar facilities; and off-site construction of utility extensions if paid for by the approved company.
48-8-242. The General Assembly finds and declares that the general welfare and material wellbeing of the citizens of the state depend in large measure upon the development of tourism in the state; that it is in the best interest of the state to induce the creation of new tourism attractions and the expansion of existing tourism attractions within the state in order to advance the public purposes of relieving unemployment by preserving and creating jobs that would not exist if not for the sales and use tax refund offered by the Department of Economic Development to approved companies and preserving and creating sources of tax revenues for the support of public services provided by the state; that the purposes to be accomplished under the provisions of this article are proper

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governmental and public purposes for which public moneys may be expended; and that the inducement of the creation and expansion of tourism attraction projects is of paramount importance to the economy of the state, mandating that the provisions of this article are to be liberally construed and applied in order to advance public purposes.
48-8-243. (a)(1)(A) In consideration of the execution of the agreement each approved company shall be granted a sales and use tax refund from the Georgia sales and use tax and all local sales and use taxes on the sales generated by the approved company and arising at the tourism attraction. (B) In consideration of the execution of the agreement each approved company shall be granted a sales and use tax refund from the Georgia sales and use tax and all local sales and use taxes on the sales generated by the approved company that are attributable to and connected with any project to be a part of or an addition to an existing tourism attraction. Each approved company shall keep and maintain annual records that delineate the increase in sales created by a project at an existing tourism attraction in order to be eligible to be granted a refund for that increase in sales.
(2) The approved company shall have no obligation to refund or otherwise return any amount of this sales and use tax refund to the persons from whom the sales and use tax was collected. (3) For all tourism attractions the term of the agreement granting the sales and use tax refund shall be ten years. (4) This time period shall commence on the later of:
(A) The final approval of the agreement for purposes of the sales and use tax refund; or (B) The effective date specified in the agreement. (b) Any sales and use tax collected by an approved company on sales transacted after final approval but prior to the commencement of the term of the agreement shall be refundable as if collected after the commencement of the term and applied to the approved company's first year's refund after activation of the term and without changing the term. (c) The total sales and use tax refund allowed to the approved company over the term of the agreement shall be equal to the lesser of the total amount of the sales and use tax liability of the approved company or 25 percent of the approved costs for the tourism attraction project, subject to the following conditions: (1) The sales and use tax refund shall accrue over the term of the agreement in an annual amount equal to 2.5 percent of the approved costs; and (2) Notwithstanding the foregoing 2.5 percent limitation, any unused sales and use tax refunds from a previous year may be carried forward to any succeeding year during the term of the agreement. (d) On or before March 31 of each year during the term of the agreement, an approved company shall file with the department a claim for sales and use tax refund collected by

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the approved company and remitted to the department during the preceding calendar year pursuant to subsection (c) of this Code section. (e) The department shall promulgate administrative regulations and require the filing of a refund form designed by the department to reflect the intent of this article.
48-8-244. (a) The commissioner of economic development shall establish standards for the filing of an application for tourism attraction projects by the promulgation of administrative regulations. (b) An application for a tourism attraction project filed with the Department of Economic Development shall include: marketing plans for the tourism attraction project that target individuals who are not residents of the state; a description and location of the tourism attraction project; capital and other anticipated expenditures for the tourism attraction project and the anticipated sources of funding therefor; the anticipated employment and wages to be paid at the tourism attraction project; business plans which indicate the average number of days in a year in which the tourism attraction project will be in operation and open to the public; and the anticipated revenues to be generated by the tourism attraction project. (c) The commissioner of economic development and the local governing authority specified in paragraph (2) of Code Section 48-8-241 may grant approval to the tourism attraction project if the project shall:
(1)(A) Have approved costs in excess of $25 million if the project is to be a new tourism attraction. (B) Have approved costs in excess of $10 million if the project is to be a part of or an addition to an existing tourism attraction; (2) Have a significant and positive economic impact on the state considering, among other factors, the extent to which the tourism attraction project will compete directly with existing tourism attractions in the state and the amount by which increased state and local tax revenues from the tourism attraction project will exceed the refund to be given to the approved company; (3) Produce sufficient revenues and public demand to be operating and open to the public for a minimum of 150 days per year; and (4) Not adversely affect existing employment in the state.
48-8-245. (a) The Department of Economic Development, upon final approval of a tourism attraction project application, shall enter into an agreement with any approved company and the terms and provisions of each agreement shall include, but not be limited to:
(1) The projected amount of approved costs, provided any increase in approved costs incurred by the approved company and agreed to by the department shall apply retroactively for purposes of calculating the carry forward for unused sales and use tax refunds as set forth in subsection (c) of Code Section 48-8-243 for tax years commencing on or after the effective date of this article;

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(2) A date certain by which the approved company shall have completed the tourism attraction project and begun operations. Upon request from any approved company that has received final approval, the Department of Economic Development shall grant an extension or change, which in no event shall exceed 18 months from the date of final approval, to the completion date as specified in the agreement with an approved company; (3) The term shall be ten years from the later of:
(A) The date of the final approval of the tourism attraction project; or (B) The original effective date specified in the agreement, if this effective date is within three years of the date of the final approval of the tourism attraction project."

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 law in conflict with this Act are repealed.

Pursuant to Rule 117.2, the Speaker ruled the Senate substitute to HB 451 not germane, and the House has disagreed.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

SB 98.

By Senators Hamrick of the 30th, Mullis of the 53rd, Thomas of the 54th, Heath of the 31st, Staton of the 18th and others:

A BILL to be entitled an Act to amend Titles 16 and 35 of the Official Code of Georgia Annotated, relating to crimes and offenses and law enforcement officers and agencies, respectively, so as to provide the Georgia Bureau of Investigation with the authority to investigate certain offenses against minors, including subpoena power; to change provisions relating to the "Computer Pornography and Child Exploitation Act of 1999"; to provide for a definition; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

Representative Mumford of the 95th moved that the House insist on its position in substituting SB 98.

The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

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HB 559. By Representatives Kaiser of the 59th, Sheldon of the 105th, Ashe of the 56th, Jones of the 46th, Thomas of the 55th and others:
A BILL to be entitled an Act to amend Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for teachers and other school personnel in elementary and secondary education, so as to provide for teachers and employees of charter schools to be considered employees for purposes of participating in the health insurance plans for teachers and other school personnel; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL
To amend Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for teachers and other school personnel in elementary and secondary education, so as to provide for teachers and employees of charter schools to be considered employees for purposes of participating in the health insurance plans for teachers and other school personnel; to amend Article 31 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to charter schools, so as to enact the "Charter Systems Act"; to provide for legislative findings; to provide for the establishment of charter systems; to revise and add definitions; to provide for the establishment of the Charter Advisory Committee; to provide for requirements for petitions for charter systems; to revise certain provisions relating to the approval or denial of a charter petition; to revise certain provisions relating to the review of charters; to provide for terms and renewals of charter systems; to provide for waivers and operating requirements, control, and management for charter systems; to provide for termination of charter systems; to revise certain provisions relative to funding of charter schools; to change certain provisions relative to the Office of Charter School Compliance; to revise provisions for purposes of conformity; 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 1-1.
Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for teachers and other school personnel in elementary and secondary education, is amended in Code Section 20-2-880, relating to definitions relative to a health plan for public school teachers, by revising paragraphs (3) and (4) as follows:

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"(3) 'Local employer' means the county or independent board of education, a charter school, regional and county libraries, and the governing authority of Georgia Military College. (4) 'Public school teacher,' 'teacher,' and 'employee' mean any person employed not less than half time in a professionally certificated capacity or position in the public school systems of this state. 'Public school teacher,' 'teacher,' and 'employee' also mean librarians and other personnel employed by regional and county libraries or the high school program of Georgia Military College. 'Public school teacher,' 'teacher,' and 'employee' also mean any professionally certificated person who has acquired ten years or more of creditable service and who is being paid retirement benefits by the Teachers Retirement System of Georgia, Chapter 3 of Title 47, or by any other public school teacher retirement system in this state. 'Public school teacher,' 'teacher,' and 'employee' also mean any person employed not less than half time and compensated in a professionally certificated capacity or position in a charter school in this state established pursuant to Article 31 of Chapter 2 of Title 20, if the charter school elects to participate in the health insurance plan established pursuant to this subpart. 'Public school teacher,' 'teacher,' and 'employee' shall not be deemed to include any emergency or temporary employee. Notwithstanding this definition or any other provision of this subpart, the board may, by regulation, make available to employees who work 17 1/2 hours or more per week such benefits as are required to be made available to such employees by regulations of the United States Internal Revenue Service or any other federal authority."
SECTION 1-2. Said part is further amended in Code Section 20-2-910, relating to definitions relative to a health plan for public school employees, by revising paragraph (3) as follows:
"(3) 'Public school employee' means an 'employee' as defined in paragraph (20) of Code Section 47-4-2. 'Public school employee' also means classroom aides, paraprofessionals, and noncertified administrative and clerical personnel. It is specifically provided, however, that the term 'public school employee' shall not include any emergency or temporary employee or any other employee who works in a position otherwise covered by such term less than 60 percent of the time required to carry out the duties of such position. 'Public school employee' also means any person, other than an employee in a professionally certificated capacity or position, employed not less than half time and compensated in a charter school in this state established pursuant to Article 31 of Chapter 2 of Title 20, if the charter school elects to participate in the health insurance plan established pursuant to this subpart. Notwithstanding this definition or any other provision of this subpart, the board may, by regulation, make available to employees who work 17 1/2 hours or more per week such benefits as are required to be made available to such employees by regulations of the United States Internal Revenue Service or any other federal authority."

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PART II SECTION 2-1.
This Part shall be known and may be cited as the "Charter Systems Act."
SECTION 2-2. The General Assembly finds that schools and school systems should be given high flexibility to tailor their educational programs to meet the unique needs of their communities. In furtherance of this, schools and school systems should be encouraged to use innovative educational programs including local management of schools and should be provided resources to help design and implement innovative programs. The General Assembly further finds that schools and school systems shall be held accountable for student achievement.
SECTION 2-3. Article 31 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Charter Schools Act of 1998," is amended in Code Section 20-2-2062, relating to definitions, by revising paragraphs (1), (2), (8), and (11), by renumbering paragraph (5.1), and by inserting new paragraphs (3.1), (5.1), (12.1), and (17), as follows:
"(1) 'Charter' means a performance based contract between a local board and a charter petitioner, the terms of which are approved by the local board and by the state board in the case of a local charter school, or between the state board and a charter petitioner, the terms of which are approved by the state board in the case of a state chartered special school, or between a local board and the state board, the terms of which are approved by the state board in the case of a charter system. By entering into a charter, a charter petitioner and local board shall be deemed to have agreed to be bound to all the provisions of this article as if such terms were set forth in the charter." "(2) 'Charter petitioner' means a local school, local board of education, private individual, private organization, or state or local public entity that submits a petition for a charter. The term 'charter petitioner' does not include home study programs or schools, sectarian schools, religious schools, private for profit schools, private educational institutions not established, operated, or governed by the State of Georgia, or existing private schools." "(3.1) 'Charter system' means a local school system that is operating under the terms of a charter pursuant to Code Section 20-2-2063.1." "(5.1) 'Governing council' means a school level council of parents, teachers, administrators, and others who are involved in school level governance within a charter system. (5.1)(5.2) 'High school cluster' means a high school and all of the middle and elementary schools which contain students who matriculate to such high school. The schools in a high school cluster may include charter schools, local schools, or a combination of both."

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"(8) 'Local revenue' means local taxes budgeted for school purposes in excess of the local five mill share, combined with any applicable equalization grant and budgeted revenues from any of the following: investment earnings, unrestricted donations, and the sale of surplus property; but exclusive of revenue from bonds issued for capital projects, revenue to pay debt service on such bonds, and local option sales tax for capital projects, and budgeted school food service program costs. Nothing in this paragraph shall be construed to prevent a local board from including a local charter school in projects specified in the ballot language of a local option sales tax or bond referendum." "(11) 'Petition' means a proposal to establish a charter school or a charter system." "(12.1) 'School level governance' means decision-making authority in personnel decisions, financial decisions, curriculum and instruction, resource allocation, establishing and monitoring the achievement of school improvement goals, and school operations." "(17) 'System charter school' means a school within a charter system."
SECTION 2-4. Said article is further amended in Code Section 20-2-2063, relating to minimum requirements for charter petitions, by adding a new subsection to the end of such Code section as follows:
"(d) The State Board of Education shall establish rules, regulations, policies, and procedures to provide for a charter petition from a local school system to establish a charter system. Such rules, regulations, policies, and procedures shall require that a charter petition and the charter contain an explanation of the structure, rights, and responsibilities of the principal, governing council, and local board of education of the system charter school, with an objective of maximizing school level governance and the involvement of parents, teachers, and community members in such governance."
SECTION 2-5. Said article is further amended by adding new Code sections as follows:
"20-2-2063.1. (a) The state board shall establish a Charter Advisory Committee to review charter petitions for compliance with established standards of the state board, to make recommendations to the state board on charter policy, and to provide recommendations to the state board regarding charter petitions. The committee shall be composed of nine members as follows:
(1) Three members appointed by the chairperson of the state board; (2) Three members appointed by the Lieutenant Governor; and (3) Three members appointed by the Speaker of the House of Representatives. All members shall serve at the pleasure of their respective appointing officials. The committee shall elect a chairperson from among its membership. (b) The committee shall conduct itself in accordance with any rules and guidelines established by the state board with regard to timeframes, procedures, and protocol.

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(c) The committee shall be authorized to request clarifying information from a charter petitioner and to receive input from interested parties on a charter petition. (d) The committee shall:
(1) Make recommendations to the state board of approval or denial on each charter petition and shall specify the reasons for such recommendations; and (2) Periodically make recommendations to the state board regarding charter policy; (3) Make recommendations to the state board on the disbursement of planning grants for charter systems, if funds are made available. (e) The committee shall be authorized to enter into contracts, subject to available funding, with one or more consultants to assist the committee in its duties and if directed to do so by the committee, to do the following: (1) Assist charter petitioners in the drafting of their petitions; (2) Assist charter petitioners in the design and implementation of innovative education programs and school level governance based on research, model programs, or other credible information; (3) Monitor and assist charter schools and charter systems; and (4) Perform any other functions related to the support of the committee. (f) The committee shall work in cooperation with the Office of Charter School Compliance, as established pursuant to Code Section 20-2-2069. (g) The members of the committee shall receive no compensation for their services but shall be reimbursed for actual and necessary expenses incurred by them in carrying out their duties. (h) The committee shall be assigned to the Department of Education for administrative purposes only, as prescribed in Code Section 50-4-3.
20-2-2063.2. (a) The state board shall be authorized to enter into a charter with a local board to establish a local school system as a charter system. (b) A local board seeking to create a charter system must submit a petition to the state board. Prior to submitting such petition, the local board shall:
(1) Adopt a resolution approving the proposed charter system petition; (2) Conduct at least two public hearings and provide notice of the hearings in the same manner as other legal notices of the local board; and (3) Send a notice to each principal within the local school system of the hearings with instructions that each school shall distribute the notice to faculty and instructional staff members and to the parent or guardian of each student enrolled in the school. The local board may revise its proposed charter system petition, upon resolution, as a result of testimony at the public hearings or for other purposes. (c) Prior to approval or denial of a charter petition for a charter system, the state board shall receive and give all due consideration to the recommendation and input from the Charter Advisory Committee established in Code Section 20-2-2063.1. The state board shall approve the charter if the state board finds, after receiving input from the Charter Advisory Committee, that the petition complies with the rules, regulations, policies, and

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procedures promulgated pursuant to Code Section 20-2-2063 and the provisions of this title, is in the public interest, and promotes school level governance. (d) All schools within an approved charter system shall be system charter schools except as otherwise provided in subsections (f) and (g) of this Code section.
(e)(1) Subject to appropriations by the General Assembly or other available funding, the state board, after receiving input and recommendations from the Charter Advisory Committee, shall disburse planning grants to local school systems which desire to become charter systems. Such grants will be disbursed in accordance with any applicable guidelines, policies, and requirements established by the state board. (2) Subject to specific appropriations by the General Assembly for this purpose, the state board shall disburse implementation grants in the amount of $125,000.00 or such other amount as determined by the state board to each charter system. The state board shall be authorized to approve up to five petitions for charter systems during fiscal year 2008, and may approve up to a maximum number of petitions in following years as may be established pursuant to board rules and as subject to availability of funding for implementation grants. (f) A system charter school shall not be precluded from petitioning to become a conversion charter school, in accordance with Code Section 20-2-2064, not subject to the terms of the system charter. In the event a system charter school becomes a conversion charter school, the system charter shall be amended to reflect that such school is no longer bound by the system charter. (g) An existing conversion or start-up charter school within a local school system which is petitioning to become a charter system shall have the option of continuing under its own existing charter, not subject to the terms of the system charter, or of terminating its existing charter, upon agreement by the local board and state board, and becoming subject to the system charter as a charter system school."
SECTION 2-6. Said article is further amended by revising Code Section 20-2-2064, relating to approval or denial of petition, as follows:
"20-2-2064. (a) A charter petitioner seeking to create a conversion charter school must submit a petition to the local board of the local school system in which the proposed charter school will be located. The local board must by a majority vote approve or deny a petition no later than 60 days after its submission unless the petitioner requests an extension; provided, however, that a denial of a petition by a local board shall not preclude the submission to the local board of a revised petition that addresses deficiencies cited in the denial; and provided, further, that the local board shall not act upon a petition for a conversion charter school until such petition:
(1) Has been freely agreed to, by secret ballot, by a majority of the faculty and instructional staff members of the petitioning local school at a public meeting called with two weeks advance notice for the purpose of deciding whether to submit the petition to the local board for its approval; and

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(2) Has been freely agreed to, by secret ballot, by a majority of parents or guardians of students enrolled in the petitioning local school present at a public meeting called with two weeks advance notice for the purpose of deciding whether to submit the petition to the local board for its approval. This subsection shall not apply to a system charter school petitioning to be a conversion charter school. (b) A charter petitioner seeking to create a start-up charter school must submit a petition to the local board of the local school system in which the proposed charter school will be located. The local board must by a majority vote approve or deny a petition no later than 60 days after its submission unless the petitioner requests an extension. A denial of a petition by a local board shall not preclude the submission to the local board of a revised petition that addresses deficiencies cited in the denial. (c) A system charter school's school council or governing council, as applicable, may petition to become a conversion charter school. The petition shall be submitted to the local board of the charter system in which the school is located. The local board must by a majority vote approve or deny a petition no later than 60 days after its submission unless the petitioner requests an extension; provided, however, that a denial of a petition by a local board shall not preclude the submission to the local board of a revised petition that addresses deficiencies cited in the denial. (c)(d) A local board shall approve a petition that complies with the rules, regulations, policies, and procedures promulgated in accordance with Code Section 20-2-2063 and the provisions of this title and is in the public interest. If a local board denies a petition, it must within 60 days specifically state the reasons for the denial, list all deficiencies with respect to Code Section 20-2-2063, and provide a written statement of the denial to the charter petitioner and the state board. (d)(e) The state board or the Charter Advisory Committee, if directed by the state board to do so, may mediate between the local board and a charter petitioner whose petition was denied to assist in resolving issues which led to denial of the petition by the local board."
SECTION 2-7. Said article is further amended by revising Code Section 20-2-2064.1, relating to review of charter by state board, as follows:
"20-2-2064.1. (a) Prior to approval or denial of a charter petition under this Code section, the state board shall receive and give all due consideration to the recommendation and input from the Charter Advisory Committee established in Code Section 20-2-2063.1. (b) The state board shall approve the charter of a charter petitioner if the petition has been approved by the local board of the local school system in which the proposed charter school will be located and the state board finds, after receiving input from the Charter Advisory Committee, that the petition complies with the rules, regulations, policies, and procedures promulgated in accordance with Code Section 20-2-2063 and the provisions of this title and is in the public interest. If the state board denies a

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petition, it must within 60 days specifically state the reasons for the denial, list all deficiencies with regard to Code Section 20-2-2063, and provide a written statement of the denial to the charter petitioner and to the local board. (b)(c) No application for a state chartered special school may be made to the state board by a petitioner for a conversion charter school that has been denied by a local board. Upon denial of a petition for a start-up charter school by a local board and upon application to the state board by the petitioner, the state board shall approve the charter of a start-up charter petitioner for a state chartered special school if the state board finds, after receiving input from the Charter Advisory Committee, that such petition meets the requirements set forth in Code Section 20-2-2063 and the provisions of this title, and is in the public interest."
SECTION 2-8. Said article is further amended by revising Code Section 20-2-2065, relating to operating requirements, control, and management, as follows:
"20-2-2065. (a) Except as provided in this article or in a charter, a charter school, or for charter systems, each school within the system, shall not be subject to the provisions of this title or any state or local rule, regulation, policy, or procedure relating to schools within an applicable school system regardless of whether such rule, regulation, policy, or procedure is established by the local board, the state board, or the Department of Education; provided, however, that the state board may establish rules, regulations, policies, or procedures consistent with this article relating to charter schools. A waiver granted pursuant to this Code section for a charter system shall apply to each system charter school within the system. In exchange for such a waiver, the charter school agrees to meet or exceed the performance based goals included in the charter and approved by the local board or, for the charter system, the system agrees to meet or exceed the system-wide performance based goals included in the charter and approved by the state board, including but not limited to raising student achievement. For a charter system, the charter shall delineate the performance based goals that the system and each school will be expected to meet as well as the criteria by which a system charter may be revoked in addition to those contained in Code Section 20-2-2068. (b) In determining whether to approve a charter petition or renew an existing charter, the local board and state board shall ensure that a charter school, or for charter systems, each school within the system, shall be:
(1) A public, nonsectarian, nonreligious, nonprofit school that is not home based, provided that a charter school's nonprofit status shall not prevent the school from contracting for the services of a for profit entity and that nothing in this Code section shall preclude the use of computer and Internet based instruction for students in a virtual or remote setting; (2) Subject to the control and management of the local board of the local school system in which the charter school is located, as provided in the charter and in a manner consistent with the Constitution, if a local charter school;

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(3) Subject to the supervision of the state board, as provided in the charter and in a manner consistent with the Constitution, if a state chartered special school; (4) Organized and operated as a nonprofit corporation under the laws of this state; provided, however, that this paragraph shall not apply to any charter petitioner that is a local school, local school system, or state or local public entity; (5) Subject to all federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; and the prevention of unlawful conduct; (6) Subject to all laws relating to unlawful conduct in or near a public school; (7) Subject to an annual financial audit conducted by the state auditor or, if specified in the charter, by an independent certified public accountant licensed in this state; (8) Subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, and such provisions shall apply with respect to charter schools whose charters are granted or renewed on or after July 1, 2000; (9) Subject to all reporting requirements of Code Section 20-2-160, subsection (e) of Code Section 20-2-161, Code Section 20-2-320, and Code Section 20-2-740; (10) Subject to the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133; and (11) Subject to the provisions of Code Section 20-2-1050 requiring a brief period of quiet reflection."
SECTION 2-9. Said article is further amended in Code Section 20-2-2066, relating to admission, enrollment, and withdrawal of students, by adding a new subsection as follows:
"(b.1) A charter system shall enroll students in its system charter schools per the terms of the charter and in accordance with state board rules."
SECTION 2-10. Said article is further amended by revising Code Section 20-2-2067.1, relating to amendment of terms of charter for charter school, initial term of charter, and annual report, as follows:
"20-2-2067.1. (a) The terms of a charter for a local charter school may be amended during the term of the charter upon the approval of the local board, the state board, and the charter school. The terms of a charter for a state chartered special school may be amended during the term of the charter upon the approval of the state board and the charter school. The terms of a charter for a charter system may be amended during the term of the charter upon approval of the state board and the local board. (b) The initial term of a charter, except for a charter system, shall be for a minimum of five years, unless the petitioner shall request a shorter period of time, and shall not exceed ten years. The local board and the state board, in accordance with Code Section 20-2-2064.1, may renew a local charter, upon the request of the charter school, for the

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period of time specified in the request, not to exceed ten years. The state board may renew a state chartered special school, upon the request of the school, for the period of time specified in the request, not to exceed ten years. The initial term of a charter for a charter system shall not exceed five years. The state board may renew the charter of a charter system, upon the request of the local board, for the period of time specified in the request, not to exceed ten years. (c) A Each start-up and conversion charter school and each charter system shall submit an annual report outlining the previous year's progress to the authorizing local board or state board, as appropriate; to parents and guardians of students enrolled in the school, or, for a charter system, to parents and guardians of students enrolled in school within the local school system; and to the Department of Education no later than October 1 of each year. The report submitted by a charter system shall include, but not limited to, data on all of its system charter schools. The report shall contain, but is not limited to:
(1) An indication of progress toward the goals as included in the charter; (2) Academic data for the previous year, including state academic accountability data, such as standardized test scores and adequate yearly progress data; (3) Unaudited financial statements for the fiscal year ending on June 30, provided that audited statements will be forwarded to the local board and state board upon completion; (4) Updated contact information for the school and the administrator, and for charter systems, each system charter school and its respective administrator; (5) Proof of current nonprofit status, if applicable; and (6) Any other supplemental information that the charter school or charter system chooses to include or that the state board requests that demonstrates its that school or system's success; and (7) For charter systems, an on-site external evaluation of the system at least once every five years, as determined by the state board."
SECTION 2-11. Said chapter is further amended by revising Code Section 20-2-2068, relating to charter amendments and terminations, as follows:
"20-2-2068. (a) The state board may terminate a charter under the following circumstances:
(1)(A) If a majority of the parents or guardians of students enrolled at the charter school vote by a majority vote to request the termination of its charter at a public meeting called with two weeks advance notice and for the purpose of deciding whether to request the state board to declare the charter null and void; or (B) If a majority of the faculty and instructional staff employed at the charter school vote by a majority vote to request the termination of its charter at a public meeting called with two weeks advance notice and for the purpose of deciding whether to request the state board to declare the charter null and void; This paragraph shall not apply to system charter schools.

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(2) If, after providing reasonable notice to the charter school or charter system, as applicable, and an opportunity for a hearing, the state board finds:
(A) A failure to comply with any recommendation or direction of the state board with respect to Code Section 20-14-41; (B) A failure to adhere to any material term of the charter, including but not limited to the performance goals set forth in the charter; (C) A failure to meet generally accepted standards of fiscal management; (D) A violation of applicable federal, state, or local laws or court orders; (E) The existence of competent substantial evidence that the continued operation of the charter school or charter system would be contrary to the best interests of the students or the community; or (F) A failure to comply with any provision of Code Section 20-2-2065; or (3) Upon the written request of a local board for termination of a charter for a local charter school located within its school system if, prior to making such request, the local board provided reasonable notice to the charter school and an opportunity for a hearing, and determined the existence of any of the grounds described in paragraph (2) of this Code section. (b) For a system charter school, if the school council or governing council, as applicable, at such school within the charter system requests that: (1) The system charter be terminated; or (2) The system charter be amended with respect to such system charter school; the state board, after providing reasonable notice to the charter system and the system charter school, shall conduct a hearing. Based on the findings of the hearing, the state board may enter into negotiations with the charter system to amend the charter to address the concerns of the requesting system charter school. If negotiations fail and the state board finds good cause, the state board shall be authorized to terminate the system charter or to amend the system charter with respect to the requesting system charter school; provided, however, that the local board shall be authorized to terminate the system charter if it is unwilling to accept the amendments to such charter by the state board. 'Good cause' includes but is not limited to a local board's failure to comply with its obligations and duties under the system charter, state board rules, or other applicable law, or other good cause as determined in the sole discretion of the state board."
SECTION 2-12. Said chapter is further amended in Code Section 20-2-2068.1, relating to application of the Quality Basic Education Formula, grants, local tax revenue, and funds from local bonds, by revising subsections (a) and (c) as follows:
"(a) A local charter school shall be included in the allotment of QBE formula earnings, applicable QBE grants, applicable non-QBE state grants, and applicable federal grants to the local school system in which the local charter school is located under Article 6 of this chapter. The local board and the state board shall treat a conversion charter school no less favorably than other local schools located within the applicable local school

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system unless otherwise provided by law. The local board and the state board shall treat a start-up charter school no less favorably than other local schools within the applicable local system with respect to the provision of funds for instruction, and school administration, and, where feasible, transportation, food services, and, where feasible, building programs." "(c) In addition to the earnings set out in subsection (b) of this Code section, local revenue shall be allocated to a local charter school on the same basis as for any local school in the local school system. In the case of a start-up charter school, local revenue earnings shall be calculated as follows:
(1) Determine the total amount of state and local five mill share funds earned by students enrolled in the local start-up charter school as calculated by the Quality Basic Education Formula pursuant to Part 4 of Article 6 of this chapter including any funds for psychologists and school social workers but excluding five percent of any systemwide funds for central administration and pupil transportation and excluding any categorical grants not applicable to the charter school; (2) Determine the total amount of state and local five mill share funds earned by all students in the public schools of the local school system, including any charter schools that receive local revenue, as calculated by the Quality Basic Education Formula but excluding categorical grants and other non-QBE formula grants; (3) Divide the amount obtained in paragraph (1) of this subsection by the amount obtained in paragraph (2) of this subsection; and (4) Multiply the quotient obtained in paragraph (3) of this subsection by the school system's local revenue. The product obtained in paragraph (4) of this subsection shall be the amount of local funds to be distributed to the local start-up charter school by the local board; provided, however, that nothing in this subsection shall preclude a charter petitioner and a local board of education from specifying in the charter a greater amount of local funds to be provided by the local board to the local start-up charter school if agreed upon by all parties to the charter. Local funds so earned shall be distributed to the local start-up charter school by the local board. Where feasible and where services are provided, funds for transportation, food service programs, and construction projects shall also be distributed to the local start-up charter school as earned. In all other fiscal matters, including applicable federal allotments, the local board shall treat the local start-up charter school no less favorably than other local schools located within the applicable school system and shall calculate and distribute the funding for the start-up charter school on the basis of its actual or projected enrollment in the current school year according to an enrollment counting procedure or projection method stipulated in the terms of the charter."
SECTION 2-13. Said chapter is further amended in Code Section 20-2-2068.1, relating to application of the Quality Basic Education Formula, grants, local tax revenue, and funds from local bonds, by

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adding a new subsection to read as follows: "(h) For system charter schools, funds including federal, state, and local revenue shall be distributed to each such school by the charter system in a manner and in such amounts as are provided in the terms of the charter with an objective of maximizing spending at the school level."
SECTION 2-14. Said chapter is further amended by revising Code Section 20-2-2069, relating to the Office of Charter School Compliance, as follows:
"20-2-2069. There is established within the Department of Education an Office of Charter School Compliance, the responsibilities of which shall be to:
(1) Prepare charter school and charter system guidelines to be approved by the state board; (2) Distribute charter school and charter system petition information to inquiring parties; (3) Process all charter school and charter system petitions and coordinate with the Charter Advisory Committee established pursuant to Code Section 20-2-2063.1 to facilitate its review and recommendations to the state board for consideration by the state board; (4) Administer any state or federal charter school implementation grant program; (5) Contract with an independent party to evaluate the performance of charter schools and charter systems, as such performance relates to fulfilling the terms of their charters; and (6) Compile information necessary to produce the annual report required by Code Section 20-2-2070."
PART III SECTION 3-1.
All laws and parts of laws in conflict with this Act are repealed.
Representative Kaiser of the 59th moved that the House disagree to the Senate substitute to HB 559.
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 147. By Representatives Mills of the 25th, Sheldon of the 105th, Fleming of the 117th, Coan of the 101st, Ralston of the 7th and others:

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A BILL to be entitled an Act to provide a short title; to provide for legislative findings and purpose; to amend Chapter 9A of Title 31 of the O.C.G.A., relating to the "Woman's Right to Know Act," so as to require physicians or other qualified agents to require that pregnant females undergo an ultrasound or sonogram prior to having an abortion; to change certain provisions relating to voluntary and informed consent to abortions; to require certain information be made available by the Department of Human Resources; to change certain provisions relating to reporting requirements; to provide for civil causes of action; to amend Article 5 of Chapter 12 of Title 16 of the O.C.G.A., relating to abortion, to provide for criminal penalties for failure to comply with the "Woman's Right to Know Act"; to provide for construction; to provide for intervention; to provide for severability; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
Representative Mills of the 25th moved that the House insist on its position in disagreeing to the Senate substitute to HB 147 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 Mills of the 25th, Fleming of the 117th and Collins of the 27th.
The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendment thereto:
HB 233. By Representatives Ralston of the 7th, Mumford of the 95th, Bearden of the 68th, Oliver of the 83rd and Forster of the 3rd:
A BILL to be entitled an Act to amend Chapter 5 of Title 30 and Code Section 31-8-81 of the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons and definitions for the "Longterm Care Facility Resident Abuse Reporting Act," respectively, so as to revise the definition of the term "exploitation"; to change provisions relating to criminal penalties; 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 233 as follows:

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Insert as new Section 4 and renumber accordingly.
"Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding to the end of Chapter 5A, relating to the Department of Community Health, a new Code section to read as follows: "31-5A-7. Performance and outcome, pricing and other requested data shall be reported to the Department of Community Health on a regular basis for selected medical conditions, services and programs, surgeries and procedures in hospitals, ambulatory surgery centers, nursing and private care homes, pharmacies and rehabilitation centers in Georgia. The Department shall establish a website to provide consumers on the cost and quality of healthcare in Georgia to include but not be limited to cost and quality comparison information on healthcare provided at hospitals, ambulatory surgery centers, nursing homes and rehabilitation centers and other facilities plus similar data for pharmacies in Georgia defined in Title 26 of the Code, and as otherwise is prescribed by the Department's rules and regulations."
Representative Ralston of the 7th moved that the House disagree to the Senate amendment to HB 233.
The motion prevailed.
HB 208. By Representatives Jones of the 46th, Lindsey of the 54th, Chambers of the 81st, Talton of the 145th and Coan of the 101st:
A BILL to be entitled an Act to amend Code Section 20-2-86 of the Official Code of Georgia Annotated, relating to operation of school councils, so as to provide that the parent members make up a majority on the school council; to provide that the chairperson shall be a parent member; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL
To amend Code Section 20-2-86 of the Official Code of Georgia Annotated, relating to operation of school councils, so as to delete language relating to membership on the school council; to provide that the parent members make up a majority on the school council; to provide that the chairperson shall be a parent member; to provide for transition; to amend Code Section 20-2-290 of the Official Code of Georgia Annotated, relating to organization of schools under the "Quality Basic Education Act," so as to authorize the employment of school administrative managers to conduct the financial and business affairs of a school; to amend Article 31 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to charter schools, so as to enact the "Charter

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Systems Act"; to provide for legislative findings; to provide for the establishment of charter systems; to revise and add definitions; to provide for the establishment of the Charter Advisory Committee; to provide for requirements for petitions for charter systems; to revise certain provisions relating to the approval or denial of a charter petition; to revise certain provisions relating to the review of charters; to provide for terms and renewals of charter systems; to provide for waivers and operating requirements, control, and management for charter systems; to provide for termination of charter systems; to revise certain provisions relative to funding of charter schools; to change certain provisions relative to the Office of Charter School Compliance; to revise provisions for purposes of conformity; 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 1-1. Code Section 20-2-86 of the Official Code of Georgia Annotated, relating to operation of school councils, is amended by revising subsections (c), (d), (e), and (j) as follows: "(c) Membership on the council shall be open to teachers, parents, and business representatives selected from all businesses that are designated school business partners. Any member may withdraw from the council by delivering to the council a written resignation and submitting a copy to the secretary of the council or school principal. Should school councilmembers determine that a member of the council is no longer active in the council as defined by the bylaws of the council, the council may, by a majority vote, withdraw such person's membership status, effective as of a date determined by the council. (d) The property and business of the council shall be managed by a minimum of seven school councilmembers of whom a majority shall constitute a quorum. The number of councilmembers shall be specified in the council's bylaws. If the number of councilmembers exceeds seven, the number of parent members and teacher members must be equal. Members of the school council shall include: (1) At least two A number of parents or guardians of students enrolled in the school, excluding employees who are parents or guardians of such students, so that such parents or guardians make up a majority of the council and at least two of whom shall be businesspersons; (2) Two businesspersons; (3)(2) At least two certificated teachers, excluding any personnel employed in administrative positions, who are employed at least four of the six school segments at the school; (4)(3) The school principal; and (5)(4) Other members as specified in the council's bylaws, such as, but not limited to, students, staff, and representatives of school related organizations. Other businesspersons from the local business community may serve on the council and

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shall be selected by the other members of the school council. Selection procedures for these members and the business members shall be specified in the council's bylaws. An employee of the local school system may serve as a parent representative on the council of a school in which his or her child is enrolled if such employee works at a different school. With the exception of the principal and the business representatives, members shall be elected by, and from among, the group they represent. (e) Members of the council shall serve for a term of two years or for such other term as may be specified in the council's bylaws, except as provided in this subsection. Upon the expiration of the terms of the councilmembers in office on July 1, 2004, the subsequent The terms of the councilmembers shall be staggered. In order to stagger the terms, the initial terms of one-half of the councilmembers pursuant to paragraph (1) of subsection (d) of this Code section, one-half of the councilmembers pursuant to paragraph (2) of subsection (d) of this Code section, one-half of the councilmembers pursuant to paragraph (3) of subsection (d) of this Code section, and one-half of the councilmembers pursuant to paragraph (5) of subsection (d) of this Code section shall have initial terms of one year and the remaining members shall have initial terms of two years. Upon the expiration of the terms of the two businessperson councilmembers in office on July 1, 2007, these member positions shall subsequently be filled by parent councilmembers; provided, however, that additional businesspersons may serve on the council if provided for in the council's bylaws in accordance with paragraph (4) of subsection (d) of this Code section. Councilmembers may serve more than one term. The office of school councilmember shall be automatically vacated: (1) If a member shall resign; (2) If the person holding the office is removed as a member by an action of the council pursuant to this Code section; or (3) If a member no longer meets the qualifications specified in this Code section. An election within the electing body for a replacement to fill the remainder of an unexpired term shall be held within 30 days, unless there are 90 days or less remaining in the term in which case the vacancy shall remain unfilled." "(j)(1) The officers of the school council shall be a chairperson, vice chairperson, and secretary. Officers of the council shall be elected by the council at the first meeting of the council following the election of school councilmembers; provided, however, that the chairperson shall be a parent member. The officers of the council shall hold office for the term specified in the council's bylaws. (2) The vice chairperson shall, in the absence or disability of the chairperson, perform the duties and exercise the powers of the chairperson and shall perform such other duties as shall be required by the council. (3) The secretary shall attend all meetings, act as clerk of the council, and be responsible for recording all votes and minutes of all proceedings in the books to be kept for that purpose. The secretary shall give or cause to be given notice of all meetings of the council and shall perform such other duties as may be prescribed by the council."

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SECTION 1-2. Code Section 20-2-290 of the Official Code of Georgia Annotated, relating to organization of schools under the "Quality Basic Education Act," is amended by revising subsection (a) as follows:
"(a)(1) The board of education of any local school system is authorized to organize or reorganize the schools and fix the grade levels to be taught at each school in its jurisdiction. Local school systems which have organized their schools in such a manner that facilities house grades six, seven, and eight or grades seven and eight shall qualify for the middle school program for students in grade levels so housed. A school which houses grades other than six, seven, or eight shall only be eligible if it has a full-time principal for grades seven and eight or six, seven, and eight and another full-time principal for grades above or below the middle school grades; provided, however, that such schools also meet all other provisions of this Code section. Schools with students in the sixth grade shall not be eligible for the middle school program if the sixth grades are not housed in middle schools which also contain both grades seven and eight. Further, two or more adjacent local school systems shall qualify for the middle school program if through their contractual arrangement they jointly meet the requirements of this Code section and the criteria and standards prescribed by the state board. (2) The board of education of any local school system shall be authorized to employ school administrative managers in lieu of or in addition to assistant principals. Such school administrative managers shall not be required to be certificated by the Professional Standards Commission but shall have such qualifications as determined by the local board with a minimum requirement of a bachelor's degree. The duties of school administrative managers shall be to oversee and manage the financial and business affairs of the school. The principal shall retain authority over the curriculum and instructional areas. The school administrative manager shall report directly to the principal. In the event that a local board considers hiring or utilizing school administrative managers pursuant to this subsection, it shall receive and give all due consideration to recommendations by the school council as to whether or not to utilize such position and as to selection of the manager. Existing employees of the local board shall be eligible to serve as school administrative managers if they meet other qualifications and requirements established by the local board for such position. For purposes of earning funds for such positions, school administrative managers shall be treated in all respects the same as assistant principals."
PART II SECTION 2-1. This Part shall be known and may be cited as the "Charter Systems Act."
SECTION 2-2. The General Assembly finds that schools and school systems should be given high flexibility to tailor their educational programs to meet the unique needs of their

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communities. In furtherance of this, schools and school systems should be encouraged to use innovative educational programs including local management of schools and should be provided resources to help design and implement innovative programs. The General Assembly further finds that schools and school systems shall be held accountable for student achievement.
SECTION 2-3. Article 31 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Charter Schools Act of 1998," is amended in Code Section 20-2-2062, relating to definitions, by revising paragraphs (1), (2), (8), and (11), by renumbering paragraph (5.1), and by inserting new paragraphs (3.1), (5.1), (12.1), and (17), as follows:
"(1) 'Charter' means a performance based contract between a local board and a charter petitioner, the terms of which are approved by the local board and by the state board in the case of a local charter school, or between the state board and a charter petitioner, the terms of which are approved by the state board in the case of a state chartered special school, or between a local board and the state board, the terms of which are approved by the state board in the case of a charter system. By entering into a charter, a charter petitioner and local board shall be deemed to have agreed to be bound to all the provisions of this article as if such terms were set forth in the charter." "(2) 'Charter petitioner' means a local school, local board of education, private individual, private organization, or state or local public entity that submits a petition for a charter. The term 'charter petitioner' does not include home study programs or schools, sectarian schools, religious schools, private for profit schools, private educational institutions not established, operated, or governed by the State of Georgia, or existing private schools." "(3.1) 'Charter system' means a local school system that is operating under the terms of a charter pursuant to Code Section 20-2-2063.1." "(5.1) 'Governing council' means a school level council of parents, teachers, administrators, and others who are involved in school level governance within a charter system. (5.1)(5.2) 'High school cluster' means a high school and all of the middle and elementary schools which contain students who matriculate to such high school. The schools in a high school cluster may include charter schools, local schools, or a combination of both." "(8) 'Local revenue' means local taxes budgeted for school purposes in excess of the local five mill share, combined with any applicable equalization grant and budgeted revenues from any of the following: investment earnings, unrestricted donations, and the sale of surplus property; but exclusive of revenue from bonds issued for capital projects, revenue to pay debt service on such bonds, and local option sales tax for capital projects, and budgeted school food service program costs. Nothing in this paragraph shall be construed to prevent a local board from including a local charter

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school in projects specified in the ballot language of a local option sales tax or bond referendum." "(11) 'Petition' means a proposal to establish a charter school or a charter system." "(12.1) 'School level governance' means decision-making authority in personnel decisions, financial decisions, curriculum and instruction, resource allocation, establishing and monitoring the achievement of school improvement goals, and school operations." "(17) 'System charter school' means a school within a charter system."
SECTION 2-4. Said article is further amended in Code Section 20-2-2063, relating to minimum requirements for charter petitions, by adding a new subsection to the end of such Code section as follows:
"(d) The State Board of Education shall establish rules, regulations, policies, and procedures to provide for a charter petition from a local school system to establish a charter system. Such rules, regulations, policies, and procedures shall require that a charter petition and the charter contain an explanation of the structure, rights, and responsibilities of the principal, governing council, and local board of education of the system charter school, with an objective of maximizing school level governance and the involvement of parents, teachers, and community members in such governance."
SECTION 2-5. Said article is further amended by adding new Code sections as follows:
"20-2-2063.1. (a) The state board shall establish a Charter Advisory Committee to review charter petitions for compliance with established standards of the state board, to make recommendations to the state board on charter policy, and to provide recommendations to the state board regarding charter petitions. The committee shall be composed of nine members as follows:
(1) Three members appointed by the chairperson of the state board; (2) Three members appointed by the Lieutenant Governor; and (3) Three members appointed by the Speaker of the House of Representatives. All members shall serve at the pleasure of their respective appointing officials. The committee shall elect a chairperson from among its membership. (b) The committee shall conduct itself in accordance with any rules and guidelines established by the state board with regard to timeframes, procedures, and protocol. (c) The committee shall be authorized to request clarifying information from a charter petitioner and to receive input from interested parties on a charter petition. (d) The committee shall: (1) Make recommendations to the state board of approval or denial on each charter petition and shall specify the reasons for such recommendations; and (2) Periodically make recommendations to the state board regarding charter policy;

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(3) Make recommendations to the state board on the disbursement of planning grants for charter systems, if funds are made available. (e) The committee shall be authorized to enter into contracts, subject to available funding, with one or more consultants to assist the committee in its duties and if directed to do so by the committee, to do the following: (1) Assist charter petitioners in the drafting of their petitions; (2) Assist charter petitioners in the design and implementation of innovative education programs and school level governance based on research, model programs, or other credible information; (3) Monitor and assist charter schools and charter systems; and (4) Perform any other functions related to the support of the committee. (f) The committee shall work in cooperation with the Office of Charter School Compliance, as established pursuant to Code Section 20-2-2069. (g) The members of the committee shall receive no compensation for their services but shall be reimbursed for actual and necessary expenses incurred by them in carrying out their duties. (h) The committee shall be assigned to the Department of Education for administrative purposes only, as prescribed in Code Section 50-4-3.
20-2-2063.2. (a) The state board shall be authorized to enter into a charter with a local board to establish a local school system as a charter system. (b) A local board seeking to create a charter system must submit a petition to the state board. Prior to submitting such petition, the local board shall:
(1) Adopt a resolution approving the proposed charter system petition; (2) Conduct at least two public hearings and provide notice of the hearings in the same manner as other legal notices of the local board; and (3) Send a notice to each principal within the local school system of the hearings with instructions that each school shall distribute the notice to faculty and instructional staff members and to the parent or guardian of each student enrolled in the school. The local board may revise its proposed charter system petition, upon resolution, as a result of testimony at the public hearings or for other purposes. (c) Prior to approval or denial of a charter petition for a charter system, the state board shall receive and give all due consideration to the recommendation and input from the Charter Advisory Committee established in Code Section 20-2-2063.1. The state board shall approve the charter if the state board finds, after receiving input from the Charter Advisory Committee, that the petition complies with the rules, regulations, policies, and procedures promulgated pursuant to Code Section 20-2-2063 and the provisions of this title, is in the public interest, and promotes school level governance. (d) All schools within an approved charter system shall be system charter schools except as otherwise provided in subsections (f) and (g) of this Code section. (e)(1) Subject to appropriations by the General Assembly or other available funding, the state board, after receiving input and recommendations from the Charter Advisory

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Committee, shall disburse planning grants to local school systems which desire to become charter systems. Such grants will be disbursed in accordance with any applicable guidelines, policies, and requirements established by the state board. (2) Subject to specific appropriations by the General Assembly for this purpose, the state board shall disburse implementation grants in the amount of $125,000.00 or such other amount as determined by the state board to each charter system. The state board shall be authorized to approve up to five petitions for charter systems during fiscal year 2008, and may approve up to a maximum number of petitions in following years as may be established pursuant to board rules and as subject to availability of funding for implementation grants. (f) A system charter school shall not be precluded from petitioning to become a conversion charter school, in accordance with Code Section 20-2-2064, not subject to the terms of the system charter. In the event a system charter school becomes a conversion charter school, the system charter shall be amended to reflect that such school is no longer bound by the system charter. (g) An existing conversion or start-up charter school within a local school system which is petitioning to become a charter system shall have the option of continuing under its own existing charter, not subject to the terms of the system charter, or of terminating its existing charter, upon agreement by the local board and state board, and becoming subject to the system charter as a charter system school."
SECTION 2-6. Said article is further amended by revising Code Section 20-2-2064, relating to approval or denial of petition, as follows:
"20-2-2064. (a) A charter petitioner seeking to create a conversion charter school must submit a petition to the local board of the local school system in which the proposed charter school will be located. The local board must by a majority vote approve or deny a petition no later than 60 days after its submission unless the petitioner requests an extension; provided, however, that a denial of a petition by a local board shall not preclude the submission to the local board of a revised petition that addresses deficiencies cited in the denial; and provided, further, that the local board shall not act upon a petition for a conversion charter school until such petition:
(1) Has been freely agreed to, by secret ballot, by a majority of the faculty and instructional staff members of the petitioning local school at a public meeting called with two weeks advance notice for the purpose of deciding whether to submit the petition to the local board for its approval; and (2) Has been freely agreed to, by secret ballot, by a majority of parents or guardians of students enrolled in the petitioning local school present at a public meeting called with two weeks advance notice for the purpose of deciding whether to submit the petition to the local board for its approval. This subsection shall not apply to a system charter school petitioning to be a conversion charter school.

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(b) A charter petitioner seeking to create a start-up charter school must submit a petition to the local board of the local school system in which the proposed charter school will be located. The local board must by a majority vote approve or deny a petition no later than 60 days after its submission unless the petitioner requests an extension. A denial of a petition by a local board shall not preclude the submission to the local board of a revised petition that addresses deficiencies cited in the denial. (c) A system charter school's school council or governing council, as applicable, may petition to become a conversion charter school. The petition shall be submitted to the local board of the charter system in which the school is located. The local board must by a majority vote approve or deny a petition no later than 60 days after its submission unless the petitioner requests an extension; provided, however, that a denial of a petition by a local board shall not preclude the submission to the local board of a revised petition that addresses deficiencies cited in the denial. (c)(d) A local board shall approve a petition that complies with the rules, regulations, policies, and procedures promulgated in accordance with Code Section 20-2-2063 and the provisions of this title and is in the public interest. If a local board denies a petition, it must within 60 days specifically state the reasons for the denial, list all deficiencies with respect to Code Section 20-2-2063, and provide a written statement of the denial to the charter petitioner and the state board. (d)(e) The state board or the Charter Advisory Committee, if directed by the state board to do so, may mediate between the local board and a charter petitioner whose petition was denied to assist in resolving issues which led to denial of the petition by the local board."
SECTION 2-7. Said article is further amended by revising Code Section 20-2-2064.1, relating to review of charter by state board, as follows:
"20-2-2064.1. (a) Prior to approval or denial of a charter petition under this Code section, the state board shall receive and give all due consideration to the recommendation and input from the Charter Advisory Committee established in Code Section 20-2-2063.1. (b) The state board shall approve the charter of a charter petitioner if the petition has been approved by the local board of the local school system in which the proposed charter school will be located and the state board finds, after receiving input from the Charter Advisory Committee, that the petition complies with the rules, regulations, policies, and procedures promulgated in accordance with Code Section 20-2-2063 and the provisions of this title and is in the public interest. If the state board denies a petition, it must within 60 days specifically state the reasons for the denial, list all deficiencies with regard to Code Section 20-2-2063, and provide a written statement of the denial to the charter petitioner and to the local board. (b)(c) No application for a state chartered special school may be made to the state board by a petitioner for a conversion charter school that has been denied by a local board. Upon denial of a petition for a start-up charter school by a local board and upon

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application to the state board by the petitioner, the state board shall approve the charter of a start-up charter petitioner for a state chartered special school if the state board finds, after receiving input from the Charter Advisory Committee, that such petition meets the requirements set forth in Code Section 20-2-2063 and the provisions of this title, and is in the public interest."
SECTION 2-8. Said article is further amended by revising Code Section 20-2-2065, relating to operating requirements, control, and management, as follows:
"20-2-2065. (a) Except as provided in this article or in a charter, a charter school, or for charter systems, each school within the system, shall not be subject to the provisions of this title or any state or local rule, regulation, policy, or procedure relating to schools within an applicable school system regardless of whether such rule, regulation, policy, or procedure is established by the local board, the state board, or the Department of Education; provided, however, that the state board may establish rules, regulations, policies, or procedures consistent with this article relating to charter schools. A waiver granted pursuant to this Code section for a charter system shall apply to each system charter school within the system. In exchange for such a waiver, the charter school agrees to meet or exceed the performance based goals included in the charter and approved by the local board or, for the charter system, the system agrees to meet or exceed the system-wide performance based goals included in the charter and approved by the state board, including but not limited to raising student achievement. For a charter system, the charter shall delineate the performance based goals that the system and each school will be expected to meet as well as the criteria by which a system charter may be revoked in addition to those contained in Code Section 20-2-2068. (b) In determining whether to approve a charter petition or renew an existing charter, the local board and state board shall ensure that a charter school, or for charter systems, each school within the system, shall be:
(1) A public, nonsectarian, nonreligious, nonprofit school that is not home based, provided that a charter school's nonprofit status shall not prevent the school from contracting for the services of a for profit entity and that nothing in this Code section shall preclude the use of computer and Internet based instruction for students in a virtual or remote setting; (2) Subject to the control and management of the local board of the local school system in which the charter school is located, as provided in the charter and in a manner consistent with the Constitution, if a local charter school; (3) Subject to the supervision of the state board, as provided in the charter and in a manner consistent with the Constitution, if a state chartered special school; (4) Organized and operated as a nonprofit corporation under the laws of this state; provided, however, that this paragraph shall not apply to any charter petitioner that is a local school, local school system, or state or local public entity;

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(5) Subject to all federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; and the prevention of unlawful conduct; (6) Subject to all laws relating to unlawful conduct in or near a public school; (7) Subject to an annual financial audit conducted by the state auditor or, if specified in the charter, by an independent certified public accountant licensed in this state; (8) Subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, and such provisions shall apply with respect to charter schools whose charters are granted or renewed on or after July 1, 2000; (9) Subject to all reporting requirements of Code Section 20-2-160, subsection (e) of Code Section 20-2-161, Code Section 20-2-320, and Code Section 20-2-740; (10) Subject to the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133; and (11) Subject to the provisions of Code Section 20-2-1050 requiring a brief period of quiet reflection."
SECTION 2-9. Said article is further amended in Code Section 20-2-2066, relating to admission, enrollment, and withdrawal of students, by adding a new subsection as follows:
"(b.1) A charter system shall enroll students in its system charter schools per the terms of the charter and in accordance with state board rules."
SECTION 2-10. Said article is further amended by revising Code Section 20-2-2067.1, relating to amendment of terms of charter for charter school, initial term of charter, and annual report, as follows:
"20-2-2067.1. (a) The terms of a charter for a local charter school may be amended during the term of the charter upon the approval of the local board, the state board, and the charter school. The terms of a charter for a state chartered special school may be amended during the term of the charter upon the approval of the state board and the charter school. The terms of a charter for a charter system may be amended during the term of the charter upon approval of the state board and the local board. (b) The initial term of a charter, except for a charter system, shall be for a minimum of five years, unless the petitioner shall request a shorter period of time, and shall not exceed ten years. The local board and the state board, in accordance with Code Section 20-2-2064.1, may renew a local charter, upon the request of the charter school, for the period of time specified in the request, not to exceed ten years. The state board may renew a state chartered special school, upon the request of the school, for the period of time specified in the request, not to exceed ten years. The initial term of a charter for a charter system shall not exceed five years. The state board may renew the charter of a

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charter system, upon the request of the local board, for the period of time specified in the request, not to exceed ten years. (c) A Each start-up and conversion charter school and each charter system shall submit an annual report outlining the previous year's progress to the authorizing local board or state board, as appropriate; to parents and guardians of students enrolled in the school, or, for a charter system, to parents and guardians of students enrolled in school within the local school system; and to the Department of Education no later than October 1 of each year. The report submitted by a charter system shall include, but not limited to, data on all of its system charter schools. The report shall contain, but is not limited to:
(1) An indication of progress toward the goals as included in the charter; (2) Academic data for the previous year, including state academic accountability data, such as standardized test scores and adequate yearly progress data; (3) Unaudited financial statements for the fiscal year ending on June 30, provided that audited statements will be forwarded to the local board and state board upon completion; (4) Updated contact information for the school and the administrator, and for charter systems, each system charter school and its respective administrator; (5) Proof of current nonprofit status, if applicable; and (6) Any other supplemental information that the charter school or charter system chooses to include or that the state board requests that demonstrates its that school or system's success; and (7) For charter systems, an on-site external evaluation of the system at least once every five years, as determined by the state board."
SECTION 2-11. Said chapter is further amended by revising Code Section 20-2-2068, relating to charter amendments and terminations, as follows:
"20-2-2068. (a) The state board may terminate a charter under the following circumstances:
(1)(A) If a majority of the parents or guardians of students enrolled at the charter school vote by a majority vote to request the termination of its charter at a public meeting called with two weeks advance notice and for the purpose of deciding whether to request the state board to declare the charter null and void; or (B) If a majority of the faculty and instructional staff employed at the charter school vote by a majority vote to request the termination of its charter at a public meeting called with two weeks advance notice and for the purpose of deciding whether to request the state board to declare the charter null and void; This paragraph shall not apply to system charter schools. (2) If, after providing reasonable notice to the charter school or charter system, as applicable, and an opportunity for a hearing, the state board finds: (A) A failure to comply with any recommendation or direction of the state board with respect to Code Section 20-14-41;

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(B) A failure to adhere to any material term of the charter, including but not limited to the performance goals set forth in the charter; (C) A failure to meet generally accepted standards of fiscal management; (D) A violation of applicable federal, state, or local laws or court orders; (E) The existence of competent substantial evidence that the continued operation of the charter school or charter system would be contrary to the best interests of the students or the community; or (F) A failure to comply with any provision of Code Section 20-2-2065; or (3) Upon the written request of a local board for termination of a charter for a local charter school located within its school system if, prior to making such request, the local board provided reasonable notice to the charter school and an opportunity for a hearing, and determined the existence of any of the grounds described in paragraph (2) of this Code section. (b) For a system charter school, if the school council or governing council, as applicable, at such school within the charter system requests that: (1) The system charter be terminated; or (2) The system charter be amended with respect to such system charter school; the state board, after providing reasonable notice to the charter system and the system charter school, shall conduct a hearing. Based on the findings of the hearing, the state board may enter into negotiations with the charter system to amend the charter to address the concerns of the requesting system charter school. If negotiations fail and the state board finds good cause, the state board shall be authorized to terminate the system charter or to amend the system charter with respect to the requesting system charter school; provided, however, that the local board shall be authorized to terminate the system charter if it is unwilling to accept the amendments to such charter by the state board. 'Good cause' includes but is not limited to a local board's failure to comply with its obligations and duties under the system charter, state board rules, or other applicable law, or other good cause as determined in the sole discretion of the state board."
SECTION 2-12. Said chapter is further amended in Code Section 20-2-2068.1, relating to application of the Quality Basic Education Formula, grants, local tax revenue, and funds from local bonds, by revising subsections (a) and (c) as follows:
"(a) A local charter school shall be included in the allotment of QBE formula earnings, applicable QBE grants, applicable non-QBE state grants, and applicable federal grants to the local school system in which the local charter school is located under Article 6 of this chapter. The local board and the state board shall treat a conversion charter school no less favorably than other local schools located within the applicable local school system unless otherwise provided by law. The local board and the state board shall treat a start-up charter school no less favorably than other local schools within the applicable local system with respect to the provision of funds for instruction, and school

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administration, and, where feasible, transportation, food services, and, where feasible, building programs." "(c) In addition to the earnings set out in subsection (b) of this Code section, local revenue shall be allocated to a local charter school on the same basis as for any local school in the local school system. In the case of a start-up charter school, local revenue earnings shall be calculated as follows:
(1) Determine the total amount of state and local five mill share funds earned by students enrolled in the local start-up charter school as calculated by the Quality Basic Education Formula pursuant to Part 4 of Article 6 of this chapter including any funds for psychologists and school social workers but excluding five percent of any systemwide funds for central administration and pupil transportation and excluding any categorical grants not applicable to the charter school; (2) Determine the total amount of state and local five mill share funds earned by all students in the public schools of the local school system, including any charter schools that receive local revenue, as calculated by the Quality Basic Education Formula but excluding categorical grants and other non-QBE formula grants; (3) Divide the amount obtained in paragraph (1) of this subsection by the amount obtained in paragraph (2) of this subsection; and (4) Multiply the quotient obtained in paragraph (3) of this subsection by the school system's local revenue. The product obtained in paragraph (4) of this subsection shall be the amount of local funds to be distributed to the local start-up charter school by the local board; provided, however, that nothing in this subsection shall preclude a charter petitioner and a local board of education from specifying in the charter a greater amount of local funds to be provided by the local board to the local start-up charter school if agreed upon by all parties to the charter. Local funds so earned shall be distributed to the local start-up charter school by the local board. Where feasible and where services are provided, funds for transportation, food service programs, and construction projects shall also be distributed to the local start-up charter school as earned. In all other fiscal matters, including applicable federal allotments, the local board shall treat the local start-up charter school no less favorably than other local schools located within the applicable school system and shall calculate and distribute the funding for the start-up charter school on the basis of its actual or projected enrollment in the current school year according to an enrollment counting procedure or projection method stipulated in the terms of the charter."
SECTION 2-13. Said chapter is further amended in Code Section 20-2-2068.1, relating to application of the Quality Basic Education Formula, grants, local tax revenue, and funds from local bonds, by adding a new subsection to read as follows:
"(h) For system charter schools, funds including federal, state, and local revenue shall be distributed to each such school by the charter system in a manner and in such

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amounts as are provided in the terms of the charter with an objective of maximizing spending at the school level."
SECTION 2-14. Said chapter is further amended by revising Code Section 20-2-2069, relating to the Office of Charter School Compliance, as follows:
"20-2-2069. There is established within the Department of Education an Office of Charter School Compliance, the responsibilities of which shall be to:
(1) Prepare charter school and charter system guidelines to be approved by the state board; (2) Distribute charter school and charter system petition information to inquiring parties; (3) Process all charter school and charter system petitions and coordinate with the Charter Advisory Committee established pursuant to Code Section 20-2-2063.1 to facilitate its review and recommendations to the state board for consideration by the state board; (4) Administer any state or federal charter school implementation grant program; (5) Contract with an independent party to evaluate the performance of charter schools and charter systems, as such performance relates to fulfilling the terms of their charters; and (6) Compile information necessary to produce the annual report required by Code Section 20-2-2070."
PART III SECTION 3-1. All laws and parts of laws in conflict with this Act are repealed.
Representative Jones of the 46th moved that the House disagree to the Senate substitute to HB 208.
The motion prevailed.
HB 186. By Representatives Cole of the 125th, O`Neal of the 146th, Smith of the 129th, Golick of the 34th, Maddox of the 172nd 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 a five-year exemption regarding the sale of tangible personal property to, or used in or for the construction of, a new alternative fuel facility dedicated exclusively to the processing and production of ethanol, biodiesel, and butanol; to provide for definitions; to provide for powers, duties, and authority of the state revenue commissioner with respect

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to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL
To amend 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 a temporary exemption regarding the sale of tangible personal property to, or used in or for the construction of, an alternative fuel facility primarily dedicated to the processing and production of ethanol, biodiesel, and butanol; to provide for definitions; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
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 as follows:
"(34.4)(A) Notwithstanding any provision of Code Section 48-8-63 to the contrary, sales of tangible personal property to, or used in or for the construction of, an alternative fuel facility primarily dedicated to the production and processing of ethanol, biodiesel, butanol, and their by-products, when such fuels are derived from biomass materials such as agricultural products, or from animal fats, or the wastes of such products or fats. (B) As used in this paragraph, the term:
(i) 'Alternative fuel facility' means any facility located in this state which is primarily dedicated to the production and processing of ethanol, biodiesel, butanol, and their by-products for sale. (ii) 'Used in or for the construction' means any tangible personal property incorporated into a new alternative fuel facility that loses its character of tangible personal property. Such term does not mean tangible personal property that is temporary in nature, leased or rented, tools, or other items not incorporated into the facility. (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 an exemption certificate issued by the commissioner certifying that the purchaser is entitled to purchase the tangible personal property without payment of tax. (D) Any corporation, partnership, limited liability company, or any other entity or person that qualifies for this exemption must conduct at least a majority of its business with entities or persons with which it has no affiliation.

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(E) The exemption provided for under subparagraph (A) of this paragraph shall not apply to sales of tangible personal property that occur after the production and processing of biodiesel, ethanol, butanol, and their by-products has begun at the alternative fuel facility. (F) The exemption provided for under subparagraph (A) of this paragraph shall apply only to sales occurring during the period July 1, 2007, through June 30, 2012. (G) The commissioner shall promulgate any rules and regulations necessary to implement and administer this paragraph."
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 Cole of the 125th moved that the House disagree to the Senate substitute to HB 186.
The motion prevailed.
HB 748. By Representatives Reese of the 98th, Coleman of the 97th, Coan of the 101st and Sheldon of the 105th:
A BILL to be entitled an Act to authorize the City of Suwanee 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 following Senate substitute was read:
A BILL
To authorize the City of Suwanee 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. The City of Suwanee shall be and is authorized to exercise all redevelopment and other powers under Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended. The intention of this Act is to authorize the City of Suwanee to undertake and carry out community redevelopment, to create tax allocation districts, to issue tax allocation bonds, and to incur other obligations within the meaning of and as fully permitted under the provisions of Article IX, Section II, Paragraph VII(b) of the Constitution of the State of Georgia of 1983, as amended, and to authorize the City of Suwanee to exercise redevelopment powers as fully as the "Redevelopment Powers Law" may now or hereafter permit and not to limit any redevelopment powers permitted under the "Redevelopment Powers Law."
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Suwanee 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 Suwanee for approval or rejection. The municipal election superintendent shall conduct that election on a date in 2007 to be determined by the governing authority and as provided under O.C.G.A. Section 21-2-540, and shall issue the call and conduct that election as provided by general law. The municipal 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 Gwinnett County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes the City of Suwanee to exercise redevelopment powers under the 'Redevelopment Powers Law,'
( ) NO as it may be amended from time to time, for the purpose of improving economic and social conditions in depressed areas within the city?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If 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 the City of Suwanee. 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.

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SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Reese of the 98th moved that the House disagree to the Senate substitute to HB 748.
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 275. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to provide a date certain for rules and regulations of the Commissioner of Agriculture used to establish criminal violations; to repeal conflicting laws; and for other purposes.
Representative Burns of the 157th moved that the House insist on its position in substituting SB 275.
The motion prevailed.
The following Bills and Resolution of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto:
HB 587. By Representatives May of the 111th, Harbin of the 118th, Fleming of the 117th and Roberts of the 154th:
A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to the distribution, storage, and sale of gas, so as to provide for revocation of a certificate of public convenience and necessity if the holder of the certificate has not within five years of receiving the certificate begun construction or operation of any pipeline, or distribution system, or any extension thereof, in substantially all of the territory covered by such certificate; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL

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To amend Article 2 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to the distribution, storage, and sale of gas, so as to provide for revocation of a certificate of public convenience and necessity if the holder of the certificate has not begun construction or operation of any pipeline, or distribution system, or any extension thereof, in substantially all of the territory covered by such certificate where an end-use customer, property owner, or developer has requested natural gas 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.
Article 2 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to the distribution, storage, and sale of gas, is amended by adding a new subsection to Code Section 46-4-28, relating to the suspension, revocation, alteration, or amendment of certificates by the Public Service Commission, to read as follows:
"(a.1) Any certificate issued under this article shall be revoked or amended by the commission upon application to the commission by a person to provide natural gas service to a specified end-use customer, property owner, or developer who has requested natural gas service if the holder of the certificate has failed to begin construction or operation of any pipeline, or distribution system, or any extension thereof, in substantially all of the territory covered by such certificate. Once a person has filed such an application, the commission shall determine whether the applicant shall be entitled to a certificate for the territory specified in the application. The commission shall make such determination within 90 days of the application and shall consider factors such as whether the applicant can offer service at less cost in accordance with a commission approved line extension policy and other factors the commission deems in the public interest. The newly certified area shall be designed by the commission to serve the customers, property owners, or developers in question while ensuring a boundary with safety and public welfare as the focus."
SECTION 2. This Act shall become effective on July 1, 2007 and shall apply to all certificates in effect or applied for on or after such date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative May of the 111th moved that the House disagree to the Senate substitute to HB 587.
The motion prevailed.

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Representative Fleming of the 117th assumed the chair.
HB 340. By Representatives Richardson of the 19th, Golick of the 34th, Ehrhart of the 36th, Keen of the 179th and Burkhalter of the 50th:
A BILL to be entitled an Act to amend Code Section 49-5-273 of the Official Code of Georgia Annotated, relating to the creation and operation of the PeachCare for Kids Program, so as to revise the threshold income amount for eligibility for PeachCare to 200 percent of the federal poverty level; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL
To amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to provide certain eligibility requirements for Medicaid; to provide for consideration of requiring copayments from Medicaid recipients; to revise eligibility requirements for the PeachCare for Kids Program; to provide for basic dental coverage under PeachCare; to provide for optional comprehensive dental and vision coverage; to provide for certain copayments and premium amounts; to provide for a policy for increased utilization of generic drugs by participants in the program; to establish the PeachCare Extended Program; to provide for eligibility, payment, enrollment, and other criteria of the extended program; to authorize the disclosure of certain tax information; to provide for civil and criminal penalties for unauthorized disclosure of confidential tax information; 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 49 of the Official Code of Georgia Annotated, relating to social services, is amended by revising Code Section 49-4-142, relating to the state plan for medical assistance, as follows:
"49-4-142. (a) The Department of Community Health established under Chapter 5A of Title 31 is authorized to adopt and administer a state plan for medical assistance in accordance with Title XIX of the federal Social Security Act, as amended (Act of July 30, 1965, P.L. 89-97, 79 Stat. 343, as amended), provided such state plan is administered within the appropriations made available to the department. The department is authorized to establish the amount, duration, scope, and terms and conditions of eligibility for and receipt of such medical assistance as it may elect to authorize pursuant to this article; provided, however, that children from birth through 18 years of age in families with

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family incomes below 125 percent of the federal poverty level shall be eligible for the program. Further, the department is authorized to establish such rules and regulations as may be necessary or desirable in order to execute the state plan and to receive the maximum amount of federal financial participation available in expenditures made pursuant to the state plan; provided, however, that the department shall establish reasonable procedures for notice to interested parties and an opportunity to be heard prior to the adoption, amendment, or repeal of any such rule or regulation. The department is authorized to enter into such reciprocal and cooperative arrangements with other states, persons, and institutions, public and private, as it may deem necessary or desirable in order to execute the state plan. (b) The department shall, not later than June 1, 1986, implement a modification of the state plan for medical assistance or any affected rules or regulations of the department, which modification will allow supplementation by relatives or other persons for a private room or private sitter or both for a recipient of medical assistance in a nursing home. The Department of Human Resources shall likewise modify any affected rules and regulations of the Department of Human Resources. The modification to the plan or to any affected rules and regulations shall be effective unless and until federal authorities rule that such modification is out of compliance with federal regulations. Such modification of the state plan for medical assistance or rules and regulations:
(1) Shall provide that a provider of nursing home services in either a skilled care facility or an intermediate care facility shall be obligated to provide a recipient of medical assistance only semiprivate accommodations which meet the other requirements of appropriate regulations; (2) Shall provide that at no time can more than 10 percent of a skilled care or intermediate care facility's rooms be used for Medicaid recipients for whom a private room supplementation has been made; (3) Shall provide that payments made by relatives or other persons to a provider of medical assistance for the specific stated purpose of paying the additional costs for a private room or private sitter or both for a recipient of medical assistance in a skilled care facility or intermediate care facility shall not be considered as income when determining the amount of patient liability toward vendor payments; provided, however, that the department's entitlement to payments made by legally liable third parties shall not be diminished by this modification of the state plan; (4) Shall provide that no provider of medical assistance shall discriminate against a recipient of medical assistance who does not have a relative or other person who is willing and able to provide supplementation; but the provision of a private room or private sitter to a recipient when supplementation is provided shall not constitute discrimination against other recipients; (5) Shall provide that no recipient who is transferred to or admitted to a private room because of a shortage of beds in semiprivate rooms shall be discharged because the recipient does not have a relative or other person who is willing and able to provide supplementation; and

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(6) May provide that the rate charged by the provider of medical assistance to the relative or other person providing supplementation for a private room for a recipient shall not exceed the difference between the maximum rate charged by the provider for a private room to or for a private pay patient and the amount which the provider receives or will receive from the department as reimbursement for otherwise providing for the recipient's care in a semiprivate room. (c) The department is authorized to establish drug application fees which shall be equal to the department's cost of investigating and determining whether a new drug product should be included in the Controlled Medical Assistance Drug List. Such fees shall be adjusted annually and shall be paid by the drug manufacturers at the time of application. (d) The department shall give all due consideration to requiring copayments from recipients of medical assistance under this article in accordance with provisions of Title XIX of the federal Social Security Act of 1935, as amended, and regulations promulgated pursuant thereto."
SECTION 2. Said title is further amended by revising Code Section 49-5-273, relating to the creation of PeachCare for Kids Program, as follows:
"49-5-273. (a) There is created the PeachCare for Kids Program to provide health care benefits for children in families with income below 235 between 125 and 200 percent of the federal poverty level. Children from birth through 18 years of age in families with family incomes below 235 between 125 and 200 percent of the federal poverty level and who are not eligible for medical assistance under Medicaid shall be eligible for the program, to be administered by the department pursuant to federal law and subject to availability of funding. (b) No entitlement to benefits for the children covered under the program or this article shall be created by the program, nor shall this article or any rules or regulations adopted pursuant to this article be interpreted to entitle any person to receive any health services or insurance available under this program. The program shall be established subject to the availability of funds specifically appropriated by the General Assembly for this purpose and federal matching funds as set forth in federal law. The department shall operate the program consistent with administrative efficiency and the best interests of children.
(c)(1) The program shall offer substantially the same health care services available to children under Georgia's Medicaid plan, but coverage for such services shall not be provided by an expansion of eligibility for medical assistance under Medicaid. However, the program shall exclude nonemergency transportation and targeted case management services. The department shall utilize appropriate medical management and utilization control procedures necessary to manage care effectively and shall prospectively limit enrollment in the program and modify the health care services

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benefits when the department has reason to believe the cost of such enrollment or services may exceed the availability of funding. (2) The program shall include vision and basic dental coverage, including examinations, x-rays, preventive care, and restorative care; provided, however, that comprehensive dental coverage shall be available to participants at a rate negotiated between the department and the care management organization providing health care services pursuant to this Code section, but not to exceed $15.00 per participant per month. The comprehensive dental coverage shall be offered 60 days after the effective date of this Act. (d) The department may require copayments for services consistent with federal law; provided, however, that no copayment shall be charged for preventive services and no copayments or premiums shall be charged for any child under six years of age. The department and the care management organization providing health care services pursuant to this Code section shall be authorized to charge a copayment of $25.00 per visit for nonemergency room visits. Preventive services include but are not limited to medically necessary maintenance medication and monitoring for chronic conditions such as asthma and diabetes. (e) The department shall require payment of premiums for participation in the program at a rate of 1.5 percent of a participant's family income. The premiums shall not exceed the amounts permitted under Section 1916(b)(1) of the Social Security Act or federal law. (f) The department may provide for presumptive eligibility for all applicant children as allowed by federal law and in a manner consistent with the provisions of this article. (g) The department shall provide for outreach for the purpose of enrolling children in the program. Applications shall be accepted by mail or in person. All necessary and appropriate steps shall be taken to achieve administrative cost efficiency, reduce administrative barriers to application for and receipt of services under the program, verify eligibility for the program and enforce eligibility standards, and ensure that enrollment in the program does not substitute for coverage under a group health insurance plan. (h) Any health care provider who is enrolled in the Medicaid program shall be deemed to be enrolled in the program. (i) The department shall file a Title XXI plan to carry out the program with the United States Department of Health and Human Services Centers for Medicare and Medicaid Services. The department shall have the authority and flexibility to make such decisions as are necessary to secure approval of that plan consistent with this article. The department shall provide a copy of the plan to the General Assembly. The department shall operate this program consistent with federal law. (j) The department shall publish an annual report, a copy of which shall be provided to the Governor, setting forth the number of participants in the program, the health services provided, the amount of money paid to providers, and other pertinent information with respect to the administration of the program. The department shall not be required to distribute copies of the annual report to the members of the General

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Assembly but shall notify the members of the availability of the report in the manner which it deems to be most effective and efficient. (k) All state agencies shall cooperate with the department and its designated agents by providing requested information to assist in the administration of the program. (l) The department, through the Department of Administrative Services or any other appropriate entity, may contract for any or all of the following: the collection of premiums, processing of applications, verification of eligibility, outreach, data services, and evaluation, if such contracting achieves administrative or service cost efficiency. The department, and other state agencies as appropriate, shall provide necessary information to any entity which has contracted with the department for services related to the administration of the program upon request. For purposes of compliance with Code Section 34-8-125, a request by any entity which has contracted with the department for services related to the administration of the program shall be deemed to be a request by a responsible official of the department and considered to be a request by the department. (m) Nothing in this article shall be interpreted in a manner so as to preclude the department from contracting with licensed health maintenance organizations (HMO) or provider sponsored health care corporations (PSHCC) for coverage of program services and eligible children; provided, however, that such contracts shall require payment of premiums and copayments in a manner consistent with this article. The department may require enrollment in a health maintenance organization (HMO) or provider sponsored health care corporation (PSHCC) as a condition of receiving coverage under the program. (n) The department shall develop a policy for increased utilization of generic drugs by participants in the program and negotiate a reduced patient premium rate with the care management organization providing health care services pursuant to this Code section based on such policy. The requirements under this subsection shall be completed no later than four months after the effective date of this Act. (n)(o) The Department of Education and local boards of education shall cooperate with and provide assistance to the department and its designated agents for the purposes of identifying and enrolling eligible children in the program. (p) Children in families with income between 200 and 235 percent of the federal poverty level who were enrolled in the program on April 16, 2007, shall remain enrolled in the program so long as eligibility requirements continue to be met."
SECTION 3. Said title is further amended by adding new Code sections to read as follows:
"49-5-274. (a) There is created the PeachCare Extended Program to provide health care benefits for children in families with income between 200 and 250 percent of the federal poverty level. Children from birth through 18 years of age in families with family incomes between 200 and 250 percent of the federal poverty level and who are not eligible for medical assistance under Medicaid shall be eligible for the extended program, to be

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administered by the department pursuant to federal law and subject to availability of funding. (b) Eligible recipients may purchase coverage under the extended program from the care management organization managing the PeachCare for Kids Program. The cost of such coverage shall not exceed 5 percent of the recipient's family income. (c) No entitlement to benefits for the children covered under the extended program shall be created by such program, nor shall this article or any rules or regulations adopted pursuant to this article be interpreted to entitle any person to receive any health services or insurance available under this extended program. No state or federal funds shall be used for the extended program. The department shall operate the extended program consistent with administrative efficiency and the best interests of children. (d) The extended program shall offer substantially the same health care services available to children under Georgia's Medicaid plan and under the PeachCare for Kids Program, but coverage for such services shall not be provided by an expansion of eligibility for medical assistance under Medicaid. (e) The department may require copayments for services consistent with federal law; provided, however, that no copayment shall be charged for preventive services and no copayments shall be charged for any child under six years of age. Preventive services include but are not limited to medically necessary maintenance medication and monitoring for chronic conditions such as asthma and diabetes. (f) The department may provide for presumptive eligibility for all applicant children as allowed by federal law and in a manner consistent with the provisions of this article. (g) The department shall provide for outreach for the purpose of enrolling children in the extended program. Applications shall be accepted by mail or in person. All necessary and appropriate steps shall be taken to achieve administrative cost efficiency, reduce administrative barriers to application for and receipt of services under the extended program, verify eligibility for the extended program and enforce eligibility standards, and ensure that enrollment in the extended program does not substitute for coverage under a group health insurance plan. (h) Any health care provider who is enrolled in the Medicaid program shall be deemed to be enrolled in the extended program. (i) The department shall file a Title XXI plan to carry out the extended program with the United States Department of Health and Human Services Centers for Medicare and Medicaid Services. The department shall have the authority and flexibility to make such decisions as are necessary to secure approval of that plan consistent with this article. The department shall provide a copy of the plan to the General Assembly. The department shall operate this extended program consistent with federal law. (j) The department shall publish an annual report, a copy of which shall be provided to the Governor, setting forth the number of participants in the extended program, the health services provided, the amount of money paid to providers, and other pertinent information with respect to the administration of the extended program. The department shall not be required to distribute copies of the annual report to the

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members of the General Assembly but shall notify the members of the availability of the report in the manner which it deems to be most effective and efficient. (k) All state agencies shall cooperate with the department and its designated agents by providing requested information to assist in the administration of the extended program. (l) The department, through the Department of Administrative Services or any other appropriate entity, may contract for any or all of the following: the collection of premiums, processing of applications, verification of eligibility, outreach, data services, and evaluation, if such contracting achieves administrative or service cost efficiency. The department, and other state agencies as appropriate, shall provide necessary information to any entity which has contracted with the department for services related to the administration of the extended program upon request. For purposes of compliance with Code Section 34-8-125, a request by any entity which has contracted with the department for services related to the administration of the extended program shall be deemed to be a request by a responsible official of the department and considered to be a request by the department. (m) Nothing in this article shall be interpreted in a manner so as to preclude the department from contracting with licensed health maintenance organizations (HMO) or provider sponsored health care corporations (PSHCC) for coverage of program services and eligible children; provided, however, that such contracts shall require payment of premiums and copayments in a manner consistent with this article. The department may require enrollment in a health maintenance organization (HMO) or provider sponsored health care corporation (PSHCC) as a condition of receiving coverage under the extended program. (n) The Department of Education and local boards of education shall cooperate with and provide assistance to the department and its designated agents for the purposes of identifying and enrolling eligible children in the extended program. 49-5-275. (a) As used in this Code section, the term 'return information' means any information secured by the state revenue commissioner incident to the administration of state income tax. (b) Notwithstanding any other provision of law, the state revenue commissioner shall be permitted to disclose any return information to employees of the Department of Community Health to the extent such information is reasonably needed to verify the income of persons applying for PeachCare benefits under this title. Such information shall retain its privileged and confidential nature in the hands of such employees to the same extent and under the same conditions as that information is privileged and confidential in the hands of the state revenue commissioner. Any such employee shall be subject to the same civil and criminal penalties as those provided for divulgence of information by employees of the Department of Revenue."
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Representative Richardson of the 19th moved that the House disagree to the Senate substitute to HB 340.
The motion prevailed.
HB 193. By Representatives Burkhalter of the 50th, Ehrhart of the 36th and Harbin of the 118th:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to provide for 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.
The following Senate substitute was read:
A BILL
To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to provide for a partial exemption from the state sales and use tax on certain sales or uses of jet fuel; to provide for an exemption from a certain local sales and use tax on certain sales or uses of jet fuel; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, is amended by adding a new paragraph (33.2) as follows:
"(33.2)(A) The sale or use of jet fuel to or by a qualifying airline at a qualifying airport, to the extent provided in subparagraphs (B), (C), and (D) of this paragraph. (B) The sale or use of jet fuel to or by a qualifying airline at a qualifying airport shall be exempt from the first 1.80 percent of the 4 percent state sales and use tax imposed by this chapter and shall be subject to the remaining 2.20 percent of the 4 percent state sales and use tax imposed by this chapter. (C) The sale or use of jet fuel to or by a qualifying airline at a qualifying airport shall also be exempt from the sales or use tax levied and imposed as authorized pursuant to Part 1 of Article 3 of this chapter.

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(D) Except as provided for in subparagraph (C) of this paragraph, this exemption shall not apply to any other local sales and use tax levied or imposed at anytime in any area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized 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 such taxes as authorized by or pursuant to Part 2 of Article 3 or Article 2, 2A, or 4 of this chapter. (E) 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. (F) For purposes of this paragraph, a 'qualifying airport' shall mean any airport in the state that has had more than 750,000 takeoffs and landings during a calendar year. (G) The commissioner shall adopt rules and regulations to carry out the provisions of this paragraph. (H) The exemption provided for in this paragraph shall apply only as to transactions occurring on or after July 1, 2007, and prior to July 1, 2009."

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 transactions occurring on or after July 1, 2007, and prior to July 1, 2009.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Burkhalter of the 50th moved that the House agree to the Senate substitute to HB 193.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Amerson
Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England
Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J
Fludd

Y Holt Y Horne Y Houston
Howard Y Hudson
Hugley Jackson Y Jacobs Y James Jamieson Y Jenkins Y Jerguson Johnson, C

Y Martin E Maxwell Y May Y McCall
McKillip Y Meadows Y Millar Y Mills
Mitchell E Morgan Y Morris Y Mosby Y Mumford

Y Scott, M Y Sellier Y Setzler
Shaw Y Sheldon
Shipp Y Sims, B Y Sims, C
Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, R

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Bryant Buckner Y Burkhalter Y Burns Y Butler Y Byrd Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Crawford, R Y Davis, H Y Davis, S Y Day

Y Forster Y Franklin
Frazier Y Freeman
Gardner Y Geisinger
Glanton Y Golick
Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Hatfield Y Heard, J
Heard, K Heckstall Y Hembree Y Henson Y Hill, C Hill, C.A E Holmes

Y Johnson, T Y Jones, J
Jones, S Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord Y Loudermilk Lucas Y Lunsford Y Maddox Mangham E Manning Marin

Murphy Y Neal Y Nix
Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake
Porter Y Powell Y Pruett Y Ralston
Randall Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A

Y Smith, T Y Smith, V
Smyre Y Stanley-Turner
Starr Stephens Y Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Williams, A Williams, E Y Williams, M Y Williams, R Y Wix Yates Richardson, Speaker

On the motion, the ayes were 128, nays 0.

The motion prevailed.

Representative Jones of the 44th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

The Speaker assumed the Chair.

HB 424. By Representatives Coan of the 101st, Reese of the 98th, Hamilton of the 23rd, Cox of the 102nd, Carter of the 159th 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, to provide for the dismissal of certain claims in which no hearing has been held after a certain time period; to increase the weekly wage amounts for compensation for total disability; to increase the maximum weekly benefit for compensation for temporary partial disability; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Senate substitute was read:

A BILL

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To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers compensation, so as to provide a definition for the term "farm laborer"; to provide for the applicability of Chapter 9 of Title 34; to provide for the dismissal of certain claims in which no hearing has been held after a certain time period; to extend the period of time in which the employer has to select a rehabilitation supplier; to specify that examinations of the employee may include physical, psychiatric, and psychological examinations; to provide that charges for prescriptions and charges for other items and services shall be subject to the approval of the State Board of Workers Compensation; to provide that the board may not change any fee without detailed discussion with industry representatives; to increase the weekly wage amounts for compensation for total disability; to increase the maximum weekly benefit for compensation for temporary partial disability; to provide that the board shall cooperate with insurers; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers compensation, is amended by revising subsection (a) of Code Section 34-9-2, relating to the applicability of the chapter to employers and employees, as follows:
"(a)(1) As used in this subsection, the term 'farm laborer' shall include, without limitation, any person employed by an employer in connection with the raising and feeding of and caring for wildlife, as such term is defined in paragraph (77) of Code Section 27-1-2. (2) This chapter shall not apply to common carriers by railroad engaged in intrastate trade or commerce; nor shall this chapter be construed to lessen the liability of such common carriers or take away or diminish any right that any employee of such common carrier or, in case of his or her death, the personal representative of such employee may have under the laws of this state; nor shall this chapter apply to employees whose employment is not in the usual course of trade, business, occupation, or profession of the employer or not incidental thereto; nor to farm laborers or domestic servants; nor to employers of such employees; nor to any person, firm, or private corporation, including any public service corporation, that has regularly in service less than three employees in the same business within this state, unless such employees and their employers voluntarily elect to be bound; nor to any person performing services as a licensed real estate salesperson or associate broker who has a written contract of employment providing that he or she shall perform all services as an independent contractor."
SECTION 2. Said chapter is further amended by revising Code Section 34-9-100, relating to the filing of claims with the State Board of Workers Compensation and the dismissal of stale claims, as follows:

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"34-9-100. (a) Subject to Code Section 34-9-82, a claim for compensation may be filed with the board at any time following an injury or death. The board and its administrative law judges shall have full authority to hear and determine all questions with respect to such claims. (b) The board shall make or cause to be made any investigation or mediation it considers necessary and, upon its own motion or application of any interested party, order a hearing thereon and assign the claim to an administrative law judge for review. Furthermore, the board may direct the parties to participate in mediation conducted under the supervision and guidance of the board. (c) On or after July 1, 1985, a Any application for hearing filed with the board pursuant to this Code section, on or after July 1, 1985, but prior to July 1, 2007, for which no hearing is conducted for a period of five years shall automatically stand dismissed.
(d)(1) For injuries occurring on or after July 1, 2007, any claim filed with the board for which neither medical nor income benefits have been paid shall stand dismissed with prejudice by operation of law if no hearing has been held within five years of the alleged date of injury. (2) This subsection shall not apply to a claim for an occupational disease as defined in Code Section 34-9-280. (3) The form provided by the board for use in filing a workers compensation claim shall include notice of the provisions of this subsection. (e) Any claim, notice, or appeal required by this chapter to be filed with the board shall be deemed filed on the earlier of: (1) The the date such claim or notice is actually received by the board; or (2) The the official postmark date such claim or notice was mailed to the board, properly addressed with postage prepaid, by registered or certified mail or statutory overnight delivery."
SECTION 3. Said chapter is further amended by revising subsection (a) of Code Section 34-9-200.1, relating to rehabilitation benefits and rehabilitation suppliers, as follows:
"(a) In the event of a catastrophic injury, the employer shall furnish the employee entitled to benefits under this chapter with reasonable and necessary rehabilitation services. The employer either shall appoint a registered rehabilitation supplier or give reasons why rehabilitation is not necessary within 48 hours of the employer's acceptance of the injury as compensable or notification of a final determination of compensability, whichever occurs later. If it is determined that rehabilitation is required under this Code section, the employer shall have a period of 15 20 days from the date of notification of that determination within which to select a rehabilitation supplier. If the employer fails to select a rehabilitation supplier within such time period, a rehabilitation supplier will shall be appointed by the board to provide services at the expense of the employer. The rehabilitation supplier appointed to a catastrophic

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injury case shall have the expertise which, in the judgment of the board, is necessary to provide rehabilitation services in such case."
SECTION 4. Said chapter is further amended by revising subsections (a) and (e) of Code Section 34-9202, relating to an examination of an injured employee, as follows:
"(a) After an injury and as long as he claims compensation, the employee, if so requested by his or her employer, shall submit himself or herself to examination, at reasonable times and places, by a duly qualified physician or surgeon designated and paid by the employer or the board. Such examination may include physical, psychiatric, and psychological examinations." "(e) Notwithstanding the rights afforded an employee under Code Section 34-9-201, the employee, after an accepted compensable injury and within 120 days of receipt of any income benefits, shall have the right to one examination at a reasonable time and place, within this state or within 50 miles of the employee's residence, by a duly qualified physician or surgeon designated by the employee and to be paid for by the employer. Such examination, of which the employer or insurer shall be notified in writing in advance, shall not repeat any diagnostic procedures which have been performed since the date of the employee's injury unless the costs of such diagnostic procedures which are in excess of $250.00 are paid for by a party other than the employer or the insurer. Such examination may include physical, psychiatric, and psychological examinations."
SECTION 5. Said chapter is further amended by revising Code Section 34-9-205, relating to board approval of physician's fees, hospital, and other charges, as follows:
"34-9-205. (a) Fees of physicians, and charges of hospitals, charges for prescription drugs, and charges for and other items and services under this chapter shall be subject to the approval of the State Board of Workers Compensation. No physician, hospital, or other provider of services shall be entitled to collect any fee unless reports required by the board have been made. (b) Annually, the board shall publish a list by geographical location of usual, customary, and reasonable charges for all medical services provided under subsection (a) of this Code section. The board may consult with medical specialists in preparing said list. Fees within this list shall be presumed reasonable. No physician or hospital or medical supplier shall bill the employee for authorized medical treatment; provided, however, that if an employee fails to notify a physician, hospital, or medical supplier that he or she is being treated for an injury covered by workers compensation insurance, such provider of medical services shall not be civilly liable to any person for erroneous billing for such covered treatment if the billing error is corrected by the provider upon notice of the same. The board may require recommendations from a panel of appropriate peers of the physician or hospital or other authorized medical

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supplier in determining whether the fees submitted and necessity of services rendered were reasonable. The recommendations of the panel of appropriate peers shall be evidence of the reasonableness of fees and necessity of service which the board shall consider in its determinations. (c) Any party requesting peer review pursuant to the provisions of this Code section shall pay to the board such filing costs for peer review as established by the board; provided, however, that the prevailing party in any peer review request shall be entitled to recover its filing costs, if any, from the party which does not prevail. (d) Prior to the approval of fees by the State Board of Workers Compensation, the Commissioner, through the Medical Advisory Council, shall consult with and take into consideration information and data provided from community stakeholders regarding appropriate rates of reimbursement for workers compensation by holding public hearings and open comment periods. At no time shall the State Board of Workers Compensation have the authority to make a fee schedule revision without detailed discussions with industry stakeholders."
SECTION 6. Said chapter is further amended by revising Code Section 34-9-261, relating to compensation for total disability, as follows:
"34-9-261. While the disability to work resulting from an injury is temporarily total, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the employee's average weekly wage but not more than $450.00 $500.00 per week nor less than $45.00 $50.00 per week, except that when the weekly wage is below $45.00 $50.00, the employer shall pay a weekly benefit equal to the average weekly wage. The weekly benefit under this Code section shall be payable for a maximum period of 400 weeks from the date of injury; provided, however, that in the event of a catastrophic injury as defined in subsection (g) of Code Section 34-9-200.1, the weekly benefit under this Code section shall be paid until such time as the employee undergoes a change in condition for the better as provided in paragraph (1) of subsection (a) of Code Section 34-9-104."
SECTION 7. Said chapter is further amended by revising Code Section 34-9-262, relating to compensation for temporary partial disability, as follows:
"34-9-262. Except as otherwise provided in Code Section 34-9-263, where the disability to work resulting from the injury is partial in character but temporary in quality, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the difference between the average weekly wage before the injury and the average weekly wage the employee is able to earn thereafter, but not more than $300.00 $334.00 per week for a period not exceeding 350 weeks from the date of injury."

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SECTION 8. Said chapter is further amended by adding a new Code section to read as follows:
"34-9-12.1. The board shall cooperate with insurers, as defined in Code Section 33-24-57.1, including, but not limited to, group health plans, as defined in Section 607(1) of the federal Employee Retirement Security Act of 1974; managed care entities, as defined in Code Section 33-20A-3; health benefit plans, as defined in Code Section 33-24-59.5; pharmacy benefits managers, as defined in Code Section 26-4-110.1; and providers of the casualty insurance provisions specified in paragraph (2) of Code Section 33-7-3, in determining whether a person who is a recipient of accident and sickness benefits is eligible to receive benefits under their employer's workers compensation coverage and is eligible to receive benefits thereunder for the medical benefits for which that accident and sickness benefit was provided and shall respond to any inquiry from such insurer regarding a claim for payment for any health care item or service submitted not later than three years after such item or service was provided."
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Coan of the 101st et al. move to amend the Senate substitute to HB 424 (LC 37 0536S) by striking lines 8 and 9 on page 1 and inserting in lieu thereof the following:
approval of the State Board of Workers Compensation; to increase the
By striking lines 11 and 12 on page 1 and inserting in lieu thereof the following:
benefit for compensation for temporary partial disability; to provide for related matters; to repeal conflicting laws; and for
By adding a quotation mark at the end of line 29 of page 4.
By striking lines 30 through 36 on page 4.
By striking lines 26 through 35 on page 5 and lines 1 through 5 on page 6.
Representative Coan of the 101st moved that the House agree to the Senate substitute, as amended by the House, to HB 424.
On the motion, the roll call was ordered and the vote was as follows:

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Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce
Bryant Y Buckner
Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M Y Crawford, R
Davis, H Y Davis, S
Day

Y Dempsey Y Dickson
Dollar Y Drenner Y Dukes
Ehrhart Y England Y Epps Y Everson Y Fleming
Floyd, H Floyd, J Fludd Y Forster Y Franklin Y Frazier Y Freeman Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Greene Y Hamilton Y Hanner E Harbin Y Hatfield Y Heard, J Heard, K Y Heckstall Hembree Henson Y Hill, C Y Hill, C.A E Holmes

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson
Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J
Jones, S Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Martin E Maxwell Y May
McCall McKillip Y Meadows Y Millar Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Neal Y Nix Y Oliver O'Neal Y Parham Y Parrish Y Parsons Y Peake Porter Y Powell Y Pruett Y Ralston Randall Reece Y Reese Y Rice Y Roberts Y Rogers Royal Y Rynders Y Sailor Y Scott, A

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Yates Richardson, Speaker

On the motion, the ayes were 141, nays 0.

The motion prevailed.

Representatives Jenkins of the 8th 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.

HR 370. By Representative Barnard of the 166th:

A RESOLUTION authorizing the leasing of certain state owned real property in Bibb County, Georgia; authorizing the leasing of certain state owned real property in Cobb County, Georgia; authorizing the leasing of certain state

THURSDAY, APRIL 19, 2007

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owned real property located in Dougherty County, Georgia; authorizing the leasing of certain state owned real property located in Mitchell County, Georgia; authorizing the leasing of certain state owned real property in Troup County, Georgia; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A RESOLUTION
Authorizing the leasing of certain state owned real property in Bibb County, Georgia; authorizing the leasing of certain state owned real property in Cobb County, Georgia; authorizing the leasing of certain state owned real property located in Dougherty County, Georgia; authorizing the leasing of certain state owned real property located in Mitchell County, Georgia; authorizing the leasing of certain state owned real property in Troup County, Georgia; authorizing the leasing of certain state owned property in Monroe County, Georgia; to repeal conflicting laws; and for other purposes.
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 on the campus of the headquarters of the Georgia Forestry Commission in Bibb County and more particularly being the fire suppression laboratory in what was formerly the United States Forest Service Building which has been conveyed to the State of Georgia, said fire suppression laboratory contains approximately 1,500 square feet 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; and (3) The above-described property is a portion of the campus of the headquarters of the Georgia Forestry Commission; (4) Nanomist Systems, LLC has rented the above-described fire suppression laboratory for three years and the State Properties Commission can rent state property for no longer than three years; (5) Nanomist Systems, LLC is desirous of leasing the above-described property for five years; and
WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Cobb County, Georgia; (2) Said real properties are all those tracts or parcels of land lying and being in land lot No. 1218 of the 16th land district 2nd section of Cobb County consisting of three parcels containing a total of approximately 0.77 of one acre as described on those certain lease agreements between the State of Georgia and the City of Marietta and being recorded in the records of the State Properties Commission as "real property

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record nos." 006388 and 005745 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) The above-described properties are a portion of the Western and Atlantic railroad right of way; (4) The City of Marietta has leased the above-described property from the State of Georgia since 1973; (5) The City of Marietta is desirous of leasing the above-described property for an additional ten years; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Dougherty County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in land lots No. 361 of the 1st land district of Dougherty County containing a total of approximately 0.981 of one acre as shown on a plat of survey entitled "Albany Technical College of Fire Station No. 5" dated August 6, 2004 and revised January 20, 2006, prepared by William Clay Miller Georgia Registered Land Surveyor 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) The above-described property is a portion of the campus of Albany Technical College; (4) The Albany Technical College Foundation is desirous of leasing the abovedescribed property in order to fund approximately $1,500,000.00 in renovation and construction in an existing fire station on the property; (5) Upon completion of the above-mentioned renovation and construction, the fire station will be used by Albany Technical College as a First Responder Training Center; (6) The Board of Technical and Adult Education, at its meeting of December 7, 2006, approved of the leasing of the above-described property to the Albany Technical College Foundation; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Mitchell County, Georgia; (2) The building and shed located at the State Farmers Market in the City of Pelham, Mitchell County, Georgia, known as the most northern shed in said market site is currently leased to the Pelham Development Corporation pursuant to a resolution approved August 30, 2000, by the State Properties Commission; (3) Said real property is all that tract or parcel of land lying and being in land lots Nos. 267 and 268 of the 10th land district of Mitchell County containing a total of

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approximately 3.42 acres as shown as tract 1 on a plat of survey entitled "The State of Georgia - Farmers Market Property in the City of Pelham" dated December 23, 1996 and revised January 27, 1997, prepared by Leroy R. Hall Georgia Registered Land Surveyor No. 2504 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; (4) The above-described property has been leased to the Pelham Development Corporation since 1962; (5) The Pelham Development Corporation is desirous of continuing to lease the above-described property for an additional five years; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Troup County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in land lots No. 160, 161, 186 and 187 of the 5th land district of Troup County containing a total of approximately 51.9 acres as shown on a plat of survey entitled "DTAE Department of Economic Development" dated July 14, 2006 and revised July 19, 2006, prepared by James Stothard Georgia Registered Land Surveyor No. 2321 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) The above-described property is a portion of the property in the custody of the Department of Economic Development dedicated to the development of an automobile assembly plant in Troup County; (4) The OneGeorgia Authority has agreed to fund the construction of a training center in conjunction with the above-mentioned development of an automobile assembly plant; (5) Upon completion of the above-mentioned training center, the OneGeorgia Authority intends to contract with the Department of Technical and Adult Education to operate the facility; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Monroe County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in land lots No. 182 and 183 of the 6th land district of Monroe County containing a total of approximately 42.08 acres as shown on a plat of survey entitled "A Boundary & Partitioning survey for Development Authority of Monroe County, Georgia" dated January 6, 1995 and revised October 18, 2002, prepared by Hugh W. Mercer Georgia Registered Land Surveyor No. 1890 and being on file in the Offices of the State Properties Commission and may be more particularly described on a plat of survey

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JOURNAL OF THE HOUSE

prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) The above-described property is the former location of Tift College; (4) The Development Authority of Monroe County, Georgia is desirous of leasing a portion of the above-described property in order to construct an office facility for use by employees of the State of Georgia.
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 Bibb County real property and that in all matters relating to the leasing of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 2. That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease the above-described real property to Nanomist Systems, LLC for a period of five years for a consideration of $7,500.00 per year, and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.
SECTION 3. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease.
SECTION 4. That the lease shall be recorded by the lessee in the Superior Court of Bibb County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 5. That the authorization to lease the above-described property to Nanomist Systems, LLC shall expire three years after the date that this resolution becomes effective.
ARTICLE II SECTION 6.
That the State of Georgia is the owner of the above-described Cobb County real property and that in all matters relating to the leasing of the real property the State of Georgia is acting by and through its State Properties Commission.

THURSDAY, APRIL 19, 2007

3629

SECTION 7. That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease the above-described real property to the City of Marietta for a period of ten years for a consideration of $350.00 per year, and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.
SECTION 8. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease.
SECTION 9. That the lease shall be recorded by the lessee in the Superior Court of Cobb County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 10. That the authorization to lease the above-described property to the City of Marietta shall expire three years after the date that this resolution becomes effective.
ARTICLE III SECTION 11.
That the State of Georgia is the owner of the above-described Dougherty County real property and that in all matters relating to the leasing of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 12. That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease the above-described real property to the Albany Technical College Foundation for a period of 20 years for a consideration of $10.00, as long as the property is leased for public purpose, and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.
SECTION 13. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease.
SECTION 14. That the lease shall be recorded by the lessee in the Superior Court of Dougherty County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 15. That the authorization to lease the above-described property to the Albany Technical

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College Foundation shall expire three years after the date that this resolution becomes effective.
ARTICLE IV SECTION 16.
That the State of Georgia is the owner of the above-described Mitchell County real property and that in all matters relating to the leasing of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 17. That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease the above-described real property to the Pelham Development Corporation for a period of five years for a consideration of $1,000.00 per month, and such other terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.
SECTION 18. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease.
SECTION 19. That the lease shall be recorded by the lessee in the Superior Court of Mitchell County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 20. That the authorization to lease the above-described property to the Pelham Development Authority shall expire three years after the date that this resolution becomes effective.
ARTICLE V SECTION 21.
That the State of Georgia is the owner of the above-described Troup County real property and that in all matters relating to the leasing of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 22. That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease the above-described real property to the OneGeorgia Authority for a period of 20 years for a consideration of $10.00, and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.

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3631

SECTION 23. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease.
SECTION 24. That the lease shall be recorded by the lessee in the Superior Court of Troup County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 25. That the authorization to lease the above-described property to the OneGeorgia Authority shall expire three years after the date that this resolution becomes effective.
ARTICLE VI SECTION 26.
That the State of Georgia is the owner of the above-described Monroe County real property and that in all matters relating to the leasing of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 27. That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease all or a portion of the above-described real property to the Development Authority of Monroe County, Georgia, for a period of 20 years for a consideration of $10.00, and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.
SECTION 28. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease.
SECTION 29. That the lease shall be recorded by the lessee in the Superior Court of Monroe County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 30. That the authorization to lease the above-described property to the Development Authority of Monroe County, Georgia shall expire five years after the date that this resolution becomes effective.
ARTICLE VII SECTION 31.
All laws and parts of laws in conflict with this resolution are repealed.

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Representative Barnard of the 166th moved that the House agree to the Senate substitute to HR 370.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas
Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H Y Davis, S
Day

Y Dempsey Y Dickson Y Dollar
Drenner Y Dukes
Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H
Floyd, J Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Hatfield Y Heard, J Heard, K Y Heckstall Hembree Henson Y Hill, C Hill, C.A E Holmes

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S
Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord
Loudermilk Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Martin E Maxwell Y May
McCall McKillip Y Meadows Y Millar Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Neal Y Nix Y Oliver O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Royal Y Rynders Y Sailor Y Scott, A

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson
Willard Williams, A Y Williams, E Y Williams, M Y Williams, R Wix Yates Richardson, Speaker

On the motion, the ayes were 146, nays 0.

The motion prevailed.

HB 413. By Representatives Martin of the 47th, Geisinger of the 48th, Willard of the 49th and Jones of the 46th:
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

THURSDAY, APRIL 19, 2007

3633

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 Senate substitute was read:
A BILL
To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to sales and use tax exemptions, so as to provide for an exemption for a limited period of time with respect to sales of personal property to or used in the construction or expansion of a nature center or performing arts amphitheater facility owned or operated by an organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code and the construction or expansion of certain tourist attraction facilities; to provide for conditions and limitations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to sales and use tax exemptions, is amended by replacing "; or" with a semicolon at the end of paragraph (84), replacing the period at the end of paragraph (85) with "; or", and by adding a new paragraph to read as follows:
"(86)(A) Notwithstanding any provision of Code Section 48-8-63 to the contrary, from the period commencing on April 1, 2007, and ending on June 30, 2009, sales of tangible personal property to, or used in the construction or expansion of:
(i) A nature center owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code if:
(I) Such nature center is constructed on or after the effective date of this paragraph; (II) Such nature center is located on a parcel of at least 120 acres but not more than 150 acres; and (III) The aggregate construction costs of such nature center is $8 million or more; (ii) Any tourist attraction facility constructed on or after the effective date of this paragraph dedicated to representing history through sculpture and art which costs in excess of $8 million to construct, is greater than 10,000 square feet, and is owned and operated by a nonprofit organization; or (iii) A performing arts amphitheater facility owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code; is constructed after the effective date of this paragraph; has costs in excess

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of $30 million; has more than 60,000 square feet of space; and has associated facilities, including, but not limited to, parking. (B) The total amount of the exemption allowed under division (i) of subparagraph (A) of this paragraph shall not exceed $350,000.00 in the aggregate. (C) Any person making a sale of tangible personal property for a purpose specified in this paragraph shall collect the tax imposed on the sale unless the purchaser provides 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 upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Geisinger of the 48th and Martin of the 47th move to amend the Senate substitute to HB 413 by striking from lines 5 and 6 of page 1 the words "and the construction or expansion of certain tourist facilities".
By striking all matter beginning with line 13 of page 1 and ending with line 13 of page 2 and inserting in place thereof the following:
replacing the period at the end of paragraph (85) with a semicolon, and adding new paragraphs (86) and (87) to read as follows:
"(86)(A) Notwithstanding any provision of Code Section 48-8-63 to the contrary, during the period commencing on April 1, 2007, and ending on June 30, 2009, sales of tangible personal property to, or used in the construction or expansion of, a nature center owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code if:
(i) Such nature center is constructed on or after the effective date of this paragraph; (ii) Such nature center is located on a parcel of at least 120 acres but not more than 150 acres; and (iii) The aggregate construction costs of such nature center is $8 million or more. (B) The total amount of the exemption allowed under subparagraph (A) of this paragraph shall not exceed $350,000.00 in the aggregate. (C) Any person making a sale of tangible personal property for a purpose specified in this paragraph shall collect the tax imposed on the sale unless the purchaser provides an exemption determination letter issued by the commissioner certifying

THURSDAY, APRIL 19, 2007

3635

that the purchaser is entitled to purchase the tangible personal property without paying the tax; or (87)(A) Notwithstanding any provision of Code Section 48-8-63 to the contrary, during the period commencing on July 1, 2007, and ending on June 30, 2008, sales of tangible personal property to, or used in the construction or expansion of, a performing arts amphitheater facility owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code; is constructed after the effective date of this paragraph; has costs in excess of $30 million; has more than 60,000 square feet of space; and has associated facilities, including, but not limited to, parking. (B) Any person making a sale of tangible personal property for a purpose specified in this paragraph shall collect the tax imposed on the sale unless the purchaser provides an exemption determination letter issued by the commissioner certifying that the purchaser is entitled to purchase the tangible personal property without paying the tax."

Representative Martin of the 47th moved that the House agree to the Senate substitute, as amended by the House, to HB 413.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler
Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins

Y Dempsey Y Dickson
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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton
Hanner E Harbin Y Hatfield Y Heard, J

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson
Johnson, C Y Johnson, T Y Jones, J Y Jones, S
Jordan Y Kaiser Y Keen Y Keown Y Knight
Knox Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord

Y Martin E Maxwell Y May
McCall McKillip Y Meadows Y Millar Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Neal Y Nix Y Oliver O'Neal Y Parham Y Parrish Y Parsons Y Peake Porter Y Powell Y Pruett Y Ralston Randall Y Reece Reese

Y Scott, M Y Sellier Y Setzler
Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner E Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson
Willard

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Y Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H Y Davis, S
Day

Heard, K Y Heckstall
Hembree Y Henson Y Hill, C Y Hill, C.A E Holmes

Loudermilk Lucas Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix
Yates Richardson, Speaker

On the motion, the ayes were 143, nays 0.

The motion prevailed.

HB 117. By Representatives Heard of the 104th, Knox of the 24th, Lewis of the 15th, Hembree of the 67th, Yates of the 73rd and others:

A BILL to be entitled an Act to amend provisions of the O.C.G.A. relating to motorcycles and all-terrain vehicles; to amend Part 1 of Article 22 of Chapter 1 of Title 10 of the O.C.G.A., relating to general considerations regarding motor vehicle franchises, so as to exempt motorcycles, all-terrain vehicles, and utility vehicles from the definition of motor vehicle; to amend Chapter 1 of Title 10 of the O.C.G.A., relating to selling and other trade practices, so as to provide for definitions; to provide purposes and policies to protect motorcycle, all-terrain vehicle, and utility vehicle dealers; to provide that a grantor must approve a sale of a dealership if the terms are reasonable; to provide for succession of the dealership to the dealer's named beneficiaries; to provide for warranty obligations; to provide for dispute resolution; to provide for applicability; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Senate substitute was read:

A BILL

To amend provisions of the Official Code of Georgia Annotated relating to dealers and franchises of motorcycles, recreational vehicles, utility vehicles, and all-terrain vehicles; to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to exempt motorcycles, all-terrain vehicles, and utility vehicles from the definition of motor vehicle relative to motor vehicle franchises; to provide for certain franchise agreement exemptions for rallies or conventions involving more than 2,500 recreational vehicles; to provide for definitions; to provide purposes and policies to protect motorcycle, all-terrain vehicle, and utility vehicle dealers; to provide for sales of such vehicles; to provide for changing or terminating sales areas only for good cause; to provide for notice of termination or substantial change to a sales area; to provide for repurchase of inventories by the grantor upon termination of a

THURSDAY, APRIL 19, 2007

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dealership; to provide that it is illegal for a grantor to coerce a dealer to purchase its parts or accessories; to provide that a grantor must approve a sale of a dealership if the terms are reasonable; to provide for succession of the dealership to the dealer's named beneficiaries; to provide for warranty obligations; to provide for dispute resolution; to prohibit certain distributions or sales; to provide for applicability; 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. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by revising paragraph (10) of Code Section 10-1-622, relating to definitions relative to motor vehicle franchises, as follows:
"(10) 'Motor vehicle' means every self-propelled vehicle intended primarily for use and operation on the public highways, except farm tractors and other machines and tools used in the production, harvesting, and care of farm products, construction equipment, motorcycles as defined in paragraph (7) of subsection (a) of Code Section 10-1-725, all-terrain vehicles as defined in paragraph (1) of subsection (a) of Code Section 10-1-725, utility vehicles as defined in paragraph (12) of subsection (a) of Code Section 10-1-725, and recreational vehicles as defined in paragraph (5) of subsection (a) of Code Section 10-1-679."
SECTION 2. Said chapter is further amended by revising Code Section 10-1-649.14, relating to franchise agreements required to sell or distribute recreational vehicles, as follows:
"10-1-679.14. (a) It shall be unlawful for any dealer to sell or distribute any new recreational vehicle in Georgia unless the dealer has a franchise dealership agreement with a grantor with the express right to sell or distribute recreational vehicles in Georgia and meets the requirements and definitions provided in this article. Any dealer who does not meet the requirements of this article may participate in events where recreational vehicles are exhibited or demonstrated and seminars are provided but shall be prohibited from contracting to sell or distribute recreational vehicles to the public. Notwithstanding the foregoing, this Code section shall not apply to the sale of recreational vehicles at events sponsored by a Georgia based recreational vehicle grantor with manufacturing facilities located in the state, where recreational vehicles are sold or contracted for by its franchised out-of-state recreational vehicle dealers. (b) This Code section shall not apply to any convention or rally involving more than 2,500 recreational vehicles which are registered with the sponsor of said event; provided, however, that no dealers from outside of this state shall be invited to said event by a participating manufacturer unless all franchised Georgia dealers for such participating manufacturer shall be invited to said event, and there shall be no discrimination in terms of sales by a manufacturer to any franchised Georgia dealer for

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recreational vehicles to be sold at the convention or rally; nor shall any franchised Georgia dealer be required by a manufacturer to purchase inventory in addition to that required under a current franchise agreement between the manufacturer and such dealer in order for the dealer to participate in such convention or rally. Any participating out of state dealer that is not licensed by this state shall be from another state which authorizes recreational vehicle dealers licensed in this state to participate in similar conventions or rallies in such other state under conditions substantially equivalent to the conditions imposed by this subsection upon recreational vehicle dealers licensed in such other state. Out of state dealers shall register with the Department of Revenue and purchase a permit 30 days prior to participating in any rally in Georgia. The cost of the permit shall be $500.00 per dealer. Nothing in this subsection shall be applied to impair an obligation of a contract existing on the effective date of this subsection. Any manufacturer or dealer that violates this subsection shall not be eligible to participate in any such events."
SECTION 3. Said chapter is further amended by inserting a new Article 25A to read as follows:
"ARTICLE 25A
10-1-725. (a) As used in this article, the term:
(1) 'All-terrain vehicle' means any motorized vehicle designed for off-road use which is equipped with three or more low pressure tires and with a seat to be straddled by the operator and with handlebars for steering control. (2) 'Community of interest' means a continuing financial interest between the grantor and the grantee in either the operation of the dealership business or the marketing of such goods or services. (3) 'Dealer' means a person who performs retail sales of new motorcycles, all-terrain vehicles, or utility vehicle products situated in Georgia. (4) 'Franchise' means an oral or written agreement for a definite or indefinite period of time in which a manufacturer grants to a motorcycle, all-terrain vehicle, or utility vehicle dealer permission to use a trade name, service mark, or related characteristic and in which there is a community of interest in the marketing of motorcycle, allterrain vehicle, or utility vehicle products or services related thereto at wholesale or retail, whether by leasing, sale, or otherwise. (5) 'Grantor' means a person who grants a motorcycle, all-terrain vehicle, or utility vehicle dealership. (6) 'Moped' or 'scooter' means a motor driven cycle equipped with two wheels, with or without foot pedals to permit muscular propulsion, and an independent power source providing a maximum of two brake horsepower. If a combustion engine is used, the maximum piston or rotor displacement shall be 3.05 cubic inches (50 cubic centimeters) regardless of the number of chambers in such power source. The power

THURSDAY, APRIL 19, 2007

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source shall be capable of propelling the vehicle, unassisted, at a speed not to exceed 30 miles per hour (48.28 kilometers per hour) on level road surfaces and shall be equipped with a power drive system that functions directly or automatically only, not requiring clutching or shifting by the operator after the drive system is engaged. (7) 'Motorcycle' means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor, all-terrain vehicle, utility vehicle, and moped. (8) 'Motorcycle, all-terrain vehicle, or utility vehicle dealer' means a person who is a grantee of a motorcycle, all-terrain vehicle, or utility vehicle dealership situated in Georgia. (9) 'Motorcycle, all-terrain vehicle, or utility vehicle dealership' means an established place of business engaged in the marketing of new motorcycle, all-terrain vehicle, or utility vehicle products or services related thereto at wholesale or retail, whether by leasing, sale, or otherwise, and which is marked by an appropriate permanent sign; which has a working telephone with a telephone number listed in the local phone directory; which derives at least 75 percent of its revenue from the sale of new motorcycles, all-terrain vehicles, or utility vehicles and from the sale of motorcycle, all-terrain vehicle, or utility vehicle related products and services; and which provides services or repair for such vehicles on site; provided, however, that any dealer as defined in Code Section 13-8-12 and subject to the provisions of Article 2 of Chapter 8 of Title 13 and which is also engaged in the marketing of new motorcycle, allterrain vehicle, or utility vehicle products or services related thereto shall not be subject to the criteria of this paragraph requiring that at least 75 percent of its revenue be derived from the sale of new motorcycles, all-terrain vehicles, or utility vehicles and from the sale of motorcycle, all-terrain vehicle, or utility vehicle related products and services. (10) 'Person' means a natural person, partnership, joint venture, corporation, or other entity. (11) 'Relevant market area' means the larger of the following:
(A) The area of responsibility defined in the franchise agreement of an existing dealer; or (B) The geographic area within a radius of ten miles of any existing dealer of the same line or make of vehicle that is located in a county with a population of more than 200,000 persons according to the most recent United States decennial census or within a radius of 15 miles of an existing dealer of the same line or make of vehicle that is located in a county with a population of 200,000 or fewer persons according to the most recent United States decennial census. (12) 'Tractor' means any self-propelled vehicle designed for use as a traveling power plant or for drawing other vehicles but having no provision for carrying loads independently. (13) 'Utility vehicle' means any motorized vehicle designed and manufactured for off-road use only which has a gross vehicle weight of 850 pounds or more and which is equipped with four or more low pressure tires, with one or more bench or bucket

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seats for the operator and passengers, with a steering wheel for steering control, and with a cargo bed. (b) For purposes of this article when determining whether there is good cause for a proposed action, the trier of fact shall consider: (1) The volume of the affected dealer's business in the relevant market area; (2) The nature and extent of the dealer's investment in its business; (3) The adequacy of the dealer's service facilities, equipment, parts, supplies, and personnel; (4) The effect of the proposed action on the community; (5) The extent and quality of the dealer's service under motorcycle, all-terrain vehicle, or utility vehicle warranties; and (6) The dealer's performance under the terms of its franchise agreement.
10-1-725.1. (a) This article shall be reasonably construed and applied to promote its underlying remedial purposes and policies. (b) The underlying purposes and policies of this article are:
(1) To promote the compelling interest of the public in fair business relations between motorcycle, all-terrain vehicle, and utility vehicle dealers and grantors and in the continuation of motorcycle, all-terrain vehicle, and utility vehicle dealerships on a fair basis; (2) To protect motorcycle, all-terrain vehicle, and utility vehicle dealers against unfair treatment by grantors who inherently have superior economic power and superior bargaining power in the negotiations of motorcycle, all-terrain vehicle, and utility vehicle dealerships; (3) To provide motorcycle, all-terrain vehicle, and utility vehicle dealers with rights and remedies in addition to those existing by contract or common law; and (4) To govern all franchise agreements for motorcycle, all-terrain vehicle, and utility vehicle dealerships, including any renewals or amendments, to the full extent consistent with the Constitutions of Georgia and the United States. (c) The effect of this article may not be varied by contract or agreement. Any contract or agreement purporting to do so is void and unenforceable to that extent only.
10-1-725.2. Sales of motorcycles, all-terrain vehicles, and utility vehicles by grantors or distributors shall be in accordance with published prices, charges, and terms of sale in effect at any given time.
10-1-725.3. No grantor, directly or through any officer, agent, or employee, may terminate, cancel, fail to renew, or substantially change the area of sales responsibility of a motorcycle, all-terrain vehicle, or utility vehicle dealership agreement without good cause. The burden of proving good cause shall be on the grantor.

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10-1-725.4. Except as provided in this Code section, a grantor shall provide a motorcycle, all-terrain vehicle, or utility vehicle dealer written notice of intent to terminate, cancel, or nonrenew. The motorcycle, all-terrain vehicle, or utility vehicle dealer shall have 90 days following receipt of notice in which to rectify any claimed deficiency. If the deficiency is rectified within 90 days, the notice shall be void. The notice provisions of Code Section 10-1-725.3 shall not apply if the reason for termination, cancellation, or nonrenewal is insolvency; the occurrence of an assignment for the benefit of creditors; bankruptcy; failure of the dealer to conduct its customary sales and service operations during its customary business hours for seven consecutive business days, except for acts of God or circumstances beyond the control of the dealer; conviction of the dealer, general manager, or managing executive or any owner with a substantial interest therein of any crime which materially relates to the operation of the dealership or any felony which is punishable by imprisonment; suspension or revocation for a period of more than 14 days of any license which the dealer is required to have to operate a dealership; or fraud or intentional misrepresentation by the dealer that materially affects the franchise. In such event, the termination, cancellation, or nonrenewal shall become effective 15 days after receipt of notice by the dealer.
10-1-725.5. (a) If a motorcycle, all-terrain vehicle, or utility vehicle dealership franchise agreement is terminated, canceled, or not renewed without good cause by the grantor, the grantor, at the option of the motorcycle, all-terrain vehicle, or utility vehicle dealer, shall repurchase:
(1) All inventories of motorcycles, all-terrain vehicles, or utility vehicles, parts, and accessories sold by the grantor to the motorcycle, all-terrain vehicle, or utility vehicle dealer for resale; and (2) All diagnostic equipment, special tools, other equipment and machinery, and signage as were required to meet the dealer's service responsibilities in accordance with manufacturer's guides and applicable customer service bulletins and signs sold under the motorcycle, all-terrain vehicle, or utility vehicle dealership agreement. (b) The repurchase price shall be at the original invoice price plus freight, destination, delivery, and distribution charges and sales taxes incurred by the motorcycle, all-terrain vehicle, or utility vehicle dealer. The grantor shall pay the dealer within 30 days of receipt of the returned items. This Code section shall apply only to merchandise with a name, trademark, label, or other mark on it which identifies the grantor or with proof of purchase from the grantor. (c) The grantor shall reimburse the dealer for 100 percent of the invoiced cost to the dealer by the grantor, including transportation, of all new current model year and new current year motorcycle, all-terrain vehicle, or utility vehicle inventory acquired from the manufacturer which has not been materially altered or damaged and of all new motorcycle, all-terrain vehicle, or utility vehicle inventory not of the current model year which has not been materially altered or damaged, provided that the noncurrent model

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year vehicles were acquired from the manufacturer within 12 months prior to the effective date of the termination, cancellation, or nonrenewal. (d) The grantor shall reimburse the dealer for 100 percent of the current net prices as published in the grantor's current price lists or catalogs on accessories and parts, including superseded parts, plus 7 percent of the current net price of all grantor's accessories and parts returned to compensate the dealer for handling, packing, and loading the parts.
10-1-725.6. It shall be unlawful for any grantor, directly or through any officer, agent, or employee:
(1) To coerce, or attempt to coerce, any dealer to accept delivery of any parts or accessories or any other commodities which have not been ordered by such dealer; or (2) To coerce, or attempt to coerce, any dealer to enter into an agreement with such grantor or do any other act unfair to such dealer by threatening to cancel any motorcycle, all-terrain vehicle, or utility vehicle dealership franchise agreement existing between such grantor and such dealer.
10-1-725.7. It shall be unlawful for any grantor to prevent or refuse to approve the sale or transfer of the ownership of a motorcycle, all-terrain vehicle, or utility vehicle dealership by the sale of the business assets, stock transfer, or otherwise or a change in executive management or principal operator of the dealership if the new owner, principal operator, or management is creditworthy, has not been convicted of a felony, and is properly licensed; the sale or transfer will not result in a relocation of the business; and the sale or transfer is otherwise reasonable under the circumstances. The burden of proving that any sale or transfer is not reasonable shall be on the grantor; provided, however, that the grantor and the dealer may mutually agree to a relocation of the business.
10-1-725.8. (a) It shall be unlawful for any grantor to fail to provide a motorcycle, all-terrain vehicle, or utility vehicle dealer with an opportunity, at the time of signing a motorcycle, all-terrain vehicle, or utility vehicle dealership franchise agreement or at a reasonable time thereafter, to designate a member of his or her family as a successor to the dealership in the event of the death or incapacity of the dealer. A dealer may from time to time during the term of the franchise agreement change the beneficiary by providing a written notification to the manufacturer. (b) It shall be unlawful to prevent or refuse to honor the succession to a dealership by a member of the family of the deceased or incapacitated dealer unless the grantor has provided to the member of the family so designated written notice of its objections. The burden of proving that such transfer is not reasonable shall be on the grantor. (c) Grounds for objection shall be lack of creditworthiness, conviction of a felony, inability to obtain necessary licenses by the beneficiary, lack of required licenses, or

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other conditions which make such succession unreasonable under the circumstances; but the grantor shall bear the burden of proving the unreasonableness of such succession. No member of the family of the deceased or incapacitated dealer may succeed to a motorcycle, all-terrain vehicle, or utility vehicle dealership unless the succession to such dealership will not involve, without the grantor's consent, a relocation of the business.
10-1-725.9. (a) Each grantor shall specify in writing to each of its motorcycle, all-terrain vehicle, or utility vehicle dealers licensed in Georgia the dealer's obligation for preparation, delivery, and warranty service on its products; shall compensate the dealer for warranty service required of the dealer by the manufacturer; and shall provide the dealer the schedule of compensation to be paid to such dealers for parts, work, and service in connection with warranty service and the time allowances for the performance of such work and service. In no event shall such schedule of compensation fail to include reasonable compensation for diagnostic work as well as repair service and labor. (b) Time allowances for the diagnosis and performance of warranty work and service shall be reasonable and adequate for the work to be performed. In the determination of what constitutes reasonable compensation under this Code section, the principal factors to be given consideration shall be the prevailing wage rates being paid by the dealer and the prevailing labor rate being charged by the dealer in the community in which the dealer is doing business. In no event shall such compensation of a dealer for warranty service be less than the rates charged by the dealer for like service to retail customers for nonwarranty service and repairs so long as such rates are reasonable, unless the grantor conditions payment of such compensation upon the dealer's completion of factory training and the dealer has failed to complete such training. (c) A grantor shall reimburse the dealer for warranty parts at actual wholesale costs plus a minimum 25 percent handling charge and the cost, if any, of freight to return warranty parts to the manufacturer. Warranty audits of dealer records may be conducted by the grantor on a reasonable basis. A grantor must disapprove warranty claims in writing within 30 days of the date of submission by the dealer in the manner and form prescribed by the grantor. Claims not specifically disapproved in writing within this 30 days shall be construed to be approved and shall be paid or credited within 45 days. (d) Dealer claims for warranty compensation shall not be denied except for good cause such as performance of nonwarranty repairs, lack of material documentation, fraud, or misrepresentation. Claims for dealer compensation shall be paid within 30 days of dealer submission or rejected in writing for stated reasons. (e) It shall be a violation of this article for any grantor to:
(1) Fail to perform any of its warranty obligations with respect to a motorcycle, allterrain vehicle, or utility vehicle and motorcycle, all-terrain vehicle, or utility vehicle components;

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(2) Fail to assume all responsibility for any liability resulting from structural or production defects; (3) Fail to include written notices of factory recalls to vehicle owners and dealers and the expected date by which necessary parts and equipment will be available to dealers for the correction of such defects; (4) Fail to compensate any of its motorcycle, all-terrain vehicle, or utility vehicle dealers licensed in Georgia for repairs effected by such dealer of merchandise damaged in manufacture or transit to the dealer where the carrier is designated by the manufacturer, factory branch, distributor, or distributor branch; (5) Fail to compensate its motorcycle, all-terrain vehicle, or utility vehicle dealers licensed in this state for warranty parts, work, and service in accordance with the schedule of compensation provided the dealer pursuant to subsection (a) of this Code section or for legal costs and expenses incurred by such dealers in connection with warranty obligations for which the grantor is legally responsible or which the grantor imposes upon the dealer; (6) Misrepresent in any way purchases of motorcycles, all-terrain vehicles, or utility vehicles that contain warranties with respect to the manufacture, performance, or design of the vehicles which are made by the dealer, either as warrantor or cowarrantor; or (7) Require the dealer to make warranties to customers in any manner related to the manufacture of a motorcycle, all-terrain vehicle, or utility vehicle. (f) Notwithstanding the terms of any agreement, it shall be a violation of this article for any grantor to fail to indemnify and hold harmless its motorcycle, all-terrain vehicle, or utility vehicle dealers against any losses or damages arising out of claims, costs, judgments, expenses including reasonable attorney's fees, or suits relating to the manufacture, assembly, or design of motorcycles, all-terrain vehicles, or utility vehicles, parts, or accessories, or other functions by the grantor beyond the control of the dealer, including, without limitation, the selection by the grantor of parts or components for the motorcycle, all-terrain vehicle, or utility vehicle or any damages to merchandise occurring in transit to the dealer where the carrier is designated by the grantor. The dealer shall give notice to the grantor of pending suits in which allegations are made which fall under within this subsection whenever reasonably practicable to do so. Any motorcycle, all-terrain vehicle, or utility vehicle dealer franchise agreement issued to, amended, or renewed for motorcycles, all-terrain vehicles, or utility vehicles in Georgia on or after July 1, 2007, shall be deemed to incorporate provisions consistent with the requirements of this subsection. (g) Whenever a new motorcycle, all-terrain vehicle, or utility vehicle is damaged in transit when the carrier or means of transportation is determined by the grantor or distributor or whenever a motorcycle, all-terrain vehicle, or utility vehicle is otherwise damaged prior to delivery to the motorcycle, all-terrain vehicle, or utility vehicle dealer or if a new motorcycle, all-terrain vehicle, or utility vehicle is found to have substantial box or chassis defects upon arrival at the motorcycle, all-terrain vehicle, or utility vehicle dealership, the dealer must notify the grantor or distributor of such damage or

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such defects within ten business days from the date of delivery or within a reasonable amount of additional time or, if longer, such time as specified in the motorcycle, allterrain vehicle, or utility vehicle dealership franchise agreement and either:
(1) Request from the manufacturer or distributor authorization to replace the components, parts, and accessories damaged or otherwise correct the damage; or (2) Reject the vehicle. If the dealer exercises the option to refuse delivery of the vehicle, the motorcycle, allterrain vehicle, or utility vehicle manufacturer must immediately repurchase such vehicle. (h) If the grantor or distributor refuses or fails to authorize repair of such damage within ten days after receipt of notification or if the dealer rejects a motorcycle, allterrain vehicle, or utility vehicle because of damage, ownership of the new motorcycle, all-terrain vehicle, or utility vehicle shall revert to the grantor or distributor and the motorcycle, all-terrain vehicle, or utility vehicle dealer shall have no obligations, financial or otherwise, with respect to such motorcycle, all-terrain vehicle, or utility vehicle. (i) All manufacturers, distributors, and suppliers of motorcycle, all-terrain vehicle, or utility vehicle components shall be subject to the provisions of this article.
10-1-725.10. If any grantor violates this article, a motorcycle, all-terrain vehicle, or utility vehicle dealer may bring an action against such grantor in a court of competent jurisdiction in the county of the motorcycle, all-terrain vehicle, or utility vehicle dealer for damages sustained as a consequence of the grantor's violation, together with the actual costs of the action including reasonable attorney's fees; and the dealer also may be granted injunctive relief against unlawful termination, cancellation, or nonrenewal and refusal to permit transfer of ownership in accordance with this article.
10-1-725.11. In any action brought by a motorcycle, all-terrain vehicle, or utility vehicle dealer against a grantor under this article, any violation of this article by the grantor shall be deemed an irreparable injury to the motorcycle, all-terrain vehicle, or utility vehicle dealer for determining if a temporary injunction should be issued.
10-1-725.12. It shall be unlawful for a grantor to establish a new motorcycle, all-terrain vehicle, or utility vehicle dealership unless the dealer meets the requirements and definitions provided in this article.
10-1-725.13. It shall be unlawful for any dealer to sell or distribute any new motorcycle, all-terrain vehicle, or utility vehicle in Georgia unless the dealer has a franchise dealership agreement with a grantor with the express right to sell or distribute motorcycles, all-

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terrain vehicles, or utility vehicles in Georgia, operates a motorcycle, all-terrain vehicle, or utility vehicle dealership, and meets all of the requirements and definitions provided in this article. Any dealer who does not meet the requirements of this article may participate in events where motorcycles, all-terrain vehicles, or utility vehicles are exhibited or demonstrated and seminars are provided but shall be prohibited from contracting to sell or distribute motorcycles, all-terrain vehicles, or utility vehicles to the public."

SECTION 4. This Act shall become effective on July 1, 2007, and shall apply to any agreement entered into on or after July 1, 2007, and to any renewal, modification, or amendment made on or after July 1, 2007, to any such agreement.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Heard of the 104th and Freeman of the 140th move to amend the Senate substitute to HB 117 by revising lines 29 through 33 of page 2 to read as follows:

in such convention or rally. Out of state dealers shall register with the.

Representative Heard of the 104th moved that the House agree to the Senate substitute, as amended by the House, to HB 117.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard
Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler
Byrd

Dempsey Y Dickson
Dollar Y Drenner
Dukes Ehrhart Y England Y Epps Everson Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Frazier Freeman Y Gardner Y Geisinger

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson
Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S
Jordan Y Kaiser Y Keen

Y Martin E Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar
Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy
Neal Y Nix Y Oliver Y O'Neal Y Parham

Y Scott, M Y Sellier
Setzler Shaw Y Sheldon Y Shipp Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner E Starr Y Stephens

THURSDAY, APRIL 19, 2007

3647

Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan
Cole Y Coleman
Collins Y Cooper
Cox Y Crawford, M Y Crawford, R Y Davis, H N Davis, S
Day

Y Glanton E Golick Y Gordon
Graves Y Greene Y Hamilton
Hanner E Harbin
Hatfield Y Heard, J
Heard, K Y Heckstall
Hembree Y Henson Y Hill, C Y Hill, C.A E Holmes

Keown Y Knight Y Knox Y Lakly Y Lane, B
Lane, R Y Levitas Y Lewis
Lindsey Y Lord
Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Parrish Y Parsons Y Peake
Porter Y Powell Y Pruett Y Ralston
Randall Y Reece
Reese Y Rice Y Roberts
Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Stephenson Talton
Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard
Williams, A Y Williams, E Y Williams, M
Williams, R Wix Yates Richardson, Speaker

On the motion, the ayes were 131, nays 1.

The motion prevailed.

Representatives Cox of the 102nd 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.

HB 30. By Representative Chambers of the 81st:

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.

The following Senate substitute was read:

A BILL

To amend Part 1 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to general provisions relative to housing authorities, so as to change certain provisions relating to definitions; to change certain provisions relating to consolidated housing authorities for two or more municipalities; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

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Part 1 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to general provisions relative to housing authorities, is amended in Code Section 8-3-3, relating to definitions relative to housing authorities, by revising paragraph (13.1) as follows:
"(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. Said part is further amended by revising Code Section 8-3-14, relating to consolidated housing authorities for two or more municipalities, as follows:
"8-3-14. (a) As used in this Code section, the term 'municipality' means any municipality in the this state. (b) If the governing body of each of two or more municipalities by resolution declares that there is a need for one housing authority for all of such municipalities to exercise in such municipalities the powers and other functions prescribed for a housing authority, a public body corporate and politic to be known as a consolidated housing authority, which may be an existing housing authority designated by the municipalities as the consolidated housing authority or a new housing authority, with such corporate name as it selects, shall thereupon exist for all of such municipalities and exercise its powers and other functions within its area of operation as defined in this article, including the power to undertake projects therein. Upon the creation of a consolidated housing authority, any housing authority created for any of such municipalities, other than an existing housing authority designated as the consolidated housing authority, shall cease to exist except for the purpose of winding up its affairs and executing a deed of its real property to the consolidated housing authority.

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(c) The creation of a consolidated housing authority and the finding of need therefor shall be subject to the same provisions and limitations as are applicable to the creation of a regional housing authority; and all of the provisions of this article applicable to regional housing authorities and the commissioners thereof shall be applicable to consolidated housing authorities and the commissioners thereof; provided, however, that Code Section 8-3-107 shall not be applicable to the consolidation of housing authorities into a designated existing housing authority; and provided, further, that the area of operation of a consolidated housing authority shall include all of the territory within the boundaries of each municipality joining in the creation of such authority together with the territory within ten miles of the boundaries of each such municipality; and provided, further, that for all such purposes, the term 'county' shall be construed as meaning 'municipality,' the term 'governing body' in Code Section 8-3-106 shall be construed as meaning 'mayor or other executive head of the municipality,' and the terms 'county housing authority' and 'regional housing authority' shall be construed as meaning 'housing authority of the city' and 'consolidated housing authority,' respectively. (d) The governing body of a municipality for which a housing authority has not been created may adopt the resolution provided for in subsection (b) of this Code section if it first declares that there is a need for a housing authority to function in said municipality, which declaration shall be made in the same manner and subject to the same conditions as the declaration of the governing body of a city required by Code Sections 8-3-4 through 8-3-6 for the purpose of authorizing a housing authority created for a city to transact business and exercise its powers. (e) Except as otherwise provided in this Code section, a consolidated housing authority and the commissioners thereof shall, within the area of operation of such consolidated housing authority, have the same functions, rights, powers, duties, privileges, immunities, and limitations as those provided for housing authorities created for cities, counties, or groups of counties and the commissioners of such housing authorities, in the same manner as though all the provisions of law applicable to housing authorities created for cities, counties, or groups of counties were applicable to consolidated housing authorities."

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Chambers of the 81st moved that the House agree to the Senate substitute to HB 30.

On the motion, the roll call was ordered and the vote was as follows:

N Abdul-Salaam Y Abrams Y Amerson Y Ashe

Y Dempsey Y Dickson Y Dollar Y Drenner

Y Holt Y Horne Y Houston Y Howard

Y Martin E Maxwell
May Y McCall

Y Scott, M Y Sellier Y Setzler Y Shaw

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Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant Y Buckner
Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan
Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H Y Davis, S
Day

Y Dukes Ehrhart
Y England Y Epps
Everson Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin N Hatfield Y Heard, J
Heard, K Y Heckstall
Hembree Y Henson Y Hill, C Y Hill, C.A E Holmes

Y Hudson Hugley
Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S
Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord
Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y McKillip Y Meadows Y Millar
Mills Y Mitchell E Morgan Y Morris
Mosby Y Mumford Y Murphy
Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake
Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre
Stanley-Turner E Starr Y Stephens
Stephenson Y Talton
Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker
Watson Y Wilkinson Y Willard
Williams, A Y Williams, E Y Williams, M
Williams, R Y Wix
Yates Richardson, Speaker

On the motion, the ayes were 143, nays 2.

The motion prevailed.

HB 144. By Representatives Reese of the 98th, Coan of the 101st, Lunsford of the 110th, Johnson of the 37th and Forster of the 3rd:

A BILL to be entitled an Act to amend Chapter 47 of Title 43 and Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to used motor vehicle and used motor vehicle parts dealers and registration and licensing of motor vehicles, respectively, so as to change certain exceptions concerning the sale or advertising of used motor vehicles displayed or parked on property and the practice of curbstoning; to provide criminal penalties for violations; to provide for related matters; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes.

THURSDAY, APRIL 19, 2007

3651

The following Senate substitute was read:
A BILL
To amend Title 43 and Title 40 of the Official Code of Georgia Annotated, relating to professions and businesses and motor vehicles and traffic, respectively, so as to change certain exceptions concerning the sale or advertising of used motor vehicles displayed or parked on property and the practice of curbstoning; to provide criminal penalties for violations; to repeal Code Section 40-6-201, relating to leaving a motor vehicle unattended; to provide for related matters; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicle and used motor vehicle parts dealers, is amended by revising Code Section 43-478.1, relating to restrictions on sale or advertising of used motor vehicles displayed or parked, as follows:
"43-47-8.1. (a)(1) An owner or lessee of any real property shall not authorize more than five used motor vehicles within any 12 month period displayed or parked on such real property for the purpose of selling or advertising the sale of such used motor vehicles by the owner or lessee of such vehicles. (2) An owner or lessee of any real property shall not authorize more than two used motor vehicles at the same time displayed or parked on such real property for the purpose of selling or advertising the sale of such used motor vehicles by the owner or lessee of such vehicles. (3) An owner or lessee of any used motor vehicle shall not display or park such used motor vehicle on the real property of another for the purpose of selling or advertising the sale of such used motor vehicle if the display or parking of such vehicle will cause the owner or lessee of the real property to be in violation of paragraph (1) or (2) of this subsection. (4) An owner or lessee of any used motor vehicle shall not display or park such used motor vehicle on the real property of another for the purpose of selling or advertising the sale of such used motor vehicle unless the owner or lessee of such vehicle has the prior permission of the owner or lessee of the real property.
(b) The provisions of subsection (a) of this Code section shall not apply: (1) If the owner or lessee of the vehicle displayed or parked is employed by the owner or lessee of the real property on which the vehicle is displayed or parked; (2) If the owner or lessee of the vehicle displayed or parked is conducting business with the owner or lessee of the real property on which the vehicle is parked or displayed at the time such vehicle is displayed or parked; or

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(3) If the real property on which a vehicle is displayed or parked is a parking lot for which a fee is charged for the use of such parking lot and the owner or lessee of the vehicle displayed or parked has paid the fee for the use of such parking lot. (c)(1) An owner or lessee of any real property shall not authorize any used motor vehicle to be displayed or parked on such real property for the purpose of selling or advertising the sale of such used motor vehicle if such vehicle is not lawfully titled and registered in the name of the individual or entity offering such vehicle for sale in accordance with the applicable provisions of Chapters 2 and 3 of Title 40. (2) A person shall not advertise, display, sell, or offer for sale any used motor vehicle unless such vehicle is lawfully titled and registered in such person's name in accordance with the applicable provisions of Chapters 2 and 3 of Title 40. (d) Any law enforcement officer or agency, the board, or the owner or lessee of any real property upon which a vehicle is displayed or parked in violation of subsection (a) or (c) of this Code section for longer than 24 consecutive hours may have any such vehicle towed from such real property and stored at the expense of the owner or lessee of such vehicle and may then dispose of said vehicle in accordance with Chapter 11 of Title 40, relating to abandoned motor vehicles. (e) A violation of this Code section shall constitute an unfair or deceptive act or practice and shall be a violation of Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.' A violation of this Code section may be penalized as provided in Code Section 43-47-21 or any other applicable provision of this Code, including but not limited to the 'Fair Business Practices Act of 1975.' (f) This Code section shall not apply to any person licensed under this chapter or to any franchised motor vehicle dealer or any subsidiary wholly owned or controlled by such dealer. This Code section shall not eliminate or change the requirement for any person to obtain a license under this chapter if such person engages in any conduct or activity for which a license is required under this chapter. (g) Any person who violates any provision of this Code section Code Section 40-239.1 shall be deemed to be a licensee for the purpose of imposing sanctions and penalties under this chapter and for the purpose of granting the board jurisdiction over such violator."
SECTION 2. 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 adding a new Code Section 40-2-39.1 to read as follows:
"40-2-39.1. (a)(1) An owner or lessee of any real property shall not authorize more than five used motor vehicles within any 12 month period displayed or parked on such real property for the purpose of selling or advertising the sale of such used motor vehicles by the owner or lessee of such vehicles. (2) An owner or lessee of any real property shall not authorize more than two used motor vehicles at the same time displayed or parked on such real property for the

THURSDAY, APRIL 19, 2007

3653

purpose of selling or advertising the sale of such used motor vehicles by the owner or lessee of such vehicles. (3) An owner or lessee of any used motor vehicle shall not display or park such used motor vehicle on the real property of another for the purpose of selling or advertising the sale of such used motor vehicle if the display or parking of such vehicle will cause the owner or lessee of the real property to be in violation of paragraph (1) or (2) of this subsection. (4) An owner or lessee of any used motor vehicle shall not display or park such used motor vehicle on the real property of another for the purpose of selling or advertising the sale of such used motor vehicle unless the owner or lessee of such vehicle has the prior permission of the owner or lessee of the real property. (b) The provisions of subsection (a) of this Code section shall not apply: (1) If the owner or lessee of the vehicle displayed or parked is employed by the owner or lessee of the real property on which the vehicle is displayed or parked; (2) If the owner or lessee of the vehicle displayed or parked is conducting business with the owner or lessee of the real property on which the vehicle is parked or displayed at the time such vehicle is displayed or parked; or (3) If the real property on which a vehicle is parked is a parking lot for which a fee is charged for the use of such parking lot, the owner or lessee of the parked vehicle has paid the fee for the use of such parking lot, and such vehicle is legitimately parked on the property for purposes other than displaying, selling, or advertising the sale of such vehicle. (c)(1) An owner or lessee of any real property shall not authorize any used motor vehicle to be displayed or parked on such real property for the purpose of selling or advertising the sale of such used motor vehicle if such vehicle is not lawfully titled and registered in the name of the individual or entity offering such vehicle for sale in accordance with the applicable provisions of this chapter and Chapter 3 of this title. (2) A person shall not advertise, display, sell, or offer for sale any used motor vehicle unless such vehicle is lawfully titled and registered in such person's name in accordance with the applicable provisions of this chapter and Chapter 3 of this title. (d) Any law enforcement officer or agency, the board, or the owner or lessee of any real property upon which a vehicle is displayed or parked in violation of subsection (a) or (c) of this Code section for longer than 24 consecutive hours may have any such vehicle towed from such real property and stored at the expense of the owner or lessee of such vehicle and may then dispose of said vehicle in accordance with Chapter 11 of this title. (e) A violation of this Code section shall constitute an unfair or deceptive act or practice and shall be a violation of Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.' A violation of this Code section may be penalized as provided in Code Section 43-47-21 or any other applicable provision of this Code, including, but not limited to, the 'Fair Business Practices Act of 1975.' (f) This Code section shall not apply to any person licensed under Chapter 47 of Title 43 or to any franchised motor vehicle dealer or any subsidiary wholly owned or

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controlled by such dealer. This Code section shall not eliminate or change the requirement for any person to obtain a license under Chapter 47 of Title 43 if such person engages in any conduct or activity for which a license is required under Chapter 47 of Title 43. (g) Any person who violates this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not to exceed $1,000.00 for each violation or imprisonment for a period not to exceed 12 months, or both."

SECTION 3. Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to stopping, standing, and parking, is amended by repealing Code Section 40-6-201, relating to leaving a motor vehicle unattended, and designating said Code section as reserved.

SECTION 4. This Act shall be effective on July 1, 2007. Prosecutions for or cases involving any violation of law occurring prior to the effective date of this Act shall not be affected by the repeals or amendments made by it or abated by reason thereof.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Reese of the 98th moved that the House agree to the Senate substitute to HB 144.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins
Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser
Keen Y Keown Y Knight Y Knox

Martin E Maxwell Y May
McCall McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish N Parsons Y Peake

E Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B
Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner E Starr Y Stephens
Stephenson Y Talton Y Teilhet

THURSDAY, APRIL 19, 2007

3655

Y Chambers Y Channell
Cheokas Y Coan
Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M
Crawford, R Y Davis, H Y Davis, S Y Day

Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall
Hembree Y Henson Y Hill, C Y Hill, C.A E Holmes

Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord
Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Porter Y Powell Y Pruett
Ralston Y Randall Y Reece Y Reese Y Rice
Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Thomas, A.M Y Thomas, B Y Tumlin
Walker Y Watson Y Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, M
Williams, R Y Wix
Yates Richardson, Speaker

On the motion, the ayes were 148, nays 1.

The motion prevailed.

HB 536. By Representatives Floyd of the 147th, Williams of the 178th, McCall of the 30th, Hatfield of the 177th, Graves of the 12th 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 provide that fines for excess weight should be based on the weight including the allowed variance; 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 536 (LC 34 1161S) by replacing line 5 on page 2 with the following:

(2) A vehicle which is hauling the products listed in subparagraph (A), or (B), or (C)

By adding between lines 13 and 14 on page 2 the following:

(3) A vehicle which is hauling the products listed in subparagraph (C) or (D) of paragraph (1) of this subsection shall be permitted a 5 percent variance from the weight limitations in paragraph (1) of this subsection within a 100 mile radius of the farm or point of origin. Any person who violates the load limitations provided for in this paragraph by exceeding the 5 percent variance per single axle, tandem axle, or maximum total gross weight shall be fined on the basis of the weight limitations of

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JOURNAL OF THE HOUSE

paragraph (1) of this subsection and not on the basis of the variance allowed by this paragraph.

By substituting "(3) (4)" for "(3)" on line 14 on page 2.

Representative Floyd of the 147th moved that the House agree to the Senate amendment to HB 536.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan
Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M Crawford, R Y Davis, H N Davis, S Y Day

Y Dempsey Y Dickson
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 Frazier Y Freeman
Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall
Hembree Y Henson Y Hill, C Y Hill, C.A E Holmes

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins
Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S
Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord
Loudermilk Y Lucas Y Lunsford Y Maddox
Mangham E Manning Y Marin

Y Martin E Maxwell Y May
McCall McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Parham Y Parrish Y Parsons Y Peake Porter Y Powell Y Pruett Y Ralston Y Randall Reece Y Reese Y Rice Roberts Rogers Y Royal Rynders Y Sailor Scott, A

E Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B
Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner E Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin
Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M
Williams, R Y Wix
Yates Richardson, Speaker

On the motion, the ayes were 145, nays 1.

The motion prevailed.

THURSDAY, APRIL 19, 2007

3657

HB 389. By Representatives Lewis of the 15th, Ehrhart of the 36th and Levitas of the 82nd:

A BILL to be entitled an Act to amend Title 46 of the O.C.G.A., relating to public utilities and public transportation, so as to change the definition of motor common carrier and limousine carrier; to provide that the Public Service Commission is not authorized to set, adjust, or change rates or charges for transportation of passengers or property by certain vehicles managed or operated by a limousine carrier; to provide that any existing tariff regulating such rates or charges is void; to provide for inclusion of the motor carrier authorization number in any advertising for a limousine carrier; to require commercial liability and indemnity insurance for limousine carriers; to provide for enforcement of such advertising and insurance requirements; to provide that the provisions and powers of the Public Service Commission relating to limousines shall apply to all vehicles of specified types that are managed or operated by limousine carriers; 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 389 by striking "15" on line 23 on page 2 and inserting in lieu thereof "10".

Representative Lewis of the 15th moved that the House agree to the Senate amendment to HB 389.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes
Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J
Fludd Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger

Y Holt Y Horne Y Houston
Howard Y Hudson Y Hugley Y Jackson
Jacobs Y James Y Jamieson Y Jenkins
Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S
Jordan Y Kaiser Y Keen

Y Martin E Maxwell Y May
McCall McKillip Y Meadows Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham

E Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner E Starr Y Stephens

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Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan
Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M Crawford, R Y Davis, H Y Davis, S Y Day

Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall
Hembree Y Henson
Hill, C Y Hill, C.A E Holmes

Y Keown Y Knight
Knox Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Parrish Y Parsons Y Peake
Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice
Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin
Walker Y Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, M
Williams, R Y Wix
Yates Richardson, Speaker

On the motion, the ayes were 144, nays 0.

The motion prevailed.

HB 430. By Representatives Ralston of the 7th, Roberts of the 154th, Hatfield of the 177th and 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 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 amend Code Section 46-8-100 of the O.C.G.A., relating to the general powers of railroad companies, so as to provide that issues arising as to the dimensions of property acquired by a railroad corporation or railroad company prior to 1913 shall be determined by reference to the official map filed with the Interstate Commerce Commission pursuant to the Railroad Valuation Act of March 1, 1913; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Senate substitute was read:

A BILL

To amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to clarify the scope of the provisions applicable to the acquisition of title to land by

THURSDAY, APRIL 19, 2007

3659

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 Official Code of Georgia Annotated, relating to presumptions and estoppel, so as to provide that occupancy of a railroad right of way is by permission; to amend Code Section 46-8-100 of the Official Code of Georgia Annotated, relating to the general powers of railroad companies, so as to provide that issues arising as to the dimensions of property acquired by a railroad corporation or railroad company prior to 1913 shall be determined by reference to the official map filed with the Interstate Commerce Commission pursuant to the Railroad Valuation Act of March 1, 1913; to provide for each railroad corporation and railroad company to record such official map in the superior court in which the land is situated; to provide for courts to take judicial notice of the information on such official map that has been properly filed and recorded; to provide for certain property interest for vested interest in property; 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 that the railroads and their rights of way in Georgia:
(1) Are essential to the continued viability of this state; (2) Are valuable resources which must be preserved and protected; (3) Are essential for the economic growth and development of this state; (4) Provide a necessary means of transporting raw materials, agricultural products, other finished products, and consumer goods and are also essential for the safe passage of hazardous materials; (5) Relieve congestion on the highways and keep dangerous products and materials off our highways; (6) Are vital for national defense and national security; and (7) Provide the most efficient means of transportation through the state, thus minimizing air pollution and fuel consumption. (b) The purpose of this Act is to protect the rights of way of railroads from loss by claims of adverse possession or other claims by prescription and to recognize the dimensions of these rights of way as they were identified and defined nearly 100 years ago.
SECTION 2. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by adding a new Code section to read as follows:
"44-5-161.1.

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Any title or interest in property obtained pursuant to provisions of this title that relate to adverse possession and corporeal rights, private ways, or by any other Code section or other provision or law by which an interest in property may be obtained by prescription shall not affect a right of way owned by a railroad corporation or railroad company until such interest or title is perfected through a judicial proceeding in a manner consistent with other provisions of this Code."
SECTION 3. Said title is further amended by revising Code Section 44-5-163, relating to when adverse possession for 20 years confers title, as follows:
"44-5-163. Possession of real property in conformance with the requirements of Code Section 445-161 for a period of 20 years shall confer good title by prescription to the property against everyone except the state and those persons laboring under the disabilities stated in Code Section 44-5-170 and railroad corporations or railroad companies as defined in Code Section 46-1-1 for railroad property that has not been the subject of a formal abandonment before the Surface Transportation Board, the track has not been removed, and the railroad corporation or railroad company has made a documented decision that it will not restore operations."
SECTION 4. Said title is further amended by revising Code Section 44-5-164, relating to when adverse possession for seven years confers title, as follows:
"44-5-164. Possession of real property under written evidence of title in conformance with the requirements of Code Section 44-5-161 for a period of seven years shall confer good title by prescription to the property against everyone except the state and those persons laboring under the disabilities stated in Code Section 44-5-170 and railroad corporations or railroad companies as defined in Code Section 46-1-1 for railroad property that has not been the subject of a formal abandonment before the Surface Transportation Board, the track has not been removed, and the railroad corporation or railroad company has made a documented decision that it will not restore operations, provided that, if the written title is forged or fraudulent and if the person claiming adverse possession had actual notice of such forgery or fraud when he or she commenced his or her possession, no prescription may be based on such possession."
SECTION 5. Said title is further amended by revising Code Section 44-5-175, relating to prescription involving incorporeal rights, as follows:
"44-5-175. An incorporeal right which may be lawfully granted, such as a right of way or the right to throw water upon the land of another, may be acquired by prescription against everyone

THURSDAY, APRIL 19, 2007

3661

except this state, those persons laboring under the disabilities stated in Code Section 445-170, and railroad corporations or railroad companies as defined in Code Section 46-11 for railroad property that has not been the subject of a formal abandonment before the Surface Transportation Board, the track has not been removed, and the railroad corporation or railroad company has made a documented decision that it will not restore operations."
SECTION 6. Said title is further amended by revising Code Section 44-9-1, relating to the methods of acquiring private ways, as follows:
"44-9-1. The right of private way over another's land may arise from an express grant, from prescription by seven years uninterrupted use through improved lands or by 20 years use through wild lands, by implication of law when the right is necessary to the enjoyment of lands granted by the same owner, or by compulsory purchase and sale through the superior court in the manner prescribed by Article 3 of this chapter, except that no right of private way may be acquired by prescription over the lands of this state, those persons laboring under the disabilities stated in Code Section 44-5-170, and railroad corporations or railroad companies as defined in Code Section 46-1-1 for railroad property that has not been the subject of a formal abandonment before the Surface Transportation Board, the track has not been removed, and the railroad corporation or railroad company has made a documented decision that it will not restore operations."
SECTION 7. Said title is further amended by revising Code Section 44-9-54, relating generally to the establishment of private ways by prescription, as follows:
"44-9-54. Except as to lands of this state, those persons laboring under disabilities stated in Code Section 44-5-170, and railroad corporations or railroad companies as defined in Code Section 46-1-1, for railroad property that has not been the subject of a formal abandonment before the Surface Transportation Board, the track has not been removed, and the railroad corporation or railroad company has made a documented decision that it will not restore operations whenever Whenever a private way has been in constant and uninterrupted use for seven or more years and no legal steps have been taken to abolish it, it shall not be lawful for anyone to interfere with that private way."
SECTION 8. Article 2 of Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to presumptions and estoppel, is amended by adding a new Code section to read as follows:
"24-4-23.2. In any action to establish a right, title, or interest in or to real property that is a part of a railroad right of way, including a right of ingress or egress, and such claim is based

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upon occupancy of the railroad right of way by a person or entity other than the railroad corporation or railroad company, there is a presumption that any such occupancy of the railroad right of way is with the permission of the railroad corporation or railroad company. Such presumption may only be rebutted by proof of actual written notice to the railroad corporation or railroad company that the occupancy of the railroad right of way is based upon a claimed right in or to that portion of the right of way at issue."
SECTION 9. Code Section 46-8-100 of the Official Code of Georgia Annotated, relating to the general powers of railroad companies, is amended by revising paragraph (3) as follows:
"(3) To acquire, purchase, hold, and use all such real estate and other property as may be necessary for the construction and maintenance of said road and of the stations, wharves, docks, terminal facilities, and all other accommodations necessary to accomplish the object of the corporation; and to condemn, lease, or buy any land necessary for its use; provided, however, that to the extent an issue arises over the dimensions of any such acquisition by a railroad corporation or railroad company which occurred prior to 1913, those dimensions shall be determined by reference to the documents evidencing any such transaction and by examining the official map of the railroad filed with the Interstate Commerce Commission pursuant to the Railroad Valuation Act of March 1, 1913, Stat. 701, as amended, and such depictions contained on such official railroad map shall be conclusive as to the dimensions of any acquisition as of the date of such railroad map; provided, further, that each railroad corporation and railroad company shall file and record such official map of the railroad with the superior court for the county in which such land is situated that is depicted on such official railroad map. Any court of this state shall take judicial notice of the information set forth in any such official map properly filed and recorded by such railroad corporation or railroad company;"
SECTION 10. Said title is further amended by revising Code Section 44-5-40, relating to conveyance of future interests or estates, as follows:
"44-5-40. Future and vested interests in property or estates are descendible, devisable, and alienable in the same manner as estates in possession."
SECTION 11. 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 430.
On the motion, the roll call was ordered and the vote was as follows:

THURSDAY, APRIL 19, 2007

3663

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas
Chambers Y Channell Y Cheokas Y Coan
Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M
Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall
Hembree Y Henson Y Hill, C Y Hill, C.A E Holmes

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins
Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S
Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord
Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Martin E Maxwell Y May
McCall McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner E Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin
Walker Y Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, M
Williams, R Y Wix
Yates Richardson, Speaker

On the motion, the ayes were 154, nays 0.

The motion prevailed.

HB 168. By Representatives Mumford of the 95th, Knox of the 24th and Forster of the 3rd:

A BILL to be entitled an Act to amend Code Section 15-11-21 of the Official Code of Georgia Annotated, relating to associate juvenile court judges, appointment and compensation, qualifications, conduct of hearings, and rehearing, so as to change the qualifications for an associate juvenile court judge; to provide for related matters; to repeal conflicting laws; and for other purposes.

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The following Senate substitute was read:
A BILL
To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the qualifications for an associate juvenile court judge; to provide that the duration of certain orders in deprivation proceedings may be extended for longer periods under certain circumstances; to provide for other party's ability to file certain motions; 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 revising subsections (a) and (b) of Code Section 15-11-21, relating to associate juvenile court judges, appointment and compensation, qualifications, conduct of hearings, and rehearing, as follows:
"(a) The judge may appoint one or more persons to serve as associate juvenile court judge in juvenile matters on a full-time or part-time basis. The associate juvenile court judge shall serve at the pleasure of the judge, and his or her salary shall be fixed by the judge with the approval of the governing authority or governing authorities of the county or counties for which the associate juvenile court judge is appointed. The salary of each associate juvenile court judge shall be paid from county funds. Except as provided in subsection (b) of this Code section, an associate juvenile court judge shall be a member of the State Bar of Georgia or shall be a graduate of a law school; provided, however, that any person serving as a referee on July 1, 1983, shall be qualified for appointment thereafter to serve as an associate juvenile court judge. (b) In each county having a population of 75,000 or more according to the United States decennial census of 1990 or any such future census and which employs a fulltime juvenile court judge, each Each associate juvenile court judge appointed after July 1, 1994, shall have the same qualifications as required for a judge of the juvenile court as provided in subsection (e) of Code Section 15-11-18; provided, however, that any person serving as a referee on July 1, 1983 an associate juvenile court judge on July 1, 2007, shall be qualified for appointment thereafter to serve as an associate juvenile court judge."
SECTION 2. Said chapter is further amended by revising subsection (n) of Code Section 15-11-58, relating to reasonable efforts regarding reunification of family, reports and plans, custody orders when reunification found not to be in child's best interest, duration of orders, review of determinations, hearings, and supplemental orders, as follows:

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"(n) The court which made the order may extend its duration for one or more periods of not more than 12 months if:
(1) A hearing is held upon motion of the Division of Family and Children Services of the Department of Human Resources or any other party in interest as recognized by the court prior to the expiration of the order; (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; and (3) The court finds by clear and convincing evidence that the extension is necessary to accomplish the purposes of the order extended and is in the best interest of the child."

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Mumford of the 95th moved that the House agree to the Senate substitute to HB 168.

On the motion, the roll call was ordered and the vote was as follows:

N Abdul-Salaam N Abrams Y Amerson N Ashe Y Barnard N Bearden Y Beasley-Teague N Benfield Y Benton N Black
Bridges N Brooks N Bruce Y Bryant N Buckner Y Burkhalter Y Burns N Butler N Byrd N Carter, A Y Carter, B Y Casas Y Chambers Y Channell
Cheokas N Coan
Cole Y Coleman Y Collins Y Cooper Y Cox

Y Dempsey Dickson
Y Dollar N Drenner N Dukes
Ehrhart Y England N Epps Y Everson Y Fleming N Floyd, H Y Floyd, J
Fludd Y Forster N Franklin N Frazier Y Freeman
Gardner Y Geisinger Y Glanton E Golick N Gordon N Graves N Greene Y Hamilton Y Hanner E Harbin N Hatfield Y Heard, J
Heard, K N Heckstall

Y Holt N Horne N Houston
Howard N Hudson N Hugley N Jackson Y Jacobs N James N Jamieson N Jenkins
Jerguson Y Johnson, C Y Johnson, T Y Jones, J N Jones, S
Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas N Lewis Y Lindsey Y Lord N Loudermilk N Lucas

Y Martin E Maxwell N May
McCall McKillip N Meadows Y Millar Y Mills N Mitchell E Morgan Y Morris Mosby Y Mumford N Murphy Neal N Nix N Oliver N O'Neal Y Parham Y Parrish N Parsons Y Peake Porter Y Powell Y Pruett Ralston N Randall Reece N Reese Y Rice Y Roberts

N Scott, M Y Sellier Y Setzler N Shaw Y Sheldon
Shipp Y Sims, B Y Sims, C Y Sims, F N Sinkfield Y Smith, B Y Smith, L N Smith, R Y Smith, T N Smith, V N Smyre N Stanley-Turner E Starr Y Stephens
Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B
Tumlin Walker N Watson Y Wilkinson Y Willard N Williams, A N Williams, E

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N Crawford, M Crawford, R
N Davis, H N Davis, S N Day

Hembree N Henson N Hill, C Y Hill, C.A E Holmes

Lunsford N Maddox N Mangham E Manning Y Marin

N Rogers Y Royal Y Rynders N Sailor Y Scott, A

N Williams, M Williams, R
N Wix Yates Richardson,
Speaker

On the motion, the ayes were 72, nays 72.

The motion was lost.

The House has disagreed.

HB 528. By Representatives Martin of the 47th, Burkhalter of the 50th, Stephens of the 164th, Lane of the 158th and Roberts of the 154th:

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 provide for certificates of registration for cosmetic laser practitioners; to define a certain term; to provide certain requirements for one member of the State Board of Cosmetology; to provide for applications to be made to obtain a certificate of registration for three different levels of cosmetic laser practitioner; to provide continuing education for such practitioners; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Senate substitute was read:

A BILL

To amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, physician's assistants, and others, so as to provide for the licensing of cosmetic laser practitioners; to provide a short title; to provide legislative findings; to provide for definitions; to provide for construction; to provide for applications to be made to the Composite State Board of Medical Examiners to obtain a license for different levels of cosmetic laser practitioner; to provide for powers and duties of the board; to provide for licensing standards and requirements; to provide for the issuance and renewal of licenses; to provide for permitted and prohibited activities; to provide continuing education requirements; to require that each facility offering cosmetic laser services have a consulting physician; to require that written consent be given for cosmetic laser services; to provide for rules and regulations; to provide for an advisory board; to provide for sanctions; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, physician's assistants, and others, is amended by adding a new article to read as follows:
"ARTICLE 9
43-34-240. This article shall be known and may be cited as the 'Georgia Cosmetic Laser Services Act.'
43-34-241. This article is enacted for the purpose of safeguarding the public health, safety, and welfare by providing for state administrative control, supervision, and regulation of the practice of providing cosmetic laser services. It is the intention of the General Assembly that cosmetic laser services be made available and affordable to the people of this state in a safe, reliable manner. Unregulated cosmetic laser services do not adequately meet the needs or serve the interests of the public. Licensure of those performing cosmetic laser services and required education and training of such practitioners will help ensure the health and safety of consumers. The practice of providing cosmetic laser services is declared to be affected with the public interest; and this article shall be liberally construed so as to accomplish the purpose stated in this Code section.
43-34-242. As used in this article, the term:
(1) 'Board' means the Composite State Board of Medical Examiners created by Code Section 43-34-21. (2) 'Consulting 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 facility with whom he or she has an agreement to provide services in accordance with Code Section 43-34-248. (3) 'Consumer' means a person on whom cosmetic laser services are or are to be performed. (4) 'Cosmetic laser practitioner' means a person licensed under this article to provide cosmetic laser services as defined in this article and whose license is in good standing. (5) 'Cosmetic laser services' means nonablative elective cosmetic light based skin, photo rejuvenation, or hair removal using lasers and pulsed light devices approved by the United States Food and Drug Administration for noninvasive procedures. Such services and the provision thereof shall not be considered to be the practice of medicine.

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(6) 'Facility' means any location, place, area, structure, office, institution, or business or a part thereof in which is performed or provided cosmetic laser services regardless of whether a fee is charged for such services. (7) 'License' means a valid and current certificate of registration issued by the board which shall give the person to whom it is issued authority to engage in the practice prescribed thereon. (8) 'Licensee' means any person holding a license under this article. (9) 'Medical practitioner' means a registered professional nurse, licensed practical nurse, nurse practitioner, physician's assistant, or physician. (10) 'Nurse' means a registered professional nurse, licensed practical nurse, or nurse practitioner. (11) 'Person' means a natural person.
43-34-243. This article shall not be construed to prohibit:
(1) A licensed physician from engaging in the practice for which he or she is licensed; (2) A licensed physician's assistant from engaging in the practice for which he or she is licensed; (3) A person licensed by this state as a registered professional nurse, licensed practical nurse, or nurse practitioner from engaging in his or her profession; (4) A licensed esthetician from engaging in his or her profession; (5) A master cosmetologist from engaging in his or her profession; (6) Any person licensed under any other article of this chapter from engaging in the practice for which he or she is licensed; (7) A person licensed in this state under any other law from engaging in the practice for which he or she is licensed; (8) The practice of providing cosmetic laser services by a person who is employed by the federal government or any bureau, division, or agency of the federal government while in the discharge of the employee's official duties; (9) The practice of providing cosmetic laser services by a student enrolled in an accredited school of nursing or medical school as part of his or her training; or (10) Employees or authorized representatives of a manufacturer of a laser used for cosmetic laser services from engaging in one or more of the following: evaluating, adjusting, measuring, designing, fabricating, assembling, fitting, servicing, training, repairing, replacing, or delivering a laser used to provide cosmetic laser services under the order, direction, or prescription of a physician or health provider operating within his or her licensed scope of practice.
43-34-244. (a) There shall be two levels of a license for a cosmetic laser practitioner: assistant laser practitioner and senior laser practitioner.

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(b) Any person desiring to obtain a license as a cosmetic laser practitioner under the terms of this article shall make application to the board as follows:
(1) An applicant for an 'assistant laser practitioner' license shall present proof that he or she:
(A) Holds a current valid license or certificate of registration as a physician's assistant, nurse, esthetician, or master cosmetologist, or has previously held a license or certificate of registration as a medical practitioner; and (B) Has received at least three laser certificates from attending laser/intense pulsed light (IPL) courses as approved by the board, directly taught by a licensed physician or certified continuing medical education or continuing education educator. If, after review of the application, it is determined that the applicant is at least 21 years of age; has met the minimum educational requirements; is of good moral character; and is possessed of the requisite skill to perform properly cosmetic laser services, a license shall be issued to the applicant entitling the applicant to practice the occupation of cosmetic laser practitioner at the assistant laser practitioner level under the direct supervision of a senior laser practitioner. (2) An applicant for a 'senior laser practitioner' license shall present proof that he or she: (A) Holds a current valid license or certificate of registration as a physician's assistant or nurse or has previously held a license or certificate of registration as a medical practitioner; (B) Has at least three years of clinical or technological medical experience, or both; (C) Has been or was licensed or nationally board certified as a medical practitioner for at least three years; and (D) Has received at least two laser certificates from attending laser/intense pulsed light (IPL) continuing medical education courses as approved by the board, directly taught by a licensed physician or certified continuing medical education or continuing education educator. If, after review of the application, it is determined that the applicant is at least 21 years of age; has met the minimum educational and clinical training requirements to perform cosmetic laser services with indirect supervision; is of good moral character; and is possessed of the requisite skill to perform properly these services, a license shall be issued to the applicant entitling the applicant to practice the occupation of cosmetic laser practitioner at the senior laser practitioner level pursuant to the protocols of a consulting physician. (c) The board shall be authorized to waive any education requirements under this Code section in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who has practiced as a cosmetic laser practitioner prior to July 1, 2007. (d) Should an applicant have a current cosmetic laser practitioner license or certificate of registration 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

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submitted an application, the applicant may be issued a license at the appropriate level entitling him or her to practice the occupation of a cosmetic laser practitioner 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 article. 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 as a cosmetic laser practitioner outside of this state and who desires to obtain a license at a level authorized under this Code section to practice as a cosmetic laser practitioner in this state in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate.
43-34-245. (a) All licenses shall expire biennially unless renewed. All applications for renewal of a license shall be filed with the board prior to the expiration date, accompanied by the biennial renewal fee prescribed by the board. A license which has expired for failure of the holder to renew may only be restored after application and payment of the prescribed restoration fee within the time period established by the board and provided the applicant meets such requirements as the board may establish by rule. Any license which has not been restored within such period following its expiration may not be renewed, restored, or reissued thereafter. The holder of such a canceled license may apply for and obtain a valid license only upon compliance with all relevant requirements for issuance of a new license. (b) As a condition of license renewal, the board shall require licensees to provide proof, in a form approved by the board, of a minimum of five hours of continuing education courses as approved by the board in the area of cosmetic laser services, equipment safety and operation, procedures, and relative skin modalities, directly taught by a licensed physician or certified continuing medical education or continuing education educator.
43-34-246. (a) The board shall have authority to refuse to grant or restore a license to an applicant or to discipline a cosmetic laser practitioner under this article upon a finding by the board that the licensee or applicant has:
(1) Displayed an inability or has become unable to practice as a cosmetic laser practitioner with reasonable skill and safety to consumers by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition:
(A) In enforcing this paragraph the board may, upon reasonable grounds, require a licensee or applicant to submit to a mental or physical examination by an appropriate practitioner of the healing arts designated by the board. The expense of such mental or physical examination shall be borne by the licensee or applicant. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute,

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including, but not limited to, Code Section 24-9-21. Every person who shall accept the privilege of practicing cosmetic laser services in this state or who shall file an application for a license to provide cosmetic laser services in this state shall be deemed to have given his or her consent to submit to such mental or physical examination and to have waived all objections to the admissibility of the results in any hearing before the board upon the grounds that the same constitutes a privileged communication. If a licensee or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure was due to circumstances beyond his or her control, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any licensee or applicant who is prohibited from practicing cosmetic laser services under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate to the board that he or she can resume or begin the practice of cosmetic laser practitioner with reasonable skill and safety to consumers; (B) For the purposes of this paragraph, the board may, upon reasonable grounds, obtain any and all records relating to the mental or physical condition of a licensee or applicant, including psychiatric records; and such records shall be admissible in any hearing before the board, notwithstanding any privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-9-21. Every person who shall accept the privilege of practicing as a cosmetic laser practitioner in this state or who shall file an application to practice cosmetic laser services in this state shall be deemed to have given his or her consent to the board's obtaining any such records and to have waived all objections to the admissibility of such records in any hearing before the board upon the grounds that the same constitute a privileged communication; and (C) If any licensee or applicant could, in the absence of this paragraph, invoke a privilege to prevent the disclosure of the results of the examination provided for in subparagraph (A) of this paragraph or the records relating to the mental or physical condition of such licensee or applicant obtained pursuant to subparagraph (B) of this paragraph, all such information shall be received by the board in camera and shall not be disclosed to the public, nor shall any part of the record containing such information be used against any licensee or applicant in any other type of proceeding; (2) Been convicted of a felony or crime involving moral turpitude in the courts of this state, the United States, or the conviction of an offense in another jurisdiction which if committed in this state would be deemed a felony. For the purpose of this Code section, a 'conviction' shall include a finding or verdict of guilty, a plea of guilty, or a plea of nolo contendere in a criminal proceeding regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon pursuant to the provisions of Code Sections 42-8-60 through 42-8-64, relating to first offenders, or any comparable rule or statute; (3) Knowingly made misleading, deceptive, untrue, or fraudulent representations to a consumer or other person or entity in connection with the practice of providing

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cosmetic laser services or in any document connected therewith; practiced fraud or deceit or intentionally made any false statement in obtaining or attempting to obtain a license to practice cosmetic laser services or as a cosmetic laser practitioner; or made a false or deceptive biennial registration with the board; (4) Has had a license or certificate of registration as a medical practitioner revoked, suspended, or denied; (5) Practiced cosmetic laser services contrary to this article or to the rules and regulations of the board; knowingly aided, assisted, procured, or advised any person to provide cosmetic laser services contrary to this article or to the rules and regulations of the board; or knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person to provide cosmetic laser services; (6) Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice need not have resulted in actual injury to any person, as determined as a result of an investigation initiated upon the board's own motion or as a result of a sworn written request for investigation, by or on behalf of a consumer, of an act or acts which occurred within three years of such initiation or request; or (7) Failed to report to the board any act or omission of a licensee or applicant or any other person which violates the provisions of this article. (b)(1) When the board finds that any person is unqualified to be granted a license or finds that any person should be disciplined pursuant to subsection (a) of this Code section, the board may take any one or more of the following actions:
(A) Refuse to grant or restore a license to an applicant; (B) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee; (C) Suspend any license for a definite period; (D) Limit or restrict any license; (E) Revoke any license; (F) Condition the penalty or withhold formal disposition, upon the cosmetic laser practitioner's submission to the care, counseling, or treatment of physicians or other professional persons, and the completion of such care, counseling, or treatment, as directed by the board; or (G) Impose a fine not to exceed $500.00 for each violation of law, rule, or regulation of the board. (2) In addition to or in conjunction with the actions enumerated pursuant to paragraph (1) of this subsection the board may make a finding adverse to the licensee or applicant but withhold imposition of judgment and penalty, or it may impose the judgment and penalty but suspend enforcement thereof and place the licensee or applicant on probation, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose.

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(c) In its discretion, the board may restore and reissue a license issued under this article and, as a condition thereof, it may impose any disciplinary or corrective measure provided in this article. (d) A person, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting the acts or omissions of a licensee or applicant which violate the provisions of subsection (a) of this Code section or any other provision of law relating to a licensee's or applicant's fitness to practice as a cosmetic laser practitioner, if such report is made in good faith without fraud or malice. Any person who testifies without fraud or malice before the board in any proceeding involving a violation of the provisions of subsection (a) of this Code section or any other law relating to a licensee's or applicant's fitness to practice as a cosmetic laser practitioner shall be immune from civil and criminal liability for so testifying.
43-34-247. The practice of providing cosmetic laser services is declared to be an activity affecting the public interest and involving the health, safety, and welfare of the public. Such practice when engaged in by a person who is not licensed as a cosmetic laser practitioner or otherwise licensed to practice a profession which is permitted under law to perform cosmetic laser services is declared to be harmful to the public health, safety, and welfare. The board or the district attorney of the circuit where such unlicensed practice exists, or any person or organization having an interest therein, may bring a petition to restrain and enjoin such unlicensed practice in the superior court of the county where such unlicensed person resides. It shall not be necessary in order to obtain an injunction under this Code section to allege or prove that there is no adequate remedy at law, or to allege or prove any special injury.
43-34-248. Any facility providing cosmetic laser services shall have an agreement with a consulting physician who shall:
(1) Be trained in laser modalities; (2) Establish proper protocols for the cosmetic laser services provided at the facility and file such protocols with the board; and (3) Be available for emergency consultation with the cosmetic laser practitioner or anyone employed by the facility.
43-34-249. (a) Prior to receiving cosmetic laser services from a cosmetic laser practitioner, a person must consent in writing to such services and shall be informed in writing of the general terms of the following:
(1) The nature and purpose of such proposed procedure; (2) Any material risks generally recognized and associated with the cosmetic laser service to be performed which, if disclosed to a reasonably prudent person in the customer's position, could reasonably be expected to cause such prudent person to

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decline such proposed cosmetic laser services on the basis of the material risk of injury that could result from such proposed services; (3) The type of license the individual who will performing the cosmetic laser service has obtained; and (4) The steps to be followed after the cosmetic laser service is performed in the event of any complications. (b) It shall be the responsibility of the cosmetic laser practitioner to ensure that the information required by subsection (a) of this Code section is disclosed and that the consent provided for in this Code section is obtained. (c) Where the consumer is under 18 years of age, the consent of the consumer's parent or legal guardian shall be required. (d) The board shall be required to adopt and have the authority to promulgate rules and regulations governing and establishing the standards necessary to implement this Code section specifically including but not limited to the disciplining of a cosmetic laser practitioner who fails to comply with this Code section. (e) Nothing in this Code section shall prohibit the information provided for in this Code section from being disclosed through the use of video tapes, audio tapes, pamphlets, booklets, or other means of communication or through conversations with the cosmetic laser practitioner; provided, however, that such information is also provided in writing and attached to the consent form which the consumer signs.
43-34-250. The board shall appoint an advisory committee. The advisory committee shall be representative of a cross section of the cultural backgrounds, to the extent practical, of the licensed cosmetic laser practitioners licensed under this article and such members as the board in its discretion may determine. Members shall receive no compensation for service on the committee. The committee shall have such advisory duties and responsibilities as the board may determine, including but not limited to consulting with the board on the issuance, denial, suspension, and revocation of licenses and the promulgation of rules and regulations under this article. The initial members of the advisory committee may include persons eligible for licensing under this article. Subsequent advisory committee members must be licensed pursuant to this article.
43-34-251. (a) It shall be unlawful for any person licensed as a cosmetic laser practitioner to perform cosmetic laser services within any area within one inch of the nearest part of the eye socket of any consumer. (b) It shall be unlawful for any person licensed as a cosmetic laser practitioner to administer any pharmaceutical agent or other substance by injection.
43-34-252. Any person who owns a facility in which cosmetic laser services are offered or performed in noncompliance with the requirements of this article shall be guilty of a misdemeanor.

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43-34-253. Any person convicted of violating any provision of this article shall be guilty of a misdemeanor."

SECTION 2. This Act shall become effective only if funds are specifically appropriated for the purposes of this Act in a General Appropriations Act making specific reference to this Act and shall become effective when funds so appropriated become available for expenditure.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Martin of the 47th moved that the House agree to the Senate substitute to HB 528.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler
Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan
Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M

Y Dempsey Y Dickson 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 Frazier Y Freeman N Gardner Y Geisinger Y Glanton E Golick Y Gordon N Graves Y Greene Y Hamilton Y Hanner E Harbin N Hatfield Y Heard, J
Heard, K Y Heckstall Y Hembree

Y Holt Y Horne Y Houston
Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins
Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S
Jordan Y Kaiser Y Keen Y Keown Y Knight
Knox Lakly Lane, B Y Lane, R Y Levitas Y Lewis Lindsey Y Lord Y Loudermilk Y Lucas Lunsford

Y Martin E Maxwell N May
McCall McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Mosby Y Mumford Y Murphy Neal Y Nix Y Oliver O'Neal Y Parham Y Parrish Y Parsons Y Peake Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon
Shipp Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Smyre Y Stanley-Turner E Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Walker Y Watson Y Wilkinson Y Willard Y Williams, A Williams, E Y Williams, M

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Crawford, R Y Davis, H N Davis, S Y Day

N Henson Y Hill, C Y Hill, C.A E Holmes

Y Maddox Y Mangham E Manning Y Marin

Y Royal Y Rynders Y Sailor Y Scott, A

Y Williams, R Y Wix
Yates Richardson, Speaker

On the motion, the ayes were 139, nays 6.

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.

Representative Dollar of the 45th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

HB 197. By Representatives Fleming of the 117th, Lindsey of the 54th and Hatfield of the 177th:

A BILL to be entitled an Act to amend Article 1 of Chapter 10 of Title 17 of the O.C.G.A., relating to the procedure for sentencing and imposition of punishment, so as to repeal provisions allowing review of sentences of imprisonment for a period exceeding 12 years by a three-judge panel, to provide for the disposition of cases currently under review or in the pipeline for review, to provide duties and responsibilities of the president of The Council of Superior Court Judges of Georgia with respect to abolishing the three-judge panel; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees in superior court, so as to correct a crossreference; 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 Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to require parties to raise specific objections to jury charges prior to the jury retiring to deliberate; to provide that failure to raise objections shall preclude appellate review except under limited circumstances; to repeal provisions allowing review of sentences of imprisonment for a period exceeding 12 years by a three-judge panel; to provide for the disposition of cases currently under review or in the pipeline for review; to provide duties and responsibilities of the president of The Council of Superior Court Judges of Georgia with respect to abolishing the three-judge panel; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees in superior

THURSDAY, APRIL 19, 2007

3677

court, so as to correct a cross-reference; 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. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by adding a new Code section to read as follows:
"17-8-58. (a) Any party who objects to any portion of the charge to the jury or the failure to charge the jury shall inform the court of the specific objection and the grounds for such objection before the jury retires to deliberate. Such objections shall be done outside of the jury's hearing and presence. (b) Failure to object in accordance with subsection (a) of this Code section shall preclude appellate review of such portion of the jury charge, unless such portion of the jury charge constitutes plain error which affects substantial rights of the parties. Such plain error may be considered on appeal even if it was not brought to the court's attention as provided in subsection (a) of this Code section."
SECTION 2. Said title is further amended by repealing and reserving Code Section 17-10-6, relating to review of sentences of imprisonment for a period exceeding 12 years by a three-judge panel, as follows:
"17-10-6. (a) In any case, except cases in which the death penalty is imposed or cases involving a serious violent felony as defined in subsection (a) of Code Section 17-10-6.1, in which a sentence of 12 or more years, or several consecutive sentences which total 12 or more years, has been fixed and imposed by a judge, without a jury, the defendant shall have the right to have the sentence or sentences reviewed by a panel of three superior court judges to determine whether the sentence or sentences so imposed are excessively harsh. Consideration shall be given in the review to the nature of the crime for which the defendant has been convicted and to the defendant's prior criminal record. Any defendant seeking a review of such sentence or sentences shall make application therefor within 30 days of the date on which the sentence was imposed by a judge of the superior court or after the remittitur from the Court of Appeals or Supreme Court affirming the conviction is made the judgment of the sentencing court, whichever occurs last. The application shall be filed with the clerk of the superior court in which the sentence was imposed. Upon the filing of an application the clerk shall transmit the same to the three-judge panel created under this Code section within ten days of the date on which the application was filed. For such service, the clerk shall receive the fees prescribed in Code Section 15-6-77 from the funds of the county, except where the clerk is on a salary. It shall be the duty of the judge imposing the sentence and any probation officer to transmit, within ten days of the filing of an application for review

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of a sentence, a copy of any presentence or postsentence report prepared by the probation officer, including the record of the defendant, to the three-judge panel. (b) For the purpose of reviewing sentences, as provided by this Code section, there is created a panel of three superior court judges, to be appointed by the superior court judge then serving as president of The Council of Superior Court Judges of Georgia. Judges so appointed shall serve for a term of three months and until their successors are duly appointed and qualified. Judges so appointed shall receive their actual expenses incurred in the performance of their duties on the panel but shall receive no additional compensation. The expenses shall be paid from funds appropriated to, or otherwise available to, the judicial branch of state government. The panel shall be furnished offices, supplies, materials, and secretarial assistance required for the performance of their duties by the state. The panel shall meet at the state capital at such times as may be required for the review of sentences, provided that all applications for review of sentences shall be heard within three months from the date on which they are filed. No judge appointed to a panel shall review a sentence which he has imposed on the trial of the case in the superior court or participate in any such review. If such a case is brought before the panel, the president of The Council of Superior Court Judges of Georgia shall have the authority to appoint an additional superior court judge as a member of the panel for the review of the case. (c) The three-judge panel provided for by this Code section shall have the authority to review sentences upon application of the defendants in such cases. In the review of the sentences the defendant and the district attorney shall have the right to present written argument relative to the sentence imposed and the harshness or justification thereof. If, in the opinion of the panel, the sentence imposed by the trial judge is too harsh or severe in light of all of the circumstances surrounding the case and the defendant, and in light of the defendant's past history, the panel shall have the authority to issue an order reducing the sentence originally imposed by the trial judge. The panel shall not have the authority, however, to reduce any sentence to probation or to suspend any sentence. The panel shall not be required to file written opinions but shall file a copy of any order or remittitur reducing a sentence with the superior court which originally imposed the sentence. (d) The reduction of a sentence or the refusal to reduce a sentence by the panel shall not be reviewable. The provisions for review of sentences provided by this Code section shall not be deemed to affect the right to appeal or any practices, procedures, or time limitations relative to appeals to appellate courts. A defendant shall not have the right to file more than one application for a review of a sentence, and any order issued by the panel reducing or refusing to reduce any sentence covered by an application shall be binding on the defendant and the superior court which imposed the sentence. (e) This Code section shall not apply to cases in which the death penalty is imposed. (f) This Code section shall not apply to sentences imposed in misdemeanor cases or cases in which a life sentence is imposed for murder Reserved."

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SECTION 3. Said title is further amended by adding a new Code section to read as follows:
"17-10-6.3. (a) As used in this Code section, the term 'three-judge panel' means the three-judge panel that was created and existed pursuant to the former provisions of Code Section 17-10-6 as it existed on June 30, 2007, which reviewed certain sentences to determine if a sentence was excessively harsh and what relief, if any, should be given. (b) The right of a defendant to have a sentence reviewed by a three-judge panel shall be terminated for sentences imposed by a trial or appellate court on or after July 1, 2007. No new application for review of a sentence shall be transmitted to the threejudge panel on or after July 1, 2007, except for cases in which a sentence was imposed prior to July 1, 2007. (c) No new application for review of a sentence shall be accepted by the three-judge panel unless such application has been received by the three-judge panel on or before September 1, 2007. Any sentence that has an application for review with the threejudge panel pending on September 1, 2007, shall have such review completed by the three-judge panel by November 1, 2008. (d) It shall be the duty of the president of The Council of Superior Court Judges of Georgia to cause all administrative measures which may be necessary to conclude the business of the three-judge panel to be completed no later than January 1, 2009. Such administrative, clerical, or secretarial personnel as may be assigned to provide support for the three-judge panel may continue to be employed for the purpose of providing support to the president of The Council of Superior Court Judges of Georgia until January 1, 2009. (e) No later than January 1, 2009, all records and documents relating to the activities of the three-judge panels during the period July 1, 1974, through November 1, 2008, shall be transmitted to the Department of Archives and History for retention in accordance with Article 5 of Chapter 18 of Title 50, the 'Georgia Records Act.' All equipment, supplies, and materials which the president of The Council of Superior Court Judges of Georgia determines are excess or surplus shall be distributed by the president to the judges of the superior courts for use in the performance of their official duties. Any fees or expenses due to any clerk, superior court judge, or other person as a result of the three-judge panel shall be paid out of such funds as are appropriated for the operation of the superior courts during fiscal year 2009."

SECTION 4. Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to superior court fees, is amended by revising paragraph (5) of subsection (h) as follows:

"(5) Preparation and transmission of documents to superior court

sentence review panel in accordance with Code Section 17-10-6,

first copy, per page

1.50

Subsequent copies, per page

.50 Reserved."

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SECTION 5. This Act shall become effective on July 1, 2007, and shall apply to all trials which occur on or after July 1, 2007.

SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Fleming of the 117th moved that the House agree to the Senate substitute to HB 197.

On the motion, the roll call was ordered and the vote was as follows:

N Abdul-Salaam N Abrams Y Amerson N Ashe
Barnard Bearden N Beasley-Teague N Benfield Y Benton N Black Y Bridges N Brooks N Bruce N Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd N Carter, A Y Carter, B Y Casas Y Chambers Y Channell Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Crawford, M Crawford, R N Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson
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 N Frazier Y Freeman N Gardner Y Geisinger N Glanton Y Golick N Gordon Y Graves N Greene Y Hamilton
Hanner E Harbin N Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A E Holmes

Y Holt Y Horne N Houston N Howard N Hudson N Hugley N Jackson Y Jacobs N James N Jamieson N Jenkins Y Jerguson N Johnson, C N Johnson, T Y Jones, J N Jones, S
Jordan N Kaiser Y Keen Y Keown Y Knight N Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey N Lord Y Loudermilk N Lucas
Lunsford Y Maddox N Mangham E Manning N Marin

Y Martin E Maxwell Y May
McCall McKillip Y Meadows Y Millar Y Mills N Mitchell E Morgan Y Morris N Mosby N Mumford N Murphy Y Neal Y Nix N Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake N Porter N Powell Y Pruett Y Ralston N Randall N Reece Y Reese Y Rice Y Roberts N Rogers Y Royal N Rynders N Sailor Y Scott, A

Y Scott, M Y Sellier Y Setzler N Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner E Starr Y Stephens N Stephenson Y Talton N Teilhet
Thomas, A.M N Thomas, B Y Tumlin Y Walker N Watson Y Wilkinson
Willard N Williams, A N Williams, E Y Williams, M Y Williams, R N Wix Y Yates
Richardson, Speaker

On the motion, the ayes were 92, nays 68.

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3681

The motion prevailed.

Representative Benfield of the 85th moved that the House reconsider its action in agreeing to the Senate substitute to HB 197.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams N Amerson Y Ashe
Barnard N Bearden Y Beasley-Teague Y Benfield N Benton Y Black N Bridges Y Brooks Y Bruce Y Bryant Y Buckner N Burkhalter N Burns N Butler N Byrd Y Carter, A N Carter, B N Casas N Chambers N Channell Y Cheokas N Coan N Cole N Coleman N Collins N Cooper N Cox
Crawford, M Crawford, R Y Davis, H N Davis, S N Day

N Dempsey N Dickson 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 Y Frazier N Freeman Y Gardner N Geisinger Y Glanton N Golick Y Gordon N Graves Y Greene N Hamilton Y Hanner E Harbin Y Hatfield N Heard, J Y Heard, K Y Heckstall N Hembree Y Henson N Hill, C N Hill, C.A E Holmes

N Holt N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson N Jacobs Y James Y Jamieson Y Jenkins N Jerguson Y Johnson, C Y Johnson, T N Jones, J Y Jones, S
Jordan Y Kaiser N Keen N Keown N Knight N Knox N Lakly N Lane, B Y Lane, R Y Levitas N Lewis N Lindsey Y Lord N Loudermilk Y Lucas N Lunsford N Maddox Y Mangham E Manning Y Marin

N Martin E Maxwell N May
McCall McKillip N Meadows N Millar N Mills Y Mitchell E Morgan N Morris Y Mosby Y Mumford Y Murphy N Neal N Nix Y Oliver N O'Neal N Parham N Parrish N Parsons N Peake Y Porter Y Powell N Pruett N Ralston Y Randall Y Reece N Reese N Rice N Roberts Y Rogers N Royal N Rynders Y Sailor N Scott, A

N Scott, M N Sellier N Setzler Y Shaw N Sheldon Y Shipp N Sims, B N Sims, C Y Sims, F Y Sinkfield N Smith, B N Smith, L N Smith, R N Smith, T N Smith, V Y Smyre Y Stanley-Turner E Starr N Stephens Y Stephenson N Talton Y Teilhet Y Thomas, A.M Y Thomas, B N Tumlin N Walker Y Watson N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, M N Williams, R Y Wix N Yates
Richardson, Speaker

On the motion, the ayes were 71, nays 96.

The motion was lost.

HB 131. By Representatives Horne of the 71st and Forster of the 3rd:

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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 Senate substitute was read:
A BILL
To amend Subpart 10A of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia HERO (Helping Educate Reservists and their Offspring) Scholarship, so as to provide that surviving spouses shall be eligible students; to provide limitations on the time periods when such scholarship funds shall be available; 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 10A of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia HERO (Helping Educate Reservists and their Offspring) Scholarship, is amended by revising paragraph (2) of 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, as follows:
"(2) 'Eligible student' means a person who: (A)(i) Is enrolled as a full-time or part-time student in an approved school; (ii) Meets residency requirements to be classified as a legal resident of Georgia as established pursuant to regulations of the authority and who remains a citizen of the state while receiving funds under this subpart; and (iii) Is a member of the Georgia National Guard as such term is defined in Code Section 38-2-3 or a member of a reserve component of the armed forces of the United States, which member has completed at least one qualifying term of service; or
(B) Is a child: (i) Whose parent was a member of the Georgia National Guard as such term is defined in Code Section 38-2-3 or a member of a reserve component of the armed forces of the United States, including a deceased member, which member completed at least one qualifying term of service; (ii) Who was born prior to such qualifying term of service or within nine months of the beginning of such qualifying term of service; and (iii) Is 25 years of age or younger who is enrolled as a full-time or part-time student in an approved school;

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(C) Is a surviving spouse of a deceased member of the Georgia National Guard as such term is defined in Code Section 38-2-3 who was killed in a combat zone or as a result of injuries received in a combat zone, which member completed at least one qualifying term of service; or (D) Is a surviving spouse of a deceased member of a reserve component of the armed forces of the United States who was killed in a combat zone or as a result of injuries received in a combat zone, which member completed at least one qualifying term of service."
SECTION 2. Said subpart is further amended by revising Code Section 20-3-486, relating to grants to eligible students, as follows:
"20-3-486. (a) There is granted to each eligible student under subparagraph (A) of paragraph (2) of Code Section 20-3-485 attending an approved school a Georgia HERO Scholarship grant for a maximum of four award years in the sum of $2,000.00 per award year. No person shall be eligible to receive grant assistance provided under this subsection in excess of $8,000.00. (b) There is granted to each eligible student under subparagraph (B) of paragraph (2) of Code Section 20-3-485 attending an approved school a Georgia HERO Scholarship grant in the sum of $2,000.00 per award year. Such student shall be eligible for one award year for each period of 181 consecutive days that his or her parent was deployed overseas on active service on or after May 3, 2005, to a location or locations outside of the United States and its territories designated by the United States Department of Defense as a combat zone; provided, however, that a student whose parent was killed or received a 100 percent disability as a result of injuries received in such combat zone shall receive up to a maximum of four award years regardless of the time such student's parent was on active service in such combat zone. No person shall be eligible to receive grant assistance provided under this subsection in excess of $8,000.00. (c) There is granted to each eligible student under subparagraph (C) or (D) of paragraph (2) of Code Section 20-3-485 attending an approved school a Georgia HERO Scholarship grant in the sum of $2,000.00 per award year. Such student shall be eligible for four award years. No person shall be eligible to receive grant assistance provided under this subsection in excess of $8,000.00. Applications for the initial grant under this subsection must be made before July 1, 2009, or not later than two years following the death of the spouse, whichever is later, and no grant shall be issued later than six years after the initial grant is issued. (c) (d) Grant assistance to eligible students under this subpart shall be payable on a pro rata basis based upon whether the student is enrolled full time or part time and the number of semesters or quarters of enrollment. The payment of grants to eligible students under this subpart shall be contingent upon the appropriation of funds by the General Assembly for the purposes of this subpart in annual appropriations Acts of the General Assembly."

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Horne of the 71st moved that the House agree to the Senate substitute to HB 131.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe
Barnard Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell
Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox
Crawford, M Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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
Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton
Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Hatfield Y Heard, J
Heard, K Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A E Holmes

Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S
Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord
Loudermilk Y Lucas Y Lunsford Y Maddox
Mangham E Manning Y Marin

Martin E Maxwell Y May
McCall McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Scott, A

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon
Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner E Starr
Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker

On the motion, the ayes were 149, nays 0.

The motion prevailed.

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3685

Due to a mechanical malfunction, the vote of Representative Cooper of the 41st was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.
HB 136. By Representatives Coan of the 101st, Shaw of the 176th, O`Neal of the 146th, Rogers of the 26th, Millar of the 79th and others:
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.
The following Senate substitute was read:
A BILL
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 which imposes certain taxes or fees on an insurance company for certain services shall be deemed to be contrary to public policy and unenforceable; to provide that any provision of a contract of insurance which provides for indemnification against liability for damages arising out of bodily injury to persons, death, or damage to property caused by an indemnitee or its, his, or her officers, agents, or employees 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 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. Code Section 13-8-2 of the Official Code of Georgia Annotated, relating to contracts contravening public policy generally, is amended as follows:
"(a) A contract which is against the policy of the law cannot be enforced. Contracts deemed contrary to public policy include but are not limited to:
(1) Contracts tending to corrupt legislation or the judiciary; (2) Contracts in general restraint of trade, as distinguished from contracts in partial restraint of trade as provided for in Code Section 13-8-2.1;

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(3) Contracts to evade or oppose the revenue laws of another country; (4) Wagering contracts; (5) Contracts of maintenance or champerty; or (6) Contracts, express or implied, which impose additional taxes or any other fees of any kind on an insurance company for any services provided by a county or municipal corporation to such insurance company's insured which is in addition to the tax authorized by subsection (a) of Code Section 33-8-8.2. (b) A covenant, promise, agreement, or understanding in or in connection with or collateral to a contract or agreement relative to the construction, alteration, repair, or maintenance of a building structure, appurtenances, and appliances, including moving, demolition, and excavating connected therewith, purporting to require that one party to such contract or agreement shall indemnify, or hold harmless, insure, or defend the other party to the contract or other named the promisee indemnitee, including its, his, or her officers, agents, or employees, against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the promisee indemnitee, or its, his, or her officers, agents, or employees, or indemnitee is against public policy and is void and unenforceable, provided that this subsection shall not affect the validity of any insurance contract, workers compensation, or agreement issued by an admitted insurer. Any provision in an insurance contract issued pursuant to any such covenant, promise, agreement, or understanding to insure against any such liability or claims is, to that extent, against public policy and void and unenforceable. This subsection shall not affect any obligation under workers compensation or coverage or insurance specifically relating to workers compensation, nor shall this subsection apply to any requirement that one party to the contract purchase a project specific insurance policy, including an owner's or contractor's protective insurance, builder's risk insurance, installation coverage, project management protective liability insurance, an owner controlled insurance policy, or a contractor controlled insurance policy."
SECTION 2. This Act shall not be applied to impair any obligation of contract or agreement entered into prior to the effective date of this Act, but this Act shall apply to any contract entered into, extended, or renewed on or after such date.
SECTION 3. This Act shall become effective on July 1, 2007.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:

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Representatives Willard of the 49th and Coan of the 101st move to amend the Senate Substitute to HB 136 (HB136/SCSFA/1) by striking "of insurance" on line 5 of page 1.

By inserting "or" after "contracts;" on line 22 of page 1.

By replacing "; or" with "." on line 23 of page 1.

By striking line 24 on page 1 through line 2 on page 2.

By striking "Any" on line 14 of page 2.

By striking lines 15 through 17 of page 2 and inserting in lieu thereof the following:

This subsection shall not affect any.

Representative Coan of the 101st moved that the House agree to the Senate substitute, as amended by the House, to HB 136.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant
Buckner Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Cole Y Coleman Y Collins Y Cooper

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton
Golick Y Gordon E Graves Y Greene Y Hamilton Y Hanner E Harbin Y Hatfield Y Heard, J
Heard, K

Y Holt Y Horne
Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins
Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S
Jordan Y Kaiser Y Keen Y Keown Y Knight
Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk

Y Martin E Maxwell
May McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy E Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Porter Y Powell Y Pruett Y Ralston E Randall Y Reece Y Reese Y Rice

Y Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner E Starr Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A

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Y Cox Crawford, M Crawford, R Davis, H
Y Davis, S Y Day

Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A E Holmes

Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Roberts Rogers
Y Royal Y Rynders Y Sailor
Scott, A

Y Williams, E Y Williams, M Y Williams, R Y Wix
Yates Richardson, Speaker

On the motion, the ayes were 145, nays 1.

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 bills of the House:

HB 181. By Representatives Jacobs of the 80th, Millar of the 79th, Chambers of the 81st, Levitas of the 82nd, Oliver of the 83rd and others:

A BILL to be entitled an Act to amend Chapter 75 of Title 36 of the Official Code of Georgia Annotated, relating to war on terrorism local assistance, so as to provide for limitations with respect to the creation, activation, and activities of public safety and judicial facilities authorities and joint public safety and judicial facilities authorities; to provide for legislative intent; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 586. By Representatives Ralston of the 7th and Fleming of the 117th:

A BILL to be entitled an Act to amend Code Section 17-12-127 of the Official Code of Georgia Annotated, relating to representation and appointment of alternative attorneys, so as to change matters relating to appointment of counsel and attorneys fees in capital cases; 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 626. By Representatives Graves of the 12th, Rynders of the 152nd, Lunsford of the 110th, Cooper of the 41st and Peake of the 137th:

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A BILL to be entitled an Act to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, acupuncture, physician's assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice, so as to provide for a maximum number of continuing education hours that retired physicians providing uncompensated health care services shall be required to complete; 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 128. By Senators Carter of the 13th and Rogers of the 21st:

A BILL to be entitled an Act to amend Article 5 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the Office of the Child Advocate for the Protection of Children, so as to provide for confidentiality of records held by the Office of the Child Advocate for the Protection of Children; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The Committee substitute was previously read.

The amendment by Representative Oliver of the 83rd, having previously been read, was withdrawn.

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming

Y Holt Y Horne Y Houston
Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson

Y Martin E Maxwell Y May
McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan

Y Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield

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Y Bridges Y Brooks Y Bruce Y Bryant
Buckner Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Cheokas Y Coan Cole Y Coleman Y Collins Y Cooper Y Cox Crawford, M Crawford, R Y Davis, H Y Davis, S Y Day

Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Hatfield Y Heard, J
Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A E Holmes

Y Jenkins Jerguson
Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser
Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Morris Y Mosby Y Mumford Y Murphy E Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor
Scott, A

Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner E Starr Y Stephens
Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix
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.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 325. By Representative Hatfield of the 177th:

A BILL to be entitled an Act to amend an Act creating the Waycross and Ware County Industrial Development Authority, approved March 7, 1955 (Ga. L. 1955, p. 2840), as amended, so as to change certain provisions relating to issuance of revenue bonds by the authority; to repeal conflicting laws; and for other purposes.

The following Senate substitute was read:

A BILL

To amend an Act creating the Waycross and Ware County Industrial Development

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Authority, approved March 7, 1955 (Ga. L. 1955, p. 2840), as amended, so as to change certain provisions relating to issuance of revenue bonds by the authority; to provide for construction; 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 Waycross and Ware County Industrial Development Authority, approved March 7, 1955 (Ga. L. 1955, p. 2840), as amended, is amended by revising subsection (l) of Section 6 as follows:
"(l) To issue revenue bonds for the purpose of paying all or any part of the cost of any project of the authority. Such revenue bonds shall be issued in accordance with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the 'Revenue Bond Law'; provided, however, that as a precondition to the authority availing itself of any procedures or powers under the Revenue Bond Law for purposes of an undertaking that is a landfill as defined by Code Section 12-8-22 of the O.C.G.A., such proposal shall be subject to approval by a majority of the qualified voters of Ware County voting upon the question in a referendum held and conducted in the same manner and subject to the same procedures as required by Code Sections 36-82-1 and 36-82-2 of the O.C.G.A. for approval of bonded debt of political subdivisions, and, absent such approval, such procedures or powers shall not be initiated or exercised."

SECTION 2. This Act shall not be applied to impair an obligation of any valid contract entered into prior to the effective date of this Act.

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Hatfield of the 177th moved that the House agree to the Senate substitute to HB 325.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard

Y Dempsey Y Dickson
Dollar Y Drenner Y Dukes

Y Holt Y Horne Y Houston
Howard Y Hudson

Y Martin E Maxwell Y May
McCall Y McKillip

Y Scott, M Y Sellier Y Setzler Y Shaw
Sheldon

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Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant Y Buckner
Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B
Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper
Cox Crawford, M Crawford, R Davis, H Y Davis, S Y Day

Y Ehrhart Y England Y Epps
Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster
Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton
Golick Y Gordon Y Graves Y Greene Y Hamilton 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 E Holmes

Y Hugley Y Jackson Y Jacobs Y James Y Jamieson
Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S
Jordan Y Kaiser Y Keen Y Keown Y Knight
Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis
Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox
Mangham E Manning Y Marin

Y Meadows Y Millar
Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy E Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake
Porter Y Powell Y Pruett Y Ralston E Randall Y Reece Y Reese Y Rice Y Roberts
Rogers Y Royal Y Rynders Y Sailor
Scott, A

Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner E Starr Y Stephens
Stephenson Talton Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Yates Richardson, Speaker

On the motion, the ayes were 142, nays 0.

The motion prevailed.

Representatives Cox of the 102nd, Jenkins of the 8th and Lindsey of the 54th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

By unanimous consent, SB 15 was postponed until the next legislative day.

By unanimous consent, SB 84 was postponed until the next legislative day.

By unanimous consent, SB 149 having been previously postponed, was again postponed until the next legislative day.

The following message was received from the Senate through Mr. Ewing, the Secretary thereof:

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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 98. By Senators Hamrick of the 30th, Mullis of the 53rd, Thomas of the 54th, Heath of the 31st, Staton of the 18th and others:
A BILL to be entitled an Act to amend Titles 16 and 35 of the Official Code of Georgia Annotated, relating to crimes and offenses and law enforcement officers and agencies, respectively, so as to provide the Georgia Bureau of Investigation with the authority to investigate certain offenses against minors, including subpoena power; to change provisions relating to the "Computer Pornography and Child Exploitation Act of 1999"; to provide for a definition; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Hamrick of the 30th, Cowsert of the 46th, and Mullis of the 53rd.
The Senate has disagreed to the House substitute to the following bill of the Senate:
SB 205. By Senators Thomas of the 54th, Balfour of the 9th, Henson of the 41st, Wiles of the 37th, Unterman of the 45th 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 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.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 147. By Representatives Mills of the 25th, Sheldon of the 105th, Fleming of the 117th, Coan of the 101st, Ralston of the 7th and others:
A BILL to be entitled an Act to provide a short title; to provide for legislative findings and purpose; to amend Chapter 9A of Title 31 of the O.C.G.A.,

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relating to the "Woman's Right to Know Act," so as to require physicians or other qualified agents to require that pregnant females undergo an ultrasound or sonogram prior to having an abortion; to change certain provisions relating to voluntary and informed consent to abortions; to require certain information be made available by the Department of Human Resources; to change certain provisions relating to reporting requirements; to provide for civil causes of action; to amend Article 5 of Chapter 12 of Title 16 of the O.C.G.A., relating to abortion, to provide for criminal penalties for failure to comply with the "Woman's Right to Know Act"; to provide for construction; to provide for intervention; to provide for severability; to provide for an effective date; 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: Williams of the 19th, Schaefer of the 50th, and Pearson of the 51st.
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 314. By Representatives Neal of the 1st, Ralston of the 7th, Day of the 163rd, Coan of the 101st, Fleming of the 117th and others:
A BILL to be entitled an Act to amend Code Section 24-4-60 of the Official Code of Georgia Annotated, relating to requirement for DNA analysis of blood of persons convicted of certain sex offenses or convicted of a felony and incarcerated in a state correctional facility, so as to provide for DNA analysis of persons convicted of certain felonies and sexual offenses who are placed on probation; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 354. By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend Titles 36 and 48 of the Official Code of Georgia Annotated, relating, respectively, to local government and revenue and taxation, so as to establish procedures and due dates for notification of homeowner tax relief grants; to provide for recording of tax executions; to change certain income requirements for taxpayers 62 years of age or older seeking a homestead exemption for school tax purposes; to change certain provisions regarding the transmission of resolutions setting the terms of members of boards of tax assessors; to provide for additional return filing requirements for public utilities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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HB 380. By Representatives Hill of the 21st, Scott of the 2nd, Stephens of the 164th, Parsons of the 42nd, Knight of the 126th and others:
A BILL to be entitled an Act to amend Code Section 48-3-3 of the Official Code of Georgia Annotated, relating to tax execution by tax collectors and tax commissioners, so as to change certain provisions regarding the mailing of bills or notices; to repeal conflicting laws; and for other purposes.
HB 391. By Representatives Rogers of the 26th, Parham of the 141st, Knox of the 24th, Heard of the 114th, Loudermilk of the 14th and others:
A BILL to be entitled an Act to amend Code Section 43-8B-5 of the Official Code of Georgia Annotated, relating to the State Board of Cemeterians and the number, terms, appointments, vacancies, and removal of members, so as to change certain provisions relating to qualifications of board members; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 463. By Representatives McCall of the 30th, Powell of the 29th, Burns of the 157th, Roberts of the 154th, Lunsford of the 110th and others:
A BILL to be entitled an Act to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, so as to change certain provisions relating to exemptions from said chapter; to change certain provisions relating to education and training requirements relative to said chapter, required programs, instructor qualifications, and expiration of certification; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 486. By Representative Willard of the 49th:
A BILL to be entitled an Act to amend Code Section 48-5-359.1 of the Official Code of Georgia Annotated, relating to contracts with the county tax commissioner to assess and collect municipal taxes and prepare the tax digest, so as to change certain provisions regarding compensation to be paid to the tax commissioner for additional duties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 419. By Representatives Floyd of the 147th, Rice of the 51st, Powell of the 29th and Bearden of the 68th:
A BILL to be entitled an Act to amend Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to commercial drivers licenses, so as to provide for definitions of certain terms; to change provisions relating

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to issuance of commercial drivers licenses and permits; to provide for expiration of commercial drivers licenses; to provide for disqualifications, revocations, and suspensions of commercial drivers licenses; to provide penalties for violations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Speaker Pro Tem assumed the Chair.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 82.

By Senators Weber of the 40th, Johnson of the 1st, Shafer of the 48th and Williams of the 19th:

A BILL to be entitled an Act to incorporate the City of Dunwoody in DeKalb County; to provide for a charter for the City of Dunwoody; 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 codes; to provide effective dates and transitional provisions governing the transfer of various functions and responsibilities from DeKalb County to the City of Dunwoody; 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 Dunwoody in DeKalb County; to provide for a charter for the City of Dunwoody; 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 codes; to provide for a charter commission; 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

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procedures; to provide for ethics and disclosures; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for homestead exemptions; to provide for bonds for officials; to provide for other matters relative to the foregoing; to provide for a referendum; to provide effective dates and transitional provisions governing the transfer of various functions and responsibilities from DeKalb County to the City of Dunwoody; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I CREATION, INCORPORATION, POWERS
SECTION 1.01. Incorporation.
This Act shall constitute the charter of the City of Dunwoody, Georgia. The City of Dunwoody, Georgia, in the County of DeKalb, and the inhabitants thereof, are constituted and declared a body politic and corporate under the same name and style of the "City of Dunwoody" 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 Dunwoody shall be those set forth and described in Appendix A of this charter, and said Appendix A is incorporated into and made a part of this charter. The city clerk shall maintain a current map and written legal description of the corporate boundaries of the city, and such map and description shall incorporate any changes which may hereafter be made in such corporate boundaries.
SECTION 1.03. Powers and construction.
(a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this Act. This city shall have all the powers of selfgovernment not otherwise prohibited by this Act or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any

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way the powers of this city. These powers shall include, but not be limited to, the following:
(1) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades to the extent permitted by general law; (4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation.
(A) To condemn property inside the corporate limits of the city for present or future use and for any public 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; (B) The municipality shall have the right to condemn and cause to be remediated or removed any building, structure, or existing condition within its corporate limits that is dangerous to life, limb, or property, by reasons of decay, dilapidation, or unsanitary condition. Nothing in this subparagraph shall be construed to relieve the municipality of any duty to give owners or interested persons reasonable notice and opportunity to remedy the situation. Nothing in this subparagraph shall be construed as relieving the municipality of liability to any interested person for damages to person or property taken or destroyed in furtherance of this subparagraph. This subparagraph shall not be construed as authorizing the doing of any act or thing contrary to the Constitution of this state and the policy of the general laws of this state. The municipality shall have authority to adopt reasonable ordinances and resolutions for the purpose of carrying out this subparagraph; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city, and to make and carry out all

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reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the city, the region, and the state through the enactment of ordinances that preserve and improve air quality, restore and maintain water resources, the control of erosion and sedimentation, manage storm water and establish a storm-water utility, manage solid and hazardous waste, and provide other necessary or beneficial actions for the protection of the environment. These ordinances shall include, without limitation, ordinances that protect, maintain, and enhance the public health, safety, environment and general welfare and minimize public and private losses due to flood conditions in flood hazard areas, as well as protect the beneficial uses of floodplain areas for water quality protection, stream bank and stream corridor protection, wetlands preservation and ecological and environmental protection. Such ordinances may: require that users vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; restrict or prohibit uses which are dangerous to health, safety, and property due to flooding or erosion hazards, or which increase flood heights, velocities, or erosion; control filling, grading, dredging and other development which may increase flood damage or erosion; prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands; limit the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; and protect the storm-water management, water quality, stream bank protection, stream corridor protection, wetland preservation and ecological functions of natural floodplain areas; (9) Ethics. To adopt ethics ordinances and regulations governing such things as, but not limited to, the conduct of municipal elected officials, appointed officials, contractors, vendors 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, taxes, or fees; (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;

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(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) Homestead Exemption. To establish and maintain procedures for offering homestead exemptions to residents of the city and maintaining current homestead exemptions of residents of the city as authorized by Act of the General Assembly; (16) 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; (17) 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; (18) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices not specified in this charter, commissions, authorities, 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; (19) 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; (20) 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; (21) 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; (22) 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, gasworks, electricity generating 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; (23) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (24) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia;

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(25) Planning and zoning. To provide comprehensive city planning for city land use, signage and outside advertising, and development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; (26) 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; (27) Public hazards; removal. To provide for the destruction and removal of any building or other structure that is or may become dangerous or detrimental to the public; (28) Public improvements. To provide for the acquisition, construction, building, operation, maintenance, or abolition of public ways, parks and playgrounds, recreational facilities, cemeteries, public buildings, libraries, public housing, parking facilities, and charitable, cultural, educational, recreational, conservation, sport, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements inside 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; (29) Public peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances; (30) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (31) 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; (32) 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; (33) Employee benefits. To provide and maintain a retirement plan, insurance, and such other employee benefits for appointed officers and employees of the city, as are determined by the city council; (34) 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

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safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (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, subject to referendum; (37) Taxes; ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; provided, however, that:
(A) The millage rate imposed for ad valorem taxes on real property shall not exceed 3.04 unless a higher limit is recommended by resolution of the city council and approved by a majority of the qualified voters of the City of Dunwoody voting on the issue; (B) For all years, the fair market value of all property subject to taxation shall be determined according to the tax digest of DeKalb County, as provided in Code Section 48-5-352 of the O.C.G.A.; and (38) Taxes: other. To levy and collect such other taxes and fees 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; to inspect said vehicles and mandate standards of safety and cleanliness; and to regulate the parking of such vehicles; (40) Tourism, Conventions, and Trade Shows. To provide for the structure, operation, or management of the Dunwoody Convention and Visitors Bureau created pursuant to Section 1.05 of this charter and to authorize the City of Dunwoody to contract with private sector nonprofit organizations or other governmental agencies to promote tourism, conventions, and trade shows. (41) Urban redevelopment. To organize and operate an urban redevelopment program; and (42) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and any listing of particular powers in this charter shall not be held to be exclusive of others or restrictive of general words and phrases granting powers,

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but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
SECTION 1.04. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this Act. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
SECTION 1.05. Tourism, conventions, and trade shows.
The Dunwoody Convention and Visitors Bureau is hereby created.
ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS,
AND LEGISLATIVE BRANCH SECTION 2.01.
City council creation; number; election.
(a) The legislative authority of the government of the City of Dunwoody, except as otherwise specifically provided in this Act, shall be vested in a city council of which the mayor shall be a voting member.
(b)(1) The city council of Dunwoody, Georgia shall consist of six members, plus the mayor. (2) There shall be three council districts, designated Council Districts 1 through 3, as described in Appendix B of this Act, which is attached to and made a part of this charter of the City of Dunwoody. (3) One councilmember shall be elected from each of the three council districts and shall hold Council Posts 1, 2, and 3, respectively. Each person desiring to offer as a candidate for councilmember for such posts shall designate the council post for which he or she is offering. Councilmembers for such posts shall be elected by a majority vote of the qualified electors of the respective council districts voting at the elections of the city. In the event that no candidate for a council post obtains a majority vote of the qualified electors of the council district voting in the election, then a run-off election shall be held. The candidates receiving the two highest numbers of votes in the election for such council post will be included in the run-off election. The person receiving the highest number of votes of the qualified electors of the council district voting at such run-off election shall be elected. Each candidate for election to the city council must reside in the district he or she seeks to represent.

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(4) Three councilmembers shall be elected from the city at large and shall represent Council Posts 4, 5, and 6. Candidates offering for election to Council Post 4 shall reside in Council District 1, candidates offering for election to Council Post 5 shall reside in Council District 2, and candidates offering for election to Council Post 6 shall reside in Council District 3. Each person desiring to offer as a candidate for councilmember for such posts shall designate the council post for which he or she is offering. Councilmembers for such posts shall be elected by a majority vote of the qualified electors of the entire city voting at the elections of the city. In the event that no candidate for a council post obtains a majority vote of the qualified electors of the entire city voting in the election, then a run-off election shall be held. The candidates receiving the two highest numbers of votes in the election for such council post will be included in the run-off election. The person receiving the highest number of votes of the qualified electors of the city voting at such run-off election shall be elected. (c) With the exception of the initial terms set forth in subsection (d) of this section, councilmembers shall be elected to terms of four years and until their successors are elected and qualified on a staggered basis in alternate election cycles such that every two years three councilmembers are up for election. (d) In order to assure staggered elections of the councilmembers, in the first election of the city council the terms for the candidates elected for Council Posts 1, 2, and 3 shall expire upon the administration of the oath of office to their successors elected in the regular elections held in November 2009 as provided in subsection (b) of Section 2.02. The terms for the candidates elected for Council Posts 4, 5, and 6 shall expire upon the administration of the oath of office to their successors elected in the regular elections held in November 2011 as provided in subsection (b) of Section 2.02. Thereafter, a successor to each councilmember shall be elected at the November election immediately preceding the end of such councilmember's term of office and the term of each councilmember shall expire upon the administration of the oath of office to his or her successor. (e) With the exception of the initial term of office, a mayor of the City of Dunwoody, with the powers and duties specified herein, shall be elected to a term of four years and until his or her successor is elected and qualified. 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. In the event that no candidate for mayor obtains a majority vote of the qualified electors of the city at large voting at the elections of the city, then a run-off election shall be held. The candidates receiving the two highest numbers of votes in the election shall be included in the run-off election and the candidate receiving the highest number of votes in the runoff of the qualified electors of the city at large voting at such runoff shall be elected. The term of the first elected mayor shall expire upon the administration of the oath of office to his or her successor elected in the regular election held in November, 2011, as provided in subsection (b) of Section 2.02. Thereafter, a successor to each mayor shall be elected at the November election immediately preceding the end of such mayor's term of office and the term of each mayor shall expire upon the administration of the oath of office to his or her successor.

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SECTION 2.02. Mayor and councilmembers; terms and qualifications for office.
(a) For all elections subsequent to the first election, the mayor and councilmembers shall serve for terms of four years and until their terms shall expire upon the administration of the oath of office to their successors. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the City of Dunwoody 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 Dunwoody. 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) An election shall be held on the third Tuesday in September, 2008, to elect the first mayor and city council. At such election, the first mayor and council shall be elected to serve for the initial terms of office specified in Sections 2.01(d) and 2.01(e). 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 2009. (c) The number of successive terms an individual may hold a position as a councilmember shall be unlimited. (d) The number of successive terms an individual may hold the position of Mayor shall be limited to two terms. An individual who serves as mayor for either one term or two consecutive terms, may stand for subsequent elections provided the individual is not the mayor at time of such elections.
SECTION 2.03. Vacancy; filling of vacancies; suspensions.
(a) Elected officials of the city cannot hold other elected or public offices. The elected offices of the city's government will become vacant upon the member's death, resignation, removal, or forfeiture of office. The following shall result in an elected city official forfeiting his or her office:
(1) Violating the provisions of this charter; (2) Being convicted of, or pleading guilty or "no contest" to, a felony or a crime of moral turpitude; or (3) Failing to attend one-third of the regular meetings of the council in a three-month period without being excused by the council. (b) The office of mayor 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 shall be filled for the remainder of the unexpired term by a special election if such vacancy occurs 12

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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. (c) The office of a 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 a 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 mayor shall appoint a successor for the remainder of the term subject to the approval of the city council or those members remaining. This provision shall also apply to a temporary vacancy created by the suspension from office of a 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 votes.
The candidates for mayor and city council who receive a majority vote of the qualified electors of the city at large voting at the elections of the city shall be elected to a term of office.
SECTION 2.06. Applicability of general laws; qualifying; other provisions.
All elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended or otherwise provided by law. 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 or otherwise provided by law.
SECTION 2.07. Compensation and expenses.
The annual salary of the mayor shall be $16,000.00 and the annual salary for each

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councilmember shall be $12,000.00. Such salaries shall be paid from municipal funds in monthly installments. The mayor shall be provided an annual expense allowance of $5,000.00 and each councilmember shall be provided an annual expense allowance of $3,000.00 for the reimbursement of expenses actually and necessarily incurred by the mayor and councilmembers in carrying out their duties as elected officials of the city.
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, oath of office, 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 collectively 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 Dunwoody, and will to the best of my ability support and defend the Constitution of the United States, the Constitution of Georgia, and the charter, ordinances, and regulations of the City of Dunwoody. 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 Dunwoody for the time required by the Constitution and laws of this state and by the municipal charter. I will perform the duties of my office in the best interests of the City of Dunwoody 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 two years and until a successor is elected and qualified. The number of successive terms an individual may hold a position as mayor pro tempore shall be unlimited. (c) The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's temporary disability, suspension, or absence. If the mayor pro tempore is absent

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because of sickness or disqualification, any one of the remaining councilmembers, chosen by the councilmembers present, shall be clothed with all the rights and privileges of the mayor as described herein and shall perform the mayor's duties in the same manner as the mayor pro tempore. (d) The city council shall, at least once a month, hold regular meetings at such times and places as prescribed by ordinance. The city council may recess any regular meeting and continue such meeting on any day or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (e) Special meetings of the city council may be held on the call of either the mayor and one councilmember or three councilmembers. Notice of such special meetings shall be delivered to all councilmembers, the mayor, and the city manager personally, by registered mail, or by electronic means at least 24 hours in advance of the meeting. Such notice shall not be required if the mayor, all councilmembers, and city manager are present when the special meeting is called. Such notice of any special meeting may be waived by the mayor, a councilmember, or the city manager 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.
(a) Four councilmembers shall constitute a quorum and shall be authorized to transact business for the city council. The mayor shall be counted toward the making of a quorum. 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 city council to be adopted, the measure must receive at least three affirmative votes and must receive the affirmative votes of a majority of those voting. No councilmember, nor the mayor, shall abstain from voting on any matter properly brought before the city council for official action except when such councilmember has a reason which is disclosed in writing prior to or at the meeting and made a part of the minutes. If any councilmember or the mayor is present and eligible to vote on a matter and refuses to do so for a reason he or she will not disclose he or she shall be deemed to have voted with the majority of the votes of the other councilmembers on the issue involved; provided further that if there is a tie in the vote of the voting councilmembers, then the mayor and each councilmember shall be required to vote unless he or she discloses a reason for not voting. The mayor shall have one vote on all matters brought before the council. (b) The following types of actions require an ordinance in order to have the force of law:
(1) Adopt or amend an administrative code or establish, alter or abolish a department, office not specified in this charter, or agency; (2) Provide for fine or other penalty;

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(3) Levy taxes; (4) Grant, renew, or extend a franchise; (5) Regulate a rate for a public utility; (6) Authorize the borrowing of money; (7) Convey, lease or encumber city land; (8) Regulate land use and development; and (9) Amend or repeal an ordinance already adopted. (c) The city council shall establish by ordinance procedures for convening emergency meetings. In an emergency, an ordinance can be passed without notice or hearings if the city council passes the ordinance by three-fourths vote; provided, however, that the city council cannot in an emergency meeting: (1) Levy taxes; (2) Grant, renew, or extend a franchise; (3) Regulate a rate for a public utility; or (4) Borrow money.
SECTION 2.11. General power and authority of the city council.
(a) Except as otherwise provided by law or by this charter, the city council shall be vested with all the powers of government of the City of Dunwoody 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 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 Dunwoody and may enforce such ordinances by imposing penalties for violation thereof.
SECTION 2.12. Administrative and service departments.
(a) Except for the office of city manager and the elected positions provided for in this charter, the city council, by ordinance, may establish, abolish, merge, or consolidate offices not specified in this charter, 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. The city 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.

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(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 city council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the mayor and city council.
SECTION 2.13. 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, except as required by law; (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; "Valuable" shall be an amount determined by the city council; provided, however, that the amount shall not exceed $100.00; (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, or members of his or her immediate family, 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. "Private financial interest" shall include interests of immediate family. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose in writing 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

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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 city council shall hold any other elective city office or be employed by any city or county government during the term for which elected.
SECTION 2.14. Boards, commissions, and authorities.
(a) All members of boards, commissions, and authorities of the city shall be appointed by the mayor subject to confirmation by the city council for such terms of office and such manner of appointment as provided by ordinance, except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or by applicable state law. (b) No member of any board, commission, or authority of the city shall hold any elective office in the city. Councilmembers and the mayor, however, may serve as ex officio members of such boards, commissions, or authorities, without a vote. (c) Any vacancy in office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for original appointment, except as otherwise provided by this charter or any applicable law of the State of Georgia. (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 city council and administered by the mayor or a judicial officer authorized to administer oaths. (e) Any member of a board, commission, or authority may be removed from office for cause by a vote of a majority of the councilmembers in accordance with state laws. (f) Members of boards, commissions, and authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (g) Except as otherwise provided by this charter or by applicable state law, each board, commission, or authority of the city government shall elect one of its members as chairperson and one member as vice chairperson for terms of one year and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws,

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rules, and regulations not inconsistent with this charter, 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 2.15. Ordinance form; procedures.
(a) Every proposed ordinance and resolution shall be introduced in writing and the city council shall have the authority to approve, disapprove, or amend the same. A resolution may be passed at the time it is offered, but an ordinance shall not be adopted until the title of said ordinance shall have been read at two city council meetings, provided that the beginning of said meetings be not less than 24 hours nor more than 60 days apart. This requirement of two readings shall not apply to emergency ordinances, to ordinances passed during the first 90 days from the date on which the city begins operation, to ordinances adopted at the first business meeting of the city council in a calendar year, or to ordinances adopted at the first meeting of the initial city council as elected under subsection (b) of Section 2.02. The catchlines of sections of this charter or any ordinance printed in boldface type, italics, or otherwise, are intended as mere catchwords to indicate the contents of the section, and:
(1) Shall not be deemed or taken to be titles of such sections or as any part of the section; and (2) Shall not be so deemed when any of such sections, including the catchlines, are amended or reenacted unless expressly provided to the contrary. Furthermore, the chapter, article, and section headings contained in this Act shall not be deemed to govern, limit, or modify or in any manner affect the scope, meaning, or intent of the provisions of any chapter, article, or section hereof. (d) 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 councilmembers. Such rules may include punishment for contemptuous behavior conducted in the presence of the city council.
SECTION 2.16. Submission of ordinances to the city clerk.
(a) Every ordinance, resolution, and other action adopted by the city council shall be presented to the city clerk within 15 days of its adoption or approval. The city clerk shall record upon the ordinance the date of its delivery from the city council. (b) An ordinance or resolution that has been passed by the city council shall become effective on the date the ordinance is passed by the city council or on such other date as may be specified in the ordinance.
ARTICLE III EXECUTIVE BRANCH

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SECTION 3.01. Powers and duties of the mayor.
(a) The mayor shall: (1) Preside over all meetings of the city council; (2) Set the agenda for meetings of the city council after receiving input from members of the city council, the city manager, and the public; provided, however that an additional item shall be added to the agenda upon the written request of any member of the city council; (3) Serve as the ceremonial head of the city and as its official representative to federal, state, and local governmental bodies and officials; (4) Sign all orders, checks, and warrants for payment of money within a level of authorization as established by the city council; (5) Execute all contracts, deeds, and other obligations of the city within a level of authorization as established by the city council; (6) Vote in all matters before the city council as provided in Section 2.10(a) of this charter; (7) Make all appointments of city officers as provided by this charter, subject to confirmation by the city council; (8) Serve in a part-time capacity and be compensated accordingly; and (9) Perform any other duties and exercise any other powers required by state or federal law or authorized by a duly adopted ordinance that is not in conflict with this charter.
(b) The mayor shall have the authority to transfer appropriations within a department, fund, service, strategy or organizational unit but only with approval of the city council. (c) The mayor shall have the authority to certify that a supplemental appropriation is possible due to unexpected revenue increases but only with approval of the city council. (d) The mayor shall have all of the powers specifically granted to the mayor elsewhere in this charter regardless of whether such powers are enumerated in this Section 3.01.
SECTION 3.02. City manager; appointment and qualification.
The mayor shall appoint, subject to confirmation by the city council, an officer whose title shall be the "city manager." The city manager shall be appointed without regard to political beliefs and solely on the basis of his or her education and experience in the accepted competencies and practices of local government management.
SECTION 3.03. City manager; chief administrative officer.
The city manager shall be the chief administrative officer of the government of the city. The city manager must devote all of his or her working time and attention to the affairs of

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the city and shall be responsible to the mayor and city council for the proper and efficient administration of the affairs of the city over which said officer has jurisdiction.
SECTION 3.04. City manager; powers and duties enumerated.
The city manager shall have the power, and it shall be his or her duty to: (1) See that all laws and ordinances are enforced; (2) Appoint and employ all necessary employees of the city, provided that the power of this appointment shall not include officers and employees who by this charter are appointed or elected by the mayor and the city council or departments not under the jurisdiction of the city manager; (3) Remove employees appointed and employed under Section 3.04(2), without the consent of the city council and without assigning any reason therefor; (4) Exercise supervision and control of all departments and all divisions created in this charter or that may hereafter be created by the city council except as otherwise provided in this charter; (5) Attend all meetings of the city council, without a right to vote, but with a right to take part in the discussions as seen fit by the chair; provided, however, that regardless of the decision of the meeting chair the city manager may take part in any discussion and report on any matter requested and approved by the city council at such meeting. The city manager shall be entitled to notice of all special meetings; (6) Recommend to the city 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 the city manager's level of authorization as established by the city council 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 city council; (9) Sign all orders, checks, and warrants for payment of money within the city manager's level of authorization as established by the city council 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 such order, check, or warrant requiring a budget amendment shall be valid and binding until after approval of the city council; (10) Act as budget officer to prepare and submit to the city 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

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the amounts allotted to each department of the city government and the reasons for such estimated expenditures; (11) Keep the city council at all times fully advised as to the financial condition and needs of the city; (12) Make a full written report to the city council on the fifteenth 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 city clerk; (13) Fix all salaries and compensation of city employees in accordance with the city budget and the city pay and classification plan; and (14) Perform such other duties as may be prescribed by this charter or required by ordinance or resolution of the city council.
SECTION 3.05. City 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 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 3.06. City manager; removal.
(a) The mayor and city council may remove the city manager from office in accordance with the following procedures:
(1) The city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution 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 city council a written request for a public hearing. This hearing shall be held at a city council meeting not earlier than 15 days nor later than 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) The city 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.

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(b) The city manager shall continue to receive his or her salary until the effective date of a final resolution of his or her removal. The action of the city council in suspending or removing the city manager shall not be subject to review by any court or agency. (c) If the city manager is suspended in accordance with subsection (a) of this section or 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 mayor with the approval of the city council may appoint any person to exercise all powers, duties, and functions of the city manager during the city manager's suspension under Section 3.06(a), temporary absence from the city, or during the city manager's disability. (b) In the event of a vacancy in the office of city manager, the mayor may designate with the approval of the city council 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 appoint the city attorney(s) together with such assistant city attorneys as may be deemed appropriate subject to confirmation by the city council and shall provide for the payment of such attorney(s) for services rendered to the city. The rates or salary paid to any city attorney or assistant city attorney shall be approved in advance by the city council. The city attorney(s) 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 city council as directed; shall advise the city 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(s) 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 the city 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.

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SECTION 3.10. Tax collector.
The mayor may appoint a tax collector subject to confirmation by the city council to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city; and the tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities.
SECTION 3.11. City accountant.
The mayor may appoint a city accountant subject to confirmation by the city council to perform the duties of an accountant.
SECTION 3.12. City internal auditor.
The city council shall appoint an internal auditor to audit the financial records and expenditures of city funds and to report the results of such audits in writing to the city council at times and intervals set by the city council but no less than quarterly. Such audit reports shall, at a minimum, identify all city expenditures and other financial matters that the internal auditor either determines are not in compliance with or cannot conclusively be determined to be in compliance with (a) the provisions of this charter, (b) the applicable city budget, and (c) applicable ordinances, resolutions, or other actions duly adopted or approved under the provisions of this charter.
SECTION 3.13. Consolidation of functions.
The city manager, with the approval of the city council, may consolidate any two or more of the positions of city clerk, city tax collector, and city accountant, or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions. The city manager may also, with the approval of the city council, perform all or any part of the functions of any of the positions or offices in lieu of the appointment of other persons to perform the same.
SECTION 3.14. 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 city council for approval. Said plan may apply to all employees of the City of Dunwoody and any of its agencies and offices. When a

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pay plan has been adopted by the city council, neither the city 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 city council. Except as otherwise provided in this charter, all employees of the city shall be subject to removal or discharge, with or without cause, at any time.
ARTICLE IV MUNICIPAL COURT
SECTION 4.01. Creation.
There is established a court to be known as the Municipal Court of the City of Dunwoody 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(s).
(a) No person shall be qualified or eligible to serve as judge unless he or she shall have attained the age of 28 years and shall have been a member of the State Bar of Georgia for a minimum of three years. The judge(s) shall be nominated by the mayor subject to approval by the city council. The compensation and number of the judges shall be fixed by the city council. (b) The judge pro tempore shall serve as requested by the judge, shall have the same qualifications as the judge, shall be nominated by the mayor subject to approval of the city 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 city council.

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(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 shall be removed 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.
The municipal 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 Dunwoody and for violation of its ordinances. The municipal court may fix punishment for offenses within its jurisdiction to the fullest extent allowed by state law. (b) The municipal court shall have authority to recommend to the city council for approval 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 to 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 Dunwoody, 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

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disposal of each case by the issuance of summons, subpoena, and warrants which may be served as executed by any officer as authorized by this charter or by state law. (g) The municipal court is specifically vested with all of the judicial jurisdiction and judicial powers throughout the entire area of the City of Dunwoody 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 DeKalb 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 city council, the judge(s) 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 city 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 city council shall provide, by ordinance, the procedures and requirements for the preparation and execution of an annual operating budget 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.

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(a) On or before a date fixed by the city council, but no later than the first day of the ninth month of the fiscal year currently ending, the city manager shall, after input, review and comment by the mayor, submit to the city council a proposed operating budget and capital budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor and 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 they may deem pertinent. The operating budget, capital budget, the budget message, and all supporting documents shall be filed in the office of the city manager and shall be open to public inspection. (b) Beginning in the third year of the city's operation, the city manager and mayor are required to present to the city council a budget which is balanced in projected spending and revenues. (c) Prior to passage of the budget, the city council shall hold a special public hearing at which the budget will be presented and public comment on the budget will be solicited. The date, time and place of the special public hearing shall be announced no less than 30 days prior to the scheduled date for such hearing. (d) All unencumbered balances of appropriations in the current operating budget at the end of the fiscal year shall lapse into the unappropriated surplus or reserves of the fund or funds from which such appropriations were made. When a supplemental appropriation is certified by the city manager to exist, these appropriations can be spent during the current fiscal year following passage of a supplemental appropriation ordinance.
SECTION 5.04. Action by city council on budget.
(a) The city council may amend the operating budget or capital budget proposed by the city manager in accordance with Section 5.03(a), except that the budget, as finally amended and adopted, must provide for all expenditures required by law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year; and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues constituting the fund availability of such fund. (b) The city council shall adopt a budget on or before the first day of the eleventh month of the fiscal year currently ending. If the city council fails to adopt the budget by the prescribed deadline, the operating budget and capital budget proposed by the mayor and city manager shall be adopted without further action by the city council.
SECTION 5.05. Procurement and property management.
No contract with the city shall be binding on the city unless it is in writing. The city council may adopt procedures for the authorization of certain contracts without city

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attorney review or city council approval. Absent the foregoing, no contract with the city shall be binding on the city unless:
(1) 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 (2) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings.
SECTION 5.06. Purchasing.
The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city.
SECTION 5.07. Audits.
(a) There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing cost to the public. (b) As a minimum, all audits and budgets of the city shall satisfy the requirements of Chapter 81 of Title 36 of the O.C.G.A. relating to local government audits and budgets.
SECTION 5.08. Homestead exemption; freeze.
(a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all municipal ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Dunwoody, including, but not limited to, ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under this section is first granted to the most recent owner of such homestead. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include not more than five contiguous acres of homestead property.
(b) Each resident of the City of Dunwoody is granted an exemption on that person's homestead from City of Dunwoody ad valorem taxes for municipal 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. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to

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the homestead after January 1 of the base year. If any real property is added to or removed from the homestead, the base year assessed value shall be adjusted to reflect such addition or removal, and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Dunwoody, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Dunwoody, 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 Dunwoody, 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 Dunwoody, 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 only to taxable years 2009 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.
SECTION 5.09. Homestead exemption; senior citizens; disabled.
(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 Dunwoody, 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.

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(3) "Income" means Georgia taxable net income determined pursuant to Chapter 7 of Title 48 of the O.C.G.A., as amended, for state income tax purposes, except income shall not include income 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, except such income which is in excess of the maximum amount authorized to be paid to an individual and such individual's spouse under the federal Social Security Act. Income from such sources in excess of such maximum amount shall be included as income for the purposes of this 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 Dunwoody who is disabled or is a senior citizen is granted an exemption on that person's homestead from City of Dunwoody ad valorem taxes for municipal purposes in the amount of $14,000.00 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 $15,000.00 for the immediately preceding year. The value of that property in excess of such exempted amount shall remain subject to taxation. (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 Dunwoody, 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 Dunwoody, 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 Dunwoody, 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

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City of Dunwoody, 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, 2009.
SECTION 5.10. Homestead exemption; general.
(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 Dunwoody, 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.
(b) Each resident of the City of Dunwoody is granted an exemption on that person's homestead from City of Dunwoody ad valorem taxes for municipal purposes in the amount of $10,000.00 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 Dunwoody, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Dunwoody, 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 Dunwoody, 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 Dunwoody, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption.

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(e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in 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, 2009.
SECTION 5.11. Homestead exemption; surviving spouses.
(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 Dunwoody, including, but not limited to, 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) "Unremarried surviving spouse" of a member of the armed forces includes the unmarried widow or widower of a member of the armed forces who is receiving spousal benefits from the United States Department of Veterans Affairs.
(b) Any person who is a resident of the City of Dunwoody and who is an unremarried surviving spouse of a member of the armed forces of the United States, which member has been killed in or has died as a result of any war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, shall be granted a homestead exemption from all City of Dunwoody ad valorem taxation for municipal purposes in the amount of the greater of $32,500.00 or the maximum amount which may be granted to a disabled veteran under Section 2102 of Title 38 of the United States Code, as amended. As of January 1, 2006, the maximum amount which may be granted to a disabled veteran under Section 2102 of Title 38 of the United States Code, as amended, is $50,000.00. The exemption shall be on the homestead which the unremarried surviving spouse owns and actually occupies as a residence and homestead. In the event such surviving spouse remarries, such person shall cease to be qualified to continue the exemption under this Act effective December 31 of the taxable year in which such person remarries. The value of all property in excess of such exemption granted to such unremarried surviving spouse shall remain subject to taxation. (c) In order to qualify for the exemption provided for in this Act, the unremarried surviving spouse shall furnish to the governing authority of the City of Dunwoody, or the designee thereof, documents from the Secretary of Defense evidencing that such unremarried surviving spouse receives spousal benefits as a result of the death of such person's spouse who as a member of the armed forces of the United States was killed or died as a result of a war or armed conflict while on active duty or while performing

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authorized travel to or from active duty during such war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, pursuant to the Survivor Benefit Plan under Subchapter II of Chapter 73 of Title 10 of the United States Code or pursuant to any preceding or subsequent federal law which provides survivor benefits for spouses of members of the armed forces who were killed or who died as a result of any war or armed conflict. (d) An unremarried surviving spouse filing for the exemption under this section shall be required to file with the governing authority of the City of Dunwoody, or the designee thereof, information relative to marital status and other such information which the governing authority of the City of Dunwoody, or the designee thereof, deems necessary to determine eligibility for the exemption. Each unremarried surviving spouse shall file for the exemption only once with the governing authority of the City of Dunwoody, or the designee thereof. Once filed, the exemption shall automatically be renewed from year to year, except that the governing authority of the City of Dunwoody, or the designee thereof, may require annually that the holder of an exemption substantiate his or her continuing eligibility for the exemption. It shall be the duty of any person granted the homestead exemption under this section to notify the governing authority of the City of Dunwoody, or the designee thereof, in the event that person for any reason becomes ineligible for such exemption. (e) The exemption granted by this section shall be in lieu of and not in addition to any other exemption from ad valorem taxation for municipal purposes which is equal to or lower in amount than such exemption granted by this section. If the amount of any other exemption from ad valorem taxation for municipal purposes applicable to any resident qualifying under this section is greater than or is increased to an amount greater than the amount of the applicable exemption granted by this section, such other exemption shall apply and shall be in lieu of and not in addition to the exemption granted by this section. (f) The exemptions granted by this section shall apply to all tax years beginning on or after January 1, 2009.
SECTION 5.12. Homestead exemption; one mill equivalent.
(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 Dunwoody, 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.
(b) Each resident of the City of Dunwoody is granted an exemption on that person's homestead from City of Dunwoody ad valorem taxes for municipal purposes in an amount that provides the dollar equivalent of a one mill reduction of the millage rate applicable to the homestead property with respect to ad valorem taxes for municipal

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purposes for the taxable 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 Dunwoody, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Dunwoody, 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 Dunwoody, 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 Dunwoody, 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, 2009.
ARTICLE VI GENERAL PROVISIONS.
SECTION 6.01. DeKalb County Special Services Tax District.
For the taxable years beginning on or after January 1, 2009, the adjusted ad valorem tax millage rate and amount for service charges or fees for district services for the Dunwoody special services tax district shall be zero percent. This section is enacted pursuant to the authority granted to the General Assembly under Section 1 of that local constitutional amendment providing that certain municipalities in DeKalb County shall constitute special services tax districts, Resolution Act. No. 168; House Resolution No. 715-1916; Ga. L. 1978, p. 2468, to control the subject matter of such local constitutional amendment. Municipal services provided by DeKalb County for the City of Dunwoody will be established through intergovernmental agreements or established as otherwise authorized by statute.

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SECTION 6.02. Referendum and initial election.
(a) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of DeKalb County shall call a special election for the purpose of submitting this Act to the qualified voters of the proposed City of Dunwoody for approval or rejection. The superintendent shall set the date of such election for the date of the general primary in 2008. 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 DeKalb County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act incorporating the City of Dunwoody in DeKalb County according to the charter contained in the Act and the homestead exemptions
( ) NO described in the Act be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect as provided in this charter, otherwise it shall be void and of no force and effect. The initial expense of such election shall be borne by DeKalb County. Within two years after the elections if the incorporation is approved, the City of Dunwoody shall reimburse DeKalb County for the actual cost of printing and personnel services for such election and for the initial election of the mayor and councilmembers pursuant to Section 2.02 of this charter. It shall be the duty of the superintendent to hold and conduct such election. It shall be his or her further duty to certify the result thereof to the Secretary of State. (b) For the purposes of the referendum election provided for in subsection (a) of this section and for the purposes of the special election of the City of Dunwoody to be held on the third Tuesday in September, 2008, the qualified electors of the City of Dunwoody shall be those qualified electors of DeKalb County residing within the corporate limits of the City of Dunwoody as described by Appendix A of this charter. At subsequent municipal elections, the qualified electors of the City of Dunwoody shall be determined pursuant to the authority of Chapter 2 of Title 21 of the O.C.G.A. known as the "Georgia Election Code." (c) Only for the purposes of holding and conducting the referendum election provided for by subsection (a) of this section and holding and conducting the special election of the City of Dunwoody to be held on the third Tuesday in September, 2008, the election superintendent of DeKalb County is vested with the powers and duties of the election superintendent of the City of Dunwoody and the powers and duties of the governing authority of the City of Dunwoody.
SECTION 6.03. Effective dates and transition.

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(a) The initial mayor and councilmembers shall take the oath of office the next business day after certification of the election of such officers, and by action of any four members of the governing authority may, prior to December 1, 2008, meet and take actions binding on the city. (b) A period of time will be needed for an orderly transition of various government functions from DeKalb County to the City of Dunwoody. Accordingly there shall be a two-year transition period as allowed by law beginning at 12:01 A.M. on December 1, 2008. (c) During such transition period, DeKalb County shall continue to provide within the territorial limits of the city all government services and functions which DeKalb County provided in 2008 and at the same actual direct cost and level of service, except to the extent otherwise provided in this section; provided, however, that upon at least 30 days prior written notice to the governing authority of DeKalb County by the governing authority of City of Dunwoody, responsibility for any such service or function shall be transferred to the City of Dunwoody. The governing authority of the City of Dunwoody shall determine the date of commencement of collection of taxes, fees, assessments, fines and forfeitures, and other moneys within the territorial limits of the city and the date upon which the City of Dunwoody is considered removed from the special tax district. (d) During the transition period, the governing authority of the City of Dunwoody may generally exercise any power granted by this charter or general law, except to the extent that a power is specifically and integrally related to the provision of a governmental service, function, or responsibility not yet provided or carried out by the city. (e) During the transition period, all ordinances of DeKalb County shall remain applicable within the territorial limits of the city unless otherwise amended, repealed, or replaced by the City of Dunwoody. Any transfer of jurisdiction to the City of Dunwoody during or at the end of the transition period shall not in and of itself abate any judicial proceeding pending in DeKalb County or the pending prosecution of any violation of any ordinance of DeKalb County. (f) During the transition period, the governing authority of the City of Dunwoody may at any time, without the necessity of any agreement by DeKalb 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 the City of Dunwoody commencing to exercise its planning and zoning powers, the Municipal Court of the City of Dunwoody shall immediately have jurisdiction to enforce the planning and zoning ordinances of the city. The provisions of this subsection shall control over any conflicting provisions of any other subsection of this section. (g) Effective upon the termination of the transition period, subsections (b) 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 Dunwoody shall be a full functioning municipal corporation and subject to all general laws of this state.

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SECTION 6.04. 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 if it is not possible to hold the referendum election provided for in Section 6.02 of this Act on the date specified in that section, then such referendum shall be held as soon thereafter as is reasonably practicable but not later than 45 days after securing approval under the federal Voting Rights Act. If the referendum election provided for in Section 6.02 of this Act is conducted on or before August 7, 2008, the special election for the initial members of the governing authority shall be conducted on the date specified in Section 2.02 of this Act. If the referendum election provided for under Section 6.02 of this Act is conducted after August 7, 2008, then the special election for the initial members of the governing authority shall be held as soon thereafter as is reasonably practicable, and the commencement of the initial terms of office shall be delayed accordingly. If the first election provided for in Section 2.02 of this Act occurs after the Tuesday following the first Monday in November, 2008, the city council shall be authorized to delay the dates otherwise specified in Section 6.03 of this Act.
SECTION 6.05. Charter commission.
No later than five years after the inception of the City of Dunwoody, the mayor and the city council shall call for a charter commission to review the city's experience and recommend to the General Assembly any changes to the 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 or Senate whose district lies wholly or partially within the corporate boundaries of the city. All members of the charter commission must reside in the City of Dunwoody. The commission must complete the recommendations within the time frame required by the city council.
SECTION 6.06. 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

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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 6.07. Effective date.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6.08. Repealer.
All laws and parts of laws in conflict with this Act are repealed.
APPENDIX A LEGAL DESCRIPTION CORPORATE LIMITS CITY OF DUNWOODY, DEKALB COUNTY, GEORGIA
All that tract or parcel of land lying and being in the 6th and 18th Land Districts of DeKalb County, Georgia, and more particularly described as follows:
Beginning at the intersection of the north-south boundary of the 17th and 18th Land Districts with the northerly right-of-way of Interstate Highway 285, said highway having a right-of-way width of 300 feet; thence proceeding northerly, 19,074 feet, more or less, along the boundary of the 17th and 18th Land Districts, said boundary also being the boundary of Fulton and DeKalb Counties, to a point, said point being the corner common to Land Lots 23 and 24 of the 17th Land District and Land Lots 378 and 384 of the 18th Land District; thence easterly, 138 feet, more or less, along the northern line of Land Lot 378 to a point, said line also being the boundary of Fulton and DeKalb Counties; thence southeasterly, 220 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being the southeast property corner of the tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 378 6 1; thence southeasterly, 208 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being on Lot 1 of the Weldstone Manor No. 1 Subdivision; thence southwesterly, 150 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a property corner of Lot 1 of the Weldstone Manor No. 1 Subdivision; thence southeasterly, 100 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being on Lot 11 of the Weldstone Manor No. 1 Subdivision; thence southeasterly, 75 feet, more or less, along the boundary of Fulton and DeKalb Counties crossing Spalding Drive, said drive having a 60 foot right-of-way width, to a point on the

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easterly right-of-way of Spalding Drive, said point being a property corner of Lot 8 of Spalding Estates No. 1 Subdivision; thence southeasterly, 30 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a property corner of Lot 8 of Spalding Estates No. 1 Subdivision; thence southeasterly, 90 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being on the northern property line of Lot 8 of Spalding Estates No. 1 Subdivision; thence northeasterly, 60 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 378 9 110; thence northeasterly, 459 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a property corner of a parcel or tract of land now or formerly known as DeKalb County Tax Parcel 18 378 9 75; thence northeasterly, 669 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 378 9 80 and on the northern line of Land Lot 378; thence easterly, 262 feet, more or less, along the northern line of Land Lot 378, said line also being the boundary of Fulton and DeKalb Counties, to a point, said point being a property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 384 1 7; thence northeasterly, 210 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a corner on a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 384 1 8; thence northeasterly, 170 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a corner on a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 384 1 8; thence northeasterly, 202 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 384 1 17; thence northeasterly, 171 feet, more or less, along the boundary of Fulton and DeKalb County to a point, said point being on a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 384 4 5; thence northeasterly, 122 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being on a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 384 4 5; thence northeasterly, 225 feet, more or less, along the boundary of Fulton and DeKalb Counties crossing Whitehall Walk to a point, said point being a corner on a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 384 5 7; thence easterly, 98 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being on a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 384 5 6; thence southeasterly, 197 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being on a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 384 5 5; thence northeasterly, 405 feet, more or less, along the boundary of Fulton and DeKalb Counties crossing Roberts Drive to a point, said point being the northwestern property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 383 2 11; thence northeasterly, 320 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a property corner of a tract or parcel of land now or

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formerly known as DeKalb County Tax Parcel 18 383 2 10; thence northeasterly, 140 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being of the centerline of Dunwoody Club Drive, said drive having a 50 foot rightof-way width; thence southeasterly, 2,156 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary being parallel to and 25 feet southwest from the northern right-of-way of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of the 6th and 18th Land District with the boundary of Fulton and DeKalb Counties; thence generally southeasterly, 4,230 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary being parallel to and 20 feet southwest from the northern right-of-way of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of Fulton and DeKalb County with Land Lot Line 340-353; thence generally southeasterly, 3,931 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary contained within the right-ofway of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of Fulton and DeKalb Counties with Land Lot Line 339-341; thence generally southeasterly, 1,967 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary being parallel to and 20 feet southwest from the northern rightof-way of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of Fulton and DeKalb Counties with Land Lot Line 338-339; thence generally southeasterly, 3,140 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary being parallel to and 25 feet southwest from the northern rightof-way of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of Fulton and DeKalb Counties with Land Lot Line 310-338; thence generally southeasterly, 1,460 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary being parallel to and 30 feet southwest from the northerly rightof-way of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of Fulton and DeKalb Counties with Land Lot Line 310-311; thence southeasterly, 1,182 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary being parallel to and 30 southwest from the northerly right-ofway of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of Fulton and DeKalb Counties with the centerline of Happy Hollow Road, said road having a 70 foot right-of-way width, thence northeasterly, 30 feet, more or less, along the centerline of Happy Hollow Road to a point; thence northeasterly, 40 feet, more or less, to a point, said point being the intersection of the northerly right-of-way of Dunwoody Club Drive with the easterly right-of-way of Happy Hollow Road, said road having a 60 foot right-of-way; thence northeasterly, 511 feet, more or less, along the extended northern property line of a tract or parcel of land now or formerly know as DeKalb County Tax Parcel 6 311 1 2, said line also being the boundary of Fulton and DeKalb Counties, to a point, said point being a property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 6 311 1 1; thence northeasterly, 676 feet, more or less, along the northern property line of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 6-311 1 1, said line also being the boundary of Fulton and DeKalb Counties, to a point, said point being a common

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boundary corner of Fulton, DeKalb and Gwinnett Counties; thence southeasterly, 471 feet, more or less, along the boundary of Gwinnett and DeKalb Counties to a point on the northern right-of-way of Dunwoody Club Creek, said creek drive having a 50 foot rightof-way width; thence southeasterly, 70 feet, more or less, crossing Dunwoody Club Creek along the boundary of Gwinnett and DeKalb Counties to a point on the southerly right-of-way of Dunwoody Club Creek, said point being the northeastern property corner of a tract of parcel of land now of formerly know as DeKalb County Tax Parcel 6 311 5 3; thence southeasterly, 381 feet, more or less, along the boundary of Gwinnett and DeKalb Counties to a point on the centerline of Dunwoody Club Drive; thence southeasterly, 510 feet, more or less, along the boundary of Gwinnett and DeKalb Counties to a point, said point being the intersection of the boundary of Gwinnett and DeKalb Counties with Land Lot Line 307-311; thence northeasterly, 1,301 feet, more or less, along Land Lot Line 307-311, said line also being the boundary of Gwinnett and DeKalb Counties, to a point, said point being the corner common to Land Lots 306, 307, 311 and 312; thence southeasterly, 3,223 feet, more or less, along Line Lot Line 306-307, said line also being the boundary of Gwinnett and DeKalb Counties, to a point, said point being the corner common to Land Lots 280, 281, 306 and 307; thence southwesterly, 1,909 feet, more or less, along Land Lot Line 280-307, said line also being the boundary of Gwinnett and DeKalb Counties, to a point; thence southeasterly, 3,404 feet, more or less, along the boundary of Gwinnett and DeKalb Counties to a point, said point being the intersection of the boundary of Gwinnett and DeKalb Counties with Land Lot Line 277-380; thence southeasterly, 1,870 feet, more or less, along the boundary of Gwinnett and DeKalb Counties to a point, said point being the intersection of the boundary of Gwinnett and DeKalb Counties with a control of access line for Peachtree Industrial Boulevard, said control of access line being parallel to and 75 feet northwesterly from the centerline of Peachtree Industrial Boulevard and also being a point in common on the City Limits of the cities of Dunwoody and Doraville; thence southwesterly, 2,000 feet, more or less, along the aforesaid control of access line of Peachtree Industrial Boulevard to a point, said point being the intersection of the aforesaid control of access line with the boundary between the 6th and 18th Land Districts of DeKalb County; thence continuing southwesterly, 1,350 feet, more or less, along the aforesaid control of access line of Peachtree Industrial Boulevard to a point, said point being the intersection of the control of access line with Land Lot Line 341-356; thence westerly, 131 feet, more or less, along Land Lot Line 341-356 to a point, said point being the intersection of Land Lot Line 341356 with the northerly right-of-way line of Peachtree Industrial Boulevard, said boulevard having a 250 foot right-of-way width; thence westerly, 1,490 feet, more or less, along Land Lot Line 341-356 to a point, said point being the corner common to Land Lots 341, 342, 355 and 356; thence westerly, 1,000 feet, more or less, along Land Lot Line 342-355 to a point, said point being the northeastern property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 342 7 18; thence southeasterly, 405 feet, more or less, along the westerly right-of-way of Tilly Mill Road to a point, said point being the southeastern property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 342 1 99; thence 730 feet, more

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or less, along the existing Doraville City Limit Line, said line lying within the right-ofway of Tilly Mill Road, to a point, said point; thence southwesterly, 50 feet, more or less, perpendicular to the existing Doraville City Limit to a point, said point being a common property corner to tracts or parcels of land now or formerly known as DeKalb County Tax Parcels 18 342 1 65 and 66; thence generally southwesterly, 552 feet, more or less, along the centerline of Nancy Creek to a point, said point being the intersection of the centerline of Nancy Creek with southern property line of Chateau at Dunwoody Condominiums; thence westerly, 759 feet, more or less, along the southern property line of the Chateau at Dunwoody Condominiums to southwestern property corner of the Chateau at Dunwoody Condominiums; thence westerly, 667 feet, more or less, along the southerly property line of Phase 13 of the Dunwoody North Subdivision to the southeast corner of Lot Number 1 in Phase 2 of the Dunwoody North Subdivision; thence southeasterly, 130 feet, more or less, to a point, said point being the common property corner of Lot Numbers 24 and 25 in the McArthur Estates Subdivision; thence southwesterly, 474.8 feet, more or less, along the back property lines of Lots Lumbers 25 and 26 in the McArthur Estates Subdivision to the common corner of Lot Numbers 27 and 28 in the McArthur Estates Subdivision and a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 343 1 1; thence generally southeasterly, 1,177 feet, more or less, along the centerline of an unnamed creek tributary to Nancy Creek along the back property lines of Lot Number 40 through Lot Number 27 in McArthur Estates Subdivision to a point, said point being the intersection of the aforesaid creek with Land Lot Line 335-342; thence westerly, 944 feet, more or less, along Land Lot Line 335-342 to the common corner of Land Lots 334, 335, 342 and 343; thence southerly 701 feet, more or less, along Land Lot Line 334-335 to a point, said point being the intersection of Land Lot Line 334-335 with the northerly right-of-way of Interstate Highway 285, said interstate having a 300 foot right-of-way and limit of access width; thence southerly along Land Lot Line 334-335 across Interstate Highway to a point on the southerly right-of-way and limit of access of Interstate Highway 285; thence generally northwesterly, 2,654 feet, more or less, along the southerly right-of-way and limit of access of Interstate Highway 285 and its extension to the centerline of North Peachtree Road, said North Peachtree Road centerline being 2,475.6 feet measured along the centerline of Interstate Highway 285 from the intersection of Land Lot Line 334-335 with the northerly right-of-way of Interstate Highway 285; thence northeasterly, 130 feet, more or less, along the centerline of North Peachtree Road to a point, said point being the intersection of the aforesaid North Peachtree Road centerline with the southern limit of access for Interstate Highway 285 west of North Peachtree Road; thence westerly along the southern limit of access for Interstate Highway 285 to a point, said point being the intersection of the aforesaid limit of access with the centerline of Shallowford Road, said Shallowford Road centerline being 2,530.09 feet from the centerline of North Peachtree Road measured along the centerline of Interstate Highway 285; thence westerly along the southern limit of access of Interstate Highway 285 to a point, said point being the intersection of the aforesaid limit of access with the centerline of Chamblee Dunwoody Road, said Chamblee Dunwoody Road being 2,903.65 feet from the centerline of

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Shallowford Road measured along the centerline of Interstate Highway 285; thence generally southwesterly, 75 feet, more or less, along the centerline of Chamblee Dunwoody Road to a point, thence westerly, 108 feet, more or less, to a point, said point being the beginning of the southerly right-of-way and limit of access for Interstate Highway 285 on the west of Chamblee Dunwoody Road; thence generally westerly along the southerly right-of-way and limit of access of Interstate Highway 285 to a point, said point being on the centerline of Ashford Dunwoody Road, said Ashford Dunwoody Road centerline being 7,238.73 feet from the centerline of Chamblee Dunwoody Road measured along the centerline of Interstate Highway 285; thence southwesterly, 100 feet, more or less, to a point, said point being the northeastern property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 330 15 1; thence westerly, 340 feet, more or less, along the northern property line of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 330 15 1 to a point, said point being the northwestern property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 330 15 1; thence westerly, 660 feet, more or less, to a point, said point being the northeastern property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 329 2 5; thence southwesterly, 2,048 feet, more or less, along the southerly right-of-way and limit of access of Interstate Highway 285 to a point, said point being the intersection of the southerly right-of-way and limit of access of Interstate Highway 285 with the boundary of the 17th and 18th Land Districts, said Land District boundary being 3,034.24 feet from the centerline of Ashford Dunwoody Road measured along the centerline of Interstate Highway 285 and also the boundary of Fulton and DeKalb Counties; thence northerly, 322 feet, more or less, along the boundary of the 17th and 18th Land Districts to a point on the northern right-of-way of Interstate Highway 285, said highway having a 300 foot right-of-way width, said point being the point of beginning.
The above-described Corporate Limits for the proposed City of Dunwoody contains an area of 13.2 square miles, more or less, has a perimeter of 17 miles more or less, and are shown more fully on the map entitled Proposed City of Dunwoody, DeKalb County, Georgia, January 2007 prepared by Keck & Wood, Inc.
APPENDIX B - PART 1 LEGAL DESCRIPTION COUNCIL DISTRICT 1 LIMITS CITY OF DUNWOODY, DEKALB COUNTY, GEORGIA
All that tract or parcel of land lying and being in Land Lot 353 of the 6th Land District and Land Lots 329, 345, 346, 347, 348, 349, 350, 351, 352, 362, 363, 364, 365, 366, 367, 375, 376, 377, 378, 379, 380, 383 and 384 of the 18th Land Districts of DeKalb County, Georgia, and more particularly described as follows:

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Beginning at the intersection of the north-south boundary of the 17th and 18th Land Districts with the northerly right-of-way of Interstate Highway 285, said highway having a right-of-way width of 300 feet; thence proceeding northerly, 19,074 feet, more or less, along the boundary of the 17th and 18th Land Districts, said boundary also being the boundary of Fulton and DeKalb Counties, to a point, said point being the corner common to Land Lots 23 and 24 of the 17th Land District and Land Lots 378 and 384 of the 18th Land District; thence easterly, 138 feet, more or less, along the northern line of Land Lot 378 to a point, said line also being the boundary of Fulton and DeKalb Counties; thence southeasterly, 220 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being the southeast property corner of the tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 378 6 1; thence southeasterly, 208 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being on Lot 1 of the Weldstone Manor No. 1 Subdivision; thence southwesterly, 150 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a property corner of Lot 1 of the Weldstone Manor No. 1 Subdivision; thence southeasterly, 100 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being on Lot 11 of the Weldstone Manor No. 1 Subdivision; thence southeasterly, 75 feet, more or less, along the boundary of Fulton and DeKalb Counties crossing Spalding Drive, said drive having a 60 foot right-of-way width, to a point on the easterly right-of-way of Spalding Drive, said point being a property corner of Lot 8 of Spalding Estates No. 1 Subdivision; thence southeasterly, 30 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a property corner of Lot 8 of Spalding Estates No. 1 Subdivision; thence southeasterly, 90 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being on the northern property line of Lot 8 of Spalding Estates No. 1 Subdivision; thence northeasterly, 60 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 378 9 110; thence northeasterly, 459 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a property corner of a parcel or tract of land now or formerly known as DeKalb County Tax Parcel 18 378 9 75; thence northeasterly, 669 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 378 9 80 and on the northern line of Land Lot 378; thence easterly, 262 feet, more or less, along the northern line of Land Lot 378, said line also being the boundary of Fulton and DeKalb Counties, to a point, said point being a property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 384 1 7; thence northeasterly, 210 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a corner on a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 384 1 8; thence northeasterly, 170 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a corner on a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 384 1 8; thence northeasterly, 202 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point

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being a corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 384 1 17; thence northeasterly, 171 feet, more or less, along the boundary of Fulton and DeKalb County to a point, said point being on a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 384 4 5; thence northeasterly, 122 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being on a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 384 4 5; thence northeasterly, 225 feet, more or less, along the boundary of Fulton and DeKalb Counties crossing Whitehall Walk to a point, said point being a corner on a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 384 5 7; thence easterly, 98 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being on a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 384 5 6; thence southeasterly, 197 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being on a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 384 5 5; thence northeasterly, 405 feet, more or less, along the boundary of Fulton and DeKalb Counties crossing Roberts Drive to a point, said point being the northwestern property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 383 2 11; thence northeasterly, 320 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 383 2 10; thence northeasterly, 140 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being of the centerline of Dunwoody Club Drive, said drive having a 50 foot rightof-way width; thence southeasterly, 2,156 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary being parallel to and 25 feet southwest from the northern right-of-way of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of the 6th and 18th Land District with the boundary of Fulton and DeKalb Counties; thence generally southeasterly, 2,000 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary being parallel to and 20 feet southwest from the northern right-of-way of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of Fulton and DeKalb County with the centerline of Woodsong Trail, said trail having a 60 foot right-of-way width; thence generally southeasterly, 1,289 feet, more or less, along the centerline of Woodsong Trail to a point, said point being the intersection of the centerline of Woodsong Trail with the centerline of Woodsong Drive, said drive having a 60 foot right-of-way; thence generally southerly, 861 feet, more or less, along the centerline of Woodsong Drive to a point, said point being the intersection of the centerline of Woodsong Drive with the centerline of Barcroft Way, said way having a 50 foot right-of-way; thence generally southwesterly, 574 feet, more or less, along the centerline of Barcroft Way to a point, said point being the intersection of the centerline of Barcroft Way with the centerline of Withmere Way, said way having a 50 foot right-of-way width; thence northwesterly, 285 feet, more or less, along the centerline of Withmere Way to a point, said point being the intersection of the centerline of Withmere Way with the centerline of Mount Vernon Way, said way having a 50 foot right-of-way width; thence southeasterly, 5,592 feet, more or less, along

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the centerline of Mount Vernon Way to a point, said point being the intersection of the centerline of Mount Vernon Way with the centerline of Mount Vernon Road, said road having a 100 foot right-of-way width, thence generally westerly, 3,101 feet, more or less, along the centerline of Mount Vernon Road, said road having a 100 foot right-of-way width, to a point, said point being the intersection of the centerline of Mount Vernon Road with the centerline of Chamblee Dunwoody Road; thence southeasterly, 8,700 feet, more or less, along the centerline of Chamblee Dunwoody Road to a point, said point being the intersection of the centerline of Chamblee Dunwoody Road with the centerline Peeler Road to the northeast and Chamblee Dunwoody Road to the southwest; thence generally southerly, 3,214 feet, more or less, along the centerline of Chamblee Dunwoody Road to a point, said point being the intersection of the centerline of Chamblee Dunwoody Road with the northerly right-of-way of Interstate Highway 285; thence southwesterly, 875.9 feet, more or less, along the centerline of Chamblee Dunwoody Road crossing Interstate Highway 285 to a point, said point being the intersection of the centerline of Chamblee Dunwoody Road with the southerly right-ofway of Interstate Highway 285; thence northwesterly, 50 feet, more or less, to a point, said point being a property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 345 4 3; thence northwesterly, 82 feet, more or less, along the property line of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 345 4 3 to a point on the southerly right or way of Interstate Highway 285, thence generally westerly along the southerly right-of-way and limit of access of Interstate Highway 285 to a point, said point being on the centerline of Ashford Dunwoody Road, said Ashford Dunwoody Road centerline being 7,238.73 feet from the centerline of Chamblee Dunwoody Road measured along the centerline of Interstate Highway 285; thence southwesterly, 100 feet, more or less, to a point, said point being the northeastern property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 330 15 1; thence westerly, 340 feet, more or less, along the northern property line of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 330 15 1 to a point, said point being the northwestern property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 330 15 1; thence westerly, 660 feet, more or less, to a point, said point being the northeastern property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 329 2 5; thence southwesterly, 2,048 feet, more or less, along the southerly right-of-way and limit of access of Interstate Highway 285 to a point, said point being the intersection of the southerly right-of-way and limit of access of Interstate Highway 285 with the boundary of the 17th and 18th Land Districts, said Land District boundary being 3,034.24 feet from the centerline of Ashford Dunwoody Road measured along the centerline of Interstate Highway 285 and also the boundary of Fulton and DeKalb Counties; thence northerly, 322 feet, more or less, along the boundary of the 17th and 18th Land Districts to a point on the northern right-of-way of Interstate Highway 285, said highway having a 300 foot right-of-way width, said point being the point of beginning.

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The above-described Council District Number 1 Limits for the proposed City of Dunwoody contains an area of 4.9 square miles more or less, with a perimeter of 12.0 miles more or less.
APPENDIX B - PART 2 LEGAL DESCRIPTION COUNCIL DISTRICT 2 LIMITS CITY OF DUNWOODY, DEKALB COUNTY, GEORGIA
All that tract or parcel of land lying and being in Land Lots 339, 340, 341 and 353 of the 6th Land District and Land Lots 343, 344, 345, 352, 353, 354, 359, 360, 361, 362, 363, 366, 367, 368, 369, 370, 372, 373, 374, 375, 380, 381 and 382 of the 18th Land Districts of DeKalb County, Georgia, and more particularly described as follows:
Beginning at the intersection of the northerly right-of-way of Interstate Highway 285 with the centerline of Chamblee Dunwoody Road; thence proceeding generally northerly, 3,214 feet, more or less, along the centerline of Chamblee Dunwoody Road to a point, said point being the intersection of the centerline of Chamblee Dunwoody Road with the centerline of Peeler Road to the north and Chamblee Dunwoody Road to the west; thence northwesterly, 8,700 feet, more or less, along the centerline of Chamblee Dunwoody Road to a point, said point being the intersection of the centerline of Chamblee Dunwoody Road with the centerline of Mount Vernon Road, said road having a 100 foot right-of-way width; thence generally easterly, 3,101 feet, more or less, along the centerline of Mount Vernon Road to a point, said point being the intersection of the centerline of Mount Vernon Road with the centerline of Mount Vernon Way, said way having a 50 foot right-of-way width; thence northwesterly, 5,592 feet, more or less, along the centerline of Mount Vernon Way to a point, said point being the centerline of Mount Vernon Way with the centerline of Withmere Way, said way having a 50 foot right-of-way width; thence southeasterly, 285 feet, more or less, along the centerline of Withmere Way to a point, said point being the intersection of the centerline of Withmere Way with the centerline of Barcroft Way, said way having a 50 foot right-of-way width; thence generally northeasterly, 574 feet, more or less, along the centerline of Barcroft Way to a point, said point being the intersection of the centerline of Barcroft Way with the centerline of Woodsong Drive, said drive having a 60 foot right-of-way width; thence generally northerly, 861 feet, more or less, along the centerline of Woodsong Drive to a point, said point being the intersection of the centerline of Woodsong Drive with the centerline of Woodsong Trail; thence northwesterly, 1,289 feet, more or less, along the centerline of Woodsong Trail to a point, said point being the intersection of the centerline of Woodsong Trail with boundary of Fulton and DeKalb Counties, said boundary being parallel to and 20 feet northeast of the from the northern right-of-way of Dunwoody Club Drive; thence generally southeasterly, 2,229 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary being parallel to and 20 feet southwest from the northern right-of-way of Dunwoody Club Drive, to a point, said point being the

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intersection of the boundary of Fulton and DeKalb County with Land Lot Line 340353; thence generally southeasterly, 3,931 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary contained within the right-of-way of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of Fulton and DeKalb Counties with Land Lot Line 339-341; thence generally southeasterly, 1,787 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary being parallel to and 20 feet southwest from the northern rightof-way of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of Fulton and DeKalb Counties with the centerline of Mount Vernon Road, said road having a 100 foot right-of-way width; thence southwesterly, 651 feet, more or less, along the centerline of Mount Vernon Road to a point, said point being the intersection of the centerline of Mount Vernon Road with the centerline of North Peachtree Road, said road having a 100 foot right-of-way; thence southeasterly, 1,411 feet, more or less, along the centerline of North Peachtree Road to a point, said point being the intersection of the centerline of North Peachtree Road with the boundary of the 6th and 18th Land Districts; thence southeasterly, 1,470 feet, more or less, along the centerline of North Peachtree Road to a point, said point being the intersection of the centerline of North Peachtree Road with Land Lot Line 370-372; thence generally southerly, 3,692 feet, more or less, along the centerline of North Peachtree Road to a point, said point being the intersection of the centerline of North Peachtree Road with Land Lot Line 359-370; thence generally southerly, 2,852 feet, more or less, along the centerline of North Peachtree Road to a point, said point being the intersection of the centerline of North Peachtree Road with Land Lot Line 354-359; thence generally southerly, 3,326 feet, more or less, along the along the centerline of North Peachtree Road to a point, said point being the intersection of the centerline of North Peachtree Road with :Land Lot Line 343-354; thence southerly, 2,214 feet, more or less, along the centerline of North Peachtree Road to a point, said point being the intersection of the centerline of North Peachtree Road with the northerly limit of access of Interstate Highway 285 west of North Peachtree Road; thence southwesterly, 450 feet, more or less, along the centerline of North Peachtree Road crossing Interstate Highway 285 to a point, said point being the intersection of the centerline of North Peachtree Road with the southerly limit of access of Interstate Highway 285 west of North Peachtree Road; thence westerly along the southern limit of access for Interstate Highway 285 to a point, said point being the intersection of the aforesaid limit of access with the centerline of Shallowford Road, said Shallowford Road centerline being 2,530.09 feet from the centerline of North Peachtree Road measured along the centerline of Interstate Highway 285; thence westerly along the southern limit of access of Interstate Highway 285 to a point, said point being the intersection of the aforesaid limit of access with the centerline of Chamblee Dunwoody Road, said Chamblee Dunwoody Road being 2,903.65 feet from the centerline of Shallowford Road measured along the centerline of Interstate Highway 285; thence generally northeasterly, 700 feet, more or less, along the centerline of Chamblee Dunwoody Road to a point, said point being the beginning.

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The above-described Council District Number 2 Limits for the proposed City of Dunwoody contains an area of 4.7 square miles, more or less, with a perimeter of 10.2 miles more or less.
APPENDIX B - PART 3 LEGAL DESCRIPTION COUNCIL DISTRICT 3 LIMITS CITY OF DUNWOODY, DEKALB COUNTY, GEORGIA
All that tract or parcel of land lying and being in Land Lots 277, 278, 279, 280, 307, 308, 309, 310, 311, 338 and 339 of the 6th Land District and Land Lots 334, 342, 343, 354, 355, 356, 358, 359, 370, 371, and 372 of the 18th Land Districts of DeKalb County, Georgia, and more particularly described as follows:
Beginning at the intersection of the northerly limit of access of Interstate Highway 285 west of North Peachtree Road with the centerline of North Peachtree Road; thence proceeding northerly, 2,214 feet, more or less, along the centerline of North Peachtree Road to a point, said point being the intersection of the centerline of North Peachtree Road with Land Lot Line 343-354; thence northerly, 3,326 feet, more or less, along the centerline of North Peachtree Road to a point, said point being the intersection of the centerline of North Peachtree Road with Land Lot Line 354-359; thence generally northerly, 2,852 feet, more or less, along the centerline of North Peachtree Road to a point, said point being the intersection of the centerline of North Peachtree Road with Land Lot Line 359-370; thence northerly, 3,692 feet, more or less, along the centerline of North Peachtree Road to a point, said point being the centerline of North Peachtree Road with Land Lot Line 370-372; thence northwesterly, 1,470 feet, more or less, along the centerline of North Peachtree Road to a point, said point being the intersection of the centerline of North Peachtree Road with the boundary of the 6th and 18th Land Districts; thence northwesterly, 1,411 feet, more or less, along the centerline of North Peachtree Road to a point, said point being the intersection of the centerline of North Peachtree Road with the centerline of Mount Vernon Road; thence northeasterly, 651 feet, more or less, along the centerline of Mount Vernon Road to a point, said point being the intersection of the centerline of Mount Vernon Road with the boundary of Fulton and DeKalb Counties; thence generally southeasterly, 180 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary being parallel to and 20 feet southwest from the northern right-of-way of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of Fulton and DeKalb Counties with Land Lot Line 338-339; thence generally southeasterly, 3,140 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary being parallel to and 25 feet southwest from the northern right-of-way of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of Fulton and DeKalb Counties with Land Lot Line 310-338; thence generally southeasterly, 1,460 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary being parallel to and 30 feet southwest from the northerly right-of-way of Dunwoody Club Drive, to a point, said

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point being the intersection of the boundary of Fulton and DeKalb Counties with Land Lot Line 310-311; thence southeasterly, 1,182 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary being parallel to and 30 southwest from the northerly right-of-way of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of Fulton and DeKalb Counties with the centerline of Happy Hollow Road, said road having a 70 foot right-of-way width, thence northeasterly, 30 feet, more or less, along the centerline of Happy Hollow Road to a point; thence northeasterly, 40 feet, more or less, to a point, said point being the intersection of the northerly right-of-way of Dunwoody Club Drive with the easterly right-of-way of Happy Hollow Road, said road having a 60 foot right-of-way; thence northeasterly, 511 feet, more or less, along the extended northern property line of a tract or parcel of land now or formerly know as DeKalb County Tax Parcel 6 311 1 2, said line also being the boundary of Fulton and DeKalb Counties, to a point, said point being a property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 6 311 1 1; thence northeasterly, 676 feet, more or less, along the northern property line of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 6-311 1 1, said line also being the boundary of Fulton and DeKalb Counties, to a point, said point being a common boundary corner of Fulton, DeKalb and Gwinnett Counties; thence southeasterly, 471 feet, more or less, along the boundary of Gwinnett and DeKalb Counties to a point on the northern right-of-way of Dunwoody Club Creek, said creek drive having a 50 foot right-of-way width; thence southeasterly, 70 feet, more or less, crossing Dunwoody Club Creek along the boundary of Gwinnett and DeKalb Counties to a point on the southerly right-of-way of Dunwoody Club Creek, said point being the northeastern property corner of a tract of parcel of land now of formerly know as DeKalb County Tax Parcel 6 311 5 3; thence southeasterly, 381 feet, more or less, along the boundary of Gwinnett and DeKalb Counties to a point on the centerline of Dunwoody Club Drive; thence southeasterly, 510 feet, more or less, along the boundary of Gwinnett and DeKalb Counties to a point, said point being the intersection of the boundary of Gwinnett and DeKalb Counties with Land Lot Line 307-311; thence northeasterly, 1,301 feet, more or less, along Land Lot Line 307-311, said line also being the boundary of Gwinnett and DeKalb Counties, to a point, said point being the corner common to Land Lots 306, 307, 311 and 312; thence southeasterly, 3,223 feet, more or less, along Line Lot Line 306-307, said line also being the boundary of Gwinnett and DeKalb Counties, to a point, said point being the corner common to Land Lots 280, 281, 306 and 307; thence southwesterly, 1,909 feet, more or less, along Land Lot Line 280-307, said line also being the boundary of Gwinnett and DeKalb Counties, to a point; thence southeasterly, 3,404 feet, more or less, along the boundary of Gwinnett and DeKalb Counties to a point, said point being the intersection of the boundary of Gwinnett and DeKalb Counties with Land Lot Line 277-380; thence southeasterly, 1,870 feet, more or less, along the boundary of Gwinnett and DeKalb Counties to a point, said point being the intersection of the boundary of Gwinnett and DeKalb Counties with a control of access line for Peachtree Industrial Boulevard, said control of access line being parallel to and 75 feet northwesterly from

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the centerline of Peachtree Industrial Boulevard and also being a point in common on the City Limits of the cities of Dunwoody and Doraville; thence southwesterly, 2,000 feet, more or less, along the aforesaid control of access line of Peachtree Industrial Boulevard to a point, said point being the intersection of the aforesaid control of access line with the boundary between the 6th and 18th Land Districts of DeKalb County; thence continuing southwesterly, 1,350 feet, more or less, along the aforesaid control of access line of Peachtree Industrial Boulevard to a point, said point being the intersection of the control of access line with Land Lot Line 341-356; thence westerly, 131 feet, more or less, along Land Lot Line 341-356 to a point, said point being the intersection of Land Lot Line 341-356 with the northerly right-of-way line of Peachtree Industrial Boulevard, said boulevard having a 250 foot right-of-way width; thence westerly, 1,490 feet, more or less, along Land Lot Line 341-356 to a point, said point being the corner common to Land Lots 341, 342, 355 and 356; thence westerly, 1,000 feet, more or less, along Land Lot Line 342-355 to a point, said point being the northeastern property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 342 7 18; thence southeasterly, 405 feet, more or less, along the westerly right-of-way of Tilly Mill Road to a point, said point being the southeastern property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 342 1 99; thence 730 feet, more or less, along the existing Doraville City Limit Line, said line lying within the right-of-way of Tilly Mill Road, to a point, said point; thence southwesterly, 50 feet, more or less, perpendicular to the existing Doraville City Limit to a point, said point being a common property corner to tracts or parcels of land now or formerly known as DeKalb County Tax Parcels 18 342 1 65 and 66; thence generally southwesterly, 552 feet, more or less, along the centerline of Nancy Creek to a point, said point being the intersection of the centerline of Nancy Creek with southern property line of Chateau at Dunwoody Condominiums; thence westerly, 759 feet, more or less, along the southern property line of the Chateau at Dunwoody Condominiums to southwestern property corner of the Chateau at Dunwoody Condominiums; thence westerly, 667 feet, more or less, along the southerly property line of Phase 13 of the Dunwoody North Subdivision to the southeast corner of Lot Number 1 in Phase 2 of the Dunwoody North Subdivision; thence southeasterly, 130 feet, more or less, to a point, said point being the common property corner of Lot Numbers 24 and 25 in the McArthur Estates Subdivision; thence southwesterly, 474.8 feet, more or less, along the back property lines of Lots Lumbers 25 and 26 in the McArthur Estates Subdivision to the common corner of Lot Numbers 27 and 28 in the McArthur Estates Subdivision and a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 343 1 1; thence generally southeasterly, 1,177 feet, more or less, along the centerline of an unnamed creek tributary to Nancy Creek along the back property lines of Lot Number 40 through Lot Number 27 in McArthur Estates Subdivision to a point, said point being the intersection of the aforesaid creek with Land Lot Line 335-342; thence westerly, 944 feet, more or less, along Land Lot Line 335-342 to the common corner of Land Lots 334, 335, 342 and 343; thence southerly 701 feet, more or less, along Land Lot Line 334-335 to a

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point, said point being the intersection of Land Lot Line 334-335 with the northerly right-of-way of Interstate Highway 285, said interstate having a 300 foot right-of-way and limit of access width; thence southerly along Land Lot Line 334-335 across Interstate Highway to a point on the southerly right-of-way and limit of access of Interstate Highway 285; thence generally northwesterly, 2,654 feet, more or less, along the southerly right-of-way and limit of access of Interstate Highway 285 and its extension to the centerline of North Peachtree Road, said North Peachtree Road centerline being 2,475.6 feet measured along the centerline of Interstate Highway 285 from the intersection of Land Lot Line 334-335 with the northerly right-of-way of Interstate Highway 285; thence northerly, 520 feet, more or less, along the centerline of North Peachtree Road crossing Interstate Highway 285 to a point, said point being the intersection of the northerly limit of access of Interstate Highway 285 west of North Peachtree Road with the centerline of North Peachtree Road and the point of beginning.
The above-described Council District Number 3 Limits for the proposed City of Dunwoody contains an area of 3.6 square miles, more or less, with a perimeter of 10.1 miles more or less.
APPENDIX C CERTIFICATE AS TO MINIMUM STANDARDS FOR INCORPORATION OF A NEW MUNICIPAL CORPORATION
I, Senator Dan Weber, Georgia State Senator from the 40th District and the author of this bill introduced at the 2007 session of the General Assembly of Georgia, which grants an original municipal charter to the City of Dunwoody, do hereby certify that this bill is in compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A. in that the area embraced within the original incorporation in this bill is in all respects in compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A. This certificate is executed to conform to the requirements of Code Section 36-31-5 of the O.C.G.A.
So certified this ____ day of __________, 2007.
_____________________________ Honorable Dan Weber Senator, 40th District Georgia State Senate
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

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On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

N Abdul-Salaam N Abrams Y Amerson N Ashe
Barnard E Bearden N Beasley-Teague N Benfield N Benton N Black Y Bridges N Brooks N Bruce N Bryant N Buckner
Burkhalter Y Burns Y Butler Y Byrd N Carter, A Y Carter, B Y Casas Y Chambers
Channell N Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M N Crawford, R N Davis, H N Davis, S Y Day

Y Dempsey Y Dickson Y Dollar N Drenner N Dukes
Ehrhart Y England N Epps Y Everson Y Fleming
Floyd, H N Floyd, J
Fludd E Forster N Franklin N Frazier N Freeman N Gardner Y Geisinger N Glanton Y Golick N Gordon Y Graves Y Greene Y Hamilton
Hanner E Harbin N Hatfield N Heard, J N Heard, K N Heckstall Y Hembree N Henson N Hill, C Y Hill, C.A E Holmes

E Holt Y Horne N Houston N Howard N Hudson N Hugley N Jackson Y Jacobs
James N Jamieson N Jenkins Y Jerguson N Johnson, C N Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen N Keown Y Knight N Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey N Lord E Loudermilk N Lucas N Lunsford Y Maddox N Mangham E Manning N Marin

E Martin E Maxwell Y May E McCall N McKillip Y Meadows Y Millar N Mills N Mitchell E Morgan Y Morris N Mosby Y Mumford N Murphy E Neal Y Nix N Oliver Y O'Neal Y Parham
Parrish N Parsons Y Peake N Porter N Powell Y Pruett Y Ralston E Randall N Reece
Reese Y Rice Y Roberts Y Rogers N Royal Y Rynders N Sailor N Scott, A

Y Scott, M N Sellier Y Setzler N Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, R N Smith, T Y Smith, V N Smyre N Stanley-Turner E Starr
Stephens N Stephenson N Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin E Walker N Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, M Y Williams, R N Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 71, nays 81.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Millar of the 79th moved that the House reconsider its action in failing to give the requisite constitutional majority to SB 82.

On the motion, the roll call was ordered and the vote was as follows:

N Abdul-Salaam N Abrams

Y Dempsey Y Dickson

E Holt Y Horne

E Martin E Maxwell

Y Scott, M Y Sellier

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Y Amerson N Ashe
Barnard E Bearden N Beasley-Teague N Benfield N Benton Y Black Y Bridges N Brooks N Bruce N Bryant N Buckner
Burkhalter Y Burns Y Butler Y Byrd N Carter, A Y Carter, B Y Casas Y Chambers
Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M N Crawford, R N Davis, H N Davis, S Y Day

Y Dollar N Drenner N Dukes
Ehrhart Y England N Epps Y Everson Y Fleming
Floyd, H Y Floyd, J
Fludd E Forster N Franklin N Frazier Y Freeman N Gardner Y Geisinger N Glanton Y Golick N Gordon Y Graves
Greene Y Hamilton
Hanner E Harbin N Hatfield N Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A E Holmes

Houston N Howard N Hudson N Hugley N Jackson Y Jacobs
James N Jamieson N Jenkins Y Jerguson
Johnson, C N Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Knight N Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey N Lord E Loudermilk N Lucas N Lunsford Y Maddox N Mangham E Manning N Marin

Y May E McCall N McKillip N Meadows Y Millar Y Mills N Mitchell E Morgan Y Morris N Mosby Y Mumford N Murphy E Neal Y Nix N Oliver Y O'Neal Y Parham
Parrish Y Parsons Y Peake N Porter N Powell Y Pruett Y Ralston E Randall N Reece
Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders N Sailor N Scott, A

Y Setzler N Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, R N Smith, T Y Smith, V N Smyre N Stanley-Turner E Starr
Stephens N Stephenson N Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin E Walker N Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, M Y Williams, R N Wix Y Yates
Richardson, Speaker

On the motion, the ayes were 79, nays 70.

The motion prevailed.

Representative Millar of the 79th moved that SB 82 be placed upon the table.

On the motion, the roll call was ordered and the vote was as follows:

N Abdul-Salaam N Abrams Y Amerson N Ashe
Barnard E Bearden N Beasley-Teague N Benfield N Benton

Y Dempsey Y Dickson Y Dollar N Drenner N Dukes
Ehrhart Y England N Epps Y Everson

E Holt Y Horne N Houston Y Howard Y Hudson N Hugley N Jackson Y Jacobs
James

E Martin E Maxwell Y May E McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell

Y Scott, M Y Sellier Y Setzler N Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sims, F

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3749

Y Black Y Bridges N Brooks
Bruce N Bryant N Buckner
Burkhalter Burns Y Butler Y Byrd N Carter, A Y Carter, B Y Casas Y Chambers Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M N Crawford, R N Davis, H Y Davis, S Y Day

Y Fleming Floyd, H
Y Floyd, J Fludd
E Forster N Franklin N Frazier Y Freeman N Gardner Y Geisinger N Glanton Y Golick N Gordon Y Graves
Greene Y Hamilton
Hanner E Harbin Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A E Holmes

N Jamieson N Jenkins Y Jerguson Y Johnson, C N Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey N Lord E Loudermilk N Lucas Y Lunsford Y Maddox N Mangham E Manning N Marin

E Morgan Y Morris N Mosby Y Mumford N Murphy E Neal Y Nix N Oliver Y O'Neal Y Parham
Parrish Y Parsons Y Peake N Porter Y Powell Y Pruett Y Ralston E Randall N Reece
Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders N Sailor Y Scott, A

N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner E Starr
Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin E Walker N Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, M Y Williams, R N Wix Y Yates
Richardson, Speaker

On the motion, the ayes were 92, nays 58.

The motion prevailed.

The Speaker assumed the Chair.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 148. By Representatives Burkhalter of the 50th and Smith of the 113th:

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 tangible property to or in construction or expansion of an aquarium for a limited period of time; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Senate substitute was read:

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A BILL
To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide for a limited duration exemption with respect to state sales and use tax only for the sale of natural or artificial gas, electricity, or any other energy used directly or indirectly in the manufacture or processing of tangible personal property; to provide for a sales and use tax exemption with respect to the sale of tangible property to or used in construction or expansion of an aquarium in this state 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 taxes, is amended by adding a new paragraph to read as follows:
"(70.1)(A) For the period beginning on January 1, 2008, and ending on December 31, 2008, the sale of natural or artificial gas, electricity, or any other energy used directly or indirectly in the production or processing of tangible personal property at the rate of 25 percent of such total sale or use. (B) 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, 2A, 3, or 4 of this chapter. (C) 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 adopt rules and regulations to carry out the provisions of this paragraph;".
SECTION 2. Said Code section is further amended by revising paragraph (76) as follows:
"(76) Notwithstanding any provision of Code Section 48-8-63 to the contrary, from the effective date of this paragraph June 4, 2003, until January 1, 2007 2011, sales of tangible personal property to, or used in the construction or expansion of, an aquarium in this state owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code;"
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Burkhalter of the 50th moved that the House disagree to the Senate substitute to HB 148.

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 330. By Representative Stephens of the 164th:

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 an effective date contingent on funding; to provide for related matters; to repeal conflicting laws; and for other purposes.

Representative Stephens of the 164th moved that the House insist on its position in disagreeing to the Senate substitute to HB 330 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 Stephens of the 164th, Parrish of the 156th and Carter of the 159th.

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 98.

By Senators Hamrick of the 30th, Mullis of the 53rd, Thomas of the 54th, Heath of the 31st, Staton of the 18th and others:

A BILL to be entitled an Act to amend Titles 16 and 35 of the Official Code of Georgia Annotated, relating to crimes and offenses and law enforcement officers and agencies, respectively, so as to provide the Georgia Bureau of Investigation with the authority to investigate certain offenses against minors,

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including subpoena power; to change provisions relating to the "Computer Pornography and Child Exploitation Act of 1999"; to provide for a definition; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
Representative Mumford of the 95th moved that the House adhere to its position in insisting on its substitute to SB 98 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 Mumford of the 95th, Bearden of the 68th and Ralston of the 7th.
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 275. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to provide a date certain for rules and regulations of the Commissioner of Agriculture used to establish criminal violations; 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, Hooks of the 14th, and Goggans of the 7th.
The Senate insists on its substitutes to the following bills of the House:
HB 162. By Representatives Martin of the 47th, Burkhalter of the 50th and Jones of the 46th:
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, APRIL 19, 2007

3753

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 performing arts amphitheater 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.
HB 186. By Representatives Cole of the 125th, O`Neal of the 146th, Smith of the 129th, Golick of the 34th, Maddox of the 172nd 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 a five-year exemption regarding the sale of tangible personal property to, or used in or for the construction of, a new alternative fuel facility dedicated exclusively to the processing and production of ethanol, biodiesel, and butanol; to provide for definitions; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 208. By Representatives Jones of the 46th, Lindsey of the 54th, Chambers of the 81st, Talton of the 145th and Coan of the 101st:
A BILL to be entitled an Act to amend Code Section 20-2-86 of the Official Code of Georgia Annotated, relating to operation of school councils, so as to provide that the parent members make up a majority on the school council; to provide that the chairperson shall be a parent member; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 219. By Representatives Royal of the 171st, O`Neal of the 146th, Roberts of the 154th and Black of the 174th:
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 prepayments of certain local sales and use taxes with respect to motor fuels; to provide for procedures, conditions, and limitations; to change certain provisions regarding penalties; to change certain provisions regarding taxation of motor fuel; to change certain provisions regarding sales and use tax exemptions regarding motor fuel; to change certain provisions regarding refunds of motor fuel taxes; to change certain provisions regarding the second motor fuel tax; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 225. By Representatives Royal of the 171st, Golick of the 34th, Roberts of the 154th, Keen of the 179th, O`Neal of the 146th and others:

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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 for state income tax purposes, so as to change certain provisions regarding the deduction for contributions to certain college savings plans; to provide an effective date; to provide applicability; to repeal conflicting laws; and for other purposes.
HB 340. By Representatives Richardson of the 19th, Golick of the 34th, Ehrhart of the 36th, Keen of the 179th and Burkhalter of the 50th:
A BILL to be entitled an Act to amend Code Section 49-5-273 of the Official Code of Georgia Annotated, relating to the creation and operation of the PeachCare for Kids Program, so as to revise the threshold income amount for eligibility for PeachCare to 200 percent of the federal poverty level; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 445. By Representative Royal of the 171st:
A BILL to be entitled an Act to amend Code Section 48-5-7.4 of the O.C.G.A., 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 a contingent effective date; to provide for applicability; to provide for contingent repeal; to repeal conflicting laws; and for other purposes.
HB 451. By Representatives Lewis of the 15th, Stephens of the 164th, Parrish of the 156th and Watson of the 91st:
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 taxation, so as to provide for a program of tax refunds for companies creating certain tourism attractions; to provide for a short title; to define terms; to state legislative findings; to provide for conditions of eligibility and approval by the Department of Economic Development and a local government; to provide for agreements between that department and companies; to provide for regulations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

THURSDAY, APRIL 19, 2007

3755

HB 587. By Representatives May of the 111th, Harbin of the 118th, Fleming of the 117th and Roberts of the 154th:
A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to the distribution, storage, and sale of gas, so as to provide for revocation of a certificate of public convenience and necessity if the holder of the certificate has not within five years of receiving the certificate begun construction or operation of any pipeline, or distribution system, or any extension thereof, in substantially all of the territory covered by such certificate; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 748. By Representatives Reese of the 98th, Coleman of the 97th, Coan of the 101st and Sheldon of the 105th:
A BILL to be entitled an Act to authorize the City of Suwanee 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 Senate insists on its amendment to the following bill of the House:
HB 233. By Representatives Ralston of the 7th, Mumford of the 95th, Bearden of the 68th, Oliver of the 83rd and Forster of the 3rd:
A BILL to be entitled an Act to amend Chapter 5 of Title 30 and Code Section 31-8-81 of the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons and definitions for the "Long-term Care Facility Resident Abuse Reporting Act," respectively, so as to revise the definition of the term "exploitation"; to change provisions relating to criminal penalties; 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 505. By Representative Butler of the 18th:
A BILL to be entitled an Act to amend Article 7 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to licensure of adult day centers, so as to authorize the Department of Human Resources to charge fees relating

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to the licensure of adult day centers; to provide for related matters; to provide for a contingent 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 69. By Representative Franklin of the 43rd:
A BILL to be entitled an Act to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records to be kept on drivers in Georgia, so as to prohibit the Department of Driver Services from charging a fee for viewing a driver's record online; 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 bill of the House:
HB 109. By Representatives Black of the 174th, Shaw of the 176th, Carter of the 175th and Hatfield of the 177th:
A BILL to be entitled an Act to amend Chapter 68 of Title 36 of the Official Code of Georgia Annotated, relating to consolidation of a county and municipality through repeal of the charter of the municipality, so as to provide that under certain circumstances a county which contains no municipality shall be deemed to constitute a consolidated government and shall be subject to certain provisions of said chapter; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 330. By Representative Stephens of the 164th:
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 an effective date contingent on funding; to provide for related matters; to repeal conflicting laws; and for other purposes.

THURSDAY, APRIL 19, 2007

3757

The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Carter of the 13th, Hill of the 32nd, and Hawkins of the 49th.
The Senate has adopted the report of the Committee of Conference on the following bill of the Senate:
SB 98. By Senators Hamrick of the 30th, Mullis of the 53rd, Thomas of the 54th, Heath of the 31st, Staton of the 18th and others:
A BILL to be entitled an Act to amend Titles 16 and 35 of the Official Code of Georgia Annotated, relating to crimes and offenses and law enforcement officers and agencies, respectively, so as to provide the Georgia Bureau of Investigation with the authority to investigate certain offenses against minors, including subpoena power; to change provisions relating to the "Computer Pornography and Child Exploitation Act of 1999"; to provide for a definition; to provide for 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 48. By Representatives Chambers of the 81st, Bearden of the 68th and Geisinger of the 48th:
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 redefine certain terms; to repeal conflicting laws; and for other purposes.
HB 214. By Representatives Barnard of the 166th, Smith of the 70th, Stephens of the 164th, Parsons of the 42nd, Lane of the 158th and others:
A BILL to be entitled an Act to amend Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Jekyll Island-- State Park Authority, so as to provide for a renewal of the property lease to the authority; to extend the existence of the authority consistent with such lease renewal; to provide for legislative oversight of the authority; to provide for legislative intent; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 229. By Representatives Harbin of the 118th, Hembree of the 67th and Smith of the 113th:

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A BILL to be entitled an Act to amend Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relating to the lottery for education, so as to impose certain limitations on book allowances and mandatory fee payments under certain circumstances; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 311. By Representatives Fleming of the 117th, Harbin of the 118th, O`Neal of the 146th, Yates of the 73rd, Talton of the 145th and others:
A BILL to be entitled an Act to amend Subpart 10A of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia HERO Scholarship, so as to change the definition of the term "qualifying term of service"; to change the date for qualifying service; to repeal conflicting laws; and for other purposes.
HB 369. By Representatives Rice of the 51st, Lindsey of the 54th, Ehrhart of the 36th, Manning of the 32nd, Butler of the 18th and others:
A BILL to be entitled an Act to provide for legislative findings; to amend Article 2 of Chapter 6 of Title 5 and Chapter 9 of Title 19 of the O.C.G.A., relating to appellate practice and child custody proceedings, respectively, so as to provide for changes in child custody proceedings; to provide for direct appeals in all domestic relations cases; to provide for a parenting plan in child custody cases and the procedure therefor; to provide factors in determining the best interests of the child; to provide for written findings of fact in child custody proceedings; to remove the right of a 14 year old to select a custodial parent; to provide for attorney's fees and expenses of litigation in child custody proceedings; to provide for binding arbitration; to amend Code Section 19-7-22 of the O.C.G.A., relating to petition for legitimation of child, so as to correct a cross-reference; to provide for related matters; to provide for an effective date and applicability; 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.

FRIDAY, APRIL 20, 2007

3759

Representative Hall, Atlanta, Georgia

Friday, April 20, 2007

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:

Abrams Amerson Ashe Barnard Bearden E Beasley-Teague Benton Black Bridges Brooks Bruce Bryant Buckner Burkhalter Burns Butler Byrd Carter, A Carter, B Casas Chambers Channell Cheokas Coan Cole Coleman Collins Cooper Cox Crawford, R Davis, H

Davis, S Day Dempsey Dickson Dollar Drenner Dukes Ehrhart England Everson Fleming Floyd, J Fludd Forster Franklin Frazier Freeman Gardner Glanton Golick Gordon Greene Hamilton Hanner E Harbin Hatfield Heard, J Heard, K Hembree E Henson Hill, C

Hill, C.A E Holmes
Holt E Horne
Houston Howard Hugley Jackson Jacobs James Jamieson Jenkins Jerguson Johnson, C Johnson, T Jones, J Jones, S Kaiser Keen Keown Knight Knox Lakly Lane, B Lane, R Levitas Lewis Lindsey Lord Lucas Lunsford

Maddox Mangham E Manning E Marin Martin E Maxwell May McCall McKillip Meadows Millar Mills Mitchell E Morgan Morris Mumford Murphy Neal Nix Oliver O'Neal Parham Parrish Parsons Peake Porter Pruett Ralston Randall Reece Reese

Rice Roberts Rogers Royal Rynders Scott, A Scott, M Sellier Setzler Sheldon Shipp Sims, B Sims, C Sims, F Smith, B Smith, L Smith, R Smith, T Smyre E Starr Stephens Thomas, B Tumlin Walker Wilkinson Williams, A Williams, E Williams, M 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, Benfield of the 85th, Floyd of the 99th, Geisinger of the 48th, Graves of the 12th, Jordan of the 77th, Loudermilk of the 14th, Powell of the 29th, Shaw of the 176th, Sinkfield of the 60th, Smith of the 129th, StanleyTurner of the 53rd, Stephenson of the 92nd, Talton of the 145th, Teilhet of the 40th, Thomas of the 55th, Watson of the 91st, and Willard of the 49th.

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They wish to be recorded as present. Prayer was offered by Reverend Joseph Roberson, South Columbus United Methodist Church, Columbus, Georgia. The members pledged allegiance to the flag. Representative Lakly of the 72nd, 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 Resolutions of the House were read: HR 958. By Representatives Murphy of the 120th, Howard of the 121st, Sims of the
119th, Frazier of the 123rd and Davis of the 122nd: A RESOLUTION celebrating the life of Ryan Clark; and for other purposes. HR 959. By Representative Smith of the 168th: A RESOLUTION commending Rockingham Pecans; and for other purposes. HR 960. By Representative Cheokas of the 134th:

FRIDAY, APRIL 20, 2007

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A RESOLUTION commending Ellis Wood of Ellis Wood Contracting, Inc., and the Ellis Wood Support Team; and for other purposes.
HR 961. By Representatives May of the 111th and Walker of the 107th:
A RESOLUTION commending the George Walton Academy literacy and music team, one act play and debate teams; and for other purposes.
HR 962. By Representatives Johnson of the 37th, Wix of the 33rd, Teilhet of the 40th, Tumlin of the 38th and Parsons of the 42nd:
A RESOLUTION commending Cobb County Daylily Society; and for other purposes.
HR 963. By Representatives Johnson of the 37th, Wix of the 33rd, Teilhet of the 40th, Tumlin of the 38th and Parsons of the 42nd:
A RESOLUTION commending Arc Cobb; and for other purposes.
HR 964. By Representatives Johnson of the 37th, Wix of the 33rd, Teilhet of the 40th, Tumlin of the 38th and Parsons of the 42nd:
A RESOLUTION commending the Georgia Iris Society and recognizing April 28, 2007, as "Iris Day" in the State of Georgia; and for other purposes.
HR 965. By Representatives Houston of the 170th, Scott of the 153rd and Roberts of the 154th:
A RESOLUTION commending Eunice Mixon; and for other purposes.
HR 966. By Representatives Reese of the 98th and Mills of the 25th:
A RESOLUTION commending Juilett Ronnell Woodward; and for other purposes.
HR 967. By Representatives Reese of the 98th and Mills of the 25th:
A RESOLUTION commending Anna Cleveland; and for other purposes.
HR 968. By Representatives Reese of the 98th and Mills of the 25th:
A RESOLUTION commending Josh Holley; and for other purposes.

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HR 969. By Representatives Reese of the 98th and Mills of the 25th:

A RESOLUTION commending Jennifer McHugh; and for other purposes.

HR 970. By Representatives Smith of the 113th, Heard of the 114th, McKillip of the 115th, Ehrhart of the 36th, Fleming of the 117th and others:

A RESOLUTION commending the University of Georgia Gymnastics Team on winning the 2006 NCAA National Championship; and for other purposes.

HR 971. By Representatives Johnson of the 37th, Wix of the 33rd, Teilhet of the 40th and Tumlin of the 38th:

A RESOLUTION commending Mr. Sam Olens; and for other purposes.

HR 972. By Representatives Johnson of the 37th, Wix of the 33rd, Teilhet of the 40th, Tumlin of the 38th and Parsons of the 42nd:

A RESOLUTION commending the annual Cobb County Prayer Breakfast; and for other purposes.

HR 973. By Representatives Smith of the 113th, Heard of the 114th, McKillip of the 115th, Ehrhart of the 36th, Fleming of the 117th and others:

A RESOLUTION commemorating and recognizing the Uga line of mascots from the University of Georgia; and for other purposes.

HR 974.

By Representatives Mangham of the 94th, Brooks of the 63rd, BeasleyTeague of the 65th, Thomas of the 55th, Abdul-Salaam of the 74th and others:

A RESOLUTION honoring the delegation of legislators from the Republic of Kenya; and for other purposes.

HR 975. By Representatives Abdul-Salaam of the 74th, Johnson of the 75th, Glanton of the 76th, Jordan of the 77th, Starr of the 78th and others:

A RESOLUTION honoring and remembering the life of Robert "Bob" Edward Youmans, Jr.; and for other purposes.

HR 976. By Representatives Day of the 163rd, Amerson of the 9th, Keen of the 179th, Brooks of the 63rd, Stephens of the 164th and others:

FRIDAY, APRIL 20, 2007

3763

A RESOLUTION honoring Madison Noelle Day on the occasion of her first birthday; and for other purposes.
HR 977. By Representatives Peake of the 137th, Freeman of the 140th, O`Neal of the 146th, Willard of the 49th, Oliver of the 83rd and others:
A RESOLUTION recognizing Law Day in the State of Georgia; and for other purposes.
HR 978. By Representatives Mitchell of the 88th and Morgan of the 39th:
A RESOLUTION recognizing and commending Caribbean Americans on the occasion of Caribbean American Heritage Month; and for other purposes.
HR 979. By Representatives Smith of the 113th, Heard of the 114th, McKillip of the 115th, Ehrhart of the 36th, Fleming of the 117th and others:
A RESOLUTION recognizing and commending the University of Georgia Women's Track Team; and for other purposes.
HR 980. By Representatives Mangham of the 94th, Stephenson of the 92nd and Mumford of the 95th:
A RESOLUTION Recognizing Bishop Jim Earl Swilley, founder of Church in the Now; and for other purposes.
HR 981. By Representative Smith of the 168th:
A RESOLUTION recognizing and congratulating Jonathan Peacock on being awarded the 2007 Prudential Spirit of Community Award; and for other purposes.
HR 982. By Representatives Smith of the 113th, Heard of the 114th, McKillip of the 115th, Fleming of the 117th, Floyd of the 147th and others:
A RESOLUTION congratulating the University of Georgia men's tennis team on winning the 2006 Southeastern Conference regular season and tournament championships; and for other purposes.
HR 983. By Representatives Smith of the 113th, Heard of the 114th, McKillip of the 115th, Fleming of the 117th, Floyd of the 147th and others:

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A RESOLUTION congratulating the University of Georgia Men's Golf Team on winning the 2006 Southeastern Conference Championship; and for other purposes.

HR 984. By Representatives Smith of the 113th, Heard of the 114th, McKillip of the 115th, Fleming of the 117th, Floyd of the 147th and others:

A RESOLUTION congratulating the University of Georgia women's Swimming and Diving Team on winning the 2006 Southeastern Conference Championship; and for other purposes.

HR 985. By Representative Smith of the 168th:

A RESOLUTION commending G. Max Gardner, publisher and editor of the Baxley News-Banner; and for other purposes.

HR 986. By Representatives Johnson of the 75th and Jordan of the 77th:

A RESOLUTION commending the Clayton County 2006-2007 STAR student, Larry Armstead, and STAR teacher, Holly Carver; and for other purposes.

HR 987. By Representatives Smyre of the 132nd, Porter of the 143rd, Hugley of the 133rd, Randall of the 138th, Teilhet of the 40th and others:

A RESOLUTION expressing regret at the passing of Myron Roy Blee; and for other purposes.

HR 988. By Representatives Burns of the 157th and Coleman of the 97th:

A RESOLUTION commending April McDaniel; 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black

Y Dempsey Y Dickson Y Dollar
Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming

Y Holt E Horne Y Houston Y Howard
Hudson Hugley Y Jackson Y Jacobs Y James Y Jamieson

Y Martin E Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan

Scott, M Y Sellier Y Setzler
Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C
Sims, F Sinkfield

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Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M Y Crawford, R
Davis, H Y Davis, S Y Day

Floyd, H Y Floyd, J Y Fludd Y Forster
Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A E Holmes

Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T
Jones, J Y Jones, S
Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord
Loudermilk Lucas Y Lunsford Y Maddox Y Mangham E Manning E Marin

Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake
Porter Y Powell
Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Stanley-Turner Y Starr Y Stephens Stephenson Talton Teilhet Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker

On the adoption of the Resolutions, the ayes were 147, nays 0.

The Resolutions were adopted.

By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the Committees:

HB 870. By Representative 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 change the definition of employees of the Board of Regents of the University System of Georgia who may opt not to participate in the Teachers Retirement System of Georgia; to provide that certain persons who elected to participate in the Regents Retirement Plan in lieu of the Teachers Retirement System of Georgia may revoke such election; to provide for application and payment of funds; to increase the employer contribution to the members' accounts in the Regents Retirement Plan; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Retirement.

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HB 871. By Representatives Crawford of the 16th, Jamieson of the 28th, Buckner of the 130th, Reece of the 11th, Porter of the 143rd and others:
A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to Quality Basic Education, so as to provide for program weights to fund licensed driver training instructors in high schools; to change certain provisions relating to grants for driver education courses for secondary school students; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 872. By Representatives Geisinger of the 48th, Lindsey of the 54th, Rice of the 51st, Wilkinson of the 52nd, Millar of the 79th and others:
A BILL to be entitled an Act to amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to horns, exhaust systems, mirrors, windshields, tires, safety belts, and energy absorption systems, so as to provide that the failure to use such safety belts may be evidence of causation, negligence, and contributory negligence; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 873. By Representative Lane of the 167th:
A BILL to be entitled an Act to amend Code Section 47-2-266 of the Official Code of Georgia Annotated, relating to certain judicial employees' membership in the Employees' Retirement System of Georgia and contributions, so as to provide that a person who is a member of such retirement system because of employment as a court administrator may obtain up to four years of creditable service for prior service as a full-time law assistant for a judicial circuit; to provide for contributions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 874. By Representatives Smith of the 113th, Hembree of the 67th, Lewis of the 15th, Royal of the 171st and Floyd of the 147th:
A BILL to be entitled an Act to amend Code Section 20-3-35 of the Official Code of Georgia Annotated, relating to annual reports to the Governor by the

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board of regents, so as to provide for annual reports to the General Assembly; to provide for the contents of such reports; to provide for independent audits; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
HB 875. By Representatives Coleman of the 97th, Bridges of the 10th and Buckner of the 130th:
A BILL to be entitled an Act to amend Code Section 47-2-334 of the Official Code of Georgia Annotated, relating to service retirement allowance, calculation, employee membership contributions, employer contributions, optional membership, conditions, and construction of provision, so as to provide for the continuation of the established benefit formula; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 876. By Representatives Coleman of the 97th, Bridges of the 10th and Buckner of the 130th:
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 under the Teachers Retirement System of Georgia, so as to provide a postretirement benefit increase to certain retired members; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 877. By Representatives Crawford of the 16th, Ashe of the 56th, Reece of the 11th, Buckner of the 130th, Porter of the 143rd and others:
A BILL to be entitled an Act to amend Part 3 of Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to accountability assessment with respect to the Education Coordinating Council, so as to establish averaged freshman graduation rate as an additional performance indicator; to provide for a definition; to require state agencies and local schools and school systems to utilize certain terminology; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Education.
HB 878. By Representatives Crawford of the 16th, Jamieson of the 28th, Buckner of the 130th, Reece of the 11th, Porter of the 143rd and others:
A BILL to be entitled an Act to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income for state income tax purposes, so as to eliminate the limitation on the amount of the earned income allowance with respect to retirement income; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 879. By Representative 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 change the definition of employees of the Board of Regents of the University System of Georgia who may opt not to participate in the Teachers Retirement System of Georgia; to provide that certain persons who elected to participate in the Regents Retirement Plan in lieu of the Teachers Retirement System of Georgia may revoke such election; to increase the employer contribution to the members' accounts in the Regents Retirement Plan; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 880. By Representatives Sheldon of the 105th, Hembree of the 67th, Cox of the 102nd and Dempsey of the 13th:
A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to enact "The Access to Postsecondary Education Instructional Material Act"; to provide for definitions; to provide for requests to publishers for electronic versions of instructional material; to provide for duties of publishers; to provide for counseling, agreement, and reasonable precautions to avoid violating copyright laws; to provide for construction; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.

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HB 881. By Representatives Jones of the 46th, Coleman of the 97th, Lindsey of the 54th, Millar of the 79th, Everson of the 106th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the O.C.G.A., relating to elementary and secondary education, so as to provide for legislative findings and intent; to establish the Georgia Charter Schools Commission; to provide for its powers and duties; to provide for chartering authority for commission charter schools; to provide for approval of cosponsors; to provide for cosponsor agreements; to provide for revocation of approval of cosponsors; to provide for application and review; to provide for applications of existing charter schools; to provide for application of the general laws; to provide for access to information; to provide for an annual report; to provide for duties, powers, and authority of the State Board of Education with respect to the foregoing; to provide for duties of the sponsor; to provide for appeal; to provide for debts of charter schools; to provide for findings; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 882. By Representatives Beasley-Teague of the 65th, Abrams of the 84th, Mitchell of the 88th, Brooks of the 63rd, Howard of the 121st and others:
A BILL to be entitled an Act to amend Code Section 34-4-3 of the Official Code of Georgia Annotated, relating to the amount of minimum wage to be paid by employers, so as to raise the minimum wage; 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 883. By Representatives Franklin of the 43rd, Loudermilk of the 14th, Scott of the 2nd, Hatfield of the 177th, Byrd of the 20th and others:
A BILL to be entitled an Act to amend Code Section 40-6-20 of the Official Code of Georgia Annotated, relating to obedience to traffic-control devices and enforcement by traffic-control signal monitoring devices, so as to change the civil penalty for running a red light; 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.

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HB 884. By Representative Buckner of the 130th:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention, so as to increase the minimum reimbursement rate paid to counties for housing state inmates; 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 885. By Representative Buckner of the 130th:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention, so as to increase the minimum reimbursement rate paid to counties for housing state inmates; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 886. By Representative Buckner of the 130th:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention, so as to increase the minimum reimbursement rate paid to counties for housing state inmates; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 887. By Representative Butler of the 18th:
A BILL to be entitled an Act to amend Chapter 13 of Title 10 of the Official Code of Georgia Annotated, relating to tobacco product manufacturers, so as to provide for the creation of the Tobacco Prevention Master Settlement Agreement Oversight Committee; to provide for its composition, powers, and duties; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 888. By Representatives Oliver of the 83rd, Porter of the 143rd, Hugley of the 133rd, Smyre of the 132nd and Ashe of the 56th:

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A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 21 and Title 45 of the Official Code of Georgia Annotated, relating to public officials conduct and lobbyist disclosure and public officers and employees, respectively, so as to revise provisions regarding gifts; to provide for definitions; to create provisions limiting presents from lobbyists to public officers and others under certain circumstances; to change certain provisions relating to gifts to employees by vendors; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ethics.
HB 889. By Representatives Oliver of the 83rd, Porter of the 143rd, Hugley of the 133rd, Smyre of the 132nd and Ashe of the 56th:
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 provisions regarding conflicts of interest; to change certain provisions relating to the code of ethics for members of boards, commissions, and authorities; to provide the State Ethics Commission with jurisdiction to hear matters related to conflicts of interest; to provide for procedure; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ethics.
HB 890. By Representatives Loudermilk of the 14th and Franklin of the 43rd:
A BILL to be entitled an Act to amend Code Section 40-6-20 of the Official Code of Georgia Annotated, relating to obedience to traffic-control devices and enforcement by traffic-control signal monitoring devices, so as to reduce the civil penalty for running a red light; 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 891. By Representatives Pruett of the 144th, Roberts of the 154th, Hembree of the 67th, Carter of the 175th, Porter of the 143rd and others:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the board of regents, so as to provide for the transfer of positions relating to the Georgia

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Aviation and Technical College; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Higher Education.

HR 956. By Representatives Graves of the 12th, Scott of the 2nd, Lunsford of the 110th, Coan of the 101st, Lewis of the 15th and others:

A RESOLUTION proposing an amendment to the Constitution so as to provide for limitations on state government taxation and expenditures; to provide for a short title; to provide for definitions; to provide for spending limits; to provide for excess revenues; to provide for the authority of the General Assembly with respect to the foregoing; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Ways & Means.

The following Resolution of the House was read and referred to the Committee on Rules:

HR 955. By Representative Burns of the 157th:

A RESOLUTION to create the Effingham County Tax Structure Study Committee; and for other purposes.

The following Bill of the House was taken up for the purpose of considering the Governor's veto thereof:

HB 94. By Representatives Richardson of the 19th, Harbin of the 118th, Golick of the 34th, Burkhalter of the 50th, Keen of the 179th and others:

A BILL to amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2006, and ending June 30, 2007, known as the "General Appropriations Act;" and for other purposes.

Representative Keen of the 179th moved that the House override the Governor's veto of HB 94.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Amerson

Y Dempsey Y Dickson Y Dollar

Y Holt Y Horne Y Houston

Y Martin E Maxwell Y May

Y Scott, M Y Sellier Y Setzler

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Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan N Cole Y Coleman Y Collins Y Cooper Y Cox N Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton N Golick Y Gordon Y Graves Y Greene Y Hamilton Y 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 Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning E Marin

Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor N Scott, A

Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F
Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre
Stanley-Turner Y Starr Y Stephens
Stephenson Y Talton N Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the motion, the ayes were 163, nays 5.

The motion prevailed.

By unanimous consent, HB 94 was ordered immediately transmitted to the Senate.

The Speaker appointed as a Committee of Escort on the part of the House the following members:

Representatives Keen of the 179th, Fleming of the 117th, Burkhalter of the 50th, Porter of the 143rd, Hugley of the 133rd, and Smyre of the 132nd.

The following message was received from the Senate through Mr. Ewing, the Secretary thereof:

Mr. Speaker:

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The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 16. By Representatives Golick of the 34th, Tumlin of the 38th, Lindsey of the 54th, Hatfield of the 177th, Jacobs of the 80th and others:
A BILL to be entitled an Act to amend Code Section 45-1-4 of the Official Code of Georgia Annotated, relating to complaints or information from public employees as to fraud, waste, and abuse in state programs and operations, so as to change certain definitions to include a broader list of employees, officials, and administrators who may be protected by the provisions of this Code section; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 78. By Representatives Royal of the 171st, England of the 108th, McCall of the 30th, Roberts of the 154th, Hill of the 21st and others:
A BILL to be entitled an Act to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, so as to provide for additional acts which shall not constitute a breach of a conservation use covenant; to provide for a definition; to repeal conflicting laws; and for other purposes.
HB 100. By Representatives Hill of the 180th, Lane of the 158th, Williams of the 165th, Knight of the 126th and Burns of the 157th:
A BILL to be entitled an Act to amend Title 27 of the O.C.G.A., 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 commercial fishing license requirement; 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 lawful commercial shrimping devices; to change certain provisions relating to taking of shrimp for noncommercial purposes generally; to repeal conflicting laws; and for other purposes.
HB 118. By Representatives Ehrhart of the 36th, Lane of the 167th, Martin of the 47th and Keen of the 179th:

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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 fifth judge of the superior courts of the Brunswick Judicial Circuit and a tenth judge of the superior courts of the Cobb Judicial Circuit; 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 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 for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 177. By Representatives Scott of the 2nd, Loudermilk of the 14th, Neal of the 1st and Franklin of the 43rd:
A BILL to be entitled an Act to amend Code Section 12-3-621 of the Official Code of Georgia Annotated, relating to protection and regulation of archeological, aboriginal, prehistoric, or historic sites, so as to change the type and manner of notice required to be given to the state archeologist prior to investigating such sites or seeking to recover artifacts; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 286. By Representatives Stephens of the 164th, Parrish of the 156th 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 II controlled substances; to change certain provisions relating to Schedule V controlled substances; to change certain provisions relating to the definition of "dangerous drug"; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 318. By Representatives Benton of the 31st, Coleman of the 97th, Bridges of the 10th, Meadows of the 5th and Maxwell of the 17th:
A BILL to be entitled an Act to amend Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Investment Authority Law," so as to provide that certain foreign corporations shall be deemed to be United States corporations for purposes of investment by public retirement systems; to allow the investment of public retirement system assets in certain real estate trusts; to increase the percentage of the assets of certain public retirement systems that may be invested in foreign

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corporations; to provide that certain public retirement systems may enter into certain contracts, agreements, and other obligations; to repeal conflicting laws; and for other purposes.
HB 321. By Representatives Royal of the 171st and Roberts of the 154th:
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 change certain eligibility requirements with respect to conservation use assessment; to repeal conflicting laws; and for other purposes.
HB 363. By Representatives O`Neal of the 146th and Harbin of the 118th:
A BILL to be entitled an Act to amend Code Section 20-3-519.5 of the Official Code of Georgia Annotated, relating to eligibility requirements for a HOPE grant at a branch of the Georgia Department of Technical and Adult Education, so as to provide that students at Georgia Military College shall be eligible for HOPE grants; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 457. By Representative Rice of the 51st:
A BILL to be entitled an Act to amend Code Section 40-2-60.1 of the Official Code of Georgia Annotated, relating to the administrative process for the issuance of special license plates, so as to provide for the Department of Revenue to process all applications for special license plates requested after July 1, 2007; to provide for minimum requirements; to provide for the commissioner of revenue to promulgate rules and regulations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 471. By Representatives Stephens of the 164th, McCall of the 30th and Rynders of the 152nd:
A BILL to be entitled an Act to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other government entities, so as to prohibit local governments from requiring transfer of the ownership of privately constructed water or sewage systems under certain conditions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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HB 480. By Representatives Marin of the 96th, Floyd of the 99th and Rice of the 51st:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Norcross, Georgia, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 3680), an Act approved March 25, 1996 (Ga. L. 1996, p. 3666), and an Act approved March 24, 1997 (Ga. L. 1997, p. 3517), so as to change the form of government from a mayor-council form of government to a city managercouncil form of government; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 519. By Representatives Geisinger of the 48th, Lindsey of the 54th, Fleming of the 117th, Powell of the 29th, Chambers of the 81st 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 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 for related matters; to repeal conflicting laws; and for other purposes.
HB 527. By Representatives Horne of the 71st, Barnard of the 166th and Mitchell of the 88th:
A BILL to be entitled an Act to amend Article 6 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to agreements for probation services, so as to establish a minimum supervision fee which shall be charged under agreements for private probation supervision services; to authorize the supervision of certain felony offenders pursuant to such agreements for private probation supervision services; to authorize certain probation officers to supervise certain nonviolent felony offenders; to preclude registration fees for private or governmental probation services registering with the County and Municipal Probation Advisory Council; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
HB 547. By Representatives Coleman of the 97th and Rice of the 51st:
A BILL to be entitled an Act to authorize the City of Duluth 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

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provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
HB 648. By Representatives Knox of the 24th, Meadows of the 5th, Maxwell of the 17th and Rogers of the 26th:
A BILL to be entitled an Act to amend Code Section 33-42-4 of the Official Code of Georgia Annotated, relating to definitions for long-term care insurance, so as to provide for changes to certain definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 753. By Representative Carter of the 159th:
A BILL to be entitled an Act to amend an Act creating a charter for the City of Bloomingdale, Georgia, approved March 25, 1974 (Ga. L. 1974, p. 3439), as amended, so as to change certain provisions relating to the city entering into franchise contracts; to repeal conflicting laws; and for other purposes.
HB 761. By Representatives Smith of the 129th and Buckner of the 130th:
A BILL to be entitled an Act to amend an Act placing the coroner of Harris County upon a monthly salary, approved March 10, 1964 (Ga. L. p. 2623), as amended, so as to fix the compensation of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 762. By Representatives Crawford of the 127th and Sellier of the 136th:
A BILL to be entitled an Act to authorize Upson County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
HB 764. By Representative Peake of the 137th:
A BILL to be entitled an Act to create and establish a new charter for Payne City and to define its territorial limits; to create a municipal government; to authorize said city to acquire and own property; to provide for the sale of property; to provide for the present mayor and council; to provide for ordinances; to provide for a mayor and four councilmembers and to prescribe their qualifications, manner of election, term of office, powers, rights, privileges, and duties; to provide for elections; to provide for filling vacancies;

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to provide for a municipal court; to provide for taxation; to authorize said city to regulate businesses, trades, and professions; to provide for zoning; to provide rules and regulations; to provide for a board of health; to provide for the purchase or sale of all public utility services; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 766. By Representatives Smith of the 129th, Smyre of the 132nd, Hugley of the 133rd, Smith of the 131st and Buckner of the 130th:
A BILL to be entitled an Act to amend an Act creating the Muscogee County School District, approved February 25, 1949 (Ga. L. 1949, p. 1086), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4192), so as to exclude routine operation, repair, or maintenance of existing structures, buildings, or real property from the definition of public works construction; to change the maximum amount for which the superintendent of the board of education may make contracts, other than public works construction contracts, for supplies, labor, repairs, and other necessary school purposes, to $15,000.00; to change to $15,000.00 the amount of purchases under public construction contracts that can be expended without affording free competition; to provide for rules and regulations; to provide definitions; to repeal conflicting laws; and for other purposes.
HB 767. By Representatives Williams of the 165th, Barnard of the 166th and Stephens of the 164th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide a homestead exemption from Liberty County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead," approved May 17, 2004 (Ga. L. 2004, p. 3818), so as to define a certain term so that such exemption shall extend to repairs or improvements to the homestead not exceeding 5 percent; to provide for a referendum, effective dates, applicability, and automatic repeal; to repeal conflicting laws; and for other purposes.
HB 768. By Representatives Williams of the 165th, Barnard of the 166th and Stephens of the 164th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide a homestead exemption from Liberty County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead," approved May 17, 2004 (Ga. L. 2004, p.

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3821), so as to define a certain term so that such exemption shall extend to repairs or improvements to the homestead not exceeding 5 percent; to provide for a referendum, effective dates, applicability, and automatic repeal; to repeal conflicting laws; and for other purposes.
HB 788. By Representatives Smith of the 129th and Buckner of the 130th:
A BILL to be entitled an Act to amend an Act providing a homestead exemption from Harris County ad valorem taxes for county purposes for residents who are 65 years of age or over or disabled and meet certain income qualifications, approved April 1, 1994 (Ga. L. 1994, p. 4551), so as to change the qualifications for the exemptions and the amount of the exemption; to provide for applicability of the exemption to ad valorem taxes for educational purposes levied by, for, or on behalf of the Harris County school district; to provide for related matters; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
HB 796. By Representatives Dukes of the 150th, Rynders of the 152nd and Sims of the 151st:
A BILL to be entitled an Act to authorize the City of Albany 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 799. By Representatives Lane of the 158th, Parrish of the 156th and Burns of the 157th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Statesboro, approved March 26, 1987 (Ga. L. 1987, p. 4557), as amended, so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.
HB 804. By Representatives Greene of the 149th, Royal of the 171st and Dukes of the 150th:
A BILL to be entitled an Act to create the South Georgia Regional Information Technology Authority, so as to provide for communication systems projects in Baker, Calhoun, Early, Miller, and Mitchell 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

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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 bondholder remedies and interests, refunding bonds, venue and jurisdiction, and bond validation; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 808. By Representative Hanner of the 148th:
A BILL to be entitled an Act to amend an Act creating a new charter for Georgetown-Quitman County (formerly City of Georgetown and Quitman County), approved by referendum November 7, 2006, so as to change provisions relating to the conflict of laws; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 809. By Representative Jones of the 46th:
A BILL to be entitled an Act to create the City of Milton Public Buildings and 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, to contract payments to the authority 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 provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 810. By Representative Jones of the 46th:
A BILL to be entitled an Act to amend an Act to incorporate the City of Milton in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3554), so as to change the corporate limits; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 811. By Representative Jones of the 46th:

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A BILL to be entitled an Act to amend an Act to incorporate the City of Milton in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3554), so as to provide for certain qualifications for the office of mayor or councilmember; to provide for term limits; to change the compensation for the mayor and councilmembers; to provide for certain nominations; to eliminate the position of executive aide; to provide for the composition of certain boards, commissions, and authorities; to remove certain franchise provisions; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 812. By Representatives Jones of the 46th, Geisinger of the 48th, Willard of the 49th and Martin of the 47th:
A BILL to be entitled an Act to amend an Act to reincorporate the City of Roswell in the County of Fulton, approved April 19, 2000 (Ga. L. 2000, p. 3844), as amended, so as to change the corporate limits; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 813. By Representative Jones of the 46th:
A BILL to be entitled an Act to create the City of Milton Parks and Recreation Authority; to authorize such authority to acquire, construct, equip, maintain, and operate or contract for services to provide athletic and recreational centers, facilities, and areas, including, but not limited to, playgrounds, parks, hiking, camping, and picnicking areas and facilities, swimming and wading pools, lakes, tennis courts, athletic fields and courts, clubhouses, gymnasiums, auditoriums, youth centers, senior citizen centers, stadiums, performing arts centers, cultural centers, related buildings, golf courses, and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities; to acquire parking facilities and parking areas in connection therewith; to provide that bonds be validated as authorized by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law"; to provide for construction; to provide for personnel; to provide for conveyance of property upon dissolution; to repeal conflicting laws; and for other purposes.
HB 827. By Representative Graves of the 12th:
A BILL to be entitled an Act to amend an Act establishing the board of elections and registration for Pickens County, approved April 13, 2001 (Ga. L. 2001, p. 3598), so as to change provisions relating to the terms of office and composition of its members; to change provisions relating to meetings of the

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board; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolutions of the House:
HR 201. By Representatives Lane of the 167th, Williams of the 178th, Pruett of the 144th, Sims of the 169th, Smith of the 168th and others:
A RESOLUTION removing the designation of a portion of Georgia's High Tech Corridor and amending Part II of a Resolution Act approved May 16, 2002 (Ga. L. 2002, p. 1460); and for other purposes.
HR 322. By Representatives Harbin of the 118th, Smith of the 113th and Burkhalter of the 50th:
A RESOLUTION creating the Joint Study Committee on Continuing Education and Collegiate Sports Programs for Students with Disabilities; and for other purposes.
HR 524. By Representative Barnard of the 166th:
A RESOLUTION dedicating the Gerald Dasher Memorial State Farmers' Market; and for other purposes.
The Senate insists on its substitute to the following bill of the House:
HB 148. By Representatives Burkhalter of the 50th and Smith of the 113th:
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 tangible property to or in construction or expansion of an aquarium for a limited period of time; 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 677. By Senators Hill of the 32nd, Fort of the 39th, Davenport of the 44th, Thomas of the 2nd, Balfour of the 9th and others:

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A RESOLUTION urging the boards of trustees of the various public retirement systems in the state not to invest in companies which are included in the terrorism sanctions issued by the Office of Foreign Assets Control of the United States Department of the Treasury pursuant to Executive Order 13224, signed by the President on September 23, 2001, specifically including, but not limited to, any company doing business with or in the Islamic Republic of Iran, Republic of Sudan, Syrian Arab Republic, and Democratic People's Republic of Korea; to encourage divestiture of such investments; and for other purposes.
Representative Keen of the 179th assumed the chair.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 957. By Representatives Smith of the 113th, Ehrhart of the 36th, Burkhalter of the 50th, Heard of the 114th, McKillip of the 115th and others:
A RESOLUTION honoring Larry Munson, the legendary Voice of the Georgia Bulldogs, and inviting him to appear before the House of Representatives; and for other purposes.
Representative Keen of the 179th announced the House in recess until 1:00 o'clock, this afternoon.

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AFTERNOON SESSION
The Speaker Pro Tem 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 510. By Representatives Channell of the 116th and Parrish of the 156th:
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 change certain provisions relating to prohibitions against operation of certain vessels on Lake Oconee; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 518. By Representative Rice of the 51st:
A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide for a definition of a commercial motor vehicle; to provide for expiration of license plates issued to manufacturers, distributors, and dealers; to provide for annual and staggered registration by dealers, manufacturers, and transporters; to provide for the suspension or revocation of commercial motor vehicles when not in compliance with federal safety regulations; to provide for fees; to change the time limit for registration applications from 90 to 30 days; to provide for cancellation of certificates of title for vehicles designated for scrap metal or to be dismantled or demolished; to provide for applicability; to provide for effective dates; to repeal conflicting laws; and for other purposes.
HB 467. By Representative Hembree of the 67th:
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 in Georgia, so as to provide for course credit for entering freshmen students who have successfully completed the international baccalaureate diploma program; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 855 HB 856 HB 857 HB 858 HB 859 HB 860 HB 861 HB 862 HB 863 HB 864 HB 865 HB 866

HB 867 HB 868 HB 869 HR 858 HR 881 HR 882 HR 885 HR 886 HR 887 HR 888 HR 900 SR 445

Representative Rynders of the 152nd District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

Your Committee on Intragovernmental Coordination - 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 853 Do Pass SB 301 Do Pass, by Substitute

SB 322 Do Pass SB 323 Do Pass

Respectfully submitted, /s/ Rynders of the 152nd
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR FRIDAY, APRIL 20, 2007

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 40th Legislative Day as enumerated below:

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HR 49 HR 205
HR 350 HR 352 HR 375 HR 412
HR 427 HR 512 HR 662 HR 663 HR 666 HR 668 HR 721 HR 790

UNCONTESTED HOUSE/SENATE RESOLUTIONS
House Mental Health Professionals Study Committee; create (H&HSRoyal-171st) Rules Committee Substitute House Study Committee on Cellular Phone Contract, Billing, and Rebate Practices; create (Substitute)(EU&T-Smith-113th) Rules Committee Substitute Joint Study Committee on the State Health System; create (H&HS-Harbin118th) Rules Committee Substitute House Study Committee on Eyewitness Identification Procedures; create (Substitute)(JudyNC-Benfield-85th) Rules Committee Substitute House Study Committee on Prison System Terrorist Recruitment; create (SI&P-Scott-2nd) Rules Committee Substitute Joint Study Committee on Layperson Training in Automated External Defibrillators; create (Substitute)(H&HS-Wilkinson-52nd) Rules Committee Substitute House Self-employment Assistance Program; create (IndR-Fludd-66th) Rules Committee Substitute Joint Study Committee on State Health Benefit Plan Design; create (GAffScott-153rd) Rules Committee Substitute House Georgia Bioeconomic Development Study Committee; create (Substitute)(SRules-Byrd-20th) Rules Committee Substitute House Study Committee on Pain Management; create (H&HS-Carter159th) Rules Committee Substitute House Study Committee on a Flexible Work Week; create (IndR-Ehrhart36th) Rules Committee Substitute House Study Committee on Medical Education; create (HEd-Fleming117th) House Study Committee to incentivize indigent health care by physicians; create (H&HS-Cooper-41st) Rules Committee Substitute House Study Committee on Chronic Kidney Disease; create (H&HSMaddox-172nd) Rules Committee Substitute

DEBATE CALENDAR

Open Rule

SB 14 SB 19
SB 94

Superior Court Clerks; personal property filing fees; collection/remittance; change sunset dates (Judy-Byrd-20th) Rogers-21st Transportation, Department of; pay costs of removal, relocation, or adjustment of utility facilities necessitated by construction of public roads (Trans-Graves-12th) Whitehead, Sr.-24th Dispossessory Proceedings; clarify the process for judgments by defaults (Substitute)(Judy-Knox-24th) Wiles-37th

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SB 96 SB 100
SB 123 SB 135
SB 222 SB 236 SB 251
SB 280 SR 246 SR 365

Drug-Free Work Programs; provide for onsite/oral testing (IndR-McKillip115th) Golden-8th Crime; knowingly manufacturing, selling, or distributing false identification documents; increase certain penalties (JudyNC-Lunsford110th) Pearson-51st Local Boards of Education; require twins placed in same classroom if parent requests (Substitute)(Ed-Maxwell-17th) Rogers-21st Criminal Reproduction/Sale of Recorded Material; increase penalties; provide forfeiture of certain items (Substitute)(JudyNC-Lunsford-110th) Hamrick-30th Advanced Practice Registered Nurse; revise definition; licensed registered nurse (H&HS-Cooper-41st) Grant-25th Georgia Personal Identity Protection Act; state agencies; breach of security; personal information (Substitute)(JudyNC-Lunsford-110th) Rogers-21st Motor Vehicles; require establishment by Dept. of Revenue of internet website for stolen/towed motor vehicles (Substitute)(MotV-Hembree-67th) Thompson-5th Georgia Technology Authority; provide for construction/interpretation of the Code section (SI&P-Barnard-166th) Moody-56th Indigent Defense; create Joint Study Committee (Substitute)(Judy-Tumlin38th) Wiles-37th Transportation Funding; create joint study committee (Trans-Smith-129th) Mullis-53rd

Modified Open Rule

SB 10

Georgia Special Needs Scholarship Act; provide public school students with disabilities to attend eligible private schools (Substitute)(Ed-Casas103rd) Johnson-1st

Modified Structured Rule

SB 40 SB 188
SB 212

Elections; fraudulent acts; increase penalties (Substitute)(JudyNCLunsford-110th) Staton-18th Foster Parents Bill of Rights; children who are privately placed; provide administrative hearing for aggrieved parties (Substitute)(Judy-Willard49th) Thompson-33rd Public Records; disclosure to the news media; public employees (Substitute)(Judy-Willard-49th) Balfour-9th

Structured Rule

SB 83

Municipalities; change certain local government provisions (Substitute)(GAff-Millar-79th) Weber-40th

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SB 148

Saving the Cure Act; create the Newborn Umbilical Cord Blood Bank for postnatal tissue and fluid; Georgia Commission for Saving the Cure (Substitute)(S&T-Amerson-9th) Shafer-48th

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 49. By Representatives Royal of the 171st, Floyd of the 147th, Channell of the 116th, Parrish of the 156th, Stephens of the 164th and others:

A RESOLUTION creating the House Mental Health Professionals Study Committee; and for other purposes.

The following substitute, offered by the Committee on Rules, was read:

A RESOLUTION

Creating the House Mental Health Professionals Study Committee; and for other purposes.

WHEREAS, many states have undertaken efforts at reforming and improving the financing and delivery of mental health services; and

WHEREAS, availability of a sufficient number of qualified, licensed mental health professionals is a critical foundation to the success of any system designed to improve the quality of such services; and

WHEREAS, there is a need to examine these issues to determine if legislative action is needed to identify the shortage of mental health professionals in Georgia and ways to increase their numbers and maximize their ability to provide the best mental health services.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Mental Health Professionals Study Committee to be composed of five members of the House of Representatives to be appointed by the

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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 two additional days are authorized by the Speaker. 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, 2007. The committee shall stand abolished on December 1, 2007.
The following amendment was read and adopted:
Representative Ehrhart of the 36th moves to amend the Rules Committee substitute to HR 49 as follows:
Page 1, Line 12, change five to six.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the adoption of the Resolution was agreed to, by substitute, as amended.
HR 205. By Representatives Smith of the 113th and Burkhalter of the 50th:
A RESOLUTION creating the House Study Committee on Cellular Phone Contract, Billing, and Rebate Practices; and for other purposes.
The following Committee substitute was read and withdrawn:
A RESOLUTION
Creating the House Study Committee on Cellular Phone Contract, Billing, and Rebate Practices; and for other purposes.

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WHEREAS, more than 200 million Americans use cellular phones; and
WHEREAS, Federal Communications Commission (FCC) data reveals that customers filed 25,942 complaints about wireless telecommunications in 2005, and more than half of these complaints were billing and rate related; and
WHEREAS, data from the Council of Better Business Bureaus (CBBB) shows that customers filed 31,671 complaints about cell phone companies in 2005, indicating that the cell phone service and supplies business was the most complained about business in the United States; and
WHEREAS, it is a common practice in the cell phone industry to lock consumers into long-term contracts, which may account for some of the complaints; and
WHEREAS, a study should be conducted to investigate the contract, billing, and rebate practices of the cellular phone industry in Georgia, how it affects the citizens of this state, and other related issues.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on Cellular Phone Contract, Billing, and Rebate Practices to be composed of five members of the House of Representatives presently serving on the House Committee on Energy, Utilities and Telecommunications. One member shall be the present chairperson of the House Committee on Energy, Utilities and Telecommunications or a designee thereof. The other members of the committee shall be appointed by the Speaker of the House of Representatives. 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.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and shall recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. 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 31, 2007. The committee shall stand abolished on December 31, 2007.

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The following substitute, offered by the Committee on Rules, was read:
A RESOLUTION
Creating the House Study Committee on Cellular Phone Contract, Billing, and Rebate Practices; and for other purposes.
WHEREAS, more than 200 million Americans use cellular phones; and
WHEREAS, Federal Communications Commission (FCC) data reveals that customers filed 25,942 complaints about wireless telecommunications in 2005, and more than half of these complaints were billing and rate related; and
WHEREAS, data from the Council of Better Business Bureaus (CBBB) shows that customers filed 31,671 complaints about cell phone companies in 2005, indicating that the cell phone service and supplies business was the most complained about business in the United States; and
WHEREAS, it is a common practice in the cell phone industry to lock consumers into long-term contracts, which may account for some of the complaints; and
WHEREAS, a study should be conducted to investigate the contract, billing, and rebate practices of the cellular phone industry in Georgia, how it affects the citizens of this state, and other related issues.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on Cellular Phone Contract, Billing, and Rebate Practices to be composed of five members of the House of Representatives. The other members of the committee shall be appointed by the Speaker of the House of Representatives. 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.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and shall recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. The allowances authorized by this resolution shall not be received by any member of the committee for more than three days unless two additional days are authorized by the Speaker. The funds necessary to

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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, 2007. The committee shall stand abolished on December 31, 2007.
The following amendment was read and adopted:
Representative Ehrhart of the 36th moves to amend the Rules Committee substitute to HR 205 as follows:
Page 1, Line 18, change five to six.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the adoption of the Resolution by substitute, was agreed to, by substitute, as amended.
HR 350. By Representatives Harbin of the 118th, Butler of the 18th, Ehrhart of the 36th, Stephens of the 164th, Parrish of the 156th and others:
A RESOLUTION creating the Joint Study Committee on the State Health System; and for other purposes.
The following substitute, offered by the Committee on Rules, was read:
A RESOLUTION
Creating the House Study Committee on the State Health System; and for other purposes.
WHEREAS, Georgia has a rich personal and public health heritage, the latter dating to the founding years of the Georgia colony; and
WHEREAS, Georgia wishes to continue that heritage by strengthening the state's health infrastructure from health professional education through quality personal and public health services available to all citizens; and
WHEREAS, the Georgia health system must respond to new and serious national health emergencies, a growing population, the threat of infectious pandemics and new infectious diseases, environmental hazards, increasing numbers of uninsured persons, decreased funding from all sources, and dangerously significant variations in core public health protection and access to services between counties and regions; and

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WHEREAS, the delivery of behavioral health and developmental services to those individuals with serious disabling conditions is an essential component of any state health system; and
WHEREAS, the mission of advancing and protecting the health of the public can most efficiently and effectively be addressed through a collaborative process involving representatives of state, county, and community health agencies; private health professionals, hospitals, and health facilities; emergency management and homeland security; the Georgia Municipal Association; the Association County Commissioners of Georgia; and foundations and other groups focused on improving health; and
WHEREAS, Georgia's health system is fragmented in that certain health functions, including public health and mental health, developmental disabilities, and addictive diseases, are assigned to the Department of Human Resources and the administration of the Medicaid program and certain other health functions are assigned to the Department of Community Health.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on the State Health System to be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The Speaker of the House of Representatives shall designate a member of the House 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 conditions, needs, issues, and problems of the state health system and its infrastructure and recommend any actions or legislation that the committee deems necessary or appropriate. The committee shall hear from experts and key leaders from various health areas including, but not limited to, public health and mental health, developmental disabilities, and addictive diseases, and recommend any actions or legislation that 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 three days unless two additional days are authorized by the Speaker. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives. Additional funding may be sought from foundations desiring to support the work of the committee. Foundations and other organizations may assist the committee in ways approved by the committee including, but not limited to, sponsoring public hearings on certain health issues and providing white papers. In the event that the committee makes a report of its findings and recommendations with suggestions for proposed legislation, if

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any, such report shall be made on or before December 31, 2007. The committee shall stand abolished on December 31, 2007.
The following amendment was read and adopted:
Representative Ehrhart of the 36th moves to amend the Rules Committee substitute to HR 350 as follows:
Page 2, Line 5, change five to six.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the adoption of the Resolution was agreed to, by substitute, as amended.
HR 352. By Representatives Benfield of the 85th, Mumford of the 95th, Everson of the 106th, Mangham of the 94th, Abrams of the 84th and others:
A RESOLUTION creating the House Study Committee on Eyewitness Identification Procedures; and for other purposes.
The following Committee substitute was read and withdrawn:
A RESOLUTION
Creating the House Study Committee on Eyewitness Identification Procedures; and for other purposes.
WHEREAS, eyewitness error is the leading cause of mistaken convictions; and
WHEREAS, cases of mistaken convictions due to eyewitness misidentification have resulted in actual perpetrators remaining free to commit more crimes; and
WHEREAS, the goal of a police investigation is to identify perpetrators accurately and apprehend the true perpetrators of crimes; and
WHEREAS, scientific studies of eyewitness memory have demonstrated that eyewitness evidence is, like trace physical evidence, susceptible to contamination if not handled properly; and
WHEREAS, well-intentioned witnesses and authorities acting in good faith may sometimes inadvertently undermine the accuracy of an identification procedure unless appropriate safeguards are in place; and

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WHEREAS, extensive scientific research has shown that alternative methods of conducting identification procedures greatly enhance eyewitness identification accuracy; and
WHEREAS, this state has a compelling interest in assuring that appropriate eyewitness identification procedures are utilized in this state.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on Eyewitness Identification Procedures to be composed of five members of the House of Representatives to be appointed by the Speaker of the House, one of whom shall be designated 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 problems mentioned above or related thereto and recommend any actions including, but not limited to, best practices for eyewitness identification procedures and evidentiary standards for admissibility of eyewitness identifications, 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. 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 the convening of the 2008 session of the General Assembly, at which time the committee shall stand abolished.
The following substitute, offered by the Committee on Rules, was read:
A RESOLUTION
Creating the House Study Committee on Eyewitness Identification Procedures; and for other purposes.
WHEREAS, eyewitness error is the leading cause of mistaken convictions; and
WHEREAS, cases of mistaken convictions due to eyewitness misidentification have resulted in actual perpetrators remaining free to commit more crimes; and

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WHEREAS, the goal of a police investigation is to identify perpetrators accurately and apprehend the true perpetrators of crimes; and
WHEREAS, scientific studies of eyewitness memory have demonstrated that eyewitness evidence is, like trace physical evidence, susceptible to contamination if not handled properly; and
WHEREAS, well-intentioned witnesses and authorities acting in good faith may sometimes inadvertently undermine the accuracy of an identification procedure unless appropriate safeguards are in place; and
WHEREAS, extensive scientific research has shown that alternative methods of conducting identification procedures greatly enhance eyewitness identification accuracy; and
WHEREAS, this state has a compelling interest in assuring that appropriate eyewitness identification procedures are utilized in this state.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on Eyewitness Identification Procedures to be composed of five members of the House of Representatives to be appointed by the Speaker of the House, one of whom shall be designated 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 problems mentioned above or related thereto and recommend any actions including, but not limited to, best practices for eyewitness identification procedures and evidentiary standards for admissibility of eyewitness identifications, 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 three days unless two additional days are authorized by the Speaker. 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 the convening of the 2008 session of the General Assembly, at which time the committee shall stand abolished.
The following amendment was read and adopted:

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Representative Ehrhart of the 36th moves to amend the Rules Committee substitute to HR 352 as follows:
Page 1, Line 20, change five to six.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the adoption of the Resolution by substitute, was agreed to, by substitute, as amended.
HR 375. By Representatives Scott of the 2nd, Barnard of the 166th, Cheokas of the 134th, Lewis of the 15th and Knox of the 24th:
A RESOLUTION creating the House Study Committee on Prison System Terrorist Recruitment; and for other purposes.
The following substitute, offered by the Committee on Rules, was read:
A RESOLUTION
Creating the House Study Committee on Prison System Terrorist Recruitment; and for other purposes.
WHEREAS, the events of September 11, 2001, have changed our world and the ways in which we must assess and protect our security; and
WHEREAS, there exists a body of evidence indicating that there may be ongoing recruitment of terrorists from within our prison population; and
WHEREAS, certain prison ministry studies tend to confirm that such recruitment may be occurring; and
WHEREAS, there is a need for a legislative study of this subject in general and in particular for an examination of prison system visitation practices to determine whether such practices facilitate terrorist recruitment from the prison population.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on Prison System Terrorist Recruitment 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.

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BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any action or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. The allowances authorized by this resolution shall not be received by any member of the committee for more than three days unless two additional days are authorized by the Speaker. 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, 2007. The committee shall stand abolished on December 31, 2007.
The following amendment was read and adopted:
Representative Ehrhart of the 36th moves to amend the Rules Committee substitute to HR 375 as follows:
Page 1, line 14, change five to six.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the adoption of the Resolution was agreed to, by substitute, as amended.
HR 412. By Representatives Wilkinson of the 52nd, Cooper of the 41st, Dempsey of the 13th, Sims of the 119th, Jackson of the 161st and others:
A RESOLUTION creating the Joint Study Committee on Layperson Training in Automated External Defibrillators; and for other purposes.
The following Committee substitute was read and withdrawn:
A RESOLUTION
Creating the House Study Committee on Layperson Training in CPR and Automated External Defibrillators; and for other purposes.
WHEREAS, heart disease is a leading cause of death in Georgia; and

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WHEREAS, a cardiac arrest victim's chance of survival drops 10 percent for every minute that passes before his or her heart is returned to normal rhythm; and
WHEREAS, because most cardiac arrest victims are initially in ventricular fibrillation, and the only treatment for ventricular fibrillation is defibrillation, prompt access to defibrillation to return the heart to normal rhythm is essential; and
WHEREAS, lifesaving technology, the automated external defibrillator, has been developed to allow trained lay rescuers to respond to cardiac arrest by using this simple device to shock the heart into normal rhythm; and
WHEREAS, those people who are likely to be first on the scene of a cardiac arrest situation in many communities, particularly smaller and rural communities, lack sufficient numbers of automated external defibrillators to respond to cardiac arrest in a timely manner; and
WHEREAS, the American Heart Association estimates that many deaths could be prevented each year if defibrillators were more widely available; and
WHEREAS, increasingly more government entities and private businesses are procuring and making available automated external defibrillators for use by laypersons when an emergency occurs, and because of the prevalence of these defibrillators, it has been encouraged that all able persons obtain training on their use; and
WHEREAS, a study should be conducted to identify ways to encourage laypersons to receive training and certification in the use of automated external defibrillators in this state, including, but not limited to, possible mandatory courses or portions of courses in other classes, such as health, in the use of automated external defibrillators in public high schools, inclusion of training in defibrillators in required driver's education courses, reduction in rates in automobile insurance, reduction of fees in obtaining a driver's license, and other possible ideas.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on Layperson Training in CPR and Automated External Defibrillators to be composed of three members of the House of Representatives to be appointed by the Speaker. 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 Speaker of the House of Representatives shall appoint an advisory panel to assist the members of the committee. The advisory panel shall consist of seven members as follows: one representative from the Medical Association of Georgia, one representative from the Georgia Hospital Association, one

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3801

representative from the Georgia Association of Emergency Medical Services; and one representative each from the Department of Education, Department of Human Resources, Department of Community Health, and Department of Driver Services.
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 authorized for legislative members of interim legislative committees but shall receive the same for not more than five days. Members of the advisory panel shall receive no compensation for their services to the committee and shall not be reimbursed for expenses incurred by them in the performance of their duties as advisers to the committee. 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 for proposed legislation, such report shall be made no later than December 31, 2007. The committee shall stand abolished on December 31, 2007.
The following substitute, offered by the Committee on Rules, was read:
A RESOLUTION
Creating the House Study Committee on Layperson Training in CPR and Automated External Defibrillators; and for other purposes.
WHEREAS, heart disease is a leading cause of death in Georgia; and
WHEREAS, a cardiac arrest victim's chance of survival drops 10 percent for every minute that passes before his or her heart is returned to normal rhythm; and
WHEREAS, because most cardiac arrest victims are initially in ventricular fibrillation, and the only treatment for ventricular fibrillation is defibrillation, prompt access to defibrillation to return the heart to normal rhythm is essential; and
WHEREAS, lifesaving technology, the automated external defibrillator, has been developed to allow trained lay rescuers to respond to cardiac arrest by using this simple device to shock the heart into normal rhythm; and
WHEREAS, those people who are likely to be first on the scene of a cardiac arrest situation in many communities, particularly smaller and rural communities, lack

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sufficient numbers of automated external defibrillators to respond to cardiac arrest in a timely manner; and
WHEREAS, the American Heart Association estimates that many deaths could be prevented each year if defibrillators were more widely available; and
WHEREAS, increasingly more government entities and private businesses are procuring and making available automated external defibrillators for use by laypersons when an emergency occurs, and because of the prevalence of these defibrillators, it has been encouraged that all able persons obtain training on their use; and
WHEREAS, a study should be conducted to identify ways to encourage laypersons to receive training and certification in the use of automated external defibrillators in this state, including, but not limited to, possible mandatory courses or portions of courses in other classes, such as health, in the use of automated external defibrillators in public high schools, inclusion of training in defibrillators in required driver's education courses, reduction in rates in automobile insurance, reduction of fees in obtaining a driver's license, and other possible ideas.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on Layperson Training in CPR and Automated External Defibrillators to be composed of three members of the House of Representatives to be appointed by the Speaker. 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 Speaker of the House of Representatives shall appoint an advisory panel to assist the members of the committee. The advisory panel shall consist of seven members as follows: one representative from the Medical Association of Georgia, one representative from the Georgia Hospital Association, one representative from the Georgia Association of Emergency Medical Services; and one representative each from the Department of Education, Department of Human Resources, Department of Community Health, and Department of Driver Services.
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 authorized for legislative members of interim legislative committees but shall receive the same for not more than three days unless an additional two days are authorized by the Speaker.

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3803

Members of the advisory panel shall receive no compensation for their services to the committee and shall not be reimbursed for expenses incurred by them in the performance of their duties as advisers to the committee. 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 for proposed legislation, such report shall be made no later than December 31, 2007. The committee shall stand abolished on December 31, 2007.
The following amendment was read and adopted:
Representative Ehrhart of the 36th moves to amend the Rules Committee substitute to HR 412 as follows:
Page 2, Line 10, change three to four.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the adoption of the Resolution by substitute, was agreed to, by substitute, as amended.
HR 427. By Representatives Fludd of the 66th, Manning of the 32nd, Coan of the 101st, Black of the 174th, Starr of the 78th and others:
A RESOLUTION creating the House Self-employment Assistance Program; and for other purposes.
The following substitute, offered by the Committee on Rules, was read:
A RESOLUTION
Creating the House Self-employment Assistance Program; and for other purposes.
WHEREAS, self-employment assistance offers dislocated workers the opportunity for early reemployment; and
WHEREAS, the program is designed to encourage and enable unemployed workers to create their own jobs by starting their own small businesses; and
WHEREAS, under these programs, states can pay a self-employed allowance, instead of regular unemployment insurance benefits, to help unemployed workers while they are establishing businesses and becoming self-employed; and

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WHEREAS, this is a voluntary program for states and seven states have developed selfemployment assistance programs.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Self-employment Assistance 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 two additional days are authorized by the Speaker. 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, 2007. The committee shall stand abolished on December 1, 2007.
The following amendment was read and adopted:
Representative Ehrhart of the 36th moves to amend the Rules Committee substitute to HR 427 as follows:
Page 1, Line 13, change five to six.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the adoption of the Resolution was agreed to, by substitute, as amended.
HR 512. By Representatives Scott of the 153rd, Houston of the 170th, Meadows of the 5th and Dollar of the 45th:
A RESOLUTION creating the Joint Study Committee on State Health Benefit Plan Design; and for other purposes.

FRIDAY, APRIL 20, 2007

3805

The following substitute, offered by the Committee on Rules, was read:
A RESOLUTION
Creating the House Study Committee on State Health Benefit Plan Design; 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, there is a need to 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 House Study Committee on State Health Benefit Plan Design to be composed of five members appointed by the Speaker of the House of Representatives. The Speaker shall appoint one of the members as chairperson. The committee shall meet on 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 that 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 committee shall meet not more than three days unless additional days are authorized by the Speaker. 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. All funds necessary to carry out the provisions of this resolution shall come from 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, 2007. The committee shall stand abolished on December 31, 2007.
The following amendment was read and adopted:

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Representative Ehrhart of the 36th moves to amend the Rules Committee substitute to HR 512 as follows:
Page 1, Line 14, change five to six.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the adoption of the Resolution was agreed to, by substitute, as amended.
HR 662. By Representatives Byrd of the 20th, England of the 108th, Davis of the 122nd, McCall of the 30th and Stephens of the 164th:
A RESOLUTION creating the House Georgia Bioeconomic Development Study Committee; and for other purposes.
The following Committee substitute was read and withdrawn:
A RESOLUTION
Creating the House Georgia Bioeconomic Development Study Committee; and for other purposes.
WHEREAS, bioscience technologies form the foundation of a new bioeconomy and are driving innovations in healthcare, agriculture, renewable energy resources, industrial production, environmental management, and national security; and
WHEREAS, Georgia has established tremendous university research and industrial developments which are necessary to be a leader among the many states that are already constructing infrastructures for a bioeconomy; and
WHEREAS, in the twenty-first century bioeconomy race, the competition is intense for both innovative ideas and the capital and talent to commercialize them, and while Georgia has successfully built research universities that are globally competitive, the state has failed to support commercializing the technologies that spring from such valuable inspirations; and
WHEREAS, this state loses potential return on its research investment to other states that have developed plans and infrastructures to support bioeconomic development; and
WHEREAS, this state cannot afford to leave the development of a bioeconomy to chance, for each year Georgia fails to act, the state falls further behind the competition and Georgia loses its substantial investment in university research programs; and

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3807

WHEREAS, Georgia is also missing the opportunity to take advantage of its investment in its students by failing to link science with meaningful careers in Georgia and this vital human resource is often lost to other states which offer such career opportunities; and
WHEREAS, in order to maximize the return on this state's research assets, improve workforce education and attract technologies and companies from outside the state, Georgia must be an aggressive partner with the private sector; and
WHEREAS, it is predicted that improvements in Georgia's bioeconomic infrastructures would create 25,000 to 50,000 jobs in Georgia over the next 20 years; and
WHEREAS, to become a leader in the bioeconomy Georgia must unite government, industry, and universities together in a comprehensive effort, thereby tying the state's investments in university research, commercialization, and economic development to measurable improvements in job growth, increases in tax revenues, and improvements in education, health, and the overall quality of life for all of Georgia's citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Georgia Bioeconomic Development Study Committee. The committee shall consist of five members representing the life sciences industry, government, and universities who shall be appointed by the Speaker of the House of Representatives. Of these five members, there shall be at least one each of the following: a member of a public or private university with experience in the area of biological research, an individual experienced in the business of bioscience technologies, and three members of the House of Representatives. The Speaker of the House of Representatives shall appoint the chairperson. Appointments shall be made by the respective appointing authorities no later than June 1, 2007. The committee shall meet at least five times per year at the call of the chairperson or upon the request of at least three of its members. At least one meeting shall be designated as a summit hosted by the committee which shall be held no later than August 2007. The bioeconomic summit shall bring together government, university, and industry leaders in an attempt to negotiate the details of enabling legislation and endorse its legislative proposals for the 2008 session of the Georgia General Assembly.
BE IT FURTHER RESOLVED that the committee shall have the following duties and responsibilities:
(1) To review the need for enabling legislation and make recommendations, if any, for improvements in existing provisions to the Georgia General Assembly; (2) To study the need for a venture capital fund that would invest in creating, expanding, and recruiting companies and technologies in Georgia and make recommendations regarding the same; (3) To study the need for a facilities fund for the creation of infrastructure to support bioscience industry growth and to make recommendations regarding the same;

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(4) To study the need for the establishment of a commercialization institute to attract and train managerial talent, to coordinate life sciences workforce training, and to be a single point of contact for the cooperation of government, universities, and industry in building the bioeconomy and to make recommendations regarding the same; (5) To consider the need for a state authority for bioeconomic development in Georgia which may be designated the Georgia Bioeconomic Development Authority; and (6) To consider the need for a permanent board to oversee the operations of a Georgia Bioeconomic Development Authority. Other matters to be considered by the committee shall include the study of public awareness of bioeconomic development, funding of an authority, support for biomedical research, legal implications such as intellectual property rights of the state and the researchers whose research is supported or funded with state funds, objective criteria for measuring increased economic activity, and funding considerations including private sources for funding.
BE IT FURTHER RESOLVED that the committee shall identify the opportunities presented by BIO 2009 International Convention as a showcase to the global community of the state's life sciences industry and initiatives in healthcare, agriculture, bioenergy, forestry, environmental management, and national security. The committee shall develop an analysis to consider allocating sufficient funding for the state to participate in the conference and take advantage of this economic opportunity with the added goal of placing Georgia and Atlanta in a four-year rotation as host of this international convention, the largest life sciences conference in the world.
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 not receive the allowances authorized for legislative members of interim legislative committees nor shall any member receive a per diem allowance or any other cost allowance or reimbursement for attending meetings or other functions or activities relating to service on the study 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, 2007. Copies of the report shall be provided to the Speaker of the House. The committee shall stand abolished on February 15, 2008.
The following substitute, offered by the Committee on Rules, was read:
A RESOLUTION
Creating the House Georgia Bioeconomic Development Study Committee; and for other purposes.

FRIDAY, APRIL 20, 2007

3809

WHEREAS, bioscience technologies form the foundation of a new bioeconomy and are driving innovations in healthcare, agriculture, renewable energy resources, industrial production, environmental management, and national security; and
WHEREAS, Georgia has established tremendous university research and industrial developments which are necessary to be a leader among the many states that are already constructing infrastructures for a bioeconomy; and
WHEREAS, in the twenty-first century bioeconomy race, the competition is intense for both innovative ideas and the capital and talent to commercialize them, and while Georgia has successfully built research universities that are globally competitive, the state has failed to support commercializing the technologies that spring from such valuable inspirations; and
WHEREAS, this state loses potential return on its research investment to other states that have developed plans and infrastructures to support bioeconomic development; and
WHEREAS, this state cannot afford to leave the development of a bioeconomy to chance, for each year Georgia fails to act, the state falls further behind the competition and Georgia loses its substantial investment in university research programs; and
WHEREAS, Georgia is also missing the opportunity to take advantage of its investment in its students by failing to link science with meaningful careers in Georgia and this vital human resource is often lost to other states which offer such career opportunities; and
WHEREAS, in order to maximize the return on this state's research assets, improve workforce education and attract technologies and companies from outside the state, Georgia must be an aggressive partner with the private sector; and
WHEREAS, it is predicted that improvements in Georgia's bioeconomic infrastructures would create 25,000 to 50,000 jobs in Georgia over the next 20 years; and
WHEREAS, to become a leader in the bioeconomy Georgia must unite government, industry, and universities together in a comprehensive effort, thereby tying the state's investments in university research, commercialization, and economic development to measurable improvements in job growth, increases in tax revenues, and improvements in education, health, and the overall quality of life for all of Georgia's citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Georgia Bioeconomic Development Study Committee. The committee shall consist of five members representing the life sciences industry, government, and universities who shall be appointed by the Speaker of the House of Representatives. Of these five members, there shall be at least one each of the following:

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a member of a public or private university with experience in the area of biological research, an individual experienced in the business of bioscience technologies, and three members of the House of Representatives. The Speaker of the House of Representatives shall appoint the chairperson. Appointments shall be made by the respective appointing authorities no later than June 1, 2007. The committee shall meet at least three times per year at the call of the chairperson or upon the request of at least three of its members unless an additional two days are approved by the Speaker. At least one meeting shall be designated as a summit hosted by the committee which shall be held no later than August 2007. The bioeconomic summit shall bring together government, university, and industry leaders in an attempt to negotiate the details of enabling legislation and endorse its legislative proposals for the 2008 session of the Georgia General Assembly.
BE IT FURTHER RESOLVED that the committee shall have the following duties and responsibilities:
(1) To review the need for enabling legislation and make recommendations, if any, for improvements in existing provisions to the Georgia General Assembly; (2) To study the need for a venture capital fund that would invest in creating, expanding, and recruiting companies and technologies in Georgia and make recommendations regarding the same; (3) To study the need for a facilities fund for the creation of infrastructure to support bioscience industry growth and to make recommendations regarding the same; (4) To study the need for the establishment of a commercialization institute to attract and train managerial talent, to coordinate life sciences workforce training, and to be a single point of contact for the cooperation of government, universities, and industry in building the bioeconomy and to make recommendations regarding the same; (5) To consider the need for a state authority for bioeconomic development in Georgia which may be designated the Georgia Bioeconomic Development Authority; and (6) To consider the need for a permanent board to oversee the operations of a Georgia Bioeconomic Development Authority. Other matters to be considered by the committee shall include the study of public awareness of bioeconomic development, funding of an authority, support for biomedical research, legal implications such as intellectual property rights of the state and the researchers whose research is supported or funded with state funds, objective criteria for measuring increased economic activity, and funding considerations including private sources for funding.
BE IT FURTHER RESOLVED that the committee shall identify the opportunities presented by BIO 2009 International Convention as a showcase to the global community of the state's life sciences industry and initiatives in healthcare, agriculture, bioenergy, forestry, environmental management, and national security. The committee shall develop an analysis to consider allocating sufficient funding for the state to participate in the conference and take advantage of this economic opportunity with the added goal of

FRIDAY, APRIL 20, 2007

3811

placing Georgia and Atlanta in a four-year rotation as host of this international convention, the largest life sciences conference in the world.
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 not receive the allowances authorized for legislative members of interim legislative committees nor shall any member receive a per diem allowance or any other cost allowance or reimbursement for attending meetings or other functions or activities relating to service on the study 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, 2007. Copies of the report shall be provided to the Speaker of the House. The committee shall stand abolished on February 15, 2008.
The following amendment was read and adopted:
Representative Ehrhart of the 36th moves to amend the Rules Committee substitute to HR 662 as follows:
Page 2, Line 17, change three to four.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the adoption of the Resolution by substitute, was agreed to, by substitute, as amended.
HR 663. By Representatives Carter of the 159th, Cooper of the 41st and Rynders of the 152nd:
A RESOLUTION creating the House Study Committee on Pain Management; and for other purposes.
The following substitute, offered by the Committee on Rules, was read:
A RESOLUTION
Creating the House Study Committee on Pain Management; and for other purposes.
WHEREAS, many controlled substances have useful and legitimate medical and scientific purposes and are necessary to maintain the health and general welfare of the people of this state; and

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WHEREAS, to treat a patient's pain, a physician should be able to administer a controlled substance in excess of the recommended dosage, even if its use may increase the risk of death, so long as it is not also administered for the purpose of causing or assisting in causing death; and
WHEREAS, a health care facility or a hospice should not forbid or restrict the use of controlled substances appropriately administered to relieve pain; and
WHEREAS, with regard to these issues, it would be beneficial to this state to: (1) Facilitate a discussion among the Attorney General, the appropriate regulatory boards, and other interested persons that focuses on identifying appropriate procedures and techniques for the management of pain; and (2) Study and report to the Governor and the General Assembly on medical, pharmaceutical, and patient care issues involving the treatment of pain, including, but not limited to, the use of Schedule II controlled substances.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on Pain Management to be composed of three members of the House of Representatives, to be appointed by the Speaker of the House of Representatives and eight additional members, also appointed by the Speaker, as follows: three physicians, one of whom specializes in hospice care; two pharmacists, one of whom specializes in the care of patients in long-term care facilities; one representative of law enforcement knowledgeable in Schedule II medications; one nurse; and one layperson. The Speaker of the House of Representatives shall designate one of his appointees to serve as chairperson of the committee. The committee shall meet at the call of the chairperson.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee shall review, at a minimum:
(1) Scientific and medical reviews of controlled substances classified as Schedule II under Code Section 16-13-26; (2) Modern pain management knowledge; (3) Modern pain management techniques for the treatment of pain, including the use of Schedule II controlled substances; (4) The adverse impact on patient recovery caused by the undertreatment of pain; (5) The identity and quantity of patients who do not receive adequate pain control treatment and consequences and costs of undertreatment; (6) The development of guidelines to establish parameters for the investigation of a prescriber or dispenser of Schedule II controlled substances for the treatment of pain; and

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(7) The development of guidelines to educate prescribers, dispensers, patients, law enforcement, and the public about pain management and regulatory issues. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The 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 an additional two days are authorized by the Speaker. Citizen 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 that the committee makes a report of its findings and recommendations for proposed legislation, such report shall be made no later than December 31, 2007. The committee shall stand abolished on December 31, 2007.
The following amendment was read and adopted:
Representative Ehrhart of the 36th moves to amend the Rules Committee substitute to HR 663 as follows:
Page 1, Line 19, change three to four.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the adoption of the Resolution was agreed to, by substitute, as amended.
HR 666. By Representatives Ehrhart of the 36th and Smith of the 129th:
A RESOLUTION creating the House Study Committee on a Flexible Work Week; and for other purposes.
The following substitute, offered by the Committee on Rules, was read:
A RESOLUTION
Creating the House Study Committee on a Flexible Work Week; and for other purposes.
WHEREAS, traffic congestion is one of the greatest challenges facing the Atlanta metropolitan area; and
WHEREAS, the congestion and air pollution caused by the congestion affect the entire State of Georgia; and

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WHEREAS, much of the traffic congestion and resulting air pollution is caused by commuter traffic in the Atlanta metropolitan area; and
WHEREAS, there is a need for a legislative study of the impact a flexible work week would have on traffic congestion and the resulting air pollution caused thereby.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on a Flexible Work Week 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 two additional days are authorized by the Speaker. 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, 2007. The committee shall stand abolished on December 31, 2007.
The following amendment was read and adopted:
Representative Ehrhart of the 36th moves to amend the Rules Committee substitute to HR 666 as follows:
Page 1, Line 12, change five to six.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the adoption of the Resolution was agreed to, by substitute, as amended.
HR 668. By Representatives Fleming of the 117th, Harbin of the 118th, Sims of the 119th, Murphy of the 120th, Frazier of the 123rd and others:

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A RESOLUTION creating the House Study Committee on Medical Education; and for other purposes.
The following substitute, offered by the Committee on Rules, was read:
A RESOLUTION
Creating the House Study Committee on Medical Education; and for other purposes.
WHEREAS, physicians play a critical role in ensuring that all Georgians receive quality health care; and
WHEREAS, the state's population is one of the fastest growing populations in the nation and has increased by almost 900,000 people since 2000; and
WHEREAS, the state's ratio of physicians to population ranks 37th in the nation as of 2004; and
WHEREAS, this ranking raises concerns that the state lacks the physician work force that its citizens need; and
WHEREAS, the state has a well established and diverse medical education system; and
WHEREAS, it would be beneficial to study this medical education system and to identify ways to expand the medical education capacity of this state including increasing the capacity for clinical training in this state, increasing the capacity for residency training in this state, and increasing the number of medical students in the medical education system in this state.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on Medical Education to be composed of five members of the House of Representatives, to be appointed by the Speaker of the House of Representatives. The Speaker of the House of Representatives shall designate one of his appointees to serve as chairperson of the committee. The committee shall meet at the call of the chairperson.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems 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 authorized for

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legislative members of interim legislative committees but shall receive the same for not more than three days unless additional days are authorized by the Speaker. 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 for proposed legislation, such report shall be made no later than December 31, 2007. The committee shall stand abolished on December 31, 2007.
The following amendment was read and adopted:
Representative Ehrhart of the 36th moves to amend the Rules Committee substitute to HR 668 as follows:
Page 1, Line 16, change five to six.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute, as amended.
HR 721. By Representatives Cooper of the 41st, Tumlin of the 38th, Abrams of the 84th, Royal of the 171st and Peake of the 137th:
A RESOLUTION creating the House Study Committee to incentivize indigent health care by physicians; and for other purposes.
The following substitute, offered by the Committee on Rules, was read:
A RESOLUTION
Creating the House Study Committee to incentivize indigent health care by physicians; and for other purposes.
WHEREAS, physicians have an obligation to treat all patients in need of care; and
WHEREAS, the number of Georgia's uninsured citizens continues to grow, and payments for physician services provided to medicare and Medicaid patients do not cover the cost of treating those patients; and
WHEREAS, Georgia physicians have lost money in providing patient care because of the increased amount of uncompensated care costs; and
WHEREAS, the state should conduct a thorough review of the reimbursement inequities which exist in the provision of indigent health care in order to best determine the

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methodologies which will provide maximum incentives for physicians to ensure quality health care for indigent patients.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee to incentivize indigent health care by physicians 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 two additional days are authorized by the Speaker. 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, 2007. The committee shall stand abolished on December 1, 2007.
The following amendment was read and adopted:
Representative Ehrhart of the 36th moves to amend the Rules Committee substitute to HR 721 as follows:
Page 1, Line 15, change five to six.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the adoption of the Resolution was agreed to, by substitute, as amended.
HR 790. By Representatives Maddox of the 172nd, Cooper of the 41st, Carter of the 159th, Sims of the 119th, Cheokas of the 134th and others:
A RESOLUTION creating the House Study Committee on Chronic Kidney Disease; and for other purposes.

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The following substitute, offered by the Committee on Rules, was read:
A RESOLUTION
Creating the House Study Committee on Chronic Kidney Disease; and for other purposes.
WHEREAS, chronic kidney disease is a serious condition associated with premature mortality, decreased quality of life, and increased health care expenditures; and
WHEREAS, recently, using data from death certificates, the Centers for Disease Control and Prevention (CDC) listed kidney disease as the ninth leading cause of death in the United States; however, this statistic underestimates the burden of kidney disease because it does not reflect the high rates of comorbidity in the chronic kidney disease population; and
WHEREAS, an estimated 20.8 million Americans have diabetes, approximately 50 million Americans have high blood pressure, millions of Americans have some form of kidney disease, and more than 14, 000 Georgians currently need some type of dialysis treatment to stay alive; and
WHEREAS, since two leading causes of chronic kidney disease are diabetes and high blood pressure, it is apparent that the solution lies in prevention; and
WHEREAS, a state-wide plan is needed to educate public and health care professionals about the advantages and methods of early screening, diagnosis, and treatment of chronic kidney disease and its complications based on the Kidney Disease Outcomes Quality Initiative Clinical Practice Guidelines or other medically recognized clinical practice guidelines; and
WHEREAS, a state-wide plan is needed to educate health care professionals about early kidney replacement therapy education for patients, including in-center dialysis, home hemodialysis, peritoneal dialysis, and vascular access options and transplantation, prior to the onset of kidney failure; and
WHEREAS, a cost-effective, state-wide plan needs to be implemented for early screening, diagnosis, and treatment of chronic kidney disease and its complications for the state's population.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on Chronic Kidney Disease to be composed of five members of the House of Representatives appointed by the Speaker of

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the House. The Speaker of the House shall designate a member of the committee as chairperson of the committee. The chairperson shall call all meetings of the committee.

BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, and issues 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 two additional days are authorized by the Speaker. 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 the convening of the 2008 session of the General Assembly, at which time the committee shall stand abolished.

The following amendment was read and adopted:

Representative Ehrhart of the 36th moves to amend the Rules Committee substitute to HR 790 as follows:

Page 2, Line 6, change five to six.

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the adoption of the Resolution was agreed to, by substitute, as amended.

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield

Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps

Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley
Jackson Y Jacobs

Y Martin Maxwell
Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills

Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon
Shipp Y Sims, B Y Sims, C

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Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B
Casas Y Chambers Y Channell Y Cheokas
Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H
Davis, S Day

Y Everson Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster
Franklin Y Frazier
Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A E Holmes

Y James Y Jamieson
Jenkins Jerguson Y Johnson, C E Johnson, T Jones, J Y Jones, S Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Mitchell E Morgan Y Morris
Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese
Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Stanley-Turner Y Starr Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B E Tumlin Y Walker Y Watson Y Wilkinson Willard Williams, A Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker

On the adoption of the Resolutions, the ayes were 141, nays 0.

The Resolutions, having received the requisite constitutional majority, were adopted.

Representatives Jenkins of the 8th 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.

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 853. By Representative Sims of the 169th:

A BILL to be entitled an Act to amend an Act to create an amended charter for the Town of Willacoochee, in the County of Atkinson, and to reincorporate said town as a city, and define its territorial limits, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 3039), as amended, so as to deannex certain property from the corporate limits; to provide for related matters; to repeal conflicting laws; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 301. By Senators Tate of the 38th and Reed of the 35th:
A BILL to be entitled an Act 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 following Committee substitute was read and adopted:
A BILL
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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 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), is hereby repealed.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Fulton County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Fulton County for approval or rejection. The election superintendent shall conduct that election on the next allowable date for conducting a special election following the legal creation of a municipal corporation whose northern boundary is contiguous with the municipal limits of the City of Atlanta 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

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official organ of Fulton County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which repeals the amendment to the Constitution of Georgia creating within Fulton County the Fulton County Industrial District and prohibiting the governing authority of Fulton
( ) NO County from levying any tax for educational purposes within such district?"
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 immediately. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed immediately. The expense of such election shall be borne by Fulton County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
SB 322. By Senator Smith of the 52nd:
A BILL to be entitled an Act to amend an Act providing for the compensation of the members of the board of education of Floyd County, approved March 18, 1959 (Ga. L. 1959, p. 3203), as amended, so as to provide for the compensation of the members of such board of education; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 323. By Senators Unterman of the 45th, Balfour of the 9th and Cowsert of the 46th:
A BILL to be entitled an Act to authorize the City of Loganville 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.

FRIDAY, APRIL 20, 2007

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

By unanimous consent, the following roll call vote was made applicable to 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 Abrams Y Amerson
Ashe Y Barnard Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas
Coan Y Cole Y Coleman Y Collins
Cooper Cox Crawford, M Y Crawford, R Y Davis, H Davis, S Y Day

Dempsey Y Dickson
Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster
Franklin Y Frazier
Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A
Holmes

Y Holt Y Horne Y Houston
Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson
Jenkins Y Jerguson Y Johnson, C E Johnson, T
Jones, J Y Jones, S
Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar
Mills Y Mitchell E Morgan
Morris Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Shipp Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Smyre Stanley-Turner Y Starr Stephens Stephenson Y Talton Teilhet Y Thomas, A.M Y Thomas, B E Tumlin Y Walker Y Watson Y Wilkinson Willard Williams, A Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker

On the passage of the Bills, the ayes were 133, nays 0.

The Bills, having received the requisite constitutional majority, were passed.

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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 members were recognized during the period of Morning Orders and addressed the House:
Smith of the 168th, Benton of the 31st, and Smith of the 70th.
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 219. By Representatives Royal of the 171st, O`Neal of the 146th, Roberts of the 154th and Black of the 174th:
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 prepayments of certain local sales and use taxes with respect to motor fuels; to provide for procedures, conditions, and limitations; to change certain provisions regarding penalties; to change certain provisions regarding taxation of motor fuel; to change certain provisions regarding sales and use tax exemptions regarding motor fuel; to change certain provisions regarding refunds of motor fuel taxes; to change certain provisions regarding the second motor fuel tax; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Representative Royal of the 171st moved that the House insist on its position in disagreeing to the Senate substitute to HB 219 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Royal of the 171st, O`Neal of the 146th and Roberts of the 154th.
HB 445. By Representative Royal of the 171st:
A BILL to be entitled an Act to amend Code Section 48-5-7.4 of the O.C.G.A., 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

FRIDAY, APRIL 20, 2007

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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 a contingent effective date; to provide for applicability; to provide for contingent repeal; to repeal conflicting laws; and for other purposes.
Representative Royal of the 171st moved that the House insist on its position in disagreeing to the Senate substitute to HB 445 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Royal of the 171st, O`Neal of the 146th and Roberts of the 154th.
HB 225. By Representatives Royal of the 171st, Golick of the 34th, Roberts of the 154th, Keen of the 179th, O`Neal of the 146th and others:
A BILL to be entitled an Act to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income for state income tax purposes, so as to change certain provisions regarding the deduction for contributions to certain college savings plans; to provide an effective date; to provide applicability; to repeal conflicting laws; and for other purposes.
Representative Royal of the 171st moved that the House insist on its position in disagreeing to the Senate substitute to HB 225 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Royal of the 171st, O`Neal of the 146th and Roberts of the 154th.

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HB 451. By Representatives Lewis of the 15th, Stephens of the 164th, Parrish of the 156th and Watson of the 91st:
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 taxation, so as to provide for a program of tax refunds for companies creating certain tourism attractions; to provide for a short title; to define terms; to state legislative findings; to provide for conditions of eligibility and approval by the Department of Economic Development and a local government; to provide for agreements between that department and companies; to provide for regulations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Representative Lewis of the 15th moved that the House insist on its position in disagreeing to the Senate substitute to HB 451 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 Lewis of the 15th, Stephens of the 164th and Parrish of the 156th.
HB 162. By Representatives Martin of the 47th, Burkhalter of the 50th and Jones of the 46th:
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 for a limited period of time with respect to sales of certain tangible personal property used in direct connection with the construction of a performing arts amphitheater 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.
Representative Martin of the 47th moved that the House insist on its position in disagreeing to the Senate substitute to HB 162 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.

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3827

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Martin of the 47th, Ehrhart of the 36th and Graves of the 12th.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 69. By Representative Franklin of the 43rd:
A BILL to be entitled an Act to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records to be kept on drivers in Georgia, so as to prohibit the Department of Driver Services from charging a fee for viewing a driver's record online; 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 69 (LC 34 0913) by striking lines 1 and 2 on page 1 and inserting in lieu thereof the following:
To state findings of the General Assembly regarding the Real ID Act; to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to permit the Governor of Georgia to delay implementing the requirements of the Real ID Act until the Department of Homeland Security has issued regulations that the Governor finds will adequately protect the interests of the citizens of Georgia; to require the presentation of secure and verifiable documents for purposes of obtaining a driver's license by a noncitizen; to prohibit the Department of Driver Services
By striking lines 7 and 8 on page 1 and inserting in lieu thereof the following:
The General Assembly of Georgia finds that the Real ID Act, H.R. 1268, P.L. 109-13, enacted by Congress in 2005, established standards that state-issued drivers' licenses and identification cards must meet by May 11, 2008, if the licenses or identification cards are to be accepted as valid identification by the federal government. After May 11, 2008, federal agencies are scheduled to accept only drivers' licenses or identification cards that meet Real ID standards. Noncompliant cards will not be accepted for federal purposes such as boarding a domestic flight, opening a bank account, or any other service or activity over which the federal government claims jurisdiction. Each state will also be required to share data from their drivers' licenses or identification cards data base with other states. The exact requirements of the Real ID Act have yet to be defined. The Department of Homeland Security was originally going to promulgate regulations by November, 2005. That date was changed to November, 2006. Currently, regulations are

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scheduled for January, 2007, but many parties feel this deadline may also pass without the regulations being issued.
Because the Real ID Act was attached to a vital supplemental spending bill for defense and tsunami relief, there was no opportunity for a full examination of the consequences of the proposal. While everyone recognizes the need to make identifying documents as secure as is humanly possible, the one-size-fits-all approach required by the Real ID Act may actually increase the documents' vulnerability to counterfeiting. If criminals are able to invade one state's system, they may have access to all states' systems. On another front, a report from the National Conference of State Legislatures, the National Governors Association, and the American Association of Motor Vehicle Administrators suggests that the new requirements of the Real ID Act will cost states at least $11 billion over the first five years of the program. Despite this massive price tag, there has been no money appropriated to help states meet the law's demands.
The Real ID Act gives the Department of Homeland Security the power to set federal standards and determine whether state drivers' licenses and other identification cards meet these standards. There is no provision in the Real ID Act that requires or even mentions information privacy or data security. The federal and state governments must ensure that the data needed to verify the identity of driver's license applicants is maintained securely and not used for other unrelated purposes. The Department of Homeland Security must include privacy protections for personal driver data as they promulgate regulations spelling out what states need to do to implement the federal law. Success of the Real ID Act depends on the Department of Homeland Security and the states collaborating to find a way of implementing its requirements in a fiscally responsible and risk adjusted manner. Therefore, the Georgia Department of Driver Services is directed to withhold any legislation designed to implement the Real ID Act in Georgia until such time as the Department of Homeland Security has enacted regulations that define the exact type of information that is to be required on a state driver's license. Furthermore, before the Real ID Act is implemented in Georgia, the Governor of Georgia is entitled to review the regulations promulgated by the Department of Homeland Security and determine if they adequately safeguard and restrict use of the information in order to protect the privacy rights of the citizens of Georgia.
The citizens of Georgia also recognize the importance of ensuring that drivers' licenses are issued only to persons legally present in this state. Therefore, the use of secure and verifiable identification will be required in this state in order to obtain a driver's license. This requirement is in harmony with the intent of the Real ID Act to secure identification processes in this country. The Department of Driver Services is instructed to take the necessary steps to become a participant in the SAVE Program (Systematic Alien Verification for Entitlements). This program, administered by the United States Bureau of Citizenship and Immigration Services, is designed to verify the immigration status of noncitizens.

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SECTION 2. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by revising subsection (j) of Code Section 40-5-2, relating to records to be kept on drivers in Georgia, as follows:
By redesignating Sections 2 and 3 as Sections 5 and 6, respectively and inserting after line 15 on page 1 the following:
SECTION 3. Said chapter is further amended by adding a new Code section to read as follows:
"40-5-4.1. The Governor of the State of Georgia, or his or her designee, is authorized to delay compliance with certain provisions of the federal Real ID Act, H.R. 1268, P.L. 109-13, enacted by Congress in 2005, until it is expressly guaranteed by the Department of Homeland Security, through adequately defined safeguards, that implementation of the Real ID Act will not compromise the economic privacy or biological sanctity of any citizen or resident of the State of Georgia."
SECTION 4. Said chapter is further amended by adding a new Code section to read as follows:
"40-5-21.2. (a) As used in this Code section, the term:
(1) 'Department' means the Georgia Department of Driver Services. (2) 'SAVE Program' means the Systematic Alien Verification for Entitlements (SAVE) Program established by the United States Bureau of Citizenship and Immigration Services. (b) The department shall not issue an identification card, license, permit, or other official document to an applicant who is a noncitizen, until the applicant has been confirmed through the SAVE Program to be lawfully present in the United States. (c) This Code section shall not apply to instances when a federal law mandates acceptance of a document."
By striking line 17 on page 1 and inserting in lieu thereof the following:
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Representative Franklin of the 43rd moved that the House disagree to the Senate amendment to HB 69.
The motion prevailed.

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The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:
HB 587. By Representatives May of the 111th, Harbin of the 118th, Fleming of the 117th and Roberts of the 154th:
A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to the distribution, storage, and sale of gas, so as to provide for revocation of a certificate of public convenience and necessity if the holder of the certificate has not within five years of receiving the certificate begun construction or operation of any pipeline, or distribution system, or any extension thereof, in substantially all of the territory covered by such certificate; to provide for related matters; to repeal conflicting laws; and for other purposes.
Representative May of the 111th moved that the House insist on its position in disagreeing to the Senate substitute to HB 587 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 May of the 111th, Roberts of the 154th and Ehrhart of the 36th.
The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:
HB 354. By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend Titles 36 and 48 of the Official Code of Georgia Annotated, relating, respectively, to local government and revenue and taxation, so as to establish procedures and due dates for notification of homeowner tax relief grants; to provide for recording of tax executions; to change certain income requirements for taxpayers 62 years of age or older seeking a homestead exemption for school tax purposes; to change certain provisions regarding the transmission of resolutions setting the terms of members of boards of tax assessors; to provide for additional return filing requirements for public utilities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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The following Senate substitute was read:
A BILL
To amend 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 amend Titles 16, 36, and 48 of the Official Code of Georgia Annotated, relating, respectively, to crimes and offenses, local government, and revenue and taxation, so as to provide for the comprehensive revision of provisions relating to state and local taxation; to change certain determination letter requirements regarding raffle and bingo licensing procedures; to establish procedures and due dates for notification of homeowner tax relief grants; to provide for service of certain subpoenas; to change refund provisions regarding alcoholic beverages stamps; to provide for certain definitions regarding sales and use tax refunds; to provide for service of summons of garnishment; to provide for recording of tax executions; to change certain income requirements for taxpayers 62 years of age or older seeking a homestead exemption for school tax purposes; to change certain provisions regarding the collection of costs, commissions, interest, and penalties associated with administering the collection of tax executions; to change certain provisions regarding the transmission of resolutions setting the terms of members of boards of tax assessors; to provide for additional return filing requirements for public utilities; to change provisions regarding certain nonprofit organizations; to provide for a one-time consent agreement by nonresident members of Georgia Subchapter "S" corporations; to change certain provisions regarding the driver education credit; to add the federal government as a qualified recipient of Georgia conservation property for purposes of the conservation tax credit; to provide for the treatment of donations effected by sales at less than fair market value; to change the standard for determining the fair market value of certain donations; to provide for civil penalties on certain tax preparers; to change certain withholding requirements; to change the penalty provision for nonwithholding on certain taxpayers; to remove certain provisions regarding unidentifiable sales and use tax proceeds; 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 .5. Article 4 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county taxation, is amended by repealing and reserving Code Section 48-5-237, relating to payment of taxes where property lies in more than one county.
SECTION 1. Title 16 of the Official Code of Georgia Annotated, related to crimes and offenses, is amended by revising subparagraph (d)(2)(E) of Code Section 16-12-22.1, relating to raffle licenses, as follows:

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"(E) A determination letter from the Georgia Department of Revenue certifying statement affirming that the applicant is exempt under the income tax laws of this state under Code Section 48-7-25;"
SECTION 2. Said title is further amended by revising paragraph (3.1) of Code Section 16-12-51, relating to definitions pertaining to bingo, as follows:
"(3.1) 'Nonprofit, tax-exempt organization' means an organization, association, corporation, or other legal entity which has been determined by the federal Internal Revenue Service to be exempt from taxation under federal tax law and has been determined by the Georgia Department of Revenue to be which is exempt from taxation under the income tax laws of this state under Code Section 48-7-25; which is organized or incorporated in this state or authorized to do business in this state; and which uses the proceeds from any bingo games conducted by such organization solely within this state."
SECTION 3. Said title is further amended by revising paragraph (5) of subsection (b) of Code Section 16-12-53, relating to bingo licensing procedure, as follows:
"(5) A determination letter from the Georgia Department of Revenue certifying statement affirming that the applicant is exempt under the income tax laws of this state under Code Section 48-7-25;"
SECTION 4. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by revising subsection (a) of Code Section 36-89-4, relating to procedures and conditions for homeowner tax relief grant allotment, as follows:
"(a)(1) When funds are appropriated as provided in Code Section 36-89-3, such grants shall be allotted to each county, municipality, and county or independent school district in the this state as follows:
(A) Immediately following the actual preparation of ad valorem property tax bills, but no later than one year after the date the final installment of taxes was due, each county fiscal authority shall notify the Department of Revenue of the total amount of tax revenue which would be generated by applying the sum of the state and county millage rates to the eligible assessed value of each qualified homestead in the county. The total amount of actual tax credits, so calculated, given to all qualified homesteads in the county shall be the amount of the grant to that county; (B) Immediately following the actual preparation of ad valorem property tax bills, but no later than one year after the date the final installment of taxes was due, each county or independent school district's fiscal authority shall notify the Department of Revenue of the total amount of tax revenue which would be generated by applying the school millage rate to the eligible assessed value of each qualified homestead in the county or independent school district. The total amount of actual

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tax credits, so calculated, given to all qualified homesteads in the county or independent school district shall be the amount of the grant to that county or independent school district; and (C) Immediately following the actual preparation of ad valorem property tax bills, but no later than one year after the date the final installment of taxes was due, each municipality's fiscal authority shall notify the Department of Revenue of the total amount of tax revenue which would be generated by applying the municipal millage rate to the eligible assessed value of each qualified homestead in the municipality. The total amount of actual tax credits, so calculated, given to all qualified homesteads in the municipality shall be the amount of the grant to that municipality. (2) Credit amounts computed under paragraph (1) of this subsection shall be applied to reduce the otherwise applicable tax liability on a dollar-for-dollar basis, but the credit granted shall not in any case exceed the amount of the otherwise applicable tax liability after the granting of all applicable homestead exemptions except for any homestead exemption under Article 2A of Chapter 8 of Title 48, the 'Homestead Option Sales and Use Tax Act,' as amended, and after the granting of all applicable millage rollbacks. (3) A county fiscal authority, county or independent school district fiscal authority, or municipal fiscal authority that fails to notify the Department of Revenue of the total amount of actual tax credits given to all qualified homesteads by the date specified in this Code section shall forfeit its rights to the grant for such tax year. The state revenue commissioner may waive the notification requirement and authorize issuance of the grant whenever and to the extent that the state revenue commissioner reasonably determines that the failure to timely notify the Department of Revenue was due to reasonable cause and not due to willful neglect or disregard of the law or of regulations or instructions issued pursuant to the law."
SECTION 5. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising paragraph (4) of subsection (a) of Code Section 48-2-8, relating to the state revenue commissioner's authorization to issue subpoenas, as follows:
"(4) Subpoena the attendance of witnesses and require the production of books, papers, records, and documents and, subject to the rights of the taxpayer as to rights of privacy guaranteed to him the taxpayer by the Constitution and laws of this state, may examine such items and the books, records, inventories, or business of any taxpayer or of any fiduciary, bailee, or other person having knowledge of the tax liability of any taxpayer or knowledge pertinent to the investigation or inquiry. The subpoena may be served by the commissioner or the commissioner's authorized representative to a person at the person's last known address by registered or certified mail or statutory overnight delivery, return receipt requested. If a person refuses to accept service of a subpoena by registered or certified mail or statutory overnight delivery, the subpoena shall be served by the commissioner or the commissioner's authorized representative under any other method of lawful service and the person shall be personally liable to

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the commissioner for a sum equal to the actual costs incurred to serve the subpoena. This liability shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the same manner as other taxes administered by the commissioner."
SECTION 6. Said title is further amended in Code Section 48-2-55, relating to attachment and garnishment, by revising paragraph (2) of subsection (b) as follows:
"(2) The commissioner or his the commissioner's authorized representative may use garnishment to collect any tax, fee, license, penalty, interest, or collection costs due the state which are imposed by this title or which the commissioner or the department is responsible for collecting under any other law. Garnishment may be issued by the commissioner or his the commissioner's authorized representative against any person whom he the commissioner believes to be indebted to the defendant or who has property, money, or effects in his such person's hands belonging to the defendant. The summons of garnishment shall be served by the commissioner or his the commissioner's authorized representative, shall be served at least 15 days before the sitting of the court to which the summons is made returnable, and shall be returned to either the superior court or the state court of the county in which the garnishee is served. The commissioner or his the commissioner's authorized representative shall enter on the execution the names of the persons garnished and shall return the execution to the appropriate court. All subsequent proceedings shall be the same as provided by law regarding garnishments in other cases when judgment has been obtained or execution issued. In addition to any other methods of service, the summons of garnishment may be served by the commissioner or the commissioner's authorized representative to the garnishee by registered or certified mail or statutory overnight delivery, return receipt requested. Either the return receipt indicating receipt by the garnishee or the envelope bearing the official notification from the United States Postal Service of the garnishee's refusal to accept delivery of such registered or certified mail or statutory overnight delivery shall be filed with the clerk of the court in which the garnishment is pending. If statutory overnight delivery was accomplished through a commercial firm as provided under paragraph (1) of subsection (b) of Code Section 9-10-12, the return receipt indicating receipt by the garnishee or the envelope bearing the official notification of such commercial firm of the garnishee's refusal to accept delivery shall be filed with the clerk of the court in which garnishment is pending. If a garnishee refuses to accept service of a summons of garnishment by registered or certified mail or statutory overnight delivery, the summons of garnishment shall be served by the commissioner or the commissioner's authorized representative under any other method of lawful service and the garnishee shall be personally liable to the commissioner for a sum equal to the actual costs incurred to serve the summons of garnishment. This liability shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be

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assessed and collected in the same manner as other taxes administered by the commissioner."
SECTION 7. Said title is further amended by revising subsection (b) of Code Section 48-3-3, relating to executions by tax collectors and commissioners, as follows:
"(b) The tax collector or tax commissioner shall issue executions for nonpayment of taxes collectable by the tax collector or tax commissioner at any time after 30 days have elapsed since giving notice as provided in subsection (c) of this Code section. The executions shall be directed to all and singular sheriffs and constables of the this state. and within 30 days of issuance the tax collector or tax commissioner shall have the tax execution recorded in the records of the clerk of the superior court of the county where the execution was issued. If the tax collector or tax commissioner fails to have the execution recorded in the records of the clerk of the superior court of the county where the execution was issued within 30 days of issuance of the tax execution, the tax collector or tax commissioner shall void the tax execution and renotify the taxpayer of the delinquency as provided in subsection (c) of this Code section. The tax collector or tax commissioner shall issue a new execution for nonpayment of taxes collectable by the tax collector or tax commissioner at any time after 30 days have elapsed since the renotification notice was issued."
SECTION 8. Said title is further amended by revising subsection (b) of Code Section 48-5-52, relating to homestead exemptions from ad valorem taxation for educational purposes for qualified individuals who are 62 years of age or older, as follows:
"(b)(1) The exemption provided for in subsection (a) of this Code section shall not be granted unless an affidavit of the owner of the homestead, prepared upon forms prescribed by the commissioner for that purpose, is filed with either the tax receiver or tax commissioner, in the case of residents of county school districts, or with the governing authority of the owner's city, in the case of residents of independent school districts. (2) The affidavit shall in the first year for which the exemption is sought be filed on or before the last day for making a tax return and shall show the:
(A) Age of the owner on January 1 immediately preceding the filing of the affidavit; (B) Total amount of net income received by the owner and spouse from all sources during the immediately preceding calendar year; and (C) Total amount of income received from all sources by each individual member of the owner's family residing within the homestead; and (D) Such additional information as may be required by the commissioner. (3) Copies of all affidavits received or extracts of the information contained in the affidavits shall be forwarded to the commissioner by the various taxing authorities with whom the affidavits are filed. The commissioner is authorized to compare such

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information with information contained in any income tax return, sales tax return, or other tax documents or records of the department and to report immediately to the appropriate county or city taxing authority any apparent discrepancies between the information contained in any affidavit and the information contained in any other tax records of the department. (4) After the owner has filed the affidavit and has once been allowed the exemption provided for in this Code section, it shall not be necessary to make application and file the affidavit thereafter for any year and the exemption shall continue to be allowed to such owner; provided, however, that it shall be the duty of any such owner to notify the tax commissioner or tax receiver in the event the owner becomes ineligible for any reason for the exemption provided for in this Code section."
SECTION 9. Said title is further amended in Code Section 48-5-161, relating to tax executions and administration fees, by revising paragraph (2) of subsection (c) as follows:
"(2) Once a levy is made or posted on the property of a delinquent or defaulting taxpayer, the sheriff or ex officio sheriff shall collect, in addition to any other costs, commissions, interest, and penalties, the actual expenses incurred by the county in issuing the execution and administering the levy by imposing a levy administration fee which shall be 5 percent of the delinquent tax or $250.00, whichever is the lesser. Regardless of any other provision of this paragraph, however, no such levy administration fee shall be less than $50.00. Nothing in this paragraph shall require the completion of a sale by judicial foreclosure in order to recover costs, commissions, interest, penalties, and the actual expenses incurred by the county in issuing the execution and administering the levy."
SECTION 10. Said title is further amended by revising subsection (a) of Code Section 48-5-295, relating to terms of office, vacancies, and removal by county governing authority, as follows:
"(a) Each member of the county board of tax assessors appointed to such office on and after July 1, 1996, shall be appointed by the county governing authority for a term of not less than three nor more than six years. A county governing authority shall, by resolution, within the range provided by this subsection, select the length of terms of office for members of its county board of tax assessors. Following the adoption of such resolution, all new appointments and reappointments to the county board of tax assessors shall be for the term lengths specified in the resolution; however, such resolution shall not have the effect of shortening or extending the terms of office of current members of the board of assessors whose terms have not yet expired. The county governing authority shall not be authorized to again change the term length until the expiration of the term of office of the first appointment or reappointment following the resolution that last changed such terms of office. If the resolution changing the terms of office of members of the board of tax assessors would result in a voting

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majority of the board of tax assessors having their terms expire in the same calendar year, the county governing authority shall provide in the resolution for staggered initial appointments or reappointments of a duration of not less than three nor more than six years that will prevent such an occurrence. The county governing authority shall transmit to the board of assessors commissioner a copy of the resolution setting the length of terms of members of the county board of tax assessors within ten days of the date the resolution is adopted. Any member of the county board of tax assessors shall be eligible for reappointment after review of his or her service on the board by the appointing authority. Such review shall include education and certification information furnished by the commissioner. Any member of the county board of tax assessors who fails to maintain the certification and qualifications specified pursuant to Code Section 48-5-291 shall not be eligible for reappointment until all requirements have been met. In case of a vacancy on the board at any time, whether caused by death, resignation, removal, or otherwise, the vacancy shall be immediately filled by appointment of the county governing authority. Any person appointed to fill a vacancy shall be appointed only to serve for the remainder of the unexpired term of office and shall possess the same qualifications required under this part for regular appointment to a full term of office."
SECTION 11. Said title is further amended by revising subsection (b) of Code Section 48-5-511, relating to returns of public utilities to commissioner, as follows:
"(b) The returns of each public utility shall be in writing and sworn to under oath by the chief executive officer to be a just, true, and full return of the fair market value of the property of the public utility without any deduction for indebtedness. Each class or species of property shall be separately named and valued as far as practicable and shall be taxed like all other property under the laws of this state. The returns shall also include the capital stock, net annual profits, gross receipts, business, or income (gross, annual, net, or any other kind) for which the public utility is subject to taxation by the laws of this state. Each parcel of real estate included in the return shall be identified by its physical address and by a description adequate for the commissioner to properly identify such parcel. Other descriptive information includes, but is not limited to, the map or parcel identification information of the real estate being returned."
SECTION 12. Said title is further amended by revising subsection (a) and paragraph (1) of subsection (b) of Code Section 48-7-25, relating to organizations exempt from Georgia income tax, as follows:
"(a) The following organizations shall be exempt from taxation imposed by Code Section 48-7-21 unless the exemption is denied under subsection (b) or (c) of this Code section as indicated:
(1) Subject to subsections (b) and (c) of this Code section those Those organizations described by which are exempt from federal income taxation pursuant to Section

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501(c), 501(d), 501(e), 664, or 401 of the Internal Revenue Code of 1986. are deemed to have similar exempt status for purposes of Code Section 48-7-21 Organizations described in this paragraph shall be exempt from taxation for state purposes in the same manner and to the same extent as for federal purposes; and (2) Insurance companies which pay to the state a tax upon premium income." "(b)(1) An organization requesting exemption under paragraph (1) of subsection (a) of this Code section shall file a written application with the commissioner. The commissioner shall issue a determination letter or ruling to an organization requesting the exemption and shall either grant or disallow the requested exempt status. Until a determination letter granting exempt status is issued by the commissioner, no exempt status shall exist. Those organizations which have an exempt status in effect under Section 501(c), 501(d), 501(e), 664, or 401 of the Internal Revenue Code of 1986 on January 1, 1987, shall retain the exempt status unless revoked as provided by law. The commissioner may issue rules governing the filing of written applications and the issuance of determination letters. An organization's exempt status under paragraph (1) of subsection (a) of this Code section is subject to review and revocation by the commissioner in accordance with the provisions of paragraph (2) of this subsection."
SECTION 13. Said title is further amended by revising paragraph (2) of subsection (d) of Code Section 48-7-27, relating to computation of taxable net income, as follows:
"(2) Nonresident shareholders of a Georgia Subchapter 'S' corporation must execute a consent agreement to pay Georgia income tax on their portion of the corporate income in order for the Subchapter 'S' corporation to be recognized for Georgia purposes. This A consent agreement for each shareholder must be filed by the corporation with its corporate tax return in the year in which the Subchapter 'S' corporation is first required to file a Georgia income tax return. For a Subchapter 'S' corporation in existence prior to January 1, 2007, the consent agreement must be filed for each shareholder in the first Georgia tax return filed for a year beginning on or after January 1, 2007. A consent agreement must also be filed in any subsequent year in which any additional nonresident first becomes a shareholder of the Subchapter 'S' corporation. Shareholders of a federal Subchapter 'S' corporation which is not recognized for Georgia purposes may make an adjustment to federal adjusted gross income in order to avoid double taxation on this type of income. Adjustments will not be allowed unless tax was actually paid by the corporation."
SECTION 14. Said title is further amended by revising subsection (d) of Code Section 48-7-29.5, relating to submission of written proof of course completion to claim the driver education credit, as follows:
"(d) No credit shall be allowed under this Code section unless the taxpayer submits with the claim for such credit has obtained written proof of the successful completion of

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the course of driver education by the dependent minor child and the amount expended by the taxpayer for such course."
SECTION 15. Said title is further amended by revising Code Section 48-7-29.12, relating to income tax credits for qualified donations of real property for conservation purposes, as follows:
"48-7-29.12. (a) As used in this Code section, the term:
(1) 'Conservation purposes' means real property which is qualified as conservation land pursuant to Chapter 22 of Title 36. (2) 'Fair market value' means the value established by a property appraisal or appraisals meeting the requirements of 26 U.S.C. Section 170 to be submitted in such manner as the commissioner may by regulation require. (3) 'Qualified donation' means the fee simple conveyance to the state; a county, a municipality, or a consolidated government of this state; the federal government; or a bona fide charitable nonprofit organization qualified under the Internal Revenue Code of 100 percent of all right, title, and interest in the entire parcel of donated real property located in Georgia, which donation is accepted by such state, county, municipality, consolidated government, federal government, or bona fide charitable nonprofit organization. Such term shall also include the donation to and acceptance by the state; a county, a municipality, or a consolidated government of this state; the federal government; or a bona fide charitable nonprofit organization qualified under the Internal Revenue Code of an interest in real property located in Georgia which qualifies as a conservation easement under paragraph (4) of Code Section 36-22-2. If the donation is effected by a sale of the property for less than fair market value, the qualified donation shall be deemed to be that portion of the property which represents the difference between the amount paid to the donor and the fair market value as established pursuant to this Code section. Any real property which is otherwise required to be dedicated pursuant to local government regulations or ordinances or to increase building density levels shall not be eligible as a qualified donation under this Code section. Any real property which is used for or associated with the playing of golf, or is planned to be so used or associated shall not be eligible as a qualified donation under this Code section. (b) A taxpayer 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 each qualified donation of real property for conservation purposes. Except as otherwise provided in subsection (d) of this Code section, such credit shall be limited to an amount not to exceed the lesser of $500,000.00 or 25 percent of the fair market value of the donated real property as fair market value is established pursuant to paragraph (3) of Code Section 48-5-2 for the year in which the donation occurred. (c) No tax credit shall be allowed under this Code section unless the taxpayer files with the taxpayer's income tax return a copy of a certification by the Department of Natural Resources that the donated property is suitable for conservation purposes is provided to

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the commissioner by the Department of Natural Resources. The Board of Natural Resources shall promulgate any rules and regulations necessary to implement and administer this subsection, including, but not limited to, policies to guide the determination of whether or not donated property is suitable for conservation purposes. A final determination by the Department of Natural Resources with respect to the suitability of donated property for conservation purposes shall be subject to review and appeal under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (d) In no event shall the total amount of any tax credit under this Code section for a taxable year exceed the taxpayer's income tax liability. In no event shall the total amount of the tax credit allowed to a taxpayer under subsection (b) of this Code section exceed $250,000.00 with respect to tax liability determined under Code Section 48-720 or $500,000.00 with respect to tax liability determined under Code Section 48-7-21. Any unused tax credit shall be allowed to be carried forward to apply to the taxpayer's succeeding five years' tax liability. However, the amount in excess of such annual dollar limits shall not be eligible for carryover to the taxpayer's succeeding years' tax liability. No such tax credit shall be allowed the taxpayer against prior years' tax liability. (e) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section."
SECTION 16. Said title is further amended by adding a new Code section to read as follows:
"48-7-57.2. (a) For purposes of this Code section, the term:
(1) 'Tax return preparer' means a person who prepares for compensation, or who employs one or more persons who prepare for compensation, any return of tax imposed under this chapter or Chapter 7A of this title, or any claim for refund of such tax. The preparation of a substantial part of a return or claim for refund is treated as if it were the preparation of the entire return or claim for refund. A person is not considered a tax return preparer merely because the person does any of the following:
(A) Furnishes typing, reproducing, or other mechanical assistance; (B) Prepares a return or claim for refund of the employer or an officer or employee of the employer by whom the person is regularly and continuously employed; (C) Prepares a return or claim for refund of any person as a fiduciary for that person; or (D) Prepares a claim for refund for a taxpayer in response to a notice of proposed assessment issued to the taxpayer. (2) 'Understatement of liability' means an understatement of the net amount payable with respect to a tax imposed under this chapter or Chapter 7A of this title or an overstatement of the net amount creditable or refundable with respect to such tax. Except as provided in subsection (d) of this Code section, the determination of whether there is an understatement of liability shall be made without regard to any administrative or judicial action involving the taxpayer. For purposes of this

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paragraph, the amount determined as an underpayment of estimated income tax under the relevant provisions of this chapter is not considered an understatement of liability. (b) A tax return preparer shall pay a penalty of $250.00 with respect to any understatement of liability on any return or claim unless it is shown that there is reasonable cause for the understatement and such person acted in good faith if: (1) Any part of any understatement of liability with respect to any return or claim for refund is due to a position which had no realistic possibility of being sustained on its merits; (2) Any tax return preparer with respect to such return or claim knew or reasonably should have known of such position; and (3) The relevant facts affecting the item's tax treatment were not adequately disclosed in the return or in a statement attached to the return or such position was frivolous. (c) If any part of any understatement of liability with respect to any return or claim for refund is due to: (1) A willful attempt in any manner to understate the liability for tax by a tax return preparer with respect to such return or claim; or (2) Any reckless or intentional disregard of rules or regulations by any such tax return preparer, such tax return preparer shall pay a penalty of $1,000.00 with respect to such return or claim. With respect to any return or claim, the amount of the penalty payable by any tax return preparer by reason of this subsection shall be reduced by the amount of the penalty paid by such tax return preparer by reason of subsection (b) of this Code section. (d) If at any time there is a final administrative determination or a final judicial decision that there was no understatement of liability in the case of any return or claim for refund with respect to which a penalty under subsection (b) or (c) of this Code section has been assessed, such assessment shall be waived, and if any portion of such penalty has been paid, the amount so paid shall be refunded to the tax return preparer who made such payment as an overpayment of tax without regard to any period of limitations which, but for this subsection, would apply to the making of such refund. (e) Other assessable penalties with respect to the preparation for other persons of returns of tax imposed under this chapter or Chapter 7A of this title shall be as follows: (1) Any tax return preparer with respect to any return or claim for refund who fails to furnish a completed copy of such return or claim to the taxpayer, at a time no later than the time such return or claim is presented for such taxpayer's signature, shall pay a penalty of $50.00 for such failure, unless it is shown that such failure is due to reasonable cause and not due to willful neglect. The maximum penalty imposed under this paragraph on any tax return preparer with respect to documents filed during any calendar year shall not exceed $25,000.00; (2) Any tax return preparer with respect to any return or claim for refund who is required by regulations prescribed by the commissioner to sign such return or claim and who fails to comply with such regulations with respect to such return or claim shall pay a penalty of $50.00 for such failure, unless it is shown that such failure is

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due to reasonable cause and not due to willful neglect. The maximum penalty imposed under this paragraph on any tax return preparer with respect to documents filed during any calendar year shall not exceed $25,000.00; (3) Any tax return preparer with respect to any return or claim for refund who fails to furnish the preparer's identifying number with respect to such return or claim shall pay a penalty of $50.00 for such failure, unless it is shown that such failure is due to reasonable cause and not due to willful neglect. The maximum penalty imposed under this paragraph on any tax return preparer with respect to documents filed during any calendar year shall not exceed $25,000.00; (4) Any tax return preparer with respect to any return or claim for refund who fails to retain a completed copy of such return or claim for three years following the later of either:
(A) The date on which the return was due to be filed with the department including any extensions which have been granted; or (B) The date the return or claim was presented to the taxpayer for signature shall pay a penalty of $50.00 for each such failure, unless it is shown that such failure is due to reasonable cause and not due to willful neglect. The maximum penalty imposed under this paragraph on any tax return preparer with respect to any return period shall not exceed $25,000.00; and (5) Any tax return preparer who fraudulently endorses or otherwise negotiates directly or through an agent any check made in respect of the taxes imposed under this chapter or Chapter 7A of this title which is issued to a taxpayer other than the tax return preparer shall pay a penalty of $500.00 with respect to each such check. This paragraph shall not apply with respect to the deposit by a bank, within the meaning of Section 581 of the Internal Revenue Code of 1986, of the full amount of the check in the taxpayer's account in such bank for the benefit of the taxpayer. (f)(1) Any person who:
(A)(i) Organizes or assists in the organization of: (I) A partnership or other entity; (II) Any investment plan or arrangement; or (III) Any other plan or arrangement; or
(ii) Participates directly or indirectly in the sale of any interest in an entity or plan or arrangement referred to in division (i) of this subparagraph; and (B) Makes or furnishes or causes another person to make or furnish in connection with such organization or sale: (i) A statement with respect to the allowability of any deduction or credit, the excludability of any income, or the securing of any other tax benefit by reason of holding an interest in the entity or participating in the plan or arrangement which the person knows or has reason to know is false or fraudulent as to any material matter; or (ii) A gross valuation overstatement as to any material matter shall pay, with respect to each activity described in subparagraph (A) of this paragraph, a penalty equal to $1,000.00 or, if the person establishes that it is less, 100

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percent of the gross income derived or to be derived by such person from such activity. For purposes of this division, activities described in division (i) of subparagraph (A) of this paragraph with respect to each entity or arrangement shall be treated as a separate activity and participation in each sale described in division (ii) of subparagraph (A) of this paragraph shall be so treated. Notwithstanding subparagraph (A) of this paragraph, if an activity with respect to which a penalty imposed under this subsection involves a statement described in division (i) of this subparagraph, the amount of the penalty shall be equal to 50 percent of the gross income derived or to be derived from such activity by the person on which the penalty is imposed.
(2)(A) For purposes of this paragraph, the term 'gross valuation overstatement' means any statement as to the value of any property or services if:
(i) The value so stated exceeds 200 percent of the amount determined to be the correct valuation; and (ii) The value of such property or services is directly related to the amount of any deduction or credit allowable under this chapter or Chapter 7A of this title to any participant. (B) The commissioner may waive all or any part of the penalty provided by paragraph (1) of this subsection with respect to any gross valuation overstatement on a showing that there was a reasonable basis for the valuation and that such valuation was made in good faith. (g)(1) For purposes of this subsection, the term: (A) 'Procures' includes: (i) Ordering or otherwise causing a subordinate to do an act; and (ii) Knowing of and not attempting to prevent participation by a subordinate in an act. (B) 'Subordinate' means any other person whether or not a director, officer, employee, or agent of the taxpayer involved over whose activities the person has direction, supervision, or control. (2) Notwithstanding any provision to the contrary, any person: (A) Who aids or assists in, procures, or advises with respect to the preparation or presentation of any portion of a return, affidavit, claim, or other document; (B) Who knows or has reason to believe that such portion of a return, affidavit, claim, or other document will be used in connection with any material matter arising under this chapter or Chapter 7A of this title; and (C) Who knows that such portion of a return, affidavit, claim, or other document if so used would result in an understatement of the liability for tax of another person shall pay a penalty with respect to each such document in the amount determined under paragraph (3) of this subsection. (3)(A) Except as provided in subparagraph (B) of this paragraph, the amount of the penalty imposed by paragraph (2) of this subsection shall be $1,000.00. (B) If the return, affidavit, claim, or other document relates to the tax liability of a corporation, the amount of the penalty imposed by paragraph (2) of this subsection shall be $10,000.00.

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(C) If any person is subject to a penalty under paragraph (2) of this subsection with respect to any document relating to any taxpayer for any taxable period or, where there is no taxable period, any taxable event, such person shall not be subject to a penalty under paragraph (2) of this subsection with respect to any other document relating to such taxpayer for such taxable period or event. (4) Paragraph (2) of this subsection shall apply whether or not the understatement is with the knowledge or consent of the persons authorized or required to present the return, affidavit, claim, or other document. (5) For purposes of subparagraph (A) of paragraph (2) of this subsection, a person furnishing typing, reproducing, or other mechanical assistance with respect to a document shall not be treated as having aided or assisted in the preparation of such document by reason of such assistance. (6)(A) No penalty shall be assessed under subsection (b) or (c) of this Code section on any person with respect to any document for which a penalty is assessed on such person under paragraph (2) of this subsection. (B) No penalty shall be assessed under subsection (f) of this Code section on any person with respect to any document for which a penalty is assessed on such person under paragraph (2) of this subsection. (h)(1) A civil action in the name of the State of Georgia may be commenced at the request of the commissioner to enjoin any person who is a tax return preparer or an employer having knowledge of an employee tax return preparer who is doing business in this state and engaging in conduct described in this subsection from further engaging in preparing tax returns. This action may be brought by the department in the superior court of the county of the tax return preparer's residence or principal place of business, or in which the taxpayer with respect to whose tax return the action is brought resides. The court may exercise its jurisdiction over the action separate and apart from any other action brought by the State of Georgia against the tax return preparer or any taxpayer. (2) In an action under this subsection, the court may issue an injunction prohibiting a person from acting as a tax return preparer if the court finds that the individual has done any of the following: (A) Engaged in any pattern of conduct subject to a civil penalty under subsection (b), (c), or (e) of this Code section; (B) Guaranteed the payment of any tax refund or the allowance of any tax credit; or (C) Aided or assisted in, counseled, or advised the preparation or presentation under or in connection with any matter arising under the state revenue laws of any returns, affidavits, claims, or other documents, which may constitute a significant congruous pattern of any of the following:
(i) Omissions of income; (ii) Excessive or nonexistent deductions; (iii) Claims of nonexistent dependents; (iv) Fictitious business schedules; (v) Excessive losses; or

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(vi) Documents that are fraudulent or false as to any material matter, whether or not such falsity or fraud is with the knowledge or consent of the person authorized or required to present the return, affidavit, claim, or document. (i)(1) A civil action in the name of the State of Georgia to enjoin any person from further engaging in conduct subject to penalty under subsection (f) of this Code section, relating to penalty for promoting abusive tax shelters, or subsection (g) of this Code section, relating to penalties for aiding and abetting understatement of tax liability, may be commenced at the request of the commissioner. Any action under this subsection shall be brought in the superior court for the county in which that person resides, has his or her principal place of business, or in which that person has engaged in conduct subject to penalty under subsection (f) or (g) of this Code section. The court may exercise its jurisdiction over such action separate and apart from any other action brought by the State of Georgia against that person. (2) In any action under paragraph (1) of this subsection, the court may enjoin a person from engaging in conduct or in any other activity subject to penalty under subsection (f) or (g) of this Code section if the court finds both of the following: (A) The person has engaged in any conduct subject to penalty under subsection (f) or (g) of this Code section; and (B) Injunctive relief is appropriate to prevent recurrence of such conduct. (3) If any citizen or resident of the United States does not reside in Georgia, and does not have his or her principal place of business in Georgia, that citizen or resident shall be treated for purposes of this Code section as residing in Fulton County. (j) Except as otherwise provided, the penalties provided by this Code section shall be in addition to any other penalties provided by law. (k) Any claim for credit or refund of any penalty paid under this Code section shall be filed in accordance with rules and regulations promulgated by the commissioner."
SECTION 17. Said title is further amended by adding a new subsection in Code Section 48-7-101, relating to withholding requirements for income tax, to read as follows:
"(j)(1) The payee of any nonperiodic payment may elect to have withholding made on distributions from a pension, annuity, or similar fund. Such an election shall remain in effect until revoked by the payee. (2) Upon such election by a payee stated in paragraph (1) of this subsection, the payor of any nonperiodic payment shall withhold from such payment the amount specified by the payee, but in no event shall the amount withheld be less than the amount which would be required to be withheld if such payment were a payment of wages by an employer to an employee for the appropriate payroll period. (3) The commissioner is authorized to prescribe forms and to promulgate rules and regulations setting forth the requirements for withholding from such nonperiodic payments and the requirements for making elections to withhold."

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SECTION 18. Said title is further amended by revising paragraph (3) of subsection (a) of Code Section 48-7-129, relating to withholding tax on certain distributions, as follows:
"(3) Any partnership, Subchapter 'S' corporation, or limited liability company which fails to withhold and pay over to the commissioner any amount required to be withheld under this Code section may be liable for a penalty equal to 25 percent of the amount not withheld and paid over. Any penalty imposed under this subsection shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the same manner as the withholding taxes imposed by this article."
SECTION 19. Said title is further amended by repealing subsection (h) of Code Section 48-8-67, relating to distributions of unidentifiable sales and use tax proceeds, which reads as follows:
"(h) The authority of the commissioner to make distributions pursuant to this Code section shall cease on December 31, 2007, unless such authority is extended by a subsequent general Act of the General Assembly."
SECTION 20. (a) Sections 4, 13, and 15 of this Act shall become effective upon this Act's 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, 2007. (b) This section and Sections 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 14, 16, 17, 18, 19, and 21 of this Act shall become effective upon this Act's approval by the Governor or upon its becoming law without such approval.
SECTION 21. All laws and parts of laws in conflict with this Act are repealed.
Representative O`Neal of the 146th moved that the House disagree to the Senate substitute to HB 354.
The motion prevailed.
HB 463. By Representatives McCall of the 30th, Powell of the 29th, Burns of the 157th, Roberts of the 154th, Lunsford of the 110th and others:
A BILL to be entitled an Act to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, so as to change certain provisions relating to exemptions from said chapter; to change certain provisions relating to education and training requirements relative to said chapter, required programs, instructor

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qualifications, and expiration of certification; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
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 of the Department of Natural Resources, the Environmental Advisory Council, duties of the council and its members and the director, procedure for aggrieved persons, and inspections; to change certain provisions relating to certification of locality as local issuing authority, periodic review, procedure for revoking certification, and enforcement actions relative to control of soil erosion and sedimentation; to change certain provisions relating to education and training requirements relative to soil erosion and sedimentation control requirements, required programs, instructor qualifications, and expiration of certification; to provide for regulation and permitting of land disposal sites that receive septic tank waste and rules and regulations relating thereto; to change certain provisions relating to permits from the Department of Natural Resources for land disposal sites that receive septic tank waste and rules and regulations relating thereto; to amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to change certain provisions relating to permits from the Department of Human Resources for land disposal sites that receive septic tank waste and rules and regulations relating 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. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended in Code Section 12-2-2, relating to the Environmental Protection Division, Environmental Advisory Council, duties of the council and its members and the director, procedure for aggrieved persons, and inspections, by revising subparagraph (c)(1)(A) as follows:
"(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 ten 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 notify

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applicants within ten days of receipt of a completed application as to the name and address of the person assigned to perform the review and the date, time, and location of the application review. 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."
SECTION 2. Said chapter is further amended by revising paragraph (3) of Code Section 12-7-17, relating to exemptions from said chapter, as follows:
"(3) Such minor land-disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, fences, beaver dam removal, and other related activities which result in minor soil erosion;"
SECTION 3. Said chapter is further amended by revising Code Section 12-7-8, relating to certification of locality as local issuing authority, periodic review, procedure for revoking certification, and enforcement actions relative to control of soil erosion and sedimentation, as follows:
"12-7-8. (a)(1) If a county or municipality has enacted ordinances which meet or exceed the standards, requirements, and provisions of this chapter and the state general permit, except that the standards, requirements, and provisions of the ordinances for monitoring, reporting, inspections, design standards, turbidity standards, and education and training, and project size thresholds with regard to education and training requirements shall not exceed the state general permit requirements, and which are enforceable by such county or municipality, and if a county or municipality documents that it employs qualified personnel to implement enacted ordinances, the director may certify such county or municipality as a local issuing authority for the purposes of this chapter. (2) A local issuing authority shall regulate both primary and secondary permittees as such terms are defined in the state general permit. Primary permittees shall be responsible for installation and maintenance of best management practices where the primary permittee is conducting land-disturbing activities. Secondary permittees shall be responsible for installation and maintenance of best management practices where the secondary permittee is conducting land-disturbing activities. A local issuing authority must review, revise, or amend its ordinances within 12 months of any amendment to this chapter. (3) Any land-disturbing activities by a local issuing authority shall be subject to the same requirements of the ordinances such local issuing authority adopted pursuant to this chapter as are applied to private persons, and the division shall enforce such requirements upon the local issuing authority.

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(b) The districts or the commission or both shall periodically review semi-annually the actions of counties and municipalities which have been certified as local issuing authorities pursuant to subsection (a) of this Code section. The districts or the commission or both may provide technical assistance to any county or municipality for the purpose of improving the effectiveness of the county's or municipality's erosion and sedimentation control program. The districts or the commission shall notify the division and request investigation by the division if any deficient or ineffective local program is found. (c) The board, on or before December 31, 2003, shall promulgate rules and regulations setting forth the requirements and standards for certification and the procedures for decertification of a local issuing authority. The division may periodically review the actions of counties and municipalities which have been certified as local issuing authorities pursuant to subsection (a) of this Code section. Such review may include, but shall not be limited to, review of the administration and enforcement of and compliance with a governing authority's ordinances and review of conformance with an agreement, if any, between the district and the governing authority. If such review indicates that the governing authority of any county or municipality certified pursuant to subsection (a) of this Code section has not administered or, enforced, or complied with its ordinances or has not conducted the program in accordance with any agreement entered into pursuant to subsection (e) of Code Section 12-7-7, the division shall notify the governing authority of the county or municipality in writing. The governing authority of any county or municipality so notified shall have 30 90 days within which to take the necessary corrective action to retain certification as a local issuing authority. If the county or municipality does not take necessary corrective action within 30 90 days after notification by the division, the division may shall revoke the certification of the county or municipality as a local issuing authority. (d) The director may determine that the public interest requires initiation of an enforcement action by the division. Where such a determination is made and the local issuing authority has failed to secure compliance, the director may implement the board's rules and seek compliance under provisions of Code Sections 12-7-12 through 12-7-15. For purposes of this subsection, enforcement actions taken by the division pursuant to Code Sections 12-7-12 through 12-7-15 shall not require prior revocation of certification of the county or municipality as a local issuing authority."
SECTION 4. Said title is further amended by revising Code Section 12-7-19, relating to education and training requirements relative to soil erosion and sedimentation control requirements, required programs, instructor qualifications, and expiration of certification, as follows:
"12-7-19. (a)(1) Persons After December 31, 2006, all persons involved in land development design, review, permitting, construction, monitoring, or inspection or any landdisturbing activity shall meet the education and training certification requirements, dependent on their his or her level of involvement with the process, as developed by

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the commission in accordance with this Code section and in consultation with the division and the Stakeholder Advisory Board created pursuant to Code Section 12-720. (2) On or after the effective date of this subsection, for each site on which landdisturbing activity occurs, each entity or person acting as either a primary, secondary, or tertiary permittee, as defined in the state general permit, shall have as a minimum one person who is in responsible charge of erosion and sedimentation control activities on behalf of said entity or person and meets the applicable education or training certification requirements developed by the commission present on site whenever land-disturbing activities are conducted on that site. A project site shall herein be defined as any land disturbance site or multiple sites within a larger common plan of development or sale permitted by an owner or operator for compliance with the state general permit. (3) Persons or entities involved in projects not requiring a state general permit but otherwise requiring certified personnel on site may contract with certified persons to meet the requirements of this chapter. (4) If a state general permittee who has operational control of land-disturbing activities for a site has met the certification requirements of paragraph (1) of subsection (b) of this Code section, then any person or entity involved in landdisturbing activity at that site and operating in a subcontractor capacity for such permittee shall have until December 31, 2007, to meet those educational requirements specified in paragraph (4) of subsection (b) of Code Section 12-7-19 and shall not be required to meet any educational requirements that exceed those specified in said paragraph. (b) No less than the following training programs shall be established: (1) A fundamentals seminar (Level 1) will be established which provides sufficient training to all participants as to the applicable laws, requirements, processes, and latest means and methods recognized by the this state to effectively control erosion and sedimentation; (2) An advanced fundamentals seminar (Level 1) will be established which provides additional details of installation and maintenance of best management practices for both regulatory and nonregulatory inspectors and others; (3) An introduction to design seminar (Level 2) will be established which provides required training to design and review a successful erosion, sedimentation, and pollution control plan; (4) An awareness seminar (Level 1) will be established which does not exceed two hours in duration and which provides information regarding the erosion and sediment control practices and processes in the state and which will include an overview of the systems, laws, and roles of the participants; and (5) A trainer and instructor seminar will be established for both Level 1 and Level 2 trainers and instructors which will provide the minimum training as to applicable laws and best management practices and design of erosion, sedimentation, and pollution control plans in the this state.

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(c) Trainer and instructor qualifications will be established with the following minimum requirements:
(1) Level 1 trainers and instructors shall meet at least the following minimum requirements and any other requirements as set by the commission:
(A) Education: four-year college degree or five years' experience in the field of erosion and sediment control; (B) Experience: five-years' experience in the field of erosion and sediment control. Where years of experience is used in lieu of the education requirement of subparagraph (A) of this paragraph, a total of ten years' field experience is required; (C) Approval by the commission and the Stakeholder Advisory Board; and (D) Successful completion of the Level 1 trainer and instructor seminar found in paragraph (5) of subsection (b) of this Code section; and (2) Level 2 trainers and instructors shall meet at least the minimum requirements of a Level 1 trainer or instructor, any other requirements as set by the commission, and successful completion of the Level 2 trainer and instructor seminar created under paragraph (5) of subsection (b) of this Code section. (d) In addition to the requirements of subsection (c) of this Code section, the commission shall establish and any person desirous of holding certification must obtain a passing grade as established by the Stakeholder Advisory Board on a final exam covering the material taught in each mandatory seminar; provided, however, that there shall be no final exam requirement for purposes of paragraph (4) of subsection (b) of this Code section. Final exams may, at the discretion of the commission, serve in lieu of attendance at the seminar. Any person shall be authorized to administer a final examination for any seminar for which he or she was the instructor. (e)(1) A certification provided by achieving the requirements established by the commission shall expire no later than three years after its issuance. (2) A certified individual shall be required to attend and participate in at least four hours of approved continuing education courses, as established by the commission, every three years. (3) A certification may be extended or renewed by meeting requirements established by the commission. (4) Revocation procedures may be established by the commission in consultation with the division and the Stakeholder Advisory Board."
SECTION 5. Said title is further amended by revising Code Section 12-8-41, relating to permits from the Department of Natural Resources for land disposal sites that receive certain septic tank waste and rules and regulations relating thereto, as follows:
"12-8-41. The department shall provide by rule or regulation for the regulation and permitting of any land disposal site that receives septic tank waste from more than one any one or more septic tank pumping and hauling business businesses; provided, however, that no such permit shall be issued except on the written approval of the governing authority of

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each county in which such site is wholly or partially located; provided, further, that no such approval shall be required if such site was in operation as of July 1, 2002. No such site which was not in operation on January 1, 2002, shall receive septic tank waste on or after July 1, 2002, unless a permit has been issued by the department. Any new permit issued for such type of site on or after July 1, 2007, shall be issued by the department under this Code section. Any such type of site that as of June 30, 2007, operated under a valid permit issued on or before such date by the Department of Human Resources under Code Section 31-2-8 may continue to operate under such Code section until July 1, 2012, but a permit shall be obtained from the department under this Code section prior to such date in order to continue such operation thereafter."
SECTION 6. Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, is amended by revising Code Section 31-2-8, relating to permits from the Department of Human Resources for land disposal sites that receive certain septic tank waste and rules and regulations relating thereto, as follows:
"31-2-8. The Until July 1, 2012, the department shall provide by rule or regulation for the regulation and permitting of any land disposal site that receives septic tank waste from only one septic tank pumping and hauling business and which as of June 30, 2007, operated under a valid permit for such activity as issued by the department under this Code section; provided, however, that no such permit shall be issued except on the written approval of the governing authority of each county in which such site is wholly or partially located. No such site which was not in operation on January 1, 2002, shall receive septic tank waste on or after July 1, 2002, unless a permit has been issued by the department. No new permit shall be issued by the department under this Code section for such type of site on or after July 1, 2007, but instead any new permit issued for such type of site on or after such date shall be issued by the Department of Natural Resources under Code Section 12-8-41. This Code section shall stand repealed on July 1, 2012."
SECTION 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
Representative McCall of the 30th moved that the House disagree to the Senate substitute to HB 463.
The motion prevailed.

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HB 48. By Representatives Chambers of the 81st, Bearden of the 68th and Geisinger of the 48th:
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 redefine certain terms; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL
To amend Code Section 16-5-1 and Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to murder and felony murder and definitions relative to the Georgia State Indemnification Fund, so as to change certain provisions of the Code when certain public safety officers are killed; to change the punishment for murder when the victim is a peace officer, corrections employee, provider of emergency medical services, or firefighter while engaged in the performance of his or her official duties; to redefine certain terms; 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 16-5-1 of the Official Code of Georgia Annotated, relating to murder and felony murder, is amended by revising subsection (d) as follows:
"(d)(1) Except as provided in paragraph (2) of this subsection, a A person convicted of the offense of murder shall be punished by death, by imprisonment for life without parole, or by imprisonment for life. (2) A person convicted of the offense of murder committed against any peace officer, corrections employee, provider of emergency medical services, or firefighter while engaged in the performance of his or her official duties shall be punished by death or by imprisonment for life without parole. (e) With regard to the offense of murder as described in paragraph (2) of subsection (d) of this Code section, notwithstanding any other provision of law, if the prosecuting attorney has given notice that the state intends to seek the death penalty pursuant to the Uniform Rules of the Superior Courts, and the defendant is convicted and is not sentenced to death, the defendant shall be sentenced to imprisonment for life without parole, and if the prosecuting attorney does not seek the death penalty, and the defendant is convicted, the defendant shall be sentenced to imprisonment for life without parole."

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SECTION 1. Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia State Indemnification Fund, is amended by revising paragraph (5) to read as follows:
"(5) 'In the line of duty' means: (A) With respect to an emergency medical technician, while training, on duty, and when responding to or returning from an emergency or performing duties at the scene of an emergency or transporting a person to a medical facility for emergency treatment or returning therefrom; (B) With respect to a firefighter, while training, on duty, and when responding to or returning from a fire or other emergency or performing duties during any fire or other emergency or performing duties intended to protect life and property; (C) With respect to a law enforcement officer or firefighter, while on duty and performing services for and receiving with or without compensation from the law enforcement and fire service agency which employs such officer or firefighter, while off duty when responding to any situation which would save a life or preserve the peace, or while preventing or attempting to prevent the commission of a crime or fire. A law enforcement officer or firefighter who is performing duties for and receiving compensation from a private employer at the time of such officer's or firefighter's death or bodily injury causing permanent disability shall not be considered in the line of duty unless the officer or firefighter has left the scope of his or her employment for the private employer for the direct purpose of enforcing or attempting to enforce fire service, the criminal or traffic laws, preserving or attempting to preserve public order, protecting or attempting to protect life or property, performing active state service as a member of the Georgia National Guard, preventing or attempting to prevent a crime, detecting or attempting to detect crime, or investigating or attempting to investigate crime. The determination that a law enforcement officer or firefighter was killed or permanently disabled in the line of duty and is entitled to indemnification pursuant to this part shall not be considered in the determination of the entitlement of such officer to workers' compensation, disability, health, or other benefits from such officer's or firefighter's public or private employer; (D) With respect to a prison guard, while on duty and performing services for and receiving compensation from the public agency which employs such prison guard; or (E) With respect to a state highway employee, while on duty and performing any work necessary for the construction, maintenance, or operation of a roadway on or within the public roads of the state as defined in paragraph (24) of Code Section 321-3 when such employee is killed or permanently disabled as the result of working under hazardous conditions in close proximity to moving traffic or equipment."

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SECTION 2. Said Code section is further amended by striking paragraph (6) and inserting in lieu thereof the following:
"(6) 'Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, of this state, an authority or instrumentality of this state, or a local authority created as a joint public instrumentality of municipalities or counties of this state, 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 expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the employees designated by the commissioner of juvenile justice of the Department of Juvenile Justice pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8, which employees have the duty to investigate and apprehend delinquent and unruly children who have escaped from a facility under the jurisdiction of the Department of Juvenile Justice or who have broken the conditions of supervision. Such term also includes members of the Georgia National Guard, the composition of which is set forth in Code Section 38-23, who have been called into active state service by the Governor."
SECTION 3. Said Code section is further amended by revising subparagraph (B) of paragraph (4) as follows:
"(B) 'Firefighter' or 'fireman' shall also mean any individual serving as an officially recognized or designated member of a legally organized volunteer fire department or any employee of the Georgia Forestry Commission whose job duties include fire mitigation who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Chambers of the 81st moved that the House disagree to the Senate substitute to HB 48.
The motion prevailed.
The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

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SB 205. By Senators Thomas of the 54th, Balfour of the 9th, Henson of the 41st, Wiles of the 37th, Unterman of the 45th 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 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.
Representative Knox of the 24th moved that the House insist on its position in substituting SB 205.
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 233. By Representatives Ralston of the 7th, Mumford of the 95th, Bearden of the 68th, Oliver of the 83rd and Forster of the 3rd:
A BILL to be entitled an Act to amend Chapter 5 of Title 30 and Code Section 31-8-81 of the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons and definitions for the "Longterm Care Facility Resident Abuse Reporting Act," respectively, so as to revise the definition of the term "exploitation"; to change provisions relating to criminal penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
Representative Ralston of the 7th moved that the House insist on its position in disagreeing to the Senate amendment to HB 233 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, Bearden of the 68th and Mumford of the 95th.

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The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:
HB 314. By Representatives Neal of the 1st, Ralston of the 7th, Day of the 163rd, Coan of the 101st, Fleming of the 117th and others:
A BILL to be entitled an Act to amend Code Section 24-4-60 of the Official Code of Georgia Annotated, relating to requirement for DNA analysis of blood of persons convicted of certain sex offenses or convicted of a felony and incarcerated in a state correctional facility, so as to provide for DNA analysis of persons convicted of certain felonies and sexual offenses who are placed on probation; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL
To amend Title 16 and Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to crimes and offenses and the Sexual Offender Registration Review Board, respectively, so as to change provisions relating to sexual offenses or sexually related offenses; to provide that it shall be unlawful for persons required to register as sexual offenders to photograph a minor under certain circumstances; to provide for penalties; to provide for gender neutrality with regard to the offense of incest; to change certain definitions; to provide for sexual offenders to register with the sheriff of any county where such offender resides, is employed, or is attending an institution of higher education in lieu of only registering in the county of residence and having the sheriff for such county be responsible for forwarding information about such offender to the sheriffs of the counties where such offender is employed or attends an institution of higher education; to require sexual offenders to submit palm prints; to change certain residency requirements for certain sexual offenders; to require the Department of Corrections to forward certain information to sheriffs; to change reporting requirements when a sexual offender is incarcerated; to change provisions relating to the time frame a sheriff has to update certain information; to change certain penalty provisions; to change provisions relating to restrictions on where sexual offenders and sexually dangerous predators may reside, work, and volunteer; to provide a mechanism for certain elderly and disabled sexual offenders to petition the superior court to be released from certain residency requirements; to amend Code Section 24-4-60 of the Official Code of Georgia Annotated, relating to requirement for DNA analysis of blood of persons convicted of certain sex offenses or convicted of a felony and incarcerated in a state correctional facility, so as to provide for DNA analysis of persons convicted of certain felonies and sexual offenses who are placed on probation; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising subsection (a) of Code Section 16-6-22, relating to incest, as follows:
"(a) A person commits the offense of incest when the such 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 to 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 1.1. Said title is further amended by revising Part 2 of Article 3 of Chapter 12, relating to offenses related to minors generally, by adding a new Code section to the end of the part to read as follows:
"16-12-100.4. (a) As used in this Code section, the term:
(1) 'Minor' means any individual who is under 18 years of age. (2) 'Photograph' means any picture, film or digital photograph, motion picture film, videotape, or similar visual representation or image of a person. (b) It shall be unlawful for any person who is required to register as a sexual offender pursuant to Code Section 42-1-12 to intentionally photograph a minor without consent of the minor's parent or guardian. (c) Any person who violates this Code section shall be guilty of a misdemeanor of a high and aggravated nature."
SECTION 2. Code Section 24-4-60 of the Official Code of Georgia Annotated, relating to requirement for DNA analysis of blood of persons convicted of certain sex offenses or convicted of a felony and incarcerated in a state correctional facility, is revised as follows:
"24-4-60. (a) As used in subsection (b) of this Code section, the term 'state correctional facility' means a penal institution under the jurisdiction of the Department of Corrections, including inmate work camps and inmate boot camps; provided, however, that such term shall not include a probation detention center, probation diversion center, or probation boot camp under the jurisdiction of the Department of Corrections.

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(b) Any person convicted of a criminal offense defined in Code Section 16-6-1, relating to the offense of rape; Code Section 16-6-2, relating to the offense of sodomy or aggravated sodomy; Code Section 16-6-3, relating to the offense of statutory rape; Code Section 16-6-4, relating to the offense of child molestation or aggravated child molestation; Code Section 16-6-5, relating to the offense of enticing a child for indecent purposes; Code Section 16-6-5.1, relating to the offense of sexual assault against persons in custody, sexual assault against a person detained or a patient in a hospital or other institution, or sexual assault by a practitioner of psychotherapy against a patient; Code Section 16-6-6, relating to the offense of bestiality; Code Section 16-6-7, relating to the offense of necrophilia; or Code Section 16-6-22, relating to the offense of incest, shall have a sample of his or her blood, an oral swab, or a sample obtained from a noninvasive procedure taken for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person. In addition, on and after July 1, 2000, any person convicted of a felony and incarcerated in a state correctional facility shall at the time of entering the prison system have a sample of his or her blood, an oral swab, or a sample obtained from a noninvasive procedure taken for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person. The provisions and requirements of this Code section shall also apply to any person who has been convicted of a felony prior to July 1, 2000, and who currently is incarcerated in a state correctional facility in this state for such offense. The provisions and requirements of this Code section shall also apply to any person who has been convicted of a felony in this state on or after July 1, 2000, and who is incarcerated in a private correctional facility in this state for such offense pursuant to a contract with the Department of Corrections upon entering the facility, and for any person convicted of a felony prior to July 1, 2000, and who is incarcerated in a private correctional facility in this state pursuant to contract with the Department of Corrections. The analysis shall be performed by the Division of Forensic Sciences of the Georgia Bureau of Investigation. The division shall be authorized to contract with individuals or organizations for services to perform such analysis. The identification characteristics of the profile resulting from the DNA analysis shall be stored and maintained by the bureau in a DNA data bank and shall be made available only as provided in Code Section 24-4-63.
(c)(1) On and after July 1, 2007, any person who is placed on probation shall have a sample of his or her blood, an oral swab, or a sample obtained from a noninvasive procedure taken for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person if such person is convicted of a felony violation of any of the following:
(A) Chapter 5 of Title 16, relating to crimes against persons; (B) Code Section 16-6-1, relating to the offense of rape; (C) Code Section 16-6-2, relating to the offense of sodomy or aggravated sodomy; (D) Code Section 16-6-3, relating to the offense of statutory rape; (E) Code Section 16-6-4, relating to the offense of child molestation or aggravated child molestation;

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(F) Code Section 16-6-5, relating to the offense of enticing a child for indecent purposes; (G) Code Section 16-6-5.1, relating to the offense of sexual assault against persons in custody, sexual assault against a person detained or a patient in a hospital or other institution, or sexual assault by a practitioner of psychotherapy against a patient; (H) Code Section 16-6-6, relating to the offense of bestiality; (I) Code Section 16-6-7, relating to the offense of necrophilia; (J) Code Section 16-6-22, relating to the offense of incest; (K) Code Section 16-7-1, relating to the offense of burglary; (L) Code Section 16-8-40, relating to the offense of robbery; (M) Code Section 16-8-41, relating to the offense of armed robbery; (N) Code Section 16-10-23, relating to the offense of impersonating an officer; (O) Code Section 16-10-24, relating to the offense of obstruction of an officer; (P) Article 4 of Chapter 11 of Title 16, relating to dangerous instrumentalities and practices; and (Q) Chapter 13 of Title 16, relating to controlled substances. (2) The analysis shall be performed by the Division of Forensic Sciences of the Georgia Bureau of Investigation. The division shall be authorized to contract with individuals or organizations for services to perform such analysis. The identification characteristics of the profile resulting from the DNA analysis shall be stored and maintained by the bureau in a DNA data bank and shall be made available only as provided in Code Section 24-4-63. The Department of Corrections shall be responsible for collecting such sample."
SECTION 3. Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to the Sexual Offender Registration Review Board, is amended in Code Section 42-1-12, relating to the State Sexual Offender Registry, by revising paragraphs (1) and (6) of subsection (a) and subparagraphs (a)(16)(A) and (a)(16)(C) as follows:
"(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 or in a vehicle does not constitute an address." "(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. Such term shall not include private, in-home child day care which is not licensed by this state."
"(A) Name; social security number; age; race; sex; date of birth; height; weight; hair color,; eye color,; fingerprints; palmprints; and photograph;" "(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 Reserved;"

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SECTION 4. Said article is further amended in Code Section 42-1-12, relating to the State Sexual Offender Registry, by revising paragraphs (3), (6), and (8) of subsection (b) as follows:
"(3) Inform the sexual offender that, if the sexual offender changes any of the required registration information, other than residence address, place of employment, or enrollment at an institution of higher education, the sexual offender shall give the new information to the sheriff of the each 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, change in employment location, or change in where the sexual offender is attending an institution of higher education, the sexual offender shall give the information to the sheriff of the each county with whom the sexual offender last registered within 72 hours prior to moving or changing employment or attendance at an institution of higher education and to the sheriff of the county to which the sexual offender is moving or changing employment or attendance at an institution of higher education within 72 hours after the change of information;" "(6) Obtain fingerprints, palm prints, and a current photograph of the sexual offender;" "(8) At least 30 days prior to such release, obtain 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"
SECTION 5. Said article is further amended in Code Section 42-1-12, relating to the State Sexual Offender Registry, by revising paragraph (3) of subsection (c) as follows:
"(3) Forward the sexual offender's fingerprints and photograph, at least 30 days prior to the sexual offender's release from prison, placement on parole, supervised release, or probation, the following information to the sheriff's office of the county where the sexual offender is going to reside:
(A) The sexual offender's fingerprints, palm prints, and photograph; (B) The sexual offender's crime of conviction, including conviction date and the jurisdiction of the conviction; and (C) The sexual offender's address;"
SECTION 6. Said article is further amended in Code Section 42-1-12, relating to the State Sexual Offender Registry, by revising subsection (f) as follows:
"(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 in person with the sheriff of the each county in which the sexual offender resides, is employed, or attends an institution of higher education within 72 hours

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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 each county in which the sexual offender resides, is employed, or attends an institution of higher education; (4) Renew the required registration information with the sheriff of the each county in which the sexual offender resides, is employed, or attends an institution of higher education by reporting in person to the sheriff within 72 hours prior to such offender's birthday each year to be photographed, and fingerprinted, and palm printed; provided, however, that such offender shall only be photographed, fingerprinted, and palm printed in the county where such offender resides; (5) Update the required registration information with the sheriff of the each county in which the sexual offender resides, is employed, or attends an institution of higher education within 72 hours of any change to the required registration information, other than residence address, place of employment, or enrollment at an institution of higher education; if the information is the sexual offender's new residence address, change in employment location, or change in where the sexual offender is attending an institution of higher education, the sexual offender shall give the information to the sheriff of the each county with whom the sexual offender last registered within 72 hours prior to any change of residence address, place of employment, or enrollment at an institution of higher education, 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 excluding ensuing periods of incarceration."
SECTION 7. Said article is further amended in Code Section 42-1-12, relating to the State Sexual Offender Registry, by revising paragraphs (1), (3), (4), and (6) of subsection (i) as follows:
"(1) Prepare and maintain a list of all sexual offenders and sexually dangerous predators residing, working, or attending an institution of higher education 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;" "(3) Maintain and post a list of every sexual offender residing, working, or attending an institution of higher education in each county and electronically submit and update such list for posting:

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(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 five business days;" "(6) Update the list of sexual offenders residing, working, or attending an institution of higher education in the county upon receipt of new information affecting the residence address, employment, or attendance at an institution of higher education of a sexual offender or upon the registration of a sexual offender moving into the county, gaining employment in the county, becoming enrolled in an institution of higher education in the county, or 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;"
SECTION 8. Said article is further amended in Code Section 42-1-12, relating to the State Sexual Offender Registry, by revising paragraph (1) of subsection (j) as follows:
"(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."
SECTION 9. Said article is further amended in Code Section 42-1-12, relating to the State Sexual Offender Registry, by revising subsection (n) as follows:
"(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 of the county where he or she resides, is employed, or is attending an institution of higher education 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."

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SECTION 10. Said article is further amended by revising Code Section 42-1-15, relating to the restrictions on registered sexual offenders residing, working, or loitering within certain areas, the penalties for violations, and civil causes of actions, as follows:
"42-1-15. (a)(1) No individual who is 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 structure or dwelling 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. (2) A superior court may issue an order releasing an individual who is required to register pursuant to Code Section 42-1-12 from the residency requirements of this subsection if the individual or someone acting on behalf of the individual petitions the superior court of the jurisdiction in which such individual resides to be released from the residency requirements of this subsection, the court finds by a preponderance of the evidence that the individual does not pose a substantial risk of perpetrating any future dangerous sexual offense, and the individual: (A) Resides in a hospice facility, skilled nursing home, residential care facility for the elderly, or nursing home; (B) Is totally and permanently disabled as such term is defined in Code Section 494-80; (C) Is otherwise seriously physically incapacitated due to illness or injury; or (D) Is 75 years of age or older and at least ten years have elapsed since the date of release from prison or placement on parole, supervised release, or probation. (b)(1) No individual who is required to register under Code Section 42-1-12 shall be employed by or volunteer at any child care facility, school, or church or by or at any business or entity that is located within 1,000 feet of a child care facility, a school, or a church. Such distance shall be determined by the location in which such individual actually carries out or performs the functions of his or her job. (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. Such distance shall be determined by the location in which the sexually dangerous predator actually carries out or performs the functions of his or her job.
(c) Notwithstanding any ordinance or resolution adopted pursuant to Code Section 166-24 or subsection (d) of Code Section 16-11-36, 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,

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corporation, partnership, trust, or association other than an individual required to be registered under Code Section 42-1-12."
SECTION 11. All laws and parts of laws in conflict with this Act are repealed.
Representative Neal of the 1st moved that the House disagree to the Senate substitute to HB 314.
The motion prevailed.
HB 214. By Representatives Barnard of the 166th, Smith of the 70th, Stephens of the 164th, Parsons of the 42nd, Lane of the 158th and others:
A BILL to be entitled an Act to amend Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Jekyll Island-- State Park Authority, so as to provide for a renewal of the property lease to the authority; to extend the existence of the authority consistent with such lease renewal; to provide for legislative oversight of the authority; to provide for legislative intent; 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 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Jekyll Island--State Park Authority, so as to provide for a renewal of the property lease to the authority; to extend the existence of the authority consistent with such lease renewal; to provide for advisory members of the authority; to clarify that the authority is exempt from certain taxation; to change certain provisions relating to terms of leases, assignment, preservation, continuance, and survival of rights and privileges; to place certain restrictions on leases; to change certain provisions relating to Jekyll Island--State Park Authority powers, disposition of proceeds of sale, creation of reserve fund, and signing conveyances; to change certain provisions relating to creation, contents of a master plan as to Jekyll Island, notice and hearing on a preliminary plan, adherence to plan, and amendments; to change certain provisions relating to conditions on sale of residential lots and commercial property, price, and payment into state treasury; to provide for legislative 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:

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SECTION 1. The Georgia General Assembly finds that Jekyll Island is home to some of the state's most treasured natural and cultural resources and it is the expressed intent of this body to ensure the preservation of these resources for the enjoyment of all Georgians now and for future generations to come. For this reason, the state shall continue its commitment that not less than 65 percent of the land area of Jekyll Island which lies above water at mean high tide shall remain undeveloped. Jekyll Island proudly displays one of Georgia's largest stretches of barrier island property. It is the expressed intent of this body that the beach areas of Jekyll Island will remain free and open for the use of the people of the state. Commercial improvement is intended to better existing and future development of the remaining 35 percent of Jekyll Island while retaining public access to the beaches for the pleasure of all of Georgia's citizens. The General Assembly further finds that the deteriorating conditions of public and commercial facilities is of great interest to the legislature and to the public and that by significantly extending the existing lease authority for the island's property, the state will thereby help to secure and encourage future investments and provide a basis for long-term revitalization of the island. Jekyll Island is recognized by this body as "Georgia's Jewel," and its remarkable beauties are hereby preserved so that they may continue to shine for all citizens of Georgia.
SECTION 2. Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Jekyll Island--State Park Authority, is amended by revising Code Section 12-3-232 as follows:
"12-3-232. (a) There is created a body corporate and politic to be known as the Jekyll Island-- State Park Authority, which shall be deemed to be an instrumentality of the state and a public corporation, and by that name, style, and title such body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts. The authority may delegate to one or more of its members, or to its officers, agents, and employees, such powers and duties as it may deem proper. The authority shall exist for 99 years and, upon the expiration thereof, shall exist for an additional 30 years. (b) The authority is assigned to the Department of Natural Resources for administrative purposes only."
SECTION 3. Said part is further amended by revising Code Section 12-3-233, relating to appointment of members to the Jekyll Island--State Park Authority, by redesignating subsections (d) and (e) as subsections (f) and (g) and inserting new subsections (d) and (e) as follows:
"(d) Two advisory members shall be appointed from the membership of the Recreational Authorities Overview Committee to serve on the authority in an advisory capacity only without voting privileges. One advisory member shall be appointed by the Speaker of the House and one advisory member shall be appointed by the President

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of the Senate. This subsection shall stand automatically repealed and reserved on December 31, 2009. (e) Membership on the authority does not constitute public office and no member shall be disqualified from holding public office by reason of his or her membership."
SECTION 4. Said part is further amended by revising subsection (a) of Code Section 12-3-241, relating to the lease to the authority, as follows:
"(a) To the authority is granted, for and on the part of the State of Georgia, a lease for a term of 99 years, beginning on February 13, 1950, to which term shall be automatically extended an additional 30 years upon the ending of the initial term. The lease shall be for all of that island of the State of Georgia, County of Glynn, being known as Jekyll Island and the marshes and marsh islands adjacent and adjoining the same owned by the State of Georgia; being that island of 11,000 acres, more or less, lying east of the mainland coast of Georgia, County of Glynn, bounded on its easterly shore by the Atlantic Ocean; bounded upon its northerly shore by Brunswick River, bounded on its westerly shore by Brunswick River, Jekyll Creek, Jekyll River, and Jekyll Sound; and bounded on its southerly shore by Jekyll Sound, together with the adjacent and adjoining marshes and marsh islands; which properties may also be described as all of the lands acquired by the State of Georgia in a certain condemnation proceeding, State of Georgia vs. Jekyll Island Club, Inc., et al., filed June 6, 1947, in Glynn County Superior Court; which properties may also be described in all conveyances, conveying any and all parts of Jekyll Island and the adjacent and adjoining marshes and marsh islands to the State of Georgia, recorded upon the official deed books of Glynn County as of February 13, 1950, all and each one of said conveyances being, by reference, expressly incorporated into this Code section and made in their entireties, a part hereof."
SECTION 4A. Said part is further amended by revising paragraph (2) of subsection (a) of Code Section 12-3-243, relating to Jekyll Island--State Park Authority powers, disposition of proceeds of sale, creation of reserve fund, and signing conveyances, as follows:
"(2)(A) The authority shall not survey, subdivide, improve, lease, sell, develop, or otherwise cause a project to be constructed on the 65 percent of the land area of Jekyll Island which the authority is not empowered to survey, subdivide, improve, and lease or sell pursuant to paragraph (1) of this subsection; provided, however, that nothing in this paragraph shall be construed as to require the removal of any improvement on such land area which was completed on March 14, 1995. (B) That portion of Jekyll Island lying south of 31 degrees, 1 minute, 34 seconds north latitude as such latitude is depicted on the 1993 USGS topographic survey 7.5 minute series quadrangle map shall always be included within the area of Jekyll Island protected by this paragraph, and the authority shall not enter into, renew, or extend any agreement or otherwise take any action regarding such southern portion

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of the island in violation of this paragraph on or after the effective date of this subparagraph, except as otherwise provided in this subparagraph. The removal of any improvement on such southern portion of the island which was completed prior to the effective date of this subparagraph shall not be required. Upon the expiration or termination of any lease of a lot for a single-family residence on such southern portion of the island, the authority may again lease such lot to the same or another lessee for a single-family residence or noncommercial purpose or the authority may set aside the lot for public use; but the lot shall not be further subdivided, and the authority shall not lease such lot for any multifamily residence or commercial purpose. Those properties used for the Jekyll Island 4-H center and soccer complex may continue to be used and improved for the same and no other purposes under an extension or renewal of an existing lease or under a new lease. This subparagraph shall not prohibit the construction and use of any public bicycle trails or nature trails on such southern portion of the island by the authority. This subparagraph shall not be applied to impair the obligation of any valid contract entered into prior to the effective date of this subparagraph."
SECTION 4AAA. Said part is further amended in Code Section 12-3-243.1, relating to creation, contents of a master plan as to Jekyll Island, notice and hearing on a preliminary plan, adherence to plan, and amendments, by revising paragraph (4) of subsection (d) as follows:
"(4) In the event a standing committee to which the information has been assigned as provided in paragraph (3) of this subsection files an objection to a proposed amendment to the master plan with the chairperson of the authority prior to the authority's taking action on the proposed amendment and the authority adopts the proposed amendment over the objection, the authority shall notify the presiding officers of the Senate and House of Representatives, the chairpersons of the standing committees to which the information was referred, and the Office of Legislative Counsel within ten days after the adoption of the amendment to the master plan, then the same shall be stayed. Thereafter, by introduction of a resolution to override the amendment consider the committee's objection within the first 30 days of the next regular session of the General Assembly, the amendment objection may be considered for ratification by the branch of the General Assembly whose committee objected to its adoption. In the event the resolution is adopted by the members of the branch of the General Assembly in which it is introduced, it shall be immediately transferred to the other branch of the General Assembly, which branch shall consider the resolution within five days of its being received. In the event the resolution to override the amendment to the master plan is adopted by a vote of two-thirds of the members of each branch, the amendment to the master plan shall be void on the day after the adoption of the resolution by the second branch of the General Assembly not be adopted by the authority. In the event the resolution is ratified by a vote of less than two-thirds of the members of either house, the resolution shall be submitted to the Governor for approval or veto. In the event the resolution fails to pass both houses or

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is vetoed by the Governor, the amendment to the master plan shall remain in effect may be adopted by the authority and the stay of the committee shall be lifted. In the event of the Governor's approval of the resolution, the amendment to the master plan shall be void on the day after the date of the Governor's approval of the resolution prohibited;"
SECTION 4B. Said part is further amended by revising Code Section 12-3-245, relating to terms of leases, assignment, preservation, continuance, and survival of rights and privileges, as follows:
"12-3-245. (a) The leasing of the subdivided lots shall be for not more than 99 years. Such leases as the authority shall designate may be made freely assignable, subject to all the liabilities, obligations, and duties imposed upon the lessee by the authority in its original lease. In its leasehold conveyance or rental contracts, the authority may create and provide for the preservation of such rights and privileges in the present or future security grantees, mortgagees, or other lenders upon the security of the lessee's or tenant's rights, as the authority may deem wise. Such rights and privileges, when created, may also provide for their continuance or survival after termination or forfeiture of the original leasehold or rental contract. (b)(1) No lot that was under lease for a single-family residential purpose as of the effective date of this subsection shall be used after such date for a multifamily residential purpose or further subdivided, whether under the same or another lease. (2) No lot that was under lease for a commercial purpose as of the effective date of this subsection shall be used after such date for any residential purpose, whether under the same or another lease. (3) This subsection shall not be applied to impair an obligation under any valid contract entered into prior to the effective date of this subsection."
SECTION 4C. Said part is further amended by revising subsections (a), (b), and (c) and adding a new subsection (c.1) in Code Section 12-3-247, relating to conditions on sale of residential lots and commercial property, price, and payment into state treasury, as follows:
"(a) The authority shall sell only those residential lots which have theretofore been leased by it not sell any residential lot unless obligated to do so under the terms of a valid lease agreement entered into prior to the effective date of this Code section, and such a sale shall be made only to the person who shall hold such lease, his or her assignee, or assigns. No conveyance of the fee simple title to any residential lot shall be made until the lessee of such lot has performed all the obligations regarding the improvement and erection of structures on the lot as are imposed by the lease. (b) The authority shall sell no not sell any commercial property on which improvements were erected prior to March 1, 1957, but the authority may sell other commercial property; and the authority shall not sell any other commercial property

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unless obligated to do so under the terms of a valid lease agreement entered into prior to the effective date of this Code section, in which event the commercial property may be sold in the same manner as provided by this part for the sale of leased residential lots. Alternatively, if such commercial property has not previously been leased, it may be sold directly by the authority, provided that the deeds for such direct sales must provide that unless all obligations contained in the conveyance as to improvements and erection of structures on such property are fulfilled, the property shall revert to the authority and the state, as their interest may appear. (c) All sales of residential lots and commercial property, except for direct sales of commercial property provided in this Code section, shall be made at the conversion price set by the authority in accordance with Code Section 12-3-250, provided that any person who purchases any residential lot sold by the authority shall be entitled to credit on the purchase price to the extent of all payments made by him or his assignors or predecessors in interest on such lease, provided that such credit shall not exceed the purchase price of such lot. If such credit shall equal the purchase price for such lot, the lessee shall be entitled to a conveyance of the fee simple title to such lot, and the authority shall thereupon pay into the state treasury an amount equal to the value of the state's interest in such property as determined as provided in Code Section 12-3-249. The authority shall establish proper reserves to ensure that funds will be available for such purpose. (c.1) On and after the effective date of this Code section, the authority shall not enter into, extend, or renew any agreement providing for the sale of any residential or commercial lot on Jekyll Island, and Code Section 12-3-250 shall not apply to any new, extended, or renewed agreement."
SECTION 5. Said part is further amended by revising Code Section 12-3-274, relating to the exemption from taxation of authority property, activities, income, and bonds, as follows:
"12-3-274. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose are in all respects for the benefit of the people of this state and constitute a public purpose and that the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this part. 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 upon any fees, rentals, or other charges received by the authority for the use of such buildings, or upon other income received by the authority and that the authority shall be exempt from all sales and use taxes. Further, this state covenants that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from all taxation within the state."

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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 Barnard of the 166th moved that the House disagree to the Senate substitute to HB 214.
The motion prevailed.
HB 419. By Representatives Floyd of the 147th, Rice of the 51st, Powell of the 29th and Bearden of the 68th:
A BILL to be entitled an Act to amend Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to commercial drivers' licenses, so as to provide for definitions of certain terms; to change provisions relating to issuance of commercial drivers' licenses and permits; to provide for expiration of commercial drivers' licenses; to provide for disqualifications, revocations, and suspensions of commercial drivers' licenses; to provide penalties for violations; 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 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to change certain provisions relating to driver's license requirement, surrender of prior licenses, and prohibition of local licenses; to provide that suspensions by operation of law run consecutively to any other suspension imposed by the department; to change certain provisions relating to driving while license suspended or revoked; to specify punishments for driving without being licensed; to provide for definitions of certain terms; to change provisions relating to issuance of commercial drivers' licenses and permits; to provide for expiration of commercial drivers' licenses; to provide for disqualifications, revocations, and suspensions of commercial drivers' licenses; to provide penalties for violations; 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 change provisions relating to punishment for the offense of fleeing or attempting to elude a pursuing police vehicle or police officer; to amend Code Section 40-16-4 of the Official Code of Georgia Annotated, relating to duties of the commissioner of driver services, so as to give the commissioner the power to hire investigators; to amend Code Section 42-4-

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14 of the Official Code of Georgia Annotated, relating to determination of nationality of person charged with felony or driving under the influence and confined in a jail facility, so as to provide for determination of nationality of person convicted of driving without being licensed; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by revising subsection (a) of Code Section 40-5-20, relating to driver's license requirement, surrender of prior licenses, and prohibition of local licenses, as follows:
"(a) No person, except those expressly exempted in this chapter, shall drive any motor vehicle upon a highway in this state unless such person has a valid driver's license under this chapter for the type or class of vehicle being driven. Any person who is a resident of this state for 30 days shall obtain a Georgia driver's license before operating a motor vehicle in this state. Violations of this subsection shall be punished as provided in Code Section 40-5-121."
SECTION 2. Said chapter is further amended by revising Code Section 40-5-75, relating to suspension of licenses by operation of law, by adding a new subsection (i) as follows:
"(i) Notwithstanding any other provision of this chapter to the contrary, the suspension imposed pursuant to this Code section shall be in addition to and run consecutively to any other suspension imposed by the department at the time of the conviction that results in said suspension. If the person has never been issued a driver's license, the person shall not be eligible for a driver's license for the applicable period of suspension following his or her submission of an application for issuance thereof."
SECTION 3. Said chapter is further amended by revising Code Section 40-5-121, relating to driving while license suspended or revoked, as follows:
"40-5-121. (a) Except when a license has been revoked under Code Section 40-5-58 as a habitual violator, any person who drives a motor vehicle on any public highway of this state without being licensed as required by subsection (a) of Code Section 40-5-20 or at a time when his or her privilege to do so drive is suspended, disqualified, or revoked shall be guilty of a misdemeanor for a first conviction thereof and, upon a first conviction thereof or plea of nolo contendere 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 punished by imprisonment for not less than two days nor more than 12 months, and there may be imposed in addition thereto a fine of

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not less than $500.00 nor more than $1,000.00; provided, however, that the court may suspend the period of imprisonment if at the time of the offense the person convicted had newly established residency in this state within the 60 days immediately prior to the offense, had in his or her possession a valid driver's license issued by another state, and, for good cause shown, had not yet obtained a driver's license issued by this state as required. For the second or subsequent conviction 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, such person shall be guilty of a high and aggravated misdemeanor and shall be punished by imprisonment for not less than ten days nor more than 12 months, and there may be imposed in addition thereto a fine of not less than $1,000.00 nor more than $2,500.00. For the third or subsequent conviction 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, such person shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than five years, and there may be imposed in addition thereto a fine of not less than $2,500.00 nor more than $5,000.00. (b) 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. (c) For purposes of pleading nolo contendere, only one nolo contendere plea will be accepted to a charge of driving without being licensed or with a suspended or disqualified license within a five-year period as measured from date of arrest to date of arrest. All other nolo contendere pleas in this period will be considered convictions. For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction. There shall be no limited driving permit available for a suspension or disqualification under this Code section. (d) Notwithstanding the limits set forth in Code Section 40-5-124 and in any municipal charter, any municipal court of any municipality shall be authorized to impose the punishment for a misdemeanor or misdemeanor of a high and aggravated nature as applicable and provided for in this Code section upon a conviction of a nonfelony charge of violating this Code section or upon conviction of violating any ordinance adopting the provisions of this Code section."
SECTION 4. Said chapter is further amended by revising Code Section 40-5-142, relating to definitions of terms, as follows:

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"40-5-142. As used in this article, the term:
(1) 'Alcohol' means: (A) Beer, ale, port, or stout and other similar fermented beverages, including sake or similar products, of any name or description containing one-half of 1 percent or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor; (B) Wine of not less than one-half of 1 percent of alcohol by volume; (C) Distilled spirits which means that substance known as ethyl alcohol, ethanol, or spirits of wine in any form, including all dilutions and mixtures thereof from whatever source or by whatever process produced; or (D) Any substance containing any form of alcohol, including, but not limited to, ethanol, methanol, propanol, and isopropanol.
(2) 'Alcohol concentration' means: (A) The number of grams of alcohol per 100 milliliters of blood; (B) The number of grams of alcohol per 210 liters of breath; or (C) The number of grams of alcohol per 67 milliliters of urine.
(3) 'Commerce' means: (A) Trade, traffic, and transportation within the jurisdiction of the United States between locations in a state and between a location in a state and a location outside such state including a location outside the United States; and (B) Trade, traffic, and transportation in the United States which affects any trade, traffic, and transportation described in subparagraph (A) of this paragraph.
(4) 'Commercial Driver License Information System' (CDLIS) means the information system established pursuant to the Commercial Motor Vehicle Safety Act of 1986, Title XII, Public Law 99-570, to serve as a clearing-house for locating information related to the licensing and identification of commercial motor vehicle drivers. (5) 'Commercial driver's instruction permit' means a permit issued pursuant to subsection (c) of Code Section 40-5-147. (6) 'Commercial driver's license' (CDL) means a license issued in accordance with the requirements of this article to an individual which authorizes the individual to drive a class of commercial motor vehicle. (7) 'Commercial motor vehicle' means a motor vehicle designed or used to transport passengers or property:
(A) If the vehicle has a gross vehicle weight rating of 26,001 or more pounds or such lesser rating as determined by federal regulation; (B) If the vehicle is designed to transport 16 or more passengers, including the driver; or (C) If the vehicle is transporting hazardous materials 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;

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provided, however, that for the purposes of this article, no agricultural vehicle, 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 'fire-fighting or emergency equipment vehicle' means an authorized emergency vehicle as defined in paragraph (5) of Code Section 40-1-1; provided, however, that the vehicle must be equipped with audible and visible signals and shall be subject to traffic regulations in accordance with the requirements of Code Section 40-6-6. 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 common or contract carrier. Any other waiver by the Federal Motor Carrier Safety Administration pursuant to Federal Law 49 C.F.R. Parts 383 and 384 of the United States Department of Transportation shall supersede state law in authorizing the Department of Driver Services to exempt said classes. (8) 'Controlled substance' means any substance so defined under Code Section 16-1321 and includes all substances listed in Schedules I through V of 21 C.F.R. Part 1308, as they may be revised from time to time. (9) 'Conviction' means 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, 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. (10) 'Disqualification' means any of the following:
(A) The suspension, revocation, or cancellation of a commercial driver's license by any state or jurisdiction of issuance; (B) The withdrawal of a person's privilege to drive a commercial motor vehicle by any state or by any other jurisdiction as the result of a violation of any state or local law relating to motor vehicle traffic control, other than parking, vehicle weight, or vehicle defect violations; or (C) A determination by the Federal Motor Carrier Safety Administration that a person is not qualified to operate a commercial motor vehicle. (11) 'Drive' means to operate or be in actual physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic. For purposes of Code Sections 40-5-151 and 40-5-152, 'drive' includes operation or actual physical control of a motor vehicle anywhere in this state, in any other state, or in any foreign jurisdiction. (12) 'Driver' means any person who drives, operates, or is in actual physical control of a commercial motor vehicle in any place open to the general public for purposes of vehicular traffic or who is required to hold a commercial driver's license.

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(13) 'Driver's license' means a license issued by a state to any individual which authorizes the individual to drive a motor vehicle. (13.1) 'Driving a commercial vehicle while under the influence of alcohol' influence' 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 or noncommercial vehicle:
(A) Driving while the person's alcohol concentration is 0.04 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 Code Section 40-6-391 or any law or ordinance equivalent thereto in this state, in any other state, or in any foreign jurisdiction; or (C)(B) Refusal to submit to state-administered chemical testing when requested to do so by a law enforcement officer. (14) 'Employer' means any person, including the United States, a state, or a political subdivision of a state, who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle on its behalf. (14.1) 'Fatality' means the death of a person as a result of a motor vehicle crash. (15) 'Felony' means any offense under state or federal law that is punishable by death, by imprisonment for life, or by imprisonment for more than 12 months. (16) 'Foreign jurisdiction' means any jurisdiction other than a state of the United States. (17) 'Gross vehicle weight rating' (GVWR) means the value specified by the manufacturer or manufacturers as the maximum loaded weight of a single or a combination (articulated) vehicle, or registered gross weight, whichever is greater. The gross vehicle weight rating of a combination (articulated) vehicle, commonly referred to as the 'gross combination weight rating' (GCWR), is the gross vehicle weight rating of the power unit plus the gross vehicle weight rating of the towed unit or units. In the absence of a value specified for the towed unit or units by the manufacturer or manufacturers, the gross vehicle weight rating of a combination (articulated) vehicle is the gross vehicle weight rating of the power unit plus the total weight of the towed unit or units, including the loads on them. (18) 'Hazardous materials' has the meaning the term has under 49 U.S.C.A. Section 5101, et seq. means any material that has been designated as hazardous 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 any quantity of a material listed as a select agent or toxin in Title 42 C.F.R. Part 73. (18.1) 'Imminent hazard' means the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury, or endangerment. (18.2) 'Major traffic violation' means a conviction of any of the following offenses or a conviction of any law or ordinance equivalent thereto in this state, in any other state,

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or in any foreign jurisdiction, when operating either a commercial motor vehicle or, unless otherwise specified, a noncommercial motor vehicle:
(A) Driving a vehicle under the influence in violation of Code Section 40-6-391; (B) Hit and run or leaving the scene of an accident in violation of Code Section 406-270, failure to report striking an unattended vehicle in violation of Code Section 40-6-271, failure to report striking a fixed object in violation of Code Section 40-6272, or failure to report an accident in violation of Code Section 40-6-273; (C) Except as provided in subsection (b) of Code Section 40-5-151, any felony in the commission of which a motor vehicle is used; (D) Driving a commercial motor vehicle while the person's commercial driver's license or commercial driving privilege is revoked, suspended, canceled, or disqualified; (E) Homicide by vehicle in violation of Code Section 40-6-393; (F) Racing on highways or streets in violation of Code Section 40-6-186; (G) Using a motor vehicle in fleeing or attempting to elude an officer in violation of Code Section 40-6-395; (H) Fraudulent or fictitious use of or application for a license as provided in Code Section 40-5-120 or 40-5-125; (I) Operating a motor vehicle with a revoked, canceled, or suspended registration in violation of Code Section 40-6-15; (J) Violating 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 of cargo or any appurtenance thereto or the cargo being transported therein or thereon, as set forth in paragraph (8) of subsection (a) of Code Section 16-8-12; or (K) Refusing to submit to a state administered chemical test requested by a law enforcement officer pursuant to Code Section 40-5-55. (19) 'Motor vehicle' means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways, or any other vehicle required to be registered under the laws of this state, but does not include any vehicle, machine, tractor, trailer, or semitrailer operated exclusively on a rail. (19.1) 'Noncommercial motor vehicle' means a motor vehicle or combination of vehicles not defined by the term 'commercial motor vehicle' in this Code section or in the regulations of the department for the purpose of licensure. (20) 'Nonresident commercial driver's license' means a commercial driver's license issued by a state to any individual who resides in a foreign jurisdiction. (21) 'Out of service Out-of-service order' means a temporary prohibition against driving a commercial motor vehicle. (21.1) 'School bus' means a commercial motor vehicle used to transport pre-primary, primary, or secondary school students from home to school, from school to home, or to and from school sponsored events. The term does not include a bus used as a common carrier. (22) 'Serious traffic violation' means conviction of any of the following offenses or a conviction of any law or ordinance equivalent thereto in this state, in any other state,

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or in any foreign jurisdiction, when operating either a commercial motor vehicle or, unless otherwise specified, 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, and excluding homicide by vehicle as defined in Code Section 40-6-393; (F) A railroad grade crossing violation as defined under state law or local ordinance in a noncommercial motor vehicle; (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, and excluding such violations when the person's commercial driver's license or commercial driving privilege is suspended, revoked, canceled, or disqualified; or (I) Driving a commercial motor vehicle without a commercial driver's license of the proper class and/or and endorsements for the specific vehicle being operated or for the passengers or type of cargo transported. (23) 'State' means a state of the United States and the District of Columbia. (24) 'Tank vehicle' means any commercial motor vehicle designed to transport any liquid or gaseous materials within a tank that is either permanently or temporarily attached to the vehicle or the chassis. Such vehicles include, but are not limited to, cargo tanks and portable tanks as defined by federal law. However, the term 'tank vehicle' shall not include a portable tank having a rated capacity under 1,000 gallons. (25) 'United States' means the 50 states and the District of Columbia."
SECTION 5. Said chapter is further amended by revising paragraph (1) of subsection (a) and adding a new subsection (e) of Code Section 40-5-147, relating to the requirements for issuing a commercial driver's license or instruction permit, as follows:
"(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

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federal regulation. The tests shall be prescribed and conducted by the department in English only." "(e) The department is authorized to promulgate rules necessary to grant a waiver or exemption of the physical requirements for a commercial driver's license or a commercial driver's instruction permit in 49 C.F.R. Part 391, Subpart E; provided, however, that the person who is applying for a commercial driver's license or a commercial driver's instruction permit or who has previously been issued a commercial driver's license and who is granted the waiver or exemption shall only be authorized to drive a commercial motor vehicle in this state. Notwithstanding this subsection, the department shall not grant any type of waiver or exemption of said physical requirements unless such type of waiver or exemption has previously been granted by the Federal Motor Carrier Safety Administration."
SECTION 6. Said chapter is further amended by revising subsections (g) and (h) of Code Section 40-5150, relating to commercial driver's licenses, as follows:
"(g) Except as provided for in Code Section 40-5-21.1, the The commercial driver's license shall expire on the licensee's birthdate in the fourth fifth year following the issuance of such license. (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 7. Said chapter is further amended by revising Code Section 40-5-151, relating to disqualifications from commercial driving, as follows:
"40-5-151. (a) Any person is disqualified from driving a commercial motor vehicle for a period of not less than one year:
(1) If if convicted of a first violation of: a major traffic violation as defined in paragraph (18.2) of Code Section 40-5-142.
(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; (C) Driving or being in actual physical control of a moving noncommercial vehicle in violation of Code Section 40-6-391; or

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(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. (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 a major traffic violation specified in 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, a second or subsequent major traffic violation as defined in paragraph (18.2) of Code Section 40-5-142 or any combination of those offenses or refusals, such violations arising from two or more separate incidents. (d) The department may issue regulations establishing guidelines, including conditions, under which a disqualification for life under subsection (c) of this Code section may be reduced to a period of not less than ten years. The department is not authorized to make any other reduction in a term of disqualification or to issue a limited or other permit or license that would allow the operation of a commercial motor vehicle during the term of disqualification mandated by this Code section. (e) Any person is disqualified from driving a commercial motor vehicle for life who knowingly uses a commercial motor vehicle in the commission of any felony involving the manufacture, distribution, cultivation, sale, transfer of, trafficking in, or dispensing of a controlled substance or marijuana, or possession with intent to manufacture, distribute, cultivate, sell, transfer, traffic in, or dispense a controlled substance or marijuana. (f)(1) Except as otherwise provided by paragraph (2) of this subsection, any Any person is disqualified from driving a commercial motor vehicle for a period of: (1) Not not less than 60 days if convicted of two serious traffic violations or 120 days if convicted of three serious traffic violations committed in a commercial motor vehicle or a noncommercial motor vehicle as defined in paragraph (22) of Code Section 40-5-142 arising from separate incidents occurring within a three-year period as measured from the dates of arrests for which convictions were obtained.; or (2) If the serious traffic violation committed in a commercial motor vehicle is a railroad grade crossing violation, the person shall be disqualified from driving a commercial motor vehicle for a period of not less than 60 days upon the first conviction within a three-year period as measured from the dates of arrests for which

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convictions were obtained, for not less than 120 days if convicted of two railroad grade crossing violations arising from separate incidents within a three-year period as measured from the dates of arrests for which convictions were obtained, or for not less than one year if convicted of three railroad grade crossing violations arising from separate incidents within a three-year period as measured from the dates of arrests for which convictions were obtained Not less than 120 days if convicted of a third or subsequent serious traffic violation as defined in paragraph (22) of Code Section 405-142 arising from separate incidents occurring within a three-year period as measured from the dates of arrests for which convictions were obtained. (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 violating an out-of-service order shall be subject to a civil penalty of not less than $1,100.00 and not to exceed $2,750.00.

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(h) After suspending, revoking, or canceling a commercial driver's license, the department shall update its records to reflect that action within ten days. After suspending, revoking, or canceling a nonresident commercial driver's privileges, the department shall notify the licensing authority of the state which issued the commercial driver's license within ten days. (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.
(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. (k)(1) Any person is disqualified from operating a commercial motor vehicle if convicted of any of the following railroad grade crossing offenses while operating a commercial motor vehicle:
(A) Failing to slow down and check the tracks are clear of an approaching train before proceeding; (B) Failing to stop before reaching the crossing if the tracks are not clear; (C) Failing to stop before driving onto the crossing; (D) Failing to leave sufficient space to drive completely through a railroad crossing without stopping; (E) Failing to obey a traffic-control device or the directions of an enforcement official at a railroad crossing; or (F) Failing to negotiate a crossing because of insufficient undercarriage clearance. (2)(A) Upon a first conviction for an offense listed in paragraph (1) of this subsection, the period of disqualification shall be 60 days. (B) Upon a second conviction within a three-year period for an offense listed in paragraph (1) of this subsection arising from a separate incident within a three-year period, the period of disqualification shall be 120 days. (C) Upon a third or subsequent conviction within a three-year period for an offense listed in paragraph (1) of this subsection arising from a separate incident, the period of disqualification shall be one year. (l)(1) All disqualifications as provided for in subsection (f) of this Code section shall become effective upon the date that the department processes the citation or conviction, provided that no such disqualification is in effect; if such disqualification is in effect the subsequent disqualification shall not take effect until the current disqualification expires.

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(2) Notwithstanding paragraph (1) of this subsection, any other disqualification as provided for in this Code section shall become effective upon the date that the department processes the citation or conviction and may run concurrently to any other disqualifications in effect. (m) All disqualifications provided for in this Code section shall be imposed based on offenses in state law or on offenses of any laws or ordinances equivalent thereto in this state, in any other state, or in any foreign jurisdiction."
SECTION 8. Said chapter is further amended by revising Code Section 40-5-159, relating to the suspension of commercial driver's licenses and driving privileges, as follows:
"40-5-159. (a) Any person who drives a commercial motor vehicle while in violation of the provisions of Code Section 40-5-143 or any employer who knowingly allows, requires, permits, or authorizes a driver to drive a commercial motor vehicle in violation of the provisions of subsection (b) of Code Section 40-5-145 shall be guilty of a felony and, upon conviction thereof, shall be punished as follows:
(1) Except as provided for in subsections (d) and (e) of this Code section, by By a civil penalty of $2,500.00 for each offense; and (2) by a fine of $5,000.00, imprisonment for not more than 90 days, or both, for each offense. (b) Any employer who reports fraudulent information to the department regarding an employee's employment or experience as required under 49 C.F.R. Part 383 shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500.00. (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 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 an out-of-service order shall be subject to a civil penalty in an amount not less than $2,750.00 and not to exceed $11,000.00. (e) 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 not to exceed $10,000.00."

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SECTION 8A. Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, is amended by revising Code Section 40-6-395, relating to fleeing or attempting to elude a pursuing police vehicle or police officer, as follows:
"40-6-395. (a) It shall be unlawful for any driver of a vehicle willfully to fail or refuse to bring his or her vehicle to a stop or otherwise to flee or attempt to elude a pursuing police vehicle or police officer when given a visual or an audible signal to bring the vehicle to a stop. The signal given by the police officer may be by hand, voice, emergency light, or siren. The officer giving such signal shall be in uniform prominently displaying his or her badge of office, and his or her vehicle shall be appropriately marked showing it to be an official police vehicle.
(b)(1)(A) Except as otherwise provided in this Code section, any Any person violating the provisions of subsection (a) of this Code section shall be guilty of a high and aggravated misdemeanor and: (A) Upon upon conviction shall be fined not less than $500.00 nor more than $5,000.00, which fine shall not be subject to suspension, stay, or probation, and imprisoned for not less than ten days nor more than 12 months. Any period of such imprisonment in excess of ten days may, in the sole discretion of the judge, be suspended, stayed, or probated;. (B) Upon the Any person committing a violation of the provisions of subsection (a) of this Code section, upon a second or subsequent conviction within a ten-year period of time, 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 fined not less than $1,000.00 nor more than $5,000.00, which fine shall not be subject to suspension, stay, or probation and imprisoned for not less than 30 days nor more than 12 months. Any period of such imprisonment in excess of 30 days may, in the sole discretion of the judge, be suspended, stayed, or probated; and for purposes of this paragraph, previous pleas of nolo contendere accepted within such ten-year period shall constitute convictions; and guilty of a felony punishable by a fine of $5,000.00 or imprisonment for not less than one year nor more than five years or both. Following adjudication of guilt or imposition of sentence for a violation of this subparagraph, the sentence shall not be suspended, probated, deferred, or withheld, and the charge shall not be reduced to a lesser offense, merged with any other offense, or served concurrently with any other offense. (C) Upon the third or subsequent conviction within a ten-year period of time, 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 fined not less than $2,500.00 nor more than $5,000.00, which fine shall not be subject to suspension, stay, or probation and imprisoned for not less than 90 days nor more than 12 months. Any period of such imprisonment in excess of 90 days may, in the sole discretion of the judge, be suspended, stayed, or probated; and for purposes of

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this paragraph, previous pleas of nolo contendere accepted within such ten-year period shall constitute convictions. (2) For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction. (3) If the payment of the fine required under paragraph (1) of this subsection 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 subsection. (4) 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 subsection subparagraph (b)(1)(A) of this Code section upon a conviction of violating this subsection (a) of this Code section or upon conviction of violating any ordinance adopting the provisions of this subsection. (5)(A) Any person violating who commits a first offense violation of the provisions of subsection (a) of this Code section or who is otherwise not eligible for sentencing under subparagraph (b)(1)(B) of this Code section and who, while fleeing or attempting to elude a pursuing police vehicle or police officer in an attempt to escape arrest for any offense other than a violation of this chapter, operates his or her vehicle in excess of 30 miles an hour above the posted speed limit, strikes or collides with another vehicle or a pedestrian, flees in traffic conditions which place the general public at risk of receiving serious injuries, or leaves the state shall be guilty of a felony punishable by a fine of $5,000.00 or imprisonment for not less than one year nor more than five years or both. (B) Following adjudication of guilt or imposition of sentence for a violation of subparagraph (A) of this paragraph, the sentence shall not be suspended, probated, deferred, or withheld, and the charge shall not be reduced to a lesser offense, merged with any other offense, or served concurrently with any other offense. (c) It shall be unlawful for a person: (1) To impersonate a sheriff, deputy sheriff, state trooper, agent of the Georgia Bureau of Investigation, agent of the Federal Bureau of Investigation, police officer, or any other authorized law enforcement officer by using a motor vehicle or motorcycle designed, equipped, or marked so as to resemble a motor vehicle or motorcycle belonging to any federal, state, or local law enforcement agency; or (2) Otherwise to impersonate any such law enforcement officer in order to direct, stop, or otherwise control traffic."
SECTION 9. Code Section 40-16-4 of the Official Code of Georgia Annotated, relating to duties of the commissioner of driver services, is amended by revising subsection (e) in its entirety as follows:

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"(e)(1) The commissioner shall have the authority to appoint and employ 30 investigators who shall be certified peace officers pursuant to the provisions of Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act.' (2) The investigators of the department shall have jurisdiction throughout this state with such duties and powers as are prescribed by law."
SECTION 10. Code Section 42-4-14 of the Official Code of Georgia Annotated, relating to determination of nationality of person charged with felony or driving under the influence and confined in a jail facility, is amended by revising subsection (a) as follows:
"(a) When any person charged with a felony or with driving under the influence pursuant to Code Section 40-6-391 or convicted of driving without being licensed in violation of subsection (a) of Code Section 40-5-20 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."
SECTION 11. Sections 1, 3, and 10 of this Act shall become effective on July 1, 2007. Sections 2, 4, 5, 6, 7, 8, and 9 of this Act shall become effective on January 1, 2008. Section 8A of this Act shall become effective on July 1, 2007, and shall apply with respect to offenses committed on or after that effective date. Offenses committed prior to that effective date shall continue to be governed by, and shall be punishable as provided by, prior law.
SECTION 12. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Floyd of the 147th moves to amend the Senate substitute to HB 419 by striking it in its entirety and replacing it with the following:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide that suspensions by operation of law run consecutively to any other suspension imposed by the department; to provide for definitions of certain terms; to change provisions relating to issuance of commercial drivers' licenses and permits; to provide for expiration of commercial drivers' licenses; to provide for disqualifications, revocations, and suspensions of commercial drivers' licenses; to provide penalties for violations; to amend Code Section 40-16-4 of the Official Code of Georgia Annotated, relating to duties of the commissioner of driver services, so as to give the

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commissioner the power to hire investigators; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by revising Code Section 40-5-75, relating to suspension of licenses by operation of law, by adding a new subsection (i) as follows:
"(i) Notwithstanding any other provision of this chapter to the contrary, the suspension imposed pursuant to this Code section shall be in addition to and run consecutively to any other suspension imposed by the department at the time of the conviction that results in said suspension. If the person has never been issued a driver's license, the person shall not be eligible for a driver's license for the applicable period of suspension following his or her submission of an application for issuance thereof."
SECTION 2. Said chapter is further amended by revising Code Section 40-5-142, relating to definitions of terms, as follows:
"40-5-142. As used in this article, the term:
(1) 'Alcohol' means: (A) Beer, ale, port, or stout and other similar fermented beverages, including sake or similar products, of any name or description containing one-half of 1 percent or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor; (B) Wine of not less than one-half of 1 percent of alcohol by volume; (C) Distilled spirits which means that substance known as ethyl alcohol, ethanol, or spirits of wine in any form, including all dilutions and mixtures thereof from whatever source or by whatever process produced; or (D) Any substance containing any form of alcohol, including, but not limited to, ethanol, methanol, propanol, and isopropanol.
(2) 'Alcohol concentration' means: (A) The number of grams of alcohol per 100 milliliters of blood; (B) The number of grams of alcohol per 210 liters of breath; or (C) The number of grams of alcohol per 67 milliliters of urine.
(3) 'Commerce' means: (A) Trade, traffic, and transportation within the jurisdiction of the United States between locations in a state and between a location in a state and a location outside such state including a location outside the United States; and (B) Trade, traffic, and transportation in the United States which affects any trade, traffic, and transportation described in subparagraph (A) of this paragraph.

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(4) 'Commercial Driver License Information System' (CDLIS) means the information system established pursuant to the Commercial Motor Vehicle Safety Act of 1986, Title XII, Public Law 99-570, to serve as a clearing-house for locating information related to the licensing and identification of commercial motor vehicle drivers. (5) 'Commercial driver's instruction permit' means a permit issued pursuant to subsection (c) of Code Section 40-5-147. (6) 'Commercial driver's license' (CDL) means a license issued in accordance with the requirements of this article to an individual which authorizes the individual to drive a class of commercial motor vehicle. (7) 'Commercial motor vehicle' means a motor vehicle designed or used to transport passengers or property:
(A) If the vehicle has a gross vehicle weight rating of 26,001 or more pounds or such lesser rating as determined by federal regulation; (B) If the vehicle is designed to transport 16 or more passengers, including the driver; or (C) If the vehicle is transporting hazardous materials 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, 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 'fire-fighting or emergency equipment vehicle' means an authorized emergency vehicle as defined in paragraph (5) of Code Section 40-1-1; provided, however, that the vehicle must be equipped with audible and visible signals and shall be subject to traffic regulations in accordance with the requirements of Code Section 40-6-6. 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 common or contract carrier. Any other waiver by the Federal Motor Carrier Safety Administration pursuant to Federal Law 49 C.F.R. Parts 383 and 384 of the United States Department of Transportation shall supersede state law in authorizing the Department of Driver Services to exempt said classes. (8) 'Controlled substance' means any substance so defined under Code Section 16-1321 and includes all substances listed in Schedules I through V of 21 C.F.R. Part 1308, as they may be revised from time to time. (9) 'Conviction' means 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

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contendere accepted by the court, 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. (10) 'Disqualification' means any of the following:
(A) The suspension, revocation, or cancellation of a commercial driver's license by any state or jurisdiction of issuance; (B) The withdrawal of a person's privilege to drive a commercial motor vehicle by any state or by any other jurisdiction as the result of a violation of any state or local law relating to motor vehicle traffic control, other than parking, vehicle weight, or vehicle defect violations; or (C) A determination by the Federal Motor Carrier Safety Administration that a person is not qualified to operate a commercial motor vehicle. (11) 'Drive' means to operate or be in actual physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic. For purposes of Code Sections 40-5-151 and 40-5-152, 'drive' includes operation or actual physical control of a motor vehicle anywhere in this state, in any other state, or in any foreign jurisdiction. (12) 'Driver' means any person who drives, operates, or is in actual physical control of a commercial motor vehicle in any place open to the general public for purposes of vehicular traffic or who is required to hold a commercial driver's license. (13) 'Driver's license' means a license issued by a state to any individual which authorizes the individual to drive a motor vehicle. (13.1) 'Driving a commercial vehicle while under the influence of alcohol' influence' means committing any one or more of the following acts while a person is driving or in actual physical control of a moving commercial or noncommercial motor vehicle: (A) Driving while the person's alcohol concentration is 0.04 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 Code Section 40-6391; or any law or ordinance equivalent thereto in this state, in any other state, or in any foreign jurisdiction; or (C)(B) Refusal to submit to state-administered chemical testing when requested to do so by a law enforcement officer. (14) 'Employer' means any person, including the United States, a state, or a political subdivision of a state, who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle on its behalf. (14.1) 'Fatality' means the death of a person as a result of a motor vehicle crash. (15) 'Felony' means any offense under state or federal law that is punishable by death, by imprisonment for life, or by imprisonment for more than 12 months. (16) 'Foreign jurisdiction' means any jurisdiction other than a state of the United States. (17) 'Gross vehicle weight rating' (GVWR) means the value specified by the manufacturer or manufacturers as the maximum loaded weight of a single or a combination (articulated) vehicle, or registered gross weight, whichever is greater.

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The gross vehicle weight rating of a combination (articulated) vehicle, commonly referred to as the 'gross combination weight rating' (GCWR), is the gross vehicle weight rating of the power unit plus the gross vehicle weight rating of the towed unit or units. In the absence of a value specified for the towed unit or units by the manufacturer or manufacturers, the gross vehicle weight rating of a combination (articulated) vehicle is the gross vehicle weight rating of the power unit plus the total weight of the towed unit or units, including the loads on them. (18) 'Hazardous materials' has the meaning the term has under 49 U.S.C.A. Section 5101, et seq. means any material that has been designated as hazardous 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 any quantity of a material listed as a select agent or toxin in Title 42 C.F.R. Part 73. (18.1) 'Imminent hazard' means the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury, or endangerment. (18.2) 'Major traffic violation' means a conviction of any of the following offenses or a conviction of any law or ordinance equivalent thereto in this state, in any other state, or in any foreign jurisdiction, when operating either a commercial motor vehicle or, unless otherwise specified, a noncommercial motor vehicle:
(A) Driving a vehicle under the influence in violation of Code Section 40-6-391; (B) Hit and run or leaving the scene of an accident in violation of Code Section 406-270, failure to report striking an unattended vehicle in violation of Code Section 40-6-271, failure to report striking a fixed object in violation of Code Section 40-6272, or failure to report an accident in violation of Code Section 40-6-273; (C) Except as provided in subsection (b) of Code Section 40-5-151, any felony in the commission of which a motor vehicle is used; (D) Driving a commercial motor vehicle while the person's commercial driver's license or commercial driving privilege is revoked, suspended, canceled, or disqualified; (E) Homicide by vehicle in violation of Code Section 40-6-393; (F) Racing on highways or streets in violation of Code Section 40-6-186; (G) Using a motor vehicle in fleeing or attempting to elude an officer in violation of Code Section 40-6-395; (H) Fraudulent or fictitious use of or application for a license as provided in Code Section 40-5-120 or 40-5-125; (I) Operating a motor vehicle with a revoked, canceled, or suspended registration in violation of Code Section 40-6-15; (J) Violating 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 of cargo or

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any appurtenance thereto or the cargo being transported therein or thereon, as set forth in paragraph (8) of subsection (a) of Code Section 16-8-12; or (K) Refusing to submit to a state administered chemical test requested by a law enforcement officer pursuant to Code Section 40-5-55. (19) 'Motor vehicle' means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways, or any other vehicle required to be registered under the laws of this state, but does not include any vehicle, machine, tractor, trailer, or semitrailer operated exclusively on a rail. (19.1) 'Noncommercial motor vehicle' means a motor vehicle or combination of vehicles not defined by the term 'commercial motor vehicle' in this Code section or in the regulations of the department for the purpose of licensure. (20) 'Nonresident commercial driver's license' means a commercial driver's license issued by a state to any individual who resides in a foreign jurisdiction. (21) 'Out of service Out-of-service order' means a temporary prohibition against driving a commercial motor vehicle. (21.1) 'School bus' means a commercial motor vehicle used to transport pre-primary, primary, or secondary school students from home to school, from school to home, or to and from school sponsored events. The term does not include a bus used as a common carrier. (22) 'Serious traffic violation' means conviction of any of the following offenses or a conviction of any law or ordinance equivalent thereto in this state, in any other state, or in any foreign jurisdiction, when operating either a commercial motor vehicle or, unless otherwise specified, 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, and excluding homicide by vehicle as defined in Code Section 40-6-393; (F) A railroad grade crossing violation as defined under state law or local ordinance in a noncommercial motor vehicle; (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, and excluding such violations when the person's commercial driver's license or commercial driving privilege is suspended, revoked, canceled, or disqualified; or (I) Driving a commercial motor vehicle without a commercial driver's license of the proper class and/or and endorsements for the specific vehicle being operated or for the passengers or type of cargo transported.

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(23) 'State' means a state of the United States and the District of Columbia. (24) 'Tank vehicle' means any commercial motor vehicle designed to transport any liquid or gaseous materials within a tank that is either permanently or temporarily attached to the vehicle or the chassis. Such vehicles include, but are not limited to, cargo tanks and portable tanks as defined by federal law. However, the term 'tank vehicle' shall not include a portable tank having a rated capacity under 1,000 gallons. (25) 'United States' means the 50 states and the District of Columbia."
SECTION 3. Said chapter is further amended by revising paragraph (1) of subsection (a) and adding a new subsection (e) of Code Section 40-5-147, relating to the requirements for issuing a commercial driver's license or instruction permit, as follows:
"(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." "(e) The department is authorized to promulgate rules necessary to grant a waiver or exemption of the physical requirements for a commercial driver's license or a commercial driver's instruction permit in 49 C.F.R. Part 391, Subpart E; provided, however, that the person who is applying for a commercial driver's license or a commercial driver's instruction permit or who has previously been issued a commercial driver's license and who is granted the waiver or exemption shall only be authorized to drive a commercial motor vehicle in this state. Notwithstanding this subsection, the department shall not grant any type of waiver or exemption of said physical requirements unless such type of waiver or exemption has previously been granted by the Federal Motor Carrier Safety Administration."
SECTION 4. Said chapter is further amended by revising subsections (g) and (h) of Code Section 40-5150, relating to commercial driver's licenses, as follows:
"(g) Except as provided for in Code Section 40-5-21.1, the The commercial driver's license shall expire on the licensee's birthdate in the fourth fifth year following the issuance of such license. (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

FRIDAY, APRIL 20, 2007

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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 5. Said chapter is further amended by revising Code Section 40-5-151, relating to disqualifications from commercial driving, as follows:
"40-5-151. (a) Any person is disqualified from driving a commercial motor vehicle for a period of not less than one year:
(1) If if convicted of a first violation of: a major traffic violation as defined in paragraph (18.2) of Code Section 40-5-142.
(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; (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. (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 subsection (a) of this Code section a major traffic violation as defined in paragraph (18.2) of Code Section 40-5-142, 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, a second or subsequent major traffic violation as defined in paragraph (18.2) of Code Section 40-5-142 or any combination of those such violations offenses or refusals, arising from two or more separate incidents. (d) The department may issue regulations establishing guidelines, including conditions, under which a disqualification for life under subsection (c) of this Code section may be

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reduced to a period of not less than ten years. The department is not authorized to make any other reduction in a term of disqualification or to issue a limited or other permit or license that would allow the operation of a commercial motor vehicle during the term of disqualification mandated by this Code section. (e) Any Notwithstanding the provisions of subsection (d) of this Code section, any person is disqualified from driving a commercial motor vehicle for life who knowingly uses a commercial motor vehicle in the commission of any felony involving the manufacture, distribution, cultivation, sale, transfer of, trafficking in, or dispensing of a controlled substance or marijuana, or possession with intent to manufacture, distribute, cultivate, sell, transfer, traffic in, or dispense a controlled substance or marijuana. (f)(1) Except as otherwise provided by paragraph (2) of this subsection, any Any person is disqualified from driving a commercial motor vehicle for a period of:
(1) Not not less than 60 days if convicted of two serious traffic violations or 120 days if convicted of three serious traffic violations committed in a commercial motor vehicle or a noncommercial motor vehicle as defined in paragraph (22) of Code Section 40-5-142 arising from separate incidents occurring within a three-year period as measured from the dates of arrests for which convictions were obtained.; or (2) If the serious traffic violation committed in a commercial motor vehicle is a railroad grade crossing violation, the person shall be disqualified from driving a commercial motor vehicle for a period of not less than 60 days upon the first conviction within a three-year period as measured from the dates of arrests for which convictions were obtained, for not less than 120 days if convicted of two railroad grade crossing violations arising from separate incidents within a three-year period as measured from the dates of arrests for which convictions were obtained, or for not less than one year if convicted of three railroad grade crossing violations arising from separate incidents within a three-year period as measured from the dates of arrests for which convictions were obtained Not less than 120 days if convicted of a third or subsequent serious traffic violation as defined in paragraph (22) of Code Section 405-142 arising from separate incidents occurring within a three-year period as measured from the dates of arrests for which convictions were obtained. (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

FRIDAY, APRIL 20, 2007

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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 violating an out-of-service order shall be subject to a civil penalty of not less than $1,100.00 and not to exceed $2,750.00. (h) After suspending, revoking, or canceling a commercial driver's license, the department shall update its records to reflect that action within ten days. After suspending, revoking, or canceling a nonresident commercial driver's privileges, the department shall notify the licensing authority of the state which issued the commercial driver's license within ten days. (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. (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. (k)(1) Any person is disqualified from operating a commercial motor vehicle if convicted of any of the following railroad grade crossing offenses while operating a commercial motor vehicle:

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(A) Failing to slow down and check the tracks are clear of an approaching train before proceeding; (B) Failing to stop before reaching the crossing if the tracks are not clear; (C) Failing to stop before driving onto the crossing; (D) Failing to leave sufficient space to drive completely through a railroad crossing without stopping; (E) Failing to obey a traffic-control device or the directions of an enforcement official at a railroad crossing; or (F) Failing to negotiate a crossing because of insufficient undercarriage clearance. (2)(A) Upon a first conviction for an offense listed in paragraph (1) of this subsection, the period of disqualification shall be 60 days. (B) Upon a second conviction within a three-year period for an offense listed in paragraph (1) of this subsection arising from a separate incident within a three-year period, the period of disqualification shall be 120 days. (C) Upon a third or subsequent conviction within a three-year period for an offense listed in paragraph (1) of this subsection arising from a separate incident, the period of disqualification shall be one year. (l)(1) All disqualifications as provided for in subsection (f) of this Code section shall become effective upon the date that the department processes the citation or conviction, provided that no such disqualification is in effect; if such disqualification is in effect the subsequent disqualification shall not take effect until the current disqualification expires. (2) Notwithstanding paragraph (1) of this subsection, any other disqualification as provided for in this Code section shall become effective upon the date that the department processes the citation or conviction and may run concurrently to any other disqualifications in effect. (m) All disqualifications provided for in this Code section shall be imposed based on offenses in state law or on offenses of any laws or ordinances equivalent thereto in this state, in any other state, or in any foreign jurisdiction."
SECTION 6. Said chapter is further amended by revising Code Section 40-5-159, relating to the suspension of commercial driver's licenses and driving privileges, as follows:
"40-5-159. (a) Any person who drives a commercial motor vehicle while in violation of the provisions of Code Section 40-5-143 or any employer who knowingly allows, requires, permits, or authorizes a driver to drive a commercial motor vehicle in violation of the provisions of subsection (b) of Code Section 40-5-145 shall be guilty of a felony and, upon conviction thereof, shall be punished as follows:
(1) Except as provided for in subsections (d) and (e) of this Code section, by By a civil penalty of $2,500.00 for each offense; and (2) by a fine of $5,000.00, imprisonment for not more than 90 days, or both, for each offense.

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(b) Any employer who reports fraudulent information to the department regarding an employee's employment or experience as required under 49 C.F.R. Part 383 shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500.00. (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 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 an out-of-service order shall be subject to a civil penalty in an amount not less than $2,750.00 and not to exceed $11,000.00. (e) 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 not to exceed $10,000.00."
SECTION 7. Code Section 40-16-4 of the Official Code of Georgia Annotated, relating to duties of the commissioner of driver services, is amended by revising subsection (e) in its entirety as follows:
"(e)(1) The commissioner shall have the authority to appoint and employ 30 investigators who shall be certified peace officers pursuant to the provisions of Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act.' (2) The investigators of the department shall have jurisdiction throughout this state with such duties and powers as are prescribed by law."
SECTION 8. This Act shall become effective on January 1, 2008.
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.
Representative Floyd of the 147th moved that the House agree to the Senate substitute, as amended by the House, to HB 419.
On the motion, the roll call was ordered and the vote was as follows:

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Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan
Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H
Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T E Jones, J Y Jones, S
Jordan Y Kaiser
Keen Y Keown Y Knight
Knox Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Mangham E Manning Y Marin

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows
Millar Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Scott, A

Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon
Shipp Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Teilhet Y Thomas, A.M Y Thomas, B E Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker

On the motion, the ayes were 149, nays 0.

The motion prevailed.

HB 369. By Representatives Rice of the 51st, Lindsey of the 54th, Ehrhart of the 36th, Manning of the 32nd, Butler of the 18th and others:

A BILL to be entitled an Act to provide for legislative findings; to amend Article 2 of Chapter 6 of Title 5 and Chapter 9 of Title 19 of the O.C.G.A., relating to appellate practice and child custody proceedings, respectively, so as to provide for changes in child custody proceedings; to provide for direct appeals in all domestic relations cases; to provide for a parenting plan in child custody cases and the procedure therefor; to provide factors in

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determining the best interests of the child; to provide for written findings of fact in child custody proceedings; to remove the right of a 14 year old to select a custodial parent; to provide for attorney's fees and expenses of litigation in child custody proceedings; to provide for binding arbitration; to amend Code Section 19-7-22 of the O.C.G.A., relating to petition for legitimation of child, so as to correct a cross-reference; 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 provide for legislative findings; to amend Article 2 of Chapter 6 of Title 5, Code Section 9-11-133, and Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to appellate practice, forms meeting requirements for civil case filing and disposition, and child custody proceedings, respectively, so as to provide for changes in child custody proceedings; to provide for direct appeals in certain domestic relations cases; to change certain provisions relating to cases requiring application for appeal; to add information to filing and dispositional forms in domestic relations cases; to provide for a parenting plan in child custody cases and the procedure therefor; to provide factors in determining the best interests of the child; to provide for written findings of fact in child custody proceedings; to provide for attorney's fees and expenses of litigation in child custody proceedings; to provide for binding arbitration; to amend Code Section 197-22 of the Official Code of Georgia Annotated, relating to petition for legitimation of child, so as to correct a cross-reference; 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 who can provide the education and exceptions to the education classes; to change provisions relating to the time limit for granting certain divorces; 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. The General Assembly of Georgia declares that it is the policy of this state to assure that minor children have frequent and continuing contact with parents who have shown the ability to act in the best interests of their children and to encourage parents to share in the rights and responsibilities of rearing their children after the parents have separated or dissolved their marriage or relationship.

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SECTION 2. Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, is amended by revising subsection (a) of Code Section 5-6-34, relating to judgments and rulings deemed directly appealable, as follows:
"(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; (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; (7) All judgments or orders granting or refusing to grant mandamus or any other extraordinary remedy, except with respect to temporary restraining orders; (8) All judgments or orders refusing applications for dissolution of corporations created by the superior courts; (9) All judgments or orders sustaining motions to dismiss a caveat to the probate of a will; and (10) All judgments or orders entered pursuant to subsection (c) of Code Section 1710-6.2; and (11) All judgments or orders in child custody cases including, but not limited to, awarding or refusing to change child custody or holding or declining to hold persons in contempt of such child custody judgment or orders."
SECTION 3. Said article is further amended by revising subsection (a) of Code Section 5-6-35, relating to cases requiring application for appeal, as follows:
"(a) Appeals in the following cases shall be taken as provided in this Code section: (1) Appeals from decisions of the superior courts reviewing decisions of the State Board of Workers' Compensation, the State Board of Education, auditors, state and local administrative agencies, and lower courts by certiorari or de novo proceedings; provided, however, that this provision shall not apply to decisions of the Public Service Commission and probate courts and to cases involving ad valorem taxes and condemnations; (2) Appeals from judgments or orders in divorce, alimony, child custody, and other domestic relations cases including, but not limited to, granting or refusing a divorce or

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temporary or permanent alimony, awarding or refusing to change child custody, or holding or declining to hold persons in contempt of such alimony or child custody judgment or orders; (3) Appeals from cases involving distress or dispossessory warrants in which the only issue to be resolved is the amount of rent due and such amount is $2,500.00 or less; (4) Appeals from cases involving garnishment or attachment, except as provided in paragraph (5) of subsection (a) of Code Section 5-6-34; (5) Appeals from orders revoking probation; (6) Appeals in all actions for damages in which the judgment is $10,000.00 or less; (7) Appeals, when separate from an original appeal, from the denial of an extraordinary motion for new trial; (8) Appeals from orders under subsection (d) of Code Section 9-11-60 denying a motion to set aside a judgment or under subsection (e) of Code Section 9-11-60 denying relief upon a complaint in equity to set aside a judgment; (9) Appeals from orders granting or denying temporary restraining orders; (10) Appeals from awards of attorney's fees or expenses of litigation under Code Section 9-15-14; and (11) Appeals from decisions of the state courts reviewing decisions of the magistrate courts by de novo proceedings so long as the subject matter is not otherwise subject to a right of direct appeal; and (12) Appeals from orders terminating parental rights."

SECTION 4. Code Section 9-11-133 of the Official Code of Georgia Annotated, relating to forms meeting requirements for civil case filing and disposition, is amended by revising subsections (c) and (e) as follows:
"(c) Domestic Relations Case Filing Information Form.

DOMESTIC RELATIONS CASE FILING INFORMATION FORM

Court ___ Superior

County ____________ Date filed __________ mm-dd-yyyy
Docket no. _______________________

Plaintiff(s)

Defendant(s)

(last, suffix, first, middle initial, maiden) (last, suffix, first, middle initial, maiden)

1. _____________________________ 1. _______________________________

2. _____________________________ 2. _______________________________

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Plaintiff/Petitioner's attorney ________________________________ ___ Pro Se

Bar # __________

CONTEMPT

__ Contempt - Custody,

and/or Visitation, or

CHECK CASE TYPE:

Parenting Time

(one or more)

__ Contempt - Child

__ Divorce (includes

Support and Alimony

annulment)

__ Contempt - Child Support

Contested?

___ Yes ___ No __ Contempt - Alimony

Child Custody

__ Other Domestic Contempt

issue?

___ Yes ___ No

Child Support

issue?

___ Yes ___ No FAMILY VIOLENCE

__ Separate Maintenance

Additional information -

__ Adoption

Ex Parte Relief

__ Paternity (includes

_________________________________

legitimation)

Did the initial pleading

__ Interstate Support

include a request for

Enforcement Action

relief:

__ Domestication of

1. From alleged family

Foreign Custody Decree

violence?

___ Yes ___ No

__ Family Violence Act

2. Was ex parte relief

Petition

requested?

___ Yes ___ No

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3. Was ex parte relief

granted?

___ Yes ___ No

MODIFICATION

OTHER

__ Modification - Custody,

Have the parties agreed to

and/or Visitation, or

binding arbitration?

___ Yes ___No

Parenting Time

Have the parties reached

Does the modification

a custodial agreement? ___ Yes ___No

include a parent

If yes, is custody:

selection by a child

___ Joint custody

who is at least 14

___ Joint legal custody

years of age?

___ Yes ___ No ___ Joint physical custody

__ Modification - Child

___ Sole custody to: _______________

Support and Alimony

Financial affidavit

__ Modification - Child

submitted?

___ Yes ___No

Support

Child support forms

__ Modification - Alimony

submitted?

___ Yes ___No"

"(e) Domestic Relations Case Final Disposition Information form.

DOMESTIC RELATIONS CASE FINAL DISPOSITION INFORMATION FORM

Court ___ Superior

County ____________ Date ______________ disposed mm-dd-yyyy
Docket no. _______________________

Reporting party __________________ (Name)

_________________________________ (Title)

Name of plaintiff/petitioner(s) ________________________________

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Plaintiff/petitioner's attorney ________________________________ Bar # __________ Name of defendant/respondent(s) ________________________________ Defendant/respondent's attorney ________________________________ Bar # __________
TYPE OF DISPOSITION 1. Dismissed Without
Final Order A. __ Voluntary (by
parties) B. __ Involuntary (by
court) 2. __ Pretrial Settlement 3. __ Judgment on the
Pleadings 4. __ Summary Judgment 5. __ Trial
A. Bench Trial B. Jury Trial
1. __ Dismissal after

___ Pro Se

___ Pro Se

RELIEF GRANTED (Check all

that apply)

1. __ Ex Parte Relief

2. __ Temporary Relief

3. __ Final Relief

A. __ Divorce/Annulment/

Separate Maintenance

B. __ Child Custody

(i) Parenting plan

included?

___ Yes ___ No

(ii) Custodial arrangement:

___ Joint custody

___ Joint legal custody

___ Joint physical custody

___ Sole custody

to:____________________

(iii) Fourteen year old

made parental

selection?

___ Yes ___ No

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jury selected 2. __ Settlement
during trial 3. __ Judgment on
Verdict 4. __ Directed
Verdict or JNOV
ADR 1. Was mediation utilized?
___ Yes ___ No 2. If yes, was it (check if
applicable): __ court annexed? __ court mandated? 3. Was there an agreement to
binding arbitration? ___ Yes ___ No
If yes, what matters were
subject to binding arbitration?
___ Child custody

C. Visitation or parenting time

Approximate percentage

of parenting time per

year (or number of days)

for: ___ Mother ___ Father

Parenting time was

contested?

___ Yes ___ No

D. __ Child Support

(i) Forms attached? ___ Yes ___ No

E. __ Legitimation/

Paternity

F. __ Alimony

G. __ Contempt

H. __ Equitable Division

I. __ Restraining Protective Order

__ Person __ Property

Finding of family

violence? ___ Yes ___ No

J. __ Adoption

K. __ Attorney's fees? ___Yes ___ No

If yes, in what amount: $__________

and

to

__________________

whom:

K. L. __ ___________

Other (specify)

_____________________________

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___ Visitation or Parenting 4. __ Dismissed prior to Time

___ Parenting Plan

granting of relief.

_________________________________"

SECTION 5. Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, is amended by revising in its entirety Article 1, relating to general provisions, as follows:
"ARTICLE 1
19-9-1. (a)(1) In all cases in which a divorce is granted, the party not in default shall be entitled to the custody of the minor children of the marriage. However, in all cases in which a divorce is granted, an application for divorce is pending, or a change in custody of a minor child is sought, the court, in the exercise of a sound discretion, may look into all the circumstances of the parties, including improvement of the health of a party seeking a change in custody provisions, and, after hearing both parties, may make a different disposition of the children, placing them, if necessary, in possession of guardians appointed by the judge of the probate court. (2) In addition to other factors that a court may consider in a proceeding in which the custody of a child or visitation by a parent is at issue and in which the court has made a finding of family violence: (A) The court shall consider as primary the safety and well-being of the child and of the parent who is the victim of family violence; (B) The court shall consider the perpetrator's history of causing physical harm, bodily injury, assault, or causing reasonable fear of physical harm, bodily injury, or assault to another person; (C) If a parent is absent or relocates because of an act of domestic violence by the other parent, such absence or relocation for a reasonable period of time in the circumstances shall not be deemed an abandonment of the child or children for the purposes of custody determination; and (D) The court shall not refuse to consider relevant or otherwise admissible evidence of acts of family violence merely because there has been no previous finding of family violence. The court may, in addition to other appropriate actions, order supervised visitation pursuant to Code Section 19-9-7. (3)(A) In all cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he or she desires to live. The child's

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selection shall be controlling, unless the parent so selected is determined not to be a fit and proper person to have the custody of the child. (B) In all cases in which the child has reached the age of at least 11 but not 14 years, the court shall consider the desires, if any, and educational needs of the child in determining which parent shall have custody. The court shall have complete discretion in making this determination, and the child's desires are not controlling. The court shall further have broad discretion as to how the child's desires are to be considered, including through the report of a guardian ad litem. The best interest of the child standard shall be controlling. (C) The desire of a child who has reached the age of 11 years but not 14 years shall not, in and of itself, constitute a material change of conditions or circumstances in any action seeking a modification or change in the custody of that child. (D) The court may issue an order granting temporary custody to the selected parent for a trial period not to exceed six months regarding the custody of a child who has reached the age of at least 11 years where the judge hearing the case determines such a temporary order is appropriate. (b) In any case in which a judgment awarding the custody of a minor has been entered, on the motion of any party or on the motion of the court, that portion of the judgment effecting visitation rights between the parties and their minor children may be subject to review and modification or alteration without the necessity of any showing of a change in any material conditions and circumstances of either party or the minor, provided that the review and modification or alteration shall not be had more often than once in each two-year period following the date of entry of the judgment. However, this subsection shall not limit or restrict the power of the court to enter a judgment relating to the custody of a minor in any new proceeding based upon a showing of a change in any material conditions or circumstances of a party or the minor. (c)(1) In any case in which a judgment awarding the custody of a minor has been entered, the court entering such judgment shall retain jurisdiction of the case for the purpose of ordering the custodial parent to notify the court of any changes in the residence of the child. (2) In any case in which visitation rights have been provided to the noncustodial parent and the court orders that the custodial parent provide notice of a change in address of the place for pickup and delivery of the child for visitation, the custodial parent shall notify the noncustodial parent, in writing, of any change in such address. Such written notification shall provide a street address or other description of the new location for pickup and delivery so that the noncustodial parent may exercise such parent's visitation rights. (3) Except where otherwise provided by court order, in any case under this subsection in which a parent changes his or her residence, he or she must give notification of such change to the other parent and, if the parent changing residence is the custodial parent, to any other person granted visitation rights under this title or a court order. Such notification shall be given at least 30 days prior to the anticipated change of residence and shall include the full address of the new residence.

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(d) In the event of any conflict between this Code section and Article 3 of this chapter, Article 3 shall apply. (a) Except when a parent seeks emergency relief for family violence pursuant to Code Section 19-13-3 or 19-13-4, in all cases in which the custody of any child is at issue between the parents, each parent shall prepare a parenting plan or the parties may jointly submit a parenting plan. It shall be in the judge's discretion as to when a party shall be required to submit a parenting plan to the judge. A parenting plan shall be required for permanent custody and modification actions and in the judge's discretion may be required for temporary hearings. The final decree in any legal action involving the custody of a child, including modification actions, shall incorporate a permanent parenting plan.
(b)(1) Unless otherwise ordered by the judge, a parenting plan shall include the following:
(A) A recognition that a close and continuing parent-child relationship and continuity in the child's life will be in the child's best interest; (B) A recognition that the child's needs will change and grow as the child matures and demonstrate that the parents will make an effort to parent that takes this issue into account so that future modifications to the parenting plan are minimized; (C) A recognition that a parent with physical custody will make day-to-day decisions and emergency decisions while the child is residing with such parent; and (D) That both parents will have access to all of the child's records and information, including, but not limited to, education, health, extracurricular activities, and religious communications. (2) Unless otherwise ordered by the judge, or agreed upon by the parties, a parenting plan shall include, but not be limited to: (A) Where and when a child will be in each parent's physical care, designating where the child will spend each day of the year; (B) How holidays, birthdays, vacations, school breaks, and other special occasions will be spent with each parent including the time of day that each event will begin and end; (C) Transportation arrangements including how the child will be exchanged between the parents, the location of the exchange, how the transportation costs will be paid, and any other matter relating to the child spending time with each parent; (D) Whether supervision will be needed for any parenting time and, if so, the particulars of the supervision; (E) An allocation of decision-making authority to one or both of the parents with regard to the child's education, health, extracurricular activities, and religious upbringing, and if the parents agree the matters should be jointly decided, how to resolve a situation in which the parents disagree on resolution; and (F) What, if any, limitations will exist while one parent has physical custody of the child in terms of the other parent contacting the child and the other parent's right to access education, health, extracurricular activity, and religious information regarding the child.

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(c) If the parties cannot reach agreement on a permanent parenting plan, each party shall file and serve a proposed parenting plan on or before the date set by the judge. Failure to comply with filing a parenting plan may result in the judge adopting the plan of the opposing party if the judge finds such plan to be in the best interests of the child.
19-9-1.1. In all proceedings under this article, it shall be expressly permissible for the parents of a child to agree to binding arbitration on the issue of child custody and matters relative to visitation, parenting time, and a parenting plan. The parents may select their arbiter and decide which issues will be resolved in binding arbitration. The arbiter's decisions shall be incorporated into a final decree awarding child custody unless the judge makes specific written factual findings that under the circumstances of the parents and the child the arbiter's award would not be in the best interests of the child. In its judgment, the judge may supplement the arbiter's decision on issues not covered by the binding arbitration.
19-9-1.2. Pursuant to Code Section 9-11-3, and in addition to the filing requirements contained in Code Section 19-6-15, in all proceedings under this article the plaintiff shall file a domestic relations case filing information form as set forth in Code Section 9-11-133.
19-9-2. Upon the death of either parent, the survivor is entitled to custody of the child; provided, however, that the court judge, upon petition, may exercise discretion as to the custody of the child, looking solely to the child's best interest and welfare.
19-9-3. (a)(1) In all cases in which the custody of any minor child or children is at issue between the parents, there shall be no prima-facie right to the custody of the child or children in the father or mother. There shall be no presumption in favor of any particular form of custody, legal or physical, nor in favor of either parent. Joint custody may be considered as an alternative form of custody by the judge and the judge at any temporary or permanent hearing may grant sole custody, joint custody, joint legal custody, or joint physical custody as appropriate. (2) The court judge hearing the issue of custody, in exercise of its sound discretion, may shall make a determination of custody of a child and such matter shall not be decided by a jury. The judge may take into consideration all the circumstances of the case, including the improvement of the health of the party seeking a change in custody provisions, in determining to whom custody of the child or children should be awarded. The duty of the court judge in all such cases shall be to exercise its discretion to look to and determine solely what is for the best interest of the child or children and what will best promote their the child's welfare and happiness and to make its his or her award accordingly.

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(3) In determining the best interests of the child, the judge may consider any relevant factor including, but not limited to:
(A) The love, affection, bonding, and emotional ties existing between each parent and the child; (B) The love, affection, bonding, and emotional ties existing between the child and his or her siblings, half siblings, and stepsiblings and the residence of such other children; (C) The capacity and disposition of each parent to give the child love, affection, and guidance and to continue the education and rearing of the child; (D) Each parent's knowledge and familiarity of the child and the child's needs; (E) The capacity and disposition of each parent to provide the child with food, clothing, medical care, day-to-day needs, and other necessary basic care, with consideration made for the potential payment of child support by the other parent; (F) The home environment of each parent considering the promotion of nurturance and safety of the child rather than superficial or material factors; (G) The importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity; (H) The stability of the family unit of each of the parents and the presence or absence of each parent's support systems within the community to benefit the child; (I) The mental and physical health of each parent; (J) Each parent's involvement, or lack thereof, in the child's education, social, and extracurricular activities; (K) Each parent's employment schedule and the related flexibility or limitations, if any, of a parent to care for the child; (L) The home, school, and community record and history of the child, as well as any health or educational special needs of the child; (M) Each parent's past performance and relative abilities for future performance of parenting responsibilities; (N) The willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent, consistent with the best interest of the child; (O) Any recommendation by a court appointed custody evaluator or guardian ad litem; (P) Any evidence of family violence or sexual, mental, or physical child abuse or criminal history of either parent; and (Q) Any evidence of substance abuse by either parent. (4) In addition to other factors that a court judge may consider in a proceeding in which the custody of a child or visitation or parenting time by a parent is at issue and in which the court judge has made a finding of family violence: (A) The court judge shall consider as primary the safety and well-being of the child and of the parent who is the victim of family violence;

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(B) The court judge shall consider the perpetrator's history of causing physical harm, bodily injury, assault, or causing reasonable fear of physical harm, bodily injury, or assault to another person; (C) If a parent is absent or relocates because of an act of domestic violence by the other parent, such absence or relocation for a reasonable period of time in the circumstances shall not be deemed an abandonment of the child or children for the purposes of custody determination; and (D) The court judge shall not refuse to consider relevant or otherwise admissible evidence of acts of family violence merely because there has been no previous finding of family violence. The court judge may, in addition to other appropriate actions, order supervised visitation or parenting time pursuant to Code Section 19-97. (4)(5) In all custody cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he or she desires to live. The child's selection for purposes of custody shall be controlling presumptive unless the parent so selected is determined not to be a fit and proper person to have the custody of the child in the best interests of the child. The parental selection by a child who has reached the age of 14 may, in and of itself, constitute a material change of condition or circumstance in any action seeking a modification or change in the custody of that child; provided, however, that such selection may only be made once within a period of two years from the date of the previous selection and the best interests of the child standard shall apply. (4.1)(6) In all custody cases in which the child has reached the age of at least 11 but not 14 years, the court judge shall consider the desires and educational needs of the child in determining which parent shall have custody. The child's selection shall not be controlling. The best interests of the child standard shall apply. The judge shall have complete discretion in making this determination, and the child's desires shall not be controlling. The judge shall further have broad discretion as to how the child's desires are to be considered, including through the report of a guardian ad litem. The best interests of the child standard shall be controlling. The parental selection of a child who has reached the age of 11 but not 14 years shall not, in and of itself, constitute a material change of condition or circumstance in any action seeking a modification or change in the custody of that child. The judge may issue an order granting temporary custody to the selected parent for a trial period not to exceed six months regarding the custody of a child who has reached the age of 11 but not 14 years where the judge hearing the case determines such a temporary order is appropriate. (5) Joint custody, as defined by Code Section 19-9-6, may be considered as an alternative form of custody by the court. This provision allows a court at any temporary or permanent hearing to grant sole custody, joint custody, joint legal custody, or joint physical custody where appropriate. (6)(7) The court judge is authorized to order a psychological custody evaluation of the family or an independent medical evaluation. In addition to the privilege afforded

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a witness, neither a court appointed custody evaluator nor a court appointed guardian ad litem shall be subject to civil liability resulting from any act or failure to act in the performance of his or her duties unless such act or failure to act was in bad faith. (8) If requested by any party on or before the close of evidence in a contested hearing, the permanent court order awarding child custody shall set forth specific findings of fact as to the basis for the judge's decision in making an award of custody including any relevant factor relied upon by the judge as set forth in paragraph (3) of this subsection. Such order shall set forth in detail why the court awarded custody in the manner set forth in the order and, if joint legal custody is awarded, a manner in which final decision making on matters affecting the child's education, health, extracurricular activities, religion, and any other important matter shall be decided. Such order shall be filed within 30 days of the final hearing in the custody case, unless extended by order of the judge with the agreement of the parties. (b) In any case in which a judgment awarding the custody of a minor child has been entered, on the motion of any party or on the motion of the court judge, that portion of the judgment effecting visitation rights between the parties and their minor children child or parenting time may be subject to review and modification or alteration without the necessity of any showing of a change in any material conditions and circumstances of either party or the minor child, provided that the review and modification or alteration shall not be had more often than once in each two-year period following the date of entry of the judgment. However, this subsection shall not limit or restrict the power of the court judge to enter a judgment relating to the custody of a minor child in any new proceeding based upon a showing of a change in any material conditions or circumstances of a party or the minor child. (c) In the event of any conflict between this Code section and any provision of Article 3 of this chapter, Article 3 shall apply. (d) It is the express policy of this state to encourage that a minor child has continuing contact with parents and grandparents who have shown the ability to act in the best interest of the child and to encourage parents to share in the rights and responsibilities of raising their children child after such parents have separated or dissolved their marriage or relationship. (e) Upon the filing of an action for a change of child custody, the court judge may in its his or her discretion change the terms of custody on a temporary basis pending final judgment on such issue. Any such award of temporary custody shall not constitute an adjudication of the rights of the parties. (f)(1) In any case in which a judgment awarding the custody of a child has been entered, the court entering such judgment shall retain jurisdiction of the case for the purpose of ordering the custodial parent to notify the court of any changes in the residence of the child. (2) In any case in which visitation rights or parenting time has been provided to the noncustodial parent and the court orders that the custodial parent provide notice of a change in address of the place for pickup and delivery of the child for visitation or parenting time, the custodial parent shall notify the noncustodial parent, in writing, of

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any change in such address. Such written notification shall provide a street address or other description of the new location for pickup and delivery so that the noncustodial parent may exercise such parent's visitation rights or parenting time. (3) Except where otherwise provided by court order, in any case under this subsection in which a parent changes his or her residence, he or she must give notification of such change to the other parent and, if the parent changing residence is the custodial parent, to any other person granted visitation rights or parenting time under this title or a court order. Such notification shall be given at least 30 days prior to the anticipated change of residence and shall include the full address of the new residence. (g) Except as provided in Code Section 19-6-2, and in addition to the attorney's fee provisions contained in Code Section 19-6-15, the judge may order reasonable attorney's fees and expenses of litigation, experts, and the child's guardian ad litem and other costs of the child custody action and pretrial proceedings to be paid by the parties in proportions and at times determined by the judge. Attorney's fees may be awarded at both the temporary hearing and the final hearing. A final judgment shall include the amount granted, whether the grant is in full or on account, which may be enforced by attachment for contempt of court or by writ of fieri facias, whether the parties subsequently reconcile or not. An attorney may bring an action in his or her own name to enforce a grant of attorney's fees made pursuant to this subsection. (h) In addition to filing requirements contained in Code Section 19-6-15, upon the conclusion of any proceeding under this article, the domestic relations final disposition form as set forth in Code Section 9-11-133 shall be filed.
19-9-4. (a) On motion of either party in any action or proceeding involving determination of the award of child custody between parents of the child, when such motion contains a specific recitation of actual abuse, neglect, or other overt acts which have adversely affected the health and welfare of the child, the court judge may direct the appropriate family and children services agency or any other appropriate entity to investigate the home life and home environment of each of the parents. In any action or proceeding involving determination of the award of child custody between parents of the child when during such proceedings a specific recitation of actual abuse, neglect, or other overt acts which have adversely affected the health and welfare of the child has been made the court judge shall also have authority on its his or her own motion to order such an investigation if in the court's judge's opinion the investigation would be useful in determining placement or custody of the child. The court judge may also direct either party to pay to the agency the reasonable cost, or any portion thereof, of the investigation. The report of the investigation will be made to the court judge directing the investigation. Any report made at the direction of the court judge shall be made available to either or both parties for a reasonable period of time prior to the proceedings at which any temporary or permanent custody is to be determined. Both

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parties shall have the right to confront and cross-examine the person or persons who conducted the investigation or compiled the report if adequate and legal notice is given. (b) This Code section shall apply only with respect to actions or proceedings in which the issue of child custody is contested; and this Code section is not intended to alter or repeal Code Sections 49-5-40 through 49-5-44.
19-9-5. (a) In all proceedings under this article between parents, it shall be expressly permissible for the parents of a minor child to present to the court judge an agreement respecting any and all issues concerning custody of the minor child. As used in this Code section, the term 'custody' shall include, without limitation, joint custody as such term is defined in Code Section 19-9-6. As used in this Code section, the term 'custody' shall not include payment of child support. (b) The court judge shall ratify the agreement and make such agreement a part of the court's judge's final judgment in the proceedings unless the court judge makes specific written factual findings as a part of the final judgment that under the circumstances of the parents and the child in such agreement that the agreement would not be in the best interests of the child. The court judge shall not refuse to ratify such agreement and to make such agreement a part of the final judgment based solely upon the parents' choice to use joint custody as a part of such agreement. (c) In its his or her judgment, the court judge may supplement the agreement on issues not covered by such agreement.
19-9-6. As used in this article, the term:
(1) 'Joint custody' means joint legal custody, joint physical custody, or both joint legal custody and joint physical custody. In making an order for joint custody, the court judge may order joint legal custody without ordering joint physical custody. (2) 'Joint legal custody' means both parents have equal rights and responsibilities for major decisions concerning the child, including the child's education, health care, extracurricular activities, and religious training; provided, however, that the court judge may designate one parent to have sole power to make certain decisions while both parents retain equal rights and responsibilities for other decisions. (3) 'Joint physical custody' means that physical custody is shared by the parents in such a way as to assure the child of substantially equal time and contact with both parents. (4) 'Sole custody' means a person, including, but not limited to, a parent, has been awarded permanent custody of a child by a court order. Unless otherwise provided by court order, the person awarded sole custody of a child shall have the rights and responsibilities for major decisions concerning the child, including the child's education, health care, extracurricular activities, and religious training, and the noncustodial parent shall have the right to visitation or parenting time. A person who

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has not been awarded custody of a child by court order shall not be considered as the sole legal custodian while exercising visitation rights or parenting time.
19-9-7. (a) A court judge may award visitation by or parenting time to a parent who committed one or more acts involving family violence only if the court judge finds that adequate provision for the safety of the child and the parent who is a victim of family violence can be made. In a visitation or parenting time order, a court judge may:
(1) Order an exchange of a child to occur in a protected setting; (2) Order visitation or parenting time supervised by another person or agency; (3) Order the perpetrator of family violence to attend and complete, to the satisfaction of the court judge, a certified family violence intervention program for perpetrators as defined in Article 1A of Chapter 13 of this title as a condition of the visitation or parenting time; (4) Order the perpetrator of family violence to abstain from possession or consumption of alcohol, marijuana, or any Schedule I controlled substance listed in Code Section 16-13-25 during the visitation or parenting time and for 24 hours preceding the visitation or parenting time; (5) Order the perpetrator of family violence to pay a fee to defray the costs of supervised visitation or parenting time; (6) Prohibit overnight visitation or parenting time; (7) Require a bond from the perpetrator of family violence for the return and safety of the child; and (8) Impose any other condition that is deemed necessary to provide for the safety of the child, the victim of family violence, or another family or household member. (b) Whether or not visitation or parenting time is allowed, the court judge may order the address of the child and the victim of family violence to be kept confidential. (c) The court judge shall not order an adult who is a victim of family violence to attend joint counseling with the perpetrator of family violence as a condition of receiving custody of a child or as a condition of visitation or parenting time. (d) If a court judge allows a family or household member to supervise visitation or parenting time, the court judge shall establish conditions to be followed during visitation or parenting time."
SECTION 6. Code Section 19-7-22 of the Official Code of Georgia Annotated, relating to petition for legitimation of a child, is amended by revising subsection (f.1) as follows:
"(f.1) The petition for legitimation may also include claims for visitation, parenting time, or custody. If such claims are raised in the legitimation action, the court may order, in addition to legitimation, visitation, parenting time, or custody based on the best interests of the child standard. In a case involving allegations of family violence, the provisions of paragraph (2) (4) of subsection (a) of Code Section 19-9-1 19-9-3 shall also apply."

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SECTION 7. Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, is amended by striking subsection (a) of Code Section 19-5-1, relating to granting total divorces and referral for alternative dispute resolution, and inserting in lieu thereof the following:
"(a) Total divorces may be granted in proper cases by the superior court; provided, however, that the parties shall comply with Code Section 19-5-1.1 if it is applicable. Unless an issuable defense is filed as provided by law and a jury trial is demanded in writing by either party on or before the call of the case for trial, in all petitions for divorce and permanent alimony the judge shall hear and determine all issues of law and of fact and any other issues raised in the pleadings."
SECTION 8. Said chapter is further amended by inserting a new Code section to read as follows:
"19-5-1.1. (a)(1) Except as otherwise provided in subsection (c) of this Code section, in proceedings pursuant to this chapter in which there are dependent children of the marriage who are younger than 18 years of age or in which the wife is pregnant, the court shall order the parties seeking legal separation or divorce to participate in education classes of their choice, focusing substantially on the potential impact of separation or divorce on children. (2) The parties shall commence such education classes within 30 days after the filing of the answer to the petition for legal separation or divorce. (3) The education classes shall be provided to parties in each judicial circuit by one or more of the following: (A) A marriage and family therapist, social worker, or professional counselor licensed pursuant to Chapter 10A of Title 43 or psychologist licensed pursuant to Chapter 39 of Title 43; (B) An unlicenced therapist acting under the supervision of a licensed marriage and family therapist, licensed psychologist, licensed social worker, or licensed professional counselor; (C) A qualified member of the clergy; or (D) A qualified person acting under the supervision of a member of the clergy. (4) Persons providing the education classes may use the curriculum developed by the Georgia Board of Professional Counselors, Social Workers, and Marriage and Family Therapists or such other curriculum that focuses specially on the impact of legal separation and divorce on children. (5) The education classes shall commence within 30 days after the filing of the answer to the petition for legal separation or divorce and shall consist of a minimum total of four hours after the filing of the answer to the petition, unless the parties reconcile prior to completion of the education classes. Counseling in which the parties have participated at any time within six months prior to the filing of the answer to the petition shall also count toward the hourly requirements set forth in this paragraph, if

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such counseling focused substantially on the potential impact on children of separation or divorce. The parties may elect to participate in the education classes together or separately. Whether the parties participate in the education classes together or separately, each party shall participate for a total of four hours. (6) After a party has successfully completed the education classes, the person providing the education classes shall provide the participating party with a certificate of completion or a letter of verification or some other written documentation indicating successful completion of the education classes. The person providing education classes shall also provide to the party a list of resources for mental health counseling, marital counseling, child counseling, and other support services that may be available in the community to the party and the party's children. (7) The court shall either provide payment for indigent parties to complete the education classes required by this Code section or shall waive such requirement. (b) The parties may elect to attend the education classes together unless one of the following circumstances exist: (1) A protective order has been issued against one of the parties pursuant to Article 1 of Chapter 13 of this title; (2) There have been allegations of violence within the marriage; or (3) One of the parties prefers to attend the education class without his or her spouse. (c) The court shall not require the education classes prescribed in subsection (a) of this Code section if: (1) Service of process was satisfied by publication and the whereabouts of one of the parties cannot be determined; (2) One of the parties to the marriage at the time of the action is serving a sentence in the Department of Corrections; (3) The youngest child of the parties is within six months of his or her eighteenth birthday; (4) One of the parties to the proceeding does not live in this state; or (5) The parties have been living separate and apart for more than five years. (d) If the petition for legal separation or divorce is not dismissed, the costs, if any, associated with the education classes required by subsection (a) of this Code section shall be paid by the participating parties in accordance with each party's ability to pay, as the court deems appropriate."
SECTION 9. Said chapter is further amended by striking paragraph (13) of Code Section 19-5-3, relating to grounds for divorce, and inserting in lieu thereof the following:
"(13) The marriage is irretrievably broken. Under no circumstances shall the court grant a divorce on this ground until not less than 30 days from the date of service on the respondent and as further provided in Code Section 19-5-3.1."
SECTION 10. Said chapter is further amended by inserting a new Code section to follow Code Section

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19-5-3, relating to grounds for divorce, to read as follows: "19-5-3.1. (a) Except as provided in subsection (b) of this Code section, a court shall grant a divorce only after 120 days from the date of service on the respondent where the parties have children who are younger than 18 years of age. (b) The waiting periods provided by this Code section shall be waived where either party has obtained a protective order pursuant to Article 1 of Chapter 13 of this title or where either party submits a confidential affidavit to the court for in camera inspection, a verified petition, a verified answer, or a verified responsive pleading, which alleges specific facts establishing probable cause that family violence as defined by Code Section 19-13-1 has occurred in the past."

SECTION 11. This Act shall become effective on January 1, 2008, and shall apply to all child custody proceedings and modifications of child custody filed on or after January 1, 2008.

SECTION 12. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Rice of the 51st, Lindsey of the 54th, and Ehrhart of the 36th move to amend the Senate substitute to HB 369 by striking lines 12 through 17 on page 1 and inserting in their place the following:

Annotated, relating to petition for legitimation of child, so as to correct a crossreference; to provide for related matters; to provide for an effective date and

By striking Sections 8, 9, and 10 in their entirety.

By redesignating Sections 11 and 12 as Sections 8 and 9, respectively.

Representative Rice of the 51st moved that the House agree to the Senate substitute, as amended by the House, to HB 369.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden
Beasley-Teague Y Benfield

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps

Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs

Y Martin Y Maxwell
May Y McCall Y McKillip Y Meadows
Millar Mills

Y Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Shipp Y Sims, B Y Sims, C

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Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant Y Buckner
Burkhalter Burns Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Cole Y Coleman Y Collins Y Cooper Y Cox Crawford, M N Crawford, R Y Davis, H Davis, S Y Day

Y Everson Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton
Hanner Harbin Y Hatfield Y Heard, J Heard, K Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T E Jones, J Y Jones, S
Jordan Y Kaiser
Keen Y Keown
Knight Knox Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox Mangham E Manning Y Marin

Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy
Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston
Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor
Scott, A

Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton
Teilhet Y Thomas, A.M Y Thomas, B E Tumlin Y Walker Y Watson Y Wilkinson Y Willard
Williams, A Williams, E Y Williams, M Y Williams, R Y Wix Yates Richardson, Speaker

On the motion, the ayes were 138, nays 1.

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 186. By Representatives Cole of the 125th, O`Neal of the 146th, Smith of the 129th, Golick of the 34th, Maddox of the 172nd 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 a five-year exemption regarding the sale of tangible personal property to, or used in or for the construction of, a new alternative fuel facility dedicated exclusively to the processing and production of ethanol, biodiesel, and butanol; to provide for definitions; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Representative Cole of the 125th moved that the House insist on its position in disagreeing to the Senate substitute to HB 186 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 Cole of the 125th, Roberts of the 154th and Royal of the 171st.
The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:
HB 380. By Representatives Hill of the 21st, Scott of the 2nd, Stephens of the 164th, Parsons of the 42nd, Knight of the 126th and others:
A BILL to be entitled an Act to amend Code Section 48-3-3 of the Official Code of Georgia Annotated, relating to tax execution by tax collectors and tax commissioners, so as to change certain provisions regarding the mailing of bills or notices; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL
To amend Code Section 48-3-3 of the Official Code of Georgia Annotated, relating to tax execution by tax collectors and tax commissioners, so as to change certain provisions regarding the mailing of bills or notices; to provide for applicability of interest and penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-3-3 of the Official Code of Georgia Annotated, relating to tax execution by tax collectors and tax commissioners, is amended by revising subsection (e) to read as follows:
"(e)(1) 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.

FRIDAY, APRIL 20, 2007

3921

(2) A new purchaser of property shall not be required to pay the interest specified in Code Section 48-2-40, or the penalty specified in Code Section 48-2-44, until 60 days after the tax collector or tax commissioner has forwarded a tax bill to the new purchaser in accordance with paragraph (1) of this subsection. This paragraph shall apply only to the tax bill applicable to the year in which the property was purchased."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Hill of the 21st moved that the House agree to the Senate substitute to HB 380.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams
Amerson Y Ashe Y Barnard Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S
Day

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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
Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T E Jones, J Y Jones, S
Jordan Y Kaiser
Keen Y Keown
Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox
Mangham E Manning Y Marin

Y Martin Y Maxwell
May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston
Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor
Scott, A

Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon
Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner Y Starr
Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B E Tumlin Y Walker Watson Y Wilkinson Y Willard Y Williams, A Williams, E Y Williams, M Y Williams, R Y Wix Yates Richardson, Speaker

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On the motion, the ayes were 146, nays 0.
The motion prevailed.
HB 586. By Representatives Ralston of the 7th and Fleming of the 117th:
A BILL to be entitled an Act to amend Code Section 17-12-127 of the Official Code of Georgia Annotated, relating to representation and appointment of alternative attorneys, so as to change matters relating to appointment of counsel and attorneys' fees in capital cases; 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 15 and Code Section 17-12-127 of the Official Code of Georgia Annotated, relating to the general provisions of superior courts and representation and appointment of alternative attorneys, respectively, so as to change certain provisions relative to indigent defense costs; to specify costs not to be considered contingent expenses; to change matters relating to appointment of counsel and attorneys' fees in capital cases; 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. Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to the general provisions of superior courts, is amended by revising Code Section 15-6-24 as follows:
"15-6-24. (a) Any contingent expenses incurred in holding any session of the superior court, including lights, fuel, stationery, rent, publication of grand jury presentments when ordered published, and similar items, such as taking down testimony in felony cases, etc., shall be paid out of the county treasury of such county upon the certificate of the judge of the superior court and without further order. (b) Any costs incurred in providing defense services pursuant to Chapter 12 of Title 17, the 'Georgia Indigent Defense Act of 2003,' for persons accused of crimes shall not be considered contingent expenses of the superior court for purposes of this Code section."
SECTION 2. Code Section 17-12-127 of the Official Code of Georgia Annotated, relating to representation and appointment of alternative attorneys, is amended by revising

FRIDAY, APRIL 20, 2007

3923

subsection (b) as follows: "(b) If for any reason the office is unable to defend any indigent person accused of a capital felony for which the death penalty is being sought, the presiding judge of the superior court in which the case is pending shall appoint an attorney or attorneys counsel to represent the defendant. Counsel appointed pursuant to this subsection shall be paid A maximum of two attorneys shall be paid by the council at an hourly rate established by the council with state funds appropriated to the council for use by the office. The council with the assistance of the office shall establish guidelines for attorney's fees and expense requests. A county governing authority may provide supplemental compensation to appointed counsel. The presiding judge may appoint not more than one additional attorney to represent the defendant; provided, however, that such attorney shall be paid by the county governing authority with county funds at a rate established by the council."

SECTION 3. This Act shall become effective on July 1, 2007, and shall apply to all costs and fees incurred or counsel appointed on or after July 1, 2007.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Ralston of the 7th moved that the House agree to the Senate substitute to HB 586.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam N Abrams Y Amerson Y Ashe Y Barnard Y Bearden
Beasley-Teague Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon

Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson
Jacobs Y James Y Jamieson Y Jenkins
Jerguson Y Johnson, C E Johnson, T E Jones, J Y Jones, S Y Jordan Y Kaiser
Keen Y Keown Y Knight
Knox

Y Martin Y Maxwell
May Y McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon
Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield
Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson
Talton Y Teilhet

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Y Chambers Y Channell Y Cheokas Y Coan
Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree
Henson Y Hill, C
Hill, C.A Y Holmes

Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey
Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Porter Y Powell
Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor
Scott, A

Y Thomas, A.M Y Thomas, B E Tumlin Y Walker
Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, M Y Williams, R Y Wix
Yates Richardson, Speaker

On the motion, the ayes were 144, nays 1.

The motion prevailed.

Representative Talton of the 145th 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 98.

By Senators Hamrick of the 30th, Mullis of the 53rd, Thomas of the 54th, Heath of the 31st, Staton of the 18th and others:

A BILL to be entitled an Act to amend Titles 16 and 35 of the Official Code of Georgia Annotated, relating to crimes and offenses and law enforcement officers and agencies, respectively, so as to provide the Georgia Bureau of Investigation with the authority to investigate certain offenses against minors, including subpoena power; to change provisions relating to the "Computer Pornography and Child Exploitation Act of 1999"; to provide for a definition; to provide for an effective date; 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 98

The Committee of Conference on SB 98 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 98 be adopted.

FRIDAY, APRIL 20, 2007

3925

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Hamrick Senator, 30th District

/s/ Mumford Representative, 95th District

/s/ Mullis Senator, 53rd District

/s/ Ralston Representative, 7th District

/s/ Cowsert Senator, 46th District

/s/ Bearden Representative, 68th District

A BILL

To amend Titles 16 and 35 of the Official Code of Georgia Annotated, relating to crimes and offenses and law enforcement officers and agencies, respectively, so as to provide the Georgia Bureau of Investigation with the authority to investigate certain offenses against minors, including subpoena power; to change provisions relating to the "Computer Pornography and Child Exploitation Act of 1999"; to provide for a definition; 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. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising Code Section 16-9-109, relating to disclosure by service providers pursuant to investigations, as follows:
"16-9-109. (a) Any law enforcement unit, the Attorney General, or any district attorney who is conducting an investigation of a violation of this article or an investigation of a violation of Code Section 16-12-100, 16-12-100.1, 16-12-100.2, or 16-5-90, or Article 8 of Chapter 9 of Title 16 this chapter involving the use of a computer, cellular telephone, or any other electronic device used in furtherance of the act may require the disclosure by a provider of electronic communication service or remote computing service of the contents of a wire or electronic communication that is in electronic storage in an electronic communications system for 180 days or less pursuant to a search warrant issued under the provisions of Article 2 of Chapter 5 of Title 17 by a court with jurisdiction over the offense under investigation. Such court may require the disclosure by a provider of electronic communication service or remote computing service of the contents of a wire or electronic communication that has been in electronic

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JOURNAL OF THE HOUSE

storage in an electronic communications system for more than 180 days as set forth in subsection (b) of this Code section.
(b)(1) Any law enforcement unit, the Attorney General, or any district attorney may require a provider of electronic communication service or remote computing service to disclose a record or other information pertaining to a subscriber to or customer of such service, exclusive of the contents of communications, only when any law enforcement unit, the Attorney General, or any district attorney:
(A) Obtains a search warrant as provided in Article 2 of Chapter 5 of Title 17; (B) Obtains a court order for such disclosure under subsection (c) of this Code section; or (C) Has the consent of the subscriber or customer to such disclosure. (2) A provider of electronic communication service or remote computing service shall disclose to any law enforcement unit, the Attorney General, or any district attorney the: (A) Name; (B) Address; (C) Local and long distance telephone connection records, or records of session times and durations; (D) Length of service, including the start date, and types of service utilized; (E) Telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address; and (F) Means and source of payment for such service, including any credit card or bank account number of a subscriber to or customer of such service when any law enforcement unit, the Attorney General, or any district attorney uses a subpoena authorized by Code Section 16-9-108, 35-3-4.1, or 45-15-17 or a grand jury or trial subpoena when any law enforcement unit, the Attorney General, or any district attorney complies with paragraph (1) of this subsection. (3) Any law enforcement unit, the Attorney General, or any district attorney receiving records or information under this subsection shall not be required to provide notice to a subscriber or customer. A provider of electronic communication service or remote computing service shall not disclose to a subscriber or customer the existence of any search warrant or subpoena issued pursuant to this article nor shall a provider of electronic communication service or remote computing service disclose to a subscriber or customer that any records have been requested by or disclosed to any law enforcement unit, the Attorney General, or any district attorney pursuant to this article. (c) A court order for disclosure issued pursuant to subsection (b) of this Code section may be issued by any superior court with jurisdiction over the offense under investigation and shall only issue such court order for disclosure if any law enforcement unit, the Attorney General, or any district attorney offers specific and articulable facts showing that there are reasonable grounds to believe that the contents of an electronic communication, or the records or other information sought, are relevant and material to an ongoing criminal investigation. A court issuing an order pursuant to this Code

FRIDAY, APRIL 20, 2007

3927

section, on a motion made promptly by a provider of electronic communication service or remote computing service, may quash or modify such order, if compliance with such order would be unduly burdensome or oppressive on such provider.
(d)(1) Any records supplied pursuant to this part shall be accompanied by the affidavit of the custodian or other qualified witness, stating in substance each of the following:
(A) The affiant is the duly authorized custodian of the records or other qualified witness and has authority to certify the records; (B) The copy is a true copy of all the records described in the subpoena, court order, or search warrant and the records were delivered to the attorney, or the attorney's representative, or the director of the Georgia Bureau of Investigation or the director's designee; (C) The records were prepared by the personnel of the business in the ordinary course of business at or near the time of the act, condition, or event; (D) The sources of information and method and time of preparation were such as to indicate its trustworthiness; (E) The identity of the records; and (F) A description of the mode of preparation of the records. (2) If the business has none or only part of the records described, the custodian or other qualified witness shall so state in the affidavit. (3) If the original records would be admissible in evidence if the custodian or other qualified witness had been present and testified to the matters stated in the affidavit, the copy of the records shall be admissible in evidence. When more than one person has knowledge of the facts, more than one affidavit shall be attached to the records produced. (4) No later than 30 days prior to trial, a party intending to offer such evidence produced in compliance with this subsection shall provide written notice of such intentions to the opposing party or parties. A motion opposing the admission of such evidence shall be filed within ten days of the filing of such notice, and the court shall hold a hearing and rule on such motion no later than ten days prior to trial. Failure of a party to file such motion opposing admission prior to trial shall constitute a waiver of objection to such records and affidavit. However, the court, for good cause shown, may grant relief from such waiver."
SECTION 2. Said title is further amended by revising Code Section 16-12-100.2, relating to computer pornography and child exploitation prevention, as follows:
"16-12-100.2. (a) This Code section shall be known and may be cited as the 'Computer or Electronic Pornography and Child Exploitation Prevention Act of 1999 2007.' (b) As used in this Code section, the term:
(1) 'Child' means any person under the age of 16 years.

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(2) 'Electronic device' means any device used for the purpose of communicating with a child for sexual purposes or any device used to visually depict a child engaged in sexually explicit conduct, store any image or audio of a child engaged in sexually explicit conduct, or transmit any audio or visual image of a child for sexual purposes. Such term may include, but shall not be limited to, a computer, cellular phone, thumb drive, video game system, or any other electronic device that can be used in furtherance of exploiting a child for sexual purposes; (2)(3) 'Identifiable child' means a person:
(A) Who was a child at the time the visual depiction was created, adapted, or modified or whose image as a child was used in creating, adapting, or modifying the visual depiction; and (B) Who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature or by electronic or scientific means as may be available. The term shall not be construed to require proof of the actual identity of the child. (3)(4) 'Sadomasochistic abuse' has the same meaning as provided in Code Section 1612-100.1. (4)(5) 'Sexual conduct' has the same meaning as provided in Code Section 16-12100.1. (5)(6) 'Sexual excitement' has the same meaning as provided in Code Section 16-12100.1. (6)(7) 'Sexually explicit nudity' has the same meaning as provided in Code Section 16-12-102. (7)(8) 'Visual depiction' means any image and includes undeveloped film and video tape and data stored on computer disk or by electronic means which is capable of conversion into a visual image or which has been created, adapted, or modified to show an identifiable child engaged in sexually explicit conduct. (c)(1) A person commits the offense of computer or electronic pornography if such person intentionally or willfully: (A) Compiles, enters into, or transmits by means of computer or other electronic device; (B) Makes, prints, publishes, or reproduces by other computerized means computer or other electronic device; (C) Causes or allows to be entered into or transmitted by means of computer or other electronic device; or (D) Buys, sells, receives, exchanges, or disseminates any notice, statement, or advertisement, or any child's name, telephone number, place of residence, physical characteristics, or other descriptive or identifying information for the purpose of offering or soliciting sexual conduct of or with an identifiable child or the visual depiction of such conduct. (2) Any person convicted of violating paragraph (1) of this subsection shall be punished by a fine of not more than $10,000.00 and by imprisonment for not less than one nor more than 20 years.

FRIDAY, APRIL 20, 2007

3929

(d)(1) It shall be unlawful for any person intentionally or willfully to utilize a computer on-line service or Internet service, including but not limited to a local bulletin board service, Internet chat room, e-mail, or on-line messaging service, or other electronic device, to seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice a child or another person believed by such person to be a child to commit any illegal act described in Code Section 16-6-2, relating to the offense of sodomy or aggravated sodomy; Code Section 16-6-4, relating to the offense of child molestation or aggravated child molestation; Code Section 16-6-5, relating to the offense of enticing a child for indecent purposes; or Code Section 16-6-8, relating to the offense of public indecency or to engage in any conduct that by its nature is an unlawful sexual offense against a child. (2) Any person who violates paragraph (1) of this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 20 years and by a fine of not more than $25,000.00; provided, however, that, if at the time of the offense the victim was 14 or 15 years of age and the defendant was no more than three years older than the victim, then the defendant shall be guilty of a misdemeanor of a high and aggravated nature. (e)(1) A person commits the offense of obscene Internet contact with a child if he or she has contact with someone he or she knows to be a child or with someone he or she believes to be a child via a computer on-line service or Internet service, including but not limited to a local bulletin board service, Internet chat room, e-mail, or on-line messaging service, and the contact involves any matter containing explicit verbal descriptions or narrative accounts of sexually explicit nudity, sexual conduct, sexual excitement, or sadomasochistic abuse that is intended to arouse or satisfy the sexual desire of either the child or the person, provided that no conviction shall be had for a violation of this subsection on the unsupported testimony of a child. (2) Any person who violates paragraph (1) of this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years or by a fine of not more than $10,000.00; provided, however, that, if at the time of the offense the victim was 14 or 15 years of age and the defendant was no more than three years older than the victim, then the defendant shall be guilty of a misdemeanor of a high and aggravated nature. (f)(1) It shall be unlawful for any owner or operator of a computer on-line service, Internet service, or local bulletin board service, or other electronic device that is in the business of providing a service that may be used to sexually exploit a child to intentionally or willfully to permit a subscriber to utilize the service to commit a violation of this Code section, knowing that such person intended to utilize such service to violate this Code section. No owner or operator of a public computer online service, Internet service, or local bulletin board service, or other electronic device that is in the business of providing a service that may be used to sexually exploit a child shall be held liable on account of any action taken in good faith in providing the aforementioned services.

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(2) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor of a high and aggravated nature. (g) The sole fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this Code section shall not constitute a defense to prosecution under this Code section. (h) A person is subject to prosecution in this state pursuant to Code Section 17-2-1, relating to jurisdiction over crimes and persons charged with commission of crimes generally, for any conduct made unlawful by this Code section which the person engages in while: (1) Either either within or outside of this state if, by such conduct, the person commits a violation of this Code section which involves a child who resides in this state or another person believed by such person to be a child residing in this state; or (2) Within this state if, by such conduct, the person commits a violation of this Code section which involves a child who resides within or outside this state or another person believed by such person to be a child residing within or outside this state. (i) Any violation of this Code section shall constitute a separate offense."
SECTION 3. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended in subsection (a) of Code Section 35-3-4, relating to powers and duties of the Georgia Bureau of Investigation, by striking "and" at the end of paragraph (8), by replacing the period with "; or" at the end of paragraph (9), and by adding a new paragraph to read as follows:
"(10) Identify and investigate violations of Part 2 of Article 3 of Chapter 12 of Title 16, relating to offenses related to minors."
SECTION 4. Said title is further amended by revising Article 1 of Chapter 3, relating to general provisions relating to the Georgia Bureau of Investigation, by adding a new Code section to read as follows:
"35-3-4.1. (a)(1) In any investigation of a violation of Code Section 16-12-100, 16-12-100.1, or 16-12-100.2 involving the use of a computer or an electronic device in furtherance of an act related to a minor, the director, assistant director, or deputy director for investigations shall be authorized to issue a subpoena, with the consent of the Attorney General, to compel the production of electronic communication service or remote communication service records or other information pertaining to a subscriber or customer of such service, exclusive of contents of communications. (2) A provider of electronic communication service or remote computing service shall disclose to the bureau the: (A) Name; (B) Address;

FRIDAY, APRIL 20, 2007

3931

(C) Local and long distance telephone connection records, or records of session times and durations; (D) Length of service, including the start date, and types of service utilized; (E) Telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address; and (F) Means and source of payment for such service, including any credit card or bank account number of a subscriber to or customer of such service. (b) Upon failure of a person without lawful excuse to obey a subpoena, the director, assistant director, or the deputy director for investigations, through the Attorney General or district attorney, may apply to a superior court having jurisdiction for an order compelling compliance. Such person may object to the subpoena on grounds that it fails to comply with this Code section or upon any constitutional or other legal right or privilege of such person. The court may issue an order modifying or setting aside such subpoena or directing compliance with the original subpoena. (c) The Attorney General may request that a natural person who refuses to produce relevant matter on the ground that the production of records may incriminate such person be ordered by the court to provide such records. With the exception of a prosecution for perjury, a natural person who complies with the court order to provide such records asserting a privilege against self-incrimination to which he or she is entitled by law shall not be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he or she may testify or produce evidence, documentary or otherwise. (d)(1) Information obtained pursuant to a subpoena enforced by this Code section shall not be made public or, except as authorized in paragraph (2) of this subsection, disclosed by the director, assistant director, deputy director for investigations, or the director's employees beyond the extent necessary for the enforcement of this Code section. (2) The director, assistant director, deputy director for investigations, or the director's employees shall be authorized to provide to any federal, state, or local law enforcement agency any information acquired under this Code section in furtherance of a criminal investigation in violation of Code Section 16-12-100, 16-12-100.1, or 16-12-100.2. (e) As used in this Code section, the terms 'electronic communication service' and 'remote communication service' shall have the same meaning as set forth in Code Section 16-9-92."
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.

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Representative Mumford of the 95th moved that the House adopt the report of the Committee of Conference on SB 98.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan
Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton
Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y 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
Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins
Jerguson Y Johnson, C E Johnson, T E Jones, J Y Jones, S
Jordan Y Kaiser
Keen Y Keown Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord
Loudermilk Lucas Lunsford Y Maddox Y Mangham E Manning Y Marin

E Martin Y Maxwell
May McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Scott, A

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon
Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield
Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B E Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, M Y Williams, R Y Wix
Yates Richardson, Speaker

On the motion, the ayes were 147, nays 0.

The motion prevailed.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

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3933

HB 486. By Representative Willard of the 49th:
A BILL to be entitled an Act to amend Code Section 48-5-359.1 of the Official Code of Georgia Annotated, relating to contracts with the county tax commissioner to assess and collect municipal taxes and prepare the tax digest, so as to change certain provisions regarding compensation to be paid to the tax commissioner for additional duties; 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 48-5-359.1 of the Official Code of Georgia Annotated, relating to contracts with the county tax commissioner to assess and collect municipal taxes and prepare the tax digest, so as to change certain provisions regarding compensation to be paid to the tax commissioner for additional duties; to provide for an exception; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-5-359.1 of the Official Code of Georgia Annotated, relating to contracts with the county tax commissioner to assess and collect municipal taxes and prepare the tax digest, is amended by revising subsection (a) as follows:
"(a) Any county and any municipality wholly or partially located within such county may contract, subject to approval by the tax commissioner of the county, for the tax commissioner to prepare the tax digest for such municipality; to assess and collect municipal taxes in the same manner as county taxes; and, for the purpose of collecting such municipal taxes, to invoke any remedy permitted for collection of municipal taxes. Any contract authorized by this subsection between the county governing authority and a municipality shall specify an amount to be paid by the municipality to the county which amount will substantially approximate the cost to the county of providing the service to the municipality. Notwithstanding the provisions of any other law, the tax commissioner is authorized to contract for and to accept, receive, and retain compensation from the municipality for such additional duties and responsibilities in addition to that compensation provided by law to be paid to the tax commissioner by the county. Any county and any municipality wholly or partially located within such county may contract, with the approval of the tax commissioner, for the tax commissioner to prepare the tax digest for such municipality; to assess and collect municipal taxes in the same manner as

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county taxes; and, for the purpose of collecting such municipal taxes, to invoke any remedy permitted for collection of municipal taxes. Any contract authorized by this subsection between the county governing authority and a municipality shall specify an amount to be paid by the municipality to the county which amount will substantially approximate the cost to the county of providing the service to the municipality. Notwithstanding the provisions of any other law, the tax commissioner is authorized to accept, receive, and retain compensation from the county for such additional duties and responsibilities in addition to that compensation provided by law to be paid to the tax commissioner by the county."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Willard of the 49th moved that the House disagree to the Senate substitute to HB 486.
The motion prevailed.
HB 109. By Representatives Black of the 174th, Shaw of the 176th, Carter of the 175th and Hatfield of the 177th:
A BILL to be entitled an Act to amend Chapter 68 of Title 36 of the Official Code of Georgia Annotated, relating to consolidation of a county and municipality through repeal of the charter of the municipality, so as to provide that under certain circumstances a county which contains no municipality shall be deemed to constitute a consolidated government and shall be subject to certain provisions of said chapter; 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 68 of Title 36 of Official Code of Georgia Annotated, relating to consolidation of a county and municipality through repeal of the charter of the municipality, so as to provide that under certain circumstances a county which contains no municipality shall be deemed to constitute a consolidated government and shall be

FRIDAY, APRIL 20, 2007

3935

subject to certain provisions of said chapter; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 68 of Title 36 of Official Code of Georgia Annotated, relating to consolidation of a county and municipality through repeal of the charter of the municipality, is amended by adding a new Code section to read as follows:
"36-68-4. (a) If as of July 1, 2007, or at any time thereafter there exists in this state a county in which no part of any municipal corporation is located, then the governing authority of that county may elect that the county shall thenceforth be deemed to be and constituted as a consolidated government for purposes of the laws of this state. In order to be effective under this Code section, the election by the county governing authority must comply with all of the following conditions:
(1) The election shall be carried out by the adoption of an appropriate resolution by the county governing authority which must be adopted by unanimous vote of the members of the governing authority voting thereon and ratified by a majority of the electors of the county voting in a referendum; (2) The election must be made by the county governing authority within one calendar year after July 1, 2007, or such later date as this Code section becomes applicable to the county; (3) The county must at the time of election be providing at least three of the services specified in subsection (b) of Code Section 36-30-7.1; and (4) Within 30 days after the adoption of the resolution and ratification by the electors of the county a certification of election must be filed by the county with the Department of Community Affairs in such form and manner as may be specified by the department. (b) A county which is constituted as a consolidated government under this Code section shall constitute a municipal corporation as well as a county for the purpose of the application of the general laws and Constitution of this state. Such a county may exercise the powers vested in municipalities generally as well as the powers vested in the county by general or local law. When similar but not identical laws apply to counties and municipalities and a determination must be made as to which law applies, the county which is constituted as a consolidated government may elect which law to proceed under. (c) When a county has become subject to this Code section, no municipal corporation may thereafter be created in or extend into the county."
SECTION 2. This Act shall become effective on July 1, 2007.

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Black of the 174th moved that the House agree to the Senate substitute to HB 109.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan
Cole Coleman Y Collins Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England
Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd
Forster Y Franklin Y Frazier Y Freeman
Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T E Jones, J Y Jones, S Y Jordan Y Kaiser
Keen Y Keown Y Knight
Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Lunsford Y Maddox Y Mangham E Manning Y Marin

E Martin Y Maxwell
May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell
Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor
Scott, A

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon
Shipp Y Sims, B
Sims, C Y Sims, F Y Sinkfield
Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner
Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B E Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, M Y Williams, R Y Wix
Yates Richardson, Speaker

On the motion, the ayes were 146, nays 0.

The motion prevailed.

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HB 313. By Representative Barnard of the 166th:
A BILL to be entitled an Act to amend Article 6 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to voluntary inmate labor programs, so as to clarify that the Georgia Correctional Industries Administration has authority to administer and manage certain inmate work programs and to publicize and invite employers to participate in such inmate work programs; to amend Code Section 42-10-4 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Correctional Industries Administration, so as to clarify that the administration has authority to administer, manage, and publicize certain inmate work programs; 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 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, so as to authorize the commissioner to issue warrants for the arrest of inmates; to amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, so as to prohibit the possession of certain depictions or photographs of victims by certain persons confined in penal institutions; to provide for exceptions; to amend Article 6 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to voluntary inmate labor programs, so as to clarify that the Georgia Correctional Industries Administration has authority to administer and manage certain inmate work programs and to publicize and invite employers to participate in such inmate work programs; to prohibit employers that participate in inmate work programs from providing any thing of value to the Board of Corrections, the Department of Corrections, the Georgia Correctional Industries Administration, or any officer or employee thereof other than the payments authorized by law; to prohibit the Board of Corrections, the Department of Corrections, the Georgia Correctional Industries Administration, and any officer or employee thereof from accepting any thing of value other than the payments authorized by law from employers that participate in inmate work programs; to provide a definition; to provide a penalty; to amend Code Section 42-10-4 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Correctional Industries Administration, so as to clarify that the administration has authority to administer, manage, and publicize certain inmate work programs; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, is amended by revising Code Section 42-2-8, relating to additional duties of the commissioner, as follows:
"42-2-8. (a) The commissioner shall direct and supervise all the administrative activities of the board and shall attend all meetings of the board. The commissioner shall also make, publish, and furnish to the General Assembly and to the Governor annual reports regarding the work of the board, along with such special reports as he or she may consider helpful in the administration of the penal system or as may be directed by the board. The commissioner shall perform such other duties and functions as are necessary or desirable to carry out the intent of this chapter and which he or she may be directed to perform by the board. (b) The commissioner or the commissioner's designee shall be authorized to make and execute contracts and all other instruments necessary or convenient for the acquisition of professional and personal employment services and for the leasing of real property. Subject to legislative appropriations, the commissioner shall also be authorized to make and execute any contract for the land acquisition, design, construction, operation, maintenance, use, lease, or management of a state correctional institution or for any services pertaining to the custody, care, and control of inmates or other functions as are related to the discharge of these responsibilities and to designate any person or organization with whom the commissioner contracts as a law enforcement unit under paragraph (7) of Code Section 35-8-2. (c) The commissioner shall be authorized to issue a warrant for the arrest of an offender who has escaped from the custody of the department upon probable cause to believe the offender has violated Code Section 16-10-52, relating to escape from lawful confinement."
SECTION 2. Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, is amended by adding a new Code section as follows:
"42-5-65. (a) For purposes of this Code section, the term 'inmate' means any person confined in a penal institution or confined in another facility under the jurisdiction of or subject to the authority of the board or while under the custody of officials, officers, or employees under the authority of the board. (b) An inmate who is serving a sentence for a violation of Chapter 5 of Title 16 relating to crimes against the person shall be prohibited from possessing or carrying about his or her person or maintaining in any prison cell or similar area under his or her control any photograph, picture, or similar depiction of any victim of the offense for which he or she is serving where such photograph, picture, or depiction was a part of the criminal investigation, prosecution, or evidence leading to the inmate's conviction.

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(c) An inmate who is serving a sentence for a violation of Chapter 6 of Title 16 relating to sexual offenses shall be prohibited from possessing or carrying about his or her person or maintaining in any prison cell or similar area under his or her control any photograph, picture, or similar depiction of any victim of the offense for which he or she is serving. (d) A person acting in violation of this Code section shall be guilty of a misdemeanor. (e) This Code section shall not apply where the photograph or picture is needed for use in any civil or criminal proceeding provided that the inmate receives permission by a court having jurisdiction over the proceeding and only for so long as and in such manner as directed by court order. (f) Nothing in this Code section shall limit further restrictions or limitations on the possession of contraband or victim photographs by persons confined or under the custody of the board as deemed appropriate by the board."
SECTION 3. Article 6 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to voluntary inmate labor programs, is amended by revising subsection (a) of Code Section 42-5-120, relating to rules and regulations of the Board of Corrections, as follows:
"(a) The board is authorized to issue and promulgate rules and regulations for programs of voluntary labor by inmates for privately owned profit-making employers to produce goods, services, or goods and services for sale to public and private purchasers. Such rules and regulations shall be designed to meet the published requirements of the Prison Industry Enhancement Certification Program authorized by 18 U.S.C. Section 1761 and federal regulations and to provide other appropriate conditions and limitations. Such rules and regulations may provide for administration and management of such work programs by the department and the Georgia Correctional Industries Administration."
SECTION 4. Said article is further amended by revising Code Section 42-5-123, relating to compensation by employers for administrative and other costs to the state, as follows:
"42-5-123. (a) The board shall ensure by rules or by contractual provisions that the privately owned profit-making employers compensate the department and the Georgia Correctional Industries Administration for any administrative costs or other costs incurred by the department or the administration for the operation of the program or programs. The board shall ensure by rules or by contractual provisions that the department and the administration are compensated for use of any employees of the department or the administration, use of any space owned by or under the control of the department or the administration, or use of any other resources of the department or the administration in the operation of the program or programs. (b) Employers that participate in inmate work programs under this article shall be prohibited from providing any thing of value to the Board of Corrections, the

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Department of Corrections, the Georgia Correctional Industries Administration, or any officer or employee thereof other than the payments authorized by this Code section. The Board of Corrections, the Department of Corrections, the Georgia Correctional Industries Administration, and any officer or employee thereof shall be prohibited from accepting any thing of value, other than the payments authorized by this Code section, from employers that participate in inmate work programs under this article. As used in this Code section, the term 'thing of value' shall have the same meaning as that term is defined in Code Section 16-10-2."
SECTION 5. Said article is further amended by revising Code Section 42-5-124, relating to publicizing and inviting participation in voluntary inmate labor programs, as follows:
"42-5-124. Following the issuance and promulgation of rules and regulations, the department is and the Georgia Correctional Industries Administration are authorized to publicize the program and invite employers to participate. The department shall rely upon the Georgia Department of Labor for determining whether inmates would be displacing other workers, whether labor shortages exist, and the prevailing local wage for work to be done by inmates. The Georgia Department of Labor is authorized to provide such determinations to the department."
SECTION 6. Code Section 42-10-4 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Correctional Industries Administration, is amended by replacing "; and" with ";" at the end of paragraph (11), by replacing "." with "; and" at the end of paragraph (12), and by adding a new paragraph as follows:
"(13) As provided for in Article 6 of Chapter 5 of Title 42 and as directed by the rules and regulations promulgated by the board, to administer and manage volunteer inmate work programs and to publicize and invite employers to participate in such programs."
SECTION 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
Representative Barnard of the 166th moved that the House agree to the Senate substitute to HB 313.
On the motion, the roll call was ordered and the vote was as follows:

FRIDAY, APRIL 20, 2007

3941

Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce
Bryant Y Buckner
Burkhalter Burns Y Butler Byrd Y Carter, A Y Carter, B Y Casas Chambers Y Channell Y Cheokas Y Coan Cole Coleman Y Collins Y Cooper Y Cox Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart
England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd
Forster Y Franklin Y Frazier Y Freeman
Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James
Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T E Jones, J Y Jones, S
Jordan Y Kaiser
Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Lunsford Y Maddox Y Mangham E Manning Y Marin

E Martin Y Maxwell
May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan
Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston
Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor
Scott, A

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon
Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B E Tumlin Y Walker Y Watson Y Wilkinson Willard Y Williams, A Williams, E Y Williams, M Y Williams, R Y Wix Yates Richardson, Speaker

On the motion, the ayes were 141, nays 0.

The motion prevailed.

HB 510. By Representatives Channell of the 116th and Parrish of the 156th:

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 change certain provisions relating to prohibitions against operation of certain vessels on Lake Oconee; to provide an effective date; to repeal conflicting laws; and for other purposes.

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The following Senate substitute was read:
A BILL
To amend 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 change certain provisions relating to prohibitions against operation of certain vessels on Lake Oconee; 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 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, is amended by revising subsection (g) as follows:
"(g) The operation of any of the following vessels on Lake Oconee shall be prohibited: (1) Any motorized vessel greater than 30 feet six inches in length; except for provided, however, that this paragraph shall not apply to: (A) Law law enforcement, scientific research, or dam operation and maintenance craft or a; or (B) A vessel not greater than 40 feet in length used for conducting group tours on behalf of the owner or operator of a REAP certified by the Department of Community Affairs under Code Section 50-8-192 if the same vessel was lawfully operated on the lake by such REAP owner or operator under former provisions of this paragraph as such existed immediately prior to the effective date of this subparagraph; in addition, such vessel may be replaced by the same REAP owner or operator but only by one vessel at a time and only if each such predecessor vessel has been retired from lawfully operating on the lake and the replacement vessel does not exceed 40 feet in length; 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 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 Channell of the 116th moved that the House agree to the Senate substitute to HB 510.

FRIDAY, APRIL 20, 2007

3943

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce
Bryant Y Buckner
Burkhalter Burns Butler Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Cole Coleman Y Collins Y Cooper Y Cox Crawford, M Y Crawford, R Y Davis, H Y Davis, S Day

Y Dempsey Dickson
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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree Y Henson
Hill, C Y Hill, C.A
Holmes

Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson
Jacobs James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T E Jones, J Y Jones, S Jordan Y Kaiser Keen Y Keown Y Knight Y Knox Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk Lucas Y Lunsford Y Maddox Y Mangham E Manning Marin

E Martin Y Maxwell
May McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Neal Y Nix Y Oliver O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Scott, A

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon
Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield
Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner Y Starr Y Stephens
Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B E Tumlin Y Walker Y Watson Y Wilkinson
Willard Y Williams, A
Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the motion, the ayes were 137, nays 0.

The motion prevailed.

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:

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SB 115. By Senators Shafer of the 48th, Johnson of the 1st, Williams of the 19th, Rogers of the 21st, Pearson of the 51st and others:
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 the licensure provisions for residential and general contractors; to revise certain definitions; to provide that the State Licensing Board for Residential and General Contractors may provide interpretation and guidance on the policies and procedures of the board; to provide for inactive licenses; to provide for categories of licenses; to allow the board to contract for the development and administration of examinations; to revise the manner of renewing licenses; to provide for penalties for intentionally attempting to evade licensing requirements; to provide for exceptions to licensing requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 147. By Senators Shafer of the 48th, Balfour of the 9th, Thompson of the 5th and Weber of the 40th:
A BILL to be entitled an Act to create the Gwinnett County Storm-water Authority; to authorize the storm-water authority to acquire, construct, add to, extend, improve, operate, and maintain storm-water management systems and facilities, and any and all other related facilities; to confer powers and to impose duties on the storm-water authority; to provide for the members of the storm-water authority and their term of tenure and compensation; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds or obligations be validated as authorized by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law;" to provide for liberal construction; to provide for severability; to repeal conflicting laws; and for other purposes.
SB 237. By Senator Johnson of the 1st:
A BILL to be entitled an Act to amend Code Section 43-4-11 of the Official Code of Georgia Annotated, relating to the qualifications of applicants for examination or certificate of registration to practice architecture, so as to establish certain minimum training requirements to qualify for certification by the Georgia State Board of Architects and Interior Designers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 225. By Senators Stoner of the 6th, Thompson of the 5th, Jones of the 10th, Hill of the 32nd and Rogers of the 21st:

FRIDAY, APRIL 20, 2007

3945

A BILL to be entitled an Act to amend Chapter 44 of Title 36 of the Official Code of Georgia Annotated, relating to redevelopment powers, so as require training with respect to redevelopment powers, programs, and tax allocation districts; to create the Redevelopment Powers Training Board; to provide for members, powers, duties, and authority; to provide for funding; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 31. By Senator Thomas of the 2nd:
A BILL to be entitled an Act to amend an Act incorporating the City of Port Wentworth, approved February 6, 1957 (Ga. L. 1957, p. 2003), as amended, so as to reconstitute the governing authority of the city; to provide for council districts; to provide for definitions and inclusions; to provide for continuation in office of the mayor and current council members; to change the provisions relating to the regular expiration of terms of office of certain council 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.
SB 34. By Senators Williams of the 19th, Rogers of the 21st, Shafer of the 48th, Goggans of the 7th, Unterman of the 45th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, so as to prohibit the possession of photographs of victims by certain persons confined in penal institutions; to provide for exceptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 156. By Senators Balfour of the 9th, Cowsert of the 46th, Hawkins of the 49th and Stoner of the 6th:
A BILL to be entitled an Act to amend Article 2 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to minimum funding standards for public retirement systems, so as to provide that counties, municipal corporations, and other political subdivisions may provide postemployment benefits other than retirement or pension benefits; to define certain terms; to provide that such plans may be prefunded to comply with certain financial reporting, disclosure, and actuarial requirements; to provide that such funds shall be held in trust for the intended purpose; to provide that such funds are declared to be public property exempt from state and local

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taxation; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 158. By Senators Balfour of the 9th, Weber of the 40th, Butler of the 55th, Shafer of the 48th, Henson of the 41st and others:
A BILL to be entitled an Act to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, approved February 12, 1960 (Ga. L. 1960, p. 110), as amended, particularly by an Act approved May 10, 2005 (Ga. L. 2005, p. 4142), so as to change provisions relating to the salary supplements for the judges of the Gwinnett Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 186. By Senator Goggans of the 7th:
A BILL to be entitled an Act to create the City of Homerville 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 Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 655. By Representatives Smith of the 113th, Holt of the 112th and Amerson of the 9th:
A BILL to be entitled an Act to amend Chapter 1 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions relative to handicapped persons, so as to change certain provisions relating to a definition of hearing impaired person; and the Georgia Service Center for Hearing Impaired Persons; to create the Georgia Commission on Hearing Impaired and Deaf Persons and provide for its members, powers, and duties; to repeal conflicting laws; and for other purposes.

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The Senate recedes from its substitute to the following bill of the House:
HB 105. By Representatives Maddox of the 172nd, McCall of the 30th, Roberts of the 154th and England of the 108th:
A BILL to be entitled an Act to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to revise certain provisions relative to poultry; to change certain provisions relating to rendering plant license requirement, expiration, and fees; to change certain provisions relating to poultry dealer, broker, and market operator license requirement and record requirements, transportation equipment, and disposal of poultry; to change certain provisions relating to hatchery operator and poultry remedy manufacturer licenses; to change certain provisions relating to use of sulfaguanidine and sulfathiazole for poultry; 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 362. By Representatives Bryant of the 160th, Gordon of the 162nd, Jackson of the 161st, Day of the 163rd, Stephens of the 164th and others:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Garden City, approved April 17, 1973 (Ga. L. 1973, p. 3581), as amended, so as to provide for the election by the mayor and the city council of a president of council who shall assume the duties of the mayor in the event that the mayor and the mayor pro tem are unavailable; to provide that the mayor pro tem and the president pro tem be elected by secret ballot; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 698. By Representative Lewis of the 15th:
A BILL to be entitled an Act to authorize the City of Cartersville 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 Senate has passed as amended, by the requisite constitutional majority, the following bills of the House:

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HB 712. By Representatives Mangham of the 94th, Williams of the 89th, Watson of the 91st, Mosby of the 90th, Benfield of the 85th and others:

A BILL to be entitled an Act to provide for a nonbinding, advisory referendum for residents of the DeKalb County School System regarding whether school uniforms should be required by the DeKalb County Board of Education for students in kindergarten through ninth grades and subsequently phased in through grade 12; to provide for legislative purposes and findings; to provide for procedures and requirements relating thereto; to provide for a referendum; to provide for submission for preclearance; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 725. By Representatives Fludd of the 66th, Bruce of the 64th, Holmes of the 61st, Stanley-Turner of the 53rd, Lindsey of the 54th and others:

A BILL to be entitled an Act to amend an Act providing for the incorporation of the City of South Fulton in Fulton County, approved April 28, 2006 (Ga. L. 2006, p. 3856), so as to change provisions relating to the description of the territory to be included in the city; to correct a language error in the description; to change provisions relative to exclusion of territory within other municipal corporations; 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 Senate substitute to the following bill of the House:

HB 413. By Representatives Martin of the 47th, Geisinger of the 48th, Willard of the 49th and Jones of the 46th:

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 agreed to the House substitute to the following bills of the Senate:

SB 5.

By Senators Seabaugh of the 28th, Rogers of the 21st, Whitehead, Sr. of the 24th and Shafer of the 48th:

A BILL to be entitled an Act to state findings of the General Assembly regarding the Real ID Act; to amend Article 1 of Chapter 5 of Title 40 of the O.C.G.A., relating to general provisions regarding drivers' licenses, so as to

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permit the Governor of Georgia to delay implementing the requirements of the Real ID Act until the Department of Homeland Security has issued regulations that the Governor finds will adequately protect the interests of the citizens of Georgia; to amend Article 2 of Chapter 5 of Title 40 of the O.C.G.A., relating to issuance, expiration, and renewal of drivers' licenses, so as to require the presentation of secure and verifiable documents for purposes of obtaining a driver's license; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 72. By Senators Williams of the 19th, Weber of the 40th, Rogers of the 21st, Tolleson of the 20th, Staton of the 18th and others:
A BILL to be entitled an Act to amend Code Section 20-2-290 of the Official Code of Georgia Annotated, relating to organization of schools under the "Quality Basic Education Act," so as to provide for legislative findings; to authorize the employment of school administrative managers to conduct the financial and business affairs of a school; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 146. By Senators Seabaugh of the 28th, Shafer of the 48th, Stoner of the 6th, Pearson of the 51st, Williams of the 19th and others:
A BILL to be entitled an Act to amend Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to public works bidding, so as to provide definitions; to provide for the advertisement of contract opportunities; to provide for the specifications of such notices and advertisements; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Bills and Resolutions of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto:
HB 725. By Representatives Fludd of the 66th, Bruce of the 64th, Holmes of the 61st, Stanley-Turner of the 53rd, Lindsey of the 54th and others:
A BILL to be entitled an Act to amend an Act providing for the incorporation of the City of South Fulton in Fulton County, approved April 28, 2006 (Ga. L. 2006, p. 3856), so as to change provisions relating to the description of the territory to be included in the city; to correct a language error in the description; to change provisions relative to exclusion of territory within other municipal corporations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Senate amendment was read:

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The Senate moves to amend House Bill 725 by renumbering Sections 3 and 4 as Sections 4 and 5 respectively and inserting a new Section 3 to read as follows:
SECTION 3. Said Act is further amended by striking the date "October 30, 2006," in the second sentence of subsection (b) of Section 6.02 and inserting in its place the date "October 30, 2007,".
Representative Fludd of the 66th moved that the House disagree to the Senate amendment to HB 725.
The motion prevailed.
HR 171. 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.
The following Senate substitute was read:
A RESOLUTION
Dedicating certain portions of the state highway system; and for other purposes.
PART I WHEREAS, Cason and Virginia Callaway founded Callaway Gardens in 1952 to conserve the native flora and fauna of their beloved Pine Mountain region of Georgia; and
WHEREAS, almost 55 years later, millions of visitors have learned important concepts and practical measures to preserve the land, water, plants, and animals that surround us; and
WHEREAS, the Cason Callaway Memorial Forest on SR 116 West has recently been designated a federally protected forest legacy and the Callaways' log home on SR 116 West is on the Georgia Registry of Historic Homes; and
WHEREAS, President Franklin Roosevelt was a guest of the Callaways in their home and at Blue Springs, a natural cold spring that the Callaway family has kept in its natural state for almost 100 years; and

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WHEREAS, to honor the Callaways' many contributions to keeping Georgia's Pine Mountain ecosystem preserved and open for all Georgians to enjoy, it is only fitting that a highway should be named in their honor.
PART II WHEREAS, the veterans of service in the United States military have given of their time, energy, and sometimes their lives, to secure the blessings of freedom for all the citizens of this great country; and
WHEREAS, the sacrifices these great men and women have made to protect our nation should never be taken for granted or allowed to fade into distant memory; and
WHEREAS, it is only fitting that a lasting tribute to memorialize the unselfish patriotism of these special men and women should be created to perpetuate the memory of their great sacrifices to protect our freedom.
PART III WHEREAS, Mr. C.C. Perkins, a native of Carroll County, was born on November 13, 1925, to Walter R. Perkins, Sr., and Bonnie Morris Perkins; and
WHEREAS, he was a Staff Sergeant in the United States Marine Corps and served his country during World War II in the Pacific Theater; and
WHEREAS, Mr. Perkins also served his state as a legislator at the age of 25; and
WHEREAS, Mr. Perkins was a lawyer who founded the Perkins Law Firm in 1952, and he built his practice by representing injured workers even though he could have made more money representing wealthier clients; and
WHEREAS, he was a member of the VFW and the American Legion and at one time was the manager of the Veteran's Service Center; and
WHEREAS, he was a member of the Northside Independent Methodist Church and a past member of the Carrollton Optimist Club; and
WHEREAS, although he was known as a fighter, he had a softer side that cried when the cat was run over and he could not bring himself to spank a child; and
WHEREAS, he lived a life that sets an example for all who follow in his footsteps.
PART IV WHEREAS, Clint H. Bryant was born January 13, 1910, in a farmhouse on the road which was later to be known as Georgia Highway 2, and he lived in this house until his

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death on August 20, 2004, at the age of 94; and
WHEREAS, he was the son of Onie Evans and George Washington Bryant, who were among the pioneering families who settled northern Murray County in the middle to latter part of the 1800's, and the grandson of Joseph John Bryant, who once owned a large tract of land within the area, including several farms along the Conasauga River; and
WHEREAS, as a boy, Mr. Bryant became familiar with the Conasauga River and its crossing places, fishing and swimming in its waters and riding in the wagon across Wheat's Ford on his way to church; and
WHEREAS, as he grew, he learned to appreciate his family's legacy and connection with the surrounding fertile land and became a successful farmer, raising hogs and cattle and harvesting soy beans, corn, and cotton on his river bottom farm, which received the Georgia Centennial Farm award in 1993; and
WHEREAS, in the mid-1950's, Mr. Bryant donated nearly eight acres of his beloved farm as right of way for the building of Georgia Highway 2, and he allowed men from the road crew to stay in a house on his property and would regularly transport them to the store in Beaverdale for lunch; and
WHEREAS, he was sitting on the porch of the old Beaverdale store the day that the old bridge collapsed from the weight of road machinery, and he helped to transport an injured man to safety and volunteered to help retrieve machinery and parts from the river bed as part of a "rescue crew"; and
WHEREAS, in his later years, Mr. Bryant built a dock on the Conasauga River which became the very popular neighborhood swimming hole, now known as "Bryant's Bluff," and is used by the community, its churches, local Boy Scout troops, and 4-H groups for picnics, baptisms, family reunions, recreation, and community service projects; and
WHEREAS, throughout his life, Mr. Bryant was a good neighbor and friend who was the first to volunteer a helping hand to those in need and who provided generations of young farmers with careful and knowledgeable advice; and
WHEREAS, through his kindness and generosity, Mr. Bryant improved the quality of life for the citizens of his community and has left a lasting mark on the history of Murray County.
PART V WHEREAS, Mr. Walter E. Elder III was born on November 26, 1938, in Barrow County, Georgia, the son of the late Ernest and Sadie Hill Elder; and

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WHEREAS, he was a devoted son, husband, father, grandfather, and uncle, a church elder at Chapel Christian Church, and a member of the Georgia Army National Guard; and
WHEREAS, he served as chairman of the Barrow County Board of Commissioners from January, 1997, to the time of his death on February 6, 2004; and
WHEREAS, he was a dedicated citizen and leader of Barrow County, and he served the citizens well.
PART VI WHEREAS, Mr. Tom Scott has long been recognized by the citizens of DeKalb County for the vital role he has played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and
WHEREAS, he faithfully represented the citizens of District 43 with utmost dedication and ability as a member of the Senate for eight years during which time he authored SB 372, the Act which made the birthday of Dr. Martin Luther King, Jr., a state holiday; and
WHEREAS, he has diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced by his 14 years of superlative service as tax commissioner of DeKalb County; and
WHEREAS, in his capacity as tax commissioner, he was the epitome of forward thinking and modernization as he reshaped DeKalb's tax office into the most computerized and technologically advanced tax collection agency in this state; and
WHEREAS, his creative leadership and his thoughtful sensitivity on complex social and political matters, and especially his ability to work behind the scenes to build coalitions and consensus, functioning as the glue holding DeKalb County together in the face of divisive forces, received the approval and applause of his peers who held him in such high regard; and
WHEREAS, his significant organizational and leadership talents, his remarkable patience and diplomacy, his keen sense of vision, and his sensitivity to the needs of the citizens of his community have earned him the respect and admiration of his colleagues and associates; and
WHEREAS, he was a loving husband to his beloved wife, Jacquie, for 37 years, the devoted father of John-Thomas, Christopher, and Susannah, and grandfather of Parker; and

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WHEREAS, he was a person of magnanimous strengths with a reputation for integrity, intelligence, fairness, and kindness, and it is only fitting and proper that an interchange should be named in his honor.
PART VII WHEREAS, Mr. Edgar Stamey was well known and well respected in the Batesville community; and
WHEREAS, after spending his whole life in the Batesville area, he passed away in the fall of 2003; and
WHEREAS, he spent much of his time working as the caretaker of the Baptist church cemetery, and he also owned and operated the Batesville General Store; and
WHEREAS, Mr. Stamey and his wife helped to establish the Batesville Fire Department, and at the age of 70, he was the oldest person in the State of Georgia to earn firefighter certification; and
WHEREAS, he was the chaplain of the Batesville Fire Department from 1985 until his retirement in 1992; and
WHEREAS, this outstanding citizen lived a life of service to his church and his community and showed the way for others to give back to the communities in which they lived.
PART VIII WHEREAS, news of the passing of Dr. Charles Emory Bohler, late of Bulloch County, is received with deep regret by this body; and
WHEREAS, the life led by this distinguished gentleman of 81 years rendered his name dear to the hearts of his family and many friends alike; and
WHEREAS, Dr. Bohler attended Register Elementary School and graduated from Register High School as valedictorian. He attended North Georgia College in Dahlonega, Birmingham Southern, and the University of Georgia and was a graduate of Georgia Southern College in 1950 and the Medical College of Georgia in 1954. Dr. Bohler began his family medical practice on July 1, 1955 in Brooklet; and
WHEREAS, he was a veteran of the United States Army Air Corps 20th Bomber Group, serving during WW II in the Pacific Theatre. He received a Purple Heart and Air Medal as a gunner on the B29 Bomber. Dr. Bohler was a member of the Brooklet United Methodist Church, a past chairman of the Administrative Board of the church and a member of the Jack Lee Sunday School Class. He was a past president of the Brooklet

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Kiwanis Club and a member of the American Legion Post 90 and the Bulloch County Chamber of Commerce. He served as team physician for Southeast Bulloch High School and was elected to the SEB Athletic Hall of Fame. He was a member of the Sigma Chi Fraternity, Theta Kappa Psi Fraternity, Forest Heights Country Club, the Chatham Club, Amelia Island Plantation Club, 1906 Society, and the Georgia Southern University Athletic Boosters Club and was on the Georgia Southern Foundation Board of Directors; and
WHEREAS, Dr. Bohler was the recipient of the Deen Day Smith Service to Mankind Award in 1991 and the Deen Day Smith Lifetime Achievement Award in 1993. He had been on the medical staff of Bulloch Memorial Hospital since 1955 and was the first physician on the Bulloch Memorial Hospital Authority, a past president of the Ogeechee River Medical Society, past president of the Medical Association of Georgia, chairman of the Georgia Delegation to the American Medical Association, and a member of the Southern Medical Association as well as many other organizations. In 1979 Dr. Bohler was honored with a "Doctors Day" by the City of Brooklet for 25 years of community service. He was recognized as "Citizen of the Year" in 1997 by the Statesboro Rotary Club. He was respected and loved by all who knew him; and
WHEREAS, while in life he commanded the esteem of his fellow citizens, in his death we mingle our sympathies with the grief of his family and friends, and it is fitting and proper that he be honored by this state in the community in which he lived.
PART IX WHEREAS, news of the passing of Coach Erskine "Erk" Russell, late of Statesboro and Georgia Southern University, is received with deep regret by this body; and
WHEREAS, the life led by this distinguished gentleman of 80 years rendered his name dear to the hearts of his family, his many friends, and fans alike; and
WHEREAS, Coach Russell received a bachelor's and master's degree from Auburn University where he played football, basketball, baseball, and tennis, earning ten varsity letters, and he remains Auburn's last four-sport letterman; and
WHEREAS, in 17 years as defensive coordinator for the University of Georgia, Coach Russell's tough "Junkyard Dogs" defenses were instrumental in the Bulldogs winning four SEC titles and one National Championship, and he became synonymous with Bulldog football; and
WHEREAS, Coach Russell left the University of Georgia in 1981 to resurrect the Georgia Southern University football program, where he served as head coach of the Eagles from 1981 through 1989; and

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WHEREAS, Coach Russell's remarkable record of 83-22-1 and three Division 1-AA National Championships at Georgia Southern University established him as one of America's winningest coaches, averaging 10.4 wins per season; and
WHEREAS, Coach Russell was honored twice as the Kodak-American Football Coaches Association 1-AA "National Coach of the Year," twice as the Kodak-American Football Coaches Association 1-AA "Regional Coach of the Year," five times as "Coach of the Year" by the Georgia Sports Hall of Fame, once as the USA Today Georgia "Coach of the Year," and again by USA Today as Georgia "Coach of the Decade," as well as receiving many other awards, and he was inducted into the Georgia Sports Hall of Fame in 1987; and
WHEREAS, much of the growth and development of Georgia Southern University and the Bulloch County region have been greatly attributed to the successes of Coach Russell, and on January 25, 2007, the Statesboro-Bulloch County Chamber of Commerce posthumously named Erk Russell the "Businessman of the Century"; and
WHEREAS, he is survived by his wife, Jean Farmer Russell of Statesboro; two sons and daughters-in-law, Rusty and Pam Russell of Statesboro and Jay and Ida Russell of LaGrange; and ten grandchildren, Brian Faros of Kansas City, Jill Fawcett and Angie Faros of Frisco, Texas, Audrey and Charlee Russell of Statesboro, Mandy Russell of LaGrange, Davis Russell of Valdosta, Murphy Russell of Woodstock, and Henry Hughes and Fred Hughes of LaGrange; and
WHEREAS, the way Coach Russell lived his life, reflected in his motto "Just Do Right," served to influence the morals and ethics of all who knew him, most especially those who played for him.
PART X WHEREAS, the spirit of teamwork and regionalism creates a synergy of economic development through tourism; and
WHEREAS, the communities in the GA 400 corridor are committed to building their economy through the creation of a regional coalition; and
WHEREAS, common goals of friendship, environmental improvement, quality of life, and sustainable economic development are the priorities of the communities within the GA 400 corridor; and
WHEREAS, these goals can be more easily obtained by working together as partners to achieve these lofty ideals; and

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WHEREAS, tourism is one of the largest economic contributors to the tax base of the counties, cities, and communities in the GA 400 corridor.
PART XI WHEREAS, Dick Chambers was born January 13, 1924, in Colquitt County to Nellie Alderman Chambers Wilson and John Jovus Chambers; and
WHEREAS, he was a retired quality control manager for Bridgeport Brass Company and he served as the Mayor of Funston for 49 years; and
WHEREAS, Mayor Chambers was a WWII veteran and was an ammunition bearer for a machine gun squadron that fought in Europe from December 1944 through July 1945 as part of Company G, 38th Infantry; he received the Bronze Star, the Good Conduct Medal, and many other awards for his distinguished service; and
WHEREAS, he was a life-long member of the Funston First United Methodist Church where he served as trustee, steward, and chairman of the board, and he also served on the board of the Southwest Georgia Rural Development Board in Camilla, Georgia; and
WHEREAS, Mayor Chambers was most proud of the creation of the volunteer fire department, the installation of the water system in Funston, and the construction of a new city hall; and
WHEREAS, he was married to Bettie Fisher Chambers and they had two children, seven grandchildren, and four great-grandchildren; and
WHEREAS, he was a kind and gentle soul who loved to travel and spend time with his friends and family.
PART XII WHEREAS, Sgt. David Samuel Collins was stationed out of Fort Campbell, Kentucky, serving in Iraq and was a member of the United States Army's 101st Airborne Division, 1st Battalion, 506th Infantry Regiment, and 4th Brigade Combat Team; and
WHEREAS, he lost his life in Iraq on April 9, 2006, while bravely serving his country; and
WHEREAS, Sgt. Collins was 24 years old at the time of his death; and
WHEREAS, he grew up just beyond the intersection of SR 515 and Philadelphia Road in Pickens County; and

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WHEREAS, Sgt. Collins is survived by his wife, Mara, two young children, James and Elizabeth, and his parents, Sammy Collins and Lynn Dean; and
WHEREAS, this courageous soldier, an American patriot, volunteered to confront the dangers, privations, and discomforts of wartime service and, in the name of humanity, strove 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, securing the blessings of liberty for this nation and other peoples of the world.
PART XIII WHEREAS, Ed Echols was born in Forsyth County, Georgia, on December 28, 1913; and
WHEREAS, he was an entrepreneur who owned the Bishop Brothers Auto Auction and founded Echols Brothers House Movers; and
WHEREAS, he served three terms as a county commissioner for Clayton County, Georgia, and was a board member of the Clayton County Water Authority; and
WHEREAS, Mr. Echols was a farmer and rancher in Henry County commencing in 1943 and was the owner of the Echols Dairy Farm from 1951 to 1973; and
WHEREAS, he was a member of the Board of Trustees for the Salem Baptist Church; and
WHEREAS, he was the father of five children, all of whom live in Henry County; grandfather of 13 children, 12 of whom live in Henry County; and great-grandfather of 32 children; and
WHEREAS, this outstanding citizen lived a life of service to his church and his community and helped his communities adapt and prosper in times of fast moving changes.
PART XIV WHEREAS, Kelley L. Courtney was born and raised on Barfield Road in Bibb County, Georgia, and never left home until he and his brother Donnie joined the United States Marine Corps in 1998; and
WHEREAS, Kelley L. Courtney rose to the rank of sergeant and was an intelligence officer who was assigned from the 3rd Intelligence Battalion of the III Marine

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Expeditionary Force to augment the 31st Marine Expeditionary Unit in Iraq and served as a counterintelligence and human intelligence specialist; and
WHEREAS, on October 30, 2004, Sgt. Courtney was killed in action in Fallujah, Iraq; and
WHEREAS, Sgt. Courtney has been recognized by the Marines for the vital role he played in leadership and his deep personal commitment to the protection and welfare of the citizens of this nation by dedicating a building in his honor at Camp Hansen, Okinawa; and
WHEREAS, Sgt. Courtney diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community, state, and nation; and
WHEREAS, his significant organizational and leadership talents, his remarkable patience and diplomacy, his keen sense of vision, and his sensitivity to the needs of the citizens of his nation earned him the respect and admiration of his colleagues and associates; and
WHEREAS, he was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness, and it is only fitting and proper that an interchange should be named in his honor.
PART XV WHEREAS, Billy Lancaster lived his life with a passion for the land and for forestry; and
WHEREAS, he also had an equal passion for working with the youth of Georgia; and
WHEREAS, he was a strong believer in the stewardship ethic expected of landowners and foresters; and
WHEREAS, he was a strong supporter of the Georgia Forestry Association and its important role in protecting the right of landowners and foresters to practice good forestry management; and
WHEREAS, the Society of American Foresters' Youth Camp founded in 1989 by Billy Lancaster was renamed the Billy Lancaster Forestry Youth Camp in 2003; and
WHEREAS, Billy Lancaster's passion for life was contagious, and those who knew him and had the privilege to be around him were blessed; and
WHEREAS, it is only fitting that his memory be perpetuated for generations to come.

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PART XVI WHEREAS, Nathan and James Simmons were Georgians and brothers who proudly and courageously served their country when called upon; and
WHEREAS, Nathan B. Simmons was born on June 10, 1929, in Appling County, Georgia; and
WHEREAS, he enlisted in the United States Army, and rose to the rank of Sergeant First Class; and
WHEREAS, he was awarded numerous honors and medals, including the Army Commendation medal, Bronze Star medal for meritorious service in connection with military operations against a hostile force, Vietnam Service medal, National Defense Service medal, and the Soldier's Medal for pulling a panic-stricken soldier from a raging stream; and
WHEREAS, he was killed in action in Vietnam on May 12, 1969; and
WHEREAS, James Q. Simmons was born on July 22, 1930, in Nicholls, Georgia; and
WHEREAS, he enlisted in the United States Army and rose to the rank of Staff Sergeant while serving his country in Japan, Korea, and Vietnam; and
WHEREAS, he was awarded numerous honors and medals, including the Bronze Star, Purple Heart, Army of Occupation Medal, Korean Service Medal, Vietnam Service Medal, Sharpshooter Badge with Rifle Bar, and the Parachutist Badge Master; and
WHEREAS, these courageous soldiers, in the spirit of the American patriot, confronted the dangers, privations, and discomforts of wartime service with 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 XVII WHEREAS, the late Charles Cowart was born in Arlington, Georgia, in 1909, and lived there all of his life; and
WHEREAS, he served the public as county commissioner in Calhoun County for 37 years, including 32 years as chairman. During those years, he made numerous trips to Atlanta to work first-hand with legislators and state department heads to find ways to improve Calhoun County; and

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WHEREAS, he was always active in his church, Arlington United Methodist, holding various positions, most notably as chairman of the Board of Trustees for many years; and he belonged to several civic organizations; and
WHEREAS, he and Mary Martin were married in 1934; and
WHEREAS, the late Mary Martin Cowart was born in Blakely, Georgia, in 1908; her family moved to Arlington shortly thereafter, and she lived the rest of her life in Arlington; and
WHEREAS, she was very much involved in the work that brought the hospital to Arlington in the mid-1950s, and she then became a charter member of the Hospital Board, where she served as chairwoman for many years; during this same period of time, she worked tirelessly with many others to help Arlington become a Better Hometown community; and
WHEREAS, she always had a deep concern for the underprivileged, and she showed this concern during the many years that she worked for DFACS in Calhoun and Early counties and then later as manager of the Arlington Housing Authority; and
WHEREAS, she was a lifelong member of the Arlington United Methodist Church where she taught adult Sunday School classes for many years, and served in several other positions on the administrative board of the church.
PART XVIII NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of SR 116 West between SR 219 and Hamilton, in Harris County, is dedicated as the Cason and Virginia Callaway Conservation Highway, to be known as the Callaway Conservation Highway.
BE IT FURTHER RESOLVED that the members of this body dedicate the portion of SR 16 from its intersection with Bankhead Highway north to the Haralson County line, in Carroll County, as the Veterans Memorial Highway.
BE IT FURTHER RESOLVED that the portion of SR 16 from the city limits of Mt. Zion to Mr. C.C. Perkins's house at 2994 Mt. Zion Road, between Bowdon and Carrollton, be dedicated as the C.C. Perkins Memorial Highway.
BE IT FURTHER RESOLVED that the bridge by which SR 2 crosses over the Conasauga River at Beaverdale is hereby dedicated as the Clint H. Bryant Memorial Bridge.

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BE IT FURTHER RESOLVED that the interchange of Georgia Highway 8 and Midland Avenue in Barrow County is hereby dedicated as the Walter E. "Eddie" Elder Interchange in honor of the memory of this distinguished Georgian.
BE IT FURTHER RESOLVED that the interchange located at the intersection of Memorial Drive and I-285 in DeKalb County is dedicated as the Tom Scott Interchange.
BE IT FURTHER RESOLVED that the intersection of SR 255 and SR 197 in Habersham County is dedicated as the Edgar Stamey Memorial Interchange.
BE IT FURTHER RESOLVED that this state expresses regret at the passing of Dr. Charles Emory Bohler and honors his memory by designating State Route 26 (U.S. 80) from the eastern city limits of Brooklet to the eastern city limits of Statesboro as the Dr. Charles Emory Bohler Highway.
BE IT FURTHER RESOLVED that this state expresses regret at the passing of Coach Erskine "Erk" Russell and honors his memory by designating State Route 26 (U.S. 80) from its intersection with U.S. 25 in the community of Hopeulikit to the eastern city limits of Statesboro as the Erk Russell Highway.
BE IT FURTHER RESOLVED that the GA 400 corridor be dedicated as the Hospitality Highway.
BE IT FURTHER RESOLVED that the portion of SR 37 within the city limits of Funston, Georgia, in Colquitt County, be dedicated as the Edward Sidney "Dick" Chambers Memorial Highway.
BE IT FURTHER RESOLVED that the intersection of SR 515 and Philadelphia Road in Pickens County be dedicated as the SGT David Samuel Collins Memorial Interchange.
BE IT FURTHER RESOLVED that the portion of SR 20 from the North McDonough city limit to East Lake Road, in Henry County, be dedicated as the Ed Echols Memorial Highway.
BE IT FURTHER RESOLVED that the intersection of Hartley Bridge Road and I-75 in Bibb County is dedicated as the Sgt. Kelley L. Courtney Interchange.
BE IT FURTHER RESOLVED that the portion of SR 42 from the City of Forsyth to the entrance to Indian Springs State Park, in Butts and Monroe counties, be dedicated as the Billy Lancaster Memorial Highway.

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BE IT FURTHER RESOLVED that the bridge on SR 221 between the city limits of Douglas and SR 206 be dedicated as the SFC Nathan B. Simmons and SSGT James Q. Simmons Memorial Bridge.

BE IT FURTHER RESOLVED that the portion of SR 45 Alternate in Calhoun County from the intersection of SR 45, SR 62, SR 216, and Cedar Street to the junction of SR 45 Alternate with SR 45 be designated as the Charles and Mary Cowart Bypass.

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 Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation, to the Callaway family, to the Board of Commissioners of Carroll County, to the family of C.C. Perkins, to the family of Mr. Clint H. Bryant, to the family of Mr. Walter E. Elder III, to the family of Mr. Tom Scott, to the family of Mr. Edgar Stamey, to the family of Dr. Charles Emory Bohler, to the family of Coach Erskine "Erk" Russell, to the family of Edward Sidney "Dick" Chambers, to the family of Sgt. David Samuel Collins, to the family of Mr. Ed Echols, to the family of Sgt. Kelley L. Courtney, to the family of Billy Lancaster, to the families of Nathan B. Simmons and James Q. Simmons, and to the family of Charles and Mary Cowart.

Representative Smith of the 129th moved that the House agree to the Senate substitute to HR 171.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Burns Butler Y Byrd

Y Dempsey Y Dickson 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 Frazier Y Freeman N Gardner Y Geisinger

Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson
Jacobs Y James Y Jamieson Y Jenkins
Jerguson Y Johnson, C E Johnson, T E Jones, J Y Jones, S
Jordan Y Kaiser
Keen

E Martin Y Maxwell Y May
McCall Y McKillip Y Meadows Y Millar E Mills Y Mitchell E Morgan Y Morris
Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon
Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield
Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner Y Starr
Stephens

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Y Carter, A Y Carter, B
Casas Y Chambers Y Channell Y Cheokas Y Coan
Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H
Davis, S Day

Y Glanton Golick
Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Hembree Henson Y Hill, C Y Hill, C.A Y Holmes

Y Keown Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord
Loudermilk Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese
Rice Y Roberts Y Rogers Y Royal
Rynders Y Sailor
Scott, A

Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B E Tumlin Y Walker Y Watson Y Wilkinson
Willard Y Williams, A
Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the motion, the ayes were 134, nays 1.

The motion prevailed.

HR 351. By Representatives Lindsey of the 54th, Holmes of the 61st, Willard of the 49th, Ashe of the 56th, Jones of the 46th and others:

A RESOLUTION creating the Joint Study Committee on Fulton County; and for other purposes.

The following Senate substitute was read:

A RESOLUTION

Creating the Joint Study Committee on Fulton County; and for other purposes.

WHEREAS, the Fulton County Blue Ribbon Commission on Fulton County Governance formulated suggested reforms for the operations of Fulton County in order to make operations efficient and responsive to the residents of Fulton County; and

WHEREAS, the Fulton County Blue Ribbon Commission specifically recommended changes to the size and composition of the Fulton County Commission; and

WHEREAS, the Fulton County Blue Ribbon Commission suggested enhancement of the authority of the chairperson of the Fulton County Commission; and

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WHEREAS, the Fulton County Blue Ribbon Commission recommended that reforms were needed with regard to the operations of the sheriff's office, superior court clerk's office, and general operations and configuration of the Fulton County justice system; and
WHEREAS, the Fulton County Blue Ribbon Commission proposed reforms regarding the Fulton County library system; and
WHEREAS, the Fulton County Blue Ribbon Commission suggested reforms regarding Fulton County health and human services; and
WHEREAS, the Fulton County Blue Ribbon Commission commended reformation of the Fulton County transportation system; and
WHEREAS, a separate study is currently being conducted on the division of Fulton County into more than one county.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on Fulton County. The committee shall consist of 16 members; eight members shall be appointed by the Lieutenant Governor and eight members shall be appointed by the Speaker of the House of Representatives. The Lieutenant Governor and the Speaker of the House each shall designate a member of the committee as cochairperson of the committee. The chairpersons 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 the Fulton County government structure and operations and the problems found by the Fulton County Blue Ribbon Commission 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. 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 the convening of the 2008 session of the General Assembly, at which time the committee shall stand abolished.
Representative Lindsey of the 54th moved that the House agree to the Senate substitute to HR 351.
On the motion, the roll call was ordered and the vote was as follows:

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Y Abdul-Salaam Y Abrams Y Amerson Y Ashe
Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant Y Buckner
Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B
Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S
Day

Y Dempsey Y Dickson 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 Frazier
Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton
Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

Holt Y Horne Y Houston
Howard Hudson Y Hugley Y Jackson E Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T E Jones, J Y Jones, S Jordan Y Kaiser Y Keen Y Keown Knight Y Knox Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

E Martin Y Maxwell Y May
McCall Y McKillip Y Meadows Y Millar E Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston
Randall Y Reece Y Reese
Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor
Scott, A

Scott, M Sellier Y Setzler Y Shaw Y Sheldon Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Smith, V Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B E Tumlin Y Walker Watson Y Wilkinson Willard Williams, A Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker

On the motion, the ayes were 137, nays 0.

The motion prevailed.

HB 505. By Representative Butler of the 18th:

A BILL to be entitled an Act to amend Article 7 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to licensure of adult day centers, so as to authorize the Department of Human Resources to charge fees relating to the licensure of adult day centers; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes.

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The following Senate substitute was read:
A BILL
To amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to change certain provisions relating to recovery of assistance from third parties liable for sickness, injury, disease, or disability; to expand certain obligations of insurers, managed health care entities, and pharmacy benefit managers; to authorize the Department of Human Resources to charge fees relating to the licensure of adult day centers; to provide for related matters; to provide for effective dates; to provide for a contingency; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by revising subsection (b) of Code Section 49-4-148, relating to recovery of assistance from third parties liable for sickness, injury, disease, or disability, as follows:
"(b) All insurers, as defined in Code Section 33-24-57.1, including but not limited to group health plans as defined in Section 607(1) of the federal Employee Retirement Security Act of 1974, and managed care entities as defined in Code Section 33-20A-3, which offer health benefit plans, as defined in Code Section 33-24-59.5, pharmacy benefit managers, as defined in Code Section 26-4-110.1, and any other parties that are, by statute, contract, or agreement, legally responsible for payment of a claim for a health care item or service shall comply with this subsection. Those insurers Such entities set forth in this subsection shall:
(1) Cooperate with the department in determining whether a person who is a recipient of medical assistance may be covered under that insurer's entity's health benefit plan and eligible to receive benefits thereunder for the medical services for which that medical assistance was provided and respond to any inquiry from the state regarding a claim for payment for any health care item or service submitted not later than three years after such item or service was provided; (2) Accept the department's authorization for the provision of medical services on behalf of a recipient of medical assistance as the insurer's entity's authorization for the provision of those services; and (3) Comply with the requirements of Code Section 33-24-59.5, regarding the timely payment of claims submitted by the department for medical services provided to a recipient of medical assistance and covered by the health benefit plan, subject to the payment to the department of interest as provided in that Code section for failure to comply.; (4) Provide the department, on a quarterly basis, eligibility and claims payment data regarding applicants for medical assistance or recipients for medical assistance;

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(5) Accept the assignment to the department or a recipient of medical assistance or any other entity of any rights to any payments for such medical care from a third party; and (6) Agree not to deny a claim submitted by the department solely on the basis of the date of submission of the claim, type or format of the claim, or a failure to present proper documentation at the point-of-sale which is the basis of the claim, if:
(A) The claim is submitted to the department within three years from when the item or service was furnished; and (B) Any action by the department to enforce its rights with respect to such claim commenced within six years of the department's submission of the claim. The requirements of paragraphs (2) and (3) of this subsection shall only apply to a health benefit plan which is issued, issued for delivery, delivered, or renewed on or after April 28, 2001."

SECTION 2. Said title is further amended by adding a new Code section to read as follows:
"49-6-86. The department shall be authorized to charge reasonable application fees, license fees, renewal fees, or other similar fees relating to the licensure of adult day centers in an amount established by the board pursuant to rules and regulations. The board shall take into consideration input from consumers, providers of adult day health services, and advocates during the rulemaking process to establish such fees. If so appropriated by the General Assembly, the fees shall be used to support the licensing, inspecting, and monitoring of adult day centers. Fees may be refunded by the department for good cause, as determined by the department."

SECTION 3. Section 2 of this Act shall become effective only if funds are specifically appropriated for the 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. For all other purposes, 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 Butler of the 18th moved that the House agree to the Senate substitute to HB 505.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe

Y Dempsey Y Dickson Y Dollar Y Drenner

Y Holt Y Horne Y Houston Y Howard

E Martin Y Maxwell
May Y McCall

Scott, M Y Sellier Y Setzler Y Shaw

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3969

Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Burns Y Butler Byrd Y Carter, A Y Carter, B Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Day

Dukes Ehrhart Y England Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Graves Y Greene Y Hamilton Hanner Y Harbin N Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

Hudson Y Hugley Y Jackson E Jacobs Y James
Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T E Jones, J Y Jones, S
Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord
Loudermilk Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y McKillip Y Meadows Y Millar E Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy
Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish
Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston
Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Sheldon Shipp
Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton
Teilhet Y Thomas, A.M Y Thomas, B E Tumlin Y Walker Y Watson Y Wilkinson Y Willard
Williams, A Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker

On the motion, the ayes were 141, nays 1.

The motion prevailed.

HB 229. By Representatives Harbin of the 118th, Hembree of the 67th and Smith of the 113th:

A BILL to be entitled an Act to amend Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relating to the lottery for education, so as to impose certain limitations on book allowances and mandatory fee payments under certain circumstances; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Senate substitute was read:

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A BILL
To amend Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the "Lottery for Education Act," so as to define certain terms; to provide that under certain conditions lottery winnings may be assigned; to provide for a court order; to provide for findings of fact; to provide for notice and acknowledgment; to provide for liens and bankruptcy; to provide for an exemption from liability; to provide for a fee; to provide for certain restrictions and limitations; to impose certain limitations on book allowances and mandatory fee payments under certain circumstances; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the "Lottery for Education Act," is amended by revising Code Section 50-27-3, relating to definitions, as follows:
"50-27-3. As used in this chapter, the term:
(1) 'Administrative expenses' means operating expenses, excluding amounts set aside for prizes, regardless of whether such prizes are claimed and excluding amounts held as a fidelity fund pursuant to Code Section 50-27-19. (2) 'Assignee' means any person or third party other than the winner to whom any portion of a prize or any right of any person to a prize awarded payable by the corporation in installment payments may be transferred or assigned pursuant to an appropriate judicial order as provided in Code Section 50-27-24.1. (3) 'Assignment' means the transfer of any portion of a prize or any right of any person to a prize awarded payable by the corporation in installment payments to any person or third party pursuant to an appropriate judicial order as provided in Code Section 50-27-24.1. (4) 'Assignor' means any person receiving installment payments seeking to assign or transfer any portion of a prize or any right of any person to a prize awarded to an assignee or any person or third party pursuant to an appropriate judicial order as provided in Code Section 50-27-24.1. (2)(5) 'Board' means the board of directors of the Georgia Lottery Corporation. (3)(6) 'Capital outlay projects' means the acquisition, construction, installation, modification, renovation, repair, extension, renewal, replacement, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements and the acquisition, installation, modification, renovation, repair, extension, renewal, replacement, rehabilitation, or furnishing of fixtures, machinery, equipment, computers, software, laboratories, furniture, textbooks, and reference material or other

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property of any nature whatsoever used on, in, or in connection with educational facilities. (4)(7) 'Casino gambling' means a location or business for the purpose of conducting illegal gambling activities, but excluding the sale and purchase of lottery tickets or shares as authorized by this chapter. (5)(8) 'Chief executive officer' means the chief executive officer of the Georgia Lottery Corporation. (6)(9) 'Corporation' means the Georgia Lottery Corporation. (7)(10) 'Educational facilities' means land, structures, and buildings owned or operated by and through the board of regents, the State Board of Education, the Department of Technical and Adult Education, or by any city, county, or independent school system within this state; provided, however, that a public road or highway leading to an educational facility shall not be considered an educational facility. (8)(11) 'Educational purposes and programs' means capital outlay projects for educational facilities; tuition grants, scholarships, or loans to citizens of this state to enable such citizens to attend colleges and universities located within this state, regardless of whether such colleges and universities are owned or operated by the board of regents or to attend institutions operated under the authority of the Department of Technical and Adult Education; costs of providing to teachers at accredited public institutions who teach levels K-12, personnel at public postsecondary technical institutes under the authority of the Department of Technical and Adult Education, and professors and instructors within the University System of Georgia the necessary training in the use and application of computers and advanced electronic instructional technology to implement interactive learning environments in the classroom and to access the state-wide distance learning network; costs associated with repairing and maintaining advanced electronic instructional technology; voluntary pre-kindergarten; and an education shortfall reserve. (12) 'Interested party' means any individual or entity that has notified the corporation of his or her interest in the prize or is a party to a civil matter adverse to the assignor, including actions for alimony and child support. (9)(13) 'Lottery,' 'lotteries,' 'lottery game,' or 'lottery games' means any game of chance approved by the board and operated pursuant to this chapter, including, but not limited to, instant tickets, on-line games, and games using mechanical or electronic devices but excluding pari-mutuel betting and casino gambling as defined in this Code section. (10)(14) 'Major procurement contract' means any gaming product or service costing in excess of $75,000.00, including, but not limited to, major advertising contracts, annuity contracts, prize payment agreements, consulting services, equipment, tickets, and other products and services unique to the Georgia lottery, but not including materials, supplies, equipment, and services common to the ordinary operations of a corporation. (11)(15) 'Member' or 'members' means a director or directors of the board of directors of the Georgia Lottery Corporation.

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(12)(16) 'Member of a minority' means an individual who is a member of a race which comprises less than 50 percent of the total population of the state. (13)(17) 'Minority business' means any business which is owned by:
(A) An individual who is a member of a minority who reports as his or her personal income for Georgia income tax purposes the income of such business; (B) A partnership in which a majority of the ownership interest is owned by one or more members of a minority who report as their personal income for Georgia income tax purposes more than 50 percent of the income of the partnership; or (C) A corporation organized under the laws of this state in which a majority of the common stock is owned by one or more members of a minority who report as their personal income for Georgia income tax purposes more than 50 percent of the distributed earnings of the corporation. (14)(18) 'Net proceeds' means all revenue derived from the sale of lottery tickets or shares and all other moneys derived from the lottery less operating expenses. (15)(19) 'Operating expenses' means all costs of doing business, including, but not limited to, prizes, commissions, and other compensation paid to retailers, advertising and marketing costs, personnel costs, capital costs, depreciation of property and equipment, funds for compulsive gambling education and treatment, amounts held in or paid from a fidelity fund pursuant to Code Section 50-27-19, and other operating costs. (16)(20) 'Pari-mutuel betting' means a method or system of wagering on actual races involving horses or dogs at tracks which involves the distribution of winnings by pools. Such term shall not mean lottery games which may be predicated on a horse racing or dog racing scheme that does not involve actual track events. Such term shall not mean traditional lottery games which may involve the distribution of winnings by pools. (17)(21) 'Person' means any individual, corporation, partnership, unincorporated association, or other legal entity. (18)(22) 'Retailer' means a person who sells lottery tickets or shares on behalf of the corporation pursuant to a contract. (19)(23) 'Share' means any intangible evidence of participation in a lottery game. (20)(24) 'Ticket' means any tangible evidence issued by the lottery to provide participation in a lottery game. (21)(25) 'Vendor' means a person who provides or proposes to provide goods or services to the corporation pursuant to a major procurement contract, but does not include an employee of the corporation, a retailer, or a state agency or instrumentality thereof. Such term does not include any corporation whose shares are publicly traded and which is the parent company of the contracting party in a major procurement contract."
SECTION 2. Said article is further amended by revising subparagraph (b)(5)(B) of Code Section 5027-13, relating to disposition of lottery proceeds, as follows:

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"(B)(i) In the event that the year-end balance of a fiscal year is less than 90 percent of the year-end balance of the fiscal year immediately preceding, then all scholarships and grants for book allowances under Part 7 of Article 7 of Chapter 3 of Title 20 shall not exceed $150.00 per year beginning in the next fiscal year and thereafter. This provision shall not apply to students who are eligible to participate in the federal Pell Grant program. (ii) In the event that the year-end balance of any subsequent fiscal year is less than 90 percent of the year-end balance of the fiscal year immediately preceding, then all scholarships and grants for book allowances under Part 7 of Article 7 of Chapter 3 of Title 20 shall be eliminated beginning in the subsequent fiscal year and thereafter. This provision shall not apply to students who are eligible to participate in the federal Pell Grant program. (iii) In the event that the year-end balance of any further subsequent fiscal year is less than 90 percent of the year-end balance of the fiscal year immediately preceding, then all scholarships and grants for mandatory fees under Part 7 of Article 7 of Chapter 3 of Title 20 shall be eliminated beginning in the next fiscal year and thereafter."
SECTION 3. Said article is further amended by revising paragraph (1) of subsection (c) of Code Section 50-27-24, relating to prize proceeds subject to state income tax, attachments, garnishments, or executions, validation of winning tickets, prohibited purchases, moneydispensing machines, and unclaimed prize money, as follows:
"(1) No Except as provided in Code Section 50-27-24.1, no prize, any portion of a prize, or any right of any person to a prize awarded shall be assignable. Any prize or any portion of a prize remaining unpaid at the death of a prize winner shall be paid to the estate of the deceased prize winner or to the trustee of a trust established by the deceased prize winner as settlor if a copy of the trust document or instrument has been filed with the corporation along with a notarized letter of direction from the settlor and no written notice of revocation has been received by the corporation prior to the settlor's death. Following a settlor's death and prior to any payment to such a successor trustee, the corporation shall obtain from the trustee a written agreement to indemnify and hold the corporation harmless with respect to any claims that may be asserted against the corporation arising from payment to or through the trust. Notwithstanding any other provisions of this Code section, any person, pursuant to an appropriate judicial order, shall be paid the prize to which a winner is entitled;"
SECTION 4. Said article is further amended by adding following Code Section 50-27-24 a new Code section as follows:
"50-27-24.1.

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(a) Under an appropriate judicial order, any prize or any portion of a prize or any right of any person to a prize awarded payable by the corporation in installment payments may be paid to any person other than the winner. (b) The right of a person to a prize payable by the corporation in installment payments may be voluntarily assigned as a whole or in part if the assignment is made to a person designated in accordance with an order of the superior court in the county where the corporation is located. In the case of a voluntary assignment for consideration made under a judicial order, the assignee shall withhold from the purchase price to be paid to the assignor federal and state income taxes in a manner and amount consistent with the procedures of the corporation and pay such withheld taxes to the proper taxing authority in a timely manner and maintain and file all required records, forms, and reports. (c) On the filing by the assignor or the assignee in the superior court of a petition seeking approval of a voluntary assignment, the filing party shall schedule a hearing on such petition and serve notice of the hearing on all interested parties. The court shall conduct an evidentiary hearing. If the court finds that:
(1) The assignment is in writing, is executed by the assignor, and is by its terms subject to the laws of the state; (2) The assignor provides a sworn affidavit attesting that he or she is of sound mind, is in full command of the assignor's faculties, and is not acting under duress; (3) The assignor has been advised about the assignment by an independent attorney who is not related to and not compensated by the assignee or an affiliate of the assignee; (4) The assignor understands that he or she will not receive the prize payments or parts of payments during the years assigned; (5) The assignor understands and agrees that the corporation, directors, and officials and employees of the corporation are not liable or responsible for making any of the assigned payments; (6) The assignee provides the assignor with a one-page disclosure statement in boldface type not less than 14 points in size, setting forth:
(A) The payments being assigned by the amount and payment date; (B) The purchase price; (C) The rate of discount to present value assuming daily compounding and funding on the contract date; (D) An itemized listing of all brokers' commissions, service charges, application fees, processing fees, closing costs, filing fees, administrative fees, notary fees, and other commissions, fees, costs, expenses, and charges, and a good faith estimate of all legal fees and court costs payable by the assignor or deductible from the gross amount otherwise payable to the assignor; (E) The net amount payable to the assignor after deduction of all commissions, fees, costs, expenses, and charges described in subparagraph (D) of this paragraph; and

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(F) The amount of any penalty and the amount of any liquidated damages, inclusive of penalties, payable by the assignor in the event of any breach of the transfer agreement by the assignor; (7) The interest rate or discount rate, as applicable, associated with the assignment does not indicate overreaching or exploitation, does not exceed current usury rates, and does not violate any laws of usury of this state; and (8) The contract of assignment expressly states that the assignor has three business days after signing the contract to cancel the assignment the court shall issue an order approving a voluntary assignment and directing the corporation to make prize payments as a whole or in part to the assignee. (d) Written notice of the petition and proposed assignment and any court hearing concerning the petition and proposed assignment shall be given to the corporation's counsel at least ten days before a court hearing. The corporation need not appear in or be named as party to an action that seeks judicial approval of an assignment but may intervene as of right in the action. A certified copy of a court order approving a voluntary assignment shall be given to the corporation not later than ten days before the date on which the payment is to be made. Written notice of the petition and proposed assignment and any court hearing concerning the petition and proposed assignment shall be served by certified mail to the last known address of any interested party. The interested party need not appear in or be named as party to an action that seeks judicial approval of an assignment but may intervene as of right in the action. (e) The corporation, not later than ten days after receiving a certified copy of a court order approving a voluntary assignment, shall send the assignor and the assignee written confirmation of the court approved assignment and the intent of the corporation to rely on the assignment in making payments to the assignee named in the order free from any attachments, garnishments, or executions. (f) A voluntary assignment may not include or cover payments or parts of payments to the assignor to the extent that such payments are subject to attachments, garnishments, or executions authorized and issued pursuant to law as provided in subsection (b) of Code Section 50-27-24. Each court order issued under this subsection shall provide that any obligations of the assignor created by subsection (b) of Code Section 50-27-24 shall be satisfied out of the proceeds to be received by the assignor. (g) A voluntary assignment may not include portions of payments that are subject to offset on account of a defaulted or delinquent child support obligation, nonwage garnishment, or criminal restitution obligation or on account of a debt owed to a state agency. Each court order issued under subsection (c) of this Code section shall provide that any delinquent child support or criminal restitution obligations of the assignor and any debts owed to a state agency by the assignor, as of the date of the court order, shall be set off by the corporation first against remaining payments or portions thereof due the prize winner and then against payments due the assignee. (h) The corporation, the directors, and officials and employees of the corporation are not liable under this Code section after payment of an assigned prize is made. The assignor and assignee shall hold harmless and indemnify the corporation, the directors,

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and the state and its employees and agents from all claims, suits, actions, complaints, or liabilities related to the assignment. (i) The corporation may establish a reasonable fee to defray administrative expenses associated with assignments made under this Code section, including a processing fee imposed by a private annuity provider. The amount of the fee shall reflect the direct and indirect costs of processing assignments. (j) The assignee shall notify the corporation of its business location and mailing address for payment purposes and of any change in location or address during the entire course of the assignment. (k) A court order or a combination of court orders under this Code section may not require the corporation to divide a single prize payment among more than three different persons. This Code section does not prohibit the substitution of assignees as long as there are not more than three assignees at any one time for any one prize payment. Any subsequent assignee is bound as the original assignee by the provisions of this Code section and the terms and conditions of the contract of assignment. (l) If the federal Internal Revenue Service or a court of competent jurisdiction issues a determination letter, revenue ruling, or other public document declaring that the voluntary assignment of prizes will affect the federal income tax treatment of lottery prize winners who do not assign their prizes, then within 15 days after the corporation receives the letter, ruling, or other document, the director of the corporation shall file a copy of it with the Attorney General and a court may not issue an order authorizing a voluntary assignment under this Code section. (m) The provisions of this Code section shall prevail over any inconsistent provision in Code Section 11-9-109. (n) Any agreement or option to sell, assign, pledge, hypothecate, transfer, or encumber a lottery prize or any portion thereof prior to the effective date of this Code section shall be void in its entirety."

SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Freeman of the 140th moved that the House agree to the Senate substitute to HB 229.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe

Y Dempsey Y Dickson Y Dollar Y Drenner

Y Holt Y Horne Y Houston Y Howard

E Martin Y Maxwell
May McCall

Y Scott, M Y Sellier Y Setzler
Shaw

FRIDAY, APRIL 20, 2007

3977

Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper
Cox Crawford, M Y Crawford, R Y Davis, H Y Davis, S Day

Dukes Ehrhart Y England Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Heard, J Y Heard, K Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A Y Holmes

Y Hudson Y Hugley Y Jackson E Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T E Jones, J Y Jones, S
Jordan Y Kaiser Y Keen Y Keown
Knight Knox Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord Y Loudermilk Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y McKillip Y Meadows Y Millar E Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston
Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal
Rynders Y Sailor Y Scott, A

Y Sheldon Shipp
Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner
Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B E Tumlin
Walker Y Watson Y Wilkinson Y Willard
Williams, A Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker

On the motion, the ayes were 142, nays 0.

The motion prevailed.

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.

HB 467. By Representative Hembree of the 67th:

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 in Georgia, so as to provide for course credit for entering freshmen students who have successfully completed the international baccalaureate diploma program; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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The following Senate substitute was read:
A BILL
To amend 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 for course credit for entering freshmen students who have successfully completed the international baccalaureate diploma program; 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. 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, is amended by adding a new Code section to read as follows:
"20-3-88. (a) As used in this Code section, the term 'international baccalaureate diploma program' means the curriculum and examinations required for an international baccalaureate diploma awarded by the International Baccalaureate Organization. (b) Each public institution of higher education in this state shall adopt and implement a policy to grant undergraduate course credit to entering freshmen students who have successfully completed the international baccalaureate diploma program. (c) In the policy, the institution shall, except as otherwise provided by this subsection, grant at least 24 semester credit hours or equivalent course credit in appropriate subject areas to an entering freshman student for successful completion of the international baccalaureate diploma program. The institution may grant fewer than 24 semester credit hours if a student received a score of less than four on an examination administered as part of the international baccalaureate diploma program. The institution may grant fewer credit hours only with respect to courses that are substantially related to the subject area of that examination. (d) Each public institution of higher education shall report to the board of regents the policy adopted and implemented under this Code section and shall make the policy available to the public on the institution's Internet site. (e) Each public institution of higher education in this state shall:
(1) Not later than December 31, 2007, adopt and make available to the public and to the board of regents the policy required by this Code section; and (2) Implement the policy beginning with admissions to the institution for the 20082009 academic year."
SECTION 2. This Act shall become effective on July 1, 2007.

FRIDAY, APRIL 20, 2007

3979

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 467.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe
Barnard Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns
Butler Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Cooper Y Cox Crawford, M Y Crawford, R Y Davis, H Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

Y Holt Y Horne Y Houston Y Howard Y Hudson
Hugley Y Jackson E Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T E Jones, J Y Jones, S
Jordan Y Kaiser Y Keen Y Keown
Knight Knox Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord Y Loudermilk Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

E Martin Y Maxwell
May McCall Y McKillip Y Meadows Y Millar E Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Porter Y Powell Y Pruett Y Ralston Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon
Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B E Tumlin Y Walker Y Watson Y Wilkinson Y Willard
Williams, A Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker

On the motion, the ayes were 144, nays 0.

The motion prevailed.

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HB 429. By Representatives Cooper of the 41st, Hudson of the 124th, Smith of the 70th and Manning of the 32nd:
A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to require physicians and health care providers to test pregnant women for HIV unless she specifically declines; to provide a short title; to inform the pregnant woman of the test to be conducted; to provide for documentation; to provide for rules and regulations; to provide for an exemption from counseling requirements; 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 429 (LC 35 0498S) by inserting after "requirements;" on line 5 of page 1 the following:
to revise a definition relating to state health planning and development; to revise the functions of the Health Strategies Council and the Department of Community Health;
By inserting between lines 24 and 25 of page 2 the following:
SECTION 2A. Said title is further amended in Code Section 31-6-2, relating to definitions, as follows:
(1) by striking "and adopt the state health plan" from paragraph (10). (2) by replacing "adopted" with "based on recommendations" and by adding "and the board" after "Council" in paragraph (23).
SECTION 2B. Said title is further amended by striking paragraphs (1) and (2) of subsection (g) of Code Section 31-6-20, relating to the Health Strategies Council generally, and inserting:
"(1) Review, comment, and make recommendations to the board on components of the state health plan; (2) Review and comment on proposed rules for the administration of this chapter, except emergency rules, as requested by the department;"
SECTION 2C. Said title is further amended by revising paragraph (2) of subsection (b) of Code Section 31-6-21, relating to the Department of Community Health generally, as follows: "(2) To prepare and revise a draft state health plan for submission to the Health Strategies Council for adoption and submission to the Governor;"
Representative Cooper of the 41st moved that the House agree to the Senate amendment to HB 429.

FRIDAY, APRIL 20, 2007

3981

On the motion, the roll call was ordered and the vote was as follows:

N Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard N Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Bryant Y Buckner Burkhalter Y Burns Butler N Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Channell Y Cheokas N Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Crawford, M Y Crawford, R Y Davis, H N Davis, S Y Day

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England
Epps N Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Frazier
Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon N Graves Y Greene Y Hamilton Y Hanner
Harbin N Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree Y Henson
Hill, C Y Hill, C.A Y Holmes

Y Holt N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T E Jones, J Y Jones, S
Jordan Y Kaiser Y Keen N Keown
Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord
Loudermilk Lucas Lunsford Y Maddox Y Mangham E Manning Y Marin

E Martin Y Maxwell
May McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Ralston Y Randall Y Reece N Reese Rice Roberts Y Rogers Y Royal Rynders Y Sailor Y Scott, A

N Scott, M Y Sellier
Setzler Y Shaw
Sheldon Y Shipp
Sims, B Y Sims, C Y Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet N Thomas, A.M Y Thomas, B E Tumlin Y Walker Y Watson Y Wilkinson Y Willard
Williams, A Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker

On the motion, the ayes were 127, nays 16.

The motion prevailed.

HB 626. By Representatives Graves of the 12th, Rynders of the 152nd, Lunsford of the 110th, Cooper of the 41st and Peake of the 137th:

A BILL to be entitled an Act to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, acupuncture, physician's assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice, so as to provide for a

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maximum number of continuing education hours that retired physicians providing uncompensated health care services shall be required to complete; 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 626 (LC 33 1984S) by inserting after "physicians" on line 11 of page 2 the following:

who have an active license and

By striking "more than" on line 14 of page 2 and inserting in its place "up to".

Representative Graves of the 12th moved that the House agree to the Senate amendment to HB 626.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas
Coan Y Cole Y Coleman Y Collins
Cooper Y Cox

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England
Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd
Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves
Greene Y Hamilton Y Hanner
Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T E Jones, J Y Jones, S
Jordan Y Kaiser
Keen Y Keown Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas

E Martin Y Maxwell
May McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Rice Y Roberts

Y Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner Y Starr
Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B E Tumlin Y Walker Y Watson Y Wilkinson Y Willard
Williams, A Williams, E

FRIDAY, APRIL 20, 2007

3983

Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Hembree Henson
Y Hill, C Y Hill, C.A Y Holmes

Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Williams, M Y Williams, R
Wix Y Yates
Richardson, Speaker

On the motion, the ayes were 147, nays 0.

The motion prevailed.

HB 391. By Representatives Rogers of the 26th, Parham of the 141st, Knox of the 24th, Heard of the 114th, Loudermilk of the 14th and others:

A BILL to be entitled an Act to amend Code Section 43-8B-5 of the Official Code of Georgia Annotated, relating to the State Board of Cemeterians and the number, terms, appointments, vacancies, and removal of members, so as to change certain provisions relating to qualifications of board members; 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 10-14-3 of the Official Code of Georgia Annotated, relating to definitions relative to cemetery and funeral services, so as to redefine certain terms; to amend Code Section 43-8B-5 of the Official Code of Georgia Annotated, relating to the State Board of Cemeterians and the number, terms, appointments, vacancies, and removal of members, so as to change certain provisions relating to qualifications of board members; 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 10-14-3 of the Official Code of Georgia Annotated, relating to definitions relative to cemetery and funeral services, is amended by revising paragraphs (3), (14), and (21), respectively, as follows:
"(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." "(14) 'Entombment' mean means the disposition of a dead human body in a mausoleum, including without limitation a crypt, private mausoleum, or any other

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permanent above-ground structure not used for inurnment, but shall not include the opening and closing of a grave space, crypt, or niche or the installation of a vault." "(21) 'Inurnment' means the disposition of the cremated remains of a deceased human being in an any fashion, including without limitation in a columbarium niche, cremorial, cremation bench, cremation rock, urn, or other container but shall not include the opening and closing of a grave space, crypt, or niche or the installation of a vault."

SECTION 2. Code Section 43-8B-5 of the Official Code of Georgia Annotated, relating to the State Board of Cemetarians and the number, terms, appointments, vacancies, and removal of members, is amended by revising subsection (a) as follows:
"(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 experience 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."

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 Rogers of the 26th moved that the House agree to the Senate substitute to HB 391.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns

Y Dempsey Y Dickson
Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming N Floyd, H Y Floyd, J Y Fludd
Forster Y Franklin Y Frazier Y Freeman

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T E Jones, J Y Jones, S
Jordan

Y Martin Y Maxwell
May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver

Y Scott, M Y Sellier
Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner

FRIDAY, APRIL 20, 2007

3985

Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H Y Davis, S
Day

Gardner Y Geisinger Y Glanton Y Golick Y Gordon
Graves Y Greene Y Hamilton Y Hanner
Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

Y Kaiser Keen
Y Keown Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston
Randall Y Reece Y Reese
Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B E Tumlin
Walker Y Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, M Y Williams, R Y Wix
Yates Richardson, Speaker

On the motion, the ayes were 149, nays 1.

The motion prevailed.

HB 518. By Representative Rice of the 51st:

A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide for a definition of a commercial motor vehicle; to provide for expiration of license plates issued to manufacturers, distributors, and dealers; to provide for annual and staggered registration by dealers, manufacturers, and transporters; to provide for the suspension or revocation of commercial motor vehicles when not in compliance with federal safety regulations; to provide for fees; to change the time limit for registration applications from 90 to 30 days; to provide for cancellation of certificates of title for vehicles designated for scrap metal or to be dismantled or demolished; to provide for applicability; to provide for effective dates; to repeal conflicting laws; and for other purposes.

The following Senate substitute was read:

A BILL

To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide for a definition of a commercial motor vehicle; to provide for an exception for motor vehicles used by Georgia Lottery Corporation employees from registration and licensing provisions applicable to state vehicles; to provide for expiration

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of license plates issued to manufacturers, distributors, and dealers; to provide for annual and staggered registration by dealers, manufacturers, and transporters; to provide for the suspension or revocation of commercial motor vehicles when not in compliance with federal safety regulations; to provide for fees; to change the time limit for registration applications from 90 to 30 days; to provide for cancellation of certificates of title for vehicles designated for scrap metal or to be dismantled or demolished; to amend Code Section 50-19-2 of the Official Code of Georgia Annotated, relating to the prohibition against operating a state vehicle without a seal or decal affixed to the front door, so as to exempt vehicles operated by the Georgia Lottery Corporation; to provide for applicability; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended in Code Section 40-1-1, relating to definitions, by adding a new paragraph to read as follows:
"(8.3) 'Commercial motor vehicle' means any self-propelled or towed motor vehicle used on a highway in intrastate and interstate commerce to transport passengers or property when the vehicle:
(A) Has a gross vehicle weight rating, gross combination weight rating, gross vehicle weight, or gross combination weight of 4,537 kg (10,001 lbs.) or more; (B) Is designed or used to transport more than eight passengers, including the driver, for compensation; (C) Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or (D) Is used to transport material determined to be hazardous by the secretary of the United States Department of Transportation under 49 U.S.C. Section 5103 and transported in a quantity that requires placards under regulations prescribed under 49 C.F.R., Subtitle B, Chapter I, Subchapter C."
SECTION 2. Said title is further amended in Code Section 40-2-37, relating to registration and licensing of vehicles of state and political subdivisions, by revising subsections (a) and (b) as follows:
"(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, and except for those assigned for the transportation of employees of the Georgia Lottery Corporation 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

FRIDAY, APRIL 20, 2007

3987

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 $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, those assigned for the transportation of employees of the Georgia Lottery Corporation to which regular Georgia license plates are issued, and those vehicles owned by the Department of Public Safety, the commissioner shall provide for registration and issuance of regular license plates for such vehicles. The license plates issued pursuant to this subsection shall be identical in appearance to regular license plates issued for private vehicles, except that such license plates shall not display any registration expiration. Such license plates may be transferred as provided for in subsection (d) of this Code section. Such license plates shall be issued at the time the vehicle is purchased by the state."
SECTION 3. Said title is further amended in Code Section 40-2-38, relating to registration and licensing of manufacturers, distributors, and dealers, by revising paragraph (1) of subsection (a) as follows:
"(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 in accordance with subsection (f) of this Code section, 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

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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 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."
SECTION 4. Said title is further amended in said Code section by adding two new subsections to read as follows:
"(f)(1) The expiration of a license plate issued pursuant to this Code section shall be the last day of the registration period as provided in division (a)(1)(A)(ii) of Code Section 40-2-21, except that for the purposes of this subsection, the registration period shall be determined by the first letter of the legal name of the business listed on the application for registration or renewal of registration. An application for renewal of registration shall not be submitted earlier than 90 days prior to the last day of the registration period. A penalty of 25 percent of the total registration fees due shall be assessed any person registering pursuant to this Code section who, prior to the expiration of such person's registration period, fails to apply for renewal or if having applied fails to pay the required fees. (2) A transition period shall commence on October 1, 2007, and conclude on December 31, 2007, for all existing registrations and any new registration applications presented prior to January 1, 2008. On or after January 1, 2008, new applications for registration shall be submitted and remain valid until the expiration of such registration as specified in paragraph (1) of this subsection. (g) The commissioner shall adopt rules and regulations for the implementation of this Code section."
SECTION 5. Said title is further amended in Code Section 40-2-38.1, relating to transporter license plates, by adding two new subsections to read as follows:
"(i)(1) The expiration of a license plate issued pursuant to this Code section shall be the last day of the registration period as provided in division (a)(1)(A)(ii) of Code Section 40-2-21, except that for the purposes of this subsection, the registration period shall be determined by the first letter of the legal name of the business listed on the application for registration or renewal of registration. An application for renewal of registration shall not be submitted earlier than 90 days prior to the last day of the registration period. A penalty of 25 percent of the total registration fees due shall be assessed any person registering pursuant to this Code section who, prior to the expiration of such person's registration period, fails to apply for renewal or if having applied fails to pay the required fees.

FRIDAY, APRIL 20, 2007

3989

(2) A transition period shall commence on October 1, 2007, and conclude on December 31, 2007, for all existing registrations and any new registration applications presented prior to January 1, 2008. On or after January 1, 2008, new applications for registration shall be submitted and remain valid until the expiration of such registration as specified in paragraph (1) of this subsection. (j) The commissioner shall adopt rules and regulations for the implementation of this Code section."
SECTION 6. Said title is further amended in Article 6 of Chapter 2, relating to administration and enforcement of chapter, by adding a new Code section to read as follows:
"40-2-138. Any vehicle which is prohibited by any federal agency acting pursuant to federal law, rule, or regulation from being operated in intrastate commerce shall not be eligible for registration under this article, and the commissioner shall suspend or revoke such registration for any vehicle so prohibited from operating."
SECTION 7. Said title is further amended in subsection (a) of Code Section 40-2-151, relating to annual license fees for operation of vehicles and permanent licensing of certain trailers, by revising paragraphs (1) through (11) as follows:
"(1) For each passenger motor vehicle not operated as a common or contract carrier for hire .....................................................................................................$ 20.00
(2) For each motorcycle .....................................................................................20.00
(3)(A) For each private truck commercial motor vehicle in accordance with the owner declared gross vehicle weight rating, as follows:
(i) Less than 14,000 lbs. 10,001 lbs. to 14,000 lbs. ....................................20.00
(ii) 14,000 to 18,000 lbs. ............................................................................25.00
(iii) 18,001 to 26,000 lbs. ...........................................................................38.00
(iv) 26,001 to 30,000 lbs. ...........................................................................45.00
(v) 30,001 to 36,000 lbs. .............................................................................70.00
(vi) 36,001 to 44,000 lbs. ...........................................................................115.00
(vii) 44,001 to 54,999 lbs. ..........................................................................190.00
(viii) 55,000 to 63,280 lbs. .........................................................................300.00
(ix) 63,281 lbs. to maximum permitted........................................................400.00

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(B) Subparagraph (A) of this paragraph notwithstanding:
(i) A straight truck which is not a truck-tractor shall not be classified higher than $75.00;
(ii) A straight truck hauling fertilizer or agricultural products shall not be classified higher than $31.00; and
(iii) A truck-tractor hauling fertilizer, milk, or crops as defined in paragraph (7.1) of Code Section 1-3-3 shall not be classified higher than $220.00;
(4) For each farm truck ......................................................................................20.00
(5) Except as otherwise specifically provided in this Code section, for each private trailer .......................................................................................................20.00
(6)(A) For each farm trailer including, but not limited to, horse and cattle trailers, the maximum fee shall be $12.00.
(B) There shall be no fee for trailers:
(i) Used exclusively to haul agricultural products from one place on the farm to another or from one farm or field to another;
(ii) With no springs which are being employed in hauling unprocessed farm products to their market destination; and
(iii) With no springs which are pulled from a tongue and used primarily to transport fertilizer to the farm;
(7) For house trailers, auto trailers, and boat trailers, whether pulled by a private automobile or a private truck, and not used as or in connection with a motor vehicle, truck, or tractor used as a common or contract carrier for hire ..12.00
(8) For trailers used as or in connection with a motor vehicle, truck, or tractor used as a common or contract carrier for hire .........................................12.00
(9) For each motor bus or van-type vehicle used as a common or contract carrier for hire in public transportation transporting passengers, the following:
(A) Weighing 10,000 pounds or less, $1.90 per 100 pounds factory weight or fractional part of 100 pounds factory weight;
(B) Weighing more than 10,000 pounds and not over 15,000 pounds factory weight, $2.75 for each 100 pounds or fractional part of 100 pounds factory weight;

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(C) Weighing more than 15,000 pounds and not more than 20,000 pounds factory weight, $3.45 for each 100 pounds or fractional part of 100 pounds factory weight; and
(D) Weighing more than 20,000 pounds factory weight, $3.75 for each 100 pounds or fractional part of 100 pounds factory weight. No motor bus license fee shall exceed $875.00;
(10)(A) For each truck or nonpassenger-carrying commercial motor vehicle operated as a common or contract carrier for hire in accordance with owner declared gross vehicle weight rating, as follows:
(i) Less than 14,000 lbs. 10,001 lbs. to 14,000 lbs. ....................................20.00
(ii) 14,000 to 18,000 lbs. ............................................................................25.00
(iii) 18,001 to 26,000 lbs. ...........................................................................38.00
(iv) 26,001 to 30,000 lbs. ...........................................................................85.00
(v) 30,001 to 36,000 lbs. .............................................................................130.00
(vi) 36,001 to 44,000 lbs. ...........................................................................215.00
(vii) 44,001 to 54,999 lbs. ..........................................................................365.00
(viii) 55,000 to 63,280 lbs. .........................................................................575.00
(ix) 63,281 lbs. to maximum permitted........................................................725.00
(B) Subparagraph (A) of this paragraph notwithstanding, a straight truck which is not a truck-tractor shall not be classified higher than $150.00;
(11) For each truck commercial motor vehicle leased to a common or contract carrier without regard to the duration of the lease and in accordance with the owner declared gross vehicle weight rating, the same license fees as required under paragraph (10) of this Code section;"
SECTION 8. Said title is further amended in Code Section 40-3-21, relating to application for first certificate of title, by revising the introductory language of subsection (a) and paragraph (2) of subsection (b) as follows:
"(a) The application for the first certificate of title of a vehicle in this state shall be made by the owner to the commissioner or the commissioner's duly authorized county tag agent on the prescribed form. Except as provided in subsection (b) of this Code section, the application must be submitted to the commissioner or the appropriate authorized county tag agent by the owner of the vehicle within 90 30 days from the date of purchase of the vehicle or from the date the owner is otherwise required by law to

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register the vehicle in this state. If the owner does not submit the application within that time, the owner of the vehicle shall be required to pay a penalty of $10.00 in addition to the ordinary title fee provided for by this chapter. If the documents submitted in support of the title application are rejected, the party submitting the documents shall have 60 days from the date of rejection to resubmit the documents required by the commissioner or the authorized county tag agent for the issuance of a certificate of title. Should the documents not be properly resubmitted within the 60 day period, there shall be an additional $10.00 penalty assessed, and the owner of the vehicle shall be required to remove immediately the license plate of the vehicle and return same to the commissioner or the authorized county tag agent. The license plate shall be deemed to have expired at 12:00 Midnight of the sixtieth day following the initial rejection of the documents submitted, if the documents have not been resubmitted as required under this subsection. Such application shall contain:"
"(2) If the application refers to a vehicle purchased from a dealer, it shall contain the name and address of the holder of any security interest created or reserved at the time of the sale by the dealer. The application shall be signed by the owner and, unless the dealer's signature appears on the certificate of title or manufacturer's statement of origin submitted in support of the title application, the dealer, provided that as an alternative to a handwritten signature, the commissioner may authorize use of a digital signature as long as appropriate security measures are implemented which assure security and verification of the digital signature process, in accordance with regulations promulgated by the commissioner. The dealer shall promptly mail or deliver the application to the commissioner or the county tag agent of the county in which the seller is located, of the county in which the sale takes place, of the county in which the vehicle is delivered, or of the county wherein the vehicle owner resides so as to have the application submitted to the commissioner or such authorized county tag agent within 90 30 days from the date of the sale of the vehicle. If the application is not submitted within that time, the dealer, or in nondealer sales the transferee, shall be required to pay a penalty of $10.00 in addition to the ordinary title fee paid by the transferee provided for in this chapter. If the documents submitted in support of the title application are rejected, the dealer submitting the documents shall have 60 days from the date of initial rejection to resubmit the documents required by the commissioner or authorized county tag agent for the issuance of a certificate of title. Should the documents not be properly resubmitted within 60 days, there shall be an additional penalty of $10.00 assessed against the dealer. The willful failure of a dealer to obtain a certificate of title for a purchaser shall be grounds for suspension or revocation of the dealer's state issued license and registration for the sale of motor vehicles."
SECTION 9. Said title is further amended in Code Section 40-3-32, relating to transfers of vehicles, by revising subsection (b) as follows:

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"(b) Except as provided in Code Section 40-3-33, the transferee, promptly after delivery to him of the vehicle and certificate of title, shall execute the application for a new certificate of title on the form the commissioner prescribes and cause the application and the certificate of title to be mailed or delivered to the commissioner or his appropriate authorized county tag agent together with the application for change of registration for the vehicle, so that the title application shall be received within 90 30 days from the date of the transfer of the vehicle. If the title application is not received within that time, the owner shall be required to pay a penalty of $10.00 in addition to the ordinary title fee provided for by this chapter. If the documents submitted in support of the title application are rejected, the party submitting the documents shall have 60 days from the date of initial rejection to resubmit the documents required by the commissioner for the issuance of title. If the documents are not properly resubmitted within 60 days, there shall be an additional $10.00 penalty assessed, and the owner of the vehicle shall be required to remove immediately the license plate of the vehicle and return same to the commissioner. The license plate shall be deemed to have expired at 12:00 Midnight of the sixtieth day following the initial rejection of the documents, if the documents have not been resubmitted as required under this subsection."
SECTION 10. Said title is further amended in Code Section 40-3-33, relating to transfer of vehicle to or from dealer and records to be kept by dealers, by revising subsection (c) as follows:
"(c) Except as otherwise provided for in subsection (c) of Code Section 40-3-32, the dealer shall submit a properly completed certificate of title application and proper supporting documents to the commissioner or to the appropriate authorized county tag agent so that the application and supporting documents shall be submitted to the commissioner or the appropriate authorized county tag agent within 90 30 days from the date of the transfer of the vehicle. If the application and supporting documents are not submitted within that time, the dealer shall be required to pay a penalty of $10.00 in addition to the ordinary title fee as provided by this chapter. If the documents submitted in support of the title application are rejected, the dealer submitting the documents shall have 60 days from the date of initial rejection to resubmit the documents required by the commissioner for the issuance of title. If the documents are not properly resubmitted within 60 days, there shall be an additional penalty of $10.00 assessed against the dealer. The willful failure of a dealer to obtain a certificate of title for a purchaser shall be grounds for suspension or revocation of the dealer's state issued license and registration for the sale of motor vehicles."
SECTION 11. Said title is further amended in Code Section 40-3-34, relating to transfer of vehicle by operation of law, by revising subsections (a) and (b) as follows:
"(a) If the interest of an owner in a vehicle passes to another other than by voluntary transfer, the transferee shall, except as provided in subsection (b) of this Code section, mail or deliver to the commissioner or his appropriate authorized county tag agent the

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last certificate of title, if available; proof of the transfer; and his application for a new certificate in the form the commissioner prescribes, together with the application for change of registration for the vehicle so that the title application and other documents shall be received by the commissioner or his appropriate authorized county tag agent no later than 90 30 days from the date that the transferee acquired the interest in the vehicle. If the title application and other documents are not received within that time, the transferee shall be required to pay a penalty of $10.00 in addition to the ordinary title fee provided for by this chapter. If the documents submitted in support of the title application are rejected, the party submitting the documents shall have 60 days from the date of initial rejection to resubmit the documents required by the commissioner for the issuance of title. Should the documents not be properly resubmitted within the 60 day period, there shall be an additional $10.00 penalty assessed, and the owner of the vehicle shall be required to remove immediately the license plate of the vehicle and return same to the commissioner. The license plate shall be deemed to have expired at 12:00 Midnight of the sixtieth day following the initial rejection of the documents, if the documents have not been resubmitted as required in this subsection. If the last certificate of title is not available for transfer under this Code section, then the transferee shall forward such proof of transfer as the commissioner may by regulation prescribe. (b) If the interest of the owner is terminated, whether the vehicle is sold pursuant to a power contained in a security agreement or by legal process at the instance of the holder either of a security interest or a lien, the transferee shall promptly mail or deliver to the commissioner or his appropriate authorized county tag agent the last certificate of title, if available; proof of transfer; his application for a new certificate, in the form prescribed by the commissioner; and an affidavit made by or on behalf of the holder of a security interest in or lien on the vehicle with respect to the termination of the interest of the owner, so as to have the application and supporting documents submitted to the commissioner or his appropriate authorized county tag agent within 90 30 days from the date the transferee acquired the interest in the vehicle. If the application and supporting documents are not submitted within that time, the transferee shall be required to pay a penalty of $10.00 in addition to the ordinary title fee prescribed by this chapter. If the documents submitted in support of the title application are rejected, the transferee submitting the documents shall have 60 days from the date of initial rejection to resubmit the documents required by the commissioner for the issuance of title. If the documents are not properly resubmitted within 60 days, there shall be an additional $10.00 penalty assessed, and the owner of the vehicle shall be required to remove immediately the license plate of the vehicle and return same to the commissioner. The license plate shall be deemed to have expired at 12:00 Midnight of the sixtieth day following the initial rejection of the documents, if the documents have not been resubmitted as required under this subsection. If the holder of a security interest or lien succeeds to the interest of the owner and holds the vehicle for resale, he need not secure a new certificate of title but, upon transfer, shall promptly deliver to the

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3995

transferee the last certificate of title, if available, and such other documents as the commissioner may require by rule or regulation."
SECTION 12. Said title is further amended in Code Section 40-3-36, relating to cancellation of certificate of title for scrap, dismantled, or demolished vehicles, by revising paragraph (1) of subsection (a) as follows:
"(a)(1) Any registered owner or authorized agent of a registered owner who in any manner sells or disposes of any motor vehicle as scrap metal or parts only or who scraps, dismantles, or demolishes a motor vehicle shall within 72 hours mail or deliver the certificate of title to the commissioner for cancellation."
SECTION 13. Code Section 50-19-2 of the Official Code of Georgia Annotated, relating to the prohibition against operating a state vehicle without a seal or decal affixed to the front door, is amended by revising it in its entirety as follows:
"50-19-2. (a) It shall be unlawful for any person to operate on any public road in this state any motor vehicle which is owned or leased by the state or any branch, department, agency, commission, board, or authority of the state or which has been purchased or leased by any public official or public employee with state funds, unless there is affixed to the front door on each side of such vehicle a clearly visible decal or seal containing the name of or otherwise identifying the governmental entity owning or leasing such vehicle or on behalf of which entity funds were expended to purchase or lease such vehicle. This Code section shall not apply to any vehicle used for law enforcement or prosecution purposes or any vehicle assigned for the transportation of the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the executive head of any department of state government, the chancellor of the University System of Georgia, the Chief Justice of the Supreme Court of Georgia, or any Constitutional constitutional state official who is elected by the voters of the entire state, or any employees of the Georgia Lottery Corporation. (b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor."
SECTION 14. Sections 2, 3, 4, 5, and 13 through 15 of this Act shall become effective July 1, 2007. Sections 1, 6, 7, and 12 of this Act shall become effective January 1, 2008. Sections 8, 9, 10, and 11 of this Act shall become effective July 1, 2008.
SECTION 15. All laws and parts of laws in conflict with this Act are repealed.

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Representative Rice of the 51st moved that the House agree to the Senate substitute to HB 518.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H
Davis, S Day

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton
Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins
Jerguson Y Johnson, C E Johnson, T E Jones, J Y Jones, S
Jordan Y Kaiser
Keen Y Keown Y Knight
Knox Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk Lucas Y Lunsford Y Maddox Mangham E Manning Y Marin

Y Martin Y Maxwell
May McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A

Scott, M Y Sellier Y Setzler
Shaw Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Smyre Y Stanley-Turner Y Starr Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B E Tumlin Walker Y Watson Y Wilkinson Y Willard Williams, A Williams, E Y Williams, M Y Williams, R Wix Yates Richardson, Speaker

On the motion, the ayes were 139, nays 0.

The motion prevailed.

HB 698. By Representative Lewis of the 15th:

A BILL to be entitled an Act to authorize the City of Cartersville to exercise all redevelopment and other powers under Article IX, Section II, Paragraph

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3997

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 following Senate substitute was read:
A BILL
To authorize the City of Cartersville 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The City of Cartersville shall be and is authorized to exercise all redevelopment and other powers under Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended. The intention of this Act is to authorize the City of Cartersville to undertake and carry out community redevelopment, to create tax allocation districts, to issue tax allocation bonds, and to incur other obligations within the meaning of and as fully permitted under the provisions of Article IX, Section II, Paragraph VII(b) of the Constitution of the State of Georgia of 1983, as amended, and to authorize the City of Cartersville to exercise redevelopment powers as fully as the "Redevelopment Powers Law" may now or hereafter permit and not to limit any redevelopment powers permitted under the "Redevelopment Powers Law."
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Cartersville 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 Cartersville for approval or rejection. The municipal election superintendent shall conduct that election on a practicable date in 2007 or 2008 authorized under Code Section 21-2-540 of the O.C.G.A.; provided, however, that if conducting the election under this Act on earlier authorized dates is impracticable, then the municipal election superintendent shall conduct the election under this Act on the date of the presidential preference primary in 2008 and shall issue the call and conduct that election as provided by general law. The municipal 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 Bartow County. The ballot shall have written or printed thereon the words:

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"( ) YES Shall the Act be approved which authorizes the City of Cartersville to exercise redevelopment powers under the 'Redevelopment Powers Law,'
( ) NO as it may be amended from time to time, for the purpose of improving economic and social conditions in depressed areas within the city?"
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 1 of this Act shall become of full force and effect immediately. 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 the City of Cartersville. 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 end 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 698.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns
Butler Byrd Y Carter, A Y Carter, B

Y Dempsey Y Dickson 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 Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Golick

Y Holt Y Horne Y Houston
Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins
Jerguson Y Johnson, C E Johnson, T E Jones, J Y Jones, S
Jordan Y Kaiser
Keen Y Keown Y Knight

Y Martin Y Maxwell Y May
McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris
Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons

Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Y Shipp Y Sims, B Y Sims, C
Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton

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3999

Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox
Crawford, M Y Crawford, R
Davis, H Davis, S Day

Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A
Holmes

Y Knox Lakly
Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord
Loudermilk Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Peake Y Porter Y Powell
Pruett Y Ralston
Randall Y Reece Y Reese Y Rice
Roberts Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Teilhet Y Thomas, A.M Y Thomas, B E Tumlin
Walker Y Watson Y Wilkinson
Willard Y Williams, A
Williams, E Y Williams, M Y Williams, R
Wix Yates Richardson, Speaker

On the motion, the ayes were 136, nays 0.

The motion prevailed.

HB 362. By Representatives Bryant of the 160th, Gordon of the 162nd, Jackson of the 161st, Day of the 163rd, Stephens of the 164th and others:

A BILL to be entitled an Act to amend an Act creating a new charter for the City of Garden City, approved April 17, 1973 (Ga. L. 1973, p. 3581), as amended, so as to provide for the election by the mayor and the city council of a president of council who shall assume the duties of the mayor in the event that the mayor and the mayor pro tem are unavailable; to provide that the mayor pro tem and the president pro tem be elected by secret ballot; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The following Senate substitute was read:

A BILL

To amend an Act creating a new charter for the City of Garden City, approved April 17, 1973 (Ga. L. 1973, p. 3581), as amended, so as to provide for the election by the mayor and the city council of a president of council who shall assume the duties of the mayor in the event that the mayor and the mayor pro tem are unavailable; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

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An Act creating a new charter for the City of Garden City, approved April 17, 1973 (Ga. L. 1973, p. 3581), as amended, is amended by revising subsection (b) of Section 2.20 as follows: "(b) The Council shall meet for organization at its first regular meeting next following the meeting where the oath of office has been administered. The Council, by a majority vote of all members thereof, shall elect one of their number to be Mayor Pro Tem, who shall serve for a term of two years and until his successor is elected and qualified. The Council shall also, by majority vote of all the members thereof, elect one of their number, other than the Mayor and Mayor Pro Tem, to be President of Council who shall assume the Mayor's position in the event that the Mayor and Mayor Pro Tem are both unavailable. The President of Council shall serve for a term of two years and until his successor is elected and qualified. If the Mayor Pro Tem or President of Council leave office before their respective terms have expired, he shall be replaced by a majority vote of Council at any regular meeting of the City Council."
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.
HB 712. By Representatives Mangham of the 94th, Williams of the 89th, Watson of the 91st, Mosby of the 90th, Benfield of the 85th and others:
A BILL to be entitled an Act to provide for a nonbinding, advisory referendum for residents of the DeKalb County School System regarding whether school uniforms should be required by the DeKalb County Board of Education for students in kindergarten through ninth grades and subsequently phased in through grade 12; to provide for legislative purposes and findings; to provide for procedures and requirements relating thereto; to provide for a referendum; to provide for submission for preclearance; 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 712 (LC 33 1964) by striking lines 3 and 4 of page 1 and inserting in its place the following:
of Education for students in kindergarten through fifth grades; to provide for legislative purposes and findings; to provide for procedures
By striking lines 12 and 13 of page 1 and inserting in its place the following:

FRIDAY, APRIL 20, 2007

4001

be required for students in kindergarten through fifth grades. By striking lines 24 and 25 of page 1 and inserting in its place the following:
for students in kindergarten through fifth grades. The election superintendent shall By striking lines 8 and 9 of page 2 and inserting in its place the following:

( ) NO kindergarten through fifth grades wear school uniforms?"

By unanimous consent, the following roll call vote was made applicable to the previously read Bills.

On the agreement to the Senate substitute or amendment, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield
Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M Y Crawford, R
Davis, H

Y Dempsey Y Dickson 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 Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Y Henson Y Hill, C

Holt Y Horne Y Houston
Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T E Jones, J Y Jones, S
Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord
Loudermilk Lucas Y Lunsford Y Maddox Y Mangham

Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan
Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell
Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Scott, M Y Sellier
Setzler Shaw Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B E Tumlin Walker Y Watson Wilkinson Willard Y Williams, A Williams, E Y Williams, M Y Williams, R Wix

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Davis, S Day

Y Hill, C.A Y Holmes

E Manning Y Marin

Y Sailor Y Scott, A

Yates Richardson, Speaker

On the agreement to the Senate substitute or amendment, the ayes were 144, nays 0.

The House has agreed to the Senate substitute or amendment.

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 Millar of the 79th moved that the following Bill of the Senate be withdrawn from the Rules Calendar and recommitted to the Committee on Rules:

SB 83.

By Senators Weber of the 40th, Johnson of the 1st, Shafer of the 48th and Williams of the 19th:

A BILL to be entitled an Act to amend Title 36 of the O.C.G.A., relating to local government, so as to change certain local government provisions with respect to newly created municipalities; to provide for legislative intent; 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 as police stations, fire stations, cultural properties, or vacant properties within the geographical boundaries of the qualified municipality; to provide for procedures, conditions, and limitations; to specify additional service delivery strategy requirements regarding garbage and solid waste collection and disposal fees and fire protection services fees; to provide 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 Bills of the Senate were taken up for consideration and read the third time:

SB 94.

By Senators Wiles of the 37th, Hamrick of the 30th, Heath of the 31st, Mullis of the 53rd and Seabaugh of the 28th:

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 dispossessory proceedings, so as to define a term; to clarify the process for judgments by default; to provide for related matters; to repeal conflicting laws; and for other purposes.

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The following Committee substitute was read and adopted:
A BILL
To amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to define a term; to clarify the process for judgments by default; to change and provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, is revised by adding a new Code section to read as follows:
"44-7-49. As used in this article, the term 'writ of possession' means a writ issued to recover the possession of land or other property and such writ shall not contain restrictions, responsibilities, or conditions upon the landlord in order to be placed in full possession of the land or other property."
SECTION 2. Said chapter is further amended by revising subsection (a) of Code Section 44-7-53, relating to when writ of possession is issued, trial of issues, and possession pending trial as follows:
"(a) If the tenant fails to answer as provided in subsection (b) of Code Section 44-7-51, the court shall issue a writ of possession instanter notwithstanding Code Section 9-1155 or Code Section 9-11-62; and. The court, without the intervention of a jury, shall not require any further evidence nor hold any hearings and the plaintiff shall be entitled to a verdict and judgment by default for all rents due, in open court or in chambers, as if every item and paragraph of the affidavit provided for in Code Section 44-7-50 were supported by proper evidence, without the intervention of a jury."
SECTION 3. Said chapter is further amended by revising Code Section 44-7-30, relating to definitions, as follows:
"44-7-30. As used in this article, the term:
(1) 'Nonrefundable fee' means any money or other consideration paid or given by a tenant to a landlord under the terms of a residential rental agreement which the parties agreed would not be refunded. (1)(2) 'Residential rental agreement' means a contract, lease, or license agreement for the rental or use of real property as a dwelling place.

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(2)(3) 'Security deposit' means money or any other form of security given after July 1, 1976, by a tenant to a landlord which shall be held by the landlord on behalf of a tenant by virtue of a residential rental agreement and shall include, but not be limited to, damage deposits, advance rent deposits, and pet deposits. The term 'security deposit' does not include earnest money or pet fees Such term shall not include nonrefundable fees, or money or other consideration which are not to be returned to the tenant under the terms of the residential rental agreement or which were to be applied toward the payment of rent or reimbursement of services or utilities provided to the tenant."

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield
Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers
Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton
Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T E Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord
Loudermilk Lucas

Martin Y Maxwell
May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan
Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham
Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice
Roberts

Y Scott, M Y Sellier
Setzler Y Shaw
Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner Y Starr
Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B E Tumlin
Walker Y Watson Y Wilkinson
Willard Y Williams, A
Williams, E

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Crawford, M Y Crawford, R Y Davis, H Y Davis, S
Day

Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Williams, M 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.

SB 135. By Senators Hamrick of the 30th, Reed of the 35th and Mullis of the 53rd:

A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to criminal reproduction and sale of recorded material, so as increase penalties for reproducing, transferring, selling, distributing, or circulating certain recorded material; to provide for forfeiture of certain items; to provide for additional restitution as it relates to violation of Code Section 16-8-60, relating to reproduction of recorded material, transfer, sale, distribution, and circulation; 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 8 of Title 16 of the Official Code of Georgia Annotated, relating to criminal reproduction and sale of recorded material, so as increase penalties for reproducing, transferring, selling, distributing, or circulating certain recorded material; to provide for forfeiture of certain items; to provide for additional restitution as it relates to violation of Code Section 16-8-60, relating to reproduction of recorded material, transfer, sale, distribution, and circulation; 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 8 of Title 16 of the Official Code of Georgia Annotated, relating to criminal reproduction and sale of recorded material, is amended by revising Code Section 16-8-60, relating to reproducing, transferring, selling, distributing, or circulating certain recorded material, as follows:
"16-8-60.

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(a) It is unlawful for any person, firm, partnership, corporation, or association knowingly to:
(1) Transfer or cause to be transferred any sounds or visual images recorded on a phonograph record, disc, wire, tape, videotape, film, or other article on which sounds or visual images are recorded onto any other phonograph record, disc, wire, tape, videotape, film, or article without the consent of the person who owns the master phonograph record, master disc, master tape, master videotape, master film, or other device or article from which the sounds or visual images are derived; or (2) Sell; distribute; circulate; offer for sale, distribution, or circulation; possess for the purpose of sale, distribution, or circulation; cause to be sold, distributed, or circulated; cause to be offered for sale, distribution, or circulation; or cause to be possessed for sale, distribution, or circulation any article or device on which sounds or visual images have been transferred, knowing it to have been made without the consent of the person who owns the master phonograph record, master disc, master tape, master videotape, master film, or other device or article from which the sounds or visual images are derived. (b) It is unlawful for any person, firm, partnership, corporation, or association to sell; distribute; circulate; offer for sale, distribution, or circulation; or possess for the purposes of sale, distribution, or circulation any phonograph record, disc, wire, tape, videotape, film, or other article on which sounds or visual images have been transferred unless such phonograph record, disc, wire, tape, videotape, film, or other article bears the actual name and address of the transferor of the sounds or visual images in a prominent place on its outside face or package. (c) This Code section does shall not apply to any person who transfers or causes to be transferred any such sounds or visual images: (1) Intended for or in connection with radio or television broadcast transmission or related uses; (2) For archival purposes; or (3) Solely for the personal use of the person transferring or causing the transfer and without any profit being derived by the person from the transfer. (d) Every person convicted of violating Violation of this Code section is shall be guilty of a felony and is punishable upon conviction shall be punished as follows: (1) Upon first conviction, by a fine of not less than $500.00 nor more than $25,000.00, or by imprisonment for not less than one year nor more than two years and the judge may suspend, stay, or probate all but 24 hours of any term of imprisonment, or both such fine and imprisonment; (2) For the second or subsequent violations of conviction of violating this Code section, shall be punishable upon conviction by a fine of not less than $1,000.00 nor more than $100,000.00, or by imprisonment for not less than one year nor more than three years and the judge may suspend, stay, or probate all but 48 hours of any term of imprisonment, or both such fine and imprisonment; or (3) For the third or subsequent conviction of violating this Code section, by a fine of not less than $2,000.00 nor more than $250,000.00, by imprisonment for not less than

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4007

two nor more than five years and the judge may suspend, stay, or probate all but six days of any term of imprisonment, or both such fine and imprisonment. (e) This Code section shall neither enlarge nor diminish the right of parties to enter into a private contract. (f)(1) The following property shall be subject to forfeiture to the State of Georgia:
(A) Any phonograph record, disc, wire, tape, videotape, film, or other article onto which sounds or visual images have been transferred in violation of this Code section; (B) Any reproduction equipment, scanners, computer equipment, printing equipment, or other asset used to commit a violation of this Code section; or (C) Only property constituting proceeds derived from or realized through a violation of this Code section; except that no property of any owner shall be forfeited under this paragraph, to the extent of the interest of such owner, by reason of an act or omission established by such owner to have been committed or omitted without knowledge or consent of such owner. (2) The procedure for forfeiture and disposition of forfeited property under this subsection shall be as provided for under Code Section 16-13-49. (g) For purposes of imposing restitution pursuant to Chapter 14 of Title 17 when a person is convicted pursuant to this Code section, the court shall consider damages to any owner or lawful producer of a master phonograph record, master disc, master tape, master videotape, master film, or other device or article from which sounds or visual images are derived, or to the trade association representing such owner or lawful producer that has suffered injury as a result of the violation of this Code section. Restitution shall be based upon the aggregate wholesale value of lawfully manufactured and authorized recorded devices corresponding to the nonconforming recorded devices involved in the violation of this Code section and shall also include reasonable investigative costs related to the detection of the violation of this Code section."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Levitas of the 82nd moves to amend the Committee substitute to SB 135 as follows:
Page 3, line 3: after "(c)" strike the word "Only" and insert the word "only" between the words "proceeds" and "derived".
The following amendment was read:

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Representatives Abrams of the 84th and Franklin of the 43rd move to amend the Committee substitute to SB 135 as follows:
To insert at Page 2, Line 35 after "(f)(1)" the following:
"Upon conviction, the"
To strike "The".
Representative Fleming of the 117th moved that the Abrams amendment be printed and placed upon the desks.
The motion prevailed.
By unanimous consent, further consideration of SB 135 was suspended until later in the legislative day.
SB 148. By Senators Shafer of the 48th, Staton of the 18th, Thomas of the 54th, Rogers of the 21st, Heath of the 31st 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 the creation of the Georgia Commission for Saving the Cure and the membership, appointment, terms of office, and duties of such commission; to provide for certain funding mechanisms; 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 Saving the Cure and the membership, appointment, terms of office, and duties of such commission; to provide for certain funding mechanisms; to

FRIDAY, APRIL 20, 2007

4009

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 that stem cell research funds shall only be used for certain purposes; 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 "Saving the Cure 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 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 medical research and treatment; to promote principled and ethical stem cell research; and to encourage stem cell research with immediate clinical and medical applications.
31-46-2. As used in this chapter, the term:
(1) 'Amniotic fluid' means the fluid inside the amnion. (2) 'Permitted stem cell research' means stem cell research permitted under federal law and Senate Resolution 30, the 'Hope Offered through Principled and Ethical Stem Cell Research Act,' as approved by the United States Senate on April 11, 2007. (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-renew 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, 2008, the Georgia Commission for Saving the Cure, as created in Code Section 31-46-4, shall establish a network of postnatal tissue and fluid

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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 medical research and treatment in accordance with this chapter. (b) The Georgia Commission for Saving the Cure shall develop a program to educate pregnant patients with respect to the banking of postnatal tissue and fluid. The program shall include:
(1) Notice of the existence of the Newborn Umbilical Cord Blood Bank; (2) An explanation of the difference between public and private banking programs; (3) The medical process involved in the collection and storage of postnatal tissue and fluid; (4) The current and potential future medical uses of stored postnatal tissue and fluid; (5) The benefits and risks involved in the banking of postnatal tissue and fluid; and (6) The availability and cost of storing postnatal tissue and fluid in public and private umbilical cord blood banks. (c) Beginning June 30, 2009, all physicians and hospitals in this state shall inform pregnant patients of the full range of options for donation of postnatal tissue and fluids no later than 30 days from the commencement of the patient's third trimester of pregnancy or at the first consultation between the attending physician or the hospital, whichever is later; provided, however, that this subsection shall not be construed to require the participation of any physician who objects to the transfusion or transplantation of blood on the basis of bona fide religious beliefs. (d) Nothing in this Code section shall be construed to prohibit a person from donating postnatal tissue or fluid to a private blood and tissue bank or storing postnatal tissue or fluid with a private blood and tissue bank. (e) Any college or university, hospital, nonprofit organization, or private firm participating in the Newborn Umbilical Cord Blood Bank shall have or be subject to an institutional review board which shall be available on an ongoing basis to review the research procedures and conduct of any person desiring to conduct research with postnatal tissue and fluid from the bank. The institutional review board shall establish procedures to protect and ensure the privacy rights of postnatal tissue and fluid donors consistent with applicable federal guidelines.
31-46-4. (a) There is created the Georgia Commission for Saving the Cure which shall consist of 15 members appointed as provided in this Code section. The commission shall be assigned to the Division of Public Health of the Department of Human Resources for administrative purposes only, as prescribed in Code Section 50-4-3. (b) Seven members shall be appointed by the Governor. 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

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chairperson of the commission. If the chief executive officer of the Georgia 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 medical researcher in permitted stem cell research; and an attorney with experience in health policy 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 medical researcher in permitted stem cell research; and an attorney with experience in health policy 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, 2007. Appointments shall be made by the respective appointing authorities no later than June 15, 2007. 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 Saving the Cure 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 postnatal tissue and fluid to the Newborn Umbilical Cord Blood Bank pursuant to subsection (a) of Code Section 3146-3 consistent with applicable federal guidelines;

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(6) To develop a plan for making postnatal tissue and fluid collected under the Saving the Cure initiative available for medical research and 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 make grants and enter into agreements to support permitted stem cell research with immediate and clinical medical applications; (10) 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 (11) 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.
31-46-5. Any public funds expended for stem cell research shall conform to the requirements set forth in federal law and Senate Resolution 30, the 'Hope Offered through Principled and Ethical Stem Cell Research Act,' as approved by the United States Senate on April 11, 2007."
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 a new Code section to read as follows:
"48-7-63. (a) Each Georgia income tax return form for taxable years beginning on or after January 1, 2007, shall contain appropriate language, to be determined by the state revenue commissioner, offering the taxpayer the opportunity to contribute to permitted stem cell research, as defined is Code Section 31-46-2, through the Georgia Commission for Saving the Cure by donating either all or any part of any tax refund due, by authorizing a reduction in the refund check otherwise payable, or by

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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. (b) The Department of Revenue shall determine annually the total amount so contributed and shall transmit such amount to the Georgia Commission for Saving the Cure."

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, 2007.

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns Y Butler
Byrd Y Carter, A Y Carter, B Y Casas

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson
Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T E Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox

Y Martin Y Maxwell
May Y McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell E Morgan
Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake

Y Scott, M Y Sellier
Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet

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Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Graves Y Greene Y Hamilton
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 Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford
Maddox Y Mangham E Manning Y Marin

Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Thomas, A.M Y Thomas, B E Tumlin
Walker Y Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, M 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 Setzler of the 35th 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 100. By Senators Pearson of the 51st, Rogers of the 21st, Hawkins of the 49th, Schaefer of the 50th, Mullis of the 53rd and others:

A BILL to be entitled an Act to amend Code Section 16-9-4 of the Official Code of Georgia Annotated, relating to the crime of knowingly manufacturing, selling, or distributing false identification documents, so as to increase certain penalties; to provide for exceptions for persons over 21 years of age; 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black

Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson

Y Martin Y Maxwell
May Y McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell E Morgan

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield

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4015

Y Bridges Y Brooks
Bruce Y Bryant Y Buckner
Burkhalter Y Burns Y Butler
Byrd Y Carter, A Y Carter, B Y Casas
Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin
Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Jenkins Y Jerguson Y Johnson, C E Johnson, T E Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston
Randall Y Reece Y Reese
Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B E Tumlin
Walker Y Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, M 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 Abrams of the 84th 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 222. By Senators Grant of the 25th, Unterman of the 45th, Hooks of the 14th and Thomas of the 54th:

A BILL to be entitled an Act 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 revise the definition of "advanced practice registered nurse"; to revise language relating to the use of the title by a licensed registered nurse or advanced practice registered nurse; 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.

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On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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
Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T E Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas 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
McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan
Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston
Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor
Scott, A

Y Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F
Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner
Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B E Tumlin Y Walker Y Watson Y Wilkinson
Willard Y Williams, A
Williams, E Y Williams, M 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.

SB 236. By Senators Rogers of the 21st, Hudgens of the 47th, Thompson of the 33rd, Goggans of the 7th, Hawkins of the 49th and others:

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 definitions; to provide for notification by certain state agencies upon a breach of security regarding personal information; to amend Article 8

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of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to the offense of identity fraud, so as to change certain provisions relating to the elements of the offense of identity fraud; to provide for a victim's right to file a report with a law enforcement agency; to provide a short title; 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 34 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to identity theft, so as to provide for definitions; to provide for notification by certain data collectors upon a breach of security regarding personal information; to amend Article 8 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to the offense of identity fraud, so as to change certain provisions relating to the elements of the offense of identity fraud; to create the offense of identity fraud by receipt of fraudulent identification information; to provide for a victim's right to file a report with a law enforcement agency; to provide a short title; to modify certain 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. This Act shall be known and may be cited as the "Georgia Personal Identity Protection Act."
SECTION 2. Article 34 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to identity theft, is amended by revising Code Section 10-1-911, relating to definitions, as follows:
"10-1-911. As used in this article, the term:
(1) 'Breach of the security of the system' means unauthorized acquisition of an individual's computerized electronic data that compromises the security, confidentiality, or integrity of personal information of such individual maintained by an information broker or data collector. Good faith acquisition or use of personal information by an employee or agent of an information broker or data collector for the purposes of such information broker or data collector is not a breach of the security of the system, provided that the personal information is not used or subject to further unauthorized disclosure.

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(2) 'Data collector' means any state or local agency or subdivision thereof including any department, bureau, authority, public university or college, academy, commission, or other government entity; provided, however, that the term 'data collector' shall not include any governmental agency whose records are maintained primarily for traffic safety, law enforcement, or licensing purposes or for purposes of providing public access to court records or to real or personal property information. (2)(3) 'Information broker' means any person or entity who, for monetary fees or dues, engages in whole or in part in the business of collecting, assembling, evaluating, compiling, reporting, transmitting, transferring, or communicating information concerning individuals for the primary purpose of furnishing personal information to nonaffiliated third parties, but does not include any governmental agency whose records are maintained primarily for traffic safety, law enforcement, or licensing purposes. (3)(4) 'Notice' means:
(A) Written notice; (B) Telephone notice; (C) 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)(D) Substitute notice, if the information broker or data collector demonstrates that the cost of providing notice would exceed $250,000.00 $50,000.00, that the affected class of individuals to be notified exceeds 500,000 100,000, or that the information broker or data collector does not have sufficient contact information to provide written or electronic notice to such individuals. Substitute notice shall consist of all of the following:
(i) E-mail notice, if the information broker or data collector has an e-mail address for the individuals to be notified; (ii) Conspicuous posting of the notice on the information broker's or data collector's website page, if the information broker or data collector maintains one; and (iii) Notification to major state-wide media. Notwithstanding any provision of this paragraph to the contrary, an information broker or data collector that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this article shall be deemed to be in compliance with the notification requirements of this article if it notifies the individuals who are the subjects of the notice in accordance with its policies in the event of a breach of the security of the system. (4)(5) 'Person' means any individual, partnership, corporation, limited liability company, trust, estate, cooperative, association, or other entity. The term 'person' as used in this article shall not be construed to require duplicative reporting by any individual, corporation, trust, estate, cooperative, association, or other entity involved in the same transaction.

FRIDAY, APRIL 20, 2007

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(5)(6) 'Personal information' means an individual's first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted or redacted:
(A) Social security number; (B) Driver's license number or state identification card number; (C) Account number, credit card number, or debit card number, if circumstances exist wherein such a number could be used without additional identifying information, access codes, or passwords; (D) Account passwords or personal identification numbers or other access codes; or (E) Any of the items contained in subparagraphs (A) through (D) of this paragraph when not in connection with the individual's first name or first initial and last name, if the information compromised would be sufficient to perform or attempt to perform identity theft against the person whose information was compromised. The term 'personal information' does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records."
SECTION 3. Said article is further amended by revising Code Section 10-1-912, relating to notification required upon breach of security regarding personal information, as follows:
"10-1-912. (a) Any information broker or data collector that maintains computerized data that includes personal information of individuals shall give notice of any breach of the security of the system following discovery or notification of the breach in the security of the data to any resident of this state whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. The notice shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subsection (c) of this Code section, or with any measures necessary to determine the scope of the breach and restore the reasonable integrity, security, and confidentiality of the data system. (b) Any person or business that maintains computerized data on behalf of an information broker or data collector that includes personal information of individuals that the person or business does not own shall notify the information broker or data collector of any breach of the security of the data immediately system within 24 hours following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. (c) The notification required by this Code section may be delayed if a law enforcement agency determines that the notification will compromise a criminal investigation. The notification required by this Code section shall be made after the law enforcement agency determines that it will not compromise the investigation. (d) In the event that an information broker or data collector discovers circumstances requiring notification pursuant to this Code section of more than 10,000 residents of

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this state at one time, the information broker or data collector shall also notify, without unreasonable delay, all consumer reporting agencies that compile and maintain files on consumers on a nation-wide basis, as defined by 15 U.S.C. Section 1681a, of the timing, distribution, and content of the notices."
SECTION 4. Article 8 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to the offense of identity fraud, is amended by revising Code Section 16-9-121, relating to the elements of the offense, as follows:
"16-9-121. (a) A person commits the offense of identity fraud when without the authorization or permission of a person with the intent unlawfully to appropriate resources of or cause physical harm to that person, or of any other person, to his or her own use or to the use of a third party he or she willfully and fraudulently:
(1) Obtains or records identifying information of a person which would assist in accessing the resources of that person or any other person; or (2) Accesses or attempts to access the resources of a person through the use of identifying information. (1) Without authorization or consent, uses or possesses with intent to fraudulently use, identifying information concerning an individual; (2) Uses identifying information of an individual under 18 years old over whom he or she exercises custodial authority; (3) Uses or possesses with intent to fraudulently use, identifying information concerning a deceased individual; (4) Creates, uses, or possesses with intent to fraudulently use, any counterfeit or fictitious identifying information concerning a fictitious individual with intent to use such counterfeit or fictitious identification information for the purpose of committing or facilitating the commission of a crime or fraud on another person; or (5) Without authorization or consent, creates, uses, or possesses with intent to fraudulently use, any counterfeit or fictitious identifying information concerning a real individual with intent to use such counterfeit or fictitious identification information for the purpose of committing or facilitating the commission of a crime or fraud on another person. (b) A person commits the offense of identity fraud by receipt of fraudulent identification information when he or she willingly accepts for identification purposes identifying information which he or she knows to be fraudulent, stolen, counterfeit, or fictitious. In any prosecution under this subsection it shall not be necessary to show a conviction of the principal thief, counterfeiter, or fraudulent user. (c) The offenses created by this Code section shall not merge with any other offense. (d) This Code section shall not apply to a person under the age of 21 who uses a fraudulent, counterfeit, or other false identification card for the purpose of obtaining entry into a business establishment or for purchasing items which he or she is not of legal age to purchase."

FRIDAY, APRIL 20, 2007

4021

SECTION 5. Said article is further amended by adding a new Code section as follows:
"16-9-125.1. (a) A person who has learned or reasonably believes that he or she has been the victim of identity fraud may contact the local law enforcement agency with jurisdiction over his or her actual residence for the purpose of making an incident report. The law enforcement agency having jurisdiction over the complainant's residence shall make a report of the complaint and provide the complainant with a copy of the report. Where jurisdiction for the investigation and prosecution of the complaint lies with another agency, the law enforcement agency making the report shall forward a copy to the agency having such jurisdiction and shall advise the complainant that the report has been so forwarded. (b) Nothing in this Code section shall be construed so as to interfere with the discretion of a law enforcement agency to allocate resources for the investigation of crimes. A report created pursuant to this Code section is not required to be counted as an open case file."
SECTION 6. Said article is further amended by revising Code Section 16-9-126, relating to penalties for violations, as follows:
"16-9-126. (a) A violation of this article, other than a violation of Code Section 16-9-122, shall be punishable by imprisonment for not less than one nor more than ten years or a fine not to exceed $100,000.00, or both. Any person who commits such a violation for the second or any subsequent offense shall be punished by imprisonment for not less than three nor more than 15 years, a fine not to exceed $250,000.00, or both. (b) A violation of this article which does not involve the intent to commit theft or appropriation of any property, resource or other thing of value that is committed by a person who is less than 21 years of age, shall be punishable by imprisonment for not less than one nor more than three years or a fine not to exceed $ 5,000.00, or both. (b)(c) Any person found guilty of a violation of this article may be ordered by the court to make restitution to any consumer victim or any business victim of such fraud. (c)(d) Each violation of this article shall constitute a separate offense. (d)(e) Upon a conviction of a violation of this article, the court may issue any order necessary to correct a public record that contains false information resulting from the actions which resulted in the conviction."
SECTION 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and Section 4 shall apply to all offenses occurring on or after such date.

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JOURNAL OF THE HOUSE

SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the Committee substitute, the roll call was ordered and the vote was as follows:

N Abdul-Salaam N Abrams Y Amerson N Ashe Y Barnard N Bearden N Beasley-Teague N Benfield N Benton Y Black N Bridges N Brooks N Bruce N Bryant N Buckner Y Burkhalter N Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M N Crawford, R N Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson Y Dollar N Drenner
Dukes Y Ehrhart N England Y Epps Y Everson Y Fleming N Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin N Frazier Y Freeman N Gardner Y Geisinger Y Glanton N Golick N Gordon Y Graves Y Greene Y Hamilton Y Hanner
Harbin N Hatfield N Heard, J Y Heard, K
Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holmes

N Holt Y Horne Y Houston N Howard N Hudson N Hugley Y Jackson N Jacobs N James N Jamieson N Jenkins Y Jerguson N Johnson, C E Johnson, T
Jones, J N Jones, S N Jordan N Kaiser Y Keen N Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis N Lindsey N Lord Y Loudermilk
Lucas Y Lunsford N Maddox N Mangham E Manning Y Marin

Y Martin Y Maxwell
May Y McCall N McKillip N Meadows Y Millar Y Mills N Mitchell E Morgan Y Morris N Mosby N Mumford N Murphy Y Neal Y Nix N Oliver
O'Neal Parham Y Parrish N Parsons Y Peake N Porter Y Powell Y Pruett E Ralston N Randall N Reece N Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders N Sailor Y Scott, A

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre
Stanley-Turner N Starr Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B E Tumlin Y Walker N Watson
Wilkinson Willard Y Williams, A Williams, E Y Williams, M Y Williams, R N Wix Y Yates Richardson, Speaker

On the adoption of the Committee substitute, the ayes were 94, nays 67.

The Committee substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

FRIDAY, APRIL 20, 2007

4023

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier Y Freeman
Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T
Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox
Mangham E Manning Y Marin

Y Martin Y Maxwell
May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris
Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver
O'Neal Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett E Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Stanley-Turner Y Starr Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B E Tumlin Y Walker Watson Y Wilkinson Y Willard Williams, A Williams, E Y Williams, M 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 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.

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SB 251. By Senator Thompson of the 5th:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 40 of the O.C.G.A., relating to the registration and licensing of motor vehicles, so as to require the establishment by the Department of Revenue of an Internet website for stolen and towed motor vehicles; to require that each tow truck or wrecker operator shall post the vehicle identification numbers and license plate numbers of certain motor vehicles that are towed by such operator on such website within certain periods of time; to provide for penalties for failing to post such information; to require law enforcement agencies in this state to post the vehicle identification numbers and license plate numbers of stolen vehicles on such website; to provide for enforcement by the Department of Revenue; to provide for related matters; 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 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of motor vehicles, so as to require the establishment by the Department of Revenue of an Internet website for stolen and towed motor vehicles; to require that certain persons shall post the vehicle identification numbers and license plate numbers of certain motor vehicles that are towed or reported stolen; to provide for penalties for failing to post such information; to provide for certain required features of such website; to require law enforcement agencies in this state to post the vehicle identification numbers and license plate numbers of stolen vehicles to such website; to provide for enforcement by the Department of Revenue; to provide for the promulgation of rules and regulations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of motor vehicles, is amended by adding a new Code Section 40-2-11 to read as follows:
"40-2-11. (a) The Department of Revenue shall establish an Internet website for the purpose of posting the vehicle identification numbers and license plate numbers of motor vehicles that are towed without the knowledge or consent of the owner or operator of such vehicle and vehicles that have been reported as stolen to law enforcement authorities in this state. Such website shall store the vehicle identification number and license plate

FRIDAY, APRIL 20, 2007

4025

number of each such vehicle that was towed without the knowledge or consent of the owner or operator of such vehicle along with a notation of the location where such vehicle is stored and a contact number for such storage facility. Such website shall also store the vehicle identification number and license plate number of each vehicle that has been reported as being stolen to law enforcement authorities in this state with a notation that such vehicle has been reported as being stolen. Such website shall be designed in a manner and contain other such criteria as may be determined by the Department of Revenue to make such website useful for the public to determine if a vehicle reported as stolen has in fact been towed or impounded. Such website shall be accessible for viewing by the public.
(b)(1) Each tow truck and wrecker operator in this state shall, within 24 hours of towing a motor vehicle without the knowledge or consent of the owner or operator of such motor vehicle, enter or cause to be stored on the website established under subsection (a) of this Code section the vehicle identification number and license plate number of such vehicle and a notation of the location where such vehicle is stored and a contact number for such storage facility. (2) The operator of any storage facility or repair shop in which a vehicle is stored:
(A) After such vehicle has been towed without the knowledge or consent of the owner or operator of such vehicle; or (B) After such vehicle has been reported as stolen to law enforcement authorities in this state shall, within 24 hours of such vehicle being towed to such location, verify that the information required under this Code section has been timely entered on the website established under subsection (a) of this Code section. In the event such information has not been entered, the operator shall enter or cause to be posted on the website the required information within 24 hours of such vehicle being towed to such location. (3) Any tow truck or wrecker operator or operator of any storage facility or repair shop who fails to comply with the requirements of paragraphs (1) and (2) of this subsection due to lack of Internet capability shall report the required information to the Department of Revenue by an alternative method to be established by the department. (c) Each tow truck or wrecker operator or operator of a storage facility or repair shop who is required to post the information required by subsection (b) of this Code section but who fails timely to post or cause to be posted such information shall be subject to a civil penalty in the amount of $1,000.00 for each such violation. Additionally, any individual who is required to post the information required by subsection (b) of this Code section but who fails timely to post or cause to be posted such information shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor, shall not be entitled to any storage fees, shall not be eligible to contract with or serve on a rotation list providing wrecker services for this state or any political subdivision thereof, and shall not be licensed by any municipal authority to provide removal of improperly parked cars under Code Section 44-1-13.

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(d) Each law enforcement agency in this state receiving a report of a stolen motor vehicle shall post or cause to be posted on the website established under subsection (a) of this Code section the vehicle identification numbers and license plate numbers of such motor vehicle. (e) Any person who, without authorization, tampers with such website or in any manner interferes with such website shall be guilty of a misdemeanor of a high and aggravated nature. (f) The Department of Revenue shall be authorized to promulgate such rules and regulations as it deems necessary to implement the provisions of this Code section."
SECTION 2. This Act shall become effective on January 1, 2008.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Rice of the 51st and Hembree of the 67th move to amend the Senate Public Safety and Homeland Security Committee substitute to SB 251 by adding after "regulations;" on line 9 on page 1 the following:
to amend Code Section 40-5-147 so as to change provisions relating to issuance of commercial drivers' licenses and permits; to amend Code Section 40-5-150 so as to provide for expiration of commercial drivers' licenses;
By adding the following new sections and renumbering the existing sections accordingly:
SECTION 2. Code Section 40-5-147, relating to the requirements for issuing a commercial driver's license or instruction permit, is amended by revising paragraph (1) of subsection (a) as follows:
"(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."

FRIDAY, APRIL 20, 2007

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SECTION 3. Code Section 40-5-150, relating to commercial drivers' licenses, is amended by revising subsections (g) and (h) as follows:
"(g) Except as provided for in Code Section 40-5-21.1, the The commercial driver's license shall expire on the licensee's birthdate in the fourth fifth year following the issuance of such license. (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."

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole

Y Dempsey Y Dickson 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 Frazier Y Freeman
Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
Harbin

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs
James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S
Jordan Y Kaiser
Keen Y Keown
Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis

Martin Y Maxwell
May Y McCall Y McKillip Y Meadows Y Millar
Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett E Ralston Y Randall

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp
Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre
Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B E Tumlin
Walker Y Watson

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Y Coleman Y Collins
Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 155, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Jordan of the 77th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Fleming of the 117th assumed the chair.

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 162. By Representatives Martin of the 47th, Burkhalter of the 50th and Jones of the 46th:

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 for a limited period of time with respect to sales of certain tangible personal property used in direct connection with the construction of a performing arts amphitheater 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.

The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Rogers of the 21st, Shafer of the 48th, and Moody of the 56th.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:

FRIDAY, APRIL 20, 2007

4029

HB 219. By Representatives Royal of the 171st, O`Neal of the 146th, Roberts of the 154th and Black of the 174th:
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 prepayments of certain local sales and use taxes with respect to motor fuels; to provide for procedures, conditions, and limitations; to change certain provisions regarding penalties; to change certain provisions regarding taxation of motor fuel; to change certain provisions regarding sales and use tax exemptions regarding motor fuel; to change certain provisions regarding refunds of motor fuel taxes; to change certain provisions regarding the second motor fuel tax; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Williams of the 19th, Rogers of the 21st, and Pearson of the 51st
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 225. By Representatives Royal of the 171st, Golick of the 34th, Roberts of the 154th, Keen of the 179th, O`Neal of the 146th and others:
A BILL to be entitled an Act to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income for state income tax purposes, so as to change certain provisions regarding the deduction for contributions to certain college savings plans; to provide an effective date; to provide 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: Johnson of the 1st, Williams of the 19th, and Rogers of the 21st.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 233. By Representatives Ralston of the 7th, Mumford of the 95th, Bearden of the 68th, Oliver of the 83rd and Forster of the 3rd:
A BILL to be entitled an Act to amend Chapter 5 of Title 30 and Code Section 31-8-81 of the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons and definitions for the "Long-term Care Facility Resident Abuse Reporting Act," respectively, so as to revise the

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definition of the term "exploitation"; to change provisions relating to criminal penalties; 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: Hill of the 4th, Rogers of the 21st, and Pearson of the 51st.
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 205. By Senators Thomas of the 54th, Balfour of the 9th, Henson of the 41st, Wiles of the 37th, Unterman of the 45th 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 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.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Thomas of the 54th, Balfour of the 9th, and Henson of the 41st.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 445. By Representative Royal of the 171st:
A BILL to be entitled an Act to amend Code Section 48-5-7.4 of the O.C.G.A., 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 a contingent effective date; to provide for applicability; to provide for contingent repeal; to repeal conflicting laws; and for other purposes.

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The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Hooks of the 14th, Rogers of the 21st, and Pearson of the 51st.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 451. By Representatives Lewis of the 15th, Stephens of the 164th, Parrish of the 156th and Watson of the 91st:
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 taxation, so as to provide for a program of tax refunds for companies creating certain tourism attractions; to provide for a short title; to define terms; to state legislative findings; to provide for conditions of eligibility and approval by the Department of Economic Development and a local government; to provide for agreements between that department and companies; to provide for regulations; 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: Seabaugh of the 28th, Pearson of the 51st, and Mullis of the 53rd.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 587. By Representatives May of the 111th, Harbin of the 118th, Fleming of the 117th and Roberts of the 154th:
A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to the distribution, storage, and sale of gas, so as to provide for revocation of a certificate of public convenience and necessity if the holder of the certificate has not within five years of receiving the certificate begun construction or operation of any pipeline, or distribution system, or any extension thereof, in substantially all of the territory covered by such certificate; 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: Seabaugh of the 28th, Cowsert of the 46th, and Shafer of the 48th.

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The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 186. By Representatives Cole of the 125th, O`Neal of the 146th, Smith of the 129th, Golick of the 34th, Maddox of the 172nd 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 a five-year exemption regarding the sale of tangible personal property to, or used in or for the construction of, a new alternative fuel facility dedicated exclusively to the processing and production of ethanol, biodiesel, and butanol; to provide for definitions; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Bulloch of the 11th, Tolleson of the 20th, and Heath of the 31st.
The Senate insists on its substitute to the following bills of the House:
HB 48. By Representatives Chambers of the 81st, Bearden of the 68th and Geisinger of the 48th:
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 redefine certain terms; to repeal conflicting laws; and for other purposes.
HB 214. By Representatives Barnard of the 166th, Smith of the 70th, Stephens of the 164th, Parsons of the 42nd, Lane of the 158th and others:
A BILL to be entitled an Act to amend Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Jekyll Island-- State Park Authority, so as to provide for a renewal of the property lease to the authority; to extend the existence of the authority consistent with such lease renewal; to provide for legislative oversight of the authority; to provide for legislative intent; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 354. By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend Titles 36 and 48 of the Official Code of Georgia Annotated, relating, respectively, to local government and revenue

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and taxation, so as to establish procedures and due dates for notification of homeowner tax relief grants; to provide for recording of tax executions; to change certain income requirements for taxpayers 62 years of age or older seeking a homestead exemption for school tax purposes; to change certain provisions regarding the transmission of resolutions setting the terms of members of boards of tax assessors; to provide for additional return filing requirements for public utilities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 463. By Representatives McCall of the 30th, Powell of the 29th, Burns of the 157th, Roberts of the 154th, Lunsford of the 110th and others:
A BILL to be entitled an Act to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, so as to change certain provisions relating to exemptions from said chapter; to change certain provisions relating to education and training requirements relative to said chapter, required programs, instructor qualifications, and expiration of certification; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 559. By Representatives Kaiser of the 59th, Sheldon of the 105th, Ashe of the 56th, Jones of the 46th, Thomas of the 55th and others:
A BILL to be entitled an Act to amend Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for teachers and other school personnel in elementary and secondary education, so as to provide for teachers and employees of charter schools to be considered employees for purposes of participating in the health insurance plans for teachers and other school personnel; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate recedes from its amendment to the following bills of the House:
HB 247. By Representatives Smith of the 113th, Shaw of the 176th, Roberts of the 154th, Stephens of the 164th, England of the 108th 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 change certain provisions relating to acquisition and construction of water and sewage systems; to prohibit counties, municipalities, and local authorities from requiring connection with or use of water supplied by a public water system except when other water is unfit; to prohibit charges or fees for services made

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available but not used; to provide for applicability; to provide for exceptions; to repeal conflicting laws; and for other purposes.
HB 374. By Representatives Mills of the 25th, Stephens of the 164th, Parrish of the 156th and Shaw of the 176th:
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 hotel motel tax, so as change certain provisions regarding definitions applicable to such tax; 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 677. By Senators Hill of the 32nd, Fort of the 39th, Davenport of the 44th, Thomas of the 2nd, Balfour of the 9th and others:
A RESOLUTION urging the boards of trustees of the various public retirement systems in the state not to invest in companies which are included in the terrorism sanctions issued by the Office of Foreign Assets Control of the United States Department of the Treasury pursuant to Executive Order 13224, signed by the President on September 23, 2001, specifically including, but not limited to, any company doing business with or in the Islamic Republic of Iran, Republic of Sudan, Syrian Arab Republic, and Democratic People's Republic of Korea; to encourage divestiture of such investments; and for other purposes.
Referred to the Committee on Retirement.
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 205. By Senators Thomas of the 54th, Balfour of the 9th, Henson of the 41st, Wiles of the 37th, Unterman of the 45th 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 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.

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Representative Knox of the 24th moved that the House adhere to its position in insisting on its substitute to SB 205 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, Hembree of the 67th and Cooper of the 41st.
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 246. By Senators Wiles of the 37th, Smith of the 52nd, Johnson of the 1st and Williams of the 19th:
A RESOLUTION creating the Joint Study Committee on Indigent Defense; and for other purposes
The following Committee substitute was read and adopted:
A RESOLUTION
Creating the Joint Study Committee on Indigent Defense; and for other purposes.
WHEREAS, the representation of those indigent persons charged with crimes in this state is important to ensure that such individuals are treated fairly and are afforded all of the rights guaranteed to them by the United States and Georgia Constitutions; and
WHEREAS, the provision of indigent defense services is an issue which the General Assembly has addressed on numerous occasions in the past and has attempted several different delivery methods with varying degrees of success; and
WHEREAS, most recently, the General Assembly created the Georgia Public Defender Standards Council and established state funded, circuit-wide public defenders for the state with the intent that such programs would provide an efficient, appropriate, and costeffective service delivery model for indigent defense services; and
WHEREAS, in the short time that this program has been in existence, it is already experiencing significant budgetary shortfalls, placing the entire program in peril; and

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WHEREAS, significant reforms are needed to ensure the economic viability of indigent defense services in this state to meet the obligations of the state in this area; and
WHEREAS, the General Assembly needs to study these issues to determine the causes for the budgetary shortfalls in the present service delivery model and whether the present model is best for the state or whether a more efficient system can be devised to more economically protect the rights of indigents charged with crimes in this state.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on Indigent Defense to be composed of 16 members. Six members shall be appointed by the Lieutenant Governor. Four members appointed by the Lieutenant Governor shall be members of the Senate. The Lieutenant Governor shall designate one of the members of the Senate to serve as cochairperson of the committee. One member appointed by the Lieutenant Governor shall be an attorney in this state with significant experience in criminal defense matters and one member shall be a county commission chairperson in this state. Six members shall be appointed by the Speaker of the House of Representatives, four of whom shall be members of the House of Representatives. The Speaker shall designate one of the members from the House of Representatives to serve as cochairperson of the committee. One member appointed by the Speaker shall be an attorney in this state with significant experience in criminal defense matters and one shall be a county commission chairperson in this state. One member shall be a district attorney appointed by the Prosecuting Attorneys' Council of the State of Georgia. Two members shall be superior court judges appointed by the executive committee of The Council of Superior Court Judges. One member shall be the chairperson the Georgia Public Defender Standards Council. 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 actions or legislation that 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 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 attorneys, the county commission chairperson, the district attorneys, and the superior court judges shall not receive any compensation for their service on the committee but shall be reimbursed for their actual expenses incurred in serving on the committee. 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 that the committee makes a report of its findings and recommendations with suggestions for proposed legislation, if any, such

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report shall be made on or before the convening of the 2008 session of the General Assembly, at which time the committee shall stand abolished.

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler
Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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
Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S
Jordan Y Kaiser
Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Martin Y Maxwell
May Y McCall Y McKillip Y Meadows Y Millar
Mills Y Mitchell E Morgan Y Morris Y Mosby
Mumford Y Murphy
Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Thomas, B E Tumlin Walker Y Watson Y Wilkinson Y Willard Y Williams, A Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker

On the adoption of the Resolution, by substitute, the ayes were 153, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

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SR 365. By Senators Mullis of the 53rd, Pearson of the 51st, Whitehead, Sr. of the 24th, Hill of the 32nd, Goggans of the 7th and others:

A RESOLUTION creating the Joint Study Committee on Transportation Funding; 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan
Cole Coleman Y Collins Y Cooper Y Cox Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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
Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins
Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S
Jordan Y Kaiser
Keen Y Keown Y Knight
Knox Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Martin Y Maxwell
May Y McCall Y McKillip Y Meadows
Millar Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Porter Y Powell Y Pruett Y Ralston Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C
Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Teilhet Y Thomas, A.M Y Thomas, B E Tumlin Walker Y Watson Y Wilkinson Y Willard Y Williams, A Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker

On the adoption of the Resolution, the ayes were 148, nays 0.

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The Resolution, having received the requisite constitutional majority, was adopted.

SB 280. By Senators Moody of the 56th, Staton of the 18th, Chance of the 16th and Shafer of the 48th:

A BILL to be entitled an Act to amend Code Section 50-25-7.7 of the Official Code of Georgia Annotated, relating to ethical standards for the executive director and employees of the Georgia Technology Authority, so as to provide for the construction and interpretation of the Code section; 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 Abrams Y Amerson
Ashe Y Barnard Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter
Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H

Y Dempsey Y Dickson Y Dollar
Drenner Y Dukes
Ehrhart Y England Y Epps
Everson Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Gordon Y Graves Y Greene Y Hamilton Y Hanner Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall E Hembree Henson Y Hill, C

Holt Y Horne Y Houston Y Howard Y Hudson
Hugley Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Jordan Y Kaiser Keen Y Keown Y Knight Knox Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham

Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar E Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix N Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake
Porter Y Powell
Pruett Y Ralston
Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Stanley-Turner Y Starr Y Stephens Stephenson Y Talton Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Walker Y Watson Y Wilkinson Y Willard Y Williams, A Williams, E Y Williams, M Y Williams, R N Wix

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Y Davis, S Y Day

Hill, C.A Y Holmes

E Manning Y Marin

Y Sailor Scott, A

Y Yates Richardson,
Speaker

On the passage of the Bill, the ayes were 140, nays 2.

The Bill, having received the requisite constitutional majority, was passed.

Representative Abrams of the 84th stated that she inadvertently voted "aye" on the preceding roll call. She 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 passed by substitute, by the requisite constitutional majority, the following bills of the House:

HB 448. By Representatives Bridges of the 10th and Maxwell of the 17th:

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 establish two funds for the provision of term life insurance to certain eligible persons; to provide for a retired and vested inactive members fund and an active members fund; to provide for fund assets; to provide for contributions to the fund; to provide for the management and investing of fund assets; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 549. By Representative Burkhalter of the 50th:

A BILL to be entitled an Act to amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to establish requirements for basic therapy services for children with disabilities; to provide for legislative findings; to provide for definitions; to provide certain requirements relating to administrative prior approval for services and appeals; to provide for a modification to the state plan for medical assistance regarding the rate of payment to providers of medical assistance services; 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:

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SB 188. By Senators Thompson of the 33rd and Hamrick of the 30th:
A BILL to be entitled an Act to amend Article 14 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to the foster parents bill of rights, so as to provide that the bill of rights applies to foster parents caring for children who are privately placed; to provide for an administrative hearing for aggrieved parties; 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 14 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to the foster parents bill of rights, so as to provide for findings at the General Assembly; to provide that foster parents who care for children in the custody of the Department of Human Resources shall have the right to file a grievance; to provide that the department shall make certain considerations in developing certain policies; to provide for certain policies; 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 14 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to the foster parents bill of rights, is amended by revising Code Section 49-5-281, relating to the bill of rights for foster parents, as follows:
"49-5-281. (a) The General Assembly finds that foster parents who are volunteers providing care for children who are in the custody of the Department of Human Resources play an integral, indispensable, and vital role in the state's effort to care for dependent children displaced from their homes. The General Assembly further finds that it is in the best interest of Georgia's child welfare system to acknowledge foster parents as active and participating members of this system and to support them through the following bill of rights for foster parents who care for children in the custody of the Department of Human Resources through direct approval and placement by the department:
(1) The right to be treated by the Division of Family and Children Services of the Department of Human Resources and other partners in the care of abused children with dignity, respect, and trust as a primary provider of foster care and a member of the professional team caring for foster children; (2) The right not to be discriminated against on the basis of religion, race, color, creed, gender, marital status, national origin, age, or physical handicap;

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(3) The right to continue with his or her own family values and beliefs, so long as the values and beliefs of the foster child and the birth family are not infringed upon and consideration is given to the special needs of children who have experienced trauma and separation from their families. This shall include the right to exercise parental authority within the limits of policies, procedures, and other directions of the Division of Family and Children Services and within the limits of the laws of the State of Georgia; (4) The right to receive both standardized pre-service training, including training in Division of Family and Children Services policies and procedures and appropriate ongoing training, by the Division of Family and Children Services or the placing agency at appropriate intervals to meet mutually assessed needs of the child and to improve foster parents' skills and to apprise foster parents of any changes in policies and procedures of the Division of Family and Children Services and any changes in applicable law; (5) The right to be apprised of information, laws, and guidelines on the obligations, responsibilities, and opportunities of foster parenting and to be kept informed of any changes in laws, policies, and procedures regarding foster parenting by the Division of Family and Children Services in a timely manner and at least annually; (6) The right to receive timely financial reimbursement according to the agreement between the foster parents and the Department of Human Resources from funds appropriated by the General Assembly and to be notified of any costs or expenses for which the foster parent may be eligible for reimbursement; (7) The right to receive information from the Division of Family and Children Services on how to receive services and reach personnel 24 hours per day, seven days per week; (8) The right prior to the placement of a child to be notified of any issues relative to the child that may jeopardize the health and safety of the foster family or the child or alter the manner in which foster care should be administered; (9) The right to discuss information regarding the child prior to placement. The Division of Family and Children Services will provide such information as it becomes available as allowable under state and federal laws; (10) The right to refuse placement of a child in the foster home or to request, upon reasonable notice, the removal of a child from the foster home without fear of reprisal or any adverse affect on being assigned any future foster or adoptive placements; (11) The right to receive any information through the Division of Family and Children Services regarding the number of times a foster child has been moved and the reasons therefor; and to receive the names and phone numbers of the previous foster parents if the previous foster parents have authorized such release and as allowable under state and federal law; (12) The right, at any time during which a child is placed with the foster parent, to receive from the Division of Family and Children Services any and all additional pertinent information relevant to the care of the child;

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(13) The right to be provided with a written copy of the individual treatment and service plan concerning the child in the foster parent's home and to discuss such plan with the case manager, as well as reasonable notification of any changes to that plan; (14) The right to participate in the planning of visitation with the child and the child's biological family with the foster parents recognizing that visitation with his or her biological family is important to the child; (15) The right to participate in the case planning and decision-making process with the Division of Family and Children Services regarding the child as provided in Code Section 15-11-58; (16) The right to provide input concerning the plan of services for the child and to have that input considered by the department; (17) The right to communicate for the purpose of participating in the case of the foster child with other professionals who work with such child within the context of the professional team, including, but not limited to, therapists, physicians, and teachers, as allowable under state and federal law; (18) The right to be notified in advance, in writing, by the Division of Family and Children Services or the court of any hearing or review where the case plan or permanency of the child is an issue, including periodic reviews held by the court or by the Judicial Citizen Review Panel, hearings following revocation of the license of an agency which has permanent custody of a child, permanency hearings, and motions to extend custody, in accordance with Code Section 15-11-58; (19) The right to be considered, where appropriate, as a preferential placement option when a child who was formerly placed with the foster parents has reentered the foster care system; (20) The right to be considered, where appropriate, as the first choice as a permanent parent or parents for a child who, after 12 months of placement in the foster home, is released for adoption or permanent foster care; (21) The right to be provided a fair and timely investigation of complaints concerning the operation of a foster home; (22) The right to an explanation of a corrective action plan or policy violation relating to foster parents; and (23) The right, to the extent allowed under state and federal law, to have an advocate present at all portions of investigations of abuse and neglect at which an accused foster parent is present. Child abuse and neglect investigations shall be investigated pursuant to Division of Family and Children Services policies and procedures, and any removal of a foster child shall be conducted pursuant to those policies and procedures. The Division of Family and Children Services will permit volunteers with the Adoptive and Foster Parent Association of Georgia to be educated concerning the procedures relevant to investigations of alleged abuse and neglect and the rights of accused foster parents. After such training, a volunteer will be permitted to serve as an advocate for an accused foster parent. All communication received by the advocate in this capacity shall be strictly confidential.

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(b) This bill of rights shall be given full consideration when Division of Family and Children Services policies regarding foster care and adoptive placement are developed. (c) Foster parents who care for children in the custody of the Department of Human Resources through direct approval and placement by the department shall have the right to file a grievance in response to any violation of this article, which shall be such foster parents' exclusive administrative remedy for any violation of this article. The Division of Family and Children Services and the Office of the Child Advocate for the Protection of Children, along with an advisory committee comprised in part of representatives from the Adoptive and Foster Parent Association of Georgia, and Georgia Child Care Association who provide private placements will develop a grievance procedure, including a mediation procedure, to be published in departmental policy manuals and the Foster Parent Handbook no later than July 1, 2005. (d) The General Assembly further finds that it is also in the best interest of Georgia's child welfare system for the Division of Family and Children Services of the Department of Human Resources to recognize the bill of rights, with reasonable modifications made to adapt the provisions as required to make them applicable to private agencies, by incorporating them into contracts with private agencies serving children in the custody of the Department of Human Resources. The Department of Human Resources shall, by contract, require that providers, with whom it contracts for the placement of children in its custody, give full consideration to the rights in subsection (a) of this Code section in developing their policies, practices, and procedures regarding foster care and adoptive placement. The department shall provide information needed by the contractors to meet the requirements of this subsection in a timely manner. (e) The Department of Human Resources, in consultation with the representatives of Georgia Association of Homes and Services for Children and other appropriate provider associations and the Adoptive and Foster Parent Association of Georgia, shall develop a grievance procedure for dealing with any grievances their foster parents have in response to any violation of this article, no later than July 1, 2007. The department shall enforce this provision through policies and procedures and through its contracts with providers."

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 Abrams Y Amerson

Dempsey Y Dickson Y Dollar

Y Holt Horne
Y Houston

Martin Maxwell Y May

Y Scott, M Y Sellier Y Setzler

FRIDAY, APRIL 20, 2007

4045

Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H
Davis, S Y Day

Y Drenner Y Dukes
Ehrhart Y England Y Epps Y Everson
Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin
Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Howard Y Hudson
Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser
Keen Y Keown Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord
Loudermilk Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y McCall Y McKillip Y Meadows Y Millar E Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake
Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal
Rynders Y Sailor Y Scott, A

Y Shaw Y Sheldon Y Shipp Y Sims, B
Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin
Walker Y Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, M 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.

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 748. By Representatives Reese of the 98th, Coleman of the 97th, Coan of the 101st and Sheldon of the 105th:

A BILL to be entitled an Act to authorize the City of Suwanee 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

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provide effective dates; to provide for automatic repeal under certain circumstances; 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 substitute to HB 748 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 Reese of the 98th, Coan of the 101st and Sheldon of the 105th.
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 212. By Senators Balfour of the 9th, Williams of the 19th and Rogers of the 21st:
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 which are not required to be made available for public inspection and copying, so as to provide that disclosure to the news media shall not be required for social security numbers or the day and month of birth of public employees; 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 which are not required to be made available for public inspection and copying, so as to provide that disclosure to the news media shall not be required for social security numbers or the day and month of birth of public employees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.

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4047

Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records which are not required to be made available for public inspection and copying, is amended by revising subparagraph (a)(11.3)(A) as follows:
"(11.3)(A) An individual's social security number, mother's birth name, credit card information, debit card information, bank account information, financial data or information, and insurance or medical information in all records, and if technically feasible at reasonable cost, day and month of birth, which shall be redacted prior to disclosure of any record requested pursuant to this article; provided, however, that such information shall not be redacted from such records if the person or entity requesting such records requests such information in a writing signed under oath by such person or a person legally authorized to represent such entity which states that such person or entity is gathering information as a representative of a news media organization for use in connection with news gathering and reporting; and provided, further, that such access shall be limited to social security numbers and day and month of birth; and provided, further, that this news media organization exception for access to social security numbers and day and month of birth and the other protected information set forth in this subparagraph shall not apply to teachers, and employees of a public school, or public employees as set forth in paragraph (13.1) of this subsection. For purposes of this subparagraph, the term 'public employee' means any nonelected employee of the State of Georgia or its agencies, departments, or commissions or any county or municipality or its agencies, departments, or commissions."

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 N Abrams Y Amerson N Ashe Y Barnard
Bearden N Beasley-Teague N Benfield Y Benton

Y Dempsey Y Dickson Y Dollar N Drenner N Dukes Y Ehrhart Y England Y Epps Y Everson

Y Holt N Horne Y Houston
Howard Hudson N Hugley N Jackson Y Jacobs N James

Martin E Maxwell
May McCall N McKillip Y Meadows Y Millar E Mills N Mitchell

N Scott, M Y Sellier Y Setzler Y Shaw
Sheldon N Shipp Y Sims, B Y Sims, C N Sims, F

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Y Black Y Bridges N Brooks
Bruce Y Bryant N Buckner N Burkhalter Y Burns Y Butler N Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M Crawford, R Y Davis, H Y Davis, S Y Day

Fleming N Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin N Frazier Y Freeman N Gardner Y Geisinger N Glanton Y Golick N Gordon Y Graves Y Greene Y Hamilton Y Hanner
Harbin Y Hatfield Y Heard, J N Heard, K
Heckstall E Hembree N Henson N Hill, C Y Hill, C.A N Holmes

N Jamieson N Jenkins
Jerguson N Johnson, C E Johnson, T N Jones, J N Jones, S N Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox
Lakly Y Lane, B Y Lane, R N Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas N Lunsford Y Maddox Y Mangham E Manning N Marin

E Morgan Y Morris N Mosby N Mumford N Murphy Y Neal Y Nix N Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake N Porter Y Powell E Pruett Y Ralston N Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal
Rynders Y Sailor Y Scott, A

N Sinkfield Y Smith, B N Smith, L Y Smith, R Y Smith, T
Smith, V N Smyre Y Stanley-Turner N Starr Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin
Walker Y Watson Y Wilkinson Y Willard
Williams, A Williams, E Williams, M Y Williams, R N Wix Y Yates Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 95, nays 53.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 40.

By Senators Staton of the 18th, Williams of the 19th, Rogers of the 21st, Johnson of the 1st, Shafer of the 48th 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 increase the penalties for certain election related offenses involving fraudulent acts; 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 elections and primaries generally, so as to increase the penalties for certain election

FRIDAY, APRIL 20, 2007

4049

related offenses involving fraudulent acts; 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 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, is amended by revising paragraph (1) of subsection (c) of Code Section 21-2-384, relating to mailing of absentee ballots, 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; and that such elector is entitled to receive assistance in voting under provisions of subsection (a) of Code Section 21-2-409. This, the ______ day of _________ _________.

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________________________ Signature of Person Assisting
Elector -- Relationship Reason for assistance (Check appropriate square):
( ) Elector is unable to read the English language. ( ) Elector 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, 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, or 21-2-573, or 21-2-579, shall be guilty of a misdemeanor felony."
SECTION 2. Said chapter is further amended by revising subsection (b) of Code Section 21-2-385, relating to procedure for voting by absentee ballot, 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. Any person who willfully violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years or to pay a fine not to exceed $100,000.00, or both, for each such violation."
SECTION 3. Said chapter is further amended by revising Code Section 21-2-561, relating to false registration, as follows:
"21-2-561. Any person who:
(1) Registers as an elector knowing that such elector does not possess the qualifications required by law; (2) Registers as an elector under any other name than the elector's own name; or

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4051

(3) Knowingly gives false information when registering as an elector shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years or to pay a fine not to exceed $100,000.00, or both."
SECTION 4. Said chapter is further amended by revising subsection (a) of Code Section 21-2-562, relating to fraudulent entries, as follows:
"(a) Any person who willfully: (1) Inserts or permits to be inserted any fictitious name, false figure, false statement, or other fraudulent entry on or in any registration card, electors list, voter's certificate, affidavit, tally paper, general or duplicate return sheet, statement, certificate, oath, voucher, account, ballot or ballot card, or other record or document authorized or required to be made, used, signed, returned, or preserved for any public purpose in connection with any primary or election; (2) Alters materially or intentionally destroys any entry which has been lawfully made therein; or (3) Takes or removes any book, affidavit, return, account, ballot or ballot card, or other document or record from the custody of any person having lawful charge thereof, in order to prevent the same from being used or inspected or copied as required or permitted by this chapter
shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years or to pay a fine not to exceed $100,000.00, or both."
SECTION 5. Said chapter is further amended by revising Code Section 21-2-566, relating to interference with primaries and elections generally, as follows:
"21-2-566. Any person who:
(1) Willfully prevents or attempts to prevent any poll officer from holding any primary or election under this chapter; (2) Uses or threatens violence to any poll officer or interrupts or improperly interferes with the execution of his or her duty; (3) Willfully blocks or attempts to block the avenue to the door of any polling place; (4) Uses or threatens violence to any elector to prevent him or her from voting; (5) Willfully prepares or presents to any poll officer a fraudulent voter's certificate not signed by the elector whose certificate it purports to be; (6) Knowingly deposits fraudulent ballots in the ballot box; (7) Knowingly registers fraudulent votes upon any voting machine; or (8) Willfully tampers with any electors list, voter's certificate, numbered list of voters, ballot box, voting machine, direct recording electronic (DRE) equipment, or tabulating machine

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shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years or to pay a fine not to exceed $100,000.00, or both."
SECTION 6. Said chapter is further amended by revising Code Section 21-2-567, relating to intimidation of electors, as follows:
"21-2-567. Any person who uses or threatens to use force and violence, or in any other manner intimidates any other person, to:
(1) Vote or refrain from voting at any primary or election, or to vote or refrain from voting for or against any particular candidate or question submitted to electors at such primary or election; or (2) Place or refrain from placing his or her name upon a register of electors shall be guilty of a misdemeanor felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years or to pay a fine not to exceed $100,000.00, or both."
SECTION 7. Said chapter is further amended by revising Code Section 21-2-568, relating to influencing elector while assisting, as follows:
"21-2-568. (a) Any person who:
(1) Goes into the voting compartment or voting machine booth while another is voting or marks the ballot or ballot card or registers the vote for another, except in strict accordance with this chapter; (2) Interferes with any elector marking his or her ballot or ballot card or registering his or her vote; (3) Attempts to induce any elector before depositing his or her ballot or ballot card to show how he or she marks or has marked his or her ballot or ballot card; or (4) While giving lawful assistance to another, attempts to influence the vote of the elector whom he or she is assisting or marks a ballot or ballot card or registers a vote in any other way than that requested by the voter whom he or she is assisting; or (5) (4) Discloses to anyone how another elector voted, except when required to do so in any legal proceeding shall be guilty of a misdemeanor felony. (b) Any person who, while giving lawful assistance to another, attempts to influence the vote of the elector he or she is assisting or marks a ballot or ballot card or registers a vote in any other way than that requested by the voter he or she is assisting shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years or to pay a fine not to exceed $100,000.00, or both."

FRIDAY, APRIL 20, 2007

4053

SECTION 8. Said chapter is further amended by revising Code Section 21-2-571, relating to voting by unqualified elector or giving false information, as follows:
"21-2-571. Any person who votes or attempts to vote at any primary or election, knowing that such person does not possess all the qualifications of an elector at such primary or election, as required by law, or who votes or attempts to vote at any primary in violation of Code Section 21-2-223 or who knowingly gives false information to poll officers in an attempt to vote in any primary or election shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years or to pay a fine not to exceed $100,000.00, or both."
SECTION 9. Said chapter is further amended by revising Code Section 21-2-572, relating to repeat voting in same primary or election, as follows:
"21-2-572. Any person who votes in more than one precinct in the same primary or election or otherwise fraudulently votes more than once at the same primary or election shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years or to pay a fine not to exceed $100,000.00, or both."
SECTION 10. Said chapter is further amended by revising Code Section 21-2-573, relating to absentee voting by unqualified elector, as follows:
"21-2-573. Any person who votes or attempts to vote by absentee ballot at any primary or election under Article 10 of this chapter and who is not qualified to vote shall be guilty of a misdemeanor felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years or to pay a fine not to exceed $100,000.00, or both."
SECTION 11. Said chapter is further amended by revising Code Section 21-2-587, relating to frauds by poll workers, as follows:
"21-2-587. Any poll officer who willfully:
(1) Makes a false return of the votes cast at any primary or election; (2) Deposits fraudulent ballots or ballot cards in the ballot box or certifies as correct a false return of ballots or ballot cards; (3) Registers fraudulent votes upon any voting machine or certifies as correct a return of fraudulent votes cast upon any voting machine; (4) Makes any false entries in the electors list;

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(5) Destroys or alters any ballot, ballot card, voter's certificate, or electors list; (6) Tampers with any voting machine, direct recording electronic (DRE) equipment, or tabulating computer or device; (7) Prepares or files any false voter's certificate not prepared by or for an elector actually voting at such primary or election; or (8) Fails to return to the officials prescribed by this chapter, following any primary or election, any keys of a voting machine, ballot box, general or duplicate return sheet, tally paper, oaths of poll officers, affidavits of electors and others, record of assisted voters, numbered list of voters, electors list, voter's certificate, spoiled and canceled ballots or ballot cards, ballots or ballot cards deposited, written, or affixed in or upon a voting machine, DRE memory cards, or any certificate or any other paper or record required to be returned under this chapter shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years or to pay a fine not to exceed $100,000.00, or both."
SECTION 12. Said chapter is further amended by revising Code Section 21-2-590, relating to poll officers permitting unregistered or unqualified persons to vote, as follows:
"21-2-590. Any poll officer who:
(1) Permits any unregistered person to vote at any primary or election, knowing such person is unregistered; (2) Permits any person registered as an elector to vote, knowing that such person is not qualified to vote, whether or not such person has been challenged; (3) Refuses to permit any duly registered and qualified person to vote at any primary or election, with the knowledge that such person is entitled to vote; or (4) Renders assistance to an elector in voting in violation of Code Section 21-2-409, or knowingly permits another person to render such assistance in violation of Code Section 21-2-409 shall be guilty of a misdemeanor felony."
SECTION 13. Said chapter is further amended by revising Code Section 21-2-600, relating to punishment for felonies under chapter, as follows:
"21-2-600. Any Except as otherwise provided, any person convicted of a felony under this chapter shall be punished by a fine not to exceed $10,000.00 or imprisonment of not less than one year nor more than ten years, or both, in the discretion of the trial court, or may be punished as for a misdemeanor in the discretion of the trial court."
SECTION 14. All laws and parts of laws in conflict with this Act are repealed.

FRIDAY, APRIL 20, 2007

4055

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Abdul-Salaam N Abrams Y Amerson N Ashe Y Barnard Y Bearden N Beasley-Teague N Benfield Y Benton
Black Y Bridges N Brooks N Bruce Y Bryant N Buckner Y Burkhalter
Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M Y Crawford, R N Davis, H Y Davis, S
Day

Y Dempsey Y Dickson Y Dollar Y Drenner N Dukes Y Ehrhart Y England N Epps Y Everson
Fleming N Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin N Frazier Y Freeman N Gardner Y Geisinger N Glanton Y Golick N Gordon Y Graves Y Greene Y Hamilton
Hanner Harbin Y Hatfield Y Heard, J N Heard, K Heckstall E Hembree Y Henson Y Hill, C Y Hill, C.A N Holmes

Y Holt Y Horne
Houston N Howard Y Hudson N Hugley N Jackson Y Jacobs N James N Jamieson Y Jenkins Y Jerguson N Johnson, C E Johnson, T Y Jones, J Y Jones, S N Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas
Lewis Y Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham E Manning N Marin

Martin E Maxwell
May Y McCall Y McKillip Y Meadows Y Millar E Mills N Mitchell E Morgan Y Morris N Mosby Y Mumford N Murphy Y Neal Y Nix N Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake
Porter Y Powell E Pruett Y Ralston N Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders N Sailor Y Scott, A

Y Scott, M Y Sellier
Setzler Y Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre N Stanley-Turner N Starr Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker N Watson Y Wilkinson Y Willard
Williams, A Williams, E Y Williams, M Y Williams, R N Wix Y Yates Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 107, nays 46.

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:

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Mr. Speaker:
The Senate has rejected the report of the Committee of Conference on the following bill of the House:
HB 147. By Representatives Mills of the 25th, Sheldon of the 105th, Fleming of the 117th, Coan of the 101st, Ralston of the 7th and others:
A BILL to be entitled an Act to provide a short title; to provide for legislative findings and purpose; to amend Chapter 9A of Title 31 of the O.C.G.A., relating to the "Woman's Right to Know Act," so as to require physicians or other qualified agents to require that pregnant females undergo an ultrasound or sonogram prior to having an abortion; to change certain provisions relating to voluntary and informed consent to abortions; to require certain information be made available by the Department of Human Resources; to change certain provisions relating to reporting requirements; to provide for civil causes of action; to amend Article 5 of Chapter 12 of Title 16 of the O.C.G.A., relating to abortion, to provide for criminal penalties for failure to comply with the "Woman's Right to Know Act"; to provide for construction; to provide for intervention; to provide for severability; to provide for 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 bill of the House:
HB 394. By Representatives Lunsford of the 110th, Ralston of the 7th, O`Neal of the 146th, Harbin of the 118th, Morris of the 155th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 11 of Title 16 of the O.C.G.A., relating to offenses against public order, so as to provide for the crime of unlawful conduct during 9-1-1 calls; to provide for criminal penalties; 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 that certain fees collected on behalf of local governments shall be paid to the Department of Community Affairs for disbursement to the local governments; to provide for an accounting; to provide for an administrative fee; 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 with respect to the appropriation of funds; to provide for the lapse of unexpended amounts; to provide for administration of the fund by the Department of

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Community Affairs; 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 486. By Representative Willard of the 49th:
A BILL to be entitled an Act to amend Code Section 48-5-359.1 of the Official Code of Georgia Annotated, relating to contracts with the county tax commissioner to assess and collect municipal taxes and prepare the tax digest, so as to change certain provisions regarding compensation to be paid to the tax commissioner for additional duties; to provide for related matters; to provide an effective date; to repeal conflicting laws; 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, having previously been read, was again taken up for consideration:
SB 135. By Senators Hamrick of the 30th, Reed of the 35th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to criminal reproduction and sale of recorded material, so as increase penalties for reproducing, transferring, selling, distributing, or circulating certain recorded material; to provide for forfeiture of certain items; to provide for additional restitution as it relates to violation of Code Section 16-8-60, relating to reproduction of recorded material, transfer, sale, distribution, and circulation; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Committee substitute was previously read.
The following amendment, having previously been read, was again read and adopted:
Representatives Abrams of the 84th and Franklin of the 43rd move to amend the Committee substitute to SB 135 as follows:
To insert at Page 2, Line 35 after "(f)(1)" the following:
"Upon conviction, the"
To strike "The".

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The following amendment was read and adopted:

Representative Lunsford of the 110th et al. move to amend the Committee substitute to SB 135 by deleting

Page 2, Line 22 delete "but 24 hours" Page 2, Line 27 delete "but 48 hours" Page 2, Line 31, delete "but six days".

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H

Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall E Hembree Y Henson Y Hill, C

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown
Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham

Y Martin E Maxwell Y May Y McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell E Morgan
Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake
Porter Y Powell E Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, M Y Williams, R Y Wix

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Y Davis, S Y Day

Y Hill, C.A Y Holmes

E Manning Y Marin

Sailor Y Scott, A

Y Yates Richardson,
Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 160, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

The following Bills of the House were taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 354. By Representative O`Neal of the 146th:

A BILL to be entitled an Act to amend Titles 36 and 48 of the Official Code of Georgia Annotated, relating, respectively, to local government and revenue and taxation, so as to establish procedures and due dates for notification of homeowner tax relief grants; to provide for recording of tax executions; to change certain income requirements for taxpayers 62 years of age or older seeking a homestead exemption for school tax purposes; to change certain provisions regarding the transmission of resolutions setting the terms of members of boards of tax assessors; to provide for additional return filing requirements for public utilities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Representative O`Neal of the 146th moved that the House insist on its position in disagreeing to the Senate substitute to HB 354 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, Talton of the 145th and Sims of the 119th.

HB 463. By Representatives McCall of the 30th, Powell of the 29th, Burns of the 157th, Roberts of the 154th, Lunsford of the 110th and others:

A BILL to be entitled an Act to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, so as to change certain provisions relating to exemptions from

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said chapter; to change certain provisions relating to education and training requirements relative to said chapter, required programs, instructor qualifications, and expiration of certification; to provide an effective date; to repeal conflicting laws; and for other purposes.
Representative McCall of the 30th moved that the House insist on its position in disagreeing to the Senate substitute to HB 463 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 McCall of the 30th, Smith of the 70th and Dollar of the 45th.
HB 486. By Representative Willard of the 49th:
A BILL to be entitled an Act to amend Code Section 48-5-359.1 of the Official Code of Georgia Annotated, relating to contracts with the county tax commissioner to assess and collect municipal taxes and prepare the tax digest, so as to change certain provisions regarding compensation to be paid to the tax commissioner for additional duties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Representative Willard of the 49th moved that the House insist on its position in disagreeing to the Senate substitute to HB 486 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Willard of the 49th, Royal of the 171st and Lindsey of the 54th.
HB 214. By Representatives Barnard of the 166th, Smith of the 70th, Stephens of the 164th, Parsons of the 42nd, Lane of the 158th and others:

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A BILL to be entitled an Act to amend Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Jekyll Island-- State Park Authority, so as to provide for a renewal of the property lease to the authority; to extend the existence of the authority consistent with such lease renewal; to provide for legislative oversight of the authority; to provide for legislative intent; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Representative Barnard of the 166th moved that the House insist on its position in disagreeing to the Senate substitute to HB 214 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Barnard of the 166th, Heard of the 104th and Cheokas of the 134th.
HB 208. By Representatives Jones of the 46th, Lindsey of the 54th, Chambers of the 81st, Talton of the 145th and Coan of the 101st:
A BILL to be entitled an Act to amend Code Section 20-2-86 of the Official Code of Georgia Annotated, relating to operation of school councils, so as to provide that the parent members make up a majority on the school council; to provide that the chairperson shall be a parent member; to provide for related matters; to repeal conflicting laws; and for other purposes.
Representative Jones of the 46th moved that the House insist on its position in disagreeing to the Senate substitute to HB 208 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Jones of the 46th, Casas of the 103rd and Coleman of the 97th.
HB 148. By Representatives Burkhalter of the 50th and Smith of the 113th:
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

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tax, so as to provide for an exemption with respect to the sale of tangible property to or in construction or expansion of an aquarium for a limited period of time; to provide an effective date; 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 148 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, O`Neal of the 146th and Royal of the 171st.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 24. By Representatives Tumlin of the 38th, Keown of the 173rd, Freeman of the 140th, Oliver of the 83rd and Dempsey of the 13th:
A BILL to be entitled an Act to amend Title 31 of the O.C.G.A., relating to health, so as to provide for an advance directive for health care which combines provisions of a living will and a durable power of attorney for health care; to provide for revocation, the effect of marriage, and guardianship; to provide for duties and responsibilities of health care agents and health care providers; to provide for conditions precedent to carrying out health care treatment preferences and a physician's responsibilities; to provide for the effect of an advance directive for health care on criminal and insurance laws; to provide for penalties; to provide for the effect of Chapter 32 of Title 31 on other legal rights and duties; to repeal and reserve Chapter 36 of Title 31, relating to a durable power of attorney for health care; 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 Senate substitute was read:
A BILL
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for an advance directive for health care which combines provisions of a living

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will and a durable power of attorney for health care; to provide for legislative findings; to provide for a short title; to provide for definitions; to provide for a savings clause for a living will and a durable power of attorney for health care; to provide for a form; to provide for execution, use of a form or other forms, amendment, and witness requirements; to provide for revocation, the effect of marriage, and guardianship; to provide for duties and responsibilities of health care agents and health care providers; to provide for conditions precedent to carrying out health care treatment preferences and a physician's responsibilities; to provide for immunity; to provide for the effect of an advance directive for health care on criminal and insurance laws; to provide for penalties; to provide for the effect of Chapter 32 of Title 31 on other legal rights and duties; to repeal and reserve Chapter 36 of Title 31, relating to a durable power of attorney for health care; 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. (a) The General Assembly has long recognized the right of the individual to control all aspects of his or her personal care and medical treatment, including the right to insist upon medical treatment, decline medical treatment, or direct that medical treatment be withdrawn. In order to secure these rights, the General Assembly has adopted and amended statutes recognizing the living will and health care agency and provided statutory forms for both documents. (b) The General Assembly has determined that the statutory forms for the living will and durable power of attorney for health care are confusing and inconsistent and that the statutes providing for the living will and health care agency contain conflicting concepts, inconsistent and out-of-date terminology, and confusing and inconsistent requirements for execution. In addition, there is a commendable trend among the states to combine the concepts of the living will and health care agency into a single legal document. (c) The General Assembly recognizes that a significant number of individuals representing the academic, medical, legislative, and legal communities, state officials, ethics scholars, and advocacy groups worked together to develop the advance directive for health care contained in this Act, and the collective intent was to create a form that uses understandable and everyday language in order to encourage more citizens of this state to execute advance directives for health care. (d) The General Assembly finds that the clear expression of an individual's decisions regarding health care, whether made by the individual or an agent appointed by the individual, is of critical importance not only to citizens but also to the health care and legal communities, third parties, and families. In furtherance of these purposes, the General Assembly enacts a new Chapter 32 of Title 31, setting forth general principles governing the expression of decisions regarding health care and the appointment of a health care agent, as well as a form of advance directive for health care.

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SECTION 2. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising Chapter 32, relating to living wills, in its entirety as follows:
"CHAPTER 32
31-32-1. This chapter shall be known and may be cited as the 'Georgia Advance Directive for Health Care Act.'
31-32-2. As used in this chapter, the term:
(1) 'Advance directive for health care' means a written document voluntarily executed by a declarant in accordance with the requirements of Code Section 31-32-5. (2) 'Attending physician' means the physician who has primary responsibility at the time of reference for the treatment and care of the declarant. (3) 'Declarant' means a person who has executed an advance directive for health care authorized by this chapter. (4) 'Durable power of attorney for health care' means a written document voluntarily executed by an individual creating a health care agency in accordance with Chapter 36 of this title, as such chapter existed on and before June 30, 2007. (5) 'Health care' means any care, treatment, service, or procedure to maintain, diagnose, treat, or provide for a declarant's physical or mental health or personal care. (6) 'Health care agent' means a person appointed by a declarant to act for and on behalf of the declarant to make decisions related to consent, refusal, or withdrawal of any type of health care and decisions related to autopsy, anatomical gifts, and final disposition of a declarant's body when a declarant is unable or chooses not to make health care decisions for himself or herself. The term 'health care agent' shall include any back-up or successor agent appointed by the declarant. (7) 'Health care facility' means a hospital, skilled nursing facility, hospice, institution, home, residential or nursing facility, treatment facility, and any other facility or service which has a valid permit or provisional permit issued under Chapter 7 of this title or which is licensed, accredited, or approved under the laws of any state, and includes hospitals operated by the United States government or by any state or subdivision thereof. (8) 'Health care provider' means the attending physician and any other person administering health care to the declarant at the time of reference who is licensed, certified, or otherwise authorized or permitted by law to administer health care in the ordinary course of business or the practice of a profession, including any person employed by or acting for any such authorized person. (9) 'Life-sustaining procedures' means medications, machines, or other medical procedures or interventions which, when applied to a declarant in a terminal condition or in a state of permanent unconsciousness, could in reasonable medical judgment

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keep the declarant alive but cannot cure the declarant and where, in the judgment of the attending physician and a second physician, death will occur without such procedures or interventions. The term 'life-sustaining procedures' shall not include the provision of nourishment or hydration but a declarant may direct the withholding or withdrawal of the provision of nourishment or hydration in an advance directive for health care. The term 'life-sustaining procedures' shall not include the administration of medication to alleviate pain or the performance of any medical procedure deemed necessary to alleviate pain. (10) 'Living will' means a written document voluntarily executed by an individual directing the withholding or withdrawal of life-sustaining procedures when an individual is in a terminal condition, coma, or persistent vegetative state in accordance with this chapter, as such chapter existed on and before June 30, 2007. (11) 'Physician' means a person lawfully licensed in this state to practice medicine and surgery pursuant to Article 2 of Chapter 34 of Title 43; and if the declarant is receiving health care in another state, a person lawfully licensed in such state. (12) 'Provision of nourishment or hydration' means the provision of nutrition or fluids by tube or other medical means. (13) 'State of permanent unconsciousness' means an incurable or irreversible condition in which the declarant is not aware of himself or herself or his or her environment and in which the declarant is showing no behavioral response to his or her environment. (14) 'Terminal condition' means an incurable or irreversible condition which would result in the declarant's death in a relatively short period of time.

31-32-3. The provisions of this chapter shall not apply to, affect, or invalidate a living will or durable power of attorney for health care executed prior to July 1, 2007, to which the provisions of former Chapter 32 or Chapter 36 of this title shall continue to apply, nor shall it affect any claim, right, or remedy that accrued prior to July 1, 2007.

31-32-4. 'GEORGIA ADVANCE DIRECTIVE FOR HEALTH CARE

By:_______________________________________ Date of Birth: ________________

(Print Name)

(Month/Day/Year)

This advance directive for health care has four parts:

PART ONE

HEALTH CARE AGENT. This part allows you to choose someone to make health care decisions for you when you cannot (or do not want to) make health care decisions for yourself. The person you choose is called a health care agent. You may also have your health care agent make decisions for you after your death with respect to an

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autopsy, organ donation, body donation, and final disposition of your body. You should talk to your health care agent about this important role.

PART TWO

TREATMENT PREFERENCES. This part allows you to state your treatment preferences if you have a terminal condition or if you are in a state of permanent unconsciousness. PART TWO will become effective only if you are unable to communicate your treatment preferences. Reasonable and appropriate efforts will be made to communicate with you about your treatment preferences before PART TWO becomes effective. You should talk to your family and others close to you about your treatment preferences.

PART THREE GUARDIANSHIP. This part allows you to nominate a person to be your guardian should one ever be needed.

PART FOUR

EFFECTIVENESS AND SIGNATURES. This part requires your signature and the signatures of two witnesses. You must complete PART FOUR if you have filled out any other part of this form.

You may fill out any or all of the first three parts listed above. You must fill out PART FOUR of this form in order for this form to be effective.

You should give a copy of this completed form to people who might need it, such as your health care agent, your family, and your physician. Keep a copy of this completed form at home in a place where it can easily be found if it is needed. Review this completed form periodically to make sure it still reflects your preferences. If your preferences change, complete a new advance directive for health care.

Using this form of advance directive for health care is completely optional. Other forms of advance directives for health care may be used in Georgia.

You may revoke this completed form at any time. This completed form will replace any advance directive for health care, durable power of attorney for health care, health care proxy, or living will that you have completed before completing this form.

PART ONE: HEALTH CARE AGENT

[PART ONE will be effective even if PART TWO is not completed. A physician or health care provider who is directly involved in your health care may not serve as your health care agent. If you are married, a future divorce or annulment of your marriage will revoke the selection of your current spouse as your health care agent. If you are not

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married, a future marriage will revoke the selection of your health care agent unless the person you selected as your health care agent is your new spouse.]
(1) Health Care Agent I select the following person as my health care agent to make health care decisions for me: Name: ________________________________________________________________ Address:_______________________________________________________________ Telephone Numbers: ____________________________________________________ (Home, Work, and Mobile)
(2) Back-up Health Care Agent [This section is optional. PART ONE will be effective even if this section is left blank.]
If my health care agent cannot be contacted in a reasonable time period and cannot be located with reasonable efforts or for any reason my health care agent is unavailable or unable or unwilling to act as my health care agent, then I select the following, each to act successively in the order named, as my back-up health care agent(s):
Name: ______________________________________________________________ Address:_____________________________________________________________ Telephone Numbers: __________________________________________________
(Home, Work, and Mobile)
Name: ______________________________________________________________ Address:_____________________________________________________________ Telephone Numbers: ___________________________________________________
(Home, Work, and Mobile)
(3) General Powers of Health Care Agent My health care agent will make health care decisions for me when I am unable to communicate my health care decisions or I choose to have my health care agent communicate my health care decisions.
My health care agent will have the same authority to make any health care decision that I could make. My health care agent's authority includes, for example, the power to:
Admit me to or discharge me from any hospital, skilled nursing facility, hospice, or other health care facility or service; Request, consent to, withhold, or withdraw any type of health care; and Contract for any health care facility or service for me, and to obligate me to pay for these services (and my health care agent will not be financially liable for any services or care contracted for me or on my behalf).

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My health care agent will be my personal representative for all purposes of federal or state law related to privacy of medical records (including the Health Insurance Portability and Accountability Act of 1996) and will have the same access to my medical records that I have and can disclose the contents of my medical records to others for my ongoing health care.
My health care agent may accompany me in an ambulance or air ambulance if in the opinion of the ambulance personnel protocol permits a passenger and my health care agent may visit or consult with me in person while I am in a hospital, skilled nursing facility, hospice, or other health care facility or service if its protocol permits visitation.
My health care agent may present a copy of this advance directive for health care in lieu of the original and the copy will have the same meaning and effect as the original.
I understand that under Georgia law:
My health care agent may refuse to act as my health care agent; A court can take away the powers of my health care agent if it finds that my health care agent is not acting properly; and My health care agent does not have the power to make health care decisions for me regarding psychosurgery, sterilization, or treatment or involuntary hospitalization for mental or emotional illness, mental retardation, or addictive disease.
(4) Guidance for Health Care Agent When making health care decisions for me, my health care agent should think about what action would be consistent with past conversations we have had, my treatment preferences as expressed in PART TWO (if I have filled out PART TWO), my religious and other beliefs and values, and how I have handled medical and other important issues in the past. If what I would decide is still unclear, then my health care agent should make decisions for me that my health care agent believes are in my best interest, considering the benefits, burdens, and risks of my current circumstances and treatment options.
(5) Powers of Health Care Agent After Death (A) Autopsy My health care agent will have the power to authorize an autopsy of my body unless I have limited my health care agent's power by initialing below.
__________ (Initials) My health care agent will not have the power to authorize an autopsy of my body (unless an autopsy is required by law).

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(B) Organ Donation and Donation of Body My health care agent will have the power to make a disposition of any part or all of my body for medical purposes pursuant to the Georgia Anatomical Gift Act, unless I have limited my health care agent's power by initialing below.
[Initial each statement that you want to apply.]
__________ (Initials) My health care agent will not have the power to make a disposition of my body for use in a medical study program. __________ (Initials) My health care agent will not have the power to donate any of my organs.
(C) Final Disposition of Body My health care agent will have the power to make decisions about the final disposition of my body unless I have initialed below.
__________ (Initials) I want the following person to make decisions about the final disposition of my body:
Name: ______________________________________________________________ Address: _____________________________________________________________ Telephone Numbers: ___________________________________________________
(Home, Work, and Mobile)
I wish for my body to be:
__________ (Initials) Buried OR
__________ (Initials) Cremated
PART TWO: TREATMENT PREFERENCES
[PART TWO will be effective only if you are unable to communicate your treatment preferences after reasonable and appropriate efforts have been made to communicate with you about your treatment preferences. PART TWO will be effective even if PART ONE is not completed. If you have not selected a health care agent in PART ONE, or if your health care agent is not available, then PART TWO will provide your physician and other health care providers with your treatment preferences. If you have selected a health care agent in PART ONE, then your health care agent will have the authority to make all health care decisions for you regarding matters covered by PART TWO. Your health care agent will be guided by your treatment preferences and other factors described in Section (4) of PART ONE.]

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(6) Conditions PART TWO will be effective if I am in any of the following conditions:
[Initial each condition in which you want PART TWO to be effective.]
_________ (Initials) A terminal condition, which means I have an incurable or irreversible condition that will result in my death in a relatively short period of time.
_________ (Initials) A state of permanent unconsciousness, which means I am in an incurable or irreversible condition in which I am not aware of myself or my environment and I show no behavioral response to my environment.
My condition will be determined in writing after personal examination by my attending physician and a second physician in accordance with currently accepted medical standards.
(7) Treatment Preferences [State your treatment preference by initialing (A), (B), or (C). If you choose (C), state your additional treatment preferences by initialing one or more of the statements following (C). You may provide additional instructions about your treatment preferences in the next section. You will be provided with comfort care, including pain relief, but you may also want to state your specific preferences regarding pain relief in the next section.]
If I am in any condition that I initialed in Section (6) above and I can no longer communicate my treatment preferences after reasonable and appropriate efforts have been made to communicate with me about my treatment preferences, then:
(A) _________ (Initials) Try to extend my life for as long as possible, using all medications, machines, or other medical procedures that in reasonable medical judgment could keep me alive. If I am unable to take nutrition or fluids by mouth, then I want to receive nutrition or fluids by tube or other medical means. OR (B) _________ (Initials) Allow my natural death to occur. I do not want any medications, machines, or other medical procedures that in reasonable medical judgment could keep me alive but cannot cure me. I do not want to receive nutrition or fluids by tube or other medical means except as needed to provide pain medication. OR (C) _________ (Initials) I do not want any medications, machines, or other medical procedures that in reasonable medical judgment could keep me alive but cannot cure me, except as follows:
[Initial each statement that you want to apply to option (C).]

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_________ (Initials) If I am unable to take nutrition by mouth, I want to receive nutrition by tube or other medical means. _________ (Initials) If I am unable to take fluids by mouth, I want to receive fluids by tube or other medical means. _________ (Initials) If I need assistance to breathe, I want to have a ventilator used. _________ (Initials) If my heart or pulse has stopped, I want to have cardiopulmonary resuscitation (CPR) used.
(8) Additional Statements [This section is optional. PART TWO will be effective even if this section is left blank. This section allows you to state additional treatment preferences, to provide additional guidance to your health care agent (if you have selected a health care agent in PART ONE), or to provide information about your personal and religious values about your medical treatment. For example, you may want to state your treatment preferences regarding medications to fight infection, surgery, amputation, blood transfusion, or kidney dialysis. Understanding that you cannot foresee everything that could happen to you after you can no longer communicate your treatment preferences, you may want to provide guidance to your health care agent (if you have selected a health care agent in PART ONE) about following your treatment preferences. You may want to state your specific preferences regarding pain relief.]
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________
(9) In Case of Pregnancy [PART TWO will be effective even if this section is left blank.]
I understand that under Georgia law, PART TWO generally will have no force and effect if I am pregnant unless the fetus is not viable and I indicate by initialing below that I want PART TWO to be carried out.
_________ (Initials) I want PART TWO to be carried out if my fetus is not viable.
PART THREE: GUARDIANSHIP
(10) Guardianship [PART THREE is optional. This advance directive for health care will be effective even if PART THREE is left blank. If you wish to nominate a person to be your guardian in the event a court decides that a guardian should be appointed, complete PART THREE. A court will appoint a guardian for you if the court finds that you are not able to make significant responsible decisions for yourself regarding your personal support, safety, or

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welfare. A court will appoint the person nominated by you if the court finds that the appointment will serve your best interest and welfare. If you have selected a health care agent in PART ONE, you may (but are not required to) nominate the same person to be your guardian. If your health care agent and guardian are not the same person, your health care agent will have priority over your guardian in making your health care decisions, unless a court determines otherwise.]
[State your preference by initialing (A) or (B). Choose (A) only if you have also completed PART ONE.]
(A) __________ (Initials) I nominate the person serving as my health care agent under PART ONE to serve as my guardian. OR (B) __________ (Initials) I nominate the following person to serve as my guardian:
Name: _____________________________________________________________ Address: ___________________________________________________________ Telephone Numbers: _________________________________________________
(Home, Work, and Mobile)
PART FOUR: EFFECTIVENESS AND SIGNATURES
This advance directive for health care will become effective only if I am unable or choose not to make or communicate my own health care decisions.
This form revokes any advance directive for health care, durable power of attorney for health care, health care proxy, or living will that I have completed before this date.
Unless I have initialed below and have provided alternative future dates or events, this advance directive for health care will become effective at the time I sign it and will remain effective until my death (and after my death to the extent authorized in Section (5) of PART ONE).
__________ (Initials) This advance directive for health care will become effective on or upon ________________ and will terminate on or upon ________________.
[You must sign and date or acknowledge signing and dating this form in the presence of two witnesses. Both witnesses must be of sound mind and must be at least 18 years of age, but the witnesses do not have to be together or present with you when you sign this form. A witness:
Cannot be a person who was selected to be your health care agent or back-up health care agent in PART ONE;

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Cannot be a person who will knowingly inherit anything from you or otherwise knowingly gain a financial benefit from your death; or Cannot be a person who is directly involved in your health care. Only one of the witnesses may be an employee, agent, or medical staff member of the hospital, skilled nursing facility, hospice, or other health care facility in which you are receiving health care (but this witness cannot be directly involved in your health care).]

By signing below, I state that I am emotionally and mentally capable of making this advance directive for health care and that I understand its purpose and effect.

________________________________________ (Signature of Declarant)

________________ (Date)

The declarant signed this form in my presence or acknowledged signing this form to me. Based upon my personal observation, the declarant appeared to be emotionally and mentally capable of making this advance directive for health care and signed this form willingly and voluntarily.

____________________________________________

_______________

(Signature of First Witness)

(Date)

Print Name: ____________________________________________________________

Address: ______________________________________________________________

____________________________________________

________________

(Signature of Second Witness)

(Date)

Print Name: ____________________________________________________________

Address: ______________________________________________________________

[This form does not need to be notarized.]'

31-32-5. (a) Any person of sound mind who is emancipated or 18 years of age or older may execute a document which:
(1) Appoints a health care agent; (2) Directs the withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration when the declarant is in a terminal condition or state of permanent unconsciousness; or (3) Covers matters contained in both paragraphs (1) and (2) of this subsection. Such document shall be in writing, signed by the declarant or by some other person in the declarant's presence and at the declarant's express direction, and witnessed in accordance with the provisions of subsection (c) of this Code section. (b) When a document substantially complying with Code Section 31-32-4 is executed in accordance with this Code section, it shall be treated as an advance directive for

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health care which complies with this Code section. No provision of this chapter shall be construed to bar a declarant from using any other form of advance directive for health care which complies with this Code section. A document covering any matter contained in paragraph (1), (2), or (3) of subsection (a) of this Code section which was executed in another state and is valid under the laws of the state where executed shall be treated as an advance directive for health care which complies with this Code section.
(c)(1) An advance directive for health care shall be attested and subscribed in the presence of the declarant by two witnesses who are of sound mind and at least 18 years of age, but such witnesses do not have to be together or present when the declarant signs the advance directive for health care. (2) Neither witness can be a person who:
(A) Was selected to serve as the declarant's health care agent; (B) Will knowingly inherit anything from the declarant or otherwise knowingly gain a financial benefit from the declarant's death; or (C) Is directly involved in the declarant's health care. (3) Not more than one of the witnesses may be an employee, agent, or medical staff member of the health care facility in which the declarant is receiving health care. (d) A physician or health care provider who is directly involved in the declarant's health care may not serve as the declarant's health care agent. (e) A copy of an advance directive for health care executed in accordance with this Code section shall be valid and have the same meaning and effect as the original document. (f) An advance directive for health care may be amended at any time by a written document signed by the declarant or by some other person in the declarant's presence and at the declarant's express direction, and witnessed in accordance with the provisions of subsection (c) of this Code section.
31-32-6. (a) An advance directive for health care may be revoked at any time by the declarant, without regard to the declarant's mental state or competency, by any of the following methods:
(1) by completing a new advance directive for health care that has provisions which are inconsistent with the provisions of a previously executed advance directive for health care, living will, or durable power of attorney for health care; provided, however, that such revocation shall extend only so far as the inconsistency exists between the documents and any part of a prior document that is not inconsistent with a subsequent document shall remain unrevoked; (2) by being obliterated, burned, torn, or otherwise destroyed by the declarant or by some person in the declarant's presence and at the declarant's direction indicating an intention to revoke; (3) by a written revocation clearly expressing the intent of the declarant to revoke the advance directive for health care signed and dated by the declarant or by a person

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acting at the declarant's direction. If the declarant is receiving health care in a health care facility, revocation of an advance directive for health care will become effective only upon communication to the attending physician by the declarant or by a person acting at the declarant's direction. The attending physician shall record in the declarant's medical record the time and date when the attending physician received notification of the written revocation; or (4) by an oral or any other clear expression of the intent to revoke the advance directive for health care in the presence of a witness 18 years of age or older who, within 30 days of the expression of such intent, signs and dates a writing confirming that such expression of intent was made. If the declarant is receiving health care in a health care facility, revocation of an advance directive for health care will become effective only upon communication to the attending physician by the declarant or by a person acting at the declarant's direction. The attending physician shall record in the declarant's medical record the time, date, and place of the revocation and the time, date, and place, if different, when the attending physician received notification of the revocation. Any person, other than the health care agent, to whom an oral or other nonwritten revocation of an advance directive for health care is communicated or delivered shall make all reasonable efforts to inform the health care agent of that fact as promptly as possible. (b) Unless an advance directive for health care expressly provides otherwise, if after executing an advance directive for health care, the declarant marries, such marriage shall revoke the designation of a person other than the declarant's spouse as the declarant's health care agent, and if, after executing an advance directive for health care, the declarant's marriage is dissolved or annulled, such dissolution or annulment shall revoke the designation of the declarant's former spouse as the declarant's health care agent. (c) An advance directive for health care which survives disability, incapacity, or incompetency shall not be revoked solely by the appointment of a guardian or receiver for the declarant. Absent an order of the probate court or superior court having jurisdiction directing a guardian of the person to exercise the powers of the declarant under an advance directive for health care which survives disability, incapacity, or incompetency, the guardian of the person has no power, duty, or liability with respect to any health care matters covered by the advance directive for health care; provided, however, that no order usurping the authority of a health care agent known to the proposed guardian shall be entered unless notice is sent by first-class mail to the health care agent's last known address and it is shown by clear and convincing evidence that the health care agent is acting in a manner inconsistent with the power of attorney. 31-32-7. (a) A health care agent shall not have the authority to make a particular health care decision different from or contrary to the declarant's decision, if any, if the declarant is able to understand the general nature of the health care procedure being consented to or refused, as determined by the declarant's attending physician based on such physician's good faith judgment.

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(b) A health care agent shall be under no duty to exercise granted powers or to assume control of or responsibility for the declarant's health care; provided, however, that when granted powers are exercised, the health care agent shall use due care to act for the benefit of the declarant in accordance with the terms of the advance directive for health care. A health care agent shall exercise granted powers in such manner as the health care agent deems consistent with the intentions and desires of the declarant. If a declarant's intentions and desires are unclear, the health care agent shall act in the declarant's best interest considering the benefits, burdens, and risks of the declarant's circumstances and treatment options. (c) A health care agent may act in person or through others reasonably employed by the health care agent for that purpose but may not delegate authority to make health care decisions. (d) A health care agent may sign and deliver all instruments, negotiate and enter into all agreements, and do all other acts reasonably necessary to implement the exercise of the powers granted to the health care agent. A health care agent shall be authorized to accompany a declarant in an ambulance or air ambulance if in the opinion of the ambulance personnel protocol permits a passenger and to visit or consult in person with a declarant who is admitted to a health care facility if the health care facility's protocol permits such visitation. (e) The form of advance directive for health care contained in Code Section 31-32-4 shall, and any different form of advance directive for health care may, include the following powers, subject to any limitations appearing on the face of the form:
(1) The health care agent is authorized to consent to and authorize or refuse, or to withhold or withdraw consent to, any and all types of medical care, treatment, or procedures relating to the physical or mental health of the declarant, including any medication program, surgical procedures, life-sustaining procedures, or provision of nourishment or hydration for the declarant, but not including psychosurgery, sterilization, or involuntary hospitalization or treatment covered by Title 37; (2) The health care agent is authorized to admit the declarant to or discharge the declarant from any health care facility; (3) The health care agent is authorized to contract for any health care facility or service in the name of and on behalf of the declarant and to bind the declarant to pay for all such services, and the health care agent shall not be personally liable for any services or care contracted for or on behalf of the declarant; (4) At the declarant's expense and subject to reasonable rules of the health care provider to prevent disruption of the declarant's health care, the health care agent shall have the same right the declarant has to examine and copy and consent to disclosure of all the declarant's medical records that the health care agent deems relevant to the exercise of the agent's powers, whether the records relate to mental health or any other medical condition and whether they are in the possession of or maintained by any physician, psychiatrist, psychologist, therapist, health care facility, or other health care provider, notwithstanding the provisions of any statute or other rule of law to the contrary; and

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(5) Unless otherwise provided, the health care agent is authorized to direct that an autopsy of the declarant's body be made; to make an anatomical gift of any part or all of the declarant's body pursuant to Article 6 of Chapter 5 of Title 44, the 'Georgia Anatomical Gift Act'; and to direct the final disposition of the declarant's body, including funeral arrangements, burial, or cremation. (f) A court may remove a health care agent if it finds that the health care agent is not acting properly.
31-32-8. Each health care provider and each other person with whom a health care agent interacts under an advance directive for health care shall be subject to the following duties and responsibilities:
(1) It is the responsibility of the health care agent or declarant to notify the health care provider of the existence of the advance directive for health care and any amendment or revocation thereof. A health care provider furnished with a copy of an advance directive for health care shall make such copy a part of the declarant's medical records and shall enter in the records any change in or termination of the advance directive for health care by the declarant that becomes known to the health care provider. A health care provider shall grant a health care agent adequate access to a declarant when a declarant is admitted to any health care facility. Whenever a health care provider believes a declarant is unable to understand the general nature of the health care procedure which the provider deems necessary, the health care provider shall consult with any available health care agent known to the health care provider who then has power to act for the declarant under an advance directive for health care;
(2) A health care decision made by a health care agent in accordance with the terms of an advance directive for health care shall be complied with by every health care provider to whom the decision is communicated, subject to the health care provider's right to administer treatment for the declarant's comfort or alleviation of pain; provided, however, that if the health care provider is unwilling to comply with the health care agent's decision, the health care provider shall promptly inform the health care agent who shall then be responsible for arranging for the declarant's transfer to another health care provider. A health care provider who is unwilling to comply with the health care agent's decision shall provide reasonably necessary consultation and care in connection with the pending transfer; (3) At the declarant's expense and subject to reasonable rules of the health care provider to prevent disruption of the declarant's health care, each health care provider shall give a health care agent authorized to receive such information under an advance directive for health care the same right the declarant has to examine and copy any part or all of the declarant's medical records that the health care agent deems relevant to the exercise of the health care agent's powers, whether the records relate to mental health or any other medical condition and whether they are in the possession of or

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maintained by any physician, psychiatrist, psychologist, therapist, health care facility, or other health care provider, notwithstanding the provisions of any statute or rule of law to the contrary; and (4) If and to the extent an advance directive for health care empowers the health care agent to direct that an autopsy of the declarant's body be made; to make an anatomical gift of any part or all of the declarant's body pursuant to Article 6 of Chapter 5 of Title 44, the 'Georgia Anatomical Gift Act'; or to direct the final disposition of the declarant's body, including funeral arrangements, burial, or cremation, the decisions of the health care agent on such matters shall be deemed the act of the declarant or of the person who has priority under law to make the necessary decisions, and each person to whom a direction by the health care agent in accordance with the terms of the agency is communicated shall comply with such direction to the extent it is in accord with reasonable medical standards or other relevant standards at the time of reference.
31-32-9. (a) Prior to effecting a withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration from a declarant pursuant to a declarant's directions in an advance directive for health care, the attending physician:
(1) Shall determine that, to the best of that attending physician's knowledge, the declarant is not pregnant, or if she is, that the fetus is not viable and that the declarant has specifically indicated in the advance directive for health care that the declarant's directions regarding the withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration are to be carried out; (2) Shall, without delay after the diagnosis of a terminal condition or state of permanent unconsciousness of the declarant, take the necessary steps to provide for the written certification of the declarant's terminal condition or state of permanent unconsciousness in accordance with the procedure set forth in subsection (b) of this Code section; (3) Shall make a reasonable effort to determine that the advance directive for health care complies with Code Section 31-32-5; and (4) Shall make the advance directive for health care and the written certification of the terminal condition or state of permanent unconsciousness a part of the declarant patient's medical records. (b) The procedure for establishing a terminal condition or state of permanent unconsciousness is as follows: two physicians, one of whom shall be the attending physician, who, after personally examining the declarant, shall certify in writing, based upon conditions found during the course of their examination and in accordance with currently accepted medical standards, that the declarant is in a terminal condition or state of permanent unconsciousness.

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(c) The advance directive for health care shall be presumed, unless revoked, to be the directions of the declarant regarding the withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration. (d) The attending physician who fails or refuses to comply with the declarant's directions regarding the withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration shall advise promptly the health care agent, if one is appointed, and, otherwise, next of kin or legal guardian of the declarant that such physician is unwilling to effectuate such directions. The attending physician shall thereafter at the election of the health care agent, if one is appointed, and, otherwise, next of kin or legal guardian of the declarant:
(1) Make a good faith attempt to effect the transfer of the declarant to another physician who will comply with the declarant's directions regarding the withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration; or (2) Permit the health care agent, if one is appointed, and, otherwise, next of kin or legal guardian of the declarant to obtain another physician who will comply with the declarant's directions regarding the withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration.
31-32-10. (a) Each health care provider, health care facility, and any other person who acts in good faith reliance on any direction or decision by the health care agent shall be protected and released to the same extent as though such person had interacted directly with the declarant as a fully competent person. Without limiting the generality of the foregoing, the following specific provisions shall also govern, protect, and validate the acts of the health care agent and each such health care provider, health care facility, and any other person acting in good faith reliance on such direction or decision:
(1) No such health care provider, health care facility, or person shall be subject to civil or criminal liability or discipline for unprofessional conduct solely for complying with any direction or decision by the health care agent, even if death or injury to the declarant ensues; (2) No such health care provider, health care facility, or person shall be subject to civil or criminal liability or discipline for unprofessional conduct solely for failure to comply with any direction or decision by the health care agent, as long as such health care provider, health care facility, or person promptly informs the health care agent of such health care provider's, health care facility's, or person's refusal or failure to comply with such direction or decision by the health care agent. The health care agent shall then be responsible for arranging the declarant's transfer to another health care provider. A health care provider who is unwilling to comply with the health care agent's decision shall continue to provide reasonably necessary consultation and care in connection with the pending transfer;

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(3) If the actions of a health care provider, health care facility, or person who fails to comply with any direction or decision by the health care agent are substantially in accord with reasonable medical standards at the time of reference and the provider cooperates in the transfer of the declarant pursuant to paragraph (2) of Code Section 31-32-8, the health care provider, health care facility, or person shall not be subject to civil or criminal liability or discipline for unprofessional conduct for failure to comply with the advance directive for health care; (4) No health care agent who, in good faith, acts with due care for the benefit of the declarant and in accordance with the terms of an advance directive for health care, or who fails to act, shall be subject to civil or criminal liability for such action or inaction; and (5) If the authority granted by an advance directive for health care is revoked under Code Section 31-32-6, a person shall not be subject to criminal prosecution or civil liability for acting in good faith reliance upon such advance directive for health care unless such person had actual knowledge of the revocation. (b) No person shall be civilly liable for failing or refusing in good faith to effectuate the declarant's directions regarding the withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration. (c) No physician or any person acting under a physician's direction and no health care facility or any agent or employee thereof who, acting in good faith in accordance with the requirements of this chapter, causes the withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration from a declarant or who otherwise participates in good faith therein shall be subject to any civil or criminal liability or guilty of unprofessional conduct therefor. (d) No person who witnesses an advance directive for health care in good faith and in accordance with subsection (c) of Code Section 31-32-5 shall be civilly or criminally liable or guilty of unprofessional conduct for such action. (e) Any person who participates in the withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration pursuant to an advance directive for health care and who has actual knowledge that such advance directive for health care has been properly revoked shall not have any civil or criminal immunity otherwise granted under this chapter for such conduct.
31-32-11. (a) The making of an advance directive for health care containing a declarant's directions regarding the withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration, shall not, for any purpose, constitute a suicide. If the declarant's death results from the withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration in accordance with the terms of an advance

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directive for health care, the death shall not constitute a suicide or homicide for any purpose under any statute or other rule of law. (b) The making of an advance directive for health care shall not restrict, inhibit, or impair in any manner the sale, procurement, issuance, or enforceability of any policy of life insurance, annuity, or other contract that is conditioned on the life or death of the declarant nor shall it be deemed to modify the terms of an existing policy of life insurance, annuity, or other contract that is conditioned on the life or death of the declarant, notwithstanding any term of the policy to the contrary. No policy of life insurance, annuity, or other contract that is conditioned on the life or death of the declarant shall be legally impaired or invalidated in any manner by the making of an advance directive for health care pursuant to this chapter or by the withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration from an insured declarant, nor shall the making of such an advance directive for health care or the withholding or withdrawal of lifesustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration operate to deny any additional insurance benefits for accidental death of the declarant in any case in which the terminal condition of the declarant is the result of accident, notwithstanding any term of the policy to the contrary.
31-32-12. (a) No physician, health care facility, or health care provider and no health care service plan, insurer issuing disability insurance, self-insured employee welfare benefit plan, or nonprofit hospital service plan shall require any person to execute an advance directive for health care as a condition for being insured for or receiving health care services. (b) No health care facility shall prepare or offer to prepare an advance directive for health care unless specifically requested to do so by a person desiring to execute an advance directive for health care. For purposes of this subsection, the Department of Corrections shall not be deemed to be a health care facility.
31-32-13. All persons shall be subject to the following sanctions in relation to advance directives for health care, in addition to all other sanctions applicable under any other law or rule of professional conduct:
(1) Any person who, without the declarant's consent, willfully conceals, cancels, or alters an advance directive for health care or any amendment or revocation of the advance directive for health care or who falsifies or forges an advance directive for health care, amendment, or revocation shall be civilly liable and guilty of a misdemeanor; (2) Any person who falsifies or forges an advance directive for health care of another or who willfully conceals or withholds personal knowledge of an amendment or revocation of an advance directive for health care with the intent to cause a withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration contrary to the intent of the

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declarant and thereby, because of such act, directly causes life-sustaining procedures or the provision of nourishment or hydration to be withheld or withdrawn and death thereby to be hastened shall be subject to prosecution for criminal homicide as provided in Chapter 5 of Title 16; (3) Any person who requires or prevents execution of an advance directive for health care as a condition of ensuring or providing any type of health care services to an individual shall be civilly liable and guilty of a misdemeanor; and (4) Any person who willfully witnesses an advance directive for health care knowing at the time he or she is not eligible to witness such advance directive under subsection (c) of Code Section 31-32-5 or who coerces or attempts to coerce a person into making an advance directive for health care shall be civilly liable and guilty of a misdemeanor.
31-32-14. (a) Nothing in this chapter shall impair or supersede any legal right or legal responsibility which any person may have to effect the withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration in any lawful manner. (b) Nothing in this chapter shall be construed to condone, authorize, or approve mercy killing or to permit any affirmative or deliberate act or omission to end life other than to permit the process of dying as provided in this chapter. Furthermore, nothing in this chapter shall be construed to condone, authorize, or approve abortion. (c) This chapter shall create no presumption concerning the intention of an individual who has not executed an advance directive for health care to consent to the use or withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration in the event of a terminal condition or state of permanent unconsciousness. (d) Except to the extent provided in an advance directive for health care and subject to the health care agent's duty to exercise granted powers in such manner as the health care agent deems consistent with the intentions and desires of the declarant pursuant to subsection (b) of Code Section 31-32-7, a declarant's directions in an advance directive for health care regarding the withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration shall be ineffective as long as there is a health care agent available and willing to make decisions for and on behalf of the declarant regarding the withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration when the declarant is in a terminal condition or state of permanent unconsciousness. (e) Unless an advance directive for health care provides otherwise, a health care agent who is known to a health care provider to be available and willing to make health care decisions for a declarant has priority over any other person, including any guardian, to act for the declarant in all matters covered by the advance directive for health care.

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(f) Nothing in this chapter shall affect the delegation of a parent's power to control the health care of a minor child."
SECTION 3. Said title is further amended by repealing Chapter 36, relating to durable power of attorney for health care, and designating said chapter as reserved.
SECTION 4. Code Section 10-12-4 of the Official Code of Georgia Annotated, relating to the legal effect of electronic signatures, is amended by revising paragraph (3) of subsection (i) as follows:
"(3) The provisions of this Code section shall not apply to any rule of law governing the creation or execution of a will or testamentary or donative trust, living will, advance directive for health care, or health care power of attorney, or to any record that serves as a unique and transferable physical token of rights and obligations, including, without limitation, negotiable instruments and instruments of title wherein possession of the instrument is deemed to confer title."
SECTION 5. Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, is amended by revising subsection (d) of Code Section 16-5-5, relating to offering to assist in the commission of suicide, as follows:
"(d) The provisions of this Code section shall not be deemed to affect any of the laws, in whole or in part, that may be applicable to the withholding or withdrawal of medical or health care treatment, including, but not limited to, laws related to a living will, a durable power of attorney for health care, an advance directive for health care, or a written order not to resuscitate."
SECTION 6. Said chapter is further amended by revising subsection (b) of Code Section 16-5-100, relating to cruelty to a person 65 years of age of older, as follows:
"(b) The provisions of this Code section shall not apply to a physician nor any person acting under his or her a physician's direction nor to a hospital, skilled nursing facility, hospice, nor any agent or employee thereof who is in good faith following a course of treatment developed in accordance with accepted medical standards or who is acting in good faith in accordance with a living will as provided in Chapter 32 of Title 31, a durable power of attorney for health care as provided in Chapter 36 of Title 31, an advance directive for health care, an order not to resuscitate as provided in Chapter 39 of Title 31, or the instructions of the patient or the patient's lawful surrogate decision maker, nor shall the provisions of this Code section require any physician, any institution licensed in accordance with Chapter 7 of Title 31 or any employee or agent thereof to provide health care services or shelter to any person in the absence of another legal obligation to do so."

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SECTION 7. Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended by revising subsection (c) of Code Section 29-4-3, relating to order of preference in selection of guardians, as follows:
"(c) At any time prior to the appointment of a guardian, an adult may nominate in writing an individual to serve as that adult's guardian should the adult be judicially determined to be in need of a guardian, and that nomination shall be given the preference described in this Code section, provided that it is signed in accordance with the provisions of subsection (e) of this Code section or the provisions of Code Section 31-36-5 31-32-5."
SECTION 8. Said title is further amended by revising paragraph (6) of subsection (b) of Code Section 29-4-10, relating to petition for appointment of guardian, as follows:
"(6) Whether, to the petitioner's knowledge, there exists any living will, durable power of attorney for health care, advance directive for health care, order relating to cardiopulmonary resuscitation, or other instrument that deals with the management of the person of the proposed ward in the event of incapacity and the name and address of any fiduciary or agent named in the instrument;"
SECTION 9. Said title is further amended by revising subsection (b) of Code Section 29-4-21, relating to rights and privileges removed from ward upon appointment of a guardian, as follows:
"(b) The mere appointment of a guardian does not revoke the powers of an agent who was previously appointed by the ward to act as an agent under a durable power of attorney for health care or health care agent under an advance directive for health care."
SECTION 10. Said title is further amended by revising subsection (b) of Code Section 29-5-21, relating to rights and powers removed from ward, as follows:
"(b) The mere appointment of a conservator does not revoke the powers of an agent who was previously appointed by the ward to act as the ward's agent under a durable power of attorney for health care or health care agent under an advance directive for health care."
SECTION 11. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising subsection (b) of Code Section 31-8-55, relating to the state or community ombudsman's authority to enter and investigate certain facilities, as follows:
"(b) The state ombudsman or community ombudsman shall have the authority to enter any long-term care facility and shall use his or her best efforts to enter such facility during normal visiting hours. Upon entering the long-term care facility, the ombudsman shall notify the administrator or, in the absence of the administrator, the

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person in charge of the facility, before speaking to any residents. After notifying the administrator or the person in charge of the facility, the ombudsman may communicate privately and confidentially with residents of the facility, individually or in groups. The ombudsman shall have access to the medical and social records of any resident if:
(1) The ombudsman has the permission of the resident or the legal representative or guardian of the resident; (2) The resident is unable to consent to the review and has no legal representative or guardian; or (3) There is a guardian of the person of the resident and that guardian refuses to permit access to the records necessary to investigate a complaint, and:
(A) There is reasonable cause to believe that the guardian is not acting in the best interests of the resident; and (B) A community ombudsman obtains the approval of the state ombudsman. As used in this Code section, the term 'legal representative' means an agent under a valid power of attorney, provided that the agent is acting within the scope of his or her agency; an agent under a durable power of attorney for health care or health care agent under an advance directive for health care; or an executor, executrix, administrator, or administratrix of the estate of a deceased resident. The ombudsman shall have the authority to inspect the physical plant and have access to the administrative records, policies, and documents of the facility to which the residents have or the general public has access. Entry and investigation provided by this Code section shall be conducted in a manner which will not significantly disrupt the provision of nursing or other care to residents."
SECTION 12. Said title is further amended by revising subsection (a) of Code Section 31-9-2, relating to persons authorized to consent to surgical or medical treatment, as follows:
"(a) In addition to such other persons as may be authorized and empowered, any one of the following persons is authorized and empowered to consent, either orally or otherwise, to any surgical or medical treatment or procedures not prohibited by law which may be suggested, recommended, prescribed, or directed by a duly licensed physician:
(1) Any adult, for himself or herself, whether by living will, advance directive for health care, or otherwise; (1.1) Any person authorized to give such consent for the adult under a health care agency complying with an advance directive for health care or durable power of attorney for health care under Chapter 36 32 of Title 31, the 'Durable Power of Attorney for Health Care Act'; (2) In the absence or unavailability of a living spouse, any parent, whether an adult or a minor, for his or her minor child; (3) Any married person, whether an adult or a minor, for himself or herself and for his or her spouse;

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(4) Any person temporarily standing in loco parentis, whether formally serving or not, for the minor under his or her care; and any guardian, for his or her ward; (5) Any female, regardless of age or marital status, for herself when given in connection with pregnancy, or the prevention thereof, or childbirth; or (6) Upon the inability of any adult to consent for himself or herself and in the absence of any person to consent under paragraphs (2) through (5) of this subsection, the following persons in the following order of priority:
(A) Any adult child for his or her parents; (B) Any parent for his or her adult child; (C) Any adult for his or her brother or sister; or (D) Any grandparent for his or her grandchild."
SECTION 13. Said title is further amended by revising paragraph (2) of subsection (a) of Code Section 31-33-2, relating to furnishing copy of health records to a patient, provider, or other authorized person, as follows:
"(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 an advance directive for health care or a durable power of attorney for health care 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 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; and (D) If there is no surviving child, by any parent."
SECTION 14. Said title is further amended by revising paragraph (2) of subsection (a) of Code Section 31-36A-6, relating to persons authorized to consent, as follows:
"(2) Any person authorized to give such consent for the adult under a health care agency complying with Chapter 36 of this title, the 'Durable Power of Attorney for Health Care Act' an advance directive for health care or durable power of attorney for health care under Chapter 32 of this title;"
SECTION 15. Said title is further amended by revising subparagraph (A) of paragraph (3) of Code Section 31-39-2, relating to definitions for cardiopulmonary resuscitation, as follows:
"(A) Any agent under a durable power of attorney for health care or health care agent under an advance directive for health care appointed pursuant to Chapter 36 of

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this title, the 'Durable Power of Attorney for Health Care Act' Chapter 32 of this title;"
SECTION 16. Code Section 37-2-35 of the Official Code of Georgia Annotated, relating to relationship to service recipients, is amended by revising subsection (b) as follows:
"(b) The state ombudsman or a community ombudsman shall have the authority to enter any facility, premises, or property where disability services are provided and shall use his or her best efforts to enter such facility, premises, or property during normal business hours. Upon entering such facility, premises, or property, the ombudsman shall notify the administrator or, in the absence of the administrator, the person in charge of such facility, premises, or property before speaking to any service recipient. After notifying the administrator or the person in charge of such facility, premises, or property, the ombudsman may communicate privately and confidentially with service recipients in such facility, premises, or property individually or in groups. The ombudsman shall have access to the medical, social, and disability records of any service recipient if:
(1) The ombudsman has the permission of the service recipient or the legal representative or guardian of the service recipient; (2) The service recipient is unable to consent to the review and has no legal representative or guardian; or (3) There is a guardian of the person of the service recipient and that guardian refuses to permit access to the records necessary to investigate a complaint, and:
(A) There is reasonable cause to believe that the guardian is not acting in the best interest of the service recipient; and (B) A community ombudsman obtains the approval of the state ombudsman. As used in this Code section, the term 'legal representative' means an agent under a valid power of attorney, provided that the agent is acting within the scope of his or her agency; an agent under a durable power of attorney for health care or health care agent under an advance directive for health care; or an executor, executrix, administrator, or administratrix of the estate of a deceased service recipient. The ombudsman shall have the authority to inspect the physical plant and have access to the administrative records, policies, and documents of the facility, premises, or property to which the service recipients have or the general public has access. Entry and investigation as provided by this Code section shall be conducted in a manner which will not significantly disrupt the provision of disability services to service recipients."
SECTION 17. Code Section 44-5-143 of the Official Code of Georgia Annotated, relating to adult decedents, is amended by revising paragraph (1) of subsection (b) as follows:
"(1) Any person having the power to permit an anatomical gift of all or part of the body of the decedent if such power is granted pursuant to a health care agency created under Chapter 36 of Title 31, the 'Durable Power of Attorney for Health Care Act'

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durable power of attorney for health care or advance directive for health care under Chapter 32 of Title 31;"
SECTION 18. Code Section 49-6-72 of the Official Code of Georgia Annotated, relating to definitions for services for the aging, is amended by revising paragraph (9) as follows:
"(9) 'Primary caregiver' means the one identified relative or other person in a relationship of responsibility, such as an agent under a valid durable power of attorney for health care or health care agent under a valid advance directive for health care, who has assumed the primary responsibility for the provision of care needed to maintain the physical or mental health of a functionally dependent older adult or other adult suffering from dementia, who lives in the same residence with such individual, and who does not receive financial compensation for the care provided. A substantiated case of abuse, neglect, or exploitation, as defined in Chapter 5 of Title 30, the 'Disabled Adults and Elder Persons Protection Act,' or pursuant to any other civil or criminal statute regarding an older adult, shall prohibit a primary caregiver from receiving benefits under this article unless authorized by the department to prevent further abuse."
SECTION 19. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding to the end of Chapter 5A, relating to the Department of Community Health, a new Code Section to read as follows: 31-5A-7. Performance and outcome data and pricing data for selected medical conditions, surgeries and procedures in hospitals, ambulatory surgery centers, nursing homes and rehabilitation centers in Georgia shall be reported to the Department of Community Health on a regular basis. The Department shall provide for the establishment of a website for the purpose of providing consumers on the cost and quality of healthcare in Georgia to include but not be limited to cost comparison information on certain prescription drugs at different pharmacies in Georgia, hospitals, ambulatory surgery centers, nursing homes and rehabilitation centers and facilities in Georgia.
SECTION 20. This Act shall become effective on July 1, 2007.
SECTION 21. All laws and parts of laws in conflict with this Act are repealed.
Representative Tumlin of the 38th moved that the House agree to the Senate substitute to HB 24.
On the motion, the roll call was ordered and the vote was as follows:

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4089

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M
Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming
Floyd, H Y Floyd, J Y Fludd
Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
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 Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T
Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown
Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Martin E Maxwell
May McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Mosby Y Mumford Y Murphy Neal Y Nix Y Oliver O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell E Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A

Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson
Willard Y Williams, A
Williams, E Y Williams, M Y Williams, R Y Wix
Yates Richardson, Speaker

On the motion, the ayes were 156, nays 0.

The motion prevailed.

Representative Scott of the 2nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Bill of the House was taken up for the purpose of considering the Senate's disagreeing to the House amendment to the Senate amendment thereto:

HB 81. By Representatives Hill of the 180th, Lane of the 158th, Barnard of the 166th, Burns of the 157th, Williams of the 165th and others:

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A BILL to be entitled an Act to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change certain provisions relating to definitions; to change certain provisions relating to charter fishing guide and pier fishing licenses, fees, and maintenance of records; to provide for new licenses relative to salt water fishing; to repeal conflicting laws; and for other purposes.

Representative Hill of the 180th moved that the House recede from its position in amending the Senate amendment to HB 81.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague N Benfield Y Benton N Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns N Butler
Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan
Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M
Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson Y Dollar Y Drenner N Dukes Y Ehrhart Y England Y Epps
Everson Y Fleming N Floyd, H Y Floyd, J Y Fludd
Forster N Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon N Graves Y Greene Y Hamilton Y Hanner
Harbin N Hatfield Y Heard, J Y Heard, K Y Heckstall E Hembree N Henson Y Hill, C Y Hill, C.A Y Holmes

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson
Jacobs Y James N Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T
Jones, J Y Jones, S
Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox N Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford
Maddox Y Mangham E Manning Y Marin

N Martin E Maxwell
May McCall Y McKillip Y Meadows Millar Y Mills Y Mitchell E Morgan Y Morris Mosby N Mumford Y Murphy Neal Y Nix Y Oliver O'Neal Y Parham Y Parrish Y Parsons Y Peake Porter Y Powell Pruett Y Ralston Randall N Reece Y Reese Y Rice N Roberts Y Rogers Y Royal Rynders Sailor Y Scott, A

E Scott, M Sellier Setzler
Y Shaw Sheldon
Y Shipp Y Sims, B Y Sims, C N Sims, F
Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Tumlin N Walker Y Watson Y Wilkinson Willard Y Williams, A Williams, E Y Williams, M N Williams, R Y Wix Y Yates Richardson, Speaker

On the motion, the ayes were 123, nays 18.

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4091

The motion prevailed.

Representative Sims of the 151st stated that she inadvertently voted "nay" on 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 reports of the Committees of Conference thereon:

HB 445. By Representative Royal of the 171st:

A BILL to be entitled an Act to amend Code Section 48-5-7.4 of the O.C.G.A., 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 a contingent effective date; to provide for applicability; to provide for contingent repeal; to repeal conflicting laws; and for other purposes.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 445

The Committee of Conference on HB 445 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 445 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Rogers Senator, 21st District

/s/ Royal Representative, 171st District

/s/ Hooks Senator, 14th District

/s/ Larry O'Neal Representative, 146th District

/s/ Pearson Senator, 51st District

/s/ Jay Roberts Representative, 154th District

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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 clarify an ad valorem tax exemption for certain charitable institutions; 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 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 revising paragraph (2) of subsection (d) as follows:
"(2) With respect to paragraph (4) of subsection (a) of this Code section, real estate or buildings which are a building which is owned by a charitable institution that is otherwise qualified as a purely public charity and that is exempt from taxation under Section 501(c)(3) of the federal Internal Revenue Code and which building is used by such charitable institution exclusively for the charitable purposes of such charitable institution, and not more than15 acres of land on which such building is located, 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. 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 Royal of the 171st moved that the House adopt the report of the Committee of Conference on HB 445.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe
Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton
Black Y Bridges Y Brooks

Dempsey Y Dickson
Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps
Everson Y Fleming Y Floyd, H Y Floyd, J

Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James
Jamieson Y Jenkins Y Jerguson

Martin E Maxwell
May McCall Y McKillip Y Meadows Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby

E Scott, M Sellier Setzler
Y Shaw Sheldon
Y Shipp Y Sims, B Y Sims, C
Sims, F Y Sinkfield Y Smith, B Y Smith, L

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4093

Bruce Y Bryant
Buckner Y Burkhalter
Burns Butler Byrd Y Carter, A Y Carter, B Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Coleman Y Collins Y Cooper Y Cox Y Crawford, M Crawford, R Y Davis, H N Davis, S Y Day

Y Fludd Y Forster Y Franklin Y Frazier
Freeman Gardner Y Geisinger Y Glanton Y Golick Y Gordon E Graves Y Greene Y Hamilton Y Hanner Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Hill, C.A Y Holmes

Johnson, C E Johnson, T Y Jones, J Y Jones, S
Jordan Y Kaiser Y Keen Y Keown
Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis
Lindsey Y Lord Y Loudermilk
Lucas Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston
Randall Y Reece Y Reese Y Rice Y Roberts
Rogers Y Royal
Rynders Y Sailor Y Scott, A

Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner
Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M
Thomas, B Tumlin Walker Y Watson Y Wilkinson Willard Y Williams, A Williams, E Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker

On the motion, the ayes were 126, nays 1.

The motion prevailed.

HB 219. By Representatives Royal of the 171st, O`Neal of the 146th, Roberts of the 154th and Black of the 174th:

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 prepayments of certain local sales and use taxes with respect to motor fuels; to provide for procedures, conditions, and limitations; to change certain provisions regarding penalties; to change certain provisions regarding taxation of motor fuel; to change certain provisions regarding sales and use tax exemptions regarding motor fuel; to change certain provisions regarding refunds of motor fuel taxes; to change certain provisions regarding the second motor fuel tax; 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 219

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The Committee of Conference on HB 219 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 219 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Williams Senator, 19th District

/s/ Royal Representative, 171st District

/s/ Rogers Senator, 21st District

/s/ Larry O'Neal Representative, 146th District

/s/ Pearson Senator, 51st District

/s/ Jay Roberts Representative, 154th District

A BILL

To amend Titles 10, 12, 48, and 52 of the Official Code of Georgia Annotated, relating, respectively to commerce and trade, conservation and national resources, revenue and taxation, and waters of the state, so as to provide for prepayments of certain local sales and use taxes with respect to motor fuels; to provide for procedures, conditions, and limitations; to change certain provisions regarding penalties; to change certain provisions regarding taxation of motor fuel; to change certain provisions regarding sales and use tax exemptions regarding motor fuel; to change certain provisions regarding refunds of motor fuel taxes; to change certain requirements regarding reports of motor fuel deliveries; to change certain provisions regarding the George L. Smith II Georgia World Congress Center Authority, the Jekyll Island-State Park Authority, and the Georgia Ports Authority so as to provide for a sales and use tax exemption with respect to certain property purchased by such authorities; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Code Section 48-8-2, relating to definitions, by revising paragraph (5.1) and adding a new paragraph as follows:
"(5.1) 'Prepaid state tax' means the tax levied under Code Section 48-8-30 in conjunction with Code Section 48-8-3.1 and Code Section 48-9-14 on the retail sale of motor fuels for highway use and collected prior to that retail sale. This tax is based

FRIDAY, APRIL 20, 2007

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upon the average retail sales price as set forth in Code Section 48-9-14. This shall not apply to any local sales and use tax which is levied on the sale or use of motor fuel 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, known as 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; or by or pursuant to Article 3 of this chapter. (5.2) 'Prepaid local tax' means any local sales and use tax which is levied on the sale or use of motor fuel 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, known as the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965' or by or pursuant to Article 2, 2A, 3, or 4 of this chapter. Such tax is based on the same average retail sales price as set forth in subparagraph (b)(2)(B) of Code Section 48-9-14. Such price shall be used to compute the prepaid sales tax rate for local jurisdictions by multiplying such retail price by the applicable rate imposed by the jurisdiction. The person collecting and reporting the prepaid local tax for the local jurisdiction shall provide a schedule as to which jurisdiction these collections relate. This determination shall be based upon the shipping papers of the conveyance that delivered the motor fuel to the dealer or consumer in the local jurisdiction. A seller may rely upon the representation made by the purchaser as to which jurisdiction the shipment is bound and prepare shipping papers in accordance with those instructions."
SECTION 2. Said title is further amended in Code Section 48-8-30, relating to imposition of sales and use taxes, by adding new subsections (j) and (k) to read as follows:
"(j) In the event any distributor licensed under Chapter 9 of this title purchases any motor fuel on which the prepaid state tax or prepaid local tax or both have been imposed pursuant to this Code section and resells the same to a governmental entity that is totally or partially exempt from such tax under paragraph (1) of Code Section 48-8-3, such distributor shall be entitled to either a credit or refund. The amount of the credit or refund shall be the prepaid state tax or prepaid local tax or both rates for which such governmental entity is exempt multiplied by the gallons of motor fuel purchased for its exclusive use. To be eligible for the credit or refund, the distributor shall reduce the amount such distributor charges for the fuel sold to such governmental entity by an amount equal to the tax from which such governmental entity is exempt. Should a distributor have a liability under this Code section, the distributor may elect to take a credit for those sales against such liability. (k) The prepaid local tax shall be imposed at the time tax is imposed under subparagraph (b)(2)(B) of Code Section 48-9-14."

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SECTION 3. Said title is further amended by revising subsection (f) of Code Section 48-8-50, relating to compensation of dealers, as follows:
"(f) The deduction authorized under this Code section shall be combined with and calculated with the deductions authorized under Code Section 48-8-87, Code Section 48-8-104, Code Section 48-8-113, Code Section 48-8-204, 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,' and any other sales tax, use tax, or sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, by applying the deduction rate specified in this Code section against the combined total of all such taxes reported due on the same return."
SECTION 4. Said title is further amended by revising Code Section 48-8-82, relating to imposition of the joint county and municipal sales and use tax, as follows:
"48-8-82. When the imposition of a joint county and municipal sales and use tax is authorized according to the procedures provided in this article within a special district, the county whose geographical boundary is conterminous with that of the special district and each qualified municipality located wholly or partially within the special district shall levy a joint sales and use tax at the rate of 1 percent. Except as to rate, the joint tax shall correspond to the tax imposed and administered by Article 1 of this chapter. No item or transaction which is not subject to taxation by Article 1 of this chapter shall be subject to the tax levied pursuant to this article, except that the joint tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined by Code Section 48-9-2 paragraph (5.2) of Code Section 48-8-2 and shall be applicable to the sale of food and beverages only to the extent provided for in paragraph (57) of Code Section 48-8-3."
SECTION 5. Said title is further amended by revising Code Section 48-8-87, relating to the administration and collection of the joint county and municipal sales and use tax, as follows:
"48-8-87. The tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of each county whose geographical boundary is conterminous with that of a special district and of each qualified municipality located wholly or partially therein. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter, except that the joint tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined by paragraph (5.2) of Code Section 48-8-2; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such

FRIDAY, APRIL 20, 2007

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taxpayer's liability for taxes owed the state. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50."
SECTION 6. Said title is further amended by revising subsection (b) of Code Section 48-8-102, relating to the imposition of the homestead option sales and use tax, as follows:
"(b) When the imposition of a local sales and use tax is authorized according to the procedures provided in this article within a special district, the county whose geographical boundary is conterminous with that of the special district shall levy a local sales and use tax at the rate of 1 percent. Except as to rate, the local sales and use tax shall correspond to the tax imposed and administered by Article 1 of this chapter. No item or transaction which is not subject to taxation by Article 1 of this chapter shall be subject to the sales and use tax levied pursuant to this article, except that the sales and use tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined by Code Section 48-9-2 paragraph (5.2) of Code Section 48-8-2 and shall be applicable to the sale of food and beverages only to the extent provided for in paragraph (57) of Code Section 48-8-3."
SECTION 7. Said title is further amended by revising subsection (a) of Code Section 48-8-104, relating to the administration and manner of distribution of the homestead option sales and use tax, as follows:
"(a) The sales and use tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of each county whose geographical boundary is conterminous with that of a special district. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter except that the sales and use tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined by paragraph (5.2) of Code Section 48-8-2; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state. Dealers shall be allowed a percentage of the amount of the sales and use tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50."
SECTION 8. Said title is further amended by revising subsection (c) of Code Section 48-8-110.1, relating to imposition of the county special purpose local option sales and use tax, as

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follows: "(c) Any tax imposed under this part shall be at the rate of 1 percent. Except as to rate, a tax imposed under this part shall correspond to the tax imposed by Article 1 of this chapter. No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this part, except that a tax imposed under this part shall apply to sales of motor fuels as prepaid local tax as that term is defined by Code Section 48-9-2 paragraph (5.2) of Code Section 48-8-2 and shall be applicable to the sale of food and beverages as provided for in division (57)(D)(i) of Code Section 48-8-3."
SECTION 9. Said title is further amended by revising Code Section 48-8-113, relating to the administration of the county special purpose local option sales and use tax, as follows:
"48-8-113. A tax levied pursuant to this part shall be exclusively administered and collected by the commissioner for the use and benefit of the county and qualified municipalities within such special district imposing the tax. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter except that the sales and use tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined by paragraph (5.2) of Code Section 48-8-2; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state; and provided, further, that the commissioner may rely upon a representation by or in behalf of the county and qualified municipalities within the special district or the Secretary of State that such a tax has been validly imposed, and the commissioner and the commissioner's agents shall not be liable to any person for collecting any such tax which was not validly imposed. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50."
SECTION 10. Said title is further amended by revising subparagraph (c)(1)(A) of Code Section 48-8201, relating to imposition of the municipal water and sewer projects and costs tax, as follows:
"(A) Sales of motor fuels as prepaid local tax as that term is defined by Code Section 48-9-2 paragraph (5.2) of Code Section 48-8-2;"
SECTION 11. Said title is further amended by revising Code Section 48-8-204, relating to administration and collection of the municipal water and sewer projects and costs tax, as

FRIDAY, APRIL 20, 2007

4099

follows: "48-8-204. A tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of the municipality imposing the tax. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter except that the sales and use tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined by paragraph (5.2) of Code Section 48-8-2; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state; and provided, further, that the commissioner may rely upon a representation by or in behalf of the municipality or the Secretary of State that such a tax has been validly imposed, and the commissioner and the commissioner's agents shall not be liable to any person for collecting any such tax which was not validly imposed. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50."
SECTION 12. Said title is further amended by revising subsections (d), (e), and (f) of Code Section 489-9, relating to reports of motor fuel deliveries, as follows:
"(d)(1) Every person transporting motor fuel over the public highways or navigable waters of this state shall have in such person's possession an invoice, bill of sale, or other document which identifies: (A) The true name and address of the person from whom the motor fuel was received; (B) The number of gallons originally received; (C) The true name and address of every person who has received any part of the fuel; (D) The number of gallons delivered to such persons; and (E) The city or county and state of destination as represented to the transporter by the person who arranged the transportation. (2) Failure to produce such invoice, bill of sale, or other document when demanded or failure of a document produced upon demand to meet the requirements of this Code section shall be prima-facie evidence of a violation of this article. (3) The transporter shall leave a copy of the invoice, bill of lading, or other documentation with each person who receives the fuel into bulk storage for resale. (e) Delivery of motor fuel from a transport tank truck or vessel directly into the fuel tank of any motor vehicle in this state is prohibited except in cases of emergency. (f) Every person purchasing or otherwise acquiring motor fuel in bulk quantities for sale, use, or other disposition in this state who is not required to be licensed as a

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distributor by this article may be required to file by the twentieth day of each calendar month a report on forms prescribed by the commissioner to account for all such motor fuel acquired during the preceding calendar month. Every operator of a terminal who receives motor fuel in bulk for storage shall include on a report to the commissioner the names of all persons who are storing fuel in the terminal and the quantity received, stored, and delivered during the month on behalf of each such account. The report shall specify what portion of the deliveries recorded for each account were within the terminal to others and what portion was removed from the terminal facility via the loading rack. The report shall identify the city or county and state or country of destination of the deliveries as reflected on the bills of lading issued by the terminal operator."
SECTION 13. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended by revising Code Section 10-9-10, relating to the exemption from taxation of the George L. Smith II Georgia World Congress Center Authority, as follows:
"10-9-10. 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 are public purposes and that the authority will be performing an essential governmental function in the exercise of the powers conferred upon it by this chapter. The authority shall be required to pay no taxes or assessments upon any property acquired or under its jurisdiction, control, possession, or supervision or upon its activities in the development, construction, operation, or maintenance of any of the projects or 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 shall not be subject to regulation of its activities in the acquisition, development, construction, operation, or maintenance of any of the projects or facilities acquired, developed, constructed, operated, or maintained by it by any county or municipal corporation of this state. The exemption from taxation provided for in this Code section shall include an exemption from sales and use tax on tangible personal property purchased by the authority for use exclusively by the authority. The revenue bonds or other evidence of indebtedness issued by the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within this state by the state or its municipalities or political subdivisions."
SECTION 14. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by revising Code Section 12-3-274, relating to the exemption from taxation of the Jekyll Island-State Park Authority, as follows:
"12-3-274. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose are in all respects for the benefit of the people of this state

FRIDAY, APRIL 20, 2007

4101

and constitute a public purpose and that the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this part. 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 upon any fees, rentals, or other charges received by the authority for the use of such buildings, or upon other income received by the authority. The exemption from taxation provided for in this Code section shall include an exemption from sales and use tax on tangible personal property purchased by the authority for use exclusively by the authority. Further, this state covenants that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state."
SECTION 15. Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, is amended by revising Code Section 52-2-37, relating to exemption from taxation of the Georgia Ports Authority; as follows:
"52-2-37. 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 is a public purpose and that the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this 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 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. The exemption from taxation provided for in this Code section shall include an exemption from sales and use tax on tangible personal property purchased by the authority for use exclusively by the authority."
SECTION 16. Sections 13, 14, 15, this section, and Section 17 of this Act shall become effective on July 1, 2007. The remaining provisions of this Act shall become effective on January 1, 2008.
SECTION 17. All laws and parts of laws in conflict with this Act are repealed.
Representative Royal of the 171st moved that the House adopt the report of the Committee of Conference on HB 219.

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On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H N Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier Y Freeman
Gardner Geisinger Y Glanton Y Golick Y Gordon E Graves Y Greene Y Hamilton 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 Y Hudson Y Hugley Y Jackson
Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas N Lunsford Y Maddox Y Mangham E Manning Y Marin

Martin E Maxwell
May McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Scott, M Y Sellier
Setzler Y Shaw
Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner
Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the motion, the ayes were 154, nays 2.

The motion prevailed.

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 225. By Representatives Royal of the 171st, Golick of the 34th, Roberts of the 154th, Keen of the 179th, O`Neal of the 146th and others:

FRIDAY, APRIL 20, 2007

4103

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 for state income tax purposes, so as to change certain provisions regarding the deduction for contributions to certain college savings plans; to provide an effective date; to provide 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 225

The Committee of Conference on HB 225 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 225 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Tommie Williams Senator, 19th District

/s/ Royal Representative, 171st District

/s/ Eric Johnson Senator, 1st District

/s/ Larry O'Neal Representative, 146th District

/s/ Chip Rogers Senator, 21st District

/s/ Jay Roberts Representative, 154th District

A BILL

To amend Titles 20 and 48 of the Official Code of Georgia Annotated, relating, respectively, to education and revenue and taxation, so as to change certain provisions regarding the Georgia Higher Education Savings Plan; to change certain provisions regarding savings trust accounts; to change certain provisions regarding the state income tax deduction for contributions to certain college savings plans; to provide an effective date; to provide applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in subsection (b) of Code Section 20-3-634, relating to savings trust accounts, by revising

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paragraph (3) as follows: "(3) Provisions for withdrawals, refunds, rollovers, transfers, and any penalties. An account owner may roll over all or part of any balance in an account to an account established on behalf of a different beneficiary to the extent allowed by Section 529 of the Internal Revenue Code. Unqualified withdrawals of contributions and earnings shall be subject to such penalties or taxation as may be imposed by the Internal Revenue Code. At its discretion, the board may impose additional penalties on unqualified withdrawals to be used by the plan to defray expenses; provided, however, that no such penalty shall apply to any withdrawal that does not require a penalty or tax surcharge under the Internal Revenue Code of 1986. Contributions and earnings shall not be eligible for qualified withdrawal until one year from the date of establishment of the account;"
SECTION 2. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in subsection (a) of Code Section 48-7-27, relating to computation of taxable net income for state income tax purposes, by revising paragraph (11) and by adding a new paragraph to read as follows:
"(11)(A) For taxable years beginning on or after January 1, 2002, and prior to January 1, 2007, an amount equal to the amount of contributions by parents or guardians of a designated beneficiary to a savings trust account established pursuant to Article 11 of Chapter 3 of Title 20 on behalf of the designated beneficiary who is claimed as a dependent on the Georgia income tax return of the beneficiary's parents or guardians, but not exceeding $2,000.00 per beneficiary. (B) If the parents or guardians file joint returns, separate returns, or single returns, the sum of contributions constituting deductions on their returns under this paragraph shall not exceed $2,000.00 per beneficiary. (C) In order to claim the deduction for a taxable year:
(i) Such parent or guardian must have claimed and been allowed itemized deductions pursuant to Section 63(d) of the Internal Revenue Code of 1986 and paragraph (1) of this subsection; (ii) The federal adjusted gross income for such taxable year cannot exceed $100,000.00 for a joint return or $50,000.00 for a separate or single return except as provided in subparagraph (D) of this paragraph; and (iii) Such parent or guardian must be the account owner of the designated beneficiary's account. (D) The maximum deduction authorized by this paragraph for each beneficiary shall decrease by $400.00 for each $1,000.00 of federal adjusted gross income over $100,000.00 for a joint return or $50,000.00 for a separate or single return. (E) For purposes of this paragraph, contributions or payments for any such taxable year may be made during or after such taxable year but on or before the deadline for making contributions to an individual retirement account pursuant to Section 219(f)(3) of the Internal Revenue Code of 1986;

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4105

(11.1)(A) For taxable years beginning on or after January 1, 2007, an amount equal to the amount of contributions to a savings trust account established pursuant to Article 11 of Chapter 3 of Title 20 on behalf of the designated beneficiary, but not exceeding $2,000.00 per beneficiary. (B) If the contributor files a joint return, separate return, or single return, the sum of contributions constituting deductions on the contributor's returns under this paragraph shall not exceed $2,000.00 per return. (C) For purposes of this paragraph, contributions or payments for any such taxable year may be made during or after such taxable year but on or before the deadline for making contributions to an individual retirement account under federal law for such taxable year;"

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Royal of the 171st moved that the House adopt the report of the Committee of Conference on HB 225.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black
Bridges Brooks Y Bruce Y Bryant Y Buckner Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas

Y Dempsey Y Dickson 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
Frazier Y Freeman
Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson
Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R

Martin E Maxwell
May McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett

Y Scott, M Y Sellier
Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner
Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin

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Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H
Davis, S Y Day

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 Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Walker Y Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, M Y Williams, R
Wix Yates Richardson, Speaker

On the motion, the ayes were 153, 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 14.

By Senators Rogers of the 21st, Murphy of the 27th, Staton of the 18th and Douglas of the 17th:

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 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 following amendment was read and withdrawn:

Representatives Cox of the 102nd and Sheldon of the 105th move to amend SB 14 by adding after "fees;" on line 4 on page 1 the following:

to amend Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to fees for sheriff's services, so as to increase the fees for service in civil cases;

By adding the following new Section between lines 4 and 5 on page 2:

SECTION 3.1. Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to fees for sheriff's services, is amended by revising subsection (b) as follows:
"(b) For the services of the sheriff in civil cases, the following fees shall be charged:
(1) Serving copy of process and returning original, per copy .............. $ 25.00 $ 50.00

FRIDAY, APRIL 20, 2007

4107

(2) Action from another county, to be paid in advance ........................ 25.00 50.00

(3) Summoning each witness ................................................................ 6.00 50.00

(4) Each levy or writ of fieri facias ....................................................... 25.00 50.00

(5) Search and return of nulla bona.......................................................

13.00

(6) Serving summons of garnishment or rule against garnishee........... If more than one, for each additional copy ............................................

25.00 50.00 6.00, 50.00 if
different address

(7) Commissions on sales of property:

On sums of $50.00 or less......................................................................

8%

On excess above $50.00 up to $550.00..................................................

6%

For all sums exceeding $550.00, on excess ...........................................

3%

No commissions shall be charged unless property is actually sold.

(8) Making out and executing titles to land .......................................... If presented by purchaser .......................................................................

25.00 13.00

(9) Executing bill of sale to personal property, when demanded by purchaser ................................................................................................

13.00

(10) Forthcoming bonds........................................................................

13.00

(11) Serving process against tenant over or intruder upon land to dispossess them ...................................................................................... 25.00 50.00

(12) For dispossessing tenant or intruder.............................................. If notarial or personal service is requested ....................................

25.00 50.00

(13) Taking and returning counter-affidavit when summary process to dispossess tenant or intruder is resisted .............................................

13.00

(14) Settling each execution in his hands, settled without sale ............

13.00

(15) Levying an attachment .................................................................. 25.00 50.00

(16) Following property out of county with attachment, for every mile going and returning ........................................................................ .21 IRS rate

(17) Attending superior, state, or city courts, per day ..........................

20.00

(18) Probate courts, per day ..................................................................

15.00

(19) At elections as required by law, each day .....................................

20.00

(20) Collecting tax fi. fas. $100.00 or less, each...................................

5.00

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JOURNAL OF THE HOUSE

(21) Collecting tax fi. fas. over $100.00, each......................................

10.00"

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:

Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan
Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M N Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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
Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Y Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T
Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas
Lunsford Maddox Y Mangham E Manning Y Marin

Y Martin E Maxwell
May McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon
Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner
Starr Y Stephens
Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 155, nays 1.

The Bill, having received the requisite constitutional majority, was passed.

SB 19.

By Senators Whitehead, Sr. of the 24th, Williams of the 19th, Goggans of the 7th, Chance of the 16th, Hill of the 4th and others:

FRIDAY, APRIL 20, 2007

4109

A BILL to be entitled an Act to amend Code Section 32-6-170 of the O.C.G.A., relating to the authority of the Department of Transportation to pay costs of removal, relocation, or adjustment of certain utility facilities necessitated by construction of public roads, so as to allow the payment of the costs of certain facilities where the cost is in the public interest and the work is performed by the department's contractor; to amend Code Section 32-6-171 of the O.C.G.A, relating to the authority of the department to order the removal, relocation, or adjustment of utility facilities occupying any part of the public road system, so as to provide that a utility that fails to remove, relocate, or adjust a facility in a timely manner shall be responsible for failure to comply; 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce N Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan
Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson
Fleming N Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin
Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James N Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas
Lunsford

Y Martin E Maxwell
May McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter N Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, M

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Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Henson Y Hill, C Y Hill, C.A Y Holmes

Y Maddox Y Mangham E Manning Y Marin

Y Royal Y Rynders Y Sailor Y Scott, A

Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 162, nays 4.

The Bill, having received the requisite constitutional majority, was passed.

SB 96. By Senators Golden of the 8th and Stoner of the 6th:

A BILL to be entitled an Act to amend Article 11 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to drug-free workplace programs, so as to provide for onsite testing; to provide for oral testing; 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 Abrams Y Amerson Y Ashe
Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan
Cole Y Coleman Y Collins

Y Dempsey Y Dickson 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 Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Hatfield Y Heard, J

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins N Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord

Martin E Maxwell
May McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese

Y Scott, M Y Sellier Y Setzler
Shaw N Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard

FRIDAY, APRIL 20, 2007

4111

Y Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

Y Loudermilk Y Lucas
Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Williams, A Williams, E
Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 160, nays 2.

The Bill, having received the requisite constitutional majority, was passed.

Representative Sheldon of the 105th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

SB 123. By Senators Rogers of the 21st, Shafer of the 48th, Hawkins of the 49th, Hill of the 32nd, Schaefer of the 50th and others:

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 that twins or other multiples are placed in the same classroom if the parent or guardian requests; 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 requirements for placement of students in classrooms; to require that twins or other multiples are placed in the same classroom if the parent or guardian requests; to provide that each local board of education may set maximum class sizes for high school general education programs under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by adding a new Code section to read as follows:
"20-2-71. (a) For purposes of this Code section, the term 'higher order multiples' means triplets, quadruplets, quintuplets, or more.

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JOURNAL OF THE HOUSE

(b) A school must place twins or higher order multiples from the same family together in the same classroom if the children are in the same grade level at the same school and meet the eligibility requirements of the class, and the children's parent or legal guardian requests the placement, unless factual performance evidence shows proof that these specific students should be separated. The parent or guardian must request the classroom placement no later than 5 days before the first day of each school year or 5 days after the first day of attendance of the children during a school year if the children are enrolled in the school after the school year commences."
SECTION 2. Said chapter is further amended in Code Section 20-2-182, relating to program weights, maximum class size, and reporting requirements, by revising paragraph (2) of subsection (i) as follows:
"(2) The State Board of Education shall adopt for each instructional program authorized pursuant to Part 3 of this article except those programs included in paragraph (1) of this subsection the maximum number of students which may be taught by a teacher in an instructional period. For the remedial education, vocational laboratory, alternative education, and early intervention programs, the State Board of Education shall provide for a system average maximum class size that shall not exceed the funding class size by more than 20 percent, unless specifically authorized by the State Board of Education; provided, further, that the system average maximum class size for special education, gifted, and English for speakers of other languages classes shall be set by the State Board of Education. For each instructional program covered under this paragraph, the maximum number of students who may be taught by a teacher in an instructional period shall not exceed the system average maximum class size for the program by more than two students; provided, however, that a system average maximum class size which results in a fractional full-time equivalent shall be rounded up to the nearest whole number; provided, however, that this provision shall not apply to general education programs in mathematics, science, social studies, and language arts for grades 9 through 12. Beginning with the 20072008 school year, each local board of education shall be allowed to exceed maximum class sizes set by the state board pursuant to this paragraph for general education programs in mathematics, science, social studies, and language arts for grades 9 through 12 and may establish such maximum class sizes that shall not exceed the funding class size by more than 39 percent and shall annually report to the state board and to each school council in its school system such class sizes established. For a period not to exceed seven years, beginning with the 2000-2001 school year, local school systems shall be allowed to exceed the maximum class sizes set forth in this subsection in a manner consistent with State Board of Education rules and subsection (k) of this Code section, except for those programs included in paragraph (1) of this subsection beginning with the 2006-2007 school year. The State Board of Education shall lower the current maximum class sizes set by state board rules in effect for the 1999-2000 school year, beginning with the 2000-2001 school year, by an amount so

FRIDAY, APRIL 20, 2007

4113

that, beginning with the 2007-2008 school year, State Board of Education rules are in compliance with this subsection; provided, however, that this shall not apply to the programs included in paragraph (1) of this subsection beginning with the 2006-2007 school year."

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

N Abdul-Salaam N Abrams Y Amerson N Ashe Y Barnard Y Bearden N Beasley-Teague N Benfield Y Benton N Black Y Bridges N Brooks N Bruce Y Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd N Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan
Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M N Crawford, R N Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 N Frazier Y Freeman N Gardner Y Geisinger N Glanton Y Golick N Gordon Y Graves N Greene Y Hamilton N Hanner E Harbin N Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holmes

Y Holt Y Horne N Houston N Howard N Hudson N Hugley N Jackson Y Jacobs N James N Jamieson Y Jenkins Y Jerguson N Johnson, C E Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Knight
Knox Y Lakly Y Lane, B Y Lane, R N Levitas Y Lewis N Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford N Maddox N Mangham E Manning N Marin

Y Martin E Maxwell
May McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell E Morgan Y Morris N Mosby N Mumford N Murphy Y Neal Y Nix N Oliver Y O'Neal Y Parham Y Parrish E Parsons Y Peake N Porter N Powell Y Pruett Y Ralston N Randall N Reece Y Reese Y Rice Y Roberts N Rogers Royal Y Rynders N Sailor Y Scott, A

Y Scott, M Y Sellier Y Setzler N Shaw
Sheldon N Shipp Y Sims, B N Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner N Starr Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker N Watson Y Wilkinson Y Willard N Williams, A
Williams, E Y Williams, M Y Williams, R N Wix Y Yates
Richardson, Speaker

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JOURNAL OF THE HOUSE

On the passage of the Bill, by substitute, the ayes were 92, nays 73.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Porter of the 143rd moved that the House reconsider its action in giving the requisite constitutional majority to SB 123.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams N Amerson Y Ashe N Barnard N Bearden Y Beasley-Teague Y Benfield N Benton Y Black N Bridges Y Brooks Y Bruce N Bryant Y Buckner N Burkhalter N Burns N Butler Y Byrd Y Carter, A N Carter, B N Casas N Chambers
Channell Y Cheokas N Coan N Cole N Coleman
Collins N Cooper N Cox
Crawford, M Y Crawford, R Y Davis, H N Davis, S N Day

N Dempsey N Dickson
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 Y Frazier N Freeman Y Gardner N Geisinger Y Glanton N Golick Y Gordon N Graves Y Greene N Hamilton
Hanner E Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall N Hembree Y Henson Y Hill, C N Hill, C.A Y Holmes

N Holt N Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson N Jacobs Y James Y Jamieson Y Jenkins N Jerguson Y Johnson, C E Johnson, T N Jones, J Y Jones, S Y Jordan Y Kaiser N Keen N Keown N Knight N Knox N Lakly N Lane, B N Lane, R Y Levitas N Lewis N Lindsey Y Lord N Loudermilk Y Lucas N Lunsford Y Maddox Y Mangham E Manning Y Marin

N Martin E Maxwell
May McCall Y McKillip N Meadows N Millar N Mills Y Mitchell E Morgan N Morris Y Mosby Y Mumford Y Murphy N Neal N Nix Y Oliver N O'Neal N Parham N Parrish E Parsons N Peake Y Porter Y Powell N Pruett Ralston Y Randall Y Reece N Reese Rice N Roberts Y Rogers N Royal N Rynders Y Sailor N Scott, A

N Scott, M N Sellier N Setzler Y Shaw
Sheldon Y Shipp N Sims, B Y Sims, C Y Sims, F Y Sinkfield N Smith, B N Smith, L N Smith, R N Smith, T N Smith, V Y Smyre Y Stanley-Turner Y Starr N Stephens Y Stephenson N Talton Y Teilhet Y Thomas, A.M Y Thomas, B N Tumlin N Walker Y Watson N Wilkinson N Willard Y Williams, A
Williams, E N Williams, M N Williams, R Y Wix N Yates
Richardson, Speaker

On the motion, the ayes were 75, nays 86.

The motion was lost.

FRIDAY, APRIL 20, 2007

4115

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 15.

By Senators Wiles of the 37th, Rogers of the 21st, Mullis of the 53rd and Hill of the 32nd:

A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to change certain provisions relating to driver's license requirement, surrender of prior licenses, and prohibition of local licenses; to change certain provisions relating to driving while license suspended or revoked; to specify punishments for driving without being licensed; to amend Code Section 424-14 of the Official Code of Georgia Annotated, relating to determination of nationality of person charged with felony or driving under the influence and confined in a jail facility, so as to provide for determination of nationality of person convicted of driving without being licensed; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee 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 change certain provisions relating to driver's license requirement, surrender of prior licenses, and prohibition of local licenses; to change certain provisions relating to driving while license suspended or revoked; to specify punishments for driving without being licensed; to amend Code Section 42-4-14 of the Official Code of Georgia Annotated, relating to determination of nationality of person charged with felony or driving under the influence and confined in a jail facility, so as to provide for determination of nationality of person convicted of driving without being licensed; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by revising subsection (a) of Code Section 40-5-20, relating to driver's license requirement, surrender of prior licenses, and prohibition of local licenses, as follows:
"(a) No person, except those expressly exempted in this chapter, shall drive any motor vehicle upon a highway in this state unless such person has a valid driver's license under this chapter for the type or class of vehicle being driven. Any person who is a resident of this state for 30 days shall obtain a Georgia driver's license before operating

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JOURNAL OF THE HOUSE

a motor vehicle in this state. Any violation of this subsection, except the violation of driving with an expired license, shall be punished as provided in Code Section 40-5121."
SECTION 2. Said chapter is further amended by revising Code Section 40-5-121, relating to driving while license suspended or revoked, as follows:
"40-5-121. (a) Except when a license has been revoked under Code Section 40-5-58 as a habitual violator, any person who drives a motor vehicle on any public highway of this state without being licensed as required by subsection (a) of Code Section 40-5-20 or at a time when his or her privilege to do so drive is suspended, disqualified, or revoked shall be guilty of a misdemeanor for a first conviction thereof and, upon a first conviction thereof or plea of nolo contendere 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 punished by imprisonment for not less than two days nor more than 12 months, and there may be imposed in addition thereto a fine of not less than $500.00 nor more than $1,000.00; provided, however, that the court, within its discretion, may suspend the period of imprisonment if at the time of the offense the person convicted had newly established residency in this state immediately prior to the offense, had in his or her possession a valid driver's license issued by another state, and, for good cause shown, had not yet obtained a driver's license issued by this state as required. For the second or subsequent conviction 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, such person shall be guilty of a high and aggravated misdemeanor and shall be punished by imprisonment for not less than ten days nor more than 12 months, and there may be imposed in addition thereto a fine of not less than $1,000.00 nor more than $2,500.00. For the third or subsequent conviction 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, such person shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than five years, and there may be imposed in addition thereto a fine of not less than $2,500.00 nor more than $5,000.00. (b) 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.

FRIDAY, APRIL 20, 2007

4117

(c) For purposes of pleading nolo contendere, only one nolo contendere plea will be accepted to a charge of driving without being licensed or with a suspended or disqualified license within a five-year period as measured from date of arrest to date of arrest. All other nolo contendere pleas in this period will be considered convictions. For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction. There shall be no limited driving permit available for a suspension or disqualification under this Code section. (d) Notwithstanding the limits set forth in Code Section 40-5-124 and in any municipal charter, any municipal court of any municipality shall be authorized to impose the punishment for a misdemeanor or misdemeanor of a high and aggravated nature as applicable and provided for in this Code section upon a conviction of a non-felony charge of violating this Code section or upon conviction of violating any ordinance adopting the provisions of this Code section."
SECTION 3. Code Section 42-4-14 of the Official Code of Georgia Annotated, relating to determination of nationality of person charged with felony or driving under the influence and confined in a jail facility, is amended by revising subsection (a) as follows:
"(a) When any person charged with a felony or with driving under the influence pursuant to Code Section 40-6-391 or convicted of driving without being licensed in violation of subsection (a) of Code Section 40-5-20 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."
SECTION 4. This Act shall become effective on July 1, 2007.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Bearden of the 68th moves to amend the Committee substitute to SB 15 as follows:
Line 15 after the word "second" add words "and third"
Line 22 strike the word "third" and add the word "fourth".
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.

4118

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:

N Abdul-Salaam N Abrams Y Amerson N Ashe Y Barnard Y Bearden N Beasley-Teague N Benfield Y Benton N Black Y Bridges N Brooks N Bruce Y Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd N Carter, A Y Carter, B Y Casas Y Chambers N Channell N Cheokas Y Coan Y Cole
Coleman Y Collins Y Cooper Y Cox N Crawford, M Y Crawford, R N Davis, H Y Davis, S Y Day

Y Dempsey N Dickson Y Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming Y Floyd, H N Floyd, J N Fludd Y Forster Y Franklin N Frazier Y Freeman N Gardner Y Geisinger N Glanton Y Golick N Gordon Y Graves N Greene Y Hamilton N 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 N Houston N Howard N Hudson N Hugley N Jackson Y Jacobs N James N Jamieson N Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey N Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham E Manning N Marin

Y Martin E Maxwell Y May
McCall N McKillip Y Meadows Y Millar
Mills N Mitchell E Morgan Y Morris N Mosby N Mumford N Murphy Y Neal N Nix N Oliver Y O'Neal Y Parham N Parrish E Parsons Y Peake N Porter Y Powell Y Pruett Y Ralston N Randall N Reece Y Reese Y Rice Y Roberts Y Rogers N Royal Y Rynders N Sailor Y Scott, A

Y Scott, M N Sellier Y Setzler N Shaw Y Sheldon N Shipp Y Sims, B N Sims, C Y Sims, F N Sinkfield Y Smith, B N Smith, L Y Smith, R N Smith, T Y Smith, V N Smyre N Stanley-Turner N Starr N Stephens N Stephenson Y Talton Y Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker N Watson Y Wilkinson Y Willard N Williams, A
Williams, E Y Williams, M N Williams, R N Wix
Yates Richardson, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 94, nays 75.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Marin of the 96th moved that the House reconsider its action in giving the requisite constitutional majority to SB 15.

On the motion, the roll call was ordered and the vote was as follows:

FRIDAY, APRIL 20, 2007

4119

Y Abdul-Salaam Y Abrams N Amerson Y Ashe
Barnard N Bearden Y Beasley-Teague
Benfield N Benton Y Black N Bridges Y Brooks Y Bruce N Bryant Y Buckner N Burkhalter N Burns N Butler N Byrd Y Carter, A N Carter, B N Casas N Chambers Y Channell
Cheokas N Coan N Cole
Coleman N Collins N Cooper N Cox N Crawford, M Y Crawford, R Y Davis, H N Davis, S N Day

N Dempsey N Dickson N Dollar Y Drenner Y Dukes N Ehrhart N England Y Epps N Everson N Fleming N Floyd, H N Floyd, J Y Fludd N Forster N Franklin Y Frazier N Freeman Y Gardner N Geisinger Y Glanton N Golick Y Gordon N Graves Y Greene N Hamilton Y Hanner N Harbin N Hatfield N Heard, J N 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 N Hudson Y Hugley Y Jackson N Jacobs Y James Y Jamieson Y Jenkins N Jerguson N Johnson, C E Johnson, T N Jones, J Y Jones, S Y Jordan N Kaiser N Keen N Keown N Knight N Knox N Lakly N Lane, B N Lane, R Y Levitas N Lewis N Lindsey Y Lord N Loudermilk Y Lucas
Lunsford N Maddox Y Mangham E Manning Y Marin

N Martin E Maxwell N May N McCall Y McKillip N Meadows
Millar N Mills Y Mitchell E Morgan N Morris Y Mosby Y Mumford N Murphy N Neal N Nix Y Oliver N O'Neal N Parham Y Parrish N Parsons N Peake N Porter
Powell N Pruett N Ralston Y Randall Y Reece N Reese N Rice N Roberts Y Rogers N Royal N Rynders Y Sailor N Scott, A

N Scott, M N Sellier N Setzler Y Shaw N Sheldon Y Shipp N Sims, B Y Sims, C N Sims, F Y Sinkfield N Smith, B N Smith, L N Smith, R Y Smith, T N Smith, V Y Smyre Y Stanley-Turner N Starr Y Stephens Y Stephenson N Talton Y Teilhet Y Thomas, A.M Y Thomas, B N Tumlin N Walker Y Watson N Wilkinson N Willard Y Williams, A
Williams, E N Williams, M N Williams, R Y Wix N Yates
Richardson, Speaker

On the motion, the ayes were 63, nays 104.

The motion was lost.

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 "nay" thereon.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 181. By Representatives Jacobs of the 80th, Millar of the 79th, Chambers of the 81st, Levitas of the 82nd, Oliver of the 83rd and others:

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JOURNAL OF THE HOUSE

A BILL to be entitled an Act to amend Chapter 75 of Title 36 of the Official Code of Georgia Annotated, relating to war on terrorism local assistance, so as to provide for limitations with respect to the creation, activation, and activities of public safety and judicial facilities authorities and joint public safety and judicial facilities authorities; to provide for legislative intent; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
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 provide for limitations with respect to the creation, activation, and activities of public safety and judicial facilities authorities; to require resolutions and referendums prior to issuing bonds for new projects; to provide that certain authorities located in counties that have activated or activate public safety and judicial facilities authorities shall obtain approval by resolution and referendum prior to issuing bonds; to provide that counties or municipalities that activate a public safety and judicial facilities authority shall not activate a joint public safety and judicial facilities authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 75 of Title 36 of the Official Code of Georgia Annotated, relating to war on terrorism local assistance, is amended by adding new Code sections to read as follows:
"36-75-11. (a) On and after the effective date of this Code section, no public safety and judicial facilities authority created and activated in a single county pursuant to this chapter shall be authorized to issue bonded indebtedness for new projects unless a resolution approving such projects passed by a majority vote of the governing authority of the county that created and activated such authority was ratified by the electors of the county in a referendum. (b) If a public safety and judicial facilities authority created and activated in a single county pursuant to this chapter desires to fund multiple projects in a bond issue, such projects shall be ranked in the order they will be funded after approval by the governing authority and ratification by the electors under this Code section. Such order of funding shall be binding on the public safety and judicial facilities authority and such projects shall be funded in the order approved unless a different order is submitted to the governing authority for approval and electors for ratification. (c) Any authority other than the type of authority defined in paragraph (1) of Code Section 36-75-3:

FRIDAY, APRIL 20, 2007

4121

(1) Which is authorized by general or local Act to operate and incur bonded indebtedness in a single county that has activated or that activates a public safety and judicial facilities authority pursuant to this chapter; and (2) Which constructs or operates buildings or facilities for use by any department, agency, division, or commission of any county that has activated or that activates a public safety and judicial facilities authority pursuant to this chapter shall obtain approval by resolution and referendum as provided in this Code section prior to issuing bonds for any new buildings or facilities or improvements to existing buildings or facilities.
36-75-12. Those public safety and judicial facilities authorities created and activated pursuant to this chapter that have issued the $50 million maximum aggregate amount of bonds permitted under paragraph (13) of Code Section 36-75-7 shall be subject to the provisions of Code Section 36-75-11 when such bonded indebtedness is reduced and such authorities desire to issue additional bonds for new projects.
36-75-13. On and after the effective date of this Code section, no county or municipality that has activated or that activates a public safety and judicial facilities authority shall also activate a joint public safety and judicial facilities authority."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Jacobs of the 80th and Willard of the 49th move to amend the Senate substitute to HB 181 as follows:
On page 1, line 17, and page 1, lines 22 and 23, strike the word "in" and insert the word "by" before "a single county".
Representative Jacobs of the 80th moved that the House agree to the Senate substitute, as amended by the House, to HB 181.
On the motion, the roll call was ordered and the vote was as follows:

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JOURNAL OF THE HOUSE

N Abdul-Salaam N Abrams Y Amerson N Ashe Y Barnard Y Bearden N Beasley-Teague N Benfield Y Benton N Black Y Bridges N Brooks N Bruce
Bryant N Buckner
Burkhalter Y Burns Y Butler Y Byrd N Carter, A Y Carter, B Y Casas Y Chambers
Channell Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Crawford, M Crawford, R N Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 N Frazier Y Freeman N Gardner Y Geisinger N Glanton Y Golick N Gordon Y Graves N Greene Y Hamilton N Hanner
Harbin Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holmes

Y Holt Y Horne Y Houston N Howard N Hudson N Hugley N Jackson Y Jacobs N James N Jamieson N Jenkins Y Jerguson N Johnson, C E Johnson, T
Jones, J N Jones, S N Jordan N Kaiser
Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis
Lindsey Lord Y Loudermilk N Lucas Lunsford Y Maddox N Mangham E Manning N Marin

Y Martin E Maxwell Y May Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell E Morgan Y Morris N Mosby N Mumford N Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham
Parrish Y Parsons Y Peake N Porter N Powell
Pruett Y Ralston N Randall N Reece Y Reese Y Rice Y Roberts N Rogers Y Royal Y Rynders N Sailor Y Scott, A

Y Scott, M Y Sellier Y Setzler N Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C
Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V N Smyre N Stanley-Turner N Starr
Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker N Watson Y Wilkinson Y Willard N Williams, A
Williams, E Y Williams, M Y Williams, R N Wix Y Yates
Richardson, Speaker

On the motion, the ayes were 93, nays 64.

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 84.

By Senators Shafer of the 48th, Douglas of the 17th, Rogers of the 21st, Hudgens of the 47th, Moody of the 56th and others:

A BILL to be entitled an Act to amend Code Section 33-6-4 of the Official Code of Georgia Annotated, relating to enumeration of unfair methods of competition and unfair or deceptive acts or practices, so as to protect

FRIDAY, APRIL 20, 2007

4123

members of the armed forces of the United States from unscrupulous practices regarding the marketing and sale of 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce
Bryant Y Buckner
Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan E Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M
Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Y Hudson Y Hugley Y Jackson
Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser
Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis
Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Martin E Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B
Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, M 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.

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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.
The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:
HB 655. By Representatives Smith of the 113th, Holt of the 112th and Amerson of the 9th:
A BILL to be entitled an Act to amend Chapter 1 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions relative to handicapped persons, so as to change certain provisions relating to a definition of hearing impaired person; and the Georgia Service Center for Hearing Impaired Persons; to create the Georgia Commission on Hearing Impaired and Deaf Persons and provide for its members, powers, and duties; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL
To amend Chapter 1 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions relative to handicapped persons, so as to change certain provisions relating to a definition of a hearing impaired person and the Georgia Service Center for Hearing Impaired Persons; to create the Georgia Commission on Hearing Impaired and Deaf Persons and provide for its members, powers, and duties; to amend Code Section 46-5-30 of the Official Code of Georgia Annotated, relating to the establishment, administration, and operation of a state-wide dual party telecommunications relay service for the hearing and speech impaired, so as to change certain provisions relating to authorized expenditures from the fund; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions relative to handicapped persons, is amended by revising Code Section 30-1-5, relating to a definition of a hearing impaired person and the Georgia Service Center for Hearing Impaired Persons, as follows:
"30-1-5. (a) For purposes of this Code section, the term 'hearing impaired person' means any person whose hearing is totally impaired, is so seriously impaired as to prohibit the person from understanding oral communication spoken in a normal conversational tone,

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or as a result of either such impairment is severely speech impaired who, absent the aid of a hearing device, has any degree of impairment in the ability to apprehend sound. (b) The Department of Human Resources shall establish a Georgia Service Center for Hearing Impaired Persons. The center shall provide services to hearing impaired persons, which services shall include, without being limited to:
(1) Telecommunications Devices for the Deaf (TDD) relay services using nonhearing impaired third parties to connect hearing impaired persons with nonhearing impaired persons; (2) A full range of counseling services to hearing impaired persons and their immediate families including, without being limited to, family, marital, and individual counseling; drug and alcohol abuse support groups; and parenting skills groups; and (3) Community outreach services to inform the general public and state and local government agencies regarding the services provided by the center.
(b)(1)(A) There is created the Georgia Commission on Hearing Impaired and Deaf Persons, which shall consist of seven members. Five members shall be appointed by the Governor, one member shall be appointed by the Senate Committee on Assignments, and one member shall be appointed by the Speaker of the House of Representatives. At least two of the members shall be hearing impaired persons, and the remaining five members of the commission shall be selected from among parents of children who are hearing impaired persons, persons who are involved with hearing impaired persons or programs, and representatives of private providers of services to hearing impaired persons. Each commission member shall serve for a three-year term and until a successor is appointed and qualified. No member shall serve more than two consecutive terms. Any vacancy on the commission for any reason other than expiration of term shall be filled in the same manner as the original appointment for the remainder of the unexpired term. (B) The commission shall select one member as chairperson. (C) The commission shall be attached to the Department of Human Resources for administrative purposes only as provided by Code Section 50-4-3. (2) Members of the commission shall serve as such without compensation. (3) The commission shall serve as the principal agency of the state to advocate on behalf of hearing impaired persons by working to ensure those persons have equal access to the services, programs, and opportunities available to others. (4) The commission shall: (A) Assist hearing impaired persons and parents of hearing impaired persons who are students in advocating for equal access to services, programs, and opportunities; (B) Advise the Governor, General Assembly, commissioner of human resources, and commissioner of community health on the development of policies, programs, and services affecting hearing impaired persons and on the use of appropriate federal and state moneys for such purposes; (C) Create a public awareness of the special needs and potential of hearing impaired persons;

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(D) Provide the Governor, General Assembly, commissioner of human resources, and commissioner of community health with a review of ongoing services, programs, and proposed legislation affecting hearing impaired persons; (E) Advise the Governor, General Assembly, commissioner of human resources, and commissioner of community health on statutes, rules, and policies necessary to ensure that hearing impaired persons have equal access to benefits and services provided to individuals in this state; (F) Recommend to the Governor, General Assembly, commissioner of human resources, and commissioner of community health legislation designed to improve the economic and social conditions of hearing impaired persons in this state; (G) Propose solutions to problems of hearing impaired persons in the areas of education, employment, human rights, human services, health, housing, and other related programs; (H) Work with other state and federal agencies and private organizations to promote economic development for hearing impaired persons; and (I) Coordinate its efforts with other state and local agencies serving hearing impaired persons. (5) The commission may appoint, subject to the availability of funds and approval of the Governor, an executive director who must be experienced in administrative activities and familiar with the problems and needs of hearing impaired persons. The commission may delegate to the executive director any powers and duties under this subsection that do not require commission approval. The executive director may be removed at any time by a majority vote of the commission. The executive director shall coordinate the provision of necessary support services to the commission with the Department of Human Resources. Subject to availability of funds, the executive director may employ and direct staff necessary to carry out commission mandates, policies, activities, and objectives. (6) The commission may contract in its own name. Contracts must be approved by a majority of the members of the commission and executed by the chairperson and the executive director. The commission may apply for, receive, and expend in its own name grants and gifts of money consistent with the powers and duties specified in this subsection. (7) The commission may prepare and distribute periodic reports to the Governor, General Assembly, commissioner of human resources, and commissioner of community health concerning the activities of the commission and the needs and concerns of hearing impaired persons."
SECTION 2. Code Section 46-5-30 of the Official Code of Georgia Annotated, relating to the establishment, administration, and operation of a state-wide dual party telecommunications relay service for the hearing and speech impaired, is amended by revising subsection (c) as follows:

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"(c) The commission shall require all local exchange telephone companies in this state, except those operated by telephone membership corporations, to impose a monthly maintenance surcharge on all residential and business local exchange access facilities. For the purpose of this subsection, 'exchange access facility' means the access from a particular telephone subscriber's premise to the telephone system of a local exchange telephone company. 'Exchange access facility' includes local exchange company provided access lines, private branch exchange trunks, and centrex network access registers, all as defined by tariffs of telephone companies as approved by the commission. The amount of the surcharge shall be determined by the commission based upon the amount of funding necessary to accomplish the purposes of this Code section and provide the services on an ongoing basis; however, in no case shall the amount exceed 20 per month. A maximum of 5 of this monthly surcharge per access line shall be utilized for a telecommunications equipment distribution program and a maximum of 1 of this monthly surcharge per access line shall be utilized to fund an audible universal information access service. If the projected cost of the operation of the relay service exceeds a monthly surcharge of 15 at any time, funding for the telecommunications equipment distribution program and the audible universal information access service will be reduced by the amount required to fully fund the relay service, under the existing cap of 20 for the period of time necessary. No additional fees other than the surcharge authorized by this subsection shall be imposed on any user of such relay or information access service. The local exchange companies shall collect the surcharge from their customers and transfer the moneys collected to a special fund to be held separate from all other funds. The fund shall be used solely for the administration and operation of the relay service, the information access service, and the telecommunications equipment distribution program and for other hearing technology and shall not be imposed, collected, or expended for any other purpose."

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 655.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson
Jacobs Y James
Jamieson

Y Martin E Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan

Y Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Y Shipp
Sims, B Sims, C Y Sims, F Y Sinkfield

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Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas
Chambers Y Channell
Cheokas Coan E Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Crawford, R Y Davis, H Y Davis, S Y Day

Y Floyd, H Y Floyd, J
Fludd Y Forster
Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Jenkins Y Jerguson Y Johnson, C E Johnson, T
Jones, J Y Jones, S
Jordan Y Kaiser
Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece
Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens
Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker
Watson Y Wilkinson Y Willard
Williams, A Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker

On the motion, the ayes were 152, nays 0.

The motion prevailed.

HB 448. By Representatives Bridges of the 10th and Maxwell of the 17th:

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 establish two funds for the provision of term life insurance to certain eligible persons; to provide for a retired and vested inactive members fund and an active members fund; to provide for fund assets; to provide for contributions to the fund; to provide for the management and investing of fund assets; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Senate substitute was read:

A BILL

To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to establish two funds for the provision of term life insurance to certain eligible persons; to provide for a retired and vested inactive members fund and an active

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members fund; to provide for fund assets; to provide for contributions to the fund; to provide for the management and investing of fund assets; 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 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by revising subsection (c) of Code Section 47-2-54, relating to payment of state employee contributions on behalf of employees, inclusion if contributions in compensation for determining benefits, and adjustment in compensation of state employees, as follows:
"(c) Of the one-half of 1 percent deducted from the earnable compensation of members, one-quarter of 1 percent shall be credited to each member's account in the annuity savings fund, and the remaining one-quarter of 1 percent shall be credited to the group term life insurance fund, as provided in Code Section 47-19-10, in lieu of the deduction required under Code Section 47-2-128. If a member is not covered by group term life insurance, the entire one-half of 1 percent deducted from his earnable compensation shall be credited to his individual account in the annuity savings fund."
SECTION 2. Said title is further amended by revising subsection (c) of Code Section 47-2-334, relating to service retirement allowance, calculation, employee membership contributions, employer contributions, optional membership, conditions, and construction of provision, as follows:
"(c) From and after July 1, 1990, every member subject to this Code section shall contribute employee membership contributions in an amount not less than 1 percent nor greater than 1 1/2 percent of earnable compensation, which shall be deducted by each employer from the earnable compensation of each member for each and every payroll period and paid monthly to the board of trustees; provided, however, that any reduction in such percentage shall be based upon the recommendation of the actuary of the board of trustees, 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 such other factors as the board deems relevant. Of the percentage deducted from the earnable compensation of members, one-fourth of 1 percent shall be credited to the group term life insurance fund in lieu of any other deduction therefor, as provided in Code Section 47-19-10, and the remaining portion shall be credited to the individual accounts of the members in the annuity savings fund. In the event a member is not covered by group term life insurance, the entire amount deducted from the member's earnable compensation shall be credited to the member's individual account in the annuity savings fund."

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SECTION 3. Said title is further amended by revising Chapter 19, relating to the State Employees' Assurance Department, by adding a new Code section to read as follows:
"47-19-10. (a) As used in this Code section, the term 'directors' means the board of directors of the State Employees' Assurance Department. (b) There shall be established two separate trust funds under the control and management of the directors to be maintained for the provision of group term life insurance for eligible members of the Employees' Retirement System of Georgia, the Georgia Legislative Retirement System, and the Georgia Judicial Retirement System as follows:
(1) One trust fund shall be known as the 'retired and vested inactive members trust fund,' which shall be administered in the following manner:
(A) There shall be accumulated in the fund the payments made to the trust fund as premiums received from the Employees' Retirement System of Georgia, the Georgia Legislative Retirement System, and the Georgia Judicial Retirement System as premiums for retired and vested inactive members of such retirement funds, as provided in subsection (c) of this Code section, including interest earned on deposits and investments of such payments; and (B) All assets of the trust fund and all income, interest, and dividends derived from deposits and investments shall be used for the payments of benefits and expenses necessary for the maintaining of survivors benefit coverage. Such benefits and expenses shall in no manner become an obligation of the pension accumulation fund; and (2) One trust fund shall be known as the 'active members fund' which shall be administered in the following manner: (A) There shall be accumulated in the trust fund the payments made to the trust fund as premiums received from the Employees' Retirement System of Georgia, the Georgia Legislative Retirement System, and the Georgia Judicial Retirement System as premiums for active members of such retirement funds, as provided in subsection (c) of this Code section, including interest earned on deposits and investments of such payments; and (B) All assets of the trust fund and all income, interest, and dividends derived from deposits and investments shall be used for the payments of benefits and expenses necessary for the maintaining of survivors benefit coverage. Such benefits and expenses shall in no manner become an obligation of the pension accumulation fund. (c) On or before June 1 of every year, the boards of trustees of each contracting retirement system shall collect contributions from employees and employers, in accordance with the laws governing the individual retirement systems, and shall transmit such funds to the directors. The directors shall deposit such funds in the trust funds established by this Code section in such respective amounts as directed by the actuary for the directors.

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(d) The directors shall be authorized to contract with the Employees' Retirement System of Georgia for the management and investment of all fund assets and for the provision of actuarial services. Such assets may be commingled with other assets under the control of the Employees' Retirement System of Georgia, but shall be separately accounted for. (e) Any other provision of law to the contrary notwithstanding, employee and employer contributions to the trust funds established by this Code section are irrevocable. The assets of such trust funds are dedicated to providing benefits to active, retired, and vested inactive members and their beneficiaries in accordance with the terms of the plan for group term life insurance. All trust fund assets are protected from creditors of any employer or of the Employees' Retirement System of Georgia, the Georgia Legislative Retirement System, the Georgia Judicial Retirement System, or the State Employees' Assurance Department."
SECTION 4. Said title is further amended by revising Code Section 47-23-29, relating to survivors benefits, as follows:
"47-23-29. (a) Wherever the term 'survivors benefits' is used or referred to in this chapter, it shall be construed to be group term life insurance. Whenever reference is made in this Code section to members of this retirement system, such reference shall include active superior court judges subject to Chapter 8 of this title. (b) Pursuant to the provisions of this Code section and rules and regulations adopted for such purpose, the board of trustees may provide for survivors benefits for members, former members, and retired members of the retirement system; provided, however, that the provisions of this Code section shall apply only to persons who are active members of this retirement system on or after July 1, 2002. (c) There shall be established an additional fund, to be known as the 'survivors benefit fund,' which shall be administered in the following manner:
(1) There shall be accumulated in the survivors benefit fund the payments made to the fund as provided in subsection (d) of this Code section, including interest earned on deposits and investments of such payments; (2) There shall also be accumulated in the survivors benefit fund the payments required of retired members and vested former members covered for survivors benefits as provided in subsections (g) and (h) of this Code section, together with interest earned on such payments; and (3) All assets of the survivors benefit fund and all income, interest, and dividends derived from deposits and investments shall be used for the payments of benefits and expenses necessary for the maintaining of survivors benefit coverage. Such benefits and expenses shall in no manner become an obligation of the pension accumulation fund. (d)(c) Contributions for survivors benefits shall be provided for and administered in the following manner:

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(1) After notice from the board of trustees, each employer shall cause to be deducted from the earnable monthly compensation of each member the an additional amount established by the board of trustees, but such amount shall not exceed one-half of 1 percent of the member's earnable monthly compensation. Such deductions shall be made under the same conditions as set forth in paragraph (2) of subsection (a) of Code Section 47-3-41 47-23-41. A member's payment for coverage shall vest in the member no rights other than for the period for which the member has paid the required additional contributions into the survivors benefit fund; and (2) There is authorized an employer payment to the fund which shall be a percentage of the earnable monthly compensation of the members of the retirement system. The board of trustees shall establish the rate of such payment, but in no case shall such rate, when added to the members' contributions, exceed 1 percent. Funds for employer payment shall be requested in the same manner as provided in Article 5 of this chapter. (e)(d) The board of trustees may adopt any rules or regulations which are not in conflict with this Code section and which it deems necessary in establishing and maintaining the plan of operation, including benefit tables and other provisions of coverage. Such rules and regulations shall include the following: (1) A member's payment for coverage shall vest in the member no rights other than for the period for which the member has paid the required additional contributions into the survivors benefit fund; (2) A notice by the board of trustees to members that the additional contributions provided for in this Code section will be credited in the future to the individual member's annuity savings account shall suspend any and all survivors benefit coverage then in effect, provided that such action shall be applicable to all members alike and without prejudice to any survivors benefits pending in the case of a thendeceased member; and (3) Subsequent to any notice released under paragraph (2) of this subsection, any additional notice made in the same manner and within 12 months of the original notice to the effect that coverage is again available shall reestablish survivors benefits to those members formerly covered and to all new members who are otherwise eligible. (f) The board of trustees may determine the date on which the plan for survivors benefit coverage shall be placed into operation. The board of trustees shall notify all employers who, in turn, shall notify the members that additional contributions will commence on the determined date. (g)(e) The survivors benefits program may provide for a reduction of benefits after the attainment of a certain age and for a different or no contribution after retirement based on such reduction in benefits. The board of trustees is authorized to promulgate rules and regulations to carry out this subsection. (h)(f) Any other provisions of this chapter or any rules or regulations to the contrary notwithstanding, any member who withdraws from service before attaining age 60 but whose right to a service retirement allowance has vested under Code Section 47-23-102

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may continue paying the amount under this Code section which the member was paying at the time of withdrawing from service, together with the amount of the employer contribution in effect at the time of such withdrawal, in which case the benefits under this Code section shall remain fixed at the same amount as they would have been had the member died on the day immediately preceding the member's withdrawal. Only those members with at least 18 years of creditable service at the time of withdrawal from service shall be eligible under this subsection, subject to the provisions of subsection (g) (e) of this Code section."

SECTION 5. Said title is further amended by revising Code Section 47-23-30, relating to contract for group term life insurance protection, as follows:
"47-23-30. The board of trustees may provide group term life insurance protection for the members of the retirement system as the survivors benefits program provided for in Code Section 47-23-29 by contracting for such service with the board of trustees of the Employees' Retirement System of Georgia for the inclusion of members of this retirement system in the program of group life insurance protection conducted for the benefit of the members of such retirement system. Such contract must provide benefits to those persons entitled to benefits under Code Section 47-23-29. All or any part of funds and other assets previously accumulated for the purposes of Code Section 47-23-29 may be used by the board of trustees in the execution of this contract. Contributions for such coverage shall be provided for and collected as set forth in subsection (d) (c) of Code Section 47-23-29."

SECTION 6. This Act shall become effective on June 30, 2007.

SECTION 7. 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 448.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague
Benfield Y Benton

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James

Y Martin E Maxwell Y May Y McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell

Y Scott, M Y Sellier
Setzler Y Shaw Y Sheldon Y Shipp
Sims, B Y Sims, C Y Sims, F

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Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns
Butler Y Byrd Y Carter, A
Carter, B Y Casas
Chambers Y Channell Y Cheokas Y Coan E Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M Crawford, R Y Davis, H Y Davis, S Y Day

Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton
Golick Y Gordon Y Graves Y Greene Y Hamilton 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

Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S
Jordan Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

E Morgan Morris
Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece
Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens
Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker
Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the motion, the ayes were 151, nays 0.

The motion prevailed.

HB 394. By Representatives Lunsford of the 110th, Ralston of the 7th, O`Neal of the 146th, Harbin of the 118th, Morris of the 155th and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 11 of Title 16 of the O.C.G.A., relating to offenses against public order, so as to provide for the crime of unlawful conduct during 9-1-1 calls; to provide for criminal penalties; 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 that certain fees collected on behalf of local governments shall be paid to the Department of Community Affairs for disbursement to the local governments; to provide for an accounting; to provide for an administrative fee; 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 with respect to the appropriation of funds; to provide for the lapse of unexpended

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amounts; to provide for administration of the fund by the Department of Community Affairs; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL
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 9-1-1 calls; to provide for criminal penalties; to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to the emergency telephone number 9-1-1 system, so as to define certain terms; to provide for an accounting; 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 with respect to 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 grants from the Emergency 9-1-1 Assistance Fund; to provide certain uniform, state-wide training for directors of public safety answering points; to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to revise definitions for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, is amended by inserting a new Code section to read as follows:
"16-11-39.2. (a) As used in this Code section, the term:
(1) 'Call' shall have the same meaning as set forth in paragraph (2.1) of Code Section 46-5-122. (2) 'False report' means the fabrication of an incident or crime or of material information relating to an incident or crime which the person making the report knows to be false at the time of making the report. (3) 'Harass' means to knowingly and willingly engage in any conduct directed toward a communications officer that is likely to impede or interfere with such communications officer's duties, that threatens such communication officer or any member of his or her family, or that places any member of the public served or to be served by 9-1-1 service in danger of injury or delayed assistance.

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(4) 'Harassing' means the willful use of opprobrious and abusive language which has no legitimate purpose in relation to imparting information relevant to an emergency call. (5) '9-1-1' means a public safety answering point as defined in paragraph (15) of Code Section 46-5-122. The term '9-1-1' also means the digits, address, Internet Protocol address, or other information used to access or initiate a call to a public safety answering point. (b) A person commits the offense of unlawful conduct during a 9-1-1 telephone call if he or she: (1) Without provocation, uses obscene, vulgar, or profane language with the intent to intimidate or harass a 9-1-1 communications officer; (2) Calls or otherwise contacts 9-1-1, whether or not conversation ensues, for the purpose of annoying, harassing, or molesting a 9-1-1 communications officer or for the purpose of interfering with or disrupting emergency telephone service; (3) Calls or otherwise contacts 9-1-1 and fails to hang up or disengage the connection for the intended purpose of interfering with or disrupting emergency service; (4) Calls or otherwise contacts 9-1-1 with the intention to harass a communications officer; or (5) Calls or otherwise contacts 9-1-1 and makes a false report. (c) Any person who violates subsection (b) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $500.00 or 12 months in jail, or both. (d) Any violation of subsection (b) of this Code section shall be considered to have been committed in any county where such call to or contact with 9-1-1 originated or in any county where the call to or contact with 9-1-1 was received."
SECTION 2. Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to the emergency telephone number 9-1-1 system, is amended by revising Part 4 as follows:
"Part 4
46-5-120. This part shall be known and may be cited as the 'Georgia Emergency Telephone Number 9-1-1 Service Act of 1977.'
46-5-121. (a) The General Assembly finds and declares that it is in the public interest to shorten the time required for a citizen to request and receive emergency aid. There currently exist numerous different emergency phone numbers throughout the state. Provision for a single, primary three-digit emergency number through which emergency services can be quickly and efficiently obtained would provide a significant contribution to law

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enforcement and other public service efforts by making it easier to notify public safety personnel. Such a simplified means of procuring emergency services will result in the saving of lives, a reduction in the destruction of property, and quicker apprehension of criminals. It is the intent of the General Assembly to establish and implement a cohesive state-wide emergency telephone number 9-1-1 system which will provide citizens with rapid, direct access to public safety agencies by dialing telephone number 9-1-1 with the objective of reducing the response time to situations requiring law enforcement, fire, medical, rescue, and other emergency services. (b) The General Assembly further finds and declares that the benefits of 9-1-1 service should be widely available, regardless of whether a 9-1-1 call is placed from a traditional landline telephone or from a wireless telephone. It is also in the public interest that users of wireless telephones should bear some of the cost of providing this life-saving service, as users of landline telephones currently do. It is the intent of the General Assembly to bring wireless telephone service within the scope of this part and to establish a means by which local public safety agencies may provide enhanced 9-1-1 service to wireless telephone users. (c) The General Assembly further finds and declares that communication technology is rapidly and constantly changing. It is in the public interest that as different means of accessing 9-1-1 service emerge, that the users of such technology bear some of the cost of providing this life-saving service, as users of landline and wireless telephones currently do. It is the intent of the General Assembly to bring these new and emerging technologies within the scope of this part and establish a means by which local public safety agencies may provide 9-1-1 service to such users. (d) The General Assembly further finds and declares that the safety and well-being of the citizens of Georgia is of the utmost importance, and it is in the public interest to provide the highest level of emergency response service on a local, regional, and statewide basis.
46-5-122. As used in this part, the term:
(1) 'Addressing' means the assigning of a numerical address and street name (the name may be numerical) to each location within a local government's geographical area necessary to provide public safety service as determined by the local government. This address replaces any route and box number currently in place in the 9-1-1 data base and facilitates quicker response by public safety agencies. (2) 'Agency' means the Georgia Emergency Management Agency established pursuant to Code Section 38-3-20 unless the context clearly requires otherwise. (2.1) 'Call' means any communication, message, signal, or transmission. (2.2) 'Center' means the Georgia Public Safety Training Center. (2.3) 'Department' means the Department of Community Affairs established pursuant to Code Section 50-8-1. (3) 'Director' means the director of emergency management appointed pursuant to Code Section 38-3-20.

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(4) 'Cost recovery' means the mechanism by which service suppliers may recover the recurring and nonrecurring costs they expend on the implementation of wireless 9-1-1 services. (5) 'Emergency 9-1-1 system' or '9-1-1 system' means a local exchange telephone service, computer service, or wireless service, or other service which facilitates the placing of calls by persons in need of emergency services to a public safety answering point by dialing the telephone number 9-1-1 and under which calls to 9-1-1 are answered or otherwise responded to by public safety answering points established and operated by the local government subscribing to the 9-1-1 service. The term 'emergency 9-1-1 system' also includes 'enhanced 9-1-1 service,' which means an emergency telephone system that provides the caller user with emergency 9-1-1 system service and, in addition, directs 9-1-1 calls to appropriate public safety answering points by selective routing based on the geographical location from which the call originated and provides the capability for automatic number identification and automatic location identification features. (6) 'Enhanced ZIP Code' means a United States postal ZIP Code of 9 or more digits. (7) 'Exchange access facility' means the access from a particular telephone subscriber's premises to the telephone system of a service supplier. Exchange access facilities include service supplier provided access lines, PBX trunks, and Centrex network access registers, all as defined by tariffs of the telephone companies as approved by the Georgia Public Service Commission. The term 'exchange access facility,' also includes Voice over Internet Protocol service suppliers and any other communication, message, signal, or information delivery system capable of initiating a 9-1-1 emergency call. Exchange access facilities do not include service supplier owned and operated telephone pay station lines, Wide Area Telecommunications Services (WATS), Foreign Exchange (FX), or incoming only lines. (8) 'FIPS' means the Federal Information Processing Standard (FIPS) 55-3 or any future enhancement. (9) 'Local government' means any city, county, military base, or political subdivision of Georgia and its agencies. (10) 'Mobile telecommunications service' means commercial mobile radio service, as such term is defined in 47 C.F.R. Section 20.3. (11) '9-1-1 charge' means a contribution to the local government for the 9-1-1 service start-up equipment costs, subscriber notification costs, addressing costs, billing costs, nonrecurring and recurring installation, maintenance, service, and network charges of a service supplier providing 9-1-1 service pursuant to this part, and costs associated with the hiring, training, and compensating of dispatchers employed by the local government to operate said 9-1-1 system at the public safety answering points. (11.1) '9-1-1 number' means the digits, address, Internet Protocol address, or other information used to access or initiate a call to a public safety answering point. (12) 'Place of primary use' means the street address representative of where the customer's use of the mobile telecommunications service primarily occurs, which

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must be the residential street address or the primary business street address of the customer. (12.1) 'Prepaid wireless service' means any method pursuant to which a customer pays a wireless service provider in advance for a wireless telecommunications connection. Such term shall include, without limitation, calling or usage privileges included with the purchase of a wireless telephone as well as additional calling or usage privileges purchased by any means, including, without limitation, a calling card, a wireless communication, or an Internet transaction. (13) 'Public agency' means the state and any city, county, city and county, municipal corporation, chartered organization, public district, or public authority located in whole or in part within this state which provides or has authority to provide firefighting, law enforcement, ambulance, medical, or other emergency services. (14) 'Public safety agency' means a functional division of a public agency which provides fire-fighting, law enforcement, emergency medical, suicide prevention, emergency management dispatching, poison control, drug prevention, child abuse, spouse abuse, or other emergency services. (15) 'Public safety answering point' means the public safety agency which receives incoming 9-1-1 telephone calls and dispatches appropriate public safety agencies to respond to such calls. (16) 'Service supplier' means a person or entity who provides local exchange telephone service or wireless service to a telephone subscriber. (16.1) 'Telephone service' means any method by which a 9-1-1 emergency call is delivered to a public safety answering point. The term 'telephone service' shall include local exchange telephone service or other telephone communication service, wireless service, prepaid wireless service, mobile telecommunications service, computer service, Voice over Internet Protocol service, or any technology that delivers or is required by law to deliver a call to a public safety answering point. (17) 'Telephone subscriber' means a person or entity to whom local exchange telephone service or wireless service, either residential or commercial, is provided and in return for which the person or entity is billed on a monthly basis. When the same person, business, or organization has several telephone access lines, each exchange access facility shall constitute a separate subscription. When the same person, business, or organization has several wireless telephones, each wireless telecommunications connection shall constitute a separate connection. (17.1) 'Voice over Internet Protocol service' means any technology that permits a voice conversation using a voice connection to a computer, whether through a microphone, a telephone, or other device, which sends a digital signal over the Internet through a broadband connection to be converted back to the human voice at a distant terminal and that delivers or is required by law to deliver a call to a public safety answering point. Voice over Internet Protocol service shall also include interconnected Voice over Internet Protocol service, which is service that enables real-time, two-way voice communications, requires a broadband connection from the user's location, requires Internet protocol compatible customer premises equipment,

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and allows users to receive calls that originate on the public service telephone network and to terminate calls to the public switched telephone network. (17.2) 'Voice over Internet Protocol service supplier' means a person or entity who provides Voice over Internet Protocol service to subscribers for a fee. (18) 'Wireless enhanced 9-1-1 charge' means a contribution to the local government for the following:
(A) The costs to the local government of implementing or upgrading, and maintaining, an emergency 9-1-1 system which is capable of receiving and utilizing the following information, as it relates to 9-1-1 calls made from a wireless telecommunications connection: automatic number identification, the location of the base station or cell site which receives the 9-1-1 call, and the location of the wireless telecommunications connection; (B) Nonrecurring and recurring installation, maintenance, service, and network charges of a wireless service supplier to provide the information described in subparagraph (A) of this paragraph; and (C) Other costs which may be paid with money from the Emergency Telephone System Fund, pursuant to subsection (e) of Code Section 46-5-134. (19) 'Wireless service' means 'commercial mobile service' as defined under Section 332(D) of the federal Telecommunications Act of 1996 (47 U.S.C. Section 157, et seq.), regulations of the Federal Communications Commission, and the Omnibus Budget Reconciliation Act of 1993 (P.L. 103-66) and includes real-time, two-way interconnected voice service which is provided over networks which utilize intelligent switching capability and offer seamless handoff to customers. The term does not include one-way signaling service, data transmission service, nonlocal radio access line service, or a private telecommunications service. The term does include prepaid wireless service. (20) 'Wireless service supplier' means a provider of wireless service. (21) 'Wireless telecommunications connection' means any mobile station for wireless service that connects a provider of wireless service to a provider of local exchange telephone service.
46-5-123. (a) For the purposes of the development and implementation of a plan for the statewide emergency telephone number 9-1-1 system, there is created the 9-1-1 Advisory Committee to be composed of the director of emergency management the agency, who shall serve as chairperson; the director of the Georgia Technology Authority or his or her designee; the commissioner of the department or his or her designee; and 12 other members appointed by the Governor, as follows:
(1) Three members appointed from nominees of the Georgia Municipal Association; (2) Three members appointed from nominees of the Association County Commissioners of Georgia; (3) Four members who are experienced in and currently involved in the management of emergency telephone systems; and

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(4) Two members who are representatives of the telecommunications industry, one of whom shall be a representative of a wireless service supplier and one of whom shall be a representative of a land based service supplier. (b) When appointments are made, the associations making nominations pursuant to this Code section shall submit at least three times as many nominees as positions to be filled at that time by nominees of the association. (c) The appointed members of the committee shall serve at the pleasure of the Governor. Vacancies shall be filled in the same manner as the original appointment. (d) The committee shall organize itself as it deems appropriate and may elect other officers from among its members. (e) The committee shall hold meetings at the call of the chairperson; provided, however, that it shall meet at least three times a year. A quorum for transacting business shall be a majority of the members of the committee. (f) The committee shall be assigned to the agency for administrative purposes only, as prescribed in Code Section 50-4-3. (g) The committee shall have the following duties and responsibilities: (1) To make recommendations to the commissioner of the department regarding the recipients of assistance grants provided for under 46-5-134.2; (2) To study and evaluate the state-wide provision of 9-1-1 service; (3) To identify any changes necessary to accomplish more effective and efficient 9-11 service across this state; (4) To identify any changes necessary in the assessment and collection of 9-1-1 fees; (5) To make recommendations to the agency as to training that should be provided to directors of public safety answering points; and (6) To provide an annual report which shall include proposed legislation, if any, to the Governor and the General Assembly by December 1 of each year.
46-5-124. (a) The agency shall develop guidelines for implementing a state-wide emergency telephone number 9-1-1 system. The guidelines shall provide for:
(1) Steps of action necessary for public agencies to effect the necessary coordination, regulation, and development preliminary to a 9-1-1 system that will shall incorporate the requirements of each public service agency in each local government of Georgia; (2) Identification of mutual aid agreements necessary to effect the 9-1-1 system, including coordination on behalf of the State of Georgia with any federal agency to secure financial assistance or other desirable activities in connection with the receipt of funding that may be provided to communities for the planning, development, or implementation of the 9-1-1 system; (3) The coordination necessary between local governments planning or developing a 9-1-1 system and other state agencies, the Public Service Commission, all affected utility and telephone companies, wireless service suppliers, and other agencies;

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(4) The actions to establish emergency telephone communications service necessary to meet the requirements for each local government, including law enforcement, firefighting, medical, suicide prevention, rescue, or other emergency services; and (5) The actions to be taken by a local government desiring to provide wireless enhanced 9-1-1 service, including requirements contained in 47 Code of Federal Regulations Section 20.18. (b) The agency shall be responsible for encouraging and promoting the planning, development, and implementation of local 9-1-1 system plans. The agency shall develop any necessary procedures to be followed by public agencies for implementing and coordinating such plans and shall mediate whenever disputes arise or agreements cannot be reached between the local political jurisdiction and other entities involving the 9-1-1 system. (c) Subject to the approval of the Governor, the director shall be authorized to promulgate rules and regulations to establish minimum standards relating to training and equipment. Such training standards shall not be inconsistent with the training course or certification required for communications officers under Code Section 35-823. Notwithstanding any other law to the contrary, no communications officer hired to the staff of a 9-1-1 communications center public safety answering point shall be required to complete his or her training pursuant to Code Section 35-8-23 prior to being hired or employed for such position. (d) The agency shall maintain the registry of wireless service suppliers provided for in Code Section 46-5-124.1.
46-5-124.1. (a) Any service supplier doing business in Georgia shall register the following information with the director:
(1) The name, address, and telephone number of the representative of the service supplier to whom the resolution adopted pursuant to Code Section 46-5-133 or other notification of intent to provide automatic number identification or automatic location identification, or both, of a wireless telecommunications connection should be submitted; (2) The name, address, and telephone number of the representative of the service supplier with whom a local government must coordinate to implement automatic number identification or automatic location identification, or both, of a wireless telecommunications connection; (3) The counties in Georgia in which the service supplier is authorized to provide wireless service at the time the filing is made; and (4) Every corporate name under which the service supplier is authorized to provide wireless service in Georgia. (b) After the initial submission by each service supplier doing business in this state, the information required by subsection (a) of this Code section shall be updated and submitted to the director by the tenth day of January and the tenth day of July of each year or such other semiannual schedule as the director may establish.

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(c) The director shall send a notice of delinquency to any service supplier which fails to comply with subsection (b) of this Code section. Such notice shall be sent by certified mail or statutory overnight delivery. Any service supplier which fails to register and provide the information required by this Code section within 30 days after receipt of a notice of delinquency shall not be eligible to receive cost recovery funds as provided in subsection (e) of Code Section 46-5-134 until the service supplier is in compliance with subsection (b) of this Code section.
46-5-125. Nothing in this part shall be construed to prohibit or discourage the formation of multijurisdictional or regional 9-1-1 systems; and any system established pursuant to this part may include the jurisdiction, or any portion thereof, of more than one public agency.
46-5-126. The agency shall coordinate its activities with those of the Public Service Commission, which shall encourage the Georgia telephone industry to activate facility modification plans for a timely 9-1-1 implementation.
46-5-127. After January 1, 1978, no emergency telephone number 9-1-1 system shall be established, and no existing system shall be expanded to provide wireless enhanced 91-1 service, without written confirmation by the agency that the local plan conforms to the guidelines and procedures provided for in Code Section 46-5-124.
46-5-128. All public agencies shall assist the agency in its efforts to carry out the intent of this part; and such agencies shall comply with the guidelines developed pursuant to Code Section 46-5-124 by furnishing a resolution of intent regarding an emergency telephone number 9-1-1 system.
46-5-129. The agency may develop a 9-1-1 emblem which may be utilized on marked vehicles used by public safety agencies participating in a local 9-1-1 system.
46-5-130. The agency is authorized to apply for and accept federal funding assistance in the development and implementation of a state-wide emergency telephone number 9-1-1 system.
46-5-131. (a) Whether participating in a state-wide emergency 9-1-1 system or an emergency 91-1 system serving one or more local governments, neither the state nor any local

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government of the state nor any emergency 9-1-1 system provider, or service supplier or its employees, directors, officers, and agents, except in cases of wanton and willful misconduct or bad faith, shall be liable for death or injury to the any person or for damage to property as a result of either developing, adopting, establishing, participating in, implementing, maintaining, or carrying out duties involved in operating the 9-1-1 emergency telephone emergency 9-1-1 system or in the identification of the telephone number, address, or name associated with any person accessing an emergency 9-1-1 system. (b) No local government of the State of Georgia shall be required to release, indemnify, defend, or hold harmless any emergency 9-1-1 system provider from any loss, claim, demand, suit, or other action or any liability whatsoever which arises out of subsection (a) of this Code section, unless the local government agrees or has agreed to assume such obligations.
46-5-132 It shall be unlawful for any wireless service supplier to assess or charge any fee for an emergency telephone call placed on a 9-1-1 emergency telephone an emergency 9-1-1 system. The prohibition provided for in this Code section shall only apply to actual emergency telephone calls made on such system and shall not apply to nor prohibit any fee assessed or charged for the implementation or enhancement of such system.
46-5-133. (a) Subject to the provisions of subsection (b) of this Code section, the governing authority of any local government which operates or which contracts for the operation of an emergency 9-1-1 system is authorized to adopt a resolution to impose a monthly 9-1-1 charge upon each exchange access facility telephone service subscribed to by telephone subscribers whose exchange access lines are in the areas served or which would be served by the 9-1-1 service. Subject to the provisions of subsection (b) of this Code section and of subparagraphs (a)(2)(A) and (a)(2)(B) of Code Section 46-5-134, the governing authority of any local government which operates or contracts for the operation of an emergency 9-1-1 system which is capable of providing or provides enhanced 9-1-1 service to persons or entities with a wireless telecommunications connection, excluding a military base, is authorized to adopt a resolution to impose a monthly wireless enhanced 9-1-1 charge upon each wireless telecommunications connection, other than a connection for prepaid wireless service, subscribed to by telephone subscribers whose place of primary use is within the geographic area that is served by the local government or that would be served by the local government for the purpose of such an emergency 9-1-1 system. Such resolution, or any amendment to such resolution, shall fix a date on which such resolution and the imposition and collection of the 9-1-1 charge or wireless enhanced 9-1-1 charge, as provided in the resolution, shall become effective; provided, however, that such effective date shall be at least 120 days following the date of the adoption of such resolution or any amendment to such resolution by the local government. The 9-1-1 charge must be

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uniform, may not vary according to the type of exchange access facility telephone service used, and may be billed on a monthly or quarterly basis. The wireless enhanced 9-1-1 charge must be uniform, not vary according to the type of wireless telecommunications connection used, and may be billed on a monthly or quarterly basis.
(a.1) Any 9-1-1 charges shall be imposed only on the telephone subscriber of the entity that provides telephone service directly to the telephone subscriber. If a service supplier obtains its connectivity to the public switched telephone network or the public safety answering point through another service supplier, that other service supplier shall not be subject to any 9-1-1 charges with respect to the affected services. (b)(1) Except as provided in paragraph (2) of this subsection, no local government shall be authorized to exercise the power conferred by this Code section unless either:
(A) A majority of the voters residing in that political subdivision who vote in an election called for such purpose shall vote to authorize the implementation of this Code section. Such election shall be called and conducted as other special elections are called and conducted in such local government when requested by such local government authority. The question or questions on the ballot shall be as prescribed by the election superintendent, provided that separate questions may be posed regarding implementation of a 9-1-1 charge and of a wireless enhanced 9-1-1 charge; or (B) After a public hearing held upon not less than ten days' public notice. (2) The provisions of paragraph (1) of this subsection shall not apply with respect to a local government if the governing authority of such local government has on or before March 7, 1988, contracted with a local exchange telephone service supplier for the purchase or operation, or both, of a local exchange telephone 9-1-1 system. (c) On and after January 1, 1999, no monthly 9-1-1 charge provided for in this Code section may shall be imposed or continue to be imposed unless each dispatch center public safety answering point funded in whole or in part from such charges is in compliance with Code Section 36-60-19, relating to required TDD training for communications officers.
46-5-134. (a)(1)(A) The telephone subscriber of an exchange access facility any telephone service may be billed for the monthly 9-1-1 charge, if any, imposed with respect to that facility such telephone service by the service supplier. Such 9-1-1 charge may not exceed $1.50 per month per exchange access facility telephone service provided to the telephone subscriber. In the event that any telephone service supplier, due to its normal billing practices, is unable to charge differing amounts set by each local government as the 9-1-1 charge, such telephone service supplier shall collect on behalf of local governments that have authorized a 9-1-1 charge $1.50 per month per telephone service provided to the telephone subscribers to whom it provides telephone service in every area served by the emergency 9-1-1 system.

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(B) All exchange access facilities telephone services billed to federal, state, or local governments shall be exempt from the 9-1-1 charge. Each service supplier shall, on behalf of the local government, collect the 9-1-1 charge from those telephone subscribers to whom it provides exchange telephone service in the area served by the emergency 9-1-1 system. As part of its normal billing process, the service supplier shall collect the 9-1-1 charge for each month an exchange access facility a telephone service is in service, and it shall list the 9-1-1 charge as a separate entry on each bill. If a service supplier receives a partial payment for a bill from a telephone subscriber, the service supplier shall apply the payment against the amount the telephone subscriber owes the service supplier first. (C) This paragraph shall not apply to wireless service or prepaid wireless service or the telephone subscribers or service suppliers of such services. (2)(A) If the governing authority of a local government operates or contracts for the operation of an emergency 9-1-1 system which is capable of providing or provides automatic number identification of a wireless telecommunications connection and the location of the base station or cell site which receives a 9-1-1 call from a wireless telecommunications connection, the subscriber of a wireless telecommunications connection whose billing address is within the geographic area that is served by the local government or that would be served by the local government for the purpose of such an emergency 9-1-1 system may be billed for the monthly wireless enhanced 9-1-1 charge, if any, imposed with respect to that connection by the wireless service supplier. Such wireless enhanced 9-1-1 charge may not exceed the amount of the monthly 9-1-1 charge imposed upon other telephone subscribers of exchange access facilities pursuant to paragraph (1) of this subsection nor exceed $1.00 per month per wireless telecommunications connection provided to the telephone subscriber. (B) If the governing authority of a local government operates or contracts for the operation of an emergency 9-1-1 system which is capable of providing or provides automatic number identification and automatic location identification of a wireless telecommunications connection, the subscriber of a wireless telecommunications connection whose place of primary use is within the geographic area that is served by the local government or that would be served by the local government for the purpose of such an emergency 9-1-1 system may be billed for the monthly wireless enhanced 9-1-1 charge, if any, imposed with respect to that connection by the wireless service supplier. Such wireless enhanced 9-1-1 charge may not exceed the amount of the monthly 9-1-1 charge imposed upon other telephone subscribers of exchange access facilities pursuant to paragraph (1) of this subsection and shall be imposed on a monthly basis for each wireless telecommunications connection provided to the telephone subscriber. (C) All wireless telecommunications connections billed to federal, state, or local governments shall be exempt from the wireless enhanced 9-1-1 charge. Each wireless service supplier shall, on behalf of the local government, collect the wireless enhanced 9-1-1 charge from those telephone subscribers whose place of

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primary use is within the geographic area that is served by the local government or that would be served by the local government for the purpose of such an emergency 9-1-1 system. As part of its normal billing process, the wireless service supplier shall collect the wireless enhanced 9-1-1 charge for each month a wireless telecommunications connection is in service, and it shall list the wireless enhanced 9-1-1 charge as a separate entry on each bill. If a wireless service supplier receives partial payment for a bill from a telephone subscriber, the wireless service supplier shall apply the payment against the amount the telephone subscriber owes the wireless service supplier first. (D) Notwithstanding the foregoing, the application of any 9-1-1 service charge with respect to a mobile telecommunications service, as defined in 4 U.S.C. Section 124(7), shall be governed by the provisions of Code Section 48-8-6. (E) This paragraph shall not apply to prepaid wireless service or the telephone subscribers or service suppliers of such service. (b) Every telephone subscriber in the area served by the emergency 9-1-1 system shall be liable for the 9-1-1 charges and the wireless enhanced 9-1-1 charges imposed under this Code section until it has been paid to the service supplier. A service supplier shall have no obligation to take any legal action to enforce the collection of the 9-1-1 charge or wireless enhanced 9-1-1 charge. The service supplier shall provide the governing authority within 60 days with the name and address of each subscriber who has refused to pay the 9-1-1 charge or wireless enhanced 9-1-1 charge after such 9-1-1 charge or wireless enhanced 9-1-1 charge has become due. A collection action may be initiated the local government that imposed the charges, and reasonable costs and attorneys' fees associated with that collection action may be awarded to the local government collecting the 9-1-1 charge or wireless enhanced 9-1-1 charge. (c) The local government contracting for the operation of an emergency 9-1-1 system shall remain ultimately responsible to the service supplier for all emergency 9-1-1 system installation, service, equipment, operation, and maintenance charges owed to the service supplier. Any taxes due on emergency 9-1-1 system service provided by the service supplier will be billed to the local government subscribing to the service. State and local taxes do not apply to the 9-1-1 charge or wireless enhanced 9-1-1 charge billed to telephone subscribers under this Code section. (d)(1) Each service supplier that collects 9-1-1 charges or wireless enhanced 9-1-1 charges on behalf of the local government is entitled to retain as an administrative fee an amount equal to 3 percent of the gross 9-1-1 or wireless enhanced 9-1-1 charge receipts to be remitted to the local government; provided, however, that such amount shall not exceed 3 for every dollar so remitted. The remaining amount shall be due quarterly to the local government and shall be remitted to it no later than 60 days after the close of a calendar quarter. (2) The 9-1-1 charges and the wireless enhanced 9-1-1 charges collected by the service supplier shall be deposited and accounted for in a separate restricted revenue fund known as the Emergency Telephone System Fund maintained by the local government. The local government may invest the money in the fund in the same

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manner that other moneys of the local government may be invested and any income earned from such investment shall be deposited into the Emergency Telephone System Fund. (3) On or before July 1, 2005, any funds that may have been deposited in a separate restricted wireless reserve account required by this Code section prior to such date shall be transferred to the Emergency Telephone System Fund required by paragraph (2) of this subsection. (4) The local government may on an annual basis, and at its expense, audit or cause to be audited the books and records of service suppliers with respect to the collection and remittance of 9-1-1 charges. (5) Such monthly 9-1-1 charges and wireless enhanced 9-1-1 charges may be reduced at any time by the governing authority by resolution; provided, however, that the said governing authority shall be required to reduce such monthly 9-1-1 charge or wireless enhanced 9-1-1 charge at any time the projected revenues from 9-1-1 charges or wireless enhanced 9-1-1 charges will cause the unexpended revenues in the Emergency Telephone System Fund at the end of the fiscal year to exceed by one and one-half times the unexpended revenues in such fund at the end of the immediately preceding fiscal year or at any time the unexpended revenues in such fund at the end of the fiscal year exceed by one and one-half times the unexpended revenues in such fund at the end of the immediately preceding fiscal year. Such reduction in the 9-1-1 charge or wireless enhanced 9-1-1 charge shall be in an amount which will avert the accumulation of revenues in such fund at the end of the fiscal year which will exceed by one and one-half times the amount of revenues in the fund at the end of the immediately preceding fiscal year. (e) A wireless service supplier may recover its costs expended on the implementation and provision of wireless enhanced 9-1-1 services to subscribers in an amount not to exceed 30 of each 9-1-1 charge collected from a place of primary use that is within the geographic area that is served by the local government or would be served by the local government for the purpose of such emergency 9-1-1 system; provided, however, that such amount may be increased to 45 upon implementation of step two of the state plan governing 9-1-1 enhanced communications as provided in subsection (g) of this Code section. Such cost recovery amount shall be based on the actual cost incurred by the wireless service supplier in providing wireless enhanced 9-1-1 services. (f) In addition to cost recovery as provided in subsection (e) of this Code section, money from the Emergency Telephone System Fund shall be used only to pay for: (1) The lease, purchase, or maintenance of emergency telephone equipment, including necessary computer hardware, software, and data base provisioning; addressing; and nonrecurring costs of establishing a 9-1-1 system; (2) The rates associated with the service supplier's 9-1-1 service and other service supplier's recurring charges; (3) The actual cost of salaries, including benefits, of employees hired by the local government solely for the operation and maintenance of the emergency 9-1-1 system

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and the actual cost of training such of those employees who work as dispatchers or who work as directors as that term is defined in Code Section 46-5-138.2; (4) Office supplies of the public safety answering points used directly in providing emergency 9-1-1 system services; (5) The cost of leasing or purchasing a building used as a public safety answering point. Moneys from the fund cannot be used for the construction or lease of an emergency 9-1-1 system building until the local government has completed its street addressing plan; (6) The lease, purchase, or maintenance of computer hardware and software used at a public safety answering point, including computer-assisted dispatch systems; (7) Supplies directly related to providing emergency 9-1-1 system services, including the cost of printing emergency 9-1-1 system public education materials; and (8) The lease, purchase, or maintenance of logging recorders used at a public safety answering point to record telephone and radio traffic. (g) All 9-1-1 systems and communication systems provided pursuant to this part shall conform to the two-step state plan governing 9-1-1 enhanced communications enhanced 9-1-1 service as follows: (1) In step one, the governing authority of a local government shall operate or contract for the operation of an emergency 9-1-1 system that provides or is capable of providing automatic number identification of a wireless telecommunications connection and the location of the base station or cell site which received a 9-1-1 call from a wireless telecommunications connection; and (2) In step two, the governing authority of a local government shall operate or contract for the operation of an emergency 9-1-1 system that provides or is capable of providing automatic number identification and automatic location of a wireless telecommunications connection. (h) The local government may contract with a service supplier for any term negotiated by the service supplier and the local government for an emergency 9-1-1 system and may make payments from the Emergency Telephone System Fund to provide any payments required by the contract, subject to the limitations provided by subsection (e) of this Code section. (i) The service supplier shall maintain records of the amount of the 9-1-1 charges and wireless enhanced 9-1-1 charges collected for a period of at least three years from the date of collection. The local government may, at its expense, require an annual audit of the service supplier's books and records with respect to the collection and remittance of the 9-1-1 charges and wireless enhanced 9-1-1 charges. (j) In order to provide additional funding for the local government for emergency 9-1-1 system purposes, the local government may receive federal, state, municipal, or private funds which shall be expended for the purposes of this part. (k) Subject to the provisions of Code Section 46-5-133, a telephone subscriber may be billed for the monthly 9-1-1 charge or wireless enhanced 9-1-1 charge for up to 18 months in advance of the date on which the 9-1-1 service system becomes fully operational.

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(l) In the event the local government is a federal military base providing emergency services to local exchange telephone subscribers residing on the base, a local exchange telephone service supplier is authorized to apply the 9-1-1 charges collected to the bill for 9-1-1 service rather than remit the funds to an Emergency Telephone System Fund.
(m)(1) Any local government collecting or expending any 9-1-1 charges or wireless enhanced 9-1-1 charges in any fiscal year beginning on or after July 1, 2005, shall file an annual report of its collections and expenditures in conjunction with the annual audit required under Code Section 36-81-7. The form shall be designed by the state auditor and shall be distributed to local governments administering such funds. The annual report shall require certification by the recipient local government and by the local government auditor that funds were expended in compliance with the expenditure requirements of this Code section. (2) Any local government which makes expenditures not in compliance with this Code section may be held liable for pro rata reimbursement to telephone and wireless telecommunications subscribers of amounts improperly expended. Such liability may be established in judicial proceedings by any aggrieved party. The noncompliant local government shall be solely financially responsible for the reimbursement and for any costs associated with the reimbursement. Such reimbursement shall be accomplished by the service suppliers abating the imposition of the 9-1-1 charges and 9-1-1 wireless enhanced 9-1-1 charges until such abatement equals the total amount of the rebate.
46-5-134.1. (a) This Code section shall apply in counties where the governing authorities of more than one local government have adopted a resolution to impose a wireless enhanced 91-1 charge in accordance with the provisions of subsection (a) of Code Section 46-5133 and notwithstanding any contrary provision of Code Section 46-5-133 or 46-5-134. (b) A wireless service supplier may certify to any of the governing authorities described in subsection (a) of this Code section that the wireless service supplier is unable to determine whether the billing addresses of its subscribers are within the geographic area that is served by such local government. Upon such certification, the wireless service supplier shall be authorized to collect the 9-1-1 charge for wireless enhanced 9-1-1 charge services from any of its subscribers whose billing address is within the county and is within an area that is as close as reasonably possible to the geographic area that is served by such local government. The wireless service supplier shall notify such subscribers that if such subscriber's billing address is not within the geographic area served by such local government, such subscriber is not obligated to pay the 9-1-1 charge for wireless enhanced 9-1-1 charge service. (c) Unless otherwise provided in an agreement among the governing authorities described in subsection (a) of this Code section, the charges collected by a wireless service supplier pursuant to this Code section shall be remitted to such governing authorities based upon the number of calls from wireless telecommunications connections that each such individual local government receives and counts relative to

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the total number of calls from wireless telecommunications connections that are received and counted by all of such local governments. (d) The authority granted to a wireless service supplier pursuant to this Code section shall terminate:
(1) On on the date that the wireless service supplier certifies to a governing authority described in subsection (a) of this Code section that the wireless service supplier is able to determine whether the billing addresses of its subscribers are within the geographic area that is served by such governing authority; or (2) On on the date which is 180 days from the date that any of its subscribers were first billed under this Code section, whichever is earlier. Upon termination of such authority, the wireless service supplier shall collect the 9-1-1 charge for wireless enhanced 9-1-1 charge service as provided in Code Section 46-5134.
46-5-134.2. (a) A 9-1-1 charge shall be imposed on all prepaid wireless service subscribed to by telephone subscribers as provided in this Code section. (b) A prepaid wireless service supplier shall:
(1) Charge and collect a fee in the amount of 3 percent of the wholesale price divided by .7 of each block of prepaid wireless service purchased by each telephone subscriber, whether such service is included with the initial purchase of a wireless telephone or other device or is recorded on a wireless telephone or other device by the purchase of a calling card, through an Internet transaction, by means of a wireless communication directly to the telephone subscriber's wireless telephone or other device, or by any other means; (2) Charge and collect a fee in the amount of 3 percent of the suggested retail price of each block of prepaid wireless service purchased by each telephone subscriber, whether such service is included with the initial purchase of a wireless telephone or other device or is recorded on a wireless telephone or other device by the purchase of a calling card, through an Internet transaction, by means of a wireless communication directly to the telephone subscriber's wireless telephone or other device, or by any other means; (3) Divide the total prepaid wireless service revenue earned and received in this state by such prepaid wireless service supplier in a calendar month by $50.00 and multiply the quotient by $1.50 to determine the amount of the fee to be paid to the department; (4) Charge and collect a fee in the amount of $1.50 from the account of each prepaid wireless service telephone subscriber who has a sufficient positive balance as of the last day of the month; or (5) Use any other method to charge and collect the fee; provided, however, that in no event shall the prepaid wireless service supplier charge and collect less than $1.50 per the average monthly amount of prepaid wireless service actually provided to a telephone subscriber.

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(c) A prepaid wireless service supplier shall indicate the method it elects to use pursuant to subsection (b) of this Code section on reports filed with the department and on receipts issued to the wholesale purchaser. (d) All fees provided for in this Code section shall be paid to the department. A prepaid wireless service supplier may pay all such fees it collects throughout this state in a single remittance. Such fees shall be remitted monthly to the department not later than the twentieth day of the month following the month in which they are collected. Any fee not paid in a timely manner shall accrue interest at the rate of 15 percent per annum, compounded daily, until the date they are paid. The department shall deposit all funds received into the general fund of the state treasury in compliance with Article 4 of Chapter 12 of Title 45, the 'Budget Act.' (e) The 9-1-1 Advisory Committee may, upon a majority vote of its members, audit or cause to be audited by the state auditor, or some other auditor agreed upon by a majority of the committee's members, the financial and business records of any service supplier to the extent necessary to ensure proper collection and remittances in accordance with this Code section. Failure of the service supplier to comply with an audit request shall result in a civil penalty of not more than $1,000.00 per day the service supplier refuses compliance.
(f)(1) There is created the Emergency 9-1-1 Assistance Fund to be administered by the department. It is the intention of the General Assembly, subject to the appropriation process, that an amount equal to the amount deposited into the general fund of the state treasury as provided in subsection (d) of this Code section be appropriated each year to the fund; provided, however, that any such funds unused at the end of each fiscal year shall lapse back into the state treasury as required by Article III, Section IX, Paragraph IV of the Constitution.
(2)(A) Any governmental entity which operates, is in the process of implementing, or is developing a plan for the implementation of a local, regional, or state-wide emergency system may apply to the department for and receive an assistance grant from the Emergency 9-1-1 Assistance Fund for the purchase or upgrade of equipment. (B) The center may apply to the department for and receive a grant from the Emergency 9-1-1 Assistance Fund to provide professional training to directors, as the term is defined in Code Section 46-5-138.2. (C) The agency may apply to the department for and receive a grant from the Emergency 9-1-1 Assistance Fund for the reasonable administrative costs of supporting the 9-1-1 Advisory Council as provided for in Code Section 46-5-123. (3) Decisions on the issuance of assistance grants shall be made by the 9-1-1 Advisory Committee established by Code Section 46-5-123. (g) The department shall promulgate written rules and regulations to provide for the application process and for the administration of the Emergency 9-1-1 Assistance Fund, and to otherwise implement the provisions of this Code section.

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(h) The department shall be authorized to use a portion of the funds collected pursuant to this Code section to provide for the direct and indirect costs associated with the administration of this Code section.
46-5-135. A service supplier, including any telephone company providing telephone services and its employees, directors, officers, and agents, is not liable for any damages in a civil action for injuries, death, or loss to persons or property incurred by any person as a result of any act or omission of a service supplier or any of its employees, directors, officers, or agents, except for willful or wanton misconduct, either in connection with developing, adopting, implementing, maintaining, or operating any emergency 9-1-1 system or in the identification of the telephone number, address, or name associated with any person accessing an emergency 9-1-1 system.
46-5-136. (a) The governing authority of a local government by resolution shall create an advisory board consisting of the sheriff, representatives from other public safety agencies which respond to emergency calls under the 9-1-1 system, and other individuals knowledgeable of emergency 9-1-1 systems and the emergency needs of the citizens of the local government, provided that such advisory board shall not exceed 13 members. (b) The advisory board shall assist the local government in:
(1) Reviewing and analyzing the progress by public safety agencies in developing 91-1 system requirements; (2) Recommending steps of action to effect the necessary coordination, regulation, and development of a 9-1-1 system; (3) Identifying mutual aid agreements necessary to effect the 9-1-1 system; (4) Assisting in the promulgation of necessary rules, regulations, operating procedures, schedules, and other such policy and administrative devices as shall be deemed necessary and appropriate; and (5) Providing other services as may be deemed appropriate by the local government. (c) The members of the advisory board shall not be compensated from moneys deposited into the Emergency Telephone System Fund.
46-5-137. This part shall not be construed as affecting the jurisdiction or powers of the Public Service Commission to establish rates, charges, or tariffs.
46-5-138. (a)(1) by proper resolution of the local governing bodies, an authority may be created and activated by: (A) Any two or more municipal corporations; (B) Any two or more counties; or

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(C) One or more municipal corporations and one or more counties. (2) The resolutions creating and activating a joint authority shall specify the number of members of the authority, the number to be appointed by each participating county or municipal corporation, their terms of office, and their residency requirements. (3) The resolutions creating and activating joint authorities may be amended by appropriate concurrent resolutions of the participating governing bodies. (b) The public authority shall be authorized to contract with the counties or municipalities which formed the authority to operate an emergency 9-1-1 system for such local governments throughout the corporate boundaries of such local governments. Pursuant to such contracts, the local governments shall be authorized to provide funding to the authority from the Emergency Telephone System Fund, including the Wireless Phase I and Phase II Reserve Accounts, maintained by each local government. No authority shall be formed until each local government forming the authority has imposed a monthly 9-1-1 charge or a monthly wireless enhanced 9-1-1 charge. (c) Each authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this part, including, but without limiting the generality of the foregoing, the power: (1) To bring and defend actions; (2) To adopt and amend a corporate seal; (3) To make and execute contracts and other instruments necessary to exercise the powers of the authority; (4) To receive and administer gifts, grants, and devises of any property; (5) To operate emergency call answering services for law enforcement, emergency management, fire, and emergency medical service agencies 24 hours a day, seven days a week, 365 days a year; (6) To acquire, by purchase, gift, or construction, any real or personal property desired to be acquired to operate the emergency 9-1-1 system; (7) To sell, lease, exchange, transfer, assign, pledge, mortgage, dispose of, or grant options for any real or personal property or interest therein for any such purposes; and (8) To mortgage, convey, pledge, or assign any properties, revenues, income, tolls, charges, or fees owned or received by the authority. (d) The authority shall elect a chairperson and such other officers as deemed necessary by the authority. The authority shall select a director who shall be responsible for establishing operating standards and procedures and overseeing the operations of the emergency 9-1-1 system. The director may be an employee working in the operation of the emergency 9-1-1 system. The authority shall be responsible for hiring, training, supervising, and disciplining employees working in the operation of the emergency 9-11 system. An appropriate number of full-time and part-time employees shall be hired to operate the emergency 9-1-1 system. The authority shall determine the compensation of such employees and shall be authorized to provide other employee benefits. The authority shall submit its annual budget and a report of its financial records to the local governments which created the authority.

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(e) The authority may contract with a service supplier in the same manner that local governments are so authorized under the provisions of this part. (f) Notwithstanding subsection (i) of Code Section 46-5-134, if the joint authority and each local governing body activating the joint authority certify to the service provider in writing prior to the end of the 18 month period in advance of the date on which the 91-1 service system was to have become fully operational that the system cannot be placed in operation on the date originally projected but that all parties are proceeding in a diligent and timely fashion to implement such service, the service provider shall continue to collect the monthly 9-1-1 charge for an additional period of 18 months or until the 9-1-1 service system becomes fully operational, whichever occurs first. (g) It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public purpose, and that the authority will shall be performing an essential governmental function in the exercise of the power conferred upon it by this Code section. This state covenants that the authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision, or upon its activities in the operation or maintenance of the buildings erected or acquired by it, or upon any fees, rentals, or other charges for the use of such buildings, or upon other income received by the authority. The exemption provided in this Code section shall include an exemption from state and local sales and use tax on property purchased by the authority for use exclusively by the authority.
46-5-138.1. (a) Notwithstanding any provision of paragraph (1) of subsection (a) of Code Section 46-5-134 to the contrary, where two or more counties, none of which offers emergency 9-1-1 system services on May 1, 1998, and any participating municipalities within such counties, if any, agree by intergovernmental contract to initiate or contract for the joint operation of an emergency 9-1-1 system for the first time after May 1, 1998, such local governments may impose a monthly 9-1-1 charge which exceeds $1.50 per exchange access facility telephone service but only so long as the following procedure is shall be followed:
(1) The participating local governments shall, with input from a local exchange telephone service supplier, prepare an estimated budget for the implementation of the joint emergency 9-1-1 system with costs limited to items eligible for funding through the Emergency Telephone System Fund; (2) An estimate of the revenue to be generated by the 9-1-1 charge authorized by paragraph (1) of subsection (a) of Code Section 46-5-134 during the first 18 months of collection shall be prepared; (3) If the total amount necessary for implementation of the emergency 9-1-1 system in paragraph (1) of this subsection exceeds the estimated revenue from imposition of the 9-1-1 charge specified in paragraph (2) of this subsection, the monthly 9-1-1 charge per exchange access facility telephone service may be increased on a pro rata

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basis during the first 18 months of collection to the extent necessary to provide revenue sufficient to pay the amount specified in paragraph (1) of this subsection, but in no case shall such monthly charge be greater than $2.50 per exchange access facility telephone service. Notwithstanding subsection (i) of Code Section 46-5-134, if each local governing body which is a party to an intergovernmental contract certifies to the service provider in writing prior to the end of the 18 month period in advance of the date on which the 9-1-1 service system was to have become fully operational that the system cannot be placed in operation on the date originally projected but that all parties are proceeding in a diligent and timely fashion to implement such service, the service provider shall continue to collect the monthly 9-1-1 charge for an additional period of 18 months or until the 9-1-1 service system becomes fully operational, whichever occurs first; and (4) Such local governments shall comply with the requirements of Code Section 465-133 which relate to the imposition of a monthly 9-1-1 charge. Nothing in this subsection shall be construed to authorize the imposition of any charge upon a wireless telecommunications connection service. Except as otherwise provided in this subsection, the requirements of Code Section 46-5-134 which relate to monthly 9-1-1 charges on exchange access facilities telephone services shall apply to charges imposed pursuant to this subsection. (b) The increased monthly 9-1-1 charge authorized by subsection (a) of this Code section shall also be available to any joint 9-1-1 authority created pursuant to Code Section 46-5-138 after May 1, 1998.
46-5-138.2. (a) As used in this Code Section, the term 'director' means any person having direct operational control of a public safety answering point, any person who has as part of his or her duties supervisory responsibility for one or more communication officers or other employees who answer 9-1-1 calls received by a public safety answering point, or any person who has system management responsibility for the public safety answering point. (b) In addition to any training required under federal or state law, any persons serving as a director may enroll in, attend, and complete satisfactorily a course of training and instruction on the management of public safety answering points and the establishment and operation of 9-1-1 systems. Such course of instruction for directors shall be developed and made available by the center subject to the availability and receipt of funding."
SECTION 3. Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to refine definitions for purposes of conformity, is amended by revising paragraph (2) of Code Section 46-5-221, relating to definitions, as follows:
"(2) 'VoIP' means voice over Internet protocol Voice over Internet Protocol services offering real time multidirectional voice functionality utilizing any Internet protocol."

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SECTION 4. Said chapter is further amended by revising paragraph (4) of Code Section 46-5-231, relating to definitions, as follows:
"(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 Voice over Internet Protocol service."

SECTION 5. 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 394.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Burns Y Butler Y Byrd Y Carter, A Y Carter, B Casas Chambers Y Channell Y Cheokas Y Coan E Cole Y Coleman Y Collins Y Cooper Y Cox

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall

Y Holt Y Horne
Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S
Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis
Lindsey Y Lord Y Loudermilk Y Lucas

Y Martin E Maxwell
May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts

Y Scott, M Y Sellier Y Setzler
Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker
Watson Y Wilkinson Y Willard Y Williams, A
Williams, E

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Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the motion, the ayes were 157, 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 48. By Representatives Chambers of the 81st, Bearden of the 68th and Geisinger of the 48th:

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 redefine certain terms; to repeal conflicting laws; and for other purposes.

Representative Chambers of the 81st moved that the House insist on its position in disagreeing to the Senate substitute to HB 48 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.

The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:

Representatives Chambers of the 81st, Martin of the 47th and Fleming of the 117th.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 549. By Representative Burkhalter of the 50th:

A BILL to be entitled an Act to amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to establish requirements for basic therapy services for children with disabilities; to provide for legislative findings; to provide for definitions; to provide certain requirements relating to administrative prior approval for services and

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appeals; to provide for a modification to the state plan for medical assistance regarding the rate of payment to providers of medical assistance services; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL
To amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to establish requirements for basic therapy services for children with disabilities; to provide for legislative findings; to provide for definitions; to provide certain requirements relating to administrative prior approval for services and appeals; 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 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, is amended by adding a new article to read as follows:
"ARTICLE 7B
49-4-166. The General Assembly finds that changes in the approval process of certain health care programs have made it difficult for children with disabilities who are eligible for medical assistance pursuant to Article 7 of this chapter and Article 13 of Chapter 5 of this title to receive the services to which they are entitled with the frequency and within the time periods which are appropriate. Redundant paperwork requirements have hampered service approvals and delivery and reduced the number of providers serving children. It is the intent of this article to ensure that children with disabilities receive the medically necessary therapy services to which they are entitled under the Medicaid Early Periodic Screening, Diagnostic, and Treatment Program. It is also the intent of this article to simplify the process and paperwork by which occupational, speech, and physical therapy services are applied for and received by eligible recipients.
49-4-167. As used in this article, the term:
(1) 'Basic therapy services' means occupational therapy, speech therapy, physical therapy, or other services provided in the frequency specified in paragraph (2) of subsection (a) of Code Section 49-4-169 and pursuant to the EPSDT Program to an eligible Medicaid beneficiary 21 years of age or younger and which are prescribed

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and designated as medically necessary by a physician or other health care provider working within the scope of his or her legal authority to make such a prescription. (2) 'Department' means the Department of Community Health. (3) 'EPSDT Program' means the federal Medicaid Early Periodic Screening, Diagnostic, and Treatment Program contained at 42 U.S.C.A. Sections 1396a and 1396d. (4) 'Medically necessary services' means services which are deemed necessary by a physician or other health care provider authorized to prescribe such services to correct or ameliorate defects and physical and mental illnesses and conditions. (5) 'Prior approval' means the process by which medically necessary services provided at a frequency or interval above the minimum levels specified in Code Section 49-4-169 for basic therapy services are authorized by the Department of Community Health.
49-4-168. All persons who are 21 years of age or younger who are eligible for services under the EPSDT Program shall receive basic therapy services without prior approval in accordance with the provisions of this article.
49-4-169. (a) The department shall develop and implement for itself, the care management organizations with which it enters into contracts, and its utilization review vendors consistent requirements, paperwork, and procedures for utilization review of physical, occupational, or speech language pathologist services prescribed for children under the EPSDT Program. The following procedures and criteria shall be used by the department or an entity performing services for the department for the processing of requests for prior approval of such services:
(1) Prior approval for services beyond basic therapy services shall be for a minimum of six months for beneficiaries with congenital or chronic conditions and up to six months for beneficiaries with acute conditions; and (2) Basic therapy services shall be permitted at a frequency of 16 units of service per month until such time as the beneficiary is no longer medically eligible for Medicaid or such services are no longer medically necessary. In the case of speech therapists, 16 units per month shall mean eight units of untimed codes and 16 units of timed codes. Nothing in this paragraph shall require a physician or authorized prescriber of basic therapy services to order or prescribe services at the frequencies specified in this paragraph or services that are not medically necessary. (b) Notwithstanding any other provision of law, the department shall grant prior approval for requests for services when the recipient is eligible for Medicaid services and the services requested are medically necessary services. (c) Prescriptions and prior approval for services shall be for general areas of treatment, treatment goals, or ranges of specific treatments or processing codes and shall not be restricted to specific treatments or processing codes for such treatments.

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(d) Nothing in this article shall be construed to prohibit the department or its vendors and contractors from performing utilization reviews of the diagnosis of a child receiving speech, occupational, or physical therapy services pursuant to the EPSDT Program or the actual performance or delivery of such services by properly licensed therapists, so long as such utilization review does not deny or unreasonably delay the provision of medically necessary services to the recipient. (e) Nothing in this article shall be deemed to prohibit or restrict the department from denying claims or prosecuting or pursuing beneficiaries or providers who submit false or fraudulent prescriptions, forms specified in this article, or claims for services or whose eligibility as a beneficiary or a participating provider has been based on intentionally false information."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Burkhalter of the 50th moves to amend the Senate substitute to HB 549 (LC 33 2113S) by revising lines 6 through 8 of page 2 to read as follows:
eligible Medicaid beneficiary 21 years of age or younger and which are recommended as medically necessary by a physician.
By revising lines 12 through 14 of page 2 to read as follows:
(4) 'Medically necessary services' means those services provided under the EPSDT Program such as screening services, vision services, dental services, hearing services, and such other necessary health care, diagnostic services, treatment and equipment, and other measures to treat defects and physical and mental illnesses and conditions discovered by such screening services. Such services shall be based upon generally accepted medical practices in light of conditions at the time of treatment which are:
(A) Appropriate and consistent with the diagnosis of the treating physician and the omission of which could adversely affect the recipient's medical condition or the provision of which would correct or ameliorate the beneficiary's medical condition; (B) Compatible with the standards of acceptable medical practice in the United States; (C) Provided in a safe, appropriate, and cost-effective setting, given the nature of the diagnosis and the severity of the symptoms;

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(D) Not provided solely for the convenience of the recipient or the convenience of the health care provider or hospital; (E) Not primarily custodial care unless custodial care is a covered service or benefit under the recipient's evidence of coverage; and (F) Services for which there are no other effective and more conservative or substantially less costly treatments, services, and settings available.
By revising lines 30 of page 2 through line 4 of page 3 to read as follows:
(1) Prior approval for services beyond basic therapy services, when required under this article, shall be for a minimum of six months; provided, however, that to the extent allowable under federal law and regulations, the department, care management organizations with which it contracts, and its utilization review vendors shall grant prior approval for six months for treatment or services beyond basic therapy services for a minimum of six months for beneficiaries with congenital or chronic conditions and up to six months for beneficiaries with acute conditions; and (2) Basic therapy services shall be permitted at a frequency of 16 units of service per month until such time as the beneficiary is no longer medically eligible for Medicaid or such services are no longer medically necessary. The prescribing physician shall reconfirm in writing the medical necessity of such services at least once every six months. In the case of speech therapists, 16 units per month shall mean eight units of untimed codes and 16 units of timed codes. The physician prescribing services shall only prescribe such services as are medically necessary, and nothing in this paragraph shall require such physician to order or prescribe basic therapy services at the 16 unit frequency specified in this paragraph.
By revising line 6 of page 3 to read as follows:
for requests for services in excess of basic therapy services when the recipient is eligible for Medicaid services and the
By revising lines 13 through 15 of page 3 to read as follows:
speech, occupational, or physical therapy services pursuant to the EPSDT Program, the amount, duration, or scope, or the actual performance or delivery of such services by properly licensed therapists, so long as such utilization review does not unreasonably deny or unreasonably delay the provision of medically
Representative Burkhalter of the 50th moved that the House agree to the Senate substitute, as amended by the House, to HB 549.
On the motion, the roll call was ordered and the vote was as follows:

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Y Abdul-Salaam Y Abrams Y Amerson Y Ashe
Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas
Chambers Y Channell Y Cheokas Y Coan E Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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
Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon E Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

Y Holt Y Horne
Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James
Jamieson Y Jenkins
Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S
Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford
Maddox Mangham E Manning Y Marin

Y Martin E Maxwell
May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

E Scott, M Y Sellier
Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin
Walker Watson Y Wilkinson Y Willard Y Williams, A Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker

On the motion, the ayes were 154, nays 0.

The motion prevailed.

Representative Houston of the 170th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

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 559. By Representatives Kaiser of the 59th, Sheldon of the 105th, Ashe of the 56th, Jones of the 46th, Thomas of the 55th and others:

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A BILL to be entitled an Act to amend Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for teachers and other school personnel in elementary and secondary education, so as to provide for teachers and employees of charter schools to be considered employees for purposes of participating in the health insurance plans for teachers and other school personnel; to provide for related matters; to repeal conflicting laws; and for other purposes.
Representative Kaiser of the 59th moved that the House insist on its position in disagreeing to the Senate substitute to HB 559 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 Lindsey of the 54th, Coleman of the 97th and Kaiser of the 59th.
By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Education and referred to the Committee on Rules:
HR 855. By Representative Dickson of the 6th:
A RESOLUTION recognizing and expressing support for civic education in our public schools; and for other purposes.
The Speaker announced the House in recess until 7:15 o'clock, this evening.
The Speaker called the House to order.
The following Resolutions of the House were read and adopted:
HR 989. By Representatives Smyre of the 132nd and Porter of the 143rd:
A RESOLUTION congratulating Cynthia Tucker on being presented the Pulitzer Prize; and for other purposes.
HR 990. By Representative Smith of the 129th:
A RESOLUTION celebrating the life of Professor Jamie Bishop; and for other purposes.

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HR 991. By Representative Crawford of the 16th:
A RESOLUTION honoring and commending Mr. Robert Morrison Forsyth, outstanding Georgia citizen; and for other purposes.
HR 992. By Representatives Mangham of the 94th, Brooks of the 63rd, BeasleyTeague of the 65th, Mitchell of the 88th, Watson of the 91st and others:
A RESOLUTION recognizing "Africa Day" in the State of Georgia and honoring the Honorable Aliyu Modibo, Ph.D., Minister of Commerce of the Republic of Nigeria; the Honorable Frank Nweke, Jr., Minister of Information and National Orientation of the Republic of Nigeria; Mr. Erastus Akingbola, Chief Executive Officer of the Intercontinental Bank of Nigeria; Mrs. Gladys M. Sasore, Special Advisor to the President; and Laurie Ann Agama, Ph.D., Director of African Affairs for the United States White House; and for other purposes.
HR 993. By Representative Smith of the 168th:
A RESOLUTION commending Rever Morris; and for other purposes.
HR 994. By Representatives Reece of the 11th, Crawford of the 16th, Dempsey of the 13th and Loudermilk of the 14th:
A RESOLUTION commending the Armuchee Middle School Student Council; and for other purposes.
HR 995. By Representative Smith of the 168th:
A RESOLUTION commending and recognizing Dr. Kamillo F. Hartmann, M.D., as an "Honorary Citizen of Georgia"; and for other purposes.
HR 996. By Representatives Shaw of the 176th, Carter of the 175th, Black of the 174th, Roberts of the 154th and Houston of the 170th:
A RESOLUTION commending Head Coach Tommy Thomas on the occasion of his 40th season as the Valdosta State University Head Baseball Coach; and for other purposes.
HR 997. By Representative Walker of the 107th:
A RESOLUTION commending Mr. Tommy Mayes McCollum; and for other purposes.

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HR 998. By Representatives Brooks of the 63rd, Holt of the 112th, Mumford of the 95th, Lunsford of the 110th, Williams of the 165th and others:
A RESOLUTION commemorating and celebrating the life of Ms. Sandra Ann Gilstrap; and for other purposes.
HR 999. By Representative Porter of the 143rd:
A RESOLUTION honoring and remembering the life of William "Bill" Ervin Lovett; and for other purposes.
HR 1000. By Representative Porter of the 143rd:
A RESOLUTION honoring the life of David E. Nordan; and for other purposes.
HR 1001. By Representative Cheokas of the 134th:
A RESOLUTION honoring the Greek Orthadox Metropolis of Atlanta; and for other purposes.
HR 1002. By Representatives Glanton of the 76th and Smith of the 168th:
A RESOLUTION congratulating John and Adele Chamlee on the occasion of their 60th wedding anniversary; and for other purposes.
HR 1003. By Representatives Smith of the 113th, McKillip of the 115th and Heard of the 114th:
A RESOLUTION celebrating the 150th anniversary of the Athens YMCA; and for other purposes.
HR 1004. By Representative Cheokas of the 134th:
A RESOLUTION recognizing and commending Mrs. Eula Caras Carlos; and for other purposes.
HR 1005. By Representatives Murphy of the 120th and Frazier of the 123rd:
A RESOLUTION commending Colonel Gwendolyn Fryer; and for other purposes.

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HR 1006. By Representatives Crawford of the 127th, Knight of the 126th, Yates of the 73rd and Lakly of the 72nd:
A RESOLUTION remembering Judge Andrew J. Whalen, Jr.; and for other purposes.
HR 1007. By Representative Hatfield of the 177th:
A RESOLUTION commending Ernest Kendall Music, Jr.; and for other purposes.
HR 1008. By Representative Smith of the 168th:
A RESOLUTION commending James Jackson "Jack" Smith; and for other purposes.
HR 1009. By Representative Smith of the 113th:
A RESOLUTION honoring the life of Jamie Marie Bevilacqua Barrett; and for other purposes.
HR 1010. By Representative Richardson of the 19th:
A RESOLUTION congratulating the Mount Paran Christian School Cheerleading Squad for winning the Fellowship of Christian Cheerleaders National Championship; and for other purposes.
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 236. By Senators Rogers of the 21st, Hudgens of the 47th, Thompson of the 33rd, Goggans of the 7th, Hawkins of the 49th and others:
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 definitions; to provide for notification by certain state agencies upon a breach of security regarding personal information; to amend Article 8 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to the offense of identity fraud, so as to change certain provisions relating to the

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elements of the offense of identity fraud; to provide for a victim's right to file a report with a law enforcement agency; to provide a short title; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate adheres to its substitutes and has appointed a Committee of Conference on the following bills of the House:
HB 48. By Representatives Chambers of the 81st, Bearden of the 68th and Geisinger of the 48th:
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 redefine certain terms; 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, Hill of the 4th, and Carter of the 13th.
HB 148. By Representatives Burkhalter of the 50th and Smith of the 113th:
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 tangible property to or in construction or expansion of an aquarium for a limited period of time; 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: Pearson of the 51st, Rogers of the 21st, and Golden of the 8th.
HB 208. By Representatives Jones of the 46th, Lindsey of the 54th, Chambers of the 81st, Talton of the 145th and Coan of the 101st:
A BILL to be entitled an Act to amend Code Section 20-2-86 of the Official Code of Georgia Annotated, relating to operation of school councils, so as to provide that the parent members make up a majority on the school council; to provide that the chairperson shall be a parent member; 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, Weber of the 40th, and Williams of the 19th.

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HB 214. By Representatives Barnard of the 166th, Smith of the 70th, Stephens of the 164th, Parsons of the 42nd, Lane of the 158th and others:
A BILL to be entitled an Act to amend Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Jekyll Island-- State Park Authority, so as to provide for a renewal of the property lease to the authority; to extend the existence of the authority consistent with such lease renewal; to provide for legislative oversight of the authority; to provide for legislative intent; 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: Johnson of the 1st, Chapman of the 3rd, and Tolleson of the 20th.
HB 354. By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend Titles 36 and 48 of the Official Code of Georgia Annotated, relating, respectively, to local government and revenue and taxation, so as to establish procedures and due dates for notification of homeowner tax relief grants; to provide for recording of tax executions; to change certain income requirements for taxpayers 62 years of age or older seeking a homestead exemption for school tax purposes; to change certain provisions regarding the transmission of resolutions setting the terms of members of boards of tax assessors; to provide for additional return filing requirements for public utilities; 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: Johnson of the 1st, Heath of the 31st, and Rogers of the 21st.
HB 463. By Representatives McCall of the 30th, Powell of the 29th, Burns of the 157th, Roberts of the 154th, Lunsford of the 110th and others:
A BILL to be entitled an Act to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, so as to change certain provisions relating to exemptions from said chapter; to change certain provisions relating to education and training requirements relative to said chapter, required programs, instructor qualifications, and expiration of certification; to provide an effective date; to repeal conflicting laws; and for other purposes.

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The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Bulloch of the 11th, Tolleson of the 20th, and Pearson of the 51st.
HB 486. By Representative Willard of the 49th:
A BILL to be entitled an Act to amend Code Section 48-5-359.1 of the Official Code of Georgia Annotated, relating to contracts with the county tax commissioner to assess and collect municipal taxes and prepare the tax digest, so as to change certain provisions regarding compensation to be paid to the tax commissioner for additional duties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Wiles of the 37th, Shafer of the 48th, and Weber of the 40th.
HB 559. By Representatives Kaiser of the 59th, Sheldon of the 105th, Ashe of the 56th, Jones of the 46th, Thomas of the 55th and others:
A BILL to be entitled an Act to amend Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for teachers and other school personnel in elementary and secondary education, so as to provide for teachers and employees of charter schools to be considered employees for purposes of participating in the health insurance plans for teachers and other school personnel; 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, Weber of the 40th, and Williams of the 19th.
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 855 Do Pass
Respectfully submitted, /s/ Ehrhart of the 36th
Chairman

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Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 10.

By Senators Johnson of the 1st, Rogers of the 21st, Weber of the 40th, Schaefer of the 50th, Hill of the 32nd 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 enact the "Georgia Special Needs Scholarship Act"; to provide for a short title; to define certain terms; to provide for scholarships for public school students with disabilities to attend eligible private schools; to provide for qualifications and criteria for the scholarship program; to establish certain requirements for private schools that participate in the scholarship program; to provide for the amount of scholarship and method of payments; to authorize the State Board of Education to promulgate certain rules; 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 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to enact the "Georgia Special Needs Scholarship Act"; to provide for a short title; to define certain terms; to provide for scholarships for public school students with disabilities to attend other public or private schools; to provide for qualifications and criteria for the scholarship program; to establish certain requirements for schools that participate in the scholarship program; to provide for the amount of scholarship and method of payments; to authorize the State Board of Education to promulgate certain rules; to provide for an annual report on the program; 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 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by adding at the end thereof a new article, to be designated as Article 33, to read as follows:

"ARTICLE 33

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20-2-2110. This article shall be known and may be cited as the 'Georgia Special Needs Scholarship Act.'
20-2-2111. The General Assembly finds that:
(1) Students with disabilities have special needs that merit educational alternatives which will allow students to learn in an appropriate setting and manner; (2) Parents are best equipped to make decisions for their children, including the educational setting that will best serve the interests and educational needs of their children; (3) Children, parents, and families are the primary beneficiaries of the scholarship program authorized in this article and any benefit to private schools, sectarian or otherwise, is purely incidental; (4) The scholarship program established in this article is for the valid secular purpose of tailoring a student's education to that student's specific needs and enabling families to make genuine and independent private choices to direct their resources to appropriate schools; and (5) Nothing in this article shall be construed as a basis for granting vouchers or tuition tax credits for any other students, with or without disabilities.
20-2-2112. As used in this article, the term:
(1) 'Board' means the State Board of Education. (2) 'Department' means the Department of Education. (3) 'Parent' means a biological parent, legal guardian, custodian, or other person with legal authority to act on behalf of a child. (4) 'Participating school' means a private school that has notified the department of its intention to participate in the program, and that complies with the department's requirements. (5) 'Prior school year in attendance' means that the student was enrolled and reported by a public school system or school systems for funding purposes during the preceding October and March full-time equivalent (FTE) program counts in accordance with Code Section 20-2-160. (6) 'Private school' means a nonpublic school, sectarian or nonsectarian, which is accredited or in the process of becoming accredited by one or more of the entities listed in subparagraph (A) of paragraph (6) of Code Section 20-3-519. (7) 'Program' means the scholarship program established pursuant to this article. (8) 'Resident school system' means the public school system in which the student would be enrolled based on his or her residence. (9) 'Scholarship' means a Georgia Special Needs Scholarship awarded pursuant to this article.

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(10) 'Scholarship student' means a student who receives a scholarship pursuant to this article.
20-2-2113. The resident school system shall annually notify prior to the beginning of each school year the parent of a student with a disability by letter, electronic means, or by such other reasonable means in a timely manner of the options available to the parent under this article.
(1) The parent may choose for the student to attend another public school within the resident school system which has available space and which has a program with the services agreed to in the student's existing individualized education program. If the parent chooses this option, then the parent shall be responsible for transportation to such school. The student may attend such public school pursuant to this paragraph until the student completes all grades of the school, graduates, or reaches the age of 21, whichever occurs first, in accordance with federal and state requirements for disabled students; (2) The parent may choose to enroll the student in and transport the student to a public school outside of the student's resident school system which has available space and which has a program with the services agreed to in the student's existing individualized education program. The public school system may accept the student, and if it does, such system shall report the student for purposes of funding to the department; (3) The parent may choose for the student to attend one of the state schools for the deaf and blind operated by the State Board of Education, if appropriate for the student's needs. Funding for such students shall be provided in accordance with Code Section 20-2-302; or (4) The parent may request and receive from the department a scholarship for the student to enroll in and attend a participating private school in accordance with this article.
20-2-2114. (a) A student shall qualify for a scholarship under this article if:
(1) The student's parent currently resides within Georgia and has been a Georgia resident for at least one year; (2) The student has one or more of the following disabilities:
(A) Autism; (B) Deaf/blind; (C) Deaf/hard of hearing; (D) Emotional and behavioral disorder; (E) Intellectual disability; (F) Orthopedic impairment; (G) Other health impairment; (H) Specific learning disability;

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(I) Speech-language impairment; (J) Traumatic brain injury; or (K) Visual impairment; (3) The student has spent the prior school year in attendance at a Georgia public school and shall have had an Individualized Education Program (IEP) written by the school in accordance with federal and state laws and regulations; (4) The parent obtains acceptance for admission of the student to a participating school; and (5) The parent submits an application for a scholarship to the department no later than the deadline established by the department. (b) Upon acceptance of the scholarship, the parent assumes full financial responsibility for the education of the scholarship student, including transportation to and from the participating school. (c) For a student who participates in the program whose parents request that the student take the state-wide assessments pursuant to Code Section 20-2-281, the resident school system shall make available to the student locations and times to take all state-wide assessments. Test scores of private school students participating in the state-wide assessments shall not be applied to the system averages of the resident school system for data reported for federal and state requirements. (d) Students enrolled in a school operated by the Department of Juvenile Justice are not eligible for the scholarship. (e) The scholarship shall remain in force until the student returns to his or her assigned school in the resident public school system, graduates from high school, or reaches the age of 21, whichever occurs first. However, at any time, the student's parent may remove the student from the participating school and place the student in another participating school or public school as provided for in Code Section 20-2-2113. (f) Acceptance of a scholarship shall have the same effect as a parental refusal to consent to services pursuant to the Individuals with Disabilities Education Act, 20 U.S.C.A. Section 1400, et seq. (g) The creation of the program or the granting of a scholarship pursuant to this article shall not be construed to imply that a public school did not provide a free and appropriate public education for a student or constitute a waiver or admission by the state. (h) Any scholarship directed to a participating school is so directed wholly as a result of the genuine and independent private choice of the parent. (i) The parent of each student participating in the scholarship program shall comply fully with the participating school's rules and policies. (j) Any parent who fails to comply with the provisions of this article and department regulations relating to the scholarship shall forfeit the scholarship.
20-2-2115. (a) To be eligible to enroll a scholarship student, a participating school shall:

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(1) Have a physical location in Georgia where the scholarship students attend classes and have direct contact with the school's teachers; (2) Demonstrate fiscal soundness by having been in operation for one school year or by submitting a financial information report for the school that complies with uniform financial accounting standards established by the department and conducted by a certified public accountant. The report must confirm that the school desiring to participate is insured and the owner or owners have sufficient capital or credit to operate the school for the upcoming school year serving the number of students anticipated with expected revenues from tuition and other sources that may be reasonably expected. The report shall be limited in scope to those records that are necessary for the department to make a determination on fiscal soundness and to make payments to schools for scholarships; (3) Comply with the antidiscrimination provisions of 42 U.S.C. Section 2000d; (4) Comply with all health and safety laws or codes that apply to private schools; (5) Comply with all provisions of Code Section 20-2-690 and any other state law applicable to private schools; (6) Regularly report to the parent and the department on the student's academic progress, including the results of pre-academic assessments and post-academic assessments given to the student, in accordance with department guidelines; and (7) Employ or contract with teachers who hold a bachelor's degree or higher degree or have at least three years of experience in education or health and annually provide to the parents the relevant credentials of the teachers who will be teaching their students. (b) A home school operating under the provisions of Code Section 20-2-690 shall not be eligible to enroll scholarship students. (c) Residential treatment facilities licensed or approved by the state shall not be eligible to enroll scholarship students. (d) The creation of the program shall not be construed to expand the regulatory authority of the state, its officers, or any public school system to impose any additional regulation of nonpublic schools beyond those reasonably necessary to enforce the requirements of this article. (e) A participating school intending to enroll scholarship students shall submit an application to the department by June 30 of the school year preceding the school year in which it intends to enroll scholarship students. The notice shall specify the grade levels and services that the school has available for students with disabilities who are participating in the scholarship program. A school intending to enroll scholarship students in the 2007-2008 school year shall submit an application no later than June 30, 2007. (f) The board shall approve a participating school's application to enroll scholarship students if the school meets the eligibility requirements of this article and complies with board rules established pursuant to Code Section 20-2-2117. The board shall make available to local school systems and the public a list of participating schools.

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20-2-2116. (a) The maximum scholarship granted a scholarship student pursuant to this article shall be an amount equivalent to the costs of the educational program that would have been provided for the student in the resident school system as calculated under Code Section 20-2-161. This shall not include any federal funds. (b) The amount of the scholarship shall be the lesser of the amount calculated in subsection (a) or the amount of the participating school's tuition and fees, if applicable. The amount of any assessment fee required by the participating school may be paid from the total amount of the scholarship. (c) Scholarship students shall be counted in the enrollment of their resident school system; provided, however, that this count shall only be for purposes of determining the amount of the scholarship and the scholarship students shall not be included as enrolled for purposes of state or federal accountability requirements, including, but not limited to, the federal Elementary and Secondary Education Act, as amended by the No Child Left Behind Act of 2001 (P.L. 107-110). The funds needed to provide a scholarship shall be subtracted from the allotment payable to the resident school system. (d) Each local school system shall submit quarterly reports to the department on dates established by the department stating the number of scholarship students in the resident school system. Following each notification, the department shall transfer from the state allotment to each school system the amount calculated under Code Section 20-2-161 to a separate account for the scholarship program for quarterly disbursement to the parents of scholarship students. When a student enters the program, the department must receive all documentation required for the student's participation, including the participating school's and student's fee schedules at least 30 days before the first quarterly scholarship payment is made for the student. The department may not make any retroactive payments. (e) Upon proper documentation received by the department, the department shall make quarterly scholarship payments to the parents of scholarship students on dates established by the department during each academic year in which the scholarship is in force. The initial payment shall be made upon evidence of admission to the participating school, and subsequent payments shall be made on evidence of continued enrollment and attendance at the participating school. (f) Payment to the parents must be made by individual warrant made payable to the student's parent and mailed by the department to the participating school of the parent's choice, and the parent shall restrictively endorse the warrant to the participating school for deposit into the account of such school. (g) A person, on behalf of a participating school, may not accept a power of attorney from a parent to sign a warrant, and a parent of a scholarship student may not give a power of attorney designating a person, on behalf of a participating school, as the parent's attorney in fact. (h) If the participating school requires partial payment of tuition prior to the start of the academic year to reserve space for students admitted to the school, that partial payment may be paid by the department prior to the first quarterly payment of the year in which

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the scholarship is awarded, up to a maximum of $1,000.00, and deducted from subsequent scholarship payments. If a student decides not to attend the participating school, the partial reservation payment must be returned to the department by such school. Only one reservation payment per student may be made per year.
20-2-2117. (a) The board shall adopt rules to administer the program regarding eligibility and participation of participating schools, including, but not limited to, timelines that will maximize student and public and private school participation, the calculation and distribution of scholarships to eligible students and participating schools, and the application and approval procedures for eligible students and participating schools. The department shall develop and utilize a compliance form for completion by participating schools. The department shall be authorized to require any pertinent information as it deems necessary from participating schools for the purpose of implementing the program. Participating schools shall be required to complete such forms and certify their accuracy. (b) No liability shall arise on the part of the department or the state or of any local board of education based on the award or use of a scholarship awarded pursuant to this article. (c) The department may bar a school from participation in the program if the department determines that the school has intentionally and substantially misrepresented information or failed to refund to the state any scholarship overpayments in a timely manner.
20-2-2118. The Office of Student Achievement, in conjunction with the department, shall provide the General Assembly not later than December 1 of each year with a report regarding the scholarship program for the previous fiscal year. The report shall include, but not be limited to, numbers and demographics of students participating and numbers of participating schools. Such report shall also be posted on the Office of Student Achievement's website."
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 2007-2008 school year and all school years subsequent thereto.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Fleming of the 117th moved the previous question.
On the motion, the roll call was ordered and the vote was as follows:

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N Abdul-Salaam N Abrams Y Amerson N Ashe Y Barnard Y Bearden N Beasley-Teague N Benfield N Benton N Black Y Bridges N Brooks N Bruce N Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers
Channell Y Cheokas Y Coan Y Cole
Coleman Y Collins Y Cooper Y Cox Y Crawford, M N Crawford, R N Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson Y Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin N Frazier Y Freeman N Gardner Y Geisinger N Glanton Y Golick N Gordon Y Graves N Greene Y Hamilton Y Hanner Y Harbin N Hatfield Y Heard, J
Heard, K Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holmes

Y Holt Y Horne Y Houston N Howard N Hudson N Hugley N Jackson Y Jacobs N James N Jamieson N Jenkins Y Jerguson N Johnson, C E Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R N Levitas Y Lewis Y Lindsey N Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham E Manning N Marin

Y Martin E Maxwell Y May
McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell E Morgan Y Morris N Mosby N Mumford N Murphy Y Neal N Nix N Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake N Porter N Powell Y Pruett Y Ralston N Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner N Starr Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker N Watson Y Wilkinson Y Willard N Williams, A
Williams, E Y Williams, M
Williams, R N Wix Y Yates
Richardson, Speaker

On the motion, the ayes were 102, nays 64.

The motion prevailed.

The Committee substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

N Abdul-Salaam N Abrams

Y Dempsey N Dickson

Y Holt Y Horne

Y Martin E Maxwell

Y Scott, M N Sellier

FRIDAY, APRIL 20, 2007

4179

Y Amerson N Ashe Y Barnard Y Bearden N Beasley-Teague N Benfield N Benton N Black Y Bridges N Brooks N Bruce N Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd N Carter, A Y Carter, B Y Casas Y Chambers Y Channell N Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox N Crawford, M N Crawford, R N Davis, H Y Davis, S Y Day

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 N Frazier Y Freeman N Gardner Y Geisinger N Glanton Y Golick N Gordon Y Graves N Greene Y Hamilton 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 Houston N Howard N Hudson N Hugley N Jackson Y Jacobs N James N Jamieson N Jenkins Y Jerguson N Johnson, C E Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen N Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R N Levitas Y Lewis Y Lindsey N Lord Y Loudermilk N Lucas Y Lunsford N Maddox N Mangham E Manning N Marin

Y May Y McCall N McKillip N Meadows Y Millar Y Mills N Mitchell E Morgan Y Morris N Mosby N Mumford N Murphy Y Neal Y Nix N Oliver Y O'Neal Y Parham N Parrish Y Parsons Y Peake N Porter N Powell Y Pruett N Ralston N Randall N Reece Y Reese Y Rice Y Roberts Y Rogers N Royal Y Rynders N Sailor Y Scott, A

Y Setzler N Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner N Starr Y Stephens N Stephenson N Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker N Watson Y Wilkinson Y Willard N Williams, A
Williams, E Y Williams, M Y Williams, R N Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 90, nays 84.

The chair voted "aye".

On the passage of the Bill, the ayes were 91, nays 84.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Porter of the 143rd moved that the House reconsider its action in giving the requisite constitutional majority to SB 10.

On the motion, the roll call was ordered and the vote was as follows:

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Abdul-Salaam Y Abrams N Amerson Y Ashe N Barnard N Bearden Y Beasley-Teague Y Benfield Y Benton Y Black N Bridges Y Brooks Y Bruce Y Bryant Y Buckner N Burkhalter N Burns N Butler N Byrd Y Carter, A N Carter, B N Casas N Chambers N Channell Y Cheokas N Coan N Cole N Coleman N Collins N Cooper N Cox N Crawford, M Y Crawford, R Y Davis, H N Davis, S N Day

N Dempsey N Dickson 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 Y Frazier N Freeman Y Gardner N Geisinger Y Glanton N Golick Y Gordon N Graves Y Greene N Hamilton Y Hanner N Harbin Y Hatfield N Heard, J Y Heard, K Y Heckstall N Hembree Y Henson N Hill, C N Hill, C.A N Holmes

N Holt N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson N Jacobs Y James Y Jamieson Y Jenkins N Jerguson Y Johnson, C E Johnson, T N Jones, J Y Jones, S Y Jordan Y Kaiser N Keen Y Keown N Knight N Knox N Lakly N Lane, B N Lane, R Y Levitas N Lewis N Lindsey Y Lord N Loudermilk Y Lucas N Lunsford Y Maddox Y Mangham E Manning Y Marin

N Martin E Maxwell N May N McCall Y McKillip N Meadows N Millar N Mills Y Mitchell E Morgan N Morris Y Mosby Y Mumford Y Murphy N Neal N Nix Y Oliver N O'Neal N Parham Y Parrish N Parsons N Peake Y Porter Y Powell Y Pruett N Ralston Y Randall Y Reece N Reese N Rice N Roberts Y Rogers N Royal Y Rynders Y Sailor N Scott, A

N Scott, M Y Sellier N Setzler
Shaw N Sheldon Y Shipp N Sims, B N Sims, C Y Sims, F Y Sinkfield N Smith, B N Smith, L N Smith, R N Smith, T N Smith, V Y Smyre Y Stanley-Turner Y Starr N Stephens Y Stephenson Y Talton Y Teilhet
Thomas, A.M Y Thomas, B N Tumlin N Walker Y Watson N Wilkinson N Willard Y Williams, A
Williams, E N Williams, M N Williams, R Y Wix N Yates
Richardson, Speaker

On the motion, the ayes were 77, nays 94.

The motion was lost.

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:

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HR 828 Do Pass, by Substitute HR 955 Do Pass
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 substitute, by the requisite constitutional majority, the following bill of the House:
HB 487. By Representatives Scott of the 153rd, Keen of the 179th, Burkhalter of the 50th and Fleming of the 117th:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide that the candidate who receives the most votes in a primary, special primary, election, or special election, other than a municipal primary, municipal special primary, municipal election, or municipal special election shall be nominated or elected, provided that the votes for such candidate exceed 45 percent of the total votes cast in that contest in the primary, special primary, election, or special election; to provide a definition; to change the date of the presidential preference primary in Georgia; to change the date by which the parties must submit names to the Secretary of State for inclusion on the ballot and the date on which the Secretary of State shall publish such list of names; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following supplemental Rules Calendar was read and adopted:
HOUSE SUPPLEMENTAL RULES CALENDAR FRIDAY, APRIL 20, 2007
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 40th Legislative Day as enumerated below:

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HR 425 HR 609 HR 720 HR 825 HR 826 HR 828 HR 855 HR 955 SR 296 SR 363

UNCONTESTED HOUSE/SENATE RESOLUTIONS
House Study Committee on Tanning Salon Consumer Protection; create (H&HS-Drenner-86th) House Study Committee on Prepaid Telecommunications Homeland Security Interests; create (Lunsford-110th) Rules Committee Substitute House Study Committee on the Funeral Service Profession; create (Substitute)(RegI-Sims-169th) Rules Committee Substitute Financial Literacy Month; urge state and national officials to support (B&B-Fludd-66th) House Study Committee on Trans Fat Alternatives for the Georgia Food Industry; create (Rules-Dollar-45th) Rules Committee Substitute House Study Committee on Interstate Gas Capacity Planning; create (Rules-Roberts-154th) Rules Committee Substitute Civic education in public schools; commend Effingham County Tax Structure Study Committee; create POW Julian Abel Memorial Bridge; dedicating (Trans-Houston-170th) Goggans-7th Mental Health Service Delivery Commission; create

DEBATE CALENDAR

Open Rule

SB 39 SB 68
SB 82 SB 83 SB 114
SB 122 SB 162 SB 168 SB 170

Charter Systems Act; establishment of charter schools; revise/add definitions; Charter Advisory Committee (Substitute)(Ed) Weber-40th Career Academies Act; disbursement of funds by the State Board of Technical and Adult Education; charter schools (Substitute)(HEd-Hembree67th) Weber-40th Dunwoody, City of; incorporation, boundaries, and powers of the city (Substitute)(GAff-Chambers-81st) Weber-40th Municipalities; change certain local government provisions (Substitute)(GAff-Millar-79th) Weber-40th -Rules Committee Substitute Real Estate Brokers; criminal convictions; terms/conditions of sentence; provide that certain time periods shall pass; application for licensure (Substitute)(RegI-Barnard-166th) Shafer-48th Education; annual performance evaluations; require signature of evaluator and provide to certificated person (Ed Coleman-97th)Hill-39th Retirement; person who becomes member; disability benefit; actual years of creditable service (Ret) Heath-31st Deaf Child's Bill of Rights Act; communication needs of a deaf student (Ed-Casas-103rd) Smith-52nd Quality Basic Education Act; foreign language requirements; college preparatory diploma (Ed-Casas-103rd) Smith-52nd

FRIDAY, APRIL 20, 2007

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SB 172 SB 193
SB 194
SB 204 SB 272

Georgia Retiree Health Benefit Fund; reports to the board of community health (App-Channell-116th) Goggans-7th Local Government; employment benefits for county employees; general provisions (Substitute)(GAff-Burkhalter-50th) Mullis-53rd -Rules Committee Substitute Election; county election superintendent; tabulation of absentee ballots; prior to the close of the polls on the day of primary, election or runoff (Substitute)(GAff-Scott-153rd) Staton-18th -Rules Committee Substitute Health; board for distribution/delivery of dead bodies; change certain provisions (H&HS) Thomas-54th Agricultural/Forest Products; limited liability for owners/operators of farms offering agritourism under certain circumstances (Substitute)(JudyNCMcCall-30th) Bulloch-11th

Modified Open Rule

None

Modified Structured Rule

SB 102

Chiropractors; define/redefine terms; scope of practice; change criminal penalties for unlicensed practice (Substitute)(H&HS-Wilkinson-52nd) Balfour-9th

Structured Rule

SB 184 SB 200 SR 309

Income Taxes; new definitions; modify the computation of deductible business expenses (Substitute)(W&M-Scott-2nd) Rogers-21st Georgia Smart Infrastructure Growth Act; creation (Substitute)(ED&TBarnard-166th) Grant-25th Infrastructure Development Districts; provide by general law the creation and comprehensive regulation-CA (ED&T-Barnard-166th) Grant-25th

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 Resolution of the House was withdrawn from the Committee on Banks & Banking and referred to the Committee on Rules:

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HR 825. By Representatives Fludd of the 66th, Mosby of the 90th, Knight of the 126th and Tumlin of the 38th:
A RESOLUTION urging state and national officials to support the goals and ideals of "Financial Literacy Month"; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bill and Resolution of the Senate were taken up for consideration and read the third time:
SR 309. By Senators Grant of the 25th and Thompson of the 33rd:
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 substitute, offered by the Committee on Rules, 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 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; provided, however, that an infrastructure development district may only be created when approved by a county governing authority when the entire district is proposed to be in the unincorporated area of a county, a municipal governing authority when the entire district is proposed to be wholly within the municipality, or both a county governing authority and a municipal governing authority when the district is proposed to be partially in the unincorporated area of a county and partially in a municipality.

FRIDAY, APRIL 20, 2007

4185

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 impose and collect such fees and assessments within 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 and credit of the infrastructure development district but shall not be an obligation of the State of Georgia or any 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 in any appropriate manner, including, but not limited to, limiting the application of such general law by population."
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 authorize the

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General Assembly to provide by general law for the creation and ( ) NO comprehensive regulation of infrastructure development districts for the
provision of infrastructure as authorized by local governments?"
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, was agreed to, by substitute.

On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:

N Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden N Beasley-Teague N Benfield N Benton Y Black Y Bridges N Brooks N Bruce N Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole E Coleman Y Collins Y Cooper Y Cox Y Crawford, M N Crawford, R Y Davis, H N Davis, S Y Day

Y Dempsey Y Dickson Y Dollar N 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 N Frazier Y Freeman N Gardner N Geisinger Y Glanton N Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin N Hatfield Y Heard, J Y Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holmes

Y Holt Y Horne Y Houston Y Howard N Hudson Y Hugley N Jackson N Jacobs Y James N Jamieson Y Jenkins N Jerguson Y Johnson, C E Johnson, T Y Jones, J N Jones, S Y Jordan N Kaiser Y Keen Y Keown Y Knight N Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis N Lindsey N Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox N Mangham E Manning Y Marin

Y Martin E Maxwell Y May Y McCall N McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby N Mumford Y Murphy Y Neal Y Nix N Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese N Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Scott, M N Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F N Sinkfield Y Smith, B
Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre N Stanley-Turner N Starr Y Stephens Y Stephenson Y Talton Y Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

FRIDAY, APRIL 20, 2007

4187

On the adoption of the Resolution, by substitute, the ayes were 130, nays 40.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
SB 200. By Senators Grant of the 25th and Thompson of the 33rd:
A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for a comprehensive program for the creation of infrastructure development districts; 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.
The following Committee substitute was read and withdrawn:
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 provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding a new 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 2007.'
36-93-2. As used in this chapter, the term:
(1) 'Additional projects' means district projects beyond those identified in the petition for creation of the district. (2) 'Appropriate local government' means:
(A) Each county governing authority that has approved a resolution or ordinance authorizing it to create and regulate districts as provided under this chapter if the district or proposed district is located wholly in the unincorporated part of one or more counties; (B) Each municipal governing authority that has approved a resolution or ordinance authorizing it to create and regulate districts as provided under this chapter if the district or proposed district is located wholly within one or more municipalities; or (C) Each county governing authority and each municipal governing authority that has approved a resolution or ordinance authorizing it to create and regulate districts as provided under this chapter if the district or proposed district is located partially in the unincorporated area of one or more counties and partially within one or more municipalities. For the purposes of this chapter, the term 'appropriate local government' may be read as 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;

FRIDAY, APRIL 20, 2007

4189

(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; (N) Administrative expenses; (O) Such other expenses as may be necessary or incidental to the acquisition, construction, demolition, redevelopment, 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, paths, trails, and thoroughfares of all kinds and descriptions within a district, including any landscaping and storm drains associated therewith. (10) 'Government member' means a member of the board named by a local government. (11) '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 financing of projects and the formation, powers, operation, duration, accountability, requirements for disclosure, and termination of which are as required by this chapter. (12) 'Initial costs' means costs related to district projects identified in the petition for creation of the district.

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(13) '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. (14) 'Local governing authority' means any county or municipal corporation of the State of Georgia other than a county that is subject to a millage rate cap on countywide taxes levied for the purpose of general maintenance and operation of the county government. (15) 'Open space' means dedicated lands and waters, or interests therein, consistent with one or more of the following uses:
(A) Protection of agricultural or forestry lands; (B) Protection of areas that serve as natural habitat for native plant and animal species; (C) Provision of recreation in the form of outdoor activities including, but not limited to, biking, boating, camping, fishing, golf, hiking, hunting, jogging, running, or recreational fields; (D) Scenic protection; (E) Water quality protection for rivers, streams, and lakes; (F) Storm-water utility purposes; or (G) Wetlands protection. (16) 'Petitioner member' means a member of the board named by the petitioner. (17) 'Petitioner' means an entity, person, or group of persons who intends to create a district. (18) 'Project' means any development, improvement, property, utility, facility, works, enterprise, or service existing on January 1, 2009, or thereafter undertaken or established under this chapter. A project shall not include an 'electric utility' or a 'gas company' as defined in Code Section 46-1-1. (19) 'Qualified electors' means landowners within the district who, at the time the district was created, were not shown as a landowner 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. (20) '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. (21) 'Service delivery provider' means a local government or local government authority that provides services to a designated area pursuant to Article 2 of Chapter 70 of this title. (22) '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, reuse, reclamation, 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

FRIDAY, APRIL 20, 2007

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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. (23) '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 one year. (24) 'Water management and control facilities' means any lakes, ponds, 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. (25) 'Water system' means a system for the provision of piped water for reuse, reclamation, or human consumption within a district. Such system shall have at least 15 service connections or regularly serve at least 25 individuals. Such term includes, but is not limited to, any collection, treatment, storage, and distribution facilities under the control of the operator of such system and used primarily in connection with such system and any collection or pretreatment storage facilities not under such control which are used primarily in connection with such 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. Such water system shall be subject to the provisions of Part 5 of Article 3 of Chapter 5 of Title 12, the 'Georgia Safe Water Drinking Act of 1977.'
36-93-3. (a) A local governing authority may exercise its powers granted by this chapter after holding a public hearing for the purpose of discussing the use of districts as a tool for financing services and infrastructure and approving a resolution or ordinance that authorizes the local government to create and regulate districts as provided under this chapter. Such local governing authority may hold more than one public hearing for discussion purposes; however, the vote to approve a resolution or ordinance authorizing the local governing authority to create and regulate districts shall be held no more than

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60 days following the last public hearing held to discuss the use of districts as a financing tool. (b) Prior to requesting the creation of a district, the petitioner shall submit the proposed development plan to the appropriate local government for consideration. Such petitioner shall complete all required federal, state, or regional reviews including, but not limited to, development of regional impact reviews pursuant to paragraph (3) of subsection (b) of Code Section 50-8-7.1 and Code Section 50-32-14 with respect to such proposed development plan.
(c)(1) A petitioner seeking to create a district to finance such development shall file a petition requesting creation of a district with the appropriate local government. All required federal, state, or regional reviews shall be completed prior to the appropriate local government's taking final action on the approval of a district. (2) In the event that a development of regional impact review is required pursuant to state law, rule, or regulation and the findings of the development of regional impact review are that the development is in the best interest of the state but that certain modifications in the development plan should be made, the petitioner and the appropriate local government shall submit to all rules and regulations pertaining to the mediation of conflicts for developments of regional impact as set forth by the Department of Community Affairs prior to the appropriate local government's taking final action on the approval of the district. (3) In the event that a development of regional impact review is required pursuant to state law, rule, or regulation and the findings of the development of regional impact review are that the development is not in the best interest of the state, the petitioner and the appropriate local government shall submit to all rules and regulations pertaining to the mediation of conflicts for developments of regional impact as set forth by the Department of Community Affairs prior to the appropriate local government's taking final action on the approval of the district. Additionally, the appropriate local government may in its discretion condition its approval of such a district upon the approval by a majority of voters residing in the geographic boundaries of such local government in an election. Such election shall be called by the local governing authority and conducted on a date and in the manner authorized by Code Section 21-2-540. The question on the ballot shall be as prescribed by the county election superintendent. (d) The petition shall: (1) 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; (2) 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; (3) Specifically identify the projects to be undertaken according to the petitioner's master plan for the district, the necessity for the projects, the cost of the projects, and the anticipated need for bonds, taxable and tax-exempt, as then reasonably estimated

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by the petitioner. These estimates shall be submitted in good faith but shall not be binding and may be subject to change; (4) 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 state or of any county or municipality in the state; (5) 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; (6) Based upon reasonably available data, identify water and sewer facilities located within the district, if any; (7) Based upon available data, include the proposed timetable for construction of the district projects and the estimated cost of constructing the proposed projects. These estimates shall be submitted in good faith but shall not be binding and may be subject to change; (8) 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 appropriate local government's comprehensive land use plan, if one has been adopted pursuant to Article 1 of Chapter 70 of this title; and (9) Include a preliminary master plan. 36-93-4. (a) The petitioner shall submit a copy of the petition to the governing authority of any 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 appropriate local government no sooner than 60 days nor later than 90 days following the submission of a petition unless reasonably delayed for reasons related to the appropriate local government's completing all necessary federal, state, or regional reviews including, but not limited to, development of regional impact reviews pursuant to paragraph (3) of subsection (b) of Code Section 50-8-7.1 and Code Section 50-32-14 or due to circumstances beyond the control of the appropriate local government. 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 begin after 6:00 P.M. but no later than 7:00 P.M. at an accessible location in the jurisdiction of each appropriate local government. 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. Such notice shall not be placed in the area reserved for legal advertisements. 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 appropriate local government may require. All affected local governments

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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 shall consider the entire record of the applicable 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 and sufficiently contiguous to be developed as one functional interrelated community; (3) Whether creation of the district is a reasonable alternative for providing infrastructure and facilities to the area that will be served by the district; (4) Whether the infrastructure and facilities of the district will be compatible with the capacity and uses of existing local and regional services and facilities, provided that, as a condition for approval of creation, the district shall submit a proposed postdevelopment storm-water management system plan and shall plan for sewer service to be made available to all buildings within the district; (5) Whether the proposed district projects are consistent or inconsistent with any applicable element or portion of the appropriate local government's comprehensive plan adopted pursuant to Article 1 of Chapter 70 of this title or an existing service delivery agreement pursuant to Article 2 of Chapter 70 of this title; (6) Whether the creation of 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 appropriate local government which has jurisdiction over the land to be included in the district shall not adopt any resolution, ordinance, or contract which would expand any powers granted to the district by this chapter. (e) The petitioner shall provide a copy of the petition to create the district, any resolution or ordinance establishing a district, and the district's disclosures pursuant to subsection (b) of Code Section 36-93-23 to the Department of Community Affairs. (f) A resolution or ordinance establishing a district shall: (1) Describe the external boundaries of the district; (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. (g)(1) 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; and the creation of a district shall not override any agreement entered into between local governing

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authorities pursuant to Article 2 of Chapter 70 of this title or any other provision of law. (2) The powers granted to a district pursuant to paragraphs (11) and (12) of Code Section 36-93-8 may be exercised by the board upon execution of an agreement between the board and the appropriate local government. Such agreements shall include reasonable terms including, but not limited to, describing the services and facilities to be provided within the district and the source of funding for such services and facilities. If such agreements are amended, any such amendments shall be agreed to by mutual consent of the board and the local government unit or units.
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 such members 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. The provisions of Code Section 45-10-3 shall apply to all members of the board who are elected pursuant to this Code section and their successors. 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 composed of four members named by the petitioner and one member who shall be appointed by each appropriate local government that issues a resolution or ordinance creating the district at such local government's discretion. In the event a district is created by a resolution or ordinance by more than one local government, each appropriate local government shall appoint one member to the board and the petitioner may appoint one additional petitioner member per additional government member. In the event that an appropriate local government chooses not to appoint a board member, the petitioner may appoint one additional member. An appropriate local government shall have immunity with respect to any action taken against such government's appointee as a member of the district board. The government appointee shall have immunity for actions taken as a member of the district board for acts or omissions in the scope of his or her duty as a member of the district board or an employee, appointee, or official of the appropriate local government. An initial board member shall serve until the board, in the case of petitioner members, or the appropriate local government, in the case of government members, replaces the member or the member is replaced by an election by the qualified electors pursuant to subsection (c) of this Code section.
(c)(1) Petitioner members of the board shall stand for election by qualified electors pursuant to the following schedule and such elected petitioner members of the board shall be qualified electors:
(A) The first petitioner member shall stand for election within six months of the sale to the general public of land representing 30 percent of the geographic area within the boundaries of the district;

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(B) The second 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; (C) The third petitioner member shall stand for election within six months of the sale to the general public of land representing 60 percent of the geographic area within the boundaries of the district; and (D) All remaining petitioner members shall stand for election within six months of the sale to the general public of land representing 70 percent of the geographic area within the boundaries of the district or within six years after the effective date of the resolution or ordinance establishing the district, whichever is sooner. (2) The board shall organize district elections which shall be held at a meeting of the qualified 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; provided, however, that such notice shall not be published in the area reserved for legal advertisements. The chairperson of the board shall conduct the meeting. If the chairperson is a qualified elector or proxy holder for a qualified elector, he or she may nominate candidates and make and second motions. (3) At a district election, each qualified elector shall be entitled to cast one vote per acre of land owned by him or her, located within the district, for each member to be elected; provided, however, that a qualified elector may not cast a vote representing any land currently used or identified for future use of district facilities, infrastructure, or other district specific purposes including common areas. No qualified elector may cast votes representing more than 15 percent of the available votes. A qualified 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 qualified elector to one vote with respect thereto. In the event that an acre or a fraction of an acre is jointly owned, only one such owner shall be entitled to vote as a qualified elector. 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 and nominations for available seats shall be made at a meeting of the board and shall become part of the official minutes of the

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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. (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 among the petitioner members, 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 and any other documents shall be open to inspection and governed by the provisions of Article 4 of Chapter 18 of Title 50. The record book shall be kept at a district office. (h) All meetings of the board shall be open to the public and governed by the provisions of Chapter 14 of Title 50. 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 begin no earlier than 6:00 P.M. nor later than 7:00 P.M. and 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 make available to any person 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.
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

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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 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. The district shall file its audits annually with the Department of Audits and Accounts. (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 proposed budget by resolution that shall provide for a hearing on the proposed budget as approved. Such hearing shall begin no earlier than 6:00 P.M. nor later than 7:00 P.M. and shall be limited only to consideration of the proposed budget. Notice of the hearing on the proposed 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 and shall not be placed in the section reserved for legal advertisements. The board shall make copies of the proposed budget available during business hours at the district office for no less than two weeks prior to the hearing. At the time and place designated in the notice, the board shall hear all comments on and 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 more than three months and no less than one month before the 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

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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. Upon approval of the final budget, the board shall submit a certified copy of such budget to the appropriate local government. (d) The district shall provide for the full disclosure of information relating to the public and private financing and maintenance of improvements to real property undertaken by the district. Such 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 residential development within the district with sufficient copies of that information to provide each prospective initial purchaser of property in that development with a copy, and any developer of a residential development within the district, when required by law to provide a public offering statement, shall include a copy of such information relating to the public financing and maintenance of improvements in the public offering statement. (e) The Department of Community Affairs shall keep a current list of districts and their disclosures pursuant to this chapter and shall make such studies, reports, and other documents available for inspection.
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 otherwise, and to dispose of real and personal property or any estate therein; provided, however, that, in accordance with 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 shall 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, other than sewer systems and water systems, shall contain the following provisions:
(A) With the exception of contracts with the federal government, the state, a state or local authority, a board of education, or a political subdivision of the state, any district contract shall terminate absolutely and without further obligation on the part

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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 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. Debt of the district 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 local government or other unit of government of this state; (4) To adopt resolutions and orders prescribing the powers, duties, functions, and ethical requirements 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. 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)(A) To raise, by user charges or fees authorized by resolution of the board, amounts of money which are necessary and reasonable 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.

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(B) 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. (C) 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 revised by the board. (D) 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. (E) 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 (iii) Any other funds which may be required under the resolution or resolutions authorizing the issuance of bonds pursuant to this chapter. (F) 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 taxes and assessments as provided by this chapter in conformity with the requirements of Code Sections 48-532 and 48-5-32.1 that are applicable to a levying authority; (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, provided that such systems, facilities, and basic infrastructures shall be built according to the then-current specifications applicable to or within the jurisdiction or the service area of the service delivery provider in which such systems, facilities, and basic infrastructures are to be located and the district shall be subject to

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Chapter 9 of Title 25 and other provisions of state or federal law that are generally applicable to government entities providing the same infrastructure, facility, or service as the district, and provided, further, that exercising such powers shall constitute an essential governmental function for a public purpose:
(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, sewerage, 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; to connect such mains, conduits, and pipelines with existing infrastructure upon entering into an agreement to do so with the owner of such existing infrastructure; and to dispose of any effluent, residue, or other byproducts of such system or sewer system. Such sewerage or sewerage system shall have the same rights, duties, and obligations as publicly owned treatment works that discharge treated waste water; (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, sidewalks, bicycle paths, and pedestrian facilities; (ii) Street lights; and (iii) Buses, trolleys, trams, 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; (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 for an increased level of such services within the district boundaries; (H) Indoor and outdoor recreational, cultural, and educational uses; (I) Natural gas distribution facilities to be connected with and used by an existing municipal natural gas system to provide natural gas to the district; and (J) Any other project within or outside the boundaries of a district consistent with the local government's comprehensive plan;

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(12) To finance, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, and maintain additional facilities for the following, provided that such systems, facilities, and basic infrastructures shall be built according to the then-current specifications applicable to or within the jurisdiction or the service area of the service delivery provider in which such systems, facilities, and basic infrastructures are to be located, and provided, further, that exercising such powers shall constitute an essential governmental function for a public purpose:
(A) Fire prevention and control including fire stations, water mains and plugs, fire trucks, and other vehicles and equipment when authorized by the service delivery provider and pursuant to a written agreement with such service delivery provider; (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 when authorized by the service delivery provider and pursuant to a written agreement with such service delivery provider; (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; provided, however, that such deed restrictions shall not have retroactive application; 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;

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(15) To demolish buildings or other facilities located in areas of a district that are within the limits of a municipality and to redevelop areas located in a district that is authorized within the limits of a municipality; and (16) 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 this chapter or 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 home rule and police powers including, but not limited to, code enforcement, regulatory authority, zoning powers, and land use control powers under the laws of this state; and provided, further, with the exception of districts performing redevelopment activities inside municipalities, that the district shall dedicate a minimum of 20 percent of its area to permanent open space.
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

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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; provided, however, that the board shall disclose the interest rate or rates payable on such loans and shall notify each property owner of his or her share of such costs as will be repaid on such loan or loans.
36-93-12. (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 36-93-14 on their property. (b) All bonds, notes, and other obligations of the district shall be authorized by resolution of its board, such resolution to include a finding that revenues from the project will be sufficient to repay the bonds, notes, or other obligations. 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. In the event that a district seeks to finance the construction of additional projects using tax-exempt bonds, the board shall submit a new petition to the appropriate local government that specifically identifies the projects to be undertaken, the necessity for the projects, the costs of the projects, and the anticipated need for tax-exempt bonds as then reasonably estimated by the petitioner, provided that such estimates shall be submitted in good faith but shall not be binding and may be subject to change. Obligations from such debt for each landowner within the district shall be limited to the amount identified in the calculation provided in subsection (i) of Code Section 36-93-14. (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.

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(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 to refund bonds then outstanding and 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. (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 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 shall 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 Code 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 (18) 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.

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(k) All bonds issued under this chapter shall be validated pursuant to the procedures set forth in Chapter 82 of this title.
36-93-13. 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 inside 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, 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.
36-93-14. (a) The board shall have the power to levy and assess a district project assessment on all the taxable real property in the district to construct and maintain projects approved by the appropriate local government and to pay the costs thereof; 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. Such district project assessment shall be capped at the amount determined by the board pursuant to subsection (i) of this Code section. The district project assessment shall be in addition to all other ad valorem taxes and assessments provided for by law. (b) The board may levy either an ad valorem tax or a maintenance special assessment to maintain, operate, or preserve the facilities and projects of the district and to pay the costs thereof; to pay the principal of, and interest on, any obligations of the district; and to provide for any sinking or other funds established in connection with any such obligations. Neither the ad valorem tax for maintenance and operation nor the maintenance special assessment shall include costs associated with fee-for-services

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arrangements, such as payments for utility or water service. The ad valorem tax for maintenance and operation or the maintenance special assessment may be evidenced to and certified to the tax authority of the appropriate local government by the board not later than June 15 of each year and shall be entered by the tax authority of the appropriate local government on the 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. Ad valorem taxes for maintenance and operation and maintenance special assessments shall be a lien on the property against which assessed until paid and shall be enforceable in like manner as taxes in the appropriate local government. The amount of the ad valorem tax for maintenance and operation shall be determined and assessed uniformly by the board upon all taxable property within the district. The amount of the maintenance special assessment shall be likewise determined and assessed and shall be apportioned among the benefited lands in proportion to the benefits received by each tract of land. (c) Any ad valorem tax levied pursuant to this Code section for maintenance and operation shall not exceed ten mills on each dollar of the assessed value of the property as determined in the county tax digest. Any maintenance special assessment levied pursuant to this Code section shall not exceed $100.00 per month. Except for specially designated property as provided for in Code Section 36-93-24, the taxes 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 not for the purpose of providing infrastructure that would primarily benefit the county or municipality as a whole. Any tax or assessment so levied shall be collected by the appropriate local government in which the property is located using the methods and procedures as designated by the tax authority of the appropriate local government. Delinquent taxes and assessments shall bear the same interest and penalties as ad valorem taxes of the appropriate local government in which the property is located and may be enforced and collected in the same manner. The appropriate local government 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 and assessments for the board. The remaining proceeds shall be transmitted by the appropriate local government 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 August 1 of each calendar year and shall notify in writing the appropriate tax authority of the appropriate local government in which the property is located by August 1 each year so the appropriate local government may include the levy on its regular ad valorem tax bills. The board shall use the assessed values of property contained in the tax digest approved by the county to determine property tax liability and shall based the district project assessments owed by each parcel of land as calculated using the formula provided in subsection (i) of this Code section. (e) If a parcel of real property is removed from the district or otherwise becomes nontaxable, it shall continue to bear its ad valorem tax or assessment burden then extant

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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 are paid taxes, fees, or assessments levied by the board for any public facility that is the subject of impact fees levied by the appropriate local government 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 appropriate local government 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 ad valorem taxes for maintenance and operation and 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 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. The board shall calculate the amount of initial costs and any costs for additional projects, if applicable, for which each parcel is to be responsible which costs shall be apportioned to each parcel at a pro rata share based on acreage and make that amount available to the public. Sellers of land within the district shall refer to this calculation for purposes of the disclosures required in this chapter.
36-93-15. 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 taxes and 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 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 chapter shall affect the rights of lien holders for municipal taxes.
36-93-16. (a) The district has the right to:

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(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 tax commissioner, tax collector, or other public official 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.
36-93-17. 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 sewerage 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.
36-93-18. 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.
36-93-19. 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 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,

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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.
36-93-20. 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, any appropriate local government, 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.
36-93-21. Property, real or personal, that belongs to or is owned by the district, or in which the district has an ownership interest and is funded by a tax-exempt bond issued by the district, 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. In the event that taxes on such property become delinquent or government liens are placed on such property, the federal government, the state government, or any political subdivision of the state with an interest in such taxes or liens may pursue a civil action against the district to recover such moneys. Any such government shall be entitled to recover costs and attorney's fees accrued in the pursuit of such action.
36-93-22. (a) The board may petition to contract or expand the boundaries of a district in the following manner:
(1) A petition to contract or expand the boundaries of a district shall comply with the same requirements and processes as a petition to create a new district pursuant to Code Section 36-93-3. 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

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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 use 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 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 begin after 6:00 P.M. but no later than 7:00 P.M. at an accessible location in the jurisdiction of each appropriate local government. 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. Such notice shall not be placed in the area reserved for legal advertisements. 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 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. 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 service delivery provider; or (3) The district is dissolved as provided by subsection (e) of this Code section. (c) The district may merge with other districts upon a two-thirds' vote of the qualified electors in each district and filing a petition with the appropriate local government, subject to approval by such government, which shall contain the same information required for a petition for creation pursuant to subsection (d) of Code Section 36-93-3, as applicable. 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. (d) Upon the request of the board of the district, a service delivery provider may adopt a resolution or ordinance providing for and entering into a contract for the transfer of a specific district service or infrastructure from a district to the service delivery provider. (e)(1) Dissolution of the district may be allowed under the following circumstances:

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(A) Upon the transfer of all of the public facilities and service obligations of the district to a service delivery provider, the district may be dissolved in accordance 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; (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; or (D) by order of a court of competent jurisdiction. (2) Prior to any dissolution, debts and other obligations of the district must be fully paid or payment otherwise provided for.
36-93-23. (a) The district shall provide for the full disclosure of information relating to the public and private 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 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 sale of a parcel of real property, each contract for the 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. 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

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ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW. THIS DISCLOSURE AND THE CONTRACT FOR SALE IN WHICH IT APPEARS SHALL BE ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION.' (c) The limit on taxes and assessments for initial costs and additional projects shall be determined as provided for in subsection (i) of Code Section 36-93-14. Any person or entity who seeks to sell land within the district shall use the amount identified by the board pursuant to subsection (i) of Code Section 36-93-14 for purposes of making the required disclosures under this Code section. (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.
36-93-24. (a) A district that is composed of at least 1,500 acres may, within its petition for the creation of the district pursuant to Code Section 36-93-3, 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

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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 36-93-23, 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 36-93-23: '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. 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. THIS DISCLOSURE AND THE CONTRACT FOR SALE IN WHICH IT APPEARS SHALL BE ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION.
'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 COUNTY. 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 36-93-14. Any person or entity who seeks to sell land within the district shall use the amount identified by the board pursuant to subsection (i) of Code Section 36-93-14 for purposes of making the required disclosures under this Code section.
36-93-25. (a) A service delivery provider that is the designated provider of a service for the area in which a district is to be located pursuant to a service delivery strategy under Article 2 of Chapter 70 of this title shall receive a copy of the petition to create a district that is

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filed with the appropriate local government within five days of submission by the petitioner to the appropriate local government. The petitioner shall address and provide such copy to the mayor, sole commissioner, county commission chair, or director of the service delivery provider, as applicable, by statutory overnight delivery. The service delivery provider 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 unless such time is extended by agreement between the appropriate local government, the service delivery provider, and the petitioner, 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 service delivery provider exercises its right to serve the district, it shall enter into a contract with the district, such contract to include the requirement that the service delivery provider provide its service within the district in conformity with a mutually agreed upon timetable of service. A service delivery provider's requirement that the infrastructure meet the existing standards used within the service area shall not constitute a refusal to provide service to the district. Likewise, a service delivery provider's requirement that the district construct, or pay the costs of construction of, any infrastructure inside or outside of the district necessary to provide service to the district shall not constitute a refusal to provide such service. Such construction or costs of construction may include any infrastructure required to connect district infrastructure to the service delivery provider's existing infrastructure and the costs of any modification, improvement, or construction of infrastructure necessary to provide service to the district. The district shall only be required to construct or pay for construction of infrastructure project costs that are proportionately associated with the infrastructure necessary to serve the anticipated usage within the district. Finally, a service delivery provider's delay in providing service due to a lack of permit capacity or due to documented intended use of existing permit capacity shall not constitute a refusal to provide service to the district. (b) Water or sewer fees charged to customers located outside the geographic boundaries of a service delivery provider and within the boundaries of a district shall not be arbitrarily higher than the fees charged to customers receiving such service which are located within the geographic boundaries of the service delivery provider. (c) If a district board disputes the 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 independent engineer, the district board may challenge the 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.
36-93-26. (a) The Department of Community Affairs shall 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.

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(b) This Code section shall stand repealed on January 31, 2013."
SECTION 2. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by revising subsection (a) of Code Section 12-5-30, relating to permits for construction, modification, or operation of facilities which discharge pollutants into waters, 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 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 revising subsection (f) of Code Section 12-5-31, relating to permits for withdrawal, diversion, or impoundment of surface waters generally and for farm uses, 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."

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SECTION 4. Said chapter is further amended by revising subsection (b) of Code Section 12-5-96, relating to permits to withdraw, obtain, or use ground water, 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. In the event any section, subsection, sentence, clause, or phrase of this Act is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of this Act, which shall remain of full force and effect as if such portion so declared or adjudged invalid or unconstitutional were not originally a part of this Act. The General Assembly declares that it would have enacted the remaining parts of this Act if it had known that such portion hereof would be declared or adjudged invalid or unconstitutional.
SECTION 6. This Act shall become effective on January 1, 2009; provided, however, that this Act shall only become effective on January 1, 2009, upon the ratification of a resolution at the November, 2008, 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, 2009.
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 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

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provide for 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 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 2007.'
36-93-2. As used in this chapter, the term:
(1) 'Additional projects' means district projects beyond those identified in the petition for creation of the district. (2) 'Appropriate local government' means:
(A) Each county governing authority that has approved a resolution or ordinance authorizing it to create and regulate districts as provided under this chapter if the district or proposed district is located wholly in the unincorporated part of one or more counties; (B) Each municipal governing authority that has approved a resolution or ordinance authorizing it to create and regulate districts as provided under this chapter if the district or proposed district is located wholly within one or more municipalities; or (C) Each county governing authority and each municipal governing authority that has approved a resolution or ordinance authorizing it to create and regulate districts as provided under this chapter if the district or proposed district is located partially in the unincorporated area of one or more counties and partially within one or more municipalities. For the purposes of this chapter, the term 'appropriate local government' may be read as singular or plural.

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(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) 'Assessment' and 'assessments' means:
(A) District project assessments assessed pursuant to subsection (a) of Code Section 36-93-14; (B) Maintenance and operation special assessments assessed pursuant to subsection (b) of Code Section 36-93-14; or (C) Any assessment assessed pursuant to subsections (a) and (b) of Code Section 36-93-14. (5) '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. (6) '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. (7) '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; (N) Administrative expenses; (O) Such other expenses as may be necessary or incidental to the acquisition, construction, demolition, redevelopment, or reconstruction of any project or to the financing of any project, or to the development of any lands within a district; and

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(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. (8) '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. (9) 'District' means an infrastructure development district. (10) 'District roads' means highways, streets, roads, alleys, sidewalks, bridges, paths, trails, and thoroughfares of all kinds and descriptions within a district, including any landscaping and storm drains associated therewith. (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 financing of projects and the formation, powers, operation, duration, accountability, requirements for disclosure, and termination of which are as required by this chapter. An infrastructure development district shall not be considered a political subdivision. (13) 'Initial costs' means costs related to district projects 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) 'Local governing authority' means any county or municipal corporation of the State of Georgia. (16) 'Open space' means dedicated lands and waters, or interests therein, consistent with one or more of the following uses: (A) Protection of areas that serve as natural habitat for native plant and animal species; (B) Provision of recreation in the form of outdoor activities including, but not limited to, biking, boating, camping, fishing, golfing, hiking, hunting, jogging, running, or recreational fields; (C) Scenic protection; or (D) Water quality protection for rivers, streams, and lakes; (17) 'Petitioner member' means a member of the board named by the petitioner. (18) 'Petitioner' means an entity, person, or group of persons who intends to create a district. (19) 'Project' means any development, improvement, property, utility, facility, works, enterprise, or service existing on January 1, 2009, or thereafter undertaken or

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established under this chapter. A project shall not include an 'electric utility' or a 'gas company' as defined in Code Section 46-1-1. (20) 'Qualified electors' means landowners within the district who, at the time the district was created, were not shown as a landowner 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. (21) 'Revenues' means the proceeds of assessments, rates, fees, rentals, or other charges prescribed, fixed, established, and collected by the board for the projects furnished by the district. (22) 'Service delivery provider' means a local government or local government authority that provides services to a designated area pursuant to Article 2 of Chapter 70 of this title. (23) '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. (24) '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 one year. (25) 'Water management and control facilities' means any lakes, ponds, 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. (26) 'Water system' means a system for the provision of piped water for human consumption within a district. Such system shall have at least 15 service connections or regularly serve at least 25 individuals. Such term includes, but is not limited to, any collection, treatment, storage, and distribution facilities under the control of the operator of such system and used primarily in connection with such system and any

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collection or pretreatment storage facilities not under such control which are used primarily in connection with such 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. Such water system shall be subject to the provisions of Part 5 of Article 3 of Chapter 5 of Title 12, the 'Georgia Safe Water Drinking Act of 1977.'
36-93-3. (a) A local governing authority may exercise its powers granted by this chapter after holding a public hearing for the purpose of discussing the use of districts as a tool for financing services and infrastructure and approving a resolution or ordinance that authorizes the local government to create and regulate districts as provided under this chapter. Such local governing authority shall hold a minimum of two public hearings for discussion purposes; however, the vote to approve a resolution or ordinance authorizing the local governing authority to create and regulate districts shall be held no more than 90 days following the last public hearing held to discuss the use of districts as a financing tool. (b) Prior to requesting the creation of a district, the petitioner shall submit the proposed development plan to the appropriate local government for consideration. Such petitioner shall complete all required federal, state, or regional reviews including, but not limited to, development of regional impact reviews pursuant to paragraph (3) of subsection (b) of Code Section 50-8-7.1 and Code Section 50-32-14 with respect to such proposed development plan. The department and regional development center of jurisdiction shall consider the comments of any contiguous regional development center in formulating its findings in the development of regional impact review.
(c)(1) A petitioner seeking to create a district to finance such development shall file a petition requesting creation of a district with the appropriate local government. The development of regional impact review, along with any other required federal, state, or regional review, shall be completed prior to the appropriate local government's taking final action on the approval of a district. (2) A petitioner shall submit to the local governing authority an application fee to be established by the appropriate local government not to exceed $5,000.00 per 1,000 acres, not to exceed $15,000.00 regardless of acreage, to defray administrative costs associated with the petition, including, but not limited to, legal fees and any other professional fees incurred by the local governing authority. (3) In the event that a development of regional impact review is required pursuant to state law, rule, or regulation and the findings of the development of regional impact review are that the development is in the best interest of the state but that certain modifications in the development plan should be made, the petitioner and the appropriate local government shall submit to all rules and regulations pertaining to the mediation of conflicts for developments of regional impact as set forth by the

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Department of Community Affairs prior to the appropriate local government's taking final action on the approval of the district. (4) In the event the findings of the development of regional impact review are that the development is not in the best interest of the state, the petitioner and the appropriate local government shall submit to all rules and regulations pertaining to the mediation of conflicts for developments of regional impact as set forth by the Department of Community Affairs prior to the appropriate local government's taking final action on the approval of the district. Additionally, the appropriate local government may in its discretion condition its approval of such a district upon the approval by a majority of voters residing in the geographic boundaries of such local government in an election through the adoption of an appropriate resolution. Upon receipt of such resolution by the election superintendent, such election shall be called by the election superintendent of the local governing authority and conducted on a date and in the manner authorized by Code Section 21-2-540. The question on the ballot shall be as prescribed in the resolution adopted by the governing authority of the local government. (d) The petition shall: (1) 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; (2) 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; (3) Specifically identify the projects to be undertaken according to the petitioner's master plan for the district, the necessity for the projects, the cost of the projects, and the anticipated need for tax-exempt bonds as then reasonably estimated by the petitioner. These estimates shall be submitted in good faith but shall not be binding and may be subject to change; (4) 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 state or of any county or municipality in the state; (5) 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; (6) Based upon reasonably available data, identify water and sewer facilities located within the district, if any; (7) Based upon available data, include the proposed timetable for construction of the district projects and the estimated cost of constructing the proposed projects. These estimates shall be submitted in good faith but shall not be binding and may be subject to change;

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(8) 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 appropriate local government's comprehensive land use plan, if one has been adopted pursuant to Article 1 of Chapter 70 of this title; and (9) Include a preliminary master plan.
36-93-4. (a) The petitioner shall submit a copy of the petition to the governing authority of any 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 appropriate local government no sooner than 60 days nor later than 120 days following the submission of a petition unless reasonably delayed for reasons related to the appropriate local government's completing all necessary federal, state, or regional reviews including, but not limited to, development of regional impact reviews pursuant to paragraph (3) of subsection (b) of Code Section 50-8-7.1 and Code Section 50-32-14 or due to circumstances beyond the control of the appropriate local government. 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 begin after 6:00 P.M. but no later than 7:00 P.M. at an accessible location in the jurisdiction of each appropriate local government. 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. Such notice shall not be placed in the area reserved for legal advertisements. 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 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 shall consider the entire record of the applicable 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 and sufficiently contiguous to be developed as one functional interrelated community; (3) Whether creation of the district is a reasonable alternative for providing infrastructure and facilities to the area that will be served by the district; (4) Whether the infrastructure and facilities of the district will be compatible with the capacity and uses of existing local and regional services and facilities, provided that, as a condition for approval of creation, the district shall submit a proposed

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postdevelopment storm-water management system plan and shall plan for sewer service to be made available to all buildings within the district; (5) Whether the proposed district projects are consistent or inconsistent with any applicable element or portion of the appropriate local government's comprehensive plan adopted pursuant to Article 1 of Chapter 70 of this title or an existing service delivery agreement pursuant to Article 2 of Chapter 70 of this title; (6) Whether the creation of 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 appropriate local government which has jurisdiction over the land to be included in the district shall not adopt any resolution, ordinance, or contract which would expand any powers granted to the district by this chapter. (e) The petitioner shall provide a copy of the petition to create the district, any resolution or ordinance establishing a district, and the district's disclosures pursuant to subsection (b) of Code Section 36-93-23 to the Department of Community Affairs. (f) A resolution or ordinance establishing a district shall: (1) Describe the external boundaries of the district; (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. (g)(1) 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; and the creation of a district shall not override any agreement entered into between local governing authorities pursuant to Article 2 of Chapter 70 of this title or any other provision of law. (2) The powers granted to a district pursuant to paragraphs (11) and (12) of Code Section 36-93-8 may be exercised by the board upon execution of an agreement between the board and the appropriate local government. Such agreements shall include reasonable terms including, but not limited to, describing the services and facilities to be provided within the district and the source of funding for such services and facilities. If such agreements are amended the amendments must be agreed to by mutual consent of the board and the local government unit or units.
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 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. The provisions of Code

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Section 45-10-3 shall apply to all members of the board who are elected pursuant to this Code section and their successors. As provided in this Code section, the board members' successors shall also be required to be residents of the district. (b) Unless the membership of the board is expanded as provided in this Code section, the initial board named under the resolution or ordinance establishing the district pursuant to Code Section 36-93-4 shall be composed of five members named by the petitioner and one member who shall be appointed by each appropriate local government that issues a resolution or ordinance creating the district at such local government's discretion. In the event a district is created by a resolution or ordinance by more than one local government, each appropriate local government shall appoint one member to the board and the petitioner may appoint one additional petitioner member per additional government member. An appropriate local government and such government's appointee shall have immunity from actions for money damages with respect to any act or omission by the district board and with respect to any act or omission by such government's appointee as a member of the district board or as an employee, appointee, or official of the appropriate local government. An initial board member shall serve until the board, in the case of petitioner members, or the appropriate local government, in the case of government members, replaces the member or the member is replaced by an election by the qualified electors pursuant to subsection (c) of this Code section.
(c)(1) Petitioner members of the board shall stand for election by qualified electors pursuant to the following schedule and such elected petitioner members of the board shall be qualified electors:
(A) The first petitioner member shall stand for election within six months of the sale to the general public of land representing 30 percent of the geographic area within the boundaries of the district; (B) The second 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; (C) The third petitioner member shall stand for election within six months of the sale to the general public of land representing 70 percent of the geographic area within the boundaries of the district; and (D) All remaining petitioner members shall stand for election within six months of the sale to the general public of land representing 75 percent of the geographic area within the boundaries of the district or within six years after the effective date of the resolution or ordinance establishing the district, whichever is sooner. (2) The board shall organize district elections which shall be held at a meeting of the qualified 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; provided, however, that such notice shall not be published in the area reserved for legal advertisements. The chairperson of the board shall conduct the meeting. If the

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chairperson is a qualified elector or proxy holder for a qualified elector, he or she may nominate candidates and make and second motions. (3) Only qualified electors shall vote in any district election. Each qualified elector shall be entitled to vote commensurate with his or her ownership interest in the development. At a district election, each qualified elector shall be entitled to cast one vote per acre of land owned by him or her, located within the district, for each member to be elected; provided, however, that a qualified elector may not cast a vote representing any land currently used or identified for future use of district facilities, infrastructure, or other district specific purposes including common areas. No qualified elector may cast votes representing more than 15 percent of the available votes. A qualified 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 qualified elector to one vote with respect thereto. In the event that an acre or a fraction of an acre is jointly owned, only one such owner shall be entitled to vote as a qualified elector. 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 and nominations for available seats 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. (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 among the petitioner members, 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.

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(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 and any other documents shall be open to inspection and governed by the provisions of Article 4 of Chapter 18 of Title 50. The record book shall be kept at a district office. (h) All meetings of the board shall be open to the public and governed by the provisions of Chapter 14 of Title 50. 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 begin no earlier than 6:00 P.M. nor later than 7:00 P.M. and 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 make available to any person 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.
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 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. The district shall file its audits annually with the Department of Audits and Accounts. (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.

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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 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 proposed budget by resolution that shall provide for a hearing on the proposed budget as approved. Such hearing shall begin no earlier than 6:00 P.M. nor later than 7:00 P.M. and shall be limited only to consideration of the proposed budget. Notice of the hearing on the proposed 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 and shall not be placed in the section reserved for legal advertisements. The board shall make copies of the proposed budget available during business hours at the district office for no less than two weeks prior to the hearing. At the time and place designated in the notice, the board shall hear all comments on and 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 more than three months and no less than one month before the 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. Upon approval of the final budget, the board shall submit a certified copy of such budget to the appropriate local government. (d) The district shall provide for the full disclosure of information relating to the public and private financing and maintenance of improvements to real property undertaken by the district. Such 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 residential development within the district with sufficient copies of that information to provide each prospective initial purchaser of property in that development with a copy, and any developer of a residential development within the district, when required by law to provide a public offering statement, shall include a copy of such information relating to the public financing and maintenance of improvements in the public offering statement.

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(e) The Department of Community Affairs shall keep a current list of districts and their disclosures pursuant to this chapter and shall make such studies, reports, and other documents available for inspection.
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 otherwise, and to dispose of real and personal property or any estate therein; provided, however, that, in accordance with 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) With the exception of contracts with the federal government, the state, a state or local authority, a board of education, or a political subdivision of the state, any district 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 for initial infrastructure outlay as defined in the approved master plan petition. 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. Debt of the district may be backed by the full faith and credit of the district but shall not be an obligation of this state, the local government or governments that approved the district, or any local government or other unit of government of this state;

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(4) To adopt resolutions and orders prescribing the powers, duties, functions, and ethical requirements 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. 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)(A) To raise, by user charges or fees authorized by resolution of the board, amounts of money which are necessary and reasonable for the conduct of district activities as enumerated in the initial master plan petition and upkeep of district facilities and to enforce their receipt and collection in the manner prescribed by resolution not inconsistent with law. (B) 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 as approved in the initial master plan petition 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. (C) 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 revised by the board. (D) 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. (E) The rates, fees, rentals, or other charges prescribed shall be such as will produce revenues, together with any other assessments, revenues, or funds available or pledged for such purpose, at least sufficient to provide for following:

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(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 (iii) Any other funds which may be required under the resolution or resolutions authorizing the issuance of bonds pursuant to this chapter. (F) 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 impose upon lands in the district 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, provided that such systems, facilities, and basic infrastructures shall be built according to the then-current specifications applicable to or within the jurisdiction or the service area of the service delivery provider in which such systems, facilities, and basic infrastructures are to be located and the district shall be subject to Chapter 9 of Title 25 and other provisions of state or federal law that are generally applicable to government entities providing the same infrastructure, facility, or service as the district, and provided, further, that exercising such powers shall constitute an essential governmental function for a public purpose: (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, sewerage, 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; to connect such mains, conduits, and pipelines with existing infrastructure upon entering into an agreement to do so with the owner of such existing infrastructure; and to dispose of any effluent, residue, or other byproducts of such system or sewer system. Such sewerage or sewerage system shall have the same rights, duties, and obligations as publicly owned treatment works that discharge treated waste water; (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, sidewalks, bicycle paths, and pedestrian facilities; (ii) Street lights; and

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(iii) Buses, trolleys, trams, 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; (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 for an increased level of such services within the district boundaries; (H) Indoor and outdoor recreational, cultural, and educational uses; (I) Natural gas distribution facilities to be connected with and used by an existing municipal natural gas system to provide natural gas to the district; and (J) Any other project within or outside the boundaries of a district consistent with the local government's comprehensive plan; (12) To finance, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, and maintain additional facilities for the following, provided that such systems, facilities, and basic infrastructures shall be built according to the then-current specifications applicable to or within the jurisdiction or the service area of the service delivery provider in which such systems, facilities, and basic infrastructures are to be located, and provided, further, that exercising such powers shall constitute an essential governmental function for a public purpose: (A) Fire prevention and control including fire stations, water mains and plugs, fire trucks, and other vehicles and equipment when authorized by the service delivery provider and pursuant to a written agreement with such service delivery provider; (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 when authorized by the service delivery provider and pursuant to a written agreement with such service delivery provider; (13) To adopt and enforce appropriate resolutions in connection with the provision of one or more services through its projects; (14)(A) To apply certain limited deed restrictions pertaining to the use and operation of real property within the district. The district may apply 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 application by the district is appropriate, as determined by the

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district's board in concert with the initial master plan petition; provided, however, that such deed restrictions shall not have retroactive application; 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; (15) To demolish buildings or other facilities located in areas of a district that are within the limits of a municipality and to redevelop areas located in a district that is authorized within the limits of a municipality; and (16) 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 this chapter or 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 home rule and police powers including, but not limited to, code enforcement, regulatory authority, zoning powers, and land use control powers under the laws of this state; and provided, further, with the exception of districts performing redevelopment activities

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inside municipalities, that the district shall dedicate a minimum of 20 percent of its area to permanent open space.
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, and assessments as the board may determine; provided, however, that the board shall disclose the interest rate or rates payable on such loans and shall notify each property owner of his or her share of such costs as will be repaid on such loan or loans.
36-93-12. (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 36-93-14 on their property. (b) All bonds, notes, and other obligations of the district shall be authorized by resolution of its board, such resolution to include a finding that revenues from the project will be sufficient to repay the bonds, notes, or other obligations. 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. In the event that a district seeks to finance the construction of additional projects using tax-exempt bonds, the board

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shall submit a new petition to the appropriate local government that specifically identifies the projects to be undertaken, the necessity for the projects, the costs of the projects, and the anticipated need for tax-exempt bonds as then reasonably estimated by the petitioner, provided that such estimates shall be submitted in good faith but shall not be binding and may be subject to change. Obligations from such debt for each landowner within the district shall be limited to the amount identified in the calculation provided in subsection (i) of Code Section 36-93-14. (c) Bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times not more than 30 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 is authorized to provide by resolution for the issuance of bonds of the board for the purpose of funding or refunding any bonds issued under the provisions of this chapter and then outstanding, together with accrued interest thereon and premium, if any. 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 board in respect to the same shall be governed by the provisions of this chapter insofar as the same may be applicable. (e) The local governing authority may require performance bonds related to infrastructure construction. (f) 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. (g) 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. (h) 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 execution, stating the date on which such bonds were validated; and such entry shall be original evidence in any court of this state. (i) 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 shall state that the bonds when issued will bear

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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 Code 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. (j) 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 (7) and (17) of Code Section 36-93-2. (k) 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. (l) All bonds issued under this chapter shall be validated pursuant to the procedures set forth in this title.
36-93-13. 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 inside 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, 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 rights and remedies of bondholders shall be subject to the limitation specified in subsection (a) of Code Section 36-93-12. The board may

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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.
36-93-14. (a) The board shall have the power to impose and collect a district project assessment on all other taxable real property in the district to construct and maintain projects approved by the appropriate local government and to pay the costs thereof; 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. Such district project assessment shall be capped at the amount determined by the board pursuant to subsection (i) of this Code section. The district project assessment shall be in addition to all other assessments provided for by law. (b) The board may impose and collect a maintenance and operation special assessment to maintain, operate, or preserve the facilities and projects of the district and to pay the costs thereof; to pay the principal of, and interest on, any obligations of the district; and to provide for any sinking or other funds established in connection with any such obligations. Maintenance and operation special assessments shall be a lien on the property against which imposed until paid and shall be enforceable in like manner as taxes in the appropriate local government. The amount of the maintenance and operation special assessments shall be determined and assessed uniformly by the board upon all otherwise taxable real property within the district and shall be apportioned among the benefited lands in proportion to the benefits received by each tract of land. (c) Any maintenance and operation special assessment imposed pursuant to this Code section shall be capped and disclosed to purchasers by the board. Except for specially designated property as provided for in Code Section 36-93-24, the assessments imposed 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 not for the purpose of providing infrastructure that would primarily benefit the county or municipality as a whole. Any assessment so imposed shall be collected by the appropriate local government in which the property is located using the methods and procedures as designated by the tax authority of the appropriate local government. Delinquent assessments shall bear the same interest and penalties as ad valorem taxes of the appropriate local government in which the property is located and may be enforced and collected in the same manner. The appropriate local government in which the property is located may retain a fee to reimburse the actual increased costs of preparing and mailing notices to collect such assessments for the board. The remaining proceeds shall be transmitted by the appropriate local government to the board and shall be expended by the board only for the purposes authorized in this chapter.

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(d) The board shall impose the assessments provided for in this Code section between January 1 and August 1 of each calendar year and shall notify in writing the appropriate tax authority of the appropriate local government in which the property is located by a date to be determined by the appropriate local government and the appropriate local government shall include the assessment on its regular ad valorem tax bills. In the event assessments are imposed at an amount based on property valuation, the board shall use the assessed values of property contained in the tax digest approved by the county to determine the amount applicable to each property assessment. The district shall base the district project assessments owed by each parcel of land as calculated using the formula provided in subsection (i) of this Code section. (e) If a parcel of real property is removed from the district or assessment becomes otherwise inapplicable to such parcel of real property, it shall continue to bear its assessment burden 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 subject to fees or assessments imposed by the board for any public facility that is also subject to impact fees levied by the appropriate local government shall receive a credit equal to the present value of all fees and assessments toward any impact fee as may be levied by the appropriate local government 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 and operation special assessments, district assessments may be made payable in no more than 30 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 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. The board shall calculate the amount of initial costs and any costs for additional projects, if applicable, for which each parcel is to be responsible which costs shall be apportioned to each parcel at a pro rata share based on acreage and make that amount available to the public. Sellers of land within the district shall refer to this calculation for purposes of the disclosures required in this chapter. (j) In the case of a county which is by law or constitutional amendment subject to a maximum allowable mill rate for taxes levied by such county, and only in the case of such a county, assessments imposed under this chapter by a district created by such county shall be considered assessments imposed by such county for purposes of the maximum allowable mill rate. No district created by such a county may impose any assessments under this chapter unless the county governing authority has certified in writing to the district that the district assessments will not result in a violation of the maximum allowable mill rate applicable to the county.

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36-93-15. All assessments, rates, fees, rentals, and charges 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 of equal dignity with municipal taxes upon all the lands against which such assessments have been imposed. 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 assessments or installments of district assessments, which lien may be enforced against such property as though no such sale thereof had been made. Nothing in this chapter shall affect the rights of lien holders for municipal taxes.
36-93-16. (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 tax commissioner, tax collector, or other public official holding such sale the amount of assessments 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.
36-93-17. 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 sewerage 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.

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36-93-18. In the event that any assessments, 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.
36-93-19. 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 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.
36-93-20. 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, any appropriate local government, 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.
36-93-21. Property, real or personal, that belongs to or is owned by the district, or in which the district has an ownership interest and is funded by a tax-exempt bond issued by the district, 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

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for the enforcement of any lien or pledge given by the district in connection with any of the bonds or obligations of the district. In the event that taxes on such property become delinquent or government liens are placed on such property, the federal government, the state government, or any political subdivision of the state with an interest in such taxes or liens may pursue a civil action against the district to recover such moneys. Any such government shall be entitled to recover costs and attorney's fees accrued in the pursuit of such action.
36-93-22. (a) The board may petition to contract or expand the boundaries of a district in the following manner:
(1) A petition to contract or expand the boundaries of a district shall comply with the same requirements and processes as a petition to create a new district pursuant to Code Section 36-93-3. 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 use 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 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 begin after 6:00 P.M. but no later than 7:00 P.M. at an accessible location in the jurisdiction of each appropriate local government. 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. Such notice shall not be placed in the area reserved for legal advertisements. 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 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. 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:

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(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 service delivery provider; or (3) The district is dissolved as provided by subsection (e) of this Code section. (c) The district may merge with other districts upon a two-thirds' vote of the qualified electors in each district and filing a petition with the appropriate local government, subject to approval by such government, which shall contain the same information required for a petition for creation pursuant to subsection (d) of Code Section 36-93-3, as applicable. 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. (d) Upon the request of the board of the district, a service delivery provider may adopt a resolution or ordinance providing for and entering into a contract for the transfer of a specific district service or infrastructure from a district to the service delivery provider. (e)(1) Dissolution of the district may be allowed under the following circumstances:
(A) Upon the transfer of all of the public facilities and service obligations of the district to a service delivery provider, the district may be dissolved in accordance 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; (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; or (D) by order of a court of competent jurisdiction. (2) Prior to any dissolution, debts and other obligations of the district must be fully paid or payment otherwise provided for.
36-93-23. (a) The district shall provide for the full disclosure of information relating to the public and private financing and maintenance of improvements to real property including, but not limited to, the costs of all improvements, facilities, infrastructure, and development 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 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

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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 sale of a parcel of real property, each contract for the 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 ASSESSMENTS ON THIS PROPERTY FOR THE COSTS OF ALL IMPROVEMENTS, FACILITIES, INFRASTRUCTURE, AND DEVELOPMENTS. CERTAIN OF THESE ASSESSMENTS PAY THE INITIAL COSTS OF THE DISTRICT AND THE COSTS OF ADDITIONAL PROJECTS. THESE ASSESSMENTS FOR INITIAL COSTS AND ADDITIONAL PROJECTS SHALL NOT EXCEED $________ PER YEAR. ADDITIONAL ASSESSMENTS MAY PAY THE OPERATION AND MAINTENANCE OF DISTRICT PROJECTS, AND SUCH COSTS ARE CAPPED BY LAW. DISTRICT ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW. THIS DISCLOSURE AND THE CONTRACT FOR SALE IN WHICH IT APPEARS SHALL BE ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION.' (c) The limit on assessments for initial costs and additional projects shall be determined as provided for in subsection (i) of Code Section 36-93-14. Any person or entity who seeks to sell land within the district shall use the amount identified by the board pursuant to subsection (i) of Code Section 36-93-14 for purposes of making the required disclosures under this Code section. (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.
36-93-24. (a) A district that is composed of at least 1,500 acres may, within its petition for the creation of the district pursuant to Code Section 36-93-3, define areas or designate certain property of the district for special maintenance and operation assessments 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

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or designated property in the district that make it necessary or equitable to impose all or part of the assessment 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 assessed by metes and bounds or designates the property to be served, affected, and assessed. (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 assessment to apply to the defined area or designated property that may or may not be in addition to other assessments 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 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 36-93-23, 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 36-93-23: '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 ASSESSMENTS ON THIS PROPERTY FOR THE COSTS OF ALL IMPROVEMENTS, FACILITIES, AND INFRASTRUCTURE. CERTAIN OF THESE ASSESSMENTS PAY THE INITIAL COSTS OF THE DISTRICT AND THE COSTS OF ADDITIONAL PROJECTS. THESE ASSESSMENTS FOR INITIAL COSTS AND ADDITIONAL PROJECTS SHALL NOT EXCEED $________ PER YEAR. ADDITIONAL ASSESSMENTS PAY THE OPERATION AND MAINTENANCE COSTS OF DISTRICT PROJECTS, AND SUCH COSTS ARE CAPPED BY LAW. DISTRICT ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW. THIS DISCLOSURE AND THE CONTRACT FOR SALE IN WHICH IT APPEARS SHALL BE ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION.

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'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 ASSESSMENTS THAN OTHER LAND WITHIN THE COUNTY. THE RATE YOU ARE ASSESSED WILL BE HIGHER BY $_____ ON EACH $1,000.00 OF ASSESSED VALUATION THAN LAND NOT WITHIN THE DESIGNATED AREA.' (h) The limit on assessments for initial costs and costs for additional projects shall be determined as provided for in subsection (i) of Code Section 36-93-14. Any person or entity who seeks to sell land within the district shall use the amount identified by the board pursuant to subsection (i) of Code Section 36-93-14 for purposes of making the required disclosures under this Code section.
36-93-25. (a) A service delivery provider that is the designated provider of a service for the area in which a district is to be located pursuant to a service delivery strategy under Article 2 of Chapter 70 of this title shall receive a copy of the petition to create a district that is filed with the appropriate local government within five days of submission by the petitioner to the appropriate local government. The petitioner shall address and provide such copy to the mayor, sole commissioner, county commission chair, or director of the service delivery provider, as applicable, by statutory overnight delivery. The service delivery provider 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 unless such time is extended by agreement between the appropriate local government, the service delivery provider, and the petitioner, 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 service delivery provider exercises its right to serve the district, it shall enter into a contract with the district, such contract to include the requirement that the service delivery provider provide its service within the district in conformity with a mutually agreed upon timetable of service. A service delivery provider's requirement that the infrastructure meet the existing standards used within the service area shall not constitute a refusal to provide service to the district. Likewise, a service delivery provider's requirement that the district construct, or pay the costs of construction of, any infrastructure inside or outside of the district necessary to provide service to the district shall not constitute a refusal to provide such service. Such construction or costs of construction may include any infrastructure required to connect district infrastructure to the service delivery provider's existing infrastructure and the costs of any modification, improvement, or construction of infrastructure necessary to provide service to the district. The district shall only be required to construct or pay for construction of infrastructure project costs that are proportionately associated with the infrastructure necessary to serve the anticipated usage within the district. Finally, a service delivery provider's delay in providing service due to a lack of

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permit capacity or due to documented intended use of existing permit capacity shall not constitute a refusal to provide service to the district. (b) Water or sewer fees charged to customers located outside the geographic boundaries of a service delivery provider and within the boundaries of a district shall not be arbitrarily higher than the fees charged to customers receiving such service which are located within the geographic boundaries of the service delivery provider. (c) If a district board disputes the 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 independent engineer, the district board may challenge the 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.
36-93-26. (a) The Department of Community Affairs shall 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, 2013."
SECTION 2. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by revising subsection (a) of Code Section 12-5-30, relating to permits for construction, modification, or operation of facilities which discharge pollutants into waters, 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 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

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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 revising subsection (f) of Code Section 12-5-31, relating to permits for withdrawal, diversion, or impoundment of surface waters generally and for farm uses, 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 revising subsection (b) of Code Section 12-5-96, relating to permits to withdraw, obtain, or use ground water, 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, 2009; provided, however, that this Act shall only become effective on January 1, 2009, upon the ratification of a resolution at the November, 2008, 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, 2009.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute.

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On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

N Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard N Bearden
Beasley-Teague N Benfield N Benton Y Black Y Bridges N Brooks
Bruce N Bryant N Buckner Y Burkhalter Y Burns N Butler N Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole E Coleman Y Collins Y Cooper Y Cox
Crawford, M N Crawford, R Y Davis, H N Davis, S Y Day

Y Dempsey Y Dickson Y Dollar N Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster E Franklin
Frazier Y Freeman Y Gardner Y Geisinger Y Glanton N Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin N Hatfield Y Heard, J Y Heard, K N Heckstall Y Hembree N Henson N Hill, C Y Hill, C.A N Holmes

Y Holt N Horne Y Houston Y Howard Y Hudson Y Hugley N Jackson N Jacobs Y James N Jamieson Y Jenkins N Jerguson Y Johnson, C E Johnson, T Y Jones, J N Jones, S Y Jordan N Kaiser Y Keen Y Keown Y Knight N Knox
Lakly Y Lane, B Y Lane, R N Levitas Y Lewis N Lindsey N Lord Y Loudermilk Y Lucas Y Lunsford
Maddox N Mangham E Manning Y Marin

Y Martin E Maxwell Y May Y McCall N McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby N Mumford Y Murphy Y Neal Y Nix N Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett
Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts N Rogers
Royal Y Rynders Y Sailor Y Scott, A

Y Scott, M N Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F N Sinkfield Y Smith, B N Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner N Starr Y Stephens Y Stephenson Y Talton Y Teilhet
Thomas, A.M N Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson N Willard Y Williams, A
Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 121, nays 40.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

SB 236. By Senators Rogers of the 21st, Hudgens of the 47th, Thompson of the 33rd, Goggans of the 7th, Hawkins of the 49th and others:

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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 definitions; to provide for notification by certain state agencies upon a breach of security regarding personal information; to amend Article 8 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to the offense of identity fraud, so as to change certain provisions relating to the elements of the offense of identity fraud; to provide for a victim's right to file a report with a law enforcement agency; to provide a short title; to provide for related matters; to provide 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 substituting SB 236.
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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 825 Do Pass
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 and Senate were taken up for consideration and read the third time:
SB 102. By Senators Balfour of the 9th, Unterman of the 45th, Rogers of the 21st, Williams of the 19th and Henson of the 41st:
A BILL to be entitled an Act to amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to licensure and regulation of chiropractors, so as to define and redefine certain terms; to change provisions relative to the scope of practice of chiropractors; to change the criminal penalties for unlicensed practice of chiropractic; to provide for related

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matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to licensure and regulation of chiropractors, so as to define and redefine certain terms; to change provisions relative to the scope of practice of chiropractors; to change the criminal penalties for unlicensed practice of chiropractic; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to licensure and regulation of chiropractors, is amended by revising Code Section 43-9-1, relating to definitions, Code Section 43-9-16, relating to scope of practice, and 43-9-19, relating to the crime of unlicensed practice as follows:
"43-9-1. As used in this chapter, the term:
(1) 'Board' means the Georgia Board of Chiropractic Examiners. (2) 'Chiropractic' means the adjustment of the articulation articulations of the human body, including ilium, sacrum, and coccyx, and the use of electric X-ray photography, provided that the X-ray shall not be used for therapeutical purposes. The term 'chiropractic' shall also mean that separate and distinct branch of the healing arts whose science and art utilize the inherent recuperative powers of the body and the relationship between the musculoskeletal structures and functions of the body, particularly of the spinal column and the nervous system, in the restoration and maintenance of health. Chiropractic is a learned profession which teaches that the relationship between structure and function in the human body is a significant health factor and that such relationships between the spinal column and the nervous system are most significant, since the normal transmission and expression of nerve energy are essential to the restoration and maintenance of health. However, the term 'chiropractic' shall not include the use of drugs or surgery. The adjustment referred to in this paragraph and subsection (b) of Code Section 43-9-16 may only be administered by a doctor of chiropractic authorized to do so by the provisions of this chapter; provided, however, that the provisions of this Code section shall not prevent any other health care provider from administering techniques authorized within their scope of practice. (3) 'Practice of chiropractic' shall also include peer review which is defined as the procedure by which chiropractors licensed in the state of Georgia evaluate the quality and efficiency of services ordered or performed by other chiropractors, including but

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not limited to practice analysis, audit, claims review, underwriting assistance, utilization review, and compliance with applicable laws, rules, and regulations. (4) 'Subluxation' means a complex of functional or pathological articular changes that compromise neural integrity and general health. A subluxation is evaluated, diagnosed, and managed through the use of chiropractic procedures based on the best available rational and empirical evidence."
"43-9-16. (a) Chiropractors who have complied with this chapter shall have the right to practice chiropractic as defined in paragraph (2) of Code Section 43-9-1 and to evaluate, diagnose, and adjust patients according to specific chiropractic methods in order to correct spinal subluxations or to adjust the articulations of the human body. Chiropractors shall observe all applicable public health regulations. (b) The chiropractic adjustment of the spine or articulations of the human body may include manual adjustments and adjustments by means of electrical and mechanical devices which produce traction or vibration. Chiropractors who have complied with this chapter may also use in conjunction with adjustments of the spinal structures electrical therapeutic modalities. which induce heat or electrical current beneath the skin, including therapeutic Modalities include any physical agent applied to produce therapeutic change to biologic tissues including thermal, acoustic, noninvasive light, mechanical, or electric energy, hot or cold packs, ultrasound, galvanism, microwave, diathermy, and electromuscular electrical stimulation. Chiropractors who have complied with this chapter may utilize and recommend hot and cold packs and nonprescription, over-the-counter structural supports for the therapeutic procedures effecting change through the application of clinical skills and services that attempt to improve function, including therapeutic exercise, therapeutic activities, manual therapy techniques, massage, and structural supports as they relate to the articulations of the human body which are commonly available through retail pharmacy outlets; provided, however, the same shall not be construed to allow chiropractors to treat patients outside the scope of practice of chiropractic as set forth in this chapter. (c) Chiropractors who have complied with this chapter may utilize those electric therapeutic modalities and procedures described in subsection (b) of this Code section, provided the chiropractor shall have completed a course of study containing a minimum of 120 hours of instruction in the proper utilization of those procedures in accordance with the guidelines set forth by the Council on Chiropractic Education or its successor and is qualified and so certified in that proper utilization. (d) Chiropractors who have complied with this chapter shall have the right to sign health certificates, reporting to the proper health officers the same as other practitioners. (e) Chiropractors shall not prescribe or administer medicine to patients, perform surgery, or practice obstetrics or osteopathy. (f) Chiropractors shall not use venipuncture, capillary puncture, acupuncture, or any other technique which is invasive of the human body either by penetrating the skin or through any of the orifices of the body or through the use of colonics. Nothing in this

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subsection shall be construed to prohibit a chiropractor who is licensed to perform acupuncture under Article 3 of Chapter 34 of this title from engaging in the practice of acupuncture. (g) A person professing to practice chiropractic for compensation must bring to the exercise of that person's profession a reasonable degree of care and skill. Any injury resulting from a want of such care and skill shall be a tort for which a recovery may be had. If a chiropractor performs upon a patient any act authorized to be so performed under this chapter but which act also constitutes a standard procedure of the practice of medicine, including but not limited to the use of modalities such as those described in subsection (b) of this Code section and X-rays, under similar circumstances the chiropractor shall be held to the same standard of care as would licensed doctors of medicine who are qualified to and who actually perform those acts under similar conditions and like circumstances. (h) A licensed practitioner of chiropractic may use only the title 'chiropractor,' or 'doctor of chiropractic,' or 'D.C.' (i) Chiropractors who have complied with this chapter may recommend the use of vitamins, minerals, or food nutritional and dietary supplements. Any such recommendation of vitamins, minerals, or food nutritional and dietary supplements shall not be construed to allow chiropractors to treat patients outside the scope of the practice of chiropractic as set forth in this chapter nor shall this subsection be construed to allow chiropractors to sell at a profit any such vitamins, minerals, or food nutritional and dietary supplements without providing their generic name. Nothing in this subsection shall preclude compliance with Chapter 8 of Title 48, relating to the collection of sales and use taxes."
"43-9-19. It shall be unlawful for any person to practice chiropractic unless that person shall have first obtained a license as provided in this chapter and possesses all the qualifications prescribed by the terms of this chapter. Any person who practices or attempts to practice chiropractic without a license, or who buys or fraudulently obtains a license to practice chiropractic, or who violates any of the terms of this chapter, or who uses the title 'doctor of chiropractic,' 'chiropractor,' 'chiropractic,' 'D.C.,' or any word or title to induce the belief that such a person is engaged in the practice of chiropractic, without first complying with this chapter, 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 $1,000.00 $5,000.00, or by imprisonment for not less than two nor more than five years, or both, at the discretion of the court. All subsequent offenses shall be separate and distinct offenses, and punishable in like manner."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Amerson
Ashe Y Barnard Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black
Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B
Casas Y Chambers Y Channell N Cheokas Y Coan Y Cole E Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 E Franklin Y Frazier Y Freeman N Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

Y Holt Y Horne
Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford
Maddox Mangham E Manning Y Marin

Y Martin E Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix
Oliver O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T N Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton
Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson
Willard Y Williams, A
Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 156, nays 3.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

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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.
HR 425. By Representatives Drenner of the 86th and Benfield of the 85th:
A RESOLUTION creating the House Study Committee on Tanning Salon Consumer Protection; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
HR 609. By Representatives Lunsford of the 110th, Lewis of the 15th, Martin of the 47th, Cox of the 102nd, Smith of the 113th and others:
A RESOLUTION creating the House Study Committee on Prepaid Telecommunications Homeland Security Interests; and for other purposes.
The following substitute, offered by the Committee on Rules, was read:
A RESOLUTION
Creating the House Study Committee on Prepaid Telecommunications Homeland Security Interests; and for other purposes.
WHEREAS, prepaid cellular users are reportedly expected to reach over 1.35 billion users by 2009 with 59 percent of the total global wireless market; and
WHEREAS, there are unique concerns to prepaid cellular service including issues of user anonymity inherent in the current prepaid service model which pose a threat to the security of the citizens of Georgia; and
WHEREAS, the use of prepaid cell phones has been linked to terrorist activities, gang activity, and drug dealing; and
WHEREAS, prepaid cell phones are notoriously hard to trace and provide a steady supply of "clean" phone numbers making it difficult for law enforcement to pinpoint and keep track of those engaging in drug trafficking and other illegal activities; and
WHEREAS, it has become public that some Al Qaeda militants used prepaid phones to communicate with one another and that such phones were used in the 9/11 attack; and

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WHEREAS, governments in other countries have taken action on this issue such as the Swiss Bundesrat which requires that the personal details of all buyers be obtained and stored, the government of Thailand which has made it mandatory for new prepaid phone users to produce national identification cards when buying prepaid SIM cards, and the government of Taiwan which allows each person only one SIM card; and
WHEREAS, there is no difference in how a prepaid cell phone and a regular phone operate and, therefore, it is unclear why they should be sold differently or why such sales should be taxed differently.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on Prepaid Telecommunications Homeland Security Interests to be composed of five members of the House of Representatives to be appointed by the Speaker of the House. The Speaker of the House shall designate a member of the committee as chairperson of the committee. The chairperson shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, and issues 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 the convening of the 2008 session of the General Assembly, at which time the committee shall stand abolished.
The following amendment was read and adopted:
Representative Ehrhart of the 36th moves to amend the Rules Committee substitute to HR 609 as follows:
Page 2, Line 3, change five to six.
The report of the Committee, which was favorable to the adoption of the Resolution was agreed to, by substitute, as amended.

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HR 720. By Representatives Sims of the 169th, Rogers of the 26th and Roberts of the 154th:
A RESOLUTION creating the House Study Committee on the Funeral Service Profession; and for other purposes.
The following substitute, offered by the Committee on Rules, was read and adopted:
A RESOLUTION
Creating the House Study Committee on the Funeral Service Profession; and for other purposes.
WHEREAS, the time following the loss of a loved one is one of the most difficult periods in an individual's life; and
WHEREAS, the funeral service profession has the responsibility of providing efficient and compassionate service during this difficult period; and
WHEREAS, Georgia's regulation of the funeral service profession should ensure that funeral service providers in Georgia are meeting the highest standards of the profession.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on the Funeral Service Profession to be composed of eight members to be appointed by the Speaker of the House and shall consist of one member of the Georgia Funeral Practitioners Association, one member of the Georgia Funeral Directors Association, one member of the Independent Funeral Directors of Georgia, two members of the Georgia Funeral Service Board, and three members of the Georgia 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 general issues present in the funeral service profession, including, but not limited to, hours of operation, full and continuous management in charge at the funeral facilities, and compliance with Federal Trade Commission standards. The committee shall meet three times: May of 2007 in Atlanta, Georgia; June of 2007 in Dalton, Georgia; and August of 2007 in Tifton, Georgia. The legislative members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than three days unless additional days are authorized. 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,

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such report shall be made on or before December 31, 2007. The committee shall stand abolished on December 31, 2007.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, by substitute.
HR 825. By Representatives Fludd of the 66th, Mosby of the 90th, Knight of the 126th and Tumlin of the 38th:
A RESOLUTION urging state and national officials to support the goals and ideals of "Financial Literacy Month"; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
HR 828. By Representatives Roberts of the 154th, England of the 108th, May of the 111th and Ehrhart of the 36th:
A RESOLUTION creating the House Study Committee on Interstate Gas Capacity Planning; and for other purposes.
The following substitute, offered by the Committee on Rules, was read:
A RESOLUTION
Creating the House Study Committee on Interstate Gas Capacity Planning; and for other purposes.
WHEREAS, since the advent of natural gas deregulation in Georgia in 1997 there have been dramatic changes in the natural gas industry; and
WHEREAS, despite the deregulation of many aspects of the natural gas market, certain aspects remain subject to regulation by law and administrative action; and
WHEREAS, one of the most complex aspects of the industry still subject to such regulation is the development of interstate capacity plans and the allocation of interstate capacity assets; and
WHEREAS, a need exists for a thorough study of this complex area in light of changes and emerging trends in the natural gas industry.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on Interstate Gas Capacity Planning to

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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 January 31, 2008. The committee shall stand abolished on January 31, 2008.
The following amendment was read and adopted:
Representative Ehrhart of the 36th moves to amend the Rules Committee substitute to HR 828 as follows:
Page 1, Line 14, change five to six.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, by substitute, as amended.
SR 296. By Senator Goggans of the 7th:
A RESOLUTION dedicating the POW Julian Abel Memorial Bridge; and for other purposes.
The following substitute, offered by the Committee on Rules, was read and adopted:
A RESOLUTION
Dedicating certain portions of the state highway system; and for other purposes.

FRIDAY, APRIL 20, 2007

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PART I WHEREAS, Julian Abel was born on April 23, 1921, and enlisted on August 20, 1942, to serve his country in the Army Air Force during World War II; and
WHEREAS, he was shot down on November 26, 1943; and
WHEREAS, this great citizen of Berrien County, Georgia, made the ultimate sacrifice while in service to his country and defending it during time of war; and
WHEREAS, this courageous soldier, in the spirit of the American patriot, confronted the dangers, privations, and discomforts of wartime service with 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, PFC Odom was a member of the 254th Infantry in the United States Army during World War II; and
WHEREAS, while serving in Germany, he was killed on April 18, 1945; and
WHEREAS, this courageous soldier, in the spirit of the American patriot, confronted the dangers, privations, and discomforts of wartime service with 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 III WHEREAS, SFC Bryant H. Roberts was born on January 30, 1920, and served his country in 1942, in the United States Navy aboard the U.S.S. Vincennes during World War II; and
WHEREAS, he made the ultimate sacrifice for his country in the name of freedom for all Americans when he was lost at sea in the line of duty; and
WHEREAS, the Board of Commissioners of Berrien County deems it fitting and appropriate to honor the service and sacrifice of SFC Bryant H. Roberts by designating a permanent public memorial near his homeplace.

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PART IV WHEREAS, Fred L. Belcher was born in November, 1919, and was drafted in 1942 to serve his country in the Army Air Force during World War II; and
WHEREAS, he was captured and held as a prisoner of war in Stalog 17B In Kriems, Austria; and
WHEREAS, this great citizen of Berrien County, Georgia, made the ultimate sacrifice while in service to his country and defending it during time of war; and
WHEREAS, this courageous soldier, in the spirit of the American patriot, confronted the dangers, privations, and discomforts of wartime service with 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 V WHEREAS, Mr. John Paul Ellis lives in Hopeulikit, Georgia, with his wife, Beatrice B. Ellis; and
WHEREAS, they have operated a grocery business there since the late 1930s; and
WHEREAS, they also ran a farm and raised five children in the community; and
WHEREAS, John Paul was a county commissioner in Bulloch County for approximately 25 years; and
WHEREAS, he was instrumental in obtaining a four-lane road in the county from Hopeulikit to Statesboro; and
WHEREAS, it is only fitting to honor a man who has devoted so much of his time to serving his community and the State of Georgia.
PART VI WHEREAS, Bill Lowery was a dynamic force in the music industry in Georgia for many years; and
WHEREAS, Bill Lowery, through his music publishing and recording company, the Lowery Group, recorded songs for such artists as Brenda Lee, Billy Joe Royal, Joe South, the Atlanta Rhythm Section, and Alicia Bridges; and

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WHEREAS, he was a recognized genius in identifying musical talent and recognizing hit music; and
WHEREAS, he was the first non-performer to be inducted into the Georgia Music Hall of Fame; and
WHEREAS, it is fitting and proper to dedicate the section of Clairmont Road between Buford Highway and Century Plaza Parkway in DeKalb County as the Bill Lowery Parkway as an appropriate tribute to this giant of the music industry in Georgia.
PART VII WHEREAS, Carl Kelly began his military career by joining the Jackson National Guard, then called the Jackson Rifles, while he was still in his teens; and
WHEREAS, when WWII started, the Jackson National Guard was called upon to train for the war in Europe and Carl Kelly was promoted to 1st Sergeant before he left for Ireland to wait for the invasion at Normandy; and
WHEREAS, in St-Lo, France, he was wounded in action and awarded the first of his two bronze stars for gallantry and a Purple Heart; and
WHEREAS, when the Korean Conflict began, Sgt. Kelly was immediately sent to Korea where he was awarded a battlefield commission to 2nd Lieutenant after distinguishing himself as a leader of men; and
WHEREAS, after recuperating from a wound, he returned to battle and soon after was involved in a battle to save an artillery unit that had been ambushed; Lt. Kelly organized the artillerymen into fighting groups and with complete disregard for his safety, led attack after attack on the enemy forces; and
WHEREAS, his conspicuous actions served to center the enemy fire on himself, and finally he was struck by enemy fire and fell mortally wounded; and
WHEREAS, before he died he told a friend to tell his wife and children that he loved them very much and would see them in Heaven someday; and
WHEREAS, Lt. Kelly was in the military service for 11 years and received three Purple Hearts, three Bronze Stars, and a Silver Star, as well as many other service medals.
PART VIII WHEREAS, Emmett Henry Austin was born January 28, 1906, in Douglas County, Georgia; and

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WHEREAS, on October 14, 1923, he married Lena Mae Croker of Paulding County and they then moved to Powder Springs, Georgia, where they resided until their deaths; and
WHEREAS, he sharecropped for a few years and in 1932 helped hang electrical wiring and motors when Clark Thread Company built Clarkdale Mills; and
WHEREAS, in 1935 he helped build the bridge and Highway 278 into Powder Springs and in 1938 the Highway 92 bridge in Hiram; and
WHEREAS, when the new REA was established in 1936, he worked with Glen Florence and Roy Richards to string the first wire for the community; and
WHEREAS, over the next several years he wired farmhouses too numerous to mention with the help of his 11 year-old son; and
WHEREAS, when 220 volt power became available, he rewired many of these same houses; and
WHEREAS, over his career he was an experienced electrician, plumber, mechanic, and highway and bridge builder; and
WHEREAS, he raised eight children, 16 grandchildren, and numerous greatgrandchildren, many of whom still live in the Powder Springs/Cobb County area.
PART IX WHEREAS, Mr. Ralph Lively came into this world on Independence Day, July 4, 1910, in Carroll County, Georgia, and was the son of the late Richard Alvin and Susan Smith Lively; and
WHEREAS, he was preceded in death by his wife, Carrie, with whom he shared 64 years of wonderful marriage; and
WHEREAS, he was known throughout his life for his industry and honest work ethic, and he transported mail during World War II and was a valued employee of the Bell Bomber Company; and
WHEREAS, he started the R.A. Lively Bus Line, retired from the Georgia Department of Agriculture, and worked at the Georgia General Assembly for 27 years as the personal aide to Speaker of the House Thomas B. Murphy; and
WHEREAS, he touched the hearts and lives of everyone he met and was esteemed throughout the General Assembly as a dedicated worker and a gentleman of unimpeachable character; and

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WHEREAS, he was a successful gardener who won a blue ribbon for his roses at the Tallapoosa Garden Club Flower Show; and
WHEREAS, he is survived by his many wonderful children and their spouses, E.D. and Labera Lively, Dolores and Herbert Newman, Reita and Bill Mendum, Alton and Shelby Lively, Mack and Shelby Lively, Jack and Margaret Lively; 17 grandchildren; 38 greatgrandchildren; and six great-great grandchildren; and
WHEREAS, he was a faithful member of Tallapoosa First Baptist Church and belonged to Masonic Lodge No. 126; and
WHEREAS, Georgia has lost one of its most distinguished citizens with the unfortunate passing of Ralph Lively and it is only fitting that a lasting memorial to his well-lived life should be created.
PART X NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body dedicate the Hardy Creek Bridge on US 82, in Berrien County, as the POW Julian Abel Memorial Bridge.
BE IT FURTHER RESOLVED that the members of this body dedicate the Five Mile Creek Bridge on SR 168, in Berrien County, as the PFC Elwood W. Odom Memorial Bridge
BE IT FURTHER RESOLVED that the members of this body dedicate the Ten Mile Creek Bridge on SR 168 near Nashville in Berrien County as the MIA/KIA Bryant H. Roberts, SFC Memorial Bridge.
BE IT FURTHER RESOLVED that the members of this body dedicate the Withlacoochee River Bridge on SR 76 west of Nashville, in Berrien County, as the POW Fred L. Belcher Memorial Bridge.
BE IT FURTHER RESOLVED that the members of this body dedicate the portion of US 80/SR 26 from Portal to Hopeulikit, in Bulloch County, as the John Paul Ellis Highway.
BE IT FURTHER RESOLVED that the members of this body dedicate the portion of Clairmont Road between Buford Highway and Century Plaza Parkway in DeKalb County as the Bill Lowery Parkway.
BE IT FURTHER RESOLVED that the portion of SR 16 East from the railroad tracks to the Jackson city limits, in Butts County, be dedicated as the Lt. Carl Kelly Memorial Highway.

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BE IT FURTHER RESOLVED that the Powder Creek Bridge on C. H. James Parkway (SR 6/U.S. 278) between Powder Springs-Dallas Road and Hill Road, in Cobb County, be dedicated as the Emmett Henry Austin Memorial Bridge.
BE IT FURTHER RESOLVED that the members of this body dedicate the portion of US 78 from the US 27 bypass in Bremen, Georgia, to Pine Grove Road, west of Bremen, in Haralson County, as the Ralph Lively 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 appropriate copies of this resolution to the Department of Transportation, to the family of Julian Abel, to the family of PFC Elwood W. Odom, to the family of Bryant H. Roberts, to the family of Fred L. Belcher, to John Paul Ellis, to the family of Bill Lowery, to the family of Lt. Carl Kelly, to the family of Emmett Henry Austin, and to the family of Ralph Lively.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, by substitute.
SR 363. By Senators Grant of the 25th, Tarver of the 22nd, Unterman of the 45th, Hill of the 4th, Goggans of the 7th and others:
A RESOLUTION creating the Mental Health Service Delivery Commission; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Creating the Mental Health Service Delivery Commission; and for other purposes.
WHEREAS, recent tragic events in the state mental hospitals, including the death and alleged abuse or neglect of Georgia's citizens living with mental illness, necessitate a comprehensive assessment of Georgia's mental health system and immediate responses to its inpatient and community based systems; and
WHEREAS, the State of Georgia has historically exercised the responsibility for the safety and care of its citizens who live with mental illnesses, developmental disabilities, and substance abuse; and

FRIDAY, APRIL 20, 2007

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WHEREAS, this responsibility has primarily resided in the Department of Health and later the Department of Human Resources which have administered and developed the state's public hospitals and its system of community care delivered through public and private facilities and individual providers; and
WHEREAS, the Department of Human Resources also manages Georgia's foster care system for children and adolescents in state custody, many of whom have suffered from abuse and neglect with resulting needs for behavioral health services and supportive foster families; and
WHEREAS, at the same time, Georgia's citizens who live with these conditions also reside in and sometimes receive treatment services from the Departments of Juvenile Justice, the Department of Corrections, and Georgia's local jails; and
WHEREAS, these systems and agencies have endured a decline in resources and staffing in the last decade, resulting in fragmented and often inadequate service delivery systems; and
WHEREAS, this decline in resources has manifested itself in deaths and escapes from our state mental hospitals and the housing of too many citizens living with mental illness, developmental disabilities, and substance abuse in correctional systems not designed for treatment;
WHEREAS, Georgia needs an ongoing, effective advocacy system for children and adults living in and receiving services through its systems; and
WHEREAS, most of Georgia's citizens in need of mental health, developmental disabilities, and substance abuse services can be safely housed and treated in our communities closer to their families with effective supports delivered by public and private providers and peer counselors; and
WHEREAS, Georgia has appropriately articulated and sought, but not yet fulfilled, a policy of de-institutionalization that holds promise for better allocation of resources and more sensitive services for its citizens and their families who endure mental illness, developmental disabilities, and substance abuse; and
WHEREAS, the response to these issues requires the appropriate sizing and adequate staffing of our hospitals for Georgia's growing population and the full development and coordination of our community treatment and housing resources; and
WHEREAS, forging and coordinating that effort requires leadership and a multifocused, multiagency plan for the new century; and

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WHEREAS, the General Assembly desires and seeks timely and effective action to ensure that the following challenges are addressed and solutions implemented in the immediate, short, and long terms:
(1) Assess the needs of our citizens, both children and adults, for improved behavioral health services and resources wherever they reside; (2) Adequately size, staff, and secure our state hospitals for Georgia's population, taking into account which patients can be safely housed in community settings; (3) Use public and private community resources to relieve overcrowding in state facilities and to develop the full continuum of services and effective supports so Georgia's citizens who live with mental illness, developmental disabilities, and substance abuse may live and work when possible close to their families; (4) Divert Georgians in need of treatment and assistance to community based resources whenever appropriate and provide adequate forensic and treatment services in our institutions; (5) Aggressively develop housing and employment opportunities in our communities; (6) Assure parity in insurance benefits coverage for mental health, developmental disabilities, and substance abuse care so that health issues resulting from lack of adequate treatment are reduced and all our financing resources are used to destigmatize and treat mental illness, developmental disabilities, and substance abuse; and (7) Develop an organizational plan to coordinate or revitalize the agencies involved in mental health, developmental disabilities, and substance abuse services or the financing of those services.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Mental Health Service Delivery Commission to be composed of three members of the Senate appointed by the President of the Senate; three members of the House of Representatives appointed by the Speaker of the House of Representatives; a superior court judge experienced in dealing with mental illness, developmental disabilities, and substance abuse appointed by the Council of Superior Court Judges; three citizens appointed by the President of the Senate to represent patients served by the systems described in this resolution, the advocacy groups for mental health, developmental disabilities, or substance abuse, and the law enforcement community; and three citizens appointed by the Speaker of the House of Representatives to represent patients served by the systems described in this resolution, the advocacy groups for mental health, developmental disabilities, or substance abuse, and the law enforcement community. The Speaker of the House of Representatives shall designate a member of the House and the President of the Senate shall designate a member of the Senate to serve as cochairpersons of the committee. The commission shall meet at the call of the cochairpersons.
BE IT FURTHER RESOLVED that the commission shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and

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recommend any actions or legislation which the commission deems necessary or appropriate. The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The commission shall have the authority to call any party to testify and to require the attendance of witnesses and the production of books, records, and papers. The commission shall be authorized to retain the services of individuals or firms as determined appropriate by the commission. The members of the commission shall receive the allowances authorized for legislative members of interim legislative committees. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives and Senate. The commission shall make interim reports to the General Assembly on or before January 15, 2008, as to the progress of the commission in identifying the difficulties in the state's deliverance of mental health services and developing an organizational plan for coordinating the state's various systems and the financial and staffing needs of these systems to assure a safe and secure system of services. The commission shall make a second interim report on or before January 15, 2009, as to anticipated initial implementation of action. It shall make a final report with a blueprint for action on or before June 30, 2009. The commission shall stand abolished on June 30, 2009.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
Under the general order of business, established by the Committee on Rules, the following Resolutions of the House were taken up for consideration:
HR 855. By Representative Dickson of the 6th:
A RESOLUTION recognizing and expressing support for civic education in our public schools; and for other purposes.
HR 955. By Representative Burns of the 157th:
A RESOLUTION to create the Effingham County Tax Structure Study Committee; and for other purposes.
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:

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Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bridges
Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole E Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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
Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T
Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford
Maddox Y Mangham E Manning Y Marin

Martin E Maxwell Y May Y McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy
Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts
Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton
Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the adoption of the Resolutions, the ayes were 159, nays 0.

The Resolutions, having received the requisite constitutional majority, were adopted.

HR 826. By Representatives Dollar of the 45th, Cooper of the 41st, Hudson of the 124th, Lunsford of the 110th and Stephenson of the 92nd:

A RESOLUTION creating a House Study Committee on Trans Fat Alternatives for the Georgia Food Industry; and for other purposes.

The following substitute, offered by the Committee on Rules, was read:

A RESOLUTION

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Creating a House Study Committee on Trans Fat Alternatives for the Georgia Food Industry; and for other purposes.
WHEREAS, approximately 80 million Americans, or about one in three adults, have one or more types of cardiovascular diseases (CVD); and
WHEREAS, CVD continues to be the most prevalent cause of morbidity and mortality in the United States; and
WHEREAS, every year since 1900, except 1918, CVD has accounted for more deaths than any other single cause or group of causes of death; and
WHEREAS, on average, over 17,000 people die of CVD related illness each year in Georgia; and
WHEREAS, on average, 59 percent of the adult population in Georgia is considered to be overweight or obese, as defined by the Centers for Disease Control; and
WHEREAS, overweight and obesity are well-established risk factors for CVD; and
WHEREAS, partially hydrogenated oils and shortenings are widely used ingredients and preservatives within the food industry which typically contain dangerously high levels of artificially generated trans fats; and
WHEREAS, trans fats used in various cooking methods have been scientifically proven to cause significant decreases in beneficial HDL cholesterol levels while dramatically increasing detrimental LDL cholesterol in those that consume them; and
WHEREAS, those that consume diets high in trans fats have been statistically shown to be at higher risk for other critical indicators for CVD, such as hardening of the arteries, blockage of arteries, insulin resistance, and type 2 diabetes; and
WHEREAS, despite the dangers associated with consumption of food products containing significant amounts of trans fats, there are currently no disclosure requirements for, or limits to, the amounts of trans fats used in various cooking methods employed by public school cafeterias, restaurants, or bakeries producing food products which are not packaged and therefore not subject to Food and Drug Administration (FDA) labeling guidelines which became effective January 1, 2006; and
WHEREAS, due to the aforementioned lack of regulation and oversight with regard to disclosure of trans fat content, the general public is largely unaware of the actual amounts of trans fats present in foods being sold by certain restaurants and bakeries; and

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WHEREAS, dietary guidelines published by the United States Department of Agriculture (USDA) suggest that the food industry has an important role in decreasing the trans fatty acid content of the food supply; and
WHEREAS, suitable cost-effective alternatives for partially hydrogenated oils have been identified and approved for use in the segment of the food industry which produces foods not currently subject to the aforementioned FDA labeling regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on Trans Fat Alternatives for the Georgia Food Industry to be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The Speaker of the House of Representatives shall designate a member of the House 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 current use of trans fats in Georgia's food industry and public school system, the scope of which shall include the following:
(1) The committee shall be charged with examining the feasibility of state-wide restrictions on the use of artificial trans fats and products that contain them in public schools and restaurants that are not otherwise subject to the current Food and Drug Administration's regulation; (2) The committee shall hear from industry experts and key leaders concerned with this issue and recommend any actions or legislation which the committee deems necessary or appropriate. The committee is encouraged to hear testimony from State of Georgia public health officials, health organizations, food industry representatives, restaurant vendors and suppliers, state school board officials, representatives from other states or municipalities that have instituted restrictions on the use of trans fats, or any other entities that the committee deems necessary; and (3) Due diligence should be exercised when evaluating potential alternatives to products containing trans fats so as to avoid any unintended negative health consequences caused by said alternatives.
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 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,

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such report shall be made on or before December 31, 2007. The committee shall stand abolished on December 31, 2007.
The following amendment was read and adopted:
Representative Ehrhart of the 36th moves to amend the Rules Committee substitute to HR 826 as follows:
Page 2, Line 21, change five to six.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the adoption of the Resolution was agreed to, by substitute, as amended.
The Resolution was adopted, by substitute, as amended.
Representative Davis of the 109th would like to be recorded as voting "nay" on HR 826.
SB 114. By Senators Shafer of the 48th, Williams of the 19th, Johnson of the 1st, Rogers of the 21st, Pearson of the 51st and others:
A BILL to be entitled an Act to amend Chapter 40 of Title 43 of the O.C.G.A., relating to real estate brokers and salespersons, so as to provide that certain time periods shall have passed after completing the terms and conditions of a sentence for certain criminal convictions before making an application for licensure; to provide for additional criminal offenses for which the Georgia Real Estate Commission may deny a license; to change the term "in-class hour" to "instructional hour"; to change the number of instructional hours for a broker prelicense course of study; to change the required number of continuing education hours; to provide for certain provisions relating to persons on active military duty or serving in the General Assembly; to permit the commission to provide certain educational materials to consumers; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change certain provisions relating to points given to disabled veterans

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taking examinations for licensing; to provide that certain time periods shall have passed after completing the terms and conditions of a sentence for certain criminal convictions before making an application for appraiser classification or approval to the Georgia Real Estate Appraiser Board; to provide for additional criminal offenses for which the board may deny a classification or approval; to change provisions relating to lapsed appraisal classifications; to permit the board to provide certain educational materials to consumers; to provide that certain time periods shall have passed after completing the terms and conditions of a sentence for certain criminal convictions before making an application for licensure to the Georgia Real Estate Commission; to provide for additional criminal offenses for which the commission may deny a license; to change the term "in-class hour" to "instructional hour"; to change the number of instructional hours for a broker prelicense course of study; to change the required number of continuing education hours for each year of the renewal period established by the commission; to provide for certain provisions relating to persons on active military duty or serving in the General Assembly; to permit the commission to provide certain educational materials to consumers; to provide that brokers are entitled to trust funds only after consummation or termination of the transaction; to permit a licensee to deal directly with another licensee's client under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and business, is amended by revising paragraphs (2) and (3) as follows of Code Section 43-1-9, relating to point credit for veterans taking examinations given by professional licensing boards, as follows:
"(2) Any applicant who is a disabled veteran and who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the National Guard, during wartime or during any conflict when military personnel were committed by the President of the United States and who was discharged for injury or illness incurred in line of duty shall be entitled to a credit of five points if the disability was for an injury or illness incurred in the line of duty and such disability is officially rated at less than 10 percent at the time of taking the examination. Such points shall be added by the person grading the examination to the grade made by the applicant in answering the questions propounded in any such examination; and (3) Any applicant who is a disabled veteran who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the National Guard, during wartime or during any conflict when military personnel were committed by the President of the United States and who was discharged for injury or illness incurred in line of duty shall be entitled to a credit of ten points if the disability was for an injury or illness incurred in

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the line of duty and such disability is officially rated at 10 percent or above at the time of taking the examination. Such points shall be added by the person grading the examination to the grade made by the applicant in answering questions propounded in any such examination."
SECTION 2. Said title is further amended in Chapter 39A, relating to real estate appraisers, by revising Code Section 43-39A-8, relating to the establishment of appraiser classifications complying with federal law, continuing education courses required for renewal of classification, and approval of instructors, by adding two new subsections to read as follows:
"(a.1) In order to qualify to become an applicant for an appraiser classification or approval, an individual shall:
(1) Have attained the age of 18 years; (2) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-39A-9; (3) Have attained the level of education that the board may establish through its rules and regulations; (4) Have complied fully with the requirements of subsection (b) of Code Section 4339A-14 regarding any criminal convictions; (5) Furnish evidence of completion of the instructional hours in any course of study the board may require through its rules and regulations; and (6) Stand and pass an examination administered by or approved by the board covering generally the matters confronting real property appraisers after completing the requirements of paragraph (5) of this subsection. Failure to meet any of these requirements shall be grounds for denial of classification or approval without a hearing." "(f) The board may prepare and distribute to appraisers under this chapter educational material deemed of assistance in the conduct of their business. The board may prepare and distribute to the public educational material deemed of assistance to consumers engaging in business in real estate appraisals with persons classified under this chapter."
SECTION 3. Said title is further amended in Chapter 39A by revising subsection (f) of Code Section 43-39A-11, relating to fees for examination, activation, and renewal and reactivation of lapsed or inactive appraiser classification, as follows:
"(f) Any resident appraiser whose appraiser classification lapses for failure to pay a renewal fee may reactivate that appraiser classification within two years of the date of its lapsing by paying the total amount of all renewal fees and late charges which would have been due during the period when the appraiser classification was lapsed plus a reactivation fee. If any resident appraiser allows an appraiser classification to lapse for a period longer than two years due solely to a failure to pay a renewal fee, the resident

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appraiser may have that appraiser classification reinstated by paying the total amount of all renewal fees and late charges which would have been due during the period when the appraiser classification was lapsed plus a reactivation fee and by successfully completing any educational course or courses which the board may require. Any resident appraiser whose appraiser classification has lapsed for longer than ten five years and who seeks to have that appraiser classification reinstated shall requalify as an original applicant as set forth in Code Section 43-39A-8. Any nonresident appraiser whose appraiser classification lapses for failure to pay a renewal fee may reactivate that appraiser classification by paying the fee required of an original applicant if such nonresident appraiser has maintained an active classification in his or her state of residence during the period that his or her classification lapsed. The board may refuse to renew an appraiser classification if the appraiser has continued to perform real estate appraisal activities following the lapsing of that appraiser classification."
SECTION 4. Said title is further amended in Chapter 39A by revising subsection (b) of Code Section 43-39A-14, relating to required conduct of applicants and refusal of classification, as follows:
"(b)(1) As used in this subsection, the term: (A) 'Conviction' means a finding or verdict of guilty or a plea of guilty to a charge of a felony or any crime involving moral turpitude, regardless of whether an appeal of the conviction has been brought; a sentencing to first offender treatment without an adjudication of guilt pursuant to a charge of a felony or any crime involving moral turpitude; or a plea of nolo contendere to a charge of a felony or any crime involving moral turpitude. (B) 'Felony' includes any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere.
(1.1) No person who has a conviction shall be eligible to become an applicant for a license or an approval authorized by this chapter unless such person has successfully completed all terms and conditions of any sentence imposed for such conviction; provided that if such individual has multiple convictions, at least five years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval; and provided that if such individual has a single conviction, at least two years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval. (1.2) A person who has a conviction in a court of competent jurisdiction of this or any other state, district, or territory of the United States, or of a foreign country, shall be eligible to become an applicant for a licensure or an approval authorized by this chapter only if:
(A) Such person has satisfied all terms and conditions of any conviction such person may have had before making application for licensure or approval; provided that if such individual has multiple convictions, at least five years shall have passed

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since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval; and provided that if such individual has been convicted of a single felony or of a single crime of moral turpitude, at least two years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval; (B) No criminal charges for forgery, embezzlement, obtaining money under false pretenses, theft, extortion, conspiracy to defraud, a felony, a sex offense, a probation violation, or a crime involving moral turpitude are pending against the person; and (C) Such person presents to the commission satisfactory proof that the person now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such a manner as to safeguard the interest of the public. (2) Where an applicant for an appraiser any classification or approval authorized by this chapter has been convicted in a court of competent jurisdiction of this or any other state, district, or territory of the United States, or of a foreign country of the offense of forgery, embezzlement, obtaining money under false pretenses, theft, extortion, or conspiracy to defraud or other like offense or offenses or has been convicted of a felony, a sex offense, a probation violation, or a crime involving moral turpitude, such conviction in itself may be a sufficient ground for refusal of an appraiser a classification or approval. An applicant for any appraiser classification or approval authorized by this chapter who has been convicted of any offense enumerated in this paragraph may be issued an appraiser a classification or approval by the board only if: (A) At least five years The time periods identified in paragraph (1) of this subsection have passed since the applicant was convicted, sentenced, or released from any incarceration, whichever is later; (B) No criminal charges are pending against the applicant; and (C) The applicant presents to the board satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such a manner as to safeguard the interests of the public."
SECTION 5. Said title is further amended in Chapter 40, relating to real estate brokers and salespersons, by revising Code Section 43-40-8, relating to license requirements, as follows: "43-40-8. (a) In order to qualify to become an applicant for a community association manager's license, an applicant must individual shall:
(1) Have attained the age of 18 years; (2) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-40-9;

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(3) Be a high school graduate or the holder of a certificate of equivalency; (3.1) Have complied fully with the requirements of subsection (b) of Code Section 43-40-15 regarding any criminal convictions; (4) Furnish evidence of completion of at least 25 in-class instructional hours in a community association manager's course or courses of study approved by the commission; and (5) Stand and pass a real estate examination administered by or approved by the commission covering generally the matters confronting real estate brokers who provide community association management services and community association managers after completing the requirements of paragraph (4) of this subsection. Failure to meet any of these requirements shall be grounds for denial of license without a hearing. (b) In order to qualify to become an applicant for a salesperson's license, an applicant must individual shall: (1) Have attained the age of 18 years; (2) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-40-9; (3) Be a high school graduate or the holder of a certificate of equivalency; (3.1) Have complied fully with the requirements of subsection (b) of Code Section 43-40-15 regarding any criminal convictions; (4) Furnish evidence of completion of at least 75 in-class instructional hours in a salesperson's course or courses of study approved by the commission; and (5) Stand and pass a real estate examination administered by or approved by the commission covering generally the matters confronting real estate brokers and salespersons after completing the requirements of paragraph (4) of this subsection. Failure to meet any of these requirements shall be grounds for denial of license without a hearing. (c) In order to qualify to become an applicant for a broker or associate broker's license, an applicant must individual shall: (1) Have attained the age of 21 years; (2) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-40-9; (3) Be a high school graduate or the holder of a certificate of equivalency; (3.1) Have complied fully with the requirements of subsection (b) of Code Section 43-40-15 regarding any criminal convictions; (4) Have served actively for three years as a licensee maintained a license in active status for at least three of the five years immediately preceding the filing of an application to become a broker; (5) Furnish evidence of completion of 60 in-class hours instructional hours in a broker's course of study approved by the commission, provided that if licensed as a community association manager, the applicant must shall furnish evidence of completion of an additional 75 in-class instructional hours in courses or a course of study approved by the commission; and

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(6) Stand and pass a real estate examination administered by or approved by the commission covering generally the matters confronting real estate brokers after completing the requirements of paragraph (5) of this subsection and after serving at least two years of active licensure. Failure to meet any of these requirements shall be grounds for denial of license without a hearing. (d) Upon being issued an original salesperson's license, each salesperson shall be required to furnish the commission, within one year of the issuance of a license, evidence of satisfactory completion of a course of study of at least 25 in-class instructional hours approved by the commission. As a part condition of satisfactory completion of this course, the licensee must shall stand and pass an examination covering that the commission approves and that covers the subject matter contained in the course. The commission, in its discretion, may approve an examination prepared by and administered by the school offering the course or may prepare and administer an examination itself. The license of any salesperson who fails to complete satisfactorily in a timely manner the course provided for in this subsection shall lapse, and the salesperson's wall certificate of licensure and pocket card shall immediately be surrendered to the commission. Any salesperson whose license lapses for failure to complete satisfactorily this an approved 25 instructional hour course may reinstate the license in the following manner: (1) Any salesperson who has enrolled in the any approved 25 instructional hour course within one year of the issuance of an original license, has paid all required fees for the course, and:
(A) Has has not completed all in-class sessions, required exercises, or examinations; for any reason (B) Produces a medical doctor's certification of incapacitation which caused the licensee to be unable to complete all in-class sessions and the examination; or (C) Has not completed the course or the examination due to cancellation of the course by the approved school may reinstate the license by completing the course within six months of the lapsing of the license.; or (2) Any salesperson who fails to reinstate a lapsed license as provided in paragraph (1) of this subsection must qualify as an original applicant by passing a new examination as required in subsection (b) of this Code section and must shall complete 25 in-class instructional hours of instruction in a course of study approved by the commission and pay such penalty fees as the commission may require through its rules and regulations before making application to reinstate such license. (e) Except those individuals actively licensed on January 1, 1980, each applicant for renewal of an active license must shall furnish to the commission before renewing a license evidence of satisfactorily completing a continuing education course or courses approved by the commission. The length of the course or courses taken by licensees to meet this requirement of continuing education must shall total at least six instructional hours for each year of the renewal period established by the commission. The

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commission shall not require the passing of an examination to meet this requirement. Continuing education courses will shall be provided by all educational or duly authorized instructional organizations teaching real estate licensing courses. No licensee whose license has been placed on inactive status shall be allowed to reactivate unless the provisions of this subsection and subsection (g) of Code Section 43-40-12 are met. Individuals serving on active duty in the armed forces of the United States or in the General Assembly may choose not to meet the continuing education requirements of this subsection while on active duty or during their terms of office. Members of the armed forces or the General Assembly who choose to exercise this temporary exemption option and whose term of active duty or of office exceeds two years shall be required to complete the 25 instructional hour course referenced in subsection (d) above within six months of the conclusion of their active duty or term of office. (f) Instructors in all of the approved courses must shall be approved by the commission and, where the commission deems necessary, receive any special instruction the commission may require. (g) Failure to complete any of the educational requirements as provided in this Code section shall be grounds for denial of a license or denial of renewal of a license without further hearing. No fees or portion of fees paid shall be refunded if a licensee fails to meet the continuing education provisions of subsections (d) and (e) of this Code section or any other provisions of this chapter. (h) The commission may prepare and distribute to licensees under this chapter educational material deemed of assistance in the conduct of their business. The commission may prepare and distribute to the public educational material deemed of assistance to consumers engaging in business in real estate transactions with persons licensed under this chapter. (i) The commission, through its rules and regulations, shall establish standards for the approval of schools and instructors to offer the education courses required by this chapter. Each approved school must shall comply with Code Sections 43-40-15 through 43-40-32. Each approved school must shall designate an individual approved by the commission to act as its director and such designated individual shall be responsible for assuring that the approved school complies with the requirements of this chapter and rules and regulations promulgated under this chapter. An approved school must shall authorize its director to bind the school to any settlement of a contested case before the commission as defined in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The commission, through its rules and regulations, shall establish standards for the offering of the prelicense education courses required by this chapter by methods of instruction, which it deems to be educationally sound, other than in-class instruction. The commission, through its rules and regulations, may establish standards for the offering of continuing education courses required by this chapter by methods of instruction, which it deems to be educationally sound, other than in-class instruction."
SECTION 6. Said title is further amended in Chapter 40 by revising subsections (f) and (g) of Code

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Section 43-40-12, relating to inactive status of a license, as follows: "(f) Any licensee whose license lapses for failure to pay a renewal fee may reinstate that license within two years of the date of its lapsing by paying the total amount of all renewal fees and late charges which would have been due during the period when the license was lapsed plus a reinstatement fee. If any licensee who has passed an examination administered by or approved by the commission allows a license to lapse for a period longer than two years and less than ten five years due solely to a failure to pay a renewal fee, the licensee may reinstate that license by paying the total amount of all renewal fees and late charges which would have been due during the period when the license was lapsed plus a reinstatement fee and by successfully completing any educational course or courses which the commission may require. Any licensee whose license has lapsed for longer than ten five years for failure to pay a renewal fee and who seeks to reinstate that license must shall meet the education and examination requirements for that license as set forth in Code Section 43-40-8. Any nonresident licensee whose license lapses for failure to pay a renewal fee may reactivate that license by paying the fee required of an original applicant if such nonresident licensee has maintained an active license in his or her state of residence during the period that his or her license lapsed and has met its continuing education requirements. Any licensee whose license has lapsed for longer than one year and who is not subject to the continuing education requirements of subsection (e) of Code Section 43-40-8 and who reinstates such license under the terms of this subsection shall thereafter be subject to the continuing education requirements of subsection (e) of Code Section 43-40-8. (g) Any real estate broker who does not wish to be actively engaged in the brokerage business or any licensee who is temporarily not actively engaged on behalf of a broker may continue a license by making a written request within 30 days of ceasing work that the license be placed on inactive status. Any licensee whose license has been placed on an inactive status may shall not engage in the real estate brokerage business except in connection with property owned by the licensee. To reinstate a license held on inactive status, a licensee other than a broker must shall secure the signature of the broker for whom the licensee wishes to act; and a broker must shall make application to the commission prior to resuming brokerage activity. Any individual licensee who seeks to activate a license which has been on inactive status for a period of two years or longer shall be required to attend a commission approved course of study prior to activating an inactive license. The course of study shall consist of a commission approved education course or courses totaling at least six hours for each year the license was on inactive status. This education requirement for activating a license on inactive status shall not apply to licensees who shall first meet the continuing education requirement of subsection (e) of Code Section 43-40-8 in each renewal period that they are on inactive status nor to licensees who which would have been required had such person been on active status unless such person maintained an active license in another state that has continuing education requirements while such licensee's license was on inactive status in Georgia."

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SECTION 7. Said title is further amended in Chapter 40 by revising subsection (b) of Code Section 4340-15, relating to the grant, revocation, or suspension of licenses, as follows:
"(b)(1) As used in this Code section, the term: (A) 'Conviction' means a finding or verdict of guilty or a plea of guilty to a charge of a felony or any crime involving moral turpitude, regardless of whether an appeal of the conviction has been brought; a sentencing to first offender treatment without an adjudication of guilt pursuant to a charge of a felony or any crime involving moral turpitude; or a plea of nolo contendere to a charge of a felony or any crime involving moral turpitude. (B) 'Felony' includes any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere.
(1.1) No person who has a conviction shall be eligible to become an applicant for a license or an approval authorized by this chapter unless such person has successfully completed all terms and conditions of any sentence imposed for such conviction; provided that if such individual has multiple convictions, at least five years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval; and provided that if such individual has a single conviction, at least two years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval. (1.2) A person who has a conviction in a court of competent jurisdiction of this or any other state, district, or territory of the United States, or of a foreign country, shall be eligible to become an applicant for a licensure or an approval authorized by this chapter only if:
(A) Such person has satisfied all terms and conditions of any conviction such person may have had before making application for licensure or approval; provided that if such individual has multiple convictions, at least five years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval; and provided that if such individual has been convicted of a single felony or of a single crime of moral turpitude, at least two years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval; (B) No criminal charges for forgery, embezzlement, obtaining money under false pretenses, theft, extortion, conspiracy to defraud, a felony, a sex offense, a probation violation, or a crime involving moral turpitude are pending against the person; and (C) Such person presents to the commission satisfactory proof that the person now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such a manner as to safeguard the interest of the public. (2) Where an applicant for a community association manager's license or a salesperson's license any license or approval authorized by this chapter has been

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convicted of forgery, embezzlement, obtaining money under false pretenses, theft, extortion, conspiracy to defraud, or other like offense or offenses or has been convicted of a felony, a sex offense, a probation violation, or a crime involving moral turpitude and has been convicted thereof in a court of competent jurisdiction of this or any other state, district, or territory of the United States, or of a foreign country, such conviction in itself may be a sufficient ground for refusal of a license or approval authorized by this chapter. An applicant for licensure as an associate broker or a broker who has been convicted of any offense enumerated in this subsection paragraph may be licensed by the commission as an associate broker or a broker only if:
(A) At least ten years have passed since the applicant was convicted, sentenced, or released from any incarceration, whichever is later; (B) No criminal charges are pending against the applicant; and (C) The applicant presents to the commission satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such a manner as to safeguard the interest of the public."
SECTION 8. Said title is further amended in Chapter 40 by revising subsection (e) of Code Section 4340-20, relating to when a broker is entitled to commission or fee, as follows:
"(e) A broker shall not be entitled to any part of the earnest money, security deposit, or other money trust funds paid to the broker in connection with any real estate transaction as part or all of the broker's commission or fee until the transaction has been consummated or terminated."
SECTION 9. Said title is further amended in Chapter 40 by revising paragraph (14) of subsection (b) of Code Section 43-40-25, relating to unfair trade practices, as follows:
"(14) Negotiating a sale, exchange, or lease of real estate directly with an owner, a lessor, a purchaser, or a tenant if the licensee knows that such owner or lessor has a written outstanding listing contract in connection with such property granting an exclusive agency or an exclusive right to sell to another broker or that such purchaser or tenant has a written outstanding exclusive brokerage agreement with another broker, unless the outstanding listing or brokerage agreement provides that the licensee holding such agreement will not provide negotiation services to the client;"
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.

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On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton
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 Hudson Y Hugley Y Jackson Y Jacobs Y James
Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Martin E Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan
Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Wilkinson Y Willard Williams, A Williams, E Y Williams, M 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 Smith of the 129th 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.

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SB 194. By Senators Staton of the 18th, Williams of the 19th, Wiles of the 37th, Harp of the 29th, Carter of the 13th 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 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 that a person may cancel his or her absentee ballot under certain circumstances; 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 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide that certain election officials shall be certified by a certain date; 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 that a person may cancel his or her absentee ballot under certain circumstances; to provide that special elections to submit questions to the voters shall be held on certain dates; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, is amended by revising subsection (a) of Code Section 21-2-101, relating to certification program for election superintendents or election board designee, as follows:
"(a) All election superintendents or, in the case of a board of elections or a board of elections and registration, the designee of such board charged with the daily operations of such board shall become certified by completing a certification program approved by the Secretary of State by no later than January 1, 2007 December 31 of the year in which they are appointed. Such program may include instruction on, and may require the superintendent to demonstrate proficiency in, the operation of the state's direct recording electronic voting equipment and in state and federal law and procedures

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related to elections. The local government employing the superintendent or designee shall cover the costs, if any, incurred by such superintendent or designee's participation in the certification program. Such certification programs shall be offered by the Secretary of State on multiple occasions before January 1, 2007, December 31 of the year in which such superintendents or designees are appointed and shall not exceed 64 hours of classroom, online, and practical instruction as authorized and approved by the Secretary of State."
SECTION 2. Said chapter is further amended by revising Code Section 21-2-386, relating to safekeeping, certification, and validation of absentee ballots, as follows:
"21-2-386. (a)(1)(A) The board of registrars or absentee ballot clerk shall keep safely and unopened all official absentee ballots received from absentee electors prior to the closing of the polls on the day of the primary or election except as otherwise provided in this subsection. (B) Upon receipt of each ballot, a registrar or clerk shall write the day and hour of the receipt of the ballot on its envelope. The registrar or clerk shall then compare the identifying information on the oath with the information on file in his or her office, shall compare the signature or mark on the oath with the signature or mark on the absentee elector's voter registration card and application for absentee ballot or a facsimile of said signature or mark taken from said card or application, and shall, if the information and signature appear to be valid and other identifying information appears to be correct, so certify by signing or initialing his or her name below the voter's oath. Each elector's name so certified shall be listed by the registrar or clerk on the numbered list of absentee voters prepared for his or her precinct. (C) If the elector has failed to sign the oath, or if the signature does not appear to be valid, or if the elector has failed to furnish required information or information so furnished does not conform with that on file in the registrar's or clerk's office, or if the elector is otherwise found disqualified to vote, the registrar or clerk shall write across the face of the envelope 'Rejected,' giving the reason therefor. The board of registrars or absentee ballot clerk shall promptly notify the elector of such rejection, a copy of which notification shall be retained in the files of the board of registrars or absentee ballot clerk for at least one year. (D) An elector who registered to vote by mail, but did not comply with subsection (c) of Code Section 21-2-220, and who votes for the first time in this state by absentee ballot shall include with his or her application for an absentee ballot or in the outer oath envelope of his or her absentee ballot either one of the forms of identification listed in subsection (a) of Code Section 21-2-417 or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of such elector. If such elector does not provide any of the forms of identification listed in this subparagraph with his or her application for an absentee ballot or with the absentee

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ballot, such absentee ballot shall be deemed to be a provisional ballot and such ballot shall only be counted if the registrars are able to verify current and valid identification of the elector as provided in this subparagraph within the time period for verifying provisional ballots pursuant to Code Section 21-2-419. (E) Three copies of the numbered list of voters shall also be prepared for such rejected absentee electors, giving the name of the elector and the reason for the rejection in each case. Three copies of the numbered list of certified absentee voters and three copies of the numbered list of rejected absentee voters for each precinct shall be turned over to the poll manager in charge of counting the absentee ballots and shall be distributed as required by law for numbered lists of voters. (F) All absentee ballots returned to the board or absentee ballot clerk after the closing of the polls on the day of the primary or election shall be safely kept unopened by the board or absentee ballot clerk and then transferred to the appropriate clerk for storage for the period of time required for the preservation of ballots used at the primary or election and shall then, without being opened, be destroyed in like manner as the used ballots of the primary or election. The board of registrars or absentee ballot clerk shall promptly notify the elector by first-class mail that the elector's ballot was returned too late to be counted and that the elector will not receive credit for voting in the primary or election. All such late absentee ballots shall be delivered to the appropriate clerk and stored as provided in Code Section 21-2-390. (G) Notwithstanding any provision of this chapter to the contrary, until the United States Department of Defense notifies the Secretary of State that the Department of Defense has implemented a system of expedited absentee voting for those electors covered by this subparagraph, absentee ballots cast in a primary, election, or runoff by eligible absentee electors who reside outside the county or municipality in which the primary, runoff or election, or runoff is held and are members of the armed forces of the United States, members of the merchant marine of the United States, spouses or dependents of members of the armed forces or merchant marine residing with or accompanying such members, or overseas citizens that are postmarked by the date of such primary, election, or runoff and are received within the three-day period following such primary, election, or runoff, if proper in all other respects, shall be valid ballots and shall be counted and included in the certified election results. (2) After 12:00 Noon and until the closing the opening of the polls on the day of the primary, or election, or runoff, the registrars or absentee ballot clerks shall be authorized to open the outer envelope on which is printed the oath of the elector in such a manner as not to destroy the oath printed thereon; provided, however, that the registrars or absentee ballot clerk shall not be authorized to remove the contents of such outer envelope or to open the inner envelope marked 'Official Absentee Ballot,' except as otherwise provided in this Code section. At least three persons who are registrars, deputy registrars, poll workers, or absentee ballot clerks must be present before commencing; and three persons who are registrars, deputy registrars, or

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absentee ballots clerks shall be present at all times while the outer envelopes are being opened. After opening the outer envelopes, the ballots shall be safely and securely stored until the time for tabulating such ballots. (3) A county If the election superintendent desires to open the inner envelopes containing the absentee ballots after 3:00 P.M., but before 7:00 P.M., may, in his or her discretion, after 7:00 A.M. on the day of the primary, election, the election superintendent shall petition in writing the chief judge of the superior court of the county or, if such judge is a candidate in such election, such petition shall be submitted to the administrative judge of the judicial administrative district in which such county is located who shall assign such petition to a judge of the district who is not a candidate in such election at least seven days prior to the election for permission to or runoff open the inner envelopes in accordance with the procedures prescribed in this subsection. Such petition shall contain the names of persons designated to act as monitors of the process of opening the inner envelopes by the election superintendent or his or her designee. The and begin tabulating the absentee ballots. If the county election superintendent chooses to open the inner envelopes and begin tabulating such ballots prior to the close of the polls on the day of the primary, election, or runoff, the superintendent shall notify in writing, at least seven days prior to the primary, election, or runoff, the county executive committee or, if there is no organized county executive committee, the state executive committee of each political party and political body having candidates whose names appear on the ballot for such election in such county and each independent and nonpartisan candidate whose name appears on the ballot for such primary, election, or runoff in such county of the superintendent's intent to begin the absentee ballot tabulation prior to the close of the polls and their right to appoint monitors to observe the tabulation. Such committee shall have the right to designate two persons and each independent and nonpartisan candidate whose name appears on the ballot for such election in such county shall have the right to designate one person to act as monitors. Such executive committees and candidates shall be given notice by the election superintendent of the superintendent's intent to request permission to open the inner envelopes early and their right to designate monitors. The executive committees and candidates shall be given at least seven days after the notice by the election superintendent to designate monitors for inclusion in the petition for such process. In the event that the only issue to be voted upon in an election is a referendum question, the chief judge of the superior court of the county shall appoint two electors of the county to monitor such process. (4) The county election superintendent shall publish a written notice in the superintendent's office of the superintendent's intent to begin the absentee ballot tabulation prior to the close of the polls and publish such notice at least one week prior to the primary, election, or runoff in the legal organ of the county. The chief judge, after considering the petition, shall authorize the opening of the inner envelope of the absentee ballots provided that the names of the persons to serve as monitors on behalf of the political parties, political bodies, independent candidates, and

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nonpartisan candidates are submitted in the petition by the election superintendent. The judge shall:
(A) Designate the location where the inner envelopes shall be opened within the county; (B) Designate additional monitors for the process to be present during the opening of the inner envelopes, if the judge deems such persons necessary; (C) Administer an oath to each person who shall serve as a monitor and to each election official who shall participate in any manner in the process of opening the inner envelopes to which such persons shall swear or affirm that no inner envelopes shall be opened unless all monitors are present in the location designated by the judge, unless such monitor shall specifically give his or her permission for such process to continue in his or her absence; that no attempt shall be made to ascertain how any ballot was voted or to view the contents of any ballot; that no monitor shall handle, touch, or possess any ballot; and that no discussion of the procedure or of anything viewed during the opening of the envelopes will be held with any person who is not a part of the opening process before 7:00 P.M. on the day of the election; (D) Designate no less than two persons to take possession of and keep secure all such opened envelopes and ballots at all times prior to such envelopes and ballots being released to the manager of the absentee ballot precinct for counting; and (E) Provide such additional conditions and requirements as he or she deems necessary to preserve the integrity and confidentiality of such process, including instructions to monitors and election officials for the reporting of any unauthorized activity. Intentional and willful violation of such oath shall be a felony punishable pursuant to Code Section 21-2-600. (5) The process for opening the inner envelopes of and tabulating absentee ballots after 12:00 Noon and before 7:00 P.M. on the day of an a primary, election, or runoff as provided in this subsection shall be a confidential process to maintain the secrecy of all ballots and to protect the disclosure of any balloting information before 7:00 P.M. on election day. No absentee ballots shall be counted tabulated before 7:00 P.M. A.M. on the day of a primary, election, or runoff day. (6) All persons conducting the tabulation of absentee ballots during the day of a primary, election, or runoff, including the vote review panel required by Code Section 21-2-483, and all monitors and observers shall be sequestered until the time for the closing of the polls. All such persons shall have no contact with the news media; shall have no contact with other persons not involved in monitoring, observing, or conducting the tabulation; shall not use any type of communication device including radios, telephones, and cellular telephones; shall not utilize computers for the purpose of electronic mail, instant messaging, or other forms of communication; and shall not communicate any information concerning the tabulation until the time for the closing of the polls; provided, however, that supervisory and technical assistance personnel shall be permitted to enter and leave the area in which the tabulation is being conducted but shall not communicate any information concerning the tabulation to

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anyone other than the county election superintendent; the staff of the superintendent; those persons conducting, observing, or monitoring the tabulation; and those persons whose technical assistance is needed for the tabulation process to operate. (7) The absentee ballots shall be tabulated in accordance with the procedures of this chapter for the tabulation of absentee ballots. As such ballots are tabulated, they shall be placed into locked ballot boxes and may be transferred to locked ballot bags, if needed, for security. The persons conducting the tabulation of the absentee ballots shall not cause the tabulating equipment to produce any count, partial or otherwise, of the absentee votes cast until the time for the closing of the polls. (b) As soon as practicable after 12:00 Noon 7:00 A.M. on the day of the primary, or election, or runoff, in precincts other than those in which optical scanning tabulators are used, a registrar or absentee ballot clerk shall deliver the official absentee ballot of each certified absentee elector, each rejected absentee ballot, applications for such ballots, and copies of the numbered lists of certified and rejected absentee electors to the manager in charge of the absentee ballot precinct of the county or municipality, which shall be located in the precincts containing the county courthouse or polling place designated by the municipal superintendent. In those precincts in which optical scanning tabulators are used, such absentee ballots shall be taken to the tabulation center or other place designated by the superintendent, and the official receiving such absentee ballots shall issue his or her receipt therefor. In Except as otherwise provided in this Code section, in no event shall the counting of the ballots begin before the polls close. (c) Except as otherwise provided in this Code section, after the close of the polls on the day of the primary, or election, or runoff, a manager shall then open the outer envelope in such manner as not to destroy the oath printed thereon and shall deposit the inner envelope marked 'Official Absentee Ballot' in a ballot box reserved for absentee ballots. In the event that an outer envelope is found to contain an absentee ballot that is not in an inner envelope, the ballot shall be sealed in an inner envelope, initialed and dated by the person sealing the inner envelope, and deposited in the ballot box and counted in the same manner as other absentee ballots, provided that such ballot is otherwise proper. Such manager with two assistant managers, appointed by the superintendent, with such clerks as the manager deems necessary shall count the absentee ballots following the procedures prescribed by this chapter for other ballots, insofar as practicable, and prepare an election return for the county or municipality showing the results of the absentee ballots cast in such county or municipality. (d) Any other provision of law to the contrary notwithstanding, if at any primary, general, or special election in any county any question is to be voted on involving any political subdivision which includes less than the entire county, all absentee ballots shall be separated by precinct for counting purposes; and separate returns shall be certified for each precinct in which absentee ballots were cast. (e) If an absentee elector's right to vote has been challenged for cause, a poll officer shall open the envelopes and write 'Challenged,' the elector's name, and the alleged cause of challenge on the back of the ballot, without disclosing the markings on the face

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thereof, and shall deposit the ballot in the box; and it shall be counted as other challenged ballots are counted. Where direct recording electronic voting systems are used for absentee balloting and a challenge to an elector's right to vote is made prior to the time that the elector votes, the elector shall vote on a paper or optical scanning ballot and such ballot shall be handled as provided in this subsection. The board of registrars or absentee ballot clerk shall promptly notify the elector of such challenge. (f) It shall be unlawful at any time prior to the close of the polls for any person to disclose or for any person to receive any information regarding the results of the tabulation of absentee ballots except as expressly provided by law."
SECTION 3. Said chapter is further amended by revising Code Section 21-2-388, relating to cancellation of absentee ballots of electors who are present in the election precinct during primaries and elections, as follows:
"21-2-388. When an absentee ballot which has been voted shall be returned to and received by the board of registrars, it shall be deemed to have been voted then and there; and no other absentee ballot shall be issued to the same elector. However, if If an elector who has requested to vote by absentee ballot based upon the reason that the elector is required to be absent from the elector's precinct during the time of the primary or election in which the elector desires to vote is present in the precinct of the elector's residence during the time the polls are open in any primary, election, or runoff for which the elector has requested an absentee ballot or if the elector's circumstances change and the elector is no longer eligible to vote by absentee ballot under Code Section 21-2-380 and has not received such absentee ballot, has such ballot in his or her possession, or has returned such ballot but the registrars have not received such ballot, such elector shall may have the absentee ballot canceled and vote in person on the day of the primary, election, or runoff in one of the following ways:
(1) by If the elector is in possession of the ballot, by surrendering the absentee ballot to the poll manager of the precinct in which the elector's name appears on the electors list and then being permitted to vote the regular ballot. The poll manager shall mark 'Canceled' and the date and time across the face of the absentee ballot and shall initial same. The poll manager shall also make appropriate notations beside the name of the elector on the electors list. All such canceled absentee ballots shall be returned with other ballots to the superintendent; or (2) If the elector has not received the ballot or if the elector has returned the ballot but the registrars have not received the ballot, by By appearing in person before the registrars or the absentee ballot clerk and requesting in writing that the envelope containing the elector's absentee ballot be marked 'Canceled.' After having satisfied themselves as to the identity of such elector, the registrars or the absentee ballot clerk shall grant the request and shall notify the managers of the elector's precinct as to such action so as to permit the elector to vote in person in that precinct. If the absentee ballot is in the possession of the registrars or the absentee ballot clerk, it shall be

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promptly marked 'Canceled' and the date and time written across the face of the envelope. If the absentee ballot is in the mail or its exact location is unknown, the registrar or the absentee ballot clerk shall write 'Canceled' beside the elector's name on the master list of absentee voters and shall cancel the ballot itself as soon as it is received. Canceled absentee ballots shall be disposed of in the same manner as provided in subsection (a) of Code Section 21-2-386 for absentee ballots returned too late to be cast."
SECTION 4. Said chapter is further amended by revising subsection (c) of Code Section 21-2-540, relating to special elections generally, as follows:
"(c)(1) Notwithstanding any other provision of law to the contrary, a special election to present a question to the voters or a special primary or special election to fill a vacancy in a county or municipal office shall be held only on one of the following dates which is at least 29 days after the date of the call for the special election:
(A) In odd-numbered years, any such special election shall only be held on: (i) The third Tuesday in March; (ii) The third Tuesday in June; (iii) The third Tuesday in September; or (iv) The Tuesday after the first Monday in November; and
(B) In even-numbered years, any such special election shall only be held on: (i) The third Tuesday in March; provided, however, that in the event that a special election is to be held under this provision in a year in which a presidential preference primary is to be held, then any such special election shall be held on the date of and in conjunction with the presidential preference primary; (ii) The date of the general primary; (iii) The third Tuesday in September; or (iv) The Tuesday after the first Monday in November.
(2) Notwithstanding any other provision of law to the contrary, a special election to present a question to the voters shall be held only on one of the following dates which is at least 29 days after the date of the call for the special election:
(A) In odd-numbered years, any such special election shall only be held on: (i) The third Tuesday in March; or (ii) The Tuesday after the first Monday in November; and
(B) In even-numbered years, any such special election shall only be held on: (i) The date of and in conjunction with the presidential preference primary if one is held that year; (ii) The date of the general primary; or (iii) The Tuesday after the first Monday in November.
(2)(3) The provisions of this subsection shall not apply to: (A) Special elections held pursuant to Chapter 4 of this title, the 'Recall Act of 1989,' to recall a public officer or to fill a vacancy in a public office caused by a recall election; and

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(B) Special primaries or special elections to fill vacancies in federal or state public offices."
SECTION 5. Section 4 of this Act shall become effective on January 1, 2009. The remaining sections of this Act shall become effective on July 1, 2007.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by the Committee on Rules, was read and adopted:
A BILL
To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide that certain election officials shall be certified by a certain date; to change the date of the presidential preference primary in Georgia; to change the date by which the parties must submit names to the Secretary of State for inclusion on the ballot and the date on which the Secretary of State shall publish such list of names; 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 that a person may cancel his or her absentee ballot under certain circumstances; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, is amended by revising subsection (a) of Code Section 21-2-101, relating to certification program for election superintendents or election board designee, as follows:
"(a) All election superintendents or, in the case of a board of elections or a board of elections and registration, the designee of such board charged with the daily operations of such board shall become certified by completing a certification program approved by the Secretary of State by no later than January 1, 2007 December 31 of the year in which they are appointed. Such program may include instruction on, and may require the superintendent to demonstrate proficiency in, the operation of the state's direct recording electronic voting equipment and in state and federal law and procedures related to elections. The local government employing the superintendent or designee shall cover the costs, if any, incurred by such superintendent or designee's participation

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in the certification program. Such certification programs shall be offered by the Secretary of State on multiple occasions before January 1, 2007, December 31 of the year in which such superintendents or designees are appointed and shall not exceed 64 hours of classroom, online, and practical instruction as authorized and approved by the Secretary of State."
SECTION 2. Said chapter is further amended by revising Code Section 21-2-191, relating to parties entitled to hold primaries and the dates for such primaries, as follows:
"21-2-191. As provided in this article, a presidential preference primary shall be held in 1992 2008 and every four years thereafter for each political party or body which has cast for its candidates for President and Vice President in the last presidential election more than 20 percent of the total vote cast for President and Vice President in the state, so that the electors may express their preference for one person to be the candidate for nomination by such person's party or body for the office of President of the United States; provided, however, that no elector shall vote in the primary of more than one political party or body in the same presidential preference primary. Such primary shall be held on March 3, 1992 February 5, 2008, and on the first Tuesday in March February every four years thereafter. A state political party or body may by rule choose to elect any portion of its delegates to that party's or body's presidential nominating convention in the primary; and, if a state political party or body chooses to elect any portion of its delegates, such state political party or body shall establish the qualifying period for those candidates for delegate and delegate alternate positions which are to be elected in the primary and for any party officials to be elected in the primary and shall also establish the date on which state and county party executive committees shall certify to the Secretary of State or the superintendent, as the case may be, the names of any such candidates who are to be elected in the primary; provided, however, that such dates shall not be later than December 31 in November 1 of the year preceding the year in which the presidential preference primary is to be held."
SECTION 3. Said chapter is further amended by revising Code Section 21-2-193, relating to list of names of candidates to appear on ballot, as follows:
"21-2-193. Not later than December 31 in November 1 of the year preceding the year in which a presidential preference primary is to be held, the state executive committee of each party which is to conduct a presidential preference primary shall submit to the Secretary of State a list of the names of the candidates of such party to appear on the presidential preference primary ballot. Such lists shall be published by the Secretary of State in a newspaper of general circulation in the state during the first week of January December in the year immediately preceding the year in which the presidential preference primary is to be held."

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SECTION 4. Said chapter is further amended by revising Code Section 21-2-386, relating to safekeeping, certification, and validation of absentee ballots, as follows:
"21-2-386. (a)(1)(A) The board of registrars or absentee ballot clerk shall keep safely and unopened all official absentee ballots received from absentee electors prior to the closing of the polls on the day of the primary or election except as otherwise provided in this subsection. (B) Upon receipt of each ballot, a registrar or clerk shall write the day and hour of the receipt of the ballot on its envelope. The registrar or clerk shall then compare the identifying information on the oath with the information on file in his or her office, shall compare the signature or mark on the oath with the signature or mark on the absentee elector's voter registration card and application for absentee ballot or a facsimile of said signature or mark taken from said card or application, and shall, if the information and signature appear to be valid and other identifying information appears to be correct, so certify by signing or initialing his or her name below the voter's oath. Each elector's name so certified shall be listed by the registrar or clerk on the numbered list of absentee voters prepared for his or her precinct. (C) If the elector has failed to sign the oath, or if the signature does not appear to be valid, or if the elector has failed to furnish required information or information so furnished does not conform with that on file in the registrar's or clerk's office, or if the elector is otherwise found disqualified to vote, the registrar or clerk shall write across the face of the envelope 'Rejected,' giving the reason therefor. The board of registrars or absentee ballot clerk shall promptly notify the elector of such rejection, a copy of which notification shall be retained in the files of the board of registrars or absentee ballot clerk for at least one year. (D) An elector who registered to vote by mail, but did not comply with subsection (c) of Code Section 21-2-220, and who votes for the first time in this state by absentee ballot shall include with his or her application for an absentee ballot or in the outer oath envelope of his or her absentee ballot either one of the forms of identification listed in subsection (a) of Code Section 21-2-417 or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of such elector. If such elector does not provide any of the forms of identification listed in this subparagraph with his or her application for an absentee ballot or with the absentee ballot, such absentee ballot shall be deemed to be a provisional ballot and such ballot shall only be counted if the registrars are able to verify current and valid identification of the elector as provided in this subparagraph within the time period for verifying provisional ballots pursuant to Code Section 21-2-419. (E) Three copies of the numbered list of voters shall also be prepared for such rejected absentee electors, giving the name of the elector and the reason for the rejection in each case. Three copies of the numbered list of certified absentee voters and three copies of the numbered list of rejected absentee voters for each precinct

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shall be turned over to the poll manager in charge of counting the absentee ballots and shall be distributed as required by law for numbered lists of voters. (F) All absentee ballots returned to the board or absentee ballot clerk after the closing of the polls on the day of the primary or election shall be safely kept unopened by the board or absentee ballot clerk and then transferred to the appropriate clerk for storage for the period of time required for the preservation of ballots used at the primary or election and shall then, without being opened, be destroyed in like manner as the used ballots of the primary or election. The board of registrars or absentee ballot clerk shall promptly notify the elector by first-class mail that the elector's ballot was returned too late to be counted and that the elector will not receive credit for voting in the primary or election. All such late absentee ballots shall be delivered to the appropriate clerk and stored as provided in Code Section 21-2-390. (G) Notwithstanding any provision of this chapter to the contrary, until the United States Department of Defense notifies the Secretary of State that the Department of Defense has implemented a system of expedited absentee voting for those electors covered by this subparagraph, absentee ballots cast in a primary, election, or runoff by eligible absentee electors who reside outside the county or municipality in which the primary, runoff or election, or runoff is held and are members of the armed forces of the United States, members of the merchant marine of the United States, spouses or dependents of members of the armed forces or merchant marine residing with or accompanying such members, or overseas citizens that are postmarked by the date of such primary, election, or runoff and are received within the three-day period following such primary, election, or runoff, if proper in all other respects, shall be valid ballots and shall be counted and included in the certified election results. (2) After 12:00 Noon and until the closing the opening of the polls on the day of the primary, or election, or runoff, the registrars or absentee ballot clerks shall be authorized to open the outer envelope on which is printed the oath of the elector in such a manner as not to destroy the oath printed thereon; provided, however, that the registrars or absentee ballot clerk shall not be authorized to remove the contents of such outer envelope or to open the inner envelope marked 'Official Absentee Ballot,' except as otherwise provided in this Code section. At least three persons who are registrars, deputy registrars, poll workers, or absentee ballot clerks must be present before commencing; and three persons who are registrars, deputy registrars, or absentee ballots clerks shall be present at all times while the outer envelopes are being opened. After opening the outer envelopes, the ballots shall be safely and securely stored until the time for tabulating such ballots. (3) A county If the election superintendent desires to open the inner envelopes containing the absentee ballots after 3:00 P.M., but before 7:00 P.M., may, in his or her discretion, after 7:00 A.M. on the day of the primary, election, the election superintendent shall petition in writing the chief judge of the superior court of the county or, if such judge is a candidate in such election, such petition shall be

FRIDAY, APRIL 20, 2007

4297

submitted to the administrative judge of the judicial administrative district in which such county is located who shall assign such petition to a judge of the district who is not a candidate in such election at least seven days prior to the election for permission to or runoff open the inner envelopes in accordance with the procedures prescribed in this subsection. Such petition shall contain the names of persons designated to act as monitors of the process of opening the inner envelopes by the election superintendent or his or her designee. The and begin tabulating the absentee ballots. If the county election superintendent chooses to open the inner envelopes and begin tabulating such ballots prior to the close of the polls on the day of the primary, election, or runoff, the superintendent shall notify in writing, at least seven days prior to the primary, election, or runoff, the county executive committee or, if there is no organized county executive committee, the state executive committee of each political party and political body having candidates whose names appear on the ballot for such election in such county and each independent and nonpartisan candidate whose name appears on the ballot for such primary, election, or runoff in such county of the superintendent's intent to begin the absentee ballot tabulation prior to the close of the polls and their right to appoint monitors to observe the tabulation. Such committee shall have the right to designate two persons and each independent and nonpartisan candidate whose name appears on the ballot for such election in such county shall have the right to designate one person to act as monitors. Such executive committees and candidates shall be given notice by the election superintendent of the superintendent's intent to request permission to open the inner envelopes early and their right to designate monitors. The executive committees and candidates shall be given at least seven days after the notice by the election superintendent to designate monitors for inclusion in the petition for such process. In the event that the only issue to be voted upon in an election is a referendum question, the chief judge of the superior court of the county shall appoint two electors of the county to monitor such process. (4) The county election superintendent shall publish a written notice in the superintendent's office of the superintendent's intent to begin the absentee ballot tabulation prior to the close of the polls and publish such notice at least one week prior to the primary, election, or runoff in the legal organ of the county. The chief judge, after considering the petition, shall authorize the opening of the inner envelope of the absentee ballots provided that the names of the persons to serve as monitors on behalf of the political parties, political bodies, independent candidates, and nonpartisan candidates are submitted in the petition by the election superintendent. The judge shall:
(A) Designate the location where the inner envelopes shall be opened within the county; (B) Designate additional monitors for the process to be present during the opening of the inner envelopes, if the judge deems such persons necessary; (C) Administer an oath to each person who shall serve as a monitor and to each election official who shall participate in any manner in the process of opening the

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inner envelopes to which such persons shall swear or affirm that no inner envelopes shall be opened unless all monitors are present in the location designated by the judge, unless such monitor shall specifically give his or her permission for such process to continue in his or her absence; that no attempt shall be made to ascertain how any ballot was voted or to view the contents of any ballot; that no monitor shall handle, touch, or possess any ballot; and that no discussion of the procedure or of anything viewed during the opening of the envelopes will be held with any person who is not a part of the opening process before 7:00 P.M. on the day of the election; (D) Designate no less than two persons to take possession of and keep secure all such opened envelopes and ballots at all times prior to such envelopes and ballots being released to the manager of the absentee ballot precinct for counting; and (E) Provide such additional conditions and requirements as he or she deems necessary to preserve the integrity and confidentiality of such process, including instructions to monitors and election officials for the reporting of any unauthorized activity. Intentional and willful violation of such oath shall be a felony punishable pursuant to Code Section 21-2-600. (5) The process for opening the inner envelopes of and tabulating absentee ballots after 12:00 Noon and before 7:00 P.M. on the day of an a primary, election, or runoff as provided in this subsection shall be a confidential process to maintain the secrecy of all ballots and to protect the disclosure of any balloting information before 7:00 P.M. on election day. No absentee ballots shall be counted tabulated before 7:00 P.M. A.M. on the day of a primary, election, or runoff day. (6) All persons conducting the tabulation of absentee ballots during the day of a primary, election, or runoff, including the vote review panel required by Code Section 21-2-483, and all monitors and observers shall be sequestered until the time for the closing of the polls. All such persons shall have no contact with the news media; shall have no contact with other persons not involved in monitoring, observing, or conducting the tabulation; shall not use any type of communication device including radios, telephones, and cellular telephones; shall not utilize computers for the purpose of electronic mail, instant messaging, or other forms of communication; and shall not communicate any information concerning the tabulation until the time for the closing of the polls; provided, however, that supervisory and technical assistance personnel shall be permitted to enter and leave the area in which the tabulation is being conducted but shall not communicate any information concerning the tabulation to anyone other than the county election superintendent; the staff of the superintendent; those persons conducting, observing, or monitoring the tabulation; and those persons whose technical assistance is needed for the tabulation process to operate. (7) The absentee ballots shall be tabulated in accordance with the procedures of this chapter for the tabulation of absentee ballots. As such ballots are tabulated, they shall be placed into locked ballot boxes and may be transferred to locked ballot bags, if needed, for security. The persons conducting the tabulation of the absentee ballots

FRIDAY, APRIL 20, 2007

4299

shall not cause the tabulating equipment to produce any count, partial or otherwise, of the absentee votes cast until the time for the closing of the polls. (b) As soon as practicable after 12:00 Noon 7:00 A.M. on the day of the primary, or election, or runoff, in precincts other than those in which optical scanning tabulators are used, a registrar or absentee ballot clerk shall deliver the official absentee ballot of each certified absentee elector, each rejected absentee ballot, applications for such ballots, and copies of the numbered lists of certified and rejected absentee electors to the manager in charge of the absentee ballot precinct of the county or municipality, which shall be located in the precincts containing the county courthouse or polling place designated by the municipal superintendent. In those precincts in which optical scanning tabulators are used, such absentee ballots shall be taken to the tabulation center or other place designated by the superintendent, and the official receiving such absentee ballots shall issue his or her receipt therefor. In Except as otherwise provided in this Code section, in no event shall the counting of the ballots begin before the polls close. (c) Except as otherwise provided in this Code section, after the close of the polls on the day of the primary, or election, or runoff, a manager shall then open the outer envelope in such manner as not to destroy the oath printed thereon and shall deposit the inner envelope marked 'Official Absentee Ballot' in a ballot box reserved for absentee ballots. In the event that an outer envelope is found to contain an absentee ballot that is not in an inner envelope, the ballot shall be sealed in an inner envelope, initialed and dated by the person sealing the inner envelope, and deposited in the ballot box and counted in the same manner as other absentee ballots, provided that such ballot is otherwise proper. Such manager with two assistant managers, appointed by the superintendent, with such clerks as the manager deems necessary shall count the absentee ballots following the procedures prescribed by this chapter for other ballots, insofar as practicable, and prepare an election return for the county or municipality showing the results of the absentee ballots cast in such county or municipality. (d) Any other provision of law to the contrary notwithstanding, if at any primary, general, or special election in any county any question is to be voted on involving any political subdivision which includes less than the entire county, all absentee ballots shall be separated by precinct for counting purposes; and separate returns shall be certified for each precinct in which absentee ballots were cast. (e) If an absentee elector's right to vote has been challenged for cause, a poll officer shall open the envelopes and write 'Challenged,' the elector's name, and the alleged cause of challenge on the back of the ballot, without disclosing the markings on the face thereof, and shall deposit the ballot in the box; and it shall be counted as other challenged ballots are counted. Where direct recording electronic voting systems are used for absentee balloting and a challenge to an elector's right to vote is made prior to the time that the elector votes, the elector shall vote on a paper or optical scanning ballot and such ballot shall be handled as provided in this subsection. The board of registrars or absentee ballot clerk shall promptly notify the elector of such challenge.

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(f) It shall be unlawful at any time prior to the close of the polls for any person to disclose or for any person to receive any information regarding the results of the tabulation of absentee ballots except as expressly provided by law."
SECTION 5. Said chapter is further amended by revising Code Section 21-2-388, relating to cancellation of absentee ballots of electors who are present in the election precinct during primaries and elections, as follows:
"21-2-388. When an absentee ballot which has been voted shall be returned to and received by the board of registrars, it shall be deemed to have been voted then and there; and no other absentee ballot shall be issued to the same elector. However, if If an elector who has requested to vote by absentee ballot based upon the reason that the elector is required to be absent from the elector's precinct during the time of the primary or election in which the elector desires to vote is present in the precinct of the elector's residence during the time the polls are open in any primary, election, or runoff for which the elector has requested an absentee ballot or if the elector's circumstances change and the elector is no longer eligible to vote by absentee ballot under Code Section 21-2-380 and has not received such absentee ballot, has such ballot in his or her possession, or has returned such ballot but the registrars have not received such ballot, such elector shall may have the absentee ballot canceled and vote in person on the day of the primary, election, or runoff in one of the following ways:
(1) by If the elector is in possession of the ballot, by surrendering the absentee ballot to the poll manager of the precinct in which the elector's name appears on the electors list and then being permitted to vote the regular ballot. The poll manager shall mark 'Canceled' and the date and time across the face of the absentee ballot and shall initial same. The poll manager shall also make appropriate notations beside the name of the elector on the electors list. All such canceled absentee ballots shall be returned with other ballots to the superintendent; or (2) If the elector has not received the ballot or if the elector has returned the ballot but the registrars have not received the ballot, by By appearing in person before the registrars or the absentee ballot clerk and requesting in writing that the envelope containing the elector's absentee ballot be marked 'Canceled.' After having satisfied themselves as to the identity of such elector, the registrars or the absentee ballot clerk shall grant the request and shall notify the managers of the elector's precinct as to such action so as to permit the elector to vote in person in that precinct. If the absentee ballot is in the possession of the registrars or the absentee ballot clerk, it shall be promptly marked 'Canceled' and the date and time written across the face of the envelope. If the absentee ballot is in the mail or its exact location is unknown, the registrar or the absentee ballot clerk shall write 'Canceled' beside the elector's name on the master list of absentee voters and shall cancel the ballot itself as soon as it is received. Canceled absentee ballots shall be disposed of in the same manner as

FRIDAY, APRIL 20, 2007

4301

provided in subsection (a) of Code Section 21-2-386 for absentee ballots returned too late to be cast."

SECTION 6. This Act shall become effective on July 1, 2007.

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell
Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Dempsey Y Dickson 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 N Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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
Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown
Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord N Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Martin E Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan
Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton
Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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On the passage of the Bill, by substitute, the ayes were 160, nays 2.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Dempsey of the 13th 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 168. By Senators Smith of the 52nd, Butler of the 55th, Moody of the 56th, Mullis of the 53rd, Seay of the 34th and others:

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 enact the "Deaf Child's Bill of Rights Act"; to provide for legislative findings; to provide for a definition; to require that a school system will take into account the specific communication needs of a deaf student; to provide for the explanation of options to the parent or guardian of a deaf student; to provide that a deaf student shall not be denied the opportunity for instruction in a particular communication mode or language; to provide for statutory construction; 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns
Butler Y Byrd

Y Dempsey Y Dickson
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 Frazier Y Freeman Y Gardner Y Geisinger

Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James
Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S
Jordan Y Kaiser Y Keen

Martin E Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan
Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C
Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens

FRIDAY, APRIL 20, 2007

4303

Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox
Mangham E Manning Y Marin

Y Parrish Y Parsons Y Peake Y Porter Y Powell
Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, M 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 170. By Senators Smith of the 52nd, Moody of the 56th, Mullis of the 53rd, Butler of the 55th, Seay of the 34th and others:

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 provide that American Sign Language can be used to fulfill the foreign language requirements for a college preparatory diploma for any student; 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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J

Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs
James Y Jamieson Y Jenkins Y Jerguson

Martin E Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan
Morris Mosby

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon
Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L

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Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Fludd Y Forster Y Franklin
Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Johnson, C E Johnson, T Y Jones, J Y Jones, S
Jordan Y Kaiser Y Keen Y Keown Y Knight
Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas
Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts
Rogers Y Royal
Rynders Y Sailor Y Scott, A

Y Smith, R Y Smith, T Y Smith, V
Smyre Stanley-Turner Y Starr Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Williams, E Y Williams, M 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 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.

SB 172. By Senator Goggans of the 7th:

A BILL to be entitled an Act to amend provisions of the Official Code of Georgia Annotated relating to public employee health care; to amend Article 6 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the Georgia Retiree Health Benefit Fund, so as to provide for reports to the board of community health; 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 Abrams

Y Dempsey Y Dickson

Y Holt Y Horne

Y Martin E Maxwell

Scott, M Y Sellier

FRIDAY, APRIL 20, 2007

4305

Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B
Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James N Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S
Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Setzler Y Shaw
Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B
Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson
Willard Y Williams, A
Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 164, nays 1.

The Bill, having received the requisite constitutional majority, was passed.

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 95. By Representatives Richardson of the 19th, Harbin of the 118th, Golick of the 34th, Burkhalter of the 50th, Keen of the 179th and others:

A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008; and for other purposes.

The following report of the Committee of Conference was read:

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COMMITTEE OF CONFERENCE REPORT ON HB 95

The Committee of Conference on HB 95 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 95 be adopted.

Respectfully submitted,

FOR THE HOUSE OF REPRESENTATIVES:

FOR THE SENATE:

/s/ Ben Harbin Senator, 118th District

/s/ Jack Hill Representative, 4th District

/s/ Jerry Keen Senator, 179th District

/s/ Eric Johnson Representative, 1st District

/s/ Mark Burkhalter Senator, 50th District

/s/ Tommie Williams Representative, 19th District

FRIDAY, APRIL 20, 2007

4307

A BILL

To make and provide appropriations for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008; 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, an 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, 2007, and ending June 30, 2008:

HB 95

Governor

House

Senate

CC

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 Admin.-Planning & Construction CFDA20.205 Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568

$20,230,620,936 $20,230,620,936 $20,230,620,936 $20,230,620,936

$3,063,194

$3,063,194

$3,063,194

$3,063,194

$841,554,506 $841,554,506 $841,554,506 $841,554,506

$922,844,400 $922,844,400 $922,844,400 $922,844,400

$18,314,814,495 $18,314,814,495 $18,314,814,495 $18,314,814,495

$148,344,341 $148,344,341 $148,344,341 $148,344,341

$10,317,397,172 $10,097,667,417 $10,033,941,835 $10,012,609,079

$81,488,750 $81,488,750 $81,488,750 $81,488,750

$92,809,079 $92,809,079 $92,809,079 $92,809,079

$12,840,422 $12,840,422 $12,840,422 $12,840,422

$17,189,252 $17,189,252 $17,189,252 $17,189,252

$2,123,731,900 $2,124,192,634 $2,074,273,735 $2,074,273,735

$1,316,295,175 $1,316,295,175 $1,310,432,809 $1,310,432,809

$94,992,741 $94,992,741 $107,996,406 $104,398,187

$18,970,241 $18,970,241 $18,970,241 $18,970,241

4308

JOURNAL OF THE HOUSE

Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Grant CFDA93.959 Preventive Health & Health Services Block Grant CFDA93.991 Social Services Block Grant CFDA93.667 State Children's Insurance Program CFDA93.767 Temporary Assistance for Needy Families
Temporary Assistance for Needy Families Grant CFDA93.558 TANF Transfers to Child Care Development Fund per 42 USC 604 TANF Unobligated Balance per 42 USC 604 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures TANF Maintenance-of-Effort from External Sources Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances General Obligation Debt Reserve-State General Funds General Obligation Debt Reserve-State Motor Fuel Funds Reserved Fund Balances Not Itemized Interest and Investment Income Interest and Investment Income Not Itemized Intergovernmental Transfers Hospital Authorities 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 Record Center Storage Fees Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$17,348,033 $5,662,150,871
$50,960,435 $4,203,961 $50,566,792 $265,029,680 $368,024,967 $368,024,967
$140,794,873 $3,840,852,360
$27,169,821 $20,000,000 $7,169,821 $317,846,073
$317,846,073 $5,811,025 $5,811,025
$1,914,844,388 $229,301,343
$1,685,543,045 $65,427,996 $65,427,996 $6,077,075 $6,077,075
$1,503,185,932 $435,771
$1,502,750,161 $490,050 $490,050
$3,258,426,000

$17,348,033 $5,465,549,368
$50,960,435 $4,203,961 $50,566,792 $241,440,694 $368,024,967 $368,024,967
$140,794,873 $3,763,224,936
$27,169,821 $20,000,000 $7,169,821 $239,886,436
$239,886,436 $5,811,025 $5,811,025
$1,914,844,388 $229,301,343
$1,685,543,045 $65,427,996 $65,427,996 $6,077,075 $6,077,075
$1,503,518,145 $435,771
$1,503,082,374 $490,050 $490,050
$3,259,101,202

$17,348,033 $5,512,108,105
$50,960,435 $4,203,961 $50,566,792 $241,440,694 $368,024,967 $338,324,967 $29,700,000 $73,288,154 $3,895,252,484 $53,169,821 $46,000,000 $7,169,821 $346,019,580 $67,648,144 $37,385,000 $240,986,436 $3,020,699 $3,020,699 $1,914,844,388 $229,301,343 $1,685,543,045 $65,427,996 $65,427,996 $6,077,075 $6,077,075 $1,506,202,875
$435,771 $1,505,767,104
$490,050 $490,050 $3,256,137,700

$17,348,033 $5,494,373,568
$50,960,435 $4,203,961 $50,566,792 $241,440,694 $368,024,967 $338,324,967 $29,700,000 $73,288,154 $3,903,045,149 $53,169,821 $46,000,000 $7,169,821 $353,812,245 $67,648,144 $37,385,000 $248,779,101 $3,020,699 $3,020,699 $1,914,844,388 $229,301,343 $1,685,543,045 $65,427,996 $65,427,996 $6,077,075 $6,077,075 $1,506,202,875
$435,771 $1,505,767,104
$490,050 $490,050 $3,256,137,700

FRIDAY, APRIL 20, 2007

4309

State Funds Transfers Accounting System Assessments Administrative Hearing Payments Agency to Agency Contracts Air Transportation Charges Health Insurance Payments Legal Services - Client Reimbursable per OCGA 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
Federal Funds Transfers FF Child Support Enforcement Title IV-D CFDA93.563 FF Foster Care Title IV-E CFDA93.658 FF Medical Assistance Program CFDA93.778 FF National School Lunch Program CFDA10.555 FF Temporary Assistance for Needy Families CFDA93.558 FF Water Quality Management Planning CFDA66.454
TOTAL PUBLIC FUNDS
Changes in Fund Availability
TOTAL STATE FUNDS Brain and Spinal Injury Trust Fund State Motor Fuel Funds State General Funds

$3,224,669,566 $3,225,244,768 $3,225,281,266 $3,225,281,266

$8,973,456

$8,973,456

$8,973,456

$8,973,456

$608,684

$608,684

$608,684

$608,684

$7,733,588

$7,733,588

$7,733,588

$7,733,588

$657,795

$657,795

$657,795

$657,795

$2,706,910,736 $2,706,910,736 $2,706,910,736 $2,706,910,736

$21,801,423 $21,801,423 $21,801,423 $21,801,423

$51,790,715 $51,790,715 $51,804,479 $51,804,479

$1,643,823

$1,643,823

$1,649,701

$1,649,701

$12,832,152 $13,407,354 $13,407,354 $13,407,354

$333,430

$333,430

$333,430

$333,430

$1,492,077

$1,492,077

$1,494,118

$1,494,118

$280,857,263 $280,857,263 $280,857,263 $280,857,263

$20,678,179 $20,678,179 $20,678,179 $20,678,179

$991,080

$991,080

$999,895

$999,895

$42,638,154 $42,638,154 $42,644,154 $42,644,154

$759,169

$759,169

$759,169

$759,169

$8,046,494

$8,046,494

$8,046,494

$8,046,494

$55,921,348 $55,921,348 $55,921,348 $55,921,348

$33,756,434 $33,856,434 $30,856,434 $30,856,434

$1,767,046

$1,767,046

$1,767,046

$1,767,046

$5,237,264

$5,237,264

$5,237,264

$5,237,264

$9,134,410

$9,134,410

$9,134,410

$9,134,410

$3,860,591

$3,860,591

$3,860,591

$3,860,591

$13,400,000 $13,500,000 $10,500,000 $10,500,000

$357,123

$357,123

$357,123

$357,123

$34,388,870,468 $34,091,513,289 $34,159,815,255 $34,146,275,164

$1,576,056,878 $55,503
$121,085,000 $1,484,090,421

$1,576,056,878 $55,503
$121,085,000 $1,484,090,421

$1,576,056,878 $55,503
$121,085,000 $1,484,090,421

$1,576,056,878 $55,503
$121,085,000 $1,484,090,421

4310

JOURNAL OF THE HOUSE

Tobacco Settlement Funds TOTAL FEDERAL FUNDS
Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized Federal Highway Admin.-Planning & Construction CFDA20.205 Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767 Temporary Assistance for Needy Families
Temporary Assistance for Needy Families Grant CFDA93.558 TANF Transfers to Child Care Development Fund per 42 USC 604 TANF Unobligated Balance per 42 USC 604 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures TANF Maintenance-of-Effort from External Sources Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances General Obligation Debt Reserve-State General Funds General Obligation Debt Reserve-State Motor Fuel Funds 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 Sales and Services Record Center Storage Fees Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Health Insurance Payments

($29,174,046) $610,672,752
$64,690 $4,119,211 $164,413,241 ($200,000) $451,676,980 $14,998,630 ($24,400,000) ($24,400,000)
($77,432,460) ($10)
($10) ($27,838,468)
($27,838,468) $3,437,281 $3,437,281 ($1,084,940) ($1,084,940) ($3,039,500) ($3,039,500)
($48,906,823) $2,018
($48,908,841) $280,289,635 $276,889,635
($263,791) $276,236,411

($29,174,046) $399,391,997
$64,690 $4,579,945 $164,413,241 ($200,000) $255,075,477 ($8,590,356) ($15,951,000) ($15,951,000)
($155,059,884) ($10)
($10) ($105,798,105)
($105,798,105) $3,437,281 $3,437,281 ($1,084,940) ($1,084,940) ($3,039,500) ($3,039,500)
($48,574,610) $2,018
($48,576,628) $280,964,837 $277,464,837
($263,791) $276,236,411

($29,174,046) $362,124,993
$64,690 ($45,338,954) $158,550,875 $12,803,665 $301,634,214
($8,590,356) $10,507,578 ($19,192,422) $29,700,000 ($67,506,719) ($23,032,336) $25,999,990 $26,000,000
($10) $335,039 $67,648,144 $37,385,000 ($104,698,105) $646,955 $646,955 ($1,084,940) ($1,084,940) ($3,039,500) ($3,039,500) ($45,889,880)
$2,018 ($45,891,898) $278,001,335 $277,501,335
($263,791) $276,236,411

($29,174,046) $340,792,237
$64,690 ($45,338,954) $158,550,875
$9,205,446 $283,899,677
($8,590,356) $10,507,578 ($19,192,422) $29,700,000 ($67,506,719) ($15,239,671) $25,999,990 $26,000,000
($10) $8,127,704 $67,648,144 $37,385,000 ($96,905,440)
$646,955 $646,955 ($1,084,940) ($1,084,940) ($3,039,500) ($3,039,500) ($45,889,880)
$2,018 ($45,891,898) $278,001,335 $277,501,335
($263,791) $276,236,411

FRIDAY, APRIL 20, 2007

4311

Liability Funds Mail and Courier Services Merit System Assessments Motor Vehicle Rental Payments Optional Medicaid Services Payments Rental Payments Retirement Payments Federal Funds Transfers FF Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS
Reconciliation of Fund Availability to Fund Application
TOTAL FEDERAL FUNDS Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
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

$25,899

$25,899

$39,663

$39,663

$5,462

$5,462

$11,340

$11,340

$575,202

$575,202

$575,202

($350,368)

($350,368)

($348,327)

($348,327)

$134,240

$134,240

$134,240

$134,240

$8,815

$8,815

$1,101,782

$1,101,782

$1,107,782

$1,107,782

$3,400,000

$3,500,000

$500,000

$500,000

$3,400,000

$3,500,000

$500,000

$500,000

$2,389,586,805 $2,101,353,828 $2,193,150,870 $2,179,610,779

$34,907,578 $34,907,578 $34,907,578

$26,458,578 $26,458,578 $26,458,578

Section Total - Continuation

$9,779,214 $9,779,214 $9,779,214

$9,779,214 $9,779,214 $9,779,214

$9,779,214 $9,779,214 $9,779,214

$9,779,214 $9,779,214 $9,779,214

$10,077,484 $10,077,484 $10,077,484

Section Total - Final
$10,077,484 $11,242,603 $10,077,484 $11,242,603 $10,077,484 $11,242,603

$10,942,603 $10,942,603 $10,942,603

Continuation Budget

$838,701 $838,701 $838,701

$838,701 $838,701 $838,701

$838,701 $838,701 $838,701

$838,701 $838,701 $838,701

4312

JOURNAL OF THE HOUSE

1.1 Increase funds according to the request of the Georgia Senate.

State General Funds

$94,203

$94,203

$337,961

$337,961

1.2 Increase funds for a Jobs' Advocate position to serve as a corporation/government liaison and promote economic development.

State General Funds

$150,000

$150,000

1.0Lieutenant Governor's Office

Appropriation (HB 95)

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Secretary of the Senate's Office
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
2.1 Increase funds according to the request of the Georgia Senate. State General Funds
2.0Secretary of the Senate's Office
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Senate
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
3.1 Increase funds according to the request of the Georgia Senate.

$932,904 $932,904 $932,904
$1,198,966 $1,198,966 $1,198,966

$932,904 $932,904 $932,904

$1,326,662 $1,326,662 $1,326,662

Continuation Budget

$1,198,966 $1,198,966 $1,198,966

$1,198,966 $1,198,966 $1,198,966

$1,326,662 $1,326,662 $1,326,662
$1,198,966 $1,198,966 $1,198,966

$75,457

$75,457

$108,400

Appropriation (HB 95)

$1,274,423 $1,274,423 $1,274,423

$1,274,423 $1,274,423 $1,274,423

$1,307,366 $1,307,366 $1,307,366

Continuation Budget

$6,738,774 $6,738,774 $6,738,774

$6,738,774 $6,738,774 $6,738,774

$6,738,774 $6,738,774 $6,738,774

$108,400
$1,307,366 $1,307,366 $1,307,366
$6,738,774 $6,738,774 $6,738,774

FRIDAY, APRIL 20, 2007

4313

State General Funds

$123,870

$123,870

$340,531

$340,531

3.2 Increase funds for the creation of the Mental Health Service Delivery Commission according to SR363 (2007 Session) and a water study. (CC:Move to Joint Office)

State General Funds

$300,000

$0

3.3 Increase funds for the Senate members' per diem.

State General Funds

$181,665

$181,665

3.0 Senate

Appropriation (HB 95)

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$6,862,644 $6,862,644 $6,862,644

$6,862,644 $6,862,644 $6,862,644

$7,560,970 $7,560,970 $7,560,970

Senate Budget and Evaluation Office

Continuation Budget

The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,002,773 $1,002,773 $1,002,773

$1,002,773 $1,002,773 $1,002,773

$1,002,773 $1,002,773 $1,002,773

4.1 Increase funds according to the request of the Georgia Senate. State General Funds

$4,740

$4,740

$44,832

4.0Senate Budget and Evaluation Office

Appropriation (HB 95)

The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,007,513 $1,007,513 $1,007,513

$1,007,513 $1,007,513 $1,007,513

$1,047,605 $1,047,605 $1,047,605

Section 2: Georgia House of Representatives

Section Total - Continuation

$7,260,970 $7,260,970 $7,260,970
$1,002,773 $1,002,773 $1,002,773
$44,832
$1,047,605 $1,047,605 $1,047,605

4314

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$17,491,660 $17,491,660 $17,491,660

$17,491,660 $17,491,660 $17,491,660

$17,491,660 $17,491,660 $17,491,660

$17,491,660 $17,491,660 $17,491,660

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$17,919,412 $17,919,412 $17,919,412

Section Total - Final
$18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716

$18,995,716 $18,995,716 $18,995,716

House of Representatives

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$17,491,660 $17,491,660 $17,491,660

$17,491,660 $17,491,660 $17,491,660

$17,491,660 $17,491,660 $17,491,660

$17,491,660 $17,491,660 $17,491,660

5.1 Increase funds according to the request of the Georgia House of Representatives.

State General Funds

$427,752

$427,752

$427,752

$427,752

5.2 Increase funds for House members' per diem.

State General Funds

$512,145

$512,145

$512,145

5.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$537,576

$537,576

$537,576

5.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$26,583

$26,583

$26,583

5.0House of Representatives

Appropriation (HB 95)

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$17,919,412 $17,919,412 $17,919,412

$18,995,716 $18,995,716 $18,995,716

$18,995,716 $18,995,716 $18,995,716

$18,995,716 $18,995,716 $18,995,716

FRIDAY, APRIL 20, 2007

4315

Section 3: Georgia General Assembly Joint Offices

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$9,078,281 $9,078,281 $9,078,281

$9,078,281 $9,078,281 $9,078,281

$9,078,281 $9,078,281 $9,078,281

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$9,502,391 $9,502,391 $9,502,391

Section Total - Final

$9,725,594 $9,725,594 $9,725,594

$9,725,594 $9,725,594 $9,725,594

Ancillary Activities

Continuation Budget

The purpose of this appropriation is to provide services for the legislative branch of government.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,833,123 $3,833,123 $3,833,123

$3,833,123 $3,833,123 $3,833,123

$3,833,123 $3,833,123 $3,833,123

$9,078,281 $9,078,281 $9,078,281
$9,925,594 $9,925,594 $9,925,594
$3,833,123 $3,833,123 $3,833,123

6.1 Increase funds according to the request of the Georgia General Assembly.

State General Funds

$357,619

$357,619

$357,619

$357,619

6.2 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$41,120

$41,120

$41,120

6.3 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$2,540

$2,540

$2,540

6.0Ancillary Activities

Appropriation (HB 95)

The purpose of this appropriation is to provide services for the legislative branch of government.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$4,190,742 $4,190,742 $4,190,742

$4,234,402 $4,234,402 $4,234,402

$4,234,402 $4,234,402 $4,234,402

$4,234,402 $4,234,402 $4,234,402

4316

JOURNAL OF THE HOUSE

Legislative Fiscal Office

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$2,364,548 $2,364,548 $2,364,548

$2,364,548 $2,364,548 $2,364,548

$2,364,548 $2,364,548 $2,364,548

$2,364,548 $2,364,548 $2,364,548

7.1 Increase funds according to the request of the Georgia General Assembly.

State General Funds

$59,056

$59,056

$59,056

$59,056

7.2 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$58,247

$58,247

$58,247

7.3 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$5,772

$5,772

$5,772

7.4 Increase funds for the creation of the Mental Health Service Delivery Commission according to SR363 (2007 Session) and a water study.

State General Funds

$200,000

7.0Legislative Fiscal Office

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$2,423,604 $2,423,604 $2,423,604

$2,487,623 $2,487,623 $2,487,623

$2,487,623 $2,487,623 $2,487,623

$2,687,623 $2,687,623 $2,687,623

Office of Legislative Counsel

Continuation Budget

The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General Assembly.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,880,610 $2,880,610 $2,880,610

$2,880,610 $2,880,610 $2,880,610

$2,880,610 $2,880,610 $2,880,610

$2,880,610 $2,880,610 $2,880,610

FRIDAY, APRIL 20, 2007

4317

8.1 Increase funds according to the request of the Georgia General Assembly.

State General Funds

$7,435

$7,435

$7,435

$7,435

8.2 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$109,059

$109,059

$109,059

8.3 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$6,465

$6,465

$6,465

8.0Office of Legislative Counsel

Appropriation (HB 95)

The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General Assembly.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,888,045 $2,888,045 $2,888,045

$3,003,569 $3,003,569 $3,003,569

$3,003,569 $3,003,569 $3,003,569

$3,003,569 $3,003,569 $3,003,569

Section 4: Audits and Accounts, Department of

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$31,927,549 $31,927,549 $31,927,549

$31,927,549 $31,927,549 $31,927,549

$31,927,549 $31,927,549 $31,927,549

$31,927,549 $31,927,549 $31,927,549

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$33,510,838 $33,510,838 $33,510,838

Section Total - Final

$34,925,085 $34,925,085 $34,925,085

$34,642,067 $34,642,067 $34,642,067

Audit and Assurance Services

Continuation Budget

The purpose of this appropriation is to provide financial, performance, and information system audits.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$28,053,474 $28,053,474 $28,053,474

$28,053,474 $28,053,474 $28,053,474

$28,053,474 $28,053,474 $28,053,474

$34,642,067 $34,642,067 $34,642,067
$28,053,474 $28,053,474 $28,053,474

4318

JOURNAL OF THE HOUSE

9.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$520,672

$520,672

$520,672

$520,672

9.2 Increase funds for a salary increase of 3% effective January 1, 2008.

State General Funds

$511,683

$511,683

$511,683

$511,683

9.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums.

State General Funds

$439,263

$1,584,814

$1,584,814

$1,584,814

9.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$14,523

$99,761

$99,761

$99,761

9.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$141,111

$170,729

$170,729

$170,729

9.6 Increase funds to fill five state auditor positions. (S and CC:Use positions to fulfill requirements of HB91 - 2007 Session)

State General Funds

$283,023

$283,023

$283,023

$283,023

9.7 Increase funds for operations.

State General Funds

$157,488

$157,488

$80,000

$80,000

9.8 Reduce funds from operations. (S and CC:Reduce funds by one-half of one percent to reflect operational efficiencies)

State General Funds

($607,324)

($607,324)

($750,000)

($750,000)

9.99 CC: The purpose of this appropriation is to provide financial, performance and information system audits and perform duties

as

specified

in

OCGA

50-6-10.

Senate: The purpose of this appropriation is to provide financial, performance and information system audits and perform

duties

as

specified

in

OCGA

50-6-10.

State General Funds

$0

$0

9.0Audit and Assurance Services

Appropriation (HB 95)

The purpose of this appropriation is to provide financial, performance and information system audits and perform duties as specified in OCGA 50-6-10.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$29,513,913 $29,513,913 $29,513,913

$30,774,320 $30,774,320 $30,774,320

$30,554,156 $30,554,156 $30,554,156

$30,554,156 $30,554,156 $30,554,156

FRIDAY, APRIL 20, 2007

4319

Departmental Administration

Continuation Budget

The purpose of this appropriation is to provide administrative support to all Department programs.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,602,714 $1,602,714 $1,602,714

$1,602,714 $1,602,714 $1,602,714

$1,602,714 $1,602,714 $1,602,714

$1,602,714 $1,602,714 $1,602,714

10.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$17,411

$17,411

$17,411

10.2 Increase funds for a 3% salary increase effective January 1, 2008.

State General Funds

$20,251

$20,251

$20,251

10.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums.

State General Funds

$24,611

$72,751

$72,751

10.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$675

$4,633

$4,633

10.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$13,081

$16,516

$16,516

10.6 Increase funds for operations.

State General Funds

$45,837

$45,837

$0

10.7 Reduce funds from operations.

State General Funds

($36,748)

($36,748)

($36,748)

$17,411 $20,251 $72,751 $4,633 $16,516
$0 ($36,748)

10.0Departmental Administration

Appropriation (HB 95)

The purpose of this appropriation is to provide administrative support to all Department programs.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,687,832 $1,687,832 $1,687,832

$1,743,365 $1,743,365 $1,743,365

$1,697,528 $1,697,528 $1,697,528

$1,697,528 $1,697,528 $1,697,528

Legislative Services

Continuation Budget

The purpose of this appropriation is to provide information on retirement system services, promulgation of statewide policies and

procedures and provide fiscal note services.

4320

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$113,096 $113,096 $113,096

$113,096 $113,096 $113,096

$113,096 $113,096 $113,096

$113,096 $113,096 $113,096

11.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$1,666

$1,666

$1,666

11.2 Increase funds for a 3% salary increase effective January 1, 2008.

State General Funds

$2,390

$2,390

$2,390

11.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums.

State General Funds

$2,108

$7,214

$7,214

11.4 Increase funds for operations.

State General Funds

$500

$500

$0

11.5 Reduce funds from operations.

State General Funds

($2,381)

($2,381)

($2,381)

$1,666 $2,390 $7,214
$0 ($2,381)

11.0Legislative Services

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$117,379 $117,379 $117,379

$122,485 $122,485 $122,485

$121,985 $121,985 $121,985

$121,985 $121,985 $121,985

Statewide Equalized Adjusted Property Tax Digest

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$2,158,265 $2,158,265 $2,158,265

$2,158,265 $2,158,265 $2,158,265

$2,158,265 $2,158,265 $2,158,265

$2,158,265 $2,158,265 $2,158,265

12.1 Annualize the cost of the FY07 salary adjustment. State General Funds

$28,384

$28,384

$28,384

$28,384

FRIDAY, APRIL 20, 2007

4321

12.2 Increase funds for a 3% salary increase effective January 1, 2008.

State General Funds

$27,928

$27,928

$27,928

12.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums.

State General Funds

$34,181

$119,721

$119,721

12.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$1,066

$7,318

$7,318

12.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$7,932

$9,341

$9,341

12.6 Increase funds for operations.

State General Funds

$16,517

$16,517

$0

12.7 Reduce funds from operations.

State General Funds

($82,559)

($82,559)

($82,559)

$27,928 $119,721
$7,318 $9,341
$0 ($82,559)

12.0Statewide Equalized Adjusted Property Tax Digest

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$2,191,714 $2,191,714 $2,191,714

$2,284,915 $2,284,915 $2,284,915

$2,268,398 $2,268,398 $2,268,398

$2,268,398 $2,268,398 $2,268,398

Section 5: Appeals, Court of

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services
TOTAL PUBLIC FUNDS

$12,751,212 $12,751,212
$90,000 $90,000 $12,841,212

$12,751,212 $12,751,212
$90,000 $90,000 $12,841,212

$12,751,212 $12,751,212
$90,000 $90,000 $12,841,212

$12,751,212 $12,751,212
$90,000 $90,000 $12,841,212

Section Total - Final

4322

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services
TOTAL PUBLIC FUNDS

$13,878,616 $13,878,616
$90,000 $90,000 $13,968,616

$13,627,649 $13,627,649
$90,000 $90,000 $13,717,649

$13,808,111 $13,808,111
$150,000 $150,000 $13,958,111

$13,808,111 $13,808,111
$150,000 $150,000 $13,958,111

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$12,751,212 $12,751,212
$90,000 $90,000 $90,000 $12,841,212

$12,751,212 $12,751,212
$90,000 $90,000 $90,000 $12,841,212

$12,751,212 $12,751,212
$90,000 $90,000 $90,000 $12,841,212

$12,751,212 $12,751,212
$90,000 $90,000 $90,000 $12,841,212

13.1 Increase funds to annualize the FY07 2.89% pay raise for Judges and 4% pay raise for staff. (H and S:Reduce pay raise to 3%)

State General Funds

$377,721

$286,325

$286,325

$286,325

13.2 Increase funds to annualize the FY07 adjustment in the employer share of State Health Benefit Plan (SHBP) premiums.

State General Funds

$273,257

$273,257

$273,257

$273,257

13.3 Increase funds to annualize the FY07 adjustment in Workers' Compensation premiums.

State General Funds

$4,271

$4,271

$4,271

$4,271

13.4 Increase funds to annualize the reinstatement of two positions.

State General Funds

$98,440

$98,440

$0

$0

13.5 Increase funds for a 3% pay raise for judges and staff effective January 1, 2008.

State General Funds

$159,571

$0

$159,571

$159,571

13.6 Increase funds for an administrative assistant and a staff attorney position.

State General Funds

$162,657

$162,657

$162,657

$162,657

13.7 Increase funds for storage space at an off-site location for disaster recovery. [One-Time Change]

FRIDAY, APRIL 20, 2007

4323

State General Funds

$30,000

$30,000

$30,000

$30,000

13.8 Increase funds for an adjustment to the Georgia Building Authority (GBA) real estate rate for the Health Building.

State General Funds

$21,487

$21,487

$21,487

$21,487

13.9 Increase funds for the renovated space for Judges on the third floor of the Judicial Building. [One-Time Change]

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$51,761 $60,000 $111,761

$51,761 $60,000 $111,761

13.10 Eliminate one-time funds received in HB85 (FY06) for the renovation of the Health and Judicial Buildings.

State General Funds

($500,000)

($500,000)

13.11 Realize Georgia Technology Authority (GTA) savings through rate renegotiations and reduce funds from operations.

State General Funds

($6,794)

($6,794)

13.12 Increase funds to reflect the increase in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$547,138

$547,138

13.13 Increase funds to reflect the FY08 adjustment in Workers' Compensation premiums.

State General Funds

$27,226

$27,226

13.0Court of Appeals

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$13,878,616 $13,878,616
$90,000 $90,000 $90,000 $13,968,616

$13,627,649 $13,627,649
$90,000 $90,000 $90,000 $13,717,649

$13,808,111 $13,808,111
$150,000 $150,000 $150,000 $13,958,111

$13,808,111 $13,808,111
$150,000 $150,000 $150,000 $13,958,111

Section 6: Judicial Council

Section Total - Continuation

4324

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$13,464,512 $13,464,512 $13,464,512

$13,464,512 $13,464,512 $13,464,512

$13,464,512 $13,464,512 $13,464,512

$13,464,512 $13,464,512 $13,464,512

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658
TOTAL AGENCY FUNDS Sales and Services
TOTAL PUBLIC FUNDS

$18,603,387 $18,603,387
$18,603,387

Section Total - Final

$18,404,125 $18,404,125
$18,404,125

$15,381,396 $15,381,396
$1,107,348 $585,777 $521,571 $269,500 $269,500
$16,758,244

$16,198,503 $16,198,503
$1,107,348 $585,777 $521,571 $269,500 $269,500
$17,575,351

Georgia Office of Dispute Resolution

Continuation Budget

The purpose of this appropriation is to oversee the development of court-connected alternative dispute resolution programs in

Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$365,383 $365,383 $365,383

$365,383 $365,383 $365,383

$365,383 $365,383 $365,383

$365,383 $365,383 $365,383

14.1 Increase funds to annualize the FY07 4% pay raise for staff. (S and CC:Reduce pay raise to 3%)

State General Funds

$11,853

$11,853

$8,888

$8,888

14.2 Increase funds to annualize the FY07 adjustment in the employer share of State Health Benefit Plan (SHBP) premiums.

State General Funds

$5,526

$5,526

$5,526

$5,526

14.3 Increase funds to annualize the FY07 adjustment in Workers' Compensation premiums.

State General Funds

$172

$172

$172

$172

14.4 Increase funds for a 4% salary increase for staff effective January 1, 2008. (S and CC:Reduce pay raise to 3%)

State General Funds

$6,163

$0

$4,622

$4,622

14.5 Increase funds for a new program coordinator position.

State General Funds

$48,204

$48,204

$48,204

$0

FRIDAY, APRIL 20, 2007

4325

14.6 Reduce funds.

State General Funds

($215,569)

$0

($100,000)

14.7 Replace funds.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($150,000) $150,000
$0

($150,000) $150,000
$0

14.8 Increase funds to reflect the increase in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$10,052

$10,052

14.0Georgia Office of Dispute Resolution

Appropriation (HB 95)

The purpose of this appropriation is to oversee the development of court-connected alternative dispute resolution programs in Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$437,301 $437,301
$437,301

$215,569 $215,569
$215,569

$292,847 $292,847 $150,000 $150,000 $150,000 $442,847

$144,643 $144,643 $150,000 $150,000 $150,000 $294,643

Institute of Continuing Judicial Education

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$1,126,382 $1,126,382 $1,126,382

$1,126,382 $1,126,382 $1,126,382

$1,126,382 $1,126,382 $1,126,382

$1,126,382 $1,126,382 $1,126,382

15.1 Increase funds to annualize the FY07 4% pay raise for staff. (H and S:Reduce pay raise to 3%)

State General Funds

$20,166

$15,125

$15,125

15.2 Increase funds for a 4% salary increase for staff effective January 1, 2008. (S and CC:Reduce pay raise to 3%)

State General Funds

$10,386

$0

$7,790

$15,125 $7,790

4326

JOURNAL OF THE HOUSE

15.3 Increase funds for Judges' travel.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$19,500

$19,500

$0 $19,500 $19,500

$0 $19,500 $19,500

15.4 Increase funds for a position to administer the Georgia Council of Courts Administrators certificate program.
Sites: University of Georgia

State General Funds

$127,427

$127,427

$0

$0

15.5 Increase funds for the University of Georgia (UGA) contract for additional training.

State General Funds

$199,000

$199,000

$60,000

$60,000

15.6 Replace funds.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($100,000) $100,000
$0

($100,000) $100,000
$0

15.7 Eliminate one-time funds received in HB1181 (FY05) for the assessment of buildings at UGA facilities.

State General Funds

($48,000)

$0

15.0Institute of Continuing Judicial Education

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,502,861 $1,502,861
$1,502,861

$1,487,434 $1,487,434
$1,487,434

$1,061,297 $1,061,297
$119,500 $119,500 $119,500 $1,180,797

$1,109,297 $1,109,297
$119,500 $119,500 $119,500 $1,228,797

Judicial Council

Continuation Budget

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.

FRIDAY, APRIL 20, 2007

4327

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$10,913,173 $10,913,173 $10,913,173

$10,913,173 $10,913,173 $10,913,173

$10,913,173 $10,913,173 $10,913,173

$10,913,173 $10,913,173 $10,913,173

16.1 Increase funds to annualize the FY07 4% pay raise for staff. (H and S:Reduce pay raise to 3%)

State General Funds

$194,750

$146,063

$146,063

$146,063

16.2 Increase funds to annualize the FY07 adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (H and S:Reduce annualizer to match 3% pay raise)

State General Funds

$90,439

$89,569

$89,569

$89,569

16.3 Increase funds to annualize the FY07 adjustment in Workers' Compensation premiums.

State General Funds

$3,160

$3,160

$3,160

$3,160

16.4 Increase funds to annualize the FY07 adjustment to the Georgia Building Authority (GBA) rental rate for office space.

State General Funds

$65,882

$65,882

$65,882

$65,882

16.5 Increase funds for Westlaw for the Council of Magistrate Court Judges and Council of Probate Court Judges.

State General Funds

$40,000

$40,000

$40,000

$40,000

16.6 Increase funds for a new guardianship video for Probate Courts. [One-Time Change]

State General Funds

$65,000

$65,000

$65,000

$65,000

16.7 Increase funds to the Georgia Courts Automation Commission for software certification. (CC:AOC fund Executive Director's salary from line 16.18)

State General Funds

$74,330

$74,330

$55,747

$74,747

16.8 Increase funds to the County and Municipal Probation Advisory Council for an increased workload due to the passage of SB44 (2006 Session).

State General Funds

$222,219

$222,219

$222,219

$222,219

16.9 Increase funds to match federal funds for the Child Placement Project.

State General Funds Foster Care Title IV-E CFDA93.658 TOTAL PUBLIC FUNDS

$173,857

$173,857

$173,857 $521,571 $695,428

$173,857 $521,571 $695,428

16.10 Increase funds for a 4% salary increase for staff effective January 1, 2008. (S and CC:Reduce pay raise to 3%)

State General Funds

$107,450

$0

$80,588

$80,588

4328

JOURNAL OF THE HOUSE

16.11 Increase funds for a 4.5% increase in legal services for the Victims of Domestic Violence Grant.

State General Funds

$94,279

$94,279

$94,279

$94,279

16.12 Increase funds to the Council of State Court Judges for the Mock Trial competition. (CC:Funds to secure a location with no future obligations to the state) [One-Time Change]

State General Funds

$30,000

$30,000

$0

$15,000

16.13 Increase funds to establish standards for information exchange for Georgia's five classes of trial courts. [One-Time Change]

State General Funds

$343,821

$343,821

$225,000

$225,000

16.14 Increase funds for the Georgia Courts Automation Commission to pay 100% of personnel costs for the Executive Director.

State General Funds

$27,867

$27,867

$27,867

$27,867

16.15 Increase funds for the Child Support Guidelines Commission to increase the federal match and provide for a staff attorney.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$101,764

$101,764

$101,764 $197,542 $299,306

$101,764 $197,542 $299,306

16.16 Increase funds to the Judicial Council Standing Committee on Drug Courts for Felony and Juvenile Drug Courts.

State General Funds

$1,500,000

$1,500,000

$375,000

$750,000

16.17 Increase funds to the Judicial Council Standing Committee on Drug Courts for DUI/Drug Courts.

State General Funds

$600,000

$600,000

$150,000

$400,000

16.18 Increase funds for travel expenses for the Administrative Office of the Courts (AOC). (CC:Move to line 16.7 to fund GCAC's Executive Director's salary)

State General Funds

$19,000

$19,000

$10,000

$0

16.19 Increase funds for three additional software support positions for the AOC. (CC:Add one position)

State General Funds

$245,234

$245,234

$0

$81,745

16.20 Increase funds for the continuation of the Citation Automation Project.

State General Funds

$161,566

$161,566

$0

$161,566

16.21 Increase funds to the AOC for a data administrator.

State General Funds

$86,455

$86,455

$0

$0

16.22 Increase funds to the AOC for a full year of funding for three research positions.

State General Funds

$83,608

$83,608

$0

$0

FRIDAY, APRIL 20, 2007

4329

16.23 Increase funds to provide child support calculator changes to comply with the requirements of SB382 (2006 Session) "Georgia Child Support Guidelines". [One-Time Change]

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$200,000

$200,000 $388,235 $588,235

$200,000 $388,235 $588,235

16.24 Realize Georgia Technology Authority (GTA) savings through rate renegotiations and reduce funds from operations.

State General Funds

($10,124)

($10,124)

16.25 Eliminate funds received in HB1181 (FY05) to provide services to the newly created Georgia Public Defender Standards Council (GPDSC); as of July 1, 2007 the Judicial Council will no longer provide these services.

State General Funds

($300,000)

($300,000)

16.26 Increase funds to reflect the increase in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$220,609

$220,609

16.99 CC: The purpose of this appropriation is to assist judges, administrators, clerks of court and other officers and employees of the court pertaining to matters relating to court administration, provided that $2,150,000 is designated for Drug and DUI Courts. Senate: The purpose of this appropriation is to assist judges, administrators, clerks of court and other officers and employees of the court pertaining to matters relating to court administration, provided that $1,525,000 is designated for Drug and DUI Courts.

State General Funds

$0

$0

16.0Judicial Council

Appropriation (HB 95)

The purpose of this appropriation is to assist judges, administrators, clerks of court and other officers and employees of the court pertaining to matters relating to court administration, provided that $2,150,000 is designated for Drug and DUI Courts.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658
TOTAL PUBLIC FUNDS

$15,243,854 $15,243,854
$15,243,854

$15,286,847 $15,286,847
$15,286,847

$12,949,653 $12,949,653
$1,107,348 $585,777 $521,571
$14,057,001

$13,841,964 $13,841,964
$1,107,348 $585,777 $521,571
$14,949,312

4330

JOURNAL OF THE HOUSE

Judicial Qualifications Commission

Continuation Budget

The purpose of this appropriation is to discipline, remove, and cause involuntary retirement of judges.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$259,574 $259,574 $259,574

$259,574 $259,574 $259,574

$259,574 $259,574 $259,574

$259,574 $259,574 $259,574

17.1 Increase funds to annualize the FY07 4% pay raise for staff. (H and S:Reduce pay raise to 3%)

State General Funds

$6,580

$4,935

$4,935

$4,935

17.2 Increase funds to annualize the FY07 adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (H and S:Reduce annualizer to match 3% pay raise)

State General Funds

$3,068

$3,039

$3,039

$3,039

17.3 Increase funds for a 4% salary increase for staff effective January 1, 2008. (S and CC:Reduce pay raise to 3%)

State General Funds

$3,422

$0

$2,567

$2,567

17.4 Increase funds for a paralegal/investigator position. (CC:Use temporary labor)

State General Funds

$67,387

$67,387

$0

$25,000

17.5 Increase funds to reflect the increase in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$7,484

$7,484

17.0Judicial Qualifications Commission

Appropriation (HB 95)

The purpose of this appropriation is to discipline, remove, and cause involuntary retirement of judges.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$340,031 $340,031 $340,031

$334,935 $334,935 $334,935

$277,599 $277,599 $277,599

$302,599 $302,599 $302,599

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 State General Funds
TOTAL PUBLIC FUNDS

$800,000 $800,000 $800,000

$800,000 $800,000 $800,000

$800,000 $800,000 $800,000

$800,000 $800,000 $800,000

FRIDAY, APRIL 20, 2007

4331

18.1 Increase funds for an attorney and investigator. State General Funds

$279,340

$279,340

$0

18.0Resource Center

Appropriation (HB 95)

The purpose of this program is to provide representation to all death penalty sentenced inmates in habeas proceedings.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,079,340 $1,079,340 $1,079,340

$1,079,340 $1,079,340 $1,079,340

$800,000 $800,000 $800,000

Section 7: Juvenile Courts

Section Total - Continuation

$0
$800,000 $800,000 $800,000

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$6,449,545 $6,449,545 $6,449,545

$6,449,545 $6,449,545 $6,449,545

$6,449,545 $6,449,545 $6,449,545

$6,449,545 $6,449,545 $6,449,545

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$6,618,847 $6,618,847 $6,618,847

Section Total - Final

$6,574,371 $6,574,371 $6,574,371

$6,692,989 $6,692,989 $6,692,989

$6,703,551 $6,703,551 $6,703,551

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 State General Funds
TOTAL PUBLIC FUNDS

$1,538,714 $1,538,714 $1,538,714

$1,538,714 $1,538,714 $1,538,714

$1,538,714 $1,538,714 $1,538,714

$1,538,714 $1,538,714 $1,538,714

19.1 Increase funds to annualize the FY07 4% pay raise for staff. (H and S:Reduce pay raise to 3%)

State General Funds

$45,737

$34,303

$34,303

$34,303

19.2 Increase funds to annualize the FY07 adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (H and S:Reduce annualizer to match 3% pay raise)

4332

JOURNAL OF THE HOUSE

State General Funds

$31,428

$22,168

$22,168

$22,168

19.3 Increase funds to annualize the increase in the mileage reimbursement rate from $0.28 per mile to $0.445 per mile.

State General Funds

$25,000

$25,000

$25,000

$25,000

19.4 Increase funds for a 4% salary increase for staff effective January 1, 2008. (S and CC:Reduce pay raise to 3%)

State General Funds

$23,782

$0

$17,837

$17,837

19.5 Increase funds to reflect the increase in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$85,271

$63,103

19.0Council of Juvenile Court Judges

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$1,664,661 $1,664,661 $1,664,661

$1,620,185 $1,620,185 $1,620,185

$1,723,293 $1,723,293 $1,723,293

$1,701,125 $1,701,125 $1,701,125

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 State General Funds
TOTAL PUBLIC FUNDS

$4,910,831 $4,910,831 $4,910,831

$4,910,831 $4,910,831 $4,910,831

$4,910,831 $4,910,831 $4,910,831

$4,910,831 $4,910,831 $4,910,831

20.1 Increase funds for a Juvenile Judge for the Coweta Circuit effective January 1, 2007. (S and CC:Additional two Juvenile Court Judges for the Cobb and Gwinnett Judicial Circuits per HB118 - 2007 Session)

State General Funds

$10,625

$10,625

$42,500

$42,500

20.2 Increase funds for a 2% pay raise for staff effective January 1, 2007 for Judges per OCGA 15-11-18(d)(2)(E). (S:1% per SB223 - 2007 Session)(CC:Fund HB334 - 2005 Session and SB223 - 2007 Session)

State General Funds

$32,730

$32,730

$16,365

$49,095

20.0Grants to Counties for Juvenile Court Judges

Appropriation (HB 95)

This program mandates payment of state funds to circuits to pay for juvenile court judges salaries.

FRIDAY, APRIL 20, 2007

4333

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Section 8: Prosecuting Attorneys

$4,954,186 $4,954,186 $4,954,186

$4,954,186 $4,954,186 $4,954,186

$4,969,696 $4,969,696 $4,969,696

$5,002,426 $5,002,426 $5,002,426

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers
TOTAL PUBLIC FUNDS

$51,327,072 $51,327,072 $1,767,046 $1,767,046 $53,094,118

$51,327,072 $51,327,072 $1,767,046 $1,767,046 $53,094,118

$51,327,072 $51,327,072 $1,767,046 $1,767,046 $53,094,118

$51,327,072 $51,327,072 $1,767,046 $1,767,046 $53,094,118

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers
TOTAL PUBLIC FUNDS

$57,050,361 $57,050,361 $1,767,046 $1,767,046 $58,817,407

Section Total - Final

$53,401,058 $53,401,058 $1,767,046 $1,767,046 $55,168,104

$57,401,675 $57,401,675 $1,767,046 $1,767,046 $59,168,721

$57,401,675 $57,401,675 $1,767,046 $1,767,046 $59,168,721

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 State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Child Support Enforcement Title IV-D CFDA93.563
TOTAL PUBLIC FUNDS

$46,219,535 $46,219,535 $1,767,046 $1,767,046 $1,767,046 $47,986,581

$46,219,535 $46,219,535 $1,767,046 $1,767,046 $1,767,046 $47,986,581

$46,219,535 $46,219,535 $1,767,046 $1,767,046 $1,767,046 $47,986,581

$46,219,535 $46,219,535 $1,767,046 $1,767,046 $1,767,046 $47,986,581

21.1 Increase funds to annualize the FY07 2.89% pay raise for District Attorneys and 4% pay raise to staff. (H and S:Reduce pay raise to 3%)

State General Funds

$1,776,642

$1,383,440

$1,383,440

$1,383,440

4334

JOURNAL OF THE HOUSE

21.2 Increase funds to annualize the FY07 $7,000 pay raise for District Attorneys per HB268 (2006 Session).

State General Funds

$462,271

$0

$462,271

$462,271

21.3 Increase funds to annualize the FY07 adjustment in the employer share of State Health Benefit Plan (SHBP) premiums.

State General Funds

$828,189

$828,189

$828,189

$828,189

21.4 Increase funds to annualize the FY07 adjustment in Workers' Compensation premiums.

State General Funds

$28,005

$28,005

$28,005

$28,005

21.5 Increase funds for a 4% pay raise for District Attorneys and their staff effective January 1, 2008. (S and CC:Reduce pay raise to 3%)

State General Funds

$906,296

$0

$679,722

$679,722

21.6 Transfer funds received for the Cordele Judicial Circuit Data Exchange Project from the Prosecuting Attorney's Council (PAC) program to fund ten additional victim advocates. (H and S:NO; Do not redirect - remove)

State General Funds

$350,000

$0

$0

$0

21.7 Transfer funds to the Prosecuting Attorney's Council program to correct a scribner's error in HB1027 (FY07).

State General Funds

($983,718)

($983,718)

21.8 Increase funds to reflect the increase in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$2,166,166

$2,166,166

21.9 Increase funds to reflect the FY08 adjustment in Workers' Compensation premiums.

State General Funds

$148,093

$148,093

21.10 Increase funds for five Assistant District Attorneys associated with the creation of the additional judgeships for Cobb, Dublin, Gwinnett, Enotah and Cordele Judicial Circuits created in HB118 (2007 Session).

State General Funds

$262,500

$262,500

21.0District Attorneys

Appropriation (HB 95)

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 State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$50,570,938 $50,570,938 $1,767,046

$48,459,169 $48,459,169 $1,767,046

$51,194,203 $51,194,203 $1,767,046

$51,194,203 $51,194,203 $1,767,046

FRIDAY, APRIL 20, 2007

4335

Federal Funds Transfers FF Child Support Enforcement Title IV-D CFDA93.563
TOTAL PUBLIC FUNDS

$1,767,046 $1,767,046 $52,337,984

$1,767,046 $1,767,046 $50,226,215

$1,767,046 $1,767,046 $52,961,249

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 State General Funds
TOTAL PUBLIC FUNDS

$5,107,537 $5,107,537 $5,107,537

$5,107,537 $5,107,537 $5,107,537

$5,107,537 $5,107,537 $5,107,537

$1,767,046 $1,767,046 $52,961,249
$5,107,537 $5,107,537 $5,107,537

22.1 Increase funds to annualize the FY07 4% pay raise for staff. (H and S:Reduce pay raise to 3%)

State General Funds

$149,493

$112,120

$112,120

$112,120

22.2 Increase funds to annualize the FY07 adjustment in the employer share of State Health Benefit Plan (SHBP) premiums.

State General Funds

$69,956

$69,956

$69,956

$69,956

22.3 Increase funds to annualize the FY07 adjustment in Workers' Compensation premiums.

State General Funds

$2,276

$2,276

$2,276

$2,276

22.4 Increase funds to reinstate two months of funding lost as a result of the HB85 (FY06) veto.

State General Funds

$1,422,425

$0

$0

$0

22.5 Increase funds to provide a 4% salary increase for staff effective January 1, 2008. (S and CC:Reduce pay raise to 3%)

State General Funds

$77,736

$0

$58,302

$58,302

22.6 Transfer funds received for the Cordele Judicial Circuit Data Exchange Project to the District Attorneys program to fund ten additional victim advocates. (H and S:NO; Do not redirect - remove)

State General Funds

($350,000)

($350,000)

($350,000)

($350,000)

22.7 Transfer funds from the District Attorneys program to correct a scribner's error in HB1027 (FY07).

State General Funds

$983,718

$983,718

22.8 Increase funds to reflect the increase in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$165,674

$165,674

22.9 Increase funds to reflect the FY08 adjustment in Workers' Compensation premiums.

State General Funds

$57,889

$57,889

4336

JOURNAL OF THE HOUSE

22.0Prosecuting Attorney's Council

Appropriation (HB 95)

This program is charged with the responsibility of assisting Georgia's District Attorneys and State Court Solicitors.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$6,479,423 $6,479,423 $6,479,423

$4,941,889 $4,941,889 $4,941,889

$6,207,472 $6,207,472 $6,207,472

$6,207,472 $6,207,472 $6,207,472

Section 9: Public Defender Standards Council, Georgia

Section Total - Continuation

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 Sales and Services
TOTAL PUBLIC FUNDS

$27,832,122 $27,832,122 $1,972,832 $1,972,832 $29,804,954
$37,422,285 $37,422,285 $8,083,033 $5,410,113 $2,672,920 $45,505,318

$27,832,122 $27,832,122 $1,972,832 $1,972,832 $29,804,954

$27,832,122 $27,832,122 $1,972,832 $1,972,832 $29,804,954

Section Total - Final

$35,673,884 $35,673,884 $8,083,033 $5,410,113 $2,672,920 $43,756,917

$35,430,140 $35,430,140 $4,835,038 $2,619,787 $2,215,251 $40,265,178

$27,832,122 $27,832,122 $1,972,832 $1,972,832 $29,804,954
$35,430,140 $35,430,140 $4,835,038 $2,619,787 $2,215,251 $40,265,178

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 State General Funds
TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized
TOTAL PUBLIC FUNDS

$10,607,210 $10,607,210
$559,797 $559,797 $559,797 $11,167,007

$10,607,210 $10,607,210
$559,797 $559,797 $559,797 $11,167,007

$10,607,210 $10,607,210
$559,797 $559,797 $559,797 $11,167,007

$10,607,210 $10,607,210
$559,797 $559,797 $559,797 $11,167,007

FRIDAY, APRIL 20, 2007

4337

23.1 Transfer funds for attorney fees to the Public Defenders program to increase funds for conflict cases. (S and CC:Zero Base Budget per SB12 - 2007 Session)

State General Funds

($1,992,375) ($1,992,375)

$0

$0

23.2 Replace funds. (S and CC:ZBB per SB12 - 2007 Session)

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($1,517,082) ($1,517,082)

$0

$0

$1,517,082

$1,517,082

$0

$0

$0

$0

$0

$0

23.3 Increase funds received from administration fees on county contracts to add additional Central Office staff to handle operations. (S and CC:ZBB per SB12 - 2007 Session)

Sales and Services Not Itemized

$246,781

$246,781

$0

$0

23.4 Per SB12 (2007 Session), establish a Zero Base Budget (ZBB).

State General Funds Interest and Investment Income Not Itemized TOTAL PUBLIC FUNDS

($10,607,210) ($559,797)
($11,167,007)

($10,607,210) ($559,797)
($11,167,007)

23.5 Per SB12 (2007 Session), establish base budget for the Central Office and the Office of the Mental Health Advocate.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$2,131,698 $2,215,251 $4,346,949

$2,131,698 $2,215,251 $4,346,949

23.6 Per SB12 (2007 Session), establish base budget for the Office of the Georgia Capital Defender.

State General Funds Interest and Investment Income Not Itemized TOTAL PUBLIC FUNDS

$3,516,068 $559,797
$4,075,865

$3,516,068 $559,797
$4,075,865

23.7 Increase funds to reflect the increase in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$282,262

$282,262

23.99 CC: The purpose of this appropriation is to fund the Office of the Georgia Capital Defender, Office of the Mental Health

Advocate

and

Central

Office.

Senate: The purpose of this appropriation is to fund the Office of the Georgia Capital Defender, Office of the Mental Health

Advocate

and

Central

Office.

4338

JOURNAL OF THE HOUSE

State General Funds

$0

$0

23.0Public Defender Standards Council

Appropriation (HB 95)

The purpose of this appropriation is to fund the Office of the Georgia Capital Defender, Office of the Mental Health Advocate and Central Office.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$7,097,753 $7,097,753 $2,323,660
$559,797 $559,797 $1,763,863 $1,763,863 $9,421,413

$7,097,753 $7,097,753 $2,323,660
$559,797 $559,797 $1,763,863 $1,763,863 $9,421,413

$5,930,028 $5,930,028 $2,775,048
$559,797 $559,797 $2,215,251 $2,215,251 $8,705,076

$5,930,028 $5,930,028 $2,775,048
$559,797 $559,797 $2,215,251 $2,215,251 $8,705,076

Public Defenders

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized
TOTAL PUBLIC FUNDS

$17,224,912 $17,224,912 $1,413,035 $1,413,035 $1,413,035 $18,637,947

$17,224,912 $17,224,912 $1,413,035 $1,413,035 $1,413,035 $18,637,947

$17,224,912 $17,224,912 $1,413,035 $1,413,035 $1,413,035 $18,637,947

$17,224,912 $17,224,912 $1,413,035 $1,413,035 $1,413,035 $18,637,947

24.1 Increase funds for fifty Juvenile Assistant Public Defenders (APD). (H:Fund thirty-one Juvenile APDs)(S and CC:Zero Base Budget (ZBB) per SB12 - 2007 Session)

State General Funds

$2,713,907

$1,682,618

$0

$0

24.2 Increase funds for nine Public Defenders due to new judgeships absorbed over two Fiscal Years. (H:Fund five Public Defenders)(S and CC:ZBB per SB12 - 2007 Session)

State General Funds

$488,502

$271,390

$0

$0

24.3 Increase funds for twenty-four Assistant Public Defender I, forty-three investigators, forty-three paralegals and forty-three administrative assistants. (S and CC:ZBB per SB12 - 2007 Session)

FRIDAY, APRIL 20, 2007

4339

State General Funds

$8,764,300

$8,264,300

$0

$0

24.4 Increase funds for disbursements paid to opt-out circuits (Cobb, Gwinnett, Houston, Douglas, Blue Ridge and Bell-Forsyth). (S and CC:ZBB per SB12 - 2007 Session)

State General Funds

$1,984,000

$1,984,000

$0

$0

24.5 Transfer funds ($1,992,375) from the Georgia Public Defender Standards Council program and increase funds for expenses associated with conflict cases, experts, interpreters and investigators. (S and CC:ZBB per SB12 - 2007 Session)

State General Funds

$2,440,841

$2,440,841

$0

$0

24.6 Replace funds. (S and CC:ZBB per SB12 - 2007 Session)

State General Funds Interest and Investment Income Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($3,291,930) ($3,291,930)

$0

$0

$3,437,281

$3,437,281

$0

$0

$909,057

$909,057

$0

$0

$1,054,408

$1,054,408

$0

$0

24.7 Per SB12 (2007 Session), establish a Zero Base Budget (ZBB).

State General Funds Interest and Investment Income Not Itemized TOTAL PUBLIC FUNDS

($17,224,912) ($1,413,035) ($18,637,947)

($17,224,912) ($1,413,035) ($18,637,947)

24.8 Per SB12 (2007 Session), establish base budget to include thirty-nine Juvenile Assistant Public Defenders and judgeships created through the 2006 Session.

State General Funds Interest and Investment Income Not Itemized TOTAL PUBLIC FUNDS

$27,852,234 $2,059,990 $29,912,224

$27,852,234 $2,059,990 $29,912,224

24.9 Increase funds to reflect the increase in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$1,369,747

$1,369,747

24.10 Increase funds for five additional Assistant Public Defenders associated with the additional judgeships for Cobb, Dublin, Gwinnett, Enotah and Cordele Judicial Circuits created in HB118 (2007 Session).

State General Funds

$278,131

$278,131

24.99 CC: 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;

provided

that

staffing

for

circuits

are

based

on

O.C.G.A.

17-12.

4340

JOURNAL OF THE HOUSE

Senate: 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; provided that staffing for circuits are based on O.C.G.A. 17-12.

State General Funds

$0

$0

24.0Public Defenders

Appropriation (HB 95)

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; provided that staffing for circuits are based on O.C.G.A. 17-12.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$30,324,532 $30,324,532 $5,759,373 $4,850,316 $4,850,316
$909,057 $909,057 $36,083,905

$28,576,131 $28,576,131 $5,759,373 $4,850,316 $4,850,316
$909,057 $909,057 $34,335,504

$29,500,112 $29,500,112 $2,059,990 $2,059,990 $2,059,990
$31,560,102

$29,500,112 $29,500,112 $2,059,990 $2,059,990 $2,059,990
$31,560,102

Section 10: Superior Courts

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Council of Superior Court Clerks

$53,508,459 $53,508,459 $53,508,459
$61,986,454 $61,986,454 $61,986,454

$53,508,459 $53,508,459 $53,508,459

$53,508,459 $53,508,459 $53,508,459

Section Total - Final

$57,978,494 $57,978,494 $57,978,494

$59,824,786 $59,824,786 $59,824,786

Continuation Budget

$53,508,459 $53,508,459 $53,508,459
$60,845,688 $60,845,688 $60,845,688

FRIDAY, APRIL 20, 2007

4341

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 State General Funds
TOTAL PUBLIC FUNDS

$243,000 $243,000 $243,000

$243,000 $243,000 $243,000

$243,000 $243,000 $243,000

$243,000 $243,000 $243,000

25.1 Increase funds associated with the training for Superior Court clerks who serve as Juvenile Court clerks.

State General Funds

$15,000

$15,000

$15,000

$15,000

25.2 Increase funds for a law clerk to address the habeas corpus backlog in the Atlantic Judicial District. (S and CC:Move to the Superior Court Judges program)

State General Funds

$53,541

$53,541

$0

25.3 Eliminate one-time funds received in HB1027 (FY07) for the Data Integration Pilot Implementation.

State General Funds

($50,000)

$0

25.0Council of Superior Court Clerks

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$258,000 $258,000 $258,000

$311,541 $311,541 $311,541

$261,541 $261,541 $261,541

$258,000 $258,000 $258,000

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 State General Funds
TOTAL PUBLIC FUNDS

$971,630 $971,630 $971,630

$971,630 $971,630 $971,630

$971,630 $971,630 $971,630

$971,630 $971,630 $971,630

26.1 Increase funds to annualize the FY07 4% pay raise for staff. (H and S:Reduce pay raise to 3%)

State General Funds

$13,108

$9,831

$9,831

$9,831

26.2 Increase funds to annualize the FY07 adjustment to the Georgia Building Authority (GBA) rental rate for office space.

4342

JOURNAL OF THE HOUSE

State General Funds

$11,488

$11,488

$11,488

$11,488

26.3 Increase funds for temporary labor. [One-Time Change]

State General Funds

$27,200

$27,200

$27,200

$27,200

26.4 Increase funds to annualize the FY07 adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (H and S:Reduce annualizer to match 3% pay raise)

State General Funds

$13,994

$10,496

$10,496

$10,496

26.5 Increase funds to annualize the FY07 adjustment in Workers' Compensation premiums.

State General Funds

$746

$746

$746

$746

26.6 Increase funds for a 4% pay raise for staff effective January 1, 2008 and step increases (4.8%) effective July 1, 2007. (H:Reduce pay raise to 3%)(S:Reduce pay raise to 3% and remove step increases)(CC:Reduce pay raise to 3%)

State General Funds

$51,827

$18,774

$18,774

$18,774

26.7 Eliminate one-time funds received in HB1027 (FY07) to purchase equipment.

State General Funds

($16,000)

($8,000)

26.8 Recognize Georgia Technology Authority (GTA) savings and reduce funds from operations.

State General Funds

($2,354)

($2,354)

26.9 Increase funds to reflect the increase in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$37,535

$37,535

26.10 Increase funds to reflect the FY08 adjustment in Workers' Compensation premiums.

State General Funds

$1,819

$1,819

26.0Council of Superior Court Judges

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$1,089,993 $1,089,993 $1,089,993

$1,050,165 $1,050,165 $1,050,165

$1,071,165 $1,071,165 $1,071,165

$1,079,165 $1,079,165 $1,079,165

Judicial Administrative Districts

Continuation Budget

FRIDAY, APRIL 20, 2007

4343

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 State General Funds
TOTAL PUBLIC FUNDS

$2,184,721 $2,184,721 $2,184,721

$2,184,721 $2,184,721 $2,184,721

$2,184,721 $2,184,721 $2,184,721

$2,184,721 $2,184,721 $2,184,721

27.1 Increase funds to annualize the FY07 4% pay raise for staff. (H and S:Reduce pay raise to 3%)

State General Funds

$29,489

$22,117

$22,117

$22,117

27.2 Increase funds to annualize the FY07 adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (H and CC:Reduce annualizer to match 3% pay raise)

State General Funds

$34,905

$26,179

$34,905

$26,179

27.3 Increase funds to annualize the FY07 adjustment in Workers' Compensation premiums.

State General Funds

$1,037

$1,037

$1,037

$1,037

27.4 Increase funds for a 4% pay raise for staff effective January 1, 2008. (S and CC:Reduce pay raise to 3%)

State General Funds

$31,200

$0

$23,400

$23,400

27.5 Increase funds for security training to judges and staff. [One-Time Change]

State General Funds

$50,000

$50,000

$0

$25,000

27.6 Increase funds to provide for increases in operations.

State General Funds

$7,146

$7,146

$7,146

$7,146

27.7 Eliminate funds received in HB1181 (FY05) for the one-time family law resource project.

State General Funds

($50,000)

$0

27.8 Increase funds to reflect the increase in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$79,551

$79,551

27.9 Increase funds to reflect the FY08 adjustment in Workers' Compensation premiums.

State General Funds

$9,357

$9,357

27.0Judicial Administrative Districts

Appropriation (HB 95)

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.

4344

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,338,498 $2,338,498 $2,338,498

$2,291,200 $2,291,200 $2,291,200

$2,312,234 $2,312,234 $2,312,234

$2,378,508 $2,378,508 $2,378,508

Superior Court Judges

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$50,109,108 $50,109,108 $50,109,108

$50,109,108 $50,109,108 $50,109,108

$50,109,108 $50,109,108 $50,109,108

$50,109,108 $50,109,108 $50,109,108

28.1 Increase funds to annualize the step increase pay raise for secretaries effective April 1, 2007.

State General Funds

$466,912

$0

$0

$0

28.2 Increase funds to annualize the FY07 4% pay raise for staff. (H and S:Reduce pay raise to 3%)

State General Funds

$195,313

$146,485

$146,485

$146,485

28.3 Increase funds to annualize the FY07 the 2.89% pay raise for Judges.

State General Funds

$399,858

$399,858

$399,858

$399,858

28.4 Increase funds to annualize the FY07 adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (H and CC:Reduce annualizer to match 3% pay raise)

State General Funds

$99,967

$74,976

$99,967

$74,976

28.5 Increase funds to annualize the FY07 adjustment in Workers' Compensation premiums.

State General Funds

$6,989

$6,989

$6,989

$6,989

28.6 Increase funds for the Senior Judge daily compensation rate.

State General Funds

$500,000

$0

$0

$0

28.7 Increase funds to annualize the new judgeships created in HB1027 (FY07) for the Cobb and Dublin Judicial Circuits. (H:Reflect twelve months rather than six months)(S and CC:Fund five additional judgeships for Cobb, Dublin, Gwinnett, Enotah and Cordele Judicial Circuits created in HB118 - 2007 Session)

State General Funds

$362,038

$724,136

$1,297,223

$1,297,223

28.8 Increase funds for a 4% salary increase for Judges effective January 1, 2008. (S and CC:Reduce pay raise to 3%)

State General Funds

$605,096

$0

$453,822

$453,822

FRIDAY, APRIL 20, 2007

4345

28.9 Increase funds for a 4% pay raise for secretaries effective January 1, 2008. (S and CC:Reduce pay raise to 3%)

State General Funds

$245,539

$0

$184,154

$184,154

28.10 Increase funds for a 4% pay raise for law clerks effective January 1, 2008. (S and CC:Reduce pay raise to 3%)

State General Funds

$64,677

$0

$48,505

$48,505

28.11 Increase funds for the secretaries' pay raise requested in HB1027 (FY07) effective April 1, 2007. (S:Change effective date to January 1, 2008)(CC:Effective July 1, 2007)

State General Funds

$2,011,631

$2,011,631

$1,005,816

$2,011,631

28.12 Increase funds for the increase in the mileage reimbursement rate from $0.28 to $0.445 per mile.

State General Funds

$220,000

$220,000

$220,000

$220,000

28.13 Increase funds for Grants to Counties for increases in operations.

State General Funds

$480,829

$118,791

$0

$0

28.14 Increase funds for an increase in the Senior Judge daily compensation rate.

State General Funds

$518,392

$0

$259,196

$0

28.15 Increase funds for ten new law clerk positions and additional requirements. (CC:Move funds from the Council of Superior Court Clerks program to fund an additional law clerk for the Atlantic Judicial Circuit)

State General Funds

$513,614

$513,614

$0

$53,541

28.16 Increase funds for court house security. (H:See House version of HB94) [One-Time Change]

State General Funds

$1,500,000

$0

$0

$0

28.17 Eliminate one-time funds received for equipment, furniture and office supplies for ten new judgeships created since 2000.

State General Funds

($150,000)

($150,000)

28.18 Eliminate one-time funds for the Fulton County Business Court created in HB1181 (FY05) as a two year pilot program. (CC:Extend for one additional year through FY08)

State General Funds

($100,000)

$0

28.19 Eliminate funds received in HB85 (FY06) for the one-time Interpreter Certification program.

State General Funds

($50,000)

($50,000)

28.20 Increase funds to reflect the increase in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$2,132,812

$2,132,812

4346

JOURNAL OF THE HOUSE

28.21 Increase funds to reflect the FY08 adjustment in Workers' Compensation premiums.

State General Funds

$115,911

$115,911

28.22 Increase funds for one-time equipment and furniture. [One-Time Change]

State General Funds

$75,000

28.99 CC: The purpose of this appropriation is to enable Georgia's Superior Courts to be general jurisdiction trial court and exercise exclusive, constitutional authority over felony cases, divorce, equity and cases regarding title to land; provided that law clerks over the fifty provided by law are to be allocated back to the circuits by caseload ranks. Senate: The purpose of this appropriation is to enable Georgia's Superior Courts to be general jurisdiction trial court and exercise exclusive, constitutional authority over felony cases, divorce, equity and cases regarding title to land; provided that law clerks over the fifty provided by law are to be allocated back to the circuits by caseload ranks.

State General Funds

$0

$0

28.0Superior Court Judges

Appropriation (HB 95)

The purpose of this appropriation is to enable Georgia's Superior Courts to be general jurisdiction trial court and exercise exclusive, constitutional authority over felony cases, divorce, equity and cases regarding title to land; provided that law clerks over the fifty provided by law are to be allocated back to the circuits by caseload ranks.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$58,299,963 $58,299,963 $58,299,963

$54,325,588 $54,325,588 $54,325,588

$56,179,846 $56,179,846 $56,179,846

$57,130,015 $57,130,015 $57,130,015

Section 11: Supreme Court

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$7,921,323 $7,921,323 $7,921,323

$7,921,323 $7,921,323 $7,921,323

$7,921,323 $7,921,323 $7,921,323

$7,921,323 $7,921,323 $7,921,323

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$8,489,595 $8,489,595 $8,489,595

Section Total - Final

$8,357,817 $8,357,817 $8,357,817

$8,700,335 $8,700,335 $8,700,335

$8,700,335 $8,700,335 $8,700,335

FRIDAY, APRIL 20, 2007

4347

Supreme Court of Georgia

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$7,921,323 $7,921,323 $7,921,323

$7,921,323 $7,921,323 $7,921,323

$7,921,323 $7,921,323 $7,921,323

$7,921,323 $7,921,323 $7,921,323

29.1 Increase funds to annualize the FY07 2.89% pay raise for judges and 4% pay raise for staff. (S and CC:Reduce pay raise to 3% for staff)

State General Funds

$234,202

$234,202

$186,458

$186,458

29.2 Increase funds to annualize the FY07 adjustment to the Georgia Building Authority (GBA) rental rate for office space.

State General Funds

$80,477

$80,477

$80,477

$80,477

29.3 Increase funds to annualize the FY07 adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (H and S:Reduce annualizer to match 3% pay raise)

State General Funds

$117,252

$116,401

$116,401

$116,401

29.4 Increase funds to annualize the FY07 adjustment in Workers' Compensation premiums.

State General Funds

$5,414

$5,414

$5,414

$5,414

29.5 Increase funds for a 4% pay raise for judges and staff effective January 1, 2008. (S and CC:Reduce pay raise to 3%)

State General Funds

$130,927

$0

$98,195

$98,195

29.6 Realize Georgia Technology Authority (GTA) savings and reduce funds from operations.

State General Funds

($6,248)

($6,248)

29.7 Increase funds to reflect the increase in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$286,015

$286,015

29.8 Increase funds to reflect the FY08 adjustment in Workers' Compensation premiums.

State General Funds

$12,300

$12,300

29.0Supreme Court of Georgia

Appropriation (HB 95)

4348

JOURNAL OF THE HOUSE

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 State General Funds
TOTAL PUBLIC FUNDS

$8,489,595 $8,489,595 $8,489,595

$8,357,817 $8,357,817 $8,357,817

$8,700,335 $8,700,335 $8,700,335

$8,700,335 $8,700,335 $8,700,335

Section 12: Accounting Office, State

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

$6,802,841 $6,802,841 $8,973,456 $8,973,456 $15,776,297

$6,802,841 $6,802,841 $8,973,456 $8,973,456 $15,776,297

$6,802,841 $6,802,841 $8,973,456 $8,973,456 $15,776,297

$6,802,841 $6,802,841 $8,973,456 $8,973,456 $15,776,297

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

$7,459,351 $7,459,351 $8,973,456 $8,973,456 $16,432,807

Section Total - Final

$7,459,351 $7,459,351 $8,973,456 $8,973,456 $16,432,807

$6,555,916 $6,555,916 $8,973,456 $8,973,456 $15,529,372

$7,205,916 $7,205,916 $8,973,456 $8,973,456 $16,179,372

State Accounting Office

Continuation Budget

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 State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Accounting System Assessments
TOTAL PUBLIC FUNDS

$6,802,841 $6,802,841 $8,973,456 $8,973,456 $8,973,456 $15,776,297

$6,802,841 $6,802,841 $8,973,456 $8,973,456 $8,973,456 $15,776,297

$6,802,841 $6,802,841 $8,973,456 $8,973,456 $8,973,456 $15,776,297

$6,802,841 $6,802,841 $8,973,456 $8,973,456 $8,973,456 $15,776,297

FRIDAY, APRIL 20, 2007

4349

30.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$31,389

$31,389

$31,389

$31,389

30.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$263,538

$263,538

$263,538

$263,538

30.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$386,439

$386,439

$386,439

$386,439

30.4 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$17,598

$17,598

$17,598

$17,598

30.5 Transfer funds and eleven positions for the Asset Management Program (AMP) initiative from the Department of Administrative Services.

State General Funds

$1,705,000

$1,705,000

$1,705,000

$1,705,000

30.6 Reduce non-recurring expenses related to the PeopleSoft upgrade, the statewide reporting tool, and the Accounts Receivable initiative.

State General Funds

($3,499,715) ($3,499,715) ($3,499,715) ($3,499,715)

30.7 Increase funds for seventeen positions and operations to support all agency functions.

State General Funds

$1,752,261

$1,752,261

$850,000

$1,500,000

30.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize state funds ($1,174) and agency funds ($3,341) for equipment purchases. (G:YES)(H:YES)

State General Funds Accounting System Assessments TOTAL PUBLIC FUNDS

$0

$0

($1,174)

($1,174)

$0

$0

$0

$0

$0

$0

($1,174)

($1,174)

30.0State Accounting Office

Appropriation (HB 95)

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 State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers

$7,459,351 $7,459,351 $8,973,456 $8,973,456

$7,459,351 $7,459,351 $8,973,456 $8,973,456

$6,555,916 $6,555,916 $8,973,456 $8,973,456

$7,205,916 $7,205,916 $8,973,456 $8,973,456

4350

JOURNAL OF THE HOUSE

Accounting System Assessments TOTAL PUBLIC FUNDS
Section 13: Administrative Services, Department of

$8,973,456 $16,432,807

$8,973,456 $16,432,807

$8,973,456 $15,529,372

$8,973,456 $16,179,372

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Interest and Investment Income Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

$22,016,619 $22,016,619 $6,882,284
$262,121 $1,483,725
$214,726 $4,921,712 $142,581,774 $142,581,774 $171,480,677

$22,016,619 $22,016,619 $6,882,284
$262,121 $1,483,725
$214,726 $4,921,712 $142,581,774 $142,581,774 $171,480,677

$22,016,619 $22,016,619 $6,882,284
$262,121 $1,483,725
$214,726 $4,921,712 $142,581,774 $142,581,774 $171,480,677

$22,016,619 $22,016,619 $6,882,284
$262,121 $1,483,725
$214,726 $4,921,712 $142,581,774 $142,581,774 $171,480,677

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Interest and Investment Income Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

$20,314,227 $20,314,227 $6,919,882
$262,121 $1,483,725
$214,726 $4,959,310 $142,265,914 $142,265,914 $169,500,023

Section Total - Final

$19,289,227 $19,289,227 $6,919,882
$262,121 $1,483,725
$214,726 $4,959,310 $142,265,914 $142,265,914 $168,475,023

$16,327,634 $16,327,634 $7,523,494
$262,121 $1,483,725
$214,726 $5,562,922 $142,287,597 $142,287,597 $166,138,725

$16,118,189 $16,118,189 $7,523,494
$262,121 $1,483,725
$214,726 $5,562,922 $142,287,597 $142,287,597 $165,929,280

Departmental Administration

Continuation Budget

The purpose of this appropriation is to provide administrative support to all department programs.

TOTAL STATE FUNDS State General Funds

$3,495,206 $3,495,206

$3,495,206 $3,495,206

$3,495,206 $3,495,206

$3,495,206 $3,495,206

FRIDAY, APRIL 20, 2007

4351

TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Mail and Courier Services Motor Vehicle Rental Payments Risk Management Assessments
TOTAL PUBLIC FUNDS

$849,268 $62,121 $62,121 $59,151 $59,151
$727,996 $727,996 $1,235,392 $1,235,392
$21,818 $250,719 $203,686 $759,169 $5,579,866

$849,268 $62,121 $62,121 $59,151 $59,151
$727,996 $727,996 $1,235,392 $1,235,392
$21,818 $250,719 $203,686 $759,169 $5,579,866

$849,268 $62,121 $62,121 $59,151 $59,151
$727,996 $727,996 $1,235,392 $1,235,392
$21,818 $250,719 $203,686 $759,169 $5,579,866

$849,268 $62,121 $62,121 $59,151 $59,151
$727,996 $727,996 $1,235,392 $1,235,392
$21,818 $250,719 $203,686 $759,169 $5,579,866

31.1 Annualize the cost of the FY07 salary adjustment.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$13,084 $14,172 $27,256

$13,084 $14,172 $27,256

$13,084 $14,172 $27,256

$13,084 $14,172 $27,256

31.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$48,251

$48,251

$48,251

$48,251

31.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$121,129

$121,129

$121,129

$121,129

31.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$59,571

$59,571

$59,571

$59,571

31.5 Increase funds for a Georgia Building Authority (GBA) rate change. (S and CC:NO to GBA rate increase for utilities)

State General Funds

$17,344

$17,344

$0

$0

31.6 Transfer funds and three positions to the State Purchasing program to enhance customer service and vendor relations.

4352

JOURNAL OF THE HOUSE

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($146,678) ($101,090) ($247,768)

($146,678) ($101,090) ($247,768)

$0

($146,678)

$0

($101,090)

$0

($247,768)

31.7 Reduce funds to reflect anticipated savings to be realized as the result of twenty additional attorneys for the Department of Law.

State General Funds

($1,209,445)

31.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize state funds ($28,908) and agency funds ($13,980) for asset management expenses. (G:YES)(H:YES)

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$0

$0

($28,908)

($28,908)

$0

$0

$0

$0

$0

$0

($28,908)

($28,908)

31.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize state funds ($2,274) and agency funds ($1,359) for asset management expenses. (G:YES)(H:YES)

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$0

$0

($2,274)

($2,274)

$0

$0

$0

$0

$0

$0

($2,274)

($2,274)

31.0Departmental Administration

Appropriation (HB 95)

The purpose of this appropriation is to provide administrative support to all department programs.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Mail and Courier Services

$3,607,907 $3,607,907
$762,350 $62,121 $62,121 $59,151 $59,151
$641,078 $641,078 $1,235,392 $1,235,392
$21,818 $250,719

$3,607,907 $3,607,907
$762,350 $62,121 $62,121 $59,151 $59,151
$641,078 $641,078 $1,235,392 $1,235,392
$21,818 $250,719

$3,706,059 $3,706,059
$863,440 $62,121 $62,121 $59,151 $59,151
$742,168 $742,168 $1,235,392 $1,235,392
$21,818 $250,719

$2,349,936 $2,349,936
$762,350 $62,121 $62,121 $59,151 $59,151
$641,078 $641,078 $1,235,392 $1,235,392
$21,818 $250,719

FRIDAY, APRIL 20, 2007

4353

Motor Vehicle Rental Payments Risk Management Assessments TOTAL PUBLIC FUNDS

$203,686 $759,169 $5,605,649

$203,686 $759,169 $5,605,649

$203,686 $759,169 $5,804,891

$203,686 $759,169 $4,347,678

Fiscal Services

Continuation Budget

The purpose of this appropriation is to provide administrative functions and services necessary for the fulfillment of the

responsibilities of the Superior Courts.

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$0 $0 $322,037 $322,037 $322,037 $322,037

$0 $0 $322,037 $322,037 $322,037 $322,037

$0 $0 $322,037 $322,037 $322,037 $322,037

$0 $0 $322,037 $322,037 $322,037 $322,037

32.1 Annualize the cost of the FY07 salary adjustment.

Agency to Agency Contracts

$3,147

$3,147

$3,147

$3,147

32.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($135) for asset management expenses. (G:YES)(H:YES)(S:YES)

Agency to Agency Contracts

$0

$0

$0

$0

32.0Fiscal Services

Appropriation (HB 95)

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 State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$325,184 $325,184 $325,184 $325,184

$325,184 $325,184 $325,184 $325,184

$325,184 $325,184 $325,184 $325,184

$325,184 $325,184 $325,184 $325,184

Fleet Management

Continuation Budget

The purpose 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.

4354

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Motor Vehicle Rental Payments
TOTAL PUBLIC FUNDS

$0 $0 $863,905 $863,905 $863,905 $1,638,759 $1,638,759 $1,638,759 $2,502,664

$0 $0 $863,905 $863,905 $863,905 $1,638,759 $1,638,759 $1,638,759 $2,502,664

$0 $0 $863,905 $863,905 $863,905 $1,638,759 $1,638,759 $1,638,759 $2,502,664

$0 $0 $863,905 $863,905 $863,905 $1,638,759 $1,638,759 $1,638,759 $2,502,664

33.1 Annualize the cost of the FY07 salary adjustment.

Motor Vehicle Rental Payments

$8,249

$8,249

$8,249

$8,249

33.2 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds Motor Vehicle Rental Payments TOTAL PUBLIC FUNDS

$2,041

$2,041

$0 $2,041 $2,041

$0 $2,041 $2,041

33.3 Reduce funds for replacement vehicles due to the decreased size of the rental pool.

Motor Vehicle Rental Payments

($114,677)

($114,677)

($114,677)

($114,677)

33.4 Reduce funds for motor vehicle contract maintenance due to programmatic changes.

Motor Vehicle Rental Payments

($243,940)

($243,940)

($243,940)

($243,940)

33.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($960) for asset management expenses. (G:YES)(H:YES)(S:YES)

Motor Vehicle Rental Payments

$0

$0

$0

$0

33.0Fleet Management

Appropriation (HB 95)

The purpose 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 STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements

$2,041 $2,041 $863,905 $863,905

$2,041 $2,041 $863,905 $863,905

$863,905 $863,905

$863,905 $863,905

FRIDAY, APRIL 20, 2007

4355

Rebates, Refunds, and Reimbursements Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
State Funds Transfers Motor Vehicle Rental Payments
TOTAL PUBLIC FUNDS

$863,905 $1,288,391 $1,288,391 $1,288,391 $2,154,337

$863,905 $1,288,391 $1,288,391 $1,288,391 $2,154,337

$863,905 $1,290,432 $1,290,432 $1,290,432 $2,154,337

$863,905 $1,290,432 $1,290,432 $1,290,432 $2,154,337

Mail and Courier

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Mail and Courier Services
TOTAL PUBLIC FUNDS

$0 $0 $1,387,642 $1,387,642 $1,387,642 $1,387,642

$0 $0 $1,387,642 $1,387,642 $1,387,642 $1,387,642

$0 $0 $1,387,642 $1,387,642 $1,387,642 $1,387,642

$0 $0 $1,387,642 $1,387,642 $1,387,642 $1,387,642

34.1 Annualize the cost of the FY07 salary adjustment.

Mail and Courier Services

$5,462

$5,462

$5,462

$5,462

34.2 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds Mail and Courier Services TOTAL PUBLIC FUNDS

$5,878

$5,878

$0 $5,878 $5,878

$0 $5,878 $5,878

34.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($905) for asset management expenses. (G:YES)(H:YES)(S:YES)

Mail and Courier Services

$0

$0

$0

$0

34.0Mail and Courier

Appropriation (HB 95)

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 STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$5,878 $5,878 $1,393,104

$5,878 $5,878 $1,393,104

$1,398,982

$1,398,982

4356

JOURNAL OF THE HOUSE

State Funds Transfers Mail and Courier Services
TOTAL PUBLIC FUNDS

$1,393,104 $1,393,104 $1,398,982

$1,393,104 $1,393,104 $1,398,982

$1,398,982 $1,398,982 $1,398,982

$1,398,982 $1,398,982 $1,398,982

Risk Management

Continuation Budget

The purpose is cost minimization and fair treatment of citizens through effective claims management.

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Liability Funds Property Insurance Funds Unemployment Compensation Funds Workers Compensation Funds
TOTAL PUBLIC FUNDS

$0 $0 $137,389,260 $137,389,260 $978,423 $51,764,816 $20,678,179 $8,046,494 $55,921,348 $137,389,260

$0 $0 $137,389,260 $137,389,260 $978,423 $51,764,816 $20,678,179 $8,046,494 $55,921,348 $137,389,260

$0 $0 $137,389,260 $137,389,260 $978,423 $51,764,816 $20,678,179 $8,046,494 $55,921,348 $137,389,260

$0 $0 $137,389,260 $137,389,260 $978,423 $51,764,816 $20,678,179 $8,046,494 $55,921,348 $137,389,260

35.1 Annualize the cost of the FY07 salary adjustment.

Liability Funds

$25,899

$25,899

$25,899

$25,899

35.2 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds Liability Funds TOTAL PUBLIC FUNDS

$13,764

$13,764

$0 $13,764 $13,764

$0 $13,764 $13,764

35.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($7,929) for asset management expenses. (G:YES)(H:YES)(S:YES)

Workers Compensation Funds

$0

$0

$0

$0

35.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($3,824) for asset management expenses. (G:YES)(H:YES)(S:YES)

Workers Compensation Funds

$0

$0

$0

$0

35.0Risk Management

Appropriation (HB 95)

The purpose is cost minimization and fair treatment of citizens through effective claims management.

FRIDAY, APRIL 20, 2007

4357

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Liability Funds Property Insurance Funds Unemployment Compensation Funds Workers Compensation Funds
TOTAL PUBLIC FUNDS

$13,764 $13,764 $137,415,159 $137,415,159 $978,423 $51,790,715 $20,678,179 $8,046,494 $55,921,348 $137,428,923

$13,764 $13,764 $137,415,159 $137,415,159 $978,423 $51,790,715 $20,678,179 $8,046,494 $55,921,348 $137,428,923

$137,428,923 $137,428,923
$978,423 $51,804,479 $20,678,179 $8,046,494 $55,921,348 $137,428,923

$137,428,923 $137,428,923
$978,423 $51,804,479 $20,678,179 $8,046,494 $55,921,348 $137,428,923

State Purchasing

Continuation Budget

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.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL PUBLIC FUNDS

$9,465,212 $9,465,212
$185,003 $185,003 $185,003 $9,650,215

$9,465,212 $9,465,212
$185,003 $185,003 $185,003 $9,650,215

$9,465,212 $9,465,212
$185,003 $185,003 $185,003 $9,650,215

$9,465,212 $9,465,212
$185,003 $185,003 $185,003 $9,650,215

36.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$49,658

$49,658

$49,658

$49,658

36.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$99,632

$99,632

$99,632

$99,632

36.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$250,118

$250,118

$250,118

$250,118

36.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$101,842

$101,842

$101,842

$101,842

36.5 Increase funds for a Georgia Building Authority (GBA) rate change. (S and CC:NO to GBA rate increase for utilities)

4358

JOURNAL OF THE HOUSE

State General Funds

$11,437

$11,437

$0

$0

36.6 Transfer funds and three positions from the Departmental Administration program to enhance customer service and vendor relations.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$146,678 $101,090 $247,768

$146,678 $101,090 $247,768

$0

$146,678

$0

$101,090

$0

$247,768

36.7 Transfer the Asset Management Program (AMP) initiative to the State Accounting Office.

State General Funds

($1,705,000) ($1,705,000) ($1,705,000) ($1,705,000)

36.8 Reduce funds from the E-Procurement initiative.

State General Funds

($1,008,539) ($1,008,539) ($1,008,539) ($1,008,539)

36.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($57,320) for asset management expenses. (G:YES)(H:YES)

State General Funds

$0

$0

($57,320)

($57,320)

36.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($5,752) for asset management expenses. (G:YES)(H:YES)

State General Funds

$0

$0

($5,752)

($5,752)

36.0State Purchasing

Appropriation (HB 95)

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.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$7,411,038 $7,411,038
$286,093 $185,003 $185,003 $101,090 $101,090 $7,697,131

$7,411,038 $7,411,038
$286,093 $185,003 $185,003 $101,090 $101,090 $7,697,131

$7,189,851 $7,189,851
$185,003 $185,003 $185,003
$7,374,854

$7,336,529 $7,336,529
$286,093 $185,003 $185,003 $101,090 $101,090 $7,622,622

Surplus Property

Continuation Budget

FRIDAY, APRIL 20, 2007

4359

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 STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $2,317,944 $2,317,944 $2,317,944 $2,317,944

$0 $0 $2,317,944 $2,317,944 $2,317,944 $2,317,944

$0 $0 $2,317,944 $2,317,944 $2,317,944 $2,317,944

$0 $0 $2,317,944 $2,317,944 $2,317,944 $2,317,944

37.1 Annualize the cost of the FY07 salary adjustment.

Sales and Services Not Itemized

$14,947

$14,947

$14,947

$14,947

37.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($116) for asset management expenses. (G:YES)(H:YES)(S:YES)

Sales and Services Not Itemized

$0

$0

$0

$0

37.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($3,973) for asset management expenses. (G:YES)(H:YES)(S:YES)

Sales and Services Not Itemized

$0

$0

$0

$0

37.0Surplus Property

Appropriation (HB 95)

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 Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$2,332,891 $2,332,891 $2,332,891 $2,332,891

$2,332,891 $2,332,891 $2,332,891 $2,332,891

$2,332,891 $2,332,891 $2,332,891 $2,332,891

$2,332,891 $2,332,891 $2,332,891 $2,332,891

U.S. Post Office

Continuation Budget

The purpose of this appropriation is to provide convenient and cost-effective postal services to agencies and individuals.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS

$17,721 $17,721 $155,575

$17,721 $17,721 $155,575

$17,721 $17,721 $155,575

$17,721 $17,721 $155,575

4360

JOURNAL OF THE HOUSE

Royalties and Rents Royalties and Rents Not Itemized
TOTAL PUBLIC FUNDS

$155,575 $155,575 $173,296

$155,575 $155,575 $173,296

$155,575 $155,575 $173,296

$155,575 $155,575 $173,296

38.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$1,333

$1,333

$1,333

$1,333

38.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$281

$281

$281

$281

38.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$706

$706

$706

$706

38.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$38

$38

$38

$38

38.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$1,336

$1,336

$1,336

$1,336

38.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($323) for asset management expenses. (G:YES)(H:YES)(S:YES)

Royalties and Rents Not Itemized

$0

$0

$0

$0

38.0U.S. Post Office

Appropriation (HB 95)

The purpose of this appropriation is to provide convenient and cost-effective postal services to agencies and individuals.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized
TOTAL PUBLIC FUNDS

$21,415 $21,415 $155,575 $155,575 $155,575 $176,990

$21,415 $21,415 $155,575 $155,575 $155,575 $176,990

$21,415 $21,415 $155,575 $155,575 $155,575 $176,990

$21,415 $21,415 $155,575 $155,575 $155,575 $176,990

Administrative Hearings, Office of State

Continuation Budget

The purpose of this appropriation is to provide an impartial, independent forum for resolving disputes between the public and state

agencies.

FRIDAY, APRIL 20, 2007

4361

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Administrative Hearing Payments
TOTAL PUBLIC FUNDS

$3,829,252 $3,829,252
$608,684 $608,684 $608,684 $4,437,936

$3,829,252 $3,829,252
$608,684 $608,684 $608,684 $4,437,936

$3,829,252 $3,829,252
$608,684 $608,684 $608,684 $4,437,936

$3,829,252 $3,829,252
$608,684 $608,684 $608,684 $4,437,936

39.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$18,308

$18,308

$18,308

$18,308

39.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$57,589

$57,589

$57,589

$57,589

39.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$146,658

$146,658

$146,658

$146,658

39.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize state funds ($7,204) and agency funds ($1,144) for the annual maintenance of case tracking software. (G:YES)(H:YES)

State General Funds Administrative Hearing Payments TOTAL PUBLIC FUNDS

$0

$0

($7,204)

($7,204)

$0

$0

$0

$0

$0

$0

($7,204)

($7,204)

39.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize state funds ($1,890) and agency funds ($300) for the annual maintenance of case tracking software. (G:YES)(H:YES)

State General Funds Administrative Hearing Payments TOTAL PUBLIC FUNDS

$0

$0

($1,890)

($1,890)

$0

$0

$0

$0

$0

$0

($1,890)

($1,890)

39.0Administrative Hearings, Office of State

Appropriation (HB 95)

The purpose of this appropriation is to provide an impartial, independent forum for resolving disputes between the public and state agencies.

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$4,051,807 $4,051,807
$608,684

$4,051,807 $4,051,807
$608,684

$4,042,713 $4,042,713
$608,684

$4,042,713 $4,042,713
$608,684

4362

JOURNAL OF THE HOUSE

State Funds Transfers Administrative Hearing Payments
TOTAL PUBLIC FUNDS

$608,684 $608,684 $4,660,491

$608,684 $608,684 $4,660,491

$608,684 $608,684 $4,651,397

$608,684 $608,684 $4,651,397

Hazardous Materials, Agency for the Removal of

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$85,354 $85,354 $85,354

$85,354 $85,354 $85,354

$85,354 $85,354 $85,354

$85,354 $85,354 $85,354

40.0Hazardous Materials, Agency for the Removal of

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$85,354 $85,354 $85,354

$85,354 $85,354 $85,354

$85,354 $85,354 $85,354

$85,354 $85,354 $85,354

Health Planning Review Board The purpose of this appropriation is to review decisions made by hearing officers.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$60,473 $60,473 $60,473

Continuation Budget

$60,473 $60,473 $60,473

$60,473 $60,473 $60,473

$60,473 $60,473 $60,473

41.0Health Planning Review Board

The purpose of this appropriation is to review decisions made by hearing officers.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$60,473 $60,473 $60,473

Appropriation (HB 95)

$60,473 $60,473 $60,473

$60,473 $60,473 $60,473

$60,473 $60,473 $60,473

Payments to Georgia Technology Authority

Continuation Budget

FRIDAY, APRIL 20, 2007

4363

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 State General Funds
TOTAL PUBLIC FUNDS

$4,396,769 $4,396,769 $4,396,769

$4,396,769 $4,396,769 $4,396,769

$4,396,769 $4,396,769 $4,396,769

$4,396,769 $4,396,769 $4,396,769

42.1 Annualize the cost of the FY07 salary adjustment ($383,797).

Telecommunication and Technology Payments

$0

$0

$0

$0

42.2 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$53,858

$53,858

$0

$0

42.3 Reduce one-time funds for the Information Technology (IT) efficiency and modernization project ($2,000,000).

Telecommunication and Technology Payments

$0

$0

$0

$0

42.4 Reduce funds for part-time hourly staff due to the FY07 completion of the productivity platform project ($50,000).

Telecommunication and Technology Payments

$0

$0

$0

$0

42.5 Reduce funds and eliminate five vacant positions due to a decrease in workload ($280,257).

Telecommunication and Technology Payments

$0

$0

$0

$0

42.6 Reduce funds for agency expenses due to a decrease in telecommunications and computer revenues in FY06 ($210,500).

Telecommunication and Technology Payments

$0

$0

$0

$0

42.7 Reduce funds due to the surplus of twenty-one vehicles in FY07 ($28,646).

Telecommunication and Technology Payments

$0

$0

$0

$0

42.8 Reduce funds for materials for resale in the Data Center as Georgia Technology Authority (GTA) is selling less IT-related equipment due to agencies working directly with vendors ($62,895).

Telecommunication and Technology Payments

$0

$0

$0

$0

42.9 Reduce funds for software purchases to reflect actual needs ($523,000).

Telecommunication and Technology Payments

$0

$0

$0

$0

42.10 Reduce funds for part-time hourly staff due to the completion of various projects ($591,928).

Telecommunication and Technology Payments

$0

$0

$0

$0

4364

JOURNAL OF THE HOUSE

42.11 Reduce funds for contracted staff due to a decrease in workload resulting from the implementation of the state's Wide Area Network ($166,318).

Telecommunication and Technology Payments

$0

$0

$0

$0

42.12 Reduce funds for the Wireless Communities Georgia initiative.

State General Funds

($2,000,000) ($4,000,000) ($3,000,000)

42.99 CC: The purpose of this appropriation is to provide for consultant fees related to the Commission for a New Georgia

initiatives.

Senate: The purpose of this appropriation is to provide for consultant fees related to the Commission for a New Georgia

initiatives.

House: Set the direction for the state's use of technology and promote efficient, secure and cost-effective delivery of

information

technology

services.

Governor: Set the direction for the state's use of technology and promote efficient, secure and cost-effective delivery of

information

technology

services.

State General Funds

$0

$0

$0

$0

42.0Payments to Georgia Technology Authority

Appropriation (HB 95)

The purpose of this appropriation is to provide for consultant fees related to the Commission for a New Georgia initiatives.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$4,450,627 $4,450,627 $4,450,627

$2,450,627 $2,450,627 $2,450,627

$396,769 $396,769 $396,769

$1,396,769 $1,396,769 $1,396,769

Treasury and Fiscal Services, Office of

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized

$666,632 $666,632 $2,510,589 $200,000 $200,000 $434,817 $434,817

$666,632 $666,632 $2,510,589 $200,000 $200,000 $434,817 $434,817

$666,632 $666,632 $2,510,589 $200,000 $200,000 $434,817 $434,817

$666,632 $666,632 $2,510,589 $200,000 $200,000 $434,817 $434,817

FRIDAY, APRIL 20, 2007

4365

Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,875,772 $1,875,772 $3,177,221

$1,875,772 $1,875,772 $3,177,221

$1,875,772 $1,875,772 $3,177,221

$1,875,772 $1,875,772 $3,177,221

43.1 Annualize the cost of the FY07 salary adjustment.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$7,323 $8,479 $15,802

$7,323 $8,479 $15,802

$0 $15,802 $15,802

$0 $15,802 $15,802

43.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$7,393

$7,393

$0 $7,393 $7,393

$0 $7,393 $7,393

43.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$18,575

$18,575

$0 $18,575 $18,575

$0 $18,575 $18,575

43.4 Reduce funds for non-recurring expenses for consultants for the Streamline Banking project.

State General Funds

($96,000)

($96,000)

($96,000)

($96,000)

43.5 Replace funds.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($570,321) $570,321
$0

($570,321) $570,321
$0

43.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize state funds ($169) and agency funds ($1,240) for operations. (G:YES)(H:YES)

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$0

$0

($169)

($169)

$0

$0

$0

$0

$0

$0

($169)

($169)

43.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize state funds ($142) and agency funds ($1,240) for operations. (G:YES)(H:YES)

4366

JOURNAL OF THE HOUSE

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$0

$0

($142)

($142)

$0

$0

$0

$0

$0

$0

($142)

($142)

43.0Treasury and Fiscal Services, Office of

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$603,923 $603,923 $2,519,068 $200,000 $200,000 $434,817 $434,817 $1,884,251 $1,884,251 $3,122,991

$603,923 $603,923 $2,519,068 $200,000 $200,000 $434,817 $434,817 $1,884,251 $1,884,251 $3,122,991

$3,122,680 $200,000 $200,000 $434,817 $434,817
$2,487,863 $2,487,863 $3,122,680

$3,122,680 $200,000 $200,000 $434,817 $434,817
$2,487,863 $2,487,863 $3,122,680

Compensation Per General Assembly Resolutions

Continuation Budget

TOTAL STATE FUNDS State General Funds

$0

$0

$0

$0

$0

$0

399.1 Increase funds for an annuity for a wrongfully convicted inmate as required by HR102 (2007 Session). (H:Recognize in the Departmental Administration program) [One-Time Change]

State General Funds

$975,000

$825,000

$825,000

399.2 CC: The purpose of this appropriation is to fund HR102 of the 2007 Session. Senate: The purpose of this appropriation is to fund HR102 of the 2007 Session.

State General Funds 399.0Compensation Per General Assembly Resolutions

$0

$0

Appropriation (HB 95)

FRIDAY, APRIL 20, 2007

4367

The purpose of this appropriation is to fund HR102 of the 2007 Session. TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS
Section 14: Agriculture, Department of

$975,000 $975,000 $975,000

$825,000 $825,000 $825,000

$825,000 $825,000 $825,000

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services
TOTAL PUBLIC FUNDS

$42,911,540 $42,911,540 $6,849,321 $6,849,321 $1,884,689
$663,868 $100,000 $1,120,821 $51,645,550

$42,911,540 $42,911,540 $6,849,321 $6,849,321 $1,884,689
$663,868 $100,000 $1,120,821 $51,645,550

$42,911,540 $42,911,540 $6,849,321 $6,849,321 $1,884,689
$663,868 $100,000 $1,120,821 $51,645,550

$42,911,540 $42,911,540 $6,849,321 $6,849,321 $1,884,689
$663,868 $100,000 $1,120,821 $51,645,550

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services
TOTAL PUBLIC FUNDS

$46,175,854 $46,175,854 $6,849,321 $6,849,321 $1,884,689
$663,868 $100,000 $1,120,821 $54,909,864

Section Total - Final

$46,294,295 $46,294,295 $6,849,321 $6,849,321 $1,884,689
$663,868 $100,000 $1,120,821 $55,028,305

$46,192,622 $46,192,622 $6,849,321 $6,849,321 $1,884,689
$663,868 $100,000 $1,120,821 $54,926,632

$46,192,622 $46,192,622 $6,849,321 $6,849,321 $1,884,689
$663,868 $100,000 $1,120,821 $54,926,632

Athens and Tifton Veterinary Laboratories

Continuation Budget

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.

4368

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,485,061 $3,485,061 $3,485,061

$3,485,061 $3,485,061 $3,485,061

$3,485,061 $3,485,061 $3,485,061

$3,485,061 $3,485,061 $3,485,061

44.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$166,168

$166,168

$166,168

$166,168

44.99 CC: The purpose of this appropriation is to ensure the health of production, equine and companion animals and protect public health as it relates to animals within the State of Georgia. Senate: The purpose of this appropriation is to ensure the health of production, equine and companion animals and protect public health as it relates to animals within the State of Georgia. House: The purpose of this appropriation is to ensure the health of production, equine and companion animals and protect public health as it relates to animals within the State of Georgia. Governor: Ensure the health of production, equine and companion animals and protect public health as it relates to animals within the State of Georgia.

State General Funds

$0

$0

$0

$0

44.0Athens and Tifton Veterinary Laboratories

Appropriation (HB 95)

The purpose of this appropriation is to ensure the health of production, equine and companion animals and protect public health as it relates to animals within the State of Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,651,229 $3,651,229 $3,651,229

$3,651,229 $3,651,229 $3,651,229

$3,651,229 $3,651,229 $3,651,229

$3,651,229 $3,651,229 $3,651,229

Consumer Protection

Continuation Budget

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized

$22,016,387 $22,016,387 $6,749,221 $6,749,221

$22,016,387 $22,016,387 $6,749,221 $6,749,221

$22,016,387 $22,016,387 $6,749,221 $6,749,221

$22,016,387 $22,016,387 $6,749,221 $6,749,221

FRIDAY, APRIL 20, 2007

4369

TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$935,000 $100,000 $100,000 $835,000 $835,000 $29,700,608

$935,000 $100,000 $100,000 $835,000 $835,000 $29,700,608

$935,000 $100,000 $100,000 $835,000 $835,000 $29,700,608

$935,000 $100,000 $100,000 $835,000 $835,000 $29,700,608

45.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$241,154

$241,154

$241,154

$241,154

45.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$284,736

$284,736

$284,736

$284,736

45.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$805,547

$805,547

$805,547

$805,547

45.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$258,818

$258,818

$258,818

$258,818

45.5 Increase funds for a Georgia Building Authority (GBA) rate change. (S and CC:NO to GBA rate increase for utilities)

State General Funds

$43,009

$43,009

$21,551

$21,551

45.6 Reduce funds from operations.

State General Funds

($103,831)

($103,831)

($103,831)

($103,831)

45.7 Increase funds to fill the following vacant positions: three food safety inspectors ($120,000); two plant protection inspectors ($80,000); one livestock/poultry inspector ($40,000); and two meat inspectors ($80,000). (H and S: Increase funds to fill the following vacant positions: three food safety inspectors ($120,000); two plant protection inspectors ($69,800); one livestock/poultry inspector ($28,888); two meat inspectors ($73,368))

State General Funds

$320,000

$292,056

$292,056

$292,056

45.8 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to increase funds for computer charges for the inspection automation project begun in HB1026 (FY06).

State General Funds

$59,452

$59,452

$0

$0

45.9 Increase funds to replace twenty vehicles with mileage in excess of 170,000 miles. (H and S:Increase funds to replace eight vehicles with mileage in excess of 170,000 miles) [One-Time Change]

4370

JOURNAL OF THE HOUSE

State General Funds

$120,000

$120,000

$120,000

45.10 Redirect $150,000 in bond funds, 5-year bonds approved in HB1181 (FY05), from predesign and design of a fuel laboratory in Forest Park to predesign of testing labs (Seed Lab, Chemical Lab, Fuel Lab, and Weights and Measures Lab) in Tifton. (H:YES)(S:YES)

State General Funds

$0

$0

$0

45.11 Increase funds for Homeland Security Agriculture Food Defense positions (an agriculture manager, two operations analysts and an administrative assistant). (S:Full year funding)

State General Funds

$64,093

$64,093

$64,093

45.99 CC: The purpose of this appropriation is to ensure a safe food supply, guarantee a safe and healthy supply of agricultural products, provide for accurate commercial transactions, and protect animal health (production, equine and companion) for the citizens of Georgia. Senate: The purpose of this appropriation is to ensure a safe food supply, guarantee a safe and healthy supply of agricultural products, provide for accurate commercial transactions, and protect animal health (production, equine and companion) for the citizens of Georgia. House: The purpose of this appropriation is to ensure a safe food supply, guarantee a safe and healthy supply of agricultural products, provide for accurate commercial transactions, and protect animal health (production, equine and companion) for the citizens of Georgia. Governor: Ensure a safe food supply, guarantee a safe and healthy supply of agricultural products, provide for accurate commercial transactions, and protect animal health (production, equine and companion) for the citizens of Georgia.

State General Funds

$0

$0

$0

$0

45.0Consumer Protection

Appropriation (HB 95)

The purpose of this appropriation is to ensure a safe food supply, guarantee a safe and healthy supply of agricultural products, provide for accurate commercial transactions, and protect animal health (production, equine and companion) for the citizens of Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements

$23,925,272 $23,925,272 $6,749,221 $6,749,221
$935,000 $100,000

$24,081,421 $24,081,421 $6,749,221 $6,749,221
$935,000 $100,000

$24,000,511 $24,000,511 $6,749,221 $6,749,221
$935,000 $100,000

$24,000,511 $24,000,511 $6,749,221 $6,749,221
$935,000 $100,000

FRIDAY, APRIL 20, 2007

4371

Rebates, Refunds, and Reimbursements Not Itemized Sales and Services
Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$100,000 $835,000 $835,000 $31,609,493

$100,000 $835,000 $835,000 $31,765,642

$100,000 $835,000 $835,000 $31,684,732

Departmental Administration

Continuation Budget

The purpose of this appropriation is to provide administrative support for all programs of the department.

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

$6,084,719 $6,084,719
$69,500 $69,500 $258,721 $258,721 $258,721 $6,412,940

$6,084,719 $6,084,719
$69,500 $69,500 $258,721 $258,721 $258,721 $6,412,940

$6,084,719 $6,084,719
$69,500 $69,500 $258,721 $258,721 $258,721 $6,412,940

$100,000 $835,000 $835,000 $31,684,732
$6,084,719 $6,084,719
$69,500 $69,500 $258,721 $258,721 $258,721 $6,412,940

46.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$44,156

$44,156

$44,156

$44,156

46.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$60,217

$60,217

$60,217

$60,217

46.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$135,315

$135,315

$135,315

$135,315

46.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$33,169

$33,169

$33,169

$33,169

46.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$20,763

$20,763

$0

$0

46.6 Increase funds for licensing, software and hosting fees to complete the automation of food safety and weights and measures inspections begun in HB1026 (FY06).

State General Funds

$109,928

$109,928

$109,928

$109,928

4372

JOURNAL OF THE HOUSE

46.7 Realize the Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from computer charges for the inspection automation project begun in HB1026 (FY06).

State General Funds

($59,452)

($59,452)

($59,452)

($59,452)

46.8 Increase funds to implement online licensing for more than 100 licenses and certificates the department issues. [One-Time
Change]

State General Funds

$400,000

$320,000

$320,000

$320,000

46.9 Increase funds for ongoing expenses for online licensing.

State General Funds

$80,000

$80,000

$80,000

46.10 Reduce funds from operations.

State General Funds

($25,189)

($25,189)

($25,189)

($25,189)

46.0Departmental Administration

Appropriation (HB 95)

The purpose of this appropriation is to provide administrative support for all programs of the department.

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

$6,803,626 $6,803,626
$69,500 $69,500 $258,721 $258,721 $258,721 $7,131,847

$6,803,626 $6,803,626
$69,500 $69,500 $258,721 $258,721 $258,721 $7,131,847

$6,782,863 $6,782,863
$69,500 $69,500 $258,721 $258,721 $258,721 $7,111,084

$6,782,863 $6,782,863
$69,500 $69,500 $258,721 $258,721 $258,721 $7,111,084

Marketing and Promotion

Continuation Budget

The purpose of this appropriation is to expand sales of Georgia's commodities from growers by promoting them domestically and

internationally.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers

$7,842,177 $7,842,177
$30,600 $30,600 $690,968 $663,868

$7,842,177 $7,842,177
$30,600 $30,600 $690,968 $663,868

$7,842,177 $7,842,177
$30,600 $30,600 $690,968 $663,868

$7,842,177 $7,842,177
$30,600 $30,600 $690,968 $663,868

FRIDAY, APRIL 20, 2007

4373

Intergovernmental Transfers Not Itemized Sales and Services
Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$663,868 $27,100 $27,100
$8,563,745

$663,868 $27,100 $27,100
$8,563,745

$663,868 $27,100 $27,100
$8,563,745

$663,868 $27,100 $27,100
$8,563,745

47.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$46,936

$46,936

$46,936

$46,936

47.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$68,141

$68,141

$68,141

$68,141

47.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$153,121

$153,121

$153,121

$153,121

47.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$56,007

$56,007

$56,007

$56,007

47.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$10,382

$10,382

$10,382

$10,382

47.6 Increase funds for operations.

State General Funds

$129,020

$129,020

$129,020

$129,020

47.7 Eliminate contract with the Federation of Southern Cooperatives.

State General Funds

($36,309)

($36,309)

($36,309)

47.0Marketing and Promotion

Appropriation (HB 95)

The purpose of this appropriation is to expand sales of Georgia's commodities from growers by promoting them domestically and internationally.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers

$8,305,784 $8,305,784
$30,600 $30,600 $690,968 $663,868

$8,269,475 $8,269,475
$30,600 $30,600 $690,968 $663,868

$8,269,475 $8,269,475
$30,600 $30,600 $690,968 $663,868

$8,269,475 $8,269,475
$30,600 $30,600 $690,968 $663,868

4374

JOURNAL OF THE HOUSE

Intergovernmental Transfers Not Itemized Sales and Services
Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$663,868 $27,100 $27,100
$9,027,352

$663,868 $27,100 $27,100
$8,991,043

$663,868 $27,100 $27,100
$8,991,043

$663,868 $27,100 $27,100
$8,991,043

Poultry Veterinary Diagnostic Labs

Continuation Budget

The purpose of this appropriation is to provide poultry disease diagnostic and monitoring services with emphasis on Avian Influenza.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,483,196 $3,483,196 $3,483,196

$3,483,196 $3,483,196 $3,483,196

$3,483,196 $3,483,196 $3,483,196

$3,483,196 $3,483,196 $3,483,196

48.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$47,142

$47,142

$47,142

$47,142

48.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$75,419

$75,419

$75,419

$75,419

48.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$3,771

$3,771

$3,771

$3,771

48.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$415

$415

$415

$415

48.5 Eliminate one-time funds received in HB1027 (FY07) for specific equipment purchases.

State General Funds

($120,000)

($121,399)

($121,399)

($121,399)

48.0Poultry Veterinary Diagnostic Labs

Appropriation (HB 95)

The purpose of this appropriation is to provide poultry disease diagnostic and monitoring services with emphasis on Avian Influenza.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,489,943 $3,489,943 $3,489,943

$3,488,544 $3,488,544 $3,488,544

$3,488,544 $3,488,544 $3,488,544

$3,488,544 $3,488,544 $3,488,544

Section 15: Banking and Finance, Department of

Section Total - Continuation

FRIDAY, APRIL 20, 2007

4375

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$11,581,920 $11,581,920 $11,581,920

$11,581,920 $11,581,920 $11,581,920

$11,581,920 $11,581,920 $11,581,920

$11,581,920 $11,581,920 $11,581,920

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$12,434,211 $12,434,211 $12,434,211

Section Total - Final

$12,434,211 $12,434,211 $12,434,211

$12,218,642 $12,218,642 $12,218,642

$12,218,642 $12,218,642 $12,218,642

Chartering, Licensing and Applications/Non-Mortgage Entities

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$512,992 $512,992 $512,992

$512,992 $512,992 $512,992

$512,992 $512,992 $512,992

$512,992 $512,992 $512,992

49.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$5,947

$5,947

$5,947

$5,947

49.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$337,804

$337,804

$337,804

$337,804

49.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$372,248

$372,248

$372,248

$372,248

49.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$24,810

$24,810

$24,810

$24,810

49.5 Realize non-Georgia Building Authority lease savings through the renegotiation of rates to reduce funds from operations.

State General Funds

($2,987)

($2,987)

($2,987)

($2,987)

49.98 Transfer all funds and activities to the Departmental Administration and Financial Institution Supervision programs, and create a new Non-Depository Financial Institution Supervision program. (G:YES)(H and S:NO; Do not reorganize programs)

State General Funds

$0

$0

$0

$0

4376

JOURNAL OF THE HOUSE

49.0Chartering, Licensing and Applications/Non-Mortgage Entities

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$1,250,814 $1,250,814 $1,250,814

$1,250,814 $1,250,814 $1,250,814

$1,250,814 $1,250,814 $1,250,814

$1,250,814 $1,250,814 $1,250,814

Consumer Protection and Assistance

Continuation Budget

The purpose of this appropriation is to assist consumers with problems encountered when dealing with department-regulated entities.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$529,701 $529,701 $529,701

$529,701 $529,701 $529,701

$529,701 $529,701 $529,701

$529,701 $529,701 $529,701

50.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$4,799

$4,799

$4,799

$4,799

50.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$9,927

$9,927

$9,927

$9,927

50.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$24,189

$24,189

$24,189

$24,189

50.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$1,650

$1,650

$1,650

$1,650

50.5 Realize non-Georgia Building Authority lease savings through the renegotiation of rates to reduce funds from operations.

State General Funds

($5,424)

($5,424)

($5,424)

($5,424)

50.98 Transfer funds and activities from the Financial Institution Supervision program. (G:YES)(H and S:NO; Do not reorganize programs)

State General Funds

$0

$0

$0

$0

50.0Consumer Protection and Assistance

Appropriation (HB 95)

FRIDAY, APRIL 20, 2007

4377

The purpose of this appropriation is to assist consumers with problems encountered when dealing with department-regulated entities.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$564,842 $564,842 $564,842

$564,842 $564,842 $564,842

$564,842 $564,842 $564,842

$564,842 $564,842 $564,842

Departmental Administration

Continuation Budget

The purpose of this appropriation is to provide administrative support to all department programs.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,786,026 $1,786,026 $1,786,026

$1,786,026 $1,786,026 $1,786,026

$1,786,026 $1,786,026 $1,786,026

$1,786,026 $1,786,026 $1,786,026

51.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$19,110

$19,110

$19,110

$19,110

51.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$31,025

$31,025

$31,025

$31,025

51.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$75,599

$75,599

$75,599

$75,599

51.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$5,157

$5,157

$5,157

$5,157

51.5 Realize non-Georgia Building Authority lease savings through the renegotiation of rates to reduce funds from operations.

State General Funds

($15,285)

($15,285)

($15,285)

($15,285)

51.6 Eliminate one-time funds received in HB1027 (FY07) for the purchase of the field office phone system.

State General Funds

($25,018)

($25,018)

51.98 Transfer funds and activities from the Chartering, Licensing and Applications/Non-Mortgage Entities program. (G:YES)(H and S:NO; Do not reorganize programs)

State General Funds

$0

$0

$0

$0

51.0Departmental Administration

Appropriation (HB 95)

4378

JOURNAL OF THE HOUSE

The purpose of this appropriation is to provide administrative support to all department programs.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,901,632 $1,901,632 $1,901,632

$1,901,632 $1,901,632 $1,901,632

$1,876,614 $1,876,614 $1,876,614

$1,876,614 $1,876,614 $1,876,614

Financial Institution Supervision

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$6,956,283 $6,956,283 $6,956,283

$6,956,283 $6,956,283 $6,956,283

$6,956,283 $6,956,283 $6,956,283

$6,956,283 $6,956,283 $6,956,283

52.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$49,117

$49,117

$49,117

$49,117

52.2 Reduce one-time funds for Voice Over Internet Protocol (VOIP) installation.

State General Funds

($87,369)

($87,369)

($87,369)

($87,369)

52.3 Realize non-Georgia Building Authority lease savings through the renegotiation of rates to increase funds for the replacement of two vehicles with mileage in excess of 135,000 miles. [One-Time Change]

State General Funds

$23,696

$23,696

$0

$0

52.4 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations.

State General Funds

($15,705)

($15,705)

($15,705)

($15,705)

52.5 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to reduce funds from operations.

State General Funds

($1,159)

($1,159)

($1,159)

($1,159)

52.6 Eliminate one-time funds received in HB1027 (FY07) for the purchase of the field office phone system.

State General Funds

($156,007)

($156,007)

52.95 Realize non-Georgia Building Authority lease savings through the renegotiation of rates to utilize funds ($10,848) for the replacement of two vehicles with mileage in excess of 135,000 miles. (G:YES)(H:YES)

State General Funds

$0

$0

($10,848)

($10,848)

52.98 Transfer funds and activities from the Chartering, Licensing and Applications/Non-Mortgage Entities program. (G:YES)(H and S:NO; Do not reorganize programs)

FRIDAY, APRIL 20, 2007

4379

State General Funds

$0

$0

$0

$0

52.99 CC: 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. Senate: 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. House: 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. Provide efficient and flexible application, registration and notification procedures that are in compliance with applicable laws, regulations, and department policies to allow financial service providers more flexibility in offering products and services that are responsive to the needs and convenience of depositors, borrowers, and other customers and conducive to economic progress. Governor: Provide for safe and sound operation of Georgia state-chartered financial institutions to protect the interests of the depositors, creditors and shareholders of those institutions. Provide efficient and flexible application, registration and notification procedures that are in compliance with applicable laws, regulations, and department policies to allow financial service providers more flexibility in offering products and services that are responsive to the needs and convenience of depositors, borrowers, and other customers and conducive to economic progress.

State General Funds

$0

$0

$0

$0

52.0Financial Institution Supervision

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$6,924,863 $6,924,863 $6,924,863

$6,924,863 $6,924,863 $6,924,863

$6,734,312 $6,734,312 $6,734,312

$6,734,312 $6,734,312 $6,734,312

Mortgage Supervision

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$1,796,918 $1,796,918 $1,796,918

$1,796,918 $1,796,918 $1,796,918

$1,796,918 $1,796,918 $1,796,918

$1,796,918 $1,796,918 $1,796,918

53.1 Annualize the cost of the FY07 salary adjustment.

4380

JOURNAL OF THE HOUSE

State General Funds

$9,906

$9,906

$9,906

$9,906

53.2 Realize non-Georgia Building Authority leasing savings through the renegotiation of rates to reduce funds from operations.

State General Funds

($14,764)

($14,764)

($14,764)

($14,764)

53.98 Transfer funds and activities from the Chartering, Licensing and Applications/Non-Mortgage Entities and the Mortgage Supervision programs to create a new Non-Depository Financial Institution Supervision program. (G:YES)(H and S:NO; Do not reorganize programs)

State General Funds

$0

$0

$0

$0

53.0Mortgage Supervision

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$1,792,060 $1,792,060 $1,792,060

$1,792,060 $1,792,060 $1,792,060

$1,792,060 $1,792,060 $1,792,060

$1,792,060 $1,792,060 $1,792,060

Section 16: Community Affairs, Department of

Section Total - Continuation

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Sales and Services
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds

$94,212,593 $47,089,260 $47,123,333 $93,634,621 $93,634,621 $10,979,470
$9,715 $9,477,792 $1,491,963 $198,826,684

$94,212,593 $47,089,260 $47,123,333 $93,634,621 $93,634,621 $10,979,470
$9,715 $9,477,792 $1,491,963 $198,826,684

$94,212,593 $47,089,260 $47,123,333 $93,634,621 $93,634,621 $10,979,470
$9,715 $9,477,792 $1,491,963 $198,826,684

$94,212,593 $47,089,260 $47,123,333 $93,634,621 $93,634,621 $10,979,470
$9,715 $9,477,792 $1,491,963 $198,826,684

$94,122,399 $46,999,066

Section Total - Final
$95,872,399 $142,824,530 $48,749,066 $95,701,197

$141,316,229 $94,192,896

FRIDAY, APRIL 20, 2007

4381

Tobacco Settlement Funds TOTAL FEDERAL FUNDS
Federal Funds Not Itemized TOTAL AGENCY FUNDS
Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS

$47,123,333 $93,634,621 $93,634,621 $10,979,470
$9,715 $9,477,792 $1,491,963
$198,736,490

$47,123,333 $93,634,621 $93,634,621 $10,979,470
$9,715 $9,477,792 $1,491,963
$100,000 $100,000 $200,586,490

$47,123,333 $93,634,621 $93,634,621 $10,979,470
$9,715 $9,477,792 $1,491,963
$100,000 $100,000 $247,538,621

$47,123,333 $93,634,621 $93,634,621 $10,979,470
$9,715 $9,477,792 $1,491,963
$100,000 $100,000 $246,030,320

Building Construction

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$289,555 $289,555 $171,722 $171,722 $171,722 $461,277

$289,555 $289,555 $171,722 $171,722 $171,722 $461,277

$289,555 $289,555 $171,722 $171,722 $171,722 $461,277

$289,555 $289,555 $171,722 $171,722 $171,722 $461,277

54.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$2,960

$2,960

$2,960

$2,960

54.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$4,266

$4,266

$4,266

$4,266

54.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$11,027

$11,027

$11,027

$11,027

54.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$2,428

$2,428

$2,428

$2,428

4382

JOURNAL OF THE HOUSE

54.5 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations. (H:Transfer funds to the Departmental Administration program for a consultant to advise the department in the Georgia Oglethorpe Award Process)

State General Funds

($234)

($234)

($234)

($234)

54.0Building Construction

Appropriation (HB 95)

The purpose of this appropriation is to establish minimum building construction standards for all new structures including massproduced factory built (modular) buildings built in the state.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$310,002 $310,002 $171,722 $171,722 $171,722 $481,724

$310,002 $310,002 $171,722 $171,722 $171,722 $481,724

$310,002 $310,002 $171,722 $171,722 $171,722 $481,724

$310,002 $310,002 $171,722 $171,722 $171,722 $481,724

Coordinated Planning

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$3,694,744 $3,694,744 $3,694,744

$3,694,744 $3,694,744 $3,694,744

$3,694,744 $3,694,744 $3,694,744

$3,694,744 $3,694,744 $3,694,744

55.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$19,952

$19,952

$19,952

$19,952

55.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$25,590

$25,590

$25,590

$25,590

55.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$66,160

$66,160

$66,160

$66,160

55.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

FRIDAY, APRIL 20, 2007

4383

State General Funds

$22,156

$22,156

$22,156

$22,156

55.5 Increase funds for two time-limited positions and funds for the Local Update of Census Addresses project to ensure Georgia's citizens are accurately counted in the 2010 Census. [One-Time Change]

State General Funds

$206,000

$206,000

$1,311,000

$1,311,000

55.6 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations. (H:Transfer funds to the Departmental Administration program for a consultant to advise the department in the Georgia Oglethorpe Award Process)

State General Funds

($5,791)

($5,791)

($5,791)

($5,791)

55.7 Increase funds for the sixteen Regional Development Centers.

State General Funds

$100,000

$0

$100,000

55.0Coordinated Planning

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$4,028,811 $4,028,811 $4,028,811

$4,128,811 $4,128,811 $4,128,811

$5,133,811 $5,133,811 $5,133,811

$5,233,811 $5,233,811 $5,233,811

Departmental Administration

Continuation Budget

The purpose of this appropriation is to provide administrative support for all programs of the department.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$2,301,555 $2,301,555
$22,000 $22,000 $2,592,412 $2,476,773 $2,476,773 $115,639 $115,639 $4,915,967

$2,301,555 $2,301,555
$22,000 $22,000 $2,592,412 $2,476,773 $2,476,773 $115,639 $115,639 $4,915,967

$2,301,555 $2,301,555
$22,000 $22,000 $2,592,412 $2,476,773 $2,476,773 $115,639 $115,639 $4,915,967

$2,301,555 $2,301,555
$22,000 $22,000 $2,592,412 $2,476,773 $2,476,773 $115,639 $115,639 $4,915,967

4384

JOURNAL OF THE HOUSE

56.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$18,629

$18,629

$18,629

$18,629

56.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$24,169

$24,169

$24,169

$24,169

56.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$62,485

$62,485

$62,485

$62,485

56.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$20,288

$20,288

$20,288

$20,288

56.5 Transfer building management and two positions from the Homeownership Programs.

Intergovernmental Transfers Not Itemized

$111,834

$111,834

$111,834

$111,834

56.6 Transfer funds to the State Community Development Programs to recruit master practitioners for downtown development initiatives and expand design services.

State General Funds

($36,905)

($36,905)

($36,905)

($36,905)

56.7 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to increase funds for a consultant to advise the department in the Georgia Oglethorpe Award Process.

State General Funds

$14,316

$14,316

$0

$0

56.8 Transfer one position and associated costs to the Federal Community and Economic Development Programs.

State General Funds

($179,471)

($179,471)

($179,471)

56.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($3,431) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($3,431)

($3,431)

56.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($1,568) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($1,568)

($1,568)

56.0Departmental Administration

Appropriation (HB 95)

The purpose of this appropriation is to provide administrative support for all programs of the department.

FRIDAY, APRIL 20, 2007

4385

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$2,404,537 $2,404,537
$22,000 $22,000 $2,704,246 $2,588,607 $2,588,607 $115,639 $115,639 $5,130,783

$2,225,066 $2,225,066
$22,000 $22,000 $2,704,246 $2,588,607 $2,588,607 $115,639 $115,639 $4,951,312

$2,205,751 $2,205,751
$22,000 $22,000 $2,704,246 $2,588,607 $2,588,607 $115,639 $115,639 $4,931,997

$2,205,751 $2,205,751
$22,000 $22,000 $2,704,246 $2,588,607 $2,588,607 $115,639 $115,639 $4,931,997

Environmental Education and Assistance

Continuation Budget

The purpose of this appropriation is to provide technical assistance, resource tools, and public education outreach resources.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$998,853 $998,853 $998,853

$998,853 $998,853 $998,853

$998,853 $998,853 $998,853

$998,853 $998,853 $998,853

57.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$7,874

$7,874

$7,874

$7,874

57.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$9,952

$9,952

$9,952

$9,952

57.3 Reflect an adjustment in the employer share of State Health Benefit Plan premiums from 16.713% to 22.843%.

State General Funds

$25,729

$25,729

$25,729

$25,729

57.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$7,707

$7,707

$7,707

$7,707

57.5 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations. (H:Transfer funds to the Departmental Administration program for a consultant to advise the department in the Georgia Oglethorpe Award Process)

State General Funds

($2,275)

($2,275)

($2,275)

($2,275)

57.0Environmental Education and Assistance

Appropriation (HB 95)

4386

JOURNAL OF THE HOUSE

The purpose of this appropriation is to provide technical assistance, resource tools, and public education outreach resources.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,047,840 $1,047,840 $1,047,840

$1,047,840 $1,047,840 $1,047,840

$1,047,840 $1,047,840 $1,047,840

$1,047,840 $1,047,840 $1,047,840

Federal Community and Economic Development Programs

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$1,760,337 $1,760,337 $37,043,876 $37,043,876 $38,804,213

$1,760,337 $1,760,337 $37,043,876 $37,043,876 $38,804,213

$1,760,337 $1,760,337 $37,043,876 $37,043,876 $38,804,213

$1,760,337 $1,760,337 $37,043,876 $37,043,876 $38,804,213

58.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$15,862

$15,862

$15,862

$15,862

58.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$24,169

$24,169

$24,169

$24,169

58.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$62,484

$62,484

$62,484

$62,484

58.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$20,230

$20,230

$20,230

$20,230

58.5 Reduce funds from the Community Development Block Grants.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($20,000)

($20,000)

($20,000) ($300,000) ($320,000)

($20,000)

58.6 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations. (H:Transfer funds to the Departmental Administration program for a consultant to advise the department in the Georgia Oglethorpe Award Process)

FRIDAY, APRIL 20, 2007

4387

State General Funds

($1,621)

($1,621)

58.7 Transfer one position and associated costs from the Departmental Administration program.

State General Funds

$179,471

($1,621) $0

($1,621) $179,471

58.0Federal Community and Economic Development Programs

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$1,861,461 $1,861,461 $37,043,876 $37,043,876 $38,905,337

$2,040,932 $2,040,932 $37,043,876 $37,043,876 $39,084,808

$1,861,461 $1,861,461 $36,743,876 $36,743,876 $38,605,337

$2,040,932 $2,040,932 $37,043,876 $37,043,876 $39,084,808

Homeownership Programs

Continuation Budget

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.

TOTAL STATE FUNDS TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$0 $4,031,286 $4,014,155 $4,014,155
$17,131 $17,131 $4,031,286

$0 $4,031,286 $4,014,155 $4,014,155
$17,131 $17,131 $4,031,286

$0 $4,031,286 $4,014,155 $4,014,155
$17,131 $17,131 $4,031,286

$0 $4,031,286 $4,014,155 $4,014,155
$17,131 $17,131 $4,031,286

59.1 Transfer the building management function to the Departmental Administration program.

Intergovernmental Transfers Not Itemized

($111,834)

($111,834)

($111,834)

($111,834)

59.0Homeownership Programs

Appropriation (HB 95)

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.

TOTAL AGENCY FUNDS Intergovernmental Transfers

$3,919,452 $3,902,321

$3,919,452 $3,902,321

$3,919,452 $3,902,321

$3,919,452 $3,902,321

4388

JOURNAL OF THE HOUSE

Intergovernmental Transfers Not Itemized Sales and Services
Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$3,902,321 $17,131 $17,131
$3,919,452

$3,902,321 $17,131 $17,131
$3,919,452

$3,902,321 $17,131 $17,131
$3,919,452

$3,902,321 $17,131 $17,131
$3,919,452

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 State General Funds
TOTAL PUBLIC FUNDS

$6,540,903 $6,540,903 $6,540,903

$6,540,903 $6,540,903 $6,540,903

$6,540,903 $6,540,903 $6,540,903

$6,540,903 $6,540,903 $6,540,903

60.1 Eliminate one-time funds received in HB1027 (FY07).

State General Funds

($6,540,903) ($6,540,903) ($6,540,903) ($6,540,903)

60.2 Increase funds to the City of John's Creek for median repairs and improvement work on State Route 141.

State General Funds

$250,000

$0

$250,000

60.3 Increase funds to the City of Augusta for the Southeastern Firefighters Burn Foundation at the Joseph M. Still Burn Center.

State General Funds

$250,000

$50,000

$245,000

60.4 Appling County: Hire an ISO consultant to assist nine volunteer fire departments.

State General Funds

$5,000

60.5 Appling County: Assist with Senior Center/Head start infrastructure improvements

State General Funds

$4,000

60.6 City of Baxley: Assist with a Boys and Girls Club renovation

State General Funds

$15,000

60.7 City of Graham: Purchase fire lighting equipment for the Graham Fire Department.

State General Funds

$5,000

60.8 City of Surrency: Assist with emergency services improvements

State General Funds

$5,000

60.9 Appling County Board of Education: Assist with community services

State General Funds

$4,000

FRIDAY, APRIL 20, 2007

4389

60.10 Atkinson County: Help fund the Atkinson County Emergency Services Improvement Project

State General Funds

$10,000

60.11 Augusta-Richmond County: Install an elevator in the Supreme Court Justice Joseph Lamar boyhood home.

State General Funds

$20,000

60.12 Augusta-Richmond County: Provide a grant for operations at the Lucy Craft Laney Museum of Black History.

State General Funds

$20,000

60.13 Augusta-Richmond County: Provide leadership training on the alternative school campus by Augusta State University.

State General Funds

$20,000

60.14 Augusta-Richmond County: Assist with community development and park improvement

State General Funds

$7,500

60.15 Augusta-Richmond County: Fund an after school education and recreation program at MACH Academy

State General Funds

$10,000

60.16 City of Augusta: Assist the American Red Cross in providing food, clothing, shelter, and lost medication to families affected by single family fires.

State General Funds

$10,000

60.17 Richmond County Board of Education: Assist with technology upgrades at Goshen Elementary School

State General Funds

$10,000

60.18 Bacon County: Assist with the renovation of Senior Center

State General Funds

$4,000

60.19 City of Alma: Assist with accessibility improvements to the Veteran's Memorial and additional park infrastructure improvements

State General Funds

$4,000

60.20 Baldwin County: Purchase camcorders and computers for the Baldwin County Domestic Violence Program.

State General Funds

$15,000

60.21 Baldwin County: Assist with public safety enhancements for the Baldwin County Fire Department

State General Funds

$25,000

60.22 Baldwin County: Replace obsolete self contained breathing apparatus at the Baldwin County Fire Department.

State General Funds

$20,000

4390

JOURNAL OF THE HOUSE

60.23 Barrow County: Assist with infrastructure improvements at Osborne Park in Winder State General Funds 60.24 Bartow County: Assist with program development to public service program at Women's Resource Center State General Funds 60.25 Bartow County: Support the Advocates for Bartows Children. State General Funds 60.26 Ben Hill County: Assist with technology and communication improvements at Senior Citizens Center State General Funds 60.27 Ben Hill County: Assist with community and environmental development State General Funds 60.28 Ben Hill County: Assist with environmental and community service improvements State General Funds 60.29 City of Fitzgerald: Construct an additional building for the Fitzgerald Fire Department. State General Funds 60.30 City of Alapaha: Repair the city hall roof. State General Funds 60.31 City of Nashville: Assist the City of Nashville with public safety transportation improvements State General Funds 60.32 Bibb County: Assist New Town Macon with infrastructure and accessibility improvements State General Funds 60.33 Bibb County: Assist Bibb County with transportation improvements for the Mentor's Project State General Funds 60.34 City of Macon: Support youth programs at the Booker T. Washington Center. State General Funds 60.35 City of Macon: Revitalize of the Bartlett Crossing Neighborhood. State General Funds 60.36 City of Macon: Renovate and repair to the Historic Charles Douglas Home. State General Funds

$20,000 $50,000 $25,000 $10,000 $10,000 $10,000 $15,000 $13,000 $15,000 $25,000 $15,000 $10,000 $15,000 $50,000

FRIDAY, APRIL 20, 2007

4391

60.37 Bleckley County: Purchase two new computer work stations for the Bleckley County Health Department.

State General Funds

$5,000

60.38 Bleckley County: Purchase 15 tasers and taser accessories for the Bleckley County Sheriff's Office.

State General Funds

$14,000

60.39 City of Cochran: Purchase an ATV police vehicle with trailer.

State General Funds

$10,000

60.40 Bleckley County Board of Education: Pave a road for "car riders" students dropped off at school.

State General Funds

$7,000

60.41 Brantley County: Purchase fire radio systems for the EMS and Sheriff's Departments.

State General Funds

$15,000

60.42 City of Hoboken: Assist with emergency infrastructure improvements

State General Funds

$5,000

60.43 Bryan County: Assist with community service improvements at the Bryan County Conference and Aquatic Center

State General Funds

$30,000

60.44 City of Pembroke: Assist with infrastructure improvements for the Fatal Vision Program

State General Funds

$10,000

60.45 Bulloch County: Assist with infrastructure improvements for the Bulloch County EMS to ensure continuous emergency protection services

State General Funds

$10,000

60.46 Bulloch County: Assist the Duck Conservation Society with wildlife preservation

State General Funds

$10,000

60.47 Bulloch County: Construct a boat ramp at the Ogechee River.

State General Funds

$20,000

60.48 Bulloch County Board of Education: Redesign and renovate an existing building at Southeast Bulloch Middle School.

State General Funds

$15,000

60.49 Burke County: Assist with conservation improvements at the Di-Lane Wildlife Management Plantation

State General Funds

$20,000

60.50 City of Kingsland: Assist with economic development and tourism activities

4392

JOURNAL OF THE HOUSE

State General Funds 60.51 City of Kingsland: Assist with infrastructure improvements for the Kingsland Boxing Club youth program State General Funds 60.52 City of Metter: Assist with infrastructure improvements to preserve historical integrity State General Funds 60.53 City of Metter: Remove existing asphalt and repave the Industrial Park Pond Trail. State General Funds 60.54 City of Pulaski: Fund 200 year celebration. State General Funds 60.55 Carroll County: Purchase books for the Ferst Foundation for Childhood Literacy. State General Funds 60.56 City of Carrollton: Build a wheelchair accessible playground for the Carrollton City Lion's Club. State General Funds 60.57 City of Carrollton: Assist the City of Carrollton with infrastructure improvements State General Funds 60.58 City of Carrollton: Assist with the renovation of the 415 Hope Center Men's Shelter State General Funds 60.59 Carroll County Board of Education: Assist with infrastructure renovations at Glanton Hindeman Elementary School State General Funds 60.60 City of Fort Oglethorpe: Assist the City of Oglethorpe with tourism and economic development improvements State General Funds 60.61 City of Ringgold: Fund the General Clayborne Statue and Roadside Park State General Funds 60.62 City of Ringgold: Fund for tourism and a railroad platform. State General Funds 60.63 Charlton County: Purchase a vehicle for the Charlton County Volunteer Fire Department. State General Funds

$1,200 $15,000 $12,000 $25,000 $10,000 $20,000 $20,000 $18,000 $8,000 $20,000 $15,000 $10,000 $10,000 $20,000

FRIDAY, APRIL 20, 2007

4393

60.64 City of Homeland: Assist the City of Homeland with public safety improvements

State General Funds

$10,000

60.65 Chatham County: Restore and preserve the Houston Baptist Church through the North Port Wentworth Citizens Council Inc.

State General Funds

$20,000

60.66 Chatham County: Fund a parents nurturing program for Lutheran Services of Georgia.

State General Funds

$20,000

60.67 City of Bloomingdale: Assist the City of Bloomingdale with community development

State General Funds

$15,000

60.68 City of Bloomingdale: Construct a covered shed for a community building.

State General Funds

$35,000

60.69 City of Garden City: Assist the Rossignoll Hill community with park improvements

State General Funds

$3,000

60.70 City of Savannah: Assist with community service improvements

State General Funds

$15,000

60.71 City of Thunderbolt: Fund improvements for water system due to damages caused by salt intrusion.

State General Funds

$20,000

60.72 Chattooga County: Fund Subligna Community Center floors.

State General Funds

$5,000

60.73 City of Lyerly: Assist the City of Lyerly with public safety improvements

State General Funds

$5,000

60.74 City of Summerville: Renovate courthouse.

State General Funds

$10,000

60.75 Cherokee County: Assist the Cherokee Day Training Center with infrastructure improvements

State General Funds

$20,000

60.76 City of Ball Ground: Assist the City of Ball Ground with improvements to domestic water service delivery

State General Funds

$17,500

60.77 City of Ball Ground: Assist the City of Ball Ground with infrastructure improvements

State General Funds

$17,500

4394

JOURNAL OF THE HOUSE

60.78 City of Holly Springs: Assist the City of Holly Springs with emergency operations equipment

State General Funds

$20,000

60.79 Clarke County Board of Education: Assist with infrastructure improvements at the Athens Tutorial Program

State General Funds

$7,500

60.80 Clay County: Provide funding for a security monitoring system for the Clay County Courthouse and Courthouse Annex to meet state mandated courthouse security requirements

State General Funds

$10,000

60.81 Clayton County: Assist Choice Matters, Inc. with a technology upgrade for public service center

State General Funds

$10,000

60.82 Clayton County: Operate Youth Under Construction program for high school students.

State General Funds

$8,200

60.83 Clayton County: Operate the Krystal Williams Foundation.

State General Funds

$5,000

60.84 Clayton County: Fund the Family Connection Unlimited program for highway safety.

State General Funds

$8,675

60.85 Clayton County Board of Education: Create a community learning center.

State General Funds

$2,000

60.86 Clayton County Board of Education: Fund and purchase equipment for a data room and resource center.

State General Funds

$9,550

60.87 Clayton County Board of Education: Implement a reading first model in the 4th and 5th grades for West Clayton Elementary School.

State General Funds

$5,000

60.88 Cobb County: Purchase and maintain a 14 passenger wheelchair lift-equipped mini-bus for BlazeSports.

State General Funds

$40,000

60.89 Cobb County: Assist the Vinings Historical Society with repairs and structure renovations

State General Funds

$5,000

60.90 Cobb County: Assist Cobb County Community Service Board with public access improvements

State General Funds

$40,000

FRIDAY, APRIL 20, 2007

4395

60.91 City of Acworth: Construct special needs baseball field.

State General Funds

$95,000

60.92 City of Kennesaw: Assist with regional park improvements

State General Funds

$10,000

60.93 City of Marietta: Repair and upgrade the Marietta Historic Confederate Cemetery

State General Funds

$75,000

60.94 City of Smyrna: Assist with infrastructure restorations and renovations

State General Funds

$25,000

60.95 Cobb County Board of Education: Assist the Hillgrove High School athletic program

State General Funds

$20,000

60.96 Cobb County Board of Education: Assist with infrastructure improvements at Pope High School

State General Funds

$20,000

60.97 Cobb County Board of Education: Provide funds to Harrison High School to establish a wireless infrastructure

State General Funds

$20,000

60.98 Cobb County Board of Education: Provide funds to West Cobb School PTAs for technology infrastructure grants

State General Funds

$20,000

60.99 Cobb County Board of Education: Upgrade a sound/video upgrading theater system in Walton High School.

State General Funds

$11,274

60.100 Cobb County Board of Education: Purchase a sound system, sport court defense system, and four laptops for the Murdock Elementary School.

State General Funds

$32,600

60.101 Cobb County Board of Education: Provide funds for classroom technology at Campbell High School

State General Funds

$5,500

60.102 Cobb County Board of Education: Renovate roof and sealant for an outdoor classroom at Blackwell Elementary School

State General Funds

$5,000

60.103 Cobb County Board of Education: Assist with renovations and infrastructure improvements at Sprayberry High School

State General Funds

$40,000

60.104 Cobb County Board of Education: Provide funds for classroom technology at Campbell Middle School

4396

JOURNAL OF THE HOUSE

State General Funds

$5,500

60.105 Coffee County: Provide funds for construction and equipment for a new volunteer fire department

State General Funds

$10,000

60.106 Coffee County: Purchase a transportation bus for 4-H club.

State General Funds

$10,000

60.107 City of Nicholls: Purchase recreation equipment

State General Funds

$5,000

60.108 City of Douglas: Improve the Historic Ashley Slater House and Douglas Regional Welcome Center.

State General Funds

$12,000

60.109 Colquitt County: Assist with public safety infrastructure improvements at the Bay Volunteer Fire Department

State General Funds

$4,000

60.110 City of Funston: Assist with community development

State General Funds

$4,000

60.111 Colquitt County Board of Education: Assist with outdoor shelter improvements at Hamilton Elementary School

State General Funds

$2,000

60.112 City of Harlem: Assist with infrastructure improvements for public and community service program

State General Funds

$7,500

60.113 City of Harlem: Expand a city park.

State General Funds

$12,000

60.114 Columbia County Board of Education: Assist with equipment for handicapped children at Blue Ridge Elementary School

State General Funds

$15,000

60.115 Cook County: Assist the Cook County Historical Society with the renovation of the old Adel Post Office

State General Funds

$30,000

60.116 City of Moreland: Assist the Town of Moreland with infrastructure improvements to the historic Moreland Mill / City Hall

State General Funds

$10,000

60.117 City of Newnan: Assist with community services

State General Funds

$30,000

60.118 City of Senoia: Assist the City of Senoia with infrastructure improvements

FRIDAY, APRIL 20, 2007

4397

State General Funds

$9,000

60.119 Crawford County: Purchase an emergency water system generator.

State General Funds

$15,000

60.120 Crawford County: Purchase a fire command vehicle for the Crawford County Fire Department.

State General Funds

$10,000

60.121 Crisp County: Assist with infrastructure improvements and operations of the Arts Alliance in Cordelle

State General Funds

$5,000

60.122 Crisp County: Conduct a solid waste collection feasibility study.

State General Funds

$15,000

60.123 City of Cordele: Purchase an eight foot high perimeter security fence for the Cordele Fire Department Training Area.

State General Funds

$22,900

60.124 Dade County: Operate Animal Shelter.

State General Funds

$10,000

60.125 City of Trenton: Enhance transportation planning.

State General Funds

$22,500

60.126 City of Dawsonville: Fund the Georgia Racing Hall of Fame.

State General Funds

$30,000

60.127 Decatur County: Establish a water source for Kendrick Volunteer Fire Department

State General Funds

$5,000

60.128 City of Bainbridge: Provide a security system and landscaping for the "Firehouse Gallery" and make entrance handicap accessible

State General Funds

$17,500

60.129 City of Clarkston: Replace sanitation vehicle and hopper assembly.

State General Funds

$40,000

60.130 City of Doraville: Assist with the purchase of ten (10) containers ("totes") of fire foam for the DeKalb County Fire Department

State General Funds

$8,000

60.131 City of Lithonia: Fund emergency crisis and relocation assistance.

State General Funds

$27,000

4398

JOURNAL OF THE HOUSE

60.132 City of Pine Lake: Purchase a tractor and additional equipment to work on wet lands.

State General Funds

$19,000

60.133 City of Stone Mountain: Assist with infrastructure improvements and repairs at the City of Stone Mountain City Hall

State General Funds

$18,000

60.134 City of Decatur: Assist with environmental improvements and community development

State General Funds

$10,000

60.135 DeKalb County Hospital Authority: Construct a storage and supplies building at the Mountain View Nursing Home.

State General Funds

$8,000

60.136 Development Authority of DeKalb County: Operate a recycled equipment program through the Friends of Disabled Adults and Children to operate a recycled equipment program.

State General Funds

$15,000

60.137 Development Authority of DeKalb County: Fund a zoning evaluation for the Downtown Tucker Core area through the Main Street Tucker Alliance.

State General Funds

$10,000

60.138 DeKalb County Board of Education: Assist with technology improvements at Briarlake Elementary School

State General Funds

$10,000

60.139 DeKalb County Board of Education: Purchase computers and equipment to media educational programs at the Midvale Elementary School.

State General Funds

$15,000

60.140 DeKalb County Board of Education: Purchase computers and supplies for Lakeside High School.

State General Funds

$30,000

60.141 DeKalb County Board of Education: Send the Stephenson High School marching band to Washington DC for the 2007 National Memorial Day Parade.

State General Funds

$5,000

60.142 DeKalb County Board of Education: Assist with the purchase of new media materials and educational tools

State General Funds

$17,000

60.143 DeKalb County Board of Education: Purchase computers for Chamblee High School.

State General Funds

$30,000

FRIDAY, APRIL 20, 2007

4399

60.144 DeKalb County Board of Education: Repair the roof of the greenhouse through the Dekalb County Extension Service.

State General Funds

$10,000

60.145 City of Chauncey: Assist the City of Chauncey with public service infrastructure improvements

State General Funds

$7,000

60.146 City of Chester: Assist the City of Chester with community center improvements

State General Funds

$3,000

60.147 City of Rhine: Repair leaks in the water system.

State General Funds

$5,000

60.148 City of Rhine: Repair old school building.

State General Funds

$5,000

60.149 City of Rhine: Repair Rhine Community House.

State General Funds

$4,000

60.150 City of Rhine: Repair used ford tractor backhoe.

State General Funds

$5,000

60.151 City of Vienna: Purchase rescue equipment, jacks and special equipment used in wrecks along I-75

State General Funds

$10,000

60.152 Dougherty County: Assist the Putney Community Center with accessibility improvements

State General Funds

$10,000

60.153 Dougherty County: Fund the Peanut Institute.

State General Funds

$23,000

60.154 Chehaw Park Authority: Plan an amphitheater.

State General Funds

$25,000

60.155 Douglas County: Replace outdated and purchase additional Automatic External Defibrillators at the Douglas County Fire Department

State General Funds

$8,500

60.156 Douglas County: Train resource officers on gang awareness at the Douglas County Sheriff's Office.

State General Funds

$20,000

60.157 City of Douglasville: Assist with technology and public safety improvements

4400

JOURNAL OF THE HOUSE

State General Funds

$8,500

60.158 Douglas County Board of Education: Assist with environmental education opportunities at Winston Elementary School

State General Funds

$10,000

60.159 Douglas County Board of Education: Assist with infrastructure improvements at Arbor Station Elementary School

State General Funds

$10,000

60.160 Early County: Provide funds to the Early County Health Department for the "Arrive Safe in Early" task force

State General Funds

$5,000

60.161 Early County: Purchase equipment for the Early County Recreation Department.

State General Funds

$15,000

60.162 City of Blakely: Assist Early County with regional museum renovations and historical improvements

State General Funds

$5,000

60.163 Echols County: Purchase Jaws of Life rescue equipment for the Volunteer Fire Department

State General Funds

$10,000

60.164 Effingham County: Operate the Ferst Foundation for Childhood Literacy Program.

State General Funds

$10,000

60.165 Effingham County: Move a historical structure to historic district.

State General Funds

$15,000

60.166 Effingham County: Assist Effingham County with waterfront environmental improvements

State General Funds

$5,000

60.167 Elbert County: Assist Elbert County with renovations to the Veteran's Administration Office

State General Funds

$3,500

60.168 City of Elberton: Assist the City of Elberton with water system improvements

State General Funds

$40,000

60.169 City of Swainsboro: Assist with community development and environmental improvements

State General Funds

$12,000

60.170 City of Swainsboro: Assist with handicap accessibility at the City of Swainsboro City Hall

State General Funds

$12,000

60.171 City of Swainsboro: Purchase computer equipment, telephone system, and furnishings at the Swainsboro Police Department.

FRIDAY, APRIL 20, 2007

4401

State General Funds

$25,000

60.172 Evans County: Promote enhancements for economic development activities.

State General Funds

$25,000

60.173 City of Rome: Assist the City of Rome with riverfront and river access

State General Funds

$20,000

60.174 City of Rome: Support the Family Resource Center.

State General Funds

$25,000

60.175 Floyd County Board of Education: Assist with infrastructure improvements at Model High School

State General Funds

$15,000

60.176 Forsyth County: Assist with infrastructure improvements at the Sawnee Mountain Foundation

State General Funds

$10,000

60.177 Franklin County Board of Education: Purchase equipment for the Technology Education Lab at the Franklin County Middle and High Schools.

State General Funds

$20,000

60.178 City of East Point: Provide funds for a senior citizen home rehabilitation program.

State General Funds

$20,000

60.179 City of Fairburn: Provide scholarships to the Cochran Mill Nature Center.

State General Funds

$30,000

60.180 City of Roswell: Assist in the implementation of energy efficiency renovations

State General Funds

$25,000

60.181 City of Roswell: Assist in the operational development of public service center

State General Funds

$25,000

60.182 City of Roswell: Assist with infrastructure repairs to public service program

State General Funds

$25,000

60.183 City of Roswell: Construct a new section of the Roswell Riverwalk.

State General Funds

$50,000

60.184 City of Sandy Springs: Purchase equipment for the Recreation and Parks Department.

State General Funds

$25,000

4402

JOURNAL OF THE HOUSE

60.185 City of Sandy Springs: Purchase turn-out gear and a quick response vehicle for the Sandy Springs Fire Department.

State General Funds

$25,000

60.186 City of Milton: Purchase eighteen (18) Automated External Defibrillator Units

State General Funds

$45,000

60.187 City of Milton: Plan safety improvements for the Crabapple State Road intersection

State General Funds

$15,000

60.188 City of Johns Creek: Assist the Autrey Mill Nature Center with environmental renovations and improvements

State General Funds

$50,000

60.189 Fulton County Board of Education: Fund the Arts Now Level 1 to train 10 interested school teams assist students in meeting or exceeding Georgia Performance Standards.

State General Funds

$25,000

60.190 The Housing Authority of the City of Atlanta, Georgia: Provide comprehensive Quality Living Services to senior citizens.

State General Funds

$10,000

60.191 The Housing Authority of the City of Atlanta, Georgia: Expand educational programs statewide through the National Black Arts Festival.

State General Funds

$15,000

60.192 The Housing Authority of the City of Atlanta, Georgia: Assist with infrastructure repairs to the Project Interconnections public service center

State General Funds

$15,000

60.193 The Housing Authority of the City of Atlanta, Georgia: Assist with operational services

State General Funds

$50,000

60.194 Atlanta Development Authority: Fund the New Beginnings Job Training Program.

State General Funds

$10,000

60.195 Atlanta Development Authority: Fund the David T. Howard National Alumni Association Inc. to implement an abuse project in the Old Fourth Ward for youth and adults focusing on parents.

State General Funds

$25,000

60.196 Atlanta Development Authority: Support the National Black Arts Festival.

State General Funds

$75,000

FRIDAY, APRIL 20, 2007

4403

60.197 Atlanta Development Authority: Assist the Friends of Peoplestown Parks with community development

State General Funds

$6,000

60.198 Atlanta Development Authority: Fund the Historic District Development Corporation to expand participation of needy families in the IDA program of the United Way.

State General Funds

$25,000

60.199 Gilmer County: Assist Gilmer County with public service improvements

State General Funds

$50,000

60.200 Glascock County: Support the Glascock Actions Partner for a literacy program.

State General Funds

$10,000

60.201 City of Mitchell: Revitalize the downtown area.

State General Funds

$7,000

60.202 Glynn County: Purchase one wheelchair accessible van and one 15 passenger van for Gateway Behavioral Health Services.

State General Funds

$50,000

60.203 Gordon County: Renovate the plaza/courthouse area.

State General Funds

$40,000

60.204 City of Ranger: Assist with the cost of a town master plan

State General Funds

$15,000

60.205 Grady County: Provide funds ($1,000/each) to the 10 Volunteer Fire Departments in Grady County for equipment

State General Funds

$10,000

60.206 Greene County: Assist the Green County Agriculture Center with infrastructure and handicap accessibility improvements

State General Funds

$20,000

60.207 Gwinnett County: Landscape the Beaver Ruin Road median.

State General Funds

$25,000

60.208 Gwinnett County: Assist with access and transportation improvements

State General Funds

$20,000

60.209 Gwinnett County: Assist with employment of the handicap program

State General Funds

$25,000

60.210 City of Buford: Assist with accessibility improvements

4404

JOURNAL OF THE HOUSE

State General Funds

$30,000

60.211 City of Duluth: Assist the City of Duluth with a regional "Living Memorial" honoring all veterans and public safety personnel

State General Funds

$20,000

60.212 City of Lawrenceville: Assist the City of Lawrenceville with traffic and community development improvements

State General Funds

$50,000

60.213 City of Lilburn: Assist the City of Lilburn Police Department with new communications system

State General Funds

$20,000

60.214 City of Norcross: Assist the Gwinnett Village Quality of Life Division Office with infrastructure improvements

State General Funds

$5,000

60.215 City of Snellville: Assist in funding two mobile speed detection message signs ($12,500); a Grapple Bucket Tractor for the recycling center ($20,000); a Park Bunker Rake ($5,000); and police car laptops ($12,500)

State General Funds

$20,000

60.216 Gwinnett County Board of Education: Support reading mentoring programs offered by Everybody Winds Atlanta.

State General Funds

$30,000

60.217 Gwinnett County Board of Education: Fund the Arts Now Level 1 to train 10 interested school teams assist students in meeting or exceeding Georgia Performance Standards.

State General Funds

$30,000

60.218 Gwinnett County Board of Education: Assist with community service and education enhancements at the Gwinnett Village Community Alliance

State General Funds

$20,000

60.219 Gwinnett County Board of Education: Assist with infrastructure improvements at Norcross High School

State General Funds

$20,000

60.220 Gwinnett County Board of Education: Assist with infrastructure improvements at Peachtree Ridge High School

State General Funds

$20,000

60.221 Gwinnett County Board of Education: Assist with infrastructure improvements at Collins Hill High School

State General Funds

$35,000

60.222 Gwinnett County Board of Education: Assist with community service and education enhancements at Grayson High School

State General Funds

$30,000

FRIDAY, APRIL 20, 2007

4405

60.223 City of Demorest: Assist with a comprehensive study of a downtown renovation project

State General Funds

$25,000

60.224 City of Demorest: Improve municipal park at Piedmont College.

State General Funds

$5,000

60.225 Hall County: Fund the Interactive Neighborhood for Kids.

State General Funds

$10,000

60.226 Hall County: Renovate HVAC and repair ductwork for the East Hall and Murrayville Library Branches.

State General Funds

$20,000

60.227 Hall County: Build a ballfield at the Hall County Recreation Department for the handicapped/disabled.

State General Funds

$30,000

60.228 Hall County: Fund Industrial Park Development.

State General Funds

$75,000

60.229 City of Flowery Branch: Assist in establishing a geographic information system mapping of sewer and stormwater facilities

State General Funds

$20,000

60.230 City of Gainesville: Assist the Centennial Arts Academy with technology improvements

State General Funds

$25,000

60.231 City of Oakwood: Expand and upgrade outdoor recreation facilities.

State General Funds

$8,000

60.232 Hall County Board of Education: Assist in the development of an English Language Literacy Lab

State General Funds

$30,000

60.233 Hancock County: Assist the Sparta-Hancock County Fire Department with communications improvements

State General Funds

$7,000

60.234 Hancock County: Assist the Sparta-Hancock County Library with infrastructure improvements

State General Funds

$7,000

60.235 City of Sparta: Assist with an upgrade of the City of Sparta Police Department communication system

State General Funds

$7,000

60.236 City of Tallapoosa: Construct an addition to the West Georgia Museum of Tallapoosa.

State General Funds

$20,000

4406

JOURNAL OF THE HOUSE

60.237 City of Tallapoosa: Assist with the renovation of the Old City High School into a Civic Center for community development

State General Funds

$40,000

60.238 Haralson County Board of Education: Construct a shotgun shooting facility for the West Georgia Youth Range Association.

State General Funds

$20,000

60.239 Harris County: Fund planning and development for two new businesses.

State General Funds

$40,000

60.240 Harris County: Assist Harris County with infrastructure and economic development improvements to the Ellerslie Historic Train Depot (community center)

State General Funds

$10,000

60.241 City of Hamilton: Assist with infrastructure improvements

State General Funds

$50,000

60.242 Hart County: Build an animal shelter for animal control.

State General Funds

$20,000

60.243 Hart County: Support the Hart County Library.

State General Funds

$10,000

60.244 Henry County: Renovate the Veterans Wall of Honor McDonough.

State General Funds

$25,000

60.245 Henry County: Purchase vehicle cameras and detection devices for police cars for the Henry County Police Department.

State General Funds

$20,000

60.246 Henry County: Build restroom facilities at the Nash Battlefield Farm.

State General Funds

$10,000

60.247 City of Hampton: Purchase digital video camera equipment for the Hampton Police Department.

State General Funds

$25,000

60.248 Houston County: Assist Kids Journey with educational materials

State General Funds

$10,000

60.249 Houston County: Assist the Houston County Library with media/education materials

State General Funds

$5,000

60.250 City of Centerville: Purchase a thermal imaging camera.

FRIDAY, APRIL 20, 2007

4407

State General Funds

$10,000

60.251 City of Perry: Assist the City of Perry with public service improvements

State General Funds

$5,000

60.252 City of Perry: Assist the City of Perry with public service improvements

State General Funds

$10,000

60.253 City of Perry: Assist with communications enhancements for City of Perry law enforcement

State General Funds

$20,000

60.254 City of Warner Robins: Assist with community service and transportation improvements

State General Funds

$15,000

60.255 City of Warner Robins: Assist the Cherished Children Child Care Center with community service and transportation improvements

State General Funds

$15,000

60.256 Irwin County: Purchase equipment for the Irwin County Sheriffs Office.

State General Funds

$15,000

60.257 Irwin County: Assist the Irwin County Youth League with community improvements

State General Funds

$10,000

60.258 Irwin County Board of Education: Assist with environmental improvements at Irwin County High School

State General Funds

$5,000

60.259 Jackson County: Assist in the purchase of new personal protective gear for the South Jackson Volunteer Fire Department

State General Funds

$5,000

60.260 City of Commerce: Assist in purchasing an I.S.G. Elite Thermal Imaging Camera for the Commerce Fire Department

State General Funds

$10,000

60.261 City of Monticello: Assist City of Monticello with handicap accessibility improvements

State General Funds

$25,000

60.262 Jeff Davis County: Assist with Heritage Center learning aids

State General Funds

$4,000

60.263 City of Hazlehurst: Assist with health and community services

State General Funds

$5,000

4408

JOURNAL OF THE HOUSE

60.264 Jenkins County: Assist the Jenkins County Extension office with infrastructure improvements State General Funds 60.265 City of Kite: Assist with community development State General Funds 60.266 City of Wrightsville: Purchase fire department equipment. State General Funds 60.267 Jones County: Purchase Rescue Truck for Emergency Management Rescue Services. State General Funds 60.268 Jones County Board of Education: Provide a start-up grant for a Technology Center at the Ninth Grade Academy State General Funds 60.269 Lamar County: Fund the start-up cost of Lamar County Elections Board. State General Funds 60.270 Lamar County: Assist with the restoration of community center State General Funds 60.271 City of Milner: Purchase equipment for the Milner Police Department. State General Funds 60.272 City of Lakeland: Assist the W.L Miller Library with technology improvements State General Funds 60.273 Laurens County: Purchase Jaws of Life rescue equipment for the Cedar Grove Volunteer Fire Department State General Funds 60.274 City of Dexter: Assist with infrastructure improvements for public service program State General Funds 60.275 City of Leesburg: Assist the Lee County Library with technology improvements State General Funds 60.276 City of Smithville: Assist the Smithville Police Department with technology and communications improvements State General Funds 60.277 Liberty County: Assist with public safety improvements

$8,000 $4,000 $10,000 $20,000 $7,000 $20,000 $10,000 $18,890 $12,000 $5,000 $15,000 $10,000 $5,000

FRIDAY, APRIL 20, 2007

4409

State General Funds

$20,000

60.278 City of Hinesville: Provide a Veterans Center Planning Grant for the planning of facility construction of a clinic.

State General Funds

$10,000

60.279 City of Midway: Complete the original design of the Cay Creek Interruptive Center.

State General Funds

$30,000

60.280 Lincoln County: Implement a literacy program for the Lincoln County Family Connection.

State General Funds

$10,000

60.281 City of Lincolnton: Assist the City of Lincolnton with community center infrastructure improvements

State General Funds

$10,000

60.282 Long County: Purchase patrol vehicle for the Long County Sheriff's Office.

State General Funds

$15,000

60.283 City of Ludowici: Purchase four computers for the Ludowici Police Department.

State General Funds

$10,000

60.284 Lowndes County Board of Education: Implement a Parent Education Workshop in all elementary schools.

State General Funds

$10,000

60.285 City of Valdosta Board of Education: Provide funds for the SMILE mentoring program to match private funds.

State General Funds

$5,000

60.286 Lumpkin County: Assist Lumpkin County with an engineering study for water meters

State General Funds

$10,000

60.287 City of Dahlonega: Assist with infrastructure improvements and historic preservation adjacent to the Gold Museum

State General Funds

$10,000

60.288 Madison County: Fund site preparation for a silt fence and clearing and grading debris at the Madison County Ag. Ed. Center.

State General Funds

$40,000

60.289 Madison County: Replace an ambulance.

State General Funds

$40,000

60.290 Madison County: Assist Madison County with voter access improvements

State General Funds

$5,000

4410

JOURNAL OF THE HOUSE

60.291 McDuffie County: Support the Boys and Girls Club. State General Funds 60.292 City of Thomson: Support the Thomas/McDuffie County Library. State General Funds 60.293 City of Darien: Assist with the completion of a Regional Arts Center State General Funds 60.294 City of Greenville: Purchase a portable building for senior citizens. State General Funds 60.295 City of Manchester: Fund a partial conversion of Historic Manchester Mill Building. State General Funds 60.296 Miller County: Purchase fallout gear for the Miller County Fire Department. State General Funds 60.297 Mitchell County: Provide funding to the seven Mitchell County Volunteer Fire Departments to purchase equipment State General Funds 60.298 City of Camilla: Assist with community development State General Funds 60.299 City of Pelham: Assist with technology improvements State General Funds 60.300 City of Pelham: Assist with infrastructure improvements and renovations State General Funds 60.301 Monroe County: Engineer and construct a building at the Whistle Stop Cafe'. State General Funds 60.302 City of Culloden: Inspect, clean, and paint elevated city water tank. State General Funds 60.303 City of Forsyth: Rehabilitate city hall, police station, and fire station. State General Funds 60.304 City of Eton: Assist the City of Eton with community development State General Funds

$7,000 $12,000 $30,000 $4,695 $35,000 $10,000 $10,000 $10,000 $10,000 $10,000 $20,000 $15,000
$0 $15,000

FRIDAY, APRIL 20, 2007

4411

60.305 Muscogee County: Operate the Two Thousand Opportunities, Inc.

State General Funds

$5,000

60.306 Muscogee County: Fund an economic literacy program at the Girls Incorporated of Columbus.

State General Funds

$5,000

60.307 City of Columbus: Operate a student athlete program at the Sports Counseling and Educational Services, Inc.

State General Funds

$20,000

60.308 City of Columbus: Fund an income tax credit initiative at the United Way of the Chattahoochee Valley.

State General Funds

$10,000

60.309 City of Columbus: Fund an after school reading tutorial program at the Building Toward Wellness Inc.

State General Funds

$10,000

60.310 City of Columbus: Fund a charity project at the Controller's Civic and Social Club.

State General Funds

$5,000

60.311 City of Columbus: Fund Project Rebound Inc. for an after school enrichment program for foster children.

State General Funds

$5,000

60.312 City of Columbus: Fund Columbus South, Inc. for revitalization efforts.

State General Funds

$5,000

60.313 City of Columbus: Assist the United Way of the Chattahoochee with infrastructure improvements to help reduce regional poverty

State General Funds

$20,000

60.314 Muscogee County Board of Education: Fund the Marshall Middle School Year Round Program.

State General Funds

$10,000

60.315 City of Porterdale: Restore Porter Memorial Gym.

State General Funds

$20,000

60.316 Paulding County: Assist Paulding County with children's public safety

State General Funds

$3,000

60.317 Paulding County: Improve the Ridge Road Community Park.

State General Funds

$20,000

60.318 City of Dallas: Assist with technology improvements

4412

JOURNAL OF THE HOUSE

State General Funds 60.319 Paulding County Board of Education: Assist with security enhancements to ensure safe schools State General Funds 60.320 Paulding County Board of Education: Purchase a field house/locker room for East Paulding High School. State General Funds 60.321 Peach County: Purchase two warning sirens. State General Funds 60.322 Pickens County: Assist Pickens County with technology improvements State General Funds 60.323 Pickens County: Purchase an Urban Response Type-6 fire engine. State General Funds 60.324 Pierce County: Purchase equipment for the Pierce County Recreation Department. State General Funds 60.325 City of Offerman: Build a bathroom for the city park. State General Funds 60.326 City of Eatonton: Assist the City of Eatonton with community center improvements - historic log cabin structure State General Funds 60.327 Rabun County: Promote academic strength and success through the Rabun Youth Inc. State General Funds 60.328 City of Sky Valley: Construct a meeting room for government meetings. State General Funds 60.329 Randolph County: Assist Randolph County with technology and communications improvements State General Funds 60.330 City of Cuthbert: Assist the City of Cuthbert with technology improvements State General Funds 60.331 City of Shellman: Purchase an AED defibulator. State General Funds

$2,000 $16,000 $10,000 $20,000 $15,000 $40,000 $15,000 $5,000 $35,000 $5,000 $20,000 $10,000 $3,000 $3,000

FRIDAY, APRIL 20, 2007
60.332 Rockdale County: Assist the Conyers-Rockdale Library System with transportation improvements State General Funds 60.333 City of Conyers: Fund park improvements. State General Funds 60.334 Rockdale County Board of Education: Assist Lithonia Middle School in meeting media material requirements State General Funds 60.335 Screven County: Assist the Screven County Chamber of Commerce with a museum renovation State General Funds 60.336 City of Donalsonville: Replace the radio system at the Donalsonville Fire Department State General Funds 60.337 Seminole County Board of Education: Purchase a boiler for Seminole High School. State General Funds 60.338 Stephens County: Provide funding for the Stephens County Recovery Academy. State General Funds 60.339 Stephens County Board of Education: Assist the special education program at Eastanollee Elementary School State General Funds 60.340 Stephens County Board of Education: Assist the special education program at Stephens County Middle School State General Funds 60.341 City of Richland: Clean-up from tornado damage. State General Funds 60.342 Sumter County: Assist with airport facility repairs State General Funds 60.343 City of Americus: Clean up from tornado damage. State General Funds 60.344 Tattnall County: Provide funds for additions to a jail. State General Funds 60.345 City of Glennville: Purchase a John Deere 1200A for the Glennville Recreation Department. State General Funds

4413
$20,000 $25,000 $5,000 $12,000 $10,000 $15,000 $5,000 $5,000 $15,000 $25,000 $18,000 $40,000 $25,000 $10,000

4414

JOURNAL OF THE HOUSE

60.346 City of Glennville: Assist in the development of a low income residential center State General Funds 60.347 City of Reidsville: Purchase a truck, truck bay, office, and enlarge a meeting room. State General Funds 60.348 City of Reidsville: Purchase equipment for the Reidsville Fire Departmental. State General Funds 60.349 City of Reidsville: Complete improvement projects at the Reidsville Municipal Airport. State General Funds 60.350 Thomas County: Purchase equipment and furnishings for a new building at the Thomas County Boys and Girls Club. State General Funds 60.351 Thomas County: Provide funds ($1,153/each) to the 13 Volunteer Fire Departments in Thomas County for equipment State General Funds 60.352 City of Boston: Improve streetscape and gateway on HWY 84. State General Funds 60.353 City of Meigs: Replace roof and make repairs to the city hall. State General Funds 60.354 Tift County: Assist the Tift County Sheriff's Office with communications and technology improvements State General Funds 60.355 City of TyTy: Assist with recreational improvements State General Funds 60.356 Toombs County: Refurbish training center and purchase equipment for the Toombs County Rural Fire Department State General Funds 60.357 City of Lyons: Upgrade parks maintained by the Recreational Department. State General Funds 60.358 City of Lyons: Establish the Altamaha Heritage Center Museum. State General Funds 60.359 City of Vidalia: Develop a pistol range for law enforcement.

$45,000 $15,000 $10,000 $25,000 $20,000 $15,000 $15,000 $20,000 $12,000 $10,000 $30,000 $20,000 $10,000

FRIDAY, APRIL 20, 2007
State General Funds 60.360 Treutlen County: Fund grant writing to the Heart of Georgia Altamaha Regional Development Center. State General Funds 60.361 City of Soperton: Assist the City of Soperton with community development State General Funds 60.362 City of Soperton: Fund repairs and purchase equipment at the city recreation park. State General Funds 60.363 City of LaGrange: Assist the City of LaGrange with community development State General Funds 60.364 City of LaGrange: Assist with environmental improvements at Granger Park Lake State General Funds 60.365 Turner County: Assist with emergency services improvements State General Funds 60.366 City of Sycamore: Assist with public safety equipment State General Funds 60.367 Union County Board of Education: Create a drug prevention program. State General Funds 60.368 Walker County: Fund transportation planning. State General Funds 60.369 City of LaFayette: Assist the Chattooga Academy with infrastructure renovations and repairs State General Funds 60.370 City of Good Hope: Assist the City of Good Hope with community development State General Funds 60.371 City of Social Circle: Assist the City of Social Circle with community development State General Funds 60.372 Walton County Board of Education: Assist with a health education facility at Loganville High School State General Funds 60.373 Ware County: Purchase Type 5 Fire Engine Truck

4415
$25,000 $20,000 $7,500 $15,000 $20,000 $15,000 $12,000 $7,000 $50,000 $22,500 $15,000 $5,000 $25,000 $15,000

4416

JOURNAL OF THE HOUSE

State General Funds

$40,000

60.374 City of Waycross: Assist the City of Waycross with community development improvements

State General Funds

$10,000

60.375 Warren County: Purchase a transport vehicle for coroner.

State General Funds

$5,000

60.376 Warren County: Purchase a storage cooler for coroner.

State General Funds

$3,000

60.377 Wayne County: Assist Webster County Volunteer Fire Departments with public safety and transportation improvements

State General Funds

$5,000

60.378 City of Jesup: Assist with technology improvements

State General Funds

$5,000

60.379 City of Screven: Assist with emergency (tornado damage) repairs

State General Funds

$5,000

60.380 Webster County: Assist Webster County with public safety and transportation improvements

State General Funds

$10,000

60.381 City of Alamo: Assist the Alamo Police Department with public safety improvements

State General Funds

$3,000

60.382 City of Alamo: Purchase Body Armor for the Alamo Police Department

State General Funds

$1,800

60.383 Whitfield County: Hire a consultant to develop a master plan for the development of heritage interpretation of Prater's Mill.

State General Funds

$25,000

60.384 City of Cohutta: Assist the City of Cohutta with public safety equipment

State General Funds

$17,000

60.385 City of Dalton: Assist the Creative Arts Guild with environmental improvements

State General Funds

$15,000

60.386 City of Abbeville: Purchase two (2) Automatic External Defibrillators for police cars

State General Funds

$2,000

FRIDAY, APRIL 20, 2007

4417

60.387 City of Pineview: Purchase police cars.

State General Funds

$15,000

60.388 City of Rochelle: Assist the City of Rochelle with water system infrastructure improvements

State General Funds

$7,000

60.389 City of Washington: Support overnight facilities for tourism and economic development.

State General Funds

$20,000

60.390 City of Washington: Assist the Pope Center in the City of Washington with technology upgrades

State General Funds

$35,000

60.391 City of Ivey: Assist in the upgrade of city water lines

State General Funds

$22,000

60.392 City of Poulan: Assist with community development

State General Funds

$5,000

60.393 City of Sylvester: Purchase turnout gear for eleven (11) firefighters

State General Funds

$10,000

60.394 City of Sylvester: Purchase computers for city hall.

State General Funds

$4,500

60.395 City of Warwick: Assist the City of Warwick with emergency services enhancements

State General Funds

$24,000

60.396 Central Savannah River Area Regional Development Center: Assist with handicap accessibility at Walton Options for Independent Living, Inc.

State General Funds

$10,000

60.397 Northeast Georgia Regional Development Center: Assist the Arts Development Council with infrastructure and operational improvements.

State General Funds

$5,000

60.398 Northwest Georgia Trade and Convention Center Authority: Assist with accessibility and informational improvements at the Georgia Athletic Coaches Association.

State General Funds

$25,000

60.0Local Assistance Grants

Appropriation (HB 95)

4418

JOURNAL OF THE HOUSE

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 State General Funds
TOTAL PUBLIC FUNDS

$500,000 $500,000 $500,000

$50,000 $50,000 $50,000

$7,024,284 $7,024,284 $7,024,284

Regional Services

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$2,134,134 $2,134,134 $2,134,134

$2,134,134 $2,134,134 $2,134,134

$2,134,134 $2,134,134 $2,134,134

$2,134,134 $2,134,134 $2,134,134

61.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$17,661

$17,661

$17,661

$17,661

61.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$27,012

$27,012

$27,012

$27,012

61.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$69,836

$69,836

$69,836

$69,836

61.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$19,266

$19,266

$19,266

$19,266

61.5 Increase funds for one rural economic development position and related operating expenses to implement economic development strategies in rural Georgia.

State General Funds

$59,450

$59,450

$59,450

$59,450

61.6 Increase funds for the Local Development Fund. [One-Time Change]

State General Funds

$5,000,000

$6,000,000

$6,000,000

$0

61.7 Eliminate one-time funds received in HB1027 (FY07) for a boundary study of Doraville, Chamblee, and the proposed City of Dunwoody.

State General Funds

($20,000)

($20,000)

($20,000)

($20,000)

FRIDAY, APRIL 20, 2007

4419

61.8 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations. (H:Transfer funds to the Departmental Administration program for a consultant to advise the department in the Georgia Oglethorpe Award Process)

State General Funds

($2,454)

($2,454)

($2,454)

($2,454)

61.0Regional Services

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$7,304,905 $7,304,905 $7,304,905

$8,304,905 $8,304,905 $8,304,905

$8,304,905 $8,304,905 $8,304,905

$2,304,905 $2,304,905 $2,304,905

Rental Housing Programs

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$3,287,829 $3,287,829 $56,556,858 $56,556,858 $3,009,535
$9,715 $9,715 $2,986,864 $2,986,864 $12,956 $12,956 $62,854,222

$3,287,829 $3,287,829 $56,556,858 $56,556,858 $3,009,535
$9,715 $9,715 $2,986,864 $2,986,864 $12,956 $12,956 $62,854,222

$3,287,829 $3,287,829 $56,556,858 $56,556,858 $3,009,535
$9,715 $9,715 $2,986,864 $2,986,864 $12,956 $12,956 $62,854,222

$3,287,829 $3,287,829 $56,556,858 $56,556,858 $3,009,535
$9,715 $9,715 $2,986,864 $2,986,864 $12,956 $12,956 $62,854,222

62.0Rental Housing Programs

Appropriation (HB 95)

4420

JOURNAL OF THE HOUSE

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$3,287,829 $3,287,829 $56,556,858 $56,556,858 $3,009,535
$9,715 $9,715 $2,986,864 $2,986,864 $12,956 $12,956 $62,854,222

$3,287,829 $3,287,829 $56,556,858 $56,556,858 $3,009,535
$9,715 $9,715 $2,986,864 $2,986,864 $12,956 $12,956 $62,854,222

$3,287,829 $3,287,829 $56,556,858 $56,556,858 $3,009,535
$9,715 $9,715 $2,986,864 $2,986,864 $12,956 $12,956 $62,854,222

$3,287,829 $3,287,829 $56,556,858 $56,556,858 $3,009,535
$9,715 $9,715 $2,986,864 $2,986,864 $12,956 $12,956 $62,854,222

Research and Surveys

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$578,685 $578,685 $578,685

$578,685 $578,685 $578,685

$578,685 $578,685 $578,685

$578,685 $578,685 $578,685

63.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$6,292

$6,292

$6,292

$6,292

63.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$8,530

$8,530

$8,530

$8,530

63.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$22,053

$22,053

$22,053

$22,053

63.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

FRIDAY, APRIL 20, 2007

4421

State General Funds

$5,780

$5,780

$5,780

$5,780

63.5 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations. (H:Transfer funds to the Departmental Administration program for a consultant to advise the department in the Georgia Oglethorpe Award Process)

State General Funds

($558)

($558)

($558)

($558)

63.0Research and Surveys

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$620,782 $620,782 $620,782

$620,782 $620,782 $620,782

$620,782 $620,782 $620,782

$620,782 $620,782 $620,782

Special Housing Initiatives The purpose of this appropriation is to provide funds for Special Housing Initiatives.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$3,332,892 $3,332,892 $1,174,515 $1,174,515 $1,174,515 $4,507,407

Continuation Budget

$3,332,892 $3,332,892 $1,174,515 $1,174,515 $1,174,515 $4,507,407

$3,332,892 $3,332,892 $1,174,515 $1,174,515 $1,174,515 $4,507,407

$3,332,892 $3,332,892 $1,174,515 $1,174,515 $1,174,515 $4,507,407

64.1 Transfer $100,000 in TANF funds to the Special Housing Initiatives program for grants to organizations, non-profits, collaboratives, or housing authorities to provide programs for the preservation of healthy marriages among low-income

individuals.

FF Temporary Assistance for Needy Families CFDA93.558

$100,000

$100,000

$100,000

64.0Special Housing Initiatives

The purpose of this appropriation is to provide funds for Special Housing Initiatives.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS

$3,332,892 $3,332,892 $1,174,515

Appropriation (HB 95)

$3,332,892 $3,332,892 $1,174,515

$3,332,892 $3,332,892 $1,174,515

$3,332,892 $3,332,892 $1,174,515

4422

JOURNAL OF THE HOUSE

Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Temporary Assistance for Needy Families CFDA93.558
TOTAL PUBLIC FUNDS

$1,174,515 $1,174,515
$4,507,407

$1,174,515 $1,174,515
$100,000 $100,000 $100,000 $4,607,407

$1,174,515 $1,174,515
$100,000 $100,000 $100,000 $4,607,407

$1,174,515 $1,174,515
$100,000 $100,000 $100,000 $4,607,407

State Community Development Programs

Continuation Budget

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.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,234,350 $1,234,350 $1,234,350

$1,234,350 $1,234,350 $1,234,350

$1,234,350 $1,234,350 $1,234,350

$1,234,350 $1,234,350 $1,234,350

65.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$12,556

$12,556

$12,556

$12,556

65.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$17,061

$17,061

$17,061

$17,061

65.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$44,106

$44,106

$44,106

$44,106

65.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$13,486

$13,486

$13,486

$13,486

65.5 Increase funds to hire master practitioner specialists to offer advanced services to Georgia's communities involved in downtown and commercial area redevelopment.

State General Funds

$56,905

$56,905

$56,905

$56,905

65.6 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations. (H:Transfer funds to the Departmental Administration program for a consultant to advise the department in the Georgia Oglethorpe Award Process)

State General Funds

($865)

($865)

($865)

($865)

FRIDAY, APRIL 20, 2007

4423

65.0State Community Development Programs

Appropriation (HB 95)

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.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,377,599 $1,377,599 $1,377,599

$1,377,599 $1,377,599 $1,377,599

$1,377,599 $1,377,599 $1,377,599

$1,377,599 $1,377,599 $1,377,599

State Economic Development Program

Continuation Budget

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$9,779,024 $9,779,024
$11,887 $11,887 $9,790,911

$9,779,024 $9,779,024
$11,887 $11,887 $9,790,911

$9,779,024 $9,779,024
$11,887 $11,887 $9,790,911

$9,779,024 $9,779,024
$11,887 $11,887 $9,790,911

66.1 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$1,422

$1,422

$1,422

$1,422

66.2 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$3,676

$3,676

$3,676

$3,676

66.3 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$963

$963

$963

$963

66.4 Increase funds for the Regional Economic Business Assistance (REBA) program to assist local redevelopment authorities in creating comprehensive economic development plans. [One-Time Change]

State General Funds

$330,160

$330,160

$330,160

$330,160

66.5 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations. (H:Transfer funds to the Departmental Administration program for a consultant to advise the department in the Georgia Oglethorpe Award Process)

State General Funds

($518)

($518)

($518)

($518)

4424

JOURNAL OF THE HOUSE

66.6 Redirect $250,000 from the GHFA Georgia Cities Foundation (Downtown Development Fund) to the City of Richland for an emergency water redistribution system (Total $850,000). [One-Time Change]

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$600,000 $300,000 $900,000

$600,000 $0
$600,000

66.0State Economic Development Program

Appropriation (HB 95)

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$10,114,727 $10,114,727
$11,887 $11,887 $10,126,614

$10,114,727 $10,114,727
$11,887 $11,887 $10,126,614

$10,714,727 $10,714,727
$311,887 $311,887 $11,026,614

$10,714,727 $10,714,727
$11,887 $11,887 $10,726,614

Payments to Georgia Environmental Facilities Authority

Continuation Budget

The purpose of this appropriation is to provide funds for the Georgia Rural Water Association and the Infrastructure Grant Program.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$6,585,782 $6,585,782 $6,585,782

$6,585,782 $6,585,782 $6,585,782

$6,585,782 $6,585,782 $6,585,782

$6,585,782 $6,585,782 $6,585,782

67.1 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$4,083

$4,083

$0

$0

67.2 Reduce one-time funds received in HB1027 (FY07) from the Georgia Rural Water Association.

State General Funds

($150,000)

$0

$0

$0

67.3 Increase grant funds to acquire lands for the preservation and protection of Georgia's critical and essential watersheds and wildlife habitats within the Governor's Land Conservation program. [One-Time Change]

State General Funds

$45,000,000 $42,337,944

67.4 Increase funds for incentive grants for the reuse of treated wastewater to support growth and economic development. [One-Time
Change]

State General Funds

$500,000

$500,000

FRIDAY, APRIL 20, 2007

4425

67.5 Increase funds to establish an E-85 grant program according to SB157 (2007 Session). [One-Time Change]

State General Funds

$500,000

$400,000

67.99 CC: The purpose of this appropriation is to provide funds for the Georgia Rural Water Association, the Infrastructure Grant Program, the Energy Plan Program, the Governor's Land Conservation program, the Reuse of Treated Water Incentive Grant Program, and the E-85 Grant Program. Senate: The purpose of this appropriation is to provide funds for the Georgia Rural Water Association, the Infrastructure Grant Program, the Energy Plan Program, the Governor's Land Conservation program, the Reuse of Treated Water Incentive Grant Program, and the E-85 Grant Program. House: Provide low interest loans for water, wastewater, and solid waste projects. Governor: Provide low interest loans for water, wastewater, and solid waste projects.

State General Funds

$0

$0

$0

$0

67.0Payments to Georgia Environmental Facilities Authority

Appropriation (HB 95)

The purpose of this appropriation is to provide funds for the Georgia Rural Water Association, the Infrastructure Grant Program, the Energy Plan Program, the Governor's Land Conservation program, the Reuse of Treated Water Incentive Grant Program, and the E85 Grant Program.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$6,439,865 $6,439,865 $6,439,865

$6,589,865 $6,589,865 $6,589,865

$52,585,782 $52,585,782 $52,585,782

$49,823,726 $49,823,726 $49,823,726

Payments to OneGeorgia Authority

The purpose of this appropriation is to provide funds for the OneGeorgia Authority.

TOTAL STATE FUNDS Tobacco Settlement Funds
TOTAL PUBLIC FUNDS

$47,123,333 $47,123,333 $47,123,333

Continuation Budget

$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

68.0Payments to OneGeorgia Authority

The purpose of this appropriation is to provide funds for the OneGeorgia Authority.

TOTAL STATE FUNDS Tobacco Settlement Funds
TOTAL PUBLIC FUNDS

$47,123,333 $47,123,333 $47,123,333

Appropriation (HB 95)

$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

4426

JOURNAL OF THE HOUSE

Payments to Georgia Regional Transportation Authority

Continuation Budget

The purpose of this appropriation is to improve Georgia's mobility, air quality, and land use practices.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$4,570,617 $4,570,617 $4,570,617

$4,570,617 $4,570,617 $4,570,617

$4,570,617 $4,570,617 $4,570,617

$4,570,617 $4,570,617 $4,570,617

69.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$35,154

$35,154

$35,154

$35,154

69.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$66,145

$66,145

$66,145

$66,145

69.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$173,399

$173,399

$173,399

$173,399

69.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$22,501

$22,501

$22,501

$22,501

69.0Payments to Georgia Regional Transportation Authority

Appropriation (HB 95)

The purpose of this appropriation is to improve Georgia's mobility, air quality, and land use practices.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$4,867,816 $4,867,816 $4,867,816

$4,867,816 $4,867,816 $4,867,816

$4,867,816 $4,867,816 $4,867,816

$4,867,816 $4,867,816 $4,867,816

If a local assistance grant incorrectly identifies the local government recipient for the stated purpose, then the intended recipient is the local government entity with responsibility for the purpose. If a local assistance grant states an ineligible purpose, the intended purpose is eligible activity of the stated recipient with substantially similar character. Where a local assistance grant states that it is for the operation of a private program or a private entity, the intent is that the local government recipient contract for services of such a nature from the private entity. If a local assistance grant states that it is for the purchase of property for a private entity or for the improvement of property of a private entity, the intent is that recipient contract for services of the private entity using the property.

Section 17: Community Health, Department of

Section Total - Continuation

FRIDAY, APRIL 20, 2007

4427

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 Reserved Fund Balances Intergovernmental Transfers Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

$2,379,182,299 $2,379,182,299 $2,379,182,299 $2,379,182,299

$2,323,237,938 $2,323,237,938 $2,323,237,938 $2,323,237,938

$55,944,361 $55,944,361 $55,944,361 $55,944,361

$5,313,798,831 $5,313,798,831 $5,313,798,831 $5,313,798,831

$5,063,767,781 $5,063,767,781 $5,063,767,781 $5,063,767,781

$250,031,050 $250,031,050 $250,031,050 $250,031,050

$573,344,306 $573,344,306 $573,344,306 $573,344,306

$341,510,803 $341,510,803 $341,510,803 $341,510,803

$229,301,343 $229,301,343 $229,301,343 $229,301,343

$2,532,160

$2,532,160

$2,532,160

$2,532,160

$2,711,397,347 $2,711,397,347 $2,711,397,347 $2,711,397,347

$2,711,397,347 $2,711,397,347 $2,711,397,347 $2,711,397,347

$10,977,722,783 $10,977,722,783 $10,977,722,783 $10,977,722,783

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 Reserved Fund Balances Intergovernmental Transfers Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

Section Total - Final

$2,503,109,178 $2,465,484,178 $2,494,221,982 $2,482,108,214

$2,450,635,522 $2,413,010,522 $2,440,548,326 $2,428,284,558

$52,473,656 $52,473,656 $53,673,656 $53,823,656

$5,711,017,853 $5,490,827,364 $5,536,223,029 $5,518,488,492

$5,445,988,173 $5,249,386,670 $5,294,782,335 $5,277,047,798

$265,029,680 $241,440,694 $241,440,694 $241,440,694

$545,505,840 $467,546,203 $467,546,203 $475,338,868

$313,672,337 $235,712,700 $235,712,700 $243,505,365

$229,301,343 $229,301,343 $229,301,343 $229,301,343

$2,532,160

$2,532,160

$2,532,160

$2,532,160

$2,987,767,998 $2,987,767,998 $2,987,767,998 $2,987,767,998

$2,987,767,998 $2,987,767,998 $2,987,767,998 $2,987,767,998

$11,747,400,869 $11,411,625,743 $11,485,759,212 $11,463,703,572

Departmental Administration and Program Support

Continuation Budget

The purpose of this appropriation is to provide administrative support to all departmental programs.

TOTAL STATE FUNDS State General Funds

$87,102,839 $87,102,839

$87,102,839 $87,102,839

$87,102,839 $87,102,839

$87,102,839 $87,102,839

4428

JOURNAL OF THE HOUSE

TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments
TOTAL PUBLIC FUNDS

$277,247,793 $268,967,904
$8,279,889 $14,362,160 $14,130,000 $14,130,000
$232,160 $232,160 $19,240,263 $19,240,263 $19,240,263 $397,953,055

$277,247,793 $268,967,904
$8,279,889 $14,362,160 $14,130,000 $14,130,000
$232,160 $232,160 $19,240,263 $19,240,263 $19,240,263 $397,953,055

$277,247,793 $268,967,904
$8,279,889 $14,362,160 $14,130,000 $14,130,000
$232,160 $232,160 $19,240,263 $19,240,263 $19,240,263 $397,953,055

$277,247,793 $268,967,904
$8,279,889 $14,362,160 $14,130,000 $14,130,000
$232,160 $232,160 $19,240,263 $19,240,263 $19,240,263 $397,953,055

70.1 Annualize the cost of the FY07 salary adjustment.

State General Funds Medical Assistance Program CFDA93.778 Health Insurance Payments TOTAL PUBLIC FUNDS

$99,472 $118,851
$43,686 $262,009

$99,472 $118,851
$43,686 $262,009

$99,472 $118,851
$43,686 $262,009

$99,472 $118,851
$43,686 $262,009

70.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$225,572

$225,572

$225,572

$225,572

70.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$579,018 $868,581 $1,447,599

$579,018 $868,581 $1,447,599

$579,018 $868,581 $1,447,599

$579,018 $868,581 $1,447,599

70.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$73,496 $74,416 $147,912

$73,496 $74,416 $147,912

$73,496 $74,416 $147,912

$73,496 $74,416 $147,912

70.5 Increase funds for a Georgia Building Authority (GBA) rate change.

FRIDAY, APRIL 20, 2007

4429

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$116,977 $103,734 $220,711

$116,977 $103,734 $220,711

$116,977 $103,734 $220,711

$116,977 $103,734 $220,711

70.6 Increase funds for eight positions for contract management process improvement.

State General Funds Medical Assistance Program CFDA93.778 Health Insurance Payments TOTAL PUBLIC FUNDS

$265,581 $265,581
$61,502 $592,664

$265,581 $265,581
$61,502 $592,664

$265,581 $265,581
$61,502 $592,664

$265,581 $265,581
$61,502 $592,664

70.7 Increase funds for two legal services positions to provide support for member and provider appeals.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$63,489 $63,489 $126,978

$63,489 $63,489 $126,978

$63,489 $63,489 $126,978

$63,489 $63,489 $126,978

70.8 Increase funds for a financial management position to provide on-going actuarial support.

State General Funds Medical Assistance Program CFDA93.778 Health Insurance Payments TOTAL PUBLIC FUNDS

$58,242 $58,242 $28,620 $145,104

$58,242 $58,242 $28,620 $145,104

$58,242 $58,242 $28,620 $145,104

$58,242 $58,242 $28,620 $145,104

70.9 Increase funds for the annual independent review of the Georgia Healthy Families Program to assess quality, access and performance outcomes in compliance with federal regulations.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$3,989,673 $3,989,672 $7,979,345

$3,989,673 $3,989,672 $7,979,345

$3,989,673 $3,989,672 $7,979,345

$3,989,673 $3,989,672 $7,979,345

70.10 Increase funds for five positions and software for program integrity enhancements.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$938,372 $938,372 $1,876,744

$938,372 $938,372 $1,876,744

$938,372 $938,372 $1,876,744

$938,372 $938,372 $1,876,744

70.11 Increase funds for three Medicaid eligibility positions.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$81,083 $81,082 $162,165

$81,083 $81,082 $162,165

$81,083 $81,082 $162,165

$81,083 $81,082 $162,165

70.12 Increase funds for two accounting positions to audit payroll locations.

4430

JOURNAL OF THE HOUSE

Health Insurance Payments

$161,234

$161,234

$161,234

$161,234

70.13 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations.

State General Funds

($19,593)

($19,593)

($19,593)

($19,593)

70.14 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to reduce funds from operations.

State General Funds

($18,384)

($18,384)

($18,384)

($18,384)

70.15 Transfer $1,092,972 in total funds from the Medicaid: Aged, Blind, and Disabled program to properly reflect administrative cost.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$546,486 $546,486 $1,092,972

70.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize agency funds ($234,340) and federal funds ($96,742) for operations. (G:YES)(H:YES)(S:YES)

Medical Assistance Program CFDA93.778 Health Insurance Payments TOTAL PUBLIC FUNDS

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

70.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize agency funds ($7,283) and federal funds ($45,082) for operations. (G:YES)(H:YES)(S:YES)

Medical Assistance Program CFDA93.778 Health Insurance Payments TOTAL PUBLIC FUNDS

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

70.0Departmental Administration and Program Support

Appropriation (HB 95)

The purpose of this appropriation is to provide administrative support to all departmental programs.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized

$93,555,837 $93,555,837 $283,809,813 $275,529,924 $8,279,889 $14,362,160 $14,130,000 $14,130,000

$93,555,837 $93,555,837 $283,809,813 $275,529,924 $8,279,889 $14,362,160 $14,130,000 $14,130,000

$93,555,837 $93,555,837 $283,809,813 $275,529,924 $8,279,889 $14,362,160 $14,130,000 $14,130,000

$94,102,323 $94,102,323 $284,356,299 $276,076,410 $8,279,889 $14,362,160 $14,130,000 $14,130,000

FRIDAY, APRIL 20, 2007

4431

Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments
TOTAL PUBLIC FUNDS

$232,160 $232,160 $19,535,305 $19,535,305 $19,535,305 $411,263,115

$232,160 $232,160 $19,535,305 $19,535,305 $19,535,305 $411,263,115

$232,160 $232,160 $19,535,305 $19,535,305 $19,535,305 $411,263,115

$232,160 $232,160 $19,535,305 $19,535,305 $19,535,305 $412,356,087

Health Care Access and Improvement

Continuation Budget

The purpose of this appropriation is to improve the health, wellness and access to healthcare for Georgians.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$10,849,617 $10,849,617
$549,838 $549,838 $100,000 $100,000 $100,000 $11,499,455

$10,849,617 $10,849,617
$549,838 $549,838 $100,000 $100,000 $100,000 $11,499,455

$10,849,617 $10,849,617
$549,838 $549,838 $100,000 $100,000 $100,000 $11,499,455

$10,849,617 $10,849,617
$549,838 $549,838 $100,000 $100,000 $100,000 $11,499,455

71.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$25,372

$25,372

$25,372

$25,372

71.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$48,810

$48,810

$48,810

$48,810

71.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$125,289

$125,289

$125,289

$125,289

71.4 Eliminate one-time funds received in HB1027 (FY07) to establish a statewide electronic medical records system.

State General Funds

($750,000)

($750,000)

($750,000)

($750,000)

71.5 Increase funds to implement the Health Information Technology pilot to promote health care information transparency. (H:Implement the Health Information Technology pilot through a partnership with the Medical College of Georgia to provide a web-based remote hosted health information technology network ($500,000) to improve the quality and efficiency of health care in the Augusta region)(CC:Implement a Regional Health Information Technology pilot partnership with the Medical College of Georgia ($300,000) to improve the quality and efficiency of health care)

4432

JOURNAL OF THE HOUSE

State General Funds

$1,000,000

$800,000

$1,000,000

$1,000,000

71.6 Eliminate one-time funds received in HB1027 (FY07) for Oconee Medical Center radiation equipment.

State General Funds

($150,000)

($150,000)

($150,000)

($150,000)

71.7 Eliminate one-time funds received in HB1027 (FY07) for the Southwest Georgia Cancer Coalition.

State General Funds

($200,000)

($200,000)

($200,000)

($200,000)

71.8 Increase funds to improve access to primary health care in rural Georgia.

Tobacco Settlement Funds

$1,500,000

$1,500,000

$1,200,000

$1,350,000

71.9 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to increase funds for the Health Advisory Board.

State General Funds

$19,593

$19,593

$0

$0

71.10 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to increase funds for the Health Advisory Board.

State General Funds

$18,384

$18,384

$0

$0

71.11 Reduce excess funds for the three-year commitment with Hughes Spalding Children's Hospital while its management transitions from Grady Health System to Children's Healthcare of Atlanta.

State General Funds

($500,000)

($500,000)

($500,000)

71.12 Increase funds to the Area Health Education Centers (AHEC), $163,000 to support student housing while on community based clinical rotations and $337,000 to increase the core operating resources for the six regional AHEC centers. [One-Time Change]

State General Funds

$500,000

$500,000

$500,000

71.13 Increase funds for "new start" Community Health Centers to be administered and contracted with the Georgia Association for Primary Health Care; sites: Norcross, Gwinnett County; LaFayette, Walker County; Augusta, Richmond County and Chatsworth, Murray County. (S:Alma, Bacon County; Macon, Bibb County; Norcross, Gwinnett County; Lakeland, Lanier County)(CC:Alma, Bacon County; Augusta, Richmond County; Chatsworth, Murray County; Lakeland, Lanier County; Norcross, Gwinnett County; Macon, Bibb County;) [One-Time Change]

State General Funds

$1,000,000

$1,000,000

$1,500,000

71.14 Increase funds for behavioral health services integration with existing Community Health Centers to be administered and contracted with the Georgia Association for Primary Health Care; sites: Albany Area Primary Health Care, Inc. based in Dougherty County, serving multi-county sites in Southwest Georgia; Community Health Care Systems, Inc. based in Washington County, serving multi-county sites in East Georgia and Valley Health Care System, Inc. based in Muscogee County, serving multi-county sites in West Georgia. (S:Add funds for East Georgia Health Care Center, Inc. based in Emanuel

FRIDAY, APRIL 20, 2007

4433

County, serving multi-county sites in Southeast Georgia; and the new Community Health Center in Alma, Bacon County) [One-
Time Change]

State General Funds

$750,000

$1,250,000

$1,250,000

71.15 Increase funds to the Georgia Association for Primary Health Care to complete the statewide Electronic Medical Records system to link together the Federally Qualified Community Health Centers. [One-Time Change]

State General Funds

$375,000

$750,000

$750,000

71.16 Transfer funds from the Georgia Cancer Coalition program to provide core operational funding at $250,000 for each of the six Regional Cancer Coalitions of Excellence: Central Georgia Cancer Coalition, East Georgia Cancer Network, Northwest Georgia Regional Cancer Coalition, Southeast Georgia Cancer Alliance, Southwest Georgia Cancer Coalition, and West Central Georgia Cancer Coalition.

Tobacco Settlement Funds

$1,500,000

$1,500,000

71.0Health Care Access and Improvement

Appropriation (HB 95)

The purpose of this appropriation is to improve the health, wellness and access to healthcare for Georgians.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$12,487,065 $10,987,065 $1,500,000
$549,838 $549,838 $100,000 $100,000 $100,000 $13,136,903

$14,412,065 $12,912,065 $1,500,000
$549,838 $549,838 $100,000 $100,000 $100,000 $15,061,903

$16,649,088 $13,949,088 $2,700,000
$549,838 $549,838 $100,000 $100,000 $100,000 $17,298,926

$17,299,088 $14,449,088 $2,850,000
$549,838 $549,838 $100,000 $100,000 $100,000 $17,948,926

Indigent Care Trust Fund

Continuation Budget

The purpose of this appropriation is to support rural and other healthcare providers, primarily hospitals, that serve medically

indigent Georgians.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS

$146,000,635 $146,000,635 $503,123,666 $503,123,666 $167,737,319

$146,000,635 $146,000,635 $503,123,666 $503,123,666 $167,737,319

$146,000,635 $146,000,635 $503,123,666 $503,123,666 $167,737,319

$146,000,635 $146,000,635 $503,123,666 $503,123,666 $167,737,319

4434

JOURNAL OF THE HOUSE

Reserved Fund Balances Reserved Fund Balances Not Itemized
Intergovernmental Transfers Hospital Authorities
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$6,999,997 $6,999,997 $158,537,322 $158,537,322 $2,200,000 $2,200,000 $816,861,620

$6,999,997 $6,999,997 $158,537,322 $158,537,322 $2,200,000 $2,200,000 $816,861,620

$6,999,997 $6,999,997 $158,537,322 $158,537,322 $2,200,000 $2,200,000 $816,861,620

$6,999,997 $6,999,997 $158,537,322 $158,537,322 $2,200,000 $2,200,000 $816,861,620

72.1 Increase funds to reflect projected Care Management Organization (CMO) quality assessment fees from the PeachCare program.

State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS

$22,403,987 $63,864,735 $86,268,722

$22,403,987 $63,864,735 $86,268,722

$22,403,987 $63,864,735 $86,268,722

$22,403,987 $63,864,735 $86,268,722

72.2 Increase funds to reflect projected CMO quality assessment fees from the Low-Income Medicaid program. (S:Transfer to LowIncome Medicaid program)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$13,251,567 $13,251,567

$0

$0

$22,390,087 $22,390,087

$0

$0

$35,641,654 $35,641,654

$0

$0

72.3 Reduce prior year funds carried forward for funds available for private hospitals in the Disproportionate Share Hospital (DSH) program.

Medical Assistance Program CFDA93.778 Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS

($11,243,415) ($6,999,997) ($18,243,412)

($11,243,415) ($6,999,997) ($18,243,412)

($11,243,415) ($6,999,997) ($18,243,412)

($11,243,415) ($6,999,997) ($18,243,412)

72.98 Transfer the CMO quality assessment fees to the new Medicaid program (Total Funds: $379,204,156). (G:YES)(H:YES)(S:NO; Transfer to Low-Income Medicaid program)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$0

$0 ($145,500,635) ($145,500,635)

$0

$0 ($233,703,521) ($233,703,521)

$0

$0 ($379,204,156) ($379,204,156)

72.99 Transfer the CMO quality assessment fees to the new PeachCare program (Total Funds: $86,268,722). (G:YES)(H:YES)(S and CC:NO; Transfer to existing PeachCare program)

FRIDAY, APRIL 20, 2007

4435

State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS

$0

$0 ($22,403,987) ($22,403,987)

$0

$0 ($63,864,735) ($63,864,735)

$0

$0 ($86,268,722) ($86,268,722)

72.0Indigent Care Trust Fund

Appropriation (HB 95)

The purpose of this appropriation is to support rural and other healthcare providers, primarily hospitals, that serve medically indigent Georgians.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767
TOTAL AGENCY FUNDS Intergovernmental Transfers Hospital Authorities Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$181,656,189 $181,656,189 $578,135,073 $514,270,338 $63,864,735 $160,737,322 $158,537,322 $158,537,322
$2,200,000 $2,200,000 $920,528,584

$181,656,189 $181,656,189 $578,135,073 $514,270,338 $63,864,735 $160,737,322 $158,537,322 $158,537,322
$2,200,000 $2,200,000 $920,528,584

$500,000 $500,000 $258,176,730 $258,176,730
$160,737,322 $158,537,322 $158,537,322
$2,200,000 $2,200,000 $419,414,052

$500,000 $500,000 $258,176,730 $258,176,730
$160,737,322 $158,537,322 $158,537,322
$2,200,000 $2,200,000 $419,414,052

Medicaid: Aged, Blind, and Disabled

Continuation Budget

The purpose of this appropriation is to provide health care access primarily to elderly and disabled individuals.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Hospital Authorities
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers

$1,088,523,973 $1,088,523,973 $2,557,321,929 $2,557,321,929
$238,819,974 $180,384,269 $180,384,269 $58,435,705 $58,435,705 $267,288,632 $267,288,632

$1,088,523,973 $1,088,523,973 $2,557,321,929 $2,557,321,929
$238,819,974 $180,384,269 $180,384,269 $58,435,705 $58,435,705 $267,288,632 $267,288,632

$1,088,523,973 $1,088,523,973 $2,557,321,929 $2,557,321,929
$238,819,974 $180,384,269 $180,384,269 $58,435,705 $58,435,705 $267,288,632 $267,288,632

$1,088,523,973 $1,088,523,973 $2,557,321,929 $2,557,321,929
$238,819,974 $180,384,269 $180,384,269 $58,435,705 $58,435,705 $267,288,632 $267,288,632

4436

JOURNAL OF THE HOUSE

Optional Medicaid Services Payments TOTAL PUBLIC FUNDS

$267,288,632 $267,288,632 $267,288,632 $267,288,632 $4,151,954,508 $4,151,954,508 $4,151,954,508 $4,151,954,508

73.1 Increase funds for the reimbursement rate by $25 per member per month (PMPM) for Service Options Using Resource in a Community Environment (SOURCE) enhanced case management from $150 PMPM to $175 PMPM.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$900,873 $1,529,977 $2,430,850

$900,873 $1,529,977 $2,430,850

$900,873 $1,529,977 $2,430,850

$900,873 $1,529,977 $2,430,850

73.2 Increase funds to implement a Long-Term Care Partnership program to encourage investment in long-term care insurance. (G:YES)(H:YES)(S:YES)(CC:YES)

State General Funds

$0

$0

$0

$0

73.3 Increase funds to implement the Money Follows the Person Grant to balance the distribution of services between institutions and the community. (G:YES)(H:YES)(S:NO)(CC:YES)

State General Funds

$0

$0

$0

$0

73.4 Increase funds to reflect changes in the Federal Financial Participation (FFP) rate for Medicaid.

Medical Assistance Program CFDA93.778

$136,998,098 $136,998,098 $136,998,098 $136,998,098

73.5 Increase funds for Medicaid incurred benefits growth.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$58,423,536 $98,713,463 $157,136,999

$58,423,536 $98,713,463 $157,136,999

$53,423,536 $90,265,372 $143,688,908

$53,423,536 $90,265,372 $143,688,908

73.6 Reduce funds from operations.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($938,372) ($938,372) ($1,876,744)

($938,372) ($938,372) ($1,876,744)

($938,372) ($938,372) ($1,876,744)

($938,372) ($938,372) ($1,876,744)

73.7 Increase funds to raise the reimbursement rate to $62.38 for Speech Therapy visits, Code 92507. (CC:Change reimbursement rate from $62.38 to $62.53)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$745,773 $1,260,071 $2,005,844

$745,773 $1,260,071 $2,005,844

$745,773 $1,260,071 $2,005,844

73.8 Reduce funds to reflect cost avoidance from Program Integrity fraudulent claims prevention initiative.

FRIDAY, APRIL 20, 2007

4437

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($1,898,042) ($3,206,966) ($5,105,008)

($1,898,042) ($3,206,966) ($5,105,008)

($1,898,042) ($3,206,966) ($5,105,008)

73.9 The Department of Community Health shall implement a managed care program for the Aged, Blind and Disabled Medicaid population in the Atlanta region effective January 1, 2008. (CC:NO)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($30,000,000)

$0

$0

($50,688,542)

$0

$0

($80,688,542)

$0

$0

73.10 Reduce funds to reflect savings associated with HB551 (2007 Session) "State False Medicaid Claims Act".

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($10,000,000) ($16,896,180) ($26,896,180)

($5,000,000) ($8,448,090) ($13,448,090)

($10,000,000) ($16,896,180) ($26,896,180)

73.11 Properly reflect the use of prior year funds.

Medical Assistance Program CFDA93.778 Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS

($65,266,308) ($65,266,308) ($38,627,847) ($38,627,847) ($103,894,155) ($103,894,155)

($60,709,266) ($30,835,182) ($91,544,448)

73.12 Increase funds for the implementation of a Medicaid Buy-In Program. (CC:Transfer $1,092,972 in total funds ($546,486 in state general funds) to the Departmental Administration program to properly reflect administrative cost)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$1,700,882 $2,322,030 $4,022,912

$1,154,396 $1,775,544 $2,929,940

73.13 Increase funds to raise reimbursement rate by $12 for Medicaid dialysis services from $113 to $125. (CC:Raise reimbursement rate to match appropriation)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$1,563,768 $2,643,033 $4,206,801

$1,400,000 $2,643,033 $4,043,033

73.14 Increase funds for the nursing home reimbursement rate for a growth allowance of 0.5%.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$2,000,000 $3,259,006 $5,259,006

$2,000,000 $3,259,006 $5,259,006

4438

JOURNAL OF THE HOUSE

73.15 By December 1, 2007, the department shall conduct an analysis of the potential costs of providing preventative and restorative dental care to adults with disabilities who are Medicaid eligible, and shall recommend the changes to the Medicaid: Aged, Blind, and Disabled program. (S and CC:YES)

State General Funds

$0

$0

73.98 Transfer all funds and activities from the Medicaid: Aged, Blind and Disabled, Low-Income Medicaid, and Nursing Home Provider Fees programs, and the projected quality assessment fees from the Indigent Care Trust Fund to create a new Medicaid program. (G:YES)(H:YES)(S and CC:NO)

State General Funds Medical Assistance Program CFDA93.778 Reserved Fund Balances Not Itemized Hospital Authorities Optional Medicaid Services Payments TOTAL PUBLIC FUNDS

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

73.99 The purpose of this appropriation is to improve healthcare access primarily to elderly and disabled individuals; provided however, that from within the State General Fund appropriations of $1,146,910,010 immediately below, the amount of $70,000,000 is appropriated for this purposes of the Aged, Blind and Disabled Medicaid and PeachCare programs. The department may only exercise this flexibility during the first quarter of state fiscal year 2008 and any funds transferred from the Aged, Blind and Disabled program to the PeachCare program must be returned to the Aged, Blind and Disabled program by October 30,2007.

State General Funds

$0

73.0Medicaid: Aged, Blind, and Disabled

Appropriation (HB 95)

The purpose of this appropriation is to provide health care access primarily to elderly and disabled individuals.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers

$1,146,910,010 $1,146,910,010 $2,793,625,095 $2,793,625,095
$238,819,974 $180,384,269 $180,384,269 $58,435,705

$1,105,757,741 $1,105,757,741 $2,658,827,170 $2,658,827,170
$200,192,127 $141,756,422 $141,756,422 $58,435,705

$1,141,022,391 $1,141,022,391 $2,717,739,780 $2,717,739,780
$200,192,127 $141,756,422 $141,756,422 $58,435,705

$1,135,312,137 $1,135,312,137 $2,713,302,246 $2,713,302,246
$207,984,792 $149,549,087 $149,549,087 $58,435,705

FRIDAY, APRIL 20, 2007

4439

Hospital Authorities TOTAL INTRA-STATE GOVERNMENT TRANSFERS
State Funds Transfers Optional Medicaid Services Payments
TOTAL PUBLIC FUNDS

$58,435,705 $267,288,632 $267,288,632 $267,288,632 $4,446,643,711

$58,435,705 $267,288,632 $267,288,632 $267,288,632 $4,232,065,670

$58,435,705 $267,288,632 $267,288,632 $267,288,632 $4,326,242,930

$58,435,705 $267,288,632 $267,288,632 $267,288,632 $4,323,887,807

Medicaid: Low-Income Medicaid

Continuation Budget

The purpose of this appropriation is to provide healthcare access primarily to low-income individuals.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Hospital Authorities
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments
TOTAL PUBLIC FUNDS

$836,224,798 $785,251,142 $50,973,656 $1,574,329,108 $1,574,329,108 $131,486,384 $119,158,068 $119,158,068 $12,328,316 $12,328,316 $12,967,655 $12,967,655 $12,967,655 $2,555,007,945

$836,224,798 $785,251,142 $50,973,656 $1,574,329,108 $1,574,329,108 $131,486,384 $119,158,068 $119,158,068 $12,328,316 $12,328,316 $12,967,655 $12,967,655 $12,967,655 $2,555,007,945

$836,224,798 $785,251,142 $50,973,656 $1,574,329,108 $1,574,329,108 $131,486,384 $119,158,068 $119,158,068 $12,328,316 $12,328,316 $12,967,655 $12,967,655 $12,967,655 $2,555,007,945

$836,224,798 $785,251,142 $50,973,656 $1,574,329,108 $1,574,329,108 $131,486,384 $119,158,068 $119,158,068 $12,328,316 $12,328,316 $12,967,655 $12,967,655 $12,967,655 $2,555,007,945

74.1 Increase funds to reflect projected Care Management Organization (CMO) quality assessment fees ($35,641,654 total funds) in the new Medicaid program. (G:YES)(H:YES)(S and CC:NO; Transfer $35,641,654 in total funds from the Indigent Care Trust Fund to reflect projected quality assessment fees for the Low-Income Medicaid program)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$0

$0 $13,251,567 $13,251,567

$0

$0 $22,390,087 $22,390,087

$0

$0 $35,641,654 $35,641,654

74.2 Increase funds to reflect changes in Federal Funds Participation (FFP) rate for Medicaid.

Medical Assistance Program CFDA93.778

$82,643,580 $82,643,580 $82,643,580 $82,643,580

74.3 Replace funds with fees earned in the Department of Human Resources (DHR) for newborn screening activities.

4440

JOURNAL OF THE HOUSE

State General Funds Optional Medicaid Services Payments TOTAL PUBLIC FUNDS

($449,192) $449,192
$0

($449,192) $449,192
$0

($449,192) $449,192
$0

($449,192) $449,192
$0

74.4 Reduce funds from operations.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($81,083) ($81,082) ($162,165)

($81,083) ($81,082) ($162,165)

($81,083) ($81,082) ($162,165)

($81,083) ($81,082) ($162,165)

74.5 Increase funds for Medicaid incurred benefits growth.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$595,071 $1,005,442 $1,600,513

$595,071 $1,005,442 $1,600,513

$595,071 $1,005,442 $1,600,513

$595,071 $1,005,442 $1,600,513

74.6 Increase funds to reflect CMO administrative rate adjustments.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$8,214,959

$8,214,959 $13,880,143 $22,095,102

$8,214,959 $13,880,143 $22,095,102

$8,214,959 $13,880,143 $22,095,102

74.7 Reflect cost avoidance by funded eligibility positions.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($5,461,600) ($9,228,018) ($14,689,618)

($5,461,600) ($9,228,018) ($14,689,618)

($5,461,600) ($9,228,018) ($14,689,618)

74.8 Reduce funds to properly reflect prior year funds.

Medical Assistance Program CFDA93.778 Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS

($66,455,703) ($66,455,703) ($66,455,703) ($39,331,790) ($39,331,790) ($39,331,790) ($105,787,493) ($105,787,493) ($105,787,493)

74.9 Reduce funds to reflect savings from CMO contract negotiations.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($8,000,000) ($13,516,945) ($21,516,945)

($16,000,000) ($27,360,434) ($43,360,434)

74.10 Transfer remaining quality assessment fees for the Low-Income Medicaid program from the Indigent Care Trust Fund.

FRIDAY, APRIL 20, 2007

4441

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$145,500,635 $233,703,521 $379,204,156

$145,500,635 $233,703,521 $379,204,156

74.98 Transfer all funds and activities from the Medicaid: Aged, Blind and Disabled, Low-Income Medicaid, and Nursing Home Provider Fees programs, and the projected quality assessment fees from the Indigent Care Trust Fund to create a new Medicaid program. (G:YES)(H:YES)(S and CC:NO)

State General Funds Tobacco Settlement Funds Medical Assistance Program CFDA93.778 Reserved Fund Balances Not Itemized Hospital Authorities Optional Medicaid Services Payments TOTAL PUBLIC FUNDS

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

74.0Medicaid: Low-Income Medicaid

Appropriation (HB 95)

The purpose of this appropriation is to provide healthcare access primarily to low-income individuals.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Hospital Authorities
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments
TOTAL PUBLIC FUNDS

$844,504,553 $793,530,897 $50,973,656 $1,657,897,048 $1,657,897,048 $131,486,384 $119,158,068 $119,158,068 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $2,647,304,832

$839,042,953 $788,069,297 $50,973,656 $1,596,093,470 $1,596,093,470 $92,154,594 $79,826,278 $79,826,278 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $2,540,707,864

$989,795,155 $938,821,499 $50,973,656 $1,838,670,133 $1,838,670,133 $92,154,594 $79,826,278 $79,826,278 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $2,934,036,729

$981,795,155 $930,821,499 $50,973,656 $1,824,826,644 $1,824,826,644 $92,154,594 $79,826,278 $79,826,278 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $2,912,193,240

Nursing Home Provider Fees

Continuation Budget

4442

JOURNAL OF THE HOUSE

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 State General Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS

$99,287,176 $99,287,176 $159,475,336 $159,475,336 $258,762,512

$99,287,176 $99,287,176 $159,475,336 $159,475,336 $258,762,512

$99,287,176 $99,287,176 $159,475,336 $159,475,336 $258,762,512

$99,287,176 $99,287,176 $159,475,336 $159,475,336 $258,762,512

75.1 Increase funds to reflect a change in the nursing home provider fee from $9.15 per bed day to $12.21 per bed day.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$21,518,782 $36,358,523 $57,877,305

$21,518,782 $36,358,523 $57,877,305

$21,518,782 $36,358,523 $57,877,305

$21,518,782 $36,358,523 $57,877,305

75.2 Increase funds to reflect changes in Federal Funds Participation (FFP) rate for Medicaid.

Medical Assistance Program CFDA93.778

$8,282,071

$8,282,071

$8,282,071

$8,282,071

75.98 Transfer all funds and activities from the Medicaid: Aged, Blind and Disabled, Low-Income Medicaid, and Nursing Home Provider Fees programs, and the projected quality assessment fees from the Indigent Care Trust Fund to create a new Medicaid program. (G:YES)(H:YES)(S and CC:NO)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

75.0Nursing Home Provider Fees

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS

$120,805,958 $120,805,958 $204,115,930 $204,115,930 $324,921,888

$120,805,958 $120,805,958 $204,115,930 $204,115,930 $324,921,888

$120,805,958 $120,805,958 $204,115,930 $204,115,930 $324,921,888

$120,805,958 $120,805,958 $204,115,930 $204,115,930 $324,921,888

FRIDAY, APRIL 20, 2007

4443

PeachCare

Continuation Budget

The purpose of this appropriation is to improve access to healthcare for qualified low-income families.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS State Children's Insurance Program CFDA93.767
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments
TOTAL PUBLIC FUNDS

$67,159,673 $62,188,968 $4,970,705 $241,751,161 $241,751,161 $20,838,469 $20,838,469 $20,838,469
$466,735 $466,735 $466,735 $330,216,038

$67,159,673 $62,188,968 $4,970,705 $241,751,161 $241,751,161 $20,838,469 $20,838,469 $20,838,469
$466,735 $466,735 $466,735 $330,216,038

$67,159,673 $62,188,968 $4,970,705 $241,751,161 $241,751,161 $20,838,469 $20,838,469 $20,838,469
$466,735 $466,735 $466,735 $330,216,038

$67,159,673 $62,188,968 $4,970,705 $241,751,161 $241,751,161 $20,838,469 $20,838,469 $20,838,469
$466,735 $466,735 $466,735 $330,216,038

76.1 Replace funds.

State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS

$4,970,705 ($4,970,705)
$0

$4,970,705 ($4,970,705)
$0

$4,970,705 ($4,970,705)
$0

$4,970,705 ($4,970,705)
$0

76.2 Increase funds to reflect projected Care Management Organization (CMO) quality assessment fees ($86,268,722 total funds) in the new PeachCare program. (G:YES)(H:YES)(S and CC:NO; Transfer $86,268,722 in total funds from the Indigent Care Trust Fund to reflect projected quality assessment fees for the PeachCare program)

State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS

$0

$0 $22,403,987 $22,403,987

$0

$0 $63,864,735 $63,864,735

$0

$0 $86,268,722 $86,268,722

76.3 Reduce funds to reflect CMO administrative rate adjustments.

State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS

($8,214,959)

($8,214,959) ($23,588,986) ($31,803,945)

($8,214,959) ($23,588,986) ($31,803,945)

($8,214,959) ($23,588,986) ($31,803,945)

76.4 Reduce transfers from the Department of Human Resources.

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JOURNAL OF THE HOUSE

State Children's Insurance Program CFDA93.767 Optional Medicaid Services Payments TOTAL PUBLIC FUNDS

($860,681) ($314,952) ($1,175,633)

($860,681) ($314,952) ($1,175,633)

($860,681) ($314,952) ($1,175,633)

($860,681) ($314,952) ($1,175,633)

76.5 Reduce prior year funds previously available for PeachCare benefits.

State Children's Insurance Program CFDA93.767 Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS

($56,946,036) ($20,838,469) ($77,784,505)

($56,946,036) ($20,838,469) ($77,784,505)

($56,946,036) ($20,838,469) ($77,784,505)

($56,946,036) ($20,838,469) ($77,784,505)

76.6 Increase funds to reflect changes in Federal Funds Participation (FFP) rate for Peachcare.

State Children's Insurance Program CFDA93.767

$8,940,612

$8,940,612

$8,940,612

$8,940,612

76.98 Transfer all funds and activities from the PeachCare program and projected quality assessment fees from PeachCare to create a new "PeachCare" program. (G:YES)(H:YES)(S and CC:NO)

State General Funds Tobacco Settlement Funds State Children's Insurance Program CFDA93.767 Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

76.99 The purpose of this appropriation is to improve healthcare access primarily to elderly and disabled individuals; provided however, that from within the State General Fund appropriations of $1,146,910,010 immediately below, the amount of $70,000,000 is appropriated for this purposes of the Aged, Blind and Disabled Medicaid and PeachCare programs. The department may only exercise this flexibility during the first quarter of state fiscal year 2008 and any funds transferred from the Aged, Blind and Disabled program to the PeachCare program must be returned to the Aged, Blind and Disabled program by October 30,2007.

State General Funds

$0

76.0 PeachCare

Appropriation (HB 95)

The purpose of this appropriation is to improve access to healthcare for qualified low-income families.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS State Children's Insurance Program CFDA93.767
TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$58,944,714 $58,944,714 $192,885,056 $192,885,056
$151,783

$58,944,714 $58,944,714 $169,296,070 $169,296,070
$151,783

$81,348,701 $81,348,701 $233,160,805 $233,160,805
$151,783

$81,348,701 $81,348,701 $233,160,805 $233,160,805
$151,783

FRIDAY, APRIL 20, 2007

4445

State Funds Transfers Optional Medicaid Services Payments
TOTAL PUBLIC FUNDS

$151,783 $151,783 $251,981,553

$151,783 $151,783 $228,392,567

$151,783 $151,783 $314,661,289

$151,783 $151,783 $314,661,289

State Health Benefit Plan

Continuation Budget

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' health benefit plan for Fiscal Year 2008 shall not exceed 18.534% and for the state

employees' health benefit plan for Fiscal Year 2008 shall not exceed 22.843%.

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments
TOTAL PUBLIC FUNDS

$0 $0 $2,411,434,062 $2,411,434,062 $2,411,434,062 $2,411,434,062

$0 $0 $2,411,434,062 $2,411,434,062 $2,411,434,062 $2,411,434,062

$0 $0 $2,411,434,062 $2,411,434,062 $2,411,434,062 $2,411,434,062

$0 $0 $2,411,434,062 $2,411,434,062 $2,411,434,062 $2,411,434,062

77.1 Increase funds to reflect appropriated employer contributions for State Health Benefit Plan (SHBP) payments ($176,102,603) and other post-employment benefits (OPEB) for state employees ($100,000,000).

Health Insurance Payments

$276,102,603 $276,102,603 $276,102,603 $276,102,603

77.2 Reduce funds from operations.

Health Insurance Payments

($161,234)

($161,234)

($161,234)

($161,234)

77.99 CC: 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. The employer contribution rate for the teachers' health benefit plan shall not exceed 18.534% and for the state employees' health benefit plan it shall not exceed 22.843%. Senate: 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. The employer contribution rate for the teachers' health benefit plan shall not exceed 18.534% and for the state employees' health benefit plan it shall not exceed 22.843%. House: 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' health benefit plan for Fiscal Year 2008 shall not

4446

JOURNAL OF THE HOUSE

exceed 18.534% and for the state employees' health benefit plan for Fiscal Year 2008 shall not exceed 22.843%.

State General Funds

$0

$0

$0

77.0State Health Benefit Plan

Appropriation (HB 95)

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. The employer contribution rate for the teachers' health benefit plan shall not exceed 18.534% and for the state employees' health benefit plan it shall not exceed 22.843%.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments
TOTAL PUBLIC FUNDS

$2,687,375,431 $2,687,375,431 $2,687,375,431 $2,687,375,431

$2,687,375,431 $2,687,375,431 $2,687,375,431 $2,687,375,431

$2,687,375,431 $2,687,375,431 $2,687,375,431 $2,687,375,431

$2,687,375,431 $2,687,375,431 $2,687,375,431 $2,687,375,431

Composite Board of Medical Examiners

Continuation Budget

The purpose of this appropriation is to protect the public's health by ensuring healthcare practioners are qualified to practice in the

State of Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,202,555 $2,202,555 $2,202,555

$2,202,555 $2,202,555 $2,202,555

$2,202,555 $2,202,555 $2,202,555

$2,202,555 $2,202,555 $2,202,555

78.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$15,010

$15,010

$15,010

$15,010

78.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$31,690

$31,690

$31,690

$31,690

78.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$81,345

$81,345

$81,345

$81,345

78.4 Increase funds for one position to review nurse practitioner protocol agreements.

State General Funds

$36,131

$0

$36,131

$36,131

78.0Composite Board of Medical Examiners

Appropriation (HB 95)

FRIDAY, APRIL 20, 2007

4447

The purpose of this appropriation is to protect the public's health by ensuring healthcare practioners are qualified to practice in the State of Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,366,731 $2,366,731 $2,366,731

$2,330,600 $2,330,600 $2,330,600

$2,366,731 $2,366,731 $2,366,731

$2,366,731 $2,366,731 $2,366,731

Physician Workforce, Georgia Board of: Board Administration

Continuation Budget

The purpose of this appropriation is to provide administrative support to all agency programs.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$559,455 $559,455 $559,455

$559,455 $559,455 $559,455

$559,455 $559,455 $559,455

$559,455 $559,455 $559,455

79.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$5,976

$5,976

$5,976

$5,976

79.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$7,407

$7,407

$7,407

$7,407

79.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$19,012

$19,012

$19,012

$19,012

79.0Physician Workforce, Georgia Board of: Board Administration

Appropriation (HB 95)

The purpose of this appropriation is to provide administrative support to all agency programs.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$591,850 $591,850 $591,850

$591,850 $591,850 $591,850

$591,850 $591,850 $591,850

$591,850 $591,850 $591,850

Physician Workforce, Georgia Board of: Graduate Medical Education

Continuation Budget

The purpose of this appropriation is to address the physician workforce needs of Georgia communities through the support and

development of medical education programs.

4448

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$6,712,223 $6,712,223 $6,712,223

$6,712,223 $6,712,223 $6,712,223

$6,712,223 $6,712,223 $6,712,223

$6,712,223 $6,712,223 $6,712,223

80.1 Increase funds to develop a primary health care residency program in the Athens area partnering with Athens and Gainesville hospitals.

State General Funds

$1,000,000

$0

$500,000

80.0Physician Workforce, Georgia Board of: Graduate Medical Education

Appropriation (HB 95)

The purpose of this appropriation is to address the physician workforce needs of Georgia communities through the support and development of medical education programs.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$6,712,223 $6,712,223 $6,712,223

$7,712,223 $7,712,223 $7,712,223

$6,712,223 $6,712,223 $6,712,223

$7,212,223 $7,212,223 $7,212,223

Physician Workforce, Georgia Board of: Mercer School of Medicine Grant

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$19,060,862 $19,060,862 $19,060,862

$19,060,862 $19,060,862 $19,060,862

$19,060,862 $19,060,862 $19,060,862

$19,060,862 $19,060,862 $19,060,862

81.1 Increase funds to expand Mercer's existing medical school program in Savannah. State General Funds

$5,500,000

$5,500,000

$5,500,000

81.0Physician Workforce, Georgia Board of: Mercer School of Medicine Grant

Appropriation (HB 95)

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.

FRIDAY, APRIL 20, 2007

4449

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$19,060,862 $19,060,862 $19,060,862

$24,560,862 $24,560,862 $24,560,862

$24,560,862 $24,560,862 $24,560,862

$24,560,862 $24,560,862 $24,560,862

Physician Workforce, Georgia Board of: Morehouse School of Medicine Grant

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$10,547,293 $10,547,293 $10,547,293

$10,547,293 $10,547,293 $10,547,293

$10,547,293 $10,547,293 $10,547,293

$10,547,293 $10,547,293 $10,547,293

82.1 Increase funds to the Morehouse School of Medicine Operating Grant. State General Funds

$600,000

$800,000

$700,000

82.0Physician Workforce, Georgia Board of: Morehouse School of Medicine Grant

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$10,547,293 $10,547,293 $10,547,293

$11,147,293 $11,147,293 $11,147,293

$11,347,293 $11,347,293 $11,347,293

$11,247,293 $11,247,293 $11,247,293

Physician Workforce, Georgia Board of: Undergraduate Medical Education

Continuation Budget

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.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,538,484 $3,538,484 $3,538,484

$3,538,484 $3,538,484 $3,538,484

$3,538,484 $3,538,484 $3,538,484

$3,538,484 $3,538,484 $3,538,484

83.0Physician Workforce, Georgia Board of: Undergraduate Medical Education

Appropriation (HB 95)

4450

JOURNAL OF THE HOUSE

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.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,538,484 $3,538,484 $3,538,484

$3,538,484 $3,538,484 $3,538,484

$3,538,484 $3,538,484 $3,538,484

$3,538,484 $3,538,484 $3,538,484

Medical Education Board, State

Continuation Budget

The purpose of this appropriation is to ensure an adequate supply of physicians 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 State General Funds
TOTAL PUBLIC FUNDS

$1,412,716 $1,412,716 $1,412,716

$1,412,716 $1,412,716 $1,412,716

$1,412,716 $1,412,716 $1,412,716

$1,412,716 $1,412,716 $1,412,716

84.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$2,086

$2,086

$2,086

$2,086

84.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$3,534

$3,534

$3,534

$3,534

84.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$9,073

$9,073

$9,073

$9,073

84.0Medical Education Board, State

Appropriation (HB 95)

The purpose of this appropriation is to ensure an adequate supply of physicians 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 State General Funds
TOTAL PUBLIC FUNDS

$1,427,409 $1,427,409 $1,427,409

$1,427,409 $1,427,409 $1,427,409

$1,427,409 $1,427,409 $1,427,409

$1,427,409 $1,427,409 $1,427,409

Section 18: Corrections, Department of

Section Total - Continuation

FRIDAY, APRIL 20, 2007

4451

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Reserved Fund Balances Royalties and Rents Sales and Services
TOTAL PUBLIC FUNDS

$997,756,694 $997,756,694
$6,124,479 $6,124,479 $20,965,509
$53,716 $3,406,391 $17,505,402 $1,024,846,682

$997,756,694 $997,756,694
$6,124,479 $6,124,479 $20,965,509
$53,716 $3,406,391 $17,505,402 $1,024,846,682

$997,756,694 $997,756,694
$6,124,479 $6,124,479 $20,965,509
$53,716 $3,406,391 $17,505,402 $1,024,846,682

$997,756,694 $997,756,694
$6,124,479 $6,124,479 $20,965,509
$53,716 $3,406,391 $17,505,402 $1,024,846,682

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Reserved Fund Balances Royalties and Rents Sales and Services
TOTAL PUBLIC FUNDS

Section Total - Final

$1,103,018,002 $1,103,018,002
$3,111,139 $3,111,139 $20,965,509
$53,716 $3,406,391 $17,505,402 $1,127,094,650

$1,097,968,814 $1,097,968,814
$3,111,139 $3,111,139 $20,965,509
$53,716 $3,406,391 $17,505,402 $1,122,045,462

$1,099,101,017 $1,099,101,017
$3,111,139 $3,111,139 $20,965,509
$53,716 $3,406,391 $17,505,402 $1,123,177,665

$1,100,549,710 $1,100,549,710
$3,111,139 $3,111,139 $20,965,509
$53,716 $3,406,391 $17,505,402 $1,124,626,358

Bainbridge Probation Substance Abuse Treatment Center

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$4,718,684 $4,718,684
$20,743 $20,743 $7,046 $7,046 $7,046 $4,746,473

$4,718,684 $4,718,684
$20,743 $20,743 $7,046 $7,046 $7,046 $4,746,473

$4,718,684 $4,718,684
$20,743 $20,743 $7,046 $7,046 $7,046 $4,746,473

$4,718,684 $4,718,684
$20,743 $20,743 $7,046 $7,046 $7,046 $4,746,473

4452

JOURNAL OF THE HOUSE

85.1 Annualize the cost of the FY07 salary adjustment ($30,549) and the 3% salary adjustment for law enforcement personnel ($28,339).

State General Funds

$58,888

$58,888

$58,888

$58,888

85.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (S and CC:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$47,567

$47,567

$47,567

$47,567

85.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$113,665

$113,665

$113,665

$113,665

85.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$28,437

$28,437

$28,437

$28,437

85.5 Increase funds for utility costs.

State General Funds

$76,329

$76,329

$76,329

$76,329

85.6 Increase funds for facility operating costs associated with the 192 bed addition at the Bainbridge Probation Substance Abuse Treatment Center (PSATC).

State General Funds

$2,460,033

$2,460,033

$2,460,033

$2,460,033

85.7 Reduce funds associated with one-time startup costs at Bainbridge PSATC received in HB1027 (FY07).

State General Funds

($1,244,397) ($1,244,397) ($1,244,397) ($1,244,397)

85.8 Reduce funds by one-half of one percent to reflect operational efficiencies.

State General Funds

($23,593)

($23,593)

($23,593)

85.0Bainbridge Probation Substance Abuse Treatment Center

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized

$6,259,206 $6,259,206
$20,743 $20,743

$6,235,613 $6,235,613
$20,743 $20,743

$6,235,613 $6,235,613
$20,743 $20,743

$6,235,613 $6,235,613
$20,743 $20,743

FRIDAY, APRIL 20, 2007

4453

TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$7,046 $7,046 $7,046 $6,286,995

$7,046 $7,046 $7,046 $6,263,402

$7,046 $7,046 $7,046 $6,263,402

$7,046 $7,046 $7,046 $6,263,402

County Jail Subsidy

Continuation Budget

The purpose of this appropriation is to reimburse counties for the costs of incarcerating state prisoners in their local facilities.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$4,798,492 $4,798,492 $4,798,492

$4,798,492 $4,798,492 $4,798,492

$4,798,492 $4,798,492 $4,798,492

$4,798,492 $4,798,492 $4,798,492

86.1 Reduce funds by one-half of one percent to reflect operational efficiencies. State General Funds 86.2 Increase reimbursements to counties from $20 a day to $30 a day. (CC:$25 per day) State General Funds

($23,992)

($23,992) $2,844,448

($23,992) $1,422,224

86.0County Jail Subsidy

Appropriation (HB 95)

The purpose of this appropriation is to reimburse counties for the costs of incarcerating state prisoners in their local facilities.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$4,798,492 $4,798,492 $4,798,492

$4,774,500 $4,774,500 $4,774,500

$7,618,948 $7,618,948 $7,618,948

$6,196,724 $6,196,724 $6,196,724

Departmental Administration

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$53,742,000 $53,742,000 $1,836,000 $1,836,000 $55,578,000

$53,742,000 $53,742,000 $1,836,000 $1,836,000 $55,578,000

$53,742,000 $53,742,000 $1,836,000 $1,836,000 $55,578,000

$53,742,000 $53,742,000 $1,836,000 $1,836,000 $55,578,000

87.1 Annualize the cost of the FY07 salary adjustment.

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JOURNAL OF THE HOUSE

State General Funds

$444,366

$444,366

$444,366

$444,366

87.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S and CC:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$358,937

$358,937

$358,937

$358,937

87.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$908,612

$908,612

$908,612

$908,612

87.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$214,584

$214,584

$214,584

$214,584

87.5 Increase funds for a Georgia Building Authority (GBA) rate change. (S and CC:NO to GBA rate increase for utilities)

State General Funds

$60,405

$0

$26,012

$26,012

87.6 Increase funds for utility costs.

State General Funds

$79,832

$0

$0

$0

87.7 Increase funds for administrative overhead costs associated with the 160 bed Pelham Pre-Release Center.

State General Funds

$3,063

$3,063

$3,063

$3,063

87.8 Increase funds for administrative overhead costs associated with the 192 bed addition at the Bainbridge Probation Substance Abuse Treatment Center (PSATC).

State General Funds

$3,804

$3,804

$3,804

$3,804

87.9 Increase funds for administrative overhead costs associated with the 192 bed expansion at Calhoun State Prison.

State General Funds

$2,502

$2,502

$2,502

$2,502

87.10 Increase funds for administrative overhead costs associated with the 525 bed expansion at Johnson State Prison.

State General Funds

$6,036

$6,036

$6,036

$6,036

87.11 Increase funds for administrative overhead costs associated with the fast track expansions at Wilcox State Prison (192 beds $1,560), Macon State Prison (256 beds - $2,554), Dooly State Prison (256 beds - $2,270), Smith State Prison (256 beds $2,270) and Valdosta State Prison (256 beds - $1,986).

State General Funds

$10,640

$10,640

$10,640

$10,640

87.12 Utilize existing funds to enhance correctional officer and probation officer training by relocating the Corrections Academy to the Tift College campus. (G:YES)(H:YES)(S and CC:Approval not required by the General Assembly)

FRIDAY, APRIL 20, 2007

4455

State General Funds

$0

$0

$0

$0

87.13 Reduce funds for one-time purchases of a generator at Wilcox State Prison ($48,000) and ballistic vests ($199,000) for probation and surveillance officers.

State General Funds

($247,000)

($247,000)

($247,000)

($247,000)

87.14 Utilize existing funds to fill three vacant information technology positions to insure the integrity of the inmate research file. (G:YES)(H:YES)(S and CC:Approval not required by the General Assembly)

State General Funds

$0

$0

$0

$0

87.15 Reduce funds by one-half of one percent to reflect operational efficiencies.

State General Funds

($268,710)

($268,710)

($268,710)

87.0Departmental Administration

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$55,587,781 $55,587,781 $1,836,000 $1,836,000 $57,423,781

$55,178,834 $55,178,834 $1,836,000 $1,836,000 $57,014,834

$55,204,846 $55,204,846 $1,836,000 $1,836,000 $57,040,846

$55,204,846 $55,204,846 $1,836,000 $1,836,000 $57,040,846

Detention Centers

Continuation Budget

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 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 PUBLIC FUNDS

$41,990,897 $41,990,897 $1,063,318 $1,063,318 $1,190,115
$53,716 $53,716 $1,136,399 $1,136,399 $44,244,330

$41,990,897 $41,990,897 $1,063,318 $1,063,318 $1,190,115
$53,716 $53,716 $1,136,399 $1,136,399 $44,244,330

$41,990,897 $41,990,897 $1,063,318 $1,063,318 $1,190,115
$53,716 $53,716 $1,136,399 $1,136,399 $44,244,330

$41,990,897 $41,990,897 $1,063,318 $1,063,318 $1,190,115
$53,716 $53,716 $1,136,399 $1,136,399 $44,244,330

4456

JOURNAL OF THE HOUSE

88.1 Annualize the cost of the FY07 salary adjustment ($507,875) and the FY07 3% salary adjustment for law enforcement personnel ($367,023).

State General Funds

$874,898

$874,898

$874,898

$874,898

88.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (S and CC:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$706,700

$706,700

$706,700

$706,700

88.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$1,688,722

$1,688,722

$1,688,722

$1,688,722

88.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$422,488

$422,488

$422,488

$422,488

88.5 Increase funds for utility costs.

State General Funds

$607,022

$607,022

$607,022

$607,022

88.6 Reduce funds associated with startup costs at the Appling Probation Detention Center.

Federal Funds Not Itemized

($936,178)

($936,178)

($936,178)

($936,178)

88.7 Reduce funds by one-half of one percent to reflect operational efficiencies.

State General Funds

($209,955)

($209,955)

($209,955)

88.0Detention Centers

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized

$46,290,727 $46,290,727
$127,140 $127,140 $1,190,115
$53,716 $53,716

$46,080,772 $46,080,772
$127,140 $127,140 $1,190,115
$53,716 $53,716

$46,080,772 $46,080,772
$127,140 $127,140 $1,190,115
$53,716 $53,716

$46,080,772 $46,080,772
$127,140 $127,140 $1,190,115
$53,716 $53,716

FRIDAY, APRIL 20, 2007

4457

Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,136,399 $1,136,399 $47,607,982

$1,136,399 $1,136,399 $47,398,027

$1,136,399 $1,136,399 $47,398,027

$1,136,399 $1,136,399 $47,398,027

Food and Farm Operations

Continuation Budget

The purpose of this appropriation is to raise crops and livestock, and produce dairy items used in preparing meals for offenders.

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

$12,592,844 $12,592,844
$22,000 $22,000 $45,000 $45,000 $45,000 $12,659,844

$12,592,844 $12,592,844
$22,000 $22,000 $45,000 $45,000 $45,000 $12,659,844

$12,592,844 $12,592,844
$22,000 $22,000 $45,000 $45,000 $45,000 $12,659,844

$12,592,844 $12,592,844
$22,000 $22,000 $45,000 $45,000 $45,000 $12,659,844

89.1 Annualize the cost of the FY07 salary adjustment ($65,256) and the 3% salary adjustment for law enforcement personnel ($9,379).

State General Funds

$74,635

$74,635

$74,635

$74,635

89.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S and CC:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07)

State General Funds

$60,287

$60,287

$60,287

$60,287

89.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$144,060

$144,060

$144,060

$144,060

89.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$36,041

$36,041

$36,041

$36,041

89.5 Increase funds for utility costs.

State General Funds

$15,835

$15,835

$15,835

$15,835

89.6 Increase funds for food and farm operating costs associated with the 160 bed Pelham Pre-Release Center.

State General Funds

$31,536

$31,536

$31,536

$31,536

4458

JOURNAL OF THE HOUSE

89.7 Increase funds for food and farm operating costs associated with the 192 bed addition at the Bainbridge Probation Substance Abuse Treatment Center (PSATC).

State General Funds

$37,843

$37,843

$37,843

$37,843

89.8 Increase funds for food and farm operating costs associated with the 192 bed expansion at Calhoun State Prison.

State General Funds

$41,405

$41,405

$41,405

$41,405

89.9 Increase funds for food and farm operating costs associated with the 525 bed expansion at Johnson State Prison.

State General Funds

$99,916

$99,916

$99,916

$99,916

89.10 Increase funds for food and farm operating costs associated with the fast track bed expansions at Wilcox State Prison (192 beds - $28,253), Macon State Prison (256 beds - $50,285), Dooly State Prison (256 beds - $46,080), Smith State Prison (256 beds - $46,080) and Valdosta State Prison (256 beds - $41,876).

State General Funds

$212,574

$212,574

$212,574

$212,574

89.11 Increase funds for food and farm startup costs associated with the opening of the 100 bed Valdosta Transitional Center and utilize funds from the closure of the Savannah Transitional Center to fund food and farm operating costs. [One-Time Change]

State General Funds

$4,680

$4,680

$4,680

$4,680

89.12 Reduce funds by one-half of one percent to reflect operational efficiencies.

State General Funds

($62,964)

($62,964)

($62,964)

89.0Food and Farm Operations

Appropriation (HB 95)

The purpose of this appropriation is to raise crops and livestock, and produce dairy items used in preparing meals for offenders.

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

$13,351,656 $13,351,656
$22,000 $22,000 $45,000 $45,000 $45,000 $13,418,656

$13,288,692 $13,288,692
$22,000 $22,000 $45,000 $45,000 $45,000 $13,355,692

$13,288,692 $13,288,692
$22,000 $22,000 $45,000 $45,000 $45,000 $13,355,692

$13,288,692 $13,288,692
$22,000 $22,000 $45,000 $45,000 $45,000 $13,355,692

Health

Continuation Budget

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.

FRIDAY, APRIL 20, 2007

4459

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$176,024,038 $176,024,038
$8,464,209 $8,464,209 $8,464,209 $184,488,247

$176,024,038 $176,024,038
$8,464,209 $8,464,209 $8,464,209 $184,488,247

$176,024,038 $176,024,038
$8,464,209 $8,464,209 $8,464,209 $184,488,247

$176,024,038 $176,024,038
$8,464,209 $8,464,209 $8,464,209 $184,488,247

90.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$183,267

$183,267

$183,267

$183,267

90.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S and CC:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$148,034

$148,034

$148,034

$148,034

90.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$353,741

$353,741

$353,741

$353,741

90.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$88,500

$88,500

$88,500

$88,500

90.5 Increase funds for inmate healthcare costs associated with the 160 bed Pelham Pre-Release Center.

State General Funds

$759,984

$759,984

$759,984

$759,984

90.6 Increase funds for inmate healthcare costs associated with the 192 bed addition at the Bainbridge Probation Substance Abuse Treatment Center (PSATC).

State General Funds

$1,061,341

$1,061,341

$1,061,341

$1,061,341

90.7 Increase funds for inmate healthcare costs associated with the 192 bed expansion at Calhoun State Prison.

State General Funds

$997,810

$997,810

$997,810

$997,810

90.8 Increase funds for inmate healthcare costs associated with the 525 bed expansion at Johnson State Prison.

State General Funds

$2,407,847

$2,407,847

$2,407,847

$2,407,847

90.9 Reduce funds associated with one-time costs for startup projects at Bainbridge PSATC, Calhoun State Prison and Johnson State Prison received in HB1027 (FY07).

State General Funds

($1,440,160) ($1,440,160) ($1,440,160) ($1,440,160)

4460

JOURNAL OF THE HOUSE

90.10 Increase funds for inmate healthcare costs associated with the fast track expansions at Wilcox State Prison (192 beds $468,535), Macon State Prison (256 beds - $924,506), Dooly State Prison (256 beds - $823,176), Smith State Prison (256 beds - $823,176) and Valdosta State Prison (256 beds - $721,847).

State General Funds

$3,761,240

$3,761,240

$3,761,240

$3,761,240

90.11 Increase funds for inmate healthcare startup costs for the opening of the 100 bed Valdosta Transition Center (TC) and utilize existing funds received from the closing of Savannah TC to fund healthcare operating costs. [One-Time Change]

State General Funds

$5,500

$5,500

$5,500

$5,500

90.12 Increase funds for a 4% Consumer Price Index (CPI) adjustment in the health services purchases for inmate physical healthcare. (S:3% CPI)(CC:3.5% CPI)

State General Funds

$5,920,000

$5,920,000

$4,400,000

$5,400,000

90.13 Increase funds for the health services purchases contract for physical healthcare due to increased catastrophic healthcare claims.

State General Funds

$5,200,000

$5,200,000

$5,200,000

$5,200,000

90.14 Increase funds for the health services purchases contract for dental care to move towards industry recognized ratios of one dentist for every 1,200 inmates.

State General Funds

$597,418

$597,418

$597,418

$597,418

90.15 Increase funds for the health services purchases contract for inmate mental healthcare for supervision and a licensure plan for unlicensed counselors to bring the Department into legal compliance within three years.

State General Funds

$469,185

$469,185

$469,185

$469,185

90.16 Reduce funds by one-half of one percent to reflect operational efficiencies.

State General Funds

($880,120)

($880,120)

($880,120)

90.0 Health

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services

$196,537,745 $196,537,745
$8,464,209 $8,464,209

$195,657,625 $195,657,625
$8,464,209 $8,464,209

$194,137,625 $194,137,625
$8,464,209 $8,464,209

$195,137,625 $195,137,625
$8,464,209 $8,464,209

FRIDAY, APRIL 20, 2007

4461

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$8,464,209

$8,464,209

$8,464,209

$8,464,209

$205,001,954 $204,121,834 $202,601,834 $203,601,834

Offender Management

Continuation Budget

The purpose of this appropriation is to provide cost effective correctional services that ensures public safety.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$44,243,248 $44,243,248 $44,243,248

$44,243,248 $44,243,248 $44,243,248

$44,243,248 $44,243,248 $44,243,248

$44,243,248 $44,243,248 $44,243,248

91.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$47,709

$47,709

$47,709

$47,709

91.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S and CC:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$38,537

$38,537

$38,537

$38,537

91.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$92,088

$92,088

$92,088

$92,088

91.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$23,039

$23,039

$23,039

$23,039

91.5 Increase funds for utility costs.

State General Funds

$1,584

$1,584

$1,584

$1,584

91.6 Reduce funds by one-half of one percent to reflect operational efficiencies.

State General Funds

($221,216)

($221,216)

($221,216)

91.7 Increase funds to expand County Correctional Institutions (CCI) to house state inmates in rural Georgia. [One-Time Change]

State General Funds

$500,000

$500,000

91.0Offender Management

Appropriation (HB 95)

The purpose of this appropriation is to provide cost effective correctional services that ensures public safety.

4462

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$44,446,205 $44,446,205 $44,446,205

Parole Revocation Centers The purpose of this appropriation is to provide a sanction for parole violations.

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

$4,016,133 $4,016,133
$10,510 $10,510 $49,138 $49,138 $49,138 $4,075,781

$44,224,989 $44,224,989 $44,224,989

$44,724,989 $44,724,989 $44,724,989

Continuation Budget

$4,016,133 $4,016,133
$10,510 $10,510 $49,138 $49,138 $49,138 $4,075,781

$4,016,133 $4,016,133
$10,510 $10,510 $49,138 $49,138 $49,138 $4,075,781

$44,724,989 $44,724,989 $44,724,989
$4,016,133 $4,016,133
$10,510 $10,510 $49,138 $49,138 $49,138 $4,075,781

92.1 Annualize the cost of the FY07 salary adjustment ($44,704) and the 3% salary adjustment for law enforcement personnel ($39,875).

State General Funds

$84,579

$84,579

$84,579

$84,579

92.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (S and CC:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$68,319

$68,319

$68,319

$68,319

92.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$163,254

$163,254

$163,254

$163,254

92.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$40,843

$40,843

$40,843

$40,843

92.5 Increase funds for utility costs.

State General Funds

$52,890

$52,890

$52,890

$52,890

92.6 Reduce funds by one-half of one percent to reflect operational efficiencies.

FRIDAY, APRIL 20, 2007

4463

State General Funds

92.0Parole Revocation Centers

The purpose of this appropriation is to provide a sanction for parole violations.

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

$4,426,018 $4,426,018
$10,510 $10,510 $49,138 $49,138 $49,138 $4,485,666

($20,081)

($20,081)

Appropriation (HB 95)

$4,405,937 $4,405,937
$10,510 $10,510 $49,138 $49,138 $49,138 $4,465,585

$4,405,937 $4,405,937
$10,510 $10,510 $49,138 $49,138 $49,138 $4,465,585

($20,081)
$4,405,937 $4,405,937
$10,510 $10,510 $49,138 $49,138 $49,138 $4,465,585

Private Prisons

Continuation Budget

The purpose of this appropriation is to provide cost effective correctional services that ensure public safety.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$76,785,722 $76,785,722 $76,785,722

$76,785,722 $76,785,722 $76,785,722

$76,785,722 $76,785,722 $76,785,722

$76,785,722 $76,785,722 $76,785,722

93.1 Increase funds for a 4% Consumer Price Index (CPI) adjustment for the state's three private prison contracts. (S and CC:Annualize the FY07 increase with no additional FY08 increase)
Sites: Coffee Correctional Facility Private Prison, D. Ray James Correctional Facility Private Prison, Wheeler Correctional Facility Private Prison

State General Funds

$3,138,310

$3,138,310

$3,138,310

$3,138,310

93.2 Increase funds to expand bed space at D. Ray James Private Prison by fifty contract beds.

State General Funds

$785,845

$785,845

$785,845

$785,845

93.3 Reduce funds by one-half of one percent to reflect operational efficiencies.

State General Funds

($383,929)

$0

$0

93.0Private Prisons

Appropriation (HB 95)

The purpose of this appropriation is to provide cost effective correctional services that ensure public safety.

4464

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$80,709,877 $80,709,877 $80,709,877

$80,325,948 $80,325,948 $80,325,948

$80,709,877 $80,709,877 $80,709,877

$80,709,877 $80,709,877 $80,709,877

Probation Diversion Centers

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$12,044,993 $12,044,993 $2,812,861 $2,751,287 $2,751,287
$61,574 $61,574 $14,857,854

$12,044,993 $12,044,993 $2,812,861 $2,751,287 $2,751,287
$61,574 $61,574 $14,857,854

$12,044,993 $12,044,993 $2,812,861 $2,751,287 $2,751,287
$61,574 $61,574 $14,857,854

$12,044,993 $12,044,993 $2,812,861 $2,751,287 $2,751,287
$61,574 $61,574 $14,857,854

94.1 Annualize the cost of the FY07 salary adjustment ($154,989) and the 3% salary adjustment for law enforcement personnel ($102,011).

State General Funds

$257,000

$257,000

$257,000

$257,000

94.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (S and CC:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$207,592

$207,592

$207,592

$207,592

94.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$496,059

$496,059

$496,059

$496,059

94.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$124,105

$124,105

$124,105

$124,105

94.5 Increase funds for utility costs.

State General Funds

$140,489

$220,321

$140,489

$140,489

FRIDAY, APRIL 20, 2007

4465

94.6 Reduce funds by one-half of one percent to reflect operational efficiencies. State General Funds

($60,225)

($60,225)

($60,225)

94.0Probation Diversion Centers

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$13,270,238 $13,270,238 $2,812,861 $2,751,287 $2,751,287
$61,574 $61,574 $16,083,099

$13,289,845 $13,289,845 $2,812,861 $2,751,287 $2,751,287
$61,574 $61,574 $16,102,706

$13,210,013 $13,210,013 $2,812,861 $2,751,287 $2,751,287
$61,574 $61,574 $16,022,874

$13,210,013 $13,210,013 $2,812,861 $2,751,287 $2,751,287
$61,574 $61,574 $16,022,874

Probation Supervision The purpose of this appropriation is to supervise probationers.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Continuation Budget

$73,542,460 $73,542,460 $73,542,460

$73,542,460 $73,542,460 $73,542,460

$73,542,460 $73,542,460 $73,542,460

$73,542,460 $73,542,460 $73,542,460

95.1 Annualize the cost of the FY07 salary adjustment ($871,984) and the 3% salary adjustment for law enforcement personnel ($896,923).

State General Funds

$1,768,907

$1,768,907

$1,768,907

$1,768,907

95.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S and CC:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$1,428,838

$1,428,838

$1,428,838

$1,428,838

95.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$3,414,334

$3,414,334

$3,414,334

$3,414,334

4466

JOURNAL OF THE HOUSE

95.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$854,205

$854,205

$854,205

$854,205

95.5 Increase funds for utility costs.

State General Funds

$93,164

$93,164

$93,164

$93,164

95.6 Transfer funds and thirty-one correctional officer positions to be converted to probation surveillance officers from the State Prisons program to comply with the requirements of HB1059 (2006 Session) "Sexual Predators Act".

State General Funds

$1,433,549

$1,433,549

$1,433,549

$1,433,549

95.7 Reduce funds by one-half of one percent to reflect operational efficiencies.

State General Funds

($367,712)

($367,712)

($367,712)

95.0Probation Supervision
The purpose of this appropriation is to supervise probationers. TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

Appropriation (HB 95)

$82,535,457 $82,535,457 $82,535,457

$82,167,745 $82,167,745 $82,167,745

$82,167,745 $82,167,745 $82,167,745

$82,167,745 $82,167,745 $82,167,745

State Prisons

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS 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

$469,322,035 $469,322,035
$3,171,908 $3,171,908 $8,397,140
$655,104 $655,104 $7,742,036 $7,742,036 $480,891,083

$469,322,035 $469,322,035
$3,171,908 $3,171,908 $8,397,140
$655,104 $655,104 $7,742,036 $7,742,036 $480,891,083

$469,322,035 $469,322,035
$3,171,908 $3,171,908 $8,397,140
$655,104 $655,104 $7,742,036 $7,742,036 $480,891,083

$469,322,035 $469,322,035
$3,171,908 $3,171,908 $8,397,140
$655,104 $655,104 $7,742,036 $7,742,036 $480,891,083

FRIDAY, APRIL 20, 2007

4467

96.1 Annualize the cost of the FY07 salary adjustment ($5,116,336) and the 3% salary adjustment for law enforcement personnel ($3,625,121).

State General Funds

$8,741,457

$8,741,457

$8,741,457

$8,741,457

96.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (S and CC:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$8,287,038

$8,287,038

$8,287,038

$8,287,038

96.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$17,905,877 $17,905,877 $17,905,877 $17,905,877

96.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$4,221,249

$4,221,249

$4,221,249

$4,221,249

96.5 Increase funds for utility costs.

State General Funds

$5,820,849

$5,820,849

$5,820,849

$5,820,849

96.6 Transfer funds and thirty-one correctional officer positions to be converted to probation surveillance officers to the Probation Supervision program to comply with the requirements of HB1059 (2006 Session) "Sexual Predators Act".

State General Funds

($1,433,549) ($1,433,549) ($1,433,549) ($1,433,549)

96.7 Increase funds for facility operating costs associated with the 160 bed Pelham Pre-Release Center.

State General Funds

$1,570,171

$1,570,171

$1,570,171

$1,570,171

96.8 Increase funds for facility operating costs associated with the 192 bed expansion at Calhoun State Prison.

State General Funds

$1,809,582

$1,809,582

$1,809,582

$1,809,582

96.9 Increase funds for facility operating costs associated with the 525 bed expansion at Johnson State Prison.

State General Funds

$4,366,758

$4,366,758

$4,366,758

$4,366,758

96.10 Reduce funds associated with one-time costs for startup projects at Calhoun State Prison and Johnson State Prison received in HB1027 (FY07).

State General Funds

($4,303,162) ($4,303,162) ($4,303,162) ($4,303,162)

4468

JOURNAL OF THE HOUSE

96.11 Increase funds for facility startup and operating costs associated with the fast track expansions at Wilcox State Prison (192 beds - $1,614,432), Macon State Prison (256 beds - $2,610,245), Dooly State Prison (256 beds - $2,416,447), Smith State Prison (256 beds - $2,416,447) and Valdosta State Prison (256 beds - $2,222,648).

State General Funds

$11,280,219 $11,280,219 $11,280,219 $11,280,219

96.12 Increase funds for substance abuse treatment at Inmate Boot Camps.
Sites: Hays State Prison

State General Funds

$720,000

$720,000

$720,000

$720,000

96.13 Reduce funds from the Residential Substance Abuse Treatment (RSAT) program at Scott, Johnson and Pulaski State Prisons due to a reduction in available funds.

Federal Funds Not Itemized

($700,000)

($700,000)

($700,000)

($700,000)

96.14 Reduce funds designated for startup costs at the Georgia Diagnostic and Classification Hi-Max State Prison (GDCP).

Federal Funds Not Itemized

($1,377,162) ($1,377,162) ($1,377,162) ($1,377,162)

96.15 Reduce funds by one-half of one percent to reflect operational efficiencies. (CC:Move ($1,870,917) from bonds)

State General Funds

($2,346,610) ($2,346,610)

($475,693)

96.16 Increase funds to purchase equipment for the inmate construction program. [One-Time Change]

State General Funds

$100,000

$100,000

96.95 Realize non-Georgia Building Authority lease savings through the renegotiation of rates to utilize funds ($108,515) for utility costs. (G:YES)(H:YES)

State General Funds

$0

$0

($108,515)

($108,515)

96.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($552,290) for utility costs. (G:YES)(H:YES)

State General Funds

$0

$0

($552,290)

($552,290)

96.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($461,549) for utility costs. (G:YES)(H:YES)

State General Funds

$0

$0

($461,549)

($461,549)

96.0State Prisons

Appropriation (HB 95)

The purpose of this appropriation is to house violent or repeat criminals, or nonviolent inmates who have exhausted all other forms of punishment.

FRIDAY, APRIL 20, 2007

4469

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS 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

$528,308,524 $528,308,524
$1,094,746 $1,094,746 $8,397,140
$655,104 $655,104 $7,742,036 $7,742,036 $537,800,410

$525,961,914 $525,961,914
$1,094,746 $1,094,746 $8,397,140
$655,104 $655,104 $7,742,036 $7,742,036 $535,453,800

$524,939,560 $524,939,560
$1,094,746 $1,094,746 $8,397,140
$655,104 $655,104 $7,742,036 $7,742,036 $534,431,446

$526,810,477 $526,810,477
$1,094,746 $1,094,746 $8,397,140
$655,104 $655,104 $7,742,036 $7,742,036 $536,302,363

Transitional Centers

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$23,935,148 $23,935,148 $23,935,148

$23,935,148 $23,935,148 $23,935,148

$23,935,148 $23,935,148 $23,935,148

$23,935,148 $23,935,148 $23,935,148

97.1 Annualize the cost of the FY07 salary adjustment ($223,931) and the 3% salary adjustment for law enforcement personnel ($212,721).

State General Funds

$436,652

$436,652

$436,652

$436,652

97.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (S and CC:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$352,706

$352,706

$352,706

$352,706

97.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$842,823

$842,823

$842,823

$842,823

97.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$210,859

$210,859

$210,859

$210,859

97.5 Increase funds for utility costs.

4470

JOURNAL OF THE HOUSE

State General Funds

$256,428

$256,428

$256,428

$256,428

97.6 Increase funds for facility startup costs associated with the opening of the 100 bed Valdosta Transition Center (TC) and utilize existing funds received from the closure of the Savannah TC for operating costs. [One-Time Change]

State General Funds

$461,460

$461,460

$461,460

$461,460

97.7 Reduce funds by one-half of one percent to reflect operational efficiencies.

State General Funds

($119,676)

($119,676)

($119,676)

97.0Transitional Centers

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$26,496,076 $26,496,076 $26,496,076

$26,376,400 $26,376,400 $26,376,400

$26,376,400 $26,376,400 $26,376,400

$26,376,400 $26,376,400 $26,376,400

Section 19: Defense, Department of

Section Total - Continuation

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

$8,815,464 $8,815,464 $36,692,112 $36,692,112
$844,374 $138,791
$59,889 $645,694 $46,351,950

$8,815,464 $8,815,464 $36,692,112 $36,692,112
$844,374 $138,791
$59,889 $645,694 $46,351,950

$8,815,464 $8,815,464 $36,692,112 $36,692,112
$844,374 $138,791
$59,889 $645,694 $46,351,950

$8,815,464 $8,815,464 $36,692,112 $36,692,112
$844,374 $138,791
$59,889 $645,694 $46,351,950

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized

$11,344,298 $11,344,298 $40,502,718 $40,502,718

Section Total - Final

$11,344,298 $11,344,298 $40,502,718 $40,502,718

$11,338,667 $11,338,667 $40,502,718 $40,502,718

$11,344,298 $11,344,298 $40,502,718 $40,502,718

FRIDAY, APRIL 20, 2007

4471

TOTAL AGENCY FUNDS Interest and Investment Income Royalties and Rents Sales and Services
TOTAL PUBLIC FUNDS

$849,709 $138,791
$59,889 $651,029 $52,696,725

$849,709 $138,791
$59,889 $651,029 $52,696,725

$849,709 $138,791
$59,889 $651,029 $52,691,094

Departmental Administration

Continuation Budget

The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$1,225,733 $1,225,733
$140,489 $140,489 $1,366,222

$1,225,733 $1,225,733
$140,489 $140,489 $1,366,222

$1,225,733 $1,225,733
$140,489 $140,489 $1,366,222

$849,709 $138,791
$59,889 $651,029 $52,696,725
$1,225,733 $1,225,733
$140,489 $140,489 $1,366,222

98.1 Annualize the cost of the FY07 salary adjustment.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$7,901 $16,612 $24,513

$7,901 $16,612 $24,513

$7,901 $16,612 $24,513

$7,901 $16,612 $24,513

98.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$12,900

$12,900

$12,900

$12,900

98.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$32,232

$32,232

$32,232

$32,232

98.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$25,282

$25,282

$25,282

$25,282

98.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($5,631) for the replacement of outdated computers. (G:YES)(H:YES)(CC:YES)

State General Funds

$0

$0

($5,631)

$0

98.0Departmental Administration

Appropriation (HB 95)

The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia.

4472

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$1,304,048 $1,304,048
$157,101 $157,101 $1,461,149

$1,304,048 $1,304,048
$157,101 $157,101 $1,461,149

$1,298,417 $1,298,417
$157,101 $157,101 $1,455,518

$1,304,048 $1,304,048
$157,101 $157,101 $1,461,149

Military Readiness

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$4,111,643 $4,111,643 $31,046,384 $31,046,384
$844,374 $138,791 $138,791
$59,889 $59,889 $645,694 $645,694 $36,002,401

$4,111,643 $4,111,643 $31,046,384 $31,046,384
$844,374 $138,791 $138,791
$59,889 $59,889 $645,694 $645,694 $36,002,401

$4,111,643 $4,111,643 $31,046,384 $31,046,384
$844,374 $138,791 $138,791
$59,889 $59,889 $645,694 $645,694 $36,002,401

$4,111,643 $4,111,643 $31,046,384 $31,046,384
$844,374 $138,791 $138,791
$59,889 $59,889 $645,694 $645,694 $36,002,401

99.1 Annualize the cost of the FY07 salary adjustment.

State General Funds Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$31,770 $266,620
$5,335 $303,725

$31,770 $266,620
$5,335 $303,725

$31,770 $266,620
$5,335 $303,725

$31,770 $266,620
$5,335 $303,725

99.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$51,871

$51,871

$51,871

$51,871

99.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$129,601

$129,601

$129,601

$129,601

FRIDAY, APRIL 20, 2007

4473

99.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$101,660

$101,660

$101,660

$101,660

99.5 Increase funds and establish an adequate preventative maintenance program for Army National Guard Armories.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$250,000 $250,000 $500,000

$250,000 $250,000 $500,000

$250,000 $250,000 $500,000

$250,000 $250,000 $500,000

99.6 Increase funds for statewide facility renovations and improvements.
Sites: City of Albany, City of Americus, City of Atlanta, City of Augusta, City of Bainbridge, City of Calhoun, City of Canton, City of Cedartown, City of Cordele, City of Covington, National Guard Armories

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$500,000 $1,500,000 $2,000,000

$500,000 $1,500,000 $2,000,000

$500,000 $1,500,000 $2,000,000

$500,000 $1,500,000 $2,000,000

99.0Military Readiness

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$5,176,545 $5,176,545 $33,063,004 $33,063,004
$849,709 $138,791 $138,791
$59,889 $59,889 $651,029 $651,029 $39,089,258

$5,176,545 $5,176,545 $33,063,004 $33,063,004
$849,709 $138,791 $138,791
$59,889 $59,889 $651,029 $651,029 $39,089,258

$5,176,545 $5,176,545 $33,063,004 $33,063,004
$849,709 $138,791 $138,791
$59,889 $59,889 $651,029 $651,029 $39,089,258

$5,176,545 $5,176,545 $33,063,004 $33,063,004
$849,709 $138,791 $138,791
$59,889 $59,889 $651,029 $651,029 $39,089,258

Youth Educational Services

Continuation Budget

The purpose of this appropriation is to provide educational and vocational opportunities to at-risk youth in Georgia.

4474

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$3,478,088 $3,478,088 $5,505,239 $5,505,239 $8,983,327

$3,478,088 $3,478,088 $5,505,239 $5,505,239 $8,983,327

$3,478,088 $3,478,088 $5,505,239 $5,505,239 $8,983,327

$3,478,088 $3,478,088 $5,505,239 $5,505,239 $8,983,327

100.1 Annualize the cost of the FY07 salary adjustment.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$26,600 $97,374 $123,974

$26,600 $97,374 $123,974

$26,600 $97,374 $123,974

$26,600 $97,374 $123,974

100.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$43,990

$43,990

$43,990

$43,990

100.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$109,910

$109,910

$109,910

$109,910

100.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$85,117

$85,117

$85,117

$85,117

100.5 Increase funds to serve an additional 100 students at the Fort Gordon Youth Challenge Academy (YCA).

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$1,120,000 $1,680,000 $2,800,000

$1,120,000 $1,680,000 $2,800,000

$1,120,000 $1,680,000 $2,800,000

$1,120,000 $1,680,000 $2,800,000

100.0Youth Educational Services

Appropriation (HB 95)

The purpose of this appropriation is to provide educational and vocational opportunities to at-risk youth in Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$4,863,705 $4,863,705 $7,282,613 $7,282,613 $12,146,318

$4,863,705 $4,863,705 $7,282,613 $7,282,613 $12,146,318

$4,863,705 $4,863,705 $7,282,613 $7,282,613 $12,146,318

$4,863,705 $4,863,705 $7,282,613 $7,282,613 $12,146,318

FRIDAY, APRIL 20, 2007

4475

Section 20: Driver Services, Department of

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services
TOTAL PUBLIC FUNDS

$53,431,393 $53,431,393
$721,456 $721,456 $54,152,849

$53,431,393 $53,431,393
$721,456 $721,456 $54,152,849

$53,431,393 $53,431,393
$721,456 $721,456 $54,152,849

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services
TOTAL PUBLIC FUNDS

$60,697,983 $60,697,983
$721,456 $721,456 $61,419,439

Section Total - Final

$60,697,983 $60,697,983
$721,456 $721,456 $61,419,439

$61,170,009 $61,170,009
$721,456 $721,456 $61,891,465

Customer Service Support

Continuation Budget

The purpose is for administration of license issuance, motor vehicle registration, and commercial truck compliance.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$8,777,059 $8,777,059
$857 $857 $857 $8,777,916

$8,777,059 $8,777,059
$857 $857 $857 $8,777,916

$8,777,059 $8,777,059
$857 $857 $857 $8,777,916

$53,431,393 $53,431,393
$721,456 $721,456 $54,152,849
$61,420,009 $61,420,009
$721,456 $721,456 $62,141,465
$8,777,059 $8,777,059
$857 $857 $857 $8,777,916

101.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$49,148

$49,148

$49,148

$49,148

101.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$79,228

$79,228

$79,228

$79,228

101.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

4476

JOURNAL OF THE HOUSE

State General Funds

$205,060

101.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$46,353

$205,060 $46,353

$205,060 $46,353

101.0Customer Service Support

Appropriation (HB 95)

The purpose is for administration of license issuance, motor vehicle registration, and commercial truck compliance.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$9,156,848 $9,156,848
$857 $857 $857 $9,157,705

$9,156,848 $9,156,848
$857 $857 $857 $9,157,705

$9,156,848 $9,156,848
$857 $857 $857 $9,157,705

License Issuance

Continuation Budget

The purpose is for the issuance of Georgia drivers license renewals through alternative methods.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$40,390,280 $40,390,280
$205,251 $205,251 $205,251 $40,595,531

$40,390,280 $40,390,280
$205,251 $205,251 $205,251 $40,595,531

$40,390,280 $40,390,280
$205,251 $205,251 $205,251 $40,595,531

$205,060
$46,353
$9,156,848 $9,156,848
$857 $857 $857 $9,157,705
$40,390,280 $40,390,280
$205,251 $205,251 $205,251 $40,595,531

102.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$301,129

$301,129

$301,129

$301,129

102.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$484,684

$484,684

$484,684

$484,684

102.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$1,254,473

$1,254,473

$1,254,473

$1,254,473

102.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

FRIDAY, APRIL 20, 2007

4477

State General Funds

$283,571

$283,571

$283,571

$283,571

102.5 Reduce funds associated with one-time costs appropriated in HB1027 (FY07) for a new Customer Service Center (CSC) in Blue Ridge and for expansions at the Athens and Newnan CSCs.

State General Funds

($800,000)

($800,000)

($800,000)

($800,000)

102.6 Increase funds for twenty-six positions and operating costs for two new CSCs in Loganville and the city of Clayton.

State General Funds

$1,352,437

$1,352,437

$1,352,437

$1,352,437

102.7 Increase funds for ten additional investigator positions for the Georgia SecureID initiative to protect the integrity of Georgia drivers' licenses.

State General Funds

$537,860

$537,860

$537,860

$537,860

102.8 Increase funds for fourteen additional positions for the Customer Contact Center in order to expand the operating hours and increase the percent of calls being answered by thirteen minutes or less to 85%.

State General Funds

$487,961

$487,961

$487,961

$487,961

102.9 Increase funds for the implementation of an Electronic Document Imaging System (EDIS).

State General Funds

$2,867,500

$2,867,500

$2,867,500

$2,867,500

102.10 Increase funds to conduct a feasibility study for a new license issuance system. [One-Time Change]

State General Funds

$300,000

$300,000

102.11 Increase funds to construct, on land provided by Glynn County, a new Brunswick Customer Service Center. (CC:Brunswick Commercial Driver's License (CDL) Center) [One-Time Change]

State General Funds

$500,000

$750,000

102.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($271,710) for the acceleration of the refresh rate for computers. (G:YES)(H:YES)

State General Funds

$0

$0

($271,710)

($271,710)

102.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($56,264) for enhanced connectivity to all CSC locations. (G:YES)(H:YES)

State General Funds

$0

$0

($56,264)

($56,264)

102.0License Issuance

Appropriation (HB 95)

The purpose is for the issuance of Georgia drivers license renewals through alternative methods.

4478

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$47,159,895 $47,159,895
$205,251 $205,251 $205,251 $47,365,146

$47,159,895 $47,159,895
$205,251 $205,251 $205,251 $47,365,146

$47,631,921 $47,631,921
$205,251 $205,251 $205,251 $47,837,172

$47,881,921 $47,881,921
$205,251 $205,251 $205,251 $48,087,172

Regulatory Compliance

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$4,264,054 $4,264,054
$515,348 $515,348 $515,348 $4,779,402

$4,264,054 $4,264,054
$515,348 $515,348 $515,348 $4,779,402

$4,264,054 $4,264,054
$515,348 $515,348 $515,348 $4,779,402

$4,264,054 $4,264,054
$515,348 $515,348 $515,348 $4,779,402

103.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$15,684

$15,684

$15,684

$15,684

103.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$24,322

$24,322

$24,322

$24,322

103.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$62,950

$62,950

$62,950

$62,950

103.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$14,230

$14,230

$14,230

$14,230

103.0Regulatory Compliance

Appropriation (HB 95)

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.

FRIDAY, APRIL 20, 2007

4479

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$4,381,240 $4,381,240
$515,348 $515,348 $515,348 $4,896,588

$4,381,240 $4,381,240
$515,348 $515,348 $515,348 $4,896,588

$4,381,240 $4,381,240
$515,348 $515,348 $515,348 $4,896,588

$4,381,240 $4,381,240
$515,348 $515,348 $515,348 $4,896,588

Section 21: Early Care and Learning, Department of

Section Total - Continuation

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

$306,009,646 $301,953,447
$4,056,199 $119,641,989 $26,088,119 $93,553,870
$155,000 $155,000 $425,806,635

$306,009,646 $301,953,447
$4,056,199 $119,641,989 $26,088,119 $93,553,870
$155,000 $155,000 $425,806,635

$306,009,646 $301,953,447
$4,056,199 $119,641,989 $26,088,119 $93,553,870
$155,000 $155,000 $425,806,635

$306,009,646 $301,953,447
$4,056,199 $119,641,989 $26,088,119 $93,553,870
$155,000 $155,000 $425,806,635

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

$329,370,960 $324,857,346
$4,513,614 $119,706,679 $26,152,809 $93,553,870
$155,000 $155,000 $449,232,639

Section Total - Final

$330,443,829 $324,857,346
$5,586,483 $119,706,679 $26,152,809 $93,553,870
$155,000 $155,000 $450,305,508

$329,443,829 $324,857,346
$4,586,483 $119,706,679 $26,152,809 $93,553,870
$155,000 $155,000 $449,305,508

$330,343,829 $324,857,346
$5,486,483 $119,706,679 $26,152,809 $93,553,870
$155,000 $155,000 $450,205,508

Child Care Services

Continuation Budget

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.

4480

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$4,056,199 $4,056,199 $3,604,020 $3,604,020
$155,000 $155,000 $155,000 $7,815,219

$4,056,199 $4,056,199 $3,604,020 $3,604,020
$155,000 $155,000 $155,000 $7,815,219

$4,056,199 $4,056,199 $3,604,020 $3,604,020
$155,000 $155,000 $155,000 $7,815,219

$4,056,199 $4,056,199 $3,604,020 $3,604,020
$155,000 $155,000 $155,000 $7,815,219

104.1 Annualize the cost of the FY07 salary adjustment.

State General Funds Child Care & Development Block Grant CFDA93.575 TOTAL PUBLIC FUNDS

$55,474 $64,690 $120,164

$55,474 $64,690 $120,164

$55,474 $64,690 $120,164

$55,474 $64,690 $120,164

104.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$62,665

$62,665

$62,665

$62,665

104.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$259,669

$259,669

$259,669

$259,669

104.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$79,607

$79,607

$79,607

$79,607

104.5 Transfer the BEGIN program from the Department of Labor Vocational Rehabilitation program.

State General Funds

$72,869

$72,869

$72,869

104.0Child Care Services

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575
TOTAL AGENCY FUNDS

$4,513,614 $4,513,614 $3,668,710 $3,668,710
$155,000

$4,586,483 $4,586,483 $3,668,710 $3,668,710
$155,000

$4,586,483 $4,586,483 $3,668,710 $3,668,710
$155,000

$4,586,483 $4,586,483 $3,668,710 $3,668,710
$155,000

FRIDAY, APRIL 20, 2007

4481

Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$155,000 $155,000 $8,337,324

$155,000 $155,000 $8,410,193

$155,000 $155,000 $8,410,193

$155,000 $155,000 $8,410,193

Nutrition

Continuation Budget

The purpose of this appropriation is to ensure that eligible children and adults receive USDA compliant meals.

TOTAL STATE FUNDS TOTAL FEDERAL FUNDS
Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$0 $93,000,000 $93,000,000 $93,000,000

$0 $93,000,000 $93,000,000 $93,000,000

$0 $93,000,000 $93,000,000 $93,000,000

$0 $93,000,000 $93,000,000 $93,000,000

105.0 Nutrition

Appropriation (HB 95)

The purpose of this appropriation is to ensure that eligible children and adults receive USDA compliant meals.

TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$93,000,000 $93,000,000 $93,000,000

$93,000,000 $93,000,000 $93,000,000

$93,000,000 $93,000,000 $93,000,000

$93,000,000 $93,000,000 $93,000,000

Pre-Kindergarten Program

Continuation Budget

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 Lottery Proceeds State General Funds
TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$301,953,447 $301,953,447
$0 $667,823 $113,953 $553,870 $302,621,270

$301,953,447 $301,953,447
$0 $667,823 $113,953 $553,870 $302,621,270

$301,953,447 $301,953,447
$0 $667,823 $113,953 $553,870 $302,621,270

$301,953,447 $301,953,447
$0 $667,823 $113,953 $553,870 $302,621,270

106.1 Annualize the cost of the FY07 salary adjustment.

Lottery Proceeds

$1,246,354

$1,246,354

$1,246,354

106.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

Lottery Proceeds

$44,976

$44,976

$44,976

$1,246,354 $44,976

4482

JOURNAL OF THE HOUSE

106.3 Increase funds for a salary adjustment of 3% effective September 1, 2007 for Pre-K Teachers.

Lottery Proceeds

$5,791,293

$5,791,293

$5,791,293

$5,791,293

106.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 16.713% to 18.534% for Pre-K Teachers and from 16.713% to 22.843% for Lottery-Funded Staff. (H and S:Utilize overage in health insurance to provide an increase in operating expenses)

Lottery Proceeds

$3,192,678

$1,844,741

$1,844,741

$1,844,741

106.5 Transfer funds from the Georgia Student Finance Commission HOPE Grant and HOPE Scholarships - Public Schools programs to fund an additional 3,000 slots, bringing the total Pre-K enrollment to 78,000. (H and S:Reduce funds for 225 slots to provide for an increase in operating expenses)

Lottery Proceeds

$12,628,598 $11,872,902 $11,872,902 $11,872,902

106.6 Increase funds for a 3% operating expense increase for all public and private Pre-K providers.

Lottery Proceeds

$2,103,633

$2,103,633

$2,103,633

106.7 Increase funds for the Ferst Foundation for the distribution of one book per month to children ages zero to five years in participating counties.

State General Funds

$1,000,000

$0

$900,000

106.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize lottery funds ($26,716) and federal funds ($58,303) for ongoing technology needs. (G:YES)(H:YES)(S:YES)

Lottery Proceeds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

106.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize lottery funds ($3,957) and federal funds ($8,635) for ongoing technology needs. (G:YES)(H:YES)(S:YES)

Lottery Proceeds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

106.99 CC: 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. This appropriation shall provide funds for no more than 77,775 Pre-K slots.

FRIDAY, APRIL 20, 2007

4483

Senate: 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. This appropriation shall provide funds for no more than 77,775 Pre-K slots.

Lottery Proceeds

$0

$0

106.0Pre-Kindergarten Program

Appropriation (HB 95)

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. This appropriation shall provide funds for no more than 77,775 Pre-K slots.

TOTAL STATE FUNDS Lottery Proceeds State General Funds
TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$324,857,346 $324,857,346
$667,823 $113,953 $553,870 $325,525,169

$325,857,346 $324,857,346
$1,000,000 $667,823 $113,953 $553,870
$326,525,169

$324,857,346 $324,857,346
$667,823 $113,953 $553,870 $325,525,169

$325,757,346 $324,857,346
$900,000 $667,823 $113,953 $553,870 $326,425,169

Quality Initiatives

Continuation Budget

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 STATE FUNDS TOTAL FEDERAL FUNDS
Child Care & Development Block Grant CFDA93.575 TOTAL PUBLIC FUNDS

$0 $22,370,146 $22,370,146 $22,370,146

$0 $22,370,146 $22,370,146 $22,370,146

$0 $22,370,146 $22,370,146 $22,370,146

$0 $22,370,146 $22,370,146 $22,370,146

107.0Quality Initiatives

Appropriation (HB 95)

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 Child Care & Development Block Grant CFDA93.575
TOTAL PUBLIC FUNDS

$22,370,146 $22,370,146 $22,370,146

$22,370,146 $22,370,146 $22,370,146

$22,370,146 $22,370,146 $22,370,146

$22,370,146 $22,370,146 $22,370,146

Section 22: Economic Development, Department of

4484

JOURNAL OF THE HOUSE

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures
TOTAL PUBLIC FUNDS

$34,677,302 $34,677,302
$20,244 $20,244 $34,697,546

$34,677,302 $34,677,302
$20,244 $20,244 $34,697,546

$34,677,302 $34,677,302
$20,244 $20,244 $34,697,546

$34,677,302 $34,677,302
$20,244 $20,244 $34,697,546

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures
TOTAL PUBLIC FUNDS

$40,360,119 $40,360,119
$20,244 $20,244 $40,380,363

Section Total - Final

$40,330,942 $40,330,942
$20,244 $20,244 $40,351,186

$47,879,506 $47,879,506
$20,244 $20,244 $47,899,750

$50,156,497 $50,156,497
$20,244 $20,244 $50,176,741

Business Recruitment and Expansion

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$7,011,795 $7,011,795 $7,011,795

$7,011,795 $7,011,795 $7,011,795

$7,011,795 $7,011,795 $7,011,795

$7,011,795 $7,011,795 $7,011,795

108.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$37,268

$37,268

$37,268

$37,268

108.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$72,692

$72,692

$72,692

$72,692

108.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$181,889

$181,889

$181,889

$181,889

108.4 Increase funds for international marketing efforts, expand Asia and Canada global commerce initiatives and add five positions to develop international trade and investment business opportunities for the state. [One-Time Change]

State General Funds

$5,103,354

$2,551,677

$5,103,354

$4,100,000

FRIDAY, APRIL 20, 2007

4485

108.5 Increase funds to the city of Gainesville for the Georgia Mountain Center parking deck for demolition and renovation. [One-
Time Change]

State General Funds

$2,000,000

$2,000,000

$2,000,000

108.0Business Recruitment and Expansion

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$12,406,998 $12,406,998 $12,406,998

$11,855,321 $11,855,321 $11,855,321

$14,406,998 $14,406,998 $14,406,998

$13,403,644 $13,403,644 $13,403,644

Departmental Administration

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$6,423,946 $6,423,946 $6,423,946

$6,423,946 $6,423,946 $6,423,946

$6,423,946 $6,423,946 $6,423,946

$6,423,946 $6,423,946 $6,423,946

109.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$38,429

$38,429

$38,429

$38,429

109.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$62,886

$62,886

$62,886

$62,886

109.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$157,353

$157,353

$157,353

$157,353

109.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$66,788

$66,788

$66,788

$66,788

109.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($118,642) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($118,642)

($118,642)

4486

JOURNAL OF THE HOUSE

109.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($4,126) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($4,126)

($4,126)

109.0Departmental Administration

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$6,749,402 $6,749,402 $6,749,402

$6,749,402 $6,749,402 $6,749,402

$6,626,634 $6,626,634 $6,626,634

$6,626,634 $6,626,634 $6,626,634

Film, Video, and Music

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$1,196,678 $1,196,678 $1,196,678

$1,196,678 $1,196,678 $1,196,678

$1,196,678 $1,196,678 $1,196,678

$1,196,678 $1,196,678 $1,196,678

110.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$4,168

$4,168

$4,168

$4,168

110.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$9,506

$9,506

$9,506

$9,506

110.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$23,785

$23,785

$23,785

$23,785

110.4 Eliminate one-time funds received in HB1027 (FY07) that were designated for the Georgia Music Hall of Fame Authority's 10th anniversary inductee ceremony. (S:Fund annual upcoming music events)

State General Funds

($100,000)

($100,000)

$0

($25,000)

110.0Film, Video, and Music

Appropriation (HB 95)

FRIDAY, APRIL 20, 2007

4487

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 State General Funds
TOTAL PUBLIC FUNDS

$1,134,137 $1,134,137 $1,134,137

$1,134,137 $1,134,137 $1,134,137

$1,234,137 $1,234,137 $1,234,137

$1,209,137 $1,209,137 $1,209,137

International Relations and Trade

Continuation Budget

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.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,296,170 $2,296,170 $2,296,170

$2,296,170 $2,296,170 $2,296,170

$2,296,170 $2,296,170 $2,296,170

$2,296,170 $2,296,170 $2,296,170

111.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$8,704

$8,704

$8,704

$8,704

111.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$15,287

$15,287

$15,287

$15,287

111.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$38,255

$38,255

$38,255

$38,255

111.0International Relations and Trade

Appropriation (HB 95)

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.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,358,416 $2,358,416 $2,358,416

$2,358,416 $2,358,416 $2,358,416

$2,358,416 $2,358,416 $2,358,416

$2,358,416 $2,358,416 $2,358,416

Innovation and Technology

Continuation Budget

The purpose of this appropriation is to lead in the recruitment, growth, and marketing of the life sciences and technology industries in

Georgia.

4488

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,624,091 $2,624,091 $2,624,091

$2,624,091 $2,624,091 $2,624,091

$2,624,091 $2,624,091 $2,624,091

$2,624,091 $2,624,091 $2,624,091

112.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$4,849

$4,849

$4,849

$4,849

112.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$8,946

$8,946

$8,946

$8,946

112.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$22,384

$22,384

$22,384

$22,384

112.4 Increase funds for economic development equipment for the Herty Advanced Materials Development Center. (H:See House version of HB94)(S:See bonds)

State General Funds

$630,000

$0

$0

$0

112.5 Eliminate one-time funds received in HB1027 (FY07) for micro enterprises. (S and CC:Increase funds for micro enterprises by providing funds to Appalachian Community Enterprise ($25,000) and other businesses that promote entrepreneurship through micro business loans)

State General Funds

($25,000)

($25,000)

$50,000

$50,000

112.6 Eliminate one-time funds received in HB1027 (FY07) for a bioscience collaboration.

State General Funds

($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000)

112.0Innovation and Technology

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$2,265,270 $2,265,270 $2,265,270

$1,635,270 $1,635,270 $1,635,270

$1,710,270 $1,710,270 $1,710,270

$1,710,270 $1,710,270 $1,710,270

Small and Minority Business Development

Continuation Budget

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.

FRIDAY, APRIL 20, 2007

4489

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS

$893,624 $893,624
$20,244 $20,244 $20,244 $913,868

$893,624 $893,624
$20,244 $20,244 $20,244 $913,868

$893,624 $893,624
$20,244 $20,244 $20,244 $913,868

$893,624 $893,624
$20,244 $20,244 $20,244 $913,868

113.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$7,482

$7,482

$7,482

$7,482

113.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$11,899

$11,899

$11,899

$11,899

113.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$29,775

$29,775

$29,775

$29,775

113.0Small and Minority Business Development

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS

$942,780 $942,780
$20,244 $20,244 $20,244 $963,024

$942,780 $942,780
$20,244 $20,244 $20,244 $963,024

$942,780 $942,780
$20,244 $20,244 $20,244 $963,024

$942,780 $942,780
$20,244 $20,244 $20,244 $963,024

Tourism

Continuation Budget

The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state and encourage

tourism expenditures.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$12,061,348 $12,061,348 $12,061,348

$12,061,348 $12,061,348 $12,061,348

$12,061,348 $12,061,348 $12,061,348

$12,061,348 $12,061,348 $12,061,348

4490

JOURNAL OF THE HOUSE

114.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$32,032

$32,032

$32,032

$32,032

114.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$64,540

$64,540

$64,540

$64,540

114.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$161,489

$161,489

$161,489

$161,489

114.4 Transfer funds for the Georgia Historical Society contract for new historic markers from the Department of Natural Resources.

State General Funds

$60,000

$60,000

$60,000

$60,000

114.5 Eliminate pass-through funds from the Historic Chattahoochee Commission.

State General Funds

($52,500)

($52,500)

($52,500)

($52,500)

114.6 Utilize existing funds to add one research director position ($81,000), conduct studies to measure the impacts of current and potential tourism initiatives to increase Georgia's tourism market share ($231,000), and add one fundraiser position to assist Tourism Foundation members with fundraising activities ($81,000). (G:YES)(H:YES)(S and CC:Approval not required by the General Assembly)

State General Funds

$0

$0

$0

$0

114.7 Increase funds for Tour de Georgia. (S:Use for tourism and marketing)(CC:Tour de Georgia) [One-Time Change]

State General Funds

$500,000

$100,000

$400,000

114.8 Increase funds for Warner Robins Air Force base museum.

State General Funds

$100,000

$0

$100,000

114.9 Increase funds for Washington-Wilkes County Level 3 Regional Visitor Information Center.

State General Funds

$2,500

$0

$2,500

114.10 Increase funds for Civil War commemoration preparation and Resaca Battlefield development. (S and CC:Use for planning)
[One-Time Change]

State General Funds

$500,000

$500,000

114.11 Increase funds for the Jefferson Davis Trail, March to the Sea Trail, Atlanta Campaign Trail, and Civil Rights Trail. [One-Time
Change]

State General Funds

$200,000

$200,000

FRIDAY, APRIL 20, 2007

4491

114.12 Increase funds for the National Infantry Museum ($5,000,000) and Cobb Energy Performing Arts Center ($2,500,000). [One-
Time Change]

State General Funds

$5,000,000

$7,500,000

114.13 Increase funds for Zoo Atlanta for the renovation of hospital. [One-Time Change]

State General Funds

$100,000

$100,000

114.0 Tourism

Appropriation (HB 95)

The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state and encourage tourism expenditures.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$12,326,909 $12,326,909 $12,326,909

$12,929,409 $12,929,409 $12,929,409

$18,226,909 $18,226,909 $18,226,909

$21,129,409 $21,129,409 $21,129,409

Payments to Aviation Hall of Fame

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$50,000 $50,000 $50,000

$50,000 $50,000 $50,000

$50,000 $50,000 $50,000

$50,000 $50,000 $50,000

115.99 CC: The purpose of this appropriation is to provide operating funds for the Aviation Hall of Fame. Senate: The purpose of this appropriation is to provide operating funds for and 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.

State General Funds

$0

$0

115.0Payments to Aviation Hall of Fame

Appropriation (HB 95)

The purpose of this appropriation is to provide operating funds for the Aviation Hall of Fame.

4492

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$50,000 $50,000 $50,000

$50,000 $50,000 $50,000

$50,000 $50,000 $50,000

$50,000 $50,000 $50,000

Payments to Golf Hall Of Fame Authority

Continuation Budget

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.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$58,685 $58,685 $58,685

$58,685 $58,685 $58,685

$58,685 $58,685 $58,685

$58,685 $58,685 $58,685

116.1 Increase funds for operations.

State General Funds

$500,000

$150,000

$500,000

116.2 Increase funds for a feasibility study for a private/public self-sustaining partnership. (S:Pre-design for new building)(CC:House Language)

State General Funds

$50,000

$100,000

$75,000

116.99 CC: The purpose of this appropriation is to provide operating funds for the Golf Hall of Fame. Senate: The purpose of this appropriation is to provide operating funds for and 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.

State General Funds

$0

116.0Payments to Golf Hall Of Fame Authority

The purpose of this appropriation is to provide operating funds for the Golf Hall of Fame.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$58,685 $58,685 $58,685

Appropriation (HB 95)

$608,685 $608,685 $608,685

$308,685 $308,685 $308,685

Payments to Georgia Medical Center Authority

Continuation Budget

The purpose of this appropriation is to provide funds to the Georgia Medical Center Authority.

$0
$633,685 $633,685 $633,685

FRIDAY, APRIL 20, 2007

4493

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$405,000 $405,000 $405,000

$405,000 $405,000 $405,000

$405,000 $405,000 $405,000

$405,000 $405,000 $405,000

117.1 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$3,712

$3,712

$3,712

$3,712

117.99 CC: The purpose of this appropriation is to provide operating funds for the Georgia Medical Center Authority. Senate: The purpose of this appropriation is to provide operating funds for and develop the life sciences industry in Georgia. House: Develop the life sciences industry in Georgia. Governor: Develop the life sciences industry in Georgia.

State General Funds

$0

$0

$0

117.0Payments to Georgia Medical Center Authority

Appropriation (HB 95)

The purpose of this appropriation is to provide operating funds for the Georgia Medical Center Authority.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$408,712 $408,712 $408,712

$408,712 $408,712 $408,712

$408,712 $408,712 $408,712

Payments to Georgia Music Hall of Fame Authority The purpose of this appropriation is to preserve Georgia's rich musical heritage.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$814,070 $814,070 $814,070

Continuation Budget

$814,070 $814,070 $814,070

$814,070 $814,070 $814,070

$0
$408,712 $408,712 $408,712
$814,070 $814,070 $814,070

118.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$4,950

$4,950

$0

$4,950

118.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$6,815

$6,815

$0

$6,815

118.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

4494

JOURNAL OF THE HOUSE

State General Funds

$14,631

$14,631

$0

$14,631

118.99 CC: The purpose of this appropriation is to provide operating funds for the Georgia Music Hall of Fame. Senate: The purpose of this appropriation is to provide operating funds for and preserve Georgia's rich musical heritage.

State General Funds

$0

118.0Payments to Georgia Music Hall of Fame Authority

Appropriation (HB 95)

The purpose of this appropriation is to provide operating funds for the Georgia Music Hall of Fame.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$840,466 $840,466 $840,466

$840,466 $840,466 $840,466

$814,070 $814,070 $814,070

Payments to Georgia Sports Hall of Fame Authority

Continuation Budget

The purpose of this appropriation is to preserve and interpret the history of sports in Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$741,895 $741,895 $741,895

$741,895 $741,895 $741,895

$741,895 $741,895 $741,895

$0
$840,466 $840,466 $840,466
$741,895 $741,895 $741,895

119.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$4,265

$4,265

$0

$4,265

119.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$6,420

$6,420

$0

$6,420

119.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$15,764

$15,764

$0

$15,764

119.4 Increase funds for operations. [One-Time Change]

State General Funds

$25,000

119.99 CC: The purpose of this appropriation is to provide operating funds for the Georgia Sports Hall of Fame. Senate: The purpose of this appropriation is to provide operating funds for and preserve and interpret the history of sports in Georgia.

FRIDAY, APRIL 20, 2007

4495

State General Funds

$0

$0

119.0Payments to Georgia Sports Hall of Fame Authority

Appropriation (HB 95)

The purpose of this appropriation is to provide operating funds for the Georgia Sports Hall of Fame.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$768,344 $768,344 $768,344

$768,344 $768,344 $768,344

$741,895 $741,895 $741,895

$793,344 $793,344 $793,344

Civil War Commission

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$100,000 $100,000 $100,000

$100,000 $100,000 $100,000

$100,000 $100,000 $100,000

$100,000 $100,000 $100,000

120.1 Eliminate one-time funds received in HB1027 (FY07) for the preservation of cemeteries and historic sites.

State General Funds

($50,000)

($50,000)

($50,000)

($50,000)

120.0Civil War Commission

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$50,000 $50,000 $50,000

$50,000 $50,000 $50,000

$50,000 $50,000 $50,000

$50,000 $50,000 $50,000

Section 23: Education, Department of

Section Total - Continuation

TOTAL STATE FUNDS State General Funds

$7,219,516,840 $7,219,516,840 $7,219,516,840 $7,219,516,840 $7,189,516,840 $7,189,516,840 $7,189,516,840 $7,189,516,840

4496

JOURNAL OF THE HOUSE

Tobacco Settlement Funds TOTAL FEDERAL FUNDS
Federal Funds Not Itemized Temporary Assistance for Needy Families TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS

$30,000,000 $1,113,965,001 $1,113,765,001
$200,000 $12,391,307 $3,489,938 $2,344,991 $6,299,351
$257,027 $8,345,873,148

$30,000,000 $1,113,965,001 $1,113,765,001
$200,000 $12,391,307 $3,489,938 $2,344,991 $6,299,351
$257,027 $8,345,873,148

$30,000,000 $1,113,965,001 $1,113,765,001
$200,000 $12,391,307 $3,489,938 $2,344,991 $6,299,351
$257,027 $8,345,873,148

$30,000,000 $1,113,965,001 $1,113,765,001
$200,000 $12,391,307 $3,489,938 $2,344,991 $6,299,351
$257,027 $8,345,873,148

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 - Final

$7,809,109,867 $7,809,109,867 $1,116,954,261 $1,116,954,261
$12,391,307 $3,489,938 $2,344,991 $6,299,351
$257,027 $8,938,455,435

$7,850,302,706 $7,850,302,706 $1,116,954,261 $1,116,954,261
$12,391,307 $3,489,938 $2,344,991 $6,299,351
$257,027 $8,979,648,274

$7,826,706,733 $7,826,706,733 $1,121,650,747 $1,121,650,747
$12,391,307 $3,489,938 $2,344,991 $6,299,351
$257,027 $8,960,748,787

$7,806,980,808 $7,806,980,808 $1,121,650,747 $1,121,650,747
$12,391,307 $3,489,938 $2,344,991 $6,299,351
$257,027 $8,941,022,862

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 State General Funds
TOTAL PUBLIC FUNDS

$6,166,710 $6,166,710 $6,166,710

$6,166,710 $6,166,710 $6,166,710

$6,166,710 $6,166,710 $6,166,710

$6,166,710 $6,166,710 $6,166,710

121.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$15,600

$15,600

$15,600

121.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

$15,600

FRIDAY, APRIL 20, 2007

4497

State General Funds

$23,634

$23,634

$23,634

$23,634

121.3 Increase funds for the Teacher Success Model and two positions.

State General Funds

$600,000

$600,000

$600,000

$600,000

121.4 Utilize existing funds for a science mentor position for Metro-Atlanta. (G:YES)(H:YES)(S and CC:Approval not required by the General Assembly)

State General Funds

$0

$0

$0

$0

121.5 Reduce funds from teacher liability premiums ($200,000) and transfer remaining funds to the Central Office program to pay the teacher liability insurance premiums ($900,000).

State General Funds

($1,100,000) ($1,100,000) ($1,100,000) ($1,100,000)

121.0Academic Coach Program

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$5,705,944 $5,705,944 $5,705,944

$5,705,944 $5,705,944 $5,705,944

$5,705,944 $5,705,944 $5,705,944

$5,705,944 $5,705,944 $5,705,944

Agricultural Education

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$8,108,659 $8,108,659
$126,577 $126,577 $450,000 $450,000 $450,000 $8,685,236

$8,108,659 $8,108,659
$126,577 $126,577 $450,000 $450,000 $450,000 $8,685,236

$8,108,659 $8,108,659
$126,577 $126,577 $450,000 $450,000 $450,000 $8,685,236

$8,108,659 $8,108,659
$126,577 $126,577 $450,000 $450,000 $450,000 $8,685,236

122.1 Annualize the cost of the FY07 salary adjustment. State General Funds

$73,959

$73,959

$73,959

$73,959

4498

JOURNAL OF THE HOUSE

122.2 Increase funds for a salary adjustment of 3% effective September 1, 2007.

State General Funds

$218,228

$218,228

$218,228

$218,228

122.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 18.534% for teachers.

State General Funds

$103,896

$103,896

$103,896

$103,896

122.4 Increase funds for one new Young Farmer position in Whitfield County. (S:NO; Increase funds for two Young Farmers in Early and Thomas counties)(CC:Whitfield and Thomas)

State General Funds

$76,010

$152,020

$152,020

122.5 Increase funds for the engineering and installation of a sewage treatment facility at the state Future Farmers of America (FFA) camp in Covington. [One-Time Change]

State General Funds

$500,000

$912,000

$912,000

122.0Agricultural Education

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$8,504,742 $8,504,742
$126,577 $126,577 $450,000 $450,000 $450,000 $9,081,319

$9,080,752 $9,080,752
$126,577 $126,577 $450,000 $450,000 $450,000 $9,657,329

$9,568,762 $9,568,762
$126,577 $126,577 $450,000 $450,000 $450,000 $10,145,339

$9,568,762 $9,568,762
$126,577 $126,577 $450,000 $450,000 $450,000 $10,145,339

Central Office

Continuation Budget

The purpose of this appropriation is to act as a service oriented agency supporting local school districts.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS

$35,871,976 $35,871,976 $38,180,833 $38,180,833 $6,899,025

$35,871,976 $35,871,976 $38,180,833 $38,180,833 $6,899,025

$35,871,976 $35,871,976 $38,180,833 $38,180,833 $6,899,025

$35,871,976 $35,871,976 $38,180,833 $38,180,833 $6,899,025

FRIDAY, APRIL 20, 2007

4499

Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
Reserved Fund Balances Reserved Fund Balances Not Itemized
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$3,389,938 $3,389,938 $2,344,991 $2,344,991 $1,011,224 $1,011,224
$152,872 $152,872 $80,951,834

$3,389,938 $3,389,938 $2,344,991 $2,344,991 $1,011,224 $1,011,224
$152,872 $152,872 $80,951,834

$3,389,938 $3,389,938 $2,344,991 $2,344,991 $1,011,224 $1,011,224
$152,872 $152,872 $80,951,834

$3,389,938 $3,389,938 $2,344,991 $2,344,991 $1,011,224 $1,011,224
$152,872 $152,872 $80,951,834

123.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$396,997

$396,997

$396,997

$396,997

123.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$282,682

$282,682

$282,682

$282,682

123.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$1,367,035

$1,367,035

$1,367,035

$1,367,035

123.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$314,278

$314,278

$314,278

$314,278

123.5 Increase funds for a Georgia Building Authority (GBA) rate change. (S and CC:NO to GBA rate increase for utilities)

State General Funds

$52,884

$52,884

$7,944

$7,944

123.6 Increase funds for internal Information Technology support to offset the loss of one-time funds.

State General Funds

$1,756,445

$1,756,445

$1,756,445

$1,756,445

123.7 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize state funds ($819,995) and federal funds ($273,332) for internal Information Technology support to offset the loss of one-time funds. (G:YES)(H:YES)

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$0

$0

($819,995)

($819,995)

$0

$0

$0

$0

$0

$0

($819,995)

($819,995)

4500

JOURNAL OF THE HOUSE

123.8 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize state funds ($23,560) and federal funds ($15,707) for internal Information Technology support to offset the loss of one-time funds. (G:YES)(H:YES)

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$0

$0

($23,560)

($23,560)

$0

$0

$0

$0

$0

$0

($23,560)

($23,560)

123.9 Increase funds to support the operation of the Student Information System.

State General Funds

$665,000

$665,000

$665,000

$665,000

123.10 Reduce funds from the completion of the reading and math evaluation. (S:Transfer to the Non-Quality Basic Education Formula Grants program for children in residential education facilities)

State General Funds

($150,000)

($150,000)

($150,000)

($150,000)

123.11 Utilize existing funds for a health/physical education coordinator position to address student wellness. (G:YES)(H:YES)(S and CC:Approval not required by the General Assembly)

State General Funds

$0

$0

$0

$0

123.12 Transfer funds for teacher liability insurance from the Academic Coach program.

State General Funds

$900,000

$900,000

$900,000

$900,000

123.13 Eliminate contract funds for Public Service Announcements (monthly Superintendent's conference calls).

State General Funds

($18,034)

($18,034)

($18,034)

123.14 Eliminate contract funds in Human Resources for occasional temporary assistance.

State General Funds

($910)

($910)

($910)

123.15 Eliminate contract funds for the Fernbank Science Center.

State General Funds

($82,935)

($82,935)

($82,935)

123.16 Eliminate contract funds for Achievers International.

State General Funds

($15,000)

($15,000)

($15,000)

123.17 Eliminate contract funds for Communications Tools.

State General Funds

($77,200)

($77,200)

($77,200)

123.18 Eliminate contract funds for School Climate Workshops.

State General Funds

($4,700)

($4,700)

($4,700)

123.19 Eliminate contract funds for the Transportation Advisory Group.

FRIDAY, APRIL 20, 2007

4501

State General Funds

($1,940)

($1,940)

($1,940)

123.20 Transfer the American Association of Adapted Sports Program (AAASP) from the Department of Human Resources Child and Adolescent Developmental Disabilities Services program.

State General Funds

$534,069

$534,069

$784,069

123.21 Increase funds to provide two new employees to administer the provisions of SB10 (2007 Session) "Georgia Special Needs Scholarship".

State General Funds

$200,000

$200,000

123.22 Increase funds to provide two new positions for the Charter Schools Division and operational costs for the Charter Advisory Committee per SB39 (2007 Session) "Charter Systems Act".

State General Funds

$280,000

$200,000

123.0Central Office

Appropriation (HB 95)

The purpose of this appropriation is to act as a service oriented agency supporting local school districts.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$41,457,297 $41,457,297 $38,180,833 $38,180,833 $6,899,025 $3,389,938 $3,389,938 $2,344,991 $2,344,991 $1,011,224 $1,011,224
$152,872 $152,872 $86,537,155

$41,790,647 $41,790,647 $38,180,833 $38,180,833 $6,899,025 $3,389,938 $3,389,938 $2,344,991 $2,344,991 $1,011,224 $1,011,224
$152,872 $152,872 $86,870,505

$41,382,152 $41,382,152 $38,180,833 $38,180,833 $6,899,025 $3,389,938 $3,389,938 $2,344,991 $2,344,991 $1,011,224 $1,011,224
$152,872 $152,872 $86,462,010

$41,552,152 $41,552,152 $38,180,833 $38,180,833 $6,899,025 $3,389,938 $3,389,938 $2,344,991 $2,344,991 $1,011,224 $1,011,224
$152,872 $152,872 $86,632,010

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.

4502

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$1,220,193 $1,220,193 $6,729,711 $6,729,711 $7,949,904

$1,220,193 $1,220,193 $6,729,711 $6,729,711 $7,949,904

$1,220,193 $1,220,193 $6,729,711 $6,729,711 $7,949,904

$1,220,193 $1,220,193 $6,729,711 $6,729,711 $7,949,904

124.1 Increase funds to promote the development of Charter Schools by providing financial assistance for planning grants; facility improvement, renovation and construction; and equipment purchases. (S and CC:Create a facilities fund for State Chartered Special Schools for $600,000, and designate $625,000 for implementation grants for Charter Systems)

State General Funds

$5,000,000

$2,000,000

$2,000,000

124.99 CC: The purpose of this appropriation is to support and encourage development and approval of charter public schools as one part of Georgia's overall school improvement strategy, provided that at least $600,000 of this appropriation is designated to fund facilities for State Chartered Special Schools and $625,000 is designated for implementation grants for Charter Systems. Senate: The purpose of this appropriation is to support and encourage development and approval of charter public schools as one part of Georgia's overall school improvement strategy, provided that at least $600,000 of this appropriation is designated to fund facilities for State Chartered Special Schools and $625,000 is designated for implementation grants for Charter Systems.

State General Funds

$0

$0

124.0Charter Schools

Appropriation (HB 95)

The purpose of this appropriation is to support and encourage development and approval of charter public schools as one part of Georgia's overall school improvement strategy, provided that at least $600,000 of this appropriation is designated to fund facilities for State Chartered Special Schools and $625,000 is designated for implementation grants for Charter Systems.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$1,220,193 $1,220,193 $6,729,711 $6,729,711 $7,949,904

$6,220,193 $6,220,193 $6,729,711 $6,729,711 $12,949,904

$3,220,193 $3,220,193 $6,729,711 $6,729,711 $9,949,904

$3,220,193 $3,220,193 $6,729,711 $6,729,711 $9,949,904

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.

FRIDAY, APRIL 20, 2007

4503

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,303,123 $2,303,123 $2,303,123

$2,303,123 $2,303,123 $2,303,123

$2,303,123 $2,303,123 $2,303,123

$2,303,123 $2,303,123 $2,303,123

125.1 Eliminate one-time funds received in HB1027 (FY07) for five new Performance Learning Centers (PLCs).

State General Funds

($982,500)

($982,500)

($982,500)

($982,500)

125.2 Increase funds for five new local affiliate programs. (S:Transfer to the Dropout Prevention program)

State General Funds

$175,000

$0

$175,000

125.3 Increase funds for operations for five Performance Learning Centers funded in HB1027 (FY07). (S:Transfer to the Dropout Prevention program)

State General Funds

$450,000

$0

$450,000

125.4 Increase funds for two new Performance Learning Centers in Muscogee County and the Oconee RESA. (S:Increase funds for three new Performance Learning Centers and transfer to the Dropout Prevention program)

State General Funds

$500,000

$0

$500,000

125.5 Transfer funds and activities to the Dropout Prevention program.

State General Funds

($1,320,623)

$0

125.0Communities in Schools

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$1,320,623 $1,320,623 $1,320,623

$2,445,623 $2,445,623 $2,445,623

$2,445,623 $2,445,623 $2,445,623

Curriculum Development

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Temporary Assistance for Needy Families

$1,774,833 $1,774,833
$200,000 $200,000

$1,774,833 $1,774,833
$200,000 $200,000

$1,774,833 $1,774,833
$200,000 $200,000

$1,774,833 $1,774,833
$200,000 $200,000

4504

JOURNAL OF THE HOUSE

Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS

$200,000 $1,974,833

$200,000 $1,974,833

$200,000 $1,974,833

$200,000 $1,974,833

126.1 Eliminate one-time funds received in HB1027 (FY07) for the Basic Right Over Wrong (B-ROW) contract.

Temporary Assistance for Needy Families Grant CFDA93.558

($200,000)

($200,000)

($200,000)

($200,000)

126.2 Increase funds to develop 255 instructional video clips for the online Georgia Performance Standards (GPS) training. [One-
Time Change]

State General Funds

$500,000

$500,000

126.0Curriculum Development

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$1,774,833 $1,774,833 $1,774,833

$1,774,833 $1,774,833 $1,774,833

$2,274,833 $2,274,833 $2,274,833

$2,274,833 $2,274,833 $2,274,833

Dropout Prevention

The purpose of this appropriation is to reduce dropout rates for Georgia students.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$15,829,069 $15,829,069 $15,829,069

Continuation Budget

$15,829,069 $15,829,069 $15,829,069

$15,829,069 $15,829,069 $15,829,069

$15,829,069 $15,829,069 $15,829,069

127.1 Increase funds for a salary adjustment of 3% effective September 1, 2007.

State General Funds

$1,115,142

$1,115,142

$1,115,142

$1,115,142

127.2 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 18.534% for teachers.

State General Funds

$637,245

$637,245

$637,245

$637,245

127.3 Increase funds to expand graduation coaches to middle schools. (H and S:Modify program: Middle Schools and High Schools will earn one coach each, except in High Schools with a graduation rate of 95% or higher. Additionally, combination Middle/High Schools will earn one coach per school. Local school systems shall allocate graduation coaches among Middle and High Schools with highest priority given to serving the greatest number of students at risk of dropping out)

FRIDAY, APRIL 20, 2007

4505

State General Funds

$21,101,588 $18,016,320 $18,016,320 $18,016,320

127.4 Increase funds for training and experience for high school graduation coaches and increase funds for graduation coaches at twelve new high schools and the three state schools.

State General Funds

$8,075,069

$8,075,069

$8,075,069

$8,075,069

127.5 Increase funds to train new graduation coaches.

State General Funds

$250,000

$250,000

$250,000

$250,000

127.6 Increase funds to pay for college entrance exams. (H and S:Transfer recommended funds to the Testing program as the proposed program has objectives and measures similar to other testing programs including SAT Prep, PSAT exams and AP exams)

State General Funds

$2,500,000

$0

$0

$0

127.7 Increase funds for the Junior Reserve Officers Training Corps (JROTC) program to address the high school dropout rate. (S:Include Vidalia High School as one of the grant recipients)(CC:Give priority to systems with greater than a 20% dropout rate)

State General Funds

$780,000

$780,000

$780,000

$780,000

127.8 Increase funds for online tutorial services statewide.

State General Funds

$750,000

$750,000

$750,000

$750,000

127.9 Transfer funds and activities from the Communities in Schools program ($1,320,623) and increase funds for three new Performance Learning Centers in Candler, Montgomery, and Muscogee counties ($750,000), operating costs for five Performance Learning Centers previously funded in HB1027 (FY07) ($450,000), and the expansion of five new local affiliate programs ($175,000).

State General Funds

$2,695,623

$0

127.0Dropout Prevention

The purpose of this appropriation is to reduce dropout rates for Georgia students.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$51,038,113 $51,038,113 $51,038,113

Appropriation (HB 95)

$45,452,845 $45,452,845 $45,452,845

$48,148,468 $48,148,468 $48,148,468

$45,452,845 $45,452,845 $45,452,845

Federal Programs

Continuation Budget

The purpose of this appropriation is to coordinate federally funded programs and allocate federal funds to school systems.

4506

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS TOTAL FEDERAL FUNDS
Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$0 $817,561,039 $817,561,039 $817,561,039

$0 $817,561,039 $817,561,039 $817,561,039

$0 $817,561,039 $817,561,039 $817,561,039

$0 $817,561,039 $817,561,039 $817,561,039

128.0Federal Programs

Appropriation (HB 95)

The purpose of this appropriation is to coordinate federally funded programs and allocate federal funds to school systems.

TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$817,561,039 $817,561,039 $817,561,039

$817,561,039 $817,561,039 $817,561,039

$817,561,039 $817,561,039 $817,561,039

$817,561,039 $817,561,039 $817,561,039

Foreign Language

Continuation Budget

The purpose of this appropriation is to provide funds to schools for foreign language instruction.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,590,857 $1,590,857 $1,590,857

$1,590,857 $1,590,857 $1,590,857

$1,590,857 $1,590,857 $1,590,857

$1,590,857 $1,590,857 $1,590,857

129.1 Transfer funds and activities to the Quality Basic Education program to provide foreign language media materials for elementary school students statewide. (H and S:NO; Restore program)

State General Funds

($1,590,857)

$0

$0

$0

129.0Foreign Language

Appropriation (HB 95)

The purpose of this appropriation is to provide funds to schools for foreign language instruction.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,590,857 $1,590,857 $1,590,857

$1,590,857 $1,590,857 $1,590,857

$1,590,857 $1,590,857 $1,590,857

Fund Accounting

Continuation Budget

The purpose of this appropriation is 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.

FRIDAY, APRIL 20, 2007

4507

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,000,000 $2,000,000 $2,000,000

$2,000,000 $2,000,000 $2,000,000

$2,000,000 $2,000,000 $2,000,000

$2,000,000 $2,000,000 $2,000,000

130.1 Eliminate funds. State General Funds

($2,000,000) ($2,000,000) ($2,000,000) ($2,000,000)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $5,117,573 $5,117,573 $5,117,573

$0 $0 $5,117,573 $5,117,573 $5,117,573

$0 $0 $5,117,573 $5,117,573 $5,117,573

$0 $0 $5,117,573 $5,117,573 $5,117,573

131.1 Transfer funds and activities from the State Reading and Math program ($2,100,000) and the Central Office program

($150,000) to provide targeted training for teachers of students with disabilities. (S and CC:Utilize federal funds; transfer state funds instead to the Non-Quality Basic Education Formula Grants program for children in residential education

facilities)

State General Funds Federal Funds Not Itemized

$2,250,000

$2,250,000

$2,250,000

$2,250,000

131.0Georgia Learning Resources System

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$2,250,000 $2,250,000 $5,117,573 $5,117,573 $7,367,573

$2,250,000 $2,250,000 $5,117,573 $5,117,573 $7,367,573

$7,367,573 $7,367,573 $7,367,573

$7,367,573 $7,367,573 $7,367,573

Georgia Virtual School

Continuation Budget

4508

JOURNAL OF THE HOUSE

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 State General Funds
TOTAL PUBLIC FUNDS

$2,188,734 $2,188,734 $2,188,734

$2,188,734 $2,188,734 $2,188,734

$2,188,734 $2,188,734 $2,188,734

$2,188,734 $2,188,734 $2,188,734

132.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$4,033

$4,033

$4,033

132.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$6,111

$6,111

$6,111

$4,033 $6,111

132.0Georgia Virtual School

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$2,198,878 $2,198,878 $2,198,878

$2,198,878 $2,198,878 $2,198,878

$2,198,878 $2,198,878 $2,198,878

$2,198,878 $2,198,878 $2,198,878

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 State General Funds
TOTAL PUBLIC FUNDS

$689,203 $689,203 $689,203

$689,203 $689,203 $689,203

$689,203 $689,203 $689,203

$689,203 $689,203 $689,203

133.1 Transfer funds and Georgia Performance Standards (GPS) training responsibilities to the Regional Education Service Agencies program (RESAs) to provide comprehensive training and support to schools statewide. (H and S:Partially restore funds and eliminate contract in FY09 to facilitate a distribution of funds statewide on a per student basis for supplemental science and technology programs)

State General Funds

($689,203)

($439,203)

($189,203)

($189,203)

133.0Georgia Youth Science and Technology

Appropriation (HB 95)

FRIDAY, APRIL 20, 2007

4509

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 State General Funds
TOTAL PUBLIC FUNDS

$250,000 $250,000 $250,000

$500,000 $500,000 $500,000

$500,000 $500,000 $500,000

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 State General Funds
TOTAL PUBLIC FUNDS

$1,418,223 $1,418,223 $1,418,223

$1,418,223 $1,418,223 $1,418,223

$1,418,223 $1,418,223 $1,418,223

$1,418,223 $1,418,223 $1,418,223

134.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$5,010

$5,010

$5,010

134.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$7,591

$7,591

$7,591

$5,010 $7,591

134.0Governor's Honors Program

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$1,430,824 $1,430,824 $1,430,824

$1,430,824 $1,430,824 $1,430,824

$1,430,824 $1,430,824 $1,430,824

$1,430,824 $1,430,824 $1,430,824

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 State General Funds
TOTAL PUBLIC FUNDS

$7,417,319 $7,417,319 $7,417,319

$7,417,319 $7,417,319 $7,417,319

$7,417,319 $7,417,319 $7,417,319

$7,417,319 $7,417,319 $7,417,319

4510

JOURNAL OF THE HOUSE

135.0Information Technology Services

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$7,417,319 $7,417,319 $7,417,319

$7,417,319 $7,417,319 $7,417,319

$7,417,319 $7,417,319 $7,417,319

$7,417,319 $7,417,319 $7,417,319

National Board Certification

Continuation Budget

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).

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$11,038,035 $11,038,035 $11,038,035

$11,038,035 $11,038,035 $11,038,035

$11,038,035 $11,038,035 $11,038,035

$11,038,035 $11,038,035 $11,038,035

136.1 Increase funds to provide for a ten percent salary increase for new teachers achieving National Board Certification.

State General Funds

$1,256,593

$1,256,593

136.0National Board Certification

Appropriation (HB 95)

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).

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$11,038,035 $11,038,035 $11,038,035

$11,038,035 $11,038,035 $11,038,035

$12,294,628 $12,294,628 $12,294,628

$12,294,628 $12,294,628 $12,294,628

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 State General Funds
TOTAL PUBLIC FUNDS

$1,416,750 $1,416,750 $1,416,750

$1,416,750 $1,416,750 $1,416,750

$1,416,750 $1,416,750 $1,416,750

$1,416,750 $1,416,750 $1,416,750

137.0National Science Center and Foundation

Appropriation (HB 95)

FRIDAY, APRIL 20, 2007

4511

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 State General Funds
TOTAL PUBLIC FUNDS

$1,416,750 $1,416,750 $1,416,750

$1,416,750 $1,416,750 $1,416,750

$1,416,750 $1,416,750 $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 State General Funds
TOTAL PUBLIC FUNDS

$21,088,674 $21,088,674 $21,088,674

$21,088,674 $21,088,674 $21,088,674

$21,088,674 $21,088,674 $21,088,674

$21,088,674 $21,088,674 $21,088,674

138.1 Eliminate funds from summer remediation grants. (H and CC:NO; Maintain Summer Remediation as a program targeting funds to low-achieving Middle School students instead of redirecting funds to the Quality Basic Education (QBE) program)

State General Funds

($1,400,000)

$0 ($1,400,000)

$0

138.2 Increase funds for classroom cards from $10,000,000 to $11,213,500 for additional teachers and provide one card per school media center.

State General Funds

$1,213,500

$1,213,500

$1,213,500

$1,213,500

138.3 Reduce funds for one-hundred twenty principals (from one-hundred fifty to thirty) at $15,000 per eligible principal to more accurately reflect anticipated participation in the program. (S and CC:Reduce to twenty-five principals)

State General Funds

($1,800,000) ($1,875,000) ($1,875,000)

138.4 Increase funds for local school systems for children in foster care to comply with SB618 (2006 Session) "Change Provisions of the Quality Basic Education Act for Children in Custody".

State General Funds

$4,011,247

$4,011,247

138.5 Increase funds for a Regional Agriculture Center for the Toombs County Board of Education. [One-Time Change]

State General Funds

$1,200,000

$1,200,000

138.99 CC: The purpose of this appropriation is to provide grants for purchasing cards for classroom supplies, to fund children in residential education facilities, to compensate high performance principals, to fund migrant education, sparsity, and low incidence special education, and provide grants for one-time projects for local education boards. Senate: The purpose of this appropriation is to provide grants for purchasing cards for classroom supplies, to fund children in

4512

JOURNAL OF THE HOUSE

residential education facilities, to compensate high performance principals, to fund migrant education, sparsity, and low incidence special education, and build a regional agriculture center in Toombs County.

State General Funds

$0

$0

138.0Non Quality Basic Education Formula Grants

Appropriation (HB 95)

The purpose of this appropriation is to provide grants for purchasing cards for classroom supplies, to fund children in residential education facilities, to compensate high performance principals, to fund migrant education, sparsity, and low incidence special education, and provide grants for one-time projects for local education boards.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$20,902,174 $20,902,174 $20,902,174

$20,502,174 $20,502,174 $20,502,174

$24,238,421 $24,238,421 $24,238,421

$25,638,421 $25,638,421 $25,638,421

Nutrition

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$37,523,884 $37,523,884 $188,375,722 $188,375,722 $225,899,606

$37,523,884 $37,523,884 $188,375,722 $188,375,722 $225,899,606

$37,523,884 $37,523,884 $188,375,722 $188,375,722 $225,899,606

$37,523,884 $37,523,884 $188,375,722 $188,375,722 $225,899,606

139.1 Increase funds for a salary adjustment of 3% effective July 1, 2007. State General Funds

$1,220,503

$1,220,503

$1,220,503

$1,220,503

139.0 Nutrition

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS

$38,744,387 $38,744,387 $188,375,722

$38,744,387 $38,744,387 $188,375,722

$38,744,387 $38,744,387 $188,375,722

$38,744,387 $38,744,387 $188,375,722

FRIDAY, APRIL 20, 2007

4513

Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$188,375,722 $188,375,722 $188,375,722 $188,375,722 $227,120,109 $227,120,109 $227,120,109 $227,120,109

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 State General Funds
TOTAL PUBLIC FUNDS

$26,471,119 $26,471,119 $26,471,119

$26,471,119 $26,471,119 $26,471,119

$26,471,119 $26,471,119 $26,471,119

$26,471,119 $26,471,119 $26,471,119

140.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$237,248

$237,248

$237,248

$237,248

140.2 Increase funds for a salary adjustment of 3% effective September 1, 2007.

State General Funds

$906,024

$906,024

$906,024

$906,024

140.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 18.534% for teachers.

State General Funds

$431,346

$431,346

$431,346

$431,346

140.4 Increase funds for enrollment increases.

State General Funds

$1,089,418

$1,089,418

$1,089,418

$1,089,418

140.0Preschool Handicapped

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$29,135,155 $29,135,155 $29,135,155

$29,135,155 $29,135,155 $29,135,155

$29,135,155 $29,135,155 $29,135,155

$29,135,155 $29,135,155 $29,135,155

Principal Supplements

Continuation Budget

The purpose of this appropriation is to provide a salary supplement to principals with additional responsibilities.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$5,361,125 $5,361,125 $5,361,125

$5,361,125 $5,361,125 $5,361,125

$5,361,125 $5,361,125 $5,361,125

$5,361,125 $5,361,125 $5,361,125

4514

JOURNAL OF THE HOUSE

141.1 Eliminate funds and reflect in the Quality Basic Education (QBE) program.

State General Funds

($5,361,125)

($5,361,125)

($5,361,125)

($5,361,125)

Pupil Transportation

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$166,452,130 $166,452,130 $166,452,130

$166,452,130 $166,452,130 $166,452,130

$166,452,130 $166,452,130 $166,452,130

$166,452,130 $166,452,130 $166,452,130

142.1 Increase funds for a salary adjustment of 3% effective July 1, 2007. State General Funds

$2,416,639

$2,416,639

$2,416,639

$2,416,639

142.0Pupil Transportation

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$168,868,769 $168,868,769 $168,868,769

$168,868,769 $168,868,769 $168,868,769

$168,868,769 $168,868,769 $168,868,769

$168,868,769 $168,868,769 $168,868,769

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 State General Funds
TOTAL PUBLIC FUNDS

$427,024,372 $427,024,372 $427,024,372

$427,024,372 $427,024,372 $427,024,372

$427,024,372 $427,024,372 $427,024,372

$427,024,372 $427,024,372 $427,024,372

143.1 Eliminate funds from the one-time grant for Jeff Davis County Schools.

State General Funds

($200,000)

($200,000)

($200,000)

($200,000)

143.2 Increase funds for Equalization Grants. (H and S:Reduce recommendation to reflect a correction in school tax revenue data)

State General Funds

$32,704,683 $31,499,444 $31,499,444 $31,499,444

FRIDAY, APRIL 20, 2007

4515

143.0Quality Basic Education Equalization

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$459,529,055 $459,529,055 $459,529,055

$458,323,816 $458,323,816 $458,323,816

$458,323,816 $458,323,816 $458,323,816

$458,323,816 $458,323,816 $458,323,816

Quality Basic Education Local Five Mill Share

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

($1,440,262,506) ($1,440,262,506) ($1,440,262,506) ($1,440,262,506) ($1,440,262,506) ($1,440,262,506) ($1,440,262,506) ($1,440,262,506) ($1,440,262,506) ($1,440,262,506) ($1,440,262,506) ($1,440,262,506)

144.1 Local Five Mill Share. State General Funds

($103,213,981) ($103,213,981) ($103,213,981) ($103,213,981)

144.0Quality Basic Education Local Five Mill Share

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

($1,543,476,487) ($1,543,476,487) ($1,543,476,487) ($1,543,476,487) ($1,543,476,487) ($1,543,476,487) ($1,543,476,487) ($1,543,476,487) ($1,543,476,487) ($1,543,476,487) ($1,543,476,487) ($1,543,476,487)

Quality Basic Education Program

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$7,419,025,063 $7,419,025,063 $7,419,025,063 $7,419,025,063 $7,419,025,063 $7,419,025,063 $7,419,025,063 $7,419,025,063 $7,419,025,063 $7,419,025,063 $7,419,025,063 $7,419,025,063

145.1 Annualize the cost of the FY07 salary adjustment. State General Funds

$44,233,928 $44,233,928 $44,233,928 $44,233,928

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JOURNAL OF THE HOUSE

145.2 Increase funds for a salary adjustment of 3% to the state base salary schedule for the State Board of Education effective September 1, 2007. This 3% adjustment is in addition to the 3% salary increase awarded to more than half of the certificated personnel through the normal progression on the teacher salary schedule.

State General Funds

$178,227,443 $178,227,443 $178,227,443 $178,227,443

145.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 18.534% for teachers.

State General Funds

$103,856,005 $103,856,005 $103,856,005 $103,856,005

145.4 Increase funds for enrollment growth of 2.65% ($152,589,582) and training and experience ($89,549,344).

State General Funds

$242,138,926 $242,138,926 $242,138,926 $242,138,926

145.5 Transfer funds for HB400 (2006 Session) from the Teachers' Retirement System (TRS) to properly reflect the employer rate increase for TRS members from 9.24% to 9.28%.

State General Funds

$1,758,150

$1,758,150

$1,758,150

$1,758,150

145.6 Increase funds for additional instruction. (H and CC:NO; Maintain Summer Remediation as a program targeting funds to low-achieving Middle School students instead of redirecting funds)

State General Funds

$1,400,000

$0

$1,400,000

$0

145.7 Transfer funds and activities from the Foreign Language program to increase funds for media materials from $13.03 to $15.31 per FTE for grades K-5 and provide foreign language materials for elementary students statewide. (H and S:Do not redirect from Foreign Language; use state general funds)

State General Funds

$1,590,857

$1,590,857

$1,590,857

$1,590,857

145.8 Increase funds to restore the austerity reduction. (S:Transfer funds to debt service to fund Capital Outlay Regular Funding and Exceptional Growth Funding at 100%)

State General Funds

$29,763,895 $29,763,895 $26,646,128 $26,646,128

145.9 Increase funds to restore austerity reductions ($32,903,149) to the Quality Basic Education funding formula including FY 2003 reductions to direct classroom expenses, including equipment, additional instruction, and maintenance and operations ($7,096,851). (S:Restore austerity reduction)

State General Funds

$40,000,000 $20,000,000

$0

145.10 Increase funds to correct an error in the middle school/middle grades FTE count for Paulding County.

State General Funds

$41,257

$41,257

$41,257

145.0Quality Basic Education Program

Appropriation (HB 95)

FRIDAY, APRIL 20, 2007

4517

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 State General Funds
TOTAL PUBLIC FUNDS

$8,021,994,267 $8,060,635,524 $8,038,917,757 $8,017,517,757 $8,021,994,267 $8,060,635,524 $8,038,917,757 $8,017,517,757 $8,021,994,267 $8,060,635,524 $8,038,917,757 $8,017,517,757

Regional Education Service Agencies

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$11,962,471 $11,962,471 $11,962,471

$11,962,471 $11,962,471 $11,962,471

$11,962,471 $11,962,471 $11,962,471

$11,962,471 $11,962,471 $11,962,471

146.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$52,126

$52,126

$52,126

$52,126

146.2 Increase funds for a salary adjustment of 3% effective September 1, 2007.

State General Funds

$300,447

$300,447

$300,447

$300,447

146.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 18.534% for teachers.

State General Funds

$143,039

$143,039

$143,039

$143,039

146.4 Transfer funds and Georgia Performance Standards (GPS) training responsibilities from the Georgia Youth Science and Technology program to provide comprehensive training and support to schools statewide. (H and S:NO; Partially restore funds and cut the remaining balance)

State General Funds

$689,203

$0

$0

$0

146.0Regional Education Service Agencies

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$13,147,286 $13,147,286 $13,147,286

$12,458,083 $12,458,083 $12,458,083

$12,458,083 $12,458,083 $12,458,083

$12,458,083 $12,458,083 $12,458,083

4518

JOURNAL OF THE HOUSE

School Improvement

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS

$11,636,228 $11,636,228
$100,000 $100,000 $100,000 $11,736,228

$11,636,228 $11,636,228
$100,000 $100,000 $100,000 $11,736,228

$11,636,228 $11,636,228
$100,000 $100,000 $100,000 $11,736,228

$11,636,228 $11,636,228
$100,000 $100,000 $100,000 $11,736,228

147.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$91,493

$91,493

$91,493

147.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$132,611

$132,611

$132,611

147.3 Reduce funds from operations.

State General Funds

($400,000)

($400,000)

($400,000)

147.4 Eliminate contract funds for Graduation Counts Summit speakers.

State General Funds

($25,000)

($25,000)

147.5 Eliminate contract funds for travel and registration for the Graduation Counts Summit.

State General Funds

($155,000)

($155,000)

147.6 Eliminate contract funds for Coastal Plains Regional Education Service Agency (RESA) Standards.

State General Funds

($48,000)

($48,000)

147.7 Eliminate contract funds to Fulton Stone.

State General Funds

($10,000)

($10,000)

147.8 Eliminate contract funds for professional editing services of training materials.

State General Funds

($10,000)

($10,000)

147.0School Improvement

Appropriation (HB 95)

$91,493 $132,611 ($400,000) ($25,000) ($155,000) ($48,000) ($10,000) ($10,000)

FRIDAY, APRIL 20, 2007

4519

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 State General Funds
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS

$11,460,332 $11,460,332
$100,000 $100,000 $100,000 $11,560,332

$11,212,332 $11,212,332
$100,000 $100,000 $100,000 $11,312,332

$11,212,332 $11,212,332
$100,000 $100,000 $100,000 $11,312,332

$11,212,332 $11,212,332
$100,000 $100,000 $100,000 $11,312,332

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 State General Funds Tobacco Settlement Funds
TOTAL PUBLIC FUNDS

$30,000,000 $0
$30,000,000 $30,000,000

$30,000,000 $0
$30,000,000 $30,000,000

$30,000,000 $0
$30,000,000 $30,000,000

$30,000,000 $0
$30,000,000 $30,000,000

148.1 Replace funds.
State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS

$30,000,000 ($30,000,000)
$0

$30,000,000 ($30,000,000)
$0

$30,000,000 ($30,000,000)
$0

$30,000,000 ($30,000,000)
$0

148.0School Nurses

Appropriation (HB 95)

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 State General Funds
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

Severely Emotionally Disturbed

Continuation Budget

The purpose of this appropriation is to provide statewide services to parents and educators of students with disabilities.

4520

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$67,834,466 $67,834,466 $7,724,112 $7,724,112 $75,558,578

$67,834,466 $67,834,466 $7,724,112 $7,724,112 $75,558,578

$67,834,466 $67,834,466 $7,724,112 $7,724,112 $75,558,578

$67,834,466 $67,834,466 $7,724,112 $7,724,112 $75,558,578

149.1 Annualize the cost of the FY07 salary adjustment. (S and CC:Utilize federal funds)

State General Funds Federal Funds Not Itemized

$303,650

$303,650

$303,650

$303,650

149.2 Increase funds for a salary adjustment of 3% effective September 1, 2007. (S and CC:Utilize federal funds)

State General Funds Federal Funds Not Itemized

$1,451,700

$1,451,700

$1,451,700

$1,451,700

149.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 18.534% for teachers. (S and CC:Utilize federal funds)

State General Funds Federal Funds Not Itemized

$691,136

$691,136

$691,136

$691,136

149.4 Increase funds for additional behavior support specialist positions.

Federal Funds Not Itemized

$3,189,260

$3,189,260

$3,189,260

$3,189,260

149.0Severely Emotionally Disturbed

Appropriation (HB 95)

The purpose of this appropriation is to provide statewide services to parents and educators of students with disabilities.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$70,280,952 $70,280,952 $10,913,372 $10,913,372 $81,194,324

$70,280,952 $70,280,952 $10,913,372 $10,913,372 $81,194,324

$67,834,466 $67,834,466 $13,359,858 $13,359,858 $81,194,324

$67,834,466 $67,834,466 $13,359,858 $13,359,858 $81,194,324

State Interagency Transfers

Continuation Budget

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.

FRIDAY, APRIL 20, 2007

4521

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
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

$251,591,693 $251,591,693 $18,888,697 $18,888,697 $270,480,390

150.1 Increase funds for health insurance for non-certificated personnel to reflect an adjustment in the State Health Benefit Plan (SHBP) per member/per month rates.

State General Funds

$36,683,458 $36,683,458 $36,683,458 $36,683,458

150.0State Interagency Transfers

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$288,275,151 $288,275,151 $18,888,697 $18,888,697 $307,163,848

$288,275,151 $288,275,151 $18,888,697 $18,888,697 $307,163,848

$288,275,151 $288,275,151 $18,888,697 $18,888,697 $307,163,848

$288,275,151 $288,275,151 $18,888,697 $18,888,697 $307,163,848

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 State General Funds
TOTAL PUBLIC FUNDS

$26,502,770 $26,502,770 $26,502,770

$26,502,770 $26,502,770 $26,502,770

$26,502,770 $26,502,770 $26,502,770

$26,502,770 $26,502,770 $26,502,770

151.1 Transfer funds and activities to the Georgia Learning Resources System program (GLRS) to provide targeted training for teachers of students with disabilities. (S:Transfer to the Non-Quality Basic Education Formula Grants program for children in residential education facilities)

State General Funds

($2,100,000) ($2,100,000) ($2,100,000) ($2,100,000)

151.2 Eliminate funds and transfer to the Quality Basic Education (QBE) program.

State General Funds

($24,402,770) ($24,402,770) ($24,402,770) ($24,402,770)

4522

JOURNAL OF THE HOUSE

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 State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$20,198,593 $20,198,593
$932,715 $828,560 $828,560 $104,155 $104,155 $21,131,308

$20,198,593 $20,198,593
$932,715 $828,560 $828,560 $104,155 $104,155 $21,131,308

$20,198,593 $20,198,593
$932,715 $828,560 $828,560 $104,155 $104,155 $21,131,308

$20,198,593 $20,198,593
$932,715 $828,560 $828,560 $104,155 $104,155 $21,131,308

152.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$149,240

$149,240

$149,240

$149,240

152.2 Increase funds for a salary adjustment of 3% effective September 1, 2007.

State General Funds

$446,019

$446,019

$446,019

$446,019

152.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$811,514

$811,514

$811,514

$811,514

152.4 Increase funds for Minor Repairs and Renovations (MRR) at the three state schools. [One-Time Change]

State General Funds

$400,000

$600,000

$600,000

$600,000

152.5 Increase funds for additional travel expenses for the Georgia Parent Infant Network for Educational Services (PINES) to continue providing services to families of infants and toddlers with sensory impairments.

State General Funds

$64,000

$64,000

$64,000

$64,000

152.6 Increase funds for five instructors at the Atlanta Area School for the Deaf based on increased enrollment.

State General Funds

$202,484

$202,484

$202,484

$202,484

152.7 Increase funds for training and experience pay for state school teachers.

State General Funds

$127,656

$127,656

$127,656

$127,656

152.8 Increase funds to purchase textbooks and instructional materials for the Georgia Academy for the Blind. [One-Time Change]

State General Funds

$100,000

$100,000

FRIDAY, APRIL 20, 2007

4523

152.0State Schools

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$22,399,506 $22,399,506
$932,715 $828,560 $828,560 $104,155 $104,155 $23,332,221

$22,599,506 $22,599,506
$932,715 $828,560 $828,560 $104,155 $104,155 $23,532,221

$22,699,506 $22,699,506
$932,715 $828,560 $828,560 $104,155 $104,155 $23,632,221

$22,699,506 $22,699,506
$932,715 $828,560 $828,560 $104,155 $104,155 $23,632,221

Technology/Career Education

Continuation Budget

The purpose of this appropriation is to equip students with academic, technical and leadership skills.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$15,954,386 $15,954,386 $20,606,546 $20,606,546 $4,009,567 $4,009,567 $4,009,567 $40,570,499

$15,954,386 $15,954,386 $20,606,546 $20,606,546 $4,009,567 $4,009,567 $4,009,567 $40,570,499

$15,954,386 $15,954,386 $20,606,546 $20,606,546 $4,009,567 $4,009,567 $4,009,567 $40,570,499

$15,954,386 $15,954,386 $20,606,546 $20,606,546 $4,009,567 $4,009,567 $4,009,567 $40,570,499

153.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$72,070

$72,070

$72,070

$72,070

153.2 Increase funds for a salary adjustment of 3% effective September 1, 2007.

State General Funds

$238,136

$238,136

$238,136

$238,136

153.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 18.534% for teachers.

State General Funds

$113,373

$113,373

$113,373

$113,373

4524

JOURNAL OF THE HOUSE

153.4 Authorize the Georgia State Financing and Investment Commission to redirect $11 million - the balance of $468 million approved April 24, 2001 as House Bill 139, Act No. 212 for public school capital outlay - for the purchase of vocational and agricultural equipment for new schools. (S:Move to issued bonds)(CC:YES)

State General Funds

$0

$0

$0

153.0Technology/Career Education

Appropriation (HB 95)

The purpose of this appropriation is to equip students with academic, technical and leadership skills.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$16,377,965 $16,377,965 $20,606,546 $20,606,546 $4,009,567 $4,009,567 $4,009,567 $40,994,078

$16,377,965 $16,377,965 $20,606,546 $20,606,546 $4,009,567 $4,009,567 $4,009,567 $40,994,078

$16,377,965 $16,377,965 $20,606,546 $20,606,546 $4,009,567 $4,009,567 $4,009,567 $40,994,078

$16,377,965 $16,377,965 $20,606,546 $20,606,546 $4,009,567 $4,009,567 $4,009,567 $40,994,078

Testing

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$20,459,829 $20,459,829 $10,454,191 $10,454,191 $30,914,020

$20,459,829 $20,459,829 $10,454,191 $10,454,191 $30,914,020

$20,459,829 $20,459,829 $10,454,191 $10,454,191 $30,914,020

$20,459,829 $20,459,829 $10,454,191 $10,454,191 $30,914,020

154.1 Increase funds for Advanced Placement (AP) ($2,234,974) and the Preliminary Scholastic Assessment Test (PSAT) ($169,142) to reflect a higher number of students taking these exams.

State General Funds

$2,404,116

$2,404,116

$2,404,116

$2,404,116

154.2 Increase funds to implement the revised Georgia Kindergarten Assessment Program (GKAP) to meet the new curriculum standards.

State General Funds

$175,000

$175,000

$175,000

$175,000

FRIDAY, APRIL 20, 2007

4525

154.3 Increase funds to pay for college entrance exams. (H and S:Transfer recommended funds from the Dropout Prevention program and reduce funds to reflect that not all SAT or ACT test takers will meet other program expectations including demonstrated use of SAT prep software, registration with GA College 411, and other proposed program requirements)

State General Funds

$1,250,000

$1,250,000

$1,250,000

154.4 Provide funding toward Advanced Placement Exams for private school students on the same basis as public school students.

State General Funds

$354,075

$0

$354,075

154.0 Testing

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$23,038,945 $23,038,945 $10,454,191 $10,454,191 $33,493,136

$24,643,020 $24,643,020 $10,454,191 $10,454,191 $35,097,211

$24,288,945 $24,288,945 $10,454,191 $10,454,191 $34,743,136

$24,643,020 $24,643,020 $10,454,191 $10,454,191 $35,097,211

Tuition for Multi-Handicapped

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$1,658,859 $1,658,859 $1,658,859

$1,658,859 $1,658,859 $1,658,859

$1,658,859 $1,658,859 $1,658,859

$1,658,859 $1,658,859 $1,658,859

155.0Tuition for Multi-Handicapped

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$1,658,859 $1,658,859 $1,658,859

$1,658,859 $1,658,859 $1,658,859

$1,658,859 $1,658,859 $1,658,859

$1,658,859 $1,658,859 $1,658,859

4526

JOURNAL OF THE HOUSE

The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,643.33. 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 State General Funds
TOTAL AGENCY FUNDS Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

$8,083,095 $8,083,095 $2,516,963 $2,516,963 $17,327,126 $17,327,126 $27,927,184

$8,083,095 $8,083,095 $2,516,963 $2,516,963 $17,327,126 $17,327,126 $27,927,184

$8,083,095 $8,083,095 $2,516,963 $2,516,963 $17,327,126 $17,327,126 $27,927,184

$8,083,095 $8,083,095 $2,516,963 $2,516,963 $17,327,126 $17,327,126 $27,927,184

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

$3,230,801 $3,230,801 $2,559,098 $2,559,098 $17,704,149 $17,704,149 $23,494,048

Section Total - Final

$4,655,801 $4,655,801 $2,559,098 $2,559,098 $17,704,149 $17,704,149 $24,919,048

$5,807,801 $5,807,801 $2,559,098 $2,559,098 $17,710,149 $17,710,149 $26,077,048

$4,674,801 $4,674,801 $2,559,098 $2,559,098 $17,710,149 $17,710,149 $24,944,048

Deferred Compensation

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $2,516,963 $2,516,963 $2,516,963 $2,516,963

$0 $0 $2,516,963 $2,516,963 $2,516,963 $2,516,963

$0 $0 $2,516,963 $2,516,963 $2,516,963 $2,516,963

$0 $0 $2,516,963 $2,516,963 $2,516,963 $2,516,963

156.1 Increase funds for the outsourcing of the administration function of the Peach State Reserves.

FRIDAY, APRIL 20, 2007

4527

Sales and Services Not Itemized

$42,135

$42,135

$42,135

$42,135

156.0Deferred Compensation

Appropriation (HB 95)

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 Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$2,559,098 $2,559,098 $2,559,098 $2,559,098

$2,559,098 $2,559,098 $2,559,098 $2,559,098

$2,559,098 $2,559,098 $2,559,098 $2,559,098

$2,559,098 $2,559,098 $2,559,098 $2,559,098

Georgia Military Pension Fund

Continuation Budget

The purpose of this appropriation is to provide retirement allowances and other benefits for members of the Georgia National Guard.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,005,099 $1,005,099 $1,005,099

$1,005,099 $1,005,099 $1,005,099

$1,005,099 $1,005,099 $1,005,099

$1,005,099 $1,005,099 $1,005,099

157.1 Increase funds for the Georgia Military Pension Fund to the level required by the latest actuarial report.

State General Funds

$97,974

$97,974

$97,974

$97,974

157.0Georgia Military Pension Fund

Appropriation (HB 95)

The purpose of this appropriation is to provide retirement allowances and other benefits for members of the Georgia National Guard.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,103,073 $1,103,073 $1,103,073

$1,103,073 $1,103,073 $1,103,073

$1,103,073 $1,103,073 $1,103,073

$1,103,073 $1,103,073 $1,103,073

System Administration

Continuation Budget

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 2008

TOTAL STATE FUNDS State General Funds

$6,000 $6,000

$6,000 $6,000

$6,000 $6,000

$6,000 $6,000

4528

JOURNAL OF THE HOUSE

TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments
TOTAL PUBLIC FUNDS

$17,327,126 $17,327,126 $17,327,126 $17,333,126

$17,327,126 $17,327,126 $17,327,126 $17,333,126

$17,327,126 $17,327,126 $17,327,126 $17,333,126

$17,327,126 $17,327,126 $17,327,126 $17,333,126

158.1 Annualize the cost of the FY07 salary adjustment.

Retirement Payments

$85,301

$85,301

$85,301

$85,301

158.2 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

Retirement Payments

$260,916

$260,916

$260,916

$260,916

158.3 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

Retirement Payments

$30,806

$30,806

$30,806

$30,806

158.4 Replace funds.

State General Funds Retirement Payments TOTAL PUBLIC FUNDS

($6,000) $6,000
$0

($6,000) $6,000
$0

158.99 CC: 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. Senate: 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.

Retirement Payments

$0

$0

158.0System Administration

Appropriation (HB 95)

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.

FRIDAY, APRIL 20, 2007

4529

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments
TOTAL PUBLIC FUNDS

$6,000 $6,000 $17,704,149 $17,704,149 $17,704,149 $17,710,149

$6,000 $6,000 $17,704,149 $17,704,149 $17,704,149 $17,710,149

$17,710,149 $17,710,149 $17,710,149 $17,710,149

$17,710,149 $17,710,149 $17,710,149 $17,710,149

Public School Employees Retirement System

Continuation Budget

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 $23.35 per member for State Fiscal Year 2008.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$7,071,996 $7,071,996 $7,071,996

$7,071,996 $7,071,996 $7,071,996

$7,071,996 $7,071,996 $7,071,996

$7,071,996 $7,071,996 $7,071,996

159.1 Reduce funds to the level required by the latest actuarial report.

State General Funds

($4,950,268) ($4,950,268) ($4,950,268) ($4,950,268)

159.2 Increase funds to raise the benefit accrual rate for each year of service by $0.25 per month to bring the rate from $14.00 to $14.25. (S and CC:Increase rate from $14.00 to $14.50)

State General Funds

$1,425,000

$2,583,000

$1,450,000

159.99 CC: 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 the Public School Employees' Retirement System shall not exceed $41.80. Senate: 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 the Public School Employees' Retirement System shall not exceed $41.80.

State General Funds 159.0Public School Employees Retirement System

$0

$0

Appropriation (HB 95)

4530

JOURNAL OF THE HOUSE

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 the Public School Employees' Retirement System shall not exceed $41.80.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,121,728 $2,121,728 $2,121,728

$3,546,728 $3,546,728 $3,546,728

$4,704,728 $4,704,728 $4,704,728

$3,571,728 $3,571,728 $3,571,728

Section 25: Forestry Commission, State

Section Total - Continuation

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

$33,914,092 $33,914,092
$822,000 $822,000 $4,978,638 $139,500 $4,839,138 $39,714,730

$33,914,092 $33,914,092
$822,000 $822,000 $4,978,638 $139,500 $4,839,138 $39,714,730

$33,914,092 $33,914,092
$822,000 $822,000 $4,978,638 $139,500 $4,839,138 $39,714,730

$33,914,092 $33,914,092
$822,000 $822,000 $4,978,638 $139,500 $4,839,138 $39,714,730

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

$38,054,852 $38,054,852
$822,000 $822,000 $4,810,483 $139,500 $4,670,983 $43,687,335

Section Total - Final

$37,985,772 $37,985,772
$822,000 $822,000 $4,810,483 $139,500 $4,670,983 $43,618,255

$37,140,677 $37,140,677
$822,000 $822,000 $4,810,483 $139,500 $4,670,983 $42,773,160

$37,140,677 $37,140,677
$822,000 $822,000 $4,810,483 $139,500 $4,670,983 $42,773,160

Commission Administration

Continuation Budget

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.

FRIDAY, APRIL 20, 2007

4531

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$4,491,830 $4,491,830
$173,027 $173,027 $173,027 $4,664,857

$4,491,830 $4,491,830
$173,027 $173,027 $173,027 $4,664,857

$4,491,830 $4,491,830
$173,027 $173,027 $173,027 $4,664,857

$4,491,830 $4,491,830
$173,027 $173,027 $173,027 $4,664,857

160.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$21,530

$21,530

$21,530

$21,530

160.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$34,463

$34,463

$34,463

$34,463

160.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$83,583

$83,583

$83,583

$83,583

160.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$27,091

$27,091

$27,091

$27,091

160.5 Increase funds to address ongoing facilities maintenance needs. (S and CC:Move to bonds)

State General Funds

$860,000

$290,920

$0

$0

160.6 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations.

State General Funds

($38,137)

($38,137)

($38,137)

($38,137)

160.7 Increase funds to replace the annual debt service payment from the Herty Advanced Materials Development Center.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$168,155 ($168,155)
$0

$168,155 ($168,155)
$0

$168,155 ($168,155)
$0

$168,155 ($168,155)
$0

160.8 Reduce funds from operations.

State General Funds

($248,449)

($248,449)

($248,449)

($248,449)

160.0Commission Administration

Appropriation (HB 95)

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.

4532

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$5,400,066 $5,400,066
$4,872 $4,872 $4,872 $5,404,938

$4,830,986 $4,830,986
$4,872 $4,872 $4,872 $4,835,858

$4,540,066 $4,540,066
$4,872 $4,872 $4,872 $4,544,938

$4,540,066 $4,540,066
$4,872 $4,872 $4,872 $4,544,938

Forest Management

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS 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

$3,181,270 $3,181,270
$552,000 $552,000 $627,500 $125,000 $125,000 $502,500 $502,500 $4,360,770

$3,181,270 $3,181,270
$552,000 $552,000 $627,500 $125,000 $125,000 $502,500 $502,500 $4,360,770

$3,181,270 $3,181,270
$552,000 $552,000 $627,500 $125,000 $125,000 $502,500 $502,500 $4,360,770

$3,181,270 $3,181,270
$552,000 $552,000 $627,500 $125,000 $125,000 $502,500 $502,500 $4,360,770

161.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$24,912

$24,912

$24,912

$24,912

161.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$54,745

$54,745

$54,745

$54,745

161.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$132,769

$132,769

$132,769

$132,769

161.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$49,023

$49,023

$49,023

$49,023

161.5 Increase funds for operations.

FRIDAY, APRIL 20, 2007

4533

State General Funds

$248,449

$248,449

$248,449

$248,449

161.99 CC: The purpose of this appropriation is to provide forestry inventory data, manage state-owned forests, provide technical assistance on forest health and water quality issues to forest landowners, administer federal forestry programs, assist communities with management of forested greenspace, market forestry products and provide technical assistance to the forestry industry. Senate: The purpose of this appropriation is to provide forestry inventory data, manage state-owned forests, provide technical assistance on forest health and water quality issues to forest landowners, administer federal forestry programs, assist communities with management of forested greenspace, market forestry products and provide technical assistance to the forestry industry. House: The purpose of this appropriation is to provide forestry inventory data, manage state-owned forests, provide technical assistance on forest health and water quality issues to forest landowners, administer federal forestry programs, assist communities with management of forested greenspace, market forestry products and provide technical assistance to the forestry industry. Governor: Provide forestry inventory data, manage state-owned forests, provide technical assistance on forest health and water quality issues to forest landowners, administer federal forestry programs, assist communities with management of forested greenspace, market forestry products and provide technical assistance to the forestry industry.

State General Funds

$0

$0

$0

$0

161.0Forest Management

Appropriation (HB 95)

The purpose of this appropriation is to provide forestry inventory data, manage state-owned forests, provide technical assistance on forest health and water quality issues to forest landowners, administer federal forestry programs, assist communities with management of forested greenspace, market forestry products and provide technical assistance to the forestry industry.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS 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

$3,691,168 $3,691,168
$552,000 $552,000 $627,500 $125,000 $125,000 $502,500 $502,500 $4,870,668

$3,691,168 $3,691,168
$552,000 $552,000 $627,500 $125,000 $125,000 $502,500 $502,500 $4,870,668

$3,691,168 $3,691,168
$552,000 $552,000 $627,500 $125,000 $125,000 $502,500 $502,500 $4,870,668

$3,691,168 $3,691,168
$552,000 $552,000 $627,500 $125,000 $125,000 $502,500 $502,500 $4,870,668

4534

JOURNAL OF THE HOUSE

Forest Protection

The purpose of this appropriation is to protect the public and forest resources.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS 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

$26,346,446 $26,346,446
$200,000 $200,000 $2,676,611
$13,000 $13,000 $2,663,611 $2,663,611 $29,223,057

Continuation Budget

$26,346,446 $26,346,446
$200,000 $200,000 $2,676,611
$13,000 $13,000 $2,663,611 $2,663,611 $29,223,057

$26,346,446 $26,346,446
$200,000 $200,000 $2,676,611
$13,000 $13,000 $2,663,611 $2,663,611 $29,223,057

$26,346,446 $26,346,446
$200,000 $200,000 $2,676,611
$13,000 $13,000 $2,663,611 $2,663,611 $29,223,057

162.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$258,364

$258,364

$258,364

$258,364

162.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$306,563

$306,563

$306,563

$306,563

162.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$743,493

$743,493

$743,493

$743,493

162.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$354,768

$354,768

$354,768

$354,768

162.5 Increase funds for ongoing equipment maintenance needs to ensure firefighter readiness.

State General Funds

$979,622

$979,622

$979,622

$979,622

162.6 Increase funds for crawlers, environmental cab kits and other equipment needs. (S:Move to bonds)

State General Funds

$500,000

$0

$0

162.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to increase funds for operations.(G:YES)(H:YES)

State General Funds

$38,137

$38,137

$0

$0

FRIDAY, APRIL 20, 2007

4535

162.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($16,038) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($16,038)

($16,038)

162.99 CC: The purpose of this appropriation is to protect the public and forest resources by detecting and suppressing forest fires, assisting landowners with fire prevention techniques, educating the public about the dangers of wildfires, and providing programs to support rural fire departments. Senate: The purpose of this appropriation is to protect the public and forest resources by detecting and suppressing forest fires, assisting landowners with fire prevention techniques, educating the public about the dangers of wildfires, and providing programs to support rural fire departments. House: The purpose of this appropriation is to protect the public and forest resources by detecting and suppressing forest fires, assisting landowners with fire prevention techniques, educating the public about the dangers of wildfires, and providing programs to support rural fire departments. Governor: Protect the public and forest resources by detecting and suppressing forest fires, assisting landowners with fire prevention techniques, educating the public about the dangers of wildfires, and providing programs to support rural fire departments.

State General Funds

$0

$0

$0

$0

162.0Forest Protection

Appropriation (HB 95)

The purpose of this appropriation is to protect the public and forest resources by detecting and suppressing forest fires, assisting landowners with fire prevention techniques, educating the public about the dangers of wildfires, and providing programs to support rural fire departments.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS 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

$29,027,393 $29,027,393
$200,000 $200,000 $2,676,611
$13,000 $13,000 $2,663,611 $2,663,611 $31,904,004

$29,527,393 $29,527,393
$200,000 $200,000 $2,676,611
$13,000 $13,000 $2,663,611 $2,663,611 $32,404,004

$28,973,218 $28,973,218
$200,000 $200,000 $2,676,611
$13,000 $13,000 $2,663,611 $2,663,611 $31,849,829

$28,973,218 $28,973,218
$200,000 $200,000 $2,676,611
$13,000 $13,000 $2,663,611 $2,663,611 $31,849,829

4536

JOURNAL OF THE HOUSE

Tree Improvement

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$118,659 $118,659 $118,659

$118,659 $118,659 $118,659

$118,659 $118,659 $118,659

$118,659 $118,659 $118,659

163.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$615

$615

$615

$615

163.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$606

$606

$606

$606

163.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$1,469

$1,469

$1,469

$1,469

163.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$645

$645

$645

$645

163.99 CC: The purpose of this appropriation is to provide Georgia's landowners with genetically superior seedlings to ensure increased volume and superior quality of trees grown. Senate: The purpose of this appropriation is to provide Georgia's landowners with genetically superior seedlings to ensure increased volume and superior quality of trees grown. House: The purpose of this appropriation is to provide Georgia's landowners with genetically superior seedlings to ensure increased volume and superior quality of trees grown. Governor: Provide Georgia's landowners with genetically superior seedlings to ensure increased volume and superior quality of trees grown.

State General Funds

$0

$0

$0

$0

163.0Tree Improvement

Appropriation (HB 95)

The purpose of this appropriation is to provide Georgia's landowners with genetically superior seedlings to ensure increased volume and superior quality of trees grown.

FRIDAY, APRIL 20, 2007

4537

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$121,994 $121,994 $121,994

$121,994 $121,994 $121,994

$121,994 $121,994 $121,994

$121,994 $121,994 $121,994

Tree Seedling Nursery

Continuation Budget

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS 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

($224,113) ($224,113)
$70,000 $70,000 $1,501,500 $1,500 $1,500 $1,500,000 $1,500,000 $1,347,387

($224,113) ($224,113)
$70,000 $70,000 $1,501,500 $1,500 $1,500 $1,500,000 $1,500,000 $1,347,387

($224,113) ($224,113)
$70,000 $70,000 $1,501,500 $1,500 $1,500 $1,500,000 $1,500,000 $1,347,387

($224,113) ($224,113)
$70,000 $70,000 $1,501,500 $1,500 $1,500 $1,500,000 $1,500,000 $1,347,387

164.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$2,153

$2,153

$2,153

$2,153

164.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$7,176

$7,176

$7,176

$7,176

164.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$17,404

$17,404

$17,404

$17,404

164.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$11,611

$11,611

$11,611

$11,611

164.0Tree Seedling Nursery

Appropriation (HB 95)

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.

4538

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS 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

($185,769) ($185,769)
$70,000 $70,000 $1,501,500 $1,500 $1,500 $1,500,000 $1,500,000 $1,385,731

($185,769) ($185,769)
$70,000 $70,000 $1,501,500 $1,500 $1,500 $1,500,000 $1,500,000 $1,385,731

($185,769) ($185,769)
$70,000 $70,000 $1,501,500 $1,500 $1,500 $1,500,000 $1,500,000 $1,385,731

($185,769) ($185,769)
$70,000 $70,000 $1,501,500 $1,500 $1,500 $1,500,000 $1,500,000 $1,385,731

The above appropriations reflect annual debt service payments from the Herty Advanced Materials Development Center in an amount of $168,155 for year 16 of 20 years, last payment being made June 1, 2011.

Section 26: Governor, Office of the

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Sales and Services Sanctions, Fines, and Penalties
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

$41,076,593 $41,076,593 $5,552,103 $5,552,103
$738,220 $10,000
$560,531 $167,689 $147,325 $147,325 $47,514,241

$41,076,593 $41,076,593 $5,552,103 $5,552,103
$738,220 $10,000
$560,531 $167,689 $147,325 $147,325 $47,514,241

$41,076,593 $41,076,593 $5,552,103 $5,552,103
$738,220 $10,000
$560,531 $167,689 $147,325 $147,325 $47,514,241

$41,076,593 $41,076,593 $5,552,103 $5,552,103
$738,220 $10,000
$560,531 $167,689 $147,325 $147,325 $47,514,241

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized

$46,974,117 $46,974,117 $5,552,103 $5,552,103

Section Total - Final

$45,129,009 $45,129,009 $5,552,103 $5,552,103

$46,716,383 $46,716,383 $5,552,103 $5,552,103

$46,716,383 $46,716,383 $5,552,103 $5,552,103

FRIDAY, APRIL 20, 2007

4539

TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Sales and Services Sanctions, Fines, and Penalties
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

$738,220 $10,000
$560,531 $167,689 $147,325 $147,325 $53,411,765

$738,220 $10,000
$560,531 $167,689 $147,325 $147,325 $51,566,657

$738,220 $10,000
$560,531 $167,689 $147,325 $147,325 $53,154,031

$738,220 $10,000
$560,531 $167,689 $147,325 $147,325 $53,154,031

Governor's Emergency Fund

Continuation Budget

The purpose of this appropriation is to provide emergency funds to draw on when disasters create extraordinary demands on

government.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,469,576 $3,469,576 $3,469,576

$3,469,576 $3,469,576 $3,469,576

$3,469,576 $3,469,576 $3,469,576

$3,469,576 $3,469,576 $3,469,576

165.0Governor's Emergency Fund

Appropriation (HB 95)

The purpose of this appropriation is to provide emergency funds to draw on when disasters create extraordinary demands on government.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,469,576 $3,469,576 $3,469,576

$3,469,576 $3,469,576 $3,469,576

$3,469,576 $3,469,576 $3,469,576

$3,469,576 $3,469,576 $3,469,576

Governor's Office

Continuation Budget

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

per OCGA 45-7-4 shall be $40,000.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$5,244,359 $5,244,359 $5,244,359

$5,244,359 $5,244,359 $5,244,359

$5,244,359 $5,244,359 $5,244,359

$5,244,359 $5,244,359 $5,244,359

166.1 Annualize the cost of the FY07 salary adjustment. State General Funds

$95,914

$95,914

$95,914

$95,914

4540

JOURNAL OF THE HOUSE

166.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$61,759

$61,759

$61,759

$61,759

166.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$180,603

$180,603

$180,603

$180,603

166.4 Reduce one-time funds for the gubernatorial transition.

State General Funds

($50,000)

($50,000)

($50,000)

($50,000)

166.5 Increase funds for the Governor's Litigation Fund for known legal expenses of the executive branch agencies. [One-Time
Change]

State General Funds

$2,150,000

$2,150,000

166.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($20,505) for the Governor's Intern Program. (G:YES)(H:YES)

State General Funds

$0

$0

($20,505)

($20,505)

166.97 Realize Georgia Technology Authority (GTA) savings ($8,802) through rate renegotiations to utilize funds for the Governor's Intern Program. (G:YES)(H:YES)

State General Funds

$0

$0

($8,802)

($8,802)

166.0Governor's Office

Appropriation (HB 95)

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 per OCGA 45-7-4 shall be $40,000.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$5,532,635 $5,532,635 $5,532,635

$5,532,635 $5,532,635 $5,532,635

$7,653,328 $7,653,328 $7,653,328

$7,653,328 $7,653,328 $7,653,328

Arts, Georgia Council for the

Continuation Budget

The purpose of this appropriation is to provide general operation support and project support grants for art organizations.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized

$3,980,960 $3,980,960
$659,400 $659,400

$3,980,960 $3,980,960
$659,400 $659,400

$3,980,960 $3,980,960
$659,400 $659,400

$3,980,960 $3,980,960
$659,400 $659,400

FRIDAY, APRIL 20, 2007

4541

TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS

$10,000 $10,000 $10,000 $4,650,360

$10,000 $10,000 $10,000 $4,650,360

$10,000 $10,000 $10,000 $4,650,360

$10,000 $10,000 $10,000 $4,650,360

167.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$1,773

$1,773

$1,773

$1,773

167.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$7,350

$7,350

$7,350

$7,350

167.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$22,265

$22,265

$22,265

$22,265

167.4 Reduce one-time funds received in HB1027 (FY07) for a federally mandated strategic plan.

State General Funds

($73,400)

($73,400)

($73,400)

($73,400)

167.5 Increase funds to create the Georgia Arts Alliance Trust fund for HB291 (2007 Session).

State General Funds

$200,000

$0

$0

$0

167.6 Increase funds for the Grassroots Arts Program.

State General Funds

$250,000

$250,000

167.0Arts, Georgia Council for the

Appropriation (HB 95)

The purpose of this appropriation is to provide general operation support and project support grants for art organizations.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS

$4,138,948 $4,138,948
$659,400 $659,400
$10,000 $10,000 $10,000 $4,808,348

$3,938,948 $3,938,948
$659,400 $659,400
$10,000 $10,000 $10,000 $4,608,348

$4,188,948 $4,188,948
$659,400 $659,400
$10,000 $10,000 $10,000 $4,858,348

$4,188,948 $4,188,948
$659,400 $659,400
$10,000 $10,000 $10,000 $4,858,348

Child Advocate, Office of the

Continuation Budget

4542

JOURNAL OF THE HOUSE

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 State General Funds
TOTAL PUBLIC FUNDS

$743,198 $743,198 $743,198

$743,198 $743,198 $743,198

$743,198 $743,198 $743,198

$743,198 $743,198 $743,198

168.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$6,245

$6,245

$6,245

$6,245

168.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$9,534

$9,534

$9,534

$9,534

168.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$24,942

$24,942

$24,942

$24,942

168.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($684) for electronic document software. (G:YES)(H:YES)

State General Funds

$0

$0

($684)

($684)

168.0Child Advocate, Office of the

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$783,919 $783,919 $783,919

$783,919 $783,919 $783,919

$783,235 $783,235 $783,235

$783,235 $783,235 $783,235

Consumer Affairs, Governor's Office of

Continuation Budget

The purpose of this appropriation is 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 STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services

$6,448,274 $6,448,274
$567,689 $400,000

$6,448,274 $6,448,274
$567,689 $400,000

$6,448,274 $6,448,274
$567,689 $400,000

$6,448,274 $6,448,274
$567,689 $400,000

FRIDAY, APRIL 20, 2007

4543

Sales and Services Not Itemized Sanctions, Fines, and Penalties
Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS

$400,000 $167,689 $167,689 $7,015,963

$400,000 $167,689 $167,689 $7,015,963

$400,000 $167,689 $167,689 $7,015,963

$400,000 $167,689 $167,689 $7,015,963

169.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$30,239

$30,239

$30,239

$30,239

169.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$72,829

$72,829

$72,829

$72,829

169.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$216,847

$216,847

$216,847

$216,847

169.4 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$12,896

$12,896

$12,896

$12,896

169.5 Increase funds to continue the customer service initiative including funds for additional staff. (H:Provide funds to continue the customer service initiative)(S:Fund additional staff)

State General Funds

$2,742,986

$1,500,000

$1,371,493

$1,371,493

169.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($5,974) for the continuation of the customer service initiative including funds for additional staff. (G:YES)(H:YES)

State General Funds

$0

$0

($5,974)

($5,974)

169.0Consumer Affairs, Governor's Office of

Appropriation (HB 95)

The purpose of this appropriation is 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 STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties

$9,524,071 $9,524,071
$567,689 $400,000 $400,000 $167,689

$8,281,085 $8,281,085
$567,689 $400,000 $400,000 $167,689

$8,146,604 $8,146,604
$567,689 $400,000 $400,000 $167,689

$8,146,604 $8,146,604
$567,689 $400,000 $400,000 $167,689

4544

JOURNAL OF THE HOUSE

Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS

$167,689 $10,091,760

$167,689 $8,848,774

$167,689 $8,714,293

$167,689 $8,714,293

Emergency Management Agency, Georgia

Continuation Budget

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 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 State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$2,112,817 $2,112,817 $4,127,556 $4,127,556
$160,531 $160,531 $160,531 $147,325 $147,325 $147,325 $6,548,229

$2,112,817 $2,112,817 $4,127,556 $4,127,556
$160,531 $160,531 $160,531 $147,325 $147,325 $147,325 $6,548,229

$2,112,817 $2,112,817 $4,127,556 $4,127,556
$160,531 $160,531 $160,531 $147,325 $147,325 $147,325 $6,548,229

$2,112,817 $2,112,817 $4,127,556 $4,127,556
$160,531 $160,531 $160,531 $147,325 $147,325 $147,325 $6,548,229

170.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$14,547

$14,547

$14,547

$14,547

170.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$20,031

$20,031

$20,031

$20,031

170.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$170,479

$170,479

$170,479

$170,479

170.4 Increase funds for a computer software engineer position to upgrade internal systems and support the emergency operations center.

State General Funds

$64,246

$64,246

$64,246

$64,246

170.5 Increase funds for an uninterruptible power supply for the State Operations Center. [One-Time Change]

State General Funds

$125,000

$125,000

FRIDAY, APRIL 20, 2007

4545

170.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize state funds ($6,975) and agency funds ($14,822) to replace outdated computers. (G:YES)(H:YES)

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$0

$0

($6,975)

($6,975)

$0

$0

$0

$0

$0

$0

($6,975)

($6,975)

170.0Emergency Management Agency, Georgia

Appropriation (HB 95)

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 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 State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$2,382,120 $2,382,120 $4,127,556 $4,127,556
$160,531 $160,531 $160,531 $147,325 $147,325 $147,325 $6,817,532

$2,382,120 $2,382,120 $4,127,556 $4,127,556
$160,531 $160,531 $160,531 $147,325 $147,325 $147,325 $6,817,532

$2,500,145 $2,500,145 $4,127,556 $4,127,556
$160,531 $160,531 $160,531 $147,325 $147,325 $147,325 $6,935,557

$2,500,145 $2,500,145 $4,127,556 $4,127,556
$160,531 $160,531 $160,531 $147,325 $147,325 $147,325 $6,935,557

Equal Opportunity, Georgia Commission on

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$662,395 $662,395 $387,217 $387,217 $1,049,612

$662,395 $662,395 $387,217 $387,217 $1,049,612

$662,395 $662,395 $387,217 $387,217 $1,049,612

$662,395 $662,395 $387,217 $387,217 $1,049,612

171.1 Annualize the cost of the FY07 salary adjustment. State General Funds

$5,645

$5,645

$5,645

$5,645

4546

JOURNAL OF THE HOUSE

171.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$8,384

$8,384

$8,384

$8,384

171.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$34,646

$34,646

$34,646

$34,646

171.4 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$4,658

$4,658

$4,658

$4,658

171.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize state funds ($1,379) and agency funds ($810) for operations. (G:YES)(H:YES)

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$0

$0

($1,379)

($1,379)

$0

$0

$0

$0

$0

$0

($1,379)

($1,379)

171.0Equal Opportunity, Georgia Commission on

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$715,728 $715,728 $387,217 $387,217 $1,102,945

$715,728 $715,728 $387,217 $387,217 $1,102,945

$714,349 $714,349 $387,217 $387,217 $1,101,566

$714,349 $714,349 $387,217 $387,217 $1,101,566

Office of Homeland Security

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$505,669 $505,669 $505,669

$505,669 $505,669 $505,669

$505,669 $505,669 $505,669

$505,669 $505,669 $505,669

172.1 Annualize the cost of the FY07 salary adjustment. State General Funds

$5,015

$5,015

$5,015

$5,015

FRIDAY, APRIL 20, 2007

4547

172.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$6,874

$6,874

$6,874

$6,874

172.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$17,292

$17,292

$17,292

$17,292

172.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($46) for operations. (G:YES)(H:YES)(S:YES)

State General Funds

$0

$0

$0

$0

172.0Office of Homeland Security

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$534,850 $534,850 $534,850

$534,850 $534,850 $534,850

$534,850 $534,850 $534,850

$534,850 $534,850 $534,850

Office of the State Inspector General

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$830,636 $830,636 $830,636

$830,636 $830,636 $830,636

$830,636 $830,636 $830,636

$830,636 $830,636 $830,636

173.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$5,364

$5,364

$5,364

$5,364

173.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$7,719

$7,719

$7,719

$7,719

173.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$20,388

$20,388

$20,388

$20,388

4548

JOURNAL OF THE HOUSE

173.4 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$1,533

$1,533

$1,533

$1,533

173.5 Reduce one-time contract funds for the development of a prevention training program for state officials and employees.

State General Funds

($31,650)

($31,650)

($31,650)

($31,650)

173.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($456) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($456)

($456)

173.0Office of the State Inspector General

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$833,990 $833,990 $833,990

$833,990 $833,990 $833,990

$833,534 $833,534 $833,534

$833,534 $833,534 $833,534

Professional Standards Commission, Georgia

Continuation Budget

The purpose of this appropriation is to direct the preparation, certification, professional discipline and recruitment of educators in

Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$6,854,491 $6,854,491
$111,930 $111,930 $6,966,421

$6,854,491 $6,854,491
$111,930 $111,930 $6,966,421

$6,854,491 $6,854,491
$111,930 $111,930 $6,966,421

$6,854,491 $6,854,491
$111,930 $111,930 $6,966,421

174.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$45,224

$45,224

$45,224

$45,224

174.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$83,855

$83,855

$83,855

$83,855

174.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$183,240

$183,240

$183,240

$183,240

FRIDAY, APRIL 20, 2007

4549

174.4 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$14,028

$14,028

$14,028

$14,028

174.5 Transfer funds and activities to the Office of Student Achievement for assistance with the processing and analyzing of Master Teacher applications.

State General Funds

($36,761)

($36,761)

($36,761)

($36,761)

174.6 Utilize existing funds to add two teacher recruitment positions and related expenses to work with school systems to fill teacher vacancies in high need areas in North and South Georgia. (G:YES)(H:YES)(S:Approval not required by the General Assembly)

State General Funds

$0

$0

$0

$0

174.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($1,186) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($1,186)

($1,186)

174.0Professional Standards Commission, Georgia

Appropriation (HB 95)

The purpose of this appropriation is to direct the preparation, certification, professional discipline and recruitment of educators in Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$7,144,077 $7,144,077
$111,930 $111,930 $7,256,007

$7,144,077 $7,144,077
$111,930 $111,930 $7,256,007

$7,142,891 $7,142,891
$111,930 $111,930 $7,254,821

$7,142,891 $7,142,891
$111,930 $111,930 $7,254,821

Student Achievement, Office of

Continuation Budget

The purpose of this appropriation is to improve student achievement and school completion in Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$1,163,376 $1,163,376
$266,000 $266,000 $1,429,376

$1,163,376 $1,163,376
$266,000 $266,000 $1,429,376

$1,163,376 $1,163,376
$266,000 $266,000 $1,429,376

$1,163,376 $1,163,376
$266,000 $266,000 $1,429,376

175.1 Annualize the cost of the FY07 salary adjustment.

4550

JOURNAL OF THE HOUSE

State General Funds

$8,006

$8,006

$8,006

$8,006

175.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$18,828

$18,828

$18,828

$18,828

175.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$47,901

$47,901

$47,901

$47,901

175.4 Transfer funds and activities from the Professional Standards Commission for assistance with the processing and analyzing of Master Teacher applications.

State General Funds

$36,761

$36,761

$36,761

$36,761

175.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($684) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($684)

($684)

175.0Student Achievement, Office of

Appropriation (HB 95)

The purpose of this appropriation is to improve student achievement and school completion in Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$1,274,872 $1,274,872
$266,000 $266,000 $1,540,872

$1,274,872 $1,274,872
$266,000 $266,000 $1,540,872

$1,274,188 $1,274,188
$266,000 $266,000 $1,540,188

$1,274,188 $1,274,188
$266,000 $266,000 $1,540,188

Planning and Budget, Governor's Office of

Continuation Budget

The purpose of this appropriation is to supply budgeting and policy management assistance to the Governor in determining strategic

and tactical plans for state agencies.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$9,060,842 $9,060,842 $9,060,842

$9,060,842 $9,060,842 $9,060,842

$9,060,842 $9,060,842 $9,060,842

$9,060,842 $9,060,842 $9,060,842

176.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$57,169

$57,169

$57,169

176.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

$57,169

FRIDAY, APRIL 20, 2007

4551

State General Funds

$89,482

$89,482

$89,482

$89,482

176.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$246,082

$246,082

$246,082

$246,082

176.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$1,161,113

$758,991

$116,334

$116,334

176.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$24,643

$24,643

$24,643

$24,643

176.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($112,611) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($112,611)

($112,611)

176.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($7,206) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($7,206)

($7,206)

176.0Planning and Budget, Governor's Office of

Appropriation (HB 95)

The purpose of this appropriation is to supply budgeting and policy management assistance to the Governor in determining strategic and tactical plans for state agencies.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$10,639,331 $10,639,331 $10,639,331

$10,237,209 $10,237,209 $10,237,209

$9,474,735 $9,474,735 $9,474,735

$9,474,735 $9,474,735 $9,474,735

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.

Section 27: Human Resources, Department of

Section Total - Continuation

TOTAL STATE FUNDS Brain and Spinal Injury Trust Fund

$1,423,526,488 $1,423,526,488 $1,423,526,488 $1,423,526,488

$3,007,691

$3,007,691

$3,007,691

$3,007,691

4552

JOURNAL OF THE HOUSE

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 Grant CFDA93.959 Preventive Health & Health Services Block Grant CFDA93.991 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families TANF Unobligated Balance per 42 USC 604 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS Brain and Spinal Injury Trust Fund State General Funds Tobacco Settlement Funds

$1,391,950,658 $28,568,139
$1,451,655,095 $55,335,941 $92,809,079 $12,840,422 $17,189,252 $391,419,826 $95,192,741 $18,970,241 $17,348,033 $146,706,110 $50,960,435 $4,203,961 $50,566,792 $357,317,389 $140,794,873 $209,108,223 $20,000,022 $2 $6 $2,916 $2,240,293 $186,864,984 $6,030,545 $6,030,545
$3,090,320,351

$1,391,950,658 $28,568,139
$1,451,655,095 $55,335,941 $92,809,079 $12,840,422 $17,189,252 $391,419,826 $95,192,741 $18,970,241 $17,348,033 $146,706,110 $50,960,435 $4,203,961 $50,566,792 $357,317,389 $140,794,873 $209,108,223 $20,000,022 $2 $6 $2,916 $2,240,293 $186,864,984 $6,030,545 $6,030,545
$3,090,320,351

$1,391,950,658 $28,568,139
$1,451,655,095 $55,335,941 $92,809,079 $12,840,422 $17,189,252 $391,419,826 $95,192,741 $18,970,241 $17,348,033 $146,706,110 $50,960,435 $4,203,961 $50,566,792 $357,317,389 $140,794,873 $209,108,223 $20,000,022 $2 $6 $2,916 $2,240,293 $186,864,984 $6,030,545 $6,030,545
$3,090,320,351

$1,391,950,658 $28,568,139
$1,451,655,095 $55,335,941 $92,809,079 $12,840,422 $17,189,252 $391,419,826 $95,192,741 $18,970,241 $17,348,033 $146,706,110 $50,960,435 $4,203,961 $50,566,792 $357,317,389 $140,794,873 $209,108,223 $20,000,022 $2 $6 $2,916 $2,240,293 $186,864,984 $6,030,545 $6,030,545
$3,090,320,351

Section Total - Final

$1,578,820,408 $3,063,194
$1,548,997,661 $26,759,553

$1,576,652,388 $3,063,194
$1,546,829,641 $26,759,553

$1,560,047,579 $3,063,194
$1,529,924,832 $27,059,553

$1,563,191,298 $3,063,194
$1,533,218,551 $26,909,553

FRIDAY, APRIL 20, 2007

4553

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 Grant CFDA93.959 Preventive Health & Health Services Block Grant CFDA93.991 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families TANF Unobligated Balance per 42 USC 604
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Intergovernmental Transfers Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

$1,496,711,683 $55,335,941 $92,809,079 $12,840,422 $17,189,252 $391,419,826 $94,992,741 $18,970,241 $17,348,033 $216,162,698 $50,960,435 $4,203,961 $50,566,792 $333,117,389 $140,794,873 $158,061,749 $20,000,012 $5 $2,916 $2,240,293 $135,818,523 $6,030,544 $6,030,544
$3,239,624,384

$1,505,160,683 $55,335,941 $92,809,079 $12,840,422 $17,189,252 $391,419,826 $94,992,741 $18,970,241 $17,348,033 $216,162,698 $50,960,435 $4,203,961 $50,566,792 $341,566,389 $140,794,873 $158,061,749 $20,000,012 $5 $2,916 $2,240,293 $135,818,523 $6,030,544 $6,030,544
$3,245,905,364

$1,423,017,280 $55,335,941 $92,809,079 $12,840,422 $17,189,252 $336,679,398 $107,474,835 $18,970,241 $17,348,033 $217,325,770 $50,960,435 $4,203,961 $50,566,792 $368,024,967 $73,288,154 $186,603,249 $46,000,012 $5 $2,916 $2,240,293 $138,360,023 $6,030,544 $6,030,544
$3,175,698,652

$1,419,419,061 $55,335,941 $92,809,079 $12,840,422 $17,189,252 $336,679,398 $103,876,616 $18,970,241 $17,348,033 $217,325,770 $50,960,435 $4,203,961 $50,566,792 $368,024,967 $73,288,154 $186,603,249 $46,000,012 $5 $2,916 $2,240,293 $138,360,023 $6,030,544 $6,030,544
$3,175,244,152

Adolescent and Adult Health Promotion

Continuation Budget

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.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized

$18,266,879 $13,391,891 $4,874,988 $28,078,087 $6,326,755

$18,266,879 $13,391,891 $4,874,988 $28,078,087 $6,326,755

$18,266,879 $13,391,891 $4,874,988 $28,078,087 $6,326,755

$18,266,879 $13,391,891 $4,874,988 $28,078,087 $6,326,755

4554

JOURNAL OF THE HOUSE

Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 Temporary Assistance for Needy Families
Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS
Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS

$1,087,109 $25,632 $41,694
$20,596,897 $20,596,897
$3 $3 $3 $46,344,969

$1,087,109 $25,632 $41,694
$20,596,897 $20,596,897
$3 $3 $3 $46,344,969

$1,087,109 $25,632 $41,694
$20,596,897 $20,596,897
$3 $3 $3 $46,344,969

$1,087,109 $25,632 $41,694
$20,596,897 $20,596,897
$3 $3 $3 $46,344,969

177.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$251,378

$251,378

$251,378

$251,378

177.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (CC:Spread critical hire adjustments)

State General Funds

$429,173

$429,173

$429,173

$599,107

177.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$1,236,654

$1,236,654

$1,236,654

$1,236,654

177.4 Reduce funds from behavioral healthcare due to declining caseloads (reflects the Governor's TANF plan on page 200 of the Governor's Budget Report).

Temporary Assistance for Needy Families Grant CFDA93.558

($1,500,000) ($1,500,000) ($1,500,000) ($1,500,000)

177.5 Increase funds for the Diabetes Care Coalition's diabetes awareness campaign.

State General Funds

$200,000

$100,000

$150,000

177.6 Utilize existing tobacco settlement funds to match Centers for Disease Control and Prevention (CDC) dollars and to augment tobacco use prevention efforts on middle school and high school campuses through Tobacco Use Prevention activities. (H:YES)(S:NO)(CC:Of the funds appropriated herein, $350,000 shall be used to implement a pilot program to promote smoking cessation by use of appropriate prescription smoking cessation medication along with counseling. The state shall submit a State Plan Amendment to the U.S. Department of Health and Human Services to obtain approval for receiving federal matching funds to cover such medications)

Tobacco Settlement Funds

$0

$0

$0

177.7 Increase funds for Safe House Outreach Mentoring Program for mentoring children whose parents are incarcerated.

FRIDAY, APRIL 20, 2007

4555

State General Funds

$40,000

$0

$40,000

177.8 Increase funds to raise nurse salaries to 85% of the market as identified in the Georgia Merit System Compensation and Benefits Study.

State General Funds

$190,145

$190,145

177.98 Transfer all funds and activities from the Adolescent and Adult Health Promotion, Infant and Child Health Promotion, Injury Prevention, and Substance Abuse Prevention programs to create a new Prevention and Health Promotion program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

$0

177.0Adolescent and Adult Health Promotion

Appropriation (HB 95)

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.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS

$20,184,084 $15,309,096 $4,874,988 $26,578,087 $6,326,755 $1,087,109
$25,632 $41,694 $19,096,897 $19,096,897
$3 $3 $3 $46,762,174

$20,424,084 $15,549,096 $4,874,988 $26,578,087 $6,326,755 $1,087,109
$25,632 $41,694 $19,096,897 $19,096,897
$3 $3 $3 $47,002,174

$20,474,229 $15,599,241 $4,874,988 $26,578,087 $6,326,755 $1,087,109
$25,632 $41,694 $19,096,897 $19,096,897
$3 $3 $3 $47,052,319

$20,734,163 $15,859,175 $4,874,988 $26,578,087 $6,326,755 $1,087,109
$25,632 $41,694 $19,096,897 $19,096,897
$3 $3 $3 $47,312,253

Adoptions Services

Continuation Budget

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.

TOTAL STATE FUNDS State General Funds

$32,954,192 $32,954,192

$32,954,192 $32,954,192

$32,954,192 $32,954,192

$32,954,192 $32,954,192

4556

JOURNAL OF THE HOUSE

TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS

$36,632,278 $24,632,278 $12,000,000 $12,000,000
$1 $1 $1 $69,586,471

$36,632,278 $24,632,278 $12,000,000 $12,000,000
$1 $1 $1 $69,586,471

$36,632,278 $24,632,278 $12,000,000 $12,000,000
$1 $1 $1 $69,586,471

$36,632,278 $24,632,278 $12,000,000 $12,000,000
$1 $1 $1 $69,586,471

178.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$24,274

$24,274

$24,274

$24,274

178.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$41,444

$41,444

$41,444

$41,444

178.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$119,416

$119,416

$119,416

$119,416

178.4 Reduce funds.

Contributions, Donations, and Forfeitures Not Itemized

($1)

($1)

($1)

($1)

178.0Adoptions Services

Appropriation (HB 95)

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS

$33,139,326 $33,139,326 $36,632,278 $24,632,278 $12,000,000 $12,000,000 $69,771,604

$33,139,326 $33,139,326 $36,632,278 $24,632,278 $12,000,000 $12,000,000 $69,771,604

$33,139,326 $33,139,326 $36,632,278 $24,632,278 $12,000,000 $12,000,000 $69,771,604

$33,139,326 $33,139,326 $36,632,278 $24,632,278 $12,000,000 $12,000,000 $69,771,604

Adult Addictive Diseases Services

Continuation Budget

FRIDAY, APRIL 20, 2007

4557

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Prevention & Treatment of Substance Abuse Grant CFDA93.959 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$44,076,101 $44,076,101 $26,315,437
$1 $26,315,435
$1 $1 $7 $2 $2 $1 $1 $4 $4 $70,391,545

$44,076,101 $44,076,101 $26,315,437
$1 $26,315,435
$1 $1 $7 $2 $2 $1 $1 $4 $4 $70,391,545

$44,076,101 $44,076,101 $26,315,437
$1 $26,315,435
$1 $1 $7 $2 $2 $1 $1 $4 $4 $70,391,545

$44,076,101 $44,076,101 $26,315,437
$1 $26,315,435
$1 $1 $7 $2 $2 $1 $1 $4 $4 $70,391,545

179.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$546,160

$546,160

$546,160

$546,160

179.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (CC:Spread critical hire adjustments)

State General Funds

$932,456

$932,456

$932,456

$933,643

179.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$2,686,834

$2,686,834

$2,686,834

$2,686,834

179.4 Utilize existing funds to implement a secret shopper initiative to provide for increased customer service and accessibility. (G:YES)(H:YES)(S:Utilize savings to fund SR363 (2007 Session) "Mental Health Service Delivery Commission Creation")(CC:NO)

State General Funds

$0

$0

($11,111)

($11,111)

4558

JOURNAL OF THE HOUSE

179.98 Transfer all funds and activities from the Adult Addictive Diseases, Adult Developmental Disabilities Services, Adult Forensic Services, Adult Nursing Home Services and Adult Mental Health Services programs to create a new Adult Services program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

$0

179.0Adult Addictive Diseases Services

Appropriation (HB 95)

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Prevention & Treatment of Substance Abuse Grant CFDA93.959 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$48,241,551 $48,241,551 $26,315,437
$1 $26,315,435
$1 $1 $7 $2 $2 $1 $1 $4 $4 $74,556,995

$48,241,551 $48,241,551 $26,315,437
$1 $26,315,435
$1 $1 $7 $2 $2 $1 $1 $4 $4 $74,556,995

$48,230,440 $48,230,440 $26,315,437
$1 $26,315,435
$1 $1 $7 $2 $2 $1 $1 $4 $4 $74,545,884

$48,231,627 $48,231,627 $26,315,437
$1 $26,315,435
$1 $1 $7 $2 $2 $1 $1 $4 $4 $74,547,071

Adult Developmental Disabilities Services

Continuation Budget

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 State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778

$184,511,949 $174,256,811 $10,255,138 $92,136,871
$161,870 $34,322,146

$184,511,949 $174,256,811 $10,255,138 $92,136,871
$161,870 $34,322,146

$184,511,949 $174,256,811 $10,255,138 $92,136,871
$161,870 $34,322,146

$184,511,949 $174,256,811 $10,255,138 $92,136,871
$161,870 $34,322,146

FRIDAY, APRIL 20, 2007

4559

Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families
Temporary Assistance for Needy Families Grant CFDA93.558 TANF Unobligated Balance per 42 USC 604 TOTAL AGENCY FUNDS Sales and Services
Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$30,636,459 $27,016,394 $27,016,394
$2 $53,767,742 $53,767,742 $53,767,742 $330,416,562

$30,636,459 $27,016,394 $27,016,394
$2 $53,767,742 $53,767,742 $53,767,742 $330,416,562

$30,636,459 $27,016,394 $27,016,394
$2 $53,767,742 $53,767,742 $53,767,742 $330,416,562

$30,636,459 $27,016,394 $27,016,394
$2 $53,767,742 $53,767,742 $53,767,742 $330,416,562

180.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$1,483,980

$1,483,980

$1,483,980

$1,483,980

180.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (CC:Spread critical hire adjustments)

State General Funds

$7,536,402

$7,536,402

$7,536,402

$2,677,909

180.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$7,300,443

$7,300,443

$7,300,443

$7,300,443

180.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$3,933,202

$3,933,202

$3,933,202

$3,933,202

180.5 Increase funds to annualize the cost of the 1,500 Mental Retardation Waiver Program slots added in HB1027 (FY07). (S:Reflect original department projections)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$7,896,183 $12,211,186 $20,107,369

$7,896,183 $12,211,186 $20,107,369

$7,061,537 $10,920,434 $17,981,971

$7,061,537 $10,920,434 $17,981,971

180.6 Reduce funds from behavioral healthcare due to declining caseloads (reflects the Governor's TANF plan on page 200 of the Governor's Budget Report).

Temporary Assistance for Needy Families Grant CFDA93.558

($4,000,000) ($4,000,000) ($4,000,000) ($4,000,000)

180.7 Reduce funds from state hospitals ($802,733 State, $2,110,049 Total) and utilize savings to fund 170 Mental Retardation Waiver Program slots. (G:YES)(H:YES)(S and CC:Utilize savings to fund 180.8 and 187.6)

4560

JOURNAL OF THE HOUSE

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

180.8 Increase funds to provide for an additional 1,330 slots in the Mental Retardation Waiver Program (MRWP). (S and CC: Increase funds for a net increase of 1,546 unduplicated recipients)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$9,494,160 $12,127,571 $21,621,731

$9,494,160 $12,127,571 $21,621,731

$9,494,160 $12,127,571 $21,621,731

$9,494,160 $12,127,571 $21,621,731

180.9 Utilize existing funds to implement a secret shopper initiative to provide for increased customer service and accessibility. (G:YES)(H:YES)(S:Utilize savings to fund SR363 (2007 Session) "Mental Health Service Delivery Commission Creation")(CC:NO)

State General Funds

$0

$0

($11,111)

($11,111)

180.10 Reduce one-time funds for Rockdale Cares.

State General Funds

($25,000)

$0

180.11 Increase funds for Georgia Options Inc. [One-Time Change]
Sites: Barrow County, Clarke County, Elbert County, Greene County, Jackson County, Madison County, Morgan County, Oconee County, Oglethorpe County, Walton County

State General Funds

$100,000

$75,000

180.12 Increase funds to raise nurse salaries to 85% of the market as identified in the Georgia Merit System Compensation and Benefits Study.

State General Funds

$94,017

$94,017

180.13 Replace funds to reflect changes in the Federal Financial Participation (FFP) rate for Medicaid.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($607,527) $607,527
$0

($607,527) $607,527
$0

180.98 Transfer all funds and activities from the Adult Addictive Diseases, Adult Developmental Disabilities Services, Adult Forensic Services, Adult Nursing Home Services and Adult Mental Health Services programs to create a new Adult Services program. (G:YES)(H:NO)(S:NO)(CC:NO)

State General Funds

$0

$0

$0

$0

180.0Adult Developmental Disabilities Services

Appropriation (HB 95)

FRIDAY, APRIL 20, 2007

4561

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 State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TANF Unobligated Balance per 42 USC 604
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$222,156,319 $211,901,181 $10,255,138 $112,475,628
$161,870 $58,660,903 $30,636,459 $23,016,394 $23,016,394
$2 $53,767,742 $53,767,742 $53,767,742 $388,399,689

$222,156,319 $211,901,181 $10,255,138 $112,475,628
$161,870 $58,660,903 $30,636,459 $23,016,394 $23,016,394
$2 $53,767,742 $53,767,742 $53,767,742 $388,399,689

$220,872,052 $210,616,914 $10,255,138 $111,792,403
$161,870 $57,977,678 $30,636,459 $23,016,394 $23,016,394
$2 $53,767,742 $53,767,742 $53,767,742 $386,432,197

$216,013,559 $205,758,421 $10,255,138 $111,792,403
$161,870 $57,977,678 $30,636,459 $23,016,394 $23,016,394
$2 $53,767,742 $53,767,742 $53,767,742 $381,573,704

Adult Essential Health Treatment Services

Continuation Budget

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.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991
TOTAL PUBLIC FUNDS

$9,968,502 $4,968,502 $5,000,000 $1,334,612
$123,734 $1
$1,210,877 $11,303,114

$9,968,502 $4,968,502 $5,000,000 $1,334,612
$123,734 $1
$1,210,877 $11,303,114

$9,968,502 $4,968,502 $5,000,000 $1,334,612
$123,734 $1
$1,210,877 $11,303,114

$9,968,502 $4,968,502 $5,000,000 $1,334,612
$123,734 $1
$1,210,877 $11,303,114

181.1 Annualize the cost of the FY07 salary adjustment. State General Funds

$36,362

$36,362

$36,362

$36,362

4562

JOURNAL OF THE HOUSE

181.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (CC:Spread critical hire adjustments)

State General Funds

$62,079

$62,079

$62,079

$68,342

181.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$178,882

$178,882

$178,882

$178,882

181.4 Increase funds to purchase factor concentrate for people with hemophilia who lack Medicaid, Medicare or other health insurance.

State General Funds

$450,000

$450,000

$450,000

181.5 Increase funds to raise nurse salaries to 85% of the market as identified in the Georgia Merit System Compensation and Benefits Study.

State General Funds

$6,973

$6,973

181.98 Transfer all funds and activities from the Adolescent and Adult Essential Health Treatment Services and the Infant and Child Essential Health Treatment Services programs to create a new Essential Health Treatment Services program. (G:YES)(H:NO)(S:NO)(CC:NO)

State General Funds

$0

$0

$0

$0

181.0Adult Essential Health Treatment Services

Appropriation (HB 95)

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.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991
TOTAL PUBLIC FUNDS

$10,245,825 $5,245,825 $5,000,000 $1,334,612
$123,734 $1
$1,210,877 $11,580,437

$10,695,825 $5,695,825 $5,000,000 $1,334,612
$123,734 $1
$1,210,877 $12,030,437

$10,702,798 $5,702,798 $5,000,000 $1,334,612
$123,734 $1
$1,210,877 $12,037,410

$10,709,061 $5,709,061 $5,000,000 $1,334,612
$123,734 $1
$1,210,877 $12,043,673

Adult Forensic Services

Continuation Budget

FRIDAY, APRIL 20, 2007

4563

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$25,870,841 $25,870,841 $1,115,408 $1,115,408
$4 $4 $4 $26,986,253

$25,870,841 $25,870,841 $1,115,408 $1,115,408
$4 $4 $4 $26,986,253

$25,870,841 $25,870,841 $1,115,408 $1,115,408
$4 $4 $4 $26,986,253

$25,870,841 $25,870,841 $1,115,408 $1,115,408
$4 $4 $4 $26,986,253

182.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$644,700

$644,700

$644,700

$644,700

182.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (CC:Spread critical hire adjustments)

State General Funds

$1,100,696

$1,100,696

$1,100,696

$1,159,078

182.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$3,171,604

$3,171,604

$3,171,604

$3,171,604

182.4 Increase funds for five additional forensic evaluators. (H and S:Increase funds for forensic evaluators)

State General Funds

$526,385

$250,000

$250,000

$250,000

182.5 Increase funds for eighty-three additional secure forensic beds at various state hospitals.
Sites: East Central Regional Hospital, Georgia Regional Hospital - Atlanta, Northwest Georgia Regional Hospital

State General Funds

$7,200,000

$7,200,000

$7,200,000

$7,200,000

182.6 Utilize existing funds to implement a secret shopper initiative to provide for increased customer service and accessibility. (G:YES)(H:YES)(S:Utilize savings to fund SR363 (2007 Session) "Mental Health Service Delivery Commission Creation")(CC:NO)

State General Funds

$0

$0

($11,111)

($11,111)

182.7 Increase funds for a telemedicine pilot to assess forensic consumers.
Sites: Bibb County, Gordon County, Hall County

[One-Time Change]

State General Funds

$95,040

$95,040

$95,040

$95,040

4564

JOURNAL OF THE HOUSE

182.8 Increase funds to raise nurse salaries to 85% of the market as identified in the Georgia Merit System Compensation and Benefits Study.

State General Funds

$41,222

$41,222

182.98 Transfer all funds and activities from the Adult Addictive Diseases, Adult Developmental Disabilities Services, Adult Forensic Services, Adult Nursing Home Services and Adult Mental Health Services programs to create a new Adult Services program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

$0

182.0Adult Forensic Services

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$38,609,266 $38,609,266 $1,115,408 $1,115,408
$4 $4 $4 $39,724,678

$38,332,881 $38,332,881 $1,115,408 $1,115,408
$4 $4 $4 $39,448,293

$38,362,992 $38,362,992 $1,115,408 $1,115,408
$4 $4 $4 $39,478,404

$38,421,374 $38,421,374 $1,115,408 $1,115,408
$4 $4 $4 $39,536,786

Adult Mental Health Services

Continuation Budget

The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to adults with

mental illness.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Community Mental Health Services Block Grant CFDA93.958 Federal Funds Not Itemized Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Sales and Services

$162,284,971 $162,284,971 $12,427,929
$7,474,598 $4,244,331
$709,000 $2,935,704 $2,935,704

$162,284,971 $162,284,971 $12,427,929
$7,474,598 $4,244,331
$709,000 $2,935,704 $2,935,704

$162,284,971 $162,284,971 $12,427,929
$7,474,598 $4,244,331
$709,000 $2,935,704 $2,935,704

$162,284,971 $162,284,971 $12,427,929
$7,474,598 $4,244,331
$709,000 $2,935,704 $2,935,704

FRIDAY, APRIL 20, 2007

4565

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$2,935,704

$2,935,704

$2,935,704

$2,935,704

$177,648,604 $177,648,604 $177,648,604 $177,648,604

183.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$1,973,326

$1,973,326

$1,973,326

$1,973,326

183.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (CC:Spread critical hire adjustments)

State General Funds

$3,369,051

$3,369,051

$3,369,051

$3,521,867

183.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$9,707,779

$9,707,779

$9,707,779

$9,707,779

183.4 Eliminate one-time funds received in HB1027 (FY07) for the Savannah Area Behavioral Health Collaborative.

State General Funds

($250,000)

($250,000)

($250,000)

($250,000)

183.5 Utilize existing funds to implement a secret shopper initiative to provide for increased customer service and accessibility. (G:YES)(H:YES)(S:Utilize savings to fund SR363 (2007 Session) "Mental Health Service Delivery Commission Creation")(CC:NO)

State General Funds

$0

$0

($11,111)

($11,111)

183.6 Increase funds to raise nurse salaries to 85% of the market as identified in the Georgia Merit System Compensation and Benefits Study.

State General Funds

$88,017

$88,017

183.98 Transfer all funds and activities from the Adult Addictive Diseases, Adult Developmental Disabilities Services, Adult Forensic Services, Adult Nursing Home Services and Adult Mental Health Services programs to create a new Adult Services program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

$0

183.0Adult Mental Health Services

Appropriation (HB 95)

The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to adults with mental illness.

TOTAL STATE FUNDS State General Funds

$177,085,127 $177,085,127 $177,162,033 $177,314,849 $177,085,127 $177,085,127 $177,162,033 $177,314,849

4566

JOURNAL OF THE HOUSE

TOTAL FEDERAL FUNDS Community Mental Health Services Block Grant CFDA93.958 Federal Funds Not Itemized Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$12,427,929 $7,474,598 $4,244,331
$709,000 $2,935,704 $2,935,704 $2,935,704 $192,448,760

$12,427,929 $7,474,598 $4,244,331
$709,000 $2,935,704 $2,935,704 $2,935,704 $192,448,760

$12,427,929 $7,474,598 $4,244,331
$709,000 $2,935,704 $2,935,704 $2,935,704 $192,525,666

$12,427,929 $7,474,598 $4,244,331
$709,000 $2,935,704 $2,935,704 $2,935,704 $192,678,482

Adult Nursing Home Services

Continuation Budget

The purpose of this appropriation is to provide skilled nursing home services to Georgian's with mental retardation or developmental

disabilities.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$2,352,451 $2,352,451
$14,553 $14,551
$1 $1 $1,547,242 $1,547,242 $1,547,242 $3,914,246

$2,352,451 $2,352,451
$14,553 $14,551
$1 $1 $1,547,242 $1,547,242 $1,547,242 $3,914,246

$2,352,451 $2,352,451
$14,553 $14,551
$1 $1 $1,547,242 $1,547,242 $1,547,242 $3,914,246

$2,352,451 $2,352,451
$14,553 $14,551
$1 $1 $1,547,242 $1,547,242 $1,547,242 $3,914,246

184.1 Utilize existing funds to implement a secret shopper initiative to provide for increased customer service and accessibility. (G:YES)(H:YES)(S:Utilize savings to fund SR363 (2007 Session) "Mental Health Service Delivery Commission Creation")(CC:NO)

State General Funds

$0

$0

($11,111)

($11,111)

184.2 Increase funds to raise nurse salaries to 85% of the market as identified in the Georgia Merit System Compensation and Benefits Study.

State General Funds

$41,843

$41,843

FRIDAY, APRIL 20, 2007

4567

184.98 Transfer all funds and activities from the Adult Addictive Diseases, Adult Developmental Disabilities Services, Adult Forensic Services, Adult Nursing Home Services and Adult Mental Health Services programs to create a new Adult Services program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

$0

184.0Adult Nursing Home Services

Appropriation (HB 95)

The purpose of this appropriation is to provide skilled nursing home services to Georgian's with mental retardation or developmental disabilities.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$2,352,451 $2,352,451
$14,553 $14,551
$1 $1 $1,547,242 $1,547,242 $1,547,242 $3,914,246

$2,352,451 $2,352,451
$14,553 $14,551
$1 $1 $1,547,242 $1,547,242 $1,547,242 $3,914,246

$2,383,183 $2,383,183
$14,553 $14,551
$1 $1 $1,547,242 $1,547,242 $1,547,242 $3,944,978

$2,383,183 $2,383,183
$14,553 $14,551
$1 $1 $1,547,242 $1,547,242 $1,547,242 $3,944,978

After School Care

Continuation Budget

The purpose of this appropriation is to expand the provision of after school care services and draw down TANF maintenance of effort

funds.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures TANF Maintenance-of-Effort from External Sources
TOTAL PUBLIC FUNDS

$3,000,000 $3,000,000 $11,000,000 $11,000,000 $11,000,000 $20,000,000 $20,000,000 $20,000,000 $34,000,000

$3,000,000 $3,000,000 $11,000,000 $11,000,000 $11,000,000 $20,000,000 $20,000,000 $20,000,000 $34,000,000

$3,000,000 $3,000,000 $11,000,000 $11,000,000 $11,000,000 $20,000,000 $20,000,000 $20,000,000 $34,000,000

$3,000,000 $3,000,000 $11,000,000 $11,000,000 $11,000,000 $20,000,000 $20,000,000 $20,000,000 $34,000,000

4568

JOURNAL OF THE HOUSE

185.1 Replace funds and legislative intent is that for every dollar spent on afterschool programs, two dollars will be collected to count for Maintenance of Effort (MOE).

State General Funds Temporary Assistance for Needy Families Grant CFDA93.558 TANF Maintenance-of-Effort from External Sources TOTAL PUBLIC FUNDS

($3,000,000) $3,000,000 $8,000,000 $8,000,000

($3,000,000) $3,000,000 $8,000,000 $8,000,000

185.98 Transfer all funds and activities from the After School Care, Child Care Services, Eligibility Determination, Energy Assistance, Food Stamp Eligibility and Benefits, Refugee Assistance, Support for Needy Families-Basic Assistance, Support for Needy Families-Work Assistance, and Support for Needy Families-Family Assistance programs to create a new Economic Assistance program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

$0

185.99 CC: The purpose of this appropriation is to expand the provision of after school care services and earn a 1:2 matching rate for contributed Maintenance of Effort (MOE) funds. Senate: The purpose of this appropriation is to expand the provision of after school care services and earn a 1:2 matching rate for contributed Maintenance of Effort (MOE) funds.

Temporary Assistance for Needy Families Grant CFDA93.558

$0

$0

185.0After School Care

Appropriation (HB 95)

The purpose of this appropriation is to expand the provision of after school care services and earn a 1:2 matching rate for contributed Maintenance of Effort (MOE) funds.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures TANF Maintenance-of-Effort from External Sources
TOTAL PUBLIC FUNDS

$3,000,000 $3,000,000 $11,000,000 $11,000,000 $11,000,000 $20,000,000 $20,000,000 $20,000,000 $34,000,000

$3,000,000 $3,000,000 $11,000,000 $11,000,000 $11,000,000 $20,000,000 $20,000,000 $20,000,000 $34,000,000

$14,000,000 $14,000,000 $14,000,000 $28,000,000 $28,000,000 $28,000,000 $42,000,000

$14,000,000 $14,000,000 $14,000,000 $28,000,000 $28,000,000 $28,000,000 $42,000,000

Child and Adolescent Addictive Diseases Services

Continuation Budget

FRIDAY, APRIL 20, 2007

4569

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Grant CFDA93.959 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$9,610,739 $9,610,739 $16,939,372 $2,486,458
$1 $14,452,912
$1 $1 $3 $3 $3 $26,550,114

$9,610,739 $9,610,739 $16,939,372 $2,486,458
$1 $14,452,912
$1 $1 $3 $3 $3 $26,550,114

$9,610,739 $9,610,739 $16,939,372 $2,486,458
$1 $14,452,912
$1 $1 $3 $3 $3 $26,550,114

$9,610,739 $9,610,739 $16,939,372 $2,486,458
$1 $14,452,912
$1 $1 $3 $3 $3 $26,550,114

186.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$165,228

$165,228

$165,228

$165,228

186.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (CC:Spread critical hire adjustments)

State General Funds

$282,092

$282,092

$282,092

$286,534

186.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$812,839

$812,839

$812,839

$812,839

186.4 Utilize existing funds to implement a secret shopper initiative to provide for increased customer service and accessibility. (G:YES)(H:YES)(S:Utilize savings to fund SR363 (2007 Session) "Mental Health Service Delivery Commission Creation")(CC:NO)

State General Funds

$0

$0

($11,111)

($11,111)

186.98 Transfer all funds and activities from the Child and Adolescent Addictive Diseases, Child and Adolescent Developmental Disabilities Services, Child and Adolescent Forensic Services and Child and Adolescent Mental Health Services programs to create a new Child and Adolescent Services program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

$0

4570

JOURNAL OF THE HOUSE

186.0Child and Adolescent Addictive Diseases Services

Appropriation (HB 95)

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Grant CFDA93.959 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$10,870,898 $10,870,898 $16,939,372 $2,486,458
$1 $14,452,912
$1 $1 $3 $3 $3 $27,810,273

$10,870,898 $10,870,898 $16,939,372 $2,486,458
$1 $14,452,912
$1 $1 $3 $3 $3 $27,810,273

$10,859,787 $10,859,787 $16,939,372 $2,486,458
$1 $14,452,912
$1 $1 $3 $3 $3 $27,799,162

$10,864,229 $10,864,229 $16,939,372 $2,486,458
$1 $14,452,912
$1 $1 $3 $3 $3 $27,803,604

Child and Adolescent Developmental Disabilities

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TANF Unobligated Balance per 42 USC 604
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$12,473,193 $12,473,193 $9,997,858
$2 $6,509,867 $3,487,988 $3,487,988
$1 $4 $4 $4 $22,471,055

$12,473,193 $12,473,193 $9,997,858
$2 $6,509,867 $3,487,988 $3,487,988
$1 $4 $4 $4 $22,471,055

$12,473,193 $12,473,193 $9,997,858
$2 $6,509,867 $3,487,988 $3,487,988
$1 $4 $4 $4 $22,471,055

$12,473,193 $12,473,193 $9,997,858
$2 $6,509,867 $3,487,988 $3,487,988
$1 $4 $4 $4 $22,471,055

187.1 Annualize the cost of the FY07 salary adjustment.

FRIDAY, APRIL 20, 2007

4571

State General Funds

$141,624

$141,624

$141,624

$141,624

187.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (CC:Spread critical hire adjustments)

State General Funds

$241,794

$241,794

$241,794

$247,565

187.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$696,719

$696,719

$696,719

$696,719

187.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$983,304

$983,304

$983,304

$983,304

187.5 Increase funds to annualize the cost of the 1,500 Mental Retardation Waiver Program slots added in HB1027 (FY07). (S:Reflect original department projections)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$1,617,290 $2,501,086 $4,118,376

$1,617,290 $2,501,086 $4,118,376

$1,446,339 $2,236,715 $3,683,054

$1,446,339 $2,236,715 $3,683,054

187.6 Increase funds to provide for an additional 1,330 slots in the Mental Retardation Waiver Program (MRWP). (S and CC: Increase funds for a net increase of 1,546 unduplicated recipients)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$1,944,587 $2,483,960 $4,428,547

$1,944,587 $2,483,960 $4,428,547

$1,944,587 $2,483,960 $4,428,547

$1,944,587 $2,483,960 $4,428,547

187.7 Reduce funds due to declining caseloads (reflects the Governor's TANF plan on page 200 of the Governor's Budget Report).

Temporary Assistance for Needy Families Grant CFDA93.558

($3,000,000) ($3,000,000) ($3,000,000) ($3,000,000)

187.8 Transfer the remaining contract funds for the American Association of Adapted Sports from the Department of Labor Roosevelt Warm Springs program. (H:Transfer to the Department of Education Central Office program)

State General Funds

$5,797

$0

($534,069)

($534,069)

187.9 Utilize existing funds to implement a secret shopper initiative to provide for increased customer service and accessibility. (G:YES)(H:YES)(S:Utilize savings to fund SR363 (2007 Session) "Mental Health Service Delivery Commission Creation")(CC:NO)

State General Funds

$0

$0

($11,111)

($11,111)

187.10 Increase funds for the Matthew Reardon Center for expansion of current facilities and growth of the outreach program. [One-
Time Change]

4572

JOURNAL OF THE HOUSE

State General Funds

$50,000

$200,000

$200,000

187.11 Reduce funds.

Federal Funds Not Itemized TANF Unobligated Balance per 42 USC 604 TOTAL PUBLIC FUNDS

($1)

($1)

($1)

($1)

($2)

($2)

187.12 Increase funds to raise nurse salaries to 85% of the market as identified in the Georgia Merit System Compensation and Benefits Study.

State General Funds

$1,511

$1,511

187.98 Transfer all funds and activities from the Child and Adolescent Addictive Diseases, Child and Adolescent Developmental Disabilities Services, Child and Adolescent Forensic Services and Child and Adolescent Mental Health Services programs to create a new Child and Adolescent Services program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

$0

187.0Child and Adolescent Developmental Disabilities

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TANF Unobligated Balance per 42 USC 604
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$18,104,308 $18,104,308 $11,982,904
$2 $11,494,913
$487,988 $487,988
$1 $4 $4 $4 $30,087,216

$18,148,511 $18,148,511 $11,982,904
$2 $11,494,913
$487,988 $487,988
$1 $4 $4 $4 $30,131,419

$17,583,891 $17,583,891 $11,718,531
$1 $11,230,542
$487,988 $487,988
$4 $4 $4 $29,302,426

$17,589,662 $17,589,662 $11,718,531
$1 $11,230,542
$487,988 $487,988
$4 $4 $4 $29,308,197

Child and Adolescent Forensic Services

Continuation Budget

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.

FRIDAY, APRIL 20, 2007

4573

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$2,869,514 $2,869,514
$276,007 $1
$276,006 $6 $6 $6
$937,587 $937,587 $937,587 $4,083,114

$2,869,514 $2,869,514
$276,007 $1
$276,006 $6 $6 $6
$937,587 $937,587 $937,587 $4,083,114

$2,869,514 $2,869,514
$276,007 $1
$276,006 $6 $6 $6
$937,587 $937,587 $937,587 $4,083,114

$2,869,514 $2,869,514
$276,007 $1
$276,006 $6 $6 $6
$937,587 $937,587 $937,587 $4,083,114

188.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$23,604

$23,604

$23,604

$23,604

188.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$40,298

$40,298

$40,298

$40,298

188.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$116,119

$116,119

$116,119

$116,119

188.4 Utilize existing funds to implement a secret shopper initiative to provide for increased customer service and accessibility. (G:YES)(H:YES)(S:Utilize savings to fund SR363 (2007 Session) "Mental Health Service Delivery Commission Creation")(CC:NO)

State General Funds

$0

$0

($11,111)

($11,111)

188.98 Transfer all funds and activities from the Child and Adolescent Addictive Diseases, Child and Adolescent Developmental Disabilities Services, Child and Adolescent Forensic Services and Child and Adolescent Mental Health Services programs to create a new Child and Adolescent Services program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

$0

188.0Child and Adolescent Forensic Services

Appropriation (HB 95)

4574

JOURNAL OF THE 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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$3,049,535 $3,049,535
$276,007 $1
$276,006 $6 $6 $6
$937,587 $937,587 $937,587 $4,263,135

$3,049,535 $3,049,535
$276,007 $1
$276,006 $6 $6 $6
$937,587 $937,587 $937,587 $4,263,135

$3,038,424 $3,038,424
$276,007 $1
$276,006 $6 $6 $6
$937,587 $937,587 $937,587 $4,252,024

$3,038,424 $3,038,424
$276,007 $1
$276,006 $6 $6 $6
$937,587 $937,587 $937,587 $4,252,024

Child and Adolescent Mental Health Services

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Community Mental Health Services Block Grant CFDA93.958 Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$68,528,745 $68,528,745 $5,368,941 $5,365,824
$3,117 $11 $11 $11
$73,897,697

$68,528,745 $68,528,745 $5,368,941 $5,365,824
$3,117 $11 $11 $11
$73,897,697

$68,528,745 $68,528,745 $5,368,941 $5,365,824
$3,117 $11 $11 $11
$73,897,697

$68,528,745 $68,528,745 $5,368,941 $5,365,824
$3,117 $11 $11 $11
$73,897,697

189.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$456,346

$456,346

$456,346

$456,346

189.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (CC:Spread critical hire adjustments)

FRIDAY, APRIL 20, 2007

4575

State General Funds

$779,116

$779,116

$779,116

$805,761

189.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$2,244,994

$2,244,994

$2,244,994

$2,244,994

189.4 Transfer funds and activities for child and adolescent therapeutic treatment services from the Out of Home Care program.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$33,024,017 $51,046,460 $84,070,477

$33,024,017 $51,046,460 $84,070,477

$33,024,017 $51,046,460 $84,070,477

$33,024,017 $51,046,460 $84,070,477

189.5 Utilize existing funds to implement a secret shopper initiative to provide for increased customer service and accessibility. (G:YES)(H:YES)(S:Utilize savings to fund SR363 (2007 Session) "Mental Health Service Delivery Commission Creation")(CC:NO)

State General Funds

$0

$0

($11,111)

($11,111)

189.6 Utilize existing funds to implement the parent peer initiative that assists families to become better informed and more participatory consumers in the treatment of their children and adolescents. (G:YES)(H:YES)(S and CC:Approval not required by the General Assembly)

State General Funds

$0

$0

$0

$0

189.7 Increase funds to raise nurse salaries to 85% of the market as identified in the Georgia Merit System Compensation and Benefits Study.

State General Funds

$13,284

$13,284

189.98 Transfer all funds and activities from the Child and Adolescent Addictive Diseases, Child and Adolescent Developmental Disabilities Services, Child and Adolescent Forensic Services and Child and Adolescent Mental Health Services programs to create a new Child and Adolescent Services program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

$0

189.0Child and Adolescent Mental Health Services

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS

$105,033,218 $105,033,218 $56,415,401

$105,033,218 $105,033,218 $56,415,401

$105,035,391 $105,035,391 $56,415,401

$105,062,036 $105,062,036 $56,415,401

4576

JOURNAL OF THE HOUSE

Community Mental Health Services Block Grant CFDA93.958 Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Sales and Services
Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$5,365,824 $51,049,577
$11 $11 $11 $161,448,630

$5,365,824 $51,049,577
$11 $11 $11 $161,448,630

$5,365,824 $51,049,577
$11 $11 $11 $161,450,803

$5,365,824 $51,049,577
$11 $11 $11 $161,477,448

Child Care Services

Continuation Budget

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 CCDF Mandatory & Matching Funds CFDA93.596 Federal Funds Not Itemized Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$57,805,665 $57,805,665 $175,018,410 $54,619,903 $90,698,416 $29,700,000
$90 $1 $1 $1 $1 $1
$232,824,076

$57,805,665 $57,805,665 $175,018,410 $54,619,903 $90,698,416 $29,700,000
$90 $1 $1 $1 $1 $1
$232,824,076

$57,805,665 $57,805,665 $175,018,410 $54,619,903 $90,698,416 $29,700,000
$90 $1 $1 $1 $1 $1
$232,824,076

$57,805,665 $57,805,665 $175,018,410 $54,619,903 $90,698,416 $29,700,000
$90 $1 $1 $1 $1 $1
$232,824,076

190.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$77,579

$77,579

$77,579

$77,579

190.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (CC:Spread critical hire adjustments)

State General Funds

$132,449

$132,449

$132,449

$133,802

190.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$381,649

$381,649

$381,649

$381,649

FRIDAY, APRIL 20, 2007

4577

190.4 Increase funds for child care services due to a backlog of clients on the inquiry list for services.

Temporary Assistance for Needy Families Grant CFDA93.558

$7,000,000

$0

$0

190.5 Replace Child Care Development Unobligated Balance funds due to full usage.

Federal Funds Not Itemized TANF Transfers to Child Care Development Fund per 42 USC 604 TOTAL PUBLIC FUNDS

($29,700,000) $29,700,000
$0

($29,700,000) $29,700,000
$0

190.98 Transfer all funds and activities from the After School Care, Child Care Services, Eligibility Determination, Energy Assistance, Food Stamp Eligibility and Benefits, Refugee Assistance, Support for Needy Families-Basic Assistance, Support for Needy Families-Work Assistance, and Support for Needy Families-Family Assistance programs to create a new Economic Assistance program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

$0

190.0Child Care Services

Appropriation (HB 95)

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 CCDF Mandatory & Matching Funds CFDA93.596 Federal Funds Not Itemized Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TANF Transfers to Child Care Development Fund per 42 USC 604
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$58,397,342 $58,397,342 $175,018,410 $54,619,903 $90,698,416 $29,700,000
$90 $1 $1
$1 $1 $1 $233,415,753

$58,397,342 $58,397,342 $182,018,410 $54,619,903 $90,698,416 $29,700,000
$90 $7,000,001 $7,000,001
$1 $1 $1 $240,415,753

$58,397,342 $58,397,342 $175,018,410 $54,619,903 $90,698,416
$90 $29,700,001
$1 $29,700,000
$1 $1 $1 $233,415,753

$58,398,695 $58,398,695 $175,018,410 $54,619,903 $90,698,416
$90 $29,700,001
$1 $29,700,000
$1 $1 $1 $233,417,106

Child Fatality Review Panel

Continuation Budget

4578

JOURNAL OF THE HOUSE

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 State General Funds
TOTAL PUBLIC FUNDS

$338,832 $338,832 $338,832

$338,832 $338,832 $338,832

$338,832 $338,832 $338,832

$338,832 $338,832 $338,832

191.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$4,000

$4,000

$4,000

$4,000

191.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$6,829

$6,829

$6,829

$6,829

191.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$19,678

$19,678

$19,678

$19,678

191.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$1,958

$1,958

$1,958

$1,958

191.0Child Fatality Review Panel

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$371,297 $371,297 $371,297

$371,297 $371,297 $371,297

$371,297 $371,297 $371,297

$371,297 $371,297 $371,297

Child Support Services

Continuation Budget

The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Social Services Block Grant CFDA93.667

$16,121,500 $16,121,500 $51,081,316 $50,961,316
$120,000

$16,121,500 $16,121,500 $51,081,316 $50,961,316
$120,000

$16,121,500 $16,121,500 $51,081,316 $50,961,316
$120,000

$16,121,500 $16,121,500 $51,081,316 $50,961,316
$120,000

FRIDAY, APRIL 20, 2007

4579

TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$300,000 $300,000 $300,000 $67,502,816

$300,000 $300,000 $300,000 $67,502,816

$300,000 $300,000 $300,000 $67,502,816

$300,000 $300,000 $300,000 $67,502,816

192.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$149,044

$149,044

$149,044

$149,044

192.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (CC:Spread critical hire adjustments)

State General Funds

$254,463

$254,463

$254,463

$406,416

192.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$733,223

$733,223

$733,223

$733,223

192.4 Replace previously earned incentive funds for the provision of child support enforcement funds.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$4,258,500

$4,258,500

$4,258,500 $2,541,500 $6,800,000

$4,258,500 $2,541,500 $6,800,000

192.0Child Support Services

Appropriation (HB 95)

The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Social Services Block Grant CFDA93.667
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$21,516,730 $21,516,730 $51,081,316 $50,961,316
$120,000 $300,000 $300,000 $300,000 $72,898,046

$21,516,730 $21,516,730 $51,081,316 $50,961,316
$120,000 $300,000 $300,000 $300,000 $72,898,046

$21,516,730 $21,516,730 $51,081,316 $50,961,316
$120,000 $2,841,500 $2,841,500 $2,841,500 $75,439,546

$21,668,683 $21,668,683 $51,081,316 $50,961,316
$120,000 $2,841,500 $2,841,500 $2,841,500 $75,591,499

Child Welfare Services

Continuation Budget

4580

JOURNAL OF THE 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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS CCDF Mandatory & Matching Funds CFDA93.596 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$63,769,691 $63,769,691 $177,067,396
$817,637 $14,611,424 $59,395,119 $14,215,324 $8,264,167 $79,763,725 $79,763,725 $13,490,607 $13,490,607 $13,490,607 $254,327,694

$63,769,691 $63,769,691 $177,067,396
$817,637 $14,611,424 $59,395,119 $14,215,324 $8,264,167 $79,763,725 $79,763,725 $13,490,607 $13,490,607 $13,490,607 $254,327,694

$63,769,691 $63,769,691 $177,067,396
$817,637 $14,611,424 $59,395,119 $14,215,324 $8,264,167 $79,763,725 $79,763,725 $13,490,607 $13,490,607 $13,490,607 $254,327,694

$63,769,691 $63,769,691 $177,067,396
$817,637 $14,611,424 $59,395,119 $14,215,324 $8,264,167 $79,763,725 $79,763,725 $13,490,607 $13,490,607 $13,490,607 $254,327,694

193.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$244,398

$244,398

$244,398

$244,398

193.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (CC:Spread critical hire adjustments)

State General Funds

$417,260

$417,260

$417,260

$1,056,753

193.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$1,202,317

$1,202,317

$1,202,317

$1,202,317

193.4 Replace previously earned targeted case management funds for case managers to effectively manage child welfare caseloads. (S:Pursue increased utilization of Foster Care Title IV-E funds)

State General Funds Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$13,883,875
($13,883,875) $0

$13,883,875
($13,883,875) $0

$1,401,781 $12,482,094 ($13,883,875)
$0

$5,000,000 $8,883,875 ($13,883,875)
$0

FRIDAY, APRIL 20, 2007

4581

193.5 Eliminate one-time staff salary bonuses (reflects the Governor's TANF plan on page 200 of the Governor's Budget Report).

Temporary Assistance for Needy Families Grant CFDA93.558

($2,000,000) ($2,000,000) ($2,000,000) ($2,000,000)

193.6 Reduce funds due to a reduction in number of foster care intake psychological assessments (reflects the Governor's TANF plan on page 200 of the Governor's Budget Report).

Temporary Assistance for Needy Families Grant CFDA93.558

($5,000,000) ($5,000,000) ($5,000,000) ($5,000,000)

193.7 Increase funds for Court Appointed Special Advocates (CASA) to serve additional children.
Sites: Atkinson County, Berrien County, Brooks County, Butts County, Clinch County, Cook County, Glascock County, Lamar County, Lanier County, Lincoln County, McDuffie County, Monroe County, Taliaferro County, Warren County, Wilkes County

State General Funds

$225,000

$400,000

$225,000

193.8 Increase funds for the initial clothing allowance for foster children ages 12 and under from $150 to $200 per child. Also provide an increase in the annual clothing allowance for all children in foster care from $200 per year per child to $300 per year per child.

State General Funds

$1,486,400

$1,486,400

$1,486,400

193.9 Increase funds for the Clayton County Rainbow House. [One-Time Change]

State General Funds

$25,000

$25,000

193.10 Transfer funds to the Family Violence program.

Temporary Assistance for Needy Families Grant CFDA93.558

($500,000)

($500,000)

193.11 Increase funds for the Juvenile Justice Fund for an Atlanta regional assessment center for child victims of prostitution and trafficking.

State General Funds

$350,000

$140,000

193.99 CC: The purpose of this appropriation is to provide for the investigating of allegations of child abuse and neglect, assessing family functioning, providing in-home support, counseling and treatment services, and to provide intervention services. Senate: The purpose of this appropriation is to provide for the investigating of allegations of child abuse and neglect, assessing family functioning, providing in-home support, counseling and treatment services, and to provide intervention services. House: The purpose of this appropriation is to investigate allegations of child abuse and neglect, assess family functioning, provide in-home support, counseling and treatment services, and to provide intervention services. Governor: Investigate allegations of child abuse and neglect, assess family functioning, provide in-home support, counseling and treatment services, and to provide intervention services.

State General Funds

$0

$0

$0

$0

4582

JOURNAL OF THE HOUSE

193.0Child Welfare Services

Appropriation (HB 95)

The purpose of this appropriation is to provide for the investigating of allegations of child abuse and neglect, assessing family functioning, providing in-home support, counseling and treatment services, and to provide intervention services.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS CCDF Mandatory & Matching Funds CFDA93.596 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$79,517,541 $79,517,541 $156,183,521
$817,637 $14,611,424 $59,395,119
$331,449 $8,264,167 $72,763,725 $72,763,725 $13,490,607 $13,490,607 $13,490,607 $249,191,669

$81,228,941 $81,228,941 $156,183,521
$817,637 $14,611,424 $59,395,119
$331,449 $8,264,167 $72,763,725 $72,763,725 $13,490,607 $13,490,607 $13,490,607 $250,903,069

$69,296,847 $69,296,847 $168,165,615
$817,637 $14,611,424 $71,877,213
$331,449 $8,264,167 $72,263,725 $72,263,725 $13,490,607 $13,490,607 $13,490,607 $250,953,069

$73,149,559 $73,149,559 $164,567,396
$817,637 $14,611,424 $68,278,994
$331,449 $8,264,167 $72,263,725 $72,263,725 $13,490,607 $13,490,607 $13,490,607 $251,207,562

Departmental Administration

Continuation Budget

The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 CCDF Mandatory & Matching Funds CFDA93.596 Community Services Block Grant CFDA93.569 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 Social Services Block Grant CFDA93.667

$110,218,587 $109,896,603
$321,984 $120,203,342
$716,038 $1,293,026
$4,069 $47,924,389 $9,812,170
$346,557 $31,769,360
$31,070 $5,505,106

$110,218,587 $109,896,603
$321,984 $120,203,342
$716,038 $1,293,026
$4,069 $47,924,389 $9,812,170
$346,557 $31,769,360
$31,070 $5,505,106

$110,218,587 $109,896,603
$321,984 $120,203,342
$716,038 $1,293,026
$4,069 $47,924,389 $9,812,170
$346,557 $31,769,360
$31,070 $5,505,106

$110,218,587 $109,896,603
$321,984 $120,203,342
$716,038 $1,293,026
$4,069 $47,924,389 $9,812,170
$346,557 $31,769,360
$31,070 $5,505,106

FRIDAY, APRIL 20, 2007

4583

Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures 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
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Optional Medicaid Services Payments
TOTAL PUBLIC FUNDS

$22,801,557 $22,801,557 $5,872,059
$8 $8 $2 $2 $2,915 $2,915 $2,240,293 $2,240,293 $3,628,841 $3,628,841 $3 $3 $2 $1 $236,293,991

$22,801,557 $22,801,557 $5,872,059
$8 $8 $2 $2 $2,915 $2,915 $2,240,293 $2,240,293 $3,628,841 $3,628,841 $3 $3 $2 $1 $236,293,991

$22,801,557 $22,801,557 $5,872,059
$8 $8 $2 $2 $2,915 $2,915 $2,240,293 $2,240,293 $3,628,841 $3,628,841 $3 $3 $2 $1 $236,293,991

$22,801,557 $22,801,557 $5,872,059
$8 $8 $2 $2 $2,915 $2,915 $2,240,293 $2,240,293 $3,628,841 $3,628,841 $3 $3 $2 $1 $236,293,991

194.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$1,175,950

$1,175,950

$1,175,950

$1,175,950

194.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (CC:Spread critical hire adjustments)

State General Funds

$2,007,700

$2,007,700

$2,007,700

$2,067,420

194.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$5,785,089

$5,785,089

$5,785,089

$5,785,089

194.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$7,071,974

$7,071,974

$7,071,974

$7,071,974

194.5 Increase funds for a Georgia Building Authority (GBA) rate change. (S:NO to GBA rate increase for utilities)

State General Funds

$261,391

$261,391

$42,527

$42,527

4584

JOURNAL OF THE HOUSE

194.6 Reduce funds from public health administration.

State General Funds

($500,000)

($500,000)

($500,000)

($500,000)

194.7 Reduce funds from DFCS administration operations.

State General Funds

($500,000)

($500,000)

($500,000)

($500,000)

194.8 Increase funds for the Virtual Presence initiative.

State General Funds

$1,000,000

$1,000,000

$0

$0

194.9 Reduce funds from administrative expenses.

State General Funds

($63,979)

($63,979)

($63,979)

($63,979)

194.10 Reduce funds from renegotiated contracts.

State General Funds

($3,252)

($3,252)

($3,252)

($3,252)

194.11 Eliminate time-limited Atlanta Food Bank supplemental funds (reflects the Governor's TANF plan on page 200 of the Governor's Budget Report). (S:Use restored funds to match for MOE in item 194.14)
Sites: City of Albany, City of Athens, City of Atlanta, City of Augusta, City of Columbus, City of Macon, City of Savannah, City of Valdosta

Temporary Assistance for Needy Families Grant CFDA93.558

($2,000,000) ($2,000,000)

$0

$0

194.12 Increase funds to purchase software to streamline the contracts management process. (H:YES)(S and CC:Does not require General Assembly approval) [One-Time Change]

State General Funds

$0

$0

$0

194.13 Reduce funds to reflect anticipated surplus due to operational efficiencies. (S:Recognize funds generated by administrative efficiencies to pay federal fines in FY07)

State General Funds

($1,500,000) ($1,500,000) ($1,500,000)

194.14 Recognize qualified food bank programs as Maintenance of Effort for TANF (MOE) and create an incentive for qualified food banks to partner with the state and meet federal reporting requirements. The matching rate for the state contribution to MOE shall be 1:3.

Temporary Assistance for Needy Families Grant CFDA93.558 TANF Maintenance-of-Effort from External Sources TOTAL PUBLIC FUNDS

$2,000,000 $18,000,000 $20,000,000

$2,000,000 $18,000,000 $20,000,000

194.15 Eliminate one-time funds.

Federal Funds Not Itemized

($4,448,824) ($4,448,824)

194.16 Eliminate one-time funds received in HB1027 (FY07) to upgrade SUCCESS for TANF reauthorization.

FRIDAY, APRIL 20, 2007

4585

State General Funds

($700,000)

($700,000)

194.17 Eliminate one-time funds received in HB1027 (FY07) for development of a business continuity and disaster recovery plan.

State General Funds

($950,000)

($950,000)

194.18 Increase funds to raise nurse salaries to 85% of the market as identified in the Georgia Merit System Compensation and Benefits Study.

State General Funds

$7,660

$7,660

194.95 Realize non-Georgia Building Authority lease savings through the renegotiation of rates to utilize state funds ($163,728) and federal funds ($80,642) for operations. (G:YES)(H:YES)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$0

$0

($163,728)

($163,728)

$0

$0

$0

$0

$0

$0

($163,728)

($163,728)

194.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize state funds ($1,039,296) and federal funds ($511,793) for operations. (G:YES)(H:YES)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$0

$0 ($1,039,296) ($1,039,296)

$0

$0

$0

$0

$0

$0 ($1,039,296) ($1,039,296)

194.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize state funds ($856,444) and federal funds ($421,631) for operations. (G:YES)(H:YES)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$0

$0

($856,444)

($856,444)

$0

$0

$0

$0

$0

$0

($856,444)

($856,444)

194.99 CC: The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office; provided that at least $6,000,000 in Temporary Assistance to Needy Family block grants be distributed to qualified food banks in exchange for a 1:3 Maintenance of Effort match. Senate: The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office; provided that at least $6,000,000 in Temporary Assistance to Needy Family block grants be distributed to qualified food banks in exchange for a 1:3 Maintenance of Effort match.

Temporary Assistance for Needy Families Grant CFDA93.558 194.0Departmental Administration

$0

$0

Appropriation (HB 95)

4586

JOURNAL OF THE HOUSE

The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office; provided that at least $6,000,000 in Temporary Assistance to Needy Family block grants be distributed to qualified food banks in exchange for a 1:3 Maintenance of Effort match.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 CCDF Mandatory & Matching Funds CFDA93.596 Community Services Block Grant CFDA93.569 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures TANF Maintenance-of-Effort from External Sources Contributions, Donations, and Forfeitures 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
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts

$126,453,460 $126,131,476
$321,984 $118,203,342
$716,038 $1,293,026
$4,069 $47,924,389 $9,812,170
$346,557 $31,769,360
$31,070 $5,505,106 $20,801,557 $20,801,557 $5,872,059
$8
$8 $2 $2 $2,915 $2,915 $2,240,293 $2,240,293 $3,628,841 $3,628,841 $3 $3 $2

$124,953,460 $124,631,476
$321,984 $118,203,342
$716,038 $1,293,026
$4,069 $47,924,389 $9,812,170
$346,557 $31,769,360
$31,070 $5,505,106 $20,801,557 $20,801,557 $5,872,059
$8
$8 $2 $2 $2,915 $2,915 $2,240,293 $2,240,293 $3,628,841 $3,628,841 $3 $3 $2

$120,032,788 $119,710,804
$321,984 $117,754,518
$716,038 $1,293,026
$4,069 $43,475,565 $9,812,170
$346,557 $31,769,360
$31,070 $5,505,106 $24,801,557 $24,801,557 $23,872,059 $18,000,008 $18,000,000
$8 $2 $2 $2,915 $2,915 $2,240,293 $2,240,293 $3,628,841 $3,628,841 $3 $3 $2

$120,092,508 $119,770,524
$321,984 $117,754,518
$716,038 $1,293,026
$4,069 $43,475,565 $9,812,170
$346,557 $31,769,360
$31,070 $5,505,106 $24,801,557 $24,801,557 $23,872,059 $18,000,008 $18,000,000
$8 $2 $2 $2,915 $2,915 $2,240,293 $2,240,293 $3,628,841 $3,628,841 $3 $3 $2

FRIDAY, APRIL 20, 2007

4587

Optional Medicaid Services Payments TOTAL PUBLIC FUNDS

$1

$1

$1

$1

$250,528,864 $249,028,864 $261,659,368 $261,719,088

Direct Care and Support Services

Continuation Budget

The purpose of this appropriation is to provide facility support services and direct patient support therapies.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$97,707,457 $97,707,457 $6,120,306 $6,120,300
$6 $42,343,799 $42,343,799 $42,343,799 $5,092,954 $5,092,954 $5,092,954 $151,264,516

$97,707,457 $97,707,457 $6,120,306 $6,120,300
$6 $42,343,799 $42,343,799 $42,343,799 $5,092,954 $5,092,954 $5,092,954 $151,264,516

$97,707,457 $97,707,457 $6,120,306 $6,120,300
$6 $42,343,799 $42,343,799 $42,343,799 $5,092,954 $5,092,954 $5,092,954 $151,264,516

$97,707,457 $97,707,457 $6,120,306 $6,120,300
$6 $42,343,799 $42,343,799 $42,343,799 $5,092,954 $5,092,954 $5,092,954 $151,264,516

195.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$1,058,460

$1,058,460

$1,058,460

$1,058,460

195.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (CC:Spread critical hire adjustments)

State General Funds

$1,807,107

$1,807,107

$1,807,107

$2,069,599

195.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$5,207,096

$5,207,096

$5,207,096

$5,207,096

195.4 Increase funds to renovate a building, replace chillers and pumps, upgrade the heating ventilation and air conditioning system, and increase propane tank storage capacity at Northwest Regional Hospital and replace chillers and valves at East Central Regional Hospital. [One-Time Change]

State General Funds

$1,970,000

$1,970,000

$1,970,000

$1,970,000

195.5 Increase funds to raise nurse salaries to 85% of the market as identified in the Georgia Merit System Compensation and Benefits Study.

4588

JOURNAL OF THE HOUSE

State General Funds

$26,994

$26,994

195.0Direct Care and Support Services

Appropriation (HB 95)

The purpose of this appropriation is to provide facility support services and direct patient support therapies.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$107,750,120 $107,750,120
$6,120,306 $6,120,300
$6 $42,343,799 $42,343,799 $42,343,799 $5,092,954 $5,092,954 $5,092,954 $161,307,179

$107,750,120 $107,750,120
$6,120,306 $6,120,300
$6 $42,343,799 $42,343,799 $42,343,799 $5,092,954 $5,092,954 $5,092,954 $161,307,179

$107,777,114 $107,777,114
$6,120,306 $6,120,300
$6 $42,343,799 $42,343,799 $42,343,799 $5,092,954 $5,092,954 $5,092,954 $161,334,173

$108,039,606 $108,039,606
$6,120,306 $6,120,300
$6 $42,343,799 $42,343,799 $42,343,799 $5,092,954 $5,092,954 $5,092,954 $161,596,665

Elder Abuse Investigations and Prevention

Continuation Budget

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667
TOTAL PUBLIC FUNDS

$9,475,604 $9,475,604 $7,024,297
$566,695 $4,178,063 $2,279,539 $16,499,901

$9,475,604 $9,475,604 $7,024,297
$566,695 $4,178,063 $2,279,539 $16,499,901

$9,475,604 $9,475,604 $7,024,297
$566,695 $4,178,063 $2,279,539 $16,499,901

$9,475,604 $9,475,604 $7,024,297
$566,695 $4,178,063 $2,279,539 $16,499,901

196.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$95,012

$95,012

$95,012

$95,012

196.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

FRIDAY, APRIL 20, 2007

4589

State General Funds

$162,216

$162,216

$162,216

$162,216

196.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$467,413

$467,413

$467,413

$467,413

196.0Elder Abuse Investigations and Prevention

Appropriation (HB 95)

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667
TOTAL PUBLIC FUNDS

$10,200,245 $10,200,245 $7,024,297
$566,695 $4,178,063 $2,279,539 $17,224,542

$10,200,245 $10,200,245 $7,024,297
$566,695 $4,178,063 $2,279,539 $17,224,542

$10,200,245 $10,200,245 $7,024,297
$566,695 $4,178,063 $2,279,539 $17,224,542

$10,200,245 $10,200,245 $7,024,297
$566,695 $4,178,063 $2,279,539 $17,224,542

Elder Community Living Services

Continuation Budget

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 State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667
TOTAL PUBLIC FUNDS

$73,397,916 $67,924,597 $5,473,319 $34,184,121 $19,829,293 $10,593,398 $3,761,430 $107,582,037

$73,397,916 $67,924,597 $5,473,319 $34,184,121 $19,829,293 $10,593,398 $3,761,430 $107,582,037

$73,397,916 $67,924,597 $5,473,319 $34,184,121 $19,829,293 $10,593,398 $3,761,430 $107,582,037

$73,397,916 $67,924,597 $5,473,319 $34,184,121 $19,829,293 $10,593,398 $3,761,430 $107,582,037

197.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$7,314

$7,314

$7,314

$7,314

197.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

4590

JOURNAL OF THE HOUSE

State General Funds

$12,488

$12,488

$12,488

$12,488

197.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$35,982

$35,982

$35,982

$35,982

197.4 Reduce funds from renegotiated contracts.

State General Funds

($32,446)

($32,446)

($32,446)

($32,446)

197.5 Increase funds for an additional 500 slots in the Community Care Services Program (CCSP) for eligible elderly clients that will enable them to continue to live at home. (S:Increase funds for a net increase of 610 unduplicated recipients)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$2,079,800 $2,970,200 $5,050,000

$2,079,800 $2,970,200 $5,050,000

$2,079,800 $2,970,200 $5,050,000

$2,079,800 $2,970,200 $5,050,000

197.6 Increase funds for an additional 1,000 slots in the non-Medicaid Home and Community Based Services (HCBS) Program for elderly clients to provide respite services that will enable them to continue to live at home.

State General Funds

$2,700,000

$2,700,000

$2,700,000

$2,700,000

197.7 Replace funds.

State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS

$1,808,586 ($1,808,586)
$0

$1,808,586 ($1,808,586)
$0

$1,808,586 ($1,808,586)
$0

$1,808,586 ($1,808,586)
$0

197.8 Replace funds to reflect changes in the Federal Financial Participation (FFP) rate for Medicaid.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($35,073) $35,073
$0

($35,073) $35,073
$0

197.0Elder Community Living Services

Appropriation (HB 95)

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 State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS

$78,201,054 $74,536,321 $3,664,733 $37,154,321

$78,201,054 $74,536,321 $3,664,733 $37,154,321

$78,165,981 $74,501,248 $3,664,733 $37,189,394

$78,165,981 $74,501,248 $3,664,733 $37,189,394

FRIDAY, APRIL 20, 2007

4591

Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 TOTAL PUBLIC FUNDS

$19,829,293 $13,563,598 $3,761,430 $115,355,375

$19,829,293 $13,563,598 $3,761,430 $115,355,375

$19,829,293 $13,598,671 $3,761,430 $115,355,375

$19,829,293 $13,598,671 $3,761,430 $115,355,375

Elder Support Services

Continuation Budget

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 State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$3,403,168 $876,095
$2,527,073 $5,470,220 $5,470,220 $8,873,388

$3,403,168 $876,095
$2,527,073 $5,470,220 $5,470,220 $8,873,388

$3,403,168 $876,095
$2,527,073 $5,470,220 $5,470,220 $8,873,388

$3,403,168 $876,095
$2,527,073 $5,470,220 $5,470,220 $8,873,388

198.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$595

$595

$595

$595

198.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$1,017

$1,017

$1,017

$1,017

198.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$2,928

$2,928

$2,928

$2,928

198.4 Eliminate one-time funds received in HB1027 (FY07) for the Ruth Byck Adult Day Care Center.
Sites: City of Savannah

State General Funds

($50,000)

($50,000)

($50,000)

($50,000)

198.5 Increase funds for Naturally Occurring Retirement Communities (NORC).

State General Funds

$225,000

$100,000

$200,000

198.0Elder Support Services

Appropriation (HB 95)

4592

JOURNAL OF THE 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.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$3,357,708 $830,635
$2,527,073 $5,470,220 $5,470,220 $8,827,928

$3,582,708 $1,055,635 $2,527,073 $5,470,220 $5,470,220 $9,052,928

$3,457,708 $930,635
$2,527,073 $5,470,220 $5,470,220 $8,927,928

$3,557,708 $1,030,635 $2,527,073 $5,470,220 $5,470,220 $9,027,928

Eligibility Determination

Continuation Budget

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$25,928,044 $25,928,044 $24,377,800 $24,377,800
$1 $1 $1 $50,305,845

$25,928,044 $25,928,044 $24,377,800 $24,377,800
$1 $1 $1 $50,305,845

$25,928,044 $25,928,044 $24,377,800 $24,377,800
$1 $1 $1 $50,305,845

$25,928,044 $25,928,044 $24,377,800 $24,377,800
$1 $1 $1 $50,305,845

199.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$132,967

$132,967

$132,967

$132,967

199.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$227,013

$227,013

$227,013

$227,013

199.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$654,131

$654,131

$654,131

$654,131

199.98 Transfer all funds and activities from the After School Care, Child Care Services, Eligibility Determination, Energy Assistance, Food Stamp Eligibility and Benefits, Refugee Assistance, Support for Needy Families-Basic Assistance, Support

FRIDAY, APRIL 20, 2007

4593

for Needy Families-Work Assistance, and Support for Needy Families-Family Assistance programs to create a new Economic

Assistance program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

$0

199.0Eligibility Determination

Appropriation (HB 95)

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$26,942,155 $26,942,155 $24,377,800 $24,377,800
$1 $1 $1 $51,319,956

$26,942,155 $26,942,155 $24,377,800 $24,377,800
$1 $1 $1 $51,319,956

$26,942,155 $26,942,155 $24,377,800 $24,377,800
$1 $1 $1 $51,319,956

$26,942,155 $26,942,155 $24,377,800 $24,377,800
$1 $1 $1 $51,319,956

Emergency Preparedness / Trauma System Improvement

Continuation Budget

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Preventive Health & Health Services Block Grant CFDA93.991
TOTAL PUBLIC FUNDS

$5,893,761 $5,893,761 $1,147,511
$7 $1,147,504 $7,041,272

$5,893,761 $5,893,761 $1,147,511
$7 $1,147,504 $7,041,272

$5,893,761 $5,893,761 $1,147,511
$7 $1,147,504 $7,041,272

$5,893,761 $5,893,761 $1,147,511
$7 $1,147,504 $7,041,272

200.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$19,902

$19,902

$19,902

$19,902

200.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (CC:Spread critical hire adjustments)

State General Funds

$33,981

$33,981

$33,981

$40,561

4594

JOURNAL OF THE HOUSE

200.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$97,908

$97,908

$97,908

$97,908

200.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$38,330

$38,330

$38,330

$38,330

200.5 Increase funds for the storage and distribution of antiviral medication for the treatment of a pandemic flu. [One-Time Change]

State General Funds

$250,000

$250,000

$250,000

$250,000

200.6 Increase funds for antiviral medications to treat pandemic flu. [One-Time Change]

State General Funds

$7,000,000

$7,000,000

200.7 Increase funds to raise nurse salaries to 85% of the market as identified in the Georgia Merit System Compensation and Benefits Study.

State General Funds

$7,335

$7,335

200.0Emergency Preparedness / Trauma System Improvement

Appropriation (HB 95)

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Preventive Health & Health Services Block Grant CFDA93.991
TOTAL PUBLIC FUNDS

$6,333,882 $6,333,882 $1,147,511
$7 $1,147,504 $7,481,393

$6,333,882 $6,333,882 $1,147,511
$7 $1,147,504 $7,481,393

$13,341,217 $13,341,217 $1,147,511
$7 $1,147,504 $14,488,728

$13,347,797 $13,347,797 $1,147,511
$7 $1,147,504 $14,495,308

Energy Assistance

Continuation Budget

The purpose of this appropriation is to assist low-income households in meeting their immediate home energy needs.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Low-Income Home Energy Assistance CFDA93.568
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures

$0 $0 $18,623,684 $18,623,684 $3 $2

$0 $0 $18,623,684 $18,623,684 $3 $2

$0 $0 $18,623,684 $18,623,684 $3 $2

$0 $0 $18,623,684 $18,623,684 $3 $2

FRIDAY, APRIL 20, 2007

4595

Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers
Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS

$2 $1 $1 $18,623,687

$2 $1 $1 $18,623,687

$2 $1 $1 $18,623,687

$2 $1 $1 $18,623,687

201.1 Reduce funds.

Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS

($2)

($2)

($2)

($2)

($1)

($1)

($1)

($1)

($3)

($3)

($3)

($3)

201.98 Transfer all funds and activities from the After School Care, Child Care Services, Eligibility Determination, Energy Assistance, Food Stamp Eligibility and Benefits, Refugee Assistance, Support for Needy Families-Basic Assistance, Support for Needy Families-Work Assistance, and Support for Needy Families-Family Assistance programs to create a new Economic Assistance program. (G:YES)(H:NO)(S:NO)

Low-Income Home Energy Assistance CFDA93.568

$0

$0

$0

$0

201.0Energy Assistance

Appropriation (HB 95)

The purpose of this appropriation is to assist low-income households in meeting their immediate home energy needs.

TOTAL FEDERAL FUNDS Low-Income Home Energy Assistance CFDA93.568
TOTAL PUBLIC FUNDS

$18,623,684 $18,623,684 $18,623,684

$18,623,684 $18,623,684 $18,623,684

$18,623,684 $18,623,684 $18,623,684

$18,623,684 $18,623,684 $18,623,684

Epidemiology

Continuation Budget

The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other events of public health concern.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures

$5,237,237 $5,121,600
$115,637 $372,351
$15,641 $159,960 $196,750
$6 $6

$5,237,237 $5,121,600
$115,637 $372,351
$15,641 $159,960 $196,750
$6 $6

$5,237,237 $5,121,600
$115,637 $372,351
$15,641 $159,960 $196,750
$6 $6

$5,237,237 $5,121,600
$115,637 $372,351
$15,641 $159,960 $196,750
$6 $6

4596

JOURNAL OF THE HOUSE

Contributions, Donations, and Forfeitures Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$6 $1 $1 $1 $5,609,595

$6 $1 $1 $1 $5,609,595

$6 $1 $1 $1 $5,609,595

$6 $1 $1 $1 $5,609,595

202.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$60,031

$60,031

$60,031

$60,031

202.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$102,491

$102,491

$102,491

$102,491

202.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$295,323

$295,323

$295,323

$295,323

202.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$21,203

$21,203

$21,203

$21,203

202.5 Reduce funds.

Contributions, Donations, and Forfeitures Not Itemized Agency to Agency Contracts TOTAL PUBLIC FUNDS

($6)

($6)

($6)

($6)

($1)

($1)

($1)

($1)

($7)

($7)

($7)

($7)

202.6 Increase funds for a specially equipped bus to perform sickle cell anemia testing throughout the state.

State General Funds

$300,000

$100,000

$300,000

202.7 Increase funds for the Georgia Poison Center.

State General Funds

$272,000

$100,000

202.0 Epidemiology

Appropriation (HB 95)

The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other events of public health concern.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds

$5,716,285 $5,600,648
$115,637

$6,016,285 $5,900,648
$115,637

$6,088,285 $5,972,648
$115,637

$6,116,285 $6,000,648
$115,637

FRIDAY, APRIL 20, 2007

4597

TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991
TOTAL PUBLIC FUNDS

$372,351 $15,641
$159,960 $196,750 $6,088,636

$372,351 $15,641
$159,960 $196,750 $6,388,636

$372,351 $15,641
$159,960 $196,750 $6,460,636

$372,351 $15,641
$159,960 $196,750 $6,488,636

Facility and Provider Regulation

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS

$7,460,083 $7,460,083 $6,632,801 $4,536,725 $2,096,076 $14,092,884

$7,460,083 $7,460,083 $6,632,801 $4,536,725 $2,096,076 $14,092,884

$7,460,083 $7,460,083 $6,632,801 $4,536,725 $2,096,076 $14,092,884

$7,460,083 $7,460,083 $6,632,801 $4,536,725 $2,096,076 $14,092,884

203.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$41,626

$41,626

$41,626

$41,626

203.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (CC:Spread critical hire adjustments)

State General Funds

$71,070

$71,070

$71,070

$76,201

203.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$204,781

$204,781

$204,781

$204,781

203.4 Increase funds to comply with the requirements of HB318 (2003 Session) "Adult Day Center Licensure Act". (S:Includes one time start-up costs of $187,500)(CC:House position)

State General Funds

$212,500

$400,000

$212,500

203.99 CC: The purpose of this appropriation is to inspect and license adult day services, foster care residential facilities, child placing agencies, long term care and health care facilities. Senate: The purpose of this appropriation is to inspect and license adult day services, foster care residential facilities, child placing agencies, long term care and health care facilities.

4598

JOURNAL OF THE HOUSE

State General Funds

$0

$0

203.0Facility and Provider Regulation

Appropriation (HB 95)

The purpose of this appropriation is to inspect and license adult day services, foster care residential facilities, child placing agencies, long term care and health care facilities.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS

$7,777,560 $7,777,560 $6,632,801 $4,536,725 $2,096,076 $14,410,361

$7,990,060 $7,990,060 $6,632,801 $4,536,725 $2,096,076 $14,622,861

$8,177,560 $8,177,560 $6,632,801 $4,536,725 $2,096,076 $14,810,361

$7,995,191 $7,995,191 $6,632,801 $4,536,725 $2,096,076 $14,627,992

Family Connection

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS

$9,387,572 $9,387,572 $2,468,771 $1,268,771 $1,200,000 $1,200,000 $11,856,343

$9,387,572 $9,387,572 $2,468,771 $1,268,771 $1,200,000 $1,200,000 $11,856,343

$9,387,572 $9,387,572 $2,468,771 $1,268,771 $1,200,000 $1,200,000 $11,856,343

$9,387,572 $9,387,572 $2,468,771 $1,268,771 $1,200,000 $1,200,000 $11,856,343

204.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$2,500

$2,500

$2,500

$2,500

204.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$4,267

$4,267

$4,267

$4,267

204.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$12,298

$12,298

$12,298

$12,298

FRIDAY, APRIL 20, 2007

4599

204.0Family Connection

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS

$9,406,637 $9,406,637 $2,468,771 $1,268,771 $1,200,000 $1,200,000 $11,875,408

$9,406,637 $9,406,637 $2,468,771 $1,268,771 $1,200,000 $1,200,000 $11,875,408

$9,406,637 $9,406,637 $2,468,771 $1,268,771 $1,200,000 $1,200,000 $11,875,408

$9,406,637 $9,406,637 $2,468,771 $1,268,771 $1,200,000 $1,200,000 $11,875,408

Family Violence Services

Continuation Budget

The purpose of this appropriation is to provide safe shelter and related services for victims of family violence.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS

$4,651,950 $4,651,950 $5,349,430
$284,186 $5,065,244 $5,065,244 $10,001,380

$4,651,950 $4,651,950 $5,349,430
$284,186 $5,065,244 $5,065,244 $10,001,380

$4,651,950 $4,651,950 $5,349,430
$284,186 $5,065,244 $5,065,244 $10,001,380

$4,651,950 $4,651,950 $5,349,430
$284,186 $5,065,244 $5,065,244 $10,001,380

205.1 Increase funds for the Fayette County Council on Domestic Violence (D/B/A Promise Place) for a shelter.
Sites: City of Fayetteville

State General Funds

$100,000

$0

$50,000

205.2 Transfer funds from the Child Welfare Services program to be distributed to family violence shelters for early intervention activities.

Temporary Assistance for Needy Families Grant CFDA93.558

$500,000

$500,000

205.0Family Violence Services

Appropriation (HB 95)

The purpose of this appropriation is to provide safe shelter and related services for victims of family violence.

TOTAL STATE FUNDS State General Funds

$4,651,950 $4,651,950

$4,751,950 $4,751,950

$4,651,950 $4,651,950

$4,701,950 $4,701,950

4600

JOURNAL OF THE HOUSE

TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS

$5,349,430 $284,186
$5,065,244 $5,065,244 $10,001,380

$5,349,430 $284,186
$5,065,244 $5,065,244 $10,101,380

$5,849,430 $284,186
$5,565,244 $5,565,244 $10,501,380

$5,849,430 $284,186
$5,565,244 $5,565,244 $10,551,380

Federal Unobligated Balances

Continuation Budget

The purpose of this appropriation is to reflect balances of federal funds from prior years. No services are provided.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized TANF Unobligated Balance per 42 USC 604
TOTAL PUBLIC FUNDS

$0 $0 $131,448,509 $20,591,603 $110,856,906 $131,448,509

$0 $0 $131,448,509 $20,591,603 $110,856,906 $131,448,509

$0 $0 $131,448,509 $20,591,603 $110,856,906 $131,448,509

$0 $0 $131,448,509 $20,591,603 $110,856,906 $131,448,509

206.1 Reduce balance to fund activities (See the Support for Needy Families-Basic Assistance program).

TANF Unobligated Balance per 42 USC 604

($1,349,000)

$0

$0

206.2 Reduce funds to reflect FY06 and FY07 expenditures.

Federal Funds Not Itemized TANF Unobligated Balance per 42 USC 604 TOTAL PUBLIC FUNDS

($20,591,603) ($71,832,613) ($92,424,216)

$0
($20,591,603) ($71,832,613) ($92,424,216)

206.0Federal Unobligated Balances

Appropriation (HB 95)

The purpose of this appropriation is to reflect balances of federal funds from prior years. No services are provided.

TOTAL FEDERAL FUNDS Federal Funds Not Itemized TANF Unobligated Balance per 42 USC 604
TOTAL PUBLIC FUNDS

$130,099,509 $20,591,603 $109,507,906 $130,099,509

$131,448,509 $20,591,603 $110,856,906 $131,448,509

$39,024,293
$39,024,293 $39,024,293

$39,024,293
$39,024,293 $39,024,293

Food Stamp Eligibility and Benefits

Continuation Budget

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.

FRIDAY, APRIL 20, 2007

4601

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

$23,938,726 $23,938,726 $29,693,546 $29,693,546
$1 $1 $1 $53,632,273

$23,938,726 $23,938,726 $29,693,546 $29,693,546
$1 $1 $1 $53,632,273

$23,938,726 $23,938,726 $29,693,546 $29,693,546
$1 $1 $1 $53,632,273

$23,938,726 $23,938,726 $29,693,546 $29,693,546
$1 $1 $1 $53,632,273

207.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$210,524

$210,524

$210,524

$210,524

207.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (CC:Spread critical hire adjustments)

State General Funds

$359,426

$359,426

$359,426

$362,992

207.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$1,035,673

$1,035,673

$1,035,673

$1,035,673

207.98 Transfer all funds and activities from the After School Care, Child Care Services, Eligibility Determination, Energy Assistance, Food Stamp Eligibility and Benefits, Refugee Assistance, Support for Needy Families-Basic Assistance, Support for Needy Families-Work Assistance, and Support for Needy Families-Family Assistance programs to create a new Economic Assistance program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

$0

207.0Food Stamp Eligibility and Benefits

Appropriation (HB 95)

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS

$25,544,349 $25,544,349 $29,693,546 $29,693,546
$1

$25,544,349 $25,544,349 $29,693,546 $29,693,546
$1

$25,544,349 $25,544,349 $29,693,546 $29,693,546
$1

$25,547,915 $25,547,915 $29,693,546 $29,693,546
$1

4602

JOURNAL OF THE HOUSE

Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1 $1 $55,237,896

$1 $1 $55,237,896

$1 $1 $55,237,896

$1 $1 $55,241,462

Immunization

Continuation Budget

The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines and technical assistance.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized
TOTAL PUBLIC FUNDS

$9,213,104 $9,213,104 $8,817,897 $1,351,438 $6,762,746
$1 $703,712
$1 $1 $1 $18,031,002

$9,213,104 $9,213,104 $8,817,897 $1,351,438 $6,762,746
$1 $703,712
$1 $1 $1 $18,031,002

$9,213,104 $9,213,104 $8,817,897 $1,351,438 $6,762,746
$1 $703,712
$1 $1 $1 $18,031,002

$9,213,104 $9,213,104 $8,817,897 $1,351,438 $6,762,746
$1 $703,712
$1 $1 $1 $18,031,002

208.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$99,147

$99,147

$99,147

$99,147

208.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (CC:Spread critical hire adjustments)

State General Funds

$169,274

$169,274

$169,274

$178,652

208.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$487,754

$487,754

$487,754

$487,754

208.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$236,751

$236,751

$236,751

$236,751

208.5 Increase funds for vaccines for underinsured children.

State General Funds

$1,500,000

$1,500,000

$1,500,000

$1,500,000

208.6 Increase funds for Human Papillomavirus (HPV) vaccines.

FRIDAY, APRIL 20, 2007

4603

State General Funds

$4,339,738

$0

$0

$0

208.7 Reduce funds.

Reserved Fund Balances Not Itemized

($1)

($1)

($1)

($1)

208.8 Increase funds to raise nurse salaries to 85% of the market as identified in the Georgia Merit System Compensation and Benefits Study.

State General Funds

$10,523

$10,523

208.0 Immunization

Appropriation (HB 95)

The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines and technical assistance.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991
TOTAL PUBLIC FUNDS

$16,045,768 $16,045,768 $8,817,897 $1,351,438 $6,762,746
$1 $703,712 $24,863,665

$11,706,030 $11,706,030 $8,817,897 $1,351,438 $6,762,746
$1 $703,712 $20,523,927

$11,716,553 $11,716,553 $8,817,897 $1,351,438 $6,762,746
$1 $703,712 $20,534,450

$11,725,931 $11,725,931 $8,817,897 $1,351,438 $6,762,746
$1 $703,712 $20,543,828

Infant and Child Essential Health Treatment Services

Continuation Budget

The purpose of this appropriation is to avoid unnecessary health problems in later life by providing comprehensive health services to

infants and children.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991
TOTAL PUBLIC FUNDS

$36,570,204 $36,570,204 $11,496,480 $2,913,461 $7,960,921
$354,742 $267,356 $48,066,684

$36,570,204 $36,570,204 $11,496,480 $2,913,461 $7,960,921
$354,742 $267,356 $48,066,684

$36,570,204 $36,570,204 $11,496,480 $2,913,461 $7,960,921
$354,742 $267,356 $48,066,684

$36,570,204 $36,570,204 $11,496,480 $2,913,461 $7,960,921
$354,742 $267,356 $48,066,684

209.1 Annualize the cost of the FY07 salary adjustment. State General Funds

$219,687

$219,687

$219,687

$219,687

4604

JOURNAL OF THE HOUSE

209.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (CC:Spread critical hire adjustments)

State General Funds

$375,065

$375,065

$375,065

$606,443

209.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$1,080,748

$1,080,748

$1,080,748

$1,080,748

209.4 Increase funds to reflect an adjustment in the Workers' Compensation premium.

State General Funds

$225,059

$225,059

$225,059

$225,059

209.5 Reduce funds due to renegotiated contracts. (S:Do not reduce contracts with Auditory-Verbal Center of Atlanta)

State General Funds

($62,725)

($62,725)

$0

$0

209.6 Increase funds to raise nurse salaries to 85% of the market as identified in the Georgia Merit System Compensation and Benefits Study.

State General Funds

$258,887

$258,887

209.98 Transfer all funds and activities from the Adolescent and Adult Essential Health Treatment Services and the Infant and Child Essential Health Treatment Services programs to create a new Essential Health Treatment Services program. (G:YES)(H:NO)(S:NO)(CC:NO)

State General Funds

$0

$0

$0

$0

209.0Infant and Child Essential Health Treatment Services

Appropriation (HB 95)

The purpose of this appropriation is to avoid unnecessary health problems in later life by providing comprehensive health services to infants and children.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991
TOTAL PUBLIC FUNDS

$38,408,038 $38,408,038 $11,496,480 $2,913,461 $7,960,921
$354,742 $267,356 $49,904,518

$38,408,038 $38,408,038 $11,496,480 $2,913,461 $7,960,921
$354,742 $267,356 $49,904,518

$38,729,650 $38,729,650 $11,496,480 $2,913,461 $7,960,921
$354,742 $267,356 $50,226,130

$38,961,028 $38,961,028 $11,496,480 $2,913,461 $7,960,921
$354,742 $267,356 $50,457,508

Infant and Child Health Promotion

Continuation Budget

FRIDAY, APRIL 20, 2007

4605

The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$15,738,490 $15,738,490 $92,696,153 $85,351,882 $1,258,688 $5,929,362
$156,221 $2,281,920
$1 $1 $2,281,919 $2,281,919 $110,716,563

$15,738,490 $15,738,490 $92,696,153 $85,351,882 $1,258,688 $5,929,362
$156,221 $2,281,920
$1 $1 $2,281,919 $2,281,919 $110,716,563

$15,738,490 $15,738,490 $92,696,153 $85,351,882 $1,258,688 $5,929,362
$156,221 $2,281,920
$1 $1 $2,281,919 $2,281,919 $110,716,563

$15,738,490 $15,738,490 $92,696,153 $85,351,882 $1,258,688 $5,929,362
$156,221 $2,281,920
$1 $1 $2,281,919 $2,281,919 $110,716,563

210.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$92,529

$92,529

$92,529

$92,529

210.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (CC:Spread critical hire adjustments)

State General Funds

$157,973

$157,973

$157,973

$2,556,473

210.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$455,196

$455,196

$455,196

$455,196

210.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$846,014

$846,014

$846,014

$846,014

210.5 Reduce funds from operations.

State General Funds

($1,500,000) ($1,500,000) ($1,500,000) ($1,500,000)

210.6 Increase funds for YMCA Youth Fit for Life program. [One-Time Change]

State General Funds

$100,000

$100,000

210.7 Increase funds to raise nurse salaries to 85% of the market as identified in the Georgia Merit System Compensation and Benefits Study.

4606

JOURNAL OF THE HOUSE

State General Funds

$2,683,857

$2,683,857

210.98 Transfer all funds and activities from the Adolescent and Adult Health Promotion, Infant and Child Health Promotion, Injury Prevention, and Substance Abuse Prevention programs to create a new Prevention and Health Promotion program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

$0

210.0Infant and Child Health Promotion

Appropriation (HB 95)

The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$15,790,202 $15,790,202 $92,696,153 $85,351,882 $1,258,688 $5,929,362
$156,221 $2,281,920
$1 $1 $2,281,919 $2,281,919 $110,768,275

$15,790,202 $15,790,202 $92,696,153 $85,351,882 $1,258,688 $5,929,362
$156,221 $2,281,920
$1 $1 $2,281,919 $2,281,919 $110,768,275

$18,574,059 $18,574,059 $92,696,153 $85,351,882 $1,258,688 $5,929,362
$156,221 $2,281,920
$1 $1 $2,281,919 $2,281,919 $113,552,132

$20,972,559 $20,972,559 $92,696,153 $85,351,882 $1,258,688 $5,929,362
$156,221 $2,281,920
$1 $1 $2,281,919 $2,281,919 $115,950,632

Infectious Disease Control

Continuation Budget

The purpose of this appropriation is to ensure quality prevention and treatment of HIV/AIDS, sexually transmitted diseases,

tuberculosis, and other infectious diseases.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS

$35,337,965 $35,337,965 $11,144,644 $11,060,774
$83,866 $4
$150,000

$35,337,965 $35,337,965 $11,144,644 $11,060,774
$83,866 $4
$150,000

$35,337,965 $35,337,965 $11,144,644 $11,060,774
$83,866 $4
$150,000

$35,337,965 $35,337,965 $11,144,644 $11,060,774
$83,866 $4
$150,000

FRIDAY, APRIL 20, 2007

4607

Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$150,000 $150,000 $46,632,609

$150,000 $150,000 $46,632,609

$150,000 $150,000 $46,632,609

$150,000 $150,000 $46,632,609

211.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$417,524

$417,524

$417,524

$417,524

211.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (CC:Spread critical hire adjustments)

State General Funds

$712,840

$712,840

$712,840

$781,039

211.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$2,054,011

$2,054,011

$2,054,011

$2,054,011

211.4 Increase funds to annualize the cost of operating the Public Health Laboratory in Waycross.

State General Funds

$536,907

$536,907

$536,907

$536,907

211.5 Increase funds to raise nurse salaries to 85% of the market as identified in the Georgia Merit System Compensation and Benefits Study.

State General Funds

$76,325

$76,325

211.0Infectious Disease Control

Appropriation (HB 95)

The purpose of this appropriation is to ensure quality prevention and treatment of HIV/AIDS, sexually transmitted diseases, tuberculosis, and other infectious diseases.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$39,059,247 $39,059,247 $11,144,644 $11,060,774
$83,866 $4
$150,000 $150,000 $150,000 $50,353,891

$39,059,247 $39,059,247 $11,144,644 $11,060,774
$83,866 $4
$150,000 $150,000 $150,000 $50,353,891

$39,135,572 $39,135,572 $11,144,644 $11,060,774
$83,866 $4
$150,000 $150,000 $150,000 $50,430,216

$39,203,771 $39,203,771 $11,144,644 $11,060,774
$83,866 $4
$150,000 $150,000 $150,000 $50,498,415

4608

JOURNAL OF THE HOUSE

Injury Prevention

Continuation Budget

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991
TOTAL PUBLIC FUNDS

$934,622 $934,622 $112,013
$7 $1 $112,005 $1,046,635

$934,622 $934,622 $112,013
$7 $1 $112,005 $1,046,635

$934,622 $934,622 $112,013
$7 $1 $112,005 $1,046,635

$934,622 $934,622 $112,013
$7 $1 $112,005 $1,046,635

212.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$17,449

$17,449

$17,449

$17,449

212.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$29,790

$29,790

$29,790

$29,790

212.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$85,840

$85,840

$85,840

$85,840

212.4 Increase funds for suicide prevention activities.

Tobacco Settlement Funds

$300,000

$150,000

212.98 Transfer all funds and activities from the Adolescent and Adult Health Promotion, Infant and Child Health Promotion, Injury Prevention, and Substance Abuse Prevention programs to create a new Prevention and Health Promotion program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

$0

212.0Injury Prevention

Appropriation (HB 95)

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.

TOTAL STATE FUNDS State General Funds

$1,067,701 $1,067,701

$1,067,701 $1,067,701

$1,367,701 $1,067,701

$1,217,701 $1,067,701

FRIDAY, APRIL 20, 2007

4609

Tobacco Settlement Funds TOTAL FEDERAL FUNDS
Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS

$112,013 $7 $1
$112,005 $1,179,714

$112,013 $7 $1
$112,005 $1,179,714

$300,000 $112,013
$7 $1 $112,005 $1,479,714

$150,000 $112,013
$7 $1 $112,005 $1,329,714

Inspections and Environmental Hazard Control

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$14,471,588 $14,471,588
$543,737 $4
$194,703 $12,258
$336,772 $1 $1 $1
$15,015,326

$14,471,588 $14,471,588
$543,737 $4
$194,703 $12,258
$336,772 $1 $1 $1
$15,015,326

$14,471,588 $14,471,588
$543,737 $4
$194,703 $12,258
$336,772 $1 $1 $1
$15,015,326

$14,471,588 $14,471,588
$543,737 $4
$194,703 $12,258
$336,772 $1 $1 $1
$15,015,326

213.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$53,926

$53,926

$53,926

$53,926

213.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (CC:Spread critical hire adjustments)

State General Funds

$92,068

$92,068

$92,068

$95,621

213.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$265,289

$265,289

$265,289

$265,289

213.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$134,667

$134,667

$134,667

$134,667

4610

JOURNAL OF THE HOUSE

213.5 Reduce funds.

Sales and Services Not Itemized

($1)

($1)

($1)

($1)

213.6 Increase funds to raise nurse salaries to 85% of the market as identified in the Georgia Merit System Compensation and Benefits Study.

State General Funds

$3,998

$3,998

213.0Inspections and Environmental Hazard Control

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991
TOTAL PUBLIC FUNDS

$15,017,538 $15,017,538
$543,737 $4
$194,703 $12,258
$336,772 $15,561,275

$15,017,538 $15,017,538
$543,737 $4
$194,703 $12,258
$336,772 $15,561,275

$15,021,536 $15,021,536
$543,737 $4
$194,703 $12,258
$336,772 $15,565,273

$15,025,089 $15,025,089
$543,737 $4
$194,703 $12,258
$336,772 $15,568,826

Out of Home Care

Continuation Budget

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$148,012,773 $148,012,773 $90,971,341
$4,561,189 $24,469,353 $61,940,799 $61,940,799 $66,419,089 $66,419,089 $66,419,089 $305,403,203

$148,012,773 $148,012,773 $90,971,341
$4,561,189 $24,469,353 $61,940,799 $61,940,799 $66,419,089 $66,419,089 $66,419,089 $305,403,203

$148,012,773 $148,012,773 $90,971,341
$4,561,189 $24,469,353 $61,940,799 $61,940,799 $66,419,089 $66,419,089 $66,419,089 $305,403,203

$148,012,773 $148,012,773 $90,971,341
$4,561,189 $24,469,353 $61,940,799 $61,940,799 $66,419,089 $66,419,089 $66,419,089 $305,403,203

FRIDAY, APRIL 20, 2007

4611

214.1 Transfer funds and activities for child and adolescent therapeutic treatment services to the Child and Adolescent Mental Health Services program.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($33,024,017) ($51,046,460) ($84,070,477)

($33,024,017) ($51,046,460) ($84,070,477)

($33,024,017) ($51,046,460) ($84,070,477)

($33,024,017) ($51,046,460) ($84,070,477)

214.2 Transfer funds and activities for Grandparents Raising Grandchildren to the Support for Needy Families-Family Assistance program.

Temporary Assistance for Needy Families Grant CFDA93.558

($1,300,000) ($1,300,000) ($1,300,000) ($1,300,000)

214.3 Reduce funds due to the conversion of the state's institutional foster care system (reflects the Governor's TANF plan on page 200 of the Governor's Budget Report).

Temporary Assistance for Needy Families Grant CFDA93.558

($6,500,000) ($6,500,000) ($6,500,000) ($6,500,000)

214.4 Replace funds to reflect changes in the Federal Financial Participation (FFP) rate for Medicaid.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($1,308,496) $1,308,496
$0

($1,308,496) $1,308,496
$0

214.0Out of Home Care

Appropriation (HB 95)

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$114,988,756 $114,988,756 $83,171,341
$4,561,189 $24,469,353
$54,140,799 $54,140,799 $15,372,629 $15,372,629 $15,372,629 $213,532,726

$114,988,756 $114,988,756 $83,171,341
$4,561,189 $24,469,353
$54,140,799 $54,140,799 $15,372,629 $15,372,629 $15,372,629 $213,532,726

$113,680,260 $113,680,260 $84,479,837
$4,561,189 $24,469,353
$1,308,496 $54,140,799 $54,140,799 $15,372,629 $15,372,629 $15,372,629 $213,532,726

$113,680,260 $113,680,260 $84,479,837
$4,561,189 $24,469,353
$1,308,496 $54,140,799 $54,140,799 $15,372,629 $15,372,629 $15,372,629 $213,532,726

4612

JOURNAL OF THE HOUSE

Refugee Assistance

Continuation Budget

The purpose of this appropriation is to provide employment, health screening, medical, cash, and social services assistance to

refugees.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $3,184,010 $3,184,010 $3,184,010

$0 $0 $3,184,010 $3,184,010 $3,184,010

$0 $0 $3,184,010 $3,184,010 $3,184,010

$0 $0 $3,184,010 $3,184,010 $3,184,010

215.98 Transfer all funds and activities from the After School Care, Child Care Services, Eligibility Determination, Energy Assistance, Food Stamp Eligibility and Benefits, Refugee Assistance, Support for Needy Families-Basic Assistance, Support for Needy Families-Work Assistance, and Support for Needy Families-Family Assistance programs to create a new Economic Assistance program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

$0

215.0Refugee Assistance

Appropriation (HB 95)

The purpose of this appropriation is to provide employment, health screening, medical, cash, and social services assistance to refugees.

TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$3,184,010 $3,184,010 $3,184,010

$3,184,010 $3,184,010 $3,184,010

$3,184,010 $3,184,010 $3,184,010

$3,184,010 $3,184,010 $3,184,010

Substance Abuse Prevention

Continuation Budget

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Grant CFDA93.959
TOTAL AGENCY FUNDS

$758,691 $758,691 $10,512,486 $320,397
$1 $10,192,088
$4

$758,691 $758,691 $10,512,486 $320,397
$1 $10,192,088
$4

$758,691 $758,691 $10,512,486 $320,397
$1 $10,192,088
$4

$758,691 $758,691 $10,512,486 $320,397
$1 $10,192,088
$4

FRIDAY, APRIL 20, 2007

4613

Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$4 $4 $11,271,181

$4 $4 $11,271,181

$4 $4 $11,271,181

$4 $4 $11,271,181

216.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$48,424

$48,424

$48,424

$48,424

216.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$82,673

$82,673

$82,673

$82,673

216.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$238,221

$238,221

$238,221

$238,221

216.98 Transfer all funds and activities from the Adolescent and Adult Health Promotion, Infant and Child Health Promotion, Injury Prevention, and Substance Abuse Prevention programs to create a new Prevention and Health Promotion program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

$0

216.0Substance Abuse Prevention

Appropriation (HB 95)

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Grant CFDA93.959
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,128,009 $1,128,009 $10,512,486
$320,397 $1
$10,192,088 $4 $4 $4
$11,640,499

$1,128,009 $1,128,009 $10,512,486
$320,397 $1
$10,192,088 $4 $4 $4
$11,640,499

$1,128,009 $1,128,009 $10,512,486
$320,397 $1
$10,192,088 $4 $4 $4
$11,640,499

$1,128,009 $1,128,009 $10,512,486
$320,397 $1
$10,192,088 $4 $4 $4
$11,640,499

Support for Needy Families - Basic Assistance

Continuation Budget

4614

JOURNAL OF THE 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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TANF Unobligated Balance per 42 USC 604
TOTAL PUBLIC FUNDS

$14,400,000 $14,400,000 $85,568,339 $55,630,375 $55,630,375 $29,937,964 $99,968,339

$14,400,000 $14,400,000 $85,568,339 $55,630,375 $55,630,375 $29,937,964 $99,968,339

$14,400,000 $14,400,000 $85,568,339 $55,630,375 $55,630,375 $29,937,964 $99,968,339

$14,400,000 $14,400,000 $85,568,339 $55,630,375 $55,630,375 $29,937,964 $99,968,339

217.1 Reduce funds from direct cash assistance payments due to declining caseloads (reflects the Governor's TANF plan on page 200 of the Governor's Budget Report).

Temporary Assistance for Needy Families Grant CFDA93.558

($12,100,000) ($12,100,000) ($12,100,000) ($12,100,000)

217.2 Transfer funds to the Department of Community Affairs-Special Housing Initiatives program for grants to organizations, nonprofits, collaboratives or housing authorities to provide programs for the preservation of healthy marriages among lowincome individuals. (H:Recognize in the Federal Unobligated Balances program)

Temporary Assistance for Needy Families Grant CFDA93.558

$100,000

$100,000

$100,000

217.3 Replace funds.

Temporary Assistance for Needy Families Grant CFDA93.558 TANF Unobligated Balance per 42 USC 604 TOTAL PUBLIC FUNDS

($1,349,000) $1,349,000
$0

($4,325,895) $4,325,895
$0

($4,325,895) $4,325,895
$0

217.4 Recognize qualified food bank programs as Maintenance of Effort (MOE) for TANF in the Department Administration program and replace funds.

State General Funds Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS

($4,084,473) $4,084,473
$0

($4,084,473) $4,084,473
$0

217.98 Transfer all funds and activities from the After School Care, Child Care Services, Eligibility Determination, Energy Assistance, Food Stamp Eligibility and Benefits, Refugee Assistance, Support for Needy Families-Basic Assistance, Support for Needy Families-Work Assistance, and Support for Needy Families-Family Assistance programs to create a new Economic Assistance program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

$0

FRIDAY, APRIL 20, 2007

4615

217.0Support for Needy Families - Basic Assistance

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TANF Unobligated Balance per 42 USC 604
TOTAL PUBLIC FUNDS

$14,400,000 $14,400,000 $73,468,339 $42,181,375 $42,181,375 $31,286,964 $87,868,339

$14,400,000 $14,400,000 $73,568,339 $43,630,375 $43,630,375 $29,937,964 $87,968,339

$10,315,527 $10,315,527 $77,652,812 $43,388,953 $43,388,953 $34,263,859 $87,968,339

$10,315,527 $10,315,527 $77,652,812 $43,388,953 $43,388,953 $34,263,859 $87,968,339

Support for Needy Families - Family Assistance

Continuation Budget

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Community Services Block Grant CFDA93.569 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS

$17,902,053 $17,902,053 $64,126,846 $17,185,183 $10,643,225 $1,516,099 $9,905,211 $24,877,128 $24,877,128 $82,028,899

$17,902,053 $17,902,053 $64,126,846 $17,185,183 $10,643,225 $1,516,099 $9,905,211 $24,877,128 $24,877,128 $82,028,899

$17,902,053 $17,902,053 $64,126,846 $17,185,183 $10,643,225 $1,516,099 $9,905,211 $24,877,128 $24,877,128 $82,028,899

$17,902,053 $17,902,053 $64,126,846 $17,185,183 $10,643,225 $1,516,099 $9,905,211 $24,877,128 $24,877,128 $82,028,899

218.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$187,489

$187,489

$187,489

$187,489

218.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (CC:Spread critical hire adjustments)

State General Funds

$320,099

$320,099

$320,099

$905,480

218.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

4616

JOURNAL OF THE HOUSE

State General Funds

$922,352

$922,352

$922,352

$922,352

218.4 Transfer funds ($1,300,000) and activities for Grandparents Raising Grandchildren from the Out of Home Care program and increase funds ($1,349,000). (S:$250,000 to the Clayton County Kinship Program for Grandparents Raising Grandchildren activities)

State General Funds Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS

$2,649,000

$2,649,000

$250,000 $2,649,000 $2,899,000

$250,000 $2,649,000 $2,899,000

218.5 Reduce funds from renegotiated contracts.

State General Funds

($177,136)

($177,136)

($177,136)

($177,136)

218.6 Eliminate funds from the relocation of various county Department of Family and Children Services (DFCS) offices.
Sites: Banks County, Bryan County, Gordon County, Randolph County

State General Funds Foster Care Title IV-E CFDA93.658 TOTAL PUBLIC FUNDS

($200,000) ($200,000) ($400,000)

($200,000) ($200,000) ($400,000)

($200,000) ($200,000) ($400,000)

($200,000) ($200,000) ($400,000)

218.7 Increase funds for DFCS office expansions, renovations, or relocations in the following counties: Oconee ($50,000), Walton ($120,000), Carroll ($245,000) (S and CC:Add Liberty - $257,000 and Treutlen - $49,000)

State General Funds

$415,000

$721,000

$721,000

218.8 Replace funds to reflect changes in the Federal Financial Participation (FFP) rate for Medicaid.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($767,099) $767,099
$0

($767,099) $767,099
$0

218.98 Transfer all funds and activities from the After School Care, Child Care Services, Eligibility Determination, Energy Assistance, Food Stamp Eligibility and Benefits, Refugee Assistance, Support for Needy Families-Basic Assistance, Support for Needy Families-Work Assistance, and Support for Needy Families-Family Assistance programs to create a new Economic Assistance program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

$0

218.0Support for Needy Families - Family Assistance

Appropriation (HB 95)

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.

FRIDAY, APRIL 20, 2007

4617

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Community Services Block Grant CFDA93.569 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS

$18,954,857 $18,954,857 $66,575,846 $17,185,183 $10,643,225 $1,316,099 $9,905,211 $27,526,128 $27,526,128 $85,530,703

$19,369,857 $19,369,857 $66,575,846 $17,185,183 $10,643,225 $1,316,099 $9,905,211 $27,526,128 $27,526,128 $85,945,703

$19,158,758 $19,158,758 $67,342,945 $17,185,183 $10,643,225 $1,316,099 $10,672,310 $27,526,128 $27,526,128 $86,501,703

$19,744,139 $19,744,139 $67,342,945 $17,185,183 $10,643,225 $1,316,099 $10,672,310 $27,526,128 $27,526,128 $87,087,084

Support for Needy Families - Work Assistance

Continuation Budget

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS

$26,000,000 $26,000,000 $31,687,281
$1 $1 $31,687,279 $31,687,279 $57,687,281

$26,000,000 $26,000,000 $31,687,281
$1 $1 $31,687,279 $31,687,279 $57,687,281

$26,000,000 $26,000,000 $31,687,281
$1 $1 $31,687,279 $31,687,279 $57,687,281

$26,000,000 $26,000,000 $31,687,281
$1 $1 $31,687,279 $31,687,279 $57,687,281

219.1 Reduce funds from work assistance grants due to declining caseloads (reflects the Governor's TANF plan on page 200 of the Governor's Budget Report).

Temporary Assistance for Needy Families Grant CFDA93.558

($1,500,000) ($1,500,000) ($1,500,000) ($1,500,000)

219.2 Increase funds to reflect contracts with the Department of Labor (Reflects a $3,100,000 decrease for work assistance contracts due to declining caseloads).

Temporary Assistance for Needy Families Grant CFDA93.558

$6,900,000

$6,900,000

$6,900,000

$6,900,000

219.3 Increase funds to reflect contracts with the Department of Technical and Adult Education (Reflects a $1,000,000 decrease for contracts due to declining caseloads).

Temporary Assistance for Needy Families Grant CFDA93.558

$6,500,000

$6,500,000

$3,500,000

$3,500,000

4618

JOURNAL OF THE HOUSE

219.98 Transfer all funds and activities from the After School Care, Child Care Services, Eligibility Determination, Energy Assistance, Food Stamp Eligibility and Benefits, Refugee Assistance, Support for Needy Families-Basic Assistance, Support for Needy Families-Work Assistance, and Support for Needy Families-Family Assistance programs to create a new Economic

Assistance program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

$0

219.0Support for Needy Families - Work Assistance

Appropriation (HB 95)

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.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS

$26,000,000 $26,000,000 $43,587,281
$1 $1 $43,587,279 $43,587,279 $69,587,281

$26,000,000 $26,000,000 $43,587,281
$1 $1 $43,587,279 $43,587,279 $69,587,281

$26,000,000 $26,000,000 $40,587,281
$1 $1 $40,587,279 $40,587,279 $66,587,281

$26,000,000 $26,000,000 $40,587,281
$1 $1 $40,587,279 $40,587,279 $66,587,281

Vital Records

Continuation Budget

The purpose of this appropriation is to register, enter, archive and provide to the public in a timely manner, vital records and

associated documents.

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

$2,226,143 $2,226,143
$360,702 $360,702
$2 $2 $2 $2,586,847

$2,226,143 $2,226,143
$360,702 $360,702
$2 $2 $2 $2,586,847

$2,226,143 $2,226,143
$360,702 $360,702
$2 $2 $2 $2,586,847

$2,226,143 $2,226,143
$360,702 $360,702
$2 $2 $2 $2,586,847

220.1 Annualize the cost of the FY07 salary adjustment. State General Funds

$77,465

$77,465

$77,465

$77,465

FRIDAY, APRIL 20, 2007

4619

220.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (CC:Spread critical hire adjustments)

State General Funds

$132,257

$132,257

$132,257

$138,633

220.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$381,090

$381,090

$381,090

$381,090

220.4 Increase funds to raise nurse salaries to 85% of the market as identified in the Georgia Merit System Compensation and Benefits Study.

State General Funds

$7,134

$7,134

220.0Vital Records

Appropriation (HB 95)

The purpose of this appropriation is to register, enter, archive and provide to the public in a timely manner, vital records and associated documents.

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

$2,816,955 $2,816,955
$360,702 $360,702
$2 $2 $2 $3,177,659

$2,816,955 $2,816,955
$360,702 $360,702
$2 $2 $2 $3,177,659

$2,824,089 $2,824,089
$360,702 $360,702
$2 $2 $2 $3,184,793

$2,830,465 $2,830,465
$360,702 $360,702
$2 $2 $2 $3,191,169

Brain and Spinal Injury Trust Fund

Continuation Budget

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 Brain and Spinal Injury Trust Fund State General Funds
TOTAL PUBLIC FUNDS

$3,007,691 $3,007,691
$0 $3,007,691

$3,007,691 $3,007,691
$0 $3,007,691

$3,007,691 $3,007,691
$0 $3,007,691

$3,007,691 $3,007,691
$0 $3,007,691

221.1 Annualize the cost of the FY07 salary adjustment.

4620

JOURNAL OF THE HOUSE

Brain and Spinal Injury Trust Fund

$6,764

$6,764

$6,764

$6,764

221.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

Brain and Spinal Injury Trust Fund

$11,548

$11,548

$11,548

$11,548

221.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

Brain and Spinal Injury Trust Fund

$33,275

$33,275

$33,275

$33,275

221.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

Brain and Spinal Injury Trust Fund

$3,916

$3,916

$3,916

$3,916

221.0Brain and Spinal Injury Trust Fund

Appropriation (HB 95)

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 Brain and Spinal Injury Trust Fund
TOTAL PUBLIC FUNDS

$3,063,194 $3,063,194 $3,063,194

$3,063,194 $3,063,194 $3,063,194

$3,063,194 $3,063,194 $3,063,194

$3,063,194 $3,063,194 $3,063,194

Children's Trust Fund Commission

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized
TOTAL PUBLIC FUNDS

$7,244,828 $7,244,828
$250,000 $250,000 $250,000
$2 $1 $1 $1 $1 $7,494,830

$7,244,828 $7,244,828
$250,000 $250,000 $250,000
$2 $1 $1 $1 $1 $7,494,830

$7,244,828 $7,244,828
$250,000 $250,000 $250,000
$2 $1 $1 $1 $1 $7,494,830

$7,244,828 $7,244,828
$250,000 $250,000 $250,000
$2 $1 $1 $1 $1 $7,494,830

222.1 Annualize the cost of the FY07 salary adjustment.

FRIDAY, APRIL 20, 2007

4621

State General Funds

$4,633

$4,633

$4,633

$4,633

222.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$7,909

$7,909

$7,909

$7,909

222.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$22,792

$22,792

$22,792

$22,792

222.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$2,610

$2,610

$2,610

$2,610

222.5 Reduce funds.

Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS

($1)

($1)

($1)

($1)

($1)

($1)

($1)

($1)

($2)

($2)

($2)

($2)

222.6 Increase funds to Children's Advocacy Centers of Georgia for a web-based tracking system. [One-Time Change]

State General Funds

$250,000

$250,000

$250,000

222.0Children's Trust Fund Commission

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS

$7,282,772 $7,282,772
$250,000 $250,000 $250,000 $7,532,772

$7,532,772 $7,532,772
$250,000 $250,000 $250,000 $7,782,772

$7,532,772 $7,532,772
$250,000 $250,000 $250,000 $7,782,772

$7,532,772 $7,532,772
$250,000 $250,000 $250,000 $7,782,772

Council on Aging

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$174,761 $174,761 $174,761

$174,761 $174,761 $174,761

$174,761 $174,761 $174,761

$174,761 $174,761 $174,761

4622

JOURNAL OF THE HOUSE

223.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$2,400

$2,400

$2,400

$2,400

223.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$4,097

$4,097

$4,097

$4,097

223.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$11,806

$11,806

$11,806

$11,806

223.0Council on Aging

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$193,064 $193,064 $193,064

$193,064 $193,064 $193,064

$193,064 $193,064 $193,064

$193,064 $193,064 $193,064

Developmental Disabilities, Governor's Council on

Continuation Budget

The purpose of this appropriation is to promote quality services and support for people with developmental disabilities and their

families.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$29,705 $29,705 $2,262,002 $2,262,002 $2,291,707

$29,705 $29,705 $2,262,002 $2,262,002 $2,291,707

$29,705 $29,705 $2,262,002 $2,262,002 $2,291,707

$29,705 $29,705 $2,262,002 $2,262,002 $2,291,707

224.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$3,721

$3,721

$3,721

$3,721

224.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$6,352

$6,352

$6,352

$6,352

224.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$18,305

$18,305

$18,305

$18,305

FRIDAY, APRIL 20, 2007

4623

224.0Developmental Disabilities, Governor's Council on

Appropriation (HB 95)

The purpose of this appropriation is to promote quality services and support for people with developmental disabilities and their families.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$58,083 $58,083 $2,262,002 $2,262,002 $2,320,085

$58,083 $58,083 $2,262,002 $2,262,002 $2,320,085

$58,083 $58,083 $2,262,002 $2,262,002 $2,320,085

$58,083 $58,083 $2,262,002 $2,262,002 $2,320,085

Sexual Offender Review Board

Continuation Budget

TOTAL STATE FUNDS State General Funds

$0

$0

$0

$0

$0

$0

$0

$0

401.1 Increase funds for expanded duties of the Sexual Offender Review Board due to HB1059 (2006 Session) "Sexual Predators Act". (H:Recognize in the Departmental Administration program)

State General Funds

$336,001

$336,001

$336,001

$336,001

401.0Sexual Offender Review Board

Appropriation (HB 95)

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$336,001 $336,001 $336,001

$336,001 $336,001 $336,001

$336,001 $336,001 $336,001

$336,001 $336,001 $336,001

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

4624

JOURNAL OF THE HOUSE

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

$17,686,741 $17,686,741
$954,555 $954,555
$97,232 $97,232 $18,738,528

$17,686,741 $17,686,741
$954,555 $954,555
$97,232 $97,232 $18,738,528

$17,686,741 $17,686,741
$954,555 $954,555
$97,232 $97,232 $18,738,528

$17,686,741 $17,686,741
$954,555 $954,555
$97,232 $97,232 $18,738,528

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

$18,923,386 $18,923,386
$954,555 $954,555
$97,232 $97,232 $19,975,173

Section Total - Final

$18,923,386 $18,923,386
$954,555 $954,555
$97,232 $97,232 $19,975,173

$18,893,621 $18,893,621
$954,555 $954,555
$97,232 $97,232 $19,945,408

$18,864,818 $18,864,818
$954,555 $954,555
$97,232 $97,232 $19,916,605

Departmental Administration

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$2,295,936 $2,295,936 $2,295,936

$2,295,936 $2,295,936 $2,295,936

$2,295,936 $2,295,936 $2,295,936

$2,295,936 $2,295,936 $2,295,936

225.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$18,271

$18,271

$18,271

225.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

$18,271

FRIDAY, APRIL 20, 2007

4625

State General Funds

$34,245

$34,245

$34,245

$34,245

225.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$91,736

$91,736

$91,736

$91,736

225.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$10,195

$10,195

$10,195

$10,195

225.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$912

$912

$912

$912

225.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($3,126) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($3,126)

($3,126)

225.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($3,000) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($3,000)

($3,000)

225.0Departmental Administration

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$2,451,295 $2,451,295 $2,451,295

$2,451,295 $2,451,295 $2,451,295

$2,445,169 $2,445,169 $2,445,169

$2,445,169 $2,445,169 $2,445,169

Enforcement

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$812,230 $812,230 $812,230

$812,230 $812,230 $812,230

$812,230 $812,230 $812,230

$812,230 $812,230 $812,230

226.1 Annualize the cost of the FY07 salary adjustment.

4626

JOURNAL OF THE HOUSE

State General Funds

$6,131

$6,131

$6,131

$6,131

226.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$11,559

$11,559

$11,559

$11,559

226.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$30,965

$30,965

$30,965

$30,965

226.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$3,441

$3,441

$3,441

$3,441

226.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$3,475

$3,475

$3,475

$3,475

226.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($1,509) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($1,509)

($1,509)

226.0 Enforcement

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$867,801 $867,801 $867,801

$867,801 $867,801 $867,801

$866,292 $866,292 $866,292

$866,292 $866,292 $866,292

Fire Safety

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers

$5,134,731 $5,134,731
$954,555 $954,555
$97,232 $97,232

$5,134,731 $5,134,731
$954,555 $954,555
$97,232 $97,232

$5,134,731 $5,134,731
$954,555 $954,555
$97,232 $97,232

$5,134,731 $5,134,731
$954,555 $954,555
$97,232 $97,232

FRIDAY, APRIL 20, 2007

4627

Agency to Agency Contracts TOTAL PUBLIC FUNDS

$97,232 $6,186,518

$97,232 $6,186,518

$97,232 $6,186,518

$97,232 $6,186,518

227.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$39,232

$39,232

$39,232

$39,232

227.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$89,077

$89,077

$89,077

$89,077

227.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$238,617

$238,617

$238,617

$238,617

227.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$26,519

$26,519

$26,519

$26,519

227.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$5,626

$5,626

$5,626

$5,626

227.6 Increase funds to replace a motor vehicle with mileage in excess of 135,000.

State General Funds

$14,943

$0

227.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($3,127) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($3,127)

($3,127)

227.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($5,350) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($5,350)

($5,350)

227.0Fire Safety

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized

$5,533,802 $5,533,802
$954,555 $954,555

$5,533,802 $5,533,802
$954,555 $954,555

$5,540,268 $5,540,268
$954,555 $954,555

$5,525,325 $5,525,325
$954,555 $954,555

4628

JOURNAL OF THE HOUSE

TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$97,232 $97,232 $97,232 $6,585,589

$97,232 $97,232 $97,232 $6,585,589

$97,232 $97,232 $97,232 $6,592,055

$97,232 $97,232 $97,232 $6,577,112

Industrial Loan

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$723,126 $723,126 $723,126

$723,126 $723,126 $723,126

$723,126 $723,126 $723,126

$723,126 $723,126 $723,126

228.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$5,479

$5,479

$5,479

$5,479

228.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$10,356

$10,356

$10,356

$10,356

228.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$27,742

$27,742

$27,742

$27,742

228.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$3,083

$3,083

$3,083

$3,083

228.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$748

$748

$748

$748

228.6 Increase funds to replace a motor vehicle with mileage in excess of 135,000.

State General Funds

$13,860

$0

228.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($1,509) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($1,509)

($1,509)

228.0Industrial Loan

Appropriation (HB 95)

FRIDAY, APRIL 20, 2007

4629

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 State General Funds
TOTAL PUBLIC FUNDS

$770,534 $770,534 $770,534

$770,534 $770,534 $770,534

$782,885 $782,885 $782,885

$769,025 $769,025 $769,025

Insurance Regulation

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$5,617,954 $5,617,954 $5,617,954

$5,617,954 $5,617,954 $5,617,954

$5,617,954 $5,617,954 $5,617,954

$5,617,954 $5,617,954 $5,617,954

229.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$43,952

$43,952

$43,952

$43,952

229.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$81,627

$81,627

$81,627

$81,627

229.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$218,663

$218,663

$218,663

$218,663

229.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$24,302

$24,302

$24,302

$24,302

229.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$17,018

$17,018

$17,018

$17,018

229.6 Reduce funds from operations.

State General Funds

($13,860)

($13,860)

229.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($3,126) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($3,126)

($3,126)

4630

JOURNAL OF THE HOUSE

229.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($5,000) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($5,000)

($5,000)

229.0Insurance Regulation

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$6,003,516 $6,003,516 $6,003,516

$6,003,516 $6,003,516 $6,003,516

$5,981,530 $5,981,530 $5,981,530

$5,981,530 $5,981,530 $5,981,530

Special Fraud

Continuation Budget

The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,102,764 $3,102,764 $3,102,764

$3,102,764 $3,102,764 $3,102,764

$3,102,764 $3,102,764 $3,102,764

$3,102,764 $3,102,764 $3,102,764

230.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$20,598

$20,598

$20,598

$20,598

230.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$40,572

$40,572

$40,572

$40,572

230.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$108,685

$108,685

$108,685

$108,685

230.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$12,080

$12,080

$12,080

$12,080

230.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$11,739

$11,739

$11,739

$11,739

230.6 Reduce funds from operations.

State General Funds

($14,943)

($14,943)

FRIDAY, APRIL 20, 2007

4631

230.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($4,018) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($4,018)

($4,018)

230.0Special Fraud

Appropriation (HB 95)

The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,296,438 $3,296,438 $3,296,438

$3,296,438 $3,296,438 $3,296,438

$3,277,477 $3,277,477 $3,277,477

Section 29: Investigation, Georgia Bureau of

Section Total - Continuation

$3,277,477 $3,277,477 $3,277,477

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sanctions, Fines, and Penalties
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sanctions, Fines, and Penalties
TOTAL PUBLIC FUNDS
Bureau Administration

$65,881,591 $65,881,591 $29,883,487 $29,883,487 $4,887,711 $4,565,350
$322,361 $100,652,789

$65,881,591 $65,881,591 $29,883,487 $29,883,487 $4,887,711 $4,565,350
$322,361 $100,652,789

$65,881,591 $65,881,591 $29,883,487 $29,883,487 $4,887,711 $4,565,350
$322,361 $100,652,789

$65,881,591 $65,881,591 $29,883,487 $29,883,487 $4,887,711 $4,565,350
$322,361 $100,652,789

$73,538,123 $73,538,123 $29,883,487 $29,883,487 $4,887,711 $4,565,350
$322,361 $108,309,321

Section Total - Final

$73,538,123 $73,538,123 $29,883,487 $29,883,487 $4,887,711 $4,565,350
$322,361 $108,309,321

$74,268,077 $74,268,077 $29,883,487 $29,883,487 $4,887,711 $4,565,350
$322,361 $109,039,275

$74,268,077 $74,268,077 $29,883,487 $29,883,487 $4,887,711 $4,565,350
$322,361 $109,039,275

Continuation Budget

4632

JOURNAL OF THE HOUSE

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$9,634,077 $9,634,077
$6,812 $6,812 $1,434 $1,434 $1,434 $9,642,323

$9,634,077 $9,634,077
$6,812 $6,812 $1,434 $1,434 $1,434 $9,642,323

$9,634,077 $9,634,077
$6,812 $6,812 $1,434 $1,434 $1,434 $9,642,323

$9,634,077 $9,634,077
$6,812 $6,812 $1,434 $1,434 $1,434 $9,642,323

231.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$55,802

$55,802

$55,802

$55,802

231.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S and CC:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" and "C" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$66,021

$66,021

$66,021

$66,021

231.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$173,114

$173,114

$173,114

$173,114

231.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$37,875

$37,875

$37,875

$37,875

231.5 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations.

State General Funds

($71,380)

($71,380)

($71,380)

($71,380)

231.6 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to reduce funds from operations.

State General Funds

($25,270)

($25,270)

($25,270)

($25,270)

231.7 Increase funds for major repairs and renovations to statewide regional offices. [One-Time Change]

State General Funds

$118,000

$118,000

$118,000

$118,000

231.8 Increase funds to provide for an electrical system upgrade at the headquarters facility. [One-Time Change]

State General Funds

$1,050,000

$1,050,000

$1,050,000

$1,050,000

FRIDAY, APRIL 20, 2007

4633

231.0Bureau Administration

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$11,038,239 $11,038,239
$6,812 $6,812 $1,434 $1,434 $1,434 $11,046,485

$11,038,239 $11,038,239
$6,812 $6,812 $1,434 $1,434 $1,434 $11,046,485

$11,038,239 $11,038,239
$6,812 $6,812 $1,434 $1,434 $1,434 $11,046,485

$11,038,239 $11,038,239
$6,812 $6,812 $1,434 $1,434 $1,434 $11,046,485

Centralized Scientific Services

Continuation Budget

The purpose of this appropriation is to provide analysis of illicit and licit drugs, unknown substances, and fire debris evidence.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$12,605,551 $12,605,551
$3,601 $3,601 $3,601 $12,609,152

$12,605,551 $12,605,551
$3,601 $3,601 $3,601 $12,609,152

$12,605,551 $12,605,551
$3,601 $3,601 $3,601 $12,609,152

$12,605,551 $12,605,551
$3,601 $3,601 $3,601 $12,609,152

232.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$136,667

$136,667

$136,667

$136,667

232.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S and CC:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" and "C" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$175,813

$175,813

$175,813

$175,813

232.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$460,823

$460,823

$460,823

$460,823

232.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

4634

JOURNAL OF THE HOUSE

State General Funds

$92,765

$92,765

$92,765

$92,765

232.5 Increase funds for operations.

State General Funds

$350,000

$350,000

$350,000

$350,000

232.6 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations.

State General Funds

($77)

($77)

($77)

($77)

232.0Centralized Scientific Services

Appropriation (HB 95)

The purpose of this appropriation is to provide analysis of illicit and licit drugs, unknown substances, and fire debris evidence.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$13,821,542 $13,821,542
$3,601 $3,601 $3,601 $13,825,143

$13,821,542 $13,821,542
$3,601 $3,601 $3,601 $13,825,143

$13,821,542 $13,821,542
$3,601 $3,601 $3,601 $13,825,143

$13,821,542 $13,821,542
$3,601 $3,601 $3,601 $13,825,143

Criminal Justice Information Services

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$9,678,634 $9,678,634
$2,604 $2,604 $2,604 $9,681,238

$9,678,634 $9,678,634
$2,604 $2,604 $2,604 $9,681,238

$9,678,634 $9,678,634
$2,604 $2,604 $2,604 $9,681,238

$9,678,634 $9,678,634
$2,604 $2,604 $2,604 $9,681,238

233.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$97,882

$97,882

$97,882

$97,882

233.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S and CC:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" and "C" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$114,999

$114,999

$114,999

$114,999

FRIDAY, APRIL 20, 2007

4635

233.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$301,541

$301,541

$301,541

$301,541

233.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$66,435

$66,435

$66,435

$66,435

233.5 Increase funds to relocate servers and communication equipment located at Headquarters. [One-Time Change]

State General Funds

$225,131

$225,131

$225,131

$225,131

233.6 Realize Commission for a New Georgia savings through the E-Procurement initiative to reduce funds from operations.

State General Funds

($26,313)

($26,313)

($26,313)

($26,313)

233.0Criminal Justice Information Services

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$10,458,309 $10,458,309
$2,604 $2,604 $2,604 $10,460,913

$10,458,309 $10,458,309
$2,604 $2,604 $2,604 $10,460,913

$10,458,309 $10,458,309
$2,604 $2,604 $2,604 $10,460,913

$10,458,309 $10,458,309
$2,604 $2,604 $2,604 $10,460,913

Georgia Information Sharing and Analysis Center

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$824,274 $824,274
$479 $479 $479 $824,753

$824,274 $824,274
$479 $479 $479 $824,753

$824,274 $824,274
$479 $479 $479 $824,753

$824,274 $824,274
$479 $479 $479 $824,753

4636

JOURNAL OF THE HOUSE

234.1 Annualize the cost of the FY07 salary adjustment ($9,775) and the 3% salary adjustment for law enforcement personnel ($6,100).

State General Funds

$15,875

$15,875

$15,875

$15,875

234.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S and CC:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" and "C" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$12,077

$12,077

$12,077

$12,077

234.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$31,667

$31,667

$31,667

$31,667

234.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$6,636

$6,636

$6,636

$6,636

234.99 CC: The purpose of this appropriation 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 24-hour access to needed information. Senate: The purpose of this appropriation 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 24-hour access to needed information. House: The purpose of this appropriation 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. Governor: 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.

State General Funds

$0

$0

$0

$0

234.0Georgia Information Sharing and Analysis Center

Appropriation (HB 95)

The purpose of this appropriation 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 24-hour access to needed information.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$890,529 $890,529
$479 $479 $479 $891,008

$890,529 $890,529
$479 $479 $479 $891,008

$890,529 $890,529
$479 $479 $479 $891,008

$890,529 $890,529
$479 $479 $479 $891,008

FRIDAY, APRIL 20, 2007

4637

Regional Forensic Services

Continuation Budget

The purpose of this appropriation is to provide pathology services to determine cause and manner of death.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$8,215,666 $8,215,666
$2,255 $2,255 $2,255 $8,217,921

$8,215,666 $8,215,666
$2,255 $2,255 $2,255 $8,217,921

$8,215,666 $8,215,666
$2,255 $2,255 $2,255 $8,217,921

$8,215,666 $8,215,666
$2,255 $2,255 $2,255 $8,217,921

235.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$87,900

$87,900

$87,900

$87,900

235.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (S and CC:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" and "C" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$94,584

$94,584

$94,584

$94,584

235.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$247,832

$247,832

$247,832

$247,832

235.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$59,660

$59,660

$59,660

$59,660

235.5 Reduce funds from operations.

State General Funds

($350,000)

($350,000)

($350,000)

($350,000)

235.6 Increase funds for major repairs and renovations to statewide regional offices. [One-Time Change]

State General Funds

$129,000

$129,000

$129,000

$129,000

235.0Regional Forensic Services

Appropriation (HB 95)

The purpose of this appropriation is to provide pathology services to determine cause and manner of death.

TOTAL STATE FUNDS State General Funds

$8,484,642 $8,484,642

$8,484,642 $8,484,642

$8,484,642 $8,484,642

$8,484,642 $8,484,642

4638

JOURNAL OF THE HOUSE

TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$2,255 $2,255 $2,255 $8,486,897

$2,255 $2,255 $2,255 $8,486,897

$2,255 $2,255 $2,255 $8,486,897

$2,255 $2,255 $2,255 $8,486,897

Regional Investigative Services

Continuation Budget

The purpose of this appropriation is to identify, collect, preserve, and process evidence located during crime scene examinations.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$20,852,981 $20,852,981
$204,482 $204,482 $204,482 $21,057,463

$20,852,981 $20,852,981
$204,482 $204,482 $204,482 $21,057,463

$20,852,981 $20,852,981
$204,482 $204,482 $204,482 $21,057,463

$20,852,981 $20,852,981
$204,482 $204,482 $204,482 $21,057,463

236.1 Annualize the cost of the FY07 salary adjustment ($233,276) and the 3% salary adjustment for law enforcement personnel ($163,479).

State General Funds

$396,755

$396,755

$396,755

$396,755

236.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S and CC:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" and "C" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$307,256

$307,256

$307,256

$307,256

236.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$805,657

$805,657

$805,657

$805,657

236.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$158,332

$158,332

$158,332

$158,332

236.5 Increase funds to add six Special Agent positions and fill nine vacant Special Agent positions for the Meth Force to investigate methamphetamine related crimes.

State General Funds

$886,939

$886,939

$886,939

$886,939

236.6 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to increase funds for the Meth Force.

FRIDAY, APRIL 20, 2007

4639

State General Funds

$97,770

$97,770

$97,770

$97,770

236.7 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to increase funds for the Meth Force.

State General Funds

$25,270

$25,270

$25,270

$25,270

236.8 Increase funds for an additional eight Special Agent positions, four Computer Forensic Specialists positions and fill one Computer Specialist position to implement the Child Safety Initiative (CSI) to investigate child internet predator and child pornography cases.

State General Funds

$845,791

$845,791

$845,791

$845,791

236.9 Increase funds to add three Special Agent positions to implement the Georgia SecureID initiative.

State General Funds

$201,996

$201,996

$201,996

$201,996

236.10 Increase funds for major repairs and renovations to statewide regional offices. [One-Time Change]

State General Funds

$236,000

$236,000

$236,000

$236,000

236.11 Increase funds for one-time costs associated with eight additional Special Agents, four additional Forensic Computer Specialists and fill one vacancy for the Child Safety Initiative. [One-Time Change]

State General Funds

$302,632

$302,632

236.12 Increase funds for one-time costs associated with adding three Special Agents for the Georgia SecureID initiative. [One-Time
Change]

State General Funds

$89,262

$89,262

236.13 Increase funds for one-time costs associated to fill nine vacant Special Agent positions and to add six positions for the Meth Force. [One-Time Change]

State General Funds

$339,153

$339,153

236.98 Transfer all funds and activities from the Special Operations program. (G:YES)(H:YES)(S:NO)(CC:NO)

State General Funds

$0

$0

$0

$0

236.0Regional Investigative Services

Appropriation (HB 95)

The purpose of this appropriation is to identify, collect, preserve, and process evidence located during crime scene examinations.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services

$24,814,747 $24,814,747
$204,482 $204,482

$24,814,747 $24,814,747
$204,482 $204,482

$25,545,794 $25,545,794
$204,482 $204,482

$25,545,794 $25,545,794
$204,482 $204,482

4640

JOURNAL OF THE HOUSE

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$204,482 $25,019,229

Special Operations Unit

The purpose of this appropriation is to render safe explosive devices of all types.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$784,154 $784,154
$200 $200 $200 $784,354

$204,482 $25,019,229

$204,482 $25,750,276

Continuation Budget

$784,154 $784,154
$200 $200 $200 $784,354

$784,154 $784,154
$200 $200 $200 $784,354

$204,482 $25,750,276
$784,154 $784,154
$200 $200 $200 $784,354

237.98 Transfer all funds and activities to the Regional Investigative Services program. (G:YES)(H:YES)(S:NO)(CC:NO)

State General Funds

$0

$0

$0

$0

237.99 CC: The purpose of this appropriation is to respond to requests from law enforcement agencies statewide in order to render safe explosive devices of all types, and to assist in the identification, arrest and prosecution of individuals. Senate: The purpose of this appropriation is to respond to requests from law enforcement agencies statewide in order to render safe explosive devices of all types, and to assist in the identification, arrest and prosecution of individuals. House: The purpose of this appropriation is to respond on a statewide basis in order to render safe explosive devices of all types. Assist in the identification, arrest and prosecution of individuals. Governor: Respond on a statewide basis in order to render safe explosive devices of all types. Assist in the identification, arrest and prosecution of individuals.

State General Funds

$0

$0

$0

$0

237.0Special Operations Unit

Appropriation (HB 95)

The purpose of this appropriation is to respond to requests from law enforcement agencies statewide in order to render safe explosive devices of all types, and to assist in the identification, arrest and prosecution of individuals.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services

$784,154 $784,154
$200 $200

$784,154 $784,154
$200 $200

$784,154 $784,154
$200 $200

$784,154 $784,154
$200 $200

FRIDAY, APRIL 20, 2007

4641

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$200 $784,354

$200 $784,354

$200 $784,354

$200 $784,354

State Healthcare Fraud Unit

Continuation Budget

The purpose of this appropriation is to identify, arrest and prosecute providers of health care services who defraud the Medicaid

Program.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,124,121 $1,124,121
$387 $387 $387 $1,124,508

$1,124,121 $1,124,121
$387 $387 $387 $1,124,508

$1,124,121 $1,124,121
$387 $387 $387 $1,124,508

$1,124,121 $1,124,121
$387 $387 $387 $1,124,508

238.1 Annualize the cost of the FY07 salary adjustment ($6,887) and the 3% salary adjustment for law enforcement personnel ($6,000).

State General Funds

$12,887

$12,887

$12,887

$12,887

238.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S and CC:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" and "C" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$7,609

$7,609

$7,609

$7,609

238.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$19,946

$19,946

$19,946

$19,946

238.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$4,674

$4,674

$4,674

$4,674

238.0State Healthcare Fraud Unit

Appropriation (HB 95)

The purpose of this appropriation is to identify, arrest and prosecute providers of health care services who defraud the Medicaid Program.

TOTAL STATE FUNDS State General Funds

$1,169,237 $1,169,237

$1,169,237 $1,169,237

$1,169,237 $1,169,237

$1,169,237 $1,169,237

4642

JOURNAL OF THE HOUSE

TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$387 $387 $387 $1,169,624

$387 $387 $387 $1,169,624

$387 $387 $387 $1,169,624

$387 $387 $387 $1,169,624

Task Forces

Continuation Budget

The purpose of this appropriation is to provide the GBI supervisory support to 12 federally funded multi-jurisdictional drug task

forces.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,078,677 $1,078,677
$376 $376 $376 $1,079,053

$1,078,677 $1,078,677
$376 $376 $376 $1,079,053

$1,078,677 $1,078,677
$376 $376 $376 $1,079,053

$1,078,677 $1,078,677
$376 $376 $376 $1,079,053

239.1 Annualize the cost of the FY07 salary adjustment ($13,915) and the 3% salary adjustment for law enforcement personnel ($15,000).

State General Funds

$28,915

$28,915

$28,915

$28,915

239.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S and CC:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" and "C" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$16,712

$16,712

$16,712

$16,712

239.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$43,822

$43,822

$43,822

$43,822

239.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$9,444

$9,444

$9,444

$9,444

239.0Task Forces

Appropriation (HB 95)

The purpose of this appropriation is to provide the GBI supervisory support to 12 federally funded multi-jurisdictional drug task forces.

FRIDAY, APRIL 20, 2007

4643

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,177,570 $1,177,570
$376 $376 $376 $1,177,946

$1,177,570 $1,177,570
$376 $376 $376 $1,177,946

$1,177,570 $1,177,570
$376 $376 $376 $1,177,946

$1,177,570 $1,177,570
$376 $376 $376 $1,177,946

Criminal Justice Coordinating Council

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL PUBLIC FUNDS

$1,083,456 $1,083,456 $29,876,675 $29,876,675 $4,671,893 $4,349,532 $4,349,532
$322,361 $322,361 $35,632,024

$1,083,456 $1,083,456 $29,876,675 $29,876,675 $4,671,893 $4,349,532 $4,349,532
$322,361 $322,361 $35,632,024

$1,083,456 $1,083,456 $29,876,675 $29,876,675 $4,671,893 $4,349,532 $4,349,532
$322,361 $322,361 $35,632,024

$1,083,456 $1,083,456 $29,876,675 $29,876,675 $4,671,893 $4,349,532 $4,349,532
$322,361 $322,361 $35,632,024

240.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$4,500

$4,500

$4,500

$4,500

240.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$7,145

$7,145

$7,145

$7,145

240.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$1,456

$1,456

$1,456

$1,456

240.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$2,597

$2,597

$2,597

$2,597

240.5 Reduce one-time funds received in HB1027 (FY07) for the Local Law Enforcement and Fire Services (LLEFS) grant.

4644

JOURNAL OF THE HOUSE

State General Funds

($200,000)

($200,000)

($200,000)

($200,000)

240.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($47) for operations. (G:YES)(H:YES)(S:YES)

State General Funds

$0

$0

$0

$0

240.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($1,093) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($1,093)

($1,093)

240.0Criminal Justice Coordinating Council

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL PUBLIC FUNDS

$899,154 $899,154 $29,876,675 $29,876,675 $4,671,893 $4,349,532 $4,349,532 $322,361 $322,361 $35,447,722

$899,154 $899,154 $29,876,675 $29,876,675 $4,671,893 $4,349,532 $4,349,532 $322,361 $322,361 $35,447,722

$898,061 $898,061 $29,876,675 $29,876,675 $4,671,893 $4,349,532 $4,349,532 $322,361 $322,361 $35,446,629

$898,061 $898,061 $29,876,675 $29,876,675 $4,671,893 $4,349,532 $4,349,532 $322,361 $322,361 $35,446,629

Section 30: Juvenile Justice, Department of

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$297,707,111 $297,707,111
$2,932,743 $2,932,743
$152,858 $152,858 $18,227,465

$297,707,111 $297,707,111
$2,932,743 $2,932,743
$152,858 $152,858 $18,227,465

$297,707,111 $297,707,111
$2,932,743 $2,932,743
$152,858 $152,858 $18,227,465

$297,707,111 $297,707,111
$2,932,743 $2,932,743
$152,858 $152,858 $18,227,465

FRIDAY, APRIL 20, 2007

4645

Federal Funds Transfers TOTAL PUBLIC FUNDS

$18,227,465 $18,227,465 $18,227,465 $18,227,465 $319,020,177 $319,020,177 $319,020,177 $319,020,177

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers
TOTAL PUBLIC FUNDS

$326,356,559 $326,356,559
$2,823,666 $2,823,666
$152,858 $152,858 $18,227,465 $18,227,465 $347,560,548

Section Total - Final

$326,356,559 $326,356,559
$2,823,666 $2,823,666
$152,858 $152,858 $18,227,465 $18,227,465 $347,560,548

$318,988,293 $318,988,293
$2,823,666 $2,823,666
$152,858 $152,858 $18,227,465 $18,227,465 $340,192,282

$321,988,293 $321,988,293
$2,823,666 $2,823,666
$152,858 $152,858 $18,227,465 $18,227,465 $343,192,282

Community Non-Secure Commitment

Continuation Budget

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 youth and

non-secure, community-based placements and/or services for lower-risk youth.

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Foster Care Title IV-E CFDA93.658 FF Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS

$46,017,480 $46,017,480 $10,002,619 $10,002,619
$946,237 $9,056,382 $56,020,099

$46,017,480 $46,017,480 $10,002,619 $10,002,619
$946,237 $9,056,382 $56,020,099

$46,017,480 $46,017,480 $10,002,619 $10,002,619
$946,237 $9,056,382 $56,020,099

$46,017,480 $46,017,480 $10,002,619 $10,002,619
$946,237 $9,056,382 $56,020,099

241.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$31,990

$31,990

$31,990

$31,990

241.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S and CC:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$27,131

$27,131

$27,131

$27,131

4646

JOURNAL OF THE HOUSE

241.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$66,508

$66,508

$66,508

$66,508

241.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$20,404

$20,404

$20,404

$20,404

241.5 Increase funds to provide for a 4% Consumer Price Index (CPI) based inflationary adjustment for vendors providing placement services. (S and CC:3% CPI)

State General Funds

$456,788

$456,788

$342,591

$342,591

241.6 Increase funds to expand electronic monitoring services to supervise an additional sixty youth per day in the community and prevent unnecessary secure facility placements.

State General Funds

$163,287

$163,287

$163,287

$163,287

241.7

Increase funds for the Peachstate Wrap Around Initiative (KidsNet) to develop a coordinated community of care for children and their families.
Sites: Bartow County, Chatham County, Dade County, Floyd County, Fulton County, Gwinnett County, Haralson County, Newton County, Paulding County, Polk County, Rockdale County, Walker County

State General Funds

$1,000,000

$0

241.0Community Non-Secure Commitment

Appropriation (HB 95)

The purpose of this appropriation is to protect the public, hold youth accountable for their actions and assist youth in becoming lawabiding citizens by providing non-hardware secure community based residential placement and/or services for committed youth and non-secure, community-based placements and/or services for lower-risk youth.

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Foster Care Title IV-E CFDA93.658 FF Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS

$46,783,588 $46,783,588 $10,002,619 $10,002,619
$946,237 $9,056,382 $56,786,207

$46,783,588 $46,783,588 $10,002,619 $10,002,619
$946,237 $9,056,382 $56,786,207

$47,669,391 $47,669,391 $10,002,619 $10,002,619
$946,237 $9,056,382 $57,672,010

$46,669,391 $46,669,391 $10,002,619 $10,002,619
$946,237 $9,056,382 $56,672,010

Community Supervision

Continuation Budget

The purpose of this appropriation is to protect the public, hold youth accountable for their actions, and assist youth in becoming law-

abiding citizens.

FRIDAY, APRIL 20, 2007

4647

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Foster Care Title IV-E CFDA93.658 FF Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS

$42,739,092 $42,739,092
$7,898 $7,898 $7,898 $4,347,003 $4,347,003 $4,291,027 $55,976 $47,093,993

$42,739,092 $42,739,092
$7,898 $7,898 $7,898 $4,347,003 $4,347,003 $4,291,027 $55,976 $47,093,993

$42,739,092 $42,739,092
$7,898 $7,898 $7,898 $4,347,003 $4,347,003 $4,291,027 $55,976 $47,093,993

$42,739,092 $42,739,092
$7,898 $7,898 $7,898 $4,347,003 $4,347,003 $4,291,027 $55,976 $47,093,993

242.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$786,780

$786,780

$786,780

$786,780

242.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (S and CC:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$667,320

$667,320

$667,320

$667,320

242.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$1,635,776

$1,635,776

$1,635,776

$1,635,776

242.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$501,859

$501,859

$501,859

$501,859

242.5 Transfer funds and ten positions associated with assessment and orientation from the Secure Commitment program.

State General Funds

$311,631

$311,631

$311,631

$311,631

242.6 Increase funds to annualize the cost for thirty Intensive Supervision Program (ISP) staff.

State General Funds

$731,227

$731,227

$731,227

$731,227

242.7 Increase funds for sixty-seven additional Juvenile Probation and Parole Specialists (JPPS) to supervise and provide rehabilitative services to youth placed in community settings rather than secure facilities.

State General Funds

$3,214,409

$3,214,409

$3,214,409

$3,214,409

4648

JOURNAL OF THE HOUSE

242.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($59,447) for acceleration of the refresh rate for computers. (G:YES)(H:YES)

State General Funds

$0

$0

($59,447)

($59,447)

242.0Community Supervision

Appropriation (HB 95)

The purpose of this appropriation is to protect the public, hold youth accountable for their actions, and assist youth in becoming lawabiding citizens.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Foster Care Title IV-E CFDA93.658 FF Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS

$50,588,094 $50,588,094
$7,898 $7,898 $7,898 $4,347,003 $4,347,003 $4,291,027 $55,976 $54,942,995

$50,588,094 $50,588,094
$7,898 $7,898 $7,898 $4,347,003 $4,347,003 $4,291,027 $55,976 $54,942,995

$50,528,647 $50,528,647
$7,898 $7,898 $7,898 $4,347,003 $4,347,003 $4,291,027 $55,976 $54,883,548

$50,528,647 $50,528,647
$7,898 $7,898 $7,898 $4,347,003 $4,347,003 $4,291,027 $55,976 $54,883,548

Departmental Administration

Continuation Budget

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 State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Medical Assistance Program CFDA93.778 FF National School Lunch Program CFDA10.555
TOTAL PUBLIC FUNDS

$26,855,168 $26,855,168
$199,673 $199,673
$22,052 $177,621 $27,054,841

$26,855,168 $26,855,168
$199,673 $199,673
$22,052 $177,621 $27,054,841

$26,855,168 $26,855,168
$199,673 $199,673
$22,052 $177,621 $27,054,841

$26,855,168 $26,855,168
$199,673 $199,673
$22,052 $177,621 $27,054,841

243.1 Annualize the cost of the FY07 salary adjustment. State General Funds

$233,315

$233,315

$233,315

$233,315

FRIDAY, APRIL 20, 2007

4649

243.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (S and CC:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$210,191

$210,191

$210,191

$210,191

243.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$485,080

$485,080

$485,080

$485,080

243.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$148,823

$148,823

$148,823

$148,823

243.5 Transfer funds and one position from the apprehension unit from the Secure Commitment program.

State General Funds

$29,885

$29,885

$29,885

$29,885

243.6 Utilize existing funds for a full-time psychiatrist for behavioral health services in various secure facilities and add one position. (G:YES)(H:YES)(S and CC:Approval not required by the General Assembly)

State General Funds

$0

$0

$0

$0

243.7 Transfer funds and activities associated with investigations at Youth Development Campuses (YDC) and Regional Youth Detention Centers (RYDC) from the Secure Commitment and Secure Detention programs to provide additional operating resources for twelve new investigators.

State General Funds

$169,896

$169,896

$169,896

$169,896

243.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($37,355) for acceleration of the refresh rate for computers. (G:YES)(H:YES)

State General Funds

$0

$0

($37,355)

($37,355)

243.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($44,270) for wireless broadband internet access for caseworkers. (G:YES)(H:YES)

State General Funds

$0

$0

($44,270)

($44,270)

243.0Departmental Administration

Appropriation (HB 95)

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.

4650

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Medical Assistance Program CFDA93.778 FF National School Lunch Program CFDA10.555
TOTAL PUBLIC FUNDS

$28,132,358 $28,132,358
$199,673 $199,673
$22,052 $177,621 $28,332,031

$28,132,358 $28,132,358
$199,673 $199,673
$22,052 $177,621 $28,332,031

$28,050,733 $28,050,733
$199,673 $199,673
$22,052 $177,621 $28,250,406

$28,050,733 $28,050,733
$199,673 $199,673
$22,052 $177,621 $28,250,406

Secure Commitment (YDCs)

Continuation Budget

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 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 Federal Funds Transfers FF National School Lunch Program CFDA10.555
TOTAL PUBLIC FUNDS

$85,728,300 $85,728,300 $1,071,666 $1,071,666
$48,800 $48,800 $48,800 $2,157,394 $2,157,394 $2,157,394 $89,006,160

$85,728,300 $85,728,300 $1,071,666 $1,071,666
$48,800 $48,800 $48,800 $2,157,394 $2,157,394 $2,157,394 $89,006,160

$85,728,300 $85,728,300 $1,071,666 $1,071,666
$48,800 $48,800 $48,800 $2,157,394 $2,157,394 $2,157,394 $89,006,160

$85,728,300 $85,728,300 $1,071,666 $1,071,666
$48,800 $48,800 $48,800 $2,157,394 $2,157,394 $2,157,394 $89,006,160

244.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$1,372,548

$1,372,548

$1,372,548

$1,372,548

244.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (S and CC:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$1,182,965

$1,182,965

$1,182,965

$1,182,965

244.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

FRIDAY, APRIL 20, 2007

4651

State General Funds

$2,853,632

$2,853,632

$2,853,632

$2,853,632

244.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$875,498

$875,498

$875,498

$875,498

244.5

Increase funds to expand the 21st Century Learning Center After School Program to all Youth Developmental Centers (YDC) to provide structured after-hours educational and recreational activities and limit the occurrence of disruptions and other incidents.
Sites: Augusta State Youth Development Campus, Bill E. Ireland Youth Development Campus, Eastman Youth Development Campus, Macon Youth Development Campus, Muscogee Youth Development Campus, Sumter Youth Development Campus

State General Funds

$385,000

$385,000

$385,000

$385,000

244.6 Increase funds to expand the Think Exit at Entry academic and employment counseling program at various YDC facilities to provide transitional services to youth returning to the community.
Sites: Eastman Youth Development Campus, Macon Youth Development Campus, Sumter Youth Development Campus

State General Funds

$600,000

$600,000

$600,000

$600,000

244.7 Increase funds for substance abuse treatment programs at various YDC facilities to deter youth from engaging in further delinquent activity upon release.

State General Funds

$400,000

$400,000

$400,000

$400,000

244.8 Increase funds for nine juvenile correctional officer positions for those secure facilities unable to adequately provide required

staffing

patterns.

Sites: Augusta State Youth Development Campus, Bill E. Ireland Youth Development Campus, Macon Youth Development Campus

State General Funds

$281,079

$281,079

$281,079

$281,079

244.9 Increase funds for eight food service staff for full operation of kitchen and dining halls at the Bill Ireland and Eastman YDC facilities.

State General Funds

$161,920

$161,920

$161,920

$161,920

244.10 Increase funds for the continuation of the Savannah River Challenge YDC facility to isolate lesser offenders sentenced to Short-Term Program placements from more aggravated offenders in other YDC facilities.

State General Funds

$2,062,706

$2,062,706

$2,062,706

$2,062,706

244.11 Increase funds to provide a 4% Consumer Price Index (CPI) based inflationary adjustment for vendors providing placement services. (S and CC:3% CPI)

State General Funds

$148,132

$148,132

$111,099

$111,099

4652

JOURNAL OF THE HOUSE

244.12 Transfer funds, ten Assessment and Orientation positions and one Apprehension Unit position to the Community Supervision and Departmental Administration programs.

State General Funds

($341,516)

($341,516)

($341,516)

($341,516)

244.13 Transfer funds and activities associated with investigations at Youth Development Campuses (YDC) to the Departmental Administration program to provide additional operating resources for twelve new investigators.

State General Funds

($84,948)

($84,948)

($84,948)

($84,948)

244.14 Increase funds for utility costs.

State General Funds

$550,000

$550,000

$0

$0

244.15 Reduce funds to reflect a reduction in secure commitments as the result of an additional ten Intensive Supervision Program Staff.

State General Funds

($2,500,000) ($1,500,000)

244.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($119,242) for acceleration of the refresh rate for computers. (G:YES)(H:YES)

State General Funds

$0

$0

($119,242)

($119,242)

244.99 CC: The purpose of this appropriation is to protect the public and hold youth accountable for their actions by providing temporary, secure, and safe care, and supervision of high-risk youth. Senate: The purpose of this appropriation is to protect the public and hold youth accountable for their actions by providing temporary, secure, and safe care, and supervision of high-risk youth. House: 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 or services for committed youth. Governor: Protect the public and hold youth accountable for their actions by providing temporary, secure, and safe care, and supervision of high-risk youth.

State General Funds

$0

$0

$0

$0

244.0Secure Commitment (YDCs)

Appropriation (HB 95)

The purpose of this appropriation is to protect the public and hold youth accountable for their actions by providing temporary, secure, and safe care, and supervision of high-risk youth.

TOTAL STATE FUNDS State General Funds

$96,175,316 $96,175,316

$96,175,316 $96,175,316

$92,969,041 $92,969,041

$93,969,041 $93,969,041

FRIDAY, APRIL 20, 2007

4653

TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF National School Lunch Program CFDA10.555
TOTAL PUBLIC FUNDS

$1,071,666 $1,071,666
$48,800 $48,800 $48,800 $2,157,394 $2,157,394 $2,157,394 $99,453,176

$1,071,666 $1,071,666
$48,800 $48,800 $48,800 $2,157,394 $2,157,394 $2,157,394 $99,453,176

$1,071,666 $1,071,666
$48,800 $48,800 $48,800 $2,157,394 $2,157,394 $2,157,394 $96,246,901

$1,071,666 $1,071,666
$48,800 $48,800 $48,800 $2,157,394 $2,157,394 $2,157,394 $97,246,901

Secure Detention (RYDCs)

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF National School Lunch Program CFDA10.555
TOTAL PUBLIC FUNDS

$94,966,201 $94,966,201
$96,160 $96,160 $96,160 $1,520,776 $1,520,776 $1,520,776 $96,583,137

$94,966,201 $94,966,201
$96,160 $96,160 $96,160 $1,520,776 $1,520,776 $1,520,776 $96,583,137

$94,966,201 $94,966,201
$96,160 $96,160 $96,160 $1,520,776 $1,520,776 $1,520,776 $96,583,137

$94,966,201 $94,966,201
$96,160 $96,160 $96,160 $1,520,776 $1,520,776 $1,520,776 $96,583,137

245.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$1,640,290

$1,640,290

$1,640,290

$1,640,290

245.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (S and CC:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$1,410,055

$1,410,055

$1,410,055

$1,410,055

245.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

4654

JOURNAL OF THE HOUSE

State General Funds

$3,410,289

$3,410,289

$3,410,289

$3,410,289

245.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$1,046,281

$1,046,281

$1,046,281

$1,046,281

245.5 Transfer funds and activities associated with investigations at Regional Youth Detention Centers (RYDC) to the Departmental Administration program to provide additional operating resources for twelve new investigators.

State General Funds

($84,948)

($84,948)

($84,948)

($84,948)

245.6 Increase funds to provide a 4% Consumer Price Index (CPI) based inflationary adjustment for vendors providing placement services. (S and CC:3% CPI)

State General Funds

$330,503

$330,503

$247,877

$247,877

245.7 Increase funds for utility costs.

State General Funds

$550,000

$550,000

$0

$0

245.8 Reduce funds to reflect a reduction in secure placements as the result of sixty-two additional youth being served in the community by electronic monitoring.

State General Funds

($4,000,000) ($1,000,000)

245.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($132,092) for acceleration of the refresh rate for computers. (G:YES)(H:YES)

State General Funds

$0

$0

($132,092)

($132,092)

245.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($141,320) for wireless broadband internet access for acceleration of the refresh rate for computers. (G:YES)(H:YES)

State General Funds

$0

$0

($141,320)

($141,320)

245.0Secure Detention (RYDCs)

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$103,268,671 $103,268,671
$96,160 $96,160 $96,160 $1,520,776

$103,268,671 $103,268,671
$96,160 $96,160 $96,160 $1,520,776

$98,362,633 $98,362,633
$96,160 $96,160 $96,160 $1,520,776

$101,362,633 $101,362,633
$96,160 $96,160 $96,160 $1,520,776

FRIDAY, APRIL 20, 2007

4655

Federal Funds Transfers FF National School Lunch Program CFDA10.555
TOTAL PUBLIC FUNDS

$1,520,776 $1,520,776 $104,885,607

$1,520,776 $1,520,776 $104,885,607

$1,520,776 $1,520,776 $99,979,569

$1,520,776 $1,520,776 $102,979,569

Children and Youth Coordinating Council

Continuation Budget

The purpose of this appropriation is to assist local communities in preventing and reducing juvenile delinquency.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$1,400,870 $1,400,870 $1,861,077 $1,861,077 $3,261,947

$1,400,870 $1,400,870 $1,861,077 $1,861,077 $3,261,947

$1,400,870 $1,400,870 $1,861,077 $1,861,077 $3,261,947

$1,400,870 $1,400,870 $1,861,077 $1,861,077 $3,261,947

246.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$7,662

$7,662

$7,662

$7,662

246.2 Reduce funds associated with juvenile delinquency prevention.

Federal Funds Not Itemized

($109,077)

($109,077)

($109,077)

($109,077)

246.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($684) for the duplication of educational materials. (G:YES)(H:YES)

State General Funds

$0

$0

($684)

($684)

246.0Children and Youth Coordinating Council

Appropriation (HB 95)

The purpose of this appropriation is to assist local communities in preventing and reducing juvenile delinquency.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$1,408,532 $1,408,532 $1,752,000 $1,752,000 $3,160,532

$1,408,532 $1,408,532 $1,752,000 $1,752,000 $3,160,532

$1,407,848 $1,407,848 $1,752,000 $1,752,000 $3,159,848

$1,407,848 $1,407,848 $1,752,000 $1,752,000 $3,159,848

Section 31: Labor, Department of

Section Total - Continuation

4656

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers
TOTAL PUBLIC FUNDS

$51,657,624 $51,657,624 $260,940,826 $260,940,826 $30,793,878 $30,793,878 $10,004,800 $10,004,800 $353,397,128

$51,657,624 $51,657,624 $260,940,826 $260,940,826 $30,793,878 $30,793,878 $10,004,800 $10,004,800 $353,397,128

$51,657,624 $51,657,624 $260,940,826 $260,940,826 $30,793,878 $30,793,878 $10,004,800 $10,004,800 $353,397,128

$51,657,624 $51,657,624 $260,940,826 $260,940,826 $30,793,878 $30,793,878 $10,004,800 $10,004,800 $353,397,128

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Reserved Fund Balances Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers
TOTAL PUBLIC FUNDS

$57,044,294 $57,044,294 $260,232,588 $260,232,588 $30,793,878
$30,793,878 $6,904,800 $6,904,800 $354,975,560

Section Total - Final

$57,021,425 $57,021,425 $260,693,322 $260,693,322 $30,793,878
$30,793,878 $6,904,800 $6,904,800 $355,413,425

$55,079,022 $55,079,022 $260,232,588 $260,232,588 $31,293,878
$500,000 $30,793,878 $6,904,800 $6,904,800 $353,510,288

$55,209,022 $55,209,022 $260,232,588 $260,232,588 $31,293,878
$500,000 $30,793,878 $6,904,800 $6,904,800 $353,640,288

Business Enterprise Program

Continuation Budget

The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$420,302 $420,302 $1,316,085 $1,316,085 $1,736,387

$420,302 $420,302 $1,316,085 $1,316,085 $1,736,387

$420,302 $420,302 $1,316,085 $1,316,085 $1,736,387

$420,302 $420,302 $1,316,085 $1,316,085 $1,736,387

247.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$1,941

$1,941

$918

$918

247.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

FRIDAY, APRIL 20, 2007

4657

State General Funds

$3,517

$3,517

$4,540

$4,540

247.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$9,204

$9,204

$9,204

$9,204

247.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$6,555

$6,555

$6,555

$6,555

247.0Business Enterprise Program

Appropriation (HB 95)

The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$441,519 $441,519 $1,316,085 $1,316,085 $1,757,604

$441,519 $441,519 $1,316,085 $1,316,085 $1,757,604

$441,519 $441,519 $1,316,085 $1,316,085 $1,757,604

$441,519 $441,519 $1,316,085 $1,316,085 $1,757,604

Department of Labor Administration

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$3,221,668 $3,221,668 $10,607,019 $10,607,019 $13,828,687

$3,221,668 $3,221,668 $10,607,019 $10,607,019 $13,828,687

$3,221,668 $3,221,668 $10,607,019 $10,607,019 $13,828,687

$3,221,668 $3,221,668 $10,607,019 $10,607,019 $13,828,687

248.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$28,436

$28,436

$12,752

$12,752

248.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$42,337

$42,337

$58,021

$58,021

248.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$110,786

$110,786

$110,786

$110,786

4658

JOURNAL OF THE HOUSE

248.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$77,366

$77,366

$77,366

248.5 Increase funds collected from administrative assessments and penalties and interest to fund departmental operations.

State General Funds

$167,327

$167,327

$0

$77,366 $0

248.0Department of Labor Administration

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$3,647,920 $3,647,920 $10,607,019 $10,607,019 $14,254,939

$3,647,920 $3,647,920 $10,607,019 $10,607,019 $14,254,939

$3,480,593 $3,480,593 $10,607,019 $10,607,019 $14,087,612

$3,480,593 $3,480,593 $10,607,019 $10,607,019 $14,087,612

Disability Adjudication Section

Continuation Budget

The purpose of this appropriation is to efficiently process applications for federal disability programs so that eligible Georgia citizens

can obtain support.

TOTAL STATE FUNDS TOTAL FEDERAL FUNDS
Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$0 $55,598,820 $55,598,820 $55,598,820

$0 $55,598,820 $55,598,820 $55,598,820

$0 $55,598,820 $55,598,820 $55,598,820

$0 $55,598,820 $55,598,820 $55,598,820

249.0Disability Adjudication Section

Appropriation (HB 95)

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 Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$55,598,820 $55,598,820 $55,598,820

$55,598,820 $55,598,820 $55,598,820

$55,598,820 $55,598,820 $55,598,820

$55,598,820 $55,598,820 $55,598,820

Division of Rehabilitation Administration

Continuation Budget

The purpose of this appropriation is to help people with disabilities to become fully productive members of society by achieving

independence and meaningful employment.

FRIDAY, APRIL 20, 2007

4659

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$2,194,180 $2,194,180 $1,383,518 $1,383,518 $3,577,698

$2,194,180 $2,194,180 $1,383,518 $1,383,518 $3,577,698

$2,194,180 $2,194,180 $1,383,518 $1,383,518 $3,577,698

$2,194,180 $2,194,180 $1,383,518 $1,383,518 $3,577,698

250.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$9,433

$9,433

$5,662

$5,662

250.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$17,267

$17,267

$21,038

$21,038

250.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$45,185

$45,185

$45,185

$45,185

250.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$30,187

$30,187

$30,187

$30,187

250.0Division of Rehabilitation Administration

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$2,296,252 $2,296,252 $1,383,518 $1,383,518 $3,679,770

$2,296,252 $2,296,252 $1,383,518 $1,383,518 $3,679,770

$2,296,252 $2,296,252 $1,383,518 $1,383,518 $3,679,770

$2,296,252 $2,296,252 $1,383,518 $1,383,518 $3,679,770

Georgia Industries for the Blind

Continuation Budget

The purpose of this appropriation is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and

Griffin.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS

$710,134 $710,134 $11,099,375

$710,134 $710,134 $11,099,375

$710,134 $710,134 $11,099,375

$710,134 $710,134 $11,099,375

4660

JOURNAL OF THE HOUSE

Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$11,099,375 $11,099,375 $11,809,509

$11,099,375 $11,099,375 $11,809,509

$11,099,375 $11,099,375 $11,809,509

$11,099,375 $11,099,375 $11,809,509

251.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$7,101

$7,101

$3,564

$3,564

251.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$86,848

$86,848

$90,385

$90,385

251.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$227,262

$227,262

$227,262

$227,262

251.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$28,501

$28,501

$28,501

$28,501

251.5 Utilize reserve funds for operations.

State General Funds Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS

($500,000) $500,000
$0

($500,000) $500,000
$0

251.0Georgia Industries for the Blind

Appropriation (HB 95)

The purpose of this appropriation is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,059,846 $1,059,846 $11,099,375
$11,099,375 $11,099,375 $12,159,221

$1,059,846 $1,059,846 $11,099,375
$11,099,375 $11,099,375 $12,159,221

$559,846 $559,846 $11,599,375 $500,000 $500,000 $11,099,375 $11,099,375 $12,159,221

$559,846 $559,846 $11,599,375 $500,000 $500,000 $11,099,375 $11,099,375 $12,159,221

Labor Market Information

Continuation Budget

FRIDAY, APRIL 20, 2007

4661

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$682,353 $682,353 $2,249,873 $2,249,873 $2,932,226

$682,353 $682,353 $2,249,873 $2,249,873 $2,932,226

$682,353 $682,353 $2,249,873 $2,249,873 $2,932,226

$682,353 $682,353 $2,249,873 $2,249,873 $2,932,226

252.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$6,948

$6,948

$3,022

$3,022

252.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$10,616

$10,616

$14,542

$14,542

252.3 Reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$27,780

$27,780

$27,780

$27,780

252.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$16,249

$16,249

$16,249

$16,249

252.0Labor Market Information

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$743,946 $743,946 $2,249,873 $2,249,873 $2,993,819

$743,946 $743,946 $2,249,873 $2,249,873 $2,993,819

$743,946 $743,946 $2,249,873 $2,249,873 $2,993,819

$743,946 $743,946 $2,249,873 $2,249,873 $2,993,819

Roosevelt Warm Springs Institute

Continuation Budget

The purpose of this appropriation is to empower individuals with disabilities to achieve personal independence.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS

$6,498,634 $6,498,634 $6,447,042 $6,447,042 $18,888,287

$6,498,634 $6,498,634 $6,447,042 $6,447,042 $18,888,287

$6,498,634 $6,498,634 $6,447,042 $6,447,042 $18,888,287

$6,498,634 $6,498,634 $6,447,042 $6,447,042 $18,888,287

4662

JOURNAL OF THE HOUSE

Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF National School Lunch Program CFDA10.555
TOTAL PUBLIC FUNDS

$18,888,287 $18,888,287
$4,800 $4,800 $4,800 $31,838,763

$18,888,287 $18,888,287
$4,800 $4,800 $4,800 $31,838,763

$18,888,287 $18,888,287
$4,800 $4,800 $4,800 $31,838,763

$18,888,287 $18,888,287
$4,800 $4,800 $4,800 $31,838,763

253.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$39,107

$39,107

$23,369

$23,369

253.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$72,204

$72,204

$87,942

$87,942

253.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$188,939

$188,939

$188,939

$188,939

253.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$134,361

$134,361

$134,361

$134,361

253.5 Transfer remaining funds for the American Association of Adapted Sports Program to the Department of Human Resources Child and Adolescent Developmental Disabilities Services program. (H and CC:Transfer to the Department of Education Central Office)

State General Funds

($5,797)

($5,797)

($5,797)

($5,797)

253.6 Increase funds for four positions and operating expenses for the new outpatient clinic at Blanchard Hall.

State General Funds

$255,700

$255,700

$255,700

$255,700

253.0Roosevelt Warm Springs Institute

Appropriation (HB 95)

The purpose of this appropriation is to empower individuals with disabilities to achieve personal independence.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services

$7,183,148 $7,183,148 $6,447,042 $6,447,042 $18,888,287 $18,888,287

$7,183,148 $7,183,148 $6,447,042 $6,447,042 $18,888,287 $18,888,287

$7,183,148 $7,183,148 $6,447,042 $6,447,042 $18,888,287 $18,888,287

$7,183,148 $7,183,148 $6,447,042 $6,447,042 $18,888,287 $18,888,287

FRIDAY, APRIL 20, 2007

4663

Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
Federal Funds Transfers FF National School Lunch Program CFDA10.555
TOTAL PUBLIC FUNDS

$18,888,287 $4,800 $4,800 $4,800
$32,523,277

$18,888,287 $4,800 $4,800 $4,800
$32,523,277

$18,888,287 $4,800 $4,800 $4,800
$32,523,277

$18,888,287 $4,800 $4,800 $4,800
$32,523,277

Safety Inspections

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$2,701,779 $2,701,779
$168,552 $168,552 $2,870,331

$2,701,779 $2,701,779
$168,552 $168,552 $2,870,331

$2,701,779 $2,701,779
$168,552 $168,552 $2,870,331

$2,701,779 $2,701,779
$168,552 $168,552 $2,870,331

254.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$23,496

$23,496

$10,302

$10,302

254.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$36,069

$36,069

$49,263

$49,263

254.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$94,386

$94,386

$94,386

$94,386

254.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$77,802

$77,802

$77,802

$77,802

254.0Safety Inspections

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS

$2,933,532 $2,933,532
$168,552

$2,933,532 $2,933,532
$168,552

$2,933,532 $2,933,532
$168,552

$2,933,532 $2,933,532
$168,552

4664

JOURNAL OF THE HOUSE

Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$168,552 $3,102,084

$168,552 $3,102,084

$168,552 $3,102,084

$168,552 $3,102,084

Unemployment Insurance

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$10,212,853 $10,212,853 $36,610,816 $36,610,816 $46,823,669

$10,212,853 $10,212,853 $36,610,816 $36,610,816 $46,823,669

$10,212,853 $10,212,853 $36,610,816 $36,610,816 $46,823,669

$10,212,853 $10,212,853 $36,610,816 $36,610,816 $46,823,669

255.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$98,134

$98,134

$41,475

$41,475

255.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$148,881

$148,881

$205,540

$205,540

255.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$389,592

$389,592

$389,592

$389,592

255.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$262,010

$262,010

$262,010

$262,010

255.5 Increase funds collected from administrative assessments and penalties and interest to fund departmental operations.

State General Funds

$462,693

$462,693

$0

$0

255.6 Realize non-Georgia Building Authority savings through the lease initiative to reduce funds from operations.

Federal Funds Not Itemized

($30,467)

($30,467)

($30,467)

($30,467)

255.0Unemployment Insurance

Appropriation (HB 95)

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.

FRIDAY, APRIL 20, 2007

4665

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$11,574,163 $11,574,163 $36,580,349 $36,580,349 $48,154,512

$11,574,163 $11,574,163 $36,580,349 $36,580,349 $48,154,512

$11,111,470 $11,111,470 $36,580,349 $36,580,349 $47,691,819

Vocational Rehabilitation Program

Continuation Budget

The purpose of this appropriation is to assist people with disabilities so that they may go to work.

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 Federal Funds Transfers FF Temporary Assistance for Needy Families CFDA93.558
TOTAL PUBLIC FUNDS

$17,168,678 $17,168,678 $66,344,924 $66,344,924
$806,216 $806,216 $806,216 $1,700,000 $1,700,000 $1,700,000 $86,019,818

$17,168,678 $17,168,678 $66,344,924 $66,344,924
$806,216 $806,216 $806,216 $1,700,000 $1,700,000 $1,700,000 $86,019,818

$17,168,678 $17,168,678 $66,344,924 $66,344,924
$806,216 $806,216 $806,216 $1,700,000 $1,700,000 $1,700,000 $86,019,818

$11,111,470 $11,111,470 $36,580,349 $36,580,349 $47,691,819
$17,168,678 $17,168,678 $66,344,924 $66,344,924
$806,216 $806,216 $806,216 $1,700,000 $1,700,000 $1,700,000 $86,019,818

256.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$64,114

$64,114

$32,612

$32,612

256.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$116,843

$116,843

$148,345

$148,345

256.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$305,748

$305,748

$305,748

$305,748

256.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$213,046

$213,046

$213,046

$213,046

256.5 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to reduce funds from operations.

4666

JOURNAL OF THE HOUSE

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($12,438) ($217,037) ($229,475)

($12,438) ($217,037) ($229,475)

($12,438) ($217,037) ($229,475)

($12,438) ($217,037) ($229,475)

256.6 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($11,711) ($460,734) ($472,445)

($11,711) $0
($11,711)

($11,711) ($460,734) ($472,445)

($11,711) ($460,734) ($472,445)

256.7 Transfer the BEGIN Program to the Department of Early Care and Learning Child Care Services program.

State General Funds

($72,869)

($72,869)

($72,869)

256.8 Increase funds for the Albany Advocacy Resource Center for a certified teacher to carry out the completion of GED classes for people with disabilities who failed to complete their high school education.

State General Funds

$50,000

$0

$50,000

256.9 Increase funds for the Hinesville center for the Georgia Center for the Hearing Impaired.

State General Funds

$167,000

$167,000

256.10 Eliminate one-time funds received in HB1027 (FY07) for SHARE.

State General Funds

($50,000)

$0

256.11 Eliminate one-time funds received in HB1027 (FY07) for the Middle Georgia Center for Independent Living.

State General Funds

($20,000)

($20,000)

256.12 Eliminate one-time funds received in HB1027 (FY07) for Assistive Technology Centers and Reboot.

State General Funds

($30,000)

$0

256.0Vocational Rehabilitation Program

Appropriation (HB 95)

The purpose of this appropriation is to assist people with disabilities so that they may go to work.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized

$17,844,280 $17,844,280 $65,667,153 $65,667,153
$806,216 $806,216 $806,216

$17,821,411 $17,821,411 $66,127,887 $66,127,887
$806,216 $806,216 $806,216

$17,838,411 $17,838,411 $65,667,153 $65,667,153
$806,216 $806,216 $806,216

$17,968,411 $17,968,411 $65,667,153 $65,667,153
$806,216 $806,216 $806,216

FRIDAY, APRIL 20, 2007

4667

TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Temporary Assistance for Needy Families CFDA93.558
TOTAL PUBLIC FUNDS

$1,700,000 $1,700,000 $1,700,000 $86,017,649

$1,700,000 $1,700,000 $1,700,000 $86,455,514

$1,700,000 $1,700,000 $1,700,000 $86,011,780

$1,700,000 $1,700,000 $1,700,000 $86,141,780

Workforce Development

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Temporary Assistance for Needy Families CFDA93.558
TOTAL PUBLIC FUNDS

$7,753,871 $7,753,871 $80,214,177 $80,214,177 $8,300,000 $8,300,000 $8,300,000 $96,268,048

$7,753,871 $7,753,871 $80,214,177 $80,214,177 $8,300,000 $8,300,000 $8,300,000 $96,268,048

$7,753,871 $7,753,871 $80,214,177 $80,214,177 $8,300,000 $8,300,000 $8,300,000 $96,268,048

$7,753,871 $7,753,871 $80,214,177 $80,214,177 $8,300,000 $8,300,000 $8,300,000 $96,268,048

257.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$72,504

$72,504

$29,537

$29,537

257.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$104,946

$104,946

$147,913

$147,913

257.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$274,622

$274,622

$274,622

$274,622

257.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$191,190

$191,190

$191,190

$191,190

257.5 Increase funds collected from administrative assessments and penalties and interest to fund departmental operations.

State General Funds

$829,383

$829,383

$0

$0

257.6 Reduce funds from the work assistance contract due to declining caseloads (reflects the Governor's TANF plan on page 200 of the Governor's Budget Report).

FF Temporary Assistance for Needy Families CFDA93.558

($3,100,000) ($3,100,000) ($3,100,000) ($3,100,000)

4668

JOURNAL OF THE HOUSE

257.0Workforce Development

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Temporary Assistance for Needy Families CFDA93.558
TOTAL PUBLIC FUNDS

$9,226,516 $9,226,516 $80,214,177 $80,214,177 $5,200,000 $5,200,000 $5,200,000 $94,640,693

$9,226,516 $9,226,516 $80,214,177 $80,214,177 $5,200,000 $5,200,000 $5,200,000 $94,640,693

$8,397,133 $8,397,133 $80,214,177 $80,214,177 $5,200,000 $5,200,000 $5,200,000 $93,811,310

$8,397,133 $8,397,133 $80,214,177 $80,214,177 $5,200,000 $5,200,000 $5,200,000 $93,811,310

Commission on Women

Continuation Budget

The purpose of this appropriation is to advance health, education, economic, social and legal status of women in Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$93,172 $93,172 $93,172

$93,172 $93,172 $93,172

$93,172 $93,172 $93,172

$93,172 $93,172 $93,172

258.0Commission on Women

Appropriation (HB 95)

The purpose of this appropriation is to advance health, education, economic, social and legal status of women in Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$93,172 $93,172 $93,172

$93,172 $93,172 $93,172

$93,172 $93,172 $93,172

$93,172 $93,172 $93,172

There is appropriated to the Department of Labor out of funds credited to and held in this state's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to and in accordance with Section 903 of the Social Security Act, as amended, an additional amount of $1,885,551.11. Of said additional amount, the sum of $1,885,551.11 is authorized to be allocated for expenses incurred in the administration of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, the "Employment Security Law" as amended, including personal services and operating and other expenses incurred in the administration of said law, as well as for the purchase or rental, either or both, of improvements, repairs, or alterations to and of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, technology, data, reports and studies, supplies, and the construction of buildings or parts of buildings suitable for use in this state by the Department of Labor, and for the payment of expenses incurred for the acquisition, purchase, rental, construction, maintenance, improvements, repairs, or alterations of and to such real or personal property. Notwithstanding any other provision of this section, the amount appropriated in this section shall not exceed the amount in the Unemployment Trust Fund, which may be obligated for expenditure for such purposes as provided in Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the

FRIDAY, APRIL 20, 2007

4669

Unemployment Trust Fund, and the amount which may be obligated shall not exceed the limitations provided in Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund; provided, however, that said additional funds shall not be obligated for expenditure, as provided in this section, after the close of the two-year period which begins on the date of enactment of this section.

Section 32: Law, Department of

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

$14,670,539 $14,670,539
$24,817 $23,817 $1,000 $21,801,423 $21,801,423 $36,496,779

$14,670,539 $14,670,539
$24,817 $23,817 $1,000 $21,801,423 $21,801,423 $36,496,779

$14,670,539 $14,670,539
$24,817 $23,817 $1,000 $21,801,423 $21,801,423 $36,496,779

$14,670,539 $14,670,539
$24,817 $23,817 $1,000 $21,801,423 $21,801,423 $36,496,779

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

$18,462,762 $18,462,762
$24,817 $23,817 $1,000 $21,801,423 $21,801,423 $40,289,002

Section Total - Final

$18,462,762 $18,462,762
$24,817 $23,817 $1,000 $21,801,423 $21,801,423 $40,289,002

$16,066,097 $16,066,097
$24,817 $23,817 $1,000 $21,801,423 $21,801,423 $37,892,337

$18,446,804 $18,446,804
$24,817 $23,817 $1,000 $21,801,423 $21,801,423 $40,273,044

Law, Department of

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized

$14,670,539 $14,670,539
$24,817 $23,817 $23,817

$14,670,539 $14,670,539
$24,817 $23,817 $23,817

$14,670,539 $14,670,539
$24,817 $23,817 $23,817

$14,670,539 $14,670,539
$24,817 $23,817 $23,817

4670

JOURNAL OF THE HOUSE

Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Legal Services - Client Reimbursable per OCGA 45-15-4
TOTAL PUBLIC FUNDS

$1,000 $1,000 $21,801,423 $21,801,423 $21,801,423 $36,496,779

$1,000 $1,000 $21,801,423 $21,801,423 $21,801,423 $36,496,779

$1,000 $1,000 $21,801,423 $21,801,423 $21,801,423 $36,496,779

$1,000 $1,000 $21,801,423 $21,801,423 $21,801,423 $36,496,779

259.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$395,883

$395,883

$395,883

$395,883

259.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$265,122

$265,122

$265,122

$265,122

259.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$629,919

$629,919

$629,919

$629,919

259.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$42,791

$42,791

$42,791

$42,791

259.5 Increase funds for a Georgia Building Authority (GBA) rate change. (S and CC:NO to GBA rate increase for utilities)

State General Funds

$52,801

$52,801

$22,737

$22,737

259.6 Increase funds for twenty attorneys, six paralegals and three secretaries to enable the Department to reduce the need for Special Assistant Attorney Generals (SAAG) services and to deliver in-house legal services in a more timely manner.

State General Funds

$2,405,707

$2,405,707

$0

$2,405,707

259.7 Increase funds for expert financial consultants associated with the sale of public and nonprofit hospitals in accordance with the Hospital Acquisitions Act. [One-Time Change]

State General Funds

$75,000

$50,000

259.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($20,844) for capital felony court cases. (G:YES)(H:YES)

State General Funds

$0

$0

($20,844)

($20,844)

259.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($15,050) for capital felony court cases. (G:YES)(H:YES)

State General Funds

$0

$0

($15,050)

($15,050)

FRIDAY, APRIL 20, 2007

4671

259.0Law, Department of

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Legal Services - Client Reimbursable per OCGA 45-15-4
TOTAL PUBLIC FUNDS

$18,462,762 $18,462,762
$24,817 $23,817 $23,817 $1,000 $1,000 $21,801,423 $21,801,423 $21,801,423 $40,289,002

$18,462,762 $18,462,762
$24,817 $23,817 $23,817 $1,000 $1,000 $21,801,423 $21,801,423 $21,801,423 $40,289,002

$16,066,097 $16,066,097
$24,817 $23,817 $23,817 $1,000 $1,000 $21,801,423 $21,801,423 $21,801,423 $37,892,337

$18,446,804 $18,446,804
$24,817 $23,817 $23,817 $1,000 $1,000 $21,801,423 $21,801,423 $21,801,423 $40,273,044

Section 33: State Merit System of Personnel Administration

Section Total - Continuation

TOTAL AGENCY FUNDS Reserved Fund Balances Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

$1,410,895 $1,234,632
$176,263 $13,165,582 $13,165,582 $14,576,477

$1,410,895 $1,234,632
$176,263 $13,165,582 $13,165,582 $14,576,477

$1,410,895 $1,234,632
$176,263 $13,165,582 $13,165,582 $14,576,477

$1,410,895 $1,234,632
$176,263 $13,165,582 $13,165,582 $14,576,477

TOTAL AGENCY FUNDS Reserved Fund Balances Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

$1,410,895 $1,234,632
$176,263 $13,165,582 $13,165,582 $14,576,477

Section Total - Final

$1,410,895 $1,234,632
$176,263 $13,740,784 $13,740,784 $15,151,679

$1,410,895 $1,234,632
$176,263 $13,740,784 $13,740,784 $15,151,679

$1,410,895 $1,234,632
$176,263 $13,740,784 $13,740,784 $15,151,679

4672

JOURNAL OF THE HOUSE

Recruitment and Staffing Services

Continuation Budget

The purpose of this appropriation is to provide a central point of contact for the general public.

TOTAL STATE FUNDS TOTAL INTRA-STATE GOVERNMENT TRANSFERS
State Funds Transfers Merit System Assessments
TOTAL PUBLIC FUNDS

$0 $1,177,804 $1,177,804 $1,177,804 $1,177,804

$0 $1,177,804 $1,177,804 $1,177,804 $1,177,804

$0 $1,177,804 $1,177,804 $1,177,804 $1,177,804

$0 $1,177,804 $1,177,804 $1,177,804 $1,177,804

260.1 Annualize the cost of the FY07 salary adjustment.

Merit System Assessments

$0

$12,245

$12,245

$12,245

260.2 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

Merit System Assessments

$0

$43,938

$43,938

$43,938

260.3 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

Merit System Assessments

$0

$6,529

$6,529

$6,529

260.4 Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

Merit System Assessments

$0

$4,978

$4,978

$4,978

260.0Recruitment and Staffing Services

Appropriation (HB 95)

The purpose of this appropriation is to provide a central point of contact for the general public.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Merit System Assessments
TOTAL PUBLIC FUNDS

$1,177,804 $1,177,804 $1,177,804 $1,177,804

$1,245,494 $1,245,494 $1,245,494 $1,245,494

$1,245,494 $1,245,494 $1,245,494 $1,245,494

$1,245,494 $1,245,494 $1,245,494 $1,245,494

System Administration

Continuation Budget

The purpose of this appropriation is to provide administrative and technical support to the agency.

TOTAL STATE FUNDS TOTAL AGENCY FUNDS
Reserved Fund Balances Reserved Fund Balances Not Itemized

$0 $158,127 $158,127 $158,127

$0 $158,127 $158,127 $158,127

$0 $158,127 $158,127 $158,127

$0 $158,127 $158,127 $158,127

FRIDAY, APRIL 20, 2007

4673

TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Merit System Assessments
TOTAL PUBLIC FUNDS

$5,496,416 $5,496,416 $5,496,416 $5,654,543

$5,496,416 $5,496,416 $5,496,416 $5,654,543

$5,496,416 $5,496,416 $5,496,416 $5,654,543

$5,496,416 $5,496,416 $5,496,416 $5,654,543

261.1 Annualize the cost of the FY07 salary adjustment.

Merit System Assessments

$0

$30,607

$30,607

$30,607

261.2 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

Merit System Assessments

$0

$129,673

$129,673

$129,673

261.3 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

Merit System Assessments

$0

$14,979

$14,979

$14,979

261.4 Increase funds for a Georgia Building Authority (GBA) rate change.

Merit System Assessments

$0

$12,883

$12,883

$12,883

261.0System Administration

Appropriation (HB 95)

The purpose of this appropriation is to provide administrative and technical support to the agency.

TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Merit System Assessments
TOTAL PUBLIC FUNDS

$158,127 $158,127 $158,127 $5,496,416 $5,496,416 $5,496,416 $5,654,543

$158,127 $158,127 $158,127 $5,684,558 $5,684,558 $5,684,558 $5,842,685

$158,127 $158,127 $158,127 $5,684,558 $5,684,558 $5,684,558 $5,842,685

$158,127 $158,127 $158,127 $5,684,558 $5,684,558 $5,684,558 $5,842,685

Total Compensation and Rewards

Continuation Budget

The purpose of this appropriation is to ensure fair and consistent employee compensation practices across state agencies.

TOTAL STATE FUNDS TOTAL AGENCY FUNDS
Reserved Fund Balances Reserved Fund Balances Not Itemized

$0 $1,252,768 $1,076,505 $1,076,505

$0 $1,252,768 $1,076,505 $1,076,505

$0 $1,252,768 $1,076,505 $1,076,505

$0 $1,252,768 $1,076,505 $1,076,505

4674

JOURNAL OF THE HOUSE

Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Merit System Assessments Merit System Training and Compensation Fees
TOTAL PUBLIC FUNDS

$176,263 $176,263 $2,889,854 $2,889,854 $2,862,015
$27,839 $4,142,622

$176,263 $176,263 $2,889,854 $2,889,854 $2,862,015
$27,839 $4,142,622

$176,263 $176,263 $2,889,854 $2,889,854 $2,862,015
$27,839 $4,142,622

$176,263 $176,263 $2,889,854 $2,889,854 $2,862,015
$27,839 $4,142,622

262.1 Annualize the cost of the FY07 salary adjustment.

Merit System Assessments

$0

$24,385

$24,385

$24,385

262.2 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

Merit System Assessments

$0

$92,536

$92,536

$92,536

262.3 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

Merit System Assessments

$0

$13,827

$13,827

$13,827

262.4 Increase funds to reflect the Georgia Building Authority (GBA) real estate rental rate for office space.

Merit System Assessments

$0

$7,417

$7,417

$7,417

262.0Total Compensation and Rewards

Appropriation (HB 95)

The purpose of this appropriation is to ensure fair and consistent employee compensation practices across state agencies.

TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Merit System Assessments Merit System Training and Compensation Fees
TOTAL PUBLIC FUNDS

$1,252,768 $1,076,505 $1,076,505
$176,263 $176,263 $2,889,854 $2,889,854 $2,862,015
$27,839 $4,142,622

$1,252,768 $1,076,505 $1,076,505
$176,263 $176,263 $3,028,019 $3,028,019 $3,000,180
$27,839 $4,280,787

$1,252,768 $1,076,505 $1,076,505
$176,263 $176,263 $3,028,019 $3,028,019 $3,000,180
$27,839 $4,280,787

$1,252,768 $1,076,505 $1,076,505
$176,263 $176,263 $3,028,019 $3,028,019 $3,000,180
$27,839 $4,280,787

Workforce Development and Alignment

Continuation Budget

FRIDAY, APRIL 20, 2007

4675

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 STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Merit System Assessments Merit System Training and Compensation Fees
TOTAL PUBLIC FUNDS

$0 $0 $3,601,508 $3,601,508 $3,295,917 $305,591 $3,601,508

$0 $0 $3,601,508 $3,601,508 $3,295,917 $305,591 $3,601,508

$0 $0 $3,601,508 $3,601,508 $3,295,917 $305,591 $3,601,508

$0 $0 $3,601,508 $3,601,508 $3,295,917 $305,591 $3,601,508

263.1 Annualize the cost of the FY07 salary adjustment.

Merit System Assessments

$0

$31,972

$31,972

$31,972

263.2 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

Merit System Assessments

$0

$129,177

$129,177

$129,177

263.3 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

Merit System Assessments

$0

$15,748

$15,748

$15,748

263.4 Increase funds to reflect the Georgia Building Authority (GBA) real estate rental rate for office space.

Merit System Assessments

$0

$4,308

$4,308

$4,308

263.0Workforce Development and Alignment

Appropriation (HB 95)

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 State Funds Transfers Merit System Assessments Merit System Training and Compensation Fees
TOTAL PUBLIC FUNDS

$3,601,508 $3,601,508 $3,295,917
$305,591 $3,601,508

$3,782,713 $3,782,713 $3,477,122
$305,591 $3,782,713

$3,782,713 $3,782,713 $3,477,122
$305,591 $3,782,713

$3,782,713 $3,782,713 $3,477,122
$305,591 $3,782,713

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.

4676

JOURNAL OF THE HOUSE

Section 34: Natural Resources, Department of

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Royalties and Rents Sales and Services
TOTAL PUBLIC FUNDS

$109,447,299 $109,447,299
$9,996,755 $9,996,755 $25,491,011
$103,913 $3,041,137
$16,276 $22,329,685 $144,935,065

$109,447,299 $109,447,299
$9,996,755 $9,996,755 $25,491,011
$103,913 $3,041,137
$16,276 $22,329,685 $144,935,065

$109,447,299 $109,447,299
$9,996,755 $9,996,755 $25,491,011
$103,913 $3,041,137
$16,276 $22,329,685 $144,935,065

$109,447,299 $109,447,299
$9,996,755 $9,996,755 $25,491,011
$103,913 $3,041,137
$16,276 $22,329,685 $144,935,065

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Royalties and Rents Sales and Services
TOTAL PUBLIC FUNDS

$129,107,961 $129,107,961
$9,996,755 $9,996,755 $25,058,798
$103,913 $2,941,137
$16,276 $21,997,472 $164,163,514

Section Total - Final

$128,453,110 $128,453,110
$9,996,755 $9,996,755 $25,391,011
$103,913 $2,941,137
$16,276 $22,329,685 $163,840,876

$137,377,146 $137,377,146
$9,996,755 $9,996,755 $25,658,798
$703,913 $2,941,137
$16,276 $21,997,472 $173,032,699

$130,805,764 $130,805,764
$9,996,755 $9,996,755 $25,658,798
$703,913 $2,941,137
$16,276 $21,997,472 $166,461,317

Coastal Resources

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS

$2,720,618 $2,720,618
$170,862

$2,720,618 $2,720,618
$170,862

$2,720,618 $2,720,618
$170,862

$2,720,618 $2,720,618
$170,862

FRIDAY, APRIL 20, 2007

4677

Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$170,862 $2,891,480

$170,862 $2,891,480

$170,862 $2,891,480

$170,862 $2,891,480

264.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$29,883

$29,883

$29,883

$29,883

264.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$30,140

$30,140

$30,140

$30,140

264.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$74,608

$74,608

$74,608

$74,608

264.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$32,282

$32,282

$32,282

$32,282

264.5 Eliminate one-time funds received in HB1027 (FY07) for a marina and dock permitting study.

State General Funds

($50,000)

($50,000)

($50,000)

($50,000)

264.6 Eliminate funds received in HB1027 (FY07) to raise sunken boats.

State General Funds

($180,000)

($180,000)

$0

$0

264.7 Increase funds to renovate aging coastal docks. [One-Time Change]

State General Funds

$1,350,000

$1,350,000

$1,350,000

$1,350,000

264.0Coastal Resources

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$4,007,531 $4,007,531
$170,862 $170,862 $4,178,393

$4,007,531 $4,007,531
$170,862 $170,862 $4,178,393

$4,187,531 $4,187,531
$170,862 $170,862 $4,358,393

$4,187,531 $4,187,531
$170,862 $170,862 $4,358,393

Departmental Administration

Continuation Budget

4678

JOURNAL OF THE HOUSE

The purpose of the program is to provide administrative support for all programs of the department.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$10,059,057 $10,059,057 $10,059,057

$10,059,057 $10,059,057 $10,059,057

$10,059,057 $10,059,057 $10,059,057

$10,059,057 $10,059,057 $10,059,057

265.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$115,903

$115,903

$115,903

$115,903

265.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$115,433

$115,433

$115,433

$115,433

265.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$285,738

$285,738

$285,738

$285,738

265.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$123,637

$123,637

$123,637

$123,637

265.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$29,675

$29,675

$29,675

$29,675

265.6 Increase funds for operations.

State General Funds

$111,920

$111,920

$111,920

$111,920

265.7 Reduce funds to reflect anticipated savings to be realized as the result of twenty additional attorneys for the Department of Law.

State General Funds

($555,382)

265.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($66,916) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($66,916)

($66,916)

265.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($38,693) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($38,693)

($38,693)

265.0Departmental Administration

Appropriation (HB 95)

FRIDAY, APRIL 20, 2007

4679

The purpose of the program is to provide administrative support for all programs of the department.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$10,841,363 $10,841,363 $10,841,363

$10,841,363 $10,841,363 $10,841,363

$10,735,754 $10,735,754 $10,735,754

$10,180,372 $10,180,372 $10,180,372

Environmental Protection

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$27,532,122 $27,532,122 $3,363,161 $3,363,161 $6,797,557 $6,797,557 $6,797,557 $37,692,840

$27,532,122 $27,532,122 $3,363,161 $3,363,161 $6,797,557 $6,797,557 $6,797,557 $37,692,840

$27,532,122 $27,532,122 $3,363,161 $3,363,161 $6,797,557 $6,797,557 $6,797,557 $37,692,840

$27,532,122 $27,532,122 $3,363,161 $3,363,161 $6,797,557 $6,797,557 $6,797,557 $37,692,840

266.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$360,290

$360,290

$360,290

$360,290

266.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$722,243

$722,243

$722,243

$722,243

266.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$1,116,058

$1,116,058

$1,116,058

$1,116,058

266.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$482,850

$482,850

$482,850

$482,850

266.5 Increase funds for a Georgia Building Authority (GBA) rate change. (S:NO to GBA rate increase for utilities)

State General Funds

$39,058

$39,058

$1,845

$1,845

266.6 Reduce funds from operations.

4680

JOURNAL OF THE HOUSE

State General Funds

($125,624)

($125,624)

($125,624)

($125,624)

266.7 Increase funds to support the development of total maximum daily loads (TMDL), including funds for equipment and one new vehicle, for specific pollutants on Lakes Lanier and Allatoona, to improve water quality and provide for additional economic development opportunities in affected areas.

State General Funds

$680,000

$680,000

$680,000

$680,000

266.8 Increase funds for six new erosion and sedimentation inspectors to address needs in high-growth areas of the state. (S and CC:Increase funds for six positions for plan review and permit issuance)

State General Funds

$300,000

$300,000

$300,000

$300,000

266.9 Eliminate contract funds for soil erosion and sedimentation certification training.

State General Funds

($100,000)

($100,000)

($100,000)

($100,000)

266.0Environmental Protection

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$31,006,997 $31,006,997 $3,363,161 $3,363,161 $6,797,557 $6,797,557 $6,797,557 $41,167,715

$31,006,997 $31,006,997 $3,363,161 $3,363,161 $6,797,557 $6,797,557 $6,797,557 $41,167,715

$30,969,784 $30,969,784 $3,363,161 $3,363,161 $6,797,557 $6,797,557 $6,797,557 $41,130,502

$30,969,784 $30,969,784 $3,363,161 $3,363,161 $6,797,557 $6,797,557 $6,797,557 $41,130,502

Hazardous Waste Trust Fund Investigate and clean up abandoned hazardous sites.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Continuation Budget

$7,600,000 $7,600,000 $7,600,000

$7,600,000 $7,600,000 $7,600,000

$7,600,000 $7,600,000 $7,600,000

$7,600,000 $7,600,000 $7,600,000

267.1 Increase funds for local governments and abandoned site clean-up. (S:Include the clean-up of the Bible Baptist Church in Chatham County)(CC:See Amended FY07)

FRIDAY, APRIL 20, 2007

4681

State General Funds

$5,400,000

$0

267.0Hazardous Waste Trust Fund
Investigate and clean up abandoned hazardous sites. TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

Appropriation (HB 95)

$7,600,000 $7,600,000 $7,600,000

$7,600,000 $7,600,000 $7,600,000

$13,000,000 $13,000,000 $13,000,000

$7,600,000 $7,600,000 $7,600,000

Historic Preservation

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$2,001,760 $2,001,760
$490,000 $490,000 $2,491,760

$2,001,760 $2,001,760
$490,000 $490,000 $2,491,760

$2,001,760 $2,001,760
$490,000 $490,000 $2,491,760

$2,001,760 $2,001,760
$490,000 $490,000 $2,491,760

268.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$25,044

$25,044

$25,044

$25,044

268.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$24,227

$24,227

$24,227

$24,227

268.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$59,970

$59,970

$59,970

$59,970

268.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$25,949

$25,949

$25,949

$25,949

268.0Historic Preservation

Appropriation (HB 95)

The purpose of this appropriation is to identify, protect and preserve Georgia's historical sites for the enjoyment of present and future generations.

4682

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$2,136,950 $2,136,950
$490,000 $490,000 $2,626,950

$2,136,950 $2,136,950
$490,000 $490,000 $2,626,950

$2,136,950 $2,136,950
$490,000 $490,000 $2,626,950

$2,136,950 $2,136,950
$490,000 $490,000 $2,626,950

Land Conservation

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$466,380 $466,380 $466,380

$466,380 $466,380 $466,380

$466,380 $466,380 $466,380

$466,380 $466,380 $466,380

269.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$5,686

$5,686

$5,686

$5,686

269.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$5,914

$5,914

$5,914

$5,914

269.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$14,640

$14,640

$14,640

$14,640

269.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$6,334

$6,334

$6,334

$6,334

269.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$4,415

$4,415

$4,415

$4,415

269.6 Increase funds for operations.

State General Funds

$6,127

$6,127

$6,127

$6,127

269.0Land Conservation

Appropriation (HB 95)

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.

FRIDAY, APRIL 20, 2007

4683

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$509,496 $509,496 $509,496

$509,496 $509,496 $509,496

$509,496 $509,496 $509,496

$509,496 $509,496 $509,496

Parks, Recreation and Historic Sites

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$19,141,038 $19,141,038
$845,941 $845,941 $17,979,882 $3,041,137 $3,041,137
$1,026 $1,026 $14,937,719 $14,937,719 $37,966,861

$19,141,038 $19,141,038
$845,941 $845,941 $17,979,882 $3,041,137 $3,041,137
$1,026 $1,026 $14,937,719 $14,937,719 $37,966,861

$19,141,038 $19,141,038
$845,941 $845,941 $17,979,882 $3,041,137 $3,041,137
$1,026 $1,026 $14,937,719 $14,937,719 $37,966,861

$19,141,038 $19,141,038
$845,941 $845,941 $17,979,882 $3,041,137 $3,041,137
$1,026 $1,026 $14,937,719 $14,937,719 $37,966,861

270.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$226,966

$226,966

$226,966

$226,966

270.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (S and CC:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$308,994

$308,994

$308,994

$308,994

270.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$764,733

$764,733

$764,733

$764,733

270.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$330,956

$330,956

$330,956

$330,956

4684

JOURNAL OF THE HOUSE

270.5 Increase funds for the Georgia Building Authority (GBA) real estate rate change. (S:NO to GBA rate increase for utilities)

State General Funds

$10,298

$10,298

$0

$0

270.6 Reduce funds from operations.

State General Funds

($66,485)

($66,485)

($66,485)

($66,485)

270.7 Increase funds for operations.

State General Funds

$14,982

$14,982

$14,982

$14,982

270.8 Transfer the contract with the Georgia Historical Society for new historic markers to the Department of Economic Development.

State General Funds

($60,000)

($60,000)

($60,000)

($60,000)

270.9 Replace funds for the elevated bond repayment from the Jekyll Island Authority.

State General Funds Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS

$100,000 ($100,000)
$0

$100,000 ($100,000)
$0

$100,000 ($100,000)
$0

$100,000 ($100,000)
$0

270.10 Increase funds for thirty-three vacant positions to expand operating hours and enhance customer service in state parks.

State General Funds

$990,000

$990,000

$990,000

$990,000

270.11 Increase funds to repair, renovate, and construct cottages and campgrounds. (S and CC:Construct with inmate labor) [One-
Time Change]

State General Funds

$2,000,000

$2,000,000

$2,500,000

$2,500,000

270.12 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations.

State General Funds

($1,387)

($1,387)

($1,387)

($1,387)

270.13 Increase funds for Heating, Ventilation, and Air Conditioning (HVAC) replacement at Rhodes Hall. [One-Time Change]

State General Funds

$690,000

$0

270.14 Increase funds for a master plan for Flat Creek State Park. [One-Time Change]

State General Funds

$30,000

$30,000

270.15 Increase funds for a fence at the Troup's Tomb site. [One-Time Change]

State General Funds

$6,449

$6,449

270.0Parks, Recreation and Historic Sites

Appropriation (HB 95)

FRIDAY, APRIL 20, 2007

4685

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$23,760,095 $23,760,095
$845,941 $845,941 $17,879,882 $2,941,137 $2,941,137
$1,026 $1,026 $14,937,719 $14,937,719 $42,485,918

$23,760,095 $23,760,095
$845,941 $845,941 $17,879,882 $2,941,137 $2,941,137
$1,026 $1,026 $14,937,719 $14,937,719 $42,485,918

$24,976,246 $24,976,246
$845,941 $845,941 $17,879,882 $2,941,137 $2,941,137
$1,026 $1,026 $14,937,719 $14,937,719 $43,702,069

$24,286,246 $24,286,246
$845,941 $845,941 $17,879,882 $2,941,137 $2,941,137
$1,026 $1,026 $14,937,719 $14,937,719 $43,012,069

Pollution Prevention Assistance

Continuation Budget

The purpose of this appropriation is to reduce pollution by providing non-regulatory assistance.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized
TOTAL PUBLIC FUNDS

$16,075 $16,075 $103,913 $103,913 $103,913 $119,988

$16,075 $16,075 $103,913 $103,913 $103,913 $119,988

$16,075 $16,075 $103,913 $103,913 $103,913 $119,988

$16,075 $16,075 $103,913 $103,913 $103,913 $119,988

271.1 Transfer funds from the Hazardous Waste Trust Fund. Reserved Fund Balances Not Itemized

$600,000

271.0Pollution Prevention Assistance

Appropriation (HB 95)

The purpose of this appropriation is to reduce pollution by providing non-regulatory assistance.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS

$16,075 $16,075 $103,913

$16,075 $16,075 $103,913

$16,075 $16,075 $703,913

$600,000
$16,075 $16,075 $703,913

4686

JOURNAL OF THE HOUSE

Reserved Fund Balances Reserved Fund Balances Not Itemized
TOTAL PUBLIC FUNDS

$103,913 $103,913 $119,988

$103,913 $103,913 $119,988

$703,913 $703,913 $719,988

$703,913 $703,913 $719,988

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 State General Funds
TOTAL PUBLIC FUNDS

$6,000,000 $6,000,000 $6,000,000

$6,000,000 $6,000,000 $6,000,000

$6,000,000 $6,000,000 $6,000,000

$6,000,000 $6,000,000 $6,000,000

272.0Solid Waste Trust Fund

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$6,000,000 $6,000,000 $6,000,000

$6,000,000 $6,000,000 $6,000,000

$6,000,000 $6,000,000 $6,000,000

$6,000,000 $6,000,000 $6,000,000

Wildlife Resources

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS 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

$30,874,291 $30,874,291 $5,126,791 $5,126,791
$277,446 $15,250 $15,250
$262,196 $262,196 $36,278,528

$30,874,291 $30,874,291 $5,126,791 $5,126,791
$277,446 $15,250 $15,250
$262,196 $262,196 $36,278,528

$30,874,291 $30,874,291 $5,126,791 $5,126,791
$277,446 $15,250 $15,250
$262,196 $262,196 $36,278,528

$30,874,291 $30,874,291 $5,126,791 $5,126,791
$277,446 $15,250 $15,250
$262,196 $262,196 $36,278,528

273.1 Annualize the cost of the FY07 salary adjustment.

FRIDAY, APRIL 20, 2007

4687

State General Funds

$512,553

$512,553

$512,553

$512,553

273.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (S and CC:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$434,494

$434,494

$434,494

$434,494

273.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$1,075,529

$1,075,529

$1,075,529

$1,075,529

273.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$465,375

$465,375

$465,375

$465,375

273.5 Transfer funds for the FY07 pay raise for law enforcement from the Parks, Recreation and Historic Sites program.

State General Funds

$66,485

$66,485

$66,485

$66,485

273.6 Reduce funds from operations.

State General Funds

($7,405)

($7,405)

($7,405)

($7,405)

273.7 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds.

State General Funds

($1,387)

($1,387)

($1,387)

($1,387)

273.8 Increase funds to develop the "Go Fish Georgia" education center, state park, bass trail, and improve fishing and recreation access to promote and improve boating and fishing tourism as a means of enhancing economic development in communities around the state.(H:Provide funds only for boat ramps in order to create a bass trail)(S and CC:Bond the Education and Visitor Center for $6,500,000, Hatchery for $7,500,000, and include $200,000 for the Governor's Cup) [One-Time Change]

State General Funds

$6,000,000

$5,000,000

$5,000,000

$5,000,000

273.9 Increase funds for eleven vacant positions that directly impact customer service through law enforcement protection and management of wildlife management areas (WMA).

State General Funds

$440,000

$440,000

$440,000

$440,000

273.10 Increase funds for spraying to prevent unwanted vegetation and aquatic plants on Lake Blackshear.

State General Funds

$45,000

$0

$45,000

273.11 Increase funds collected through lifetime hunting and fishing licenses and associated interest in compliance with federal guidelines.

4688

JOURNAL OF THE HOUSE

State General Funds

$969,856

$969,856

273.12 Increase funds to repair a failed dam at Arrowhead Environmental Education Center to allow the lake to be used for hands-on aquatic education. [One-Time Change]

State General Funds

$500,000

$500,000

273.13 Increase funds for the Waynesboro Field Trials Stable at the Di-Land Plantation WMA. [One-Time Change]

State General Funds

$400,000

$400,000

273.0Wildlife Resources

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS 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

$39,859,935 $39,859,935 $5,126,791 $5,126,791
$277,446 $15,250 $15,250
$262,196 $262,196 $45,264,172

$38,904,935 $38,904,935 $5,126,791 $5,126,791
$277,446 $15,250 $15,250
$262,196 $262,196 $44,309,172

$40,729,791 $40,729,791 $5,126,791 $5,126,791
$277,446 $15,250 $15,250
$262,196 $262,196 $46,134,028

$40,774,791 $40,774,791 $5,126,791 $5,126,791
$277,446 $15,250 $15,250
$262,196 $262,196 $46,179,028

Georgia State Games Commission The purpose of this appropriation 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

$50,149 $50,149 $332,213 $332,213 $332,213 $382,362

Continuation Budget

$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

274.1 Eliminate funds for one position and four vehicles.

FRIDAY, APRIL 20, 2007

4689

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($50,149)

$0

($332,213)

$0

($382,362)

$0

274.2 Increase funds to facilitate athletic achievement and competition among handicapped children.

State General Funds

$250,000

($50,149) ($332,213) ($382,362)
$125,000

($50,149) ($332,213) ($382,362)
$250,000

274.0Georgia State Games Commission
The purpose of this appropriation 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 (HB 95)

$300,149 $300,149 $332,213 $332,213 $332,213 $632,362

$125,000 $125,000
$125,000

$250,000 $250,000
$250,000

Payments to Georgia Agricultural Exposition Authority

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$1,641,634 $1,641,634 $1,641,634

$1,641,634 $1,641,634 $1,641,634

$1,641,634 $1,641,634 $1,641,634

$1,641,634 $1,641,634 $1,641,634

275.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$11,000

$11,000

$11,000

$11,000

275.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$11,352

$11,352

$11,352

$11,352

275.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$28,921

$28,921

$28,921

$28,921

275.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$26,997

$26,997

$26,997

$26,997

4690

JOURNAL OF THE HOUSE

275.5 Increase funds for the pre-design for construction of the amphitheater. [One-Time Change]

State General Funds

$50,000

$50,000

275.6 Increase funds to purchase equipment to replace older, worn out equipment which is critical in servicing existing facilities and events. [One-Time Change]

State General Funds

$571,000

$475,000

275.99 CC: The purpose of this appropriation is to provide operating funds for and 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. Senate: The purpose of this appropriation is to provide operating funds for and 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.

State General Funds

$0

$0

275.0Payments to Georgia Agricultural Exposition Authority

Appropriation (HB 95)

The purpose of this appropriation is to provide operating funds for and 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 State General Funds
TOTAL PUBLIC FUNDS

$1,719,904 $1,719,904 $1,719,904

$1,719,904 $1,719,904 $1,719,904

$2,340,904 $2,340,904 $2,340,904

$2,244,904 $2,244,904 $2,244,904

Payments to Georgia Agrirama Development Authority

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$872,211 $872,211 $872,211

$872,211 $872,211 $872,211

$872,211 $872,211 $872,211

$872,211 $872,211 $872,211

276.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$6,000

$6,000

$6,000

276.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

$6,000

FRIDAY, APRIL 20, 2007

4691

State General Funds

$11,021

$11,021

$11,021

$11,021

276.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$27,531

$27,531

$27,531

$27,531

276.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$5,888

$5,888

$5,888

$5,888

276.5 Increase funds for ongoing operating expenses at the new multipurpose building and recreational vehicle park.

State General Funds

$155,000

$155,000

$155,000

$155,000

276.6 Increase funds for the development of a business, marketing, and facilities master plan. [One-Time Change]

State General Funds

$100,000

$100,000

$100,000

$100,000

276.99 CC: The purpose of this appropriation is to provide operating funds for and to collect, display, and preserve material culture of Georgia's agriculture and rural history and present agriculture and rural history to the general public and school groups. Senate: The purpose of this appropriation is to provide operating funds for and to collect, display, and preserve material culture of Georgia's agriculture and rural history and present agriculture and rural history to the general public and school groups.

State General Funds

$0

$0

276.0Payments to Georgia Agrirama Development Authority

Appropriation (HB 95)

The purpose of this appropriation is to provide operating funds for and to collect, display, and preserve material culture of Georgia's agriculture and rural history and present agriculture and rural history to the general public and school groups.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,177,651 $1,177,651 $1,177,651

$1,177,651 $1,177,651 $1,177,651

$1,177,651 $1,177,651 $1,177,651

$1,177,651 $1,177,651 $1,177,651

Payments to Lake Allatoona Preservation Authority

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$100,000 $100,000 $100,000

$100,000 $100,000 $100,000

$100,000 $100,000 $100,000

$100,000 $100,000 $100,000

4692

JOURNAL OF THE HOUSE

277.99 CC: The purpose of this appropriation is to provide operating funds for and to the Lake Allatoona Preservation Authority. Senate: The purpose of this appropriation is to provide operating funds for and to the Lake Allatoona Preservation Authority.

State General Funds

$0

$0

277.0Payments to Lake Allatoona Preservation Authority

Appropriation (HB 95)

The purpose of this appropriation is to provide operating funds for and to the Lake Allatoona Preservation Authority.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$100,000 $100,000 $100,000

$100,000 $100,000 $100,000

$100,000 $100,000 $100,000

$100,000 $100,000 $100,000

Payments to Southwest Georgia Railroad Excursion Authority

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$371,964 $371,964 $371,964

$371,964 $371,964 $371,964

$371,964 $371,964 $371,964

$371,964 $371,964 $371,964

278.99 CC: The purpose of this appropriation is to provide operating funds for and 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. Senate: The purpose of this appropriation is to provide operating funds for and 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.

State General Funds

$0

$0

278.0Payments to Southwest Georgia Railroad Excursion Authority

Appropriation (HB 95)

The purpose of this appropriation is to provide operating funds for and 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.

FRIDAY, APRIL 20, 2007

4693

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$371,964 $371,964 $371,964

$371,964 $371,964 $371,964

$371,964 $371,964 $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 for year 18 of 20 years, last payment being made June 15, 2010; Jekyll Island State Park Authority - $260,844 for year 19 of 20 years, last payment being made June 15th, 2009; Jekyll Island Convention Center and Golf Course - $679,346 for year 14 of 20 years, last payment being made June 15th, 2014; and North Georgia Mountains Authority $1,434,982 for year 14 of 20 years, last payment being made June 15th, 2014.

Section 35: Pardons and Paroles, State Board of

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$50,112,887 $50,112,887 $50,112,887

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$55,524,566 $55,524,566 $55,524,566

Board Administration

The purpose of this appropriation is to provide administrative support for the agency.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$4,891,864 $4,891,864 $4,891,864

$50,112,887 $50,112,887 $50,112,887

$50,112,887 $50,112,887 $50,112,887

Section Total - Final

$55,524,566 $55,524,566 $55,524,566

$55,612,881 $55,612,881 $55,612,881

Continuation Budget

$4,891,864 $4,891,864 $4,891,864

$4,891,864 $4,891,864 $4,891,864

$50,112,887 $50,112,887 $50,112,887
$55,612,881 $55,612,881 $55,612,881
$4,891,864 $4,891,864 $4,891,864

279.1 Annualize the cost of the FY07 salary adjustment. State General Funds

$25,041

$25,041

$25,041

$25,041

4694

JOURNAL OF THE HOUSE

279.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S and CC:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$26,817

$26,817

$26,817

$26,817

279.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$102,803

$102,803

$102,803

$102,803

279.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$10,260

$10,260

$10,260

$10,260

279.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$33,049

$33,049

$33,049

$33,049

279.6 Increase funds for the development of the Clemency Online Navigation System (CONS) including five additional information technology positions.

State General Funds

$796,240

$796,240

$796,240

$796,240

279.7 Increase funds for one-time expenses associated with the implementation of CONS. [One-Time Change]

State General Funds

$88,315

$88,315

279.95 Realize non-Georgia Building Authority lease savings through the consolidation of office space to utilize funds ($39,570) for the development of CONS. (G:YES)(H:YES)(S:YES)(CC:YES)

State General Funds

$0

$0

$0

$0

279.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($85,127) for the development of CONS. (G:YES)(H:YES)(S:YES)(CC:YES)

State General Funds

$0

$0

$0

$0

279.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($78,243) for the development of CONS. (G:YES)(H:YES)(S:YES)(CC:YES)

State General Funds

$0

$0

$0

$0

279.0Board Administration The purpose of this appropriation is to provide administrative support for the agency.

Appropriation (HB 95)

FRIDAY, APRIL 20, 2007

4695

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$5,886,074 $5,886,074 $5,886,074

$5,886,074 $5,886,074 $5,886,074

$5,974,389 $5,974,389 $5,974,389

$5,974,389 $5,974,389 $5,974,389

Clemency Decisions

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$10,212,410 $10,212,410 $10,212,410

$10,212,410 $10,212,410 $10,212,410

$10,212,410 $10,212,410 $10,212,410

$10,212,410 $10,212,410 $10,212,410

280.1 Annualize the cost of the FY07 salary adjustment ($95,061) and the 3% salary adjustment for law enforcement personnel ($45,000).

State General Funds

$140,061

$140,061

$140,061

$140,061

280.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S and CC:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$149,993

$149,993

$149,993

$149,993

280.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$375,320

$375,320

$375,320

$375,320

280.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$57,388

$57,388

$57,388

$57,388

280.0Clemency Decisions

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$10,935,172 $10,935,172 $10,935,172

$10,935,172 $10,935,172 $10,935,172

$10,935,172 $10,935,172 $10,935,172

$10,935,172 $10,935,172 $10,935,172

4696

JOURNAL OF THE HOUSE

Parole Supervision

Continuation Budget

The purpose is for transitioning offenders from prison back into the community as productive, law abiding citizens.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$34,476,952 $34,476,952 $34,476,952

$34,476,952 $34,476,952 $34,476,952

$34,476,952 $34,476,952 $34,476,952

$34,476,952 $34,476,952 $34,476,952

281.1 Annualize the cost of the FY07 salary adjustment ($284,470) and the 3% salary adjustment for law enforcement personnel ($220,818).

State General Funds

$505,288

$505,288

$505,288

$505,288

281.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S and CC:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$541,117

$541,117

$541,117

$541,117

281.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$1,354,013

$1,354,013

$1,354,013

$1,354,013

281.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$207,033

$207,033

$207,033

$207,033

281.5 Increase funds for a residential option for substance abuse treatment for parolees including one additional program assistant position.

State General Funds

$992,619

$992,619

$992,619

$992,619

281.6 Increase funds for additional substance abuse after care for offenders returning to the community.

State General Funds

$72,952

$72,952

$72,952

$72,952

281.0Parole Supervision

Appropriation (HB 95)

The purpose is for transitioning offenders from prison back into the community as productive, law abiding citizens.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$38,149,974 $38,149,974 $38,149,974

$38,149,974 $38,149,974 $38,149,974

$38,149,974 $38,149,974 $38,149,974

$38,149,974 $38,149,974 $38,149,974

FRIDAY, APRIL 20, 2007

4697

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 State General Funds
TOTAL PUBLIC FUNDS

$531,661 $531,661 $531,661

$531,661 $531,661 $531,661

$531,661 $531,661 $531,661

$531,661 $531,661 $531,661

282.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$4,202

$4,202

$4,202

$4,202

282.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S and CC:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$4,500

$4,500

$4,500

$4,500

282.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$11,261

$11,261

$11,261

$11,261

282.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$1,722

$1,722

$1,722

$1,722

282.0Victim Services

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$553,346 $553,346 $553,346

$553,346 $553,346 $553,346

$553,346 $553,346 $553,346

$553,346 $553,346 $553,346

Section 36: Properties Commission, State

Section Total - Continuation

4698

JOURNAL OF THE HOUSE

TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

$991,080 $991,080 $991,080

$991,080 $991,080 $991,080

$991,080 $991,080 $991,080

$991,080 $991,080 $991,080

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

$991,080 $991,080 $991,080

Section Total - Final

$991,080 $991,080 $991,080

$1,250,000 $1,250,000
$999,895 $999,895 $2,249,895

$1,250,000 $1,250,000
$999,895 $999,895 $2,249,895

Leasing

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Rental Payments
TOTAL PUBLIC FUNDS

$0 $0 $402,655 $402,655 $402,655 $402,655

$0 $0 $402,655 $402,655 $402,655 $402,655

$0 $0 $402,655 $402,655 $402,655 $402,655

$0 $0 $402,655 $402,655 $402,655 $402,655

283.1 Annualize the cost of the FY07 salary adjustment. Rental Payments

$0

$0

$3,982

$3,982

283.0 Leasing

Appropriation (HB 95)

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 State Funds Transfers Rental Payments
TOTAL PUBLIC FUNDS

$402,655 $402,655 $402,655 $402,655

$402,655 $402,655 $402,655 $402,655

$406,637 $406,637 $406,637 $406,637

$406,637 $406,637 $406,637 $406,637

Properties Commission, State

Continuation Budget

FRIDAY, APRIL 20, 2007

4699

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 STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Rental Payments
TOTAL PUBLIC FUNDS

$0 $0 $588,425 $588,425 $588,425 $588,425

$0 $0 $588,425 $588,425 $588,425 $588,425

$0 $0 $588,425 $588,425 $588,425 $588,425

$0 $0 $588,425 $588,425 $588,425 $588,425

284.1 Annualize the cost of the FY07 salary adjustment. Rental Payments

$0

$0

$4,833

$4,833

284.0Properties Commission, State

Appropriation (HB 95)

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 State Funds Transfers Rental Payments
TOTAL PUBLIC FUNDS

$588,425 $588,425 $588,425 $588,425

$588,425 $588,425 $588,425 $588,425

$593,258 $593,258 $593,258 $593,258

$593,258 $593,258 $593,258 $593,258

Payments to Georgia Building Authority

Continuation Budget

The purpose of this appropriation is to purchase, erect, and maintain buildings and other facilities to house agents and officials of the

state government.

TOTAL STATE FUNDS State General Funds

$0

$0

$0

$0

$0

$0

$0

$0

285.1 Annualize the cost of the FY07 salary adjustment ($139,565).

Rental Payments

$0

$0

$0

$0

285.2 Increase real estate rental rate by $0.38 per square foot to cover projected increases in utility expenses ($1,000,000). (G:YES)(H:YES)(S and CC:NO)

Rental Payments

$0

$0

$0

$0

4700

JOURNAL OF THE HOUSE

285.3 Increase real estate rental rate by $0.29 per square foot for the FY07 salary adjustment, Workers' Compensation premiums and State Health Benefit Plan increases ($756,335). (G:YES)(H:YES)(S:YES)

Rental Payments

$0

$0

$0

$0

285.4 Increase funds for condition assessments on seventeen state-owned buildings on Capitol Hill. [One-Time Change]

State General Funds

$500,000

$500,000

285.5 Increase funds for programming and design development for replacements of existing interiors within common areas, electrical, Heating, Ventilation, and Air Conditioning (HVAC) and water intrusion within the Floyd Building. [One-Time Change]

State General Funds

$250,000

$250,000

285.6 Increase funds for site prep and sale of property. Utilize proceeds to fund the Capitol Vista project which includes the demolition of the State Archives Building and the closure of Mitchell Street. [One-Time Change]
Sites: Archives Building, GBA multi-projects, State Capitol

State General Funds

$500,000

$500,000

285.99 CC: The purpose of this appropriation is to provide maintenance, repairs and preparatory work on property owned by the Georgia Building Authority. Senate: The purpose of this appropriation is to provide maintenance, repairs and preparatory work on property owned by the Georgia Building Authority.

State General Funds

$0

$0

285.0Payments to Georgia Building Authority

Appropriation (HB 95)

The purpose of this appropriation is to provide maintenance, repairs and preparatory work on property owned by the Georgia Building Authority.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,250,000 $1,250,000 $1,250,000

$1,250,000 $1,250,000 $1,250,000

Section 37: Public Safety, Department of

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS

$103,561,759 $103,561,759
$8,328,935

$103,561,759 $103,561,759
$8,328,935

$103,561,759 $103,561,759
$8,328,935

$103,561,759 $103,561,759
$8,328,935

FRIDAY, APRIL 20, 2007

4701

Federal Funds Not Itemized TOTAL AGENCY FUNDS
Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS

$8,328,935 $9,382,406 $3,151,435 $6,230,971 $121,273,100

$8,328,935 $9,382,406 $3,151,435 $6,230,971 $121,273,100

$8,328,935 $9,382,406 $3,151,435 $6,230,971 $121,273,100

$8,328,935 $9,382,406 $3,151,435 $6,230,971 $121,273,100

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Sales and Services
TOTAL PUBLIC FUNDS

$113,535,891 $113,535,891
$8,328,935 $8,328,935 $9,382,406 $3,151,435 $6,230,971 $131,247,232

Section Total - Final

$124,341,308 $124,341,308
$8,328,935 $8,328,935 $9,382,406 $3,151,435 $6,230,971 $142,052,649

$115,307,673 $115,307,673
$8,328,935 $8,328,935 $9,382,406 $3,151,435 $6,230,971 $133,019,014

$121,232,673 $121,232,673
$8,328,935 $8,328,935 $9,382,406 $3,151,435 $6,230,971 $138,944,014

Aviation

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$2,515,895 $2,515,895 $2,515,895

$2,515,895 $2,515,895 $2,515,895

$2,515,895 $2,515,895 $2,515,895

$2,515,895 $2,515,895 $2,515,895

286.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$17,282

$17,282

$17,282

$17,282

286.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S and CC:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$25,318

$25,318

$25,318

$25,318

286.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$44,133

$44,133

$44,133

$44,133

4702

JOURNAL OF THE HOUSE

286.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$27,922

$27,922

$27,922

$27,922

286.0 Aviation

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$2,630,550 $2,630,550 $2,630,550

$2,630,550 $2,630,550 $2,630,550

$2,630,550 $2,630,550 $2,630,550

$2,630,550 $2,630,550 $2,630,550

Capitol Police Services

Continuation Budget

The purpose of this appropriation is to protect life and property, prevent and detect criminal acts, and enforce traffic regulations

throughout the Capitol.

TOTAL STATE FUNDS TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$0 $3,151,435 $3,151,435 $3,151,435 $3,151,435

$0 $3,151,435 $3,151,435 $3,151,435 $3,151,435

$0 $3,151,435 $3,151,435 $3,151,435 $3,151,435

$0 $3,151,435 $3,151,435 $3,151,435 $3,151,435

287.0Capitol Police Services

Appropriation (HB 95)

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 Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$3,151,435 $3,151,435 $3,151,435 $3,151,435

$3,151,435 $3,151,435 $3,151,435 $3,151,435

$3,151,435 $3,151,435 $3,151,435 $3,151,435

$3,151,435 $3,151,435 $3,151,435 $3,151,435

Departmental Administration

Continuation Budget

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.

FRIDAY, APRIL 20, 2007

4703

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$8,774,504 $8,774,504 $8,774,504

$8,774,504 $8,774,504 $8,774,504

$8,774,504 $8,774,504 $8,774,504

$8,774,504 $8,774,504 $8,774,504

288.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$60,976

$60,976

$60,976

$60,976

288.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S and CC:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$81,485

$81,485

$81,485

$81,485

288.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$142,039

$142,039

$142,039

$142,039

288.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$89,863

$89,863

$89,863

$89,863

288.5 Increase funds to replace the existing Peace Officer Standards and Training Council (POST) database for personnel, training, certification and disciplinary records. [One-Time Change]

State General Funds

$286,064

$286,064

288.0Departmental Administration

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$9,148,867 $9,148,867 $9,148,867

$9,148,867 $9,148,867 $9,148,867

$9,434,931 $9,434,931 $9,434,931

$9,434,931 $9,434,931 $9,434,931

Executive Security Services

Continuation Budget

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.

4704

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,392,354 $1,392,354 $1,392,354

$1,392,354 $1,392,354 $1,392,354

$1,392,354 $1,392,354 $1,392,354

$1,392,354 $1,392,354 $1,392,354

289.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$11,425

$11,425

$11,425

$11,425

289.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S and CC:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$16,455

$16,455

$16,455

$16,455

289.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$28,683

$28,683

$28,683

$28,683

289.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$18,147

$18,147

$18,147

$18,147

289.0Executive Security Services

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$1,467,064 $1,467,064 $1,467,064

$1,467,064 $1,467,064 $1,467,064

$1,467,064 $1,467,064 $1,467,064

$1,467,064 $1,467,064 $1,467,064

Field Offices and Services

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$64,744,317 $64,744,317 $64,744,317

$64,744,317 $64,744,317 $64,744,317

$64,744,317 $64,744,317 $64,744,317

$64,744,317 $64,744,317 $64,744,317

FRIDAY, APRIL 20, 2007

4705

290.1 Annualize the cost of the FY07 salary adjustment ($673,309) and the 3% salary adjustment for law enforcement personnel ($449,196).

State General Funds

$1,122,505

$1,122,505

$1,122,505

$1,122,505

290.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (S and CC:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$1,413,168

$1,413,168

$1,413,168

$1,413,168

290.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$2,463,344

$2,463,344

$2,463,344

$2,463,344

290.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$1,105,900

$1,105,900

$1,105,900

$1,105,900

290.5 Reduce one-time funds received in HB1027 (FY07) for equipment and supplies for the Motorcycle Unit for the Atlanta-Metro area.

State General Funds

($277,500)

($277,500)

($277,500)

($277,500)

290.6 Transfer funds for the 3% law enforcement salary adjustment received in HB1027 (FY07) to the Motor Carrier Compliance Division (MCCD) program.

State General Funds

($148,277)

($148,277)

($148,277)

($148,277)

290.7 Increase funds for network charges for interoperability to allow public safety service and support providers statewide to communicate via voice and/or data.

State General Funds

$1,248,000

$1,248,000

$1,248,000

$1,248,000

290.8 Increase funds for 100 standard trooper cars. (S:Fund twenty-five cars)(CC:Fund fifty cars) [One-Time Change]

State General Funds

$3,500,000

$875,000

$1,750,000

290.9 Increase contract for training at the North Central Law Enforcement Academy.

State General Funds

$250,000

$0

$250,000

290.10 Increase funds for training and costs associated with the implementation of HB1059 (2006 Session) "Sexual Predator Act". (S and CC:Move to the Peace Officer Standards and Training Council (POST) program)

State General Funds

$118,700

$118,700

$118,700

4706

JOURNAL OF THE HOUSE

290.11 Increase funds for the continuations market benchmark salaries for identified ranks of the Georgia State Patrol Troopers through the supervisory rank of Captain and including all job classes of Communication Equipment Officers, effective January 1, 2008 and include a 3% salary adjustment, above the normal recommended salary adjustment, beginning January 1, 2007 for the following law enforcement positions: Lieutenant and Sergeant 1st Class.

State General Funds

$6,936,717

$0

$5,000,000

290.12 Increase funds for continuation market benchmark salaries for all sworn personnel in the Motor Carrier Compliance Division and the Capitol Police as funds are available to the agency internally or through future appropriation. (H:YES)(S:NO)(CC:YES)

State General Funds

$0

$0

$0

290.13 Increase funds for HB101 (2006 Session) "Peace Officers' Annuity and Benefit Fund".

State General Funds

$19,423

$19,423

290.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($208,028) for the replacement of vehicles in excess of 135,000 miles. (G:YES)(H:YES)

State General Funds

$0

$0

($208,028)

($208,028)

290.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($35,007) for the replacement of vehicles in excess of 135,000 miles. (G:YES)(H:YES)

State General Funds

$0

$0

($35,007)

($35,007)

290.0Field Offices and Services

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$71,671,457 $71,671,457 $71,671,457

$82,476,874 $82,476,874 $82,476,874

$72,441,545 $72,441,545 $72,441,545

$78,566,545 $78,566,545 $78,566,545

Motor Carrier Compliance

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS

$6,612,936 $6,612,936 $5,161,998

$6,612,936 $6,612,936 $5,161,998

$6,612,936 $6,612,936 $5,161,998

$6,612,936 $6,612,936 $5,161,998

FRIDAY, APRIL 20, 2007

4707

Federal Funds Not Itemized TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$5,161,998 $4,596,898 $4,596,898 $4,596,898 $16,371,832

$5,161,998 $4,596,898 $4,596,898 $4,596,898 $16,371,832

$5,161,998 $4,596,898 $4,596,898 $4,596,898 $16,371,832

$5,161,998 $4,596,898 $4,596,898 $4,596,898 $16,371,832

291.1 Annualize the cost of the FY07 salary adjustment ($66,195) and the 3% salary adjustment for law enforcement personnel ($148,277).

State General Funds

$214,472

$214,472

$214,472

$214,472

291.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs. (S and CC:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$286,492

$286,492

$286,492

$286,492

291.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$499,395

$499,395

$499,395

$499,395

291.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$81,896

$81,896

$81,896

$81,896

291.5 Transfer funds received for the 3% law enforcement salary adjustment in HB1027 (FY07) from the Field Office and Services program.

State General Funds

$148,277

$148,277

$148,277

$148,277

291.99 CC: The purpose of this appropriation is to provide safety and compliance enforcement for commercial motor carriers, school buses, large passenger vehicles, and enforce High Occupancy Vehicle lane use restrictions. Senate: The purpose of this appropriation is to provide safety and compliance enforcement for commercial motor carriers, school buses, large passenger vehicles, and enforce High Occupancy Vehicle lane use restrictions. House: The purpose of this appropriation is to provide safety and compliance enforcement for commercial motor carriers, school buses, large passenger vehicles, and ensure enforcement of High Occupancy Vehicle lane use restrictions. Governor: Provide safety and compliance enforcement for commercial motor carriers, school buses, large passenger vehicles, and ensure enforcement of High Occupancy Vehicle lane use restrictions.

4708

JOURNAL OF THE HOUSE

State General Funds

$0

$0

$0

$0

291.0Motor Carrier Compliance

Appropriation (HB 95)

The purpose of this appropriation is to provide safety and compliance enforcement for commercial motor carriers, school buses, large passenger vehicles, and enforce High Occupancy Vehicle lane use restrictions.

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

$7,843,468 $7,843,468 $5,161,998 $5,161,998 $4,596,898 $4,596,898 $4,596,898 $17,602,364

$7,843,468 $7,843,468 $5,161,998 $5,161,998 $4,596,898 $4,596,898 $4,596,898 $17,602,364

$7,843,468 $7,843,468 $5,161,998 $5,161,998 $4,596,898 $4,596,898 $4,596,898 $17,602,364

$7,843,468 $7,843,468 $5,161,998 $5,161,998 $4,596,898 $4,596,898 $4,596,898 $17,602,364

Specialized Collision Reconstruction Team

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$2,350,545 $2,350,545 $2,350,545

$2,350,545 $2,350,545 $2,350,545

$2,350,545 $2,350,545 $2,350,545

$2,350,545 $2,350,545 $2,350,545

292.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$26,437

$26,437

$26,437

$26,437

292.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S and CC:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$36,479

$36,479

$36,479

$36,479

292.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$63,588

$63,588

$63,588

$63,588

292.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

FRIDAY, APRIL 20, 2007

4709

State General Funds

$40,230

$40,230

$40,230

$40,230

292.0Specialized Collision Reconstruction Team

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$2,517,279 $2,517,279 $2,517,279

$2,517,279 $2,517,279 $2,517,279

$2,517,279 $2,517,279 $2,517,279

$2,517,279 $2,517,279 $2,517,279

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 State General Funds
TOTAL PUBLIC FUNDS

$2,291,755 $2,291,755 $2,291,755

$2,291,755 $2,291,755 $2,291,755

$2,291,755 $2,291,755 $2,291,755

$2,291,755 $2,291,755 $2,291,755

293.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$25,399

$25,399

$25,399

$25,399

293.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S and CC:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

State General Funds

$37,221

$37,221

$37,221

$37,221

293.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$64,881

$64,881

$64,881

$64,881

293.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$41,048

$41,048

$41,048

$41,048

293.0Troop J Specialty Units

Appropriation (HB 95)

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.

4710

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,460,304 $2,460,304 $2,460,304

$2,460,304 $2,460,304 $2,460,304

$2,460,304 $2,460,304 $2,460,304

$2,460,304 $2,460,304 $2,460,304

Firefighter Standards and Training Council, Georgia

Continuation Budget

The purpose of this appropriation is to provide minimum certification standards for all firefighters and public safety professionals.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$690,145 $690,145 $690,145

$690,145 $690,145 $690,145

$690,145 $690,145 $690,145

$690,145 $690,145 $690,145

294.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$6,146

$6,146

$6,146

$6,146

294.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$8,546

$8,546

$8,546

$8,546

294.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$21,650

$21,650

$21,650

$21,650

294.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$13,405

$13,405

$13,405

$13,405

294.5 Reduce one-time funds received in HB1027 (FY07) to purchase hardware needed to certify volunteer firefighters as mandated by SB169 (2003 Session).

State General Funds

($22,000)

($22,000)

($22,000)

($22,000)

294.6 Increase funds for one investigator position, one systems analyst II position and additional expenses.

State General Funds

$137,511

$137,511

$137,511

$137,511

294.7 Increase funds to establish fifteen regional sites statewide for firefighter leadership training to implement SB44 (2007 Session) the "Georgia Fire Officer Development Act". (CC:Increase funds for the training and certification of adjunct instructors) [One-
Time Change]

State General Funds

$750,000

$50,000

FRIDAY, APRIL 20, 2007

4711

294.99 CC: The purpose of this appropriation is to provide professionally trained, competent and ethical firefighters with the proper equipment and facilities to ensure a fire safe environment for Georgia citizens and establish professional standards for fire service training, including consulting, testing and certification of Georgia's firefighters. Senate: The purpose of this appropriation is to provide professionally trained, competent and ethical firefighters with the proper equipment and facilities to ensure a fire safe environment for Georgia citizens and establish professional standards for fire service training, including consulting, testing and certification of Georgia's firefighters. House: The purpose of this appropriation is to provide professionally trained, competent and ethical firefighters with the proper equipment and facilities to ensure a fire safe environment for our citizens and establish professional standards for fire service training including consulting, testing and certification. Governor: Provide professionally trained, competent and ethical firefighters with the proper equipment and facilities to ensure a fire safe environment for our citizens and establish professional standards for fire service training including consulting, testing and certification.

State General Funds

$0

$0

$0

$0

294.0Firefighter Standards and Training Council, Georgia

Appropriation (HB 95)

The purpose of this appropriation is to provide professionally trained, competent and ethical firefighters with the proper equipment and facilities to ensure a fire safe environment for Georgia citizens and establish professional standards for fire service training, including consulting, testing and certification of Georgia's firefighters.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$855,403 $855,403 $855,403

$855,403 $855,403 $855,403

$1,605,403 $1,605,403 $1,605,403

$905,403 $905,403 $905,403

Highway Safety, Office of

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$503,885 $503,885 $3,166,937 $3,166,937 $3,670,822

$503,885 $503,885 $3,166,937 $3,166,937 $3,670,822

$503,885 $503,885 $3,166,937 $3,166,937 $3,670,822

$503,885 $503,885 $3,166,937 $3,166,937 $3,670,822

295.1 Annualize the cost of the FY07 salary adjustment.

4712

JOURNAL OF THE HOUSE

State General Funds

$4,961

$4,961

$4,961

$4,961

295.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$6,438

$6,438

$6,438

$6,438

295.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$6,011

$6,011

$6,011

$6,011

295.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($889) for real estate charges. (G:YES)(H:YES)(S:YES)

State General Funds

$0

$0

$0

$0

295.0Highway Safety, Office of

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$521,295 $521,295 $3,166,937 $3,166,937 $3,688,232

$521,295 $521,295 $3,166,937 $3,166,937 $3,688,232

$521,295 $521,295 $3,166,937 $3,166,937 $3,688,232

$521,295 $521,295 $3,166,937 $3,166,937 $3,688,232

Peace Officer Standards and Training Council, Georgia

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$2,038,767 $2,038,767 $2,038,767

$2,038,767 $2,038,767 $2,038,767

$2,038,767 $2,038,767 $2,038,767

$2,038,767 $2,038,767 $2,038,767

296.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$17,685

$17,685

$17,685

$17,685

296.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%). (S and CC:Use market adjustment funds for an additional 3% Cost of Living Adjustment (COLA) capped at $2,000 effective January 1, 2008 for all POST "A" certified law enforcement personnel who did not receive an additional COLA in FY07 - HB1027)

FRIDAY, APRIL 20, 2007

4713

State General Funds

$26,508

$26,508

$26,508

$26,508

296.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$64,387

$64,387

$64,387

$64,387

296.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$10,532

$10,532

$10,532

$10,532

296.5 Eliminate one-time funds received in HB1027 (FY07) to develop a new Certification Exam.

State General Funds

($30,000)

($30,000)

296.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($986) for the purchase of three licenses for Microsoft Office suite. (G:YES)(H:YES)

State General Funds

$0

$0

($986)

($986)

296.99 CC: The purpose of this appropriation is to set standards for the law enforcement community, ensure training at the highest level for all of Georgia's law enforcement officers and public safety professionals, and certify individuals when all requirements are met. The purpose of this appropriation is also to investigate officers and public safety professionals when an allegation of unethical/illegal conduct is made and sanction these individuals' by disciplining officers and public safety professionals when necessary. Senate: The purpose of this appropriation is to set standards for the law enforcement community, ensure training at the highest level for all of Georgia's law enforcement officers and public safety professionals, and certify individuals when all requirements are met. The purpose of this appropriation is also to investigate officers and public safety professionals when an allegation of unethical/illegal conduct is made and sanction these individuals' by disciplining officers and public safety professionals when necessary. House: The purpose of this appropriation is to set standards for the law enforcement community; ensure training at the highest level for all of Georgia's law enforcement officers and public safety professionals; and certify individuals when all requirements are met. Investigate officers and public safety professionals when an allegation of unethical/illegal conduct is made; sanction these individuals' certification(s) when necessary. Governor: Set standards for the law enforcement community; ensure training at the highest level for all of Georgia's law enforcement officers and public safety professionals; and certify individuals when all requirements are met. Investigate officers and public safety professionals when an allegation of unethical/illegal conduct is made; sanction these individuals' certification(s) when necessary.

State General Funds

$0

$0

$0

$0

4714

JOURNAL OF THE HOUSE

296.0Peace Officer Standards and Training Council, Georgia

Appropriation (HB 95)

The purpose of this appropriation is to set standards for the law enforcement community, ensure training at the highest level for all of Georgia's law enforcement officers and public safety professionals, and certify individuals when all requirements are met. The purpose of this appropriation is also to investigate officers and public safety professionals when an allegation of unethical/illegal conduct is made and sanction these individuals' by disciplining officers and public safety professionals when necessary.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,157,879 $2,157,879 $2,157,879

$2,157,879 $2,157,879 $2,157,879

$2,126,893 $2,126,893 $2,126,893

$2,126,893 $2,126,893 $2,126,893

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$11,646,656 $11,646,656 $1,634,073 $1,634,073 $1,634,073 $13,280,729

$11,646,656 $11,646,656 $1,634,073 $1,634,073 $1,634,073 $13,280,729

$11,646,656 $11,646,656 $1,634,073 $1,634,073 $1,634,073 $13,280,729

$11,646,656 $11,646,656 $1,634,073 $1,634,073 $1,634,073 $13,280,729

297.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$100,240

$100,240

$100,240

$100,240

297.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$131,663

$131,663

$131,663

$131,663

297.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$327,857

$327,857

$327,857

$327,857

297.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$55,909

$55,909

$55,909

$55,909

297.5 Increase funds for the training of adjunct instructors.

State General Funds

$500,000

FRIDAY, APRIL 20, 2007

4715

297.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($108) for classroom improvements at the Northwest Georgia Regional Police Academy. (G:YES)(H:YES)

State General Funds

$0

$0

($108)

($108)

297.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($3,276) for classroom improvements at the Northwest Georgia Regional Police Academy. (G:YES)(H:YES)

State General Funds

$0

$0

($3,276)

($3,276)

297.0Public Safety Training Center, Georgia

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$12,262,325 $12,262,325 $1,634,073 $1,634,073 $1,634,073 $13,896,398

$12,262,325 $12,262,325 $1,634,073 $1,634,073 $1,634,073 $13,896,398

$12,258,941 $12,258,941 $1,634,073 $1,634,073 $1,634,073 $13,893,014

$12,758,941 $12,758,941 $1,634,073 $1,634,073 $1,634,073 $14,393,014

Section 38: Public Service Commission

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$9,047,095 $9,047,095
$273,311 $273,311 $9,320,406
$9,853,420 $9,853,420
$273,311 $273,311 $10,126,731

$9,047,095 $9,047,095
$273,311 $273,311 $9,320,406

$9,047,095 $9,047,095
$273,311 $273,311 $9,320,406

Section Total - Final

$10,118,536 $10,118,536
$273,311 $273,311 $10,391,847

$9,800,074 $9,800,074
$273,311 $273,311 $10,073,385

$9,047,095 $9,047,095
$273,311 $273,311 $9,320,406
$9,965,190 $9,965,190
$273,311 $273,311 $10,238,501

4716

JOURNAL OF THE HOUSE

Commission Administration

Continuation Budget

The purpose of this appropriation is to assist the Commissioners and staff in achieving the agency's goals.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,187,065 $1,187,065 $1,187,065

$1,187,065 $1,187,065 $1,187,065

$1,187,065 $1,187,065 $1,187,065

$1,187,065 $1,187,065 $1,187,065

298.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$10,949

$10,949

$10,949

$10,949

298.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$16,813

$16,813

$16,813

$16,813

298.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$42,771

$42,771

$42,771

$42,771

298.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$6,703

$6,703

$6,703

$6,703

298.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$4,770

$4,770

$4,770

$4,770

298.6 Reduce funds from operations.

State General Funds

($5,830)

($5,830)

($5,830)

($5,830)

298.7 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations.

State General Funds

($3,852)

($3,852)

($3,852)

($3,852)

298.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($901) for GBA rate change. (G:YES)(H:YES)

State General Funds

$0

$0

($901)

($901)

298.0Commission Administration

Appropriation (HB 95)

The purpose of this appropriation is to assist the Commissioners and staff in achieving the agency's goals.

FRIDAY, APRIL 20, 2007

4717

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,259,389 $1,259,389 $1,259,389

$1,259,389 $1,259,389 $1,259,389

$1,258,488 $1,258,488 $1,258,488

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$630,324 $630,324 $273,311 $273,311 $903,635

$630,324 $630,324 $273,311 $273,311 $903,635

$630,324 $630,324 $273,311 $273,311 $903,635

$1,258,488 $1,258,488 $1,258,488
$630,324 $630,324 $273,311 $273,311 $903,635

299.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$6,640

$6,640

$6,640

$6,640

299.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$8,927

$8,927

$8,927

$8,927

299.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$23,031

$23,031

$23,031

$23,031

299.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$4,022

$4,022

$4,022

$4,022

299.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$2,875

$2,875

$2,875

$2,875

299.6 Increase funds for operations.

State General Funds

$47,705

$47,705

$47,705

$47,705

299.7 Increase funds for the Georgia Utility Facility Protection Act (GUFPA) enforcement cases to encourage compliance and increase training participation.

State General Funds

$25,000

$25,000

$25,000

$25,000

299.8 Increase funds for two pipeline safety inspector positions and two vehicles to enforce state and federal natural gas regulations.

State General Funds

$108,097

$108,097

$108,097

$108,097

4718

JOURNAL OF THE HOUSE

299.9 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to increase funds for one vacant pipeline safety inspector position.

State General Funds

$26,667

$26,667

$0

$0

299.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($2,270) for GBA rate change. (G:YES)(H:YES)

State General Funds

$0

$0

($2,270)

($2,270)

299.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($693) for GBA rate change. (G:YES)(H:YES)

State General Funds

$0

$0

($693)

($693)

299.0Facility Protection

Appropriation (HB 95)

The purpose of this is to provide for the protection of the buried utility facility infrastructure within the State of Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$883,288 $883,288 $273,311 $273,311 $1,156,599

$883,288 $883,288 $273,311 $273,311 $1,156,599

$853,658 $853,658 $273,311 $273,311 $1,126,969

$853,658 $853,658 $273,311 $273,311 $1,126,969

Utilities Regulation

Continuation Budget

The purpose of this appropriation is to regulate intrastate telecommunications, natural gas, and electric utilities.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$7,229,706 $7,229,706 $7,229,706

$7,229,706 $7,229,706 $7,229,706

$7,229,706 $7,229,706 $7,229,706

$7,229,706 $7,229,706 $7,229,706

300.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$69,360

$69,360

$69,360

$69,360

300.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$102,398

$102,398

$102,398

$102,398

300.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$263,207

$263,207

$263,207

$263,207

FRIDAY, APRIL 20, 2007

4719

300.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$31,282

$31,282

$31,282

$31,282

300.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$25,134

$25,134

$25,134

$25,134

300.6 Increase funds for operations.

State General Funds

$12,471

$12,471

$12,471

$12,471

300.7 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations.

State General Funds

($22,815)

($22,815)

($22,815)

($22,815)

300.8 Increase funds for one Public Utility Advisor/Economist position.

State General Funds

$82,558

$0

$82,558

300.9 Increase funds for one Financial Analyst/Accountant position.

State General Funds

$82,558

$0

$82,558

300.10 Increase funds for transportation enforcement.

State General Funds

$100,000

$0

$0

300.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($17,477) for GBA rate change. (G:YES)(H:YES)

State General Funds

$0

$0

($17,477)

($17,477)

300.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($5,338) for GBA rate change. (G:YES)(H:YES)

State General Funds

$0

$0

($5,338)

($5,338)

300.0Utilities Regulation

Appropriation (HB 95)

The purpose of this appropriation is to regulate intrastate telecommunications, natural gas, and electric utilities.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$7,710,743 $7,710,743 $7,710,743

$7,975,859 $7,975,859 $7,975,859

$7,687,928 $7,687,928 $7,687,928

$7,853,044 $7,853,044 $7,853,044

Section 39: Regents, University System of Georgia

Section Total - Continuation

4720

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services
TOTAL PUBLIC FUNDS

$1,932,973,502 $1,917,240,948
$15,732,554 $2,911,515,211
$3,625,810 $1,648,562,847
$66,830,855 $1,192,495,699 $4,844,488,713

$1,932,973,502 $1,917,240,948
$15,732,554 $2,911,515,211
$3,625,810 $1,648,562,847
$66,830,855 $1,192,495,699 $4,844,488,713

$1,932,973,502 $1,917,240,948
$15,732,554 $2,911,515,211
$3,625,810 $1,648,562,847
$66,830,855 $1,192,495,699 $4,844,488,713

$1,932,973,502 $1,917,240,948
$15,732,554 $2,911,515,211
$3,625,810 $1,648,562,847
$66,830,855 $1,192,495,699 $4,844,488,713

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services
TOTAL PUBLIC FUNDS

Section Total - Final

$2,133,435,872 $2,111,598,073
$21,837,799 $2,908,641,879
$3,625,810 $1,648,729,015
$63,791,355 $1,192,495,699 $5,042,077,751

$2,142,656,935 $2,120,819,136
$21,837,799 $2,908,641,879
$3,625,810 $1,648,729,015
$63,791,355 $1,192,495,699 $5,051,298,814

$2,129,563,914 $2,109,226,115
$20,337,799 $2,908,641,879
$3,625,810 $1,648,729,015
$63,791,355 $1,192,495,699 $5,038,205,793

$2,135,814,859 $2,115,477,060
$20,337,799 $2,908,641,879
$3,625,810 $1,648,729,015
$63,791,355 $1,192,495,699 $5,044,456,738

Advanced Technology Development Center/Economic Development Institute

Continuation Budget

The purpose of this appropriation is to provide strategic business advice and connect its member companies to the people and

resources they need to succeed.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$14,572,215 $14,572,215 $12,875,000 $7,875,000 $7,875,000 $5,000,000 $5,000,000 $27,447,215

$14,572,215 $14,572,215 $12,875,000 $7,875,000 $7,875,000 $5,000,000 $5,000,000 $27,447,215

$14,572,215 $14,572,215 $12,875,000 $7,875,000 $7,875,000 $5,000,000 $5,000,000 $27,447,215

$14,572,215 $14,572,215 $12,875,000 $7,875,000 $7,875,000 $5,000,000 $5,000,000 $27,447,215

FRIDAY, APRIL 20, 2007

4721

301.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$174,432

$174,432

$174,432

$174,432

301.2 Increase funds for a 3% funding level for merit-based increases for Regents faculty and Regents non-academic personnel effective January 1, 2008.

State General Funds

$129,831

$129,831

$129,831

$129,831

301.3 Increase funds to expand current staffing levels at the Small Business Innovation Research (SBIR) Assistance Program to allow more counseling with developing companies and increase federal SBIR awards.

State General Funds

$190,000

$190,000

$190,000

$190,000

301.4 Increase funds to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

State General Funds

$33,234

$33,234

$33,234

$33,234

301.5 Increase funds for electricity and natural gas.

State General Funds

$7,805

$7,805

$0

$0

301.0Advanced Technology Development Center/Economic Development Institute

Appropriation (HB 95)

The purpose of this appropriation is to provide strategic business advice and connect its member companies to the people and resources they need to succeed.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$15,107,517 $15,107,517 $12,875,000 $7,875,000 $7,875,000 $5,000,000 $5,000,000 $27,982,517

$15,107,517 $15,107,517 $12,875,000 $7,875,000 $7,875,000 $5,000,000 $5,000,000 $27,982,517

$15,099,712 $15,099,712 $12,875,000 $7,875,000 $7,875,000 $5,000,000 $5,000,000 $27,974,712

$15,099,712 $15,099,712 $12,875,000 $7,875,000 $7,875,000 $5,000,000 $5,000,000 $27,974,712

Agricultural Experiment Station

Continuation Budget

The purpose of this appropriation is to improve production, processing, new product development, food safety, storage and marketing

to increase profitability and global competiveness.

TOTAL STATE FUNDS State General Funds

$40,506,864 $40,506,864

$40,506,864 $40,506,864

$40,506,864 $40,506,864

$40,506,864 $40,506,864

4722

JOURNAL OF THE HOUSE

TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$32,441,262 $26,604,976 $26,604,976 $1,800,000 $1,800,000 $4,036,286 $4,036,286 $72,948,126

$32,441,262 $26,604,976 $26,604,976 $1,800,000 $1,800,000 $4,036,286 $4,036,286 $72,948,126

$32,441,262 $26,604,976 $26,604,976 $1,800,000 $1,800,000 $4,036,286 $4,036,286 $72,948,126

$32,441,262 $26,604,976 $26,604,976 $1,800,000 $1,800,000 $4,036,286 $4,036,286 $72,948,126

302.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$601,972

$601,972

$601,972

$601,972

302.2 Increase funds for a 3% funding level for merit-based increases for Regents faculty and Regents non-academic personnel effective January 1, 2008.

State General Funds

$469,965

$469,965

$469,965

$469,965

302.3 Increase funds for maintenance and operations.

State General Funds

$700,000

$700,000

$700,000

$700,000

302.4 Increase funds to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

State General Funds

$282,420

$282,420

$282,420

$282,420

302.5 Increase funds for electricity and natural gas.

State General Funds

$300,211

$300,211

$0

$0

302.6 Increase funds for a specialist to study insect and disease damage caused by the tomato spotted wilt virus. (S and CC:Increase funds for one cotton entomologist, one vector biologist specialist, and one turf grass breeder for the College of Agriculture at the University of Georgia)

State General Funds

$150,000

$375,000

$375,000

302.0Agricultural Experiment Station

Appropriation (HB 95)

The purpose of this appropriation is to improve production, processing, new product development, food safety, storage and marketing to increase profitability and global competiveness.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS

$42,861,432 $42,861,432 $32,441,262

$43,011,432 $43,011,432 $32,441,262

$42,936,221 $42,936,221 $32,441,262

$42,936,221 $42,936,221 $32,441,262

FRIDAY, APRIL 20, 2007

4723

Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$26,604,976 $26,604,976 $1,800,000 $1,800,000 $4,036,286 $4,036,286 $75,302,694

$26,604,976 $26,604,976 $1,800,000 $1,800,000 $4,036,286 $4,036,286 $75,452,694

$26,604,976 $26,604,976 $1,800,000 $1,800,000 $4,036,286 $4,036,286 $75,377,483

$26,604,976 $26,604,976 $1,800,000 $1,800,000 $4,036,286 $4,036,286 $75,377,483

Athens and Tifton Veterinary Laboratories

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$83,084 $83,084 $4,653,970 $4,653,970 $4,653,970 $4,737,054

$83,084 $83,084 $4,653,970 $4,653,970 $4,653,970 $4,737,054

$83,084 $83,084 $4,653,970 $4,653,970 $4,653,970 $4,737,054

$83,084 $83,084 $4,653,970 $4,653,970 $4,653,970 $4,737,054

303.1 Annualize the cost of the FY07 salary adjustment.

Intergovernmental Transfers Not Itemized

$83,084

$83,084

$83,084

$83,084

303.2 Increase funds for a 3% funding level for merit-based increases for Regents faculty and Regents non-academic personnel effective January 1, 2008.

State General Funds

$62,192

$62,192

$62,192

$62,192

303.3 Transfer funds received for the FY07 pay raise and activities to contract within the Department of Agriculture.

State General Funds Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS

($83,084) $83,084
$0

($83,084) $83,084
$0

($83,084) $83,084
$0

($83,084) $83,084
$0

303.0Athens and Tifton Veterinary Laboratories

Appropriation (HB 95)

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.

4724

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$62,192 $62,192 $4,820,138 $4,820,138 $4,820,138 $4,882,330

$62,192 $62,192 $4,820,138 $4,820,138 $4,820,138 $4,882,330

$62,192 $62,192 $4,820,138 $4,820,138 $4,820,138 $4,882,330

$62,192 $62,192 $4,820,138 $4,820,138 $4,820,138 $4,882,330

Cooperative Extension Service

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$33,554,274 $33,554,274 $23,094,137 $20,546,243 $20,546,243
$125,000 $125,000 $2,422,894 $2,422,894 $56,648,411

$33,554,274 $33,554,274 $23,094,137 $20,546,243 $20,546,243
$125,000 $125,000 $2,422,894 $2,422,894 $56,648,411

$33,554,274 $33,554,274 $23,094,137 $20,546,243 $20,546,243
$125,000 $125,000 $2,422,894 $2,422,894 $56,648,411

$33,554,274 $33,554,274 $23,094,137 $20,546,243 $20,546,243
$125,000 $125,000 $2,422,894 $2,422,894 $56,648,411

304.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$586,158

$586,158

$586,158

$586,158

304.2 Increase funds for a 3% funding level for merit-based increases for Regents faculty and Regents non-academic personnel effective January 1, 2008.

State General Funds

$454,250

$454,250

$454,250

$454,250

304.3 Increase funds for maintenance and operations.

State General Funds

$300,000

$300,000

$300,000

$300,000

304.4 Eliminate remaining one-time funds received in for the Formosan Termite Project.

State General Funds

($20,000)

$150,000

$0

$80,000

304.5 Increase funds to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

FRIDAY, APRIL 20, 2007

4725

State General Funds

$342,242

$342,242

304.6 Increase funds for electricity and natural gas.

State General Funds

$289,577

$289,577

304.7 Increase funds to complete construction of the Sutton Dining Hall at Rock Eagle. (S:Move to bonds)

State General Funds

$2,650,000

304.8 Increase funds to upgrade the facilities at the Vidalia Onion and Vegetable Research Center.

State General Funds

$342,242 $0 $0
$75,000

$342,242 $0 $0
$75,000

304.0Cooperative Extension Service

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$35,506,501 $35,506,501 $23,094,137 $20,546,243 $20,546,243
$125,000 $125,000 $2,422,894 $2,422,894 $58,600,638

$38,326,501 $38,326,501 $23,094,137 $20,546,243 $20,546,243
$125,000 $125,000 $2,422,894 $2,422,894 $61,420,638

$35,311,924 $35,311,924 $23,094,137 $20,546,243 $20,546,243
$125,000 $125,000 $2,422,894 $2,422,894 $58,406,061

$35,391,924 $35,391,924 $23,094,137 $20,546,243 $20,546,243
$125,000 $125,000 $2,422,894 $2,422,894 $58,486,061

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 State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services

$659,442 $659,442 $300,405 $200,000 $200,000 $100,405

$659,442 $659,442 $300,405 $200,000 $200,000 $100,405

$659,442 $659,442 $300,405 $200,000 $200,000 $100,405

$659,442 $659,442 $300,405 $200,000 $200,000 $100,405

4726

JOURNAL OF THE HOUSE

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$100,405 $959,847

$100,405 $959,847

$100,405 $959,847

$100,405 $959,847

305.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$12,000

$12,000

$12,000

$12,000

305.2 Increase funds for a 3% funding level for merit-based increases for Regents faculty and Regents non-academic personnel effective January 1, 2008.

State General Funds

$9,108

$9,108

$9,108

$9,108

305.3 Increase funds to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

State General Funds

$6,838

$6,838

$6,838

$6,838

305.4 Increase funds for electricity and natural gas.

State General Funds

$3,460

$3,460

$0

$0

305.0Forestry Cooperative Extension

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$690,848 $690,848 $300,405 $200,000 $200,000 $100,405 $100,405 $991,253

$690,848 $690,848 $300,405 $200,000 $200,000 $100,405 $100,405 $991,253

$687,388 $687,388 $300,405 $200,000 $200,000 $100,405 $100,405 $987,793

$687,388 $687,388 $300,405 $200,000 $200,000 $100,405 $100,405 $987,793

Forestry Research

Continuation Budget

The purpose of this appropriation is to sustain the competitiveness of Georgia's forest products' industry and private land owners

through research and meet the environmental goals of the Sustainable Forestry Initiative.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS

$3,134,341 $3,134,341 $2,550,000

$3,134,341 $3,134,341 $2,550,000

$3,134,341 $3,134,341 $2,550,000

$3,134,341 $3,134,341 $2,550,000

FRIDAY, APRIL 20, 2007

4727

Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$2,000,000 $2,000,000
$550,000 $550,000 $5,684,341

$2,000,000 $2,000,000
$550,000 $550,000 $5,684,341

$2,000,000 $2,000,000
$550,000 $550,000 $5,684,341

$2,000,000 $2,000,000
$550,000 $550,000 $5,684,341

306.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$57,764

$57,764

$57,764

$57,764

306.2 Increase funds for a 3% funding level for merit-based increases for Regents faculty and Regents non-academic personnel effective January 1, 2008.

State General Funds

$42,002

$42,002

$42,002

$42,002

306.3 Increase funds to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

State General Funds

$42,224

$42,224

$42,224

$42,224

306.4 Increase funds for electricity and natural gas.

State General Funds

$28,964

$28,964

$0

$0

306.0Forestry Research

Appropriation (HB 95)

The purpose of this appropriation is to sustain the competitiveness of Georgia's forest products' industry and private land owners through research and meet the environmental goals of the Sustainable Forestry Initiative.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$3,305,295 $3,305,295 $2,550,000 $2,000,000 $2,000,000
$550,000 $550,000 $5,855,295

$3,305,295 $3,305,295 $2,550,000 $2,000,000 $2,000,000
$550,000 $550,000 $5,855,295

$3,276,331 $3,276,331 $2,550,000 $2,000,000 $2,000,000
$550,000 $550,000 $5,826,331

$3,276,331 $3,276,331 $2,550,000 $2,000,000 $2,000,000
$550,000 $550,000 $5,826,331

Georgia Radiation Therapy Center The purpose of this appropriation is to provide patient care and education.

Continuation Budget

4728

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $3,625,810 $3,625,810 $3,625,810 $3,625,810

$0 $0 $3,625,810 $3,625,810 $3,625,810 $3,625,810

$0 $0 $3,625,810 $3,625,810 $3,625,810 $3,625,810

$0 $0 $3,625,810 $3,625,810 $3,625,810 $3,625,810

307.0Georgia Radiation Therapy Center
The purpose of this appropriation is to provide patient care and education.
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS

$3,625,810 $3,625,810 $3,625,810 $3,625,810

Appropriation (HB 95)

$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

Georgia Tech Research Institute

Continuation Budget

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.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$7,548,482 $7,548,482 $122,917,958 $76,469,736 $76,469,736 $38,748,222 $38,748,222 $7,700,000 $7,700,000 $130,466,440

$7,548,482 $7,548,482 $122,917,958 $76,469,736 $76,469,736 $38,748,222 $38,748,222 $7,700,000 $7,700,000 $130,466,440

$7,548,482 $7,548,482 $122,917,958 $76,469,736 $76,469,736 $38,748,222 $38,748,222 $7,700,000 $7,700,000 $130,466,440

$7,548,482 $7,548,482 $122,917,958 $76,469,736 $76,469,736 $38,748,222 $38,748,222 $7,700,000 $7,700,000 $130,466,440

308.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$134,722

$134,722

$134,722

$134,722

308.2 Increase funds for a 3% funding level for merit-based increases for Regents faculty and Regents non-academic personnel effective January 1, 2008.

FRIDAY, APRIL 20, 2007

4729

State General Funds

$105,629

$105,629

$105,629

$105,629

308.3 Increase funds to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

State General Funds

$34,594

$34,594

$34,594

$34,594

308.4 Increase funds for electricity and natural gas.

State General Funds

$38,341

$38,341

$0

$0

308.5 Increase funds for the Agricultural Technology Research Program to replace aging Ion/High Pressure Liquid Chromatograph. [One-Time Change]

State General Funds

$45,000

$45,000

308.0Georgia Tech Research Institute

Appropriation (HB 95)

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.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$7,861,768 $7,861,768 $122,917,958 $76,469,736 $76,469,736 $38,748,222 $38,748,222 $7,700,000 $7,700,000 $130,779,726

$7,861,768 $7,861,768 $122,917,958 $76,469,736 $76,469,736 $38,748,222 $38,748,222 $7,700,000 $7,700,000 $130,779,726

$7,868,427 $7,868,427 $122,917,958 $76,469,736 $76,469,736 $38,748,222 $38,748,222 $7,700,000 $7,700,000 $130,786,385

$7,868,427 $7,868,427 $122,917,958 $76,469,736 $76,469,736 $38,748,222 $38,748,222 $7,700,000 $7,700,000 $130,786,385

Marine Institute

Continuation Budget

The purpose of this appropriation is to understand the processes that affect the condition of the salt marsh and coastline.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements

$943,916 $943,916 $767,633 $700,000 $700,000
$67,633

$943,916 $943,916 $767,633 $700,000 $700,000
$67,633

$943,916 $943,916 $767,633 $700,000 $700,000
$67,633

$943,916 $943,916 $767,633 $700,000 $700,000
$67,633

4730

JOURNAL OF THE HOUSE

Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS

$67,633 $1,711,549

$67,633 $1,711,549

$67,633 $1,711,549

$67,633 $1,711,549

309.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$5,667

$5,667

$5,667

$5,667

309.2 Increase funds for a 3% funding level for merit-based increases for Regents faculty and Regents non-academic personnel effective January 1, 2008.

State General Funds

$9,810

$9,810

$9,810

$9,810

309.3 Increase funds to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

State General Funds

$4,968

$4,968

$4,968

$4,968

309.4 Increase funds for electricity and natural gas.

State General Funds

$17,373

$17,373

$0

$0

309.0Marine Institute

Appropriation (HB 95)

The purpose of this appropriation is to understand the processes that affect the condition of the salt marsh and coastline.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL PUBLIC FUNDS

$981,734 $981,734 $767,633 $700,000 $700,000
$67,633 $67,633 $1,749,367

$981,734 $981,734 $767,633 $700,000 $700,000
$67,633 $67,633 $1,749,367

$964,361 $964,361 $767,633 $700,000 $700,000
$67,633 $67,633 $1,731,994

$964,361 $964,361 $767,633 $700,000 $700,000
$67,633 $67,633 $1,731,994

Marine Resources Extension Center

Continuation Budget

The purpose of this appropriation is to transfer technology, provide training, and conduct applied research.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized

$1,528,207 $1,528,207 $1,184,800
$600,000 $600,000

$1,528,207 $1,528,207 $1,184,800
$600,000 $600,000

$1,528,207 $1,528,207 $1,184,800
$600,000 $600,000

$1,528,207 $1,528,207 $1,184,800
$600,000 $600,000

FRIDAY, APRIL 20, 2007

4731

Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$90,000 $90,000 $494,800 $494,800 $2,713,007

$90,000 $90,000 $494,800 $494,800 $2,713,007

$90,000 $90,000 $494,800 $494,800 $2,713,007

$90,000 $90,000 $494,800 $494,800 $2,713,007

310.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$22,010

$22,010

$22,010

$22,010

310.2 Increase funds for a 3% funding level for merit-based increases for Regents faculty and Regents non-academic personnel effective January 1, 2008.

State General Funds

$17,242

$17,242

$17,242

$17,242

310.3 Increase funds to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

State General Funds

$9,262

$9,262

$9,262

$9,262

310.4 Increase funds for electricity and natural gas.

State General Funds

$18,507

$18,507

$0

$0

310.0Marine Resources Extension Center

Appropriation (HB 95)

The purpose of this appropriation is to transfer technology, provide training, and conduct applied research.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,595,228 $1,595,228 $1,184,800
$600,000 $600,000
$90,000 $90,000 $494,800 $494,800 $2,780,028

$1,595,228 $1,595,228 $1,184,800
$600,000 $600,000
$90,000 $90,000 $494,800 $494,800 $2,780,028

$1,576,721 $1,576,721 $1,184,800
$600,000 $600,000
$90,000 $90,000 $494,800 $494,800 $2,761,521

$1,576,721 $1,576,721 $1,184,800
$600,000 $600,000
$90,000 $90,000 $494,800 $494,800 $2,761,521

Medical College of Georgia Hospital and Clinics The purpose of this appropriation is to care, teach, and refer clients.

Continuation Budget

4732

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$32,272,644 $32,272,644 $32,272,644

$32,272,644 $32,272,644 $32,272,644

$32,272,644 $32,272,644 $32,272,644

$32,272,644 $32,272,644 $32,272,644

311.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$511,450

$511,450

$511,450

$511,450

311.2 Increase funds for a 3% funding level for merit-based increases for Regents faculty and Regents non-academic personnel effective January 1, 2008.

State General Funds

$397,018

$397,018

$397,018

$397,018

311.0Medical College of Georgia Hospital and Clinics
The purpose of this appropriation is to care, teach, and refer clients. TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

Appropriation (HB 95)

$33,181,112 $33,181,112 $33,181,112

$33,181,112 $33,181,112 $33,181,112

$33,181,112 $33,181,112 $33,181,112

$33,181,112 $33,181,112 $33,181,112

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 State General Funds
TOTAL PUBLIC FUNDS

$860,161 $860,161 $860,161

$860,161 $860,161 $860,161

$860,161 $860,161 $860,161

$860,161 $860,161 $860,161

312.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$10,052

$10,052

$10,052

$10,052

312.2 Increase funds for a 3% funding level for merit-based increases for Regents faculty and Regents non-academic personnel effective January 1, 2008.

State General Funds

$6,910

$6,910

$6,910

$6,910

312.3 Increase funds to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

State General Funds

$7,150

$7,150

$7,150

$7,150

FRIDAY, APRIL 20, 2007

4733

312.0Office of Minority Business Enterprise

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$884,273 $884,273 $884,273

$884,273 $884,273 $884,273

$884,273 $884,273 $884,273

$884,273 $884,273 $884,273

Payments to the Georgia Cancer Coalition

Continuation Budget

The purpose of this appropriation is to provide funds to the Cancer Coalition for ongoing research and preventative measures.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL PUBLIC FUNDS

$9,982,554 $0
$9,982,554 $9,982,554

$9,982,554 $0
$9,982,554 $9,982,554

$9,982,554 $0
$9,982,554 $9,982,554

$9,982,554 $0
$9,982,554 $9,982,554

313.1 Increase funds for coalition staff and operations.

Tobacco Settlement Funds

$89,289

$89,289

$89,289

$89,289

313.2 Increase funds to recruit twenty Eminent Cancer Scientists and Clinicians.

Tobacco Settlement Funds

$1,707,623

$1,707,623

$1,707,623

$1,707,623

313.3 Increase funds for the continued development of the Quality Information Exchange. $350,000 shall be used to implement a pilot program to promote smoking cessation by use of the most up-to-date prescription class of smoking cessation medication along with counseling. The state shall submit a State Plan Amendment to the U.S. Department of Health and Human Services to obtain approval for receiving federal matching funds to cover such medications [One-Time Change]

Tobacco Settlement Funds

$4,083,333

$3,783,333

$4,083,333

$4,083,333

313.4 Increase funds for the Regional Programs of Excellence to provide community prevention and screening activities.

Tobacco Settlement Funds

$100,000

$300,000

$100,000

$100,000

313.5 Increase funds to continue development and expansion of the oncology clinical trials network.

Tobacco Settlement Funds

$125,000

$125,000

$125,000

$125,000

313.6 Reduce Cancer Coalition Initiatives base funding to redirect to core funding for Regional Cancer Centers.

Tobacco Settlement Funds

($500,000)

$0

$0

4734

JOURNAL OF THE HOUSE

313.7 Increase core operational funds for the six Regional Cancer Coalitions: Southwest Georgia, Central Georgia, East Georgia, Northwest Georgia, Southeast Georgia, and West Central Georgia Cancer Coalitions. (S:Transfer funds to the Department of Community Health, Health Care Access and Improvement program for the six Regional Cancer Coalitions of Excellence)

Tobacco Settlement Funds

$600,000 ($1,500,000) ($1,500,000)

313.8 Transfer $750,000 from Emory to the Georgia Umbilical Cord Blood Stem Cell Core Facility at the Medical College of Georgia.

Tobacco Settlement Funds

$0

313.0Payments to the Georgia Cancer Coalition

Appropriation (HB 95)

The purpose of this appropriation is to provide funds to the Cancer Coalition for ongoing research and preventative measures.

TOTAL STATE FUNDS Tobacco Settlement Funds
TOTAL PUBLIC FUNDS

$16,087,799 $16,087,799 $16,087,799

$16,087,799 $16,087,799 $16,087,799

$14,587,799 $14,587,799 $14,587,799

$14,587,799 $14,587,799 $14,587,799

Public Libraries

Continuation Budget

The purpose of this appropriation is to provide library services for Georgians and to award grants from the Public Library Fund.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$37,968,698 $37,968,698 $4,522,400 $4,522,400 $4,522,400 $42,491,098

$37,968,698 $37,968,698 $4,522,400 $4,522,400 $4,522,400 $42,491,098

$37,968,698 $37,968,698 $4,522,400 $4,522,400 $4,522,400 $42,491,098

$37,968,698 $37,968,698 $4,522,400 $4,522,400 $4,522,400 $42,491,098

314.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$440,850

$440,850

$440,850

$440,850

314.2 Increase funds for a 3% salary increase for public library employees effective January 1, 2008.

State General Funds

$314,188

$314,188

$314,188

$314,188

314.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$975,343

$975,343

$975,343

$975,343

314.4 Increase funds to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

FRIDAY, APRIL 20, 2007

4735

State General Funds

$9,728

$9,728

$9,728

$9,728

314.5 Increase funds for the Public Library State Grants formula due to an increase in the state population.

State General Funds

$297,294

$297,294

$297,294

$297,294

314.6 Increase funds for needed equipment at the Glynn County Library. (S:See line 314.8)(CC:Three Rivers Regional Library)

State General Funds

$19,000

$0

$19,000

314.7 Increase funds to replace hardware associated with internet filtering in public libraries to comply with state and federal law.
[One-Time Change]

State General Funds

$90,000

$90,000

314.8 Increase funds for repair and renovation needs at facilities within the Georgia Public Library System. [One-Time Change]

State General Funds

$2,500,000

$900,000

314.0Public Libraries

Appropriation (HB 95)

The purpose of this appropriation is to provide library services for Georgians and to award grants from the Public Library Fund.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$40,006,101 $40,006,101 $4,522,400 $4,522,400 $4,522,400 $44,528,501

$40,025,101 $40,025,101 $4,522,400 $4,522,400 $4,522,400 $44,547,501

$42,596,101 $42,596,101 $4,522,400 $4,522,400 $4,522,400 $47,118,501

$41,015,101 $41,015,101 $4,522,400 $4,522,400 $4,522,400 $45,537,501

Public Service / Special Funding Initiatives The purpose of this appropriation is to provide leadership, service, and education.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL PUBLIC FUNDS

$32,417,559 $27,417,559 $5,000,000 $32,417,559

Continuation Budget

$32,417,559 $27,417,559 $5,000,000 $32,417,559

$32,417,559 $27,417,559 $5,000,000 $32,417,559

$32,417,559 $27,417,559 $5,000,000 $32,417,559

315.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$287,886

$287,886

$287,886

$287,886

315.2 Increase funds for a 3% funding level for merit-based increases for Regents faculty and Regents non-academic personnel effective January 1, 2008.

4736

JOURNAL OF THE HOUSE

State General Funds

$161,903

$161,903

$161,903

$161,903

315.3 Increase funds for the Medical College of Georgia to expand the medical school to the Athens area. (H:Fund study for the Medical College of Georgia capacity and future expansion opportunities at the Augusta campus)(CC:Board of Regents to expand Medical School capacity)

State General Funds

$3,838,996

$2,838,996

$3,838,996

$2,838,996

315.4 Eliminate one-time funds received in HB1027 (FY07) for the bio-business incubator at the Medical College of Georgia.

State General Funds

($500,000)

($500,000)

($500,000)

($500,000)

315.5 Increase funds to support the Georgia Gwinnett College. [One-Time Change]

State General Funds

$10,000,000 $10,000,000 $10,000,000 $10,000,000

315.6 Increase funds for the UGA-Griffin campus to expand education course offerings.

State General Funds

$500,000

$500,000

$500,000

$500,000

315.7 Increase funds for the Water Policy Planning Center at Albany State University. [One-Time Change]

State General Funds

$800,000

$180,000

$180,000

315.8 Increase funds for The Washington Center for Internships and Academic Seminars: Georgia Initiative - a program providing eighteen tuition scholarships at $5,000 each for Georgia students interested in experiencing and extending their education by serving a semester in Washington D.C.

State General Funds

$90,000

$0

$45,000

315.9 Increase funds to conduct a business plan to support the incorporation efforts for Chattahoochee Hills. (CC:Direct $75,000 to South Fulton and $75,000 to Chattahoochee Hills) [One-Time Change]

State General Funds

$75,000

$150,000

315.0Public Service / Special Funding Initiatives

The purpose of this appropriation is to provide leadership, service, and education.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL PUBLIC FUNDS

$46,706,344 $41,706,344 $5,000,000 $46,706,344

Appropriation (HB 95)

$46,596,344 $41,596,344 $5,000,000 $46,596,344

$46,961,344 $41,961,344 $5,000,000 $46,961,344

$46,081,344 $41,081,344 $5,000,000 $46,081,344

Regents Central Office

Continuation Budget

The purpose of this appropriation is to provide administrative support to all colleges and universities in the university system.

FRIDAY, APRIL 20, 2007

4737

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$7,984,377 $7,984,377 $7,984,377

$7,984,377 $7,984,377 $7,984,377

$7,984,377 $7,984,377 $7,984,377

$7,984,377 $7,984,377 $7,984,377

316.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$110,130

$110,130

$110,130

$110,130

316.2 Increase funds for a 3% funding level for merit-based increases for Regents faculty and Regents non-academic personnel effective January 1, 2008.

State General Funds

$96,340

$96,340

$96,340

$96,340

316.3 Increase funds for Southern Regional Education Board (SREB) dues, the Regional Contract program to meet actual contract costs, and the Minority Doctoral Scholars program to add three additional students. (H:YES; Provide $157,586 for an additional 5 students in the field of optometry)

State General Funds

$94,552

$252,138

$94,552

$94,552

316.4 Increase funds to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

State General Funds

$43,414

$43,414

$43,414

$43,414

316.5 Increase funds for the Georgia Building Authority (GBA) rental rate. (S:NO to GBA rate increase for utilities)

State General Funds

$55,349

$55,349

$23,835

$23,835

316.6 Increase funds to reflect an adjustment in Workers' Compensation premiums.

State General Funds

$150,247

$150,247

$150,247

$150,247

316.7 Reduce funds to reflect anticipated savings to be realized as the result of twenty additional attorneys for the Department of Law.

State General Funds

($819,095)

316.0Regents Central Office

Appropriation (HB 95)

The purpose of this appropriation is to provide administrative support to all colleges and universities in the university system.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$8,534,409 $8,534,409 $8,534,409

$8,691,995 $8,691,995 $8,691,995

$8,502,895 $8,502,895 $8,502,895

$7,683,800 $7,683,800 $7,683,800

Research Consortium

Continuation Budget

4738

JOURNAL OF THE HOUSE

The purpose of this appropriation is to conduct research to further industry in the State of Georgia.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL PUBLIC FUNDS

$26,400,251 $25,650,251
$750,000 $26,400,251

$26,400,251 $25,650,251
$750,000 $26,400,251

$26,400,251 $25,650,251
$750,000 $26,400,251

$26,400,251 $25,650,251
$750,000 $26,400,251

317.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$108,692

$108,692

$108,692

$108,692

317.2 Increase funds for a 3% funding level for merit-based increases for Regents faculty and Regents non-academic personnel effective January 1, 2008.

State General Funds

$236,072

$236,072

$236,072

$236,072

317.3 Transfer funds and activities for the energy eminent scholars ($2,000,000) and the patent fund for the bioscience industry ($200,000) to the VentureLab and GRA Commercialization programs. (G:YES)(H:YES)(S:YES)

State General Funds

$0

$0

$0

$0

317.4 Increase funds for life sciences vaccine research.

State General Funds

$10,000,000 $10,000,000 $10,000,000 $10,000,000

317.5 Increase funds for food processing equipment. (S:See bonds)

State General Funds

$300,000

$0

$0

317.0Research Consortium

Appropriation (HB 95)

The purpose of this appropriation is to conduct research to further industry in the State of Georgia.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL PUBLIC FUNDS

$36,745,015 $35,995,015
$750,000 $36,745,015

$37,045,015 $36,295,015
$750,000 $37,045,015

$36,745,015 $35,995,015
$750,000 $36,745,015

$36,745,015 $35,995,015
$750,000 $36,745,015

Skidaway Institute of Oceanography

Continuation Budget

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 State General Funds

$1,634,073 $1,634,073

$1,634,073 $1,634,073

$1,634,073 $1,634,073

$1,634,073 $1,634,073

FRIDAY, APRIL 20, 2007

4739

TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$5,658,000 $4,113,000 $4,113,000 $1,545,000 $1,545,000 $7,292,073

$5,658,000 $4,113,000 $4,113,000 $1,545,000 $1,545,000 $7,292,073

$5,658,000 $4,113,000 $4,113,000 $1,545,000 $1,545,000 $7,292,073

$5,658,000 $4,113,000 $4,113,000 $1,545,000 $1,545,000 $7,292,073

318.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$24,570

$24,570

$24,570

$24,570

318.2 Increase funds for a 3% funding level for merit-based increases for Regents faculty and Regents non-academic personnel effective January 1, 2008.

State General Funds

$19,115

$19,115

$19,115

$19,115

318.3 Increase funds to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

State General Funds

$6,906

$6,906

$6,906

$6,906

318.4 Increase funds for electricity and natural gas.

State General Funds

$23,148

$23,148

$0

$0

318.5 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$28,046

$28,046

$28,046

$28,046

318.0Skidaway Institute of Oceanography

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,735,858 $1,735,858 $5,658,000 $4,113,000 $4,113,000 $1,545,000 $1,545,000 $7,393,858

$1,735,858 $1,735,858 $5,658,000 $4,113,000 $4,113,000 $1,545,000 $1,545,000 $7,393,858

$1,712,710 $1,712,710 $5,658,000 $4,113,000 $4,113,000 $1,545,000 $1,545,000 $7,370,710

$1,712,710 $1,712,710 $5,658,000 $4,113,000 $4,113,000 $1,545,000 $1,545,000 $7,370,710

4740

JOURNAL OF THE HOUSE

Student Education Enrichment Program

Continuation Budget

The purpose of this appropriation is to provide underrepresented Georgia residents the opportunity to acquire educational

experiences.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$308,315 $308,315 $308,315

$308,315 $308,315 $308,315

$308,315 $308,315 $308,315

$308,315 $308,315 $308,315

319.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$3,056

$3,056

$3,056

$3,056

319.2 Increase funds for a 3% funding level for merit-based increases for Regents faculty and Regents non-academic personnel effective January 1, 2008.

State General Funds

$1,660

$1,660

$1,660

$1,660

319.3 Increase funds to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

State General Funds

$1,706

$1,706

$1,706

$1,706

319.0Student Education Enrichment Program

Appropriation (HB 95)

The purpose of this appropriation is to provide underrepresented Georgia residents the opportunity to acquire educational experiences.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$314,737 $314,737 $314,737

$314,737 $314,737 $314,737

$314,737 $314,737 $314,737

$314,737 $314,737 $314,737

Teaching

Continuation Budget

The purpose of this appropriation 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 State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized

$1,657,191,538 $1,657,191,538 $2,690,223,836 $1,500,277,522 $1,500,277,522
$26,000,000 $26,000,000

$1,657,191,538 $1,657,191,538 $2,690,223,836 $1,500,277,522 $1,500,277,522
$26,000,000 $26,000,000

$1,657,191,538 $1,657,191,538 $2,690,223,836 $1,500,277,522 $1,500,277,522
$26,000,000 $26,000,000

$1,657,191,538 $1,657,191,538 $2,690,223,836 $1,500,277,522 $1,500,277,522
$26,000,000 $26,000,000

FRIDAY, APRIL 20, 2007

4741

Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,163,946,314 $1,163,946,314 $1,163,946,314 $1,163,946,314 $1,163,946,314 $1,163,946,314 $1,163,946,314 $1,163,946,314 $4,347,415,374 $4,347,415,374 $4,347,415,374 $4,347,415,374

320.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$27,456,056 $27,456,056 $27,456,056 $27,456,056

320.2 Increase funds for a 3% funding level for merit-based increases for Regents faculty and Regents non-academic personnel effective January 1, 2008.

State General Funds

$21,234,057 $21,234,057 $21,234,057 $21,234,057

320.3 Increase funds for enrollment based on a 1.8% increase in semester credit hours and operating expenses related to additional square footage. (H and CC:Reduce new funding for utilities to $10 million)

State General Funds

$80,077,807 $75,587,284 $75,587,284 $75,587,284

320.4 Utilize existing funds to address retention of nursing faculty by adjusting salaries for clinical nursing staff to minimize the differential between faculty salary and the market. (G:YES)(H:YES)(S and CC:Approval not required by the General Assembly)

State General Funds

$0

$0

$0

$0

320.5 Increase funds for Major Repairs and Renovations (MRR) to reflect a four year phase-in to fund MRR in cash rather than bonds.

State General Funds

$17,500,000 $17,500,000 $17,500,000 $17,500,000

320.6 Transfer funds for HB400 (2006 Session) from the Teachers' Retirement System (TRS) to properly reflect the employer rate increase for TRS members from 9.24% to 9.28%.

State General Funds

$321,950

$321,950

$321,950

$321,950

320.7 Transfer funds from DTAE to merge Georgia Aviation Technical College and Middle Georgia College within the University System.

State General Funds

$3,691,765

$3,691,765

$3,691,765

$3,691,765

320.8 Reduce funds for the DOAS indirect cost.

Rebates, Refunds, and Reimbursements Not Itemized

($3,039,500) ($3,039,500) ($3,039,500) ($3,039,500)

320.9 Increase funds to reflect an adjustment in Workers' Compensation premiums.

State General Funds

$8,769,436

$8,769,436

$8,769,436

$8,769,436

4742

JOURNAL OF THE HOUSE

320.10 Increase funds for a study of townships and the feasibility of creating new counties. (CC:Increase funds for a study evaluating the establishment of previously merged counties and townships in Georgia through Georgia State University and the Carl Vincent Institute of Government)

State General Funds

$500,000

$0

$400,000

320.11 Increase funds for needed infrastructure to accommodate the growth and expansion at the UGA Griffin Campus.

State General Funds

$1,300,000

$1,300,000

$1,300,000

320.12 Increase funds for the Fort Valley Cooperative Energy Program.

State General Funds

$100,000

$0

$100,000

320.13 Increase funds for Outdoor Education at Middle Georgia College.

State General Funds

$750,000

$0

$375,000

320.14 Increase funds for the planning and design of the Charlie Norwood Dental School at MCG in Augusta.

State General Funds

$5,000,000

$0

$5,000,000

320.15 Increase funds for the Darton College Cordele Campus to help defray costs associated with needed roof repairs, office supplies, and furniture.

State General Funds

$75,000

$0

$75,000

320.16 Increase funds for a Physical Education addition at Kennesaw State University.

State General Funds

$150,000

$0

$100,000

320.17 Increase one-time funds to match private funding for equipment needed to further the partnership between the UGA Veterinary School and the Georgia Aquarium.

State General Funds

$2,500,000

$0

$1,000,000

320.18 Increase funds for Valdosta State University for administrative costs associated with the creation of a charter school.

State General Funds

$125,000

$125,000

320.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize state funds ($1,615,050) and agency funds ($3,122,458) for the Health Insurance Plan shortfall. (G:YES)(H:YES)

State General Funds Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS

$0

$0 ($1,615,050)

$0

$0

$0

$0

$0

$0

$0 ($1,615,050)

$0

320.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize state funds ($1,275,724) and agency funds ($1,108,842) for the Health Insurance Plan shortfall. (G:YES)(H:YES)

FRIDAY, APRIL 20, 2007

4743

State General Funds Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS

$0

$0 ($1,275,724)

$0

$0

$0

$0

$0

$0

$0 ($1,275,724)

$0

320.0 Teaching

Appropriation (HB 95)

The purpose of this appropriation 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 State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,816,242,609 $1,816,242,609 $2,687,184,336 $1,500,277,522 $1,500,277,522
$22,960,500 $22,960,500 $1,163,946,314 $1,163,946,314 $4,503,426,945

$1,822,127,086 $1,822,127,086 $2,687,184,336 $1,500,277,522 $1,500,277,522
$22,960,500 $22,960,500 $1,163,946,314 $1,163,946,314 $4,509,311,422

$1,810,286,312 $1,810,286,312 $2,687,184,336 $1,500,277,522 $1,500,277,522
$22,960,500 $22,960,500 $1,163,946,314 $1,163,946,314 $4,497,470,648

$1,820,227,086 $1,820,227,086 $2,687,184,336 $1,500,277,522 $1,500,277,522
$22,960,500 $22,960,500 $1,163,946,314 $1,163,946,314 $4,507,411,422

Veterinary Medicine Experiment Station

Continuation Budget

The purpose of this appropriation 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 State General Funds
TOTAL PUBLIC FUNDS

$3,249,577 $3,249,577 $3,249,577

$3,249,577 $3,249,577 $3,249,577

$3,249,577 $3,249,577 $3,249,577

$3,249,577 $3,249,577 $3,249,577

321.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$54,540

$54,540

$54,540

$54,540

321.2 Increase funds for a 3% funding level for merit-based increases for Regents faculty and Regents non-academic personnel effective January 1, 2008.

State General Funds

$38,569

$38,569

$38,569

$38,569

321.3 Increase funds to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

State General Funds

$41,568

$41,568

$41,568

$41,568

4744

JOURNAL OF THE HOUSE

321.0Veterinary Medicine Experiment Station

Appropriation (HB 95)

The purpose of this appropriation 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 State General Funds
TOTAL PUBLIC FUNDS

$3,384,254 $3,384,254 $3,384,254

$3,384,254 $3,384,254 $3,384,254

$3,384,254 $3,384,254 $3,384,254

$3,384,254 $3,384,254 $3,384,254

Veterinary Medicine Teaching Hospital

Continuation Budget

The purpose of this appropriation 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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$489,727 $489,727 $6,700,000 $6,700,000 $6,700,000 $7,189,727

$489,727 $489,727 $6,700,000 $6,700,000 $6,700,000 $7,189,727

$489,727 $489,727 $6,700,000 $6,700,000 $6,700,000 $7,189,727

$489,727 $489,727 $6,700,000 $6,700,000 $6,700,000 $7,189,727

322.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$5,272

$5,272

$5,272

$5,272

322.2 Increase funds for a 3% funding level for merit-based increases for Regents faculty and Regents non-academic personnel effective January 1, 2008.

State General Funds

$4,176

$4,176

$4,176

$4,176

322.3 Increase funds to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

State General Funds

$3,410

$3,410

$3,410

$3,410

322.0Veterinary Medicine Teaching Hospital

Appropriation (HB 95)

The purpose of this appropriation 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 State General Funds
TOTAL AGENCY FUNDS

$502,585 $502,585 $6,700,000

$502,585 $502,585 $6,700,000

$502,585 $502,585 $6,700,000

$502,585 $502,585 $6,700,000

FRIDAY, APRIL 20, 2007

4745

Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$6,700,000 $6,700,000 $7,202,585

$6,700,000 $6,700,000 $7,202,585

$6,700,000 $6,700,000 $7,202,585

Payments to Georgia Military College

Continuation Budget

The purpose of this appropriation is to provide quality basic education funding for grades six through 12.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,660,060 $2,660,060 $2,660,060

$2,660,060 $2,660,060 $2,660,060

$2,660,060 $2,660,060 $2,660,060

$6,700,000 $6,700,000 $7,202,585
$2,660,060 $2,660,060 $2,660,060

323.1 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$97,152

$97,152

$97,152

$97,152

323.2 Increase funds for health insurance for non-certificated personnel to reflect an adjustment in the State Health Benefit Plan per member/per month rates.

State General Funds

$117,113

$117,113

$117,113

$117,113

323.3 Increase funds to reflect an adjustment in Workers' Compensation premiums.

State General Funds

$95,658

$95,658

$95,658

$95,658

323.4 Increase Quality Basic Education (QBE) funds for the preparatory school students at Georgia Military College.

State General Funds

$92,169

$92,169

$92,169

$92,169

323.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($10,266) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($10,266)

$0

323.0Payments to Georgia Military College

Appropriation (HB 95)

The purpose of this appropriation is to provide quality basic education funding for grades six through 12.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,062,152 $3,062,152 $3,062,152

$3,062,152 $3,062,152 $3,062,152

$3,051,886 $3,051,886 $3,051,886

$3,062,152 $3,062,152 $3,062,152

Payments to Public Telecommunications Commission, Georgia

Continuation Budget

4746

JOURNAL OF THE HOUSE

The purpose of this appropriation 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 State General Funds
TOTAL PUBLIC FUNDS

$17,023,143 $17,023,143 $17,023,143

$17,023,143 $17,023,143 $17,023,143

$17,023,143 $17,023,143 $17,023,143

$17,023,143 $17,023,143 $17,023,143

324.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$75,104

$75,104

$75,104

$75,104

324.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$103,064

$103,064

$103,064

$103,064

324.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$354,190

$354,190

$354,190

$354,190

324.4 Increase funds for five positions to monitor the digital and analog signals continuously.

State General Funds

$370,676

$370,676

$370,676

$370,676

324.5 Increase funds for utilities to maintain both digital and analog concurrently until FY10.

State General Funds

$116,400

$116,400

$116,400

$116,400

324.6 Increase the Georgia Building Authority (GBA) real estate rental rate for office space.

State General Funds

$3,299

$3,299

$3,299

$3,299

324.7 Increase funds to reflect an adjustment in Workers' Compensation premiums.

State General Funds

$30,233

$30,233

$30,233

$30,233

324.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($4,155) for the expansion of television and radio broadcasts on Georgia economic development. (G:YES)(H:YES)

State General Funds

$0

$0

($4,155)

($4,155)

324.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($2,340) for the expansion of television and radio broadcasts on Georgia economic development. (G:YES)(H:YES)

State General Funds

$0

$0

($2,340)

($2,340)

324.0Payments to Public Telecommunications Commission, Georgia

Appropriation (HB 95)

FRIDAY, APRIL 20, 2007

4747

The purpose of this appropriation 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 State General Funds
TOTAL PUBLIC FUNDS

$18,076,109 $18,076,109 $18,076,109

$18,076,109 $18,076,109 $18,076,109

$18,069,614 $18,069,614 $18,069,614

$18,069,614 $18,069,614 $18,069,614

Georgia Eminent Scholars Endowment Trust Fund

Continuation Budget

The purpose of this appropriation is provide challenge grants to raise funds to be used by units of the University System of 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 State General Funds

$0

$0

$0

$0

$0

$0

400.1 Increase funds for Eminent Scholars at Georgia Southern University and Kennesaw State University. (H:Recognize in the

Teaching program)(CC:Fund Georgia Southern University) [One-Time Change]

State General Funds

$1,000,000

$500,000

400.0Georgia Eminent Scholars Endowment Trust Fund

Appropriation (HB 95)

The purpose of this appropriation is provide challenge grants to raise funds to be used by units of the University System of 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 State General Funds
TOTAL PUBLIC FUNDS

$1,000,000 $1,000,000 $1,000,000

$500,000 $500,000 $500,000

Section 40: Revenue, Department of

Section Total - Continuation

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL AGENCY FUNDS Reserved Fund Balances

$548,811,784 $548,661,784
$150,000 $7,005,348
$426,769

$548,811,784 $548,661,784
$150,000 $7,005,348
$426,769

$548,811,784 $548,661,784
$150,000 $7,005,348
$426,769

$548,811,784 $548,661,784
$150,000 $7,005,348
$426,769

4748

JOURNAL OF THE HOUSE

Sales and Services TOTAL PUBLIC FUNDS

$6,578,579

$6,578,579

$6,578,579

$6,578,579

$555,817,132 $555,817,132 $555,817,132 $555,817,132

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL AGENCY FUNDS Reserved Fund Balances Sales and Services
TOTAL PUBLIC FUNDS

$557,857,284 $557,707,284
$150,000 $7,005,348
$426,769 $6,578,579 $564,862,632

Section Total - Final

$552,857,284 $552,707,284
$150,000 $7,005,348
$426,769 $6,578,579 $559,862,632

$554,708,038 $554,558,038
$150,000 $7,005,348
$426,769 $6,578,579 $561,713,386

$554,241,659 $554,091,659
$150,000 $7,005,348
$426,769 $6,578,579 $561,247,007

Customer Service

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$10,709,219 $10,709,219 $2,110,135 $2,110,135 $2,110,135 $12,819,354

$10,709,219 $10,709,219 $2,110,135 $2,110,135 $2,110,135 $12,819,354

$10,709,219 $10,709,219 $2,110,135 $2,110,135 $2,110,135 $12,819,354

$10,709,219 $10,709,219 $2,110,135 $2,110,135 $2,110,135 $12,819,354

325.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$82,894

$82,894

$82,894

$82,894

325.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$114,097

$114,097

$114,097

$114,097

325.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$333,388

$333,388

$333,388

$333,388

325.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$49,618

$49,618

$49,618

$49,618

FRIDAY, APRIL 20, 2007

4749

325.98 Transfer all funds and activities from the State Board of Equalization program. (G:YES)(H:YES)(S:NO)(CC:NO)

State General Funds

$0

$0

$0

$0

325.0Customer Service

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$11,289,216 $11,289,216 $2,110,135 $2,110,135 $2,110,135 $13,399,351

$11,289,216 $11,289,216 $2,110,135 $2,110,135 $2,110,135 $13,399,351

$11,289,216 $11,289,216 $2,110,135 $2,110,135 $2,110,135 $13,399,351

$11,289,216 $11,289,216 $2,110,135 $2,110,135 $2,110,135 $13,399,351

Departmental Administration

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$4,053,813 $4,053,813 $4,053,813

$4,053,813 $4,053,813 $4,053,813

$4,053,813 $4,053,813 $4,053,813

$4,053,813 $4,053,813 $4,053,813

326.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$18,137

$18,137

$18,137

$18,137

326.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$40,087

$40,087

$40,087

$40,087

326.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$117,134

$117,134

$117,134

$117,134

326.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$10,858

$10,858

$10,858

$10,858

326.5 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations.

4750

JOURNAL OF THE HOUSE

State General Funds

($1,335)

($1,335)

($1,335)

($1,335)

326.6 Reduce funds to reflect anticipated savings to be realized as the result of twenty additional attorneys for the Department of Law.

State General Funds

($166,379)

326.96 Realize CNG savings through the E-Procurement initiative to utilize funds ($1,335) for Georgia Technology Authority (GTA) costs as a result of the Integrated Tax System. (G:YES)(H:YES)

State General Funds

$0

$0

($1,335)

($1,335)

326.0Departmental Administration

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$4,238,694 $4,238,694 $4,238,694

$4,238,694 $4,238,694 $4,238,694

$4,237,359 $4,237,359 $4,237,359

$4,070,980 $4,070,980 $4,070,980

Homeowner Tax Relief Grants

Continuation Budget

The purpose of this appropriation is 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 $8,000 for the taxable year beginning January 1, 2007.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$432,290,501 $432,290,501 $432,290,501

$432,290,501 $432,290,501 $432,290,501

$432,290,501 $432,290,501 $432,290,501

$432,290,501 $432,290,501 $432,290,501

327.1 Reduce funds from the Homeowner Tax Relief Grant (HTRG).

State General Funds

($4,000,000) ($4,000,000) ($4,000,000)

327.99 CC: The purpose of this appropriation is 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 $8,000 for the taxable year beginning January 1, 2007 and is separate and distinct from the homestead exemption of $2,000 in O.C.G.A. 48-5-44. Senate: The purpose of this appropriation is 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 $8,000 for the taxable year beginning January 1, 2007 and is separate and distinct from the homestead exemption of $2,000 in O.C.G.A. 48-5-44.

State General Funds

$0

$0

FRIDAY, APRIL 20, 2007

4751

327.0Homeowner Tax Relief Grants

Appropriation (HB 95)

The purpose of this appropriation is 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 $8,000 for the taxable year beginning January 1, 2007 and is separate and distinct from the homestead exemption of $2,000 in O.C.G.A 48-5-44.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$432,290,501 $432,290,501 $432,290,501

$428,290,501 $428,290,501 $428,290,501

$428,290,501 $428,290,501 $428,290,501

$428,290,501 $428,290,501 $428,290,501

Industry Regulation

Continuation Budget

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 State General Funds Tobacco Settlement Funds
TOTAL PUBLIC FUNDS

$4,646,971 $4,496,971
$150,000 $4,646,971

$4,646,971 $4,496,971
$150,000 $4,646,971

$4,646,971 $4,496,971
$150,000 $4,646,971

$4,646,971 $4,496,971
$150,000 $4,646,971

328.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$28,283

$28,283

$28,283

$28,283

328.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$45,742

$45,742

$45,742

$45,742

328.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$133,657

$133,657

$133,657

$133,657

328.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$16,930

$16,930

$16,930

$16,930

328.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$7,585

$7,585

$7,585

$7,585

328.0Industry Regulation

Appropriation (HB 95)

4752

JOURNAL OF THE HOUSE

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 State General Funds Tobacco Settlement Funds
TOTAL PUBLIC FUNDS

$4,879,168 $4,729,168
$150,000 $4,879,168

$4,879,168 $4,729,168
$150,000 $4,879,168

$4,879,168 $4,729,168
$150,000 $4,879,168

$4,879,168 $4,729,168
$150,000 $4,879,168

Local Tax Officials Retirement and FICA

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,785,079 $3,785,079 $3,785,079

$3,785,079 $3,785,079 $3,785,079

$3,785,079 $3,785,079 $3,785,079

$3,785,079 $3,785,079 $3,785,079

329.1 Increase funds to pay the employer portion of retirement benefits for local tax officials. [One-Time Change]

State General Funds

$1,364,084

329.0Local Tax Officials Retirement and FICA

Appropriation (HB 95)

$1,364,084

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,785,079 $3,785,079 $3,785,079

$3,785,079 $3,785,079 $3,785,079

$5,149,163 $5,149,163 $5,149,163

$5,149,163 $5,149,163 $5,149,163

Revenue Processing

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized
TOTAL PUBLIC FUNDS

$40,595,061 $40,595,061
$426,769 $426,769 $426,769 $41,021,830

$40,595,061 $40,595,061
$426,769 $426,769 $426,769 $41,021,830

$40,595,061 $40,595,061
$426,769 $426,769 $426,769 $41,021,830

$40,595,061 $40,595,061
$426,769 $426,769 $426,769 $41,021,830

330.1 Annualize the cost of the FY07 salary adjustment.

FRIDAY, APRIL 20, 2007

4753

State General Funds

$201,825

$201,825

$201,825

$201,825

330.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$284,844

$284,844

$284,844

$284,844

330.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$832,311

$832,311

$832,311

$832,311

330.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$120,811

$120,811

$120,811

$120,811

330.5 Increase funds for a Georgia Building Authority (GBA) rate change. (S:NO to GBA rate increase for utilities)

State General Funds

$36,755

$36,755

$0

$0

330.6 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations.

State General Funds

($198,447)

($198,447)

($198,447)

($198,447)

330.96 Realize CNG savings through the E-Procurement initiative to utilize funds ($198,445) for Georgia Technology Authority (GTA) costs as a result of the Integrated Tax System. (G:YES)(H:YES)

State General Funds

$0

$0

($198,445)

($198,445)

330.98 Change program name to Documents Processing and Deposits. (G:YES)(H:YES)(S and CC:NO)

Sales and Services Not Itemized

$0

$0

$0

$0

330.0Revenue Processing

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized
TOTAL PUBLIC FUNDS

$41,873,160 $41,873,160
$426,769 $426,769 $426,769 $42,299,929

$41,873,160 $41,873,160
$426,769 $426,769 $426,769 $42,299,929

$41,637,960 $41,637,960
$426,769 $426,769 $426,769 $42,064,729

$41,637,960 $41,637,960
$426,769 $426,769 $426,769 $42,064,729

Salvage Inspection

Continuation Budget

4754

JOURNAL OF THE HOUSE

The purpose of this appropriation is to inspect rebuilt salvage vehicles.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,581,159 $1,581,159 $1,581,159

$1,581,159 $1,581,159 $1,581,159

$1,581,159 $1,581,159 $1,581,159

$1,581,159 $1,581,159 $1,581,159

331.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$11,557

$11,557

$11,557

$11,557

331.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$17,313

$17,313

$17,313

$17,313

331.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$50,588

$50,588

$50,588

$50,588

331.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$6,919

$6,919

$6,919

$6,919

331.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$3,832

$3,832

$3,832

$3,832

331.0Salvage Inspection
The purpose of this appropriation is to inspect rebuilt salvage vehicles. TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

Appropriation (HB 95)

$1,671,368 $1,671,368 $1,671,368

$1,671,368 $1,671,368 $1,671,368

$1,671,368 $1,671,368 $1,671,368

$1,671,368 $1,671,368 $1,671,368

State Board of Equalization

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$5,000 $5,000 $5,000

$5,000 $5,000 $5,000

$5,000 $5,000 $5,000

$5,000 $5,000 $5,000

FRIDAY, APRIL 20, 2007

4755

332.1 Transfer all funds and activities to the Customer Service program. (G:YES)(H:YES)(S:NO)(CC:NO)

State General Funds

$0

$0

$0

$0

332.0State Board of Equalization

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$5,000 $5,000 $5,000

$5,000 $5,000 $5,000

$5,000 $5,000 $5,000

$5,000 $5,000 $5,000

Tag and Title Registration The purpose of this appropriation 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

Continuation Budget

$22,541,777 $22,541,777
$652,681 $652,681 $652,681 $23,194,458

$22,541,777 $22,541,777
$652,681 $652,681 $652,681 $23,194,458

$22,541,777 $22,541,777
$652,681 $652,681 $652,681 $23,194,458

$22,541,777 $22,541,777
$652,681 $652,681 $652,681 $23,194,458

333.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$102,364

$102,364

$102,364

$102,364

333.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$133,376

$133,376

$133,376

$133,376

333.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$389,723

$389,723

$389,723

$389,723

333.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$61,273

$61,273

$61,273

$61,273

333.5 Increase funds for a Georgia Building Authority (GBA) rate change. (S:NO to GBA rate increase for utilities)

4756

JOURNAL OF THE HOUSE

State General Funds

$19,861

$19,861

$17,880

$17,880

333.6 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to reduce funds from operations.

State General Funds

($30,409)

($30,409)

($30,409)

($30,409)

333.96 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($30,410) for Georgia Technology Authority (GTA) costs as a result of the Integrated Tax System. (G:YES)(H:YES)

State General Funds

$0

$0

($30,410)

($30,410)

333.0Tag and Title Registration
The purpose of this appropriation 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

$23,217,965 $23,217,965
$652,681 $652,681 $652,681 $23,870,646

Appropriation (HB 95)

$23,217,965 $23,217,965
$652,681 $652,681 $652,681 $23,870,646

$23,185,574 $23,185,574
$652,681 $652,681 $652,681 $23,838,255

$23,185,574 $23,185,574
$652,681 $652,681 $652,681 $23,838,255

Tax Compliance

Continuation Budget

The purpose of this appropriation is to ensure that all taxpayers pay the correct amount of taxes owed under the law.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$28,603,204 $28,603,204 $3,815,763 $3,815,763 $3,815,763 $32,418,967

$28,603,204 $28,603,204 $3,815,763 $3,815,763 $3,815,763 $32,418,967

$28,603,204 $28,603,204 $3,815,763 $3,815,763 $3,815,763 $32,418,967

$28,603,204 $28,603,204 $3,815,763 $3,815,763 $3,815,763 $32,418,967

334.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$218,065

$218,065

$218,065

$218,065

334.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$343,158

$343,158

$343,158

$343,158

FRIDAY, APRIL 20, 2007

4757

334.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$974,980

$974,980

$974,980

$974,980

334.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$130,530

$130,530

$130,530

$130,530

334.5 Increase funds to add twelve compliance auditors.

State General Funds

$737,196

$737,196

$737,196

$737,196

334.6 Increase funds for the implementation of a data warehouse to allow for the identification of underreporting and non-reporting taxpayers.

State General Funds

$3,600,000

$2,600,000

$3,600,000

$3,300,000

334.95 Realize non-Georgia Building Authority lease savings through the renegotiation of rates to utilize funds ($244,404) for twelve compliance auditors. (G:YES)(H:YES)

State General Funds

$0

$0

($244,404)

($244,404)

334.0Tax Compliance

Appropriation (HB 95)

The purpose of this appropriation is to ensure that all taxpayers pay the correct amount of taxes owed under the law.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$34,607,133 $34,607,133 $3,815,763 $3,815,763 $3,815,763 $38,422,896

$33,607,133 $33,607,133 $3,815,763 $3,815,763 $3,815,763 $37,422,896

$34,362,729 $34,362,729 $3,815,763 $3,815,763 $3,815,763 $38,178,492

$34,062,729 $34,062,729 $3,815,763 $3,815,763 $3,815,763 $37,878,492

Section 41: Secretary of State

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements

$37,264,162 $37,264,162 $1,498,265
$50,000

$37,264,162 $37,264,162 $1,498,265
$50,000

$37,264,162 $37,264,162 $1,498,265
$50,000

$37,264,162 $37,264,162 $1,498,265
$50,000

4758

JOURNAL OF THE HOUSE

Sales and Services TOTAL PUBLIC FUNDS

$1,448,265 $38,762,427

$1,448,265 $38,762,427

$1,448,265 $38,762,427

$1,448,265 $38,762,427

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Sales and Services
TOTAL PUBLIC FUNDS

$38,724,181 $38,724,181 $1,500,283
$50,000 $1,450,283 $40,224,464

Section Total - Final

$39,646,110 $39,646,110 $1,500,283
$50,000 $1,450,283 $41,146,393

$39,524,651 $39,524,651 $1,500,283
$50,000 $1,450,283 $41,024,934

$39,639,484 $39,639,484 $1,500,283
$50,000 $1,450,283 $41,139,767

Archives and Records

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Record Center Storage Fees Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$5,972,322 $5,972,322
$508,753 $508,753 $433,753
$75,000 $6,481,075

$5,972,322 $5,972,322
$508,753 $508,753 $433,753
$75,000 $6,481,075

$5,972,322 $5,972,322
$508,753 $508,753 $433,753
$75,000 $6,481,075

$5,972,322 $5,972,322
$508,753 $508,753 $433,753
$75,000 $6,481,075

335.1 Annualize the cost of the FY07 salary adjustment.

State General Funds Record Center Storage Fees TOTAL PUBLIC FUNDS

$23,775 $2,018 $25,793

$23,775 $2,018 $25,793

$23,775 $2,018 $25,793

$23,775 $2,018 $25,793

335.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$47,231

$47,231

$47,231

$47,231

335.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$122,422

$122,422

$122,422

$122,422

335.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

FRIDAY, APRIL 20, 2007

4759

State General Funds

$18,382

$18,382

$18,382

$18,382

335.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$8,718

$8,718

$8,718

$8,718

335.6 Increase funds for non-Georgia Building Authority real estate rental rate escalation.

State General Funds

$13,047

$13,047

$13,047

$13,047

335.7 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations.

State General Funds

($107)

($107)

($107)

($107)

335.8 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to reduce funds from operations.

State General Funds

($1,752)

($1,752)

($1,752)

($1,752)

335.0Archives and Records

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Record Center Storage Fees Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$6,204,038 $6,204,038
$510,771 $510,771 $435,771
$75,000 $6,714,809

$6,204,038 $6,204,038
$510,771 $510,771 $435,771
$75,000 $6,714,809

$6,204,038 $6,204,038
$510,771 $510,771 $435,771
$75,000 $6,714,809

$6,204,038 $6,204,038
$510,771 $510,771 $435,771
$75,000 $6,714,809

Capitol Tours

Continuation Budget

The purpose of this appropriation is to provide guided informational tours of the State Capitol.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$155,777 $155,777 $155,777

$155,777 $155,777 $155,777

$155,777 $155,777 $155,777

$155,777 $155,777 $155,777

336.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$1,189

$1,189

$1,189

336.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

$1,189

4760

JOURNAL OF THE HOUSE

State General Funds

$2,197

$2,197

$2,197

$2,197

336.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$5,696

$5,696

$5,696

$5,696

336.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$855

$855

$855

$855

336.5 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to reduce funds from operations.

State General Funds

($141)

($141)

($141)

($141)

336.0Capitol Tours

Appropriation (HB 95)

The purpose of this appropriation is to provide guided informational tours of the State Capitol.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$165,573 $165,573 $165,573

$165,573 $165,573 $165,573

$165,573 $165,573 $165,573

$165,573 $165,573 $165,573

Corporations

Continuation Budget

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.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,197,789 $1,197,789
$739,512 $739,512 $739,512 $1,937,301

$1,197,789 $1,197,789
$739,512 $739,512 $739,512 $1,937,301

$1,197,789 $1,197,789
$739,512 $739,512 $739,512 $1,937,301

$1,197,789 $1,197,789
$739,512 $739,512 $739,512 $1,937,301

337.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$13,736

$13,736

$13,736

$13,736

337.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$23,626

$23,626

$23,626

$23,626

337.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

FRIDAY, APRIL 20, 2007

4761

State General Funds

$61,238

$61,238

$61,238

$61,238

337.4 Increase funds to reflect an adjustment in Workers' Compensation premiums.

State General Funds

$9,195

$9,195

$9,195

$9,195

337.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$6,155

$6,155

$6,155

$6,155

337.6 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to increase funds for the enhancement and maintenance of the proprietary computer system.

State General Funds

$14,382

$14,382

$0

$0

337.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($5,822) for the enhancement and maintenance of the proprietary computer system. (G:YES)(H:YES)

State General Funds

$0

$0

($5,822)

($5,822)

337.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($777) for the enhancement and maintenance of the proprietary computer system. (G:YES)(H:YES)

State General Funds

$0

$0

($777)

($777)

337.0 Corporations

Appropriation (HB 95)

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.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,326,121 $1,326,121
$739,512 $739,512 $739,512 $2,065,633

$1,326,121 $1,326,121
$739,512 $739,512 $739,512 $2,065,633

$1,305,140 $1,305,140
$739,512 $739,512 $739,512 $2,044,652

$1,305,140 $1,305,140
$739,512 $739,512 $739,512 $2,044,652

Elections

Continuation Budget

The purpose of this appropriation is 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 STATE FUNDS State General Funds

$5,159,663 $5,159,663

$5,159,663 $5,159,663

$5,159,663 $5,159,663

$5,159,663 $5,159,663

4762

JOURNAL OF THE HOUSE

TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$20,000 $20,000 $20,000 $5,179,663

$20,000 $20,000 $20,000 $5,179,663

$20,000 $20,000 $20,000 $5,179,663

$20,000 $20,000 $20,000 $5,179,663

338.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$16,668

$16,668

$16,668

$16,668

338.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$27,087

$27,087

$27,087

$27,087

338.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$70,209

$70,209

$70,209

$70,209

338.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$10,542

$10,542

$10,542

$10,542

338.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$3,358

$3,358

$3,358

$3,358

338.6 Reduce one-time funds associated with SB500 (2006 Session) "Georgia Accuracy in Elections Act".

State General Funds

($50,000)

($50,000)

($50,000)

($50,000)

338.7 Increase funds for an independent audit of Georgia's elections procedures, guidelines and security measures. [One-Time Change]

State General Funds

$100,000

$100,000

$100,000

$100,000

338.8 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations.

State General Funds

($9,244)

($9,244)

($9,244)

($9,244)

338.9 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to reduce funds from operations.

State General Funds

($14,354)

($14,354)

($14,354)

($14,354)

338.96 Realize CNG savings through the E-Procurement initiative to utilize funds ($15,000) to replace computers. (G:YES)(H:YES)

State General Funds

$0

$0

($15,000)

($15,000)

338.0 Elections

Appropriation (HB 95)

FRIDAY, APRIL 20, 2007

4763

The purpose of this appropriation is 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 STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$5,313,929 $5,313,929
$20,000 $20,000 $20,000 $5,333,929

$5,313,929 $5,313,929
$20,000 $20,000 $20,000 $5,333,929

$5,298,929 $5,298,929
$20,000 $20,000 $20,000 $5,318,929

$5,298,929 $5,298,929
$20,000 $20,000 $20,000 $5,318,929

Office Administration

Continuation Budget

The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$4,882,454 $4,882,454
$30,000 $30,000 $30,000 $4,912,454

$4,882,454 $4,882,454
$30,000 $30,000 $30,000 $4,912,454

$4,882,454 $4,882,454
$30,000 $30,000 $30,000 $4,912,454

$4,882,454 $4,882,454
$30,000 $30,000 $30,000 $4,912,454

339.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$40,929

$40,929

$40,929

$40,929

339.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$70,639

$70,639

$70,639

$70,639

339.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$183,097

$183,097

$183,097

$183,097

339.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$27,492

$27,492

$27,492

$27,492

339.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$4,243

$4,243

$4,243

$4,243

339.6 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations.

4764

JOURNAL OF THE HOUSE

State General Funds

($22,817)

($22,817)

($22,817)

($22,817)

339.7 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to reduce funds from operations.

State General Funds

($1,819)

($1,819)

($1,819)

($1,819)

339.8 Increase funds for the Silver Haired Legislature. [One-Time Change]

State General Funds

$50,000

$25,000

$50,000

339.9 Increase funds for educational activities related to Voter ID requirements. [One-Time Change]

State General Funds

$500,000

339.10 Reduce funds to reflect anticipated savings to be realized as the result of twenty additional attorneys for the Department of Law.

State General Funds

($431,103)

339.0Office Administration

Appropriation (HB 95)

The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$5,184,218 $5,184,218
$30,000 $30,000 $30,000 $5,214,218

$5,234,218 $5,234,218
$30,000 $30,000 $30,000 $5,264,218

$5,209,218 $5,209,218
$30,000 $30,000 $30,000 $5,239,218

$5,303,115 $5,303,115
$30,000 $30,000 $30,000 $5,333,115

Professional Licensing Boards

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$11,354,435 $11,354,435
$150,000 $150,000 $150,000 $11,504,435

$11,354,435 $11,354,435
$150,000 $150,000 $150,000 $11,504,435

$11,354,435 $11,354,435
$150,000 $150,000 $150,000 $11,504,435

$11,354,435 $11,354,435
$150,000 $150,000 $150,000 $11,504,435

340.1 Annualize the cost of the FY07 salary adjustment.

FRIDAY, APRIL 20, 2007

4765

State General Funds

$66,017

$66,017

$66,017

$66,017

340.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$138,816

$138,816

$138,816

$138,816

340.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$359,809

$359,809

$359,809

$359,809

340.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$54,026

$54,026

$54,026

$54,026

340.5 Increase funds for real estate non-Georgia Building Authority (GBA) rental rate escalation.

State General Funds

$13,047

$13,047

$13,047

$13,047

340.6 Reduce funds from one-time purchases.

State General Funds

($90,000)

($90,000)

($90,000)

($90,000)

340.7 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to reduce funds from operations.

State General Funds

($11,667)

($11,667)

($11,667)

($11,667)

340.8 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to reduce funds from operations.

State General Funds

($12,405)

($12,405)

($12,405)

($12,405)

340.9 Increase funds for an independent audit of the Professional Licensing Boards to improve customer service. [One-Time Change]

State General Funds

$100,000

$100,000

$100,000

$100,000

340.0Professional Licensing Boards

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$11,972,078 $11,972,078
$150,000 $150,000 $150,000 $12,122,078

$11,972,078 $11,972,078
$150,000 $150,000 $150,000 $12,122,078

$11,972,078 $11,972,078
$150,000 $150,000 $150,000 $12,122,078

$11,972,078 $11,972,078
$150,000 $150,000 $150,000 $12,122,078

Securities

Continuation Budget

4766

JOURNAL OF THE HOUSE

The purpose of this appropriation is 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 STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL PUBLIC FUNDS

$2,040,428 $2,040,428
$50,000 $50,000 $50,000 $2,090,428

$2,040,428 $2,040,428
$50,000 $50,000 $50,000 $2,090,428

$2,040,428 $2,040,428
$50,000 $50,000 $50,000 $2,090,428

$2,040,428 $2,040,428
$50,000 $50,000 $50,000 $2,090,428

341.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$18,911

$18,911

$18,911

$18,911

341.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$32,251

$32,251

$32,251

$32,251

341.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$83,594

$83,594

$83,594

$83,594

341.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$12,551

$12,551

$12,551

$12,551

341.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$4,838

$4,838

$4,838

$4,838

341.6 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to increase funds for maintenance costs and software licenses for L2K, Web Lookup, and My License.

State General Funds

$23,942

$23,942

$0

$0

341.96 Realize CNG savings through the E-Procurement initiative to utilize funds ($504) for maintenance costs and software licenses for L2K, Web Lookup, and My License. (G:YES)(H:YES)

State General Funds

$0

$0

($504)

($504)

341.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($554) for maintenance costs and software licenses for L2K, Web Lookup, and My License. (G:YES)(H:YES)

State General Funds

$0

$0

($554)

($554)

FRIDAY, APRIL 20, 2007

4767

341.0 Securities

Appropriation (HB 95)

The purpose of this appropriation is 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 STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL PUBLIC FUNDS

$2,216,515 $2,216,515
$50,000 $50,000 $50,000 $2,266,515

$2,216,515 $2,216,515
$50,000 $50,000 $50,000 $2,266,515

$2,191,515 $2,191,515
$50,000 $50,000 $50,000 $2,241,515

$2,191,515 $2,191,515
$50,000 $50,000 $50,000 $2,241,515

Drugs and Narcotics Agency, Georgia

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$1,362,884 $1,362,884 $1,362,884

$1,362,884 $1,362,884 $1,362,884

$1,362,884 $1,362,884 $1,362,884

$1,362,884 $1,362,884 $1,362,884

342.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$10,966

$10,966

$10,966

$10,966

342.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$21,296

$21,296

$21,296

$21,296

342.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$54,661

$54,661

$54,661

$54,661

342.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$8,097

$8,097

$8,097

$8,097

342.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($2,718) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($2,718)

($2,718)

342.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($986) for operations. (G:YES)(H:YES)

4768

JOURNAL OF THE HOUSE

State General Funds

$0

$0

($986)

($986)

342.0Drugs and Narcotics Agency, Georgia

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$1,457,904 $1,457,904 $1,457,904

$1,457,904 $1,457,904 $1,457,904

$1,454,200 $1,454,200 $1,454,200

$1,454,200 $1,454,200 $1,454,200

State Ethics Commission

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$1,606,602 $1,606,602 $1,606,602

$1,606,602 $1,606,602 $1,606,602

$1,606,602 $1,606,602 $1,606,602

$1,606,602 $1,606,602 $1,606,602

343.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$5,281

$5,281

$5,281

$5,281

343.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$23,262

$23,262

$23,262

$23,262

343.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$57,453

$57,453

$57,453

$57,453

343.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$4,981

$4,981

$4,981

$4,981

343.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$3,175

$3,175

$3,175

$3,175

343.6 Reduce one-time funds from operations.

State General Funds

($648,997)

$0

$0

$0

FRIDAY, APRIL 20, 2007

4769

343.7 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to reduce funds from operations.

State General Funds

($1,003)

$0

($1,003)

($1,003)

343.8 Increase funds for relocation expenses and additional rent for new office space on the 14th floor of the West Tower. [One-Time
Change]

State General Funds

$171,929

$115,212

$115,212

343.9 Increase funds for GBA rent in the new office space.

State General Funds

$53,980

$53,980

343.0State Ethics Commission

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$1,050,754 $1,050,754 $1,050,754

$1,872,683 $1,872,683 $1,872,683

$1,868,943 $1,868,943 $1,868,943

$1,868,943 $1,868,943 $1,868,943

Commission on the Holocaust, Georgia

Continuation Budget

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.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$278,412 $278,412 $278,412

$278,412 $278,412 $278,412

$278,412 $278,412 $278,412

$278,412 $278,412 $278,412

344.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$1,892

$1,892

$1,892

$1,892

344.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$3,781

$3,781

$3,781

$3,781

344.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$10,002

$10,002

$10,002

$10,002

344.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

4770

JOURNAL OF THE HOUSE

State General Funds

$1,656

$1,656

$1,656

$1,656

344.5 Increase funds for the Art and Writing Contest and the Distinguished Teacher Award. (CC:Fund operations)

State General Funds

$50,000

$0

$45,000

344.6 Increase funds for the relocation and continuation of the Anne Frank in the World exhibit previously hosted at Kennesaw State University and for the operational costs of the Georgia Commission on the Holocaust. [One-Time Change]

State General Funds

$24,064

$0

344.0Commission on the Holocaust, Georgia

Appropriation (HB 95)

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.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$295,743 $295,743 $295,743

$345,743 $345,743 $345,743

$319,807 $319,807 $319,807

$340,743 $340,743 $340,743

Real Estate Commission

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$3,253,396 $3,253,396 $3,253,396

$3,253,396 $3,253,396 $3,253,396

$3,253,396 $3,253,396 $3,253,396

$3,253,396 $3,253,396 $3,253,396

345.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$16,992

$16,992

$16,992

$16,992

345.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$38,785

$38,785

$38,785

$38,785

345.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$98,353

$98,353

$98,353

$98,353

345.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$15,084

$15,084

$15,084

$15,084

FRIDAY, APRIL 20, 2007

4771

345.5 Increase funds to create two new investigator positions.

State General Funds

$97,426

$97,426

$97,426

$97,426

345.6 Increase funds to replace one vehicle with mileage in excess of 135,000 miles. [One-Time Change]

State General Funds

$17,272

$17,272

$17,272

$17,272

345.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($2,098) for contractual services. (G:YES)(H:YES)

State General Funds

$0

$0

($2,098)

($2,098)

345.0Real Estate Commission

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$3,537,308 $3,537,308 $3,537,308

$3,537,308 $3,537,308 $3,537,308

$3,535,210 $3,535,210 $3,535,210

$3,535,210 $3,535,210 $3,535,210

Section 42: Soil and Water Conservation Commission

Section Total - Continuation

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 State Funds Transfers Federal Funds Transfers
TOTAL PUBLIC FUNDS

$3,097,477 $3,097,477 $1,954,308 $1,954,308 $8,147,106 $7,897,716
$249,390 $757,123 $400,000 $357,123 $13,956,014

$3,097,477 $3,097,477 $1,954,308 $1,954,308 $8,147,106 $7,897,716
$249,390 $757,123 $400,000 $357,123 $13,956,014

$3,097,477 $3,097,477 $1,954,308 $1,954,308 $8,147,106 $7,897,716
$249,390 $757,123 $400,000 $357,123 $13,956,014

Section Total - Final

$3,097,477 $3,097,477 $1,954,308 $1,954,308 $8,147,106 $7,897,716
$249,390 $757,123 $400,000 $357,123 $13,956,014

4772

JOURNAL OF THE HOUSE

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 State Funds Transfers Federal Funds Transfers
TOTAL PUBLIC FUNDS

$3,520,120 $3,520,120 $1,954,308 $1,954,308 $8,147,106 $7,897,716
$249,390 $490,186 $133,063 $357,123 $14,111,720

$3,520,120 $3,520,120 $1,954,308 $1,954,308 $8,147,106 $7,897,716
$249,390 $490,186 $133,063 $357,123 $14,111,720

$3,517,863 $3,517,863 $1,954,308 $1,954,308 $8,147,106 $7,897,716
$249,390 $490,186 $133,063 $357,123 $14,109,463

$3,517,863 $3,517,863 $1,954,308 $1,954,308 $8,147,106 $7,897,716
$249,390 $490,186 $133,063 $357,123 $14,109,463

Commission Administration

Continuation Budget

The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$599,541 $599,541 $599,541

$599,541 $599,541 $599,541

$599,541 $599,541 $599,541

$599,541 $599,541 $599,541

346.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$5,758

$5,758

$5,758

$5,758

346.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$4,574

$4,574

$4,574

$4,574

346.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$12,757

$12,757

$12,757

$12,757

346.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$2,347

$2,347

$2,347

$2,347

346.5 Increase funds for vehicle replacements due to high mileage.

State General Funds

$15,269

$15,269

$15,269

$15,269

346.0Commission Administration

Appropriation (HB 95)

FRIDAY, APRIL 20, 2007

4773

The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$640,246 $640,246 $640,246

$640,246 $640,246 $640,246

$640,246 $640,246 $640,246

$640,246 $640,246 $640,246

Conservation of Agricultural Water Supplies

Continuation Budget

The purpose of this appropriation is to conserve the use of Georgia's ground and surface water by agricultural water users.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$263,933 $263,933 $1,631,804 $1,631,804 $7,847,716 $7,847,716 $7,847,716 $9,743,453

$263,933 $263,933 $1,631,804 $1,631,804 $7,847,716 $7,847,716 $7,847,716 $9,743,453

$263,933 $263,933 $1,631,804 $1,631,804 $7,847,716 $7,847,716 $7,847,716 $9,743,453

$263,933 $263,933 $1,631,804 $1,631,804 $7,847,716 $7,847,716 $7,847,716 $9,743,453

347.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$2,360

$2,360

$2,360

$2,360

347.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$8,904

$8,904

$8,904

$8,904

347.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$24,838

$24,838

$24,838

$24,838

347.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$5,699

$5,699

$5,699

$5,699

347.5 Increase funds for vehicle replacements due to high mileage.

State General Funds

$8,569

$8,569

$8,569

$8,569

347.0Conservation of Agricultural Water Supplies

Appropriation (HB 95)

The purpose of this appropriation is to conserve the use of Georgia's ground and surface water by agricultural water users.

4774

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$314,303 $314,303 $1,631,804 $1,631,804 $7,847,716 $7,847,716 $7,847,716 $9,793,823

$314,303 $314,303 $1,631,804 $1,631,804 $7,847,716 $7,847,716 $7,847,716 $9,793,823

$314,303 $314,303 $1,631,804 $1,631,804 $7,847,716 $7,847,716 $7,847,716 $9,793,823

$314,303 $314,303 $1,631,804 $1,631,804 $7,847,716 $7,847,716 $7,847,716 $9,793,823

Conservation of Soil and Water Resources

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers FF Water Quality Management Planning CFDA66.454
TOTAL PUBLIC FUNDS

$1,171,645 $1,171,645
$322,504 $322,504 $299,390
$50,000 $50,000 $249,390 $249,390 $757,123 $400,000 $400,000 $357,123 $357,123 $2,550,662

$1,171,645 $1,171,645
$322,504 $322,504 $299,390
$50,000 $50,000 $249,390 $249,390 $757,123 $400,000 $400,000 $357,123 $357,123 $2,550,662

$1,171,645 $1,171,645
$322,504 $322,504 $299,390
$50,000 $50,000 $249,390 $249,390 $757,123 $400,000 $400,000 $357,123 $357,123 $2,550,662

$1,171,645 $1,171,645
$322,504 $322,504 $299,390
$50,000 $50,000 $249,390 $249,390 $757,123 $400,000 $400,000 $357,123 $357,123 $2,550,662

348.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$11,495

$11,495

$11,495

348.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$16,543

$16,543

$16,543

$11,495 $16,543

FRIDAY, APRIL 20, 2007

4775

348.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$46,143

$46,143

$46,143

$46,143

348.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$12,405

$12,405

$12,405

$12,405

348.5 Replace funds in Urban Lands for the Erosion Control Education Certification Program from DNR-EPD.

State General Funds Agency to Agency Contracts TOTAL PUBLIC FUNDS

$266,937 ($266,937)
$0

$266,937 ($266,937)
$0

$266,937 ($266,937)
$0

$266,937 ($266,937)
$0

348.6 Increase funds to replace three high-mileage vehicles.

State General Funds

$56,162

$56,162

$56,162

$56,162

348.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($1,865) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($1,865)

($1,865)

348.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($392) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($392)

($392)

348.0Conservation of Soil and Water Resources

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,581,330 $1,581,330
$322,504 $322,504 $299,390
$50,000 $50,000 $249,390 $249,390 $490,186

$1,581,330 $1,581,330
$322,504 $322,504 $299,390
$50,000 $50,000 $249,390 $249,390 $490,186

$1,579,073 $1,579,073
$322,504 $322,504 $299,390
$50,000 $50,000 $249,390 $249,390 $490,186

$1,579,073 $1,579,073
$322,504 $322,504 $299,390
$50,000 $50,000 $249,390 $249,390 $490,186

4776

JOURNAL OF THE HOUSE

State Funds Transfers Agency to Agency Contracts
Federal Funds Transfers FF Water Quality Management Planning CFDA66.454
TOTAL PUBLIC FUNDS

$133,063 $133,063 $357,123 $357,123 $2,693,410

$133,063 $133,063 $357,123 $357,123 $2,693,410

$133,063 $133,063 $357,123 $357,123 $2,691,153

$133,063 $133,063 $357,123 $357,123 $2,691,153

U.S.D.A. Flood Control Watershed Structures

Continuation Budget

The purpose of this appropriation is to provide flood retarding, water quality, recreation, and water supply benefits to Georgia

citizens.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$105,054 $105,054 $105,054

$105,054 $105,054 $105,054

$105,054 $105,054 $105,054

$105,054 $105,054 $105,054

349.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$247

$247

$247

$247

349.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$368

$368

$368

$368

349.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$1,027

$1,027

$1,027

$1,027

349.0U.S.D.A. Flood Control Watershed Structures

Appropriation (HB 95)

The purpose of this appropriation is to provide flood retarding, water quality, recreation, and water supply benefits to Georgia citizens.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$106,696 $106,696 $106,696

$106,696 $106,696 $106,696

$106,696 $106,696 $106,696

$106,696 $106,696 $106,696

Water Resources and Land Use Planning

Continuation Budget

The purpose of this appropriation is to improve the understanding of water use and to develop plans that improve water management

and efficiency.

FRIDAY, APRIL 20, 2007

4777

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$957,304 $957,304 $957,304

$957,304 $957,304 $957,304

$957,304 $957,304 $957,304

$957,304 $957,304 $957,304

350.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$24

$24

$24

$24

350.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$57

$57

$57

$57

350.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$160

$160

$160

$160

350.4 Reduce funds from operations.

State General Funds

($80,000)

($80,000)

($80,000)

($80,000)

350.0Water Resources and Land Use Planning

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$877,545 $877,545 $877,545

$877,545 $877,545 $877,545

$877,545 $877,545 $877,545

$877,545 $877,545 $877,545

Section 43: Student Finance Commission and Authority, Georgia

Section Total - Continuation

TOTAL STATE FUNDS Lottery Proceeds State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers
TOTAL PUBLIC FUNDS

$576,267,284 $539,601,059 $36,666,225
$520,653 $520,653 $6,773,600 $6,773,600 $583,561,537

$576,267,284 $539,601,059 $36,666,225
$520,653 $520,653 $6,773,600 $6,773,600 $583,561,537

$576,267,284 $539,601,059 $36,666,225
$520,653 $520,653 $6,773,600 $6,773,600 $583,561,537

$576,267,284 $539,601,059 $36,666,225
$520,653 $520,653 $6,773,600 $6,773,600 $583,561,537

4778

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS Lottery Proceeds State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers
TOTAL PUBLIC FUNDS

$556,920,642 $516,697,160 $40,223,482
$520,653 $520,653 $5,622,493 $5,622,493 $563,063,788

Section Total - Final

$556,920,642 $516,697,160 $40,223,482
$520,653 $520,653 $5,622,493 $5,622,493 $563,063,788

$556,920,642 $516,697,160 $40,223,482
$520,653 $520,653 $5,622,493 $5,622,493 $563,063,788

$556,920,642 $516,697,160 $40,223,482
$520,653 $520,653 $5,622,493 $5,622,493 $563,063,788

Accel

Continuation Budget

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 Lottery Proceeds
TOTAL PUBLIC FUNDS

$6,000,000 $6,000,000 $6,000,000

$6,000,000 $6,000,000 $6,000,000

$6,000,000 $6,000,000 $6,000,000

$6,000,000 $6,000,000 $6,000,000

351.0 Accel

Appropriation (HB 95)

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 Lottery Proceeds
TOTAL PUBLIC FUNDS

$6,000,000 $6,000,000 $6,000,000

$6,000,000 $6,000,000 $6,000,000

$6,000,000 $6,000,000 $6,000,000

$6,000,000 $6,000,000 $6,000,000

Engineer Scholarship

Continuation Budget

The purpose of this appropriation 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 Lottery Proceeds State General Funds
TOTAL PUBLIC FUNDS

$760,000 $760,000
$0 $760,000

$760,000 $760,000
$0 $760,000

$760,000 $760,000
$0 $760,000

$760,000 $760,000
$0 $760,000

FRIDAY, APRIL 20, 2007

4779

352.0Engineer Scholarship

Appropriation (HB 95)

The purpose of this appropriation 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 Lottery Proceeds
TOTAL PUBLIC FUNDS

$760,000 $760,000 $760,000

$760,000 $760,000 $760,000

$760,000 $760,000 $760,000

$760,000 $760,000 $760,000

Georgia Military College Scholarship

Continuation Budget

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 Lottery Proceeds
TOTAL PUBLIC FUNDS

$770,477 $770,477 $770,477

$770,477 $770,477 $770,477

$770,477 $770,477 $770,477

$770,477 $770,477 $770,477

353.1 Transfer funds from the HOPE Grant program to fund additional scholarships for students returning from military deployment.

Lottery Proceeds

$458,231

$458,231

$458,231

353.0Georgia Military College Scholarship

Appropriation (HB 95)

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 Lottery Proceeds
TOTAL PUBLIC FUNDS

$770,477 $770,477 $770,477

$1,228,708 $1,228,708 $1,228,708

$1,228,708 $1,228,708 $1,228,708

$1,228,708 $1,228,708 $1,228,708

Governor's Scholarship Program

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$2,329,200 $2,329,200 $2,329,200

$2,329,200 $2,329,200 $2,329,200

$2,329,200 $2,329,200 $2,329,200

$2,329,200 $2,329,200 $2,329,200

4780

JOURNAL OF THE HOUSE

354.0Governor's Scholarship Program

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$2,329,200 $2,329,200 $2,329,200

$2,329,200 $2,329,200 $2,329,200

$2,329,200 $2,329,200 $2,329,200

$2,329,200 $2,329,200 $2,329,200

Guaranteed Educational Loans

Continuation Budget

The purpose of this appropriation is to provide forgivable loans to students enrolled in critical fields of study, which include programs

such as nursing, physical therapy and pharmacy.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$3,799,883 $3,799,883
$280,000 $280,000 $280,000 $4,079,883

$3,799,883 $3,799,883
$280,000 $280,000 $280,000 $4,079,883

$3,799,883 $3,799,883
$280,000 $280,000 $280,000 $4,079,883

$3,799,883 $3,799,883
$280,000 $280,000 $280,000 $4,079,883

355.1 Eliminate one-time funds received in HB1027 (FY07) for nursing service cancelable loans.

Intergovernmental Transfers Not Itemized

($280,000)

($280,000)

($280,000)

($280,000)

355.2 Increase funds for recruitment of nursing faculty by providing twenty-five service cancelable loans for advanced degrees.

Intergovernmental Transfers Not Itemized

$250,000

$250,000

$250,000

$250,000

355.0Guaranteed Educational Loans

Appropriation (HB 95)

The purpose of this appropriation is to provide forgivable loans to students enrolled in critical fields of study, which include programs such as nursing, physical therapy and pharmacy.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$3,799,883 $3,799,883
$250,000 $250,000 $250,000 $4,049,883

$3,799,883 $3,799,883
$250,000 $250,000 $250,000 $4,049,883

$3,799,883 $3,799,883
$250,000 $250,000 $250,000 $4,049,883

$3,799,883 $3,799,883
$250,000 $250,000 $250,000 $4,049,883

FRIDAY, APRIL 20, 2007

4781

HERO Scholarship

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$200,000 $200,000 $200,000

$200,000 $200,000 $200,000

$200,000 $200,000 $200,000

$200,000 $200,000 $200,000

356.1 Increase funds to serve an additional 359 students. Intergovernmental Transfers Not Itemized

$718,000

$718,000

$718,000

$718,000

356.0HERO Scholarship

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$200,000 $200,000 $718,000 $718,000 $718,000 $918,000

$200,000 $200,000 $718,000 $718,000 $718,000 $918,000

$200,000 $200,000 $718,000 $718,000 $718,000 $918,000

$200,000 $200,000 $718,000 $718,000 $718,000 $918,000

HOPE Administration

Continuation Budget

The purpose of this appropriation 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 Lottery Proceeds State General Funds
TOTAL PUBLIC FUNDS

$5,228,320 $5,228,320
$0 $5,228,320

$5,228,320 $5,228,320
$0 $5,228,320

$5,228,320 $5,228,320
$0 $5,228,320

$5,228,320 $5,228,320
$0 $5,228,320

357.1 Annualize the cost of the FY07 salary adjustment.

Lottery Proceeds

$0

$0

$0

$0

357.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

Lottery Proceeds

$0

$0

$0

$0

4782

JOURNAL OF THE HOUSE

357.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

Lottery Proceeds

$0

$0

$0

$0

357.4 Increase funds for four financial aid consultants to educate students, parents, counselors, and graduation coaches on resources available through GAcollege411.

State General Funds

$158,912

$158,912

$158,912

$158,912

357.5 Increase funds to expand marketing efforts of GAcollege411 in order to increase access to college.

Intergovernmental Transfers Not Itemized

$500,000

$500,000

$500,000

$500,000

357.0HOPE Administration

Appropriation (HB 95)

The purpose of this appropriation 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 Lottery Proceeds State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$5,387,232 $5,228,320
$158,912 $500,000 $500,000 $500,000 $5,887,232

$5,387,232 $5,228,320
$158,912 $500,000 $500,000 $500,000 $5,887,232

$5,387,232 $5,228,320
$158,912 $500,000 $500,000 $500,000 $5,887,232

$5,387,232 $5,228,320
$158,912 $500,000 $500,000 $500,000 $5,887,232

HOPE GED

Continuation Budget

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 Lottery Proceeds
TOTAL PUBLIC FUNDS

$2,461,614 $2,461,614 $2,461,614

$2,461,614 $2,461,614 $2,461,614

$2,461,614 $2,461,614 $2,461,614

$2,461,614 $2,461,614 $2,461,614

358.0HOPE GED

Appropriation (HB 95)

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.

FRIDAY, APRIL 20, 2007

4783

TOTAL STATE FUNDS Lottery Proceeds
TOTAL PUBLIC FUNDS

$2,461,614 $2,461,614 $2,461,614

$2,461,614 $2,461,614 $2,461,614

$2,461,614 $2,461,614 $2,461,614

$2,461,614 $2,461,614 $2,461,614

HOPE Grant

Continuation Budget

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 Lottery Proceeds
TOTAL PUBLIC FUNDS

$122,784,173 $122,784,173 $122,784,173

$122,784,173 $122,784,173 $122,784,173

$122,784,173 $122,784,173 $122,784,173

$122,784,173 $122,784,173 $122,784,173

359.1 Transfer excess HOPE Grant funds to Bright from the Start: Georgia Department of Early Care and Learning to fund enrollment growth and rate changes in the Pre-Kindergarten program.

Lottery Proceeds

($17,353,918) ($17,353,918) ($17,353,918) ($17,353,918)

359.2 Transfer funds to the Georgia Military College Scholarship program to fund additional scholarships for troops returning from military deployment.

Lottery Proceeds

($458,231)

($458,231)

($458,231)

359.0HOPE Grant

Appropriation (HB 95)

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 Lottery Proceeds
TOTAL PUBLIC FUNDS

$105,430,255 $105,430,255 $105,430,255

$104,972,024 $104,972,024 $104,972,024

$104,972,024 $104,972,024 $104,972,024

$104,972,024 $104,972,024 $104,972,024

HOPE Scholarships - Private Schools

Continuation Budget

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 Lottery Proceeds
TOTAL PUBLIC FUNDS

$45,651,732 $45,651,732 $45,651,732

$45,651,732 $45,651,732 $45,651,732

$45,651,732 $45,651,732 $45,651,732

$45,651,732 $45,651,732 $45,651,732

4784

JOURNAL OF THE HOUSE

360.0HOPE Scholarships - Private Schools

Appropriation (HB 95)

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 Lottery Proceeds
TOTAL PUBLIC FUNDS

$45,651,732 $45,651,732 $45,651,732

$45,651,732 $45,651,732 $45,651,732

$45,651,732 $45,651,732 $45,651,732

$45,651,732 $45,651,732 $45,651,732

HOPE Scholarships - Public Schools

Continuation Budget

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 Lottery Proceeds
TOTAL PUBLIC FUNDS

$344,500,917 $344,500,917 $344,500,917

$344,500,917 $344,500,917 $344,500,917

$344,500,917 $344,500,917 $344,500,917

$344,500,917 $344,500,917 $344,500,917

361.1 Transfer funds to Bright from the Start: Georgia Department of Early Care and Learning to fund enrollment growth and rate changes in the Pre-Kindergarten program.

Lottery Proceeds

($5,549,981) ($5,549,981) ($5,549,981) ($5,549,981)

361.0HOPE Scholarships - Public Schools

Appropriation (HB 95)

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 Lottery Proceeds
TOTAL PUBLIC FUNDS

$338,950,936 $338,950,936 $338,950,936

$338,950,936 $338,950,936 $338,950,936

$338,950,936 $338,950,936 $338,950,936

$338,950,936 $338,950,936 $338,950,936

Law Enforcement Dependents Grant

Continuation Budget

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 institution in Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$50,911 $50,911 $50,911

$50,911 $50,911 $50,911

$50,911 $50,911 $50,911

$50,911 $50,911 $50,911

FRIDAY, APRIL 20, 2007

4785

362.0Law Enforcement Dependents Grant

Appropriation (HB 95)

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 institution in Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$50,911 $50,911 $50,911

$50,911 $50,911 $50,911

$50,911 $50,911 $50,911

$50,911 $50,911 $50,911

Leveraging Educational Assistance Partnership Program

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$966,757 $966,757 $520,653 $520,653 $1,487,410

$966,757 $966,757 $520,653 $520,653 $1,487,410

$966,757 $966,757 $520,653 $520,653 $1,487,410

$966,757 $966,757 $520,653 $520,653 $1,487,410

363.0Leveraging Educational Assistance Partnership Program

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$966,757 $966,757 $520,653 $520,653 $1,487,410

$966,757 $966,757 $520,653 $520,653 $1,487,410

$966,757 $966,757 $520,653 $520,653 $1,487,410

$966,757 $966,757 $520,653 $520,653 $1,487,410

North Georgia Military Scholarship Grants

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS

$683,951 $683,951 $1,010,402

$683,951 $683,951 $1,010,402

$683,951 $683,951 $1,010,402

$683,951 $683,951 $1,010,402

4786

JOURNAL OF THE HOUSE

Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$1,010,402 $1,010,402 $1,694,353

$1,010,402 $1,010,402 $1,694,353

$1,010,402 $1,010,402 $1,694,353

$1,010,402 $1,010,402 $1,694,353

364.1 Eliminate one-time funds received in HB1027 (FY07) for students returning from military deployment.

Intergovernmental Transfers Not Itemized

($1,010,402) ($1,010,402) ($1,010,402) ($1,010,402)

364.0North Georgia Military Scholarship Grants

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$683,951 $683,951 $683,951

$683,951 $683,951 $683,951

$683,951 $683,951 $683,951

$683,951 $683,951 $683,951

North Georgia ROTC Grants

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$432,479 $432,479 $432,479

$432,479 $432,479 $432,479

$432,479 $432,479 $432,479

$432,479 $432,479 $432,479

365.0North Georgia ROTC Grants

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$432,479 $432,479 $432,479

$432,479 $432,479 $432,479

$432,479 $432,479 $432,479

$432,479 $432,479 $432,479

Promise Scholarship

Continuation Budget

The purpose of this appropriation is to provide forgivable loans to students in their junior and senior year who aspire to be teachers

in Georgia public schools.

FRIDAY, APRIL 20, 2007

4787

TOTAL STATE FUNDS Lottery Proceeds
TOTAL PUBLIC FUNDS

$5,855,278 $5,855,278 $5,855,278

$5,855,278 $5,855,278 $5,855,278

$5,855,278 $5,855,278 $5,855,278

$5,855,278 $5,855,278 $5,855,278

366.0Promise Scholarship

Appropriation (HB 95)

The purpose of this appropriation 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 Lottery Proceeds
TOTAL PUBLIC FUNDS

$5,855,278 $5,855,278 $5,855,278

$5,855,278 $5,855,278 $5,855,278

$5,855,278 $5,855,278 $5,855,278

$5,855,278 $5,855,278 $5,855,278

Public Memorial Safety Grant

Continuation Budget

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 Lottery Proceeds
TOTAL PUBLIC FUNDS

$255,850 $255,850 $255,850

$255,850 $255,850 $255,850

$255,850 $255,850 $255,850

$255,850 $255,850 $255,850

367.0Public Memorial Safety Grant

Appropriation (HB 95)

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 Lottery Proceeds
TOTAL PUBLIC FUNDS

$255,850 $255,850 $255,850

$255,850 $255,850 $255,850

$255,850 $255,850 $255,850

$255,850 $255,850 $255,850

Teacher Scholarship

Continuation Budget

The purpose of this appropriation is to provide forgivable loans to teachers seeking advanced education degrees in critical shortage

fields of study.

4788

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS Lottery Proceeds
TOTAL PUBLIC FUNDS

$5,332,698 $5,332,698 $5,332,698

$5,332,698 $5,332,698 $5,332,698

$5,332,698 $5,332,698 $5,332,698

$5,332,698 $5,332,698 $5,332,698

368.0Teacher Scholarship

Appropriation (HB 95)

The purpose of this appropriation is to provide forgivable loans to teachers seeking advanced education degrees in critical shortage fields of study.

TOTAL STATE FUNDS Lottery Proceeds
TOTAL PUBLIC FUNDS

$5,332,698 $5,332,698 $5,332,698

$5,332,698 $5,332,698 $5,332,698

$5,332,698 $5,332,698 $5,332,698

$5,332,698 $5,332,698 $5,332,698

Tuition Equalization Grants

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$27,531,802 $27,531,802 $5,483,198 $5,483,198 $5,483,198 $33,015,000

$27,531,802 $27,531,802 $5,483,198 $5,483,198 $5,483,198 $33,015,000

$27,531,802 $27,531,802 $5,483,198 $5,483,198 $5,483,198 $33,015,000

$27,531,802 $27,531,802 $5,483,198 $5,483,198 $5,483,198 $33,015,000

369.1 Increase funds to adjust award amount from $1,000 to $1,100.

State General Funds

$3,280,000

$3,280,000

369.2 Eliminate one-time funds received in HB1027 (FY07) for Tuition Equalization Grants.

Intergovernmental Transfers Not Itemized

($1,328,705) ($1,328,705)

$3,280,000 ($1,328,705)

$3,280,000 ($1,328,705)

369.0Tuition Equalization Grants

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS

$30,811,802 $30,811,802 $4,154,493

$30,811,802 $30,811,802 $4,154,493

$30,811,802 $30,811,802 $4,154,493

$30,811,802 $30,811,802 $4,154,493

FRIDAY, APRIL 20, 2007

4789

Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$4,154,493 $4,154,493 $34,966,295

$4,154,493 $4,154,493 $34,966,295

$4,154,493 $4,154,493 $34,966,295

$4,154,493 $4,154,493 $34,966,295

Nonpublic Postsecondary Education Commission

Continuation Budget

The purpose of this appropriation is to authorize private post-secondary schools in Georgia; provide transcripts for students who

attended schools that closed; and resolve complaints.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$671,242 $671,242 $671,242

$671,242 $671,242 $671,242

$671,242 $671,242 $671,242

$671,242 $671,242 $671,242

370.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$1,914

$1,914

$1,914

$1,914

370.2 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$28,696

$28,696

$28,696

$28,696

370.3 Increase funds to reflect an adjustment in Workers' Compensation premiums.

State General Funds

$1,511

$1,511

$1,511

$1,511

370.4 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$10,099

$10,099

$10,099

$10,099

370.5 Increase funds for one standard administrator position to increase the number of institutions meeting academic and financial standards.

State General Funds

$76,125

$76,125

$76,125

$76,125

370.0Nonpublic Postsecondary Education Commission

Appropriation (HB 95)

The purpose of this appropriation is to authorize private post-secondary schools in Georgia; provide transcripts for students who attended schools that closed; and resolve complaints.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$789,587 $789,587 $789,587

$789,587 $789,587 $789,587

$789,587 $789,587 $789,587

$789,587 $789,587 $789,587

4790

JOURNAL OF THE HOUSE

Section 44: Teachers' Retirement System

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

$3,903,200 $3,903,200 $24,209,246 $24,209,246 $28,112,446

$3,903,200 $3,903,200 $24,209,246 $24,209,246 $28,112,446

$3,903,200 $3,903,200 $24,209,246 $24,209,246 $28,112,446

$3,903,200 $3,903,200 $24,209,246 $24,209,246 $28,112,446

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

$1,555,000 $1,555,000 $24,934,005 $24,934,005 $26,489,005

Section Total - Final

$1,555,000 $1,555,000 $24,934,005 $24,934,005 $26,489,005

$1,555,000 $1,555,000 $24,934,005 $24,934,005 $26,489,005

$1,555,000 $1,555,000 $24,934,005 $24,934,005 $26,489,005

Floor/COLA, Local System Fund

Continuation Budget

The purpose of this appropriation is to provide retirees from local retirement systems a minimum allowance upon retirement and a

post-retirement benefit adjustment (COLA) whenever such adjustment is granted to teachers who retired under TRS.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,903,200 $3,903,200 $3,903,200

$3,903,200 $3,903,200 $3,903,200

$3,903,200 $3,903,200 $3,903,200

$3,903,200 $3,903,200 $3,903,200

371.1 Reduce funds from the Floor Fund ($5,000) and COLA Fund ($200,000) due to the declining population of retired teachers who qualify for this benefit.

State General Funds

($205,000)

($205,000)

($205,000)

($205,000)

371.2 Transfer funds for HB400 (2006 Session) to the Department of Education, the Board of Regents, and the Department of Technical and Adult Education to properly reflect the employer rate increase for TRS members from 9.24% to 9.28%.

State General Funds

($2,143,200) ($2,143,200) ($2,143,200) ($2,143,200)

371.0Floor/COLA, Local System Fund

Appropriation (HB 95)

FRIDAY, APRIL 20, 2007

4791

The purpose of this appropriation is to provide retirees from local retirement systems a minimum allowance upon retirement and a post-retirement benefit adjustment (COLA) whenever such adjustment is granted to teachers who retired under TRS.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,555,000 $1,555,000 $1,555,000

$1,555,000 $1,555,000 $1,555,000

$1,555,000 $1,555,000 $1,555,000

$1,555,000 $1,555,000 $1,555,000

System Administration

Continuation Budget

The purpose of this appropriation is to provide all services to active members, including: service purchases, refunds, retirement

counseling, and new retirement processing.

TOTAL STATE FUNDS TOTAL INTRA-STATE GOVERNMENT TRANSFERS
State Funds Transfers Retirement Payments
TOTAL PUBLIC FUNDS

$0 $24,209,246 $24,209,246 $24,209,246 $24,209,246

$0 $24,209,246 $24,209,246 $24,209,246 $24,209,246

$0 $24,209,246 $24,209,246 $24,209,246 $24,209,246

$0 $24,209,246 $24,209,246 $24,209,246 $24,209,246

372.1 Annualize the cost of the FY07 salary adjustment.

Retirement Payments

$265,094

$265,094

$265,094

$265,094

372.2 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

Retirement Payments

$873,575

$873,575

$873,575

$873,575

372.3 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

Retirement Payments

$52,090

$52,090

$52,090

$52,090

372.4 Reduce funds received for one-time computer upgrades.

Retirement Payments

($466,000)

($466,000)

($466,000)

($466,000)

372.0System Administration

Appropriation (HB 95)

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 State Funds Transfers

$24,934,005 $24,934,005

$24,934,005 $24,934,005

$24,934,005 $24,934,005

$24,934,005 $24,934,005

4792

JOURNAL OF THE HOUSE

Retirement Payments TOTAL PUBLIC FUNDS

$24,934,005 $24,934,005

$24,934,005 $24,934,005

$24,934,005 $24,934,005

It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 9.28%.

Section 45: Technical Education, Department of

Section Total - Continuation

$24,934,005 $24,934,005

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services
TOTAL PUBLIC FUNDS

$336,788,064 $336,788,064 $19,814,459 $19,814,459 $56,732,658 $56,732,658 $413,335,181

$336,788,064 $336,788,064 $19,814,459 $19,814,459 $56,732,658 $56,732,658 $413,335,181

$336,788,064 $336,788,064 $19,814,459 $19,814,459 $56,732,658 $56,732,658 $413,335,181

$336,788,064 $336,788,064 $19,814,459 $19,814,459 $56,732,658 $56,732,658 $413,335,181

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers
TOTAL PUBLIC FUNDS

$384,802,807 $384,802,807 $19,814,459 $19,814,459 $56,732,658 $56,732,658
$6,500,000 $6,500,000 $467,849,924

Section Total - Final

$382,715,533 $382,715,533 $19,814,459 $19,814,459 $56,732,658 $56,732,658
$6,500,000 $6,500,000 $465,762,650

$366,369,941 $366,369,941 $19,814,459 $19,814,459 $56,732,658 $56,732,658
$3,500,000 $3,500,000 $446,417,058

$373,317,567 $373,317,567 $19,814,459 $19,814,459 $56,732,658 $56,732,658
$3,500,000 $3,500,000 $453,364,684

Adult Literacy

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS

$12,451,684 $12,451,684 $6,669,526

$12,451,684 $12,451,684 $6,669,526

$12,451,684 $12,451,684 $6,669,526

$12,451,684 $12,451,684 $6,669,526

FRIDAY, APRIL 20, 2007

4793

Federal Funds Not Itemized TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$6,669,526 $1,121,886 $1,121,886 $1,121,886 $20,243,096

$6,669,526 $1,121,886 $1,121,886 $1,121,886 $20,243,096

$6,669,526 $1,121,886 $1,121,886 $1,121,886 $20,243,096

$6,669,526 $1,121,886 $1,121,886 $1,121,886 $20,243,096

373.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$229,332

$229,332

$229,332

$229,332

373.2 Increase funds for a 3% salary increase for teachers and support personnel with the Department of Technical and Adult Education effective January 1, 2008.

State General Funds

$169,964

$169,964

$169,964

$169,964

373.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$662,080

$662,080

$662,080

$662,080

373.4 Transfer one-time funds ($500,000) for the Shirley Smith Center to offset the loss of Temporary Assistance for Needy Families (TANF) funds and to continue providing literacy services. (G:YES)(H:YES)(S:YES)

State General Funds

$0

$0

$0

$0

373.5 Increase funds to offset the loss of TANF funds and to continue providing adult literacy services. [One-Time Change]

State General Funds

$2,500,000

$2,500,000

$2,000,000

$2,500,000

373.6 Transfer funds for HB400 (2006 Session) from the Teachers' Retirement System (TRS) to properly reflect the employer rate increase for TRS members from 9.24% to 9.28%.

State General Funds

$3,540

$3,540

$3,540

$3,540

373.7 Reflect the Governor's TANF plan as indicated on page 200 of the Governors Budget Report.

FF Temporary Assistance for Needy Families CFDA93.558

$3,000,000

$3,000,000

$0

$0

373.8 Increase funds to cover FY07 shortfall. [One-Time Change]

State General Funds

$1,000,000

$0

373.99 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.

State General Funds

$0

$0

4794

JOURNAL OF THE HOUSE

373.0Adult Literacy

Appropriation (HB 95)

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 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 Federal Funds Transfers FF Temporary Assistance for Needy Families CFDA93.558
TOTAL PUBLIC FUNDS

$16,016,600 $16,016,600 $6,669,526 $6,669,526 $1,121,886 $1,121,886 $1,121,886 $3,000,000 $3,000,000 $3,000,000 $26,808,012

$16,016,600 $16,016,600 $6,669,526 $6,669,526 $1,121,886 $1,121,886 $1,121,886 $3,000,000 $3,000,000 $3,000,000 $26,808,012

$16,516,600 $16,516,600 $6,669,526 $6,669,526 $1,121,886 $1,121,886 $1,121,886
$24,308,012

$16,016,600 $16,016,600 $6,669,526 $6,669,526 $1,121,886 $1,121,886 $1,121,886
$23,808,012

Departmental Administration

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$9,184,019 $9,184,019 $2,059,788 $2,059,788
$800,000 $800,000 $800,000 $12,043,807

$9,184,019 $9,184,019 $2,059,788 $2,059,788
$800,000 $800,000 $800,000 $12,043,807

$9,184,019 $9,184,019 $2,059,788 $2,059,788
$800,000 $800,000 $800,000 $12,043,807

$9,184,019 $9,184,019 $2,059,788 $2,059,788
$800,000 $800,000 $800,000 $12,043,807

374.1 Annualize the cost of the FY07 salary adjustment. State General Funds

$150,698

$150,698

$150,698

$150,698

FRIDAY, APRIL 20, 2007

4795

374.2 Increase funds for a 3% salary increase for teachers and support personnel with the Department of Technical and Adult Education effective January 1, 2008.

State General Funds

$118,843

$118,843

$118,843

$118,843

374.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$435,235

$435,235

$435,235

$435,235

374.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$150,247

$150,247

$150,247

$150,247

374.5 Transfer funds for HB400 (2006 Session) from the Teachers' Retirement System (TRS) to properly reflect the employer rate increase for TRS members from 9.24% to 9.28%.

State General Funds

$960

$960

$960

$960

374.6 Increase funds for the Harriett Darnell Multi-Purpose Center to assist with program development to public service program.

State General Funds

$10,000

374.0Departmental Administration

Appropriation (HB 95)

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

$10,040,002 $10,040,002 $2,059,788 $2,059,788
$800,000 $800,000 $800,000 $12,899,790

$10,040,002 $10,040,002 $2,059,788 $2,059,788
$800,000 $800,000 $800,000 $12,899,790

$10,040,002 $10,040,002 $2,059,788 $2,059,788
$800,000 $800,000 $800,000 $12,899,790

$10,050,002 $10,050,002 $2,059,788 $2,059,788
$800,000 $800,000 $800,000 $12,909,790

Quick Start and Customized Services

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$12,613,900 $12,613,900 $12,613,900

$12,613,900 $12,613,900 $12,613,900

$12,613,900 $12,613,900 $12,613,900

$12,613,900 $12,613,900 $12,613,900

4796

JOURNAL OF THE HOUSE

375.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$136,238

$136,238

$136,238

$136,238

375.2 Increase funds for a 3% salary increase for teachers and support personnel with the Department of Technical and Adult Education effective January 1, 2008.

State General Funds

$105,580

$105,580

$105,580

$105,580

375.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$387,425

$387,425

$387,425

$387,425

375.4 Increase operating and customized training funds to prepare the workforce related to the Kia project. [One-Time Change]

State General Funds

$3,124,900

$3,124,900

$3,600,000

$3,124,900

375.0Quick Start and Customized Services

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$16,368,043 $16,368,043 $16,368,043

$16,368,043 $16,368,043 $16,368,043

$16,843,143 $16,843,143 $16,843,143

$16,368,043 $16,368,043 $16,368,043

Technical Education

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$302,538,461 $302,538,461 $11,085,145 $11,085,145 $54,810,772 $54,810,772 $54,810,772 $368,434,378

$302,538,461 $302,538,461 $11,085,145 $11,085,145 $54,810,772 $54,810,772 $54,810,772 $368,434,378

$302,538,461 $302,538,461 $11,085,145 $11,085,145 $54,810,772 $54,810,772 $54,810,772 $368,434,378

$302,538,461 $302,538,461 $11,085,145 $11,085,145 $54,810,772 $54,810,772 $54,810,772 $368,434,378

FRIDAY, APRIL 20, 2007

4797

376.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$5,141,940

$5,141,940

$5,141,940

$5,141,940

376.2 Increase funds for a 3% salary increase for teachers and support personnel with the Department of Technical and Adult Education effective January 1, 2008.

State General Funds

$4,100,327

$4,100,327

$4,100,327

$4,100,327

376.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$15,040,323 $15,040,323 $15,040,323 $15,040,323

376.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$1,383,207

$1,383,207

$1,383,207

$1,383,207

376.5 Transfer funds for HB400 (2006 Session) from the Teachers' Retirement System (TRS) to properly reflect the employer rate increase for TRS members from 9.24% to 9.28%.

State General Funds

$58,600

$58,600

$58,600

$58,600

376.6 Reduce funds due to declining enrollment of 3.8% (-$7,162,726) and increase expenses to reflect an increase in square footage ($892,492).

State General Funds

($6,270,234)

$892,492 ($6,270,234)

$892,492

376.7 Eliminate one-time funds received in HB1027 (FY07) for the Augusta Technical College satellite campus.

State General Funds

($135,000)

($135,000)

($135,000)

($135,000)

376.8 Increase funds for electricity and gas.

State General Funds

$2,851,553

$2,851,553

$2,851,553

$2,851,553

376.9 Increase funds for the fast track nursing initiative to increase the number of nursing graduates in the workforce.

State General Funds

$650,000

$650,000

$650,000

$650,000

376.10 Increase funds for Minor Repairs and Renovations (MRR). (S and CC:Move to bonds)

State General Funds

$10,710,750 $10,710,750

$0

$0

376.11 Transfer funds from DTAE to the Board of Regents to merge Georgia Aviation Technical College and Middle Georgia College within the University System.

State General Funds

($3,691,765) ($3,691,765) ($3,691,765) ($3,691,765)

376.12 Increase funds to replace obsolete equipment. (H and S:Move to bonds)

4798

JOURNAL OF THE HOUSE

State General Funds

$10,000,000

$0

$0

$0

376.13 Reflect the Governor's TANF plan as indicated on page 200 of the Governor's Budget Report.

FF Temporary Assistance for Needy Families CFDA93.558

$3,500,000

$3,500,000

$3,500,000

$3,500,000

376.14 Increase funds for roof repairs at the Moultrie Technical College Career Academy.

State General Funds

$750,000

$0

$700,000

376.15 Increase funds for five start-up or existing Career Academies per SB68 (2007 Session) "Career Academies Act".

State General Funds

$1,500,000

$1,500,000

376.16 Increase funds for the predesign of a college and technical facility in Catoosa County.

State General Funds

$50,000

$100,000

376.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize state funds ($153,688) and agency funds ($551,226) for software licenses and voice over internet implementation. (G:YES)(H:YES)

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$0

$0

($153,688)

($153,688)

$0

$0

$0

$0

$0

$0

($153,688)

($153,688)

376.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize state funds ($93,528) and agency funds ($182,631) for software licenses and voice over internet implementation. (G:YES)(H:YES)

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$0

$0

($93,528)

($93,528)

$0

$0

$0

$0

$0

$0

($93,528)

($93,528)

376.0Technical Education

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services

$342,378,162 $342,378,162 $11,085,145 $11,085,145 $54,810,772 $54,810,772

$340,290,888 $340,290,888 $11,085,145 $11,085,145 $54,810,772 $54,810,772

$322,970,196 $322,970,196 $11,085,145 $11,085,145 $54,810,772 $54,810,772

$330,882,922 $330,882,922 $11,085,145 $11,085,145 $54,810,772 $54,810,772

FRIDAY, APRIL 20, 2007

4799

Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
Federal Funds Transfers FF Temporary Assistance for Needy Families CFDA93.558
TOTAL PUBLIC FUNDS
Section 46: Transportation, Department of
TOTAL STATE FUNDS State Motor Fuel Funds State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Intergovernmental Transfers Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State Motor Fuel Funds State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Intergovernmental Transfers Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$54,810,772 $3,500,000 $3,500,000 $3,500,000 $411,774,079

$54,810,772 $3,500,000 $3,500,000 $3,500,000 $409,686,805

$54,810,772 $3,500,000 $3,500,000 $3,500,000 $392,366,113

$54,810,772 $3,500,000 $3,500,000 $3,500,000 $400,278,839

Section Total - Continuation

$664,031,462 $646,759,400 $17,272,062 $1,176,511,379 $24,629,445 $1,151,881,934
$6,755,541 $760,233
$5,995,308 $657,795 $657,795
$1,847,956,177

$664,031,462 $646,759,400 $17,272,062 $1,176,511,379 $24,629,445 $1,151,881,934
$6,755,541 $760,233
$5,995,308 $657,795 $657,795
$1,847,956,177

$664,031,462 $646,759,400 $17,272,062 $1,176,511,379 $24,629,445 $1,151,881,934
$6,755,541 $760,233
$5,995,308 $657,795 $657,795
$1,847,956,177

$664,031,462 $646,759,400 $17,272,062 $1,176,511,379 $24,629,445 $1,151,881,934
$6,755,541 $760,233
$5,995,308 $657,795 $657,795
$1,847,956,177

Section Total - Final

$775,206,811 $753,832,078 $21,374,733 $1,340,924,620 $24,629,445 $1,316,295,175
$6,755,541 $760,233
$5,995,308 $657,795

$780,106,811 $753,832,078 $26,274,733 $1,340,924,620 $24,629,445 $1,316,295,175
$6,755,541 $760,233
$5,995,308 $657,795

$773,787,194 $750,414,878 $23,372,316 $1,335,062,254 $24,629,445 $1,310,432,809
$6,755,541 $760,233
$5,995,308 $657,795

$778,787,194 $750,414,878 $28,372,316 $1,335,062,254 $24,629,445 $1,310,432,809
$6,755,541 $760,233
$5,995,308 $657,795

4800

JOURNAL OF THE HOUSE

State Funds Transfers TOTAL PUBLIC FUNDS

$657,795

$657,795

$657,795

$657,795

$2,123,544,767 $2,128,444,767 $2,116,262,784 $2,121,262,784

Air Transportation

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Air Transportation Charges
TOTAL PUBLIC FUNDS

$1,495,535 $1,495,535
$275,000 $275,000 $275,000 $657,795 $657,795 $657,795 $2,428,330

$1,495,535 $1,495,535
$275,000 $275,000 $275,000 $657,795 $657,795 $657,795 $2,428,330

$1,495,535 $1,495,535
$275,000 $275,000 $275,000 $657,795 $657,795 $657,795 $2,428,330

$1,495,535 $1,495,535
$275,000 $275,000 $275,000 $657,795 $657,795 $657,795 $2,428,330

377.1 Annualize the costs of the FY07 salary adjustment.

State General Funds

$11,046

$11,046

$11,046

$11,046

377.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$26,237

$26,237

$26,237

$26,237

377.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$56,036

$56,036

$56,036

$56,036

377.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$12,321

$12,321

$12,321

$12,321

377.5 Eliminate one-time funds received in HB1027 (FY07) for aircraft inspections.

State General Funds

($92,000)

($92,000)

($92,000)

($92,000)

377.6 Increase funds to implement the Aviation Task Force recommendations on fleet improvements. [One-Time Change]

State General Funds

$3,000,000

$0

$0

$0

FRIDAY, APRIL 20, 2007

4801

377.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($2,417) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($2,417)

($2,417)

377.0Air Transportation

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Air Transportation Charges
TOTAL PUBLIC FUNDS

$4,509,175 $4,509,175
$275,000 $275,000 $275,000 $657,795 $657,795 $657,795 $5,441,970

$1,509,175 $1,509,175
$275,000 $275,000 $275,000 $657,795 $657,795 $657,795 $2,441,970

$1,506,758 $1,506,758
$275,000 $275,000 $275,000 $657,795 $657,795 $657,795 $2,439,553

$1,506,758 $1,506,758
$275,000 $275,000 $275,000 $657,795 $657,795 $657,795 $2,439,553

Airport Aid

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$6,621,247 $6,621,247 $6,000,000 $6,000,000 $12,621,247

$6,621,247 $6,621,247 $6,000,000 $6,000,000 $12,621,247

$6,621,247 $6,621,247 $6,000,000 $6,000,000 $12,621,247

$6,621,247 $6,621,247 $6,000,000 $6,000,000 $12,621,247

378.1 Annualize the costs of the FY07 salary adjustment.

State General Funds

$2,632

$2,632

$2,632

$2,632

378.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$6,316

$6,316

$6,316

$6,316

4802

JOURNAL OF THE HOUSE

378.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$13,490

$13,490

$13,490

$13,490

378.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$2,464

$2,464

$2,464

$2,464

378.5 Increase funds to support the state's airports, with $300,000 designated for improvements at the Richard B. Russell Regional Airport in Floyd County. (CC:Increase funds to support the state's airports) [One-Time Change]

State General Funds

$5,000,000

$5,000,000

378.0Airport Aid

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$6,646,149 $6,646,149 $6,000,000 $6,000,000 $12,646,149

$6,646,149 $6,646,149 $6,000,000 $6,000,000 $12,646,149

$11,646,149 $11,646,149 $6,000,000 $6,000,000 $17,646,149

$11,646,149 $11,646,149 $6,000,000 $6,000,000 $17,646,149

Data Collection, Compliance and Reporting

Continuation Budget

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 State Motor Fuel Funds State General Funds
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$4,094,746 $3,252,278
$842,468 $8,270,257 $8,270,257
$62,257 $62,257 $62,257 $12,427,260

$4,094,746 $3,252,278
$842,468 $8,270,257 $8,270,257
$62,257 $62,257 $62,257 $12,427,260

$4,094,746 $3,252,278
$842,468 $8,270,257 $8,270,257
$62,257 $62,257 $62,257 $12,427,260

$4,094,746 $3,252,278
$842,468 $8,270,257 $8,270,257
$62,257 $62,257 $62,257 $12,427,260

379.1 Annualize the cost of the FY07 salary adjustment.

FRIDAY, APRIL 20, 2007

4803

State Motor Fuel Funds State General Funds TOTAL PUBLIC FUNDS

$51,349 $5,932 $57,281

$51,349 $5,932 $57,281

$51,349 $5,932 $57,281

$51,349 $5,932 $57,281

379.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State Motor Fuel Funds State General Funds TOTAL PUBLIC FUNDS

$73,171 $13,057 $86,228

$73,171 $13,057 $86,228

$73,171 $13,057 $86,228

$73,171 $13,057 $86,228

379.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State Motor Fuel Funds State General Funds TOTAL PUBLIC FUNDS

$188,878 $27,887
$216,765

$188,878 $27,887
$216,765

$188,878 $27,887
$216,765

$188,878 $27,887
$216,765

379.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State Motor Fuel Funds State General Funds TOTAL PUBLIC FUNDS

$64,137 $9,241 $73,378

$64,137 $9,241 $73,378

$64,137 $9,241 $73,378

$64,137 $9,241 $73,378

379.5 Reduce funds from operations.

State Motor Fuel Funds

($30,000)

($30,000)

($30,000)

($30,000)

379.0Data Collection, Compliance and Reporting

Appropriation (HB 95)

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 State Motor Fuel Funds State General Funds
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Sales and Services

$4,498,398 $3,599,813
$898,585 $8,270,257 $8,270,257
$62,257 $62,257

$4,498,398 $3,599,813
$898,585 $8,270,257 $8,270,257
$62,257 $62,257

$4,498,398 $3,599,813
$898,585 $8,270,257 $8,270,257
$62,257 $62,257

$4,498,398 $3,599,813
$898,585 $8,270,257 $8,270,257
$62,257 $62,257

4804

JOURNAL OF THE HOUSE

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$62,257 $12,830,912

$62,257 $12,830,912

$62,257 $12,830,912

$62,257 $12,830,912

Departmental Administration

Continuation Budget

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 State Motor Fuel Funds State General Funds
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$59,232,851 $59,232,851
$0 $9,533,343 $9,533,343
$898,970 $898,970 $898,970 $69,665,164

$59,232,851 $59,232,851
$0 $9,533,343 $9,533,343
$898,970 $898,970 $898,970 $69,665,164

$59,232,851 $59,232,851
$0 $9,533,343 $9,533,343
$898,970 $898,970 $898,970 $69,665,164

$59,232,851 $59,232,851
$0 $9,533,343 $9,533,343
$898,970 $898,970 $898,970 $69,665,164

380.1 Annualize the cost of the FY07 salary adjustment.

State Motor Fuel Funds

$516,809

$516,809

$516,809

$516,809

380.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State Motor Fuel Funds

$778,864

$778,864

$778,864

$778,864

380.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State Motor Fuel Funds

$2,009,287

$2,009,287

$2,009,287

$2,009,287

380.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State Motor Fuel Funds

$554,927

$554,927

$554,927

$554,927

380.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State Motor Fuel Funds

$113,856

$113,856

$113,856

$113,856

380.6 Increase funds to annualize the FY07 GBA rate increase.

State Motor Fuel Funds

$518,348

$518,348

$518,348

$518,348

FRIDAY, APRIL 20, 2007

4805

380.7 Reduce funds from operations.

State Motor Fuel Funds

($138,000)

($138,000)

380.8 Increase funds for the required motor fuel tax state match for increased FHWA funds.

State Motor Fuel Funds Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS

$286,788 $1,306,480 $1,593,268

$286,788 $1,306,480 $1,593,268

($138,000)
$286,788 $1,306,480 $1,593,268

($138,000)
$286,788 $1,306,480 $1,593,268

380.0Departmental Administration

Appropriation (HB 95)

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 State Motor Fuel Funds
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$63,873,730 $63,873,730 $10,839,823 $10,839,823
$898,970 $898,970 $898,970 $75,612,523

$63,873,730 $63,873,730 $10,839,823 $10,839,823
$898,970 $898,970 $898,970 $75,612,523

$63,873,730 $63,873,730 $10,839,823 $10,839,823
$898,970 $898,970 $898,970 $75,612,523

$63,873,730 $63,873,730 $10,839,823 $10,839,823
$898,970 $898,970 $898,970 $75,612,523

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 State Motor Fuel Funds State General Funds
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$150,438,889 $150,438,889
$0 $69,658,670 $69,658,670
$595,233 $595,233 $595,233 $220,692,792

$150,438,889 $150,438,889
$0 $69,658,670 $69,658,670
$595,233 $595,233 $595,233 $220,692,792

$150,438,889 $150,438,889
$0 $69,658,670 $69,658,670
$595,233 $595,233 $595,233 $220,692,792

$150,438,889 $150,438,889
$0 $69,658,670 $69,658,670
$595,233 $595,233 $595,233 $220,692,792

4806

JOURNAL OF THE HOUSE

381.1 Annualize the cost of the FY07 salary adjustment.

State Motor Fuel Funds

$278,075

$278,075

$278,075

$278,075

381.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State Motor Fuel Funds

$505,689

$505,689

$505,689

$505,689

381.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State Motor Fuel Funds

$1,067,617

$1,067,617

$1,067,617

$1,067,617

381.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State Motor Fuel Funds

$346,481

$346,481

$346,481

$346,481

381.5 Reduce funds from operations.

State Motor Fuel Funds

($214,000)

($214,000)

($214,000)

($214,000)

381.6 Eliminate one-time funds received in HB1027 (FY07) for signage for tourism in the northeast Georgia mountains.

State Motor Fuel Funds

($100,000)

($100,000)

($100,000)

($100,000)

381.7 Reduce funds from the Local Assistance Road Program (LARP) from $67.9 million to $60 million.

State Motor Fuel Funds

($7,900,000) ($7,900,000) ($7,900,000) ($7,900,000)

381.8 Reduce funds from State Fund Construction - Off System from $34 million to $27 million.

State Motor Fuel Funds

($7,000,000) ($7,000,000) ($7,000,000) ($7,000,000)

381.9 Reduce funds from State Fund Construction - Most Needed from $23,000,000 to $20,787,879.

State Motor Fuel Funds

($1,327,273) ($1,327,273) ($1,327,273) ($1,327,273)

381.10 Increase funds for LARP ($5,000,000), the beautification of the city of Johns Creek ($500,000) and road work in the city of Milton ($500,000). (CC:Increase funds for LARP)

State General Funds

$6,000,000

$0

$5,000,000

381.0Local Road Assistance

Appropriation (HB 95)

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 State Motor Fuel Funds

$136,095,478 $142,095,478 $136,095,478 $141,095,478 $136,095,478 $136,095,478 $136,095,478 $136,095,478

FRIDAY, APRIL 20, 2007

4807

State General Funds TOTAL FEDERAL FUNDS
Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$69,658,670 $69,658,670
$595,233 $595,233 $595,233 $206,349,381

$6,000,000 $69,658,670 $69,658,670
$595,233 $595,233 $595,233 $212,349,381

$69,658,670 $69,658,670
$595,233 $595,233 $595,233 $206,349,381

$5,000,000 $69,658,670 $69,658,670
$595,233 $595,233 $595,233 $211,349,381

Ports and Waterways

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$1,160,783 $1,160,783 $1,160,783

$1,160,783 $1,160,783 $1,160,783

$1,160,783 $1,160,783 $1,160,783

$1,160,783 $1,160,783 $1,160,783

382.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$1,637

$1,637

$1,637

$1,637

382.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$3,928

$3,928

$3,928

$3,928

382.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$8,389

$8,389

$8,389

$8,389

382.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$1,232

$1,232

$1,232

$1,232

382.5 Increase funds for a property tax increase ($147,433) and legal fees ($500,000) for the Savannah Harbor dredge disposal area in Jasper County, South Carolina.

State General Funds

$647,433

$647,433

$647,433

$647,433

382.6 Eliminate funds for vector control for Chatham County dredge disposal areas whose routine maintenance is the responsibility of the Army Corps of Engineers.

State General Funds

($300,000)

($300,000)

($300,000)

($300,000)

4808

JOURNAL OF THE HOUSE

382.0Ports and Waterways

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$1,523,402 $1,523,402 $1,523,402

$1,523,402 $1,523,402 $1,523,402

$1,523,402 $1,523,402 $1,523,402

$1,523,402 $1,523,402 $1,523,402

Rail

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$184,369 $184,369
$88,239 $88,239 $88,239 $272,608

$184,369 $184,369
$88,239 $88,239 $88,239 $272,608

$184,369 $184,369
$88,239 $88,239 $88,239 $272,608

$184,369 $184,369
$88,239 $88,239 $88,239 $272,608

383.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$2,461

$2,461

$2,461

$2,461

383.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$3,271

$3,271

$3,271

$3,271

383.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$6,986

$6,986

$6,986

$6,986

383.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$2,464

$2,464

$2,464

$2,464

383.5 Eliminate one-time funds received in HB1027 (FY07) for an implementation study for freight and passenger rail modernization along the I-85 freight corridor.

State General Funds

($75,000)

($75,000)

($75,000)

($75,000)

383.6 Increase funds for operations.

FRIDAY, APRIL 20, 2007

4809

State General Funds

$172,932

$172,932

383.7 Increase funds to match CSX's investment for rail improvements in Waycross. (S and CC:See bonds)

State General Funds

$1,500,000

$172,932 $0

$172,932 $0

383.0 Rail

Appropriation (HB 95)

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$297,483 $297,483
$88,239 $88,239 $88,239 $385,722

$1,797,483 $1,797,483
$88,239 $88,239 $88,239 $1,885,722

$297,483 $297,483
$88,239 $88,239 $88,239 $385,722

$297,483 $297,483
$88,239 $88,239 $88,239 $385,722

State Highway System Construction and Improvement

The purpose of this appropriation is to ensure a safe and efficient transportation system.

TOTAL STATE FUNDS State Motor Fuel Funds State General Funds
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$185,749,276 $185,749,276
$0 $875,644,270 $875,644,270
$165,000 $165,000 $165,000 $1,061,558,546

Continuation Budget

$185,749,276 $185,749,276
$0 $875,644,270 $875,644,270
$165,000 $165,000 $165,000 $1,061,558,546

$185,749,276 $185,749,276
$0 $875,644,270 $875,644,270
$165,000 $165,000 $165,000 $1,061,558,546

$185,749,276 $185,749,276
$0 $875,644,270 $875,644,270
$165,000 $165,000 $165,000 $1,061,558,546

384.1 Annualize the cost of the FY07 salary adjustment.

State Motor Fuel Funds

$883,161

$883,161

$883,161

$883,161

384.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State Motor Fuel Funds

$1,530,770

$1,530,770

$1,530,770

$1,530,770

4810

JOURNAL OF THE HOUSE

384.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State Motor Fuel Funds

$3,377,026

$3,377,026

$3,377,026

$3,377,026

384.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State Motor Fuel Funds

$1,035,259

$1,035,259

$1,035,259

$1,035,259

384.5 Increase funds to reflect the cost of the current employer share of the State Health Benefit Plan premiums.

State Motor Fuel Funds

$1,488,720

$1,488,720

$1,488,720

$1,488,720

384.6 Increase funds for operations.

State Motor Fuel Funds

$130,100

$130,100

$130,100

$130,100

384.7 Increase funds for the required motor fuel tax state match for increased FHWA funds.

State Motor Fuel Funds Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS

$95,075,682 $163,106,761 $258,182,443

$95,075,682 $163,106,761 $258,182,443

$91,658,482 $157,244,395 $248,902,877

$91,658,482 $157,244,395 $248,902,877

384.8 Reduce funds from State Fund Construction - Most Needed from $23,000,000 to $20,787,879. (S:Reduce funds from State Fund Construction - Most Needed from $23,000,000 to $20,187,879)

State Motor Fuel Funds

($884,848)

($884,848)

($884,848)

($884,848)

384.9 Increase State Motor Fuel funds for State Fund Construction - On System recommended in the FY07 Amended Governor's Recommendation to help advance construction projects in the state transportation improvement program (STIP) ($53,538,176). (S:YES)

State Motor Fuel Funds

$0

$0

384.10 Increase State Motor Fuel funds to replace eight facilities recommended in the FY07 Amended Governor's Recommendation that have exceeded their useful life and for which the cost of renovation exceeds the cost of replacement structures: $500,000 each for 5 routine maintenance buildings (Nahunta, Eatonton, Louisville, Richmond Hill, and Woodbine), $750,000 for the area office in LaGrange, $650,000 for the area office in Milledgeville, and $1,200,000 for the special forces building in Sparta which houses regional quick response crews. (S:YES)

State Motor Fuel Funds

$0

$0

384.99 CC: The purpose of this appropriation is to ensure a safe and efficient transportation system and provide the necessary resources to accelerate the surplus property disposal process. Senate: The purpose of this appropriation is to ensure a safe and efficient transportation system and provide the necessary resources to accelerate the surplus property disposal process.

FRIDAY, APRIL 20, 2007

4811

State General Funds

$0

$0

384.0State Highway System Construction and Improvement

Appropriation (HB 95)

The purpose of this appropriation is to ensure a safe and efficient transportation system and provide the necessary resources to accelerate the surplus property disposal process.

TOTAL STATE FUNDS State Motor Fuel Funds
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$288,385,146 $288,385,146 $1,038,751,031 $1,038,751,031
$165,000 $165,000 $165,000 $1,327,301,177

$288,385,146 $288,385,146 $1,038,751,031 $1,038,751,031
$165,000 $165,000 $165,000 $1,327,301,177

$284,967,946 $284,967,946 $1,032,888,665 $1,032,888,665
$165,000 $165,000 $165,000 $1,318,021,611

$284,967,946 $284,967,946 $1,032,888,665 $1,032,888,665
$165,000 $165,000 $165,000 $1,318,021,611

State Highway System Maintenance

The purpose of this appropriation is to coordinate all statewide maintenance activities.

TOTAL STATE FUNDS State Motor Fuel Funds
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$178,417,269 $178,417,269 $153,104,852 $153,104,852
$642,602 $642,602 $642,602 $332,164,723

Continuation Budget

$178,417,269 $178,417,269 $153,104,852 $153,104,852
$642,602 $642,602 $642,602 $332,164,723

$178,417,269 $178,417,269 $153,104,852 $153,104,852
$642,602 $642,602 $642,602 $332,164,723

$178,417,269 $178,417,269 $153,104,852 $153,104,852
$642,602 $642,602 $642,602 $332,164,723

385.1 Annualize the cost of the FY07 salary adjustment.

State Motor Fuel Funds

$1,130,535

$1,130,535

$1,130,535

$1,130,535

385.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State Motor Fuel Funds

$2,326,113

$2,326,113

$2,326,113

$2,326,113

4812

JOURNAL OF THE HOUSE

385.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State Motor Fuel Funds

$4,511,989

$4,511,989

$4,511,989

$4,511,989

385.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State Motor Fuel Funds

$1,838,370

$1,838,370

$1,838,370

$1,838,370

385.5 Increase funds for operations.

State Motor Fuel Funds

$169,400

$169,400

$169,400

$169,400

385.0State Highway System Maintenance

The purpose of this appropriation is to coordinate all statewide maintenance activities.

TOTAL STATE FUNDS State Motor Fuel Funds
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$188,393,676 $188,393,676 $153,104,852 $153,104,852
$642,602 $642,602 $642,602 $342,141,130

Appropriation (HB 95)

$188,393,676 $188,393,676 $153,104,852 $153,104,852
$642,602 $642,602 $642,602 $342,141,130

$188,393,676 $188,393,676 $153,104,852 $153,104,852
$642,602 $642,602 $642,602 $342,141,130

$188,393,676 $188,393,676 $153,104,852 $153,104,852
$642,602 $642,602 $642,602 $342,141,130

State Highway System Operations

Continuation Budget

The purpose of this appropriation is to ensure a safe and efficient transportation system statewide by traffic engineering and traffic

management.

TOTAL STATE FUNDS State Motor Fuel Funds
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$22,669,984 $22,669,984 $35,670,542 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $62,366,766

$22,669,984 $22,669,984 $35,670,542 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $62,366,766

$22,669,984 $22,669,984 $35,670,542 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $62,366,766

$22,669,984 $22,669,984 $35,670,542 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $62,366,766

386.1 Annualize the cost of the FY07 salary adjustment.

FRIDAY, APRIL 20, 2007

4813

State Motor Fuel Funds

$278,453

$278,453

$278,453

$278,453

386.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State Motor Fuel Funds

$482,404

$482,404

$482,404

$482,404

386.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State Motor Fuel Funds

$1,098,379

$1,098,379

$1,098,379

$1,098,379

386.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State Motor Fuel Funds

$362,515

$362,515

$362,515

$362,515

386.5 Increase funds to reflect the full cost of the current employer share of the State Health Benefit Plan (SHBP) premiums.

State Motor Fuel Funds

$711,020

$711,020

$711,020

$711,020

386.6 Increase funds for operations.

State Motor Fuel Funds

$82,500

$82,500

$82,500

$82,500

386.0State Highway System Operations

Appropriation (HB 95)

The purpose of this appropriation is to ensure a safe and efficient transportation system statewide by traffic engineering and traffic management.

TOTAL STATE FUNDS State Motor Fuel Funds
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$25,685,255 $25,685,255 $35,670,542 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $65,382,037

$25,685,255 $25,685,255 $35,670,542 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $65,382,037

$25,685,255 $25,685,255 $35,670,542 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $65,382,037

$25,685,255 $25,685,255 $35,670,542 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $65,382,037

Transit

Continuation Budget

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 State General Funds

$6,967,660 $6,967,660

$6,967,660 $6,967,660

$6,967,660 $6,967,660

$6,967,660 $6,967,660

4814

JOURNAL OF THE HOUSE

TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$18,629,445 $18,629,445
$2,000 $2,000 $2,000 $25,599,105

$18,629,445 $18,629,445
$2,000 $2,000 $2,000 $25,599,105

$18,629,445 $18,629,445
$2,000 $2,000 $2,000 $25,599,105

$18,629,445 $18,629,445
$2,000 $2,000 $2,000 $25,599,105

387.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$6,653

$6,653

$6,653

$6,653

387.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$14,524

$14,524

$14,524

$14,524

387.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$31,017

$31,017

$31,017

$31,017

387.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$7,392

$7,392

$7,392

$7,392

387.5 Increase funds for the administration of the intermodal programs.

State General Funds

$472,693

$472,693

$472,693

$472,693

387.0 Transit

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$7,499,939 $7,499,939 $18,629,445 $18,629,445
$2,000 $2,000 $2,000 $26,131,384

$7,499,939 $7,499,939 $18,629,445 $18,629,445
$2,000 $2,000 $2,000 $26,131,384

$7,499,939 $7,499,939 $18,629,445 $18,629,445
$2,000 $2,000 $2,000 $26,131,384

$7,499,939 $7,499,939 $18,629,445 $18,629,445
$2,000 $2,000 $2,000 $26,131,384

FRIDAY, APRIL 20, 2007

4815

Payments to the State Road and Tollway Authority

Continuation Budget

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 State Motor Fuel Funds State General Funds
TOTAL PUBLIC FUNDS

$46,998,853 $46,998,853
$0 $46,998,853

$46,998,853 $46,998,853
$0 $46,998,853

$46,998,853 $46,998,853
$0 $46,998,853

$46,998,853 $46,998,853
$0 $46,998,853

388.1 Increase funds to reflect the increase in the debt service schedule from $46,998,853 to $53,859,065 for guaranteed revenue bonds, applying $6,060,085 in realized interest earnings at the State Road and Tollway Authority to reduce the Department's payment.

State Motor Fuel Funds

$800,127

$800,127

$800,127

$800,127

388.2 Utilize existing funds to construct a sound barrier along the south end of GA 400. (S:YES)(CC:Use existing toll money)

State Motor Fuel Funds State General Funds

$0

$0

$400,000

388.0Payments to the State Road and Tollway Authority

Appropriation (HB 95)

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 State Motor Fuel Funds State General Funds
TOTAL PUBLIC FUNDS

$47,798,980 $47,798,980
$47,798,980

$48,198,980 $47,798,980
$400,000 $48,198,980

$47,798,980 $47,798,980
$47,798,980

$47,798,980 $47,798,980
$47,798,980

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 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 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

4816

JOURNAL OF THE HOUSE

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. 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.

Section 47: Veterans Service, Department of

Section Total - Continuation

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$23,145,033 $23,145,033 $10,969,879 $10,969,879 $34,114,912

$23,145,033 $23,145,033 $10,969,879 $10,969,879 $34,114,912

$23,145,033 $23,145,033 $10,969,879 $10,969,879 $34,114,912

$23,145,033 $23,145,033 $10,969,879 $10,969,879 $34,114,912

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$25,161,170 $25,161,170 $11,919,879 $11,919,879 $37,081,049

Section Total - Final

$25,304,170 $25,304,170 $11,919,879 $11,919,879 $37,224,049

$24,502,387 $24,502,387 $11,919,879 $11,919,879 $36,422,266

$25,286,306 $25,286,306 $11,919,879 $11,919,879 $37,206,185

Departmental Administration

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$664,624 $664,624 $664,624

$664,624 $664,624 $664,624

$664,624 $664,624 $664,624

$664,624 $664,624 $664,624

389.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$4,236

$4,236

$4,236

389.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

$4,236

FRIDAY, APRIL 20, 2007

4817

State General Funds

$8,312

$8,312

$8,312

$8,312

389.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$14,191

$14,191

$14,191

$14,191

389.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$1,297

$1,297

$1,297

$1,297

389.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$2,925

$2,925

$2,925

$2,925

389.6 Increase funds for repairs of the electrical system in the Wheeler building. (S:Transfer to the Georgia War Veterans Nursing

Home

-

Milledgeville

program)

[One-Time

Change]

Sites: Georgia War Veterans Nursing Home, Milledgeville

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$507,500

$507,500

$0

$0

$942,500

$942,500

$0

$0

$1,450,000

$1,450,000

$0

$0

389.0Departmental Administration

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$1,203,085 $1,203,085
$942,500 $942,500 $2,145,585

$1,203,085 $1,203,085
$942,500 $942,500 $2,145,585

$695,585 $695,585
$695,585

$695,585 $695,585
$695,585

Georgia Veterans Memorial Cemetery

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS

$406,183 $406,183
$36,554

$406,183 $406,183
$36,554

$406,183 $406,183
$36,554

$406,183 $406,183
$36,554

4818

JOURNAL OF THE HOUSE

Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$36,554 $442,737

$36,554 $442,737

$36,554 $442,737

$36,554 $442,737

390.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$2,647

$2,647

$2,647

$2,647

390.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$7,656

$7,656

$7,656

$7,656

390.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$13,071

$13,071

$13,071

$13,071

390.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$1,573

$1,573

$1,573

$1,573

390.5 Increase funds to annualize the cost of the Glennville cemetery.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$134,892 $7,500
$142,392

$134,892 $7,500
$142,392

$134,892 $7,500
$142,392

$134,892 $7,500
$142,392

390.0Georgia Veterans Memorial Cemetery

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$566,022 $566,022
$44,054 $44,054 $610,076

$566,022 $566,022
$44,054 $44,054 $610,076

$566,022 $566,022
$44,054 $44,054 $610,076

$566,022 $566,022
$44,054 $44,054 $610,076

Georgia War Veterans Nursing Home - Augusta

Continuation Budget

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 State General Funds

$4,935,539 $4,935,539

$4,935,539 $4,935,539

$4,935,539 $4,935,539

$4,935,539 $4,935,539

FRIDAY, APRIL 20, 2007

4819

TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$3,104,750 $3,104,750 $8,040,289

$3,104,750 $3,104,750 $8,040,289

$3,104,750 $3,104,750 $8,040,289

$3,104,750 $3,104,750 $8,040,289

391.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$50,103

$50,103

$50,103

$50,103

391.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$56,727

$56,727

$56,727

$56,727

391.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$96,848

$96,848

$96,848

$96,848

391.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$37,106

$37,106

$37,106

$37,106

391.5 Increase funds to offset rising healthcare costs. (S:Funded in HB94 - FY07A)

State General Funds

$783,919

$783,919

$0

$783,919

391.0Georgia War Veterans Nursing Home - Augusta

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$5,960,242 $5,960,242 $3,104,750 $3,104,750 $9,064,992

$5,960,242 $5,960,242 $3,104,750 $3,104,750 $9,064,992

$5,176,323 $5,176,323 $3,104,750 $3,104,750 $8,281,073

$5,960,242 $5,960,242 $3,104,750 $3,104,750 $9,064,992

Georgia War Veterans Nursing Home - Milledgeville

Continuation Budget

The purpose of this appropriation is to provide both skilled nursing and domiciliary care to aged and infirmed Georgia war veterans.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS

$11,368,113 $11,368,113 $7,225,135

$11,368,113 $11,368,113 $7,225,135

$11,368,113 $11,368,113 $7,225,135

$11,368,113 $11,368,113 $7,225,135

4820

JOURNAL OF THE HOUSE

Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$7,225,135 $18,593,248

$7,225,135 $18,593,248

$7,225,135 $18,593,248

$7,225,135 $18,593,248

392.1 Eliminate one-time costs for five replacement hospital beds.

State General Funds

($8,825)

($8,825)

($8,825)

($8,825)

392.2 Increase funds for operations.

State General Funds

$143,000

$143,000

$143,000

392.3 Increase funds for repairs of the electrical system in the Wheeler building. (S:Transfer Governor's Recommendation from the Departmental Administration program) [One-Time Change]

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$507,500 $942,500 $1,450,000

$507,500 $942,500 $1,450,000

392.0Georgia War Veterans Nursing Home - Milledgeville

Appropriation (HB 95)

The purpose of this appropriation is to provide both skilled nursing and domiciliary care to aged and infirmed Georgia war veterans.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$11,359,288 $11,359,288 $7,225,135 $7,225,135 $18,584,423

$11,502,288 $11,502,288 $7,225,135 $7,225,135 $18,727,423

$12,009,788 $12,009,788 $8,167,635 $8,167,635 $20,177,423

$12,009,788 $12,009,788 $8,167,635 $8,167,635 $20,177,423

Veterans Benefits

Continuation Budget

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$5,770,574 $5,770,574
$603,440 $603,440 $6,374,014

$5,770,574 $5,770,574
$603,440 $603,440 $6,374,014

$5,770,574 $5,770,574
$603,440 $603,440 $6,374,014

$5,770,574 $5,770,574
$603,440 $603,440 $6,374,014

393.1 Annualize the cost of the FY07 salary adjustment.

FRIDAY, APRIL 20, 2007

4821

State General Funds

$46,064

$46,064

$46,064

$46,064

393.2 Increase funds for a salary adjustment of 3% effective January 1, 2008 and for market adjustments (.5%).

State General Funds

$87,850

$87,850

$87,850

$87,850

393.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$149,983

$149,983

$149,983

$149,983

393.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$13,280

$13,280

$13,280

$13,280

393.5 Increase funds for a Georgia Building Authority (GBA) rate change.

State General Funds

$4,782

$4,782

$4,782

$4,782

393.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($7,143) for Voice Over Internet Protocol (VoIP) technology. (G:YES)(H:YES)

State General Funds

$0

$0

($7,193)

($7,193)

393.97 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to utilize funds ($10,671) for a rental increase in thirteen veteran service offices. (G:YES)(H:YES)

State General Funds

$0

$0

($10,671)

($10,671)

393.0Veterans Benefits

Appropriation (HB 95)

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$6,072,533 $6,072,533
$603,440 $603,440 $6,675,973

$6,072,533 $6,072,533
$603,440 $603,440 $6,675,973

$6,054,669 $6,054,669
$603,440 $603,440 $6,658,109

$6,054,669 $6,054,669
$603,440 $603,440 $6,658,109

Section 48: Workers' Compensation, State Board of

Section Total - Continuation

4822

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$16,100,599 $16,100,599
$120,000 $120,000 $16,220,599
$17,308,389 $17,308,389 $17,308,389

$16,100,599 $16,100,599
$120,000 $120,000 $16,220,599

$16,100,599 $16,100,599
$120,000 $120,000 $16,220,599

Section Total - Final

$17,308,389 $17,308,389 $17,308,389

$17,268,050 $17,268,050 $17,268,050

$16,100,599 $16,100,599
$120,000 $120,000 $16,220,599
$17,268,050 $17,268,050 $17,268,050

Administer the Workers' Compensation Laws

Continuation Budget

The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation

law.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$9,901,446 $9,901,446 $9,901,446

$9,901,446 $9,901,446 $9,901,446

$9,901,446 $9,901,446 $9,901,446

$9,901,446 $9,901,446 $9,901,446

394.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$85,156

$85,156

$85,156

$85,156

394.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$336,989

$336,989

$336,989

$336,989

394.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$431,757

$431,757

$431,757

$431,757

394.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$56,544

$56,544

$56,544

$56,544

394.5 Increase funds to obtain additional space for alternative dispute resolution hearings.

State General Funds

$12,189

$12,189

$12,189

$12,189

FRIDAY, APRIL 20, 2007

4823

394.6 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to increase funds for operations.

State General Funds

$18,236

$18,236

$0

$0

394.96 Realize Commission for a New Georgia (CNG) savings through the E-Procurement initiative to utilize funds ($22,103) for operations. (G:YES)(H:YES)

State General Funds

$0

$0

($22,103)

($22,103)

394.0Administer the Workers' Compensation Laws

Appropriation (HB 95)

The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$10,842,317 $10,842,317 $10,842,317

$10,842,317 $10,842,317 $10,842,317

$10,801,978 $10,801,978 $10,801,978

$10,801,978 $10,801,978 $10,801,978

Board Administration

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$6,199,153 $6,199,153
$120,000 $120,000 $120,000 $6,319,153

$6,199,153 $6,199,153
$120,000 $120,000 $120,000 $6,319,153

$6,199,153 $6,199,153
$120,000 $120,000 $120,000 $6,319,153

$6,199,153 $6,199,153
$120,000 $120,000 $120,000 $6,319,153

395.1 Annualize the cost of the FY07 salary adjustment.

State General Funds

$17,359

$17,359

$17,359

$17,359

395.2 Increase funds for a salary adjustment of 3% effective January 1, 2008, for market adjustments (.5%), and for supplemental salary adjustments for employees in specified critical jobs.

State General Funds

$22,765

$22,765

$22,765

$22,765

395.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums from 16.713% to 22.843%.

State General Funds

$58,754

$58,754

$58,754

$58,754

4824

JOURNAL OF THE HOUSE

395.4 Increase funds to reflect an adjustment in Workers' Compensation Premiums.

State General Funds

$7,833

$7,833

$7,833

$7,833

395.5 Utilize existing funds for the leasing of three copiers. (G:YES)(H:YES)(S:Approval not required by the General Assembly)

State General Funds

$0

$0

$0

$0

395.6 Increase funds for real estate rents and obtain additional space for alternative dispute resolution hearings.

State General Funds

$178,444

$178,444

$178,444

$178,444

395.7 Utilize existing funds for the storage of claim files archived at the Secretary of State's Records Center. (G:YES)(H:YES)(S:Approval not required by the General Assembly)

State General Funds

$0

$0

$0

$0

395.8 Reduce funds to reflect amount collected.

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($120,000) ($120,000)

($120,000) ($120,000)

($120,000) ($120,000)

($120,000) ($120,000)

395.9 Realize Georgia Technology Authority (GTA) savings through rate renegotiations to reduce funds from operations.

State General Funds

($18,236)

($18,236)

($18,236)

($18,236)

395.0Board Administration

Appropriation (HB 95)

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 State General Funds
TOTAL PUBLIC FUNDS

$6,466,072 $6,466,072 $6,466,072

$6,466,072 $6,466,072 $6,466,072

$6,466,072 $6,466,072 $6,466,072

$6,466,072 $6,466,072 $6,466,072

Section 49: State of Georgia General Obligation Debt Sinking Fund

Section Total - Continuation

TOTAL STATE FUNDS State Motor Fuel Funds State General Funds
TOTAL PUBLIC FUNDS

$867,362,477 $155,000,000 $712,362,477 $867,362,477

$867,362,477 $155,000,000 $712,362,477 $867,362,477

$867,362,477 $155,000,000 $712,362,477 $867,362,477

$867,362,477 $155,000,000 $712,362,477 $867,362,477

Section Total - Final

FRIDAY, APRIL 20, 2007

4825

TOTAL STATE FUNDS State Motor Fuel Funds State General Funds
TOTAL AGENCY FUNDS Reserved Fund Balances
TOTAL PUBLIC FUNDS
General Obligation Debt Sinking Fund - Issued

$954,125,401 $169,012,322 $785,113,079
$954,125,401

$945,203,687 $169,012,322 $776,191,365
$945,203,687

$944,721,433 $172,429,522 $772,291,911 $105,033,144 $105,033,144 $1,049,754,577

$945,356,685 $172,429,522 $772,927,163 $105,033,144 $105,033,144 $1,050,389,829

Continuation Budget

TOTAL STATE FUNDS State Motor Fuel Funds State General Funds
TOTAL PUBLIC FUNDS

$719,349,981 $155,000,000 $564,349,981 $719,349,981

$719,349,981 $155,000,000 $564,349,981 $719,349,981

$719,349,981 $155,000,000 $564,349,981 $719,349,981

$719,349,981 $155,000,000 $564,349,981 $719,349,981

396.1 Repeal the authorization in HB1181 (FY05) of $20,000,000 in 20-year bonds for the Department of Transportation. (S:5-Year Bonds)

State General Funds

($4,520,000) ($4,520,000) ($4,520,000) ($4,520,000)

396.2 Decrease debt service for existing obligation on issued bonds.

State General Funds

($7,436,244) ($7,436,244) ($7,436,244) ($7,436,244)

396.3 Deauthorize $2,000 in 20-year bonds for Board of Regents and $2,000 in 20-year bonds for Department of Technical and Adult Education.

State General Funds

($348)

($348)

($348)

($348)

396.4 Adjust debt service on the authorization in HB85 (FY06) of $2,500,000 in 20-year bonds for the Ports Authority.

State General Funds

$17,500

$17,500

$17,500

$17,500

396.5 Repeal the authorization in HB85 (FY06) of $20,000,000 in 20-year bonds for the Department of Transportation.

State Motor Fuel Funds

($4,520,000) ($4,520,000) ($4,520,000) ($4,520,000)

396.6 Utilize existing debt service to fund $70,000,000 in 20-year bonds for the Department of Transportation. (H and S:See item 397.205)

State Motor Fuel Funds

$5,980,100

$0

$0

$0

396.7 Increase debt service for existing obligation on issued bonds for the Department of Transportation.

State Motor Fuel Funds

$12,552,222 $12,552,222 $12,552,222 $12,552,222

4826

JOURNAL OF THE HOUSE

396.8 Transfer Funds from GO Bonds - New to GO Bonds - Issued to reflect the issuance of new bonds.

State General Funds

$148,012,496 $148,012,496 $148,012,496

396.9 Decrease debt service for existing obligation on issued bonds.

State General Funds

($3,913,125) ($3,913,125) ($3,913,125)

396.10 Decrease debt service to reflect the refunding of previously issued bonds at a more favorable interest rate.

State General Funds

($10,979,013) ($10,979,013) ($10,979,013)

396.11 Recognize reserves for authorized but not issued debt

General Obligation Debt Reserve-State General Funds General Obligation Debt Reserve-State Motor Fuel Funds TOTAL PUBLIC FUNDS

$67,648,144 $37,385,000 $105,033,144

$67,648,144 $37,385,000 $105,033,144

396.12 Recognize General Obligation Debt Reserves (State General Funds Reserve of $50,431,047 and Motor Fuel Funds Reserve of $5,895,816) and utilize State General Funds Reserve of $37,008,874 and Motor Fuel Funds Reserve of $5,895,816 for existing obligations. (CC:Recognize prefunded debt service)

State General Funds General Obligation Debt Reserve-State General Funds General Obligation Debt Reserve-State Motor Fuel Funds TOTAL PUBLIC FUNDS

($13,422,173) $0 $0
($13,422,173)

($13,422,173) $0 $0
($13,422,173)

396.13 Reprogram bond funds for the St. Mary's railroad to the Southeast Georgia Joint Development Authority in Wayne County for side tracks to enable trains to pass ($1,050,000). (S:YES)(CC:YES)

State General Funds

$0

$0

396.14 Reprogram existing bond funds for Lovejoy to the Brain Train rail project ($1,500,000). (S:YES)(CC:YES)

State General Funds

$0

$0

Education, Department of
396.15 K - 12 Equipment: $0 in principal for 5 years at 4.5%: Authorize the Georgia State Financing and Investment Commission to redirect $11 million - the balance of $468 million approved April 24, 2001 as House Bill 139, Act No. 212 for public school capital outlay - for the purchase of vocational and agricultural equipment for new schools. (S:YES)(CC:YES)

State General Funds

$0

$0

396.0General Obligation Debt Sinking Fund - Issued

Appropriation (HB 95)

FRIDAY, APRIL 20, 2007

4827

TOTAL STATE FUNDS State Motor Fuel Funds State General Funds
TOTAL AGENCY FUNDS Reserved Fund Balances General Obligation Debt Reserve-State General Funds General Obligation Debt Reserve-State Motor Fuel Funds
TOTAL PUBLIC FUNDS

$721,423,211 $169,012,322 $552,410,889
$721,423,211

$848,563,469 $163,032,222 $685,531,247
$848,563,469

$835,141,296 $163,032,222 $672,109,074 $105,033,144 $105,033,144 $67,648,144 $37,385,000 $940,174,440

$835,141,296 $163,032,222 $672,109,074 $105,033,144 $105,033,144 $67,648,144 $37,385,000 $940,174,440

General Obligation Debt Sinking Fund - New

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$148,012,496 $148,012,496 $148,012,496

$148,012,496 $148,012,496 $148,012,496

$148,012,496 $148,012,496 $148,012,496

$148,012,496 $148,012,496 $148,012,496

Criminal Justice

Corrections, Department of
397.101 Headquarters and Training Academy: $10,000,000 in principal for 20 years at 5.75%: Relocate the Headquarters and Training Academy.
From State General Funds, $854,300 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, $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$2,725,217

$2,725,217

$2,725,217

$854,300

Corrections, Department of
397.102 GDC multi-projects: $24,380,000 in principal for 20 years at 5.75%: Fund bed space expansion by 1024 beds.
From State General Funds, $2,082,783 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, $24,380,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$2,082,783

$2,082,783

$2,082,783

$2,082,783

Defense, Department of
397.103 Dobbins Headquarters: $3,070,000 in principal for 20 years at 5.75%: Increase State funds to match Federal funding to design, construct and equip the new Joint Headquarters at Dobbins.

4828

JOURNAL OF THE HOUSE

From State General Funds, $262,270 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, $3,070,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$262,270

$262,270

$262,270

$262,270

Investigation, Georgia Bureau of
397.104 Northwest Regional Crime Laboratory: $2,650,000 in principal for 20 years at 5.75%: Design, construct, and equip a new Summerville Medical Examiners Office and Morgue.
From State General Funds, $226,390 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, $2,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$226,390

$226,390

$226,390

$226,390

Juvenile Justice, Department of
397.105 DJJ Multi-Projects: $3,500,000 in principal for 5 years at 4.5%: Provide funds for Facility Repairs statewide.
From State General Funds, $798,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, $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

$798,000

Juvenile Justice, Department of
397.106 DJJ Multi-Projects: $5,000,000 in principal for 5 years at 4.5%: Provide funds for Minor Construction/ Renovations statewide.
From State General Funds, $1,140,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, $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

$1,140,000

$1,140,000

Juvenile Justice, Department of
397.107 Atlanta Area Youth Development Campus: $6,795,000 in principal for 20 years at 5.75%: Provide funds for conversion of a Department of Corrections facility for the Atlanta Area Youth Detention Center (YDC).
From State General Funds, $580,497 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, $6,795,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

FRIDAY, APRIL 20, 2007

4829

State General Funds

$580,497

$580,497

$580,497

$580,497

Public Safety, Department of
397.108 Public Safety Training Center: $1,700,000 in principal for 5 years at 4.5%: Repair the burn building and build a new apparatus for students at the Georgia Fire Academy.
From State General Funds, $387,600 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, $1,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$387,600

$387,600

Economic Development

Environmental Facilities Authority, Georgia
397.201 Local Government Infrastructure: $20,000,000 in principal for 20 years at 5.75%: Provide funds for the State Funded Water and Sewer Construction Loan Program.
From State General Funds, $1,708,600 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

$1,964,890

$1,964,890

$1,708,600

$1,708,600

Environmental Facilities Authority, Georgia
397.202 Local Government Infrastructure: $3,120,000 in principal for 20 years at 5.75%: Provide funds for the Clean Water State Revolving Loan Fund (SRF) Match Water and Sewer Construction Loan Program.
From State General Funds, $266,542 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 $3,120,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$266,542

$266,542

$266,542

$266,542

Environmental Facilities Authority, Georgia
397.203 Local Government Infrastructure: $4,880,000 in principal for 20 years at 5.75%: Provide funds for the Drinking Water SRF Match Water and Sewer Construction Loan Program.
From State General Funds, $416,898 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 $4,880,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$416,898

$416,898

$416,898

$416,898

Transportation, Department of
397.204 Savannah harbor: $6,575,000 in principal for 20 years at 5.75%: Provide funds for the Savannah Harbor Dike Disposal Area.
From State General Funds, $561,702 is specifically appropriated for the purpose of financing projects and facilities for the Department of

4830

JOURNAL OF THE HOUSE

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, $6,575,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$561,702

$0

$561,702

$561,702

Transportation, Department of
397.205 Fast Forward: $70,000,000 in principal for 20 years at 5.75%: Provide funds for the Fast Forward program statewide. (H and S:Transfer from the General Obligation Debt Sinking Fund-Issued program and use existing debt service to fund $70,000,000 in 20-year bonds for the Department of Transportation)
From State Motor Fuel Funds, $5,980,100 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, $70,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State Motor Fuel Funds

$0

$5,980,100

$5,980,100

$5,980,100

Financing and Investment Commission, Georgia State
397.206 Economic Development: $5,000,000 in principal for 20 years at 5.75%: Purchase land to develop a Research Park in Oconee County.
From State General Funds, $427,150 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, $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

Transportation, Department of
397.207 Rail Lines: $7,015,000 in principal for 20 years at 5.75%: Summerville - Rossville ($715,000); Midville to Vidalia ($4,800,000); Waycross ($1,500,000). (CC:Lyerly to Rossville - $3,000,000; Midville to Vidalia - $2,515,000; Waycross $1,500,000)
From State General Funds, $599,291 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, $7,015,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$599,291

$599,291

Transportation, Department of
397.208 Fast Forward: $40,000,000 in principal for 20 years at 5.75%: Buckhead, Midtown and Atlanta Downtown Community Improvement Districts Peachtree Corridor.
From State Motor Fuel Funds, $3,417,200 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,

FRIDAY, APRIL 20, 2007

4831

highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, $40,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State Motor Fuel Funds

$3,417,200

$3,417,200

Transportation, Department of
397.209 Visitor Information Centers / Welcome Centers: $2,000,000 in principal for 20 years at 5.75%: Construct a Welcome Center for Tallulah Falls on the Rabun County side.
From State General Funds, $170,860 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, $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

Ports Authority, Georgia
397.210 Ports Authority: $710,000 in principal for 5 years at 4.5%: Repair roofs at Brunswick Port Warehouse No.6 ($210,000) and purchase a conveyor($500,000).
From State General Funds, $161,880 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, $710,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$161,880

$161,880

Economic Development, Department of
397.211 Herty Advanced Materials Development Center: $2,000,000 in principal for 5 years at 4.5%: Repair and upgrade facilities and equipment.
From State General Funds, $456,000 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, $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

Education
Education, Department of
397.301 K - 12 Schools: $178,310,000 in principal for 20 years at 5.75%: Fund the Capital Outlay Program-Regular, for local school construction. (H and S:Fund at the $200 Million entitlement level.)
From State General Funds, $15,233,023 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 $178,310,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

4832

JOURNAL OF THE HOUSE

State General Funds

$13,785,412 $15,233,023 $15,233,023 $15,233,023

Education, Department of
397.302 K - 12 Schools: $143,505,000 in principal for 20 years at 5.75%: Fund the Capital Outlay Program-Exceptional Growth, for local school construction. (H and S:Fund at the $200 Million entitlement level.)
From State General Funds, $12,259,632 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 $143,505,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$10,589,476 $12,259,632 $12,259,632 $12,259,632

Education, Department of
397.303 K - 12 Schools: $122,100,000 in principal for 20 years at 5.75%: Fund the Capital Outlay Program-Regular Advance, for local school construction.
From State General Funds, $10,431,003 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 $122,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$10,431,003 $10,431,003 $10,431,003 $10,431,003

Education, Department of
397.304 K - 12 Schools: $10,250,000 in principal for 20 years at 5.75%: Fund the Capital Outlay Program-Low Wealth, for local school construction.
From State General Funds, $875,657 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 $10,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$875,657

$875,657

$875,657

$875,657

Education, Department of
397.305 K - 12 Schools: $8,000,000 in principal for 20 years at 5.75%: Design and construct a charter school to be operated by the Cobb County School System.
From State General Funds, $683,440 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 $8,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$683,440

$0

$683,440

Fiscal Management
Building Authority, Georgia
397.401 Pedestrian Plaza between Capitol and CLOB: $0 in principal for 20 years at 5.75%: Provide funds to close Mitchell Street for pedestrian plaza.

FRIDAY, APRIL 20, 2007

4833

State General Funds

$430,567

$0

$0

$0

Building Authority, Georgia
397.402 GBA multi-projects: $4,930,000 in principal for 20 years at 5.75%: Provide funds for Capitol Hill Buildings Facade Restorations.
From State General Funds, $421,170 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, $4,930,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$421,170

$421,170

$421,170

$421,170

Building Authority, Georgia
397.403 State Capitol: $2,000,000 in principal for 20 years at 5.75%: Provide funds for the Capitol Building Interior Renovations.
From State General Funds, $170,860 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, $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

$170,860

Revenue, Department of
397.404 Tax System: $7,000,000 in principal for 5 years at 4.5%: Continue implementation of Integrated Tax System.
From State General Funds, $1,596,000 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, $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$1,596,000

$1,596,000

$1,596,000

$1,596,000

Revenue, Department of
397.405 Tax System: $4,000,000 in principal for 5 years at 4.5%: Develop and implement an Enterprise Data Warehouse.
From State General Funds, $912,000 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, $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$912,000

$0

$912,000

$912,000

Building Authority, Georgia
397.406 GBA multi-projects: $3,000,000 in principal for 20 years at 5.75%: Repairs and renovations for the Governor's Mansion.
From State General Funds, $256,290 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, $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

4834

JOURNAL OF THE HOUSE

State General Funds

$256,290

$256,290

Higher Education

University System of Georgia, Board of Regents
397.501 Regents: $42,500,000 in principal for 20 years at 5.75%: Fund major repairs and rehabilitation.
From State General Funds, $3,630,775 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, $42,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$3,630,775

$3,630,775

$3,630,775

$3,630,775

University System of Georgia, Board of Regents
397.502 Georgia College and State University: $1,000,000 in principal for 5 years at 4.5%: Purchase equipment for Parks Nursing Center, Georgia College and State University, Milledgeville, Baldwin County.
From State General Funds, $228,000 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, $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

$228,000

University System of Georgia, Board of Regents
397.503 State University of West Georgia: $3,000,000 in principal for 5 years at 4.5%: Purchase equipment for Health, Wellness, Lifelong Learning Center.
From State General Funds, $684,000 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, $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

$684,000

University System of Georgia, Board of Regents
397.504 North Georgia College and State University: $2,000,000 in principal for 5 years at 4.5%: Purchase equipment for the Library and Technology Center.
From State General Funds, $456,000 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, $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

$456,000

University System of Georgia, Board of Regents

FRIDAY, APRIL 20, 2007

4835

397.505 Savannah State College: $12,700,000 in principal for 20 years at 5.75%: Construct an Academic Classroom Building.
From State General Funds, $1,084,961 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, $12,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$1,084,961

$0

$1,084,961

$1,084,961

University System of Georgia, Board of Regents
397.506 Macon State College: $22,200,000 in principal for 20 years at 5.75%: Design and construct the Professional Sciences Center.
From State General Funds, $1,896,546 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, $22,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$1,896,546

$0

$1,896,546

$1,896,546

University System of Georgia, Board of Regents
397.507 Fort Valley State University: $16,800,000 in principal for 20 years at 5.75%: Design and construct the Academic Classroom Building.
From State General Funds, $1,435,224 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, $16,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$1,435,224

$1,435,224

$1,435,224

$1,435,224

University System of Georgia, Board of Regents
397.508 University of Georgia: $37,205,000 in principal for 20 years at 5.75%: Design and construct the College of Pharmacy.
From State General Funds, $3,178,423 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, $37,205,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$3,178,423

$3,178,423

$3,178,423

$3,178,423

University System of Georgia, Board of Regents
397.509 Kennesaw State University: $42,500,000 in principal for 20 years at 5.75%: Design and construct the Health Sciences Building.
From State General Funds, $3,630,775 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, $42,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

4836

JOURNAL OF THE HOUSE

State General Funds

$3,630,775

$3,630,775

$3,630,775

$3,630,775

University System of Georgia, Board of Regents
397.510 Georgia Gwinnett College: $28,300,000 in principal for 20 years at 5.75%: Design and construct a Library, Georgia Gwinnett College.
From State General Funds, $2,417,669 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, $28,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$2,417,669

$2,417,669

$2,417,669

$2,417,669

University System of Georgia, Board of Regents
397.511 Traditional Industries and Research Alliance - Regents: $19,000,000 in principal for 5 years at 4.5%: Fund major research and development equipment for Georgia Research Alliance at the University of Georgia, Georgia Technology University, Medical College of Georgia, Georgia State University, Emory University, and Clark Atlanta.
From State General Funds, $4,332,000 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, $19,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$4,332,000

$4,332,000

$4,332,000

$4,332,000

University System of Georgia, Board of Regents
397.512 Traditional Industries and Research Alliance - Regents: $900,000 in principal for 5 years at 4.5%: Purchase equipment for ongoing Traditional Industries Program (TIP).
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, $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

$0

$205,200

$205,200

University System of Georgia, Board of Regents
397.513 Macon State College: $5,000,000 in principal for 20 years at 5.75%: Design and construct the Warner Robins Academic Building I.
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, $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

FRIDAY, APRIL 20, 2007

4837

397.514 Bainbridge College: $0 in principal for 20 years at 5.75%: Renovate and expand the Kirbo Center.

State General Funds

$333,177

$0

$0

University System of Georgia, Board of Regents
397.515 Georgia Institute of Technology: $5,000,000 in principal for 20 years at 5.75%: Renovate the Hinman Building and portions of its east and west Architecture Buildings.
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, $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
397.516 State University of West Georgia: $1,900,000 in principal for 20 years at 5.75%: Infrastructure improvements on local land gift.
From State General Funds, $162,317 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, $1,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$162,317

$162,317

$162,317

University System of Georgia, Board of Regents
397.517 Southern Polytechnic State University: $2,000,000 in principal for 20 years at 5.75%: Renovate Building I.
From State General Funds, $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, $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

$418,607

$170,860

$170,860

University System of Georgia, Board of Regents
397.518 Georgia State University: $1,000,000 in principal for 20 years at 5.75%: Renovate the Physical Education Building to comply with the Americans with Disabilities Act.
From State General Funds, $85,430 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, $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

$85,430

$85,430

University System of Georgia, Board of Regents

4838

JOURNAL OF THE HOUSE

397.519 Georgia State University: $4,800,000 in principal for 20 years at 5.75%: Replace the exhaust stack system on the Natural Science Center.
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, $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
397.520 Valdosta State University: $4,000,000 in principal for 20 years at 5.75%: Renovate Nevins Hall.
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 or facilities, both real and personal, necessary or useful in connection therewith, $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

$410,064

$341,720

University System of Georgia, Board of Regents
397.521 Regents: $2,650,000 in principal for 20 years at 5.75%: Construct the Sutton Dining Hall at Rock Eagle.
From State General Funds, $226,389 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, $2,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$226,389

$226,389

Technical and Adult Education, Department of
397.550 Columbus Technical College: $16,285,000 in principal for 20 years at 5.75%: Design and construct Health Science Building.
From State General Funds, $1,391,228 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, $16,285,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$1,391,228

$1,391,228

$1,391,228

$1,391,228

Technical and Adult Education, Department of
397.551 Athens Area Technical College: $17,815,000 in principal for 20 years at 5.75%: Design and construct Health Science Building.
From State General Funds, $1,521,935 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, $17,815,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

FRIDAY, APRIL 20, 2007

4839

State General Funds

$1,521,935

$1,521,935

$0

$1,521,935

Technical and Adult Education, Department of
397.552 Flint River Technical College: $1,260,000 in principal for 5 years at 4.5%: Purchase equipment for new Industrial Training Building.
From State General Funds, $287,280 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, $1,260,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$287,280

$287,280

$287,280

$287,280

Technical and Adult Education, Department of
397.553 Chattahoochee Technical College: $2,075,000 in principal for 5 years at 4.5%: Purchase equipment for the new classroom building, Paulding County Campus.
From State General Funds, $473,100 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, $2,075,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$473,100

$473,100

$473,100

$473,100

Technical and Adult Education, Department of
397.554 Savannah Technical College: $2,445,000 in principal for 5 years at 4.5%: Purchase equipment for the new technology building.
From State General Funds, $557,460 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, $2,445,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$557,460

$557,460

$557,460

$557,460

Technical and Adult education, Department of
397.555 Atlanta Technical College: $2,795,000 in principal for 5 years at 4.5%: Purchase equipment for the new Allied Health Building.
From State General Funds, $637,260 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, $2,795,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$637,260

$637,260

$637,260

$637,260

Technical and Adult education, Department of

4840

JOURNAL OF THE HOUSE

397.556 Okefenokee Technical College: $1,815,000 in principal for 5 years at 4.5%: Purchase equipment for the new Allied Health Building.
From State General Funds, $413,820 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, $1,815,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$413,820

$0

$413,820

$413,820

Technical and Adult education, Department of
397.557 North Metro Technical College: $2,450,000 in principal for 5 years at 4.5%: Purchase equipment for the Allied Health and Technology Building. (H:Add an additional $500,000 to develop a new campus entrance)
From State General Funds, $558,600 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, $2,450,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$444,600

$558,600

$444,600

$558,600

Technical and Adult education, Department of

397.558 South Georgia Technical College: $2,030,000 in principal for 5 years at 4.5%: Purchase equipment for underway

construction

projects.

From State General Funds, $462,840 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, $2,030,000 in

principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$462,384

$462,840

$462,840

$462,840

Technical and Adult education, Department of
397.559 DeKalb Technical College: $3,900,000 in principal for 5 years at 4.5%: Purchase equipment for underway construction projects.
From State General Funds, $889,200 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, $3,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$889,200

$889,200

$889,200

$889,200

Technical and Adult education, Department of
397.560 Griffin Technical College: $610,000 in principal for 5 years at 4.5%: Purchase equipment for underway construction projects.
From State General Funds, $139,080 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,

FRIDAY, APRIL 20, 2007

4841

property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, $610,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$139,536

$139,080

$139,080

$139,080

Technical and Adult education, Department of
397.561 Technical College Multi-Projects: $7,000,000 in principal for 5 years at 4.5%: Replace obsolete equipment at multiple technical colleges.
From State General Funds, $1,596,000 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, $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$2,280,000

$1,140,000

$1,596,000

Technical and Adult education, Department of
397.562 Middle Georgia Technical College: $560,000 in principal for 5 years at 4.5%: Purchase equipment for the Child Development Center.
From State General Funds, $127,680 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, $560,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$127,680

$0

$127,680

Technical and Adult education, Department of

397.563 Griffin Technical College: $2,500,000 in principal for 20 years at 5.75%: Purchase land and a building for the Spalding

County

Campus.

From State General Funds, $213,575 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, $2,500,000 in

principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$213,575

$0

$213,575

Technical and Adult education, Department of
397.564 Athens Area Technical College: $4,865,000 in principal for 20 years at 5.75%: Design and construct Elbert County Campus Technical and Industrial Facility.
From State General Funds, $415,617 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, $4,865,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$415,617

$0

$415,617

4842

JOURNAL OF THE HOUSE

Technical and Adult education, Department of
397.565 Appalachian Technical College: $7,000,000 in principal for 20 years at 5.75%: Design and construct Cherokee County Campus.
From State General Funds, $598,011 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, $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

$598,011

$598,011

$598,011

Technical and Adult education, Department of
397.566 Technical College Multi-Projects: $15,000,000 in principal for 20 years at 5.75%: Fund Career Academies.
From State General Funds, $1,281,450 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, $15,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$1,281,450

$1,281,450

Technical and Adult education, Department of
397.567 Augusta Technical College: $1,500,000 in principal for 20 years at 5.75%: Construct the Airframe and Power-Plant Maintenance School on the Thomson-McDuffie Regional Airport property.
From State General Funds, $128,145 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, $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

$128,145

$128,145

Technical and Adult education, Department of
397.568 Lanier Technical College: $1,500,000 in principal for 20 years at 5.75%: Construct an auditorium on the Forsyth County campus.
From State General Funds, $128,145 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, $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

$128,145

$128,145

Technical and Adult education, Department of
397.569 Lanier Technical College: $4,995,000 in principal for 20 years at 5.75%: Construct a 25,600 sq. ft. building expansion on the Dawson County Campus.
From State General Funds, $426,722 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,

FRIDAY, APRIL 20, 2007

4843

property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, $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

$426,722

$426,722

Technical and Adult education, Department of
397.570 Central Georgia Technical College: $0 in principal for 20 years at 5.75%: Construct the Center for Health Services on the Milledgeville campus.

State General Funds

$1,358,337

$0

Technical and Adult education, Department of
397.571 Coosa Valley Technical College: $500,000 in principal for 20 years at 5.75%: Construct a new hangar building and renovate an existing facility.
From State General Funds, $42,715 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, $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

$42,715

$42,715

Technical and Adult education, Department of
397.572 Coosa Valley Technical College: $11,900,000 in principal for 20 years at 5.75%: Complete Building Phase Three on the Gordon Campus.
From State General Funds, $1,016,617 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, $11,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$1,016,617

$1,016,617

Technical and Adult education, Department of
397.573 Southeastern Technical College: $4,000,000 in principal for 20 years at 5.75%: Construct an automotive technology building.
From State General Funds, $341,720 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, $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

$341,720

Technical and Adult education, Department of
397.574 Albany Technical College: $0 in principal for 20 years at 5.75%: Construct a building for the Construction Academy and Building K.

4844

JOURNAL OF THE HOUSE

State General Funds

$734,698

$0

Technical and Adult education, Department of
397.575 Technical College Multi-Projects: $7,000,000 in principal for 20 years at 5.75%: Minor Repairs and Renovations (MRR)
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, $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

$915,019

$598,010

Technical and Adult education, Department of
397.576 Appalachian Technical College: $1,000,000 in principal for 20 years at 5.75%: Construct an aviation technology/maintenance school at the Gilmer County Airport.
From State General Funds, $85,430 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, $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

$85,430

$85,430

University System of Georgia, Board of Regents
397.580 North Paulding Public Library: $1,545,000 in principal for 20 years at 5.75%: Design and construct as a part of the West Georgia Regional Library.
From State General Funds, $131,989 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 North Paulding Public Library, for that library, through the issuance of not more than $1,545,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$131,989

$131,989

$131,989

University System of Georgia, Board of Regents
397.581 Jasper County Public Library: $1,035,000 in principal for 20 years at 5.75%: Construct as a part of the Uncle Remus Regional Library.
From State General Funds, $88,420 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 Jasper County 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 240 months.

State General Funds

$88,420

$88,420

$88,420

University System of Georgia, Board of Regents
397.582 Porter Memorial Public Library: $2,000,000 in principal for 20 years at 5.75%: Construct as a part of the Newton County Public Library.

FRIDAY, APRIL 20, 2007

4845

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 Porter Memorial 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
397.583 Fairplay Public Library: $2,000,000 in principal for 20 years at 5.75%: Design and construct as a part of the West Georgia Regional 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 Fairplay 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
397.584 Pierce County Public Library: $1,600,000 in principal for 20 years at 5.75%: Construct as a part of the Okefenokee Regional Library System.
From State General Funds, $136,688 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 Pierce County Public Library, for that library, through the issuance of not more than $1,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$136,688

$136,688

University System of Georgia, Board of Regents
397.585 Nancy Guinn Memorial Library: $2,000,000 in principal for 20 years at 5.75%: Renovate as a part of the Conyers-Rockdale County Library System.
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 Nancy Guinn Memorial 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

University System of Georgia, Board of Regents
397.586 Troup-Harris-Coweta Regional Library: $1,895,000 in principal for 20 years at 5.75%: Funds for the Senoia Public Library and Grantville Public Library in the Troup-Harris-Coweta Regional Library System.
From State General Funds, $161,889 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 Troup-Harris-Coweta Regional Library, for that library, through the issuance of not more than $1,895,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$161,889

$161,889

University System of Georgia, Board of Regents
397.587 Georgia Military College: $10,000,000 in principal for 20 years at 5.75%: Georgia Military College K-12 School
From State General Funds, $854,300 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the

4846

JOURNAL OF THE HOUSE

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, $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$854,300

Human Development

Human Resources, Department of
397.601 DHR multi-projects: $4,400,000 in principal for 20 years at 5.75%: Fund the facility roofing program, statewide.
From State General Funds, $375,892 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, $4,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$550,169

$550,169

$375,892

$375,892

Human Resources, Department of
397.602 DHR multi-projects: $3,500,000 in principal for 20 years at 5.75%: Fund renovations for the Emergency Operations Center / server room emergency power and stand alone HVAC.
From State General Funds, $299,005 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, $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

$299,005

Human Resources, Department of
397.603 Southwestern State Hospital - Thomasville: $1,855,000 in principal for 20 years at 5.75%: Replace chillers and associated pumps.
From State General Funds, $158,473 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, $1,855,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$158,473

$158,473

$158,473

$158,473

Human Resources, Department of
397.604 Central State Hospital: $1,745,000 in principal for 20 years at 5.75%: Fund steam plant upgrades.
From State General Funds, $149,075 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, $1,745,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$149,075

$149,075

$149,075

$149,075

FRIDAY, APRIL 20, 2007

4847

Veterans Service, Department of
397.605 Georgia War Veterans Nursing Home, Augusta: $1,575,000 in principal for 5 years at 4.5%: Add State funds to match Federal funds for life safety and building upgrades.
From State General Funds, $359,100 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, $1,575,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$359,100

$359,100

$359,100

$359,100

Veterans Service, Department of
397.606 Georgia War Veterans Nursing Home, Milledgeville: $1,050,000 in principal for 20 years at 5.75%: Add State funds to match Federal funds for Wheeler Building, Alzheimer's unit addition and building.
From State General Funds, $89,702 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, $1,050,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$89,702

$89,702

$89,702

$89,702

Labor, Department of
397.607 Roosevelt Warm Springs Institute for Rehabilitation: $9,935,000 in principal for 20 years at 5.75%: Add State funds to match Federal funds to acquire property, design, construct, and equip New Residence Hall, Evaluation and Training Buildings (VRU).
From State General Funds, $848,747 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, $9,935,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$848,747

$848,747

$848,747

$848,747

Natural Resources

Natural Resources, Department of
397.701 Georgia National Fairgrounds and Agricenter: $9,565,000 in principal for 20 years at 5.75%: Design, construct, and equip Livestock and Equine Facilities Expansion.
From State General Funds, $817,138 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, $9,565,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$817,138

$817,138

$817,138

$817,138

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Forestry Commission, State
397.702 Forestry Equipment: $2,500,000 in principal for 5 years at 4.5%: Purchase capital equipment, statewide. (H:$2,000,000)
From State General Funds, $570,000 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, $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

$570,000

$456,000

$570,000

$570,000

Natural Resources, Department of
397.703 Burke County Public Fishing Area: $0 in principal for 20 years at 5.75%: Design and construct Burke County Public Fishing Area.

State General Funds

$213,575

$213,575

$0

$0

Natural Resources, Department of
397.704 Public Fishing Area: $14,000,000 in principal for 20 years at 5.75%: Construct a Education and Visitor Center and a Hatchery for Go Fish Georgia.
From State General Funds, $1,196,020 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, $14,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$1,110,590

$1,196,020

$1,196,020

Agriculture, Department of
397.705 State Farmer's Markets: $2,000,000 in principal for 20 years at 5.75%: Construct and renovate all Farmer's Markets
From State General Funds, $170,860 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, $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

Forestry Commission, State
397.706 Forestry Equipment: $860,000 in principal for 5 years at 4.5%: Increase funds to address ongoing facilities maintenance needs.
From State General Funds, $196,080 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, $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

$196,080

$196,080

FRIDAY, APRIL 20, 2007

4849

397.1 Transfer funds from GO Bonds - New to GO Bonds - Issued to reflect the issuance of new bonds.

State General Funds
Total Debt Service
0 year at 0%

($148,012,496) ($148,012,496) ($148,012,496)

State Motor Fuel Funds

$0

20 year at 5.75%

State Motor Fuel Funds State General Funds
5 year at 4.5%

$69,104,754

$5,980,100 $74,198,518

$9,397,300 $82,256,337

$9,397,300 $82,193,909

State General Funds Total Debt Service

$15,584,940 $16,461,600 $17,926,500 $18,624,180

State Motor Fuel Funds State General Funds
Total Principal Amount
0 year at 0%

$0 $84,689,694

$5,980,100

$9,397,300

$9,397,300

$90,660,118 $100,182,837 $100,818,089

State Motor Fuel Funds 20 year at 5.75%

$70,000,000

State Motor Fuel Funds State General Funds
5 year at 4.5%

$70,000,000 $110,000,000 $110,000,000 $808,905,000 $868,530,000 $962,850,750 $962,120,000

State General Funds Total Principal

$68,355,000 $72,200,000 $78,625,000 $81,685,000

4850

JOURNAL OF THE HOUSE

State Motor Fuel Funds State General Funds
397.0General Obligation Debt Sinking Fund - New

$70,000,000 $70,000,000 $110,000,000 $110,000,000 $877,260,000 $940,730,000 $1,041,475,750 $1,043,805,000
Appropriation (HB 95)

TOTAL STATE FUNDS State Motor Fuel Funds State General Funds
TOTAL PUBLIC FUNDS

$232,702,190
$232,702,190 $232,702,190

$96,640,218 $5,980,100 $90,660,118 $96,640,218

$109,580,137 $9,397,300
$100,182,837 $109,580,137

$110,215,389 $9,397,300
$100,818,089 $110,215,389

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. 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 satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.

Section 53: Salary Adjustments
The appropriations to budget units made above include funds for, and have the added purpose of, the following salary increases and adjustments, administered in conformity with the applicable compensation and performance management plans as provided by law:

FRIDAY, APRIL 20, 2007

4851

1.) A general salary increase of three percent for employees of the Executive, Judicial, and Legislative Branches. The amount for this Item is calculated according to an effective date of January 1, 2008.
2.) In lieu of other numbered items, (a) to provide 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 determined by the Office of Planning and Budget according to O.C.G.A. 45-7-4(b), 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 increases of up to three percent 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 calculated according to an effective date of January 1, 2008.
3.) In addition to other numbered Items, for budget units with employees of the Executive Branch, an amount equal to 0.5% of total personal services, calculated as of the end of calendar year 2006 for an effective date of January 1, 2008, for market adjustments, performance incentives and equity adjustments.
4.) Before items 1 and 3 above, but not in lieu of them, funds to adjust salaries of certain employees in the job titles and departments shown in the "Summary of Identified Job Classifications" on page 38 of The Governor's Budget Report FY 2008. The employees are those within the listed job titles and agencies with salaries below 75% of the salary determined by the Commissioner of Personnel Administration in December of 2006 to be the market midpoint rate for their job titles. The purpose is to adjust salaries of incumbents to 75% of such market midpoint rate, calculated for an effective date of January 1, 2008.
5.) In lieu of other numbered items, (a) to provide for a 3% increase across the State Salary Schedule of the State Board of Education through a 3% increase in the state base salary. This proposed 3% 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, 2007; (b) To provide for a 3% increase in funding for salaries for lunchroom workers and for a 3% 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, 2007.
6.) In lieu of other numbered items, to provide a 3% funding level for increases for teachers and other academic personnel within the Department of Early are and Learning. The amount for this Item is calculated according to an effective date of September 1, 2007.
7.) In lieu of other numbered items, to provide a 3% 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, 2008.
8.) In lieu of other numbered items, to provide a 3% salary increase for public librarians administered by the Board of Regents. The amount for this Item is calculated according to an effective date of January 1, 2008.
9.) In lieu of other numbered items, to provide for a 3% 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, 2008.

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10.) After, before or in lieu of any adjustments based on Items 1, 3 and 4 above, to adjust salaries and salary plans for law enforcement officers in the Department of Public Safety, a general salary increase reflecting the appropriate continuation market benchmark salaries in the following job titles:
Trooper First Class (Job Code: 17708), Trooper (Job Code: 17706), Cadet (DPS) (Job Code: 17707), Trooper Cadet/Trooper School (Job Code: 17710), Sergeant First Class (Job Code 17705), Lieutenant (Job Class 17232), Lieutenant First Class (Job Class 17703), MCCD Officer Cadet (Job Code: 17805) MCCD Corporal (Job Code: 17804), MCCD Sergeant (Job Code: 17803), and MCCD Lieutenant (Job Code 17806).
Section 54. General Obligation Bonds Repealed, Revised, or Reinstated
The following paragraph of the General Appropriations Act for state fiscal year 2004-2005 (Section 63 of Ga. L. 2004, pp. 994, 1046, 1050), as carried forward in Section 63 of House Bill 84 (Ga. L. 2005, pp. 1262, 1307, 1311), in Section 48 of House Bill 85 (Ga. L. 2005, pp. 1319, 1415, 1426) and in Section 50 of House Bill 1026 (Ga. L. 2006, Book One, Volume Two Appendix, commencing as p. 1 of 226) is hereby repealed in its entirety:
From the appropriation designated "State General Funds (New)," $4,520,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
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 (Ga. L. 2005, pp. 1262, 1307, 1314) and amended in Section 51 of House Bill 1026 (Ga. L. 2006, Book One, Volume Two Appendix, commencing as p. 1 of 226) to read as follow:
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.
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

FRIDAY, APRIL 20, 2007

4853

the issuance of not more than $14,220,000 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 2005-2006 (Section 48 of Ga. L. 2005, p. 1319, 1425), as carried forward in Section 50 of House Bill 1026 (Ga. L. 2006, Book One, Volume Two Appendix, commencing as p. 1 of 226) and which reads as follows:
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.
is amended to read as follows:
From the appropriation designated "State General Funds (New)", $570,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
The following paragraph of the General Appropriations Act for state fiscal year 2005-2006 (Section 48 of Ga. L. 2005, pp. 1319, 1426) is hereby repealed in its entirety:
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.
Section 55: 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 Total State Funds and Total Federal Funds under a caption beginning with a program number and program name and ending with "Appropriation (HB95)," in each case as associated with the statement of Program Name and Program Purpose. 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 informational purposes only. Amounts in the other columns are for informational purposes only. The summary and lowest level of detail for Total Agency Funds and Total Intra-State Governmental Transfers are for informational purposes 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, and 55 contain, constitute or amend appropriations.
When an agency receives appropriations from the group of Total Federal Funds category for more than one program, the appropriation is the amount stated, and the program shall also be authorized an additional fifty percent (50%) of the stated amount. However, if the additional authority is used, the

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appropriations of federal 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.
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.

FRIDAY, APRIL 20, 2007

4855

Representative Harbin of the 118th moved that the House adopt the report of the Committee of Conference on HB 95.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H N Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Martin E Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

N Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the motion, the ayes were 170, nays 3.

The motion prevailed.

As to my objection to final passage of H.B. 95, I refer the House to my remarks delivered on April 13, 2007. I do oppose providing contraceptives to children, especially when funded by tax dollars without parental consent. I commend the Appropriations Committee for its work and for funding many of the necessary functions of state

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government, including, but not limited to, public safety, defense against enemies, justice for all, and the legitimate public works.

/s/ Martin Scott Representative Martin Scott District 2

HB 147. By Representatives Mills of the 25th, Sheldon of the 105th, Fleming of the 117th, Coan of the 101st, Ralston of the 7th and others:

A BILL to be entitled an Act to provide a short title; to provide for legislative findings and purpose; to amend Chapter 9A of Title 31 of the O.C.G.A., relating to the "Woman's Right to Know Act," so as to require physicians or other qualified agents to require that pregnant females undergo an ultrasound or sonogram prior to having an abortion; to change certain provisions relating to voluntary and informed consent to abortions; to require certain information be made available by the Department of Human Resources; to change certain provisions relating to reporting requirements; to provide for civil causes of action; to amend Article 5 of Chapter 12 of Title 16 of the O.C.G.A., relating to abortion, to provide for criminal penalties for failure to comply with the "Woman's Right to Know Act"; to provide for construction; to provide for intervention; to provide for severability; to provide for an effective date; 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 147

The Committee of Conference on HB 147 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 147 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Nancy Schaefer Senator, 50th District

/s/ James Mills Representative, 25th District

/s/ Pearson Senator, 51st District

/s/ Doug Collins Representative, 27th District

FRIDAY, APRIL 20, 2007

4857

/s/ Tommie Williams Senator, 19th District

/s/ Barry A. Fleming Representative, 117th District

A BILL

To provide a short title; to provide for legislative findings and purpose; to amend Chapter 9A of Title 31 of the Official Code of Georgia Annotated, relating to the "Woman's Right to Know Act," so as to offer pregnant females an opportunity to undergo an ultrasound if such imaging is available and allow the woman to view the sonogram and listen to the fetal heartbeat, if present; to change certain provisions relating to voluntary and informed consent to abortions; to require certain information be made available by the Department of Human Resources; to change certain provisions relating to reporting requirements; to provide for civil and professional penalties; to provide for construction; to provide for severability; 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 "Woman's Ultrasound Right to Know Act."

SECTION 2. (a) The General Assembly finds that:
(1) It is essential to the psychological and physical well-being of a woman considering an abortion that she receive complete and accurate information on the reality and status of her pregnancy and of her unborn child; (2) The decision to abort "is an important and often a stressful one, and it is desirable and imperative that it be made with full knowledge of its nature and consequences." Planned Parenthood v. Danforth, 428 U.S. 52, 67 (1976); and (3) The knowledgeable exercise of a woman's decision to have an abortion depends on the extent to which the woman receives sufficient information to make an informed choice between two alternatives: giving birth or having an abortion. (b) Based on the findings in subsection (a) of this section, it is the purpose of this Act to: (1) Ensure that every woman considering an abortion receive complete information on the reality and status of her pregnancy and of her unborn child and that every woman submitting to an abortion do so only after giving her voluntary and informed consent to the abortion procedure; (2) Protect unborn children from a woman's uninformed decision to have an abortion; (3) Reduce "the risk that a woman may elect an abortion, only to discover later, with devastating psychological consequences, that her decision was not fully informed" Planned Parenthood v. Casey, 505 U.S. 833, 882 (1992); and

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(4) Adopt the construction of the term "medical emergency" accepted by the United States Supreme Court in Planned Parenthood v. Casey, 505 U.S. 833 (1992).
SECTION 3. Chapter 9A of Title 31 of the Official Code of Georgia Annotated, relating to the "Woman's Right to Know Act," is amended by revising Code Section 31-9A-3, relating to voluntary and informed consent to abortion, as follows:
"31-9A-3. No abortion shall be performed in this state except with the voluntary and informed consent of the female upon whom the abortion is to be performed. Notwithstanding any provision of law to the contrary, except in the case of a medical emergency, consent to an abortion is voluntary and informed if and only if:
(1) The female is told the following, by telephone or in person, by the physician who is to perform the abortion, by a qualified agent of the physician who is to perform the abortion, by a qualified agent of a referring physician, or by a referring physician, at least 24 hours before the abortion:
(A) The particular medical risks to the individual patient associated with the particular abortion procedure to be employed, when medically accurate; (B) The probable gestational age of the unborn child at the time the abortion would be performed; and (C) The medical risks associated with carrying the unborn child to term. The information required by this paragraph may be provided by telephone without conducting a physical examination or tests of the patient, in which case the information required to be provided may be based on facts supplied to the physician by the female and whatever other relevant information is reasonably available to the physician. Such information may not be provided by a tape recording but must be provided during a consultation in which the physician or a qualified agent of the physician is able to ask questions of the female and the female is able to ask questions of the physician or the physician's qualified agent. If in the medical judgment of the physician any physical examination, tests, or other information subsequently provided to the physician requires a revision of the information previously supplied to the patient, that revised information shall be communicated to the patient prior to the performance of the abortion. Nothing in this Code section may be construed to preclude provision of required information in a language understood by the patient through a translator; (2) The female is informed, by telephone or in person, by the physician who is to perform the abortion, by a referring physician, or by a qualified agent of either the physician who is to perform the abortion at least 24 hours before the abortion: (A) That medical assistance benefits may be available for prenatal care, childbirth, and neonatal care; (B) That the father will be liable pursuant to subsection (a) of Code Section 19-7-49 to assist in the support of her child; and

FRIDAY, APRIL 20, 2007

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(C) How to obtain a list of health care providers, facilities, and clinics that offer to perform ultrasounds free of charge; such list shall be arranged geographically and shall include the name, address, hours of operation, and telephone number of each listed entity; and (C)(D) That she has the right to review the printed materials described in Code Section 31-9A-4 and that these materials are available on a state sponsored website at a stated website address. The physician or the physician's qualified agent shall orally inform the female that materials have been provided by the State of Georgia and that they describe the unborn child, list agencies that offer alternatives to abortion, and contain information on fetal pain. If the female chooses to view the materials other than on the website, they shall either be given to her at least 24 hours before the abortion or mailed to her at least 72 hours before the abortion by certified mail, restricted delivery to addressee. The information required by this paragraph may be provided by a tape recording if provision is made to record or otherwise register specifically whether the female does or does not choose to review the printed materials other than on the website; (3) The female certifies in writing, prior to the abortion, that the information described in paragraphs (1) and (2) of this Code section has been furnished her and that she has been informed of her opportunity to review the information referred to in subparagraph (C) (D) of paragraph (2) of this Code section; and (4) For all cases in which an ultrasound is performed prior to conducting an abortion or a pre-abortion screen: (A) The woman shall at the conclusion of the ultrasound be offered the opportunity to view the fetal image and hear the fetal heartbeat. The active ultrasound image shall be of a quality consistent with standard medical practice in the community, contain the dimensions of the unborn child, and accurately portray the presence of external members and internal organs, including but not limited to the heartbeat, if present or viewable, of the unborn child. The auscultation of fetal heart tone shall be of a quality consistent with standard medical practice in the community; and (B) At the conclusion of these actions and prior to the abortion, the female certifies in writing that:
(i) She was provided the opportunity described in subparagraph (A) of this paragraph; (ii) Whether or not she elected to view the sonogram; and (iii) Whether or not she elected to listen to the fetal heartbeat, if present; and (4)(5) Prior to the performance of the abortion, the physician who is to perform the abortion or the physician's qualified agent receives a copy of the written certification certifications prescribed by paragraph paragraphs (3) and (4) of this Code section and retains it them on file with the female's medical record for at least three years following the date of receipt."
SECTION 4. Said chapter is further amended by revising subsection (a) of Code Section 31-9A-4,

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relating to information to be made available by the Department of Human Resources, format requirements, availability, and requirements for website, as follows:
"(a) Not later than August 8, 2005, the The Department of Human Resources shall cause to be published in English and in each language which is the primary language of 2 percent or more of the state's population and shall cause to be available on the state website provided for in subsection (d) of this Code section the following printed materials in such a way as to ensure that the information is easily comprehensible:
(1) Geographically indexed materials designed to inform the female of public and private agencies and services available to assist a female through pregnancy, upon childbirth, and while the child is dependent, including adoption agencies, which shall include a comprehensive list of the agencies available, a description of the services they offer, and a description of the manner, including telephone numbers and website addresses, in which they might be contacted or, at the option of such department, printed materials including a toll-free, 24 hour telephone number which may be called to obtain, orally or by a tape recorded message tailored to the ZIP Code entered by the caller, such a list and description of agencies in the locality of the caller and of the services they offer; (1.1) Geographically indexed materials designed to inform the female of public and private facilities and services available to assist a female with obtaining an ultrasound which shall include a comprehensive list of the facilities available, a description of the services they offer, and a description of the manner, including telephone numbers and website addresses, in which they might be contacted or, at the option of such department, printed materials including a toll-free, 24 hour telephone number which may be called to obtain, orally or by a tape recorded message tailored to the ZIP Code entered by the caller, such a list and description of facilities in the locality of the caller and of the services they offer; (2) Materials designed to inform the female of the probable anatomical and physiological characteristics of the unborn child at two-week gestational increments from the time when a female can be known to be pregnant to full term, including any relevant information on the possibility of the unborn child's survival and pictures representing the development of unborn children at two-week gestational increments, provided that any such pictures must contain the dimensions of the fetus and must be factually accurate for the stage of pregnancy depicted. The materials shall be objective, nonjudgmental, and designed to convey only factually accurate scientific information about the unborn child at the various gestational ages. The material shall also contain objective information describing the methods of abortion procedures commonly employed, the medical risks commonly associated with each such procedure, the possible detrimental psychological effects of abortion, and the medical risks commonly associated with carrying a child to term; and (3) Materials with the following statement concerning unborn children of 20 weeks' or more gestational age:
'By 20 weeks' gestation, the unborn child has the physical structures necessary to experience pain. There is evidence that by 20 weeks' gestation unborn children seek

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to evade certain stimuli in a manner which in an infant or an adult would be interpreted to be a response to pain. Anesthesia is routinely administered to unborn children who are 20 weeks' gestational age or older who undergo prenatal surgery.' The materials shall be objective, nonjudgmental, and designed to convey only accurate scientific information about the unborn child at the various gestational ages."
SECTION 5. Said chapter is further amended by revising subsection (a) of Code Section 31-9A-6, relating to reporting requirements, as follows:
"(a) Not later than August 8, 2005, the The Department of Human Resources shall prepare a reporting form for physicians performing abortions in a health facility licensed as an abortion facility by the Department of Human Resources containing a reprint of this chapter and listing:
(1) The number of females to whom the physician provided the information described in paragraph (1) of Code Section 31-9A-3; of that number, the number to whom the information was provided by telephone and the number to whom the information was provided in person; and of each of those numbers, the number to whom the information was provided by a referring physician and the number to whom the information was provided by a physician who is to perform the abortion; (2) The number of females to whom the physician or a qualified agent of the physician provided the information described in paragraph (2) of Code Section 319A-3; of that number, the number to whom the information was provided by telephone and the number to whom the information was provided in person; of each of those numbers, the number to whom the information was provided by a referring physician and the number to whom the information was provided by a physician who is to perform the abortion; and of each of those numbers, the number to whom the information was provided by the physician and the number to whom the information was provided by a qualified agent of the physician; and (3) The number of females who availed themselves of the opportunity to obtain a copy of the printed information described in Code Section 31-9A-4, other than on the website, and the number who did not; and of each of those numbers, the number who, to the best of the reporting physician's information and belief, went on to obtain the abortion; and (4) The number of females who were provided the opportunity to view the fetal image and hear the fetal heartbeat; of that number, the number who elected to view the sonogram and the number who elected to listen to the fetal heartbeat, if present."
SECTION 6. Said chapter is further amended by adding a new Code section to read as follows:
"31-9A-6.1. In addition to whatever remedies are available under the common or statutory law of this state, failure to comply with the requirements of this chapter shall be reported to the Composite State Board of Medical Examiners for disciplinary action."

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SECTION 7. Nothing in this Act shall be construed as creating or recognizing a right to abortion. It is not the intention of this Act to make lawful an abortion that is currently unlawful.

SECTION 8. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

SECTION 9. This Act shall become effective on July 1, 2007.

SECTION 10. 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 147.

On the motion, the roll call was ordered and the vote was as follows:

N Abdul-Salaam N Abrams Y Amerson N Ashe Y Barnard Y Bearden N Beasley-Teague N Benfield Y Benton Y Black Y Bridges N Brooks
Bruce Bryant Buckner Burkhalter Y Burns Y Butler Y Byrd N Carter, A Y Carter, B Y Casas N Chambers

Y Dempsey Y Dickson Y Dollar N Drenner N Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming N Floyd, H Y Floyd, J N Fludd Y Forster N Franklin Y Frazier Y Freeman N Gardner Y Geisinger Y Glanton Y Golick N Gordon Y Graves

Holt Y Horne Y Houston N Howard E Hudson N Hugley
Jackson N Jacobs N James N Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J N Jones, S
Jordan Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly

Y Martin E Maxwell Y May Y McCall N McKillip Y Meadows N Millar Y Mills N Mitchell E Morgan Y Morris N Mosby Y Mumford N Murphy Y Neal Y Nix N Oliver
O'Neal Parham Y Parrish Y Parsons Y Peake Y Porter

Y Scott, M Y Sellier Y Setzler
Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sims, F N Sinkfield Y Smith, B
Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner N Starr Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M

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Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins
Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Greene Y Hamilton 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 Lane, B Y Lane, R N Levitas Y Lewis N Lindsey
Lord Y Loudermilk N Lucas Y Lunsford Y Maddox Y Mangham E Manning N Marin

Y Powell Y Pruett Y Ralston N Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders N Sailor Y Scott, A

N Thomas, B Y Tumlin Y Walker N Watson Y Wilkinson
Willard Williams, A Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker

On the motion, the ayes were 110, nays 47.

The motion prevailed.

Representative Edward Lindsey-54 explains his no vote on HB 147 by saying that he morally opposes abortion but believes that an exception should have been drawn to except victims of rape or incest or women whose life is endangered from the requirement that women "certify" that they have refused to view the sonogram or hear the heartbeat. I feel that simple humanity requires these exceptions.

/s/Edward Lindsey 54 20 April 2007

HB 186. By Representatives Cole of the 125th, O`Neal of the 146th, Smith of the 129th, Golick of the 34th, Maddox of the 172nd 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 a five-year exemption regarding the sale of tangible personal property to, or used in or for the construction of, a new alternative fuel facility dedicated exclusively to the processing and production of ethanol, biodiesel, and butanol; to provide for definitions; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 186

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The Committee of Conference on HB 186 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 186 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Bill Heath Senator, 31st District

/s/ Jim Cole Representative, 125th District

/s/ John Bulloch Senator, 11th District

/s/ A. Richard Royal Representative, 171st District

/s/ Tolleson Senator, 20th District

/s/ Jay Roberts Representative, 154th District

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 a temporary exemption regarding the sale of tangible personal property to, or used in or for the construction of, an alternative fuel facility primarily dedicated to the processing and production of ethanol, biodiesel, and butanol; to provide for definitions; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

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 as follows:
"(34.4)(A) Notwithstanding any provision of Code Section 48-8-63 to the contrary, sales of tangible personal property to, or used in or for the construction of, an alternative fuel facility primarily dedicated to the production and processing of ethanol, biodiesel, butanol, and their by-products, when such fuels are derived from biomass materials such as agricultural products, or from animal fats, or the wastes of such products or fats. (B) As used in this paragraph, the term:
(i) 'Alternative fuel facility' means any facility located in this state which is primarily dedicated to the production and processing of ethanol, biodiesel, butanol, and their by-products for sale.

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(ii) 'Used in or for the construction' means any tangible personal property incorporated into a new alternative fuel facility that loses its character of tangible personal property. Such term does not mean tangible personal property that is temporary in nature, leased or rented, tools, or other items not incorporated into the facility. (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 an exemption certificate issued by the commissioner certifying that the purchaser is entitled to purchase the tangible personal property without payment of tax. (D) Any corporation, partnership, limited liability company, or any other entity or person that qualifies for this exemption must conduct at least a majority of its business with entities or persons with which it has no affiliation. (E) The exemption provided for under subparagraph (A) of this paragraph shall not apply to sales of tangible personal property that occur after the production and processing of biodiesel, ethanol, butanol, and their by-products has begun at the alternative fuel facility. (F) The exemption provided for under subparagraph (A) of this paragraph shall apply only to sales occurring during the period July 1, 2007, through June 30, 2012. (G) The commissioner shall promulgate any rules and regulations necessary to implement and administer this paragraph."

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 Cole of the 125th moved that the House adopt the report of the Committee of Conference on HB 186.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming

Holt Y Horne Y Houston Y Howard E Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson

Martin E Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan

Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C
Sims, F Y Sinkfield

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Y Bridges Y Brooks
Bruce Y Bryant Y Buckner Y Burkhalter
Burns Y Butler
Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Floyd, H Y Floyd, J Y Fludd Y Forster
Franklin Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Harbin Y Hatfield Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas
Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Morris Y Mosby Y Mumford
Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts
Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Smith, B Smith, L
Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr
Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson
Willard Y Williams, A
Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the motion, the ayes were 151, nays 0.

The motion prevailed.

Representatives Heard of the 104th, Martin of the 47th, and Murphy of the 120th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 587. By Representatives May of the 111th, Harbin of the 118th, Fleming of the 117th and Roberts of the 154th:

A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to the distribution, storage, and sale of gas, so as to provide for revocation of a certificate of public convenience and necessity if the holder of the certificate has not within five years of receiving the certificate begun construction or operation of any pipeline, or distribution system, or any extension thereof, in substantially all of the territory covered by such certificate; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following report of the Committee of Conference was read:

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COMMITTEE OF CONFERENCE REPORT ON HB 587

The Committee of Conference on HB 587 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 587 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Seabaugh Senator, 28th District

/s/ Jeff May Representative, 111th District

/s/ Cowsert Senator, 46th District

/s/ Earl Ehrhart Representative, 36th District

/s/ Shafer Senator, 48th District

/s/ Jay Roberts Representative, 154th District

A BILL

To amend Article 2 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to the distribution, storage, and sale of gas, so as to provide for revocation of a certificate of public convenience and necessity if the holder of the certificate has not begun construction or operation of any pipeline, or distribution system, or any extension thereof, in substantially all of the territory covered by such certificate where an end-use customer, property owner, or developer has requested natural gas service; to provide for related matters; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 2 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to the distribution, storage, and sale of gas, is amended by adding a new subsection to Code Section 46-4-28, relating to the suspension, revocation, alteration, or amendment of certificates by the Public Service Commission, to read as follows:
"(a.1) Any certificate issued under this article shall be revoked or amended by the commission upon application to the commission by a person to provide natural gas service to a specified end-use customer, property owner, or developer who has requested natural gas service if the holder of the certificate has failed to begin

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construction or operation of any pipeline, or distribution system, or any extension thereof, in substantially all of the territory covered by such certificate. Once a person has filed such an application, the portion of the certificate of the territory for which the applicant is seeking to provide natural gas service to a specified end-use customer, property owner, or developer shall be deemed revoked or amended. The commission shall determine whether the applicant shall be entitled to a certificate for the territory that has been excluded from the certificate by revocation or amendment, whether such territory should be re-issued to the person who held the certificate at the time of the application, or whether such territory shall be deemed uncertificated. The commission shall make such determination within 90 days of the application and shall consider, in addition to the factors set forth in subsection (a) of Code Section 46-4-25, whether the applicant can offer service in a timely manner, and such other factors the commission deems in the public interest. The commission in determining whether to reissue a certificate to the person who held the certificate at the time of the application shall consider the length of time the certificate was held without service being provided. The newly certificated area shall be designed by the commission to serve the customers, property owners, or developers in question while ensuring a boundary with safety and public welfare as the focus."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all certificates in effect or applied for on or after such date.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative May of the 111th moved that the House adopt the report of the Committee of Conference on HB 587.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague N Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant

Y Dempsey Y Dickson 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 Holt Y Horne Y Houston Y Howard E Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T

Y Martin E Maxwell Y May Y McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford
Murphy

Scott, M Y Sellier
Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T

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4869

Y Buckner Burkhalter
Y Burns Butler
Y Byrd Y Carter, A Y Carter, B Y Casas
Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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

Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox
Lakly Y Lane, B Y Lane, R
Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas
Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Neal Y Nix
Oliver O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Smith, V Smyre
Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton
Teilhet Y Thomas, A.M
Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard
Williams, A Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker

On the motion, the ayes were 149, nays 2.

The motion prevailed.

Representative Kaiser of the 59th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

HB 48. By Representatives Chambers of the 81st, Bearden of the 68th and Geisinger of the 48th:

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 redefine certain terms; to repeal conflicting laws; and for other purposes.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 48

The Committee of Conference on HB 48 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 48 be adopted.

Respectfully submitted,

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FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Douglas Senator, 17th District

/s/ Jill Chambers Representative, 81st District

/s/ Carter Senator, 13th District

/s/ Martin Representative, 47th District

/s/ Staton Senator, 18th District

/s/ Fleming Representative, 117th District

A BILL

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 redefine certain terms; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia State Indemnification Fund, is amended by revising paragraph (5) to read as follows:
"(5) 'In the line of duty' means: (A) With respect to an emergency medical technician, while training, on duty, and when responding to or returning from an emergency or performing duties at the scene of an emergency or transporting a person to a medical facility for emergency treatment or returning therefrom; (B) With respect to a firefighter, while training, on duty, and when responding to or returning from a fire or other emergency or performing duties during any fire or other emergency or performing duties intended to protect life and property; (C) With respect to a law enforcement officer or firefighter, while on duty and performing services for and receiving with or without compensation from the law enforcement and fire service agency which employs such officer or firefighter, while off duty when responding to any situation which would save a life or preserve the peace, or while preventing or attempting to prevent the commission of a crime or fire. A law enforcement officer or firefighter who is performing duties for and receiving compensation from a private employer at the time of such officer's or firefighter's death or bodily injury causing permanent disability shall not be considered in the line of duty unless the officer or firefighter has left the scope of his or her employment for the private employer for the direct purpose of enforcing or attempting to enforce fire service, the criminal or traffic laws, preserving or

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4871

attempting to preserve public order, protecting or attempting to protect life or property, performing active state service as a member of the Georgia National Guard, preventing or attempting to prevent a crime, detecting or attempting to detect crime, or investigating or attempting to investigate crime. The determination that a law enforcement officer or firefighter was killed or permanently disabled in the line of duty and is entitled to indemnification pursuant to this part shall not be considered in the determination of the entitlement of such officer to workers' compensation, disability, health, or other benefits from such officer's or firefighter's public or private employer; (D) With respect to a prison guard correctional officer, while on duty and performing services for and receiving compensation from the public agency which employs such prison guard correctional officer; or (E) With respect to a state highway employee, while on duty and performing any work necessary for the construction, maintenance, or operation of a roadway on or within the public roads of the state as defined in paragraph (24) of Code Section 321-3 when such employee is killed or permanently disabled as the result of working under hazardous conditions in close proximity to moving traffic or equipment."
SECTION 2. Said Code section is further amended by striking paragraph (6) and inserting in lieu thereof the following:
"(6) 'Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, of this state, an authority or instrumentality of this state, or a local authority created as a joint public instrumentality of municipalities or counties of this state, 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 expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the employees designated by the commissioner of juvenile justice of the Department of Juvenile Justice pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8, which employees have the duty to investigate and apprehend delinquent and unruly children who have escaped from a facility under the jurisdiction of the Department of Juvenile Justice or who have broken the conditions of supervision. Such term also includes members of the Georgia National Guard, the composition of which is set forth in Code Section 38-23, who have been called into active state service by the Governor."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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Representative Chambers of the 81st moved that the House adopt the report of the Committee of Conference on HB 48.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant Y Buckner
Burkhalter Y Burns
Butler Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes
Ehrhart Y England Y Epps Y Everson Y Fleming N Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman
Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Hudson Y Hugley
Jackson Y Jacobs
James Y Jamieson Y Jenkins Y Jerguson
Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight
Knox Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Lunsford Y Maddox Mangham E Manning Y Marin

Y Martin E Maxwell Y May Y McCall Y McKillip Y Meadows
Millar Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Scott, M Y Sellier Y Setzler
Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B
Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the motion, the ayes were 152, nays 1.

The motion prevailed.

HB 162. By Representatives Martin of the 47th, Burkhalter of the 50th and Jones of the 46th:

FRIDAY, APRIL 20, 2007

4873

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 for a limited period of time with respect to sales of certain tangible personal property used in direct connection with the construction of a performing arts amphitheater 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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 162

The Committee of Conference on HB 162 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 162 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Dan Moody Senator, 56th District

/s/ Earl Ehrhart Representative, 36th District

/s/ David J. Shafer Senator, 48th District

/s/ Martin Representative, 47th District

/s/ Chip Rogers Senator, 21st District

/s/ Tom Graves Representative, 12th District

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 performing arts amphitheater facility; 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 performing arts center; to provide for an exemption for a limited period of time regarding sales to certain nonprofit volunteer health clinics; to provide for definitions; to provide for procedures, conditions, and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, is amended by replacing "; or" at the end of paragraph (84), by replacing the period at the end of paragraph (85) with "; or", and by adding new paragraphs to read as follows:
"(86)(A) Notwithstanding any provision of Code Section 48-8-63 to the contrary, from July 1, 2007, until June 30, 2008, sales of tangible personal property to, or used in direct connection with the construction of, a performing arts amphitheater facility. (B) As used in this paragraph, the term 'performing arts amphitheater facility' means a performing arts amphitheater facility owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code; is constructed after the effective date of this paragraph; has costs in excess of $30 million; has more than 60,000 square feet of space; and has associated facilities, including, but not limited to, parking. (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; (87) Notwithstanding any provision of Code Section 48-8-63 to the contrary, from a period which commenced upon the date construction first began until December 31, 2007, sales of tangible personal property to, or used in direct connection with the construction of, a performing arts center managed by a coliseum and exhibit hall authority, which authority was created by a local Act and which performing arts center has costs in excess of $140 million and which has at least 185,000 square feet of space; or (88) For the period commencing July 1, 2007, and ending June 30, 2009, sales of tangible personal property and services to a nonprofit volunteer health clinic which primarily treats indigent persons with incomes below 200 percent of the federal poverty level and which property and services are used exclusively by such volunteer health clinic in performing a general treatment function in this state when such volunteer health clinic is a tax exempt organization under the Internal Revenue Code and obtains an exemption determination letter from the commissioner."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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4875

Representative Martin of the 47th moved that the House adopt the report of the Committee of Conference on HB 162.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns Y Butler
Byrd Y Carter, A Y Carter, B Y Casas
Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier Y Freeman
Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K
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
Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser
Keen Y Keown Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas
Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Martin E Maxwell Y May Y McCall Y McKillip Y Meadows
Millar Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp
Sims, B Y Sims, C
Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard
Williams, A Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker

On the motion, the ayes were 154, nays 0.
The motion prevailed.
HB 214. By Representatives Barnard of the 166th, Smith of the 70th, Stephens of the 164th, Parsons of the 42nd, Lane of the 158th and others:
A BILL to be entitled an Act to amend Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Jekyll

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Island-- State Park Authority, so as to provide for a renewal of the property lease to the authority; to extend the existence of the authority consistent with such lease renewal; to provide for legislative oversight of the authority; to provide for legislative intent; 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 214

The Committee of Conference on HB 214 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 214 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Tolleson Senator, 20th District

/s/ Terry Barnard Representative, 166th District

/s/ Johnson Senator, 1st District

/s/ Mike Cheokas Representative, 134th District

/s/ John Heard Representative, 104th District

A BILL

To amend Part 2 of Article 1 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Recreational Authorities Overview Committee, so as to remove the Jekyll Island--State Park Authority from the committee's review; to amend Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Jekyll Island--State Park Authority, so as to provide for a renewal of the property lease to the authority; to extend the existence of the authority consistent with such lease renewal; to provide for advisory members of the authority; to provide for legislative oversight of the authority; to amend certain provisions relating to the master plan as to Jekyll Island; to clarify that the authority is exempt from certain taxation; to change certain provisions relating to Jekyll Island--State Park Authority powers, disposition of proceeds of sale, creation of reserve fund, and signing conveyances; to change certain provisions relating to conditions on sale of residential lots and commercial property, price, and payment into state treasury; to provide for legislative intent; to provide for

FRIDAY, APRIL 20, 2007

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related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The Georgia General Assembly finds that Jekyll Island is home to some of the state's most treasured natural and cultural resources and it is the expressed intent of this body to ensure the preservation of these resources for the enjoyment of all Georgians now and for future generations to come. For this reason, the state shall continue its commitment that not less than 65 percent of the land area of Jekyll Island which lies above water at mean high tide shall remain undeveloped. Jekyll Island proudly displays one of Georgia's largest stretches of barrier island property. It is the expressed intent of this body that the beach areas of Jekyll Island will remain free and open for the use of the people of the state. Commercial improvement is intended to better existing and future development of the remaining 35 percent of Jekyll Island while retaining public access to the beaches for the pleasure of all of Georgia's citizens. The General Assembly further finds that the deteriorating conditions of public and commercial facilities is of great interest to the legislature and to the public and that by significantly extending the existing lease authority for the island's property, the state will thereby help to secure and encourage future investments and provide a basis for long-term revitalization of the island. Jekyll Island is recognized by this body as "Georgia's Jewel," and its remarkable beauties are hereby preserved so that they may continue to shine for all citizens of Georgia.
SECTION 2. Part 2 of Article 1 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Recreational Authorities Overview Committee, is amended by revising Code Section 12-3-20, relating to creation of the committee and duty to review designated authorities, as follows:
"12-3-20. There is created as a joint committee of the General Assembly the Recreational Authorities Overview Committee to be composed of three members of the House of Representatives appointed by the Speaker of the House of Representatives and three members of the Senate appointed by the President of the Senate. The members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The chairperson of the committee shall be appointed by the Speaker of the House of Representatives from the membership of the committee, and the vice chairperson of the committee shall be appointed by the President of the Senate from the membership of the committee. The chairperson and vice chairperson 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 chairperson or vice chairperson 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

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the operations of the Stone Mountain Memorial Association, the Jekyll Island--State Park Authority, the North Georgia Mountains Authority, and the Lake Lanier Islands Development Authority and shall periodically review and evaluate the success with which each of the said authorities is accomplishing its statutory duties and functions as provided in this chapter."
SECTION 3. Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Jekyll Island--State Park Authority, is amended by revising Code Section 12-3-232, relating to creation, delegation of powers and duties, and duration of the authority, as follows:
"12-3-232. (a) There is created a body corporate and politic to be known as the Jekyll Island-- State Park Authority, which shall be deemed to be an instrumentality of the state and a public corporation, and by that name, style, and title such body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts. The authority may delegate to one or more of its members, or to its officers, agents, and employees, such powers and duties as it may deem proper. The authority shall exist for 99 years and, upon the expiration thereof, shall exist for an additional 40 years. (b) The authority is assigned to the Department of Natural Resources for administrative purposes only."
SECTION 4. Said part is further amended by revising Code Section 12-3-233, relating to appointment of members to the Jekyll Island--State Park Authority, by redesignating subsections (d) and (e) as subsections (f) and (g) and inserting new subsections (d) and (e) as follows:
"(d) Two advisory members shall be appointed from the membership of the Recreational Authorities Overview Committee to serve on the authority in an advisory capacity only without voting privileges. One advisory member shall be appointed by the Speaker of the House and one advisory member shall be appointed by the President of the Senate. This subsection shall stand automatically repealed and reserved on December 31, 2009. (e) Membership on the authority does not constitute public office and no member shall be disqualified from holding public office by reason of his or her membership."
SECTION 5. Said part is further amended by revising Code Section 12-3-234, relating to accountability of members, as follows:
"12-3-234. (a) The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall submit for inspection all of the books, together

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4879

with a proper statement of the authority's financial position, once a year on or about December 31 to the state auditor and to the Jekyll Island--State Park Authority Oversight Committee. The books and records shall be inspected and audited by the state auditor at least once in each year. The authority shall also submit a quarterly summary of each lease and contract agreement involving an amount in excess of $50,000.00 to the legislative oversight committee. Upon request, a copy of the lease or contract agreement or other documents so requested shall be provided to the members of the oversight committee. (b) There is created as a joint committee of the General Assembly the Jekyll Island-- State Park Authority Oversight Committee to be composed of three members of the House of Representatives appointed by the Speaker of the House, one of whom shall be from the House Committee on State Institutions and Property, and three members of the Senate appointed by the President of the Senate, one of whom shall be from the Senate Committee on State Institutions and Property. The members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The chairperson of the committee shall be appointed by the President of the Senate from the membership of the committee, and the vice chairperson of the committee shall be appointed by the Speaker of the House from the membership of the committee during odd-numbered years. The chairperson of the committee shall be appointed by the Speaker of the House from the membership of the committee, and the vice chairperson of the committee shall be appointed by the President of the Senate from the membership of the committee during even-numbered years. The chairperson and vice chairperson shall serve terms of one year beginning January 1, 2007. Vacancies in an appointed member's position or in the offices of chairperson or vice chairperson of the committee shall be filled for the unexpired term in the same manner as the original appointment. The committee shall advise the General Assembly regarding the authority's compliance with the provisions required by this part. The committee shall meet upon the call of the chairperson."
SECTION 6. Said part is further amended by revising subsection (a) of Code Section 12-3-241, relating to the lease to the authority, as follows:
"(a) To the authority is granted, for and on the part of the State of Georgia, a lease for a term of 99 years, beginning on February 13, 1950, to which term shall be automatically extended an additional 40 years upon the ending of the initial term. The lease shall be for all of that island of the State of Georgia, County of Glynn, being known as Jekyll Island and the marshes and marsh islands adjacent and adjoining the same owned by the State of Georgia; being that island of 11,000 acres, more or less, lying east of the mainland coast of Georgia, County of Glynn, bounded on its easterly shore by the Atlantic Ocean; bounded upon its northerly shore by Brunswick River, bounded on its westerly shore by Brunswick River, Jekyll Creek, Jekyll River, and Jekyll Sound; and bounded on its southerly shore by Jekyll Sound, together with the adjacent and adjoining marshes and marsh islands; which properties may also be described as all of

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the lands acquired by the State of Georgia in a certain condemnation proceeding, State of Georgia vs. Jekyll Island Club, Inc., et al., filed June 6, 1947, in Glynn County Superior Court; which properties may also be described in all conveyances, conveying any and all parts of Jekyll Island and the adjacent and adjoining marshes and marsh islands to the State of Georgia, recorded upon the official deed books of Glynn County as of February 13, 1950, all and each one of said conveyances being, by reference, expressly incorporated into this Code section and made in their entireties, a part hereof."
SECTION 7. Said part is further amended by revising paragraph (2) of subsection (a) of Code Section 12-3-243, relating to Jekyll Island--State Park Authority powers, disposition of proceeds of sale, creation of reserve fund, and signing conveyances, as follows:
"(2)(A) The authority shall not survey, subdivide, improve, lease, sell, develop, or otherwise cause a project to be constructed on the 65 percent of the land area of Jekyll Island which the authority is not empowered to survey, subdivide, improve, and lease or sell pursuant to paragraph (1) of this subsection; provided, however, that nothing in this paragraph shall be construed as to require the removal of any improvement on such land area which was completed on March 14, 1995. (B) That portion of Jekyll Island lying south of 31 degrees, 1 minute, 34 seconds north latitude as such latitude is depicted on the 1993 USGS topographic survey 7.5 minute series quadrangle map shall always be included within the area of Jekyll Island protected by this paragraph, and the authority shall not enter into, renew, or extend any agreement or otherwise take any action regarding such southern portion of the island in violation of this paragraph on or after the effective date of this subparagraph, except as otherwise provided in this subparagraph. The removal of any improvement on such southern portion of the island which was completed prior to the effective date of this subparagraph shall not be required. Upon the expiration or termination of any lease of a lot for a single-family residence on such southern portion of the island, the authority may again lease such lot to the same or another lessee for a single-family residence or noncommercial purpose or the authority may set aside the lot for public use; but the lot shall not be further subdivided, and the authority shall not lease such lot for any multifamily residence or commercial purpose. Those properties used for the Jekyll Island 4-H center and soccer complex may continue to be used and improved for the same or similar purposes under an extension or renewal of an existing lease or under a new lease. This subparagraph shall not prohibit the construction and use of any public bicycle trails, public nature trails, or public picnic areas on such southern portion of the island by the authority. This subparagraph shall not be applied to impair the obligation of any valid contract entered into prior to the effective date of this subparagraph."

FRIDAY, APRIL 20, 2007

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SECTION 8. Said part is further amended by revising Code Section 12-3-243.1, relating to the master plan as to Jekyll Island, as follows:
"12-3-243.1. (a) The authority shall, on or before July 1, 1996, cause to be created a master plan for the management, preservation, protection, and development of Jekyll Island. The master plan shall delineate, based upon aerial survey, the present and permitted future uses of the land area of Jekyll Island which lies above water at mean high tide and shall designate areas to be managed as environmentally sensitive, historically sensitive, and active use areas. The master plan shall also delineate the boundaries of the area or areas delineated on the master plan as the 65 percent of the land area of Jekyll Island which lies above water at mean high tide and over which the authority has no power to improve, lease, or sell pursuant to subsection (a) of Code Section 12-3-243. If the aerial survey demonstrates that the percentage of undeveloped land on Jekyll Island is presently less than 65 percent, then no further development of undeveloped land shall be permitted in the master plan. (b) In the creation of the master plan, the authority shall, after preparation of a preliminary plan, give notice of the existence of the preliminary plan in the legal organs of Glynn and Fulton counties and in at least two newspapers of state-wide general circulation not less than 60 days prior to the meeting of the authority at which the preliminary plan is to be considered for final adoption. After giving this notice, the authority shall hold a public hearing at a convenient location on Jekyll Island and receive and consider such oral and written comments on the preliminary plan as may be presented. (c) The authority, in the exercise of its authority to develop, manage, preserve, and protect Jekyll Island, shall be guided by and shall adhere to the master plan as the same may from time to time be amended as provided in subsection (d) of this Code section. (d) The authority may, from time to time, amend the master plan but only in compliance with the following procedure:
(1) Any proposed amendment to the master plan shall be described in written form and, if capable of such description, in visual form and presented publicly at a regular meeting of the authority; (2) After the proposed amendment is presented publicly at a regular meeting of the authority, a brief summary of the proposed amendment shall be advertised in the legal organs of Glynn and Fulton counties, distributed to the media by news release, and published in appropriate publications of the authority. Each such advertisement, news release, and publication shall also contain:
(A) The time and place of the public hearing on the proposed amendment, which public hearing shall be held no earlier than 15 days after the latest publication of the advertisement in the legal organ of Glynn or Fulton County as required by this paragraph; (B) Directions as to the manner of receiving comments from the public regarding the proposed amendment; and

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(C) The date on which the meeting of the authority at which the proposed amendment will be considered for approval or rejection, which meeting shall not be held any sooner than 30 days after the meeting of the authority at which the proposed amendment was announced pursuant to paragraph (1) of this subsection; (3) The authority shall transmit three by certified mail or personal service copies of the information required by paragraph (2) of this subsection and a complete copy of the proposed amendment to the Speaker of the House, President of the Senate, members of the Jekyll Island--State Park Authority Oversight Committee, and Office of Legislative Counsel at least 30 60 days prior to the date of the meeting at which the proposed amendment will be considered. The Office of Legislative Counsel shall immediately furnish the presiding officers of each house with a copy of the information received. The presiding officers of each house, or the Office of Legislative Counsel if the a presiding officer is unavailable, shall then assign the information to the chairperson of the appropriate standing committee in each house for review and provide copies to any member of that house the General Assembly who makes, or has made, a standing written request; (4) In the event a standing committee to which the information has been assigned as provided in paragraph (3) of this subsection the Jekyll Island--State Park Authority Oversight Committee files an objection to a proposed amendment to the master plan with the chairperson of the authority prior to the authority's taking action on the proposed amendment and the authority adopts the proposed amendment over the objection, the authority shall notify the presiding officers of the Senate and House of Representatives, the chairpersons of the standing committees to which the information was referred, and the Office of Legislative Counsel within ten days after the adoption of the amendment to the master plan, then the same shall be stayed. Thereafter, by introduction of a resolution to override the amendment consider the committee's objection within the first 30 days of the next regular session of the General Assembly, the amendment objection may be considered for ratification by the branch of the General Assembly whose committee objected to its adoption. In the event the resolution is adopted by the members of the branch of the General Assembly in which it is introduced, it shall be immediately transferred to the other branch of the General Assembly, which branch shall consider the resolution within five days of its being received. In the event the resolution to override the amendment to the master plan is adopted by a vote of two-thirds of the members of each branch, the amendment to the master plan shall be void on the day after the adoption of the resolution by the second branch of the General Assembly not be adopted by the authority. In the event the resolution is ratified by a vote of less than two-thirds of the members of either house, the resolution shall be submitted to the Governor for approval or veto. In the event the resolution fails to pass both houses or is vetoed by the Governor, the amendment to the master plan shall remain in effect may be adopted by the authority and the stay of the committee shall be lifted. In the event of the Governor's approval of the resolution, the amendment to the master plan shall be void on the day after the date of the Governor's approval of the resolution prohibited;

FRIDAY, APRIL 20, 2007

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(5) Any proposed changes to the boundaries of the area or areas delineated on the master plan as the 65 percent of the land area of Jekyll Island which lies above water at mean high tide and over which the authority has no power to improve, lease, or sell pursuant to subsection (a) of Code Section 12-3-243 shall be surveyed and marked at least seven days prior to the public hearing required by paragraph (2) of this subsection in such a fashion as to be readily discernible on the ground by members of the public; and (6) At the meeting of the authority which has been identified in the advertisement required by paragraph (2) of this subsection as the meeting to consider the approval or rejection of the proposed amendment, the authority shall consider in an open and public meeting the proposed amendment to the master plan which, if approved, shall become a part of the master plan, subject, however, to the provisions of paragraph (4) of this subsection."
SECTION 9. Said part is further amended by revising subsections (a), (b), and (c) and adding a new subsection (c.1) in Code Section 12-3-247, relating to conditions on sale of residential lots and commercial property, price, and payment into state treasury, as follows:
"(a) The authority shall sell only those residential lots which have theretofore been leased by it not sell any residential lot unless obligated to do so under the terms of a valid lease agreement entered into prior to the effective date of this Code section, and such a sale shall be made only to the person who shall hold such lease, his or her assignee, or assigns. No conveyance of the fee simple title to any residential lot shall be made until the lessee of such lot has performed all the obligations regarding the improvement and erection of structures on the lot as are imposed by the lease. (b) The authority shall sell no not sell any commercial property on which improvements were erected prior to March 1, 1957, but the authority may sell other commercial property; and the authority shall not sell any other commercial property unless obligated to do so under the terms of a valid lease agreement entered into prior to the effective date of this Code section, in which event the commercial property may be sold in the same manner as provided by this part for the sale of leased residential lots. Alternatively, if such commercial property has not previously been leased, it may be sold directly by the authority, provided that the deeds for such direct sales must provide that unless all obligations contained in the conveyance as to improvements and erection of structures on such property are fulfilled, the property shall revert to the authority and the state, as their interest may appear. (c) All sales of residential lots and commercial property, except for direct sales of commercial property provided in this Code section, shall be made at the conversion price set by the authority in accordance with Code Section 12-3-250, provided that any person who purchases any residential lot sold by the authority shall be entitled to credit on the purchase price to the extent of all payments made by him or his assignors or predecessors in interest on such lease, provided that such credit shall not exceed the purchase price of such lot. If such credit shall equal the purchase price for such lot, the

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lessee shall be entitled to a conveyance of the fee simple title to such lot, and the authority shall thereupon pay into the state treasury an amount equal to the value of the state's interest in such property as determined as provided in Code Section 12-3-249. The authority shall establish proper reserves to ensure that funds will be available for such purpose. (c.1) On and after the effective date of this Code section, the authority shall not enter into, extend, or renew any agreement providing for the sale of any residential or commercial lot on Jekyll Island, and Code Section 12-3-250 shall not apply to any new, extended, or renewed agreement."

SECTION 10. Said part is further amended by revising Code Section 12-3-274, relating to the exemption from taxation of authority property, activities, income, and bonds, as follows:
"12-3-274. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose are in all respects for the benefit of the people of this state and constitute a public purpose and that the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this part. 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 upon any fees, rentals, or other charges received by the authority for the use of such buildings, or upon other income received by the authority and that the authority shall be exempt from all sales and use taxes. Further, this state covenants that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from all taxation within the state."

SECTION 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 12. All laws and parts of laws in conflict with this Act are repealed.

Representative Barnard of the 166th moved that the House adopt the report of the Committee of Conference on HB 214.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Amerson Y Ashe

Y Dempsey Y Dickson Y Dollar Y Drenner

Y Holt Y Horne Y Houston Y Howard

Y Martin E Maxwell Y May Y McCall

Y Scott, M Y Sellier Y Setzler
Shaw

FRIDAY, APRIL 20, 2007

4885

Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas
Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S
Day

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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton
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

E Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight
Knox Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Lunsford Maddox Y Mangham E Manning Y Marin

Y McKillip Y Meadows
Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Sheldon Y Shipp
Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker
Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, M Y Williams, R Y Wix
Yates Richardson, Speaker

On the motion, the ayes were 157, nays 0.

The motion prevailed.

HB 451. By Representatives Lewis of the 15th, Stephens of the 164th, Parrish of the 156th and Watson of the 91st:

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 taxation, so as to provide for a program of tax refunds for companies creating certain tourism attractions; to provide for a short title; to define terms; to state legislative findings; to provide for conditions of eligibility and approval by the Department of Economic Development and a local government; to provide for agreements between that department and companies; to provide for regulations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 451

The Committee of Conference on HB 451 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 451 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Pearson Senator, 51st District

/s/ Lewis Representative, 15th District

/s/ Seabaugh Senator, 28th District

/s/ Stephens Representative, 164th District

/s/ Jeff Mullis Senator, 53rd District

/s/ Parrish Representative, 156th 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 relating to income tax credits for film, video, or digital productions in this state; to provide for a program of tax refunds for companies creating and expanding certain tourism attractions; to provide for a short title; to define terms; to state legislative findings; to provide for conditions of eligibility and approval by the Department of Economic Development and a local government; to provide for agreements between that department and companies; to provide for regulations; 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 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Code Section 48-7-40.26, relating to income tax credits for film, video, or digital productions in this state, by revising paragraph (9) of subsection (b) 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

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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 Reserved."
SECTION 2. Said title is further amended by revising subsections (c) and (d) of said Code Section 487-40.26 as follows:
"(c) For any production company and its affiliates that invest in a state certified production approved by the Department of Economic Development and whose average annual total production expenditures in this state did not exceed $30 million for 2002, 2003, and 2004, there shall be allowed an income tax credit against the tax imposed under this article. The tax credit under this subsection shall be allowed if the base investment in this state equals or exceeds $500,000.00 for qualified production activities and shall be calculated as follows:
(1) The production company shall be allowed a tax credit equal to 9 15 percent of the base investment in this state; (2) If the base investment in this state is in a tier 1 or tier 2 county, the production company shall be allowed an additional tax credit equal to 3 percent of such base investment Reserved; (3) If Georgia residents are employed in the production, the production company shall be allowed an additional tax credit equal to 3 percent of the total aggregate payroll of Georgia residents; and (4) If the base investment in this state is in excess of $20 million for multiple television projects, the production company shall be allowed an additional tax credit equal to 2 percent of such base investment. (d) For any production company and its affiliates that invest in a state certified production approved by the Department of Economic Development and whose average annual total production expenditures in this state exceeded $30 million for 2002, 2003, and 2004, there shall be allowed an income tax credit against the tax imposed under this article. For purposes of this subsection, the excess base investment in this state is computed by taking the current year production expenditures in a state certified production and subtracting the average of the annual total production expenditures for 2002, 2003, and 2004. The tax credit shall be calculated as follows: (1) If the excess base investment in this state equals or exceeds $500,000.00, the production company and its affiliates shall be allowed a tax credit of 9 15 percent of such excess base investment; (2) An additional tax credit of 3 percent shall be allowed to the production company and its affiliates that qualify for and claim a credit under paragraph (1) of this subsection but only with respect to that portion of such production company's and affiliate's base investment that is the difference between the production expenditures in a state certified production in a tier 1 or tier 2 county in the current year and the average of the aggregate production expenditures made in those same counties for the years 2002, 2003, and 2004 Reserved;

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(3) If Georgia residents are employed in the production, the production company and its affiliates shall be allowed an additional tax credit equal to 3 percent of the difference between the total aggregate payroll of Georgia residents, which is includable in the base investment in the current year, and the average of the aggregate payroll of Georgia residents for the years 2002, 2003, and 2004; and (4) If the excess base investment in this state is in excess of $20 million for multiple television projects, the production company and its affiliates shall be allowed an additional tax credit equal to 2 percent of the difference between the production expenditures in a state certified production for multiple television projects in the current year over the average of the production expenditures for multiple television projects for the years 2002, 2003, and 2004."
SECTION 3. Said title is further amended in Chapter 8, relating to sales and use taxation, by adding a new Article 5 as follows:
"ARTICLE 5
48-8-240. This article shall be known and may be cited as the 'Georgia Tourism Development Act.'
48-8-241. As used in this article, the term:
(1) 'Agreement' means a tourism attraction agreement entered into, pursuant to Code Section 48-8-245, on behalf of the Georgia Department of Economic Development and an approved company, with respect to a tourism attraction project. (2) 'Approved company' means any corporation, limited liability company, partnership, limited liability partnership, sole proprietorship, business trust, or any other entity that is seeking to undertake a tourism project pursuant to Code Section 48-8-245 and is approved by the commissioner of economic development and by the governing authority of the city where the tourism attraction project is to be located if within a city or otherwise by the governing authority of the county where the tourism attraction project is to be located. (3) 'Approved costs' means:
(A) Obligations incurred for labor and to vendors, contractors, subcontractors, builders, suppliers, deliverymen, and materialmen in connection with the acquisition, construction, equipping, and installation of a tourism attraction project; (B) The costs of acquiring real property or rights in real property and any costs incidental thereto; (C) All costs for construction materials and equipment installed at the tourism attraction project;

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(D) The cost of contract bonds and of insurance of all kinds that may be required or necessary during the course of the acquisition, construction, equipping, and installation of a tourism attraction project which is not paid by the vendor, supplier, deliveryman, contractor, or otherwise provided; (E) All costs of architectural and engineering services, including but not limited to: estimates, plans and specifications, preliminary investigations, and supervision of construction and installation, as well as for the performance of all the duties required by or consequent to the acquisition, construction, equipping, and installation of a tourism attraction project; (F) All costs required to be paid under the terms of any contract for the acquisition, construction, equipping, and installation of a tourism attraction project; (G) All costs required for the installation of utilities, including but not limited to: water, sewer, sewer treatment, gas, electricity and communications and including off-site construction of the facilities paid for by the approved company; and (H) All other costs comparable with those described in this paragraph. (4) 'Incremental Georgia sales and use tax' means those state sales and use taxes generated by the project above the amount of sales and use taxes generated by the previous use of the property on which the project is located. (5) 'Tourism attraction' means a cultural or historical site; a recreation or entertainment facility; an area of natural phenomenon or scenic beauty; a convention hotel and conference center; a race track with lodging and restaurant and other tourism amenities; a golf course facility with lodging and restaurant and other tourism amenities; marinas and water parks with lodging and restaurant facilities; or an entertainment destination center, designed to attract tourists to the State of Georgia, subject to the following conditions: (A) A tourism attraction shall include commercial lodging facilities if the facilities constitute a significant portion of a tourism attraction project or the facilities are to be located on recreational property leased from a county, a municipal corporation, the state, or the federal government; and (B) A tourism attraction shall not include the following:
(i) Facilities that are primarily devoted to the retail sale of goods, shopping centers, restaurants, or movie theaters; or (ii) Recreational facilities that do not serve as a likely destinations where individuals who are not residents of the state would remain overnight in commercial lodging at the tourism attraction project. (6) 'Tourism attraction project' or 'project' means the real estate acquisition, including the acquisition of real estate by a leasehold interest with a minimum term of 30 years, construction, and equipping of a tourism attraction; the construction and installation of improvements to facilities necessary or desirable for the acquisition, construction, and installation of a tourism attraction project, including but not limited to surveys; installation of utilities, which may include water, sewer, sewage treatment, gas, electricity, communications, and similar facilities; and off-site construction of utility extensions if paid for by the approved company.

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48-8-242. The General Assembly finds and declares that the general welfare and material wellbeing of the citizens of the state depend in large measure upon the development of tourism in the state; that it is in the best interest of the state to induce the creation of new tourism attractions and the expansion of existing tourism attractions within the state in order to advance the public purposes of relieving unemployment by preserving and creating jobs that would not exist if not for the sales and use tax refund offered by the State of Georgia to approved companies and preserving and creating sources of tax revenues for the support of public services provided by the state; that the purposes to be accomplished under the provisions of this article are proper governmental and public purposes for which public moneys may be expended; and that the inducement of the creation and expansion of tourism attraction projects is of paramount importance to the economy of the state, mandating that the provisions of this article are to be liberally construed and applied in order to advance public purposes.
48-8-243. (a)(1)(A) In consideration of the execution of the agreement each approved company shall be granted a sales and use tax refund from the incremental Georgia sales and use tax and all local sales and use taxes on the sales generated by the approved company and arising at the tourism attraction. (B) In consideration of the execution of the agreement each approved company shall be granted a sales and use tax refund from the incremental Georgia sales and use tax and all local sales and use taxes on the sales generated by the approved company that are attributable to and connected with any project to be a part of or an addition to an existing tourism attraction. Each approved company shall keep and maintain annual records that delineate the increase in sales created by a project at an existing tourism attraction in order to be eligible to be granted a refund for that increase in sales.
(2) The approved company shall have no obligation to refund or otherwise return any amount of this sales and use tax refund to the persons from whom the sales and use tax was collected. (3) For all tourism attractions the term of the agreement granting the sales and use tax refund shall be ten years. (4) This time period shall commence on the later of:
(A) The final approval of the agreement for purposes of the sales and use tax refund; or (B) The effective date specified in the agreement. (b) Any sales and use tax collected by an approved company on sales transacted after final approval but prior to the commencement of the term of the agreement shall be refundable as if collected after the commencement of the term and applied to the approved company's first year's refund after activation of the term and without changing the term.

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(c) The total sales and use tax refund allowed to the approved company over the term of the agreement shall be equal to the lesser of the total amount of the sales and use tax liability of the approved company or 25 percent of the approved costs for the tourism attraction project, subject to the following conditions:
(1) The sales and use tax refund shall accrue over the term of the agreement in an annual amount equal to 2.5 percent of the approved costs; and (2) Notwithstanding the foregoing 2.5 percent limitation, any unused sales and use tax refunds from a previous year may be carried forward to any succeeding year during the term of the agreement. (d) On or before March 31 of each year during the term of the agreement, an approved company shall file with the department a claim for sales and use tax refund collected by the approved company and remitted to the department during the preceding calendar year pursuant to subsection (c) of this Code section. (e) The department, in consultation with other appropriate state agencies, shall promulgate administrative regulations and require the filing of a refund form designed by the department to reflect the intent of this article.
48-8-244. (a) The commissioner of economic development, in consultation with other appropriate state agencies, shall establish standards for the filing of an application for tourism attraction projects by the promulgation of administrative regulations. (b) An application for a tourism attraction project filed with the Department of Economic Development shall include: marketing plans for the tourism attraction project that target individuals who are not residents of the state; a description and location of the tourism attraction project; capital and other anticipated expenditures for the tourism attraction project and the anticipated sources of funding therefor; the anticipated employment and wages to be paid at the tourism attraction project; business plans which indicate the average number of days in a year in which the tourism attraction project will be in operation and open to the public; and the anticipated revenues to be generated by the tourism attraction project. (c) The commissioner of economic development and the local governing authority specified in paragraph (2) of Code Section 48-8-241 may grant approval to the tourism attraction project if the project shall:
(1)(A) Have approved costs in excess of $25 million if the project is to be a new tourism attraction. (B) Have approved costs in excess of $10 million if the project is to be a part of or an addition to an existing tourism attraction; (2) Have a significant and positive economic impact on the state considering, among other factors, the extent to which the tourism attraction project will compete directly with existing tourism attractions in the state and the amount by which increased state and local tax revenues from the tourism attraction project will exceed the refund to be given to the approved company;

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(3) Produce sufficient revenues and public demand to be operating and open to the public for a minimum of 120 days per year; and (4) Not adversely affect existing employment in the state.

48-8-245. (a) The Department of Economic Development, upon final approval of a tourism attraction project application, shall enter into an agreement with any approved company and the terms and provisions of each agreement shall include, but not be limited to:
(1) The projected amount of approved costs, provided any increase in approved costs incurred by the approved company and agreed to by the department shall apply retroactively for purposes of calculating the carry forward for unused sales and use tax refunds as set forth in subsection (c) of Code Section 48-8-243 for tax years commencing on or after the effective date of this article; (2) A date certain by which the approved company shall have completed the tourism attraction project and begun operations. Upon request from any approved company that has received final approval, the Department of Economic Development shall grant an extension or change, which in no event shall exceed 18 months from the date of final approval, to the completion date as specified in the agreement with an approved company; (3) The term shall be ten years from the later of:
(A) The date of the final approval of the tourism attraction project; or (B) The original effective date specified in the agreement, if this effective date is within three years of the date of the final approval of the tourism attraction project."

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 law in conflict with this Act are repealed.

Representative Lewis of the 15th moved that the House adopt the report of the Committee of Conference on HB 451.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson

Y Holt Y Horne Y Houston
Howard E Hudson Y Hugley
Jackson Y Jacobs Y James

Y Martin E Maxwell Y May Y McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F

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Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B Y Casas
Chambers Y Channell
Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S
Day

Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor
Scott, A

N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, M Y Williams, R Y Wix
Yates Richardson, Speaker

On the motion, the ayes were 156, nays 1.

The motion prevailed.

HB 463. By Representatives McCall of the 30th, Powell of the 29th, Burns of the 157th, Roberts of the 154th, Lunsford of the 110th and others:

A BILL to be entitled an Act to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, so as to change certain provisions relating to exemptions from said chapter; to change certain provisions relating to education and training requirements relative to said chapter, required programs, instructor qualifications, and expiration of certification; 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 463

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The Committee of Conference on HB 463 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 463 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Bulloch Senator, 11th District

/s/ McCall Representative, 30th District

/s/ Pearson Senator, 51st District

/s/ Smith Representative, 70th District

/s/ Tolleson Senator, 20th District

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 of the Department of Natural Resources, the Environmental Advisory Council, duties of the council and its members and the director, procedure for aggrieved persons, and inspections; to change certain provisions relating to certification of locality as local issuing authority, periodic review, procedure for revoking certification, and enforcement actions relative to control of soil erosion and sedimentation; to change certain provisions relating to education and training requirements relative to soil erosion and sedimentation control requirements, required programs, instructor qualifications, and expiration of certification; to provide for regulation and permitting of land disposal sites that receive septic tank waste and rules and regulations relating thereto; to change certain provisions relating to permits from the Department of Natural Resources for land disposal sites that receive septic tank waste and rules and regulations relating thereto; to amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to change certain provisions relating to permits from the Department of Human Resources for land disposal sites that receive septic tank waste and rules and regulations relating 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.

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Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended in Code Section 12-2-2, relating to the Environmental Protection Division, Environmental Advisory Council, duties of the council and its members and the director, procedure for aggrieved persons, and inspections, by revising subparagraph (c)(1)(A) as follows:
"(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 ten 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 notify applicants within ten days of receipt of a completed application as to the name and address of the person assigned to perform the review and the date, time, and location of the application review. 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."
SECTION 2. Said title is further amended by revising Code Section 12-7-8, relating to certification of locality as local issuing authority, periodic review, procedure for revoking certification, and enforcement actions relative to control of soil erosion and sedimentation, as follows:
"12-7-8. (a)(1) If a county or municipality has enacted ordinances which meet or exceed the standards, requirements, and provisions of this chapter and the state general permit, except that the standards, requirements, and provisions of the ordinances for monitoring, reporting, inspections, design standards, turbidity standards, and education and training, and project size thresholds with regard to education and training requirements shall not exceed the state general permit requirements, and which are enforceable by such county or municipality, and if a county or municipality documents that it employs qualified personnel to implement enacted ordinances, the director may certify such county or municipality as a local issuing authority for the purposes of this chapter. (2) A local issuing authority shall regulate both primary and secondary permittees as such terms are defined in the state general permit. Primary permittees shall be responsible for installation and maintenance of best management practices where the primary permittee is conducting land-disturbing activities. Secondary permittees shall be responsible for installation and maintenance of best management practices where the secondary permittee is conducting land-disturbing activities. A local issuing

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authority must review, revise, or amend its ordinances within 12 months of any amendment to this chapter. (3) Any land-disturbing activities by a local issuing authority shall be subject to the same requirements of the ordinances such local issuing authority adopted pursuant to this chapter as are applied to private persons, and the division shall enforce such requirements upon the local issuing authority. (b) The districts or the commission or both shall periodically review semi-annually the actions of counties and municipalities which have been certified as local issuing authorities pursuant to subsection (a) of this Code section. The districts or the commission or both may provide technical assistance to any county or municipality for the purpose of improving the effectiveness of the county's or municipality's erosion and sedimentation control program. The districts or the commission shall notify the division and request investigation by the division if any deficient or ineffective local program is found. (c) The board, on or before December 31, 2003, shall promulgate rules and regulations setting forth the requirements and standards for certification and the procedures for decertification of a local issuing authority. The division may periodically review the actions of counties and municipalities which have been certified as local issuing authorities pursuant to subsection (a) of this Code section. Such review may include, but shall not be limited to, review of the administration and enforcement of and compliance with a governing authority's ordinances and review of conformance with an agreement, if any, between the district and the governing authority. If such review indicates that the governing authority of any county or municipality certified pursuant to subsection (a) of this Code section has not administered or, enforced, or complied with its ordinances or has not conducted the program in accordance with any agreement entered into pursuant to subsection (e) of Code Section 12-7-7, the division shall notify the governing authority of the county or municipality in writing. The governing authority of any county or municipality so notified shall have 30 90 days within which to take the necessary corrective action to retain certification as a local issuing authority. If the county or municipality does not take necessary corrective action within 30 90 days after notification by the division, the division may shall revoke the certification of the county or municipality as a local issuing authority. (d) The director may determine that the public interest requires initiation of an enforcement action by the division. Where such a determination is made and the local issuing authority has failed to secure compliance, the director may implement the board's rules and seek compliance under provisions of Code Sections 12-7-12 through 12-7-15. For purposes of this subsection, enforcement actions taken by the division pursuant to Code Sections 12-7-12 through 12-7-15 shall not require prior revocation of certification of the county or municipality as a local issuing authority."
SECTION 3. Said title is further amended by revising Code Section 12-7-19, relating to education and training requirements relative to soil erosion and sedimentation control requirements,

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required programs, instructor qualifications, and expiration of certification, as follows: "12-7-19. (a)(1) Persons After December 31, 2006, all persons involved in land development design, review, permitting, construction, monitoring, or inspection or any landdisturbing activity shall meet the education and training certification requirements, dependent on their his or her level of involvement with the process, as developed by the commission in accordance with this Code section and in consultation with the division and the Stakeholder Advisory Board created pursuant to Code Section 12-720. (2) On or after the effective date of this subsection, for each site on which landdisturbing activity occurs, each entity or person acting as either a primary, secondary, or tertiary permittee, as defined in the state general permit, shall have as a minimum one person who is in responsible charge of erosion and sedimentation control activities on behalf of said entity or person and meets the applicable education or training certification requirements developed by the commission present on site whenever land-disturbing activities are conducted on that site. A project site shall herein be defined as any land disturbance site or multiple sites within a larger common plan of development or sale permitted by an owner or operator for compliance with the state general permit. (3) Persons or entities involved in projects not requiring a state general permit but otherwise requiring certified personnel on site may contract with certified persons to meet the requirements of this chapter. (4) If a state general permittee who has operational control of land-disturbing activities for a site has met the certification requirements of paragraph (1) of subsection (b) of this Code section, then any person or entity involved in landdisturbing activity at that site and operating in a subcontractor capacity for such permittee shall have until December 31, 2007, to meet those educational requirements specified in paragraph (4) of subsection (b) of Code Section 12-7-19 and shall not be required to meet any educational requirements that exceed those specified in said paragraph. (b) No less than the following training programs shall be established: (1) A fundamentals seminar (Level 1) will be established which provides sufficient training to all participants as to the applicable laws, requirements, processes, and latest means and methods recognized by the this state to effectively control erosion and sedimentation; (2) An advanced fundamentals seminar (Level 1) will be established which provides additional details of installation and maintenance of best management practices for both regulatory and nonregulatory inspectors and others; (3) An introduction to design seminar (Level 2) will be established which provides required training to design and review a successful erosion, sedimentation, and pollution control plan; (4) An awareness seminar (Level 1) will be established which does not exceed two hours in duration and which provides information regarding the erosion and sediment

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control practices and processes in the state and which will include an overview of the systems, laws, and roles of the participants; and (5) A trainer and instructor seminar will be established for both Level 1 and Level 2 trainers and instructors which will provide the minimum training as to applicable laws and best management practices and design of erosion, sedimentation, and pollution control plans in the this state. (c) Trainer and instructor qualifications will be established with the following minimum requirements: (1) Level 1 trainers and instructors shall meet at least the following minimum requirements and any other requirements as set by the commission:
(A) Education: four-year college degree or five years' experience in the field of erosion and sediment control; (B) Experience: five-years' experience in the field of erosion and sediment control. Where years of experience is used in lieu of the education requirement of subparagraph (A) of this paragraph, a total of ten years' field experience is required; (C) Approval by the commission and the Stakeholder Advisory Board; and (D) Successful completion of the Level 1 trainer and instructor seminar found in paragraph (5) of subsection (b) of this Code section; and (2) Level 2 trainers and instructors shall meet at least the minimum requirements of a Level 1 trainer or instructor, any other requirements as set by the commission, and successful completion of the Level 2 trainer and instructor seminar created under paragraph (5) of subsection (b) of this Code section. (d) In addition to the requirements of subsection (c) of this Code section, the commission shall establish and any person desirous of holding certification must obtain a passing grade as established by the Stakeholder Advisory Board on a final exam covering the material taught in each mandatory seminar; provided, however, that there shall be no final exam requirement for purposes of paragraph (4) of subsection (b) of this Code section. Final exams may, at the discretion of the commission, serve in lieu of attendance at the seminar. Any person shall be authorized to administer a final examination for any seminar for which he or she was the instructor. (e)(1) A certification provided by achieving the requirements established by the commission shall expire no later than three years after its issuance. (2) A certified individual shall be required to attend and participate in at least four hours of approved continuing education courses, as established by the commission, every three years. (3) A certification may be extended or renewed by meeting requirements established by the commission. (4) Revocation procedures may be established by the commission in consultation with the division and the Stakeholder Advisory Board."
SECTION 4. Said title is further amended by revising Code Section 12-8-41, relating to permits from the Department of Natural Resources for land disposal sites that receive certain septic

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tank waste and rules and regulations relating thereto, as follows: "12-8-41. The department shall provide by rule or regulation for the regulation and permitting of any land disposal site that receives septic tank waste from more than one any one or more septic tank pumping and hauling business businesses; provided, however, that no such permit shall be issued except on the written approval of the governing authority of each county in which such site is wholly or partially located; provided, further, that no such approval shall be required if such site was in operation as of July 1, 2002. No such site which was not in operation on January 1, 2002, shall receive septic tank waste on or after July 1, 2002, unless a permit has been issued by the department. Any new permit issued for such type of site on or after July 1, 2007, shall be issued by the department under this Code section. Any such type of site that as of June 30, 2007, operated under a valid permit issued on or before such date by the Department of Human Resources under Code Section 31-2-8 may continue to operate under such Code section until July 1, 2012, but a permit shall be obtained from the department under this Code section prior to such date in order to continue such operation thereafter."
SECTION 5. Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, is amended by revising Code Section 31-2-8, relating to permits from the Department of Human Resources for land disposal sites that receive certain septic tank waste and rules and regulations relating thereto, as follows:
"31-2-8. The Until July 1, 2012, the department shall provide by rule or regulation for the regulation and permitting of any land disposal site that receives septic tank waste from only one septic tank pumping and hauling business and which as of June 30, 2007, operated under a valid permit for such activity as issued by the department under this Code section; provided, however, that no such permit shall be issued except on the written approval of the governing authority of each county in which such site is wholly or partially located. No such site which was not in operation on January 1, 2002, shall receive septic tank waste on or after July 1, 2002, unless a permit has been issued by the department. No new permit shall be issued by the department under this Code section for such type of site on or after July 1, 2007, but instead any new permit issued for such type of site on or after such date shall be issued by the Department of Natural Resources under Code Section 12-8-41. This Code section shall stand repealed on July 1, 2012."
SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

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Representative McCall of the 30th moved that the House adopt the report of the Committee of Conference on HB 463.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant Y Buckner
Burkhalter Y Burns N Butler Y Byrd Y Carter, A Y Carter, B Y Casas
Chambers Y Channell
Cheokas Y Coan
Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H Y Davis, S
Day

Y Dempsey Y Dickson
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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
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 Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Martin E Maxwell Y May Y McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

Y Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton
Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, M Y Williams, R
Wix Yates Richardson, Speaker

On the motion, the ayes were 152, nays 1.

The motion prevailed.

HB 486. By Representative Willard of the 49th:

A BILL to be entitled an Act to amend Code Section 48-5-359.1 of the Official Code of Georgia Annotated, relating to contracts with the county tax

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commissioner to assess and collect municipal taxes and prepare the tax digest, so as to change certain provisions regarding compensation to be paid to the tax commissioner for additional duties; 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 486

The Committee of Conference on HB 486 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 486 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ John J. Wiles Senator, 37th District

/s/ Wendell K. Willard Representative, 49th District

/s/ Daniel Weber Senator, 40th District

/s/ Edward Lindsey Representative, 54th District

/s/ David Shafer Senator, 48th District

/s/ A. Richard Royal Representative, 171st District

A BILL

To amend Code Section 48-5-359.1 of the Official Code of Georgia Annotated, relating to contracts with the county tax commissioner to assess and collect municipal taxes and prepare the tax digest, so as to change certain provisions regarding compensation to be paid to the tax commissioner for additional duties; to provide for an exception; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-5-359.1 of the Official Code of Georgia Annotated, relating to contracts with the county tax commissioner to assess and collect municipal taxes and prepare the tax digest, is amended by revising subsection (a) as follows:

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"(a)(1)(A) This paragraph shall apply to a county which has fewer than 50,000 tax parcels within such county. (B) Any county and any municipality wholly or partially located within such county may contract, subject to approval by the tax commissioner of the county, for the tax commissioner to prepare the tax digest for such municipality; to assess and collect municipal taxes in the same manner as county taxes; and, for the purpose of collecting such municipal taxes, to invoke any remedy permitted for collection of municipal taxes. Any contract authorized by this subsection between the county governing authority and a municipality shall specify an amount to be paid by the municipality to the county which amount will substantially approximate the cost to the county of providing the service to the municipality. Notwithstanding the provisions of any other law, the tax commissioner is authorized to contract for and to accept, receive, and retain compensation from the municipality for such additional duties and responsibilities in addition to that compensation provided by law to be paid to the tax commissioner by the county. (2)(A) This paragraph shall apply to any county which has 50,000 or more tax parcels within such county. (B) Any county and any municipality wholly or partially located within such county may contract for the tax commissioner to prepare the tax digest for such municipality; to assess and collect municipal taxes in the same manner as county taxes; and, for the purpose of collecting such municipal taxes, to invoke any remedy permitted for collection of municipal taxes. Any contract authorized by this subsection between the county governing authority and a municipality shall specify an amount to be paid by the municipality to the county which amount will substantially approximate the cost to the county of providing the service to the municipality. Notwithstanding the provisions of any other law, the tax commissioner is authorized to accept, receive, and retain compensation from the county for such additional duties and responsibilities in addition to that compensation provided by law to be paid to the tax commissioner by the county."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Willard of the 49th moved that the House adopt the report of the Committee of Conference on HB 486.
On the motion, the roll call was ordered and the vote was as follows:

FRIDAY, APRIL 20, 2007

4903

Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant Y Buckner
Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B Y Casas
Chambers Y Channell
Cheokas Y Coan
Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M N Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton
Hanner Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Y Henson Hill, C Y Hill, C.A Y Holmes

Y Holt Y Horne
Houston Y Howard E Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser
Keen Y Keown Y Knight
Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Martin E Maxwell Y May Y McCall Y McKillip
Meadows Millar Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell N Pruett Y Ralston Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Rynders Y Sailor Y Scott, A

Y Scott, M Y Sellier Y Setzler
Shaw Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Williams, E Y Williams, M Williams, R Wix Yates Richardson, Speaker

On the motion, the ayes were 142, nays 2.

The motion prevailed.

HB 354. By Representative O`Neal of the 146th:

A BILL to be entitled an Act to amend Titles 36 and 48 of the Official Code of Georgia Annotated, relating, respectively, to local government and revenue and taxation, so as to establish procedures and due dates for notification of homeowner tax relief grants; to provide for recording of tax executions; to change certain income requirements for taxpayers 62 years of age or older seeking a homestead exemption for school tax purposes; to change certain provisions regarding the transmission of resolutions setting

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the terms of members of boards of tax assessors; to provide for additional return filing requirements for public utilities; 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 354

The Committee of Conference on HB 354 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 354 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Johnson Senator, 1st District

/s/ O'Neal Representative, 146th District

/s/ Chip Rogers Senator, 21st District

/s/ Talton Representative, 145th District

/s/ Sims Representative, 119th District

A BILL

To amend Titles 16, 36, and 48 of the Official Code of Georgia Annotated, relating, respectively, to crimes and offenses, local government, and revenue and taxation, so as to provide for the comprehensive revision of provisions relating to state and local taxation; to change certain determination letter requirements regarding raffle and bingo licensing procedures; to establish procedures and due dates for notification of homeowner tax relief grants and change provisions relative to the funding and amount of such grants for certain periods of time; to provide for service of certain subpoenas; to change refund provisions regarding alcoholic beverages stamps; to provide for certain definitions regarding sales and use tax refunds; to provide for service of summons of garnishment; to provide for recording of tax executions; to change certain income requirements for taxpayers 62 years of age or older seeking a homestead exemption for school tax purposes; to repeal certain provisions relating to payment of taxes where property lies in more than one county; to change certain provisions regarding the transmission of resolutions setting the terms of members of boards of tax assessors; to provide for additional return filing

FRIDAY, APRIL 20, 2007

4905

requirements for public utilities; to change provisions regarding certain nonprofit organizations; to provide for a one-time consent agreement by nonresident members of Georgia Subchapter "S" corporations; to change certain provisions regarding the driver education credit; to add the federal government as a qualified recipient of Georgia conservation property for purposes of the conservation tax credit; to provide for the treatment of donations effected by sales at less than fair market value; to change the standard for determining the fair market value of certain donations; to provide for civil penalties on certain tax preparers; to change certain withholding requirements; to change the penalty provision for nonwithholding on certain taxpayers; to remove certain provisions regarding unidentifiable sales and use tax proceeds; 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 16 of the Official Code of Georgia Annotated, related to crimes and offenses, is amended by revising subparagraph (d)(2)(E) of Code Section 16-12-22.1, relating to raffle licenses, as follows:
"(E) A determination letter from the Georgia Department of Revenue certifying statement affirming that the applicant is exempt under the income tax laws of this state under Code Section 48-7-25;"
SECTION 2. Said title is further amended by revising paragraph (3.1) of Code Section 16-12-51, relating to definitions pertaining to bingo, as follows:
"(3.1) 'Nonprofit, tax-exempt organization' means an organization, association, corporation, or other legal entity which has been determined by the federal Internal Revenue Service to be exempt from taxation under federal tax law and has been determined by the Georgia Department of Revenue to be which is exempt from taxation under the income tax laws of this state under Code Section 48-7-25; which is organized or incorporated in this state or authorized to do business in this state; and which uses the proceeds from any bingo games conducted by such organization solely within this state."
SECTION 3. Said title is further amended by revising paragraph (5) of subsection (b) of Code Section 16-12-53, relating to bingo licensing procedure, as follows:
"(5) A determination letter from the Georgia Department of Revenue certifying statement affirming that the applicant is exempt under the income tax laws of this state under Code Section 48-7-25;"

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SECTION 4. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by revising Code Section 36-89-2, relating to appropriation of funds for homeowner tax relief grants, revising Code Section 36-89-3, relating to the manner of such appropriation, and inserting a new Code Section 36-89-3.1 as follows:
"36-89-2. In each year the General Assembly shall appropriate funds for homeowner tax relief grants to counties, municipalities, and county or independent school districts, in order to provide for more effective regulation and management of the finance and fiscal administration of the state and pursuant to and in furtherance of the provisions of Article III, Section IX, Paragraph II(c) of the Constitution; Article VII, Section IIA of the Constitution; Article VII, Section III, Paragraph III of the Constitution; Article VIII, Section I, Paragraph I of the Constitution; and other provisions of the Constitution.
36-89-3. In each year the General Assembly shall appropriate to the Department of Revenue funds to provide homeowner tax relief grants to counties, municipalities, and county or independent school districts. When Except as otherwise provided in Code section 3689-3.1, when funds are so appropriated, the General Appropriations Act shall specify the amount appropriated and the eligible assessed value of each qualified homestead in the state for the specified tax year, which eligible assessed value shall, subject to annual appropriation by the General Assembly, be not less than that specified in the Fiscal Year 2004 General Appropriations Act. If for any reason the amount appropriated in the General Appropriations Act is insufficient to fund the eligible assessed value stated in the General Appropriations Act, the amount appropriated may be adjusted in amendments to the General Appropriations Act.
36-89-3.1. (a) For the taxable year beginning January 1, 2006, the eligible assessed value of each qualified homestead in the state shall be $10,000.00. For the taxable year beginning January 1, 2007, the eligible assessed value of each qualified homestead in the state shall be $12,750.00; and all additional funds appropriated to the Department of Revenue for homeowner tax relief grants in the amended General Appropriations Act for the state fiscal year beginning July 1, 2006, and ending June 30, 2007, which funds are in excess of those originally appropriated in the original General Appropriations Act for that fiscal year, shall be included in the grants distributed in calendar year 2007 under Code Section 36-89-4. Such additional funds shall be immediately distributed to cities, counties, and school districts for such purpose as partial payment of the grants to be distributed in calendar year 2007; and if for any reason such immediate distribution is impracticable such funds shall be committed and encumbered for such purpose and shall not lapse. (b) The provisions of this Code section shall control over any conflicting language in any appropriations Act. However, the implementation of this Code section shall be

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contingent upon the enactment of an amended general appropriations Act for the fiscal year beginning July 11, 2006, and ending June 30, 2007, which appropriates funds sufficient to fund this Code section; and in the absence of such an appropriation this Code section shall not be implemented. (c) For all other taxable years the eligible assessed value of each qualified homestead shall be determined as provided in Code Section 36-89-3."
SECTION 5. Said title is further amended by revising subsection (a) of Code Section 36-89-4, relating to procedures and conditions for homeowner tax relief grant allotment, as follows: "(a)(1) When funds are appropriated as provided in Code Section 36-89-3, such grants shall be allotted to each county, municipality, and county or independent school district in the this state as follows:
(A) Immediately following the actual preparation of ad valorem property tax bills, but no later than one year after the date the final installment of taxes was due, each county fiscal authority shall notify the Department of Revenue of the total amount of tax revenue which would be generated by applying the sum of the state and county millage rates to the eligible assessed value of each qualified homestead in the county. The total amount of actual tax credits, so calculated, given to all qualified homesteads in the county shall be the amount of the grant to that county; (B) Immediately following the actual preparation of ad valorem property tax bills, but no later than one year after the date the final installment of taxes was due, each county or independent school district's fiscal authority shall notify the Department of Revenue of the total amount of tax revenue which would be generated by applying the school millage rate to the eligible assessed value of each qualified homestead in the county or independent school district. The total amount of actual tax credits, so calculated, given to all qualified homesteads in the county or independent school district shall be the amount of the grant to that county or independent school district; and (C) Immediately following the actual preparation of ad valorem property tax bills, but no later than one year after the date the final installment of taxes was due, each municipality's fiscal authority shall notify the Department of Revenue of the total amount of tax revenue which would be generated by applying the municipal millage rate to the eligible assessed value of each qualified homestead in the municipality. The total amount of actual tax credits, so calculated, given to all qualified homesteads in the municipality shall be the amount of the grant to that municipality. (2) Credit amounts computed under paragraph (1) of this subsection shall be applied to reduce the otherwise applicable tax liability on a dollar-for-dollar basis, but the credit granted shall not in any case exceed the amount of the otherwise applicable tax liability after the granting of all applicable homestead exemptions except for any homestead exemption under Article 2A of Chapter 8 of Title 48, the 'Homestead

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Option Sales and Use Tax Act,' as amended, and after the granting of all applicable millage rollbacks. (3) A county fiscal authority, county or independent school district fiscal authority, or municipal fiscal authority that fails to notify the Department of Revenue of the total amount of actual tax credits given to all qualified homesteads by the date specified in this Code section shall forfeit its rights to the grant for such tax year. The state revenue commissioner may waive the notification requirement and authorize issuance of the grant whenever and to the extent that the state revenue commissioner reasonably determines that the failure to timely notify the Department of Revenue was due to reasonable cause and not due to willful neglect or disregard of the law or of regulations or instructions issued pursuant to the law."
SECTION 6. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising paragraph (4) of subsection (a) of Code Section 48-2-8, relating to the state revenue commissioner's authorization to issue subpoenas, as follows:
"(4) Subpoena the attendance of witnesses and require the production of books, papers, records, and documents and, subject to the rights of the taxpayer as to rights of privacy guaranteed to him the taxpayer by the Constitution and laws of this state, may examine such items and the books, records, inventories, or business of any taxpayer or of any fiduciary, bailee, or other person having knowledge of the tax liability of any taxpayer or knowledge pertinent to the investigation or inquiry. The subpoena may be served by the commissioner or the commissioner's authorized representative to a person at the person's last known address by registered or certified mail or statutory overnight delivery, return receipt requested. If a person refuses to accept service of a subpoena by registered or certified mail or statutory overnight delivery, the subpoena shall be served by the commissioner or the commissioner's authorized representative under any other method of lawful service and the person shall be personally liable to the commissioner for a sum equal to the actual costs incurred to serve the subpoena. This liability shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the same manner as other taxes administered by the commissioner."
SECTION 7. Said title is further amended in Code Section 48-2-55, relating to attachment and garnishment, by revising paragraph (2) of subsection (b) as follows:
"(2) The commissioner or his the commissioner's authorized representative may use garnishment to collect any tax, fee, license, penalty, interest, or collection costs due the state which are imposed by this title or which the commissioner or the department is responsible for collecting under any other law. Garnishment may be issued by the commissioner or his the commissioner's authorized representative against any person whom he the commissioner believes to be indebted to the defendant or who has property, money, or effects in his such person's hands belonging to the defendant.

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The summons of garnishment shall be served by the commissioner or his the commissioner's authorized representative, shall be served at least 15 days before the sitting of the court to which the summons is made returnable, and shall be returned to either the superior court or the state court of the county in which the garnishee is served. The commissioner or his the commissioner's authorized representative shall enter on the execution the names of the persons garnished and shall return the execution to the appropriate court. All subsequent proceedings shall be the same as provided by law regarding garnishments in other cases when judgment has been obtained or execution issued. In addition to any other methods of service, the summons of garnishment may be served by the commissioner or the commissioner's authorized representative to the garnishee by registered or certified mail or statutory overnight delivery, return receipt requested. Either the return receipt indicating receipt by the garnishee or the envelope bearing the official notification from the United States Postal Service of the garnishee's refusal to accept delivery of such registered or certified mail or statutory overnight delivery shall be filed with the clerk of the court in which the garnishment is pending. If statutory overnight delivery was accomplished through a commercial firm as provided under paragraph (1) of subsection (b) of Code Section 9-10-12, the return receipt indicating receipt by the garnishee or the envelope bearing the official notification of such commercial firm of the garnishee's refusal to accept delivery shall be filed with the clerk of the court in which garnishment is pending. If a garnishee refuses to accept service of a summons of garnishment by registered or certified mail or statutory overnight delivery, the summons of garnishment shall be served by the commissioner or the commissioner's authorized representative under any other method of lawful service and the garnishee shall be personally liable to the commissioner for a sum equal to the actual costs incurred to serve the summons of garnishment. This liability shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the same manner as other taxes administered by the commissioner."
SECTION 8. Said title is further amended by revising subsection (b) of Code Section 48-3-3, relating to executions by tax collectors and commissioners, as follows:
"(b) The tax collector or tax commissioner shall issue executions for nonpayment of taxes collectable by the tax collector or tax commissioner at any time after 30 days have elapsed since giving notice as provided in subsection (c) of this Code section. The executions shall be directed to all and singular sheriffs and constables of the this state. and within 30 days of issuance the tax collector or tax commissioner shall have the tax execution recorded in the records of the clerk of the superior court of the county where the execution was issued. If the tax collector or tax commissioner fails to have the execution recorded in the records of the clerk of the superior court of the county where the execution was issued within 30 days of issuance of the tax execution, the tax collector or tax commissioner shall void the tax execution and renotify the taxpayer of

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the delinquency as provided in subsection (c) of this Code section. The tax collector or tax commissioner shall issue a new execution for nonpayment of taxes collectable by the tax collector or tax commissioner at any time after 30 days have elapsed since the renotification notice was issued."
SECTION 9. Said title is further amended by revising subsection (b) of Code Section 48-5-52, relating to homestead exemptions from ad valorem taxation for educational purposes for qualified individuals who are 62 years of age or older, as follows:
"(b)(1) The exemption provided for in subsection (a) of this Code section shall not be granted unless an affidavit of the owner of the homestead, prepared upon forms prescribed by the commissioner for that purpose, is filed with either the tax receiver or tax commissioner, in the case of residents of county school districts, or with the governing authority of the owner's city, in the case of residents of independent school districts. (2) The affidavit shall in the first year for which the exemption is sought be filed on or before the last day for making a tax return and shall show the:
(A) Age of the owner on January 1 immediately preceding the filing of the affidavit; (B) Total amount of net income received by the owner and spouse from all sources during the immediately preceding calendar year; and (C) Total amount of income received from all sources by each individual member of the owner's family residing within the homestead; and (D) Such additional information as may be required by the commissioner. (3) Copies of all affidavits received or extracts of the information contained in the affidavits shall be forwarded to the commissioner by the various taxing authorities with whom the affidavits are filed. The commissioner is authorized to compare such information with information contained in any income tax return, sales tax return, or other tax documents or records of the department and to report immediately to the appropriate county or city taxing authority any apparent discrepancies between the information contained in any affidavit and the information contained in any other tax records of the department. (4) After the owner has filed the affidavit and has once been allowed the exemption provided for in this Code section, it shall not be necessary to make application and file the affidavit thereafter for any year and the exemption shall continue to be allowed to such owner; provided, however, that it shall be the duty of any such owner to notify the tax commissioner or tax receiver in the event the owner becomes ineligible for any reason for the exemption provided for in this Code section."
SECTION 10. Said title is further amended by repealing and reserving Code Section 48-5-237, relating to payment of taxes where property lies in more than one county.

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SECTION 11. Said title is further amended by revising subsection (a) of Code Section 48-5-295, relating to terms of office, vacancies, and removal by county governing authority, as follows:
"(a) Each member of the county board of tax assessors appointed to such office on and after July 1, 1996, shall be appointed by the county governing authority for a term of not less than three nor more than six years. A county governing authority shall, by resolution, within the range provided by this subsection, select the length of terms of office for members of its county board of tax assessors. Following the adoption of such resolution, all new appointments and reappointments to the county board of tax assessors shall be for the term lengths specified in the resolution; however, such resolution shall not have the effect of shortening or extending the terms of office of current members of the board of assessors whose terms have not yet expired. The county governing authority shall not be authorized to again change the term length until the expiration of the term of office of the first appointment or reappointment following the resolution that last changed such terms of office. If the resolution changing the terms of office of members of the board of tax assessors would result in a voting majority of the board of tax assessors having their terms expire in the same calendar year, the county governing authority shall provide in the resolution for staggered initial appointments or reappointments of a duration of not less than three nor more than six years that will prevent such an occurrence. The county governing authority shall transmit to the board of assessors commissioner a copy of the resolution setting the length of terms of members of the county board of tax assessors within ten days of the date the resolution is adopted. Any member of the county board of tax assessors shall be eligible for reappointment after review of his or her service on the board by the appointing authority. Such review shall include education and certification information furnished by the commissioner. Any member of the county board of tax assessors who fails to maintain the certification and qualifications specified pursuant to Code Section 48-5-291 shall not be eligible for reappointment until all requirements have been met. In case of a vacancy on the board at any time, whether caused by death, resignation, removal, or otherwise, the vacancy shall be immediately filled by appointment of the county governing authority. Any person appointed to fill a vacancy shall be appointed only to serve for the remainder of the unexpired term of office and shall possess the same qualifications required under this part for regular appointment to a full term of office."
SECTION 12. Said title is further amended by revising subsection (b) of Code Section 48-5-511, relating to returns of public utilities to commissioner, as follows:
"(b) The returns of each public utility shall be in writing and sworn to under oath by the chief executive officer to be a just, true, and full return of the fair market value of the property of the public utility without any deduction for indebtedness. Each class or species of property shall be separately named and valued as far as practicable and shall

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be taxed like all other property under the laws of this state. The returns shall also include the capital stock, net annual profits, gross receipts, business, or income (gross, annual, net, or any other kind) for which the public utility is subject to taxation by the laws of this state. Each parcel of real estate included in the return shall be identified by its physical address and by a description adequate for the commissioner to properly identify such parcel. Other descriptive information includes, but is not limited to, the map or parcel identification information of the real estate being returned."
SECTION 13. Said title is further amended by revising subsection (a) and paragraph (1) of subsection (b) of Code Section 48-7-25, relating to organizations exempt from Georgia income tax, as follows:
"(a) The following organizations shall be exempt from taxation imposed by Code Section 48-7-21 unless the exemption is denied under subsection (b) or (c) of this Code section as indicated:
(1) Subject to subsections (b) and (c) of this Code section those Those organizations described by which are exempt from federal income taxation pursuant to Section 501(c), 501(d), 501(e), 664, or 401 of the Internal Revenue Code of 1986. are deemed to have similar exempt status for purposes of Code Section 48-7-21 Organizations described in this paragraph shall be exempt from taxation for state purposes in the same manner and to the same extent as for federal purposes; and (2) Insurance companies which pay to the state a tax upon premium income." "(b)(1) An organization requesting exemption under paragraph (1) of subsection (a) of this Code section shall file a written application with the commissioner. The commissioner shall issue a determination letter or ruling to an organization requesting the exemption and shall either grant or disallow the requested exempt status. Until a determination letter granting exempt status is issued by the commissioner, no exempt status shall exist. Those organizations which have an exempt status in effect under Section 501(c), 501(d), 501(e), 664, or 401 of the Internal Revenue Code of 1986 on January 1, 1987, shall retain the exempt status unless revoked as provided by law. The commissioner may issue rules governing the filing of written applications and the issuance of determination letters. An organization's exempt status under paragraph (1) of subsection (a) of this Code section is subject to review and revocation by the commissioner in accordance with the provisions of paragraph (2) of this subsection."
SECTION 14. Said title is further amended by revising paragraph (2) of subsection (d) of Code Section 48-7-27, relating to computation of taxable net income, as follows:
"(2) Nonresident shareholders of a Georgia Subchapter 'S' corporation must execute a consent agreement to pay Georgia income tax on their portion of the corporate income in order for the Subchapter 'S' corporation to be recognized for Georgia purposes. This A consent agreement for each shareholder must be filed by the corporation with its corporate tax return in the year in which the Subchapter 'S' corporation is first

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required to file a Georgia income tax return. For a Subchapter 'S' corporation in existence prior to January 1, 2007, the consent agreement must be filed for each shareholder in the first Georgia tax return filed for a year beginning on or after January 1, 2007. A consent agreement must also be filed in any subsequent year in which any additional nonresident first becomes a shareholder of the Subchapter 'S' corporation. Shareholders of a federal Subchapter 'S' corporation which is not recognized for Georgia purposes may make an adjustment to federal adjusted gross income in order to avoid double taxation on this type of income. Adjustments will not be allowed unless tax was actually paid by the corporation."
SECTION 15. Said title is further amended by revising subsection (d) of Code Section 48-7-29.5, relating to submission of written proof of course completion to claim the driver education credit, as follows:
"(d) No credit shall be allowed under this Code section unless the taxpayer submits with the claim for such credit has obtained written proof of the successful completion of the course of driver education by the dependent minor child and the amount expended by the taxpayer for such course."
SECTION 16. Said title is further amended by revising Code Section 48-7-29.12, relating to income tax credits for qualified donations of real property for conservation purposes, as follows:
"48-7-29.12. (a) As used in this Code section, the term:
(1) 'Conservation purposes' means real property which is qualified as conservation land pursuant to Chapter 22 of Title 36. (2) 'Fair market value' means the value established by a property appraisal or appraisals meeting the requirements of 26 U.S.C. Section 170 to be submitted in such manner as the commissioner may by regulation require. (3) 'Qualified donation' means the fee simple conveyance to the state; a county, a municipality, or a consolidated government of this state; the federal government; or a bona fide charitable nonprofit organization qualified under the Internal Revenue Code of 100 percent of all right, title, and interest in the entire parcel of donated real property located in Georgia, which donation is accepted by such state, county, municipality, consolidated government, federal government, or bona fide charitable nonprofit organization. Such term shall also include the donation to and acceptance by the state; a county, a municipality, or a consolidated government of this state; the federal government; or a bona fide charitable nonprofit organization qualified under the Internal Revenue Code of an interest in real property located in Georgia which qualifies as a conservation easement under paragraph (4) of Code Section 36-22-2. If the donation is effected by a sale of the property for less than fair market value, the qualified donation shall be deemed to be that portion of the property which represents the difference between the amount paid to the donor and the fair market value as

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established pursuant to this Code section. Any real property which is otherwise required to be dedicated pursuant to local government regulations or ordinances or to increase building density levels shall not be eligible as a qualified donation under this Code section. Any real property which is used for or associated with the playing of golf, or is planned to be so used or associated shall not be eligible as a qualified donation under this Code section. (b) A taxpayer 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 each qualified donation of real property for conservation purposes. Except as otherwise provided in subsection (d) of this Code section, such credit shall be limited to an amount not to exceed the lesser of $500,000.00 or 25 percent of the fair market value of the donated real property as fair market value is established pursuant to paragraph (3) of Code Section 48-5-2 for the year in which the donation occurred. (c) No tax credit shall be allowed under this Code section unless the taxpayer files with the taxpayer's income tax return a copy of a certification by the Department of Natural Resources that the donated property is suitable for conservation purposes is provided to the commissioner by the Department of Natural Resources. The Board of Natural Resources shall promulgate any rules and regulations necessary to implement and administer this subsection, including, but not limited to, policies to guide the determination of whether or not donated property is suitable for conservation purposes. A final determination by the Department of Natural Resources with respect to the suitability of donated property for conservation purposes shall be subject to review and appeal under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (d) In no event shall the total amount of any tax credit under this Code section for a taxable year exceed the taxpayer's income tax liability. In no event shall the total amount of the tax credit allowed to a taxpayer under subsection (b) of this Code section exceed $250,000.00 with respect to tax liability determined under Code Section 48-720 or $500,000.00 with respect to tax liability determined under Code Section 48-7-21. Any unused tax credit shall be allowed to be carried forward to apply to the taxpayer's succeeding five years' tax liability. However, the amount in excess of such annual dollar limits shall not be eligible for carryover to the taxpayer's succeeding years' tax liability. No such tax credit shall be allowed the taxpayer against prior years' tax liability. (e) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section."
SECTION 17 Said title is further amended by adding a new Code section to read as follows:
"48-7-57.2. (a) For purposes of this Code section, the term:
(1) 'Tax return preparer' means a person who prepares for compensation, or who employs one or more persons who prepare for compensation, any return of tax imposed under this chapter or Chapter 7A of this title, or any claim for refund of such

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tax. The preparation of a substantial part of a return or claim for refund is treated as if it were the preparation of the entire return or claim for refund. A person is not considered a tax return preparer merely because the person does any of the following:
(A) Furnishes typing, reproducing, or other mechanical assistance; (B) Prepares a return or claim for refund of the employer or an officer or employee of the employer by whom the person is regularly and continuously employed; (C) Prepares a return or claim for refund of any person as a fiduciary for that person; or (D) Prepares a claim for refund for a taxpayer in response to a notice of proposed assessment issued to the taxpayer. (2) 'Understatement of liability' means an understatement of the net amount payable with respect to a tax imposed under this chapter or Chapter 7A of this title or an overstatement of the net amount creditable or refundable with respect to such tax. Except as provided in subsection (d) of this Code section, the determination of whether there is an understatement of liability shall be made without regard to any administrative or judicial action involving the taxpayer. For purposes of this paragraph, the amount determined as an underpayment of estimated income tax under the relevant provisions of this chapter is not considered an understatement of liability. (b) A tax return preparer shall pay a penalty of $250.00 with respect to any understatement of liability on any return or claim unless it is shown that there is reasonable cause for the understatement and such person acted in good faith if: (1) Any part of any understatement of liability with respect to any return or claim for refund is due to a position which had no realistic possibility of being sustained on its merits; (2) Any tax return preparer with respect to such return or claim knew or reasonably should have known of such position; and (3) The relevant facts affecting the item's tax treatment were not adequately disclosed in the return or in a statement attached to the return or such position was frivolous. (c) If any part of any understatement of liability with respect to any return or claim for refund is due to: (1) A willful attempt in any manner to understate the liability for tax by a tax return preparer with respect to such return or claim; or (2) Any reckless or intentional disregard of rules or regulations by any such tax return preparer, such tax return preparer shall pay a penalty of $1,000.00 with respect to such return or claim. With respect to any return or claim, the amount of the penalty payable by any tax return preparer by reason of this subsection shall be reduced by the amount of the penalty paid by such tax return preparer by reason of subsection (b) of this Code section. (d) If at any time there is a final administrative determination or a final judicial decision that there was no understatement of liability in the case of any return or claim for refund with respect to which a penalty under subsection (b) or (c) of this Code section has been assessed, such assessment shall be waived, and if any portion of such

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penalty has been paid, the amount so paid shall be refunded to the tax return preparer who made such payment as an overpayment of tax without regard to any period of limitations which, but for this subsection, would apply to the making of such refund. (e) Other assessable penalties with respect to the preparation for other persons of returns of tax imposed under this chapter or Chapter 7A of this title shall be as follows:
(1) Any tax return preparer with respect to any return or claim for refund who fails to furnish a completed copy of such return or claim to the taxpayer, at a time no later than the time such return or claim is presented for such taxpayer's signature, shall pay a penalty of $50.00 for such failure, unless it is shown that such failure is due to reasonable cause and not due to willful neglect. The maximum penalty imposed under this paragraph on any tax return preparer with respect to documents filed during any calendar year shall not exceed $25,000.00; (2) Any tax return preparer with respect to any return or claim for refund who is required by regulations prescribed by the commissioner to sign such return or claim and who fails to comply with such regulations with respect to such return or claim shall pay a penalty of $50.00 for such failure, unless it is shown that such failure is due to reasonable cause and not due to willful neglect. The maximum penalty imposed under this paragraph on any tax return preparer with respect to documents filed during any calendar year shall not exceed $25,000.00; (3) Any tax return preparer with respect to any return or claim for refund who fails to furnish the preparer's identifying number with respect to such return or claim shall pay a penalty of $50.00 for such failure, unless it is shown that such failure is due to reasonable cause and not due to willful neglect. The maximum penalty imposed under this paragraph on any tax return preparer with respect to documents filed during any calendar year shall not exceed $25,000.00; (4) Any tax return preparer with respect to any return or claim for refund who fails to retain a completed copy of such return or claim for three years following the later of either:
(A) The date on which the return was due to be filed with the department including any extensions which have been granted; or (B) The date the return or claim was presented to the taxpayer for signature shall pay a penalty of $50.00 for each such failure, unless it is shown that such failure is due to reasonable cause and not due to willful neglect. The maximum penalty imposed under this paragraph on any tax return preparer with respect to any return period shall not exceed $25,000.00; and (5) Any tax return preparer who fraudulently endorses or otherwise negotiates directly or through an agent any check made in respect of the taxes imposed under this chapter or Chapter 7A of this title which is issued to a taxpayer other than the tax return preparer shall pay a penalty of $500.00 with respect to each such check. This paragraph shall not apply with respect to the deposit by a bank, within the meaning of Section 581 of the Internal Revenue Code of 1986, of the full amount of the check in the taxpayer's account in such bank for the benefit of the taxpayer. (f)(1) Any person who:

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(A)(i) Organizes or assists in the organization of: (I) A partnership or other entity; (II) Any investment plan or arrangement; or (III) Any other plan or arrangement; or
(ii) Participates directly or indirectly in the sale of any interest in an entity or plan or arrangement referred to in division (i) of this subparagraph; and (B) Makes or furnishes or causes another person to make or furnish in connection with such organization or sale: (i) A statement with respect to the allowability of any deduction or credit, the excludability of any income, or the securing of any other tax benefit by reason of holding an interest in the entity or participating in the plan or arrangement which the person knows or has reason to know is false or fraudulent as to any material matter; or (ii) A gross valuation overstatement as to any material matter shall pay, with respect to each activity described in subparagraph (A) of this paragraph, a penalty equal to $1,000.00 or, if the person establishes that it is less, 100 percent of the gross income derived or to be derived by such person from such activity. For purposes of this division, activities described in division (i) of subparagraph (A) of this paragraph with respect to each entity or arrangement shall be treated as a separate activity and participation in each sale described in division (ii) of subparagraph (A) of this paragraph shall be so treated. Notwithstanding subparagraph (A) of this paragraph, if an activity with respect to which a penalty imposed under this subsection involves a statement described in division (i) of this subparagraph, the amount of the penalty shall be equal to 50 percent of the gross income derived or to be derived from such activity by the person on which the penalty is imposed. (2)(A) For purposes of this paragraph, the term 'gross valuation overstatement' means any statement as to the value of any property or services if: (i) The value so stated exceeds 200 percent of the amount determined to be the correct valuation; and (ii) The value of such property or services is directly related to the amount of any deduction or credit allowable under this chapter or Chapter 7A of this title to any participant. (B) The commissioner may waive all or any part of the penalty provided by paragraph (1) of this subsection with respect to any gross valuation overstatement on a showing that there was a reasonable basis for the valuation and that such valuation was made in good faith. (g)(1) For purposes of this subsection, the term: (A) 'Procures' includes: (i) Ordering or otherwise causing a subordinate to do an act; and (ii) Knowing of and not attempting to prevent participation by a subordinate in an act.

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(B) 'Subordinate' means any other person whether or not a director, officer, employee, or agent of the taxpayer involved over whose activities the person has direction, supervision, or control. (2) Notwithstanding any provision to the contrary, any person: (A) Who aids or assists in, procures, or advises with respect to the preparation or presentation of any portion of a return, affidavit, claim, or other document; (B) Who knows or has reason to believe that such portion of a return, affidavit, claim, or other document will be used in connection with any material matter arising under this chapter or Chapter 7A of this title; and (C) Who knows that such portion of a return, affidavit, claim, or other document if so used would result in an understatement of the liability for tax of another person shall pay a penalty with respect to each such document in the amount determined under paragraph (3) of this subsection. (3)(A) Except as provided in subparagraph (B) of this paragraph, the amount of the penalty imposed by paragraph (2) of this subsection shall be $1,000.00. (B) If the return, affidavit, claim, or other document relates to the tax liability of a corporation, the amount of the penalty imposed by paragraph (2) of this subsection shall be $10,000.00. (C) If any person is subject to a penalty under paragraph (2) of this subsection with respect to any document relating to any taxpayer for any taxable period or, where there is no taxable period, any taxable event, such person shall not be subject to a penalty under paragraph (2) of this subsection with respect to any other document relating to such taxpayer for such taxable period or event. (4) Paragraph (2) of this subsection shall apply whether or not the understatement is with the knowledge or consent of the persons authorized or required to present the return, affidavit, claim, or other document. (5) For purposes of subparagraph (A) of paragraph (2) of this subsection, a person furnishing typing, reproducing, or other mechanical assistance with respect to a document shall not be treated as having aided or assisted in the preparation of such document by reason of such assistance. (6)(A) No penalty shall be assessed under subsection (b) or (c) of this Code section on any person with respect to any document for which a penalty is assessed on such person under paragraph (2) of this subsection. (B) No penalty shall be assessed under subsection (f) of this Code section on any person with respect to any document for which a penalty is assessed on such person under paragraph (2) of this subsection. (h)(1) A civil action in the name of the State of Georgia may be commenced at the request of the commissioner to enjoin any person who is a tax return preparer or an employer having knowledge of an employee tax return preparer who is doing business in this state and engaging in conduct described in this subsection from further engaging in preparing tax returns. This action may be brought by the department in the superior court of the county of the tax return preparer's residence or principal place of business, or in which the taxpayer with respect to whose tax return the action

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is brought resides. The court may exercise its jurisdiction over the action separate and apart from any other action brought by the State of Georgia against the tax return preparer or any taxpayer. (2) In an action under this subsection, the court may issue an injunction prohibiting a person from acting as a tax return preparer if the court finds that the individual has done any of the following:
(A) Engaged in any pattern of conduct subject to a civil penalty under subsection (b), (c), or (e) of this Code section; (B) Guaranteed the payment of any tax refund or the allowance of any tax credit; or (C) Aided or assisted in, counseled, or advised the preparation or presentation under or in connection with any matter arising under the state revenue laws of any returns, affidavits, claims, or other documents, which may constitute a significant congruous pattern of any of the following:
(i) Omissions of income; (ii) Excessive or nonexistent deductions; (iii) Claims of nonexistent dependents; (iv) Fictitious business schedules; (v) Excessive losses; or (vi) Documents that are fraudulent or false as to any material matter, whether or not such falsity or fraud is with the knowledge or consent of the person authorized or required to present the return, affidavit, claim, or document. (i)(1) A civil action in the name of the State of Georgia to enjoin any person from further engaging in conduct subject to penalty under subsection (f) of this Code section, relating to penalty for promoting abusive tax shelters, or subsection (g) of this Code section, relating to penalties for aiding and abetting understatement of tax liability, may be commenced at the request of the commissioner. Any action under this subsection shall be brought in the superior court for the county in which that person resides, has his or her principal place of business, or in which that person has engaged in conduct subject to penalty under subsection (f) or (g) of this Code section. The court may exercise its jurisdiction over such action separate and apart from any other action brought by the State of Georgia against that person. (2) In any action under paragraph (1) of this subsection, the court may enjoin a person from engaging in conduct or in any other activity subject to penalty under subsection (f) or (g) of this Code section if the court finds both of the following: (A) The person has engaged in any conduct subject to penalty under subsection (f) or (g) of this Code section; and (B) Injunctive relief is appropriate to prevent recurrence of such conduct. (3) If any citizen or resident of the United States does not reside in Georgia, and does not have his or her principal place of business in Georgia, that citizen or resident shall be treated for purposes of this Code section as residing in Fulton County. (j) Except as otherwise provided, the penalties provided by this Code section shall be in addition to any other penalties provided by law.

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(k) Any claim for credit or refund of any penalty paid under this Code section shall be filed in accordance with rules and regulations promulgated by the commissioner."
SECTION 18. Said title is further amended by adding a new subsection in Code Section 48-7-101, relating to withholding requirements for income tax, to read as follows:
"(j)(1) The payee of any nonperiodic payment may elect to have withholding made on distributions from a pension, annuity, or similar fund. Such an election shall remain in effect until revoked by the payee. (2) Upon such election by a payee stated in paragraph (1) of this subsection, the payor of any nonperiodic payment shall withhold from such payment the amount specified by the payee, but in no event shall the amount withheld be less than the amount which would be required to be withheld if such payment were a payment of wages by an employer to an employee for the appropriate payroll period. (3) The commissioner is authorized to prescribe forms and to promulgate rules and regulations setting forth the requirements for withholding from such nonperiodic payments and the requirements for making elections to withhold."
SECTION 19. Said title is further amended by revising paragraph (3) of subsection (a) of Code Section 48-7-129, relating to withholding tax on certain distributions, as follows:
"(3) Any partnership, Subchapter 'S' corporation, or limited liability company which fails to withhold and pay over to the commissioner any amount required to be withheld under this Code section may be liable for a penalty equal to 25 percent of the amount not withheld and paid over. Any penalty imposed under this subsection shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the same manner as the withholding taxes imposed by this article."
SECTION 20. Said title is further amended by repealing subsection (h) of Code Section 48-8-67, relating to distributions of unidentifiable sales and use tax proceeds, which reads as follows:
"(h) The authority of the commissioner to make distributions pursuant to this Code section shall cease on December 31, 2007, unless such authority is extended by a subsequent general Act of the General Assembly."
SECTION 21. (a) Sections 5, 14, and 16 of this Act shall become effective upon this Act's 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, 2007.

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(b) This section and Sections 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 15, 17, 18, 19, 20 and 22 of this Act shall become effective upon this Act's approval by the Governor or upon its becoming law without such approval.

SECTION 22. All laws and parts of laws in conflict with this Act are repealed.

Representative Sims of the 119th moved that the House adopt the report of the Committee of Conference on HB 354.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam N Abrams Y Amerson N Ashe Y Barnard Y Bearden N Beasley-Teague Y Benfield Y Benton
Black Y Bridges Y Brooks
Bruce Y Bryant N Buckner Y Burkhalter Y Burns Y Butler N Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell
Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes
Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Frazier Y Freeman N Gardner Y Geisinger Y Glanton Y Golick Y Gordon N Graves Y Greene Y Hamilton
Hanner 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 N Houston Y Howard E Hudson N Hugley
Jackson N Jacobs Y James N Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan N Kaiser Y Keen Y Keown Y Knight
Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox N Mangham E Manning Y Marin

Y Martin E Maxwell Y May Y McCall N McKillip Y Meadows
Millar Y Mills Y Mitchell E Morgan Y Morris N Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall
Reece Y Reese N Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A

N Scott, M Y Sellier Y Setzler N Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens N Stephenson Y Talton
Teilhet Y Thomas, A.M N Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard
Williams, A Williams, E Y Williams, M Y Williams, R Wix Y Yates Richardson, Speaker

On the motion, the ayes were 134, nays 23.

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The motion prevailed.

Representative Houston of the 170th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

SB 205. By Senators Thomas of the 54th, Balfour of the 9th, Henson of the 41st, Wiles of the 37th, Unterman of the 45th 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 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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 205

The Committee of Conference on SB 205 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 205 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Don Thomas Senator, 54th District

/s/ Tom Knox Representative, 24th District

/s/ Don Balfour Senator, 9th District

/s/ Bill Hembree Representative, 67th District

/s/ Stephen B. Henson Senator, 41st District

/s/ Sharon Cooper Representative, 41st District

A BILL

To amend Article 5 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to prescription drugs, so as to provide that the use of the mails or other common carriers to sell, distribute, and deliver a prescription drug directly to a patient under

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certain circumstances shall not be considered grounds for sanctioning the license of a pharmacist; 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. Article 5 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to prescription drugs, is amended in Code Section 26-4-60, relating to grounds for suspension, revocation, or refusal to grant licenses by the State Board of Pharmacy, by revising paragraph (11) of subsection (a) as follows:
"(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:
(A) A patient or directly to a patient's guardian or caregiver or a physician or physician acting as the patient's agent for whom the prescription drug was prescribed if:
(i) Such prescription drugs are prescribed for complex chronic, terminal, or rare conditions; (ii) Such prescription drugs require special administration, comprehensive patient training, or the provision of supplies and medical devices or have unique patient compliance and safety monitoring requirements; (iii) Due to the prescription drug's high monetary cost, short shelf life, special manufacturer specified packaging and shipping requirements or instructions which require temperature sensitive storage and handling, limited availability or distribution, or other factors, the drugs are not carried in the regular inventories of retail pharmacies such that the drugs could be immediately dispensed to multiple retail walk-in patients; (iv) Such prescription drug has an annual retail value to the patient of more than $10,000.00; (v) The patient receiving the prescription drug consents to the delivery of the prescription drug via expedited overnight common carrier and designates the specialty pharmacy to receive the prescription drug on his or her behalf; (vi) The specialty pharmacy utilizes, 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

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(vii) The specialty pharmacy establishes and notifies 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; or (B) An 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)(i) 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 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)(ii) 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)(iii) 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)(iv) 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 subparagraph (B) of this paragraph, the term 'group model health maintenance organization' means a health maintenance organization that has an

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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. 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 12
26-4-200. This article shall be known and may be cited as the 'Prescription Medication Integrity Act.'
26-4-201. As used in this article, the term:
(1) 'Authenticate' means to affirmatively verify before any wholesale distribution of a prescription drug occurs that each transaction listed on the pedigree has occurred. (2) 'Authorized distributor of record' means a distributor with whom a manufacturer has established an ongoing relationship to distribute the manufacturer's prescription drugs. (3) 'Board' means the State Board of Pharmacy. (4) 'Broker' has the same meaning as a third party logistics provider. (5) 'Chain pharmacy warehouse' means a physical location for prescription drugs that acts as a central warehouse and performs intracompany sales or transfers of such drugs to a group of chain pharmacies that have the same common ownership or control. (6) 'Co-licensed pharmaceutical products' means pharmaceutical products:
(A) That have been approved by the federal Food and Drug Administration; and (B) Concerning which two or more parties have the right to engage in a business activity or occupation concerning the pharmaceutical products. (7) 'Co-licensee' means a party to a co-licensed pharmaceutical product. (8) 'Distribute' means to deliver a drug or device other than by administering or dispensing. (9) 'Drop shipment arrangement' means the physical shipment of a prescription from a manufacturer, that manufacturer's co-licensee, that manufacturer's third-party logistics provider, or that manufacturer's authorized distributor of record directly to a chain pharmacy warehouse, pharmacy buying cooperative warehouse, pharmacy, or other persons authorized under law to dispense or administer prescription drugs but wherein the sale and title for the prescription drug passes between a wholesale drug distributor and the party that directly receives the prescription drug. In order to be considered part of the normal distribution channel and participate in a drop shipment

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as described in this paragraph, the wholesale drug distributor must be an authorized distributor of record. (10) 'Facility' means a facility of a wholesale distributor where prescription drugs are stored, handled, repackaged, or offered for sale. (11) 'Manufacturer' means a person licensed or approved by the federal Food and Drug Administration ('FDA') to engage in the manufacture of drugs or devices, consistent with the FDA definition of 'manufacturer' under the regulations and interpreted guidances implementing the Prescription Drug Marketing Act. (12) 'Manufacturer's exclusive distributor' means an entity that contracts with a manufacturer to provide or coordinate warehousing, distribution, or other services for a manufacturer and takes title to that manufacturer's prescription drug. To be considered part of the normal distribution channel, a manufacturer's exclusive distribution must be an authorized distributor of record. (13) 'Normal distribution channel' means a chain of custody for a prescription drug, excluding all devices and veterinary prescription drugs, that goes directly or by drop shipment from a manufacturer of the prescription drug, or from that manufacturer to that manufacturer's co-licensed partner, or from that manufacturer to that manufacturer's third-party logistics provider, or from that manufacturer to that manufacturer's exclusive distributor, to:
(A) Either a pharmacy or to other designated persons authorized by law to dispense or administer such drug; (B) An authorized distributor or record, and then to either a pharmacy, or to other designated persons authorized by law to dispense or administer such drug; (C) An authorized distributor of record to one other authorized distributor of record to an office based health care practitioner authorized by law to dispense or administer such drug to a patient; (D) An authorized distributor of record to a pharmacy warehouse or other entity that redistributes by intracompany sale to a pharmacy or other designated persons authorized to dispense or administer the drug; (E) A pharmacy warehouse or other entity that redistributes by intracompany sale to a pharmacy or other designated persons authorized to dispense or administer the drug; or (F) Another entity as prescribed by the board's regulations. (14) 'Ongoing relationship' means an association that exists when a wholesale drug distributor, including any member of its affiliated group, as defined in Section 1504 of the Internal Revenue Code, of which the wholesale drug distributor is a member: (A) Is listed on the manufacturer's list of authorized distributors of record, which is updated by the manufacturer on no less than a monthly basis; or (B) Has a written agreement currently in effect with the manufacturer evidencing such ongoing relationship. (15) 'Pedigree' means a document or electronic file containing information that records each distribution of any given prescription drug.

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(16) 'Pharmacy buying cooperative warehouse' means a permanent physical location that acts as a central warehouse for drugs and from which sales of drugs are made to a group of pharmacies that are member owners of the buying cooperative operating the warehouse. Pharmacy buying cooperative warehouses must be licensed as wholesale distributors. (17) 'Prescription drug' means any drug (including any biological product, except for blood and blood components intended for transfusion or biological products that are also medical devices) required by federal law (including federal regulation) to be dispensed only by a prescription, including finished dosage forms and bulk drug substances subject to section 503(b) of the federal Food, Drug and Cosmetic Act ('FFDCA'). (18) '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. (19) 'Repackager' means a person who repackages. (20) '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. To be considered part of the normal distribution channel, a third party logistics provider must be an authorized distributor of record. (21) '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. (22) 'Wholesale distribution' shall not include:
(A) Intracompany sales of prescription drugs, meaning any transaction or transfer between any division, subsidiary, parent, or affiliated or related company under common ownership or control of a corporate entity, except that nothing contained herein shall be construed to prohibit the board from requiring that other records of these transactions shall be kept in accordance with law and regulation not found in this article; (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, except that nothing contained herein shall be construed to prohibit the board from requiring that other records of these transactions shall be kept in accordance with law and regulation not found in this article; (C) The distribution of prescription drug samples by manufacturers' representatives; (D) Prescription drug returns when conducted by a retail pharmacy or chain pharmacy warehouse, by a hospital, health care entity, or charitable institution in accordance with 21 C.F.R. Section 203.23, or by any designated persons authorized

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by law to dispense or administer the prescription drug except in cases where a pedigree is already required under the provisions of this article, in which case any return of that prescription drug to a wholesaler or manufacturer shall be subject to the provisions of Code Section 26-4-202; (E) The sale of minimal quantities of prescription drugs by retail pharmacies to licensed practitioners for office use, except that nothing contained herein shall be construed to prohibit the board from requiring that other records of these transactions shall be kept in accordance with law and regulation not found in this article; (F) Retail pharmacies' delivery of prescription drugs to a patient or patient's agent pursuant to the lawful order of a licensed practitioner; (G) The delivery of, or offer to deliver, a prescription drug by a common carrier solely in the common carrier's usual course of business of transporting prescription drugs, and such common carrier does not store, warehouse, or take legal ownership of the prescription drug; (H) The sale or transfer from a retail pharmacy, pharmacy buying cooperative warehouse, or chain pharmacy warehouse of expired, damaged, returned, or recalled prescription drugs to the original manufacturer, originating wholesale distributor, or to a third party returns processor, to the extent permitted by federal rule, regulation, or law; or (I) The sale, transfer, merger, or consolidation of all or part of the business of a pharmacy or pharmacies from or with another pharmacy or pharmacies, whether accomplished as a purchase and sale of stock or business assets.
26-4-202. (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 that leave or have ever left 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 July 1, 2009, 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, 2011, and may be extended by the board in one year increments if it appears the technology is not universally available across the entire prescription pharmaceutical supply; 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

FRIDAY, APRIL 20, 2007

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subsection. Effective at a date established by the board, pedigrees may be implemented through an approved and readily available system based on electronic track and trace pedigree technology. This electronic tracking system will be deemed to be readily available for use on a wide scale across the entire pharmaceutical supply chain which includes manufacturers, wholesale distributors, and pharmacies. Consideration must be given to the large-scale implementation of this technology across the supply chain and the technology must be proven to have no negative impact on the safety and efficacy of the pharmaceutical product. (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 any entity engaged in the activities listed in paragraph (9) of Code Section 26-4-201, 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; (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, excluding retail or hospital pharmacies, 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 at its licensed location, unless given written authorization from the board to do otherwise, for three years from the date of sale or transfer; and (2) Available for inspection, copying, or use at the licensed location upon a verbal request by the board or its designee. (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.

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(f) Pharmacies licensed pursuant to this chapter shall not be required to possess or maintain any pedigree issued pursuant to this Code section.
26-4-203. (a) If the board finds that there is a reasonable probability that:
(1) A wholesale distributor, other than a manufacturer, has: (A) Violated a provision of this article; or (B) Falsified a pedigree, provided a falsified 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 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 calendar 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.
26-4-204. 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; (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, including, but not limited to falsified pedigrees, 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, repackaging, 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.

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26-4-205. (a) Notwithstanding Code Section 26-4-115, any person who engages without knowledge in the wholesale distribution of prescription drugs, including providing a falsified pedigree or other records, in violation of this article may be fined not more than $10,000.00. (b) If a person engages in wholesale distribution of prescription drugs in violation of this article, including providing a falsified pedigree or other records, and acts in a grossly negligent manner in violation of this article, the person may be punished by imprisonment for not more than 15 years, fined not more than $50,000.00, or both. (c) Notwithstanding Code Section 26-4-115, any person who knowingly engages in wholesale distribution of prescription drugs in violation of this article, including providing a falsified pedigree or other records, 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 3. 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 SB 205.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Amerson Y Ashe
Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns
Butler Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Cheokas Y Coan

Y Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton
Hanner

Holt Y Horne Y Houston
Howard E Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas

Y Martin E Maxwell Y May Y McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake
Porter Y Powell Y Pruett Y Ralston

Y Scott, M Y Sellier Y Setzler
Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M
Thomas, B Y Tumlin Y Walker

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Y Cole Coleman
Y Collins Y Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Harbin Y Hatfield
Heard, J Y Heard, K
Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning
Marin

Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Watson Y Wilkinson
Willard Williams, A Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker

On the motion, the ayes were 150, nays 0.

The motion prevailed.

HB 233. By Representatives Ralston of the 7th, Mumford of the 95th, Bearden of the 68th, Oliver of the 83rd and Forster of the 3rd:

A BILL to be entitled an Act to amend Chapter 5 of Title 30 and Code Section 31-8-81 of the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons and definitions for the "Longterm Care Facility Resident Abuse Reporting Act," respectively, so as to revise the definition of the term "exploitation"; to change provisions relating to criminal penalties; 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 233

The Committee of Conference on HB 233 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 233 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Judson Hill Senator, 32nd District

/s/ Ralston Representative, 7th District

/s/ Pearson Senator, 51st District

/s/ Tim Bearden Representative, 68th District

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4933

/s/ Jeff Mullis Senator, 53rd District

/s/ R. Mumford Representative, 95th District

A BILL

To amend Chapter 5 of Title 30 and Code Section 31-8-81 of the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons and definitions for the "Long-term Care Facility Resident Abuse Reporting Act," respectively, so as to revise the definition of the term "exploitation"; to change provisions relating to criminal 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 5 of Title 30 the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons, is amended by revising paragraph (9) of Code Section 30-5-3, relating to definitions, as follows:
"(9) 'Exploitation' means the illegal or improper use of a disabled adult or elder person or that person's resources through undue influence, coercion, harassment, duress, deception, false representation, false pretense, or other similar means for another's profit or advantage."

SECTION 2. Said chapter is further amended by revising paragraph (1) subsection (a) of Code Section 30-5-8, relating to criminal offenses and penalties, as follows:
"(a)(1) In addition to any other provision of law, it shall be unlawful for any person to the abuse, neglect, or exploit exploitation of any disabled adult or elder person shall be unlawful."

SECTION 3. Code Section 31-8-81 of the Official Code of Georgia Annotated, relating to definitions for the "Long-term Care Facility Resident Abuse Reporting Act," is amended by revising paragraph (2) as follows:
"(2) 'Exploitation' means an unjust or improper use of another person or his the person's property through undue influence, coercion, harassment, duress, deception, false representation, false pretense, or other similar means for one's own profit or advantage."

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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Representative Ralston of the 7th moved that the House adopt the report of the Committee of Conference on HB 233.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler
Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Dempsey Y Dickson 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 Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree Y Henson Y Hill, C
Hill, C.A Y Holmes

Holt Y Horne Y Houston Y Howard E Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S
Jordan Y Kaiser
Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford
Maddox Mangham E Manning Y Marin

Y Martin E Maxwell Y May Y McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver
O'Neal Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp
Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner Y Starr Y Stephens
Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the motion, the ayes were 152, nays 0.

The motion prevailed.

The following message was received from the Senate through Mr. Ewing, the Secretary thereof:

Mr. Speaker:

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4935

The Senate has passed by the requisite constitutional majority the following bill of the Senate:
SB 325. By Senator Reed of the 35th:
A BILL to be entitled an Act to amend an Act to provide a homestead exemption from City of Atlanta ad valorem taxes for municipal purposes, approved April 19, 2000 (Ga. L. 2000, p. 4462), so as to increase the amount of such exemption; 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 2. By Representative Holt of the 112th:
A BILL to be entitled an Act to amend Chapter 36 of Title 36 of the O.C.G.A., relating to annexation of territory, so as to provide for a short title; to establish state policy regarding annexation; to provide that a municipal corporation having an independent school system may not annex property located in a county without the consent of the county governing authority; to provide for binding arbitration; to provide that, if a municipality proposes to annex property in which certain services are provided by the county or which is included in the county's comprehensive zoning plan, the county may demand arbitration; to provide for an injunction; to provide for binding arbitration; to provide for the applicability of general law; to provide for considerations; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 2. By Representative Holt of the 112th:
A BILL to be entitled an Act to amend Chapter 36 of Title 36 of the O.C.G.A., relating to annexation of territory, so as to provide for a short title; to establish state policy regarding annexation; to provide that a municipal corporation having an independent school system may not annex property located in a county without the consent of the county governing authority; to provide for binding arbitration; to provide that, if a municipality proposes to annex property in which certain services are provided by the county or which is included in the county's comprehensive zoning plan, the county may demand arbitration; to provide for an injunction; to provide for binding arbitration; to provide for the applicability of general law; to provide for

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considerations; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL
To amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of territory, so as to provide that the provisions of Code Section 36-36-11, relating to the effect of an objection to land use following a rezoning and the minimum procedures for addressing related issues, shall not be used on or after September 1, 2007; to provide a procedure for resolving disputes between governing authorities relative to annexation; to provide for applicability; to provide for a notice of annexation; to provide for a prohibition on a change in zoning or land use; to provide for objection; to provide for grounds and procedures; to provide for an arbitration panel; to provide for membership, duties, and compensation; to provide for appeal; to provide for annexation following such procedures; 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 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of territory, is amended by revising subsection (a) of Code Section 36-36-11, relating to the effect of an objection to land use following a rezoning and the minimum procedures for addressing related issues, as follows:
"(a) The intent of this Code section is to provide a mechanism to resolve disputes over land use arising out of the rezoning of property to a more intense land use in conjunction with or subsequent to annexation in order to facilitate coordinated planning between counties and municipalities particularly with respect to areas contiguous to municipal boundaries; provided, however, that on and after September 1, 2007, such dispute resolutions shall be governed by the provisions of Article 7 of this chapter and the provisions of this Code section shall be limited to proceedings initiated prior to such date."
SECTION 2. Said chapter is further amended by adding a new article to read as follows:
"ARTICLE 7
36-36-110. The procedures of this article shall apply to all annexations pursuant to this chapter but shall not apply to annexations by local Acts of the General Assembly.

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36-36-111. Upon receipt of a petition of annexation, a municipal corporation shall notify the governing authority of the county in which the territory to be annexed is located by certified mail or by statutory overnight delivery. Such notice shall include a copy of the annexation petition which shall include the proposed zoning and land use for such area. The municipal corporation shall take no final action on such annexation except as otherwise provided in this article.
36-36-112. If no objection is received as provided in Code Section 36-36-113, the annexation may proceed as otherwise provided by law; provided, however, that as a condition of the annexation the municipal corporation shall not change the zoning or land use plan relating to the annexed property to a more intense density than that stated in the notice provided for in Code Section 36-36-111 for one year after the effective date of the annexation unless such change is made in the service delivery agreement or comprehensive plan and is adopted by the affected city and county and all required parties.
36-36-113. (a) The county governing authority may by majority vote object to the annexation because of a material increase in burden upon the county directly related to any one or more of the following:
(1) The proposed change in zoning or land use; (2) Proposed increase in density; and (3) Infrastructure demands related to the proposed change in zoning or land use. (b) Delivery of services may not be a basis for a valid objection but may be used in support of a valid objection if directly related to one or more of the subjects enumerated in paragraphs (1), (2), and (3) of subsection (a) of this Code section. (c) The objection provided for in subsection (a) of this Code section shall document the nature of the objection specifically providing evidence of any financial impact forming the basis of the objection and shall be delivered to the municipal governing authority by certified mail or statutory overnight delivery to be received not later than the end of the thirtieth calendar day following receipt of the notice provided for in Code Section 3636-111. (d) In order for an objection pursuant to this Code section to be valid, the proposed change in zoning or land use must: (1) Result in:
(A) A substantial change in the intensity of the allowable use of the property or a change to a significantly different allowable use; or (B) A use which significantly increases the net cost of infrastructure or significantly diminishes the value or useful life of a capital outlay project, as such term is defined in Code Section 48-8-110, which is furnished by the county to the area to be annexed; and

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(2) Differ substantially from the existing uses suggested for the property by the county's comprehensive land use plan or permitted for the property pursuant to the county's zoning ordinance or its land use ordinances.
36-36-114. (a) Not later than the fifteenth calendar day following the date the municipal corporation received the first objection provided for in Code Section 36-36-113, an arbitration panel shall be appointed as provided in this Code section. (b) The arbitration panel shall be composed of five members to be selected as provided in this subsection. The Department of Community Affairs shall develop three pools of arbitrators, one pool which consists of persons who are currently or within the previous six years have been municipal elected officials, one pool which consists of persons who are currently or within the previous six years have been county elected officials, and one pool which consists of persons with a master's degree or higher in public administration or planning and who are currently employed by an institution of higher learning in this state, other than the Carl Vinson Institute of Government. The pool shall be sufficiently large to ensure as nearly as practicable that no person shall be required to serve on more than two panels in any one calendar year and serve on no more than one panel in any given county in any one calendar year. The department is authorized to coordinate with the Georgia Municipal Association, the Association County Commissioners of Georgia, the Council of Local Governments, and similar organizations in developing and maintaining such pools. (c) Upon receiving notice of a disputed annexation, the department shall choose at random four names from the pool of municipal officials, four names from the pool of county officials, and three names from the pool of academics; provided, however, that none of such selections shall include a person who is a resident of the county which has interposed the objection or any municipal corporation located wholly or partially in such county. The municipal corporation shall be permitted to strike or excuse two of the names chosen from the county officials pool; the county shall be permitted to strike or excuse two of the names chosen from the municipal officials pool; and the county and municipal corporation shall each be permitted to strike or excuse one of the names chosen from the academic pool. (d) Prior to being eligible to serve on any of the three pools, persons interested in serving on such panels shall receive joint training in alternative dispute resolution together with zoning and land use training, which may be designed and overseen by the Carl Vinson Institute of Government in conjunction with the Association County Commissioners of Georgia and the Georgia Municipal Association, provided such training is available. (e) At the time any person is selected to serve on a panel for any particular annexation dispute, he or she shall sign the following oath: 'I do solemnly swear or affirm that I will faithfully perform my duties as an arbitrator in a fair and impartial manner without favor or affection to any party, and that I have not and will not have any ex parte communication regarding the facts and circumstances of the matters to be determined,

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other than communications with my fellow arbitrators, and will only consider, in making my determination, those matters which may lawfully come before me.'
36-36-115. (a)(1) The arbitration panel appointed pursuant to Code Section 36-36-114 shall meet as soon after appointment as practicable and shall receive evidence and argument from the municipal corporation, the county, and the applicant or property owner and shall by majority vote render a decision which shall be binding on all parties to the dispute as provided for in this article not later than the sixtieth day following such appointment. The meetings of the panel in which evidence is submitted or arguments of the parties are made shall be open to the public pursuant to Chapter 14 of Title 50. The panel shall first determine the validity of the grounds for objection as specified in the objection. If an objection involves the financial impact on the county as a result of a change in zoning or land use or the provision of maintenance of infrastructure, the panel shall quantify such impact in terms of cost. As to any objection which the panel has determined to be valid, the panel, in its findings, may establish reasonable zoning, land use, or density conditions applicable to the annexation and propose any reasonable mitigating measures as to an objection pertaining to infrastructure demands. (2) In arriving at its determination, the panel shall consider: (A) The existing comprehensive land use plans of both the county and city; (B) The existing land use patterns in the area of the subject property; (C) The existing zoning patterns in the area of the subject property; (D) Each jurisdiction's provision of infrastructure to the area of the subject property; (E) Whether the county has approved similar changes in intensity or allowable uses on similar developments in other unincorporated areas of the county; (F) Whether the county has approved similar developments in other unincorporated areas of the county which have a similar impact on infrastructure as complained of by the county in its objection; and (G) Whether the infrastructure or capital outlay project which is claimed adversely impacted by the county in its objection was funded by a county-wide tax. (3) The county shall provide supporting evidence that its objection is consistent with its land use plan and the pattern of existing land uses and zonings in the area of the subject property. (4) The county shall bear at least 75 percent of the cost of the arbitration. The panel shall apportion the remaining 25 percent of the cost of the arbitration equitably between the city and the county as the facts of the appeal warrant; provided, however, that if the panel determines that any party has advanced a position that is substantially frivolous, the costs shall be borne by the party that has advanced such position. (5) The reasonable costs of participation in the arbitration process of the property owner or owners whose property is at issue shall be borne by the county and the city in the same proportion as costs are apportioned under paragraph (4) of this subsection.

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(6) The panel shall deliver its findings and recommendations to the parties by certified mail or statutory overnight delivery. (b) If the decision of the panel contains zoning, land use, or density conditions, the findings and recommendations of the panel shall be recorded in the deed records of the county with a caption describing the name of the current owner of the property, recording reference of the current owner's acquisition deed and a general description of the property, and plainly showing the expiration date of any restrictions or conditions. (c) The arbitration panel shall be dissolved on the tenth day after it renders its findings and recommendations but may be reconvened as provided in Code Section 36-36-116. (d) The members of the arbitration panel shall receive the same per diem, expenses, and allowances for their service on the committee as is authorized by law for members of interim legislative study committees. (e) If the panel so agrees, any one or more additional annexation disputes which may arise between the parties prior to the panel's initial meeting may be consolidated for the purpose of judicial economy if there are similar issues of location or similar objections raised to such other annexations or the property to be annexed in such other annexations is within 2,500 feet of the subject property.
36-36-116. The municipal or county governing authority or an applicant for annexation may appeal the decision of the arbitration panel by filing an action in the superior court of the county within ten calendar days from receipt of the panel's findings and recommendations. The sole grounds for appeal shall be to correct errors of fact or of law, the bias or misconduct of an arbitrator, or the panel's abuse of discretion. The superior court shall schedule an expedited appeal and shall render a decision within 20 days from the date of filing. If the court finds that an error of fact or law has been made, that an arbitrator was biased or engaged in misconduct, or that the panel has abused its discretion, the court shall issue such orders governing the proposed annexation as the circumstances may require, including remand to the panel. Any unappealed order shall be binding upon the parties. The appeal shall be assigned to a judge who is not a judge in the circuit in which the county is located.
36-36-117. If the annexation is completed after final resolution of any objection, whether by agreement of the parties, act of the panel, or court order as a result of an appeal, the municipal corporation shall not change the zoning, land use, or density of the annexed property for a period of one year unless such change is made in the service delivery agreement or comprehensive plan and adopted by the affected city and county and all required parties. Following the conclusion of the dispute resolution process outlined in this article, the municipal corporation and an applicant for annexation may either accept the recommendations of the arbitration panel and proceed with the remaining annexation process or abandon the annexation proceeding. A violation of the conditions

FRIDAY, APRIL 20, 2007

4941

set forth in this Code section may be enforced thereafter at law or in equity until such conditions have expired as provided in this Code section.

36-36-118. If at any time during the proceedings the municipal corporation or applicant abandons the proposed annexation, the county shall not change the zoning, land use, or density affecting the property for a period of one year unless such change is made in the service delivery agreement or comprehensive plan and adopted by the affected city and county and all required parties. A violation of the conditions set forth in this Code section may be enforced thereafter at law or in equity until such period has expired. After final resolution of any objection, whether by agreement of the parties, act of the panel, or any appeal from the panel's decision, the terms of such decision shall remain valid for the one-year period and such annexation may proceed at any time during the one year without any further action or without any further right of objection by the county.

36-36-119. The county, the municipal governing authorities, and the property owner or owners shall negotiate in good faith throughout the annexation proceedings provided by this article and may at any time enter into a written agreement governing the annexation. If such agreement is reached after the arbitration panel has been appointed and before its dissolution, such agreement shall be adopted by the panel as its findings and recommendations. If such agreement is reached after an appeal is filed in the superior court and before the court issues an order, such agreement shall be made a part of the court's order. Any agreement reached as provided in this Code section shall be recorded as provided in Code Section 36-36-115."

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Holt of the 112th moved that the House agree to the Senate substitute to HB 2.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams
Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks

Y Dempsey Y Dickson
Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson N Fleming
Floyd, H Y Floyd, J

Y Holt Y Horne Y Houston
Howard E Hudson Y Hugley
Jackson Y Jacobs Y James
Jamieson Y Jenkins Y Jerguson

Y Martin E Maxwell Y May
McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby

Y Scott, M Y Sellier Y Setzler N Shaw Y Sheldon
Shipp N Sims, B Y Sims, C Y Sims, F N Sinkfield Y Smith, B Y Smith, L

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Y Bruce Bryant
Y Buckner Y Burkhalter Y Burns N Butler
Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell
Cheokas Y Coan
Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S N Day

Y Fludd N Forster
Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton N Golick Y Gordon Y Graves Y Greene Y Hamilton
Hanner Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown
Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis
Lindsey Y Lord Y Loudermilk Y Lucas
Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Mumford Y Murphy Y Neal Y Nix N Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake
Porter N Powell Y Pruett
Ralston Y Randall Y Reece Y Reese N Rice
Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Smith, R Y Smith, T Y Smith, V Y Smyre
Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton N Teilhet
Thomas, A.M Thomas, B Y Tumlin Walker Y Watson Y Wilkinson Y Willard Y Williams, A Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker

On the motion, the ayes were 131, nays 12.

The motion prevailed.

Representatives Byrd of the 20th and Lindsey of the 54th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

The following Bills of the House were taken up for the purpose of considering the reports of the Committees of Conference thereon:

HB 366. By Representatives Bearden of the 68th, Meadows of the 5th and Tumlin of the 38th:

A BILL to be entitled an Act to amend Code Section 30-4-2, relating to right to equal public accommodations and to be accompanied by guide or service dog, so as to provide that every person engaged in the raising of a dog for training as a guide or service dog shall have the right to be accompanied by such dog in the same manner as a totally or partially blind, deaf, or physically disabled person under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following report of the Committee of Conference was read:

FRIDAY, APRIL 20, 2007

4943

COMMITTEE OF CONFERENCE REPORT ON HB 366

The Committee of Conference on HB 366 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 366 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Chip Rogers Senator, 21st District

/s/ Tim Bearden Representative, 68th District

/s/ Johnny Grant Senator, 25th District

/s/ Ralston Representative, 7th District

/s/ Jay Roberts Representative, 154th District

A BILL

To amend Chapter 4 of Title 30 of the Official Code of Georgia Annotated, relating to rights of persons with disabilities, so as to change provisions relating to right to equal public accommodations and to be accompanied by guide or service dog; to provide that every person engaged in the raising of a dog for training as a guide or service dog shall have the right to be accompanied by such dog in the same manner as a totally or partially blind, deaf, or physically disabled person under certain conditions; to change provisions relating to denial or interference with the admittance to or enjoyment of facilities or exercise of rights; 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 30 of the Official Code of Georgia Annotated, relating to rights of persons with disabilities, is amended by revising subsection (b) of Code Section 30-4-2, relating to right to equal public accommodations and to be accompanied by guide or service dog, as follows:
"(b)(1) Every totally or partially blind person shall have the right to be accompanied by a guide dog, and every physically disabled person and every deaf person shall have the right to be accompanied by a service dog, especially trained for the purpose, in any of the places listed in subsection (a) of this Code section without being required

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to pay an extra charge for the guide or service dog; provided, however, that he or she shall be liable for any damage done to the premises or facilities by such dog. In addition, if such totally or partially blind person, physically disabled person, or deaf person is a student at a private or public school in this state, such person shall have the right to be accompanied by a guide dog or service dog subject to liability for damage as provided in the preceding sentence. The guide dog or service dog must be identified as having been trained by a school for seeing eye, hearing, service, or guide dogs. (2) Every person engaged in the training of a guide dog or service dog for the purpose of accompanying a person as provided in paragraph (1) of this subsection shall have the same right to be accompanied by such dog being trained as the totally or partially blind person, deaf person, or physically disabled person has under paragraph (1) of this subsection, so long as such trainer is identified as an agent or employee of a school for seeing eye, hearing, service, or guide dogs. (3) Every person engaged in the raising of a dog for training as a guide dog or service dog for the purpose of accompanying a person as provided in paragraph (1) of this subsection shall have the same right to be accompanied by such dog being raised for training as the totally or partially blind person, deaf person, or physically disabled person has under paragraph (1) of this subsection, so long as:
(A) Such dog is being held on a leash and is under the control of the person raising such dog for an accredited school for seeing eye, hearing, service, or guide dogs; (B) Such person has on his or her person and available for inspection credentials from the accredited school for which the dog is being raised; and (C) Such dog is wearing a collar, leash, or other appropriate apparel or device that identifies such dog with the accredited school for which such dog is being raised."
SECTION 2. Said chapter is further amended by revising Code Section 30-4-4, relating to denial of or interference with admittance to or enjoyment of facilities or exercise of rights, as follows:
"30-4-4. Any person, firm, corporation, or the agent of any person, firm, or corporation who denies or interferes with admittance to or enjoyment of the facilities enumerated in this chapter or otherwise interferes with the rights of a totally or partially blind person, physically disabled person, or deaf person or person engaged in the training or raising of a guide dog or service dog as provided by this chapter shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof, shall be punished by a fine not to exceed $2,000.00, or by imprisonment for not more than 30 days, or by both such fine and imprisonment."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

FRIDAY, APRIL 20, 2007

4945

Representative Bearden of the 68th moved that the House adopt the report of the Committee of Conference on HB 366.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams
Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce N Bryant Y Buckner Y Burkhalter Y Burns Y Butler
Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell
Cheokas Y Coan
Cole Coleman Y Collins Y Cooper Y Cox Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson Y Dollar
Drenner Dukes Ehrhart Y England Epps Y Everson Y Fleming Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Henson Y Hill, C 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 Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser
Keen Y Keown
Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis
Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Martin E Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris N Mosby Y Mumford N Murphy Y Neal Y Nix
Oliver O'Neal Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A

Y Scott, M Y Sellier Y Setzler
Shaw Sheldon Y Shipp Y Sims, B Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Smyre Y Stanley-Turner Y Starr Y Stephens N Stephenson Y Talton Y Teilhet Y Thomas, A.M Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Williams, E Y Williams, M Y Williams, R N Wix Y Yates Richardson, Speaker

On the motion, the ayes were 135, nays 5.

The motion prevailed.

HB 330. By Representative Stephens of the 164th:

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

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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 an effective date contingent on funding; 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 330

The Committee of Conference on HB 330 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 330 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Carter Senator, 13th District

/s/ Stephens Representative, 164th District

/s/ Parrish Representative, 156th District

/s/ Carter Representative, 159th 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 registration of pharmacy technicians; to require the Georgia State Board of Pharmacy to establish and maintain a registry of pharmacy technicians; to authorize the board to require background checks; to provide for rules and regulations; to revise certain provisions relating to patient counseling; to require pharmacists in charge to provide updated information for the registry; to provide for an effective date contingent on funding; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

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Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by revising subsection (a) of Code Section 26-4-28, relating to the powers, duties, and authority of the Georgia State Board of Pharmacy, as follows:
"(a) The board shall have the power, duty, and authority for the control and regulation of the practice of pharmacy in the State of Georgia including, but not limited to, the following:
(1) The licensing by examination or by license transfer of applicants who are qualified to engage in the practice of pharmacy under the provisions of this chapter; (2) The renewal of licenses to engage in the practice of pharmacy; (3) The establishment and enforcement of compliance with professional standards and rules of conduct of pharmacists engaged in the practice of pharmacy; (4) The determination and issuance of standards for recognition and approval of degree programs of schools and colleges of pharmacy whose graduates shall be eligible for licensure in this state, and the specification and enforcement of requirements for practical training including internship; (5) The enforcement of those provisions of this chapter relating to the conduct or competence of pharmacists practicing in this state and the suspension, revocation, or restriction of licenses to engage in the practice of pharmacy; (6) The licensure and regulation of pharmacies and pharmacy interns; (7) The regulation of other employees in the prescription or pharmacy department, including but not limited to the registration and regulation of pharmacy technicians. The board shall be required to establish the minimum qualifications for the registration of pharmacy technicians and shall be authorized to require the completion of a background check and criminal history record check for each person applying for registration as a pharmacy technician in this state. The certificate of registration, once issued, may be valid for no more than two years and shall be renewable biennially upon payment of a renewal fee and compliance with such other conditions as the board may establish by rule or regulation. The board shall be authorized to deny registration, to deny renewal, or to revoke or suspend the registration of a pharmacy technician for any of the grounds set forth in Code Section 26-4-60 or Code Section 43-1-19. However, said denial of a technician application, denial of the renewal of a certificate, or suspension or revocation of a technician registration shall not be considered a contested case under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' but said applicant or registrant shall be entitled to an appearance before the board. The board shall be required to establish and maintain a registry of pharmacy technicians in this state which contains the name and home address of each pharmacy technician and his or her employer and location of employment. The board shall establish a process by which the pharmacist in charge of each pharmacy shall provide updated information on the pharmacy technicians in the pharmacy. The board may establish and collect fees from pharmacy technicians, their employers, or both for the registration of pharmacy technicians and maintenance of the registry; (8) The collection of professional demographic data;

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(9) The right to seize any such drugs and devices found by the board to constitute an imminent danger to the public health and welfare; (10) The establishment of minimum specifications for the physical facilities, technical equipment, environment, supplies, personnel, and procedures for the storage, compounding, and dispensing of such drugs or devices utilized within the practice of pharmacy; (11) The establishment of minimum standards for the purity and quality of such drugs utilized within the practice of pharmacy; (12) The establishment of minimum standards for the purity and quality of such devices and other materials utilized within the practice of pharmacy; (13) The issuance and renewal of licenses of all persons engaged in the manufacture and distribution of drugs; (14) The issuance and renewal of licenses of all persons engaged in the manufacture and distribution of devices utilized within the practice of pharmacy; (15) The inspection of any licensed person at all reasonable hours for the purpose of determining if any provisions of the laws governing the legal distribution of drugs or devices or the practice of pharmacy are being violated. The board and its officers, agents, and designees shall cooperate with all agencies charged with the enforcement of the laws of the United States, of this state, and of all other states relating to drugs, devices, and the practice of pharmacy; (16) The investigation of alleged violations of this chapter or any other law in this state pertaining to, or in connection with, persons or firms licensed by the board or otherwise authorized by the laws of this state to manufacture, sell, distribute, dispense, or possess drugs, medicines, poisons, cosmetics, or devices, as related to misbranded or counterfeit drugs, or any rules and regulations promulgated by the board under this chapter; the conducting of investigative interviews or full board hearings, with or without the necessity of utilizing the Office of State Administrative Hearings, in respect thereto when in its discretion it appears to be necessary; and the bringing of such violations to the notice of the Attorney General; (17) The listing at any time upon either a list under Article 3 of Chapter 13 of Title 16, the 'Dangerous Drug Act,' or upon a schedule under Article 2 of Chapter 13 of Title 16, the 'Georgia Controlled Substances Act,' of any drug found to be potentially dangerous to public safety if dispensed without prescription; (18) The expunging of the pharmacy related practice record of any pharmacist whose record consists of a sole sanction resulting from alcohol impairment and whose pharmacy related practice record during a five-year time period dating from the time of the sanction has incurred no additional charges or infractions; (19) Restricting the inspection or examination of records or access to any area licensed and under the control of any registrant, which has been issued a permit by the board, to members of the board, agents for the Georgia Drugs and Narcotics Agency, the United States Drug Enforcement Administration, the Georgia Department of Medical Assistance, or other federal agencies or agencies of this state otherwise entitled to such inspections or examinations by law, subpoena, or court order. This

FRIDAY, APRIL 20, 2007

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paragraph specifically prohibits inspections or examinations of board registrants or any requirement which forces board registrants to allow inspection or examination, or both, of their records by representatives for any nongovernment affiliated, private organization for any purpose since the access of patient prescription records is restricted by this chapter and access by such private organizations is unnecessary in that this access only duplicates existing record-keeping and inspection requirements already addressed by the laws and regulations of the board and other government organizations. This restriction shall also prohibit a private, nongovernment affiliated organization from examining or copying continuing education certificates maintained by individual registrants. Nothing in this paragraph shall prohibit the pharmacist in charge from voluntarily allowing appropriate agencies and organizations to inspect or examine the records and pharmacy area under the control of the pharmacist in charge provided such inspections or examinations are for the purposes of ensuring the quality of care provided to patients; and (20) The requiring of background checks, including, but not limited to, criminal history record checks, on any persons or firms applying for licensure or registration pursuant to this chapter; and (20)(21) Serving as the sole governmental or other authority which shall have the authority to approve or recognize accreditation or certification programs for specialty pharmacy practice or to determine the acceptability of entities which may accredit pharmacies or certify pharmacists in a specialty of pharmacy practice, and the board may require such accreditation or certification as a prerequisite for specialty or advanced pharmacy practice. Such accreditation and certification standards for specialties shall be set forth in rules promulgated by the board with such rules to contain the required qualifications or limitations. Any accreditation or certification for specialty pharmacy practice approved or recognized by the board shall be deemed sufficient to meet any and all standards, licensure, or requirements, or any combination thereof, otherwise set forth by any private entity or other government agency to satisfy its stated goals and standards for such accreditation or certification. Nothing in this paragraph shall prohibit private entities, government agencies, professional organizations, or educational institutions from submitting accreditation or certification programs for the review and potential approval or recognition by the board. Accreditation and certification for specialty pharmacy practice under this paragraph shall be subject to the following conditions:
(A) Applications shall be submitted as set forth in rules promulgated or approved by the board for accreditation or certification; (B) Only a pharmacist registered by this state and maintaining an active license in good standing is eligible for certification in a specialty pharmacy practice by the board; (C) Only a pharmacy registered by this state and maintaining an active license in good standing is eligible for accreditation for specialty pharmacy practice by the board;

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(D) Any board approved or recognized accreditation for a specialty pharmacy practice of a pharmacy is to be deemed sufficient and shall satisfy any standards or qualifications required for payment of services rendered as set forth by any insurance company, carrier, or similar third-party payor plan in any policy or contract issued, issued for delivery, delivered, or renewed on or after July 1, 1999; (E) Any board approved or recognized specialty certification issued to a pharmacist is deemed sufficient and shall satisfy any standards or qualifications required for payment of services rendered as set forth by any insurance company, carrier, or similar third-party payor plan in any policy or contract issued, issued for delivery, delivered, or renewed on or after July 1, 1999; and (F) The board may deny, revoke, limit, suspend, probate, or fail to renew the accreditation or specialty certification of a pharmacy, pharmacist, or both for cause as set forth in Code Section 26-4-60 or for a violation of Chapter 13 of Title 16 or if the board determines that a pharmacy, pharmacist, or both, no longer meet the accreditation or certification requirements of the board. Before such action, the board shall serve upon the pharmacist in charge of a pharmacy or pharmacist an order to show cause why accreditation or certification should not be denied, revoked, limited, suspended, or probated or why the renewal should not be refused. The order to show cause shall contain a statement for the basis therefor and shall call upon the pharmacist in charge of a pharmacy, the pharmacist, or both, to appear before the board at a time and place not more than 60 days after the date of the service of the order."
SECTION 2. Said chapter is further amended by revising subsection (d) of Code Section 26-4-82, relating to duties requiring professional judgment and responsibilities of a licensed pharmacist, as follows:
"(d) The board of pharmacy shall promulgate rules and regulations regarding the activities and utilization of pharmacy technicians in pharmacies, including the establishment of a registry as required in paragraph (7) of subsection (a) of Code Section 26-4-28; provided, however, that the pharmacist to pharmacy technician ratio shall not exceed one pharmacist providing direct supervision of three pharmacy technicians. The board may consider and approve an application to increase the ratio in a pharmacy located in a licensed hospital. Such application must be made in writing and must be submitted to the board by the pharmacist in charge of a specific hospital pharmacy in this state. One of the three technicians must:
(1) Have successfully passed a certification program approved by the board of pharmacy; (2) Have successfully passed an employer's training and assessment program which has been approved by the board of pharmacy; or (3) Have been certified by either the Pharmacy Technician Certification Board or any other nationally recognized certifying body approved by the board of pharmacy."

FRIDAY, APRIL 20, 2007

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SECTION 3. Said chapter is further amended by revising subsection (b) of Code Section 26-4-85, relating to patient counseling, as follows:
"(b) Upon receipt of a prescription drug order and following a review of the patient's record, the pharmacist or the pharmacy intern operating under the direct supervision of the pharmacist shall personally personally offer to discuss matters which will enhance or optimize drug therapy with each patient or caregiver of such a patient. Such discussion shall be in person, whenever practicable, or by telephone and shall include appropriate elements of patient counseling, based on the professional judgment of the pharmacist. Such elements may include but are not limited to the following:
(1) The name and description of the drug; (2) The dosage form, dose, route of administration and duration of therapy; (3) The intended use of the drug and expected action or result; (4) Any special directions or precautions for preparation, administration, or use by the patient; (5) Common severe side effects or adverse effects or interactions and therapeutic contraindications that may be encountered, including their avoidance, and the action required if such side effect, adverse effect, interaction, or therapeutic contraindication occurs; (6) Techniques for self-monitoring of drug therapy; (7) The proper storage of the drug; (8) Prescription refill information; (9) The action to be taken in the event of a missed dose; and (10) The comments of the pharmacist relevant to the patient's drug therapy, including any other information peculiar to the specific patient or drug."
SECTION 4. Said chapter is further amended by revising subsection (d) of Code Section 26-4-110, relating to pharmacy licenses, as follows:
"(d) Each pharmacy shall have a pharmacist in charge. Whenever an applicable rule requires or prohibits action by a pharmacy, responsibility shall be that of the owner and the pharmacist in charge of the pharmacy, whether the owner is a sole proprietor, partnership, association, corporation, or otherwise. The pharmacist in charge shall be responsible for notifying the board in accordance with its rules and regulations of updated information regarding the registration of pharmacy technicians."
SECTION 5. 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.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

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Representative Stephens of the 164th moved that the House adopt the report of the Committee of Conference on HB 330.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant Y Buckner Y Burkhalter Y Burns
Butler Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Cole Coleman Y Collins Cooper Y Cox Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Dempsey Y Dickson 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
Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
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
Houston Y Howard E Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson
Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown
Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Martin E Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver
O'Neal Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Scott, A

Y Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton
Teilhet Y Thomas, A.M
Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, M Y Williams, R N Wix Y Yates
Richardson, Speaker

On the motion, the ayes were 147, nays 1.

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.

FRIDAY, APRIL 20, 2007

4953

HB 148. By Representatives Burkhalter of the 50th and Smith of the 113th:

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 tangible property to or in construction or expansion of an aquarium for a limited period of time; 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 148

The Committee of Conference on HB 148 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 148 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Tim Golden Senator, 8th District

/s/ O'Neal Representative, 146th District

/s/ Pearson Senator, 51st District

/s/ Royal Representative, 171st District

/s/ Rogers Senator, 21st District

/s/ Martin Representative, 47th District

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 a partial exemption for a limited period of time from state sales and use tax only with respect to the sale or use of natural or artificial gas, No. 2 fuel oil, No. 6 fuel oil, propane, and coal used directly or indirectly in the manufacture or processing of tangible personal property primarily for resale, and the fuel cost recovery component of retail electric rates used directly or indirectly in the manufacture or processing of tangible personal property primarily for resale; to change certain provisions regarding the exemption with respect to the sale of tangible property to or in construction of an aquarium in this state for a limited period of time and provide for

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an exemption with respect to expansion of such aquarium; 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 adding a new paragraph to read as follows:
"(70.1)(A) For the period commencing July 1, 2007, and concluding on December 31, 2009, the sale of natural or artificial gas, No. 2 fuel oil, No. 6 fuel oil, propane, and coal used directly or indirectly in the manufacture or processing of tangible personal property primarily for resale, and the fuel cost recovery component of retail electric rates used directly or indirectly in the manufacture or processing of tangible personal property primarily for resale. (B) The exemption provided for in subparagraph (A) of this paragraph shall not apply to the first $7.55 per decatherm of the sales price or cost price of natural or artificial gas, the first $1.77 per gallon of the sales price or cost price of No. 2 fuel oil, the first $1.02 per gallon of the sales price or cost price of No. 6 fuel oil, the first $1.07 per gallon of the sales price or cost price of propane, the first $45.00 per ton of coal, or the first 3.67 per kilowatt hour of the fuel cost recovery component of retail electricity rates whether such fuel recovery charges are charged separately or are embedded in such electric rates.
(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, 2A, 3, or 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) Any person making a sale of items qualifying for exemption under subparagraph (A) of this paragraph shall be relieved of the burden of proving such qualification if the person receives in good faith a certificate from the purchaser certifying that the purchase is exempt under this paragraph;"
SECTION 2. Said Code section is further amended by revising paragraph (76) as follows:
"(76)(A) Notwithstanding any provision of Code Section 48-8-63 to the contrary, from the effective date of this paragraph June 4, 2003, until January 1, 2007, sales of tangible personal property to, or used in the construction of, an aquarium in this state owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code.

FRIDAY, APRIL 20, 2007

4955

(B) Notwithstanding any provision of Code Section 48-8-63 to the contrary, from the effective date of this subparagraph until January 1, 2011, sales of tangible personal property to, or used in the expansion of, an aquarium in this state owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code;"

SECTION 3. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 1 of this Act shall become effective on July 1, 2007.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative O`Neal of the 146th moved that the House adopt the report of the Committee of Conference on HB 148.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks
Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler
Byrd Y Carter, A Y Carter, B Y Casas
Chambers Y Channell Y Cheokas Y Coan
Cole Coleman Collins Y Cooper

Y Dempsey Y Dickson 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 Frazier Y Freeman
Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
Harbin Y Hatfield Y Heard, J Y Heard, K

Holt Y Horne Y Houston Y Howard E Hudson
Hugley Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk

Y Martin E Maxwell Y May Y McCall
McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby
Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice

Y Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Smyre Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Williams, A

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Y Cox Crawford, M
Y Crawford, R Y Davis, H Y Davis, S
Day

Heckstall Y Hembree Y Henson Y Hill, C
Hill, C.A Y Holmes

Y Lucas N Lunsford
Maddox Y Mangham E Manning Y Marin

Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Williams, E Y Williams, M Y Williams, R N Wix Y Yates
Richardson, Speaker

On the motion, the ayes were 143, nays 2.

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 204. By Senators Thomas of the 54th, Balfour of the 9th, Unterman of the 45th, Schaefer of the 50th, Hawkins of the 49th and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to disposition of unclaimed dead bodies, so as to change certain provisions relating to the board for distribution and delivery of dead bodies; 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 Abrams Y Amerson Y Ashe Y Barnard
Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges
Brooks Y Bruce Y Bryant
Buckner Burkhalter Y Burns Y Butler Byrd Y Carter, A

Y Dempsey Y Dickson 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
Frazier Y Freeman
Gardner Y Geisinger Y Glanton

Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson
Johnson, C E Johnson, T Y Jones, J Y Jones, S
Jordan Y Kaiser
Keen Y Keown

Y Martin E Maxwell Y May
McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon
Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson

FRIDAY, APRIL 20, 2007

4957

Y Carter, B Y Casas Y Chambers Y Channell
Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox
Crawford, M Y Crawford, R Y Davis, H Y Davis, S
Day

Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree Y Henson Y Hill, C
Hill, C.A Holmes

Y Knight Y Knox Y Lakly
Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox
Mangham E Manning Y Marin

Y Parsons Y Peake Y Porter Y Powell
Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice
Roberts Rogers Y Royal Y Rynders Sailor Y Scott, A

Y Talton Y Teilhet Y Thomas, A.M
Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 142, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 193. By Senators Mullis of the 53rd, Jones of the 10th and Grant of the 25th:

A BILL to be entitled an Act to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding local government, so as to provide that, if a county governing authority provides group health, life, disability, and liability insurance, retirement or pension coverage, social security and employment security coverage, and other similar or related employment benefits for county employees, such benefits must be offered to the sheriff, judge of probate court, clerk of superior court, tax receiver, tax collector, and tax commissioner on the same terms and conditions as other county employees; 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 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide that, if a county governing authority provides group health insurance benefits for county employees, such benefits must also be offered to the sheriff, judge of probate court, clerk of superior court, full-time magistrate court judges, tax receiver, tax collector, and tax commissioner on the same terms and conditions as other county employees; to specify a procedure relating to compensation; to provide for certain notices relating to audit reports; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by revising Code Section 36-1-11.1, relating to expenditure of funds for insurance and employment benefits, as follows:
"36-1-11.1. (a) The governing authority of any county is authorized to provide, and to expend county funds for the provision of, group health, life, disability, and liability insurance, retirement or pension coverage, social security and employment security coverage, and other similar or related employment benefits for members of the county governing authority and for elected county officers and the personnel thereof, as well as for the dependents and beneficiaries of such officials and personnel; provided, however, that no member of a county governing authority may become vested in the provision of any retirement or pension benefits authorized by this subsection until after the next general election in which said official stands for reelection. (b) In the event that a county governing authority provides group health insurance benefits to employees of the county, such benefits shall also be offered to the sheriff, judge of probate court, clerk of superior court, full-time magistrate court judges, tax receiver, tax collector, and tax commissioner on the same terms and conditions as other county employees. (b)(c) Any prior expenditure of county funds in the manner authorized by this Code section is validated and confirmed; and no person shall be liable in any respect by reason of his or her participation in any prior provision of the benefits authorized by this Code section."
SECTION 2. Said title is further amended by revising Code Section 36-5-28, relating to compensation increases for county governing authorities, as follows:
"36-5-28. (a) On and after January 1, 2001, 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 compensation to which a member of a governing authority is entitled under general or local law 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 to which a member of a county governing authority is entitled under general or local law 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 to which a member of a county governing authority is entitled

FRIDAY, APRIL 20, 2007

4959

under general or local law 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-ofliving increases received by state employees become effective on January 1, such periodic changes in the amount to which a member of a county governing authority is entitled under general or local law shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (b) Whenever the compensation to which a member of a governing authority is entitled is increased by local Act or pursuant to Code Section 36-5-24, any additional increase to be applied as a result of subsection (a) of this Code section shall be applied to the most recent such increase."
SECTION 3. Said title is further amended by revising Code Section 36-81-7, relating to conduct of audits and audit reports, to add a new subsection to read as follows:
"(h) A statement advising the residents of the local unit of government of the availability of the audit shall be published in a newspaper of general circulation within the jurisdiction of the governing authority. In lieu of publishing in a newspaper of general circulation within the jurisdiction of the governing authority, it may be posted through the official county website. The notice shall be published upon completion of the audit by the governing authority. In addition, the statement shall also advise the residents where a copy of the audit shall be available for public viewing. The statement shall be a prominently displayed advertisement or news article and shall not be placed in that section of the newspaper where legal notices appear."
SECTION 4. (a) Except as provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 1 of this Act shall become effective on July 1, 2007.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by the Committee on Rules, was read and adopted:
A BILL
To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide that, if a county governing authority provides group health insurance benefits for county employees, such benefits must also be offered to the sheriff, judge of probate court, clerk of superior court, full-time magistrate court judges, tax receiver, tax collector, and tax commissioner on the same terms and conditions as other

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JOURNAL OF THE HOUSE

county employees; to specify a procedure relating to compensation; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by revising Code Section 36-1-11.1, relating to expenditure of funds for insurance and employment benefits, as follows:
"36-1-11.1. (a) The governing authority of any county is authorized to provide, and to expend county funds for the provision of, group health, life, disability, and liability insurance, retirement or pension coverage, social security and employment security coverage, and other similar or related employment benefits for members of the county governing authority and for elected county officers and the personnel thereof, as well as for the dependents and beneficiaries of such officials and personnel; provided, however, that no member of a county governing authority may become vested in the provision of any retirement or pension benefits authorized by this subsection until after the next general election in which said official stands for reelection. (b) In the event that a county governing authority provides group health insurance benefits to employees of the county, such benefits shall also be offered to the sheriff, judge of probate court, clerk of superior court, full-time magistrate court judges, tax receiver, tax collector, and tax commissioner on the same terms and conditions as other county employees. (b)(c) Any prior expenditure of county funds in the manner authorized by this Code section is validated and confirmed; and no person shall be liable in any respect by reason of his or her participation in any prior provision of the benefits authorized by this Code section."
SECTION 2. Said title is further amended by revising Code Section 36-5-28, relating to compensation increases for county governing authorities, as follows:
"36-5-28. (a) On and after January 1, 2001, 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 compensation to which a member of a governing authority is entitled under general or local law 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 to which a member of a county governing authority is entitled under general or local law shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary

FRIDAY, APRIL 20, 2007

4961

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 to which a member of a county governing authority is entitled under general or local law 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-ofliving increases received by state employees become effective on January 1, such periodic changes in the amount to which a member of a county governing authority is entitled under general or local law shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (b) Whenever the compensation to which a member of a governing authority is entitled is increased by local Act or pursuant to Code Section 36-5-24, any additional increase to be applied as a result of subsection (a) of this Code section shall be applied to the most recent such increase."

SECTION 3. (a) Except as provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (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.

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 Abrams Y Amerson Y Ashe Y Barnard Y Bearden
Beasley-Teague Benfield Y Benton Y Black Y Bridges Brooks Y Bruce Y Bryant Y Buckner Burkhalter Y Burns

Y Dempsey Dickson
Y Dollar Drenner
Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming
Floyd, H Floyd, J Y Fludd N Forster N Franklin Frazier Y Freeman

Y Holt N Horne Y Houston Y Howard E Hudson
Hugley Jackson Y Jacobs Y James Y Jamieson Y Jenkins N Jerguson Y Johnson, C E Johnson, T Jones, J Y Jones, S Jordan

Martin E Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar N Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix
Oliver

N Scott, M Y Sellier Y Setzler
Shaw Sheldon N Shipp Y Sims, B Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Smith, T Y Smith, V Y Smyre Y Stanley-Turner

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Y Butler N Byrd Y Carter, A Y Carter, B N Casas Y Chambers
Channell Y Cheokas Y Coan
Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Gardner Y Geisinger Y Glanton Y Golick Y Gordon N Graves Y Greene Y Hamilton
Hanner Harbin N Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes

Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas N Lunsford Y Maddox
Mangham E Manning Y Marin

N O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece N Reese Y Rice Y Roberts Y Rogers
Royal Y Rynders
Sailor Y Scott, A

Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M
Thomas, B Y Tumlin Y Walker
Watson Y Wilkinson N Willard Y Williams, A
Williams, E Y Williams, M N Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 126, nays 16.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 184. By Senator Rogers of the 21st:

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 new definitions; to modify the computation of deductible business expenses; 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 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide for an additional adjustment to taxable income of corporations with respect to certain disallowances; to change certain provisions regarding the disallowances as a business expense of certain compensation paid by a taxpayer; to exempt military income received by a member of the national guard or any reserve component of the armed services of the United States stationed in defense of the borders of the United States pursuant to military orders; to provide for an additional adjustment to taxable income of certain taxpayers with respect to certain disallowances; to change certain provisions regarding definitions with respect to current income tax payment; to

FRIDAY, APRIL 20, 2007

4963

change certain provisions regarding collection and withholding of income taxes; 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. Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, is amended by adding a new paragraph in subsection (b) of Code Section 48-7-21, relating to taxation of corporations, to read as follows:
"(15) Georgia taxable income shall be increased by the amount of the payments, compensation, or other economic benefit disallowed by Code Section 48-7-21.1."
SECTION 2. Said chapter is further amended by revising Code Section 48-7-21.1, relating to the disallowance as a business expense of certain compensation paid by a taxpayer, as follows:
"48-7-21.1. (a) As used in this Code section, the term:
(1) 'Authorized employee' means any individual authorized whose hiring for employment or continuing employment in the United States as defined in paragraph (2) of subsection (a) does not violate the provisions of 8 U.S.C. Section 1324a. (2) 'Basic pilot program' shall mean the electronic verification of a work authorization program of the Illegal Immigrant Reform and Immigrant Responsibility Act of 1996, P. L. 104-208, Division C, Section 1324a note, and operated by the United States Department of Homeland Security. (2)(3) 'Labor services' means the physical performance of services in this state. (b) On or after January 1, 2008, no wages payment or compensation or other remuneration, including but not limited to wages, salaries, bonuses, benefits, in-kind exchanges, expenses, or any other economic benefit, paid for labor services to an individual of $600.00 or more per annum totaling $600.00 or more in a taxable year, 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 or Form W-2 is issued in conjunction with the wages such payments, compensation, or other remuneration. (c) This Code section shall not apply to any business domiciled in this state which: is (1) Has enrolled and participates in the basic pilot program; or (2) 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.

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(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 payments, compensation, or other 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 3. Said chapter is further amended in paragraph (12) of subsection (a) of Code Section 48-727, relating to computation of taxable net income, as follows:
"(12) Military income received by a member of the national guard or any reserve component of the armed services of the United States stationed in a combat zone or stationed in defense of the borders of the United States pursuant to military orders. The exclusion provided under this paragraph:
(A) Shall apply with respect to each taxable year, or portion thereof, covered by such military orders; and (B) Shall apply only with respect to such member of the national guard or any reserve component of the armed forces and only with respect to military income earned during the period covered by such military orders;"
SECTION 4. Said chapter is further amended by adding a new paragraph in subsection (b) of Code Section 48-7-27, relating to the computation of taxable net income, to read as follows:
"(12) Georgia taxable income shall be increased by the amount of the payments, compensation, or other economic benefit disallowed by Code Section 48-7-21.1."
SECTION 5. Said chapter is further amended by adding a new paragraph in Code Section 48-7-100, relating to definitions regarding current income tax payment, to read as follows:
"(11) 'Withholding agent' means any person required to deduct and withhold any tax under the provisions of Code Section 48-7-101."
SECTION 6. Said chapter is further amended in subsection (i) of Code Section 48-7-101, relating to collection and withholding of income taxes, 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 for labor services as defined in paragraph (3) of Code Section 48-7-21.1 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;

FRIDAY, APRIL 20, 2007

4965

(B) Failed to provide a correct taxpayer identification number. Except as to the withholding rate specified in this paragraph, such failure shall be determined in the same manner as provided for in Section 3406 of the Internal Revenue Code and regulations thereunder; or (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 7. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective on July 1, 2007. (b) Section 3 of this Act shall become effective January 1, 2008, and shall be applicable to all taxable years beginning on or after that date.

SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Abdul-Salaam N Abrams Y Amerson Y Ashe Y Barnard Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black
Bridges Y Brooks Y Bruce Y Bryant
Buckner Y Burkhalter Y Burns Y Butler
Byrd

Y Dempsey Y Dickson
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 Frazier Y Freeman
Gardner Y Geisinger

Y Holt Y Horne
Houston Y Howard E Hudson Y Hugley
Jackson Y Jacobs Y James
Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S
Jordan Y Kaiser Y Keen

Y Martin E Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills
Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham

Y Scott, M Sellier
N Setzler Shaw
Y Sheldon Shipp
Y Sims, B Y Sims, C Y Sims, F
Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner Y Starr Y Stephens

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Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan
Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton
Hanner Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Hembree Henson Hill, C Y Hill, C.A Y Holmes

Y Keown Y Knight Y Knox Y Lakly
Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston
Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Stephenson Y Talton Y Teilhet Y Thomas, A.M
Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, M Y Williams, R Y Wix
Yates Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 137, nays 3.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Setzler of the 35th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 122. By Senators Hill of the 32nd, Rogers of the 21st and Weber of the 40th:

A BILL to be entitled an Act to amend Code Section 20-2-210 of the Official Code of Georgia Annotated, relating to annual performance evaluations, so as to require that the annual evaluation is signed by the evaluator and provided to the certificated person; 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 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, 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, and loans; to require that the written annual evaluation is signed by the evaluator and provided to the certificated person; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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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 revising paragraph (3) of subsection (b) of Code Section 20-2-157, relating to the uniform reporting system for certain purposes, as follows:
"(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, 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 honors, 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 by adding 0.5 to the grade received by the student in such course, except for a failing grade, such that a grade of 'A' = 4.5, a grade of 'B' = 3.5, a grade of 'C' = 2.5, a grade of 'D' = 1.5, and a grade of 'F' = 0. 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; provided, however, that the additional 0.5 for honors courses shall apply only to those students graduating from high school in 2007;".
SECTION 2. Said chapter is further amended by revising subsection (d) of Code Section 20-2-210, relating to annual performance evaluations, as follows:
"(d) The superintendent of each local school system shall identify an appropriately trained evaluator for each person employed by the local unit of administration for the purposes of completing an a written annual evaluation as required in subsections (a) and (b) of this Code section. The evaluator shall be required to complete and sign such

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annual evaluation and provide it to for each certificated person prior to April 1 of each year. The superintendent of each local school system shall be responsible for ensuring compliance with this Code section."

SECTION 3. Section 1 of this Act shall become effective upon this Act's approval by the Governor or upon this Act becoming law without such approval. The remaining sections of the Act shall become effective on July 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.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns Y Butler
Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan
Cole Coleman Y Collins Y Cooper Y Cox Y Crawford, M

Y Dempsey Y Dickson
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
Frazier Y Freeman
Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton
Hanner Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree

Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly
Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford

Y Martin E Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby
Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston
Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre
Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M
Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard
Williams, A Williams, E Y Williams, M

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Y Crawford, R Davis, H
Y Davis, S Y Day

Y Henson Hill, C
Y Hill, C.A Y Holmes

Y Maddox Y Mangham E Manning Y Marin

Y Royal Y Rynders
Sailor Y Scott, A

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.

SB 162. By Senators Heath of the 31st, Tate of the 38th, Murphy of the 27th, Schaefer of the 50th, Stoner of the 6th and others:

A BILL to be entitled an Act to amend Code Section 47-2-123 of the Official Code of Georgia Annotated, relating to allowance payable upon death, disability, or involuntary separation from employment, restrictions on separating from employment, and restrictions on entitlement to involuntary separation benefits, so as to provide that a person who becomes a member of the Employees' Retirement System of Georgia on or after July 1, 2007, shall be entitled to a disability benefit based upon the actual years of creditable service he or she had attained on the date of retirement; to provide that no such person who is eligible for an equivalent service retirement shall be entitled to receive a disability allowance; to 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 Abrams
Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield
Benton Y Black Y Bridges
Brooks Y Bruce
Bryant Y Buckner Y Burkhalter Y Burns

Y Dempsey Y Dickson 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 Frazier Y Freeman

Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J
Jones, S Y Jordan

Y Martin E Maxwell
May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver

Y Scott, M Y Sellier Y Setzler
Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C
Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner

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Y Butler Byrd
Y Carter, A Y Carter, B
Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton
Hanner Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Y Henson Y Hill, C Hill, C.A Holmes

Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis
Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin

Y O'Neal Y Parham
Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal
Rynders Sailor Y Scott, A

Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M
Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 148, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 208. By Representatives Jones of the 46th, Lindsey of the 54th, Chambers of the 81st, Talton of the 145th and Coan of the 101st:

A BILL to be entitled an Act to amend Code Section 20-2-86 of the Official Code of Georgia Annotated, relating to operation of school councils, so as to provide that the parent members make up a majority on the school council; to provide that the chairperson shall be a parent member; 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 208

The Committee of Conference on HB 208 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 208 be adopted.

Respectfully submitted,

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4971

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Williams Senator, 19th District

/s/ Jan Jones Representative, 46th District

/s/ Moody Senator, 56th District

/s/ Coleman Representative, 97th District

/s/ Weber Senator, 40th District

/s/ D. Casas Representative, 103rd District

A BILL

To amend Code Section 20-2-86 of the Official Code of Georgia Annotated, relating to operation of school councils, so as to delete language relating to membership on the school council; to provide that the parent members make up a majority on the school council; to provide that the chairperson shall be a parent member; to provide for transition; to amend Code Section 20-2-290 of the Official Code of Georgia Annotated, relating to organization of schools under the "Quality Basic Education Act," so as to authorize the employment of school administrative managers to conduct the financial and business affairs of a school; to amend Article 31 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to charter schools, so as to enact the "Charter Systems Act"; to provide for legislative findings; to provide for the establishment of charter systems; to revise and add definitions; to provide for the establishment of the Charter Advisory Committee; to provide for requirements for petitions for charter systems; to revise certain provisions relating to the approval or denial of a charter petition; to revise certain provisions relating to the review of charters; to provide for terms and renewals of charter systems; to provide for waivers and operating requirements, control, and management for charter systems; to provide for termination of charter systems; to revise certain provisions relative to funding of charter schools; to change certain provisions relative to the Office of Charter School Compliance; to revise provisions for purposes of conformity; 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 1-1. Code Section 20-2-86 of the Official Code of Georgia Annotated, relating to operation of school councils, is amended by revising subsections (c), (d), (e), and (j) as follows: "(c) Membership on the council shall be open to teachers, parents, and business representatives selected from all businesses that are designated school business

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partners. Any member may withdraw from the council by delivering to the council a written resignation and submitting a copy to the secretary of the council or school principal. Should school councilmembers determine that a member of the council is no longer active in the council as defined by the bylaws of the council, the council may, by a majority vote, withdraw such person's membership status, effective as of a date determined by the council. (d) The property and business of the council shall be managed by a minimum of seven school councilmembers of whom a majority shall constitute a quorum. The number of councilmembers shall be specified in the council's bylaws. If the number of councilmembers exceeds seven, the number of parent members and teacher members must be equal. Members of the school council shall include:
(1) At least two A number of parents or guardians of students enrolled in the school, excluding employees who are parents or guardians of such students, so that such parents or guardians make up a majority of the council and at least two of whom shall be businesspersons; (2) Two businesspersons; (3)(2) At least two certificated teachers, excluding any personnel employed in administrative positions, who are employed at least four of the six school segments at the school; (4)(3) The school principal; and (5)(4) Other members as specified in the council's bylaws, such as, but not limited to, students, staff, and representatives of school related organizations. Other businesspersons from the local business community may serve on the council and shall be selected by the other members of the school council. Selection procedures for these members and the business members shall be specified in the council's bylaws. An employee of the local school system may serve as a parent representative on the council of a school in which his or her child is enrolled if such employee works at a different school. With the exception of the principal and the business representatives, members shall be elected by, and from among, the group they represent. (e) Members of the council shall serve for a term of two years or for such other term as may be specified in the council's bylaws, except as provided in this subsection. Upon the expiration of the terms of the councilmembers in office on July 1, 2004, the subsequent The terms of the councilmembers shall be staggered. In order to stagger the terms, the initial terms of one-half of the councilmembers pursuant to paragraph (1) of subsection (d) of this Code section, one-half of the councilmembers pursuant to paragraph (2) of subsection (d) of this Code section, one-half of the councilmembers pursuant to paragraph (3) of subsection (d) of this Code section, and one-half of the councilmembers pursuant to paragraph (5) of subsection (d) of this Code section shall have initial terms of one year and the remaining members shall have initial terms of two years. Upon the expiration of the terms of the two businessperson councilmembers in office on July 1, 2007, these member positions shall subsequently be filled by parent councilmembers; provided, however, that additional businesspersons may serve on the

FRIDAY, APRIL 20, 2007

4973

council if provided for in the council's bylaws in accordance with paragraph (4) of subsection (d) of this Code section. Councilmembers may serve more than one term. The office of school councilmember shall be automatically vacated:
(1) If a member shall resign; (2) If the person holding the office is removed as a member by an action of the council pursuant to this Code section; or (3) If a member no longer meets the qualifications specified in this Code section. An election within the electing body for a replacement to fill the remainder of an unexpired term shall be held within 30 days, unless there are 90 days or less remaining in the term in which case the vacancy shall remain unfilled." "(j)(1) The officers of the school council shall be a chairperson, vice chairperson, and secretary. Officers of the council shall be elected by the council at the first meeting of the council following the election of school councilmembers; provided, however, that the chairperson shall be a parent member. The officers of the council shall hold office for the term specified in the council's bylaws. (2) The vice chairperson shall, in the absence or disability of the chairperson, perform the duties and exercise the powers of the chairperson and shall perform such other duties as shall be required by the council. (3) The secretary shall attend all meetings, act as clerk of the council, and be responsible for recording all votes and minutes of all proceedings in the books to be kept for that purpose. The secretary shall give or cause to be given notice of all meetings of the council and shall perform such other duties as may be prescribed by the council."
SECTION 1-2. Code Section 20-2-290 of the Official Code of Georgia Annotated, relating to organization of schools under the "Quality Basic Education Act," is amended by revising subsection (a) as follows:
"(a)(1) The board of education of any local school system is authorized to organize or reorganize the schools and fix the grade levels to be taught at each school in its jurisdiction. Local school systems which have organized their schools in such a manner that facilities house grades six, seven, and eight or grades seven and eight shall qualify for the middle school program for students in grade levels so housed. A school which houses grades other than six, seven, or eight shall only be eligible if it has a full-time principal for grades seven and eight or six, seven, and eight and another full-time principal for grades above or below the middle school grades; provided, however, that such schools also meet all other provisions of this Code section. Schools with students in the sixth grade shall not be eligible for the middle school program if the sixth grades are not housed in middle schools which also contain both grades seven and eight. Further, two or more adjacent local school systems shall qualify for the middle school program if through their contractual arrangement they jointly meet the requirements of this Code section and the criteria and standards prescribed by the state board.

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(2) The board of education of any local school system shall be authorized to employ school administrative managers in lieu of or in addition to assistant principals. Such school administrative managers shall not be required to be certificated by the Professional Standards Commission but shall have such qualifications as determined by the local board with a minimum requirement of a bachelor's degree. The duties of school administrative managers shall be to oversee and manage the financial and business affairs of the school. The principal shall retain authority over the curriculum and instructional areas. The school administrative manager shall report directly to the principal. In the event that a local board considers hiring or utilizing school administrative managers pursuant to this subsection, it shall receive and give all due consideration to recommendations by the school council as to whether or not to utilize such position and as to selection of the manager. Existing employees of the local board shall be eligible to serve as school administrative managers if they meet other qualifications and requirements established by the local board for such position. For purposes of earning funds for such positions, school administrative managers shall be treated in all respects the same as assistant principals."
PART II SECTION 2-1. This Part shall be known and may be cited as the "Charter Systems Act."
SECTION 2-2. The General Assembly finds that schools and school systems should be given high flexibility to tailor their educational programs to meet the unique needs of their communities. In furtherance of this, schools and school systems should be encouraged to use innovative educational programs including local management of schools and should be provided resources to help design and implement innovative programs. The General Assembly further finds that schools and school systems shall be held accountable for student achievement.
SECTION 2-3. Article 31 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Charter Schools Act of 1998," is amended in Code Section 20-2-2062, relating to definitions, by revising paragraphs (1), (2), (8), and (11), by renumbering paragraph (5.1), and by inserting new paragraphs (3.1), (5.1), (12.1), and (17), as follows:
"(1) 'Charter' means a performance based contract between a local board and a charter petitioner, the terms of which are approved by the local board and by the state board in the case of a local charter school, or between the state board and a charter petitioner, the terms of which are approved by the state board in the case of a state chartered special school, or between a local board and the state board, the terms of which are approved by the state board in the case of a charter system. by entering into a charter, a charter petitioner and local board shall be deemed to have agreed to be

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bound to all the provisions of this article as if such terms were set forth in the charter." "(2) 'Charter petitioner' means a local school, local board of education, private individual, private organization, or state or local public entity that submits a petition for a charter. The term 'charter petitioner' does not include home study programs or schools, sectarian schools, religious schools, private for profit schools, private educational institutions not established, operated, or governed by the State of Georgia, or existing private schools." "(3.1) 'Charter system' means a local school system that is operating under the terms of a charter pursuant to Code Section 20-2-2063.1." "(5.1) 'Governing council' means a school level council of parents, teachers, administrators, and others who are involved in school level governance within a charter system. (5.1)(5.2) 'High school cluster' means a high school and all of the middle and elementary schools which contain students who matriculate to such high school. The schools in a high school cluster may include charter schools, local schools, or a combination of both." "(8) 'Local revenue' means local taxes budgeted for school purposes in excess of the local five mill share, combined with any applicable equalization grant and budgeted revenues from any of the following: investment earnings, unrestricted donations, and the sale of surplus property; but exclusive of revenue from bonds issued for capital projects, revenue to pay debt service on such bonds, and local option sales tax for capital projects, and budgeted school food service program costs. Nothing in this paragraph shall be construed to prevent a local board from including a local charter school in projects specified in the ballot language of a local option sales tax or bond referendum." "(11) 'Petition' means a proposal to establish a charter school or a charter system." "(12.1) 'School level governance' means decision-making authority in personnel decisions, financial decisions, curriculum and instruction, resource allocation, establishing and monitoring the achievement of school improvement goals, and school operations." "(17) 'System charter school' means a school within a charter system."
SECTION 2-4. Said article is further amended in Code Section 20-2-2063, relating to minimum requirements for charter petitions, by adding a new subsection to the end of such Code section as follows:
"(d) The State Board of Education shall establish rules, regulations, policies, and procedures to provide for a charter petition from a local school system to establish a charter system. Such rules, regulations, policies, and procedures shall require that a charter petition and the charter contain an explanation of the structure, rights, and responsibilities of the principal, governing council, and local board of education of the

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system charter school, with an objective of maximizing school level governance and the involvement of parents, teachers, and community members in such governance."
SECTION 2-5. Said article is further amended by adding new Code sections as follows:
"20-2-2063.1. (a) The state board shall establish a Charter Advisory Committee to review charter petitions for compliance with established standards of the state board, to make recommendations to the state board on charter policy, and to provide recommendations to the state board regarding charter petitions. The committee shall be composed of nine members as follows:
(1) Three members appointed by the chairperson of the state board; (2) Three members appointed by the Lieutenant Governor; and (3) Three members appointed by the Speaker of the House of Representatives. All members shall serve at the pleasure of their respective appointing officials. The committee shall elect a chairperson from among its membership. (b) The committee shall conduct itself in accordance with any rules and guidelines established by the state board with regard to timeframes, procedures, and protocol. (c) The committee shall be authorized to request clarifying information from a charter petitioner and to receive input from interested parties on a charter petition. (d) The committee shall: (1) Make recommendations to the state board of approval or denial on each charter petition and shall specify the reasons for such recommendations; and (2) Periodically make recommendations to the state board regarding charter policy; (3) Make recommendations to the state board on the disbursement of planning grants for charter systems, if funds are made available. (e) The committee shall be authorized to enter into contracts, subject to available funding, with one or more consultants to assist the committee in its duties and if directed to do so by the committee, to do the following: (1) Assist charter petitioners in the drafting of their petitions; (2) Assist charter petitioners in the design and implementation of innovative education programs and school level governance based on research, model programs, or other credible information; (3) Monitor and assist charter schools and charter systems; and (4) Perform any other functions related to the support of the committee. (f) The committee shall work in cooperation with the Office of Charter School Compliance, as established pursuant to Code Section 20-2-2069. (g) The members of the committee shall receive no compensation for their services but shall be reimbursed for actual and necessary expenses incurred by them in carrying out their duties. (h) The committee shall be assigned to the Department of Education for administrative purposes only, as prescribed in Code Section 50-4-3.

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20-2-2063.2. (a) The state board shall be authorized to enter into a charter with a local board to establish a local school system as a charter system. (b) A local board seeking to create a charter system must submit a petition to the state board. Prior to submitting such petition, the local board shall:
(1) Adopt a resolution approving the proposed charter system petition; (2) Conduct at least two public hearings and provide notice of the hearings in the same manner as other legal notices of the local board; and (3) Send a notice to each principal within the local school system of the hearings with instructions that each school shall distribute the notice to faculty and instructional staff members and to the parent or guardian of each student enrolled in the school. The local board may revise its proposed charter system petition, upon resolution, as a result of testimony at the public hearings or for other purposes. (c) Prior to approval or denial of a charter petition for a charter system, the state board shall receive and give all due consideration to the recommendation and input from the Charter Advisory Committee established in Code Section 20-2-2063.1. The state board shall approve the charter if the state board finds, after receiving input from the Charter Advisory Committee, that the petition complies with the rules, regulations, policies, and procedures promulgated pursuant to Code Section 20-2-2063 and the provisions of this title, is in the public interest, and promotes school level governance. (d) All schools within an approved charter system shall be system charter schools except as otherwise provided in subsections (f) and (g) of this Code section. (e)(1) Subject to appropriations by the General Assembly or other available funding, the state board, after receiving input and recommendations from the Charter Advisory Committee, shall disburse planning grants to local school systems which desire to become charter systems. Such grants will be disbursed in accordance with any applicable guidelines, policies, and requirements established by the state board. (2) Subject to specific appropriations by the General Assembly for this purpose, the state board shall disburse implementation grants in the amount of $125,000.00 or such other amount as determined by the state board to each charter system. The state board shall be authorized to approve up to five petitions for charter systems during fiscal year 2008, and may approve up to a maximum number of petitions in following years as may be established pursuant to board rules and as subject to availability of funding for implementation grants. (f) A system charter school shall not be precluded from petitioning to become a conversion charter school, in accordance with Code Section 20-2-2064, not subject to the terms of the system charter. In the event a system charter school becomes a conversion charter school, the system charter shall be amended to reflect that such school is no longer bound by the system charter. (g) An existing conversion or start-up charter school within a local school system which is petitioning to become a charter system shall have the option of continuing under its own existing charter, not subject to the terms of the system charter, or of

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terminating its existing charter, upon agreement by the local board and state board, and becoming subject to the system charter as a charter system school."
SECTION 2-6. Said article is further amended by revising Code Section 20-2-2064, relating to approval or denial of petition, as follows:
"20-2-2064. (a) A charter petitioner seeking to create a conversion charter school must submit a petition to the local board of the local school system in which the proposed charter school will be located. The local board must by a majority vote approve or deny a petition no later than 60 days after its submission unless the petitioner requests an extension; provided, however, that a denial of a petition by a local board shall not preclude the submission to the local board of a revised petition that addresses deficiencies cited in the denial; and provided, further, that the local board shall not act upon a petition for a conversion charter school until such petition:
(1) Has been freely agreed to, by secret ballot, by a majority of the faculty and instructional staff members of the petitioning local school at a public meeting called with two weeks' advance notice for the purpose of deciding whether to submit the petition to the local board for its approval; and (2) Has been freely agreed to, by secret ballot, by a majority of parents or guardians of students enrolled in the petitioning local school present at a public meeting called with two weeks' advance notice for the purpose of deciding whether to submit the petition to the local board for its approval. This subsection shall not apply to a system charter school petitioning to be a conversion charter school. (b) A charter petitioner seeking to create a start-up charter school must submit a petition to the local board of the local school system in which the proposed charter school will be located. The local board must by a majority vote approve or deny a petition no later than 60 days after its submission unless the petitioner requests an extension. A denial of a petition by a local board shall not preclude the submission to the local board of a revised petition that addresses deficiencies cited in the denial. (c) A system charter school's school council or governing council, as applicable, may petition to become a conversion charter school. The petition shall be submitted to the local board of the charter system in which the school is located. The local board must by a majority vote approve or deny a petition no later than 60 days after its submission unless the petitioner requests an extension; provided, however, that a denial of a petition by a local board shall not preclude the submission to the local board of a revised petition that addresses deficiencies cited in the denial. (c)(d) A local board shall approve a petition that complies with the rules, regulations, policies, and procedures promulgated in accordance with Code Section 20-2-2063 and the provisions of this title and is in the public interest. If a local board denies a petition, it must within 60 days specifically state the reasons for the denial, list all deficiencies

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with respect to Code Section 20-2-2063, and provide a written statement of the denial to the charter petitioner and the state board. (d)(e) The state board or the Charter Advisory Committee, if directed by the state board to do so, may mediate between the local board and a charter petitioner whose petition was denied to assist in resolving issues which led to denial of the petition by the local board."
SECTION 2-7. Said article is further amended by revising Code Section 20-2-2064.1, relating to review of charter by state board, as follows:
"20-2-2064.1. (a) Prior to approval or denial of a charter petition under this Code section, the state board shall receive and give all due consideration to the recommendation and input from the Charter Advisory Committee established in Code Section 20-2-2063.1. (b) The state board shall approve the charter of a charter petitioner if the petition has been approved by the local board of the local school system in which the proposed charter school will be located and the state board finds, after receiving input from the Charter Advisory Committee, that the petition complies with the rules, regulations, policies, and procedures promulgated in accordance with Code Section 20-2-2063 and the provisions of this title and is in the public interest. If the state board denies a petition, it must within 60 days specifically state the reasons for the denial, list all deficiencies with regard to Code Section 20-2-2063, and provide a written statement of the denial to the charter petitioner and to the local board. (b)(c) No application for a state chartered special school may be made to the state board by a petitioner for a conversion charter school that has been denied by a local board. Upon denial of a petition for a start-up charter school by a local board and upon application to the state board by the petitioner, the state board shall approve the charter of a start-up charter petitioner for a state chartered special school if the state board finds, after receiving input from the Charter Advisory Committee, that such petition meets the requirements set forth in Code Section 20-2-2063 and the provisions of this title, and is in the public interest."
SECTION 2-8. Said article is further amended by revising Code Section 20-2-2065, relating to operating requirements, control, and management, as follows:
"20-2-2065. (a) Except as provided in this article or in a charter, a charter school, or for charter systems, each school within the system, shall not be subject to the provisions of this title or any state or local rule, regulation, policy, or procedure relating to schools within an applicable school system regardless of whether such rule, regulation, policy, or procedure is established by the local board, the state board, or the Department of Education; provided, however, that the state board may establish rules, regulations, policies, or procedures consistent with this article relating to charter schools. A waiver

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granted pursuant to this Code section for a charter system shall apply to each system charter school within the system. In exchange for such a waiver, the charter school agrees to meet or exceed the performance based goals included in the charter and approved by the local board or, for the charter system, the system agrees to meet or exceed the system-wide performance based goals included in the charter and approved by the state board, including but not limited to raising student achievement. For a charter system, the charter shall delineate the performance based goals that the system and each school will be expected to meet as well as the criteria by which a system charter may be revoked in addition to those contained in Code Section 20-2-2068. (b) In determining whether to approve a charter petition or renew an existing charter, the local board and state board shall ensure that a charter school, or for charter systems, each school within the system, shall be:
(1) A public, nonsectarian, nonreligious, nonprofit school that is not home based, provided that a charter school's nonprofit status shall not prevent the school from contracting for the services of a for profit entity and that nothing in this Code section shall preclude the use of computer and Internet based instruction for students in a virtual or remote setting; (2) Subject to the control and management of the local board of the local school system in which the charter school is located, as provided in the charter and in a manner consistent with the Constitution, if a local charter school; (3) Subject to the supervision of the state board, as provided in the charter and in a manner consistent with the Constitution, if a state chartered special school; (4) Organized and operated as a nonprofit corporation under the laws of this state; provided, however, that this paragraph shall not apply to any charter petitioner that is a local school, local school system, or state or local public entity; (5) Subject to all federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; and the prevention of unlawful conduct; (6) Subject to all laws relating to unlawful conduct in or near a public school; (7) Subject to an annual financial audit conducted by the state auditor or, if specified in the charter, by an independent certified public accountant licensed in this state; (8) Subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, and such provisions shall apply with respect to charter schools whose charters are granted or renewed on or after July 1, 2000; (9) Subject to all reporting requirements of Code Section 20-2-160, subsection (e) of Code Section 20-2-161, Code Section 20-2-320, and Code Section 20-2-740; (10) Subject to the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133; and (11) Subject to the provisions of Code Section 20-2-1050 requiring a brief period of quiet reflection."

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SECTION 2-9. Said article is further amended in Code Section 20-2-2066, relating to admission, enrollment, and withdrawal of students, by adding a new subsection as follows:
"(b.1) A charter system shall enroll students in its system charter schools per the terms of the charter and in accordance with state board rules."
SECTION 2-10. Said article is further amended by revising Code Section 20-2-2067.1, relating to amendment of terms of charter for charter school, initial term of charter, and annual report, as follows:
"20-2-2067.1. (a) The terms of a charter for a local charter school may be amended during the term of the charter upon the approval of the local board, the state board, and the charter school. The terms of a charter for a state chartered special school may be amended during the term of the charter upon the approval of the state board and the charter school. The terms of a charter for a charter system may be amended during the term of the charter upon approval of the state board and the local board. (b) The initial term of a charter, except for a charter system, shall be for a minimum of five years, unless the petitioner shall request a shorter period of time, and shall not exceed ten years. The local board and the state board, in accordance with Code Section 20-2-2064.1, may renew a local charter, upon the request of the charter school, for the period of time specified in the request, not to exceed ten years. The state board may renew a state chartered special school, upon the request of the school, for the period of time specified in the request, not to exceed ten years. The initial term of a charter for a charter system shall not exceed five years. The state board may renew the charter of a charter system, upon the request of the local board, for the period of time specified in the request, not to exceed ten years. (c) A Each start-up and conversion charter school and each charter system shall submit an annual report outlining the previous year's progress to the authorizing local board or state board, as appropriate; to parents and guardians of students enrolled in the school, or, for a charter system, to parents and guardians of students enrolled in school within the local school system; and to the Department of Education no later than October 1 of each year. The report submitted by a charter system shall include, but not limited to, data on all of its system charter schools. The report shall contain, but is not limited to:
(1) An indication of progress toward the goals as included in the charter; (2) Academic data for the previous year, including state academic accountability data, such as standardized test scores and adequate yearly progress data; (3) Unaudited financial statements for the fiscal year ending on June 30, provided that audited statements will be forwarded to the local board and state board upon completion; (4) Updated contact information for the school and the administrator, and for charter systems, each system charter school and its respective administrator; (5) Proof of current nonprofit status, if applicable; and

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(6) Any other supplemental information that the charter school or charter system chooses to include or that the state board requests that demonstrates its that school or system's success; and (7) For charter systems, an on-site external evaluation of the system at least once every five years, as determined by the state board."
SECTION 2-11. Said chapter is further amended by revising Code Section 20-2-2068, relating to charter amendments and terminations, as follows:
"20-2-2068. (a) The state board may terminate a charter under the following circumstances:
(1)(A) If a majority of the parents or guardians of students enrolled at the charter school vote by a majority vote to request the termination of its charter at a public meeting called with two weeks' advance notice and for the purpose of deciding whether to request the state board to declare the charter null and void; or (B) If a majority of the faculty and instructional staff employed at the charter school vote by a majority vote to request the termination of its charter at a public meeting called with two weeks' advance notice and for the purpose of deciding whether to request the state board to declare the charter null and void; This paragraph shall not apply to system charter schools. (2) If, after providing reasonable notice to the charter school or charter system, as applicable, and an opportunity for a hearing, the state board finds: (A) A failure to comply with any recommendation or direction of the state board with respect to Code Section 20-14-41; (B) A failure to adhere to any material term of the charter, including but not limited to the performance goals set forth in the charter; (C) A failure to meet generally accepted standards of fiscal management; (D) A violation of applicable federal, state, or local laws or court orders; (E) The existence of competent substantial evidence that the continued operation of the charter school or charter system would be contrary to the best interests of the students or the community; or (F) A failure to comply with any provision of Code Section 20-2-2065; or (3) Upon the written request of a local board for termination of a charter for a local charter school located within its school system if, prior to making such request, the local board provided reasonable notice to the charter school and an opportunity for a hearing, and determined the existence of any of the grounds described in paragraph (2) of this Code section. (b) For a system charter school, if the school council or governing council, as applicable, at such school within the charter system requests that: (1) The system charter be terminated; or (2) The system charter be amended with respect to such system charter school; the state board, after providing reasonable notice to the charter system and the system charter school, shall conduct a hearing. Based on the findings of the hearing, the state

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board may enter into negotiations with the charter system to amend the charter to address the concerns of the requesting system charter school. If negotiations fail and the state board finds good cause, the state board shall be authorized to terminate the system charter or to amend the system charter with respect to the requesting system charter school; provided, however, that the local board shall be authorized to terminate the system charter if it is unwilling to accept the amendments to such charter by the state board. 'Good cause' includes but is not limited to a local board's failure to comply with its obligations and duties under the system charter, state board rules, or other applicable law, or other good cause as determined in the sole discretion of the state board."
SECTION 2-12. Said chapter is further amended in Code Section 20-2-2068.1, relating to application of the Quality Basic Education Formula, grants, local tax revenue, and funds from local bonds, by revising subsections (a) and (c) as follows:
"(a) A local charter school shall be included in the allotment of QBE formula earnings, applicable QBE grants, applicable non-QBE state grants, and applicable federal grants to the local school system in which the local charter school is located under Article 6 of this chapter. The local board and the state board shall treat a conversion charter school no less favorably than other local schools located within the applicable local school system unless otherwise provided by law. The local board and the state board shall treat a start-up charter school no less favorably than other local schools within the applicable local system with respect to the provision of funds for instruction, and school administration, and, where feasible, transportation, food services, and, where feasible, building programs." "(c) In addition to the earnings set out in subsection (b) of this Code section, local revenue shall be allocated to a local charter school on the same basis as for any local school in the local school system. In the case of a start-up charter school, local revenue earnings shall be calculated as follows:
(1) Determine the total amount of state and local five mill share funds earned by students enrolled in the local start-up charter school as calculated by the Quality Basic Education Formula pursuant to Part 4 of Article 6 of this chapter including any funds for psychologists and school social workers but excluding five percent of any systemwide funds for central administration and pupil transportation and excluding any categorical grants not applicable to the charter school; (2) Determine the total amount of state and local five mill share funds earned by all students in the public schools of the local school system, including any charter schools that receive local revenue, as calculated by the Quality Basic Education Formula but excluding categorical grants and other non-QBE formula grants; (3) Divide the amount obtained in paragraph (1) of this subsection by the amount obtained in paragraph (2) of this subsection; and (4) Multiply the quotient obtained in paragraph (3) of this subsection by the school system's local revenue.

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The product obtained in paragraph (4) of this subsection shall be the amount of local funds to be distributed to the local start-up charter school by the local board; provided, however, that nothing in this subsection shall preclude a charter petitioner and a local board of education from specifying in the charter a greater amount of local funds to be provided by the local board to the local start-up charter school if agreed upon by all parties to the charter. Local funds so earned shall be distributed to the local start-up charter school by the local board. Where feasible and where services are provided, funds for transportation, food service programs, and construction projects shall also be distributed to the local start-up charter school as earned. In all other fiscal matters, including applicable federal allotments, the local board shall treat the local start-up charter school no less favorably than other local schools located within the applicable school system and shall calculate and distribute the funding for the start-up charter school on the basis of its actual or projected enrollment in the current school year according to an enrollment counting procedure or projection method stipulated in the terms of the charter."
SECTION 2-13. Said chapter is further amended in Code Section 20-2-2068.1, relating to application of the Quality Basic Education Formula, grants, local tax revenue, and funds from local bonds, by adding a new subsection to read as follows:
"(h) For system charter schools, funds including federal, state, and local revenue shall be distributed to each such school by the charter system in a manner and in such amounts as are provided in the terms of the charter with an objective of maximizing spending at the school level."
SECTION 2-14. Said chapter is further amended by revising Code Section 20-2-2069, relating to the Office of Charter School Compliance, as follows:
"20-2-2069. There is established within the Department of Education an Office of Charter School Compliance, the responsibilities of which shall be to:
(1) Prepare charter school and charter system guidelines to be approved by the state board; (2) Distribute charter school and charter system petition information to inquiring parties; (3) Process all charter school and charter system petitions and coordinate with the Charter Advisory Committee established pursuant to Code Section 20-2-2063.1 to facilitate its review and recommendations to the state board for consideration by the state board; (4) Administer any state or federal charter school implementation grant program;

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(5) Contract with an independent party to evaluate the performance of charter schools and charter systems, as such performance relates to fulfilling the terms of their charters; and (6) Compile information necessary to produce the annual report required by Code Section 20-2-2070."

PART III SECTION 3-1. All laws and parts of laws in conflict with this Act are repealed.

The Speaker moved that the rule requiring Conference Committee Reports to lay on the desks for one hour be waived for HB 208.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam N Abrams
Amerson Ashe Y Barnard Y Bearden N Beasley-Teague N Benfield Y Benton Y Black Y Bridges N Brooks N Bruce Y Bryant N Buckner Y Burkhalter Y Burns Y Butler N Byrd N Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M N Crawford, R N Davis, H Y Davis, S Day

Y Dempsey Y Dickson Y Dollar Y Drenner N Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming
Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin N Frazier Y Freeman
Gardner Y Geisinger N Glanton Y Golick N Gordon Y Graves N Greene Y Hamilton N Hanner
Harbin N Hatfield Y Heard, J N Heard, K
Heckstall Y Hembree N Henson N Hill, C Y Hill, C.A N Holmes

Y Holt Y Horne Y Houston N Howard E Hudson N Hugley
Jackson Y Jacobs N James Y Jamieson N Jenkins Y Jerguson N Johnson, C E Johnson, T Y Jones, J N Jones, S N Jordan
Kaiser Y Keen Y Keown Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey N Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham E Manning N Marin

Y Martin E Maxwell Y May
McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell E Morgan Y Morris N Mosby Y Mumford N Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake N Porter N Powell Y Pruett Y Ralston N Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

Y Scott, M Y Sellier Y Setzler N Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre N Stanley-Turner N Starr Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M
Thomas, B Y Tumlin Y Walker N Watson Y Wilkinson Y Willard N Williams, A
Williams, E Y Williams, M Y Williams, R N Wix
Yates Richardson, Speaker

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On the motion, the ayes were 105, nays 53.

The motion was lost.

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 39.

By Senators Weber of the 40th, Moody of the 56th, Williams of the 19th, Tarver of the 22nd, Carter of the 13th and others:

A BILL to be entitled an Act to amend Article 31 of Chapter 2 of Title 20 of the O.C.G.A., relating to charter schools, so as to enact the 'Charter Systems Act'; to provide for legislative findings; to provide for the establishment of charter systems; to revise and add definitions; to provide for the establishment of the Charter Advisory Committee; to provide for requirements for petitions for charter systems; to revise certain provisions relating to the approval or denial of a charter petition; to revise certain provisions relating to the review of charters; to provide for terms and renewals of charter systems; to provide for waivers and operating requirements, control, and management for charter systems; to provide for termination of charter systems; to revise provisions for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read:

A BILL

To amend Article 31 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to charter schools, so as to enact the "Charter Systems Act"; to provide for legislative findings; to provide for the establishment of charter systems; to revise and add definitions; to provide for the establishment of the Charter Advisory Committee; to provide for requirements for petitions for charter systems; to revise certain provisions relating to the approval or denial of a charter petition; to revise certain provisions relating to the review of charters; to provide for terms and renewals of charter systems; to provide for waivers and operating requirements, control, and management for charter systems; to provide for termination of charter systems; to revise certain provisions relative to funding of charter schools; to change certain provisions relative to the Office of Charter School Compliance; to revise provisions for purposes of conformity; 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:

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SECTION 1. This Act shall be known and may be cited as the "Charter Systems Act."
SECTION 2. The General Assembly finds that schools and school systems should be given high flexibility to tailor their educational programs to meet the unique needs of their communities. In furtherance of this, schools and school systems should be encouraged to use innovative educational programs including local management of schools and should be provided resources to help design and implement innovative programs. The General Assembly further finds that schools and school systems shall be held accountable for student achievement.
SECTION 3. Article 31 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Charter Schools Act of 1998," is amended in Code Section 20-2-2062, relating to definitions, by revising paragraphs (1), (2), (8), and (11), by renumbering paragraph (5.1), and by inserting new paragraphs (3.1), (5.1), (12.1), and (17), as follows:
"(1) 'Charter' means a performance based contract between a local board and a charter petitioner, the terms of which are approved by the local board and by the state board in the case of a local charter school, or between the state board and a charter petitioner, the terms of which are approved by the state board in the case of a state chartered special school, or between a local board and the state board, the terms of which are approved by the state board in the case of a charter system. by entering into a charter, a charter petitioner and local board shall be deemed to have agreed to be bound to all the provisions of this article as if such terms were set forth in the charter." "(2) 'Charter petitioner' means a local school, local board of education, private individual, private organization, or state or local public entity that submits a petition for a charter. The term 'charter petitioner' does not include home study programs or schools, sectarian schools, religious schools, private for profit schools, private educational institutions not established, operated, or governed by the State of Georgia, or existing private schools." "(3.1) 'Charter system' means a local school system that is operating under the terms of a charter pursuant to Code Section 20-2-2063.1." "(5.1) 'Governing council' means a school level council of parents, teachers, administrators, and others who are involved in school level governance within a charter system. (5.1)(5.2) 'High school cluster' means a high school and all of the middle and elementary schools which contain students who matriculate to such high school. The schools in a high school cluster may include charter schools, local schools, or a combination of both." "(8) 'Local revenue' means local taxes budgeted for school purposes in excess of the local five mill share, combined with any applicable equalization grant and budgeted

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revenues from any of the following: investment earnings, unrestricted donations, and the sale of surplus property; but exclusive of revenue from bonds issued for capital projects, revenue to pay debt service on such bonds, and local option sales tax for capital projects, and budgeted school food service program costs. Nothing in this paragraph shall be construed to prevent a local board from including a local charter school in projects specified in the ballot language of a local option sales tax or bond referendum." "(11) 'Petition' means a proposal to establish a charter school or a charter system." "(12.1) 'School level governance' means decision-making authority in personnel decisions, financial decisions, curriculum and instruction, resource allocation, establishing and monitoring the achievement of school improvement goals, and school operations." "(17) 'System charter school' means a school within a charter system."
SECTION 4. Said article is further amended in Code Section 20-2-2063, relating to minimum requirements for charter petitions, by adding a new subsection to the end of such Code section as follows:
"(d) The State Board of Education shall establish rules, regulations, policies, and procedures to provide for a charter petition from a local school system to establish a charter system. Such rules, regulations, policies, and procedures shall require that a charter petition and the charter contain an explanation of the structure, rights, and responsibilities of the principal, governing council, and local board of education of the system charter school, with an objective of maximizing school level governance and the involvement of parents, teachers, and community members in such governance."
SECTION 5. Said article is further amended by adding new Code sections as follows:
"20-2-2063.1. (a) The state board shall establish a Charter Advisory Committee to review charter petitions for compliance with established standards of the state board, to make recommendations to the state board on charter policy, and to provide recommendations to the state board regarding charter petitions. The committee shall be composed of nine members as follows:
(1) Three members appointed by the chairperson of the state board; (2) Three members appointed by the Lieutenant Governor; and (3) Three members appointed by the Speaker of the House of Representatives. All members shall serve at the pleasure of their respective appointing officials. The committee shall elect a chairperson from among its membership. (b) The committee shall conduct itself in accordance with any rules and guidelines established by the state board with regard to timeframes, procedures, and protocol. (c) The committee shall be authorized to request clarifying information from a charter petitioner and to receive input from interested parties on a charter petition.

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(d) The committee shall: (1) Make recommendations to the state board of approval or denial on each charter petition and shall specify the reasons for such recommendations; and (2) Periodically make recommendations to the state board regarding charter policy; (3) Make recommendations to the state board on the disbursement of planning grants for charter systems, if funds are made available.
(e) The committee shall be authorized to enter into contracts, subject to available funding, with one or more consultants to assist the committee in its duties and if directed to do so by the committee, to do the following:
(1) Assist charter petitioners in the drafting of their petitions; (2) Assist charter petitioners in the design and implementation of innovative education programs and school level governance based on research, model programs, or other credible information; (3) Monitor and assist charter schools and charter systems; and (4) Perform any other functions related to the support of the committee. (f) The committee shall work in cooperation with the Office of Charter School Compliance, as established pursuant to Code Section 20-2-2069. (g) The members of the committee shall receive no compensation for their services but shall be reimbursed for actual and necessary expenses incurred by them in carrying out their duties. (h) The committee shall be assigned to the Department of Education for administrative purposes only, as prescribed in Code Section 50-4-3.
20-2-2063.2. (a) The state board shall be authorized to enter into a charter with a local board to establish a local school system as a charter system. (b) A local board seeking to create a charter system must submit a petition to the state board. Prior to submitting such petition, the local board shall:
(1) Adopt a resolution approving the proposed charter system petition; (2) Conduct at least two public hearings and provide notice of the hearings in the same manner as other legal notices of the local board; and (3) Send a notice to each principal within the local school system of the hearings with instructions that each school shall distribute the notice to faculty and instructional staff members and to the parent or guardian of each student enrolled in the school. The local board may revise its proposed charter system petition, upon resolution, as a result of testimony at the public hearings or for other purposes. (c) Prior to approval or denial of a charter petition for a charter system, the state board shall receive and give all due consideration to the recommendation and input from the Charter Advisory Committee established in Code Section 20-2-2063.1. The state board shall approve the charter if the state board finds, after receiving input from the Charter Advisory Committee, that the petition complies with the rules, regulations, policies, and procedures promulgated pursuant to Code Section 20-2-2063 and the provisions of this title, is in the public interest, and promotes school level governance.

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(d) All schools within an approved charter system shall be system charter schools except as otherwise provided in subsections (f) and (g) of this Code section.
(e)(1) Subject to appropriations by the General Assembly or other available funding, the state board, after receiving input and recommendations from the Charter Advisory Committee, shall disburse planning grants to local school systems which desire to become charter systems. Such grants will be disbursed in accordance with any applicable guidelines, policies, and requirements established by the state board. (2) Subject to specific appropriations by the General Assembly for this purpose, the state board shall disburse implementation grants in the amount of $125,000.00 or such other amount as determined by the state board to each charter system. The state board shall be authorized to approve up to five petitions for charter systems during fiscal year 2008, and may approve up to a maximum number of petitions in following years as may be established pursuant to board rules and as subject to availability of funding for implementation grants. (f) A system charter school shall not be precluded from petitioning to become a conversion charter school, in accordance with Code Section 20-2-2064, not subject to the terms of the system charter. In the event a system charter school becomes a conversion charter school, the system charter shall be amended to reflect that such school is no longer bound by the system charter. (g) An existing conversion or start-up charter school within a local school system which is petitioning to become a charter system shall have the option of continuing under its own existing charter, not subject to the terms of the system charter, or of terminating its existing charter, upon agreement by the local board and state board, and becoming subject to the system charter as a charter system school."
SECTION 6. Said article is further amended by revising Code Section 20-2-2064, relating to approval or denial of petition, as follows:
"20-2-2064. (a) A charter petitioner seeking to create a conversion charter school must submit a petition to the local board of the local school system in which the proposed charter school will be located. The local board must by a majority vote approve or deny a petition no later than 60 days after its submission unless the petitioner requests an extension; provided, however, that a denial of a petition by a local board shall not preclude the submission to the local board of a revised petition that addresses deficiencies cited in the denial; and provided, further, that the local board shall not act upon a petition for a conversion charter school until such petition:
(1) Has been freely agreed to, by secret ballot, by a majority of the faculty and instructional staff members of the petitioning local school at a public meeting called with two weeks' advance notice for the purpose of deciding whether to submit the petition to the local board for its approval; and (2) Has been freely agreed to, by secret ballot, by a majority of parents or guardians of students enrolled in the petitioning local school present at a public meeting called

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with two weeks' advance notice for the purpose of deciding whether to submit the petition to the local board for its approval. This subsection shall not apply to a system charter school petitioning to be a conversion charter school. (b) A charter petitioner seeking to create a start-up charter school must submit a petition to the local board of the local school system in which the proposed charter school will be located. The local board must by a majority vote approve or deny a petition no later than 60 days after its submission unless the petitioner requests an extension. A denial of a petition by a local board shall not preclude the submission to the local board of a revised petition that addresses deficiencies cited in the denial. (c) A system charter school's school council or governing council, as applicable, may petition to become a conversion charter school. The petition shall be submitted to the local board of the charter system in which the school is located. The local board must by a majority vote approve or deny a petition no later than 60 days after its submission unless the petitioner requests an extension; provided, however, that a denial of a petition by a local board shall not preclude the submission to the local board of a revised petition that addresses deficiencies cited in the denial. (c)(d) A local board shall approve a petition that complies with the rules, regulations, policies, and procedures promulgated in accordance with Code Section 20-2-2063 and the provisions of this title and is in the public interest. If a local board denies a petition, it must within 60 days specifically state the reasons for the denial, list all deficiencies with respect to Code Section 20-2-2063, and provide a written statement of the denial to the charter petitioner and the state board. (d)(e) The state board or the Charter Advisory Committee, if directed by the state board to do so, may mediate between the local board and a charter petitioner whose petition was denied to assist in resolving issues which led to denial of the petition by the local board."
SECTION 7. Said article is further amended by revising Code Section 20-2-2064.1, relating to review of charter by state board, as follows:
"20-2-2064.1. (a) Prior to approval or denial of a charter petition under this Code section, the state board shall receive and give all due consideration to the recommendation and input from the Charter Advisory Committee established in Code Section 20-2-2063.1. (b) The state board shall approve the charter of a charter petitioner if the petition has been approved by the local board of the local school system in which the proposed charter school will be located and the state board finds, after receiving input from the Charter Advisory Committee, that the petition complies with the rules, regulations, policies, and procedures promulgated in accordance with Code Section 20-2-2063 and the provisions of this title and is in the public interest. If the state board denies a petition, it must within 60 days specifically state the reasons for the denial, list all

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deficiencies with regard to Code Section 20-2-2063, and provide a written statement of the denial to the charter petitioner and to the local board. (b)(c) No application for a state chartered special school may be made to the state board by a petitioner for a conversion charter school that has been denied by a local board. Upon denial of a petition for a start-up charter school by a local board and upon application to the state board by the petitioner, the state board shall approve the charter of a start-up charter petitioner for a state chartered special school if the state board finds, after receiving input from the Charter Advisory Committee, that such petition meets the requirements set forth in Code Section 20-2-2063 and the provisions of this title, and is in the public interest."
SECTION 8. Said article is further amended by revising Code Section 20-2-2065, relating to operating requirements, control, and management, as follows:
"20-2-2065. (a) Except as provided in this article or in a charter, a charter school, or for charter systems, each school within the system, shall not be subject to the provisions of this title or any state or local rule, regulation, policy, or procedure relating to schools within an applicable school system regardless of whether such rule, regulation, policy, or procedure is established by the local board, the state board, or the Department of Education; provided, however, that the state board may establish rules, regulations, policies, or procedures consistent with this article relating to charter schools. A waiver granted pursuant to this Code section for a charter system shall apply to each system charter school within the system. In exchange for such a waiver, the charter school agrees to meet or exceed the performance based goals included in the charter and approved by the local board or, for the charter system, the system agrees to meet or exceed the system-wide performance based goals included in the charter and approved by the state board, including but not limited to raising student achievement. For a charter system, the charter shall delineate the performance based goals that the system and each school will be expected to meet as well as the criteria by which a system charter may be revoked in addition to those contained in Code Section 20-2-2068. (b) In determining whether to approve a charter petition or renew an existing charter, the local board and state board shall ensure that a charter school, or for charter systems, each school within the system, shall be:
(1) A public, nonsectarian, nonreligious, nonprofit school that is not home based, provided that a charter school's nonprofit status shall not prevent the school from contracting for the services of a for profit entity and that nothing in this Code section shall preclude the use of computer and Internet based instruction for students in a virtual or remote setting; (2) Subject to the control and management of the local board of the local school system in which the charter school is located, as provided in the charter and in a manner consistent with the Constitution, if a local charter school;

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(3) Subject to the supervision of the state board, as provided in the charter and in a manner consistent with the Constitution, if a state chartered special school; (4) Organized and operated as a nonprofit corporation under the laws of this state; provided, however, that this paragraph shall not apply to any charter petitioner that is a local school, local school system, or state or local public entity; (5) Subject to all federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; and the prevention of unlawful conduct; (6) Subject to all laws relating to unlawful conduct in or near a public school; (7) Subject to an annual financial audit conducted by the state auditor or, if specified in the charter, by an independent certified public accountant licensed in this state; (8) Subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, and such provisions shall apply with respect to charter schools whose charters are granted or renewed on or after July 1, 2000; (9) Subject to all reporting requirements of Code Section 20-2-160, subsection (e) of Code Section 20-2-161, Code Section 20-2-320, and Code Section 20-2-740; (10) Subject to the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133; and (11) Subject to the provisions of Code Section 20-2-1050 requiring a brief period of quiet reflection."
SECTION 9. Said article is further amended in Code Section 20-2-2066, relating to admission, enrollment, and withdrawal of students, by adding a new subsection as follows:
"(b.1) A charter system shall enroll students in its system charter schools per the terms of the charter and in accordance with state board rules."
SECTION 10. Said article is further amended by revising Code Section 20-2-2067.1, relating to amendment of terms of charter for charter school, initial term of charter, and annual report, as follows:
"20-2-2067.1. (a) The terms of a charter for a local charter school may be amended during the term of the charter upon the approval of the local board, the state board, and the charter school. The terms of a charter for a state chartered special school may be amended during the term of the charter upon the approval of the state board and the charter school. The terms of a charter for a charter system may be amended during the term of the charter upon approval of the state board and the local board. (b) The initial term of a charter, except for a charter system, shall be for a minimum of five years, unless the petitioner shall request a shorter period of time, and shall not exceed ten years. The local board and the state board, in accordance with Code Section 20-2-2064.1, may renew a local charter, upon the request of the charter school, for the

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period of time specified in the request, not to exceed ten years. The state board may renew a state chartered special school, upon the request of the school, for the period of time specified in the request, not to exceed ten years. The initial term of a charter for a charter system shall not exceed five years. The state board may renew the charter of a charter system, upon the request of the local board, for the period of time specified in the request, not to exceed ten years. (c) A Each start-up and conversion charter school and each charter system shall submit an annual report outlining the previous year's progress to the authorizing local board or state board, as appropriate; to parents and guardians of students enrolled in the school, or, for a charter system, to parents and guardians of students enrolled in school within the local school system; and to the Department of Education no later than October 1 of each year. The report submitted by a charter system shall include, but not limited to, data on all of its system charter schools. The report shall contain, but is not limited to:
(1) An indication of progress toward the goals as included in the charter; (2) Academic data for the previous year, including state academic accountability data, such as standardized test scores and adequate yearly progress data; (3) Unaudited financial statements for the fiscal year ending on June 30, provided that audited statements will be forwarded to the local board and state board upon completion; (4) Updated contact information for the school and the administrator, and for charter systems, each system charter school and its respective administrator; (5) Proof of current nonprofit status, if applicable; and (6) Any other supplemental information that the charter school or charter system chooses to include or that the state board requests that demonstrates its that school or system's success; and (7) For charter systems, an on-site external evaluation of the system at least once every five years, as determined by the state board."
SECTION 11. Said chapter is further amended by revising Code Section 20-2-2068, relating to charter amendments and terminations, as follows:
"20-2-2068. (a) The state board may terminate a charter under the following circumstances:
(1)(A) If a majority of the parents or guardians of students enrolled at the charter school vote by a majority vote to request the termination of its charter at a public meeting called with two weeks' advance notice and for the purpose of deciding whether to request the state board to declare the charter null and void; or (B) If a majority of the faculty and instructional staff employed at the charter school vote by a majority vote to request the termination of its charter at a public meeting called with two weeks' advance notice and for the purpose of deciding whether to request the state board to declare the charter null and void; This paragraph shall not apply to system charter schools.

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(2) If, after providing reasonable notice to the charter school or charter system, as applicable, and an opportunity for a hearing, the state board finds:
(A) A failure to comply with any recommendation or direction of the state board with respect to Code Section 20-14-41; (B) A failure to adhere to any material term of the charter, including but not limited to the performance goals set forth in the charter; (C) A failure to meet generally accepted standards of fiscal management; (D) A violation of applicable federal, state, or local laws or court orders; (E) The existence of competent substantial evidence that the continued operation of the charter school or charter system would be contrary to the best interests of the students or the community; or (F) A failure to comply with any provision of Code Section 20-2-2065; or (3) Upon the written request of a local board for termination of a charter for a local charter school located within its school system if, prior to making such request, the local board provided reasonable notice to the charter school and an opportunity for a hearing, and determined the existence of any of the grounds described in paragraph (2) of this Code section. (b) For a system charter school, if the school council or governing council, as applicable, at such school within the charter system requests that: (1) The system charter be terminated; or (2) The system charter be amended with respect to such system charter school; the state board, after providing reasonable notice to the charter system and the system charter school, shall conduct a hearing. Based on the findings of the hearing, the state board may enter into negotiations with the charter system to amend the charter to address the concerns of the requesting system charter school. If negotiations fail and the state board finds good cause, the state board shall be authorized to terminate the system charter or to amend the system charter with respect to the requesting system charter school; provided, however, that the local board shall be authorized to terminate the system charter if it is unwilling to accept the amendments to such charter by the state board. 'Good cause' includes but is not limited to a local board's failure to comply with its obligations and duties under the system charter, state board rules, or other applicable law, or other good cause as determined in the sole discretion of the state board."
SECTION 12. Said chapter is further amended in Code Section 20-2-2068.1, relating to application of the Quality Basic Education Formula, grants, local tax revenue, and funds from local bonds, by revising subsections (a) and (c) as follows:
"(a) A local charter school shall be included in the allotment of QBE formula earnings, applicable QBE grants, applicable non-QBE state grants, and applicable federal grants to the local school system in which the local charter school is located under Article 6 of this chapter. The local board and the state board shall treat a conversion charter school no less favorably than other local schools located within the applicable local school

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system unless otherwise provided by law. The local board and the state board shall treat a start-up charter school no less favorably than other local schools within the applicable local system with respect to the provision of funds for instruction, and school administration, and, where feasible, transportation, food services, and, where feasible, building programs." "(c) In addition to the earnings set out in subsection (b) of this Code section, local revenue shall be allocated to a local charter school on the same basis as for any local school in the local school system. In the case of a start-up charter school, local revenue earnings shall be calculated as follows:
(1) Determine the total amount of state and local five mill share funds earned by students enrolled in the local start-up charter school as calculated by the Quality Basic Education Formula pursuant to Part 4 of Article 6 of this chapter including any funds for psychologists and school social workers but excluding five percent of any systemwide funds for central administration and pupil transportation and excluding any categorical grants not applicable to the charter school; (2) Determine the total amount of state and local five mill share funds earned by all students in the public schools of the local school system, including any charter schools that receive local revenue, as calculated by the Quality Basic Education Formula but excluding categorical grants and other non-QBE formula grants; (3) Divide the amount obtained in paragraph (1) of this subsection by the amount obtained in paragraph (2) of this subsection; and (4) Multiply the quotient obtained in paragraph (3) of this subsection by the school system's local revenue. The product obtained in paragraph (4) of this subsection shall be the amount of local funds to be distributed to the local start-up charter school by the local board; provided, however, that nothing in this subsection shall preclude a charter petitioner and a local board of education from specifying in the charter a greater amount of local funds to be provided by the local board to the local start-up charter school if agreed upon by all parties to the charter. Local funds so earned shall be distributed to the local start-up charter school by the local board. Where feasible and where services are provided, funds for transportation, food service programs, and construction projects shall also be distributed to the local start-up charter school as earned. In all other fiscal matters, including applicable federal allotments, the local board shall treat the local start-up charter school no less favorably than other local schools located within the applicable school system and shall calculate and distribute the funding for the start-up charter school on the basis of its actual or projected enrollment in the current school year according to an enrollment counting procedure or projection method stipulated in the terms of the charter."
SECTION 13. Said chapter is further amended in Code Section 20-2-2068.1, relating to application of the Quality Basic Education Formula, grants, local tax revenue, and funds from local bonds, by

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adding a new subsection to read as follows: "(h) For system charter schools, funds including federal, state, and local revenue shall be distributed to each such school by the charter system in a manner and in such amounts as are provided in the terms of the charter with an objective of maximizing spending at the school level."

SECTION 14. Said chapter is further amended by revising Code Section 20-2-2069, relating to the Office of Charter School Compliance, as follows:
"20-2-2069. There is established within the Department of Education an Office of Charter School Compliance, the responsibilities of which shall be to:
(1) Prepare charter school and charter system guidelines to be approved by the state board; (2) Distribute charter school and charter system petition information to inquiring parties; (3) Process all charter school and charter system petitions and coordinate with the Charter Advisory Committee established pursuant to Code Section 20-2-2063.1 to facilitate its review and recommendations to the state board for consideration by the state board; (4) Administer any state or federal charter school implementation grant program; (5) Contract with an independent party to evaluate the performance of charter schools and charter systems, as such performance relates to fulfilling the terms of their charters; and (6) Compile information necessary to produce the annual report required by Code Section 20-2-2070."

SECTION 15. (a) Section 12 of this Act shall become effective on July 1, 2008 and shall apply beginning in the 2008-2009 school year and every year thereafter; provided, however, local school systems shall plan for such changes to the law pursuant to Section 12 of this Act and take all necessary measures with regard to budgeting prior to such effective date. (b) All other sections of this bill shall be effective July 1, 2007.

SECTION 16. All laws and parts of laws in conflict with this Act are repealed.

On the ordering of the previous question, the roll call was ordered, and the vote was as follows:

Abdul-Salaam N Abrams Y Amerson

Y Dempsey Y Dickson Y Dollar

Y Holt Y Horne Y Houston

Y Martin E Maxwell Y May

Y Scott, M Y Sellier Y Setzler

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Ashe Y Barnard Y Bearden N Beasley-Teague N Benfield Y Benton Y Black
Bridges N Brooks
Bruce Y Bryant N Buckner Y Burkhalter Y Burns Y Butler N Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M N Crawford, R N Davis, H Y Davis, S Y Day

Drenner N Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming
Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin
Frazier Y Freeman
Gardner Y Geisinger N Glanton Y Golick N Gordon Y Graves Y Greene Y Hamilton N Hanner
Harbin N Hatfield Y Heard, J N Heard, K
Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holmes

N Howard E Hudson N Hugley
Jackson Y Jacobs N James Y Jamieson Y Jenkins Y Jerguson N Johnson, C E Johnson, T Y Jones, J N Jones, S N Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox N Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey
Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham E Manning Y Marin

Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell E Morgan Y Morris N Mosby Y Mumford N Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake N Porter Y Powell Y Pruett Y Ralston N Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

N Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner N Starr Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M
Thomas, B Y Tumlin Y Walker N Watson Y Wilkinson Y Willard N Williams, A
Williams, E Y Williams, M Y Williams, R N Wix Y Yates
Richardson, Speaker

On the motion, the ayes were 113, nays 46.

The motion prevailed.

The Committee substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard

Y Dempsey Y Dickson Y Dollar Y Drenner N Dukes

Y Holt Y Horne Y Houston Y Howard E Hudson

Y Martin E Maxwell Y May Y McCall Y McKillip

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon

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Y Bearden N Beasley-Teague Y Benfield Y Benton Y Black
Bridges N Brooks Y Bruce Y Bryant
Buckner Y Burkhalter Y Burns Y Butler N Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford, M Y Crawford, R Y Davis, H Y Davis, S Y Day

Y Ehrhart Y England
Epps Y Everson Y Fleming
Floyd, H Y Floyd, J
Fludd Y Forster
Franklin Y Frazier Y Freeman
Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
Harbin N Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A
Holmes

Hugley Jackson Y Jacobs N James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Jones, S N Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Lakly Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham E Manning Y Marin

Y Meadows Y Millar Y Mills N Mitchell E Morgan Y Morris N Mosby Y Mumford N Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston N Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders
Sailor Y Scott, A

N Shipp Y Sims, B Y Sims, C Y Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner N Starr Y Stephens N Stephenson Y Talton Y Teilhet Y Thomas, A.M
Thomas, B Y Tumlin Y Walker N Watson Y Wilkinson Y Willard N Williams, A
Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 136, nays 19.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

By unanimous consent, SB 39 was ordered immediately transmitted to the Senate.

By unanimous consent, all Bills and Resolutions on the General Calendar were recommitted to the Committee from whence they came.

The following message was received from the Senate through Mr. Ewing, the Secretary thereof:

Mr. Speaker:

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The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 408. By Representative Knox of the 24th:
A BILL to be entitled an Act to amend Code Section 33-41-20 of the Official Code of Georgia Annotated, relating to exclusion from insolvency funds, so as to provide for an exception for companies that have reorganized under Chapter 13A of Title 33; to provide for certain contingency and effective dates; to repeal conflicting laws; and for other purposes.
HB 433. By Representatives Sellier of the 136th, McCall of the 30th, England of the 108th, Maddox of the 172nd and Roberts of the 154th:
A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to meat, poultry, and dairy processing plants, so as to change certain provisions relating to licenses for meat and dairy processing plants, fees, term of validity, revocation or suspension, and notice and hearing; to change certain provisions relating to licenses for poultry processing plants, fees, display at place of business, transferability, suspension or revocation, notice and hearing, and registration; to repeal conflicting laws; and for other purposes.
HB 488. By Representatives Knight of the 126th and Crawford of the 127th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Milner, approved April 25, 1969 (Ga. L. 1969, p. 3475), as amended, so as to change certain provisions relating to the election of mayor and councilmembers; to change the term of office for the mayor and councilmembers; to clarify the manner by which a quorum is defined; to repeal conflicting laws; and for other purposes.
HB 539. By Representatives Ehrhart of the 36th, Johnson of the 37th, Manning of the 32nd, Cooper of the 41st, Franklin of the 43rd 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 revise 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.

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HB 618. By Representatives Fludd of the 66th and Beasley-Teague of the 65th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Union City ad valorem taxes for municipal purposes in the amount of $25,000.00 of the assessed value of the homestead for residents of that city 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 homestead exemption from City of Union City ad valorem taxes for municipal purposes in the amount of $2,000.00 of the assessed value of the homestead for residents of that city who are 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 referendums, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
HB 685. By Representatives Frazier 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 May 5, 2006 (Ga. L. 2006, p. 4454), 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 687. By Representatives Chambers of the 81st and Jacobs of the 80th:
A BILL to be entitled an Act to amend an Act entitled the "Unincorporated DeKalb County Community Improvement District Act of 1998," approved April 2, 1998 (Ga. L. 1998, p. 4228), as amended by an Act approved January 7, 1999 (Ga. L. 1999, p. 4805), and amended by an Act approved April 1, 2005 (Ga. L. 2005, p. 3507), so as to redefine a certain term; to repeal conflicting laws; and for other purposes.
HB 701. By Representatives Tumlin of the 38th, Ehrhart of the 36th, Parsons of the 42nd, Jones of the 44th, Golick of the 34th 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.

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HB 708. By Representatives Maxwell of the 17th and Richardson of the 19th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Dallas in Paulding County, approved March 24, 1988 (Ga. L. 1988, p. 4121), as amended, so as to repeal provisions relating to the chief executive officer, city clerk, police chief, and removal of the city clerk or police chief; to provide for powers and duties of the mayor; to provide for administrative responsibilities of the city manager; to provide for the removal of the city manager; to provide for the appointment of a temporary city manager; to provide for duties and powers of the city manager; to repeal conflicting laws; and for other purposes.
HB 733. By Representatives Willard of the 49th, Bruce of the 64th, Fludd of the 66th, Geisinger of the 48th, Rice of the 51st and others:
A BILL to be entitled an Act to amend an Act providing for the number of members and for the election of members of the Board of Education of Fulton County, approved February 10, 1984 (Ga. L. 1984, p. 3591), as amended, so as to provide for salaries for the members of such board; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 734. By Representatives Willard of the 49th, Wilkinson of the 52nd, StanleyTurner of the 53rd, Kaiser of the 59th, Lindsey of the 54th and others:
A BILL to be entitled an Act to amend an Act creating one or more community improvement districts in unincorporated Fulton County and within each municipality therein, approved April 3, 1987 (Ga. L. 1987, p. 5460), as amended by an Act approved April 2, 1998 (Ga. L. 1998, p. 4065), and amended by an Act approved April 28, 2001 (Ga. L. 2001, p. 4556), so as to redefine a certain term; to repeal conflicting laws; and for other purposes.
HB 749. By Representative Reese of the 98th:
A BILL to be entitled an Act to authorize the City of Sugar Hill 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 763. By Representative Morris of the 155th:

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A BILL to be entitled an Act to amend an Act providing a new charter for the City of Soperton, approved March 14, 1984 (Ga. L. 1984, p. 4212), as amended, particularly by an Act approved March 15, 2004 (Ga. L. 2004, p. 3863), so as to annex certain tracts or parcels of land into the City of Soperton and to change the description of the council districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 769. By Representative Sheldon of the 105th:
A BILL to be entitled an Act to authorize the City of Dacula 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 771. By Representative Maxwell of the 17th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Buchanan ad valorem taxes for municipal purposes in the amount of $35,000.00 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 772. By Representatives Richardson of the 19th and Maxwell of the 17th:
A BILL to be entitled an Act to create the Paulding County Facilities and Technology Authority and to provide for the appointment of members of the authority and the general purpose of the authority; to define terms; 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 fix and provide the venue and

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jurisdiction of actions relating to any provisions of this Act; to provide for the validation of bonds; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 773. By Representatives Richardson of the 19th and Maxwell of the 17th:
A BILL to be entitled an Act to create a board of elections and registration for Paulding 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.
HB 780. By Representatives Manning of the 32nd, Parsons of the 42nd, Tumlin of the 38th, Franklin of the 43rd, Setzler of the 35th 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 1, 2006 (Ga. L. 2006, p. 3990), 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 786. By Representative Crawford of the 16th:
A BILL to be entitled an Act to amend an Act providing a new Board of Education for Polk County, approved March 28, 1985 (Ga. L. 1985, p. 4985), as amended, particularly by an Act approved April 21, 1997 (Ga. L. 1997, p. 4220), so as to provide the compensation and expenses of the members of the board of education; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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HB 787. By Representative Crawford of the 16th:
A BILL to be entitled an Act to amend an Act creating the Polk County Water Authority, approved April 14, 1967 (Ga. L. 1967, p. 3108), as amended, particularly by an Act approved January 25, 1994 (Ga. L. 1994, p. 3876), so as to change certain provisions relating to the reappointment and taking of office of members of the Authority; to repeal conflicting laws; and for other purposes.
HB 792. By Representatives Hill of the 21st, Jerguson of the 22nd, Hamilton of the 23rd and Byrd of the 20th:
A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in the City of Canton; 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 repeal conflicting laws; and for other purposes.
HB 805. By Representative Maxwell of the 17th:
A BILL to be entitled an Act to provide a new charter for the City of Buchanan; 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, conflicts of interest, suspension, 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; to provide for the office of mayor and mayor pro tempore and certain duties and powers relative thereto; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, and other personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for severability; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 806. By Representatives Hatfield of the 177th and Williams of the 178th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as

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amended, so as to change the corporate limits of such city; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 807. By Representatives England of the 108th and Sheldon of the 105th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Auburn, approved February 17, 1949 (Ga. L. 1949, p. 807), as amended, particularly by an Act approved April 19, 1989 (Ga. L. 1989, p. 5011), so as to provide that certain areas shall not be included as part of the City of Auburn; to provide for submission; to repeal conflicting laws; and for other purposes.
HB 814. By Representatives Manning of the 32nd, Tumlin of the 38th, Parsons of the 42nd, Ehrhart of the 36th, Setzler of the 35th and others:
A BILL to be entitled an Act to amend an Act creating the Cobb County Commission on Children and Youth, approved February 24, 1988 (Ga. L. 1988, p. 3569), as amended particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3672), so as to re-create the Cobb County Commission on Children and Youth; to provide for the manner of appointment of members; to provide for duties and powers; to authorize the commission to receive and expend funds; to provide for all related matters; to provide for an annual report; to allow the commission to qualify for treatment under the Internal Revenue Code as a tax exempt organization; to provide for a termination date; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 819. By Representatives Dollar of the 45th, Parsons of the 42nd, Golick of the 34th, Cooper of the 41st, Ehrhart of the 36th and others:
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 30, 1989 (Ga. L. 1989, p. 4711), so as to provide for a pay increase for the members and chairperson of the Cobb County-Marietta Water Authority; to repeal conflicting laws; and for other purposes.
HB 824. By Representatives O`Neal of the 146th, Talton of the 145th and Sellier of the 136th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Warner Robins, approved March 7, 1978 (Ga. L. 1978, p. 3081), as amended, so as to change provisions relating to disposition of real property by

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the city; to expressly authorize the disposition of certain property; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 830. By Representatives Reese of the 98th and Mills of the 25th:
A BILL to be entitled an Act to authorize the City of Buford 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 834. By Representatives Knox of the 24th, Hamilton of the 23rd and Amerson of the 9th:
A BILL to be entitled an Act to amend the Forsyth County Civil Service System Act creating the Forsyth County Civil Service System, approved March 13, 1978 (Ga. L. 1978, p. 3572), as amended, particularly by an Ordinance and Resolution adopted by the Board of Commissioners of Forsyth County December 9, 1996 (Ga. L. 1997, p. 4701), so as to exempt employees of the Probate Court of Forsyth County and Forsyth County Pre-Trial Services from the application of the Forsyth County Civil Service System; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 847. 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 Senate has adopted the report of the Committee of Conference on the following bills of the Senate and House:
SB 205. By Senators Thomas of the 54th, Balfour of the 9th, Henson of the 41st, Wiles of the 37th, Unterman of the 45th 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 enact the "Prescription Medication Integrity Act"; to provide for a short title;

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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.
HB 48. By Representatives Chambers of the 81st, Bearden of the 68th and Geisinger of the 48th:
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 redefine certain terms; to repeal conflicting laws; and for other purposes.
HB 95. By Representatives Richardson of the 19th, Harbin of the 118th, Golick of the 34th, Burkhalter of the 50th, Keen of the 179th and others:
A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008; and for other purposes.
HB 148. By Representatives Burkhalter of the 50th and Smith of the 113th:
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 tangible property to or in construction or expansion of an aquarium for a limited period of time; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 162. By Representatives Martin of the 47th, Burkhalter of the 50th and Jones of the 46th:
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 for a limited period of time with respect to sales of certain tangible personal property used in direct connection with the construction of a performing arts amphitheater 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.
HB 186. By Representatives Cole of the 125th, O`Neal of the 146th, Smith of the 129th, Golick of the 34th, Maddox of the 172nd and others:

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A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for a five-year exemption regarding the sale of tangible personal property to, or used in or for the construction of, a new alternative fuel facility dedicated exclusively to the processing and production of ethanol, biodiesel, and butanol; to provide for definitions; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 208. By Representatives Jones of the 46th, Lindsey of the 54th, Chambers of the 81st, Talton of the 145th and Coan of the 101st:
A BILL to be entitled an Act to amend Code Section 20-2-86 of the Official Code of Georgia Annotated, relating to operation of school councils, so as to provide that the parent members make up a majority on the school council; to provide that the chairperson shall be a parent member; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 214. By Representatives Barnard of the 166th, Smith of the 70th, Stephens of the 164th, Parsons of the 42nd, Lane of the 158th and others:
A BILL to be entitled an Act to amend Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Jekyll Island-- State Park Authority, so as to provide for a renewal of the property lease to the authority; to extend the existence of the authority consistent with such lease renewal; to provide for legislative oversight of the authority; to provide for legislative intent; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 219. By Representatives Royal of the 171st, O`Neal of the 146th, Roberts of the 154th and Black of the 174th:
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 prepayments of certain local sales and use taxes with respect to motor fuels; to provide for procedures, conditions, and limitations; to change certain provisions regarding penalties; to change certain provisions regarding taxation of motor fuel; to change certain provisions regarding sales and use tax exemptions regarding motor fuel; to change certain provisions regarding refunds of motor fuel taxes; to change certain provisions regarding the second motor fuel tax; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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HB 225. By Representatives Royal of the 171st, Golick of the 34th, Roberts of the 154th, Keen of the 179th, O`Neal of the 146th and others:
A BILL to be entitled an Act to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income for state income tax purposes, so as to change certain provisions regarding the deduction for contributions to certain college savings plans; to provide an effective date; to provide applicability; to repeal conflicting laws; and for other purposes.
HB 233. By Representatives Ralston of the 7th, Mumford of the 95th, Bearden of the 68th, Oliver of the 83rd and Forster of the 3rd:
A BILL to be entitled an Act to amend Chapter 5 of Title 30 and Code Section 31-8-81 of the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons and definitions for the "Long-term Care Facility Resident Abuse Reporting Act," respectively, so as to revise the definition of the term "exploitation"; to change provisions relating to criminal penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 330. By Representative Stephens of the 164th:
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 an effective date contingent on funding; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 366. By Representatives Bearden of the 68th, Meadows of the 5th and Tumlin of the 38th:
A BILL to be entitled an Act to amend Code Section 30-4-2, relating to right to equal public accommodations and to be accompanied by guide or service dog, so as to provide that every person engaged in the raising of a dog for training as a guide or service dog shall have the right to be accompanied by such dog in the same manner as a totally or partially blind, deaf, or physically disabled person under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.

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HB 445. By Representative Royal of the 171st:
A BILL to be entitled an Act to amend Code Section 48-5-7.4 of the O.C.G.A., 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 a contingent effective date; to provide for applicability; to provide for contingent repeal; to repeal conflicting laws; and for other purposes.
HB 451. By Representatives Lewis of the 15th, Stephens of the 164th, Parrish of the 156th and Watson of the 91st:
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 taxation, so as to provide for a program of tax refunds for companies creating certain tourism attractions; to provide for a short title; to define terms; to state legislative findings; to provide for conditions of eligibility and approval by the Department of Economic Development and a local government; to provide for agreements between that department and companies; to provide for regulations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 463. By Representatives McCall of the 30th, Powell of the 29th, Burns of the 157th, Roberts of the 154th, Lunsford of the 110th and others:
A BILL to be entitled an Act to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, so as to change certain provisions relating to exemptions from said chapter; to change certain provisions relating to education and training requirements relative to said chapter, required programs, instructor qualifications, and expiration of certification; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 486. By Representative Willard of the 49th:
A BILL to be entitled an Act to amend Code Section 48-5-359.1 of the Official Code of Georgia Annotated, relating to contracts with the county tax

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commissioner to assess and collect municipal taxes and prepare the tax digest, so as to change certain provisions regarding compensation to be paid to the tax commissioner for additional duties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 587. By Representatives May of the 111th, Harbin of the 118th, Fleming of the 117th and Roberts of the 154th:

A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to the distribution, storage, and sale of gas, so as to provide for revocation of a certificate of public convenience and necessity if the holder of the certificate has not within five years of receiving the certificate begun construction or operation of any pipeline, or distribution system, or any extension thereof, in substantially all of the territory covered by such certificate; to provide for related matters; to repeal conflicting laws; and for other purposes.

The Senate has adopted the report of the Committee of Conference #2 on the following bill of the House:

HB 147. By Representatives Mills of the 25th, Sheldon of the 105th, Fleming of the 117th, Coan of the 101st, Ralston of the 7th and others:

A BILL to be entitled an Act to provide a short title; to provide for legislative findings and purpose; to amend Chapter 9A of Title 31 of the O.C.G.A., relating to the "Woman's Right to Know Act," so as to require physicians or other qualified agents to require that pregnant females undergo an ultrasound or sonogram prior to having an abortion; to change certain provisions relating to voluntary and informed consent to abortions; to require certain information be made available by the Department of Human Resources; to change certain provisions relating to reporting requirements; to provide for civil causes of action; to amend Article 5 of Chapter 12 of Title 16 of the O.C.G.A., relating to abortion, to provide for criminal penalties for failure to comply with the "Woman's Right to Know Act"; to provide for construction; to provide for intervention; to provide for severability; 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 bills and resolutions of the Senate:

SB 9.

By Senators Rogers of the 21st, Williams of the 19th, Weber of the 40th, Moody of the 56th, Cowsert of the 46th and others:

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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 2007"; 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 statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 10. By Senators Johnson of the 1st, Rogers of the 21st, Weber of the 40th, Schaefer of the 50th, Hill of the 32nd 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 enact the "Georgia Special Needs Scholarship Act"; to provide for a short title; to define certain terms; to provide for scholarships for public school students with disabilities to attend eligible private schools; to provide for qualifications and criteria for the scholarship program; to establish certain requirements for private schools that participate in the scholarship program; to provide for the amount of scholarship and method of payments; to authorize the State Board of Education to promulgate certain rules; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
SB 15. By Senators Wiles of the 37th, Rogers of the 21st, Mullis of the 53rd and Hill of the 32nd:
A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to change certain provisions relating to driver's license requirement, surrender of prior licenses, and prohibition of local licenses; to change certain provisions relating to driving while license suspended or revoked; to specify punishments for driving without being licensed; to amend Code Section 42-4-14 of the Official Code of Georgia Annotated, relating to determination of nationality of person charged with felony or driving under the influence and confined in a jail facility, so as to provide for determination of nationality of person convicted of driving without being licensed; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 39. By Senators Weber of the 40th, Moody of the 56th, Williams of the 19th, Tarver of the 22nd, Carter of the 13th and others:

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A BILL to be entitled an Act to amend Article 31 of Chapter 2 of Title 20 of the O.C.G.A., relating to charter schools, so as to enact the 'Charter Systems Act'; to provide for legislative findings; to provide for the establishment of charter systems; to revise and add definitions; to provide for the establishment of the Charter Advisory Committee; to provide for requirements for petitions for charter systems; to revise certain provisions relating to the approval or denial of a charter petition; to revise certain provisions relating to the review of charters; to provide for terms and renewals of charter systems; to provide for waivers and operating requirements, control, and management for charter systems; to provide for termination of charter systems; to revise provisions for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 40. By Senators Staton of the 18th, Williams of the 19th, Rogers of the 21st, Johnson of the 1st, Shafer of the 48th 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 increase the penalties for certain election related offenses involving fraudulent acts; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 81. By Senators Pearson of the 51st, Wiles of the 37th, Thomas of the 54th, Hawkins of the 49th, Schaefer of the 50th 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 and special license plates, so as to provide a special license plate commemorating 100 years of scouting; to provide that a portion of the funds generated by the sale of such special license plate be disbursed to the Boy Scouts of America; to repeal conflicting laws; and for other purposes.
SB 94. By Senators Wiles of the 37th, Hamrick of the 30th, Heath of the 31st, Mullis of the 53rd and Seabaugh of the 28th:
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 dispossessory proceedings, so as to define a term; to clarify the process for judgments by default; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 102. By Senators Balfour of the 9th, Unterman of the 45th, Rogers of the 21st, Williams of the 19th and Henson of the 41st:

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A BILL to be entitled an Act to amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to licensure and regulation of chiropractors, so as to define and redefine certain terms; to change provisions relative to the scope of practice of chiropractors; to change the criminal penalties for unlicensed practice of chiropractic; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 114. By Senators Shafer of the 48th, Williams of the 19th, Johnson of the 1st, Rogers of the 21st, Pearson of the 51st and others:
A BILL to be entitled an Act to amend Chapter 40 of Title 43 of the O.C.G.A., relating to real estate brokers and salespersons, so as to provide that certain time periods shall have passed after completing the terms and conditions of a sentence for certain criminal convictions before making an application for licensure; to provide for additional criminal offenses for which the Georgia Real Estate Commission may deny a license; to change the term "in-class hour" to "instructional hour"; to change the number of instructional hours for a broker prelicense course of study; to change the required number of continuing education hours; to provide for certain provisions relating to persons on active military duty or serving in the General Assembly; to permit the commission to provide certain educational materials to consumers; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 123. By Senators Rogers of the 21st, Shafer of the 48th, Hawkins of the 49th, Hill of the 32nd, Schaefer of the 50th and others:
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 that twins or other multiples are placed in the same classroom if the parent or guardian requests; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 128. By Senators Carter of the 13th and Rogers of the 21st:
A BILL to be entitled an Act to amend Article 5 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the Office of the Child Advocate for the Protection of Children, so as to provide for confidentiality of records held by the Office of the Child Advocate for the Protection of Children; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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SB 135. By Senators Hamrick of the 30th, Reed of the 35th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to criminal reproduction and sale of recorded material, so as increase penalties for reproducing, transferring, selling, distributing, or circulating certain recorded material; to provide for forfeiture of certain items; to provide for additional restitution as it relates to violation of Code Section 16-8-60, relating to reproduction of recorded material, transfer, sale, distribution, and circulation; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 148. By Senators Shafer of the 48th, Staton of the 18th, Thomas of the 54th, Rogers of the 21st, Heath of the 31st 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 the creation of the Georgia Commission for Saving the Cure and the membership, appointment, terms of office, and duties of such commission; to provide for certain funding mechanisms; 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.
SB 157. By Senators Tolleson of the 20th, Meyer von Bremen of the 12th, Bulloch of the 11th, Williams of the 19th, Hill of the 4th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to gasoline additives, so as to provide for grants to persons to finance installing, replacing, and converting motor fuel storage equipment to facilitate storing and dispensing E-85 gasoline for retail sale; to define certain terms; to provide legislative findings and declarations; to provide for rules and regulations; to repeal conflicting laws; and for other purposes.
SB 182. By Senators Wiles of the 37th, Unterman of the 45th and Hill of the 32nd:
A BILL to be entitled an Act to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to change provisions relating to asbestos claims and silica claims; to state legislative findings and purpose; to provide for applicability; to provide definitions; to provide that physical

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impairment shall be an essential element of an asbestos claim or a silica claim; to provide for a limitations period for filing a claim; to provide for dismissal of pending claims under certain conditions; to provide for general rules applicable to new filings; to provide for forum non conveniens; to provide for venue; to provide for joinder and consolidation of claims; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.
SB 184. By Senator Rogers of the 21st:
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 new definitions; to modify the computation of deductible business expenses; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 188. By Senators Thompson of the 33rd and Hamrick of the 30th:
A BILL to be entitled an Act to amend Article 14 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to the foster parents bill of rights, so as to provide that the bill of rights applies to foster parents caring for children who are privately placed; to provide for an administrative hearing for aggrieved parties; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 193. By Senators Mullis of the 53rd, Jones of the 10th and Grant of the 25th:
A BILL to be entitled an Act to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding local government, so as to provide that, if a county governing authority provides group health, life, disability, and liability insurance, retirement or pension coverage, social security and employment security coverage, and other similar or related employment benefits for county employees, such benefits must be offered to the sheriff, judge of probate court, clerk of superior court, tax receiver, tax collector, and tax commissioner on the same terms and conditions as other county employees; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 194. By Senators Staton of the 18th, Williams of the 19th, Wiles of the 37th, Harp of the 29th, Carter of the 13th 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 in certain circumstances that the county election superintendent

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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 that a person may cancel his or her absentee ballot under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 200. By Senators Grant of the 25th and Thompson of the 33rd:
A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for a comprehensive program for the creation of infrastructure development districts; 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.
SB 203. By Senators Harp of the 29th, Staton of the 18th, Mullis of the 53rd, Shafer of the 48th, Hamrick of the 30th and others:
A BILL to be entitled an Act to amend Article 14 of Chapter 1 of Title 10, Code Section 16-8-12, and Chapter 1 of Title 46 of the O.C.G.A., relating to secondary metals recyclers, penalties for certain theft crimes, and general provisions for public utilities and public transportation, respectively, so as to provide for increased penalties for certain crimes involving public utility property; to change certain provisions relating to inspection by law enforcement officers; to change provisions relating to actions to recover property; to change provisions relating to penalties for violating Article 14 of Chapter 1 of Title 10; to provide for forfeiture of certain property and procedure therefor; to provide for legislative findings and preemption; to provide for the Governor to appoint certain special officers for purposes of investigating certain thefts of public utility property; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 212. By Senators Balfour of the 9th, Williams of the 19th and Rogers of the 21st:
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 which are not required

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to be made available for public inspection and copying, so as to provide that disclosure to the news media shall not be required for social security numbers or the day and month of birth of public employees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 224. By Senators Hudgens of the 47th, Chapman of the 3rd, Rogers of the 21st, Moody of the 56th, Murphy of the 27th and others:
A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the definition of commercial vehicle policy and fleet policy; to repeal Code Section 40-5-71 of the Official Code of Georgia Annotated, relating to notice of insurance issuance, renewal, or termination of drivers' licenses, and incorporate the provisions thereof in Code Section 40-2-137; to change the term "commercial vehicle policy" to "commercially insured vehicle policy"; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 235. By Senators Grant of the 25th and Seabaugh of the 28th:
A BILL to be entitled an Act to amend Code Section 42-5-35 of the Official Code of Georgia Annotated, relating to the conferral of police powers by the commissioner of the Department of Corrections, so as to provide that certified correctional employees of the Department of Corrections who leave the department under certain conditions may retain their badges; to repeal conflicting laws; and for other purposes.
SB 251. By Senator Thompson of the 5th:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 40 of the O.C.G.A., relating to the registration and licensing of motor vehicles, so as to require the establishment by the Department of Revenue of an Internet website for stolen and towed motor vehicles; to require that each tow truck or wrecker operator shall post the vehicle identification numbers and license plate numbers of certain motor vehicles that are towed by such operator on such website within certain periods of time; to provide for penalties for failing to post such information; to require law enforcement agencies in this state to post the vehicle identification numbers and license plate numbers of stolen vehicles on such website; to provide for enforcement by the Department of Revenue; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 282. By Senators Mullis of the 53rd, Smith of the 52nd, Schaefer of the 50th, Thomas of the 54th, Hamrick of the 30th and others:

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A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, so as to provide for the creation of alternative tourism routes; to provide for the designation of such routes; to provide for the construction and maintenance of welcome centers on such routes; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 301. By Senators Tate of the 38th and Reed of the 35th:
A BILL to be entitled an Act 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.
SB 308. By Senators Henson of the 41st, Butler of the 55th, Adelman of the 42nd and Jones of the 10th:
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), and an Act approved March 28, 1990 (Ga. L. 1990, p. 4540), 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.
SB 311. By Senator Powell of the 23rd:
A BILL to be entitled an Act to amend an Act placing the Sheriff of Burke County upon an annual salary, approved February 28, 1966 (Ga. Laws 1966, p. 2127), as amended by an Act approved April 4, 1968 (Ga. Laws 1968, p. 2979), an Act approved March 4, 1969 (Ga. Laws 1969, p. 2167), an Act approved March 30, 1971 (Ga. Laws 1971, p. 2458), an Act approved April 13, 1973 (Ga. Laws 1973, p. 2633), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 3677), so as to change the compensation of the sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes.
SR 246. By Senators Wiles of the 37th, Smith of the 52nd, Johnson of the 1st and Williams of the 19th:
A RESOLUTION creating the Joint Study Committee on Indigent Defense; and for other purposes

FRIDAY, APRIL 20, 2007

5021

SR 249. By Senators Grant of the 25th, Harp of the 29th, Harbison of the 15th, Goggans of the 7th, Smith of the 52nd and others:
A RESOLUTION authorizing the granting of nonexclusive easements for operation and maintenance of facilities, utilities, and ingress and egress, in, on, over, under, upon, across, or through property owned by the State of Georgia in Cobb, Floyd, Gwinnett, Muscogee, Paulding, and Ware counties, Georgia; to repeal conflicting laws; and for other purposes.
SR 296. By Senator Goggans of the 7th:
A RESOLUTION dedicating the POW Julian Abel Memorial Bridge; and for other purposes.
SR 309. By Senators Grant of the 25th and Thompson of the 33rd:
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.
SR 357. By Senator Whitehead, Sr. of the 24th:
A RESOLUTION honoring the life of Major Byron S. McGuire, Sr., and dedicating a bridge in his honor; and for other purposes.
SR 363. By Senators Grant of the 25th, Tarver of the 22nd, Unterman of the 45th, Hill of the 4th, Goggans of the 7th and others:
A RESOLUTION creating the Mental Health Service Delivery Commission; and for other purposes.
The Senate recedes from its disagreement in effect agreeing to the House substitute to the following bill of the Senate:
SB 236. By Senators Rogers of the 21st, Hudgens of the 47th, Thompson of the 33rd, Goggans of the 7th, Hawkins of the 49th and others:
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 definitions; to provide for notification by certain state agencies upon a breach of security regarding personal information; to amend Article 8

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of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to the offense of identity fraud, so as to change certain provisions relating to the elements of the offense of identity fraud; to provide for a victim's right to file a report with a law enforcement agency; to provide a short title; 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:
SB 62. By Senators Mullis of the 53rd, Whitehead, Sr. of the 24th, Seay of the 34th, Carter of the 13th and Staton of the 18th:
A BILL to be entitled an Act to amend Code Section 35-3-35 of the Official Code of Georgia Annotated, relating to disclosure and dissemination of records by the Georgia Crime Information Center to public agencies and political subdivisions and responsibility and liability of the issuing center, so as to provide certain conditions for requesting criminal history records; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House amendment to the Senate substitute to the following bills of the House:
HB 117. By Representatives Heard of the 104th, Knox of the 24th, Lewis of the 15th, Hembree of the 67th, Yates of the 73rd and others:
A BILL to be entitled an Act to amend provisions of the O.C.G.A. relating to motorcycles and all-terrain vehicles; to amend Part 1 of Article 22 of Chapter 1 of Title 10 of the O.C.G.A., relating to general considerations regarding motor vehicle franchises, so as to exempt motorcycles, all-terrain vehicles, and utility vehicles from the definition of motor vehicle; to amend Chapter 1 of Title 10 of the O.C.G.A., relating to selling and other trade practices, so as to provide for definitions; to provide purposes and policies to protect motorcycle, all-terrain vehicle, and utility vehicle dealers; to provide that a grantor must approve a sale of a dealership if the terms are reasonable; to provide for succession of the dealership to the dealer's named beneficiaries; to provide for warranty obligations; to provide for dispute resolution; to provide for applicability; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 136. By Representatives Coan of the 101st, Shaw of the 176th, O`Neal of the 146th, Rogers of the 26th, Millar of the 79th and others:

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5023

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.
HB 181. By Representatives Jacobs of the 80th, Millar of the 79th, Chambers of the 81st, Levitas of the 82nd, Oliver of the 83rd and others:
A BILL to be entitled an Act to amend Chapter 75 of Title 36 of the Official Code of Georgia Annotated, relating to war on terrorism local assistance, so as to provide for limitations with respect to the creation, activation, and activities of public safety and judicial facilities authorities and joint public safety and judicial facilities authorities; to provide for legislative intent; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 369. By Representatives Rice of the 51st, Lindsey of the 54th, Ehrhart of the 36th, Manning of the 32nd, Butler of the 18th and others:
A BILL to be entitled an Act to provide for legislative findings; to amend Article 2 of Chapter 6 of Title 5 and Chapter 9 of Title 19 of the O.C.G.A., relating to appellate practice and child custody proceedings, respectively, so as to provide for changes in child custody proceedings; to provide for direct appeals in all domestic relations cases; to provide for a parenting plan in child custody cases and the procedure therefor; to provide factors in determining the best interests of the child; to provide for written findings of fact in child custody proceedings; to remove the right of a 14 year old to select a custodial parent; to provide for attorney's fees and expenses of litigation in child custody proceedings; to provide for binding arbitration; to amend Code Section 19-7-22 of the O.C.G.A., relating to petition for legitimation of child, so as to correct a cross-reference; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
HB 419. By Representatives Floyd of the 147th, Rice of the 51st, Powell of the 29th and Bearden of the 68th:
A BILL to be entitled an Act to amend Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to commercial drivers' licenses,

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so as to provide for definitions of certain terms; to change provisions relating to issuance of commercial drivers' licenses and permits; to provide for expiration of commercial drivers' licenses; to provide for disqualifications, revocations, and suspensions of commercial drivers' licenses; to provide penalties for violations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 424. By Representatives Coan of the 101st, Reese of the 98th, Hamilton of the 23rd, Cox of the 102nd, Carter of the 159th 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, to provide for the dismissal of certain claims in which no hearing has been held after a certain time period; to increase the weekly wage amounts for compensation for total disability; to increase the maximum weekly benefit for compensation for temporary partial disability; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 549. By Representative Burkhalter of the 50th:
A BILL to be entitled an Act to amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to establish requirements for basic therapy services for children with disabilities; to provide for legislative findings; to provide for definitions; to provide certain requirements relating to administrative prior approval for services and appeals; to provide for a modification to the state plan for medical assistance regarding the rate of payment to providers of medical assistance services; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The Senate recedes from its substitute to the following bills of the House:
HB 76. By Representatives Day of the 163rd, Horne of the 71st and Neal of the 1st:
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 require permission for use of the Georgia Office of Homeland Security's and the Georgia Emergency Management Agency's nomenclature and symbols, to provide for definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 134. By Representatives England of the 108th, Heard of the 104th, Coan of the 101st and Benton of the 31st:

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5025

A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to bid bonds for public works bidding for local governments, so as to change certain provisions relating to cash in lieu of bid bonds and letters of credit; to change certain provisions relating to acceptable substitutes for bonds; to repeal conflicting laws; and for other purposes.
HB 168. By Representatives Mumford of the 95th, Knox of the 24th and Forster of the 3rd:
A BILL to be entitled an Act to amend Code Section 15-11-21 of the Official Code of Georgia Annotated, relating to associate juvenile court judges, appointment and compensation, qualifications, conduct of hearings, and rehearing, so as to change the qualifications for an associate juvenile court judge; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 314. By Representatives Neal of the 1st, Ralston of the 7th, Day of the 163rd, Coan of the 101st, Fleming of the 117th and others:
A BILL to be entitled an Act to amend Code Section 24-4-60 of the Official Code of Georgia Annotated, relating to requirement for DNA analysis of blood of persons convicted of certain sex offenses or convicted of a felony and incarcerated in a state correctional facility, so as to provide for DNA analysis of persons convicted of certain felonies and sexual offenses who are placed on probation; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 559. By Representatives Kaiser of the 59th, Sheldon of the 105th, Ashe of the 56th, Jones of the 46th, Thomas of the 55th and others:
A BILL to be entitled an Act to amend Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for teachers and other school personnel in elementary and secondary education, so as to provide for teachers and employees of charter schools to be considered employees for purposes of participating in the health insurance plans for teachers and other school personnel; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 748. By Representatives Reese of the 98th, Coleman of the 97th, Coan of the 101st and Sheldon of the 105th:

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A BILL to be entitled an Act to authorize the City of Suwanee 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 Senate recedes from its amendment to the following bills of the House:
HB 69. By Representative Franklin of the 43rd:
A BILL to be entitled an Act to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records to be kept on drivers in Georgia, so as to prohibit the Department of Driver Services from charging a fee for viewing a driver's record online; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 725. By Representatives Fludd of the 66th, Bruce of the 64th, Holmes of the 61st, Stanley-Turner of the 53rd, Lindsey of the 54th and others:
A BILL to be entitled an Act to amend an Act providing for the incorporation of the City of South Fulton in Fulton County, approved April 28, 2006 (Ga. L. 2006, p. 3856), so as to change provisions relating to the description of the territory to be included in the city; to correct a language error in the description; to change provisions relative to exclusion of territory within other municipal corporations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following communication was received:
Speaker's Order No. 4
PURSUANT to the provisions of Rule 10.2 of the Rules, Ethics, and Decorum of the House of Representatives a special committee of the House is hereby appointed to consider bills regarding women's health.
This committee of the House shall be designated as the Special Committee on Women's Health. The committee shall only have authority to deliberate, hear testimony, compel witnesses or consider amendments that are germane to the subject matter of bills assigned to it regarding health care needs that are unique to women. The Committee shall act during its existence with the same authority, in all respects, as if it was one of the standing committees of the House established by Rule 10.1.
The following members of the House are appointed as officers of the Committee:

FRIDAY, APRIL 20, 2007

5027

1. Chairman: Lynn Smith 2. Vice Chairman: Nikki Randall 3. Secretary: Penny Houston
The following members of the House are appointed to serve on the Committee:
4. Katie Dempsey 5. Charlice Byrd 6. Judy Manning 7. Sharon Cooper 8. Jan Jones 9. Jill Chambers 10. Donna Sheldon 11. Barbara Sims 12. Cecily Hill 13. Jeanette Jamieson 14. Sheila Jones 15. "Able" Mable Thomas 16. Kathy Ashe 17. Pat Gardner 18. Robbin Shipp 19. Mary Margaret Oliver 20. Karla Drenner 21. Pam Stephenson 22. Debbi Buckner
Once final action has been taken on the bills assigned to this Committee, the authority of the Committee, including its Chairman, its Vice-Chairman, its Secretary and each member appointed above, shall cease.
SO ORDERED, by my hand, this 19th day of April, 2007.
/s/ Glenn Richardson Glenn Richardson, Speaker House of Representatives
Representative Keen of the 179th moved that the House do now adjourn sine die, and the motion prevailed.
Pursuant to SR 622, adopted by the House and Senate, the Speaker announced the House adjourned sine die.

INDEX TO JOURNAL

OF THE

HOUSE OF REPRESENTATIVES

REGULAR SESSION

2007

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 Public roads; lack of removal of vehicles; liable for gross negligence ..................HB 231
ABORTION Crimes against public health and morals; abortion; provisions..................................HB 1
AD VALOREM TAX Ad valorem property tax; qualified motor vehicles; provide for the elimination................................................................................................HB 585 Ad valorem tax; assessed value of real property; provide limitations - CA...............HR 3 Ad valorem tax; bona fide conservation use property; change certain provisions.................................................................................................HB 421 Ad valorem tax; businesses; tangible personal property; provide exemption.............................................................................................................HB 124 Ad valorem tax; certain business aircrafts; provide exemption .............................HB 322 Ad valorem tax; certain charitable institutions; clarify exemption ........................HB 445 Ad valorem tax; certifications; millage rate; change certain provisions ................HB 201 Ad valorem tax; finished goods; provide freeport exemption................................HB 328 Ad valorem tax; homestead exemption; disabled veterans; change provisions.............................................................................................................HB 561 Ad valorem tax; public utilities; railroad car repairs; provide exemption..............HB 289 Ad valorem tax; retail furniture businesses; inventories; provide exemption - CA....................................................................................................HR 597 Ad valorem tax; watercrafts held in inventory for resale; exempt .........................HB 271 Bona fide conservation use property; additional acts; provisions ............................HB 78 Bona fide conservation use property; agritourism; change certain provisions.............................................................................................................HB 593 Bona fide conservation use property; assessment; change certain eligibility requirements ........................................................................................HB 321 County tax commissioners; compensation; additional duties; change certain provisions.....................................................................................HB 486
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5032

INDEX

County tax digest; final valuations; provide.............................................................HB 20 Farm owners; agritourism activities; provide limited liability ...............................HB 453 Homestead exemption; certain surviving spouses; provide definition.....................HB 99 Homestead exemption; certain surviving spouses; provide definition...................HB 298 Homestead; exemption; certain disabled persons; total value................................ SB 218 Nonresidential property; ad valorem school taxes; annexation;
provisions - CA....................................................................................................HR 374 Property Tax Assessments; appeals; payment of interest; change
certain provisions..................................................................................................... SB 8 Property tax digest; positive tax allocation increments; prohibit use.....................HB 182 Qualified disabled veterans; homestead exemption; increase amount ...................HB 823 Real property values; residential; fair market value; requirements - CA...............HR 158 Right of way acquisition; additional method; definitions; provisions....................HB 161 Tax returns; counties; tax commissioner closes books on March 1;
provide .................................................................................................................HB 594 Tax Returns; local law; establish a different time .................................................. SB 132 Taxation; payment of taxes where property lies in more than
one county; repeal certain provisions .................................................................... SB 58
ADAIRSVILLE, CITY OF; Adairsville Building Authority; create......................HB 781
ADJOURNMENT Adjournment; relative to......................................................................................... SR 622 Adjournment; relative to...........................................................................................HR 11 Adjournment; relative to.........................................................................................HR 183 Adjournment; relative to.........................................................................................HR 473 Adjournment; relative to......................................................................................... SR 126
ADMINISTRATIVE SERVICES, DEPARTMENT OF Public Works Bidding; provide definitions; advertisement of contract opportunities .......................................................................................... SB 146 State Government; clarify meaning of criminal action; replace Dept. of Administrative Services with Office of Treasury/Fiscal Services....................... SB 175
ADOPTION Adoption; surrender rights; provisions ...................................................................HB 497 Child-Placing Agency; require petitioner to submit to a criminal history records check ............................................................................................. SB 61 Juvenile proceedings; adoption; provisions............................................................HB 599
AGENCIES (See Named Agency or State Government)

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INDEX

5033

AGRICULTURE Agricultural Commodity Commissions; ratification of commissions; change certain provisions..................................................................................... SB 165 Agricultural/Forest Products; limited liability for owners/operators of farms offering agritourism under certain circumstances................................. SB 272 Agriculture Commissioner; hearings; initial and final decisions; change certain provisions.....................................................................................HB 598 Agriculture Commissioner; provide a date certain for rules/regulations to establish criminal violations ................................................................................ SB 275 Agritourism activities; regulation; provisions ........................................................HB 584 Bona fide conservation use property; agritourism; change certain provisions.............................................................................................................HB 593 Commercial feeds; definitions; change certain provisions.....................................HB 135 Commercial feeds; labeling requirements; exclude equine feed............................HB 122 Farm owners; agritourism activities; provide limited liability ...............................HB 453 Georgia Blueberry Commission; create .................................................................HB 649 Georgia Building Authority; general provisions; operational powers ................... SB 130 Georgia Department of Agriculture; ban production, use, and sale of certain plants; urge ...................................................................................HR 887 Gerald Dasher Memorial State Farmers' Market; dedicate ....................................HR 524 Meat and dairy processing plants; licenses; change certain provisions .................HB 433 Public records; agricultural or food systems information; provisions....................HB 101 Soil/Water Conservation Districts; number/boundaries; alteration of existing districts/formation of new districts; change certain provisions ............. SB 263
AGRICULTURE, DEPARTMENT OF Agriculture Commissioner; hearings; initial and final decisions; change certain provisions.....................................................................................HB 598 Agriculture Commissioner; provide a date certain for rules/regulations to establish criminal violations ................................................................................ SB 275 Georgia Department of Agriculture; ban production, use, and sale of certain plants; urge ...................................................................................HR 887
AIRLINES AND AIRPORTS (See Aviation)
AIR POLLUTION Air quality; coal-fired electrical generating facilities; permits; change certain provisions.....................................................................................HB 546 Gasoline Additives; provide for grants; E-85 gasoline for retail sale; define certain terms ..................................................................................... SB 157
ALAMO, CITY OF; provide new charter .............................................................HB 696

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5034

INDEX

ALBANY, CITY OF Authorize to exercise all redevelopment/other powers .......................................... SB 320 Redevelopment Powers Law; authorize .................................................................HB 796
ALCOHOLIC BEVERAGES Alcoholic beverages; flavored malt beverage; define; change certain provisions.................................................................................................HB 516 Alcoholic beverages; local authorization; Sunday sales; provisions......................HB 468 Alcoholic Beverages; resealed partially consumed bottle of wine; uniform rules of the road ....................................................................................... SB 55 Driving under the influence; mandatory sentences; increase .................................HB 336 Farm wineries; licensing; change certain provisions..............................................HB 393 Malt beverages; brewery tours; free tasting; food; change provisions...................HB 462 Malt beverages; regulations; carbon dioxide filters; provide requirements ...........HB 238 Malt beverages; tasting room; food; sales; provisions ...........................................HB 563 Wine; state license requirements; direct shipment to Ga. residents; provisions.............................................................................................................HB 159
ALIENS AND IMMIGRANTS (Also, see Nonresidents) Citizenship; urge Congress to amend birth right provisions ..................................HR 127
ALIMONY AND CHILD SUPPORT Domestic relations; child support; provisions ........................................................HB 540 Human Resources, Department of; child support collections fees; authorize ......................................................................................................HB 156
ALPHARETTA, CITY OF; corporate limits; certain property; remove................HB 530
AMBROSE, CITY OF; municipal elections; provisions ........................................HB 681
ANIMALS Animal Fighting Act; change certain provisions...................................................... SB 16 Animals; poultry; revise certain provisions............................................................HB 105 Dogfighting; prohibit; punishments; amend provisions .........................................HB 301 Game and fish; certain deer management programs; permits; provide..................HB 466 Guide or service dog; certain persons; equal public accommodations; provide .................................................................................................................HB 366 State of Georgia; establish National Bio and AgroDefense Facility; urge to continue efforts ........................................................................................HR 886
APPALACHIAN JUDICIAL CIRCUIT Appalachian Judicial Circuit; investigators make arrests; provide ........................HB 782

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INDEX

5035

APPEAL AND ERROR Domestic relations; child custody proceedings; provisions ...................................HB 369
APPELLATE COURT Appellate court judges; elected on or after July 1, 2008; provide benefits.................................................................................................................HB 855 Certain justices and judges; annual salaries; increase ............................................HB 119 Employees' Retirement System; appellate court judges; benefits at 60; provide .......................................................................................................HB 309 Supreme Court; Court of Appeals; certain judges; travel allowances; provide .................................................................................................................HB 120
APPLING COUNTY SFC Nathan B. Simmons and SSGT James Q. Simmons Memorial Bridge; dedicate ...................................................................................................HR 414
APPROPRIATIONS AND FISCAL AFFAIRS General Appropriations Act; State Fiscal Year 2006-2007; change appropriations ........................................................................................................HB 82 General Appropriations Act; State Fiscal Year 2006-2007; change appropriations ........................................................................................................HB 83 General appropriations; State Fiscal Year July 1, 2007 - June 30, 2008 .................................................................................................................HB 95 State Fiscal Year; July 1, 2007 - June 30, 2008; provide appropriations ................HB 84 State Fiscal Year; July 1, 2007- June 30, 2008; provide appropriations..................HB 85 Supplemental appropriations; State Fiscal Year July 1, 2006 - June 30, 2007 .......................................................................................................................HB 94
AQUARIUMS Sales and use tax; gas, oil, and coal; aquariums; provide exemption.....................HB 148
ARCHAEOLOGY Historic sites; initial investigation; state archeologist; notice; require...................HB 177
ARCHITECTS Architecture; establish minimum training requirements to qualify for certification; Georgia State Board of Architects and Interior Designers............. SB 237
ARLINGTON, CITY OF; provide new charter......................................................HB 496

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5036

INDEX

ARTS Georgia Council for the Arts; Georgia Arts Alliance; create .................................HB 291 Georgia Council for the Arts; Georgia Arts Trust; create; provide tax credit ..............................................................................................................HB 351 Georgia Smokefree Air Act of 2005; performers in live theater; provide exemption ...............................................................................................HB 300 Portrait of Ms. Coretta Scott King; Capitol Arts Standards Commission; urge ......................................................................................................................HR 376 Sales and use tax; nature center or performing arts amphitheater facility; provide exemption..................................................................................HB 413 Sales and use tax; performing arts centers and amphitheater facilities; nonprofit volunteer health clinics; provide exemption.......................HB 162 Statue of Zell Bryan Miller; Capitol Arts Standards Commission; urge..................HR 16
ASBESTOS SAFETY ACT Georgia Asbestos Safety Act; contractors; revise certain provisions.....................HB 503
ATLANTA, CITY OF Ad valorem taxes; homestead exemption; increase the amount of such exemption................................................................................................ SB 325 District board member appointment; change provision .........................................HB 465
ATTORNEY GENERAL Crimes/Offenses; Georgia Bureau of Investigation investigate certain offenses against minors, including subpoena power ................................. SB 98
ATTORNEYS Admission to Georgia bar; educational requirements; exam; provisions...............HB 115 Alternative attorneys; indigent defense costs; change certain provisions ..............HB 586
AUBURN, CITY OF Certain areas not included; provide ........................................................................HB 807 Change corporate boundaries; deannex certain property .......................................HB 689
AUDITS AND ACCOUNTS, DEPARTMENT OF Audits and Accounts, Department of; annual reports on state agencies; require ....................................................................................................HB 91 Budget Act; periodic application of zero-base budgeting; analysis of departmental/program objectives ...................................................................... SB 12 Property tax digest; positive tax allocation increments; prohibit use.....................HB 182

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INDEX

5037

AUGUSTA JUDICIAL CIRCUIT Augusta Judicial Circuit; judges of Superior Court; supplement; change provisions ................................................................................................ SB 209
AUGUSTA, CITY OF Augusta-Richmond County Commission; members; eligibility, election, and terms; provide ...............................................................................................HB 553
AUTHORITIES Sales and use tax; water and sewer authorities; exempt...........................................HB 59
AVIATION Ad valorem tax; certain business aircrafts; provide exemption .............................HB 322 Aircraft liens; Federal Aviation Administration's Aircraft Registry; provisions.............................................................................................................HB 489 Delta Air Lines; urge the United States Department of Justice to oppose the proposed takeover............................................................................HR 50 Georgia Aviation Authority Act; create ................................................................. SB 290 Justice, Dept. of U.S.; urged to oppose the proposed unsolicited takeover of Delta Air Lines ................................................................................... SR 49 Motor fuel taxes; jet fuel; funds from sales and use; provide - CA .........................HR 48 Sales and use tax; repair of certain aircrafts; sale of parts; provide exemption.............................................................................................................HB 282 Sales and use tax; jet fuel; allocate funds for public-use airports - CA .................HR 228

B
BACON COUNTY Board of commissioners; provisions ......................................................................HB 758 Board of education; provisions...............................................................................HB 756 Board of elections and registration; create .............................................................HB 757
BAIL; BONDS AND RECOGNIZANCES Bail; professional bonding companies; change provisions ....................................HB 167 Bonds; surety for good behavior; extend the period .............................................. SB 106
BAINBRIDGE, CITY OF; provide new charter.......................................................HB 93
BAKER COUNTY South Georgia Regional Information Technology Authority Act; enact ...............HB 804
BALDWIN COUNTY; public property; authorize conveyance..............................HR 369
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5038

INDEX

BANKING AND FINANCE Banks and others; penalize for account deduction after notice; urge Congress ......................................................................................................HR 278 Basic Credit Opportunity Act of 2007; enact .........................................................HB 663 Deferred Presentment Services Act; enact; repeal "payday lending" prohibition............................................................................................................HB 163 Fair lending; temporary loan; add definition..........................................................HB 562 Financial Institutions; update banking laws to reflect changes in federal law ......................................................................................................... SB 70 Financial Literacy Month; urge state and national officials to support..................HR 825 Georgia Industrial Loan Act of 2007; enact ...........................................................HB 420 Georgia Residential Mortgage Act; enact ..............................................................HB 718 House Study Committee on Unbanked and Underbanked Consumers; create ....................................................................................................................HR 827 Judicial Accounting; add a penalty, late fees, and interest for failure to remit certain funds/ reports to authority............................................... SB 266 Pawnbrokers; title pawn transactions; provisions ..................................................HB 398 Pawnbrokers; title pawn transactions; provisions ..................................................HB 720 Republic of Sudan; certain transactions and bids by state agencies; prohibit.................................................................................................................HB 160 State depositories; Federal Home Loan Banks; secure state funds ..........................HB 96
BANKS COUNTY Board of commissioners; change compensation ....................................................HB 473 North Georgia Technical College; provisions ........................................................HB 828
BARROW COUNTY Walter E. "Eddie" Elder Interchange; Barrow County; dedicate .............................HR 14
BERRIEN COUNTY; POW Julian Abel Memorial Bridge; dedicating................. SR 296
BIBB COUNTY Bibb County Board of Tax Assessors; no person serving within the preceding 12 months shall be eligible to serve as an employee .................... SB 314 Bibb, Cobb, Dougherty, Mitchell, Monroe and Troup Counties; lease property; authorize......................................................................................HR 370 Sgt. Kelley L. Courtney Interchange; dedicate.......................................................HR 349
BLIND PERSONS (See Handicapped Persons)
BLOOMINGDALE, CITY OF Franchise contracts; change certain provisions .....................................................HB 753

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5039

BOARD OF REGENTS, UNIVERSITY SYSTEM OF GEORGIA Board of Regents; Georgia Aviation and Technical College; transfer positions..................................................................................................HB 891 Teachers Retirement System; Board of Regents; change definition ......................HB 797 Teachers Retirement System; Board of Regents; employees participation; provisions ......................................................................................HB 870 Teachers Retirement System; Board of Regents; employees participation; provisions ......................................................................................HB 879 Universities; board of regents; teacher education program; require ......................HB 458
BOATS AND WATERCRAFT Ad valorem tax; watercrafts held in inventory for resale; exempt .........................HB 271 Boating safety zones; Lake Oconee; certain vessels; change certain provisions.................................................................................................HB 510 Vessels; certain ports; numbers of pilots; removal and storage; change certain provisions.....................................................................................HB 132 Watercraft; applicant for certificate of number for vessels purchased outside Georgia; sales/use tax has been paid....................................................... SB 185
BONDS Bail; professional bonding companies; change provisions ....................................HB 167 Public safety and judicial facilities authorities; bond indebtedness; provide limitations ...............................................................................................HB 181 Transportation, Department of; contracts; provisions ............................................HB 192
BRASELTON, TOWN OF Redevelopment Powers Law; authorize .................................................................HB 312 Town of Braselton Community Improvement District Act; enact .........................HB 315
BROXTON, CITY OF; municipal elections; provisions ........................................HB 683
BRUNSWICK, CITY OF Commission candidate nominations; change certain provisions............................HB 411
BRUNSWICK JUDICIAL CIRCUIT Brunswick Judicial Circuit; fifth judge for superior courts; provide .......................HB 34 Cobb, Cordele, Dublin, Enotah, & Gwinnett Judicial Circuits; additional superior court judge; provide..............................................................HB 118
BRYAN COUNTY; county surveyor; abolish office ..............................................HB 482

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5040

INDEX

BUCHANAN, CITY OF Ad valorem tax; residents 65 or over; provide homestead exemption ...................HB 771 Provide new charter ................................................................................................HB 805
BUDGET (See Appropriations and Fiscal Affairs)
BUFORD, CITY OF; Redevelopment Powers Law; authorize ..............................HB 830
BUILDINGS AND HOUSING Abatement; county or municipal ordinances; unfit buildings; change certain provisions.....................................................................................HB 479 Buildings; advisory committee on industrialized buildings; appointment/vacancies; change composition....................................................... SB 246 Buildings; prohibit the naming of any public building for Sen. Robert Brown................................................................................................................... SB 191 Consolidated housing authorities; two or more municipalities; change certain provisions.....................................................................................HB 777 Fire escapes; buildings over 15 feet high; provide certain safety requirements.........................................................................................................HB 290 Housing authorities; definitions; change certain provisions ....................................HB 30 Jekyll Island Authority; to exercise restraint in the redevelopment of resort and other facilities on island; urge ........................................................HR 182 Rosa Parks and others; portraits in the state capitol; authorize ..............................HR 121
BULLOCH COUNTY Bohler, Dr. Charles Emory; designate portions of SR 26 ......................................HR 146 Coroner; compensation and expenses; change certain provisions .........................HB 615 Erk Russell Highway; designate portions of SR 26 ...............................................HR 147
BURKE COUNTY Board of Education; compensation; change provisions .........................................HB 685 Sheriff; change compensation ................................................................................ SB 311
BUSINESS AND OCCUPATION TAXES Excise tax; public accommodation furnishings; change certain provisions...........HB 302 Excise tax; public accommodation furnishings; change certain provisions...........HB 607 Hotel motel tax; definitions; change certain provisions .........................................HB 374 Specific, business, and occupation taxes; corporate net worth tax; repeal...............HB 67
BUTTS COUNTY; Lt. Carl Kelly Memorial Highway; dedicate ...........................HR 526
BYRON, CITY OF; corporate limits; change .........................................................HB 848

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5041

C
CALHOUN COUNTY Charles and Mary Cowart Bypass; designate portion of SR 45 Alternate .............HR 469 South Georgia Regional Information Technology Authority Act; enact ...............HB 804
CAMDEN COUNTY; Redevelopment Powers Law; authorize..............................HB 266
CANDIDATES Elections; hearings challenging candidate's qualifications; provisions....................HB 60 Georgia Public Financing for State-wide Judicial Office Campaign Act; enact .............................................................................................................HB 102
CANTON, CITY OF City of Canton Community Improvement District Act; enact ...............................HB 792
CARNESVILLE, CITY OF; corporate limits; change...........................................HB 731
CARROLL COUNTY Advisory referendum election; county manager; provisions..................................HB 677 Ralph Lively Memorial Highway; dedicate ...........................................................HR 531 Sales tax; educational purposes distribution; provide method ...............................HB 223
CARTERSVILLE, CITY OF; Redevelopment Powers Law; authorize................HB 698
CELLULAR TELEPHONES Drivers' licenses; instruction permit and Class D; mobile phones; prohibit use ..............................................................................................................HB 4 Drivers' licenses; instruction permit and Class D; mobile phones; prohibit use ..........................................................................................................HB 174 House Study Committee on Cellular Phone Contract, Billing, and Rebate Practices; create ...................................................................................................HR 205 Motor vehicles; wireless communication devices; provisions ...................................HB 5 School bus drivers; certain cellular phone use; prohibit.........................................HB 612

CHAPLAINS, HOUSE OF REPRESENTATIVES Adams, Pastor Joanna......................................................................................... Page 1849 Beltzer, Reverend Denise ..................................................................................... Page 977 Bowen, Dr. David ................................................................................................. Page 150 Brock, Pastor Tony ............................................................................................... Page 365 Bryant, Reverend Donald ................................................................................... Page 1917 Carson, Reverend Ken .......................................................................................... Page 279 Edwards, Pastor Daniel....................................................................................... Page 1363

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5042

INDEX

Flowers, Chaplain Ben.......................................................................................... Page 414 Goodman, Rev. Charles E. ................................................................................... Page 389 Gregory, Reverend Wilton D. .............................................................................. Page 640 Guido, Dr. Michael ............................................................................................... Page 238 Gunn, Reverend Reginald..................................................................................... Page 779 Hargis, Reverend Gary ......................................................................................... Page 136 Harris, Pastor Claude, Sr. .................................................................................. Page 1879 Hawley, Reverend Martin..................................................................................... Page 890 Jolly, Dr. Robert ................................................................................................... Page 181 Jones, Pastor Butch............................................................................................. Page 1794 Lipsker, Rabbi Zalmar ........................................................................................ Page 1739 McCoy, Pastor Tim............................................................................................. Page 1993 McDonald, Reverend Timothy ............................................................................. Page 339 Morgan, Reverend Mike......................................................................................... Page 91 Morton, Bishop Paul S.......................................................................................... Page 107 Moss, Rev. Marvin ............................................................................................... Page 529 Nix, Pastor Jess..................................................................................................... Page 602 Parker, Pastor Fred.............................................................................................. Page 2642 Payne, Captain Joshua ........................................................................................ Page 2702 Rees, Pastor Ed ..................................................................................................... Page 441 Roberson, Reverend Joseph................................................................................ Page 3760 Rogers, Reverend Bob .......................................................................................... Page 204 Schofield, Pastor Steve ............................................................................................. Page 1 Sheets, Dr. Herchel ............................................................................................... Page 163 Sommers, Reverend Mark ...................................................................................... Page 83 Tate, Dr. Benny..................................................................................................... Page 261 Taylor, Dr. David.................................................................................................. Page 698 Vernon, Dr. Joe..................................................................................................... Page 503 Walker, Reverend Richard.................................................................................... Page 193 Walters, Reverend Steven................................................................................... Page 3429 Walton, Pastor Terry............................................................................................. Page 557 White, Reverend Robert C., Jr.............................................................................. Page 311 Wilson, Pastor Dallas C........................................................................................ Page 216
CHARITIES AND CHARITABLE SOLICITATIONS Ad valorem tax; certain charitable institutions; clarify exemption ........................HB 445 Certain nonprofit organizations; certain noncash prizes; allow give away............HB 259
CHARLTON COUNTY Board of education districts; change provisions.....................................................HB 723 Board of elections and registration; create .............................................................HB 744

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INDEX

5043

Commissioner districts; change provisions ............................................................HB 724 Public property; authorize conveyance...................................................................HR 369
CHATHAM COUNTY Certain judges; change compensation ....................................................................HB 499 County surveyor; provisions...................................................................................HB 818 Public property; authorize conveyance...................................................................HR 369
CHATTOOGA COUNTY Provide homestead exemption; based on income for certain residents................. SB 242
CHEROKEE COUNTY; Parks and Recreation Authority; repeal Act ..................HB 403
CHILD CUSTODY (Also, see Domestic Relations or Parent and Child) Care of a Grandchild Act; provide subsidy to certain grandparents raising grandchildren under certain circumstances................................................ SB 88 Child custody proceedings; parental rights; provisions..............................................HB 3 Domestic relations; child custody proceedings; provisions ...................................HB 369
CHILDREN AND YOUTH (Also, see Minors) Child Advocate, Office of; provide confidentiality of records............................... SB 128 Community Health, Department of; PeachCare; eligibility verification services; require ...................................................................................................HB 396 Early Care and Learning, Department of; day-care centers and others; transfer duties to.......................................................................................HB 591 Foster Parents Bill of Rights; children who are privately placed; provide administrative hearing for aggrieved parties .......................................... SB 188 Juvenile courts; hearings; change certain provisions; Division of Family and Children Services; provide certain requirements .........................HB 153 PeachCare for Kids Program; state appropriations; provide ..................................HB 236 PeachCare for Kids Protection Act of 2007; enact.................................................HB 620 PeachCare for Kids Protection Act of 2007; enact.................................................HB 625 PeachCare; threshold income amount for eligibility; revise ..................................HB 340 Social services; recovery of assistance from liable third parties; change certain provisions.....................................................................................HB 505 State Children's Health Insurance Plan; urge Congress to provide funding.............HR 13 The Children's Health Insurance Act; enact ...........................................................HB 324
CHIROPRACTORS Chiropractors; define/redefine terms; scope of practice; change criminal penalties for unlicensed practice of chiropractic................................... SB 102
CITY COURTS (See Courts or Municipalities)

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5044

INDEX

CIVIL PRACTICE Civil practice process; gated and secured communities; provide for service ............................................................................................................HB 292 Dispossessory Proceedings; clarify the process for judgments by defaults; definitions........................................................................................... SB 94 Domestic relations; child custody proceedings; provisions ...................................HB 369 Offenses; seizure of motor vehicles by person to facilitate sexual offenses .......... SB 219 Professional malpractice charges; affidavit; change certain provisions.................HB 221 State court proceedings; first time; death sentence; change certain provisions.............................................................................................................HB 578
CLARKE COUNTY State Court of Athens-Clarke County; office of the clerk; revise provisions ..................................................................................................HB 215
CLARKESVILLE, CITY OF; new charter............................................................ SB 227
CLARKSTON, CITY OF; change corporate limits ............................................... SB 152
CLAYTON, CITY OF Magistrate Court; chief magistrate; provide annual salary increases.....................HB 703 Sheriff; compensation; change provisions..............................................................HB 704
CLINCH COUNTY Board of elections and registration; create .............................................................HB 555 Probate and Magistrate Courts of Clinch County; same judge; January 1, 2009; provide......................................................................................HB 206
CLINICAL LABORATORIES Georgia HIV Pregnancy Screening Act of 2007; enact..........................................HB 429
COBB COUNTY Board of Commissioners; change compensation....................................................HB 624 Board of Education elections; school attendance zones; repeal required procedures..............................................................................................HB 382 Board of Education; school attendance zones; revise procedures..........................HB 539 Cobb County Commission on Children and Youth; re-create................................HB 814 Cobb County-Marietta Water Authority; members and chairperson; provide pay increase ............................................................................................HB 819 Probate Court; chief investigator and others; change compensation......................HB 600 Probate Court; judge and clerk; change compensation ..........................................HB 621

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INDEX

5045

Public Property; conveyance; granting of easements for facilities, utilities 6 counties ................................................................................................ SR 249
Special license plates; Cobb County Public Schools; provide ...............................HB 671 State Court; change compensation of judges.......................................................... SB 247 State Court; change compensation of solicitor-general.......................................... SB 248 State Court; clerk and chief deputy clerk; change compensation...........................HB 537 State Court; judges; change compensation.............................................................HB 820 State Court; solicitor-general and assistant solicitors; change
compensation .......................................................................................................HB 821 Superior court judges; provide supplement ............................................................HB 623 Superior court; deputy clerk; change compensation...............................................HB 780 Tax collector and receiver offices; certain employees; change
compensation .......................................................................................................HB 538
COBB JUDICIAL CIRCUIT Cobb, Cordele, Dublin, Enotah, and Gwinnett Judicial Circuits; additional superior court judge; provide..............................................................HB 118
CODE OF GEORGIA School Bus Safety Week; declare...........................................................................HB 790
COFFEE COUNTY City and municipal elections; provisions................................................................HB 682 Municipal elections; provisions..............................................................................HB 681 Municipal elections; provisions..............................................................................HB 680 Municipal elections; provisions..............................................................................HB 683 Public property; authorize conveyance...................................................................HR 369
COLLEGES Board of Regents; Georgia Aviation and Technical College; transfer positions..................................................................................................HB 891 Board of Regents; urge to establish intercollegiate wrestling programs................HR 246 Georgia Higher Education Savings Plan; certain college savings plans; change certain provisions..........................................................................HB 225
COLQUITT COUNTY Board of Education; nonpartisan elections; provide ..............................................HB 191 State Court judge; practice of law; prohibit............................................................HB 349
COLUMBIA COUNTY Authorize to exercise all redevelopment/other powers .......................................... SB 317 Major Byron S. McGuire, Sr. Memorial Bridge; dedicating.................................. SR 357 Public property; authorize conveyance...................................................................HR 369

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5046

INDEX

COLUMBUS, CITY OF; Redevelopment Powers Law; authorize ........................HB 320
COMMEMORATIVE RESOLUTIONS AND DESIGNATIONS Bailey, Jackson; dedicate SR 278 through Rutledge................................................HR 45 Billy Lancaster Memorial Highway; dedicate........................................................HR 423 Bohler, Dr. Charles Emory; designate portions of SR 26 ......................................HR 146 Charles and Mary Cowart Bypass; designate portion of SR 45 Alternate .............HR 469 Ed Echols Memorial Highway; dedicate ................................................................HR 130 Eddie Wiggins Bridge; Houston County; dedicate ................................................ SR 104 Edgar Stamey Memorial Interchange; dedicate......................................................HR 242 Edward Sidney "Dick" Chambers Memorial Highway; dedicate ..........................HR 321 Elbert Shaw, Jr. Regional Youth Detention Center; designate ................................HR 21 Emmett Henry Austin Memorial Bridge; dedicate................................................. SR 136 Erk Russell Highway; designate portions of SR 26 ...............................................HR 147 Georgia's High Tech Corridor; certain portion; remove designation; Golden Isles Parkway; dedicate...........................................................................HR 201 Gerald Dasher Memorial State Farmers' Market; dedicate ....................................HR 524 Hospitality Highway; dedicate GA 400..................................................................HR 195 Human Resources, Dept. of; urged to name district health office building at Northwest Georgia Regional Hospital in honor of Dr. Raymond F. Corpe........................................................................................... SR 87 Joe Lee Thompson Highway; redesignate portions of I-285......................................HR 5 L. M. Moye, Jr. Memorial Bridge; Stewart County; dedicate.................................. SR 63 Lt. Carl Kelly Memorial Highway; dedicate ..........................................................HR 526 Major Byron S. McGuire, Sr. Memorial Bridge; dedicating.................................. SR 357 Memorial Drive; redesignate portions of SR 154 and SR 10.....................................HR 4 Paul Keenan Parkway; Dougherty County; dedicate ............................................. SR 229 Phil Walden Memorial Interchange; dedicating..................................................... SR 301 Portrait of Ms. Coretta Scott King; Capitol Arts Standards Commission; urge ......................................................................................................................HR 376 POW Julian Abel Memorial Bridge; dedicating .................................................... SR 296 Ralph Lively Memorial Highway; dedicate ...........................................................HR 531 Rosa Parks and others; portraits in the state capitol; authorize ..............................HR 121 SFC Nathan B. Simmons and SSGT James Q. Simmons Memorial Bridge; dedicate ...................................................................................................HR 414 SGT David Samuel Collins Memorial Interchange; dedicate ..................................HR 88 Sgt. Kelley L. Courtney Interchange; dedicate.......................................................HR 349 Sheriff D. J. Connell Memorial Highway; dedicate ...............................................HR 468 State highway system; certain portions; dedicate...................................................HR 171 Statue of Zell Bryan Miller; Capitol Arts Standards Commission; urge..................HR 16 Tom Scott Interchange; dedicate ............................................................................HR 212

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5047

Walter E. "Eddie" Elder Interchange; Barrow County; dedicate .............................HR 14 William H. "Sonny Boy" Skipper Maintenance Headquarters; dedicate ................. SR 68
COMMEND, ETC. 116th Air Control Wing of the United States Air Force; commend.........................HR 27 2007 Year of Aviation in GA; Ben Epps; father of aviation in GA; recognize................................................................................................................HR 26 24th Annual Association of Educators Legislative Conference; recognize ...........HR 513 25x'25 National Organization; commend ...............................................................HR 926 4-H Clubs of Georgia; recognize and invite certain officials to House .................HR 204 Aaron, Tommy; birthday and professional achievements; honor ..........................HR 140 Abbott, Matthew Clements; Eagle Scout; commend .............................................HR 730 Absher, John Hall, Jr.; Eagle Scout; commend ......................................................HR 762 Adams, Mrs. Juanita K.; commend ........................................................................HR 339 Adams, Pamela Bray; commend ............................................................................HR 332 "Africa Day" in Georgia; recognize .......................................................................HR 992 "Africa Day"; recognize and invite certain officials to House ...............................HR 372 "Airborne Heritage Day"; August 16, 2007; recognize .........................................HR 845 Allen, Kathryn G.; commend .................................................................................HR 160 Allison, Casey Glen; Outstanding Scholar; commend .........................................HR 279 Allred, Caleb; Trion High School Debate Team; commend ..................................HR 920 Alpharetta Elementary School building; 50th anniversary; celebrate....................HR 630 Altama Elementary School; Glynn County Golden Rule Award winners; commend...............................................................................................HR 795 American Legion Post 105; commend ...................................................................HR 759 American Probation and Parole Association; commend ........................................HR 190 American Red Cross; American Red Cross Month in Georgia; March, 2007; commend .......................................................................................HR 235 American Shore and Beach Preservation Association; commend ...........................HR 62 Andrews, Dr. Susan; commend and invite to House................................................HR 19 Angel, Eric Lewis; commend .................................................................................HR 903 Aniakou, Madje M.; Outstanding Scholar; Atlanta Metropolitan College; commend ...............................................................................................HR 282 Arc Cobb; commend...............................................................................................HR 963 Armstead, Larry; Holly Carver; Clayton County; STAR student and teacher; commend .........................................................................................HR 986 Armstrong Atlantic State University moot court team; commend.........................HR 221 Armuchee Middle School Student Council; commend ..........................................HR 994 Arrington, Christa; 2008 Dearing Elem. School Teacher of the Year; commend..............................................................................................................HR 588 Athens Banner-Herald; 175th birthday; commend.................................................HR 862 Athens YMCA; 150th anniversary; celebrate ......................................................HR 1003 Atlanta Fixture & Sales Company, Inc.; commend..................................................HR 95

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5048

INDEX

Autism Speaks Foundation; Annual Walk for Autism in Atlanta; May 19, 2007; recognize .....................................................................................HR 940
Babcock, Kenneth; commend.................................................................................HR 116 Bahl, Roy; commend ..............................................................................................HR 641 Bahr, Bill; retirement; commend ............................................................................HR 138 Baker, Ray; Jefferson High School Star Student 2006-2007; commend ...............HR 343 Ball, Professor Milner S.; commend ......................................................................HR 671 Banks, Carrington; commend .................................................................................HR 764 Banks, Carrington; commend and invite to House.................................................HR 620 Barlow, Ruby H.; Outstanding Scholar; Bainbridge College; commend...............HR 284 Barrett, Jamie Marie Bevilacqua; commend ........................................................HR 1009 Bartley, John Walker; birth; celebrate....................................................................HR 622 Batchelor, Sherri; commend ...................................................................................HR 428 Bell, Blake Aaron; Eagle Scout; commend ............................................................HR 269 Benton, Reverend Michael; commend ...................................................................HR 616 Bentsen, Alan; commend........................................................................................HR 814 Bingham, Paul; commend.......................................................................................HR 699 Bishop, Mrs. Vivian Creighton; commend.............................................................HR 132 "Black Contractors Day"; February 1, 2007; commend and
invite to House .....................................................................................................HR 126 Black, Jeremy Daniel; Eagle Scout; commend ......................................................HR 155 Black, Jeremy Daniel; Eagle Scout; commend ......................................................HR 234 Blacksburg, Virginia; express regret ......................................................................HR 943 Blairsville Scottish Festival and Highland Games; commend ...............................HR 761 Blue Ridge Mountain Adventure Race, 2007; recognize.......................................HR 256 "Boys & Girls Club Day in Georgia"; March 23, 2007; recognize........................HR 545 Brandon, Theodora Lee; Outstanding Scholar; Middle Georgia
College; commend ...............................................................................................HR 304 Breck, Rebekah Lynn; commend ...........................................................................HR 740 Bremen High School Varsity Cheerleading Squad; commend
and invite to the House .........................................................................................HR 54 Brinkley, Austin Cole; Big Bend Regional Spelling Bee Champion;
recognize..............................................................................................................HR 879 Britt, Brigette; commend ........................................................................................HR 552 Brock, Pastor Tony; commend ...............................................................................HR 327 Brown, David; Outstanding Scholar; Georgia State University; commend...........HR 299 Brown, Robyn; commend.......................................................................................HR 707 Brown, Thomas Dixon "T.D."; commend .............................................................HR 602 Brumby, Martha Lee Pratt; commend ....................................................................HR 651 Bryant, Mr. Gerald; retirement; commend .............................................................HR 222 Buckhead Coalition; Ethanol fuel production; commend ......................................HR 853 "Buddy Poppy Day"; VFW Post 4911; Floyd County; commend ........................HR 907 Buehler, Officer Matthew; 2006 Officer of the Year; commend ...........................HR 197

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INDEX

5049

Burdick, Trevor; commend.....................................................................................HR 914 Burgess, Kenya; commend .....................................................................................HR 953 Burham, Ms. Leigha; commend .............................................................................HR 905 Burnette, James; commend.....................................................................................HR 749 Burns, Glenn; commend and invite to House.........................................................HR 148 Burroughs-Molette Elem. School; Glynn County Golden Rule
Award winners; commend ...................................................................................HR 822 Bush, President; Congress; GA General Assembly; energy relief;
commend..............................................................................................................HR 169 Butler, Jon; commend.............................................................................................HR 437 Butler, Mr. and Mrs. Delano; fiftieth wedding anniversary; commend .................HR 491 Byrd, Lu Frier; commend .......................................................................................HR 708 Cain, Heather; Shiloh Elementary School Teacher of the Year; commend ...........HR 652 Caldwell, Kris; commend .......................................................................................HR 549 Callaway, Bo; lifetime of achievement and service; commend ............................HR 262 Campbell High School's Advanced Placement Certified School
status; recognize...................................................................................................HR 625 Campbell Middle School's Advanced Placement Certified School
status; recognize...................................................................................................HR 626 Caregivers; mothers of children with developmental disabilities;
commend..............................................................................................................HR 144 Caribbean American Heritage Month; recognize...................................................HR 765 Caribbean American Heritage Month; recognize...................................................HR 978 Carlan, Sarah; commend.........................................................................................HR 782 Carlos, Mrs. Eula Caras; commend ......................................................................HR 1004 Carpenter, Danny; commend ....................................................................................HR 52 Carr, Erika; commend.............................................................................................HR 179 Carroll County Chamber of Commerce; commend................................................HR 176 Carson, Dr. Benjamin; commend ...........................................................................HR 884 Carter, Andrea; commend.......................................................................................HR 812 Carter, Bishop C.L., Sr.; First Lady Deborah V. Carter; commend.......................HR 270 Carter, Doreen; commend.......................................................................................HR 769 Carter, Mr. Joseph Talmadge "J.T." & Mrs. Zena Cannon Carter;
honor anniversary ................................................................................................HR 194 Caruso, Rachel; David, Stephen; Henderson, Jordan; Youngblood,
Cameron; commend...............................................................................................HR 84 Carver State Bank; commend .................................................................................HR 268 Castellaneta, Giovanni; Ambassador of Italy; recognize and
invite to House .....................................................................................................HR 276 "Catholic Day at the Capitol"; February 27, 2007; recognize................................HR 416 Celebrate Life International; Teach One to Lead One program; commend...........HR 506 Chambliss, U.S. Senator Saxby; commend and invite to House ...........................HR 243 Chamlee, John & Adele; 60th wedding anniversary; congratulate ......................HR 1002

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5050

INDEX

Chaney, Kayla; commend and invite to House ......................................................HR 593 Chang, Yollande S.; Outstanding Scholar; commend ............................................HR 308 Cheeley, Margaret; commend.................................................................................HR 328 Cherry, Alan Richard; Eagle Scout; commend ......................................................HR 255 Chesshire, Mr. Skip; Superior Court Administrator; commend...............................HR 64 Children's Healthcare of Atlanta; commend.............................................................HR 74 China, People's Republic of; cooperation; Zhou Wenzhong;
invite to House .....................................................................................................HR 226 Chipoco, Officer Carlos; Clarkston Police Department; commend .......................HR 931 Christian Beginnings Preschool and Kindergarten; commend...............................HR 754 Citizens Bank of Swainsboro 2006-2007 Student Advisory
Board; commend .................................................................................................HR 843 Civic education in public schools; commend .........................................................HR 855 Clark, Nancy; commend .........................................................................................HR 488 Clark, Rick; commend ............................................................................................HR 450 Clark, Thad; commend ...........................................................................................HR 709 Clarkston International Chaplains Corps; commend..............................................HR 797 Clayton County STAR students and STAR teachers; commend ...........................HR 573 Clayton State University Lady Lakers; commend and invite to House .................HR 667 Clayton State University Lakers Men's basketball team; commend ......................HR 783 Clergy Day at the Georgia State Capitol; commend ..............................................HR 760 Cleveland, Anna; commend ...................................................................................HR 967 Clotfelter, Kathi; commend ....................................................................................HR 841 Cobb County Prayer Breakfast; commend .............................................................HR 972 Cole, Mr. Lonnie; retirement; commend ................................................................HR 361 Collins Hill High School Eagles girls basketball; commend
and invite to House ..............................................................................................HR 532 Collins, Dr. Hamilton; commend ...........................................................................HR 773 Collins, Mr. Royce Everett; commend ...................................................................HR 946 Columbia All Star Team; Dixie Youth Baseball "O" Zone World
Series; commend....................................................................................................HR 94 Columbus Northern Little Leaguers; congratulate and invite to House...................HR 18 "Community Health Centers Day"; February 1, 2007; recognize ..........................HR 117 Conklin, Vincent; commend...................................................................................HR 776 Conn, Thomas Richard "Rick", Sr.; commend.......................................................HR 877 Cooper, William Curt, Jr.; commend .......................................................................HR 80 Cordele-Crisp County Fish Fry; commend ............................................................HR 371 Coretta Scott King Day; Georgia; declare..............................................................HR 686 Cottrell, Mike and Lynn; commend .......................................................................HR 809 Council on American Indian Concerns; commend.................................................HR 558 Cowan, Mrs. Janet; 90th birthday; commend.........................................................HR 392 Crawford, Linda R.; commend ...............................................................................HR 438 Crosswhite, Ginger; Barrow County Teacher of the Year; commend ...................HR 461

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INDEX

5051

Crozier, Justin; commend .......................................................................................HR 653 Cucchi, Bob; commend ..........................................................................................HR 388 Dahlonega Gold Museum; commend .....................................................................HR 571 Dailey, Farrie; commend ........................................................................................HR 952 Daniel, Randy; commend .......................................................................................HR 433 Daniels, Jikeme; commend.....................................................................................HR 188 Daugherty, Melissa K.; Outstanding Scholar; Valdosta State
University; commend...........................................................................................HR 318 Davenport, Douglas William Wayne (Doug); commend .......................................HR 254 David Emanuel Academy Eagles basketball team; commend ...............................HR 672 Davis, Mr. John; Davis family; commend..............................................................HR 101 Davis, Ryan Scott; eighteenth birthday; commend .................................................HR 25 Davis, Vicki A.; Flat Classroom Project; congratulate ..........................................HR 344 Dawson County; sesquicentennial anniversary; celebrate .....................................HR 164 Day, Britt; commend ..............................................................................................HR 448 Day, Madison Noelle; first birthday; commend .....................................................HR 976 Day, Robert Lewis; commend ................................................................................HR 904 Daylily Society, Cobb County; commend..............................................................HR 962 deBeaugrine, Charlie and Jo; golden wedding anniversary; commend .................HR 924 DeLoach, Graham; commend.................................................................................HR 604 "Delta Sigma Theta Day"; commend and invite sorority representatives
to House ...............................................................................................................HR 530 "Dental Hygienists' Appreciation Day"; commend ................................................HR 275 Deremer, Jeremy; commend.....................................................................................HR 35 Deremer, Joshua; commend......................................................................................HR 34 Devine, Tiffany; Georgia Art Education Association; commend ..........................HR 364 Dickerson Middle School; commend .....................................................................HR 407 Dighton, Alan; New London School of Driving; commend ..................................HR 748 Dillard, Anna Marie; commend..............................................................................HR 336 Dixon, Ann; commend............................................................................................HR 445 Dobbs, Mr. Byron L.; commend.............................................................................HR 933 Dodge County High School Japanese language classes; congratulations ..............HR 734 Dodgen Middle School; commend .........................................................................HR 405 Doughtry, Mr. William; commend .........................................................................HR 901 Douglass, Sunday; commend .................................................................................HR 770 Dowdy, Daniel; commend ......................................................................................HR 698 "Drinking Water Security Day"; January 29, 2008; recognize ..............................HR 883 Dublin H.S. Fighting Irish football; '06 Class AA Champions;
invite to House .....................................................................................................HR 227 Dublin High School Fighting Irish football team; congratulate.............................HR 635 Dudley, Robin; 2008 Thomson High School Teacher of the Year;
commend..............................................................................................................HR 587 Duffey, Jefferson; commend ..................................................................................HR 460

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5052

INDEX

Duthler, Samantha; commend ................................................................................HR 710 Duvall, John; commend ..........................................................................................HR 696 Duvall, Vincent "Zippy"; commend .......................................................................HR 265 Duvall, Zeb; commend ...........................................................................................HR 697 Dzimianski, Lisa; commend ...................................................................................HR 582 Easley, Jimmy; commend.......................................................................................HR 691 East Hall High School girls basketball team; commend and
invite to House .....................................................................................................HR 621 East Side Elementary School; commend................................................................HR 401 East, Michael Patrick; Outstanding Scholar; Kennesaw State
University; commend...........................................................................................HR 301 Edwards, Linda; commend .....................................................................................HR 640 Effingham Chamber of Commerce; commend.......................................................HR 693 Elder, David; arrival in Georgia; bicentennial anniversary; recognize ..................HR 224 Eleam, Allen "Butch"; Volunteer Firefighter; commend .......................................HR 921 Ellington-Smith, Ina Ruth; 90th birthday; congratulations ....................................HR 186 Ellwood, Marti; commend ......................................................................................HR 548 Elrod, Bobby; commend...........................................................................................HR 67 Emergency Medical Services (EMS) Week; first responders; commend ..............HR 267 English, Mrs. Tiffany; commend............................................................................HR 217 Ensuring the Health and Humanity of Pregnant and Birthing
Women Day; January 19, 2007; recognize............................................................HR 17 "Epilepsy Awareness Day"; February 9, 2007; recognize .....................................HR 175 Estes, Robert; commend .........................................................................................HR 711 Etowah High School Eagles football team; commend ...........................................HR 214 Etowah High School Lady Eagles cross country team; commend.........................HR 215 Etowah High School Lady Eagles swim team; commend......................................HR 216 Ezell, Pastors Reginald and Wanta'; commend ......................................................HR 800 Faircloth, Miss Brittanie Lenice; 2007 Georgia Watermelon
Queen; commend ................................................................................................HR 379 Family Day; state capitol; Feb. 10, 2007; gratitude to contributors;
recognize..............................................................................................................HR 225 Farriba, Alex; commend .........................................................................................HR 637 Faulkner, Dawn; commend.....................................................................................HR 870 Faulkner-Holley, Gwendolyn; commend ...............................................................HR 341 Fayette County Branch; N.A.A.C.P.; tenth anniversary; commend ......................HR 751 Ferguson, Sheryl; 2008 W.C. Britt Elementary Teacher of the Year;
commend..............................................................................................................HR 477 Ferrara, Maj. Vincent (Ret.); commend .................................................................HR 638 Ferraro, Geraldine Anne; commend .......................................................................HR 522 Ferraro, Geraldine Anne; commend and invite to House.........................................HR 89 Firefighters of Georgia; Firefighters' Recognition Day; commend..........................HR 66 First Presbyterian Day School Cross Country Team, 2006; commend..................HR 492

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INDEX

5053

Fisher, James Avera; commend................................................................................HR 33 Fitch, Frank, Jr.; honor ...........................................................................................HR 732 Flowers, Mrs. Clara Mae; congratulate ..................................................................HR 781 Fludd, Brendon Kelly; high school graduation; commend ....................................HR 632 Fluke, Katherine Clair; Outstanding Scholar; Georgia Institute
of Technology; commend ....................................................................................HR 287 Foor, Miss Hannah Rachel; commend ...................................................................HR 556 "Forestry Day at the Capitol"; February 1, 2007; recognize
and invite to House ...............................................................................................HR 92 Forsyth, Mr. Robert Morrison; outstanding Georgia citizen; commend ................HR 991 Foster care organizations; commend and invite leadership to House ....................HR 472 Fowler, Alan; commend .........................................................................................HR 555 Fox, Millicent; commend .........................................................................................HR 78 Foxhound, July; historical marker; Hancock County; recognize ...........................HR 724 Franklin County 4-H Horsemanship Team; commend ..........................................HR 677 Franklin Delano Roosevelt Day; declare................................................................HB 737 Friedmann, Dr. Robert R.; Georgia State University; commend ...........................HR 617 Fryer, Colonel Gwendolyn; commend .................................................................HR 1005 GA Rural Health Association; "Rural Health Day"; February 13, 2007;
recognize ..............................................................................................................HR 232 Gainesville Church of God; 75th anniversary; congratulate ..................................HR 753 Gardner, G. Max; Baxley News-Banner; commend...............................................HR 985 Gault, Mrs. Paula H.; service to Forsyth County School System;
retirement; commend ...........................................................................................HR 207 Gaynor, Mr. Norris; commend ...............................................................................HR 738 Gaynor, Mr. Norris; retirement; commend.............................................................HR 266 General John Brown Gordon memorial statue; 100th anniversary;
celebrate ...............................................................................................................HR 705 Geoffrion, Officer Geoffrey S.; Clarkston Police Department; commend.............HR 930 George Walton Academy literacy & music, one act play and
debate teams; commend.......................................................................................HR 961 Georgia Associations of Health Underwriters; commend and
invite to House .......................................................................................................HR 91 Georgia Career and Technical Student Organizations Day; recognize ..................HR 192 "Georgia Chamber of Commerce Business Day"; February 15, 2007;
recognize..............................................................................................................HR 249 Georgia Chemistry; commend................................................................................HR 325 Georgia Farm Bureau Federation; commend and invite to the House .....................HR 53 Georgia Great Steak Cook-off Championship competition; recognize..................HR 516 Georgia Iris Society; "Iris Day"; April 28, 2007; commend ..................................HR 964 Georgia Optometric Association; InfantSEE program; commend.........................HR 514 Georgia Peach Festival; commend and invite 2006 Peach Queens
to House ...............................................................................................................HR 184

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5054

INDEX

Georgia Radio Reading Service; commend..............................................................HR 65 Georgia Renal Coalition; "Georgia Dialysis Day"; January 31, 2007;
proclaim ...............................................................................................................HR 143 "Georgia Rides to the Capitol Day"; March 6, 2007; proclaim .............................HR 251 Georgia State Patrol; 70th anniversary; commend .................................................HR 529 Georgia veterinarians; commend and invite to House ...........................................HR 105 Georgian families; commend..................................................................................HR 925 Georgia's sustainable and environmentally friendly businesses; commend.............HR 87 "Girls and Women in Sports Day"; Feb. 8, 2007; commend
and invite to House ..............................................................................................HR 145 Glover, Everett Allen; celebrate birth.......................................................................HR 70 Glyndale Elementary School; Glynn County Golden Rule Award
winners; commend...............................................................................................HR 798 Goddard, Bruce; commend and invite to House.....................................................HR 718 Goforth, Jill; principal of New Holland Elementary School; commend ................HR 110 Golden Isles Elem. School; Glynn County Golden Rule Award
winners; commend...............................................................................................HR 794 Golden, Dr. Willie "Bill"; commend and invite to House......................................HR 510 Gooch, Karen Peck; commend and invite to House...............................................HR 521 Goodman, Reverend Charles E., Jr.; Tabernacle Baptist Church;
commend..............................................................................................................HR 890 Goodyear Elem. School; Glynn County Golden Rule Award
winners; commend...............................................................................................HR 820 Gordon, Susan; commend.......................................................................................HR 850 Gordon, Susan; commend and invite to House ......................................................HR 689 Gordon, Susan; invite to House..............................................................................HR 852 Gore, Jared Mikkel; commend ...............................................................................HR 181 Graetz, Miss Jillian; Miss Georgia American Beauty Pageant; commend ............HR 486 Graham, Paul; commend and invite to House ........................................................HR 594 Graves, Charles and Sara Brooks; commend .........................................................HR 942 Greater Atlanta Christian School Spartans girls' basketball team;
congratulate..........................................................................................................HR 752 Greek Orthodox Metropolis of Atlanta; commend ..............................................HR 1001 Green, Reverend Eugene; commend ......................................................................HR 612 Greenbrier High School baseball team; commend and invite to House.................HR 347 Greer Elementary School; Glynn County Golden Rule Award
winners; commend...............................................................................................HR 819 Gregory, Mandy; commend....................................................................................HR 550 Griffin, Cathy; Snellville Middle School Teacher of the Year; commend.............HR 657 Grinstein, Gerald; Delta Air Lines; outstanding leadership; commend .................HR 867 Guanglie, Honorable Mao; Mayor of Ningbo; commend ......................................HR 893 Guido, Dr. Michael; 92nd birthday; congratulate ..................................................HR 125

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INDEX

5055

Guido, Dr. Michael; Guido Evangelistic Association; 50th anniversary; commend..............................................................................................................HR 142
Guisasola, Tony; commend ....................................................................................HR 846 Gunn, Kelli Leigh; Outstanding Scholar; Gainesville State University;
commend..............................................................................................................HR 290 Gwendolyn Keyes Fleming; DeKalb County District Attorney;
commend..............................................................................................................HR 538 Hagedorn, Robert Michael Allen; Outstanding Scholar; commend.......................HR 307 Hall, Mildred and Wayne; 60 years marriage; commend.......................................HR 899 Hallstrom, Barbara; commend................................................................................HR 675 Hancock County Class C boys basketball All Star Team; commend ....................HR 643 Hancock, Ms. Louise Russell; 2007 Distinguished Senior Georgian;
commend .............................................................................................................HR 463 Hand, Carson; commend ........................................................................................HR 480 Hanson, Larry; commend .......................................................................................HR 860 Harpe, Walt; commend...........................................................................................HR 250 Harper, Michael Wayne; Outstanding Scholar; South Georgia
College; commend ...............................................................................................HR 311 Harper, Shirley Ann; Max Harper; Doorkeepers; congratulate..............................HR 678 Harris County High School cheerleaders; commend .............................................HR 139 Harris, John W. III; commend ................................................................................HR 679 Hartmann, Dr. Kamillo F.; "Honorary Citizen of Georgia"; commend .................HR 995 Hatfield, Lt. Gary; Joel Vandiver; Ken Clark; Sterling Strickland;
Chris Boykin; commend ......................................................................................HR 540 Hawkinsville High School Red Devils girls basketball team; commend...............HR 735 Head, Donovan; commend .....................................................................................HR 629 Healan, Christina; commend ..................................................................................HR 337 Hearn, Dorothy "Dolly"; posthumous Doctor of Dental Medicine
degree; commend.................................................................................................HR 391 Helms, Season; Trion High School Debate Team; commend................................HR 916 Henson, Brett Russell; commend ...........................................................................HR 873 Herron, Johnny; commend .....................................................................................HR 628 Hess, Gary; commend.............................................................................................HR 432 Hightower Trail Middle School; commend............................................................HR 398 Hill, Judy; Legislative Fiscal Office; retirement; commend ..................................HR 807 Hinkle, Lieutenant Colonel Michael J.; commend .................................................HR 340 "Historic Preservation Day"; February 13, 2007; recognize ..................................HR 239 Holcolm, Gary; commend ......................................................................................HR 695 Holley, Josh; commend ..........................................................................................HR 968 Hollis, Nellie; commend.........................................................................................HR 712 Holmer, Dale; commend.........................................................................................HR 866 Holmes, Kyle Alan; commend ...............................................................................HR 803 Holston, Bernard, Sr.; commend ............................................................................HR 434

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5056

INDEX

"Home Education Day" at the Capitol; recognize ..................................................HR 223 HomeLife Communities; commend .......................................................................HR 682 HoneyBaked Ham Company; commend ................................................................HR 603 HoneyBaked Ham; commend.................................................................................HR 804 Honor, Lieutenant General Russel L.; commend .................................................HR 151 Hood, Paul Charles "Charlie"; commend ...............................................................HR 650 Hooks, Chelsie B.; Outstanding Scholar; East Georgia College; commend..........HR 292 Hou, Liang; commend ............................................................................................HR 871 House Interns; 2007 Session; commend.................................................................HR 874 House temporary employees; 2007 Regular Session; commend ...........................HR 875 Howard, Emmie Claire; Reagan Elizabeth Hardy; commend................................HR 687 Howell, Richard K.; Outstanding Scholar; Macon State College;
commend..............................................................................................................HR 302 Hudson, Jaree; Outstanding Scholar; Armstrong Atlantic State
University; commend...........................................................................................HR 281 Huff, Dr. Connie M.; commend .............................................................................HR 314 Hughes, Mrs. Mary Sallie Clark; commend ...........................................................HR 537 Hunt, Marsha; commend ........................................................................................HR 443 Hunter, Coach Dave; congratulate..........................................................................HR 658 Hunter, Kimberly; 2008 Thomson Elem. School Teacher of the Year;
commend..............................................................................................................HR 586 Hunter, Nancy; commend.......................................................................................HR 713 Hunter, Tori; Georgia Art Education Association; commend................................HR 365 Hurt, Patricia; commend.........................................................................................HR 439 Hyatt Regency Atlanta; 40th anniversary; recognize .............................................HR 674 Imagine Wesley International Academy; commend ..............................................HR 639 Jackson, Douglas Michael; Outstanding Scholar; University of Georgia;
commend..............................................................................................................HR 309 Jackson, Marvin; commend ....................................................................................HR 378 Jackson, Monique; commend .................................................................................HR 553 James, Primus T.; 5th Deputy; Orient of Georgia; commend ................................HR 381 Jaquier, Allison; commend .....................................................................................HR 452 Jaquier, Allison; commend .....................................................................................HR 714 Jefferson High School wrestling team; Class A champions; commend.................HR 518 Jennette, Emily; commend and invite to the House of Representatives ................HR 824 Jennings III, Mr. Phillip; commend and invite to House .........................................HR 44 Jennings, Paul and Edna; 50th wedding anniversary; commend ...........................HR 163 Jensen, Lounell B.; commend.................................................................................HR 839 Jesup High School baseball team; 1967 State Champion; commend.....................HR 539 Jimmerson, Linda Williams; commend....................................................................HR 37 John Hancock Academy; commend .......................................................................HR 923 Johnigan, Dionne; commend ..................................................................................HR 816 Johnson, Taylor R.; commend ................................................................................HR 218

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INDEX

5057

Jones County, Georgia; 200th anniversary; celebrate ...........................................HR 503 Jones, Carlos; commend .........................................................................................HR 772 Jones, Ellen; commend ...........................................................................................HR 778 Jones, Jonathan Cory; commend ............................................................................HR 476 Jones, Ms. Gail; commend......................................................................................HR 909 Jones, Private First Class Christopher Allen; commend ........................................HR 676 Jones, Sam; commend ............................................................................................HR 681 Jones, Thomas; commend.......................................................................................HR 429 Jones, Yoshana; Outstanding Scholar; Albany State University;
commend..............................................................................................................HR 280 Jonesboro High School mock trial team, 2007; commend and
invite to House .....................................................................................................HR 717 Jonesboro High School mock trial team; commend...............................................HR 929 Junction City Baptist; centennial anniversary; celebrate........................................HR 928 Kachmar, Charles; commend .................................................................................HR 551 Kaiser Permanente of Georgia; commend..............................................................HR 240 Kanzler, Jennifer M.; Outstanding Scholar; Georgia Southern University;
commend..............................................................................................................HR 297 Kaplan, Mr. Dave; commend .................................................................................HR 342 Kasbekar, Shoman; State Spelling Bee Champion; commend ..............................HR 736 Keep Georgia Beautiful program; 66 local affiliates; commend............................HR 180 Keith, Toby; musician; commend ..........................................................................HR 178 Kennedy-Gregory family; commend......................................................................HR 832 Kennesaw State University Owls ice hockey team; commend ..............................HR 649 Kenney, Illai; commend..........................................................................................HR 515 Kerr, Police Chief David H.; commend ...................................................................HR 63 King, Kira M.; Outstanding Scholar; Augusta State University; commend ........HR 283 Kirbow, Derek; commend ......................................................................................HR 951 Kittredge Magnet School for High Achievers; commend......................................HR 345 Knieriem, Jacob; commend ....................................................................................HR 763 Korean American Day; January 13, 2007; recognize.................................................HR 6 Kozak, Amanda; congratulate ................................................................................HR 559 Kozak, Amanda; Miss Georgia 2006; commend and invite to House ...................HR 535 Kozak, Amanda; Miss Georgia; 2nd runner-up; 2006 Miss America
pageant; commend ...............................................................................................HR 229 Kunzelman, Cameron; Trion High School Debate Team; commend.....................HR 917 L.E.A.D. Athens and Leadership Oconee; developing community
leaders; recognize ................................................................................................HR 185 Lacy, Shelby; commend ...........................................................................................HR 79 LaFayette High School wrestling team; commend and invite to House ................HR 851 Lake Lanier; 50th anniversary; commend ..............................................................HR 562 Lakeside High School golf team; commend and invite to House ..........................HR 419 LaMattina, John; commend ....................................................................................HR 547

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5058

INDEX

Lamb, Justin; commend..........................................................................................HR 359 Larke, Dr. Charles G.; Richmond County; commend ............................................HR 660 Law Day; State of Georgia; commend ...................................................................HR 977 Leadership Academy for Girls; Oprah Winfrey; commend ...................................HR 520 Leadership Clayton Class of 2007; commend........................................................HR 313 Leavell, Chuck; commend and invite to House........................................................HR 93 Lee, General Robert Edward; bicentennial anniversary of birth; recognize ............HR 28 Lee, Richard Alvin; retirement; honor .....................................................................HR 97 Leonard, Jared David; commend..............................................................................HR 85 Leonard, Joshua Samuel; commend .........................................................................HR 77 Leslie, Logan Michael; Outstanding Scholar; University of
West Georgia; commend .....................................................................................HR 310 Let Us Make Man - The Gathering to Reclaim Black Manhood;
commend..............................................................................................................HR 167 Lewis, Lena; commend...........................................................................................HR 779 Lewis, Ms. Laurie; commend .................................................................................HR 316 Lewis, Myke'la Lee; commend...............................................................................HR 834 Lindley Middle School's Advanced Placement Certified School
status; recognize...................................................................................................HR 627 Little, Hiram A. (Joe); 2007 Distinguished Senior Georgian; commend...............HR 453 Little, Iyonna; recognize.........................................................................................HR 690 "Liturgical Dance Day"; International Dance Commission; commend .................HR 680 Loadholt, Justin Thomas; Outstanding Scholar; Georgia Perimeter
College; commend ...............................................................................................HR 296 Lochbaum, Vickie; Legislative Fiscal Office; retirement; commend ....................HR 805 Long, James; Outstanding Scholar; Darton College; commend ............................HR 293 Long, Sean Thomas; commend ..............................................................................HR 742 Lott, Mr. Francis M.; commend and invite to House .............................................HR 277 Lovejoy, Howard (Chip) Alford IV; commend......................................................HR 238 Lovern, Ed; president and CEO of Piedmont Mountainside Hospital;
commend..............................................................................................................HR 636 Lyle, Terry; commend ............................................................................................HR 435 Lyons, David L.; Chief of Police; Garden City Police Department;
commend..............................................................................................................HR 684 Manchester H.S. Blue Devils basketball team; commend and
invite to House .....................................................................................................HR 607 Manchester H.S. Blue Devils basketball team; commend and
invite to House .....................................................................................................HR 608 Marksmen Quartet, The; 40th anniversary; commend ...........................................HR 868 Marshall, Nancy; recognize ....................................................................................HR 642 Marshpoint Elementary School; commend ............................................................HR 575 Massey, Bob; commend..........................................................................................HR 715 Massey, Dr. Walter E.; commend...........................................................................HR 788

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INDEX

5059

Mathis, Ms. June; commend...................................................................................HR 912 Mattox, Antonio; commend....................................................................................HR 777 Mauldin, Candice; commend..................................................................................HR 451 Maynard, Kyle; commend ......................................................................................HR 329 Maysville Autumn Leaf Festival, 2007; commend ................................................HR 237 McCabe, Michael; commend..................................................................................HR 716 McCollum, Mr. Tommy Mayes; commend............................................................HR 997 McCorvey, Reverend Albert, Sr.; commend ............................................................HR 75 McDaniel, April; commend ....................................................................................HR 988 McGlohon, Mr. John; Mrs. Mary Frances Dubberly McGlohon;
commend..............................................................................................................HR 565 McGowan, Colonel John E.; commend..................................................................HR 863 McHugh, Jennifer; commend .................................................................................HR 969 McIntosh County Public Schools Golden Rule Award Winners;
commend..............................................................................................................HR 780 McKandes, Chrystele; commend............................................................................HR 771 McMichael, Miss Bliss; congratulate and invite to House.......................................HR 42 McMichael, Miss Bliss; Georgia's Junior Miss; commend ...................................HR 634 McWhorter, Joseph; Trion High School Debate Team; commend ........................HR 918 Mearon, Julie; Shiloh High School Teacher of the Year; commend......................HR 648 Melson, Reverend Clinton L.; commend................................................................HR 590 Mercier, Sandra H.; commend................................................................................HR 784 Miller, Cha-Quias; commend .................................................................................HR 700 Milton High School Girls Lacrosse Team; commend and invite to House............HR 618 Mixon, Eunice; commend.......................................................................................HR 965 Mize, Beverly; commend .......................................................................................HR 260 Mize, Beverly; commend .......................................................................................HR 315 Moore, Mr. James "Red"; commend and invite to House ......................................HR 259 Moore, Robert L.; commend ..................................................................................HR 504 Morgan County; bicentennial anniversary; commend ...........................................HR 577 Morlan, Becky; 2008 J.A. Maxwell Elem. School Teacher of the Year;
commend..............................................................................................................HR 584 Morris Brandon Elementary; commend .................................................................HR 922 Morris, Rever; commend ........................................................................................HR 993 Morrison, Bonnie; commend ..................................................................................HR 701 Morton, Bishop Paul Sylvester, Sr.; commend ......................................................HR 560 Moss, Reverend Marvin A.; commend...................................................................HR 831 Mount Bethel Elementary School; commend.........................................................HR 404 Mount Paran Christian School Cheerleading Squad; commend ..........................HR 1010 Mountain View Personal Care Home; commend ...................................................HR 670 Mulcahy, David; 2007 Prudential Spirit of Community Award; commend ..........HR 360 Munson, Larry; Voice of the Georgia Bulldogs; commend and
invite to House .....................................................................................................HR 957

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5060

INDEX

Murdock Elementary School; commend ................................................................HR 403 Murray, Mary; 85th birthday; congratulations .......................................................HR 330 Music, Ernest Kendall, Jr.; commend...................................................................HR 1007 Myers, Madeline; commend ...................................................................................HR 910 Nail, Judith; commend..............................................................................................HR 76 National Federation of Independent Business in Georgia; commend ....................HR 187 National Guard Day in Georgia; GA Army and Air National Guard;
recognize ..............................................................................................................HR 517 National Wildlife Federation's Earth Tomorrow program; commend ...................HR 390 Nease, Lawton McDonald, Jr.; commend ..............................................................HR 611 Neely, Honorable Clayton, Jr.; commend ..............................................................HR 177 Neely, Honorable Clayton, Jr.; life and work; commend.......................................HR 191 Nelson, Andrea; commend .....................................................................................HR 775 New Hope International; commend........................................................................HR 694 New, Cheryl Lynn; Outstanding Scholar; Georgia College; commend .................HR 289 Newcomb, Ron; Smyrna City Councilman; commend ..........................................HR 385 Newcomer, Tracey Hardy; commend.....................................................................HR 335 Newsome, Beth; 2008 Thomson Middle School Teacher of the Year;
commend..............................................................................................................HR 585 Nguyen, Bao Tram; Outstanding Scholar; North Georgia College
and State University; commend...........................................................................HR 306 Nicholson, City of; centennial anniversary; celebrate............................................HR 208 Nicholson, City of; centennial; celebrate ...............................................................HR 519 Ninth District Opportunity; commend....................................................................HR 563 Norcross Elementary School's Empty Bowls dinner; recognize ............................HR 722 Norcross High School Blue Devils basketball team; commend.............................HR 741 North Hall High School Cross Country Team; commend........................................HR 83 North Hall High School; Gainesville; 50th anniversary; recognize.......................HR 864 North Oconee softball team; 2006 Class AA State Champions;
invite to House .....................................................................................................HR 203 Northside High School Eagles; commend and invite to House ...............................HR 43 Northside High School football team; commend ....................................................HR 58 Northview High School girls swim and dive team; commend
and invite to House ..............................................................................................HR 665 Norwood, U.S. Representative Charles Whitlow, Jr., D.D.S.; commend ..............HR 230 Oconee Co. High School softball team; '06 AAA State Champions;
invite to House .....................................................................................................HR 202 Oglethorpe Point Elem. School; Glynn County Golden Rule Award
winners; commend...............................................................................................HR 821 Ogletree, Honorable Laverne; commend................................................................HR 264 O'Hara, Ryan M.; commend ...................................................................................HR 399 O'Hara, Ryan M.; commend ...................................................................................HR 465 O'Kelley, Hayden; commend .................................................................................HR 895

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INDEX

5061

Olens, Mr. Sam; commend .....................................................................................HR 971 Oliver, Mitchell; 2006 Officer of the Year; valiant service; commend .................HR 196 O'Neal, June; commend..........................................................................................HR 878 Orban, Carillon; commend .....................................................................................HR 442 Owens, Star Corporal Reginald; Savannah Metropolitan Police
Department; commend.........................................................................................HR 747 Owens, Sue Ellen; commend..................................................................................HR 818 Pace, Cheri M.; Outstanding Scholar; Dalton State College; commend................HR 294 Pack, Linda; commend ...........................................................................................HR 692 Painter, Nikki; Georgia Art Education Association; commend .............................HR 362 Parker, Hanna; Heritage High School; perfect attendance; commend ..................HR 383 Parker, Ms. Joanne; commend................................................................................HR 358 Parkview High School; commend ..........................................................................HR 737 Parole Reporting Center; commend .......................................................................HR 750 Parris, Nic; commend .............................................................................................HR 913 Partnership for Health and Accountability; commend ...........................................HR 261 Patel, Himali; commend .........................................................................................HR 830 Patterson, Emma Kaitlynn; birth; celebrate............................................................HR 505 Payne, Benjamin Curtis; commend ........................................................................HR 572 Peach County High School Trojans football team; commend
and invite to House ..............................................................................................HR 467 Peachtree Ridge High School Lions football team; commend...............................HR 135 Peachtree Ridge High School Lions football team; commend
and invite to House ..............................................................................................HR 120 Peachtree Ridge High School varsity cheerleaders; commend
and invite to House ..............................................................................................HR 124 Peachtree Ridge High School varsity competition cheerleaders; commend ..........HR 136 Peacock, Jonathan; 2007 Prudential Spirit of Community Award;
commend..............................................................................................................HR 981 Pedde, Mr. Bob; congratulate .................................................................................HR 659 Perry, Corporal Greg; Snellville Police Department; commend ............................HR 739 Perry, Dr. Alan; commend......................................................................................HR 908 Perry, Tyler; commend and invite to House...........................................................HR 418 Pierce County, Georgia; certain citizens; outstanding service; commend .............HR 865 Pilgrim's Pride Corporation; officers; commend....................................................HR 189 Pinion, Max; commend...........................................................................................HR 100 Pinion, Max; commend...........................................................................................HR 326 Platt, Lisa; commend ..............................................................................................HR 842 Police chiefs and other heads of law enforcement agencies; commend...................HR 68 Poole, Mike; commend...........................................................................................HR 915 Pope High School; commend .................................................................................HR 397 Poston, Calvin Sumners; United States Citizenship attainment;
commemorate.......................................................................................................HR 723

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5062

INDEX

Powell, Tonya; commend .......................................................................................HR 578 Price, Thomas A.; commend ..................................................................................HR 574 Pro Cheer Junior Coed and Senior All-Girl teams; commend
and invite to House ..............................................................................................HR 528 Professional Assoc. of Georgia Educators; "PAGE Day on Capitol
Hill"; commend....................................................................................................HR 233 Public health nurses of Georgia; commend............................................................HR 333 Pugh, Evelyn W. Turner; commend .......................................................................HR 131 Punchline Comedy Club; 25th anniversary; commend ..........................................HR 541 Pursley, Gus III; commend .....................................................................................HR 430 Putnam County; bicentennial; commend................................................................HR 546 R.E.M.; Rock & Roll Hall of Fame; Georgia Music Hall of Fame;
commend .............................................................................................................HR 507 "Rachel Carson Day"; May 27, 2007; recognize....................................................HR 466 Ralston, Mr. Dennis; commend..............................................................................HR 248 Ratchford, Neil; commend......................................................................................HR 610 Ray, Mark; commend .............................................................................................HR 836 Ray, Philip; commend ............................................................................................HR 835 Recycling services; commend; encourage highway construction
to use recycled products.......................................................................................HR 245 Red Ribbon Week in Franklin County; organizers; commend ..............................HR 644 Reddick, Daniel; commend ....................................................................................HR 702 Reeves, Anthony L.; commend ..............................................................................HR 789 Republic of Kenya; delegation of legislators; commend .......................................HR 974 Richards, Gabrielle; commend ...............................................................................HR 474 Richt, Head Coach Mark; University of Georgia Bulldogs football;
commend..............................................................................................................HR 726 Riley, Janice A.; service in community action; commend .....................................HR 490 Ringwald, Heather Rachael; Outstanding Scholar; commend ...............................HR 286 Riverside Military Academy swim team; commend ..............................................HR 455 Roberts, Ms. Phaedra; Trion Elementary School; commend .................................HR 911 Robinson, Coach Eddie; commend ........................................................................HR 944 Robinson, Mr. John Roosevelt "Jackie"; commend ..............................................HR 941 Rockingham Pecans; commend..............................................................................HR 959 Rodewolt, Daniel; commend ..................................................................................HR 444 Rome Symphony Orchestra; 85th anniversary celebration; commend .................HR 631 Rondem, Colonel Debra Conrad; retirement; commend........................................HR 209 Rood, Nathaniel "Nathan" Kenton; commend .........................................................HR 20 Roosevelt, Franklin Delano; City of Warm Springs; commend.............................HR 166 Rose, Cindy Apley; Shiloh Middle School Teacher of the Year;
commend..............................................................................................................HR 655 Roswell High School Hornets football team; commend ........................................HR 206

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INDEX

5063

Roswell High School Hornets football team; commend and invite to House .....................................................................................................HR 348
Rothell, Donna D.; South Gwinnett High School Teacher of the Year; commend..............................................................................................................HR 656
Rouse, Harry; commend .........................................................................................HR 431 Rowland, Mike; commend .....................................................................................HR 441 Rudin, Jacob; commend............................................................................................HR 72 Sams, Ferrol A., Jr., M.D.; honor retirement; invite to House ...............................HR 247 Sanders, Gary; commend........................................................................................HR 446 Sanford, Paul; commend.........................................................................................HR 896 Satilla Elem. School; Glynn County Golden Rule Award winners;
commend..............................................................................................................HR 823 Savannah Arts Academy's Silver Winds Ensemble; commend .............................HR 589 Sawyer, Nikki T.; Outstanding Scholar; Clayton State University;
commend .............................................................................................................HR 285 Schaffer, Autumn; Outstanding Scholar; Gordon College; commend...................HR 300 Scharioth, Dr. Klaus; Ambassador of the Federal Republic of
Germany; recognize.............................................................................................HR 661 Schmidt, Christine; commend ................................................................................HR 703 Schmidt, Craig; commend ......................................................................................HR 872 Schunior, Emily; commend ....................................................................................HR 833 Selph, Corporal Benji; Garden City Police Department; commend.......................HR 744 "Senior Week at the Capitol"; February 26 through March 4, 2007;
recognize..............................................................................................................HR 457 Sequoyah High School Lady Chiefs fast pitch softball team; commend ...............HR 159 Shackelford, Mrs. Lenore G.; commend ................................................................HR 934 Shallowford Falls Elementary School; commend ..................................................HR 410 Shaw, Melissa Jean; Outstanding Scholar; Medical College
of Georgia; commend ..........................................................................................HR 303 Sherwood Baptist Church; "Facing the Giants"; commend ...................................HR 324 Shockley, Eugene "D.J.", Jr.; quarterback; commend and invite to House ...........HR 104 Shorey, Sandra Joyce; Outstanding Scholar; Columbus State
University; commend...........................................................................................HR 295 Shumake, Dr. Franklin; commend............................................................................HR 73 Simmons, Benjamin; 100th birthday; congratulate ..................................................HR 22 Sims, Deborah; Georgia Art Education Association; commend ............................HR 363 Sims, Jena; 2007 Prudential Spirit of Community Award; commend ...................HR 458 Smalls, Christopher M.; commend ...........................................................................HR 29 Smalls, Christopher M.; commend .........................................................................HR 400 Smalls, Cory Lee; commend ....................................................................................HR 40 Smalls, Cory Lee; commend ..................................................................................HR 396 Smith, James Jackson "Jack"; commend ..............................................................HR 1008

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5064

INDEX

Smith, Lindsey Leigh; Outstanding Scholar; Southwestern State University; commend...........................................................................................HR 298
Smith, Mr. Gray; commend ....................................................................................HR 685 Smith, Sarah B.; Outstanding Scholar; Waycross College; commend...................HR 319 Smoak, Cameron; commend...................................................................................HR 496 Smyre, Calvin; National Black Caucus of State Legislators; commend ................HR 153 Sope Creek Elementary School; commend ............................................................HR 406 South Effingham High School robotics team; commend .......................................HR 898 Southeastern Cooperative Wildlife Disease Study; commend...............................HR 152 Soy Unica Soy Latina Rally and Celebration; recognize .......................................HR 729 Spates, Harold Shane; Outstanding Scholar; Georgia Highlands
College; commend ...............................................................................................HR 288 Spears, Megan; commend.......................................................................................HR 440 Sports, Joe & Dee; golden wedding anniversary; congratulate..............................HR 368 St. Patrick's Day Parade Committee; commend and invite to House.....................HR 373 St. Simons Elem. School; Glynn County Golden Rule Award
winners; commend...............................................................................................HR 793 Stewart, Brenda; commend.....................................................................................HR 704 Stockbridge High School Tigers wrestling team; commend..................................HR 654 Stone, Lauren; commend ........................................................................................HR 331 Stratford Academy Eaglettes cross country team; commend.................................HR 647 Suber, Ethan; commend..........................................................................................HR 949 Sudler, Zachary "Zach" Stephen; commend.............................................................HR 32 Suender, Jeannie; 2008 Brookwood Elementary Teacher of the Year;
commend..............................................................................................................HR 479 Sullivan, Nash Caldwell; birth; recognize..............................................................HR 387 Sumner, Robert Duncan; commend........................................................................HR 495 Sumpter, Deb; 2008 Brookwood High School Teacher of the Year;
commend..............................................................................................................HR 478 Swanson, Ophelia; 100th birthday; congratulate....................................................HR 305 Swilley, Bishop Jim; Church in the Now; commend .............................................HR 980 Taiwan; participation with international organizations; express
cooperation...........................................................................................................HR 475 Tattnall Square Academy football team; 2006 AAA State Champions;
commend..............................................................................................................HR 133 Taylor, Stacey L; commend....................................................................................HR 927 "Technical College System of Georgia Day"; January 30, 2007; declare................HR 86 Teems, Greg; Artist of the Year; Rockmart Civic Arts Commission;
commend..............................................................................................................HR 484 Temcor; Georgia's Manufacturer of the Year; commend.......................................HR 897 The Landings Garden Club of Savannah, Georgia; commend.................................HR 36 Third Day; commend..............................................................................................HR 796 Thomas, Head Coach Tommy; Valdosta State University; commend...................HR 996

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INDEX

5065

Thomas, James "Jamee" William; commend ...........................................................HR 59 Thomas, Lee; Chairman of the Governor's Energy Policy Council;
commend..............................................................................................................HR 464 Thomas, Olivia; 100th birthday; congratulate........................................................HR 728 Thomas, Wendy; commend ....................................................................................HR 774 Thompson, Shadie; commend ................................................................................HR 459 Tift County High School Future Farmers of America; commend..........................HR 591 Tillman, Reverend Thurmond N.; commend..........................................................HR 936 Timber Ridge Elementary School; commend ........................................................HR 408 Timler, Mr. Jeff; commend.....................................................................................HR 892 Tolle, Officer Bill; Garden City Police Department; commend.............................HR 745 Tourism industry in Georgia; commend...................................................................HR 60 Tran, Mai Thi Xaun; A'Sherrie Wisrael; STAR student & teacher;
commend..............................................................................................................HR 891 Travis, Jacob; commend .........................................................................................HR 808 Trejo, Enrique A. Herna'ndez; commend ..............................................................HR 449 Tribble, Dr. Vickie; assistant principal of the year; commend...............................HR 106 Trinity Christian School girls basketball team, 2006-2007; commend..................HR 727 Tritt Elementary School; commend........................................................................HR 409 Trobaugh, Coach Kevin; Trion High School Debate Team; commend .................HR 919 Tucker H.S. Tigers boys varsity basketball team; commend
and invite to House ..............................................................................................HR 664 Tucker, Cynthia; Pulitzer Prize; congratulate.........................................................HR 989 Tucker, William (Bill) E.; commend......................................................................HR 840 Turner, Angela Della Costanza; commend.............................................................HR 317 Turner, Mr. Lamar; commend ................................................................................HR 954 Turner, Ms. Joan K.; commend ..............................................................................HR 367 Tuttle, Rhonda; commend ......................................................................................HR 436 Tyler, Howard A.; 2006 Officer of the Year; meritorious service;
commend..............................................................................................................HR 198 Uga; line of mascots; commend .............................................................................HR 973 Underhill, Casey; commend ...................................................................................HR 902 United Parcel Service (UPS); centennial; contributions to Georgia;
commend..............................................................................................................HR 494 University of Georgia Men's Golf Team; commend ..............................................HR 983 University of Georgia men's tennis team; commend..............................................HR 982 University of Georgia Women's Swimming and Diving Team; commend............HR 984 University of Georgia Women's Track Team; commend.......................................HR 979 University of West Georgia Advocates Program; commend .................................HR 576 University of West Georgia All-Girl Cheerleading Squad; commend...................HR 570 University of West Georgia Cheerleading Teams; commend................................HR 569 University of West Georgia Coed Cheerleading Squad; commend .......................HR 568 University of Georgia Gymnastics Team; commend .............................................HR 970

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5066

INDEX

Valdosta/Lowndes Teens Against Bullying Day; recognize..................................HR 799 Vandiver, Russell; commend..................................................................................HR 561 Vaswani, Dada J.P.; commend ...............................................................................HR 623 Vaughn, Beverly; commend and invite to House...................................................HR 854 Verner, Henry Scott; honor.....................................................................................HR 859 Victor, Mr. John Walter; commend........................................................................HR 557 Vietnamese community, GA; "Vietnamese Heritage and Freedom
Flag"; commend...................................................................................................HR 258 Vining, Cindy; commend .......................................................................................HR 447 Vollmer, Michael; retirement; commend ...............................................................HR 134 Walker, James; commend.......................................................................................HR 141 Walton High School; commend .............................................................................HR 394 Ward, J. Coleman and Dolores J.; 50th wedding anniversary; commend..............HR 792 Ward, Mr. Hines, Jr.; commend and invite to House .............................................HR 211 Ward, Pastor James C.; commend ..........................................................................HR 813 Warthen, Sherika; commend ..................................................................................HR 580 Watkins, Hardin; commend ....................................................................................HR 766 Watts, Buddy; commend ........................................................................................HR 706 Wayne County Sports Hall of Fame; commend.....................................................HR 543 Weaver, Sharon Melody; commend .......................................................................HR 906 Welch, Bobby W.; commend .................................................................................HR 947 Wells, Tim; commend ............................................................................................HR 950 Welsh, Luther; Thomson H.S. football; 300th win; commend ..............................HR 579 West GA Wolverines wheelchair basketball team; commend
and invite to House .............................................................................................HR 606 West, Mr. James Nathan and Mrs. Peggy Mays; commend...................................HR 869 White, Coach Sharman; commend .........................................................................HR 756 White, Laura; 2007 Prudential Spirit of Community Award; commend ...............HR 454 White, Reverend Charles Lee, Jr.; commend .........................................................HR 837 White, Reverend Robert Clay, Jr.; commend.........................................................HR 485 Wilbanks, Veronica (Nicky) Lacey; commend ......................................................HR 743 Wilkins, Dominique; basketball legend; commend and invite to House ...............HR 533 Wilkinson County High School Warriors boys basketball; congratulate...............HR 633 Willcoxon, Officer Mathew; Garden City Police Department; commend .............HR 746 Williams, Cliff; Georgia State University College of Law student;
commend..............................................................................................................HR 386 Williams, J.T.; commend and invite to House .......................................................HR 857 Williams, Marshall "Woody"; commend .................................................................HR 31 Williams, Sammie Elizabeth; commend ................................................................HR 768 Willis, Thomas; commend......................................................................................HR 542 Wilson, Krystal; Heritage High School; perfect attendance; commend ................HR 382 Wingfield, Shanna D.; Outstanding Scholar; Fort Valley State
University; commend...........................................................................................HR 291

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INDEX

5067

Wood, Ellis; Ellis Wood Support Team; commend ...............................................HR 960 Woodstock High School Lady Wolverines fast pitch softball
team; commend....................................................................................................HR 165 Woodward, Juilett Ronnell; commend ...................................................................HR 966 World of Cheer; 2007 Cheersport Nationals; commend and
invite to House .....................................................................................................HR 525 World of Cheer; commend and invite to House .....................................................HR 346 Wyatt, Jane Cardin; 2006-2007 Citizen of Excellence Award; commend.............HR 377 Xechem International, Inc.; commend .....................................................................HR 99 Youmans, Robert "Bob" Edward, Jr.; commend....................................................HR 975 Young Women's Christian Association of Greater Atlanta; commend..................HR 173 Youth Advocates for Georgia; foster care; commend ............................................HR 380 Yunlai, Mr. Lai; Lehui Enterprises; Ningbo, Peoples Republic
of China; commend..............................................................................................HR 894 Zoercher, Ms. Kate; Woman of the Year; commend .............................................HR 356
COMMERCE AND TRADE Biometric Information Protection Act; enact .........................................................HB 276 Consumer reporting agencies; identical report to consumer and creditor; require.............................................................................................HB 196 Consumer transactions; phone card terms; disclosed at time of purchase; provide.............................................................................................HB 478 Consumer transactions; rebates; mailed within certain time frame; provide......................................................................................................HB 567 Credit report agency; person request security freeze; provisions.............................HB 35 Credit report; place security freeze; provisions........................................................HB 38 Flea market vendors; record keeping; certain item sales; restrict ..........................HB 475 Funeral service contracts; plat marked with location of grave space; provide ......................................................................................................HB 278 Georgia Lemon Law; enact ....................................................................................HB 470 Georgia Personal Identity Protection Act; state agencies; breach of security; personal information......................................................................... SB 236 Georgia Securities Act of 1973; change certain definitions...................................HB 172 House Georgia Bioeconomic Development Study Committee; create ..................HR 662 Identity theft; security freezes; definitions; provisions ..........................................HB 130 Motor vehicle leases; insurance coverage; provisions .............................................HB 17 Motor vehicles; definition; exempt certain vehicles; dealers; provisions ..............HB 117 Recreational vehicle dealers; conventions; provide certain exemptions................HB 297 Retail Installment and Home Solicitation Sales Act; increase delinquency charges.............................................................................................HB 240 Sales and use tax; motor fuels; prepayments; World Congress Center; Jekyll Island; Ports Authority; provisions ..............................................HB 219

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5068

INDEX

Secondary Metals Recyclers; public utilities/transportation; increased penalties ............................................................................................... SB 203
Security and Prosperity Partnership of North America; urge Congress to withdraw ..........................................................................................HR 858
State of Georgia; strategic business framework; tourism and trade; urge..............HR 719 Tobacco Prevention Master Settlement Agreement Oversight
Committee; create ................................................................................................HB 887 Warehousemen; agricultural warehouse receipt requirements, obtaining
printed forms, electronic receipts; change provisions ......................................... SB 220
COMMISSIONS AND OTHER AGENCIES Agricultural Commodity Commissions; ratification of commissions; change certain provisions..................................................................................... SB 165 County tax commissioners; purchasing certain property; prohibit.........................HB 222 Full-time county commission chairpersons; minimum salaries; provide...............HB 531 Georgia Bioeconomic Development Commission; create .....................................HR 323 Georgia Blueberry Commission; create .................................................................HB 649 Georgia Commission on Hearing Impaired and Deaf Persons; create ...................HB 655 Georgia Council for the Arts; Georgia Arts Alliance; create .................................HB 291 Georgia Council for the Arts; Georgia Arts Trust; create; provide tax credit ..............................................................................................................HB 351 Georgia Legislative Youth Advisory Council; create ............................................HB 542 Georgia Public Service Commission; certain violations; increase fines ................HB 460 Georgia Trauma Care Network Commission; establish; create Georgia Trauma Trust Fund .................................................................................. SB 60 Hospital Health Care Standards Commission; create............................................... SR 22 Joint Commercial Sexual Exploitation of Minors Study Commission; create .................................................................................................................... SR 445 Joint Human Services Transportation Study Commission; create ......................... SR 154 Mental Health Service Delivery Commission; create ............................................ SR 363 Mental health; patient advocacy board; create .......................................................HB 535 Metropolitan area planning and development commissions; change provisions ..................................................................................................HB 33 Portrait of Ms. Coretta Scott King; Capitol Arts Standards Commission; urge ......................................................................................................................HR 376 Public Service Commission; towing of certain vehicles; provide..........................HB 316 Saving the Cure Act; create the Newborn Umbilical Cord Blood Bank for postnatal tissue and fluid; Georgia Commission for Saving the Cure................. SB 148 State Commission on Government Health Services Reform; create......................HB 514 Statue of Zell Bryan Miller; Capitol Arts Standards Commission; urge..................HR 16 War of 1812 Bicentennial Commission Act; enact ................................................HB 464

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INDEX

5069

COMMITTEES Augusta, Georgia, Environmental Issues; create joint study committee................ SR 133 Charter Systems Act; establishment of charter schools; revise/add definitions; establish Charter Advisory Committee .............................................. SB 39 Effingham County Tax Structure Study Committee; create...................................HR 955 General Assembly; committees; subpoena persons; provisions...............................HB 57 Health Care Transformation; create joint study committee ................................... SR 355 House Climate Study Committee; create................................................................HR 422 House Georgia Bioeconomic Development Study Committee; create ..................HR 662 House Medical Device Study Committee; create...................................................HR 272 House Mental Health Professionals Study Committee; create.................................HR 49 House Study Committee on a Flexible Work Week; create...................................HR 666 House Study Committee on Cellular Phone Contract, Billing, and Rebate Practices; create ...................................................................................................HR 205 House Study Committee on Chronic Kidney Disease; create ................................HR 790 House Study Committee on Eyewitness Identification Procedures; create ....................................................................................................................HR 352 House Study Committee on Georgia's Pre-K Program; create...............................HR 791 House Study Committee on Interstate Gas Capacity Planning; create...................HR 828 House Study Committee on Medical Education; create.........................................HR 668 House Study Committee on Pain Management; create ..........................................HR 663 House Study Committee on Prepaid Telecommunications Homeland Security Interests; create......................................................................................HR 609 House Study Committee on Prison System Terrorist Recruitment; create ............HR 375 House Study Committee on Tanning Salon Consumer Protection; create.............HR 425 House Study Committee on the Funeral Service Profession; create ....................................................................................................................HR 720 House Study Committee on the Need for Improving Available Remedies for Defending Against Frivolous and Malicious Litigation; create ..................................................................................................HR 596 House Study Committee on the Power of Arrest and Peace Officer Certification in Georgia; create ...............................................................HR 424 House Study Committee on the University System of Georgia's Intellectual Property Rights Management; create................................................HR 508 House Study Committee on Trans Fat Alternatives for the Georgia Food Industry; create ...........................................................................................HR 826 House Study Committee on Unbanked and Underbanked Consumers; create ....................................................................................................................HR 827 House Study Committee on Viability of Commuter Rail Service from Atlanta to West Point; create ......................................................................HR 150 House Study Committee to incentivize indigent health care by physicians; create............................................................................................HR 721 Indigent Defense; create Joint Study Committee ................................................... SR 246

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5070

INDEX

Joint Atlantic Coastal Beach Preservation and Maintenance Study Committee; create...................................................................................... SR 327
Joint Higher Education Finance and Formula Study Committee; create ...............HR 426 Joint Legislative Study Committee on Judicial Election Reform; create.................HR 47 Joint Nonpoint Source Pollution Control Study Committee; create ...................... SR 283 Joint Study Committee on Continuing Education and Collegiate
Sports Programs for Students with Disabilities; create .......................................HR 322 Joint Study Committee on Fulton County; create ..................................................HR 351 Joint Study Committee on Local Government; create ...........................................HR 511 Joint Study Committee on State Health Benefit Plan Design; create.....................HR 512 Joint Study Committee on State Stroke System of Care; create ..............................HR 15 Joint Study Committee on State Stroke System of Care; create .............................. SR 30 Joint Study Committee on the Continuing Education of Special
Needs Individuals; create.....................................................................................HR 157 Joint Study Committee on the State Health System; create ...................................HR 350 Joint Study Committee on Viability of Commuter Rail Service
from Atlanta to West Point; create ......................................................................HR 149 Tobacco Prevention Master Settlement Agreement Oversight
Committee; create ................................................................................................HB 887 Transportation Funding; create joint study committee........................................... SR 365
COMMUNICATIONS RECEIVED Carter, Honorable Joseph .................................................................................... Page 309 Casas, Honorable David ...................................................................................... Page 307 Chambers, Honorable Jill .................................................................................... Page 305 Fludd, Honorable Virgil..................................................................................... Page 1739 Governor .............................................................................................................Pages 6, 7 Hamrick, Honorable Bill ..................................................................................... Page 303 Hanner, Honorable Bob ....................................................................................... Page 301 Harp, Honorable Seth .......................................................................................... Page 303 Legislative Counsel ....................................Pages 86, 87, 88, 89, 299, 301, 303, 305, 307 Lieutenant Governor...........................................................Pages 300, 302, 304, 306, 308 Roberts, Honorable Jay.................................................................................Pages 12, 309 Secretary of State..................................................................................................... Page 1 Shafer, Honorable David ..................................................................................... Page 307 Smyre, Honorable Calvin .................................................................................... Page 301 Speaker of the House ........................Pages 235, 300, 302, 304, 306, 308, 602, 889, 5026 Willard, Honorable Wendell ............................................................................... Page 305

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INDEX

5071

COMMUNITY AFFAIRS, DEPARTMENT OF Commissioner, Revenue; powers/duties; sales/use taxes; collection of certain data......................................................................................................... SB 92 Community Affairs, Department of; planning procedures; public hearings; provide..................................................................................................HB 258 Family literacy; local communities; express support ...............................................HR 55 Georgia Smart Infrastructure Growth Act; creation ............................................... SB 200 Metropolitan area planning and development commissions; change provisions ..................................................................................................HB 33
COMMUNITY HEALTH, DEPARTMENT OF Certificate of Need; extensive revision; provide ....................................................HB 581 Community Health, Department of; certain members; mental health coverage; require.......................................................................................HB 423 Community Health, Department of; county health departments; provisions.............................................................................................................HB 456 Community Health, Department of; emergency transportation services; permits; require .......................................................................................HB 73 Diabetes in Georgia; urge Georgia Department of Community Health to increase efforts .....................................................................................HR 757 Health care data; available to consumers; provide .................................................HB 628 Health, Department of; combine Department of Human Resources and Department of Community Health..................................................................HB 47 Prescription drugs; sold by certain Georgia companies; access restrictions; prohibit.............................................................................................HB 180
COMPENSATION RESOLUTIONS Clark, Mr. Robert; compensate; provide for state income tax exclusion ...............HR 102 Rhodes, Ms. Brandy Brown; compensate ..............................................................HR 103
CONDOLENCES, ETC. Akin, Lonzo Judson; condolences ..........................................................................HR 802 Alden, John Charles; condolences..........................................................................HR 462 Atkinson, Owen Alfred; condolences.....................................................................HR 601 Baird, David Oliver; condolences ..........................................................................HR 112 Baugh, Mr. Howard, Sr.; condolences....................................................................HR 487 Beck, Ray; condolences ...........................................................................................HR 38 Beggs, Mr. Sammy Jackson; condolences..............................................................HR 497 Bergen, Colonel Joseph Bodell; condolences.........................................................HR 844 Berns, Mr. Glenn; condolences ..............................................................................HR 932 Bishop, Professor Jamie; condolences....................................................................HR 990 Blee, Myron Roy; condolences ..............................................................................HR 987 Bowles, Georgia Supreme Court Justice Jesse Groover, Jr.; condolences.............HR 220

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5072

INDEX

Branham, Robert "Pookie" III; condolences ..........................................................HR 389 Brown, George Truitte; condolences......................................................................HR 645 Brown, James; condolences....................................................................................HR 402 Brown, James; honor and invite family to House ..................................................HR 417 Brown, Mr. Thomas Watson, Sr.; condolences......................................................HR 499 Burnette, James, Sr.; condolences ..........................................................................HR 876 Burnette, James; condolences.................................................................................HR 880 Burns, Lonnie Rondall; condolences......................................................................HR 646 Carter, Benjamin Hill; condolences........................................................................HR 847 Caston, Charles Scott; condolences........................................................................HR 935 Chambers, Edward Sidney "Dick"; condolences ...................................................HR 236 Chamblee, Mr. Clarence Clayborn "Clay" III; condolences ..................................HR 544 Clark, Ryan; condolences .......................................................................................HR 958 Clayton, Captain Hayes, Jr.; condolences ................................................................HR 82 Cleland, Mrs. Juanita Wilda Kesler; condolences..................................................HR 395 Cline, Beulah Cable; condolences ..........................................................................HR 219 Collins, William Littleton; condolences.................................................................HR 162 Curtis, Rev. Paul David; condolences ....................................................................HR 583 Davis, Dr. Edwin; condolences ..............................................................................HR 806 Davis, Mrs. Alberta; condolences ..........................................................................HR 355 Dempsey, Ms. Maenell Dixon; condolences ..........................................................HR 481 Doremus, Honorable Ogden; condolences .............................................................HR 829 Dukes, Kevin Gemario; condolences .....................................................................HR 615 Durden, Mr. F. Dickson; condolences....................................................................HR 939 Ellison, Mrs. Marilyn Murphy; condolences..........................................................HR 108 Fowles, Mrs. Janie Evans; condolences .................................................................HR 393 Freeman, Janice Ann Dalton; condolences.............................................................HR 566 Fuller, Martha; condolences ...................................................................................HR 669 Gibson, John Strickland; condolences....................................................................HR 817 Gilstrap, Ms. Sandra Ann; condolences .................................................................HR 998 Goad, Perry; condolences .......................................................................................HR 482 Goolsby, Brooks Nelson; condolences...................................................................HR 210 Graffagnino, Ann; condolences ..............................................................................HR 253 Hall, Mrs. Jeanette "Buddy" Reynolds; condolences ...............................................HR 96 Hayes, Dewey N., Sr.; condolences........................................................................HR 567 Hight, James Preston "Jimmy"; condolences .........................................................HR 581 Hosti, Charles J.; condolences................................................................................HR 564 Hutchins, Fred; condolences...................................................................................HR 500 Ingram-Ephraim, Ms. Yvonne; condolences..........................................................HR 786 Ingram-Ephraim, Ms. Yvonne; condolences..........................................................HR 787 Jarrad, Robert Thomas "Tommy"; condolences.....................................................HR 613 Jones, Alfred W., Jr.; condolences .........................................................................HR 731 Jones, Dean Cleveland; condolences......................................................................HR 338

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INDEX

5073

Jones, Dean Cleveland; condolences .....................................................................HR 357 Jones, Mr. Eddie, Sr.; condolences.........................................................................HR 193 Jordan, Mr. Gerald; condolences..............................................................................HR 39 Kelly, Lelia; condolences .......................................................................................HR 838 Kendall, Mrs. Margaret Martin; condolences.........................................................HR 384 Kilpatrick, Charles Willard; condolences...............................................................HR 801 King, Evan Wesley; condolences ...........................................................................HR 599 Knight, Charles Lindbergh; condolences ...............................................................HR 598 Lancaster, Mr. J. Wendell; condolences.................................................................HR 111 Langley, Richard Dwight; condolences..................................................................HR 861 Leslie, Melvin, Sr.; condolences ............................................................................HR 725 Lipson, Dr. Robert Alan; condolences .....................................................................HR 61 Lipson, Dr. Robert Alan; condolences ...................................................................HR 257 Lively, Mr. Ralph; condolences .............................................................................HR 489 Loughridge, Mr. Larry A.; condolences ...................................................................HR 24 Lovett, William "Bill" Ervin; condolences.............................................................HR 999 Lunsford, Walter T., Sr.; condolences......................................................................HR 81 Mason, Ric; condolences ........................................................................................HR 483 Mayers-Kelley, Davidayon; condolences...............................................................HR 889 Mayfield, Prentis; condolences ..............................................................................HR 600 McBride, Willie Howard; celebrate life .................................................................HR 554 McDonald, Dora Edith; condolences......................................................................HR 137 McLeod, Mr. Thomas Everette; condolences.........................................................HR 849 Medley, William Donald; condolences ..................................................................HR 683 Milliken, Mrs. Annette; condolences .....................................................................HR 252 Mincey, Johnny Michael; condolences ..................................................................HR 109 Miolen, Rebecca; condolences ...............................................................................HR 945 Mosley, Dr. James Clarence, Jr.; condolences .......................................................HR 174 Mosley, Dr. James Clarence, Jr.; condolences .......................................................HR 502 Mundy, June; condolences .....................................................................................HR 172 Nordan, David E.; condolences ............................................................................HR 1000 Orange, Pamela Aquica; condolences ....................................................................HR 614 Orange, Pamela Aquica; condolences ....................................................................HR 810 Oxford, Clifford; condolences................................................................................HR 673 Parker, Roy L. III; condolences..............................................................................HR 263 Patterson, Bishop G.E.; remember .........................................................................HR 767 Poole, Dr. Samuel O.; condolences ........................................................................HR 115 Porter, Kenneth O. "Ken"; condolences .................................................................HR 118 Pruitt, Mr. William Oscar "Cedric", Sr.; condolences............................................HR 498 Pugh, Mrs. Ethel Imogene Barker; condolences ....................................................HR 353 Reaves, Honorable Henry Lee; condolences..........................................................HR 815 Reed, Mrs. Ester; condolences ...............................................................................HR 119 Reid, Mrs. Lillie B. Carson; condolences.................................................................HR 69

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5074

INDEX

Reynolds, Morgan Elizabeth; condolences ............................................................HR 624 Rice, William D. "Billy", Jr.; condolences............................................................HR 456 Ross, Dorothy Carter; condolences ..........................................................................HR 98 Scott, David; condolences ......................................................................................HR 156 Scott, David; condolences ......................................................................................HR 334 Sherald, Harriet Ethel; condolences .......................................................................HR 320 Shirley, Lewis William; condolences.....................................................................HR 848 Slayton, Linwood R., Jr.; condolences ...................................................................HR 811 Smith, Dr. Otis W.; condolences ............................................................................HR 213 Smith, Jimmy M.; condolences ..............................................................................HR 312 Smith, Mr. Harold Arthur; condolences .................................................................HR 493 Souther, Mr. John Paul; condolences .....................................................................HR 114 Souther, Virginia Parks; condolences.....................................................................HR 113 Standard, Eve Marie; Newton County Board of Elections; condolences...............HR 161 Stripling, Charles Mitchell "C.M.", Jr.; condolences ...............................................HR 71 Stroud, Howard Burnette; condolences ..................................................................HR 785 Taylor, Mike; condolences .....................................................................................HR 755 Thompson, G. Brian; condolences .........................................................................HR 938 Thompson, Virginia; condolences..........................................................................HR 937 Vaughn, Judge Clarence Roland, Jr.; condolences.................................................HR 733 Warren, Bobby Deante; condolences .....................................................................HR 354 Warren, Honorable Pete; condolences......................................................................HR 23 Watkins, Mrs. Hattie Guinn; condolences..............................................................HR 154 Whalen, Judge Andrew J., Jr.; condolences .........................................................HR 1006 White, B.V.; condolences .......................................................................................HR 107 Willingham, Mr. Wright; condolences ...................................................................HR 231 Wingo, Mrs. Dorothy Lowe; condolences..............................................................HR 501 Wooten, Francis Lakey "Frank", Jr.; condolences .................................................HR 366
CONSERVATION AND NATURAL RESOURCES Air quality; coal-fired electrical generating facilities; permits; change certain provisions.....................................................................................HB 546 Augusta, Georgia, Environmental Issues; create joint study committee................ SR 133 Certain water and sewer authorities; certified as local issuing authorities; authorize............................................................................................HB 760 Coastal Marshlands Protection Act; exempt certain private docks; provide ...................................................................................................................HB 42 Coastal Marshlands Protection Act; exempt certain single private docks; provide........................................................................................................HB 68 Conservation; Coastal Marshlands Protection Act of 1970; change provisions.............................................................................................................HB 500 Environmental Advisory Council; applications for certain variances; change certain provisions..................................................................................... SB 187

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INDEX

5075

Environmental Protection Division; certification revocation; relative to soil erosion and sedimentation control; change provisions .................................HB 463
Fishermen's Right to Know Act; enact ...................................................................HB 717 Gasoline Additives; provide for grants; E-85 gasoline for retail
sale; define certain terms ..................................................................................... SB 157 Georgia Asbestos Safety Act; contractors; revise certain provisions.....................HB 503 Georgia Smart Infrastructure Growth Act; creation ............................................... SB 200 Historic sites; initial investigation; state archeologist; notice; require...................HB 177 Income tax credit; historic structures rehabilitation; change
calculation method...............................................................................................HB 851 Jekyll Island - State Park Authority; amend provisions; Overview
Committee; create ................................................................................................HB 214 Jekyll Island - State Park Authority; certain Island development; restrict.............HB 548 Jekyll Island Authority; to protect south end of Jekyll Island
from development; urge ......................................................................................HR 619 Metropolitan North Georgia Water Planning District Act; change
definition................................................................................................................HB 70 Natural Resources, Department of; qualified soil scientists;
reports; provide ....................................................................................................HB 399 Public water systems; certain contractors; performance bonds; require ................HB 789 Qualified Soil Scientists; evaluations/reports shall be accepted
by Dept. of Natural Resources/Dept. Human Resources..................................... SB 226 Sales and use tax; water and sewer authorities; exempt...........................................HB 59 Sales and use tax; motor fuels; prepayments; World Congress
Center; Jekyll Island; Ports Authority; provisions ..............................................HB 219 Sales and use tax; nature center or performing arts amphitheater
facility; provide exemption..................................................................................HB 413 Sales and use tax; water pollution eliminating machinery exemptions;
change certain provisions.....................................................................................HB 237 Soil and Water Conservation Districts; supervisors selection;
express objection..................................................................................................HR 271 Soil erosion and sedimentation; control; beaver dams; add exemption ................HB 565 Solid waste; permit requirements; change certain provisions ................................HB 569 Special Licenses; surviving spouses of disabled veterans to
continue to receive free disabled veterans plates................................................... SB 81 State Forestry Commission; qualifications of the director; change
provisions............................................................................................................. SB 116 State Forestry Commission; reports to General Assembly; change
certain provisions................................................................................................. SB 176 State parks; senior citizens; unlimited length of time; provide ................................HB 41 Waste management; methamphetamine clean up; provisions................................HB 802 Water pollution control; surface water returns; regulate ........................................HB 596

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5076

INDEX

Water resources; river basins; protection; provisions...............................................HB 55 Water resources; surface and ground water; permits; change provisions ................HB 54
CONSTITUTIONAL AMENDMENTS Ad valorem tax; retail furniture businesses; inventories; provide exemption - CA....................................................................................................HR 597 Bona fide conservation use property; acreage restriction; remove - CA................HR 244 Coastal Georgia Beach Preservation Trust Fund; create - CA ...............................HR 471 Coroners; county officers; provide - CA ................................................................HR 200 Counties; provide for re-creation; voter approval - CA ...........................................HR 12 Education; school superintendents elected by majority; provide - CA ......................HR 1 Emergency 9-1-1 Assistance Fund; certain revenue dedication; authorize - CA......................................................................................................HR 534 Employment agreements; restrictive covenants; allow modification by court - CA .......................................................................................................HR 527 English; official language of the State of Georgia; declare - CA...........................HR 413 General Assembly; four-year terms of office for members; provide - CA ................HR 2 Incarcerated persons; moral turpitude felonies; prohibit voting - CA ...................HR 123 Infrastructure Development Districts; provide by general law the creation and comprehensive regulation - CA ................................................ SR 309 Legislative sessions; length; provide - CA .............................................................HR 856 Local boards of education; reimburse governing authority; certain elections; require - CA.........................................................................................HR 592 Lottery Funds; reserved only for the HOPE Scholarship Program - CA ............... SR 125 Motor fuel taxes; jet fuel; funds from sales and use; provide - CA .........................HR 48 Municipalities; unincorporated areas; exercise zoning power - CA .....................HR 241 Nonresidential property; ad valorem school taxes; annexation; provisions - CA....................................................................................................HR 374 Paramount right to life; human beings; provisions - CA........................................HR 536 Peace Officers' Annuity and Benefit Fund; retired members; service credit - CA .................................................................................................HR 30 Persons convicted of certain felonies; voting provisions; amend - CA .................HR 128 Real estate transfer tax and intangible recording tax; increases; authorize - CA......................................................................................................HR 421 Real property values; residential; fair market value; requirements - CA...............HR 158 Regional grand juries; creation; provide - CA........................................................HR 882 Sales and use tax; jet fuel; allocate funds for public-use airports - CA .................HR 228 Sales and use tax; off-premise food and beverage sales; create trust fund - CA .....................................................................................................HR 199 Senate; provide four-year terms of office for members - CA ................................ SR 279 State government; impose unfunded mandates on local government; prohibit - CA........................................................................................................HR 605 Tax Credits for Community Service Contributions - CA....................................... SR 400

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INDEX

5077

Taxation; comprehensive revision; abolish most state and local taxes; fair tax; provide - CA ................................................................................HR 900
Taxation; provide limitations on state government tax and expenditures; definitions - CA ..................................................................................................... SR 20
Taxpayer Protection Amendment of 2007; enact - CA ..........................................HR 956 Townships; power of zoning/regulation of land use
development; funding - CA ................................................................................. SR 130 Transportation Trust Fund; create - CA .................................................................HR 509
CONSUMER AFFAIRS House Study Committee on Unbanked and Underbanked Consumers; create ....................................................................................................................HR 827
CONTRACTORS (CONSTRUCTION) Construction contracts; required insurance coverage; provisions ..........................HB 138 Sales and use tax; maintenance contracting; provisions.........................................HB 450
CONTRACTS Community Health, Department of; care management organization; drug rebates; require refund...................................................................................HB 18 Construction contracts; required insurance coverage; provisions ..........................HB 138 Employment agreements; restrictive covenants; allow modification by court - CA .......................................................................................................HR 527 Illegal and void contracts; reasonable restrictive covenants; provisions................HB 667 Public policy; insurance contracts; indemnification; provisions............................HB 136 Transportation, Department of; contractors; eligibility; provisions .......................HB 202 Transportation, Department of; contracts; provisions ............................................HB 192
CONTROLLED SUBSTANCES Controlled Substances; active chemical ingredient in hallucinogenic plant Salvia divinorum A; unlawful to knowingly produce and manufacture ......................................................................................................... SB 295 Controlled Substances; ban sale of marijuana/hemp flavored candy; provide for penalties................................................................................. SB 258 Controlled substances; child care learning centers; create drug-free zone.............HB 281 Controlled substances; immunity for pain management treatment; provide..........HB 287 Controlled substances; prescriptions; practitioner's name printed; require ...........HB 556 Controlled substances; prescriptions; require positive proof of identity................HB 285 Controlled substances; sale of marijuana flavored products to minors; ban ..........HB 280 Controlled substances; Schedule II and V; change certain provisions...................HB 286 Driving under the influence; mandatory sentences; increase .................................HB 336 Georgia Prescription Monitoring Program Act; enact............................................HB 455

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5078

INDEX

Optometrists; provide for additional pharmaceutical agents used for treatment purposes; standard of care ....................................................... SB 17
Psychologists; administer and prescribe drugs; provisions ....................................HB 397
CONVEYANCE OF PROPERTY (See Public Property)
CONYERS, CITY OF; Redevelopment Powers Law; authorize............................HB 364
COOK COUNTY Board of education; compensation of board members; change provision ............... SB 46 Magistrate Court; chief magistrate; provisions ......................................................HB 690
CORDELE, CITY OF Crisp County Board of Education; change compensation......................................HB 406
CORDELE JUDICIAL CIRCUIT Cobb, Cordele, Dublin, Enotah, and Gwinnett Judicial Circuits; additional superior court judge; provide..............................................................HB 118 Cordele Judicial Circuit; superior court judgeship; create .....................................HB 295
CORONERS Coroners; county officers; provide - CA ................................................................HR 200 Death investigations; certain notification requirements; provide...........................HB 244 Death investigations; certain notification requirements; provide...........................HB 310
CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS Corporations; summons of garnishment; change provisions..................................HB 121 Nonprofit hospitals; certain records inspection; provide........................................HB 427 Secretary of State; collect a filing fee for certificates of conversion; Georgia corporation to foreign corporation......................................................... SB 234 State and Local Tax Revision Act of 2007; enact ..................................................HB 385 State income tax; corporations; provide gradual reduction; abolish January 1, 2010 ....................................................................................................HB 176
CORRECTIONS, BOARD OF AND DEPARTMENT OF (Also, see Penal Institutions) Board and Department of Corrections; commissioner to issue warrants; authorize...............................................................................................HB 313 Board and Department of Corrections; commissioner to issue warrants; authorize...............................................................................................HB 695

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INDEX

5079

COSMETOLOGISTS Cosmetologists; definitions; wax technicians; provisions......................................HB 494 Georgia Cosmetic Laser Services Act; enact .........................................................HB 528
COUNTIES (Also, see Local Government or Named County) Clean and renewable fuels; certain vehicles operated by certain government entities; require use..........................................................................HB 541 Counties; housing state inmates awaiting transfer; increase reimbursement rate ..............................................................................................HB 609 Counties; housing state inmates; increase minimum reimbursement rate..............HB 884 Counties; housing state inmates; increase minimum reimbursement rate..............HB 885 Counties; housing state inmates; increase minimum reimbursement rate..............HB 886 Counties; provide for re-creation; voter approval - CA ...........................................HR 12 Counties and municipal corporations; taxicabs; provisions ...................................HB 519 County and municipality; consolidation; provisions..............................................HB 109 County governing authorities; elected members; course of training; require ....................................................................................................................HB 71 County tax commissioners; compensation; additional duties; change certain provisions.....................................................................................HB 486 County tax commissioners; purchasing certain property; prohibit.........................HB 222 County tax digest; final valuations; provide.............................................................HB 20 Full-time county commission chairpersons; minimum salaries; provide...............HB 531 Landowners; annexation into adjoining county; change provisions ........................HB 36 Local government; county surveyors; repeal provisions of law.............................HB 265 Local government; Georgia Procurement Registry; provisions .............................HB 672 Local government; privately constructed water systems; requiring ownership transfer; prohibit.................................................................................HB 471 Local government; residential rental property; require registration.......................HB 642 Local government budgets and audits; grant certifications; provisions .................HB 714 Municipal Corporations; agreements with solid waste collection firms; territory annexed/incorporated .................................................................. SB 154 Sales and use tax; joint county and municipal; change certain procedures............HB 140 Sales and use tax; nature center or performing arts amphitheater facility; provide exemption..................................................................................HB 413 Water, gas and other services; limited liens for unpaid charges; change certain provisions.....................................................................................HB 713 Water, gas and other services; limited liens for unpaid charges; change certain provisions.....................................................................................HB 721
COUNTY BOARDS OF HEALTH County boards of health; soil reports; modify standards........................................HB 217

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5080

INDEX

COURTS (Also, see Crimes and Offenses or Criminal Procedure) Accusations; trial in all cases except serious violent felonies; allow.....................HB 862 Admission to Georgia bar; educational requirements; exam; provisions...............HB 115 Alternative attorneys; indigent defense costs; change certain provisions ..............HB 586 Appalachian Judicial Circuit; investigators make arrests; provide ........................HB 782 Appellate court judges; elected on or after July 1, 2008; provide benefits ............HB 855 Associate juvenile court judges; appointment; change qualifications....................HB 168 Associate juvenile court judges; hearing in certain cases; change provisions.............................................................................................................HB 334 Augusta Judicial Circuit; judges of Superior Court; supplement; change provisions ................................................................................................ SB 209 Brunswick Judicial Circuit; fifth judge for superior courts; provide .......................HB 34 Certain courts; notify school superintendents of certain information; require ..................................................................................................................HB 832 Certain judicial circuits; alternate delivery systems; allow....................................HB 861 Child Advocate, Office of; provide confidentiality of records............................... SB 128 Cobb, Cordele, Dublin, Enotah, and Gwinnett Judicial Circuits; additional superior court judge; provide..............................................................HB 118 Cordele Judicial Circuit; superior court judgeship; create .....................................HB 295 Court bailiffs; minimum and maximum allowable per diem compensation; increase ........................................................................................HB 795 Court bailiffs; per diem compensation; increase ....................................................HB 751 Court Reports; remove requirement of publishing a volume of rules from the definition of reports.................................................................. SB 232 Court-Connected Alternative Dispute Resolution; add municipal courts; charge additional filing fees for civil actions ............................................ SB 18 Death penalty; jury findings; aggravating circumstance; change provisions.............................................................................................................HB 185 Dublin Judicial Circuit; superior court judgeship; provide ....................................HB 507 Eastern Judicial Circuit; salary of chief judge; provide additional supplement ...........................................................................................................HB 513 Election reform; judicial, state-wide office, and General Assembly; provisions...............................................................................................................HB 97 Elections; nonpartisan; sheriffs, district attorneys, and solicitor generals; provide..................................................................................................HB 381 Employees' Retirement System; court administrators; creditable service; provisions ...............................................................................................HB 873 Employment agreements; restrictive covenants; allow modification by court - CA .......................................................................................................HR 527 Enotah Judicial Circuit; superior court judgeship; create.......................................HB 104 Family reunification; duration of certain court orders; provide more time .............................................................................................................HB 303

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INDEX

5081

Foster Parents Bill of Rights; children who are privately placed; provide administrative hearing for aggrieved parties .......................................... SB 188
General Assembly; budgetary functions; reflect changes ......................................HB 529 Georgia Judicial Retirement System; creditable service; superior
court judges and district attorneys; provisions ....................................................HB 545 Georgia Judicial Retirement System; superior court judges
and district attorneys; change provisions.............................................................HB 856 Georgia Judicial Retirement System; superior court judges secretaries;
provide membership ............................................................................................HB 348 Georgia Public Defender Standards Council; transfer from judicial
branch to executive branch .................................................................................. SB 139 Georgia Regional Grand Jury Act; enact................................................................HB 860 Gwinnett Judicial Circuit; tenth judge for superior courts; provide.......................HB 476 House Study Committee on the Need for Improving Available Remedies
for Defending Against Frivolous and Malicious Litigation; create.....................HR 596 Imprisonment sentence reviews; more than 12 years; three-
judge panel; repeal ...............................................................................................HB 197 Judges; compensation/grants for judicial salaries; change certain
provisions............................................................................................................. SB 223 Judicial Accounting; add a penalty, late fees, and interest for
failure to remit certain funds/ reports to authority............................................... SB 266 Jury duty; primary caregiver of certain persons; provide exemption ....................HB 188 Juvenile courts; hearings; change certain provisions; Division
of Family and Children Services; provide certain requirements .........................HB 153 Juvenile proceedings; adoption; provisions............................................................HB 599 Juvenile proceedings; appointment of guardian ad litem; change
provisions.............................................................................................................HB 270 Juvenile proceedings; arrest and detention of accused children;
change provisions ..................................................................................................HB 52 Juvenile proceedings; hearings; general public; admit...........................................HB 613 Juvenile proceedings; unruly children; detention; change certain
provisions.............................................................................................................HB 662 Piedmont Circuit; terms of court; change provisions ...............................................HB 53 Prosecuting attorneys; standards and duties; subject to discipline
and sanctions........................................................................................................HB 251 Regional grand juries; creation; provide - CA........................................................HR 882 Senior judge status; superior courts; leave office; provisions ................................HB 116 Sheriffs' duties; security plans; change frequency....................................................HB 51 Sheriff's services; increase fees for service in civil cases.......................................HB 338 Sheriffs; candidates; certified peace officers; require ............................................HB 326 State court proceedings; first time; death sentence; change certain
provisions.............................................................................................................HB 578

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5082

INDEX

Stone Mountain Judicial Circuit; judges; provide compensation supplement ...........................................................................................................HB 506
Superior Court Clerks; personal property filing fees; collection/remittance; change sunset dates ............................................................ SB 14
Superior court fees; real estate or personal property filings; change sunset dates; instrument recordings; provide additional fees .........................................HB 386
Superior courts; 9-1-1 call; family violence; revise definition...............................HB 571 Superior Courts; Pike County in Griffin Circuit; change certain
terms of court ....................................................................................................... SB 177 Superior Courts; specify costs not be considered contingent expenses ................... SB 67 Superior/State Court Judges; performing ordered military duty; eligible
for reelection; qualify by mail, messenger or agent on duty ................................. SB 11 Supreme Court; Court of Appeals; certain judges; travel allowances;
provide .................................................................................................................HB 120 Walton Judicial Circuit; create ...............................................................................HB 179
COWETA COUNTY Water and Sewerage Authority; terms of members; change ..................................HB 679
CRIMES AND OFFENSES (CRIMINAL CODE) Animal Fighting Act; change certain provisions...................................................... SB 16 Armed Forces of U.S.; members; prohibit certain uses of names/pictures; provide penalties .................................................................................................... SB 30 Bingo; certain fraternal organizations; provisions..................................................HB 778 Bombs, explosives and other weapons; hoax devices; expand crime ....................HB 653 Certain medicines; purchase; provide minimum age .............................................HB 739 Certain nonprofit organizations; certain noncash prizes; allow give away............HB 259 Cigarettes/Tobacco; minors; unlawful to attempt purchase; vending machines; change certain provisions ....................................................... SB 95 Computer Security; persons provide identifying information by falsely representing themselves to be a business; definitions; penalties........................... SB 24 Concealed weapons; transporting of certain firearms; change provisions .................HB 7 Controlled Substances; active chemical ingredient in hallucinogenic plant Salvia divinorum A; unlawful to knowingly produce and manufacture................................................................................................... SB 295 Controlled Substances; ban sale of marijuana/hemp flavored candy; provide for penalties ............................................................................................ SB 258 Controlled substances; child care learning centers; create drug-free zone.............HB 281 Controlled substances; immunity for pain management treatment; provide..........HB 287 Controlled substances; prescriptions; practitioner's name printed; require ...........HB 556 Controlled substances; prescriptions; require positive proof of identity................HB 285 Controlled substances; Schedule II and V; change certain provisions...................HB 286

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INDEX

5083

Crime and Sentencing; persons convicted of murder; imposition of life without parole............................................................................................ SB 145
Crime; knowingly manufacturing, selling, or distributing false identification documents; change penalties based upon the age of person convicted.............................................................................................. SB 100
Crimes against public health and morals; abortion; provisions..................................HB 1 Crimes and offenses; felony by certain persons; provide enhanced
penalties ...............................................................................................................HB 838 Crimes/Offenses; Georgia Bureau of Investigation investigate
certain offenses against minors, including subpoena power ................................. SB 98 Criminal Attempt; increase maximum punishment for convictions;
felonies punishable by death/life imprisonment .................................................... SB 79 Criminal Reproduction/Sale of Recorded Material; increase
penalties; provide forfeiture of certain items....................................................... SB 135 Deferred Presentment Services Act; enact; repeal "payday lending"
prohibition............................................................................................................HB 163 Deposit account fraud; insufficient funds; stop payment; include act ...................HB 564 Dogfighting; prohibit; punishments; amend provisions .........................................HB 301 Emergency 9-1-1 system; change provisions; Wireless Communications
Security Act; enact...............................................................................................HB 394 Evidence; tampering; remove requirement that such offense
involve another person......................................................................................... SB 238 Firearms; carrying and possession; certain emergency conditions;
provisions.................................................................................................................HB 6 Firearms; carrying and possession; change provisions ............................................HB 89 Firearms; certain employers; locked vehicles; provisions......................................HB 143 Firearms; public gatherings; allow constables to carry weapons ...........................HB 257 First offenders probation; status; clarify.................................................................HB 395 Georgia Personal Identity Protection Act; state agencies; breach
of security; personal information......................................................................... SB 236 Georgia Prescription Monitoring Program Act; enact............................................HB 455 Joint Commercial Sexual Exploitation of Minors Study Commission;
create .................................................................................................................... SR 445 Local boards of education; reports of criminal offenses; revise
certain provisions.................................................................................................HB 250 Obscenity crimes; distribution of obscene materials; insert new
provisions.............................................................................................................HB 226 Offenses; incest; provide for gender neutrality ........................................................ SB 54 Offenses; seizure of motor vehicles by person to facilitate sexual offenses .......... SB 219 Optometrists; provide for additional pharmaceutical agents
used for treatment purposes; standard of care ....................................................... SB 17 Persons convicted of certain felonies; voting provisions; amend - CA .................HR 128 Pistol or revolver licenses; temporary renewal permits; provisions.......................HB 850

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5084

INDEX

Psychologists; administer and prescribe drugs; provisions ....................................HB 397 Secondary Metals Recyclers; public utilities/transportation;
increased penalties ............................................................................................... SB 203 Sexual Offender Registration Review Board; register with sheriff
of any county where offender resides.................................................................. SB 249 Sexual Offenders; unlawful to photograph minors; provide penalties....................... SB 1 State and Local Tax Revision Act of 2007; enact ..................................................HB 385 Tattoo; misdemeanor; eye socket; repeal .................................................................HB 92 Woman's Ultrasound Right to Know Act; enact ....................................................HB 147
CRIMINAL JUSTICE IMPROVEMENT COUNCIL, GEORGIA Georgia Criminal Justice Improvement Council; repeal Chapter 8 .......................HB 220
CRIMINAL PROCEDURE Accusations; trial in all cases except serious violent felonies; allow.....................HB 862 Alternative attorneys; indigent defense costs; change certain provisions ..............HB 586 Bail; professional bonding companies; change provisions ....................................HB 167 Bonds; surety for good behavior; extend the period .............................................. SB 106 Certain courts; notify school superintendents of certain information; require ..................................................................................................................HB 832 Certain judicial circuits; alternate delivery systems; allow....................................HB 861 Crime and Sentencing; persons convicted of murder; imposition of life without parole............................................................................................ SB 145 Crime; knowingly manufacturing, selling, or distributing false identification documents; change penalties based upon the age of person convicted.............................................................................................. SB 100 Crimes/Offenses; Georgia Bureau of Investigation investigate certain offenses against minors, including subpoena power ................................. SB 98 Criminal procedure; custodial statements; recording; require................................HB 525 Criminal procedure; verdict in felony case; jurors; provisions ..............................HB 126 Criminal Reproduction/Sale of Recorded Material; increase penalties; provide forfeiture of certain items....................................................... SB 135 Criminal Sentencing Procedure; probation/suspension; court may inquire/consider the legality of prisoner's presence in United States .................... SB 23 Criminal Trial Proceedings; require parties to raise specific objections to jury charges prior to jury retiring to deliberate ................................ SB 97 Death penalty; jury findings; aggravating circumstance; change provisions.............................................................................................................HB 185 Division of Probation/Parole Community Based Supervision; create .....................HB 64 Evidence; limitations on admissions of extrinsic transactions; provisions ..............HB 26 Evidence; tampering; remove requirement that such offense involve another person......................................................................................... SB 238 Eyewitness Identification Accuracy Enhancement Act; enact...............................HB 308

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INDEX

5085

General Assembly; budgetary functions; reflect changes ......................................HB 529 Georgia Public Defender Standards Council; transfer from judicial
branch to executive branch .................................................................................. SB 139 Imprisonment sentence reviews; more than 12 years; three-
judge panel; repeal ...............................................................................................HB 197 Pretrial Proceedings; insanity/mental incompentency; definitions;
evaluation ............................................................................................................ SB 190 Probation/Parole Community Based Supervision, Department of; create ...............HB 65 Search warrants; issuance by judicial officers; change provisions ........................HB 710 Superior Courts; specify costs not be considered contingent expenses ................... SB 67 Warrant searches; video conference issuance; change provisions .........................HB 355 Weapons; crime or delinquent act; provisions .......................................................HB 333
CRISP COUNTY Cordele, City of; Crisp County Board of Education; change compensation .......................................................................................................HB 406

D
DACULA, CITY OF; Redevelopment Powers Law; authorize ..............................HB 769
DALLAS, CITY OF; certain officials; provisions ..................................................HB 708
DALTON, CITY OF Elbert Shaw, Jr. Regional Youth Detention Center; designate ................................HR 21
DARIEN, CITY OF; annexation of certain property; provide................................HB 409
DAWSON COUNTY; Board of Education; compensation; provisions ..................HB 684
DAY CARE Early Care and Learning, Department of; day-care centers and others; transfer duties to.......................................................................................HB 591
DEAF PERSONS (See Handicapped Persons)
DEATH PENALTY Death penalty; jury findings; aggravating circumstance; change provisions.............................................................................................................HB 185

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5086

INDEX

DEBTOR AND CREDITOR Consumer reporting agencies; identical report to consumer and creditor; require.............................................................................................HB 196 Corporations; summons of garnishment; change provisions..................................HB 121 Credit report agency; person request security freeze; provisions.............................HB 35 Credit report; place security freeze; provisions........................................................HB 38
DECATUR COUNTY; School Building Authority; create .................................... SB 126
DECATUR, CITY OF; Redevelopment Powers Law; authorize............................HB 664
DEKALB COUNTY Authority of chief executive officer to preside over meetings of the county commission; change provisions....................................................... SB 52 Board of education members; change compensation ............................................ SB 308 Change the corporate limits of the city..................................................................... SB 32 County budget; certain constitutional officers; provide exemption .......................HB 700 DeKalb County Community Improvement Districts Act of 2007; enact ...............HB 816 DeKalb County Public Facilities Authority; create................................................HB 742 DeKalb County School Board; International Community School; use of certain property; urge ................................................................................HR 888 Dunwoody, City of; incorporation, boundaries, and powers of the city .................. SB 82 Memorial Drive; redesignate portions of SR 154 and SR 10.....................................HR 4 Office of tax commissioner; change certain provisions .........................................HB 869 Require school uniforms; provide nonbinding advisory referendum.....................HB 712 Tom Scott Interchange; dedicate ............................................................................HR 212 Unincorporated DeKalb County Community Improvement District Act; redefine certain term .......................................................................HB 687
DEVELOPMENT AUTHORITIES LAW Joint authorities; members; successor nominations; provisions.............................HB 346 Joint authorities; members; successor nominations; provisions.............................HB 638
DISABLED PERSONS (See Handicapped Persons) Guide or service dog; certain persons; equal public accommodations; provide .................................................................................................................HB 366
DIVORCE (See Domestic Relations)
DOMESTIC RELATIONS Adoption; surrender rights; provisions ...................................................................HB 497 Care of a Grandchild Act; provide subsidy to certain grandparents raising grandchildren under certain circumstances................................................ SB 88

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INDEX

5087

Child custody proceedings; parental rights; provisions..............................................HB 3 Child Support Recovery; authorize Dept. of Human Resources
to impose/retain certain fees on certain child support collections......................... SB 42 Child-Placing Agency; require petitioner to submit to a criminal
history records check ............................................................................................. SB 61 Division of Probation/Parole Community Based Supervision; create .....................HB 64 Domestic relations; child custody proceedings; provisions ...................................HB 369 Domestic relations; child support; provisions ........................................................HB 540 Human Resources, Department of; child support collections fees;
authorize...............................................................................................................HB 156 Juvenile proceedings; adoption; provisions............................................................HB 599 Parent and child; legitimation; clarify methods; change provisions ......................HB 158 Probation/Parole Community Based Supervision, Department of; create ...............HB 65 Superior courts; 9-1-1 call; family violence; revise definition...............................HB 571
DORAVILLE, CITY OF Ad valorem tax; certain residents; provide homestead exemption.........................HB 493 Change the corporate limits of the city..................................................................... SB 32
DOUGHERTY COUNTY Bibb, Cobb, Dougherty, Mitchell, Monroe and Troup Counties; lease property; authorize......................................................................................HR 370 Paul Keenan Parkway; Dougherty County; dedicate ............................................. SR 229
DOUGLAS, CITY OF Municipal elections; provisions..............................................................................HB 680 SFC Nathan B. Simmons and SSGT James Q. Simmons Memorial Bridge; dedicate ...................................................................................................HR 414
DRIVERS LICENSES Driver improvement programs; curriculum; fees; provisions ................................HB 416 Driver Services, Department of; student attendance records; allow release; provisions......................................................................................HB 665 Drivers' licenses; Class C; certain persons; authorize issuance .............................HB 512 Drivers' licenses; instruction permit and Class D; mobile phones; prohibit use ..............................................................................................................HB 4 Drivers' licenses; instruction permit and Class D; mobile phones; prohibit use ..........................................................................................................HB 174 Drivers' licenses; suspended/revoke; change certain provisions;............................. SB 15 Drivers' licenses; suspensions; definitions; commercial licenses issuance; provisions .............................................................................................HB 419 Drivers' licenses; temporary licenses; provisions...................................................HB 415

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5088

INDEX

Driver's records; online; Department of Driver Services; charging fee; prohibit............................................................................................................HB 69
Limited driving permits; certain offenders; allow issuance ...................................HB 254 Motor vehicles; change definitions; drivers' licenses; provisions ..........................HB 498 Motor vehicles; commercial vehicle and fleet policy; change the
definition.............................................................................................................. SB 224 Motor vehicles; moving violation; add fine ...........................................................HB 417 Motor vehicles; speed restrictions; instruments charging violations
of speed regulations; specify two-lane or highway ............................................. SB 125 Systematic Alien Verification for Entitlements (SAVE); drivers'
licenses; immigration status of noncitizens ............................................................. SB 5
DRIVING UNDER THE INFLUENCE, DUI Driving under the influence; mandatory sentences; increase .................................HB 336 DUI Alcohol or Drug Use Risk Reduction Program; direct offender to complete...........................................................................................................HB 414
DUBLIN JUDICIAL CIRCUIT Cobb, Cordele, Dublin, Enotah, and Gwinnett Judicial Circuits; additional superior court judge; provide..............................................................HB 118 Dublin Judicial Circuit; superior court judgeship; provide ....................................HB 507
DULUTH, CITY OF; Redevelopment Powers Law; authorize ..............................HB 547

E
EARLY COUNTY South Georgia Regional Information Technology Authority Act; enact ...............HB 804
EAST POINT, CITY OF; provide new charter ......................................................HB 755
EASTERN JUDICIAL CIRCUIT Eastern Judicial Circuit; salary of chief judge; provide additional supplement ...........................................................................................................HB 513
ECONOMIC DEVELOPMENT, DEPARTMENT OF Low-income microentrepreneurs; grant program; establish...................................HB 137
ECONOMY AND ECONOMIC DEVELOPMENT Georgia Bioeconomic Development Commission; create .....................................HR 323 House Georgia Bioeconomic Development Study Committee; create ..................HR 662

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INDEX

5089

EDUCATION Annexations; ad valorem tax; independent school systems; provisions ................HB 558 Bianca Walton Anti-Bullying Act; enact................................................................HB 619 Blind Persons' Braille Literacy Rights and Education Act; enact ..........................HB 652 Board of Regents; annual reports to General Assembly; provide ..........................HB 874 Board of Regents; Georgia Aviation and Technical College; transfer positions..................................................................................................HB 891 Board of Regents; urge to establish intercollegiate wrestling programs................HR 246 Care of a Grandchild Act; provide subsidy to certain grandparents raising grandchildren under certain circumstances................................................ SB 88 Career Academies Act of 2007; enact ....................................................................HB 570 Career Academies Act; disbursement of funds by the State Board of Technical and Adult Education; charter schools............................................... SB 68 Certain courts; notify school superintendents of certain information; require ..................................................................................................................HB 832 Certain universities; Georgia entities; intellectual property; requirements............HB 474 Charter Systems Act; establishment of charter schools; revise/add definitions; establish Charter Advisory Committee .............................................. SB 39 Clean and renewable fuels; certain vehicles operated by certain government entities; require use..........................................................................HB 541 Deaf Child's Bill of Rights Act; communication needs of a deaf student.............. SB 168 DeKalb County School Board; International Community School; use of certain property; urge ................................................................................HR 888 Driver Services, Department of; student attendance records; allow release; provisions......................................................................................HB 665 Early Care and Learning, Department of; day-care centers and others; transfer duties to.......................................................................................HB 591 Education Coordinating Council; freshman graduation rate; performance indicator; establish..........................................................................HB 877 Education, Department of; State Board; Georgia Excellence Foundation; establish ...........................................................................................HB 641 Education, Department of; State Board; reporting requirements; encourage review .................................................................................................HR 470 Education; annual performance evaluations; require signature of evaluator and provide to certificated person ................................................... SB 122 Education; attendance reports; provide electronically ...........................................HB 629 Education; mandatory kindergarten; provide .........................................................HB 431 Education; pages of General Assembly; provisions...............................................HB 375 Education; public libraries; funds; state audit; change provisions ...........................HB 80 Education; required state-wide assessments; languages other than English; provide ...........................................................................................HB 432 Education; salary increases for certain certification; change provisions................HB 133 Education; school superintendents elected by majority; provide - CA ......................HR 1

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5090

INDEX

Education; secondary school teachers; alternative teaching certifications; provide .................................................................................................................HB 603
Educational programs; pilot project grants; encourage lengthening school year ...........................................................................................................HB 347
Elementary and secondary education; Georgia Day; February 12; encourage .............................................................................................................HB 125
Flexibility for Excellence in Education Act; enact.................................................HB 262 Georgia Student Finance Authority; direct loans to students;
postsecondary schools; 1% rate annually ............................................................ SB 169 General Assembly; budgetary functions; reflect changes ......................................HB 529 Georgia Charter Schools Commission; establish ...................................................HB 881 Georgia Council for the Arts; Georgia Arts Alliance; create .................................HB 291 Georgia HERO Scholarship; qualifying term of service; change definition..........HB 311 Georgia HERO Scholarship; surviving spouses be eligible students;
provide .................................................................................................................HB 131 Georgia Higher Education Savings Plan; certain college savings
plans; change certain provisions..........................................................................HB 225 Georgia Home School Opportunity and Enrichment Act; enact ............................HB 359 Georgia Homeland Security in Education Act of 2007; create ................................HB 72 Georgia Scholarships for Students with Disabilities Act; enact.............................HB 199 Georgia Special Needs Scholarship Act; public school students with
disabilities to attend other public or private schools ............................................ SB 10 Georgia Student Finance Authority; direct loans; certain students;
provisions...............................................................................................................HB 63 Grade Integrity Act; no teacher in any manner shall change grade; ethical
violation reportable to Professional Standards Commission .................................. SB 9 Group Insurance Benefits; pursuant to Title 20 and Title 45;
U.S. Internal Revenue Code ................................................................................ SB 144 Health insurance; charter school teachers and employees; provisions...................HB 559 HOPE and other scholarships; state-wide standard for honors
courses; provide ...................................................................................................HB 216 HOPE grants; eligibility requirements; Georgia Military College
students; provide ..................................................................................................HB 363 HOPE scholarships; definitions; hourly caps; provisions ......................................HB 484 HOPE scholarships; eligible postsecondary institution; revise definition .............HB 243 HOPE scholarships; home study course; provisions ..............................................HB 152 HOPE scholarships; HOPE Literacy Scholar Program; create ..............................HB 246 HOPE scholarships; remove hourly caps ...............................................................HB 228 House Study Committee on Georgia's Pre-K Program; create...............................HR 791 House Study Committee on Medical Education; create.........................................HR 668 House Study Committee on the University System of Georgia's
Intellectual Property Rights Management; create................................................HR 508 Intellectual Diversity in Higher Education Act; enact ...........................................HB 154

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INDEX

5091

Joint Higher Education Finance and Formula Study Committee; create ...............HR 426 Joint Study Committee on Continuing Education and Collegiate
Sports Programs for Students with Disabilities; create .......................................HR 322 Joint Study Committee on the Continuing Education of Special
Needs Individuals; create.....................................................................................HR 157 Local boards of education; budget deficit; public notice within
three days; require................................................................................................HB 534 Local boards of education; reimburse governing authority; certain
elections; require - CA.........................................................................................HR 592 Local boards of education; reports of criminal offenses; revise
certain provisions.................................................................................................HB 250 Local Boards of Education; require twins placed in same classroom
if parent requests; set maximum class sizes ........................................................ SB 123 Local school superintendents; compensation; change certain provisions ................HB 13 Local school superintendents; elections; provisions ................................................HB 14 Local school systems; honor Veterans' Day; urge..................................................HR 523 Lottery Funds; reserved only for the HOPE Scholarship Program - CA ............... SR 125 Multiple employer self-insured health plans; certain institutions;
provisions ............................................................................................................HB 544 Nonimmigrant foreign students; provisions ...........................................................HB 770 Nonresidential property; ad valorem school taxes; annexation;
provisions - CA....................................................................................................HR 374 Public Charter School Capital Financing Act; enact ..............................................HB 831 Public Charter Schools Act; enact ..........................................................................HB 469 Public employees and students; celebration of holidays; prohibit
restrictions..............................................................................................................HB 12 Public school employees; disciplinary meetings; representation;
provisions.............................................................................................................HB 384 Quality Basic Education Act; annual educational program; require ........................HB 32 Quality Basic Education Act; certain maximum class size requirements;
delay implementation...........................................................................................HB 332 Quality Basic Education Act; foreign language requirements;
college preparatory diploma ................................................................................ SB 170 Quality Basic Education Act; Georgia teachers; enact bill of rights......................HB 711 Quality Basic Education Act; nationally norm-referenced instruments;
revise provisions ..................................................................................................HB 637 Quality Basic Education Act; school administrative managers;
financial/business affairs; membership on the school council .............................. SB 72 Quality Basic Education; driver education courses; instructors; provisions..........HB 871 Sales and use tax exemption; certain school supplies; energy
efficient products; provide ..................................................................................HB 128 Sales and use tax; off-premise food and beverage sales; create
trust fund - CA .....................................................................................................HR 199

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5092

INDEX

Sales and use tax; textbooks; provide exemption...................................................HB 141 Sales tax; educational purposes; authorize certain expenditures............................HB 187 Scholarships; postsecondary; minimum state-wide standards
for honor courses; establishment ........................................................................... SB 75 School board members; selling school supplies; penalty; provide
exception..............................................................................................................HB 602 School Bus Drivers Appreciation Day; declare......................................................HB 791 School bus drivers; certain cellular phone use; prohibit.........................................HB 612 School Bus Safety Week; declare...........................................................................HB 790 School councils; parent members; majority; provide.............................................HB 208 Schools and hospitals; recognition program; defibrillator training;
establish ...............................................................................................................HB 692 Special license plates; Cobb County Public Schools; provide ...............................HB 671 Student Asthma Management Act; enact ...............................................................HB 654 Student Scholarship Organization and Education Improvement
Organization Board; provide ...............................................................................HB 400 Teachers Retirement System; Board of Regents; change definition ......................HB 797 Teachers Retirement System; Board of Regents; employees
participation; provisions ......................................................................................HB 870 Teachers Retirement System; Board of Regents; employees
participation; provisions ......................................................................................HB 879 Teachers Retirement System; creditable service; another state; provisions...........HB 707 Teachers Retirement System; postretirement benefit increase; provisions............HB 735 Teachers Retirement System; Regents Retirement Plan; change
provisions.............................................................................................................HB 815 The Access to Postsecondary Education Instructional Material Act; enact ...........HB 880 Universities; board of regents; teacher education program; require ......................HB 458 University System of Georgia; intellectual properties; provisions.........................HB 606 University system; international baccalaureate diploma program;
provide course credit............................................................................................HB 467 University System; revenue collected from tuition shall not lapse ........................ SB 111
EDUCATION, DEPARTMENT OF AND STATE BOARD OF Education, Department of; State Board; Georgia Excellence Foundation; establish ...........................................................................................HB 641
EFFINGHAM COUNTY Board of Commissioners; provisions .....................................................................HB 728 Board of Elections and Registration; create ...........................................................HB 705 County surveyor; abolish elected office; provide appointment..............................HB 706 Effingham County Tax Structure Study Committee; create...................................HR 955

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INDEX

5093

Industrial Development Authority; subject to county zoning ordinances; provide..............................................................................................HB 543
School District; ad valorem tax; increase exemption .............................................HB 852
ELBERT COUNTY Conveyance of certain state owned real property; authorize....................................HR 57 Office of magistrate judge; nonpartisan elections; provide....................................HB 370
ELDERLY Human Resources, Department of; Department of Aging; transfer functions...............................................................................................................HB 836 State parks; senior citizens; unlimited length of time; provide ................................HB 41
ELECTIONS Agreement Among the States to Elect the President by National Popular Vote; enact..............................................................................................HB 630 Education; school superintendents elected by majority; provide - CA ......................HR 1 Election day; registration; provisions .....................................................................HB 205 Election reform; judicial, state-wide office, and General Assembly; provisions...............................................................................................................HB 97 Elections; county election superintendent; tabulation of absentee ballots; prior to the close of the polls on the day of primary, election or runoff.............. SB 194 Elections/Primaries; qualify for a party's nomination/run for public office; provide certain requirements......................................................... SB 264 Elections; absentee voting; casting of ballots; change provisions............................HB 62 Elections; composition and number of congressional districts; provisions............HB 412 Elections; electronic recording voting systems; provisions ...................................HB 859 Elections; fraudulent acts; increase penalties ........................................................... SB 40 Elections; hearings challenging candidate's qualifications; provisions....................HB 60 Elections; nonpartisan; certain officials; provide .....................................................HB 56 Elections; nonpartisan; certain officials; provide by local law ................................HB 58 Elections; nonpartisan; sheriffs, district attorneys, and solicitor generals; provide..................................................................................................HB 381 Elections; optical scan ballots; provisions..............................................................HB 858 Elections; primaries; voting; provisions .................................................................HB 487 Elections; tampering of electronic voting machines; increase penalty ......................HB 8 Electronic recording voting systems; permanent paper record; require.....................HB 9 Ethics in Government Act; change provisions ....................................................... SB 243 Fair Campaign Practices Act; enact..........................................................................HB 23 Georgia Public Financing for State-wide Judicial Office Campaign Act; enact .............................................................................................................HB 102 Georgia Townships Act; creation ............................................................................ SB 89 Incarcerated persons; moral turpitude felonies; prohibit voting - CA ...................HR 123

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5094

INDEX

Joint Legislative Study Committee on Judicial Election Reform; create.................HR 47 Lobbyists and public officers; gifts; revise provisions...........................................HB 888 Local boards of education; reimburse governing authority; certain
elections; require - CA.........................................................................................HR 592 Local school superintendents; elections; provisions ................................................HB 14 O.C.G.A.; correct errors/omissions; Title 21.......................................................... SB 124 Sales tax; educational purposes; authorize certain expenditures............................HB 187 Special elections; held on certain dates; provide....................................................HB 296 Special Elections; questions to the voters shall be held on certain dates ................. SB 71 State do-not-call list; ADAD equipment; solicitation of votes; provisions..............HB 22 Voter registration; proof of citizenship; require .......................................................HB 43
ELECTRIC UTILITIES AND ELECTRICAL SERVICE Electric suppliers; renewable energy and energy efficiency standards; implement ...........................................................................................HB 829 Renewable energy; voluntary portfolio standard goals; provide............................HB 840 State Government; clarify meaning of criminal action; replace Dept. of Administrative Services with Office of Treasury/Fiscal Services....................... SB 175
ELECTRICAL CONTRACTORS, PLUMBERS, CONDITIONED AIR CONTRACTORS, LOW-VOLTAGE CONTRACTORS, AND UTILITY CONTRACTORS Residential/General Contractors; revise the licensure provisions .......................... SB 115 State Construction Industry Licensing Board; Class I; provide changes ...............HB 611
ELECTRONIC RECORDS AND SIGNATURES Biometric Information Protection Act; enact .........................................................HB 276
EMERGENCY MANAGEMENT ACT Community Health, Department of; emergency transportation services; permits; require .......................................................................................HB 73 Emergency management; nomenclature and symbols; require permission; provisions ..........................................................................................HB 76 Emergency Management; state-wide first responder building mapping information system; definitions; rule/regulations................................... SB 33 Firearms; carrying and possession; certain emergency conditions; provisions.................................................................................................................HB 6 Mattie's Call Act; revise/redesignate Article 7 ....................................................... SB 202

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INDEX

5095

EMERGENCY MEDICAL SERVICES Georgia State Indemnification Commission; composition; define certain terms......................................................................................................... SB 254 Georgia Trauma Care Network Commission; establish; create Georgia Trauma Trust Fund .................................................................................. SB 60 Schools and hospitals; recognition program; defibrillator training; establish ...............................................................................................................HB 692
EMINENT DOMAIN Pipeline Companies; exempt certain acquisitions of add. pipeline right of way from restrictions and conditions...................................................... SB 173
EMPLOYEES' RETIREMENT SYSTEM (See Retirement and Pensions or State Employees)
EMPLOYMENT AND EMPLOYMENT SECURITY Employment security; employment; change definition; provisions.......................HB 443 House Self-employment Assistance Program; create.............................................HR 427 Income tax credits; employers; retraining programs; change certain provisions.................................................................................................HB 194 Retirement; full-time teacher; full-time employment and benefits; provide..........HB 157
ENERGY Affordable Energy Efficient Homes Act of 2007; enact ........................................HB 577 Income tax credits; business property; renewable energy property; provide .................................................................................................................HB 438 Municipal government; certain franchise fees; additional requirements ...............HB 428
ENGINEERS AND LAND SURVEYORS Qualified Soil Scientists; evaluations/reports shall be accepted by Dept. of Natural Resources/Dept. Human Resources..................................... SB 226
ENOTAH JUDICIAL CIRCUIT Cobb, Cordele, Dublin, Enotah, and Gwinnett Judicial Circuits; additional superior court judge; provide..............................................................HB 118 Enotah Judicial Circuit; superior court judgeship; create.......................................HB 104
ENVIRONMENTAL FACILITIES AUTHORITY Renewable energy; voluntary portfolio standard goals; provide............................HB 840
ENVIRONMENTAL PROTECTION (Also, see Conservation and Natural Resources) Coastal Georgia Beach Preservation Trust Fund; create - CA ...............................HR 471

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5096

INDEX

Coastal salt marshlands; urge Board of Natural Resources to protect .....................HR 51 Jekyll Island Authority; to exercise restraint in the redevelopment
of resort and other facilities on island; urge ........................................................HR 182 Jekyll Island Authority; to protect south end of Jekyll Island
from development; urge ......................................................................................HR 619
ESTATES (See Wills, Trusts, and Administration of Estates)
ETHICS IN GOVERNMENT Election reform; judicial, state-wide office, and General Assembly; provisions...............................................................................................................HB 97 Ethics in Government Act; change provisions ....................................................... SB 243 Fair Campaign Practices Act; enact..........................................................................HB 23 Lobbyists and public officers; gifts; revise provisions...........................................HB 888 Local school superintendents; elections; provisions ................................................HB 14
EVIDENCE Animal Fighting Act; change certain provisions...................................................... SB 16 Certain communication confidentiality; state legislator and constituent; provide .................................................................................................................HB 365 Evidence; limitations on admissions of extrinsic transactions; provisions ..............HB 26 Persons convicted of certain sex offenses; probation; DNA analysis; provide ..................................................................................................HB 314 Property; railroads; provisions................................................................................HB 430
EXCISE TAX Excise tax; public accommodation furnishings; change certain provisions...........HB 302 Excise tax; public accommodation furnishings; change certain provisions...........HB 607
EXECUTIONS AND JUDICIAL SALES Offenses; seizure of motor vehicles by person to facilitate sexual offenses .......... SB 219

F
FAIR LENDING ACT Fair lending; temporary loan; add definition..........................................................HB 562
FAMILY (Also, see Domestic Relations) Family literacy; local communities; express support ...............................................HR 55
FAMILY VIOLENCE Superior courts; 9-1-1 call; family violence; revise definition...............................HB 571
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INDEX

5097

FAMILY-PLANNING SERVICES Community Health, Department of; care management organization; drug rebates; require refund...................................................................................HB 18 Family planning services; definitions; medical referral services; provisions.............................................................................................................HB 526
FARMS AND FARM PRODUCTS Agricultural/Forest Products; limited liability for owners/operators of farms offering agritourism under certain circumstances................................. SB 272 Agricultural Commodity Commissions; ratification of commissions; change certain provisions..................................................................................... SB 165 Agritourism activities; regulation; provisions ........................................................HB 584 Commercial feeds; definitions; change certain provisions.....................................HB 135 Commercial feeds; labeling requirements; exclude equine feed............................HB 122 Farm owners; agritourism activities; provide limited liability ...............................HB 453 Georgia Blueberry Commission; create .................................................................HB 649 Georgia Building Authority; general provisions; operational powers ................... SB 130 Gerald Dasher Memorial State Farmers' Market; dedicate ....................................HR 524 Sales and use tax; certain fuels; dairy production; provide exemption ..................HB 248 Sales and use tax; certain fuels; dairy production; provide exemption ..................HB 407
FEDERAL GOVERNMENT Agreement Among the States to Elect the President by National Popular Vote; enact..............................................................................................HB 630 Banks and others; penalize for account deduction after notice; urge Congress ......................................................................................................HR 278 Citizenship; urge Congress to amend birth right provisions ..................................HR 127 Commuter Rail; Athens to Atlanta; urging U.S. Congress to provide funding.................................................................................................... SR 263 Congress and President of the United States; 20 U.S.C. Section 1091(r); urge to repeal .......................................................................................................HR 420 Congress; urge to end violence in Sudan................................................................HR 273 Congress; urged to raise allowable deduction for health savings accounts............ SR 139 Elections; composition and number of congressional districts; provisions............HB 412 Financial Literacy Month; urge state and national officials to support..................HR 825 Income tax; federal obligations; taxable income; revise provisions ......................HB 441 PeachCare; urge Congress to enroll children of public employees..........................HR 90 Proposed merger of two satellite radio providers; urge Attorney General to oppose ................................................................................................HR 885 Security and Prosperity Partnership of North America; urge Congress to withdraw ..........................................................................................HR 688

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5098

INDEX

Security and Prosperity Partnership of North America; urge Congress to withdraw ..........................................................................................HR 858
State Children's Health Insurance Plan; urge Congress to provide funding.............HR 13 U.S. Congress; urge to reform U.S. sugar policy ................................................... SR 326 U.S. sugar policy; urge Congress to reform ...........................................................HR 170 United States National Health Insurance Act; urge Congress to adopt..................HR 168
FINANCIAL INSTITUTIONS Banks and others; penalize for account deduction after notice; urge Congress ......................................................................................................HR 278 Financial Institutions; update banking laws to reflect changes in federal law ......................................................................................................... SB 70 Georgia Residential Mortgage Act; enact ..............................................................HB 718 Republic of Sudan; certain transactions and bids by state agencies; prohibit.................................................................................................................HB 160
FINES AND FORFEITURES Certain judicial circuits; alternate delivery systems; allow....................................HB 861 Georgia Public Defender Standards Council; transfer from judicial branch to executive branch .................................................................................. SB 139
FIRE PROTECTION AND SAFETY 2007 Georgia Fire Officer Development Act; enact ..............................................HB 113 Fire escapes; buildings over 15 feet high; provide certain safety requirements.........................................................................................................HB 290 Georgia Fire Officer Development Act; fire officer development training; definitions................................................................................................ SB 44
FIREARMS (Also, see Weapons) Concealed weapons; transporting of certain firearms; change provisions .................HB 7 Firearms; carrying and possession; certain emergency conditions; provisions.................................................................................................................HB 6 Firearms; carrying and possession; change provisions ............................................HB 89 Firearms; certain employers; locked vehicles; provisions......................................HB 143 Pistol or revolver licenses; temporary renewal permits; provisions.......................HB 850
FIREFIGHTERS 2007 Georgia Fire Officer Development Act; enact ..............................................HB 113 Georgia Fire Officer Development Act; fire officer development training; definitions................................................................................................ SB 44

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INDEX

5099

FISH AND FISHING (Also, see Game and Fish) Fishermen's Right to Know Act; enact ...................................................................HB 717 Lifetime honorary hunting and fishing licenses; certain military veterans; provide..................................................................................................HB 595 Shrimp and shrimping; revise various provisions ..................................................HB 100
FLOWERY BRANCH, CITY OF Redevelopment Powers Law; authorize .................................................................HB 371
FLOYD COUNTY Board of education; provide compensation of the members ................................. SB 322 Hospital Authority; filling vacancies; change certain provisions...........................HB 776 Probate Court; office of judge; nonpartisan elections ............................................ SB 149 Public Property; conveyance; granting of easements for facilities, utilities 6 counties ................................................................................................ SR 249
FOOD, DRUGS, AND COSMETICS Community Health, Department of; HMOs; Medicaid services; require disclosure...................................................................................................HB 19 Controlled substances; prescriptions; practitioner's name printed; require ...........HB 556 Food standards; redefine food sales establishment; provide certain exemptions ...............................................................................................HB 253 Food; license requirements; fees; applications; change provisions........................HB 112 Generic drugs; health insurance coverage; provisions ...........................................HB 367 Georgia State Board of Pharmacy; registry of pharmacy technicians; establish ...............................................................................................................HB 330 House Study Committee on Trans Fat Alternatives for the Georgia Food Industry; create ...........................................................................................HR 826 Licensed pharmacists; injectable medications; certificate of need requirements; exempt...........................................................................................HB 765 Meat and dairy processing plants; licenses; change certain provisions .................HB 433 Pharmacy Consumer Protection and Transparency Act; enact ..............................HB 798 Pharmacy, State Board of; mails/common carriers; prescription drug; shall not be grounds for sanctioning license of pharmacist ....................... SB 178 Prescription drugs; approximate retail price; define; provisions............................HB 454 Prescription drugs; generic; change provisions ......................................................HB 127 Prescription drugs; sold by certain Georgia companies; access restrictions; prohibit.............................................................................................HB 180 Prescription Medication Integrity Act .................................................................... SB 205 Sales and use tax; certain prepared food and beverage donations; provide exemption ...............................................................................................HB 169

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5100

INDEX

Special Licenses; surviving spouses of disabled veterans to continue to receive free disabled veterans plates...................................................................... SB 81
U.S. sugar policy; urge Congress to reform ...........................................................HR 170
FOREIGN GOVERNMENTS Government of Turkey; urge to grant the Ecumenical Patriarch international recognition ......................................................................................HR 415 Security and Prosperity Partnership of North America; urge Congress to withdraw...............................................................................................................HR 858
FOREST PARK, CITY OF Authorize to exercise all redevelopment/other powers; provide referendum ........................................................................................................... SB 302 Redevelopment Powers Law; authorize .................................................................HB 635
FOREST RESOURCES State Forestry Commission; qualifications of the director; change provisions............................................................................................................. SB 116 State Forestry Commission; reports to General Assembly; change certain provisions................................................................................................. SB 176
FORGERY AND FRAUDULENT PRACTICES Certificate of insurance; intent to defraud; provisions ...........................................HB 145 Computer Security; persons provide identifying information by falsely representing themselves to be a business; definitions; penalties........................... SB 24 Crime; knowingly manufacturing, selling, or distributing false identification documents; change penalties based upon the age of person convicted.............................................................................................. SB 100 Crimes/Offenses; Georgia Bureau of Investigation investigate certain offenses against minors, including subpoena power ................................. SB 98 Deposit account fraud; insufficient funds; stop payment; include act ...................HB 564 Georgia Personal Identity Protection Act; state agencies; breach of security; personal information......................................................................... SB 236
FORSYTH COUNTY Board of Education; increase the per diem expense allowance; chairperson/board members................................................................................. SB 303 Forsyth County Civil Service System Act; application; exempt certain employees ................................................................................................HB 834 Public property; authorize conveyance...................................................................HR 369
FORT VALLEY, CITY OF; corporate limits; change...........................................HB 835

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INDEX

5101

FRANKLIN COUNTY Franklin-Heard County Water Authority; quorum; unanimous vote; provide ........................................................................................................HB 694
FUEL (See Gas, Gasoline, and Gas Services)
FULTON COUNTY Board of Education; members; provide salaries.....................................................HB 733 Community improvement districts; redefine certain term......................................HB 734 Fulton County Industrial District; create; prohibit governing authority from levying any tax for educational purposes .................................... SB 301 Greater Fulton Water Authority Act; provide for definitions; powers/duties ....................................................................................................... SB 306 Joint Study Committee on Fulton County; create ..................................................HR 351 McPherson Implementing Local Redevelopment Authority Act; enact ................HB 817 Public property; authorize conveyance...................................................................HR 369 Superior Court; judges; increase amount of supplement ....................................... SB 312
FUNERAL SERVICES, CEMETERIES, AND BURIAL GROUNDS Cemeterians State Board; members qualifications; change certain provisions.............................................................................................................HB 391 Funeral directors and embalmers; licenses; reciprocity; provisions.......................HB 401 Funeral establishments; adequate stock of funeral caskets; provisions....................HB 90 Funeral service contracts; plat marked with location of grave space; provide ......................................................................................................HB 278 Funeral Service State Board; funeral businesses; mandatory hours; prohibit .................................................................................................................HB 299 House Study Committee on the Funeral Service Profession; create ......................HR 720
FUNSTON, CITY OF Edward Sidney "Dick" Chambers Memorial Highway; dedicate ..........................HR 321

G
GAMBLING Dogfighting; prohibit; punishments; amend provisions .........................................HB 301
GAME AND FISH Animal Fighting Act; change certain provisions ..................................................... SB 16 Board of Natural Resources; rules; game and fish criminal violations; change certain provisions.....................................................................................HB 239 Farm Laborers; provide a definition....................................................................... SB 239
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5102

INDEX

Fishermen's Right to Know Act; enact ...................................................................HB 717 Game and fish; certain deer management programs; permits; provide..................HB 466 Game and fish; licenses; veterans' lifetime sportman's; charter
fishing guide and pier fishing; provisions .............................................................HB 81 Hunting and fishing licenses; exception for nonresidents 65 and older;
provide ..................................................................................................................HB 29 Income tax credit; qualified wildlife rehabilitator expenses; provide ....................HB 674 Lifetime honorary hunting and fishing licenses; certain military
veterans; provide..................................................................................................HB 595 Nongame species; taking of; add............................................................................HB 142 Shrimp and shrimping; revise various provisions ..................................................HB 100 Wild animal licenses; water buffalo; add exemption .............................................HB 418 Wildlife Management Area land acquisition program; reallocation
of funds; urge .......................................................................................................HR 881
GARDEN CITY, CITY OF Mayor and city council; council president election; provide .................................HB 362
GARNISHMENT PROCEEDINGS Corporations; summons of garnishment; change provisions..................................HB 121
GAS, GASOLINE, AND GAS SERVICES Gas; public convenience and necessity certificates; provide for revocation.......................................................................................................HB 587 House Study Committee on Interstate Gas Capacity Planning; create...................HR 828 Municipal government; certain franchise fees; additional requirements ...............HB 428 Natural Gas Competition and Deregulation Act; Public Service Commission; provisions ......................................................................................HB 759 Natural gas; universal service fund; permit excess amounts..................................HB 746 Public Service Commission; gas companies; interstate capacity assets; provisions .................................................................................................HB 522 Sales and use tax; certain alternative fuel facilities; temporary exemption ...........HB 186 Sales and use tax; certain fuels; dairy production; provide exemption ..................HB 248 Sales and use tax; certain fuels; dairy production; provide exemption ..................HB 407 Sales and use tax; gas, oil, and coal; aquariums; provide exemption.....................HB 148 Sales and use tax; jet fuel; allocate funds for public-use airports - CA .................HR 228 Sales and use tax; jet fuel; provide partial exemption ............................................HB 193 Sales and use tax; motor fuels; prepayments; World Congress Center; Jekyll Island; Ports Authority; provisions ..............................................HB 219 Water, gas and other services; limited liens for unpaid charges; change certain provisions.....................................................................................HB 713 Water, gas and other services; limited liens for unpaid charges; change certain provisions.....................................................................................HB 721

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INDEX

5103

GENERAL ASSEMBLY Adjournment; relative to......................................................................................... SR 622 Adjournment; relative to...........................................................................................HR 11 Adjournment; relative to.........................................................................................HR 183 Adjournment; relative to.........................................................................................HR 473 Adjournment; relative to......................................................................................... SR 126 Audits and Accounts, Department of; annual reports on state agencies; require ....................................................................................................HB 91 Board of Regents; annual reports to General Assembly; provide ..........................HB 874 Delta Air Lines; urge the United States Department of Justice to oppose the proposed takeover............................................................................HR 50 Education; pages of General Assembly; provisions...............................................HB 375 Effingham County Tax Structure Study Committee; create...................................HR 955 Election reform; judicial, state-wide office, and General Assembly; provisions...............................................................................................................HB 97 Elections; nonpartisan; certain officials; provide by local law ................................HB 58 Emergency 9-1-1 Assistance Fund; certain revenue dedication; authorize - CA......................................................................................................HR 534 Financial Literacy Month; urge state and national officials to support..................HR 825 General Appropriations Act; State Fiscal Year 2006-2007; change appropriations ........................................................................................................HB 82 General Appropriations Act; State Fiscal Year 2006-2007; change appropriations ........................................................................................................HB 83 General appropriations; State Fiscal Year July 1, 2007 - June 30, 2008..................HB 95 General Assembly Convened; notify Governor ......................................................... SR 2 General Assembly; budgetary functions; reflect changes ......................................HB 529 General Assembly; committees; subpoena persons; provisions...............................HB 57 General Assembly; four-year terms of office for members; provide - CA ................HR 2 Georgia Criminal Justice Improvement Council; repeal Chapter 8 .......................HB 220 Georgia Legislative Youth Advisory Council; create ............................................HB 542 Hospital authorities; vacancies; General Assembly; change by local act ..............HB 151 House and Senate; certain committees; amend Official Code of Georgia Annotated references ...........................................................................HB 98 House convened; notify Senate ..................................................................................HR 7 House Study Committee on the Need for Improving Available Remedies for Defending Against Frivolous and Malicious Litigation; create.....................HR 596 House; adopt Rules .....................................................................................................HR 8 House; relative to officials, employees, and committees ...........................................HR 9 Joint Atlantic Coastal Beach Preservation and Maintenance Study Committee; create...................................................................................... SR 327 Joint Higher Education Finance and Formula Study Committee; create ...............HR 426 Joint Human Services Transportation Study Commission; create ......................... SR 154

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5104

INDEX

Joint Legislative Study Committee on Judicial Election Reform; create.................HR 47 Joint Nonpoint Source Pollution Control Study Committee; create ...................... SR 283 Joint Session; inauguration of Governor and Lieutenant Governor........................... SR 9 Joint session; message from Chief Justice of Supreme Court..................................HR 41 Joint session; message from Governor .....................................................................HR 10 Joint Study Committee on Continuing Education and Collegiate Sports Programs for Students with Disabilities; create ..........................................HR 322 Joint Study Committee on Fulton County; create ..................................................HR 351 Joint Study Committee on Layperson Training in Automated
External Defibrillators; create..............................................................................HR 412 Joint Study Committee on Local Government; create ...........................................HR 511 Joint Study Committee on State Health Benefit Plan Design; create.....................HR 512 Joint Study Committee on State Stroke System of Care; create ..............................HR 15 Joint Study Committee on State Stroke System of Care; create .............................. SR 30 Joint Study Committee on the Continuing Education of Special
Needs Individuals; create.....................................................................................HR 157 Joint Study Committee on the State Health System; create ...................................HR 350 Joint Study Committee on Viability of Commuter Rail Service
from Atlanta to West Point; create ......................................................................HR 149 Justice, Dept. of U.S.; urged to oppose the proposed unsolicited
takeover of Delta Air Lines ................................................................................... SR 49 Legislative sessions; length; provide - CA .............................................................HR 856 Lobbyists and public officers; gifts; revise provisions...........................................HB 888 Municipality incorporation; General Assembly local Acts; provide
additional requirements........................................................................................HB 275 O.C.G.A.; correct errors/omissions; Title 21.......................................................... SB 124 O.C.G.A; correct errors/omissions ......................................................................... SB 103 O.C.G.A; correct errors/omissions; Title 47........................................................... SB 104 Regional grand juries; creation; provide - CA........................................................HR 882 Rosa Parks and others; portraits in the state capitol; authorize ..............................HR 121 Senate; provide four-year terms of office for members CA................................... SR 279 State Fiscal Year; July 1, 2007 - June 30, 2008; provide appropriations ................HB 84 State Fiscal Year; July 1, 2007- June 30, 2008; provide appropriations..................HB 85 Supplemental appropriations; State Fiscal Year July 1, 2006 - June 30,
2007 .......................................................................................................................HB 94 Transportation Funding; create joint study committee........................................... SR 365
GENERAL PROVISIONS, OCGA Coretta Scott King Day; observe April 27; annually................................................HB 88 Georgia Day; observe February 12; annually.........................................................HB 387 House and Senate; certain committees; amend Official Code of Georgia Annotated references ...........................................................................HB 98 O.C.G.A.; correct errors/omissions; Title 21.......................................................... SB 124

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INDEX

5105

O.C.G.A; correct errors/omissions ......................................................................... SB 103 O.C.G.A; correct errors/omissions; Title 47........................................................... SB 104 Public employees and students; celebration of holidays; prohibit
restrictions..............................................................................................................HB 12 School Bus Drivers Appreciation Day; declare......................................................HB 791 School Bus Safety Week; declare...........................................................................HB 790 Slavery; acknowledge Georgia's role; urge reconciliation ...................................HR 1011
GEOLOGISTS Qualified Soil Scientists; evaluations/reports shall be accepted by Dept. of Natural Resources/Dept. Human Resources..................................... SB 226
GEORGETOWN, CITY OF Georgetown-Quitman County; conflict of laws; change provisions ......................HB 808
GEORGIA BUILDING AUTHORITY Georgia Building Authority; general provisions; operational powers ................... SB 130
GEORGIA BUREAU OF INVESTIGATION (GBI) Crimes/Offenses; Georgia Bureau of Investigation investigate certain offenses against minors, including subpoena power ................................. SB 98 First offenders probation; status; clarify.................................................................HB 395 Georgia Crime Information Center; publication of statistics; revise provisions .................................................................................................... SB 62 Georgia Methamphetamine Offender Registry; establish ......................................HB 793 Mattie's Call Act; revise/redesignate Article 7 ....................................................... SB 202
GEORGIA FIRE ACADEMY Georgia Fire Officer Development Act; fire officer development training; definitions................................................................................................ SB 44
GILMER COUNTY Board of commissioners; provisions ......................................................................HB 783 Coosawattee Regional Water and Sewerage Authority; create ..............................HB 801
GORDON COUNTY Board of commissioners; districts; change description ..........................................HB 511 Coosawattee Regional Water and Sewerage Authority; create ..............................HB 801

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5106

INDEX

GOVERNOR Audits and Accounts, Department of; annual reports on state agencies; require ....................................................................................................HB 91 Budget Act; periodic application of zero-base budgeting; analysis of departmental/program objectives ...................................................................... SB 12 Budget/Financial Affairs; creation of website which the public can view the state budget ....................................................................................... SB 29 Charter Systems Act; establishment of charter schools; revise/add definitions; establish Charter Advisory Committee .............................................. SB 39 Georgia Government Accountability Act; establish.................................................HB 31 Georgia Government Accountability Act; establish...............................................HB 495 Georgia Public Defender Standards Council; transfer from judicial branch to executive branch .................................................................................. SB 139 Georgia Trauma Care Network Commission; establish; create Georgia Trauma Trust Fund .................................................................................. SB 60 Governor; emergency powers; firearms; limit........................................................HB 774 Joint Session; inauguration of Governor and Lieutenant Governor........................... SR 9 Redevelopment; require training with programs; create Redevelopment Powers Training Board ........................................................................................ SB 225 Saving the Cure Act; create the Newborn Umbilical Cord Blood Bank for postnatal tissue and fluid; Georgia Commission for Saving the Cure................. SB 148 Secretary of State; authorize to designate/establish facilities; government agency as a branch depository; Division of Archives/History ............................ SB 210
GRANTS Local government budgets and audits; grant certifications; provisions .................HB 714 Low-income microentrepreneurs; grant program; establish...................................HB 137
GREENE COUNTY Board of elections and registration; create .............................................................HB 234 Certain officials; county health insurance program; provisions.............................HB 675
GWINNETT COUNTY Board of Commissioners; provisions .....................................................................HB 741 Board of Commissioners; provisions .....................................................................HB 740 Gwinnett Judicial Circuit; salary supplements for the judges; change provisions ................................................................................................ SB 158 Merit System Act; enact .........................................................................................HB 533 Public Property; conveyance; granting of easements for facilities, utilities 6 counties ............................................................................................................. SR 249 Storm-water Authority; create ................................................................................ SB 147

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INDEX

5107

GWINNETT JUDICIAL CIRCUIT Gwinnett Judicial Circuit; tenth judge for superior courts; provide.......................HB 476

H
HABEAS CORPUS State court proceedings; first time; death sentence; change certain provisions.............................................................................................................HB 578
HALL COUNTY Board of Commissioners; expense allowance; change provisions.........................HB 775 Public property; authorize conveyance...................................................................HR 369
HAMPTON, CITY OF; Public Facilities Authority; repeal ..................................... SB 90
HANCOCK COUNTY Board of Commissioners; consolidate amendatory Acts........................................HB 785 Board of Education; member terms; change provisions.........................................HB 688
HANDICAPPED PERSONS Ad valorem tax; homestead exemption; disabled veterans; change provisions.............................................................................................................HB 561 Blind Persons' Braille Literacy Rights and Education Act; enact ..........................HB 652 Children with disabilities; basic therapy services; establish requirements ............HB 549 Georgia Commission on Hearing Impaired and Deaf Persons; create ...................HB 655 Georgia Scholarships for Students with Disabilities Act; enact.............................HB 199 Guide or service dog; certain persons; equal public accommodations; provide .................................................................................................................HB 366 Handicapped persons; community trusts; provisions .............................................HB 646 Joint Study Committee on Continuing Education and Collegiate Sports Programs for Students with Disabilities; create .......................................HR 322 Joint Study Committee on the Continuing Education of Special Needs Individuals; create.....................................................................................HR 157 Jury duty; primary caregiver of certain persons; provide exemption ....................HB 188 Qualified disabled veterans; homestead exemption; increase amount ...................HB 823 Telephone system; physically impaired; provisions...............................................HB 745
HARRIS COUNTY Ad valorem tax; homestead exemption; residents 65 or older; change qualifications ...........................................................................................HB 788 Coroner; fix compensation .....................................................................................HB 761

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5108

INDEX

HEALTH Advanced Practice Registered Nurse; revise definition; licensed registered nurse .................................................................................................... SB 222 Blood donation; minimum age; change .................................................................HB 729 Certain medicines; purchase; provide minimum age .............................................HB 739 Certificate of need requirements; new institutional health service; revise definition ...................................................................................................HB 376 Certificate of Need; extensive revision; provide ....................................................HB 581 Certificate of Need; repeal......................................................................................HB 263 Certificate of Need; revise provisions ....................................................................HB 210 Chronic Kidney Disease Task Force; establishment; develop a plan for education; membership; duties/responsibilities .................................... SB 45 Community Health, Department of; certain members; mental health coverage; require.......................................................................................HB 423 Community Health, Department of; county health departments; provisions.............................................................................................................HB 456 Community Health, Department of; emergency transportation services; permits; require .......................................................................................HB 73 Congress; urged to raise allowable deduction for health savings accounts............ SR 139 County boards of health; soil reports; modify standards........................................HB 217 Death certificates; hospice, nursing home, or hospital; provisions ..........................HB 44 Delayed birth certificates; petitions in probate and superior court; permit ............HB 111 Diabetes in Georgia; urge Georgia Department of Community Health to increase efforts .....................................................................................HR 757 Eugenics movement; Georgia's participation; express regret.................................HR 122 Georgia Advance Directive for Health Care Act; enact ...........................................HB 24 Georgia Board of Nursing; reducing nursing shortage; urge to consider method...............................................................................................HR 758 Georgia Building Authority; general provisions; operational powers ................... SB 130 Georgia HIV Pregnancy Screening Act of 2007; enact..........................................HB 429 Georgia Smokefree Air Act of 2005; performers in live theater; provide exemption ...............................................................................................HB 300 Georgia State Indemnification Commission; composition; define certain terms......................................................................................................... SB 254 Georgia Trauma Care Network Commission; establish; create Georgia Trauma Trust Fund .................................................................................. SB 60 Health Care Competition, Transparency and Improvement Act; enact .................HB 568 Health care data; available to consumers; provide .................................................HB 628 Health care facilities; certain reports; require...........................................................HB 61 Health Care Transformation; create joint study committee ................................... SR 355 Health, Department of; combine Department of Human Resources and Department of Community Health..................................................................HB 47

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INDEX

5109

Health; board for distribution/delivery of dead bodies; change certain provisions................................................................................................. SB 204
Hospital authorities; vacancies; General Assembly; change by local act ..............HB 151 Hospital Health Care Standards Commission; create............................................... SR 22 Hospital Litigation Protection Act; enact ...............................................................HB 425 Hospital; acquisitions; notice to the Attorney General; change
certain provisions................................................................................................. SB 134 Hospitals; circulating nurses for surgical services; provide requirements .............HB 589 House Medical Device Study Committee; create...................................................HR 272 House Study Committee on Chronic Kidney Disease; create ................................HR 790 House Study Committee on Medical Education; create.........................................HR 668 House Study Committee on Pain Management; create ..........................................HR 663 House Study Committee on Tanning Salon Consumer Protection; create.............HR 425 Human Resources, Department of; certain mental health facilities;
privatization; require............................................................................................HB 461 Human Resources, Department of; Department of Aging; transfer
functions...............................................................................................................HB 836 Human Resources, Department of; task force on chronic kidney
disease; establish..................................................................................................HB 203 Incapacitated persons; medical treatment; decision-making panel; provide..........HB 235 Income tax credit; prescribed hearing aids; provide...............................................HB 622 Joint Study Committee on Layperson Training in Automated
External Defibrillators; create..............................................................................HR 412 Joint Study Committee on State Health Benefit Plan Design; create.....................HR 512 Joint Study Committee on State Stroke System of Care; create ..............................HR 15 Joint Study Committee on the State Health System; create ...................................HR 350 Licensed pharmacists; injectable medications; certificate of
need requirements; exempt ..................................................................................HB 765 Local government; Georgia Procurement Registry; provisions .............................HB 672 Long-term Care Facility Resident Abuse Reporting Act; change
definition ..............................................................................................................HB 233 Motor vehicles; moving violation; add fine ...........................................................HB 417 New institutional health service; revise definition .................................................HB 337 Newborn screening program; assessment; revise certain provisions .....................HB 352 Nonprofit hospitals; certain records inspection; provide........................................HB 427 Paramount right to life; human beings; provisions - CA........................................HR 536 Peace Officers' Annuity and Benefit Fund; certain persons; provide
membership..........................................................................................................HB 732 Physicians; retired; continuing education hours; provisions ..................................HB 626 Prescription drugs; sold by certain Georgia companies; access
restrictions; prohibit.............................................................................................HB 180 Public health system; career track program to recruit and retain
nurses; require establishment...............................................................................HB 833

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5110

INDEX

Qualified Soil Scientists; evaluations/reports shall be accepted by Dept. of Natural Resources/Dept. Human Resources..................................... SB 226
Ray Biddy and Gene Mullis Act; renal disease facilities and personnel.................. SB 57 Sales and use tax; nonprofit volunteer health clinics; provide exemption .............HB 294 Sales and use tax; performing arts centers and amphitheater facilities;
nonprofit volunteer health clinics; provide exemption ........................................HB 162 Saving the Cure Act; create the Newborn Umbilical Cord Blood Bank for
postnatal tissue and fluid; Georgia Commission for Saving the Cure................. SB 148 Schools and hospitals; recognition program; defibrillator training;
establish ...............................................................................................................HB 692 Special license plates; autism; provide...................................................................HB 252 State Commission on Government Health Services Reform; create......................HB 514 State health provisions; new acute cancer treatment hospitals; provide
exemption.............................................................................................................HB 249 State of Georgia; establish National Bio and AgroDefense Facility;
urge to continue efforts ........................................................................................HR 886 Student Asthma Management Act; enact ...............................................................HB 654 Tattoo; misdemeanor; eye socket; repeal .................................................................HB 92 Vital records; redact social security numbers; provide ..........................................HB 284 Walker's Act; vital records; registration and certificate of births; enact ..................HB 15 Woman's Ultrasound Right to Know Act; enact ....................................................HB 147
HEALTH CARE PLANS Certain health plans; state and local insurance premium taxes; provide additional exemptions.............................................................................HB 404 Community Health, Department of; care management organization; drug rebates; require refund...................................................................................HB 18 Community Health, Department of; certain members; mental health coverage; require.......................................................................................HB 423 Georgia Advance Directive for Health Care Act; enact ...........................................HB 24 Georgia Assignment Pool Underwriting Authority; create ......................................HB 28 Health Care Plans; continued access to care; enrollees; definitions......................... SB 73 Health insurance; COBRA coverage; provide certain notices ...............................HB 709 House Study Committee to incentivize indigent health care by physicians; create............................................................................................HR 721 Insurance; anatomic pathology services; provide direct billing .............................HB 342 Insurance; coverage for vaccinations for cervical cancer and hpv; provide ............HB 11 Insurance; health savings account; high deductible heath plans; provide................HB 27 PeachCare; urge Congress to enroll children of public employees..........................HR 90 Pharmacy; pricing structure; prescription drugs; prior authorization; prohibit...................................................................................................................HB 45 Sales and use tax; off-premise food and beverage sales; create trust fund - CA .....................................................................................................HR 199

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INDEX

5111

State Children's Health Insurance Plan; urge Congress to provide funding.............HR 13 The Children's Health Insurance Act; enact ...........................................................HB 324 United States National Health Insurance Act; urge Congress to adopt..................HR 168
HEALTH INSURANCE Certain health plans; state and local insurance premium taxes; provide additional exemptions.............................................................................HB 404 Community Health, Department of; care management organization; drug rebates; require refund...................................................................................HB 18 Community Health, Department of; certain members; mental health coverage; require.......................................................................................HB 423 Community Health, Department of; HMOs; Medicaid services; require disclosure...................................................................................................HB 19 Georgia Advance Directive for Health Care Act; enact ...........................................HB 24 Georgia Assignment Pool Underwriting Authority; create ......................................HB 28 Health insurance; COBRA coverage; provide certain notices ...............................HB 709 House Study Committee to incentivize indigent health care by physicians; create............................................................................................HR 721 Insurance; anatomic pathology services; provide direct billing .............................HB 342 Insurance; coverage for vaccinations for cervical cancer and hpv; provide ............HB 11 Insurance; health savings account; high deductible heath plans; provide................HB 27 Pharmacy; pricing structure; prescription drugs; prior authorization; prohibit...................................................................................................................HB 45 Sales and use tax; off-premise food and beverage sales; create trust fund - CA .....................................................................................................HR 199 State Children's Health Insurance Plan; urge Congress to provide funding.............HR 13 State Children's Health Insurance Plan; urge U.S. Congress to provide funding and ensure reauthorization ........................................................ SR 6 The Children's Health Insurance Act; enact ...........................................................HB 324 United States National Health Insurance Act; urge Congress to adopt..................HR 168
HEALTH PLANNING; CERTIFICATE OF NEED Certificate of need requirements; new institutional health service; revise definition ...................................................................................................HB 376 Certificate of Need; extensive revision; provide ....................................................HB 581 Certificate of Need; repeal......................................................................................HB 263 Certificate of Need; revise provisions ....................................................................HB 210 Georgia HIV Pregnancy Screening Act of 2007; enact..........................................HB 429 Georgia Trauma Care Network Commission; establish; create Georgia Trauma Trust Fund .................................................................................. SB 60 Health Care Competition, Transparency and Improvement Act; enact .................HB 568 Licensed pharmacists; injectable medications; certificate of need requirements; exempt ..................................................................................HB 765

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5112

INDEX

New institutional health service; revise definition .................................................HB 337 State health provisions; new acute cancer treatment
hospitals; provide exemption ...............................................................................HB 249
HEARD COUNTY Franklin-Heard County Water Authority; quorum; unanimous vote; provide ........................................................................................................HB 694 School district taxes; citizens age 65 or older; increase homestead exemption.............................................................................................................HB 693
HEARING AND HEARING AIDS (See Handicapped Persons)
HENRY COUNTY; Ed Echols Memorial Highway; dedicate................................HR 130
HIAWASSEE, CITY OF Ad valorem tax; municipal purposes; provide homestead exemption....................HB 501
HIGHWAYS, BRIDGES, AND FERRIES Bailey, Jackson; dedicate SR 278 through Rutledge................................................HR 45 Billy Lancaster Memorial Highway; dedicate........................................................HR 423 Bohler, Dr. Charles Emory; designate portions of SR 26 ......................................HR 146 Charles and Mary Cowart Bypass; designate portion of SR 45 Alternate .............HR 469 Commuter rail project; approve funding; provide referendum ..............................HB 269 Ed Echols Memorial Highway; dedicate ................................................................HR 130 Eddie Wiggins Bridge; Houston County; dedicate ................................................ SR 104 Edgar Stamey Memorial Interchange; dedicate......................................................HR 242 Edward Sidney "Dick" Chambers Memorial Highway; dedicate ..........................HR 321 Emmett Henry Austin Memorial Bridge; dedicate................................................. SR 136 Erk Russell Highway; designate portions of SR 26 ...............................................HR 147 Georgia Aviation Authority Act; create ................................................................. SB 290 Georgia State Indemnification Commission; composition; define certain terms......................................................................................................... SB 254 Georgia's High Tech Corridor; certain portion; remove designation; Golden Isles Parkway; dedicate...........................................................................HR 201 Highway System; alternative tourism routes; creation........................................... SB 282 Highway System; Dept. of Transportation; RV friendly markers on specific service signs for business establishments ........................................... SB 87 Hospitality Highway; dedicate GA 400..................................................................HR 195 Joe Lee Thompson Highway; redesignate portions of I-285......................................HR 5 L. M. Moye, Jr. Memorial Bridge; Stewart County; dedicate.................................. SR 63 Lt. Carl Kelly Memorial Highway; dedicate ..........................................................HR 526 Major Byron S. McGuire, Sr. Memorial Bridge; dedicating.................................. SR 357 Memorial Drive; redesignate portions of SR 154 and SR 10.....................................HR 4

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INDEX

5113

Outdoor advertising signs; highways; certain height limitations; provisions.............................................................................................................HB 610
Paul Keenan Parkway; Dougherty County; dedicate ............................................. SR 229 Phil Walden Memorial Interchange; dedicating..................................................... SR 301 POW Julian Abel Memorial Bridge; dedicating .................................................... SR 296 Public roads; lack of removal of vehicles; liable for gross negligence ..................HB 231 Public Works Bidding; provide definitions; advertisement of
contract opportunities .......................................................................................... SB 146 Railroad grade crossings; active warning devices; define; provisions...................HB 426 Railroads; refusal to perform maintenance requests; change
appeal procedure ..................................................................................................HB 868 Ralph Lively Memorial Highway; dedicate ...........................................................HR 531 Recycling services; commend; encourage highway construction
to use recycled products.......................................................................................HR 245 Right of way acquisition; additional method; definitions; provisions....................HB 161 SFC Nathan B. Simmons and SSGT James Q. Simmons Memorial
Bridge; dedicate ...................................................................................................HR 414 SGT David Samuel Collins Memorial Interchange; dedicate ..................................HR 88 Sgt. Kelley L. Courtney Interchange; dedicate.......................................................HR 349 Sheriff D. J. Connell Memorial Highway; dedicate ...............................................HR 468 Speed detection devices; certain highways; remove restriction on use..................HB 631 State highway system; certain portions; dedicate...................................................HR 171 Tom Scott Interchange; dedicate ............................................................................HR 212 Transportation, Department of; contracts; provisions ............................................HB 192 Transportation, Department of; pay costs of removal, relocation, or
adjustment of utility facilities necessitated by construction of public roads....................................................................................................................... SB 19 Vehicle Weight/Load; allow operator to comply with weight requirements by shifting/equalizing on all wheels............................................... SB 284 Vehicles and loads; fines for excess weight; provisions ........................................HB 536 Walter E. "Eddie" Elder Interchange; Barrow County; dedicate .............................HR 14
HOLIDAYS AND OBSERVANCES Coretta Scott King Day; observe April 27; annually................................................HB 88 Elementary and secondary education; Georgia Day; February 12; encourage .............................................................................................................HB 125 Franklin Delano Roosevelt Day; declare................................................................HB 737 Georgia Day; observe February 12; annually.........................................................HB 387 Public employees and students; celebration of holidays; prohibit restrictions..............................................................................................................HB 12 School Bus Drivers Appreciation Day; declare......................................................HB 791

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5114

INDEX

HOME SCHOOLS Georgia Home School Opportunity and Enrichment Act; enact ............................HB 359 HOPE scholarships; home study course; provisions ..............................................HB 152
HOMEOWNER TAX RELIEF GRANTS Ad valorem property tax; qualified motor vehicles; provide for the elimination................................................................................................HB 585 Local government; homeowner tax relief grant notification; provisions ...............HB 354
HOMERVILLE, CITY OF; Water and Sewer Authority; create........................... SB 186
HOMESTEAD EXEMPTION Homestead exemption; certain surviving spouses; provide definition.....................HB 99 Homestead exemption; certain surviving spouses; provide definition...................HB 298
HOMESTEAD OPTION SALES TAX Homestead option sales and use tax; disbursing proceeds; change manner and method..............................................................................................HB 264
HOSPITALS AND OTHER HEALTH CARE FACILITIES Certificate of Need; extensive revision; provide ....................................................HB 581 Certificate of Need; revise provisions ....................................................................HB 210 Death certificates; hospice, nursing home, or hospital; provisions ..........................HB 44 Georgia Building Authority; general provisions; operational powers ................... SB 130 Health care facilities; certain reports; require...........................................................HB 61 Hospital authorities; vacancies; General Assembly; change by local act ..............HB 151 Hospital Health Care Standards Commission; create............................................... SR 22 Hospital Litigation Protection Act; enact ...............................................................HB 425 Hospital; acquisitions; notice to the Attorney General; change certain provisions................................................................................................. SB 134 Hospitals; circulating nurses for surgical services; provide requirements .............HB 589 Nonprofit hospitals; certain records inspection; provide........................................HB 427 Psychologists; administer and prescribe drugs; provisions ....................................HB 397 Sales and use tax; nonprofit volunteer health clinics; provide exemption .............HB 294 Schools and hospitals; recognition program; defibrillator training; establish ...............................................................................................................HB 692 State health provisions; new acute cancer treatment hospitals; provide exemption.............................................................................................................HB 249
HOUSE OF REPRESENTATIVES 4-H Clubs of Georgia; recognize and invite certain officials to House .................HR 204 "Africa Day"; recognize and invite certain officials to House ...............................HR 372 Banks, Carrington; commend and invite to House.................................................HR 620

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INDEX

5115

"Black Contractors Day"; February 1, 2007; commend and invite to House .....................................................................................................HR 126
Bremen High School Varsity Cheerleading Squad; commend and invite to the House .........................................................................................HR 54
Brown, James; honor and invite family to House ..................................................HR 417 Burns, Glenn; commend and invite to House.........................................................HR 148 Castellaneta, Giovanni; Ambassador of Italy; recognize and
invite to House .....................................................................................................HR 276 Certain communication confidentiality; state legislator and constituent;
provide .................................................................................................................HB 365 Chambliss, U.S. Senator Saxby; commend and invite to House ...........................HR 243 Chaney, Kayla; commend and invite to House ......................................................HR 593 China, People's Republic of; cooperation; Zhou Wenzhong;
invite to House .....................................................................................................HR 226 Clayton State University Lady Lakers; commend and invite to House .................HR 667 Collins Hill High School Eagles girls basketball; commend
and invite to House ..............................................................................................HR 532 Columbus Northern Little Leaguers; congratulate and invite to House...................HR 18 "Delta Sigma Theta Day"; commend and invite sorority representatives
to House ...............................................................................................................HR 530 Dublin H.S. Fighting Irish football; '06 Class AA Champions;
invite to House .....................................................................................................HR 227 East Hall High School girls basketball team; commend and
invite to House .....................................................................................................HR 621 Ferraro, Geraldine Anne; commend and invite to House.........................................HR 89 "Forestry Day at the Capitol"; February 1, 2007; recognize
and invite to House ...............................................................................................HR 92 Foster care organizations; commend and invite leadership to House ....................HR 472 Georgia Associations of Health Underwriters; commend and
invite to House .......................................................................................................HR 91 Georgia Farm Bureau Federation; commend and invite to the House .....................HR 53 Georgia Peach Festival; commend and invite 2006 Peach Queens
to House ...............................................................................................................HR 184 Georgia veterinarians; commend and invite to House ...........................................HR 105 "Girls and Women in Sports Day"; Feb. 8, 2007; commend
and invite to House ..............................................................................................HR 145 Goddard, Bruce; commend and invite to House.....................................................HR 718 Golden, Dr. Willie "Bill"; commend and invite to House......................................HR 510 Gooch, Karen Peck; commend and invite to House...............................................HR 521 Gordon, Susan; commend and invite to House ......................................................HR 689 Gordon, Susan; invite to House..............................................................................HR 852 Graham, Paul; commend and invite to House ........................................................HR 594 Greenbrier High School baseball team; commend and invite to House.................HR 347

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5116

INDEX

House Climate Study Committee; create................................................................HR 422 House Georgia Bioeconomic Development Study Committee; create ..................HR 662 House Mental Health Professionals Study Committee; create.................................HR 49 House Rules; amend Rule 18....................................................................................HR 46 House Rules; Pledge of Allegiance to the Georgia Flag; provide..........................HR 274 House Self-employment Assistance Program; create.............................................HR 427 House Study Committee on a Flexible Work Week; create...................................HR 666 House Study Committee on Cellular Phone Contract, Billing, and Rebate
Practices; create ...................................................................................................HR 205 House Study Committee on Chronic Kidney Disease; create ................................HR 790 House Study Committee on Eyewitness Identification Procedures; create............HR 352 House Study Committee on Georgia's Pre-K Program; create...............................HR 791 House Study Committee on Interstate Gas Capacity Planning; create...................HR 828 House Study Committee on Medical Education; create.........................................HR 668 House Study Committee on Pain Management; create ..........................................HR 663 House Study Committee on Prison System Terrorist Recruitment; create ............HR 375 House Study Committee on Tanning Salon Consumer Protection; create.............HR 425 House Study Committee on the Funeral Service Profession; create ......................HR 720 House Study Committee on the Need for Improving Available Remedies
for Defending Against Frivolous and Malicious Litigation; create.....................HR 596 House Study Committee on the Power of Arrest and Peace
Officer Certification in Georgia; create ...............................................................HR 424 House Study Committee on the University System of Georgia's
Intellectual Property Rights Management; create................................................HR 508 House Study Committee on Trans Fat Alternatives for the Georgia
Food Industry; create ...........................................................................................HR 826 House Study Committee on Unbanked and Underbanked Consumers;
create ....................................................................................................................HR 827 House Study Committee on Viability of Commuter Rail Service
from Atlanta to West Point; create ......................................................................HR 150 House Study Committee to incentivize indigent health care
by physicians; create............................................................................................HR 721 House; adopt Rules .....................................................................................................HR 8 House; amend Rules ...............................................................................................HR 595 House; relative to officials, employees, and committees ...........................................HR 9 Jennette, Emily; commend and invite to the House of Representatives ................HR 824 Jennings III, Mr. Phillip; commend and invite to House .........................................HR 44 Jonesboro High School mock trial team, 2007; commend and
invite to House .....................................................................................................HR 717 Kozak, Amanda; Miss Georgia 2006; commend and invite to House ...................HR 535 LaFayette High School wrestling team; commend and invite to House ................HR 851 Lakeside High School golf team; commend and invite to House ..........................HR 419 Leavell, Chuck; commend and invite to House........................................................HR 93

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INDEX

5117

Lott, Mr. Francis M.; commend and invite to House .............................................HR 277 Manchester H.S. Blue Devils basketball team; commend and
invite to House .....................................................................................................HR 607 Manchester H.S. Blue Devils basketball team; commend and
invite to House .....................................................................................................HR 608 McMichael, Miss Bliss; congratulate and invite to House.......................................HR 42 Milton High School Girls Lacrosse Team; commend and invite to House............HR 618 Moore, Mr. James "Red"; commend and invite to House ......................................HR 259 Munson, Larry; Voice of the Georgia Bulldogs; commend and
invite to House .....................................................................................................HR 957 North Oconee softball team; 2006 Class AA State Champions;
invite to House .....................................................................................................HR 203 Northside High School Eagles; commend and invite to House ...............................HR 43 Northview High School girls swim and dive team; commend
and invite to House ..............................................................................................HR 665 Oconee Co. High School softball team; '06 AAA State Champions;
invite to House .....................................................................................................HR 202 Peach County High School Trojans football team; commend
and invite to House ..............................................................................................HR 467 Peachtree Ridge High School Lions football team; commend
and invite to House ..............................................................................................HR 120 Peachtree Ridge High School varsity cheerleaders; commend
and invite to House ..............................................................................................HR 124 Perry, Tyler; commend and invite to House...........................................................HR 418 Pro Cheer Junior Coed and Senior All-Girl teams; commend
and invite to House ..............................................................................................HR 528 Roswell High School Hornets football team; commend and
invite to House .....................................................................................................HR 348 Sams, Ferrol A., Jr., M.D.; honor retirement; invite to House ...............................HR 247 Senate Convened; notify House of Representatives................................................... SR 1 Shockley, Eugene "D.J.", Jr.; quarterback; commend and invite to House ...........HR 104 St. Patrick's Day Parade Committee; commend and invite to House.....................HR 373 Tucker H.S. Tigers boys varsity basketball team; commend
and invite to House ..............................................................................................HR 664 Vaughn, Beverly; commend and invite to House...................................................HR 854 Ward, Mr. Hines, Jr.; commend and invite to House .............................................HR 211 West GA Wolverines wheelchair basketball team; commend
and invite to House .............................................................................................HR 606 Wilkins, Dominique; basketball legend; commend and invite to House ...............HR 533 Williams, J.T.; commend and invite to House .......................................................HR 857 World of Cheer; 2007 Cheersport Nationals; commend and
invite to House .....................................................................................................HR 525 World of Cheer; commend and invite to House .....................................................HR 346

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5118

INDEX

HOUSING (See Buildings and Housing)
HOUSTON COUNTY; Eddie Wiggins Bridge; Houston County; dedicate........... SR 104
HUMAN RESOURCES, DEPARTMENT OF Chronic Kidney Disease Task Force; establishment; develop a plan for education; membership; duties/responsibilities .................................... SB 45 Environmental Protection Division; certification revocation; relative to soil erosion and sedimentation control; change provisions .................................HB 463 Health, Department of; combine Department of Human Resources and Department of Community Health..................................................................HB 47 Human Resources, Department of; certain mental health facilities; privatization; require............................................................................................HB 461 Human Resources, Department of; child support collections fees; authorize ......................................................................................................HB 156 Human Resources, Department of; Department of Aging; transfer functions...............................................................................................................HB 836 Human Resources, Department of; personal care home owners; criminal history; permit .......................................................................................HB 155 Human Resources, Department of; task force on chronic kidney disease; establish..................................................................................................HB 203 Human Resources, Dept. of; urged to name district health office building at Northwest Georgia Regional Hospital in honor of Dr. Raymond F. Corpe...................................................................................................................... SR 87 Mental health; patient advocacy board; create .......................................................HB 535 Public health system; career track program to recruit and retain nurses; require establishment...............................................................................HB 833 Qualified Soil Scientists; evaluations/reports shall be accepted by Dept. of Natural Resources/Dept. Human Resources..................................... SB 226 Social services; recovery of assistance from liable third parties; change certain provisions.....................................................................................HB 505
HUNTING (Also, see Game and Fish) Hunting and fishing licenses; exception for nonresidents 65 and older; provide ..................................................................................................................HB 29 Lifetime honorary hunting and fishing licenses; certain military veterans; provide..................................................................................................HB 595

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INDEX

5119

I
INCOME TAX Affordable Energy Efficient Homes Act of 2007; enact ........................................HB 577 Cost-of-Living Tax Fairness Act; enact .................................................................HB 175 Georgia Council for the Arts; Georgia Arts Trust; create; provide tax credit ..............................................................................................................HB 351 Georgia Higher Education Savings Plan; certain college savings plans; change certain provisions.....................................................................................HB 225 Georgia taxable net income; excludable retirement income amount; amend...................................................................................................................HB 195 Income tax credit; 5 percent of Earned Income Credit; provisions..........................HB 10 Income tax credit; business property; renewable energy property; provide...........HB 438 Income tax credit; certain businesses; biotechnology; provide..............................HB 198 Income tax credit; certain businesses; definitions; provisions ...............................HB 440 Income tax credit; certain qualified business investments; provide.......................HB 435 Income tax credit; certain qualified low-income community investments; provide .................................................................................................................HB 437 Income tax credit; certain volunteer firefighters; provide ......................................HB 826 Income tax credit; employers; retraining programs; change certain provisions.................................................................................................HB 194 Income tax credit; film, video, or digital productions; increase amount................HB 439 Income tax credit; historic structures rehabilitation; change calculation method...............................................................................................HB 851 Income tax credit; personal mass transportation expenses; provide ......................HB 307 Income tax credit; prescribed hearing aids; provide...............................................HB 622 Income tax credit; qualified low-income buildings; change certain provisions.................................................................................................HB 405 Income tax credit; qualified wildlife rehabilitator expenses; provide ....................HB 674 Income tax credit; wood residuals; provide............................................................HB 670 Income tax; certain armed service members; exempt military income..................HB 686 Income tax; certain state income tax credits; change certain provisions................HB 361 Income tax; federal obligations; taxable income; revise provisions ......................HB 441 Income tax; rate computation; certain tax tables; change ......................................HB 204 Income tax; retirement income; earned income allowance; eliminate limitation..............................................................................................................HB 878 Income Taxes; new definitions; modify the computation of deductible business expenses............................................................................... SB 184 Insurance companies; tax credits; venture capital schemes; provisions.................HB 444 Insurance; health savings account; high deductible heath plans; provide................HB 27 Public Charter School Capital Financing Act; enact ..............................................HB 831 Refundable income tax credits; low-income residents; provisions ........................HB 335 Right of way acquisition; additional method; definitions; provisions....................HB 161

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5120

INDEX

Saving the Cure Act; create the Newborn Umbilical Cord Blood Bank for postnatal tissue and fluid; Georgia Commission for Saving the Cure................. SB 148
Setoff debt collection; public housing authorities; authorize .................................HB 327 State income tax; abolish; increase rate of tax on certain services;
provisions...............................................................................................................HB 66 State income tax; corporations; provide gradual reduction; abolish
January 1, 2010 ....................................................................................................HB 176 State income tax; periods of limitation; additional claims for refunds;
authorize.................................................................................................................HB 40 Student Scholarship Organization and Education Improvement
Organization Board; provide ...............................................................................HB 400 Taxable net income; retirement benefits; military service; state tax;
exempt....................................................................................................................HB 86 Taxation; real estate investment trusts; dividends; clarify state conformity ..........HB 447
INDEMNIFICATION OF PUBLIC OFFICERS AND EMPLOYEES Georgia State Indemnification Commission; composition; define certain terms......................................................................................................... SB 254 Georgia State Indemnification Fund; definitions; change terms..............................HB 48 State Government; clarify meaning of criminal action; replace Dept. of Administrative Services with Office of Treasury/Fiscal Services....................... SB 175
INDIGENT (Also, see Social Services) House Study Committee to incentivize indigent health care by physicians; create .................................................................................................HR 721 Long-term Care Facility Resident Abuse Reporting Act; change definition..............................................................................................................HB 233
INDIGENT DEFENSE ACT Alternative attorneys; indigent defense costs; change certain provisions ..............HB 586 Certain judicial circuits; alternate delivery systems; allow....................................HB 861 Georgia Public Defender Standards Council; transfer from judicial branch to executive branch .................................................................................. SB 139 Indigent Defense; create Joint Study Committee ................................................... SR 246 Superior Courts; specify costs not be considered contingent expenses ................... SB 67
INDUSTRIAL LOANS Georgia Industrial Loan Act of 2007; enact ...........................................................HB 420
INFECTIOUS DISEASES State of Georgia; establish National Bio and AgroDefense Facility; urge to continue efforts ........................................................................................HR 886

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INDEX

5121

INSURANCE Captive insurance companies; Georgia Insurers Insolvency Pool; provisions.............................................................................................................HB 408 Certain health plans; state and local insurance premium taxes; provide additional exemptions ..........................................................................................HB 404 Certificate of insurance; intent to defraud; provisions ...........................................HB 145 Community Health, Department of; HMOs; Medicaid services; require disclosure...................................................................................................HB 19 Construction contracts; required insurance coverage; provisions ..........................HB 138 Drug-Free Work Programs; provide for onsite/oral testing ..................................... SB 96 Generic drugs; health insurance coverage; provisions ...........................................HB 367 Georgia Assignment Pool Underwriting Authority; create ......................................HB 28 Georgia Assignment Pool Underwriting Authority; create ....................................HB 752 Georgia Consumer Driven Health Insurance Plan; provide for development of plans by the Commissioner of Insurance................................... SB 153 Group Insurance Benefits; pursuant to Title 20 and Title 45; U.S. Internal Revenue Code ................................................................................ SB 144 Health Care Plans; continued access to care; enrollees; definitions......................... SB 73 Health insurance; COBRA coverage; provide certain notices ...............................HB 709 House Study Committee to incentivize indigent health care by physicians; create............................................................................................HR 721 Income tax credits; qualified low-income buildings; change certain provisions.................................................................................................HB 405 Insurance Commissioner; waive retaliatory obligations, prohibitions or restrictions under certain circumstances; provide exceptions ......................... SB 213 Insurance companies in Georgia; certain drivers; provide discounted rates on automobile policies; urge .......................................................................HR 411 Insurance companies; tax credits; venture capital schemes; provisions.................HB 444 Insurance; anatomic pathology services; provide direct billing .............................HB 342 Insurance; appointment of agents by authorized insurer before licensing background checks ............................................................................... SB 113 Insurance; authorize agents to charge/collect certain fees; provide for keeping records of such fees; separate receipts ............................................. SB 183 Insurance; certain high deductible health plans; provide exemption .....................HB 242 Insurance; coverage for vaccinations for cervical cancer and hpv; provide ............HB 11 Insurance; definitions; include plan administrators in prompt pay requirements.................................................................................................. SB 109 Insurance; group life policy coverage; remove participation requirement.............HB 864 Insurance; health savings account; high deductible heath plans; provide................HB 27 Insurance; insureds send legal action notices to their insurers; require .................HB 583 Insurance; marketing and sales; prohibit unscrupulous practices ..........................HB 844 Insurance; policies; languages other than English; provide ...................................HB 472

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5122

INDEX

Insurance; protect members of United States armed forces; unscrupulous practices; marketing/sale of insurance ............................................ SB 84
Insurance; rates; private passenger motor vehicles; provisions .............................HB 867 Insurance; third party's lienholder; provisions .......................................................HB 673 Insurance; uninsured motor vehicle; available coverages are inadequate to
cover person's bodily injury/property damage losses .......................................... SB 276 Insurance; uninsured motorist coverage; provisions ..............................................HB 592 Long-term care insurance; changes to certain definitions; provide........................HB 648 Medical Malpractice Insurance Reform Act; enact................................................HB 378 Motor Vehicle Accident Reparations; valid certificate of self-insurance in
another state qualify as self-insurer in this state.................................................. SB 192 Motor vehicle leases; insurance coverage; provisions .............................................HB 17 Motor Vehicles; commercial vehicle and fleet policy; change the
definition.............................................................................................................. SB 224 Multiple employer self-insured health plans; certain institutions;
provisions ............................................................................................................HB 544 Mutual Holding Company Act; enact.....................................................................HB 377 Pharmacy; pricing structure; prescription drugs; prior authorization;
prohibit...................................................................................................................HB 45 Public policy; insurance contracts; indemnification; provisions............................HB 136 Sales and use tax; off-premise food and beverage sales; create
trust fund - CA .....................................................................................................HR 199 State Children's Health Insurance Plan; urge U.S. Congress to provide
funding and ensure reauthorization ......................................................................... SR 6 United States National Health Insurance Act; urge Congress to adopt..................HR 168 Workers' compensation records inquiry service; create .........................................HB 661
INSURANCE, DEPARTMENT AND COMMISSIONER Motor Vehicles; commercial vehicle and fleet policy; change the definition.............................................................................................................. SB 224
INTEREST AND USURY Judicial Accounting; add a penalty, late fees, and interest for failure to remit certain funds/ reports to authority .............................................................. SB 266 Pawnbrokers; title pawn transactions; provisions ..................................................HB 398 Pawnbrokers; title pawn transactions; provisions ..................................................HB 720

J
JACKSON COUNTY Board of county commissioners; change voting by chairperson...........................HB 697 New commissioner districts; provisions................................................................HB 601
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5123

JAILS (See Penal Institutions)
JEFF DAVIS COUNTY; create board of elections; provisions..............................HB 388
JEFFERSON COUNTY Sheriff; compensation; change provisions.............................................................. SB 310 State Court; compensation of the judge/solicitor-general of the court; change provisions ................................................................................................ SB 309
JOHNS CREEK, CITY OF Parks and Recreation Authority; create ..................................................................HB 524 Public Buildings and Facilities Authority; create...................................................HB 523
JONES COUNTY Board of Commissioners; compensation of members; change provisions.............HB 738
JUDGES Appellate court judges; elected on or after July 1, 2008; provide benefits ............HB 855 Associate juvenile court judges; appointment; change qualifications....................HB 168 Associate juvenile court judges; hearing in certain cases; change provisions.............................................................................................................HB 334 Brunswick Judicial Circuit; fifth judge for superior courts; provide .......................HB 34 Certain justices and judges; annual salaries; increase ............................................HB 119 Cobb, Cordele, Dublin, Enotah, and Gwinnett Judicial Circuits; additional superior court judge; provide..............................................................HB 118 Cordele Judicial Circuit; superior court judgeship; create .....................................HB 295 Dublin Judicial Circuit; superior court judgeship; provide ....................................HB 507 Eastern Judicial Circuit; salary of chief judge; provide additional supplement ...........................................................................................................HB 513 Employees' Retirement System; appellate court judges; benefits at 60; provide .................................................................................................................HB 309 Enotah Judicial Circuit; superior court judgeship; create.......................................HB 104 Georgia Judicial Retirement System; creditable service; superior court judges and district attorneys; provisions ....................................................HB 545 Georgia Judicial Retirement System; superior court judges and district attorneys; change provisions................................................................................HB 856 Georgia Judicial Retirement System; superior court judges secretaries; provide membership ............................................................................................HB 348 Gwinnett Judicial Circuit; tenth judge for superior courts; provide.......................HB 476 Imprisonment sentence reviews; more than 12 years; three-judge panel; repeal....................................................................................................................HB 197

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5124

INDEX

Stone Mountain Judicial Circuit; judges; provide compensation supplement ...........................................................................................................HB 506
Teachers Retirement System; Trial Judges and Solicitors Retirement Fund; provisions ..................................................................................................HB 842
JUDICIAL ACCOUNTING Judicial Accounting; add a penalty, late fees, and interest for failure to remit certain funds/ reports to authority............................................... SB 266
JUDICIAL CIRCUITS Appalachian Judicial Circuit; investigators make arrests; provide ........................HB 782 Certain judicial circuits; alternate delivery systems; allow....................................HB 861 Cobb, Cordele, Dublin, Enotah, and Gwinnett Judicial Circuits; additional superior court judge; provide..............................................................HB 118 Cordele Judicial Circuit; superior court judgeship; create .....................................HB 295 Dublin Judicial Circuit; superior court judgeship; provide ....................................HB 507 Eastern Judicial Circuit; salary of chief judge; provide additional supplement ...........................................................................................................HB 513 Enotah Judicial Circuit; superior court judgeship; create.......................................HB 104 Gwinnett Judicial Circuit; tenth judge for superior courts; provide.......................HB 476 Piedmont Circuit; terms of court; change provisions ...............................................HB 53 Stone Mountain Judicial Circuit; judges; provide compensation supplement ...........................................................................................................HB 506 Walton Judicial Circuit; create ...............................................................................HB 179
JURIES Court bailiffs; minimum and maximum allowable per diem compensation; increase ........................................................................................HB 795 Court bailiffs; per diem compensation; increase ....................................................HB 751 Criminal procedure; verdict in felony case; jurors; provisions ..............................HB 126 Death penalty; jury findings; aggravating circumstance; change provisions.............................................................................................................HB 185 Georgia Regional Grand Jury Act; enact................................................................HB 860 Jury duty; primary caregiver of certain persons; provide exemption ....................HB 188 Regional grand juries; creation; provide - CA........................................................HR 882
JUVENILE PROCEEDINGS Associate juvenile court judges; appointment; change qualifications....................HB 168 Associate juvenile court judges; hearing in certain cases; change provisions.............................................................................................................HB 334 Certain courts; notify school superintendents of certain information; require ..................................................................................................................HB 832 Child Advocate, Office of; provide confidentiality of records............................... SB 128

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INDEX

5125

Family reunification; duration of certain court orders; provide more time............HB 303 Foster Parents Bill of Rights; children who are privately placed;
provide administrative hearing for aggrieved parties .......................................... SB 188 Interstate Compact for Juveniles; enact; repeal previous compact ..........................HB 50 Judges; compensation/grants for judicial salaries; change certain
provisions............................................................................................................. SB 223 Juvenile courts; hearings; change certain provisions; Division of Family
and Children Services; provide certain requirements..........................................HB 153 Juvenile proceedings; adoption; provisions............................................................HB 599 Juvenile proceedings; appointment of guardian ad litem; change
provisions.............................................................................................................HB 270 Juvenile proceedings; arrest and detention of accused children;
change provisions ..................................................................................................HB 52 Juvenile proceedings; hearings; general public; admit...........................................HB 613 Juvenile proceedings; unruly children; detention; change certain
provisions.............................................................................................................HB 662

K KENNESAW, CITY OF; corporate city limits; change provisions........................HB 647

L
LABOR AND INDUSTRIAL RELATIONS Drug-Free Work Programs; provide for onsite/oral testing ..................................... SB 96 Employment security; employment; change definition; provisions.......................HB 443 Farm Laborers; provide a definition....................................................................... SB 239 Firearms; certain employers; locked vehicles; provisions......................................HB 143 Insurance; definitions; include plan administrators in prompt pay requirements......................................................................................................... SB 109 Labor, Department of; Division of Occupational Safety and Health; create ....................................................................................................................HB 719 Labor, Dept. of; transfer of Rehabilitation Services; provide delivery of certain services/techniques to deaf-blind individual .......................... SB 49 Medical services; physician's fees; require board approval ...................................HB 597 Minimum wage law; substantive and comprehensive reform; provisions .............HB 845 Minimum wage; raise amount ................................................................................HB 882 Secretary of State; labor organizations; provisions ................................................HB 854 State of Georgia; certain employers; pay employees living wage; require; provisions.............................................................................................................HB 572

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5126

INDEX

Subsequent Injury Trust Fund; payment of assessments; change certain provisions............................................................................................................. SB 131
Workers' compensation; farm laborer; provide definition; claim filings; benefits; provisions ..............................................................................................HB 424
LABOR, DEPARTMENT OF Labor, Department of; Division of Occupational Safety and Health; create ....................................................................................................................HB 719
LAKES (See Rivers, Lakes, and Harbor Development)
LAMAR COUNTY; Joint Board of Elections and Registration; create..................HB 666
LAND (See Property)
LANDLORD AND TENANT Dispossessory Proceedings; clarify the process for judgments by defaults; definitions........................................................................................... SB 94 Security deposits; change and provide for definitions ...........................................HB 668
LANDSCAPE ARCHITECTS Qualified Soil Scientists; evaluations/reports shall be accepted by Dept. of Natural Resources/Dept. Human Resources..................................... SB 226
LANIER COUNTY Probate judge serves as chief magistrate; January 1, 2009; provide ......................HB 582
LAW ENFORCEMENT OFFICERS AND AGENCIES Crimes/Offenses; Georgia Bureau of Investigation investigate certain offenses against minors, including subpoena power ................................. SB 98 Criminal procedure; custodial statements; recording; require................................HB 525 Employees' Retirement System; narcotics agents; purchase prior service.............HB 209 Eyewitness Identification Accuracy Enhancement Act; enact...............................HB 308 First offenders probation; status; clarify.................................................................HB 395 General Assembly; budgetary functions; reflect changes ......................................HB 529 Georgia Crime Information Center; publication of statistics; revise provisions............................................................................................................... SB 62 Georgia Methamphetamine Offender Registry; establish ......................................HB 793 Georgia Peace Officer Standards and Training Council; membership; change certain provisions.....................................................................................HB 669 Georgia Ports Authority; employees; power of arrest; peace officers; require ..................................................................................................................HB 218

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INDEX

5127

Georgia State Prison warden; passenger motor vehicle; repeal certain provisions.................................................................................................HB 245
Law enforcement officers; stop motorists; race or ethnicity; prohibit ...................HB 149 Law enforcement officers; stop motorists; race or ethnicity; prohibit ...................HB 722 Mattie's Call Act; revise/redesignate Article 7 ....................................................... SB 202 Public Safety, Department of; sell and purchase of motor vehicles;
allow commissioner .............................................................................................HB 368 Serious traffic offenses; felony fleeing; attempt to elude police;
provisions...............................................................................................................HB 75 Weapons; crime or delinquent act; provisions .......................................................HB 333
LAWRENCEVILLE, CITY OF; Redevelopment Powers Law; authorize ...........HB 520
LIBERTY COUNTY Ad valorem tax; homestead exemption; define certain term..................................HB 767 School District; ad valorem tax; homestead exemption; define certain term ..........................................................................................................HB 768
LIBRARIES, LIBRARIANS Education; public libraries; funds; state audit; change provisions ...........................HB 80
LICENSE PLATES AND REGISTRATION Commercial Vehicles; local tag agents; International Registration Plan ................. SB 77 Motor vehicles; change definitions; drivers' licenses; provisions ..........................HB 498 Motor vehicles; commercial motor vehicle; define; license plates; provisions.............................................................................................................HB 518 Motor vehicles; commercial vehicle and fleet policy; change the definition.............................................................................................................. SB 224 Motor vehicles; light transmission through windows; materials; provisions ..............................................................................................................HB 79 Motor vehicles; registration of a vehicle tag; require driver's license/identification card ...................................................................................... SB 38 Motor vehicles; require establishment by Dept. of Revenue of internet website for stolen/towed motor vehicles ............................................................. SB 251 Motor vehicles; used; sale or advertising; change certain exceptions....................HB 144 Revenue, Department of; special license plates; process all applications; provisions.............................................................................................................HB 457 Special license plates; autism; provide...................................................................HB 252 Special license plates; certain existing plates; special tag renewal fee; specify ..................................................................................................................HB 485 Special license plates; Cobb County Public Schools; provide ...............................HB 671 Special license plates; Georgia Junior Golf Foundation; provide ..........................HB 277 Special license plates; Georgia municipal clerks; provide .....................................HB 617

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5128

INDEX

Special license plates; pediatric cancer research; provide........................................HB 49 Special license plates; The Garden Club of Georgia, Inc.; provide .......................HB 392 Special Licenses; surviving spouses of disabled veterans to continue to
receive free disabled veterans plates...................................................................... SB 81
LICENSES Drivers' licenses; suspensions; definitions; commercial licenses issuance; provisions .............................................................................................HB 419 Food; license requirements; fees; applications; change provisions........................HB 112 Funeral directors and embalmers; licenses; reciprocity; provisions.......................HB 401 Hunting and fishing licenses; exception for nonresidents 65 and older; provide ..................................................................................................................HB 29 Pistol or revolver licenses; temporary renewal permits; provisions.......................HB 850 Wild animal licenses; water buffalo; add exemption .............................................HB 418 Wildlife Management Area land acquisition program; reallocation of funds; urge .......................................................................................................HR 881 Wine; state license requirements; direct shipment to Ga. residents; provisions.............................................................................................................HB 159
LIENS (See Mortgages, Liens, and Security)
LILBURN, CITY OF; Redevelopment Powers Law; authorize .............................HB 483
LIMOUSINE CARRIERS AND TAXICABS Counties and municipal corporations; taxicabs; provisions ...................................HB 519 Public transportation; limousine carrier; change definition; provisions.................HB 389
LIVING WILLS Georgia Advance Directive for Health Care Act; enact ...........................................HB 24
LOANS Georgia Student Finance Authority; direct loans; certain students; provisions...............................................................................................................HB 63 State depositories; Federal Home Loan Banks; secure state funds ..........................HB 96
LOBBYING AND LOBBYISTS Lobbyists and public officers; gifts; revise provisions...........................................HB 888
LOCAL GOVERNMENT (Also, see Counties or Municipalities) Ad valorem property tax; qualified motor vehicles; provide for the elimination ...........................................................................................................HB 585 Ad valorem tax; finished goods; provide freeport exemption................................HB 328 Annexations; ad valorem tax; independent school systems; provisions ................HB 558

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5129

Clean and renewable fuels; certain vehicles operated by certain government entities; require use..........................................................................HB 541
Consumer Choice for Television Act; enact...........................................................HB 227 Counties and municipal corporations; taxicabs; provisions ...................................HB 519 Counties; housing state inmates awaiting transfer; increase
reimbursement rate ..............................................................................................HB 609 Counties; housing state inmates; increase minimum reimbursement rate..............HB 884 Counties; housing state inmates; increase minimum reimbursement rate..............HB 885 Counties; housing state inmates; increase minimum reimbursement rate..............HB 886 County and municipality; consolidation; provisions..............................................HB 109 County governing authorities; elected members; course of training;
require ....................................................................................................................HB 71 County tax commissioners; compensation; additional duties;
change certain provisions.....................................................................................HB 486 County tax digest; final valuations; provide.............................................................HB 20 Full-time county commission chairpersons; minimum salaries; provide...............HB 531 Georgia Development Impact Fee Act; change definitions .....................................HB 25 Georgia Development Impact Fee Act; change definitions; provisions.................HB 232 Georgia Smart Infrastructure Growth Act; creation ............................................... SB 200 Georgia Townships Act; creation ............................................................................ SB 89 Infrastructure Development Districts; provide by general law
the creation and comprehensive regulation-CA .................................................. SR 309 Joint authorities; members; successor nominations; provisions.............................HB 346 Joint authorities; members; successor nominations; provisions.............................HB 638 Joint Study Committee on Local Government; create ...........................................HR 511 Landowners; annexation into adjoining county; change provisions ........................HB 36 Local government budgets and audits; grant certifications; provisions .................HB 714 Local government; county surveyors; repeal provisions of law.............................HB 265 Local government; downtown development authorities; provisions......................HB 627 Local Government; employment benefits for county employees;
general provisions ................................................................................................ SB 193 Local government; Georgia Procurement Registry; provisions .............................HB 672 Local government; homeowner tax relief grant notification; provisions ...............HB 354 Local government; privately constructed water systems; requiring
ownership transfer; prohibit.................................................................................HB 471 Local government; residential rental property; require registration.......................HB 642 Local government; township incorporations; provisions .......................................HB 651 Local government; water and sewer systems; change certain provisions ..............HB 247 Local governments; bid bonds; cash; change certain provisions ...........................HB 134 Local governments; peace officers; authorize power of arrest; provisions..............HB 74 Municipal Corporations; agreements with solid waste collection firms;
territory annexed/incorporated............................................................................. SB 154 Municipal corporations; annexations of territory; provisions ................................HB 306

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5130

INDEX

Municipal government; additional requirements; certain franchise fees; provisions.............................................................................................................HB 107
Municipal government; administration; certain fees; provide exemption..............HB 207 Municipal government; certain franchise fees; additional requirements ...............HB 428 Municipal government; certain franchise fees; cap rate to four percent;
provisions.............................................................................................................HB 110 Municipal Option Sales Tax Act; enact..................................................................HB 410 Municipal territory; deannexation; change certain provisions ...............................HB 123 Municipalities; acquisition and disposition of property; provisions ......................HB 305 Municipalities; change certain local government provisions ................................... SB 83 Municipalities; unincorporated areas; exercise zoning power - CA .....................HR 241 Municipality incorporation; General Assembly local Acts; provide
additional requirements........................................................................................HB 275 Property annexation; rezoning; objections to land use; provisions ..........................HB 46 Public safety and judicial facilities authorities; bond indebtedness;
provide limitations ...............................................................................................HB 181 Public Works Bidding; provide definitions; advertisement of
contract opportunities .......................................................................................... SB 146 Redevelopment; require training with programs; create Redevelopment
Powers Training Board ........................................................................................ SB 225 Revenue Bond Law; undertaking; enlarge definition.............................................HB 566 Revenue bonds; certain authorities obtain approval; require .................................HB 260 Special license plates; Georgia municipal clerks; provide .....................................HB 617 State government; impose unfunded mandates on local government;
prohibit - CA........................................................................................................HR 605 Territory annexation; comprehensive revisions; provide .......................................HB 604 Territory annexation; rezoning; provisions ................................................................HB 2 Water, gas and other services; limited liens for unpaid charges;
change certain provisions.....................................................................................HB 713 Water, gas and other services; limited liens for unpaid charges;
change certain provisions.....................................................................................HB 721 Zoning procedures; automotive collectors; provisions...........................................HB 863
LOCAL OPTION SALES TAX Sales and use tax; local option; transportation; special districts; provide ..............HB 173 Taxation; comprehensive revision; abolish most state and local taxes; fair tax; provide - CA...........................................................................................HR 900
LOGANVILLE, CITY OF Exercise all redevelopment/other powers; provide referendum............................. SB 323

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5131

LOTTERY FOR EDUCATION Education lottery; conditions; provisions ...............................................................HB 229 Education lottery; prizes; proof of identification; provide certain requirements.........................................................................................................HB 747 Georgia Lottery Corporation; employment applicants; criminal background data; obtain.......................................................................................HB 517 HOPE scholarships; home study course; provisions ..............................................HB 152 Lottery for Education Act; define certain terms; provisions ..................................HB 515
LYONS, CITY OF; ad valorem tax; provide homestead exemption ......................HB 573

M
MACON, CITY OF; provide new charter...............................................................HB 103
MARIETTA, CITY OF Cobb County-Marietta Water Authority; members and chairperson; provide pay increase ............................................................................................HB 819 Public school system; board; provide compensation..............................................HB 701
MARRIAGE (See Domestic Relations)
MASS TRANSPORTATION Commuter rail project; approve funding; provide referendum ..............................HB 269 Public Works Bidding; provide definitions; advertisement of contract opportunities .......................................................................................... SB 146
MAYSVILLE, CITY OF; provide new charter ......................................................HB 588
MCDUFFIE COUNTY; public property; authorize conveyance............................HR 369
MCINTOSH COUNTY County manager; provide .......................................................................................HB 616 Probate judge; partisan elections; provide..............................................................HB 636
MEDICAL ASSISTANCE AND MEDICAID Community Health, Department of; HMOs; Medicaid services; require disclosure...................................................................................................HB 19 Katie Beckett waiver program; eligibility; certain children; require certain procedures....................................................................................HB 279

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5132

INDEX

MENTAL HEALTH Community Health, Department of; certain members; mental health coverage; require.......................................................................................HB 423 House Mental Health Professionals Study Committee; create.................................HR 49 Human Resources, Department of; certain mental health facilities; privatization; require............................................................................................HB 461 Mental Health Service Delivery Commission; create ............................................ SR 363 Mental health; patient advocacy board; create .......................................................HB 535 Prisoners; await trial in mental health facility; provide............................................HB 37 Psychiatric Advance Directive Act; enact ..............................................................HB 343 Sales and use tax; off-premise food and beverage sales; create trust fund CA.............................................................................................................HR 199
MENTALLY RETARDED Sales and use tax; off-premise food and beverage sales; create trust fund - CA .....................................................................................................HR 199
MERIT SYSTEM (See State Employees or State Government)
MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS Ad valorem tax; homestead exemption; disabled veterans; change provisions.............................................................................................................HB 561 Emergency management; nomenclature and symbols; require permission; provisions ..............................................................................................................HB 76 Emergency Management; state-wide first responder building mapping information system; definitions; rule/regulations................................... SB 33 Employees' Retirement System; certain creditable military service; extend date to apply .............................................................................................HB 794 Employees' Retirement System; certain military service; extend purchase date........................................................................................................HB 659 Firearms; carrying and possession; certain emergency conditions; provisions.................................................................................................................HB 6 Governor; emergency powers; firearms; limit........................................................HB 774 House Study Committee on Prepaid Telecommunications Homeland Security Interests; create......................................................................................HR 609 Income tax; certain armed service members; exempt military income..................HB 686 Lifetime honorary hunting and fishing licenses; certain military veterans; provide .................................................................................................................HB 595 Local school systems; honor Veterans' Day; urge..................................................HR 523 Mattie's Call Act; revise/redesignate Article 7 ....................................................... SB 202 Qualified disabled veterans; homestead exemption; increase amount ...................HB 823

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5133

Superior/State Court Judges; performing ordered military duty; eligible for reelection; qualify by mail, messenger or agent on duty ................................. SB 11
Taxable net income; retirement benefits; military service; state tax; exempt....................................................................................................................HB 86
U.S. Army Corps of Engineers; raising full pool for Lake Lanier; urge to study...........................................................................................................HR 56
MILK AND MILK PRODUCTS Food; license requirements; fees; applications; change provisions........................HB 112
MILLER COUNTY Board of education members; change selection method ........................................HB 345 South Georgia Regional Information Technology Authority Act; enact ...............HB 804
MILNER, CITY OF Mayor and councilmembers; election; change certain provisions .........................HB 488
MILTON, CITY OF City of Milton Parks and Recreation Authority Act; enact ....................................HB 813 City of Milton Public Buildings and Facilities Authority Act; enact.....................HB 809 Corporate limits; change.........................................................................................HB 810 Mayor and councilmembers; provisions.................................................................HB 811
MINORS (Also, see Juvenile Proceedings) Child Support Recovery; authorize Dept. of Human Resources to impose/retain certain fees on certain child support collections......................... SB 42 Children with disabilities; basic therapy services; establish requirements ............HB 549 Cigarettes/Tobacco; minors; unlawful to attempt purchase; vending machines; change certain provisions ....................................................... SB 95 Family literacy; local communities; express support ...............................................HR 55 Georgia Legislative Youth Advisory Council; create ............................................HB 542 Georgia Public Assistance Act of 1965; foster children; certain dental services; provide .......................................................................................HB 866 Georgia Special Needs Scholarship Act; public school students with disabilities to attend other public or private schools ............................................. SB 10 Grade Integrity Act; no teacher in any manner shall change grade; ethical violation reportable to Professional Standards Commission................................... SB 9 Interstate Compact for Juveniles; enact; repeal previous compact ..........................HB 50 Joint Commercial Sexual Exploitation of Minors Study Commission; create .................................................................................................................... SR 445 Juvenile courts; hearings; change certain provisions; Division of Family and Children Services; provide certain requirements .........................HB 153

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5134

INDEX

Juvenile proceedings; arrest and detention of accused children; change provisions ..................................................................................................HB 52
Juvenile proceedings; unruly children; detention; change certain provisions.............................................................................................................HB 662
Katie Beckett waiver program; eligibility; certain children; require certain procedures....................................................................................HB 279
Local Boards of Education; require twins placed in same classroom if parent requests; set maximum class sizes ........................................................ SB 123
Sexual Offenders; unlawful to photograph minors; provide penalties....................... SB 1 State Children's Health Insurance Plan; urge U.S. Congress to provide
funding and ensure reauthorization ......................................................................... SR 6
MITCHELL COUNTY Bibb, Cobb, Dougherty, Mitchell, Monroe and Troup Counties; lease property; authorize......................................................................................HR 370 South Georgia Regional Information Technology Authority Act; enact ...............HB 804 State Court of Mitchell County; full-time judge; provide ......................................HB 190
MONROE COUNTY Bibb, Cobb, Dougherty, Mitchell, Monroe and Troup Counties; lease property; authorize......................................................................................HR 370
MORTGAGES, LIENS, AND SECURITY Aircraft liens; Federal Aviation Administration's Aircraft Registry; provisions.............................................................................................................HB 489 Georgia Residential Mortgage Act; enact ..............................................................HB 718 Insurance; third party's lienholder; provisions .......................................................HB 673 Landlord liens; definitions; provisions ...................................................................HB 579 Specialized land transactions; minimum amount for liens; provide ......................HB 422 Water, gas and other services; limited liens for unpaid charges; change certain provisions.....................................................................................HB 713 Water, gas and other services; limited liens for unpaid charges; change certain provisions.....................................................................................HB 721
MOTOR CARRIERS Georgia Public Service Commission; certain violations; increase fines ................HB 460
MOTOR FUEL AND ROAD TAX Gas Unification and Tax Simplification Act of 2007; enact ..................................HB 293 Gasoline Additives; provide for grants; E-85 gasoline for retail sale; define certain terms.............................................................................................. SB 157 Sales and use tax; motor fuels; prepayments; World Congress Center; Jekyll Island; Ports Authority; provisions ...........................................................HB 219

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5135

MOTOR VEHICLES AND TRAFFIC Ad valorem property tax; qualified motor vehicles; provide for the elimination ...........................................................................................................HB 585 Alcoholic Beverages; resealed partially consumed bottle of wine; uniform rules of the road ..................................................................................................... SB 55 Commercial Vehicles; local tag agents; International Registration Plan ................. SB 77 Driver improvement programs; curriculum; fees; provisions ................................HB 416 Driver Services, Department of; student attendance records; allow release; provisions......................................................................................HB 665 Drivers' licenses; Class C; certain persons; authorize issuance .............................HB 512 Drivers' licenses; instruction permit and Class D; mobile phones; prohibit use ..............................................................................................................HB 4 Drivers' licenses; instruction permit and Class D; mobile phones; prohibit use ..........................................................................................................HB 174 Drivers' licenses; suspended/revoke; change certain provisions .............................. SB 15 Drivers' licenses; suspensions; definitions; commercial licenses issuance; provisions .............................................................................................HB 419 Drivers' licenses; temporary licenses; provisions...................................................HB 415 Driver's records; online; Department of Driver Services; charging fee; prohibit...................................................................................................................HB 69 Driving under the influence; mandatory sentences; increase .................................HB 336 DUI Alcohol or Drug Use Risk Reduction Program; direct offender to complete...........................................................................................................HB 414 Firearms; certain employers; locked vehicles; provisions......................................HB 143 Georgia Law Enforcement Tuition and Training Act; create and establish...........HB 699 Georgia Lemon Law; enact ....................................................................................HB 470 Georgia State Prison warden; passenger motor vehicle; repeal certain provisions.................................................................................................HB 245 Insurance companies in Georgia; certain drivers; provide discounted rates on automobile policies; urge .......................................................................HR 411 Insurance; rates; private passenger motor vehicles; provisions .............................HB 867 Insurance; uninsured motorist coverage; provisions ..............................................HB 592 Law enforcement officers; stop motorists; race or ethnicity; prohibit ...................HB 149 Law enforcement officers; stop motorists; race or ethnicity; prohibit ...................HB 722 Limited driving permits; certain offenders; allow issuance ...................................HB 254 Motor Vehicle Accident Reparations; valid certificate of self-insurance in another state qualify as self-insurer in this state.................................................. SB 192 Motor vehicle leases; insurance coverage; provisions .............................................HB 17 Motor vehicles; certificates of title; definitions; change certain provisions...........HB 183 Motor vehicles; change definitions; drivers' licenses; provisions ..........................HB 498 Motor vehicles; commercial motor vehicle; define; license plates; provisions.............................................................................................................HB 518

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5136

INDEX

Motor vehicles; commercial vehicle and fleet policy; change the definition.............................................................................................................. SB 224
Motor vehicles; definition; exempt certain vehicles; dealers; provisions ..............HB 117 Motor vehicles; light transmission through windows; materials;
provisions ..............................................................................................................HB 79 Motor vehicles; moving violation; add fine ...........................................................HB 417 Motor vehicles; registration of a vehicle tag; require driver's
license/identification card ...................................................................................... SB 38 Motor vehicles; require establishment by Dept. of Revenue
of internet website for stolen/towed motor vehicles............................................ SB 251 Motor vehicles; scrap metal or parts; certificates of title; provisions ....................HB 171 Motor vehicles; speed restrictions; instruments charging violations
of speed regulations; specify two-lane or highway ............................................. SB 125 Motor vehicles; traffic-control signal monitoring devices; repeal
provisions...............................................................................................................HB 77 Motor vehicles; traffic-control signal monitoring devices; repeal
provisions.............................................................................................................HB 892 Motor vehicles; used; sale or advertising; change certain exceptions....................HB 144 Motor vehicles; wireless communication devices; provisions ...................................HB 5 Motorcycles; certain traffic regulations; provide ...................................................HB 356 Motorcycles; provisions requiring protective headgear; exempt
certain persons .....................................................................................................HB 726 Offenses; seizure of motor vehicles by person to facilitate sexual
offenses ................................................................................................................ SB 219 Public roads; lack of removal of vehicles; liable for gross negligence ..................HB 231 Public Safety, Department of; sell and purchase of motor vehicles;
allow commissioner .............................................................................................HB 368 Public Service Commission; towing of certain vehicles; provide..........................HB 316 Recreational vehicle dealers; conventions; provide certain exemptions................HB 297 Revenue, Department of; special license plates; process all applications;
provisions .............................................................................................................HB 457 Safety belts; failure to use; evidence of negligence; provide .................................HB 872 Safety belts; passenger vehicles; eliminate certain exceptions to the
required use ........................................................................................................... SB 86 Safety belts; pickup trucks; rear seats of vehicles; require.....................................HB 114 Safety belts; required use; eliminate certain exceptions.........................................HB 200 Safety belts; required use; eliminate certain exceptions.........................................HB 608 Safety belts; violations; change certain penalties ...................................................HB 650 Serious traffic offenses; felony fleeing; attempt to elude police;
provisions...............................................................................................................HB 75 Special license plates; autism; provide...................................................................HB 252 Special license plates; certain existing plates; special tag renewal fee;
specify ..................................................................................................................HB 485

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INDEX

5137

Special license plates; Cobb County Public Schools; provide ...............................HB 671 Special license plates; Georgia Junior Golf Foundation; provide ..........................HB 277 Special license plates; Georgia municipal clerks; provide .....................................HB 617 Special license plates; pediatric cancer research; provide........................................HB 49 Special license plates; The Garden Club of Georgia, Inc.; provide .......................HB 392 Special licenses; surviving spouses of disabled veterans to
continue to receive free disabled veterans plates................................................... SB 81 Speed detection and traffic-control monitoring devices; change
certain provisions.................................................................................................HB 560 Speed detection devices; certain highways; remove restriction on use..................HB 631 State and Local Tax Revision Act of 2007; enact ..................................................HB 385 Systematic Alien Verification for Entitlements (SAVE); drivers'
licenses; immigration status of noncitizens ............................................................. SB 5 Traffic Offenses; fleeing/attempting to elude a pursuing police vehicle;
punishment; change provisions.............................................................................. SB 91 Traffic-control devices; running red light; change civil penalty ............................HB 883 Traffic-control devices; running red light; reduce civil penalty.............................HB 890 Traffic-control signal monitoring devices; violations; lower penalty ....................HB 590 Used Motor Vehicle Dealers' and Used Motor Vehicle Parts
Dealers' Registration Act; change definition .......................................................HB 184 Zoning procedures; automotive collectors; provisions...........................................HB 863
MOTORCYCLES Motor vehicles; definition; exempt certain vehicles; dealers; provisions ..............HB 117 Motorcycles; certain traffic regulations; provide ...................................................HB 356 Motorcycles; provisions requiring protective headgear; exempt certain persons .....................................................................................................HB 726
MUNICIPALITIES (Also, see Local Government or Named Municipality) Ad valorem tax; finished goods; provide freeport exemption................................HB 328 Annexations; ad valorem tax; independent school systems; provisions ................HB 558 County and municipality; consolidation; provisions..............................................HB 109 Georgia Townships Act; creation ............................................................................ SB 89 Local government; downtown development authorities; provisions......................HB 627 Local government; township incorporations; provisions .......................................HB 651 Local government; water and sewer systems; change certain provisions ..............HB 247 Municipal Corporations; agreements with solid waste collection firms; territory annexed/incorporated............................................................................. SB 154 Municipal corporations; annexations of territory; provisions ................................HB 306 Municipal government; additional requirements; certain franchise fees; provisions.............................................................................................................HB 107 Municipal government; administration; certain fees; provide exemption..............HB 207

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5138

INDEX

Municipal government; certain franchise fees; additional requirements ...............HB 428 Municipal government; certain franchise fees; cap rate to four percent;
provisions.............................................................................................................HB 110 Municipal Option Sales Tax Act; enact..................................................................HB 410 Municipal territory; deannexation; change certain provisions ...............................HB 123 Municipalities; acquisition and disposition of property; provisions ......................HB 305 Municipalities; change certain local government provisions ................................... SB 83 Municipalities; unincorporated areas; exercise zoning power - CA .....................HR 241 Municipality incorporation; General Assembly local Acts; provide
additional requirements........................................................................................HB 275 Nonresidential property; ad valorem school taxes; annexation;
provisions - CA ....................................................................................................HR 374 Property annexation; rezoning; objections to land use; provisions ..........................HB 46 Sales and use tax; joint county and municipal; change certain procedures............HB 140 Sales and use tax; nature center or performing arts amphitheater facility;
provide exemption ...............................................................................................HB 413 Special license plates; Georgia municipal clerks; provide .....................................HB 617 Territory annexation; comprehensive revisions; provide .......................................HB 604 Territory annexation; rezoning; provisions ................................................................HB 2
MURRAY COUNTY Coosawattee Regional Water and Sewerage Authority; create ..............................HB 801
MUSCOGEE COUNTY Public Property; conveyance; granting of easements for facilities, utilities 6 counties ............................................................................................................. SR 249 School District; public works construction; provisions..........................................HB 766
MUSEUMS Sales and use tax exemption; certain properties; change provisions......................HB 189

N
NATIONAL GUARD, AIR OR ARMY Income tax; certain armed service members; exempt military income..................HB 686 U.S. Army Corps of Engineers; raising full pool for Lake Lanier; urge to study...........................................................................................................HR 56
NATURAL GAS (Also, see Gas, Gasoline, and Gas Services) Sales and use tax; natural or artificial gas sales; provide phased-in exemption.............................................................................................................HB 272 Sales and use tax; gas, oil, and coal; aquariums; provide exemption.....................HB 148
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INDEX

5139

NATURAL RESOURCES (Also, see Conservation and Natural Resources) Qualified Soil Scientists; evaluations/reports shall be accepted by Dept. of Natural Resources/Dept. Human Resources..................................... SB 226
NATURAL RESOURCES, DEPARTMENT OF Environmental Advisory Council; applications for certain variances; change certain provisions..................................................................................... SB 187 Environmental Protection Division; certification revocation; relative to soil erosion and sedimentation control; change provisions .................................HB 463 Natural Resources, Department of; qualified soil scientists; reports; provide ....................................................................................................HB 399
NEWTON COUNTY Ad valorem taxes; school district maintenance/operations purposes; provide homestead exemption ............................................................................. SB 316
NICHOLLS, CITY OF; city and municipal elections; provisions .........................HB 682
NONPROFIT CORPORATIONS Certain nonprofit organizations; certain noncash prizes; allow give away............HB 259 Nonprofit hospitals; certain records inspection; provide........................................HB 427 Sales and use tax; nonprofit volunteer health clinics; provide exemption .............HB 294 Sales and use tax; performing arts centers and amphitheater facilities; nonprofit volunteer health clinics; provide exemption........................HB 162
NONRESIDENTS (Also, see Aliens and Immigrants) Crimes and offenses; felony by certain persons; provide enhanced penalties ...............................................................................................................HB 838 Nonimmigrant foreign students; provisions ...........................................................HB 770
NORCROSS, CITY OF Authorize to exercise all redevelopment/other powers; provide for a referendum................................................................................................... SB 231 Manager-council government; change to ...............................................................HB 480
NOTARIES PUBLIC Notaries Public; shall be legal resident of United States; provide penalty............... SB 50 Notaries; qualifications; application; change certain provisions............................HB 274
NUCLEAR ENERGY (See Energy)

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5140

INDEX

NUISANCES Abatement; county or municipal ordinances; unfit buildings; change certain provisions.....................................................................................HB 479 Agricultural Facilities; redefine a term................................................................... SB 101
NURSES Advanced Practice Registered Nurse; revise definition; licensed registered nurse .................................................................................................... SB 222 Georgia Board of Nursing; reducing nursing shortage; urge to consider method .................................................................................................................HR 758 Hospitals; circulating nurses for surgical services; provide requirements .............HB 589 Public health system; career track program to recruit and retain nurses; require establishment ...........................................................................................HB 833 Ray Biddy and Gene Mullis Act; renal disease facilities and personnel.................. SB 57
NURSING HOMES Death certificates; hospice, nursing home, or hospital; provisions ..........................HB 44

O
OAKWOOD, CITY OF City of Oakwood Community Improvement District Act; enact ...........................HB 645 Provide new charter ................................................................................................HB 644 Redevelopment Powers Law; authorize .................................................................HB 643
OCONEE COUNTY Board of Commissioners; member terms; provide.................................................HB 273 Board of Commissioners; members; provisions.....................................................HB 847
OPTOMETRISTS AND OPTICIANS Opticians; licensure; practical training; specify certain requirements ...................HB 241 Optometrists; provide for additional pharmaceutical agents used for treatment purposes; standard of care ....................................................... SB 17
OUTDOOR ADVERTISING Outdoor advertising signs; highways; certain height limitations; provisions.............................................................................................................HB 610

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INDEX

5141

P
PALMETTO, CITY OF Ad valorem taxes; certain residents; provide homestead exemption .....................HB 402
PARDONS AND PAROLES Crime and Sentencing; persons convicted of murder; imposition of life without parole............................................................................................ SB 145 Criminal Sentencing Procedure; probation/suspension; court may inquire/consider the legality of prisoner's presence in United States .................... SB 23
PARENT AND CHILD (Also, see Domestic Relations) Domestic relations; child custody proceedings; provisions ...................................HB 369 Parent and child; legitimation; clarify methods; change provisions ......................HB 158
PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION Historic sites; initial investigation; state archeologist; notice; require...................HB 177 Income tax credit; historic structures rehabilitation; change calculation method .................................................................................................................HB 851 Jekyll Island - State Park Authority; amend provisions; Overview Committee; create ................................................................................................HB 214 Jekyll Island - State Park Authority; certain Island development; restrict.............HB 548 Jekyll Island Authority; to protect south end of Jekyll Island from development; urge ...............................................................................................HR 619 Sales and use tax exemption; certain properties; change provisions......................HB 189 Sales and use tax; nature center or performing arts amphitheater facility; provide exemption ...............................................................................................HB 413 Special Licenses; surviving spouses of disabled veterans to continue to receive free disabled veterans plates...................................................................... SB 81 State parks; senior citizens; unlimited length of time; provide ................................HB 41
PAULDING COUNTY Board of elections and registration; create .............................................................HB 773 Paulding County Facilities and Technology Authority; create ..............................HB 772 Public Property; conveyance; granting of easements for facilities, utilities 6 counties ............................................................................................................. SR 249
PAYNE, CITY OF; create and establish new charter .............................................HB 764
PEACE OFFICERS (Also, see Law Enforcement Officers and Agencies) Georgia Peace Officer Standards and Training Council; membership; change certain provisions.....................................................................................HB 669

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5142

INDEX

Georgia Ports Authority; employees; power of arrest; peace officers; require ..................................................................................................................HB 218
House Study Committee on the Power of Arrest and Peace Officer Certification in Georgia; create ...........................................................................HR 424
Peace Officers' Annuity and Benefit Fund; certain persons; provide membership ............................................................................................HB 732
Peace Officers' Annuity and Benefit Fund; Georgia Drugs and Narcotics Agency; include for membership ........................................................HB 323
Peace Officers' Annuity and Benefit Fund; retired members; service credit - CA .................................................................................................HR 30
Peace Officers' Annuity and Benefit Fund; retirement benefit options; provide .................................................................................................................HB 106
PEACH COUNTY; board of elections and registration; create ..............................HB 660
PENAL INSTITUTIONS Board and Department of Corrections; commissioner to issue warrants; authorize...............................................................................................................HB 313 Board and Department of Corrections; commissioner to issue warrants; authorize...............................................................................................................HB 695 Corrections, Dept. Of; certified correctional employees; leave under certain conditions may retain their badges ................................................ SB 235 Counties; housing state inmates awaiting transfer; increase reimbursement rate ..............................................................................................HB 609 Counties; housing state inmates; increase minimum reimbursement rate..............HB 884 Counties; housing state inmates; increase minimum reimbursement rate..............HB 885 Counties; housing state inmates; increase minimum reimbursement rate..............HB 886 County and Municipal Probation Advisory Council; registration fees; preclude................................................................................................................HB 527 Crime and Sentencing; persons convicted of murder; imposition of life without parole ...................................................................................................... SB 145 Criminal Sentencing Procedure; probation/suspension; court may inquire/consider the legality of prisoner's presence in United States .................... SB 23 Division of Probation/Parole Community Based Supervision; create .....................HB 64 Drivers' Licenses; suspended/revoke; change certain provisions............................. SB 15 First offenders probation; status; clarify.................................................................HB 395 Georgia Building Authority; general provisions; operational powers ................... SB 130 House Study Committee on Prison System Terrorist Recruitment; create ............HR 375 Imprisonment sentence reviews; more than 12 years; three-judge panel; repeal ....................................................................................................................HB 197 Incarcerated persons; moral turpitude felonies; prohibit voting - CA ...................HR 123 Penal Institutions; possession of photograph of victims by certain persons confined; prohibit .................................................................................... SB 34

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INDEX

5143

Penal Institutions; transmittal information on convicted persons; provide notice to the attorney of record for the convicted persons ....................... SB 48
Persons convicted of certain sex offenses; probation; DNA analysis; provide .................................................................................................................HB 314
Prisoners; await trial in mental health facility; provide............................................HB 37 Probation/Parole Community Based Supervision, Department of; create ...............HB 65 Probation; private supervision services; minimum fee; establish ..........................HB 779 Sexual Offender Registration Review Board; register with sheriff
of any county where offender resides.................................................................. SB 249 Sexual Offenders; unlawful to photograph minors; provide penalties....................... SB 1
PERSONAL CARE HOMES Human Resources, Department of; personal care home owners; criminal history; permit .......................................................................................HB 155
PERSONS AND THEIR RIGHTS Public employees and students; celebration of holidays; prohibit restrictions..............................................................................................................HB 12 Slavery; acknowledge Georgia's role; urge reconciliation ...................................HR 1011
PETROLEUM PRODUCTS (See Gas, Gasoline, and Gas Services)
PHARMACISTS, PHARMACIES, AND PRESCRIPTION DRUGS Controlled substances; prescriptions; practitioner's name printed; require ...........HB 556 Generic drugs; health insurance coverage; provisions ...........................................HB 367 Georgia State Board of Pharmacy; registry of pharmacy technicians; establish ...............................................................................................................HB 330 Licensed pharmacists; injectable medications; certificate of need requirements; exempt...........................................................................................HB 765 Pharmacy Consumer Protection and Transparency Act; enact ..............................HB 798 Pharmacy, State Board of; mails/common carriers; prescription drug; shall not be grounds for sanctioning license of pharmacist................................. SB 178 Prescription drugs; approximate retail price; define; provisions............................HB 454 Prescription drugs; generic; change provisions ......................................................HB 127 Prescription Medication Integrity Act .................................................................... SB 205 Psychologists; administer and prescribe drugs; provisions ....................................HB 397
PHYSICIANS, PHYSICIANS ASSISTANTS, AND RESPIRATORY CARE Chiropractors; define/redefine terms; scope of practice; change criminal penalties for unlicensed practice of chiropractic................................... SB 102 Composite State Board of Medical Examiners; urge adoption of new rules......................................................................................................................HR 129

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5144

INDEX

Georgia Cosmetic Laser Services Act; enact .........................................................HB 528 House Study Committee to incentivize indigent health care by
physicians; create.................................................................................................HR 721 Medical services; physician's fees; require board approval ...................................HB 597 Patient Right to Participate Act; enact....................................................................HB 108 Physicians; Composite State Board of Medical Examiners; provisions ................HB 492 Physicians; retired; continuing education hours; provisions ..................................HB 626 Ray Biddy and Gene Mullis Act; renal disease facilities and personnel.................. SB 57 Registered nurses; advanced practice; on-site patient evaluation; provide ............HB 676 Sales and use tax; physician prescribed medical equipment;
provide exemption ...............................................................................................HB 304
PICKENS COUNTY Board of elections and registration; change provisions..........................................HB 827 Coosawattee Regional Water and Sewerage Authority; create ..............................HB 801 SGT David Samuel Collins Memorial Interchange; dedicate ..................................HR 88
PIEDMONT JUDICIAL CIRCUIT Piedmont Circuit; terms of court; change provisions ...............................................HB 53
PIERCE COUNTY Board of Education; members; salary and expenses; provide................................HB 580
PIKE COUNTY Superior Courts; Pike County in Griffin Circuit; change certain terms of court ....................................................................................................... SB 177
PINE LAKE, CITY OF; Redevelopment Powers Law; authorize .........................HB 702
POLK COUNTY Board of Education; members; provide compensation ..........................................HB 786 Water Authority; member reappointment; change certain provisions ...................HB 787
PORT WENTWORTH, CITY OF City council members; provide advisory referendum election...............................HB 754 Provide for advisory referendum election ................................................................ SB 31
PORTS AUTHORITY, GEORGIA Georgia Ports Authority; employees; power of arrest; peace officers; require ..................................................................................................................HB 218

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INDEX

5145

POSTSECONDARY EDUCATION Board of Regents; annual reports to General Assembly; provide ..........................HB 874 Board of Regents; Georgia Aviation and Technical College; transfer positions..................................................................................................HB 891 Certain universities; Georgia entities; intellectual property; requirements............HB 474 Georgia HERO Scholarship; qualifying term of service; change definition..............................................................................................................HB 311 Georgia HERO Scholarship; surviving spouses be eligible students; provide .................................................................................................................HB 131 Georgia Student Finance Authority; direct loans; certain students; provisions...............................................................................................................HB 63 Georgia Student Finance Authority; direct loans to students; postsecondary schools; 1% rate annually ............................................................ SB 169 HOPE grants; eligibility requirements; Georgia Military College students; provide ..................................................................................................HB 363 HOPE scholarships; definitions; hourly caps; provisions ......................................HB 484 HOPE scholarships; eligible postsecondary institution; revise definition .............HB 243 HOPE scholarships; home study course; provisions ..............................................HB 152 HOPE scholarships; HOPE Literacy Scholar Program; create ..............................HB 246 HOPE scholarships; remove hourly caps ...............................................................HB 228 House Study Committee on the University System of Georgia's Intellectual Property Rights Management; create................................................HR 508 Intellectual Diversity in Higher Education Act; enact ...........................................HB 154 Multiple employer self-insured health plans; certain institutions; provisions ............................................................................................................HB 544 Nonimmigrant foreign students; provisions ...........................................................HB 770 Quality Basic Education Act; annual educational program; require ........................HB 32 The Access to Postsecondary Education Instructional Material Act; enact ...........HB 880 Universities; board of regents; teacher education program; require ......................HB 458 University System of Georgia; intellectual properties; provisions.........................HB 606 University system; international baccalaureate diploma program; provide course credit............................................................................................HB 467 University System; revenue collected from tuition shall not lapse ........................ SB 111
POULTRY PRODUCTION Meat and dairy processing plants; licenses; change certain provisions .................HB 433
PRETRIAL PROCEEDINGS Accusations; trial in all cases except serious violent felonies; allow.....................HB 862 Pretrial Proceedings; insanity/mental incompentency; definitions; evaluation ............................................................................................................ SB 190
PRIMARIES (See Elections)

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5146

INDEX

PRISONS (See Penal Institutions)
PRIVATE DETECTIVE AND PRIVATE SECURITY BUSINESSES Motor vehicles; light transmission through windows; materials; provisions ..............................................................................................................HB 79 Private detectives and security agencies; licensing process; revise .......................HB 504
PROBATE COURTS Delayed birth certificates; petitions in probate and superior court; permit ............HB 111
PROBATION County and Municipal Probation Advisory Council; registration fees; preclude................................................................................................................HB 527 First offenders probation; status; clarify.................................................................HB 395 Persons convicted of certain felonies; voting provisions; amend - CA .................HR 128 Persons convicted of certain sex offenses; probation; DNA analysis; provide .................................................................................................................HB 314 Probation; private supervision services; minimum fee; establish ..........................HB 779
PROFESSIONS AND BUSINESSES Ad valorem tax; businesses; tangible personal property; provide exemption.............................................................................................................HB 124 Ad valorem tax; certain charitable institutions; clarify exemption ........................HB 445 Ad valorem tax; retail furniture businesses; inventories; provide exemption - CA....................................................................................................HR 597 Advanced Practice Registered Nurse; revise definition; licensed registered nurse .................................................................................................... SB 222 Architecture; establish minimum training requirements to qualify for certification; Georgia State Board of Architects and Interior Designers............. SB 237 Cemeterians State Board; members qualifications; change certain provisions.............................................................................................................HB 391 Chiropractors; define/redefine terms; scope of practice; change criminal penalties for unlicensed practice of chiropractic................................... SB 102 Composite State Board of Medical Examiners; urge adoption of new rules......................................................................................................................HR 129 Cosmetologists; definitions; wax technicians; provisions......................................HB 494 Funeral directors and embalmers; licenses; reciprocity; provisions.......................HB 401 Funeral establishments; adequate stock of funeral caskets; provisions....................HB 90 Funeral Service State Board; funeral businesses; mandatory hours; prohibit.................................................................................................................HB 299 Georgia Cosmetic Laser Services Act; enact .........................................................HB 528 House Study Committee on Tanning Salon Consumer Protection; create.............HR 425

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INDEX

5147

House Study Committee on the Funeral Service Profession; create ......................HR 720 Income tax credit; certain businesses; biotechnology; provide..............................HB 198 Income tax credit; certain qualified business investments; provide.......................HB 435 Medical services; physician's fees; require board approval ...................................HB 597 Motor vehicles; scrap metal or parts; certificates of title; provisions ....................HB 171 Motor vehicles; used; sale or advertising; change certain exceptions....................HB 144 Opticians; licensure; practical training; specify certain requirements ...................HB 241 Optometrists; provide for additional pharmaceutical agents
used for treatment purposes; standard of care ....................................................... SB 17 Patient Right to Participate Act; enact....................................................................HB 108 Physicians; Composite State Board of Medical Examiners; provisions ................HB 492 Physicians; retired; continuing education hours; provisions ..................................HB 626 Private detectives and security agencies; licensing process; revise .......................HB 504 Professional malpractice charges; affidavit; change certain provisions.................HB 221 Qualified Soil Scientists; evaluations/reports shall be accepted
by Dept. of Natural Resources/Dept. Human Resources..................................... SB 226 Ray Biddy and Gene Mullis Act; renal disease facilities and personnel.................. SB 57 Real Estate Brokers; disabled veterans; provisions; criminal convictions;
provide that certain time periods shall pass; application for licensure................ SB 114 Registered nurses; advanced practice; on-site patient evaluation; provide ............HB 676 Residential/General Contractors; revise the licensure provisions .......................... SB 115 State Construction Industry Licensing Board; Class I; provide changes ...............HB 611 State Licensing Board for Residential and General Contractors;
change certain provisions.....................................................................................HB 224 State of Georgia; strategic business framework; tourism and trade; urge..............HR 719 Used Motor Vehicle Dealers' and Used Motor Vehicle Parts
Dealers' Registration Act; change definition .......................................................HB 184
PROPERTY Ad valorem tax; assessed value of real property; provide limitations - CA...............HR 3 Ad valorem tax; certain charitable institutions; clarify exemption ........................HB 445 Aircraft liens; Federal Aviation Administration's Aircraft Registry; provisions.............................................................................................................HB 489 Bibb, Cobb, Dougherty, Mitchell, Monroe and Troup Counties; lease property; authorize......................................................................................HR 370 Blood donation; minimum age; change .................................................................HB 729 Dispossessory Proceedings; clarify the process for judgments by defaults; definitions .............................................................................................................. SB 94 Funeral service contracts; plat marked with location of grave space; provide .................................................................................................................HB 278 Georgia Condominium Act; define certain terms; declarant shall pay certain expenses; provide exceptions; subcondominium ..................... SB 267 Georgia Condominium Act; define terms; provisions............................................HB 383

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5148

INDEX

Georgia Property Owners' Association Act; lot owners' obligations; provisions.............................................................................................................HB 800
Georgia Residential Mortgage Act; enact ..............................................................HB 718 Income tax credits; business property; renewable energy property;
provide .................................................................................................................HB 438 Insurance; third party's lienholder; provisions .......................................................HB 673 Landlord liens; definitions; provisions ...................................................................HB 579 Local government; residential rental property; require registration.......................HB 642 Pawnbrokers; title pawn transactions; provisions ..................................................HB 398 Pawnbrokers; title pawn transactions; provisions ..................................................HB 720 Property annexation; rezoning; objections to land use; provisions ..........................HB 46 Property owners' associations; covenants running with land;
changes to limitations on amendments ................................................................HB 261 Property; railroads; provisions................................................................................HB 430 Public property; authorize conveyance...................................................................HR 369 Public Service Commission; towing of certain vehicles; provide..........................HB 316 Real estate transfer tax and intangible recording tax; increases;
authorize - CA......................................................................................................HR 421 Real property values; residential; fair market value; requirements - CA...............HR 158 Revenue and taxation; unclaimed property; provisions .........................................HB 353 Security deposits; change and provide for definitions ...........................................HB 668 Specialized land transactions; minimum amount for liens; provide ......................HB 422 Superior Court Clerks; personal property filing fees;
collection/remittance; change sunset dates............................................................ SB 14 Tax amnesty program; certain obsolete provisions; repeal ....................................HB 129 Water, gas and other services; limited liens for unpaid charges;
change certain provisions.....................................................................................HB 713 Water, gas and other services; limited liens for unpaid charges;
change certain provisions.....................................................................................HB 721
PROSECUTING ATTORNEYS Elections; nonpartisan; sheriffs, district attorneys, and solicitor generals; provide .................................................................................................................HB 381 Employees' Retirement System; assistant district attorneys; provisions................HB 839 Georgia Judicial Retirement System; creditable service; superior court judges and district attorneys; provisions ....................................................HB 545 Georgia Judicial Retirement System; superior court judges and district attorneys; change provisions.............................................................HB 856 Prosecuting attorneys; standards and duties; subject to discipline and sanctions........................................................................................................HB 251
PSYCHOLOGISTS Psychologists; administer and prescribe drugs; provisions ....................................HB 397

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INDEX

5149

PUBLIC ADMINISTRATION, OFFENSES AGAINST Evidence; tampering; remove requirement that such offense involve another person......................................................................................... SB 238
PUBLIC ASSISTANCE (See Social Services) Certificate of Need; repeal......................................................................................HB 263 Children with disabilities; basic therapy services; establish requirements ............HB 549 Community Health, Department of; county health departments; provisions.............................................................................................................HB 456 Community Health, Department of; HMOs; Medicaid services; require disclosure...................................................................................................HB 19 Katie Beckett waiver program; eligibility; certain children; require certain procedures....................................................................................HB 279 Medical assistance; birth certificate; provisions.....................................................HB 557 Medical assistance; recovery; liable third parties; change certain provisions.............................................................................................................HB 550 State False Medicaid Claims Act; enact .................................................................HB 551
PUBLIC BUILDINGS Rosa Parks and others; portraits in the state capitol; authorize ..............................HR 121
PUBLIC CONTRACTS Transportation, Department of; contractors; eligibility; provisions .......................HB 202
PUBLIC HEALTH AND MORALS, OFFENSES AGAINST Animal Fighting Act; change certain provisions...................................................... SB 16 Bingo; certain fraternal organizations; provisions..................................................HB 778 Certain medicines; purchase; provide minimum age .............................................HB 739 Certain nonprofit organizations; certain noncash prizes; allow give away............HB 259 Cigarettes/Tobacco; minors; unlawful to attempt purchase; vending machines; change certain provisions ....................................................... SB 95 Crimes against public health and morals; abortion; provisions..................................HB 1 Crimes/Offenses; Georgia Bureau of Investigation investigate certain offenses against minors, including subpoena power ................................. SB 98 Dogfighting; prohibit; punishments; amend provisions .........................................HB 301 Obscenity crimes; distribution of obscene materials; insert new provisions .............................................................................................................HB 226 Persons convicted of certain felonies; voting provisions; amend - CA .................HR 128 Sexual Offenders; unlawful to photograph minors; provide penalties....................... SB 1 Tattoo; misdemeanor; eye socket; repeal .................................................................HB 92

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5150

INDEX

PUBLIC OFFICERS AND EMPLOYEES Board of Community Health; health insurance for certain persons; authorize...............................................................................................................HB 390 Budget Act; periodic application of zero-base budgeting; analysis of departmental/program objectives ...................................................................... SB 12 Budget/Financial Affairs; creation of website which the public can view the state budget ....................................................................................... SB 29 Certain justices and judges; annual salaries; increase ............................................HB 119 Coroners; county officers; provide - CA ................................................................HR 200 Crimes/Offenses; Georgia Bureau of Investigation investigate certain offenses against minors, including subpoena power ................................. SB 98 Death investigations; certain notification requirements; provide...........................HB 244 Death investigations; certain notification requirements; provide...........................HB 310 Deferred compensation plans; state employees; special pay plan; repeal..............HB 213 District attorneys; increase annual salaries.............................................................HB 319 Georgia Public Defender Standards Council; transfer from judicial branch to executive branch .................................................................................. SB 139 Georgia Retiree Health Benefit Fund; reports to the board of community health ................................................................................................ SB 172 Georgia State Indemnification Commission; composition; define certain terms......................................................................................................... SB 254 Georgia State Indemnification Fund; definitions; change terms..............................HB 48 Georgia Technology Authority; provide for construction/interpretation of the Code section .............................................................................................. SB 280 Governor; emergency powers; firearms; limit........................................................HB 774 Group Insurance Benefits; pursuant to Title 20 and Title 45; U.S. Internal Revenue Code ................................................................................ SB 144 Health Care Plans; continued access to care; enrollees; definitions......................... SB 73 Lobbyists and public officers; gifts; revise provisions...........................................HB 888 Notaries Public; shall be legal resident of United States; provide penalty............... SB 50 Notaries; qualifications; application; change certain provisions............................HB 274 Public employees and students; celebration of holidays; prohibit restrictions..............................................................................................................HB 12 Public employees; fraud, waste, abuse in state operations; change definitions ..............................................................................................................HB 16 Public office; prohibited employment; aliens; repeal certain provisions ...............HB 605 Public officers and employees; conflicts of interest; revise provisions .................HB 889 Public Officers/Employees; development of medical/physical fitness standards; appointment of medical review board..................................... SB 174 Secretary of State; authorize to designate/establish facilities; government agency as a branch depository; Division of Archives/History ............................ SB 210 Secretary of State; labor organizations; provisions ................................................HB 854 Special Elections; questions to the voters shall be held on certain dates ................. SB 71

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INDEX

5151

State do-not-call list; ADAD equipment; solicitation of votes; provisions..............HB 22 State Government; clarify meaning of criminal action; replace Dept. of
Administrative Services with Office of Treasury/Fiscal Services....................... SB 175 Tax returns; counties; tax commissioner closes books on March 1;
provide .................................................................................................................HB 594
PUBLIC ORDER AND SAFETY, OFFENSES AGAINST Armed Forces of U.S.; members; prohibit certain uses of names/pictures; provide penalties .................................................................................................... SB 30 Concealed weapons; transporting of certain firearms; change provisions .................HB 7 Emergency 9-1-1 system; change provisions; Wireless Communications Security Act; enact...............................................................................................HB 394 Firearms; carrying and possession; certain emergency conditions; provisions.................................................................................................................HB 6 Firearms; carrying and possession; change provisions ............................................HB 89 Firearms; certain employers; locked vehicles; provisions......................................HB 143 Firearms; public gatherings; allow constables to carry weapons ...........................HB 257 First offenders probation; status; clarify.................................................................HB 395 Pistol or revolver licenses; temporary renewal permits; provisions.......................HB 850 Sexual Offender Registration Review Board; register with sheriff of any county where offender resides.................................................................. SB 249
PUBLIC PROPERTY Bibb, Cobb, Dougherty, Mitchell, Monroe and Troup Counties; lease property; authorize......................................................................................HR 370 Public property; authorize conveyance...................................................................HR 369 State Properties; requirement that acquisitions of real property must be conducted through commission; remove certain exceptions ................. SB 120
PUBLIC RECORDS Public records inspection; certain requests may be required in writing; provide .................................................................................................................HB 283 Public records inspection; certain requests may be required in writing; provisions.............................................................................................................HB 716 Public records; agricultural or food systems information; provisions....................HB 101 Public records; confidential information not disclosed; provide..............................HB 39
PUBLIC SAFETY, DEPARTMENT OF Employees' Retirement System; State Patrol; certain members; age of retirement ..................................................................................................HB 150 Public Safety, Department of; sell and purchase of motor vehicles; allow commissioner .............................................................................................HB 368 Public Safety, Department of; State Patrol; retirement benefits; amend................HB 373

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5152

INDEX

PUBLIC SERVICE COMMISSION Natural Gas Competition and Deregulation Act; Public Service Commission; provisions.......................................................................................HB 759 Public Service Commission; gas companies; interstate capacity assets; provisions.............................................................................................................HB 522
PUBLIC UTILITIES AND TRANSPORTATION Ad valorem tax; public utilities; railroad car repairs; provide exemption..............HB 289 Community Health, Department of; emergency transportation services; permits; require ......................................................................................................HB 73 Commuter Rail; Athens to Atlanta; urging U.S. Congress to provide funding.................................................................................................... SR 263 Electric suppliers; renewable energy and energy efficiency standards; implement ............................................................................................................HB 829 Emergency 9-1-1 system; change provisions; Wireless Communications Security Act; enact...............................................................................................HB 394 Gas; public convenience and necessity certificates; provide for revocation..........HB 587 Georgia Commission on Hearing Impaired and Deaf Persons; create ...................HB 655 Georgia Public Service Commission; certain violations; increase fines ................HB 460 Georgia Rail Passenger Authority; certain article; repeal ......................................HB 268 Georgia Smart Infrastructure Growth Act; creation ............................................... SB 200 House Study Committee on Interstate Gas Capacity Planning; create...................HR 828 Income tax credit; personal mass transportation expenses; provide ......................HB 307 Natural Gas Competition and Deregulation Act; Public Service Commission; provisions ......................................................................................HB 759 Natural gas; universal service fund; permit excess amounts..................................HB 746 Property; railroads; provisions................................................................................HB 430 Proposed merger of two satellite radio providers; urge Attorney General to oppose ................................................................................................HR 885 Public Service Commission; gas companies; interstate capacity assets; provisions.............................................................................................................HB 522 Public transportation; limousine carrier; change definition; provisions.................HB 389 Public transportation; motor contract carrier; change definition............................HB 317 Public utilities and transportation; certain utilities; return consumer deposits ................................................................................................................HB 288 Railroad grade crossings; active warning devices; define; provisions...................HB 426 Railroads; refusal to perform maintenance requests; change appeal procedure ..................................................................................................HB 868 Regional sales and use tax; transportation; provisions...........................................HB 434 Renewable energy; voluntary portfolio standard goals; provide............................HB 840 Sales and use tax; gas, oil, and coal; aquariums; provide exemption.....................HB 148 Sales and use tax; local option; transportation; special districts; provide ..............HB 173

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INDEX

5153

Sales and use tax; transportation; state-wide 1 percent tax; provide......................HB 442 Secondary Metals Recyclers; public utilities/transportation;
increased penalties ............................................................................................... SB 203 State do-not-call list; ADAD equipment; solicitation of votes; provisions..............HB 22 State Government; clarify meaning of criminal action; replace Dept. of
Administrative Services with Office of Treasury/Fiscal Services....................... SB 175 Telephone system; physically impaired; provisions...............................................HB 745 Transportation Trust Fund; create - CA .................................................................HR 509 Water, gas and other services; limited liens for unpaid charges;
change certain provisions.....................................................................................HB 713 Water, gas and other services; limited liens for unpaid charges;
change certain provisions.....................................................................................HB 721
PULASKI COUNTY Office of probate judge; nonpartisan elections....................................................... SB 298 Public property; authorize conveyance...................................................................HR 369

Q
QUALITY BASIC EDUCATION Quality Basic Education Act; annual educational program; require ........................HB 32 Quality Basic Education Act; Georgia teachers; enact bill of rights......................HB 711 Quality Basic Education Act; nationally norm-referenced instruments; revise provisions ..................................................................................................HB 637 Student Scholarship Organization and Education Improvement Organization Board; provide ...............................................................................HB 400
QUITMAN COUNTY Georgetown-Quitman County; conflict of laws; change provisions ......................HB 808

R
RADAR SPEED DETECTION DEVICES Georgia Law Enforcement Tuition and Training Act; create and establish...........HB 699 Motor vehicles; traffic-control signal monitoring devices; repeal provisions...............................................................................................................HB 77 Motor vehicles; traffic-control signal monitoring devices; repeal provisions.............................................................................................................HB 892 Speed detection and traffic-control monitoring devices; change certain provisions.................................................................................................HB 560

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5154

INDEX

Speed detection devices; certain highways; remove restriction on use..................HB 631 Traffic-control signal monitoring devices; violations; lower penalty ....................HB 590
RAILROADS Ad valorem tax; public utilities; railroad car repairs; provide exemption..............HB 289 Georgia Rail Passenger Authority; certain article; repeal ......................................HB 268 House Study Committee on Viability of Commuter Rail Service from Atlanta to West Point; create ......................................................................HR 150 Joint Study Committee on Viability of Commuter Rail Service from Atlanta to West Point; create ......................................................................HR 149 Property; railroads; provisions................................................................................HB 430 Railroad grade crossings; active warning devices; define; provisions...................HB 426 Railroads; refusal to perform maintenance requests; change appeal procedure ..................................................................................................HB 868
REAL ESTATE (Also, see Property) Real Estate Brokers; disabled veterans; provisions; criminal convictions; provide that certain time periods shall pass; application for licensure................ SB 114
RELIGION Government of Turkey; urge to grant the Ecumenical Patriarch international recognition ......................................................................................HR 415 Sales and use tax; churches; broaden exemption ...................................................HB 164
RETIREMENT AND PENSIONS Appellate court judges; elected on or after July 1, 2008; provide benefits ............HB 855 Boards of Trustees; various retirement systems in the state; urged not to invest in companies included in terrorism sanctions....................... SR 677 Circuit public defenders; certain retirement systems; membership; provisions.............................................................................................................HB 344 Employees' Retirement System; appellate court judges; benefits at 60; provide .................................................................................................................HB 309 Employees' Retirement System; assistant district attorneys; provisions................HB 839 Employees' Retirement System; certain creditable military service; extend date to apply .............................................................................................HB 794 Employees' Retirement System; certain military service; extend purchase date........................................................................................................HB 659 Employees' Retirement System; certain state patrol members; contributions; provisions .....................................................................................HB 639 Employees' Retirement System; court administrators; creditable service; provisions ...............................................................................................HB 873 Employees' Retirement System; creditable service; Department of Natural Resources; provide .............................................................................HB 730

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INDEX

5155

Employees' Retirement System; creditable service; Georgia Judicial Retirement System; provide ...................................................................HB 521
Employees' Retirement System; creditable service; provide..................................HB 678 Employees' Retirement System; creditable service; Southeastern
Boll Weevil Foundation; provide ........................................................................HB 691 Employees' Retirement System; Defined Contribution Plan; provisions...............HB 379 Employees' Retirement System; disability benefit calculations; provisions ..........HB 658 Employees' Retirement System; established benefit formula;
provide continuation ............................................................................................HB 875 Employees' Retirement System; future state employees; provisions .....................HB 843 Employees' Retirement System; narcotics agents; purchase prior service.............HB 209 Employees' Retirement System; State Patrol; certain members;
age of retirement ..................................................................................................HB 150 Employees' Retirement System; tax commissioners; provisions ...........................HB 846 Employees' Retirement System; temporary full-time employees; service;
provisions.............................................................................................................HB 170 Employees' Retirement System; transfer of creditable service;
provisions.............................................................................................................HB 360 Georgia Judicial Retirement System; creditable service; superior
court judges and district attorneys; provisions ....................................................HB 545 Georgia Judicial Retirement System; superior court judges
and district attorneys; change provisions.............................................................HB 856 Georgia Judicial Retirement System; superior court judges secretaries;
provide membership ............................................................................................HB 348 Georgia State Employee Savings Plan; enact.........................................................HB 837 Georgia State Employee Savings Plan; enact.........................................................HB 841 Georgia taxable net income; excludable retirement income amount;
amend...................................................................................................................HB 195 Income tax; retirement income; earned income allowance; eliminate
limitation..............................................................................................................HB 878 O.C.G.A; correct errors/omissions; Title 47........................................................... SB 104 Peace Officers' Annuity and Benefit Fund; certain persons;
provide membership ............................................................................................HB 732 Peace Officers' Annuity and Benefit Fund; Georgia Drugs and
Narcotics Agency; include for membership ........................................................HB 323 Peace Officers' Annuity and Benefit Fund; retirement benefit options;
provide .................................................................................................................HB 106 Public Retirement Systems Investment Authority Law; change
certain provisions.................................................................................................HB 318 Public Retirement Systems; define terms; alternative investments;
provide code of ethics ............................................................................................ SB 80 Public retirement systems; public employment related crime;
expand definition .................................................................................................HB 255

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5156

INDEX

Public Safety, Department of; State Patrol; retirement benefits; amend................HB 373 Republic of Sudan; public retirement systems; investing funds; prohibit..............HB 256 Retirement system; board of trustees; authority to increase benefits;
terminate ..............................................................................................................HB 449 Retirement; counties, municipal corporations; post-employment benefits;
define certain terms.............................................................................................. SB 156 Retirement; disability benefits; physical exam done at convenient
place of beneficiary; delete provisions ................................................................ SB 161 Retirement; full-time teacher; full-time employment and benefits; provide..........HB 157 Retirement; person who becomes member; disability benefit; actual years
of creditable service ............................................................................................ SB 162 Retirement; term life insurance; certain eligible persons; establish
two funds..............................................................................................................HB 448 Sheriffs' Retirement Fund; death benefits; increase amount ..................................HB 358 Taxable net income; retirement benefits; military service; state tax;
exempt....................................................................................................................HB 86 Teachers Retirement System; Board of Regents; change definition ......................HB 797 Teachers Retirement System; Board of Regents; employees
participation; provisions ......................................................................................HB 870 Teachers Retirement System; Board of Regents; employees
participation; provisions ......................................................................................HB 879 Teachers Retirement System; certain retired members; postretirement
benefit increase; provide......................................................................................HB 876 Teachers Retirement System; certain retired members; provisions .......................HB 490 Teachers Retirement System; creditable service; another state; provisions...........HB 707 Teachers Retirement System; creditable service; certain school systems;
provide .................................................................................................................HB 614 Teachers Retirement System; creditable service; provisions .................................HB 372 Teachers Retirement System; creditable service; public schools;
provisions.............................................................................................................HB 491 Teachers Retirement System; increase retirement allowance multiplier;
provisions.............................................................................................................HB 452 Teachers Retirement System; postretirement benefit increase; provisions............HB 735 Teachers Retirement System; Regents Retirement Plan; change
provisions.............................................................................................................HB 815 Teachers Retirement System; Regents Retirement Plan; creditable
service; provisions ...............................................................................................HB 865 Teachers Retirement System; service retirement; 29 years; provide .....................HB 146 Teachers Retirement System; survivor's benefits; provisions ................................HB 656 Teachers Retirement System; Trial Judges and Solicitors Retirement
Fund; provisions ..................................................................................................HB 842
REVENUE (See Taxation and Revenue)

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INDEX

5157

REVENUE BONDS Revenue Bond Law; undertaking; enlarge definition.............................................HB 566 Revenue bonds; certain authorities obtain approval; require .................................HB 260
REVENUE, DEPARTMENT OF Property Tax Assessments; appeals; payment of interest; change certain provisions..................................................................................................... SB 8 Revenue and taxation; unclaimed property; provisions .........................................HB 353 Tax deficiencies; penalties, fees, and costs; reenact certain provisions .................HB 230
RICHLAND, CITY OF; new charter; reincorporate and provide ..........................HB 477
RICHMOND COUNTY Augusta-Richmond County Commission; members; eligibility, election, and terms; provide ...............................................................................................HB 553 Change second division's jurisdiction; create third division of state court ............ SB 107 Civil Court; marshal; election and terms; provide .................................................HB 554
RIVERDALE, CITY OF Authorize to exercise all redevelopment/other powers .......................................... SB 319 Redevelopment Powers Law; authorize .................................................................HB 784
RIVERS, LAKES, AND HARBOR DEVELOPMENT U.S. Army Corps of Engineers; raising full pool for Lake Lanier; urge to study...........................................................................................................HR 56
ROCKDALE COUNTY Rockdale Judicial Circuit; judges; compensation supplement; change amount .....................................................................................................HB 459 State Court; salary of the judge; change provisions ...............................................HB 508
ROSWELL, CITY OF; corporate limits; change ...................................................HB 812
RUTLEDGE, CITY OF Bailey, Jackson; dedicate SR 278 through Rutledge................................................HR 45

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5158

INDEX

S
SALES AND USE TAX Commissioner, Revenue; powers/duties; sales/use taxes; collection of certain data......................................................................................................... SB 92 Dealers' sales and use tax returns; estimated tax liability; change provisions.............................................................................................................HB 165 Dealers' sales and use tax returns; estimated tax liability; change provisions.............................................................................................................HB 178 Gas Unification and Tax Simplification Act of 2007; enact ..................................HB 293 Georgia Tourism Development Act; enact.............................................................HB 451 Homestead option sales and use tax; disbursing proceeds; change manner and method..............................................................................................HB 264 Municipal Option Sales Tax Act; enact..................................................................HB 410 PeachCare Restoration Act; enact ..........................................................................HB 350 Regional sales and use tax; transportation; provisions...........................................HB 434 Sales and use tax exemption; certain properties; change provisions......................HB 189 Sales and use tax exemption; certain school supplies; energy efficient products; provide ..................................................................................HB 128 Sales and use tax exemptions; food sales; off-premises consumption; change provisions ................................................................................................HB 634 Sales and use tax; bad debt deductions; accrual basis; change provisions.............HB 446 Sales and use tax; certain alternative fuel facilities; temporary exemption ...........HB 186 Sales and use tax; certain fuels; dairy production; provide exemption ..................HB 248 Sales and use tax; certain fuels; dairy production; provide exemption ..................HB 407 Sales and use tax; certain machinery; blueberries; peaches; provide exemption .................................................................................................HB 87 Sales and use tax; certain prepared food and beverage donations; provide exemption ...............................................................................................HB 169 Sales and use tax; certain tourist attraction facilities; owner refunds; provide .................................................................................................................HB 481 Sales and use tax; churches; broaden exemption ...................................................HB 164 Sales and use tax; gas, oil, and coal; aquariums; provide exemption.....................HB 148 Sales and use tax; jet fuel; provide partial exemption ............................................HB 193 Sales and use tax; joint county and municipal; change certain procedures............................................................................................................HB 140 Sales and use tax; local option; transportation; special districts; provide ..............HB 173 Sales and use tax; maintenance contracting; provisions.........................................HB 450 Sales and use tax; motor fuels; prepayments; World Congress Center; Jekyll Island; Ports Authority; provisions ..............................................HB 219 Sales and use tax; natural or artificial gas sales; provide phased-in exemption.............................................................................................................HB 272

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INDEX

5159

Sales and use tax; nature center or performing arts amphitheater facility; provide exemption..................................................................................HB 413
Sales and use tax; nonprofit volunteer health clinics; provide exemption .............HB 294 Sales and use tax; packaging farm products; certain items; provide
exemption.............................................................................................................HB 329 Sales and use tax; performing arts centers and amphitheater
facilities; nonprofit volunteer health clinics; provide exemption.......................HB 162 Sales and use tax; personal property; certain nonprofit organizations;
provide exemption ...............................................................................................HB 436 Sales and use tax; physician prescribed medical equipment;
provide exemption ...............................................................................................HB 304 Sales and use tax; qualified government grantee; provide exemption ...................HB 166 Sales and use tax; repair of certain aircrafts; sale of parts; provide
exemption.............................................................................................................HB 282 Sales and use tax; textbooks; provide exemption...................................................HB 141 Sales and use tax; transportation; state-wide 1 percent tax; provide......................HB 442 Sales and use tax; water and sewer authorities; exempt...........................................HB 59 Sales and use tax; water pollution eliminating machinery exemptions;
change certain provisions.....................................................................................HB 237 Sales tax; educational purposes; authorize certain expenditures............................HB 187
SANTA CLAUS, CITY OF Ad valorem tax; provide homestead exemption .....................................................HB 575
SAVANNAH, CITY OF Evicted tenants property; provide certain procedures ............................................HB 825
SCHOOL BUSES School Bus Drivers Appreciation Day; declare......................................................HB 791 School bus drivers; certain cellular phone use; prohibit.........................................HB 612 School Bus Safety Week; declare...........................................................................HB 790
SCHOOLS (Also, see Education) Annexations; ad valorem tax; independent school systems; provisions ................HB 558 DeKalb County School Board; International Community School; use of certain property; urge ................................................................................HR 888 Nonresidential property; ad valorem school taxes; annexation; provisions - CA....................................................................................................HR 374 School councils; parent members; majority; provide.............................................HB 208 Schools and hospitals; recognition program; defibrillator training; establish ...............................................................................................................HB 692 Special license plates; Cobb County Public Schools; provide ...............................HB 671

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5160

INDEX

SEARCHES AND SEIZURES Crimes/Offenses; Georgia Bureau of Investigation investigate certain offenses against minors, including subpoena power ................................. SB 98 Warrant searches; video conference issuance; change provisions .........................HB 355 Weapons; crime or delinquent act; provisions .......................................................HB 333
SEAT BELTS Safety belts; failure to use; evidence of negligence; provide .................................HB 872 Safety belts; passenger vehicles; eliminate certain exceptions to the required use ................................................................................................. SB 86 Safety belts; required use; eliminate certain exceptions.........................................HB 608 Safety belts; violations; change certain penalties ...................................................HB 650
SECRETARY OF STATE Secretary of State; authorize to designate/establish facilities; government agency as a branch depository; Division of Archives/History ............................ SB 210 Secretary of State; labor organizations; provisions ................................................HB 854
SECURITIES Georgia Securities Act of 1973; change certain definitions...................................HB 172 Identity theft; security freezes; definitions; provisions ..........................................HB 130 Security and Prosperity Partnership of North America; urge Congress to withdraw ..........................................................................................................HR 858
SELLING AND OTHER TRADE PRACTICES Consumer reporting agencies; identical report to consumer and creditor; require ..................................................................................................................HB 196 Consumer transactions; phone card terms; disclosed at time of purchase; provide .................................................................................................................HB 478 Consumer transactions; rebates; mailed within certain time frame; provide .................................................................................................................HB 567 Credit report agency; person request security freeze; provisions.............................HB 35 Credit report; place security freeze; provisions........................................................HB 38 Flea market vendors; record keeping; certain item sales; restrict ..........................HB 475 Georgia Lemon Law; enact ....................................................................................HB 470 Georgia Personal Identity Protection Act; state agencies; breach of security; personal information......................................................................... SB 236 Identity theft; security freezes; definitions; provisions ..........................................HB 130 Motor vehicle leases; insurance coverage; provisions .............................................HB 17 Motor vehicles; definition; exempt certain vehicles; dealers; provisions ..............HB 117 Recreational vehicle dealers; conventions; provide certain exemptions................HB 297

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INDEX

5161

Retail Installment and Home Solicitation Sales Act; increase delinquency charges.............................................................................................HB 240
Secondary Metals Recyclers; public utilities/transportation; increased penalties ............................................................................................... SB 203
SENATE Certain communication confidentiality; state legislator and constituent; provide .................................................................................................................HB 365 Senate Convened; notify House of Representatives................................................... SR 1 Senate; provide four-year terms of office for members CA................................... SR 279
SENTENCE AND PUNISHMENT Crime and Sentencing; persons convicted of murder; imposition of life without parole ...................................................................................................... SB 145 Crime; knowingly manufacturing, selling, or distributing false identification documents; change penalties based upon the age of person convicted .................................................................................................. SB 100 Criminal Sentencing Procedure; probation/suspension; court may inquire/consider the legality of prisoner's presence in United States .................... SB 23 Death penalty; jury findings; aggravating circumstance; change provisions.............................................................................................................HB 185 Imprisonment sentence reviews; more than 12 years; three-judge panel; repeal....................................................................................................................HB 197
SEXUAL OFFENSES Crimes/Offenses; Georgia Bureau of Investigation investigate certain offenses against minors, including subpoena power ................................. SB 98 Joint Commercial Sexual Exploitation of Minors Study Commission; create .................................................................................................................... SR 445 Offenses; incest; provide for gender neutrality ........................................................ SB 54 Offenses; seizure of motor vehicles by person to facilitate sexual offenses .......... SB 219
SHERIFFS Elections; nonpartisan; sheriffs, district attorneys, and solicitor generals; provide .................................................................................................................HB 381 Sheriffs' duties; security plans; change frequency....................................................HB 51 Sheriff's services; increase fees for service in civil cases.......................................HB 338 Sheriffs; candidates; certified peace officers; require ............................................HB 326
SMOKEFREE AIR ACT Georgia Smokefree Air Act of 2005; performers in live theater; provide exemption ...............................................................................................HB 300

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5162

INDEX

SNELLVILLE, CITY OF; Redevelopment Powers Law; authorize......................HB 552
SOCIAL SERVICES Child Advocate, Office of; provide confidentiality of records............................... SB 128 Children with disabilities; basic therapy services; establish requirements ............HB 549 Community Health, Department of; care management organization; drug rebates; require refund...................................................................................HB 18 Community Health, Department of; county health departments; provisions.............................................................................................................HB 456 Community Health, Department of; HMOs; Medicaid services; require disclosure...................................................................................................HB 19 Community Health, Department of; PeachCare; eligibility verification services; require ...................................................................................................HB 396 Early Care and Learning, Department of; day-care centers and others; transfer duties to...................................................................................................HB 591 Family and children services; county directors; appointment; change certain provisions.....................................................................................HB 715 Family planning services; definitions; medical referral services; provisions.............................................................................................................HB 526 Foster Parents Bill of Rights; children who are privately placed; provide administrative hearing for aggrieved parties .......................................... SB 188 Georgia Public Assistance Act of 1965; foster children; certain dental services; provide .......................................................................................HB 866 Human Resources, Department of; Department of Aging; transfer functions...............................................................................................................HB 836 Human Resources, Department of; personal care home owners; criminal history; permit .......................................................................................HB 155 Juvenile courts; hearings; change certain provisions; Division of Family and Children Services; provide certain requirements .........................HB 153 Katie Beckett waiver program; eligibility; certain children; require certain procedures....................................................................................HB 279 Medical assistance; birth certificate; provisions.....................................................HB 557 Medical assistance; recovery; liable third parties; change certain provisions.............................................................................................................HB 550 PeachCare for Kids Program; state appropriations; provide ..................................HB 236 PeachCare for Kids Protection Act of 2007; enact.................................................HB 620 PeachCare for Kids Protection Act of 2007; enact.................................................HB 625 PeachCare; threshold income amount for eligibility; revise ..................................HB 340 PeachCare; urge Congress to enroll children of public employees..........................HR 90 Social services; recovery of assistance from liable third parties; change certain provisions.....................................................................................HB 505 State False Medicaid Claims Act; enact .................................................................HB 551 The Children's Health Insurance Act; enact ...........................................................HB 324

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5163

SOIL AND WATER CONSERVATION Soil/Water Conservation Districts; number/boundaries; alteration of existing districts/formation of new districts; change certain provisions ............. SB 263
SOIL EROSION AND SEDIMENTATION Certain water and sewer authorities; certified as local issuing authorities; authorize............................................................................................HB 760 Environmental Protection Division; certification revocation; relative to soil erosion and sedimentation control; change provisions .................................HB 463 Soil erosion and sedimentation; control; beaver dams; add exemption ................HB 565
SOPERTON, CITY OF Annex certain tracts or parcels of land; provisions ................................................HB 763
SOUTH FULTON, CITY OF; territory description; change provisions................HB 725
SPORTS Board of Regents; urge to establish intercollegiate wrestling programs................HR 246 Joint Study Committee on Continuing Education and Collegiate Sports Programs for Students with Disabilities; create .......................................HR 322
ST. MARYS, CITY OF Redevelopment Powers Law; authorize .................................................................HB 267 Redevelopment Powers Law; authorize .................................................................HB 341 Vacancy of any elected office; provide for certain declarations ............................ SB 269
STATE COURTS OF COUNTIES (Also, see Courts) State court proceedings; first time; death sentence; change certain provisions.............................................................................................................HB 578 Superior/State Court Judges; performing ordered military duty; eligible for reelection; qualify by mail, messenger or agent on duty ................... SB 11
STATE EMPLOYEES Board of Community Health; health insurance for certain persons; authorize...............................................................................................................HB 390 Circuit public defenders; certain retirement systems; membership; provisions.............................................................................................................HB 344 Deferred compensation plans; state employees; special pay plan; repeal..............HB 213 Employees' Retirement System; appellate court judges; benefits at 60; provide .................................................................................................................HB 309 Employees' Retirement System; assistant district attorneys; provisions................HB 839

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5164

INDEX

Employees' Retirement System; certain creditable military service; extend date to apply .............................................................................................HB 794
Employees' Retirement System; certain military service; extend purchase date........................................................................................................HB 659
Employees' Retirement System; certain state patrol members; contributions; provisions .....................................................................................HB 639
Employees' Retirement System; court administrators; creditable service; provisions.............................................................................................................HB 873
Employees' Retirement System; creditable service; Georgia Judicial Retirement System; provide ...................................................................HB 521
Employees' Retirement System; creditable service; provide..................................HB 678 Employees' Retirement System; creditable service; Southeastern
Boll Weevil Foundation; provide ........................................................................HB 691 Employees' Retirement System; Defined Contribution Plan; provisions...............HB 379 Employees' Retirement System; disability benefit calculations; provisions ..........HB 658 Employees' Retirement System; established benefit formula;
provide continuation ............................................................................................HB 875 Employees' Retirement System; future state employees; provisions .....................HB 843 Employees' Retirement System; narcotics agents; purchase prior service.............HB 209 Employees' Retirement System; State Patrol; certain members;
age of retirement ..................................................................................................HB 150 Employees' Retirement System; tax commissioners; provisions ...........................HB 846 Employees' Retirement System; temporary full-time
employees; service; provisions ............................................................................HB 170 Employees' Retirement System; transfer of creditable service; provisions ...........HB 360 Georgia Retiree Health Benefit Fund; reports to the board of
community health ................................................................................................ SB 172 Georgia State Employee Savings Plan; enact.........................................................HB 837 Georgia State Employee Savings Plan; enact.........................................................HB 841 Georgia Technology Authority; provide for construction/interpretation
of the Code section .............................................................................................. SB 280 Health Care Plans; continued access to care; enrollees; definitions......................... SB 73 Public Safety, Department of; State Patrol; retirement benefits; amend................HB 373 Retirement; disability benefits; physical exam done at convenient
place of beneficiary; delete provisions ................................................................ SB 161 Retirement; person who becomes member; disability benefit;
actual years of creditable service ........................................................................ SB 162 Retirement; term life insurance; certain eligible persons; establish
two funds..............................................................................................................HB 448
STATE FLAG, SEAL, AND OTHER SYMBOLS English; designated as official language; documents and forms; provide ...............HB 21 State and other flags; statues and symbols; provide certain protections ................HB 640

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5165

STATE GOVERNMENT Audits and Accounts, Department of; annual reports on state agencies; require ....................................................................................................................HB 91 Bibb, Cobb, Dougherty, Mitchell, Monroe and Troup Counties; lease property; authorize......................................................................................HR 370 Budget Act; periodic application of zero-base budgeting; analysis of departmental/program objectives ...................................................................... SB 12 Charter Systems Act; establishment of charter schools; revise/add definitions; establish Charter Advisory Committee .............................................. SB 39 Clean and renewable fuels; certain vehicles operated by certain government entities; require use..........................................................................HB 541 Community Affairs, Department of; planning procedures; public hearings; provide..................................................................................................HB 258 Court Reports; remove requirement of publishing a volume of rules from the definition of reports.................................................................. SB 232 Education lottery; conditions; provisions ...............................................................HB 229 Education lottery; prizes; proof of identification; provide certain requirements.........................................................................................................HB 747 Emergency Management; state-wide first responder building mapping information system; definitions; rule/regulations................................... SB 33 English; designated as official language; documents and forms; provide ...............HB 21 English; official language of the State of Georgia; declare - CA...........................HR 413 Foster Parents Bill of Rights; children who are privately placed; provide administrative hearing for aggrieved parties .......................................... SB 188 Georgia Aviation Authority Act; create ................................................................. SB 290 Georgia Building Authority; general provisions; operational powers ................... SB 130 Georgia Council for the Arts; Georgia Arts Alliance; create .................................HB 291 Georgia Council for the Arts; Georgia Arts Trust; create; provide tax credit ..............................................................................................................HB 351 Georgia Government Accountability Act; establish.................................................HB 31 Georgia Government Accountability Act; establish...............................................HB 495 Georgia Lottery Corporation; employment applicants; criminal background data; obtain .......................................................................................HB 517 Georgia Smart Infrastructure Growth Act; creation ............................................... SB 200 Georgia Technology Authority; provide for construction/interpretation of the Code section .............................................................................................. SB 280 Georgia Trauma Care Network Commission; establish; create Georgia Trauma Trust Fund .................................................................................. SB 60 Lottery for Education Act; define certain terms; provisions ..................................HB 515 Low-income microentrepreneurs; grant program; establish...................................HB 137 Metropolitan area planning and development commissions; change provisions ..................................................................................................HB 33

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5166

INDEX

Motor vehicles; commercial motor vehicle; define; license plates; provisions.............................................................................................................HB 518
Public property; authorize conveyance...................................................................HR 369 Public records inspection; certain requests may be required in writing;
provide .................................................................................................................HB 283 Public records inspection; certain requests may be required in writing;
provisions.............................................................................................................HB 716 Public records; agricultural or food systems information; provisions....................HB 101 Public records; confidential information not disclosed; provide..............................HB 39 Public Records; disclosure to the news media; public employees ......................... SB 212 Public Retirement Systems; define terms; alternative investments;
provide code of ethics ............................................................................................ SB 80 Public Works Bidding; provide definitions; advertisement of
contract opportunities .......................................................................................... SB 146 Redevelopment; require training with programs; create Redevelopment
Powers Training Board ........................................................................................ SB 225 Renewable energy; voluntary portfolio standard goals; provide............................HB 840 Republic of Sudan; certain transactions and bids by state agencies;
prohibit.................................................................................................................HB 160 Saving the Cure Act; create the Newborn Umbilical Cord Blood Bank for
postnatal tissue and fluid; Georgia Commission for Saving the Cure................. SB 148 Secretary of State; authorize to designate/establish facilities; government
agency as a branch depository; Division of Archives/History ............................ SB 210 State and other flags; statues and symbols; provide certain protections ................HB 640 State depositories; Federal Home Loan Banks; secure state funds ..........................HB 96 State Government; clarify meaning of criminal action; replace Dept. of
Administrative Services with Office of Treasury/Fiscal Services....................... SB 175 State government; impose unfunded mandates on local government;
prohibit - CA........................................................................................................HR 605 State of Georgia; strategic business framework; tourism and trade; urge..............HR 719 State Properties; requirement that acquisitions of real property
must be conducted through commission; remove certain exceptions ................. SB 120 Systematic Alien Verification for Entitlements (SAVE); drivers'
licenses; immigration status of noncitizens ............................................................. SB 5 War of 1812 Bicentennial Commission Act; enact ................................................HB 464
STATE PATROL (See Law Enforcement Officers and Agencies or Public Safety, Department of)
STATE PRINTING AND DOCUMENTS Court Reports; remove requirement of publishing a volume of rules from the definition of reports........................................................................................ SB 232

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5167

Emergency Management; state-wide first responder building mapping information system; definitions; rule/regulations................................... SB 33
English; designated as official language; documents and forms; provide ...............HB 21 Public records inspection; certain requests may be required in writing;
provide .................................................................................................................HB 283 Public records inspection; certain requests may be required in writing;
provisions.............................................................................................................HB 716 Public records; agricultural or food systems information; provisions....................HB 101 Public records; confidential information not disclosed; provide..............................HB 39 Public Records; disclosure to the news media; public employees ......................... SB 212 Public Retirement Systems; define terms; alternative investments;
provide code of ethics ............................................................................................ SB 80 Secretary of State; authorize to designate/establish facilities; government
agency as a branch depository; Division of Archives/History ............................ SB 210
STATESBORO, CITY OF; corporate limits; change.............................................HB 799
STEPHENS COUNTY; public property; authorize conveyance ............................HR 369
STEWART COUNTY L. M. Moye, Jr. Memorial Bridge; Stewart County; dedicate.................................. SR 63
STOCKBRIDGE, CITY OF Election of mayor and councilmembers; provide...................................................HB 331
STONE MOUNTAIN, CITY OF; Redevelopment Powers Law; authorize ..........HB 657
STONE MOUNTAIN JUDICIAL CIRCUIT Stone Mountain Judicial Circuit; judges; provide compensation supplement ...........................................................................................................HB 506
SUGAR HILL, CITY OF Corporate limits; change.........................................................................................HB 803 Redevelopment Powers Law; authorize .................................................................HB 749
SUMTER COUNTY; probate court judge; nonpartisan elections; provide ............HB 750
SUPERIOR COURTS Alternative attorneys; indigent defense costs; change certain provisions ..............HB 586 Brunswick Judicial Circuit; fifth judge for superior courts; provide .......................HB 34 Certain justices and judges; annual salaries; increase ............................................HB 119 Cobb, Cordele, Dublin, Enotah, and Gwinnett Judicial Circuits; additional superior court judge; provide..............................................................HB 118

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5168

INDEX

Cordele Judicial Circuit; superior court judgeship; create .....................................HB 295 Delayed birth certificates; petitions in probate and superior court; permit ............HB 111 Enotah Judicial Circuit; superior court judgeship; create.......................................HB 104 Georgia Judicial Retirement System; creditable service; superior
court judges and district attorneys; provisions ....................................................HB 545 Georgia Judicial Retirement System; superior court judges
and district attorneys; change provisions.............................................................HB 856 Georgia Judicial Retirement System; superior court judges secretaries;
provide membership ............................................................................................HB 348 Imprisonment sentence reviews; more than 12 years; three-judge panel;
repeal....................................................................................................................HB 197 Senior judge status; superior courts; leave office; provisions ................................HB 116 Superior Court Clerks; personal property filing fees
collection/remittance; change sunset dates ............................................................ SB 14 Superior court fees; real estate or personal property filings; change sunset
dates; instrument recordings; provide additional fees .........................................HB 386 Superior courts; 9-1-1 call; family violence; revise definition...............................HB 571 Superior Courts; Pike County in Griffin Circuit; change certain
terms of court ....................................................................................................... SB 177 Superior Courts; specify costs not be considered contingent expenses ................... SB 67 Superior/State Court Judges; performing ordered military duty; eligible
for reelection; qualify by mail, messenger or agent on duty ................................. SB 11 Walton Judicial Circuit; create ...............................................................................HB 179
SUPREME COURT Admission to Georgia bar; educational requirements; exam; provisions...............HB 115 Certain justices and judges; annual salaries; increase ............................................HB 119 Joint session; message from Chief Justice of Supreme Court..................................HR 41 Supreme Court; Court of Appeals; certain judges; travel allowances; provide .................................................................................................................HB 120
SUWANEE, CITY OF; Redevelopment Powers Law; authorize ...........................HB 748

T
TALLULAH FALLS, TOWN OF Town council; quorum, voting and special meetings; change provisions............................................................................................................. SB 244
TANNING FACILITIES House Study Committee on Tanning Salon Consumer Protection; create ....................................................................................................................HR 425
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INDEX

5169

TATTNALL COUNTY; public property; authorize conveyance ...........................HR 369
TAX LEVIES AND EXECUTIONS County tax commissioners; purchasing certain property; prohibit.........................HB 222 Local government; homeowner tax relief grant notification; provisions ...............HB 354 Tax collectors and commissioners; bill or notice mailing; change certain provisions.................................................................................................HB 380 Tax executions; tax collectors and commissioners; collection of costs; provide .................................................................................................................HB 339
TAXATION AND REVENUE Ad valorem property tax; qualified motor vehicles; provide for the elimination................................................................................................HB 585 Ad valorem tax; assessed value of real property; provide limitations - CA...............HR 3 Ad valorem tax; bona fide conservation use property; change certain provisions.................................................................................................HB 421 Ad valorem tax; businesses; tangible personal property; provide exemption.............................................................................................................HB 124 Ad valorem tax; certain business aircrafts; provide exemption .............................HB 322 Ad valorem tax; certain charitable institutions; clarify exemption ........................HB 445 Ad valorem tax; certifications; millage rate; change certain provisions ................HB 201 Ad valorem tax; finished goods; provide freeport exemption................................HB 328 Ad valorem tax; homestead exemption; disabled veterans; change provisions.............................................................................................................HB 561 Ad valorem tax; public utilities; railroad car repairs; provide exemption..............HB 289 Ad valorem tax; retail furniture businesses; inventories; provide exemption - CA....................................................................................................HR 597 Ad valorem tax; watercrafts held in inventory for resale; exempt .........................HB 271 Affordable Energy Efficient Homes Act of 2007; enact ........................................HB 577 Bona fide conservation use property; acreage restriction; remove - CA................HR 244 Bona fide conservation use property; additional acts; provisions ............................HB 78 Bona fide conservation use property; agritourism; change certain provisions.............................................................................................................HB 593 Bona fide conservation use property; assessment; change certain eligibility requirements ........................................................................................HB 321 Certain health plans; state and local insurance premium taxes; provide additional exemptions.............................................................................HB 404 Commissioner, Revenue; powers/duties; sales/use taxes; collection of certain data......................................................................................................... SB 92 Cost-of-Living Tax Fairness Act; enact .................................................................HB 175 County tax commissioners; compensation; additional duties; change certain provisions.....................................................................................HB 486

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5170

INDEX

County tax commissioners; purchasing certain property; prohibit.........................HB 222 County tax digest; final valuations; provide.............................................................HB 20 Dealers' sales and use tax returns; estimated tax liability; change
provisions.............................................................................................................HB 165 Dealers' sales and use tax returns; estimated tax liability; change
provisions.............................................................................................................HB 178 Excise tax; public accommodation furnishings; change certain
provisions.............................................................................................................HB 302 Excise tax; public accommodation furnishings; change certain
provisions.............................................................................................................HB 607 Farm owners; agritourism activities; provide limited liability ...............................HB 453 Gas Unification and Tax Simplification Act of 2007; enact ..................................HB 293 Gasoline Additives; provide for grants; E-85 gasoline for retail sale;
define certain terms.............................................................................................. SB 157 Georgia Council for the Arts; Georgia Arts Trust; create; provide
tax credit ..............................................................................................................HB 351 Georgia Higher Education Savings Plan; certain college savings plans;
change certain provisions.....................................................................................HB 225 Georgia taxable net income; excludable retirement income amount;
amend...................................................................................................................HB 195 Georgia Tourism Development Act; enact.............................................................HB 451 Homestead exemption; certain surviving spouses; provide definition.....................HB 99 Homestead exemption; certain surviving spouses; provide definition...................HB 298 Homestead option sales and use tax; disbursing proceeds; change
manner and method..............................................................................................HB 264 Homestead; exemption; certain disabled persons; total value................................ SB 218 Hotel motel tax; definitions; change certain provisions .........................................HB 374 Income tax credit; 5 percent of Earned Income Credit; provisions..........................HB 10 Income tax credit; business property; renewable energy property;
provide .................................................................................................................HB 438 Income tax credit; certain businesses; biotechnology; provide..............................HB 198 Income tax credit; certain businesses; definitions; provisions ...............................HB 440 Income tax credit; certain qualified business investments; provide.......................HB 435 Income tax credit; certain qualified low-income community
investments; provide ............................................................................................HB 437 Income tax credit; certain volunteer firefighters; provide ......................................HB 826 Income tax credit; historic structures rehabilitation; change
calculation method...............................................................................................HB 851 Income tax credit; employers; retraining programs; change
certain provisions.................................................................................................HB 194 Income tax credit; film, video, or digital productions; increase amount................HB 439 Income tax credit; personal mass transportation expenses; provide ......................HB 307 Income tax credit; prescribed hearing aids; provide...............................................HB 622

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INDEX

5171

Income tax credit; qualified wildlife rehabilitator expenses; provide ....................HB 674 Income tax credit; qualified low-income buildings; change
certain provisions.................................................................................................HB 405 Income tax credit; wood residuals; provide............................................................HB 670 Income tax; certain armed service members; exempt military income..................HB 686 Income tax; certain state income tax credits; change certain provisions................HB 361 Income tax; federal obligations; taxable income; revise provisions ......................HB 441 Income tax; rate computation; certain tax tables; change ......................................HB 204 Income tax; retirement income; earned income allowance; eliminate
limitation..............................................................................................................HB 878 Income Taxes; new definitions; modify the computation of
deductible business expenses............................................................................... SB 184 Insurance companies; tax credits; venture capital schemes; provisions.................HB 444 Insurance; health savings account; high deductible heath plans; provide................HB 27 Local government; homeowner tax relief grant notification; provisions ...............HB 354 Motor fuel taxes; jet fuel; funds from sales and use; provide - CA .........................HR 48 Motor vehicles; scrap metal or parts; certificates of title; provisions ....................HB 171 Municipal Option Sales Tax Act; enact..................................................................HB 410 Nonresidential property; ad valorem school taxes; annexation;
provisions - CA....................................................................................................HR 374 PeachCare Restoration Act; enact ..........................................................................HB 350 Property Tax Assessments; appeals; payment of interest; change
certain provisions..................................................................................................... SB 8 Property tax digest; positive tax allocation increments; prohibit use.....................HB 182 Public Charter School Capital Financing Act; enact ..............................................HB 831 Qualified disabled veterans; homestead exemption; increase amount ...................HB 823 Real estate transfer tax and intangible recording tax; increases;
authorize - CA......................................................................................................HR 421 Real property values; residential; fair market value; requirements - CA...............HR 158 Refundable income tax credits; low-income residents; provisions ........................HB 335 Regional sales and use tax; transportation; provisions...........................................HB 434 Revenue and taxation; define certain terms; provisions.........................................HB 357 Revenue and taxation; unclaimed property; provisions .........................................HB 353 Right of way acquisition; additional method; definitions; provisions....................HB 161 Sales and use tax exemption; certain properties; change provisions......................HB 189 Sales and use tax exemption; certain school supplies; energy
efficient products; provide ..................................................................................HB 128 Sales and use tax exemptions; food sales; off-premises consumption;
change provisions ................................................................................................HB 634 Sales and use tax; bad debt deductions; accrual basis; change provisions.............HB 446 Sales and use tax; certain alternative fuel facilities; temporary exemption ...........HB 186 Sales and use tax; certain fuels; dairy production; provide exemption ..................HB 248 Sales and use tax; certain fuels; dairy production; provide exemption ..................HB 407

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5172

INDEX

Sales and use tax; certain machinery; blueberries; peaches; provide exemption .................................................................................................HB 87
Sales and use tax; certain prepared food and beverage donations; provide exemption ...............................................................................................HB 169
Sales and use tax; certain tourist attraction facilities; owner refunds; provide .................................................................................................................HB 481
Sales and use tax; churches; broaden exemption ...................................................HB 164 Sales and use tax; gas, oil, and coal; aquariums; provide exemption.....................HB 148 Sales and use tax; jet fuel; provide partial exemption ............................................HB 193 Sales and use tax; joint county and municipal; change certain procedures............HB 140 Sales and use tax; local option; transportation; special districts; provide ..............HB 173 Sales and use tax; maintenance contracting; provisions.........................................HB 450 Sales and use tax; motor fuels; prepayments; World Congress Center;
Jekyll Island; Ports Authority; provisions ...........................................................HB 219 Sales and use tax; natural or artificial gas sales; provide phased-in
exemption.............................................................................................................HB 272 Sales and use tax; nature center or performing arts amphitheater facility;
provide exemption ...............................................................................................HB 413 Sales and use tax; nonprofit volunteer health clinics; provide exemption .............HB 294 Sales and use tax; packaging farm products; certain items; provide
exemption.............................................................................................................HB 329 Sales and use tax; performing arts centers and amphitheater
facilities; nonprofit volunteer health clinics; provide exemption........................HB 162 Sales and use tax; personal property; certain nonprofit organizations;
provide exemption ...............................................................................................HB 436 Sales and use tax; physician prescribed medical equipment;
provide exemption ...............................................................................................HB 304 Sales and use tax; qualified government grantee; provide exemption ...................HB 166 Sales and use tax; repair of certain aircrafts; sale of parts; provide
exemption.............................................................................................................HB 282 Sales and use tax; textbooks; provide exemption...................................................HB 141 Sales and use tax; transportation; state-wide 1 percent tax; provide......................HB 442 Sales and use tax; water and sewer authorities; exempt...........................................HB 59 Sales and use tax; water pollution eliminating machinery exemptions;
change certain provisions.....................................................................................HB 237 Sales tax; educational purposes; authorize certain expenditures............................HB 187 Saving the Cure Act; create the Newborn Umbilical Cord Blood Bank for
postnatal tissue and fluid; Georgia Commission for Saving the Cure................. SB 148 Setoff debt collection; public housing authorities; authorize .................................HB 327 Specific, business, and occupation taxes; corporate net worth tax; repeal...............HB 67 State and Local Tax Revision Act of 2007; enact ..................................................HB 385 State income tax; abolish; increase rate of tax on certain services;
provisions...............................................................................................................HB 66

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INDEX

5173

State income tax; corporations; provide gradual reduction; abolish January 1, 2010 ....................................................................................................HB 176
State income tax; periods of limitation; additional claims for refunds; authorize.................................................................................................................HB 40
Student Scholarship Organization and Education Improvement Organization Board; provide ...............................................................................HB 400
Tax amnesty program; certain obsolete provisions; repeal ....................................HB 129 Tax collectors and commissioners; bill or notice mailing; change
certain provisions.................................................................................................HB 380 Tax Credits for Community Service Contributions - CA....................................... SR 400 Tax deficiencies; penalties, fees, and costs; reenact certain provisions .................HB 230 Tax executions; tax collectors and commissioners; collection of costs;
provide .................................................................................................................HB 339 Tax returns; counties; tax commissioner closes books on March 1;
provide .................................................................................................................HB 594 Tax Returns; local law; establish a different time .................................................. SB 132 Taxable net income; retirement benefits; military service; state tax;
exempt....................................................................................................................HB 86 Taxation; comprehensive revision; abolish most state and local taxes;
fair tax; provide - CA..........................................................................................HR 900 Taxation; payment of taxes where property lies in more than one county;
repeal certain provisions ........................................................................................ SB 58 Taxation; provide limitations on state government tax and expenditures;
definitions - CA ..................................................................................................... SR 20 Taxation; real estate investment trusts; dividends; clarify state
conformity............................................................................................................HB 447 Taxes; change the period of time within which a tax deed shall
ripen by prescription ............................................................................................ SB 271 Taxpayer Protection Amendment of 2007; enact - CA ..........................................HR 956 Transportation Trust Fund; create - CA .................................................................HR 509
TEACHERS (Also, see Education) Education; salary increases for certain certification; change provisions................HB 133 Education; secondary school teachers; alternative teaching certifications; provide .................................................................................................................HB 603 Quality Basic Education Act; Georgia teachers; enact bill of rights......................HB 711 Retirement; full-time teacher; full-time employment and benefits; provide..........HB 157 Teachers Retirement System; Board of Regents; change definition ......................HB 797 Teachers Retirement System; Board of Regents; employees participation; provisions ......................................................................................HB 870 Teachers Retirement System; Board of Regents; employees participation; provisions ......................................................................................HB 879

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5174

INDEX

Teachers Retirement System; certain retired members; postretirement benefit increase; provide ......................................................................................HB 876
Teachers Retirement System; certain retired members; provisions .......................HB 490 Teachers Retirement System; creditable service; another state; provisions...........HB 707 Teachers Retirement System; creditable service; certain school
systems; provide ..................................................................................................HB 614 Teachers Retirement System; creditable service; provisions .................................HB 372 Teachers Retirement System; creditable service; public schools;
provisions.............................................................................................................HB 491 Teachers Retirement System; increase retirement allowance
multiplier; provisions...........................................................................................HB 452 Teachers Retirement System; postretirement benefit increase; provisions............HB 735 Teachers Retirement System; Regents Retirement Plan; change
provisions.............................................................................................................HB 815 Teachers Retirement System; Regents Retirement Plan; creditable
service; provisions ...............................................................................................HB 865 Teachers Retirement System; service retirement; 29 years; provide .....................HB 146 Teachers Retirement System; survivor's benefits; provisions ................................HB 656 Teachers Retirement System; Trial Judges and Solicitors Retirement
Fund; provisions ..................................................................................................HB 842
TELEPHONE AND TELEGRAPH SERVICE Emergency 9-1-1 system; change provisions; Wireless Communications Security Act; enact...............................................................................................HB 394 Georgia Commission on Hearing Impaired and Deaf Persons; create ...................HB 655 State do-not-call list; ADAD equipment; solicitation of votes; provisions..............HB 22 Telephone system; physically impaired; provisions...............................................HB 745
TELEVISION Consumer Choice for Television Act; enact...........................................................HB 227
TERRORISM Boards of Trustees; various retirement systems in the state; urged not to invest in companies included in terrorism sanctions....................... SR 677 House Study Committee on Prison System Terrorist Recruitment; create ............HR 375
THEFT OFFENSES Criminal Reproduction/Sale of Recorded Material; increase penalties; provide forfeiture of certain items....................................................... SB 135 Identity theft; security freezes; definitions; provisions ..........................................HB 130 Secondary Metals Recyclers; public utilities/transportation; increased penalties ............................................................................................... SB 203

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INDEX

5175

TIFT COUNTY; Redevelopment Powers Law; authorize .....................................HB 211
TIFTON, CITY OF; Redevelopment Powers Law; authorize ................................HB 212
TOBACCO PRODUCT MANUFACTURERS Tobacco Prevention Master Settlement Agreement Oversight Committee; create ................................................................................................HB 887
TORTS Torts; asbestos/silica claims; change provisions .................................................... SB 182
TOURISTS Bona fide conservation use property; agritourism; change certain provisions.............................................................................................................HB 593 Georgia Tourism Development Act; enact.............................................................HB 451 Sales and use tax; certain tourist attraction facilities; owner refunds; provide .................................................................................................................HB 481 State of Georgia; strategic business framework; tourism and trade; urge..............HR 719
TOWNS COUNTY Ad valorem tax; provide homestead exemption .....................................................HB 727 School District; ad valorem tax; provide homestead exemption............................HB 502
TRADE (See Commerce and Trade)
TRANSPORTATION SERVICES Clean and renewable fuels; certain vehicles operated by certain government entities; require use..........................................................................HB 541 Georgia Aviation Authority Act; create ................................................................. SB 290 Motor vehicles; commercial motor vehicle; define; license plates; provisions.............................................................................................................HB 518
TRANSPORTATION, DEPARTMENT OF Georgia Aviation Authority Act; create ................................................................. SB 290 Highway System; alternative tourism routes; creation........................................... SB 282 Highway System; Dept. of Transportation; RV friendly markers on specific service signs for business establishments ........................................... SB 87 Outdoor advertising signs; highways; certain height limitations; provisions.............................................................................................................HB 610 Public roads; lack of removal of vehicles; liable for gross negligence ..................HB 231 Public Works Bidding; provide definitions; advertisement of contract opportunities .......................................................................................... SB 146 Railroad grade crossings; active warning devices; define; provisions...................HB 426

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5176

INDEX

Railroads; refusal to perform maintenance requests; change appeal procedure ..................................................................................................HB 868
Recycling services; commend; encourage highway construction to use recycled products.......................................................................................HR 245
Right of way acquisition; additional method; definitions; provisions....................HB 161 Transportation, Department of; contractors; eligibility; provisions .......................HB 202 Transportation, Department of; contracts; provisions ............................................HB 192 Vehicle Weight/Load; allow operator to comply with weight
requirements by shifting/equalizing on all wheels .............................................. SB 284 Vehicles and loads; fines for excess weight; provisions ........................................HB 536
TREUTLEN COUNTY; public property; authorize conveyance ...........................HR 369
TRIALS Criminal Trial Proceedings; require parties to raise specific objections to jury charges prior to jury retiring to deliberate ................................ SB 97 Imprisonment sentence reviews; more than 12 years; three-judge panel; repeal....................................................................................................................HB 197
TROUP COUNTY Bibb, Cobb, Dougherty, Mitchell, Monroe and Troup Counties; lease property; authorize......................................................................................HR 370 Public property; authorize conveyance...................................................................HR 369
TRUSTS (See Wills, Trusts, and Administration of Estates)
TYBEE ISLAND, CITY OF; council terms/qualifications for office .................... SB 261

U
UNIFORM RULES OF THE ROAD Alcoholic Beverages; resealed partially consumed bottle of wine; uniform rules of the road ....................................................................................... SB 55 Drivers' Licenses; suspended/revoke; change certain provisions............................. SB 15 Driving under the influence; mandatory sentences; increase .................................HB 336 DUI Alcohol or Drug Use Risk Reduction Program; direct offender to complete...........................................................................................................HB 414 Motor vehicles; commercial vehicle and fleet policy; change the definition ........................................................................................................ SB 224 Motor vehicles; speed restrictions; instruments charging violations of speed regulations; specify two-lane or highway ............................................. SB 125

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INDEX

5177

Motor vehicles; traffic-control signal monitoring devices; repeal provisions...............................................................................................................HB 77
Motor vehicles; traffic-control signal monitoring devices; repeal provisions.............................................................................................................HB 892
Motor vehicles; used; sale or advertising; change certain exceptions....................HB 144 Motorcycles; certain traffic regulations; provide ...................................................HB 356 Motorcycles; provisions requiring protective headgear; exempt
certain persons .....................................................................................................HB 726 Offenses; seizure of motor vehicles by person to facilitate sexual
offenses ................................................................................................................ SB 219 Serious traffic offenses; felony fleeing; attempt to elude police;
provisions...............................................................................................................HB 75 Traffic Offenses; fleeing/attempting to elude a pursuing police vehicle;
punishment; change provisions.............................................................................. SB 91 Traffic-control devices; running red light; change civil penalty ............................HB 883 Traffic-control devices; running red light; reduce civil penalty.............................HB 890 Traffic-control signal monitoring devices; violations; lower penalty ....................HB 590
UNION CITY, CITY OF Ad valorem tax; 65 years or older; provide homestead exemption.......................HB 618
UNIVERSITY SYSTEM OF GEORGIA (See Board of Regents, University System of Georgia)
UPSON COUNTY; Redevelopment Powers Law; authorize ..................................HB 762
USED MOTOR VEHICLE DEALERS AND PARTS Motor vehicles; used; sale or advertising; change certain exceptions....................HB 144 Used Motor Vehicle Dealers' and Used Motor Vehicle Parts Dealers' Registration Act; change definition .......................................................HB 184

V
VERDICT AND JUDGMENT Criminal procedure; verdict in felony case; jurors; provisions ..............................HB 126
VETERANS AFFAIRS; DEPARTMENT OF VETERANS SERVICE Lifetime honorary hunting and fishing licenses; certain military veterans; provide .................................................................................................................HB 595 Qualified disabled veterans; homestead exemption; increase amount ...................HB 823

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5178

INDEX

VICTIMS OF CRIME Criminal Reproduction/Sale of Recorded Material; increase penalties; provide forfeiture of certain items ....................................................................... SB 135
VIDALIA, CITY OF Ad valorem tax; provide homestead exemption .....................................................HB 576 Ad valorem tax; school district; provide homestead exemption ............................HB 574
VITAL RECORDS Death certificates; hospice, nursing home, or hospital; provisions ..........................HB 44 Delayed birth certificates; petitions in probate and superior court; permit ............HB 111 Vital records; redact social security numbers; provide ..........................................HB 284 Walker's Act; vital records; registration and certificate of births; enact ..................HB 15
VOCATIONAL, TECHNICAL, AND ADULT EDUCATION Career Academies Act of 2007; enact ....................................................................HB 570 Career Academies Act; disbursement of funds by the State Board of Technical and Adult Education; charter schools............................................... SB 68
VOTER REGISTRATION AND VOTING (Also, see Elections) Election day; registration; provisions .....................................................................HB 205 Elections; absentee voting; casting of ballots; change provisions............................HB 62 Elections; electronic recording voting systems; provisions ...................................HB 859 Elections; optical scan ballots; provisions..............................................................HB 858 Elections; tampering of electronic voting machines; increase penalty ......................HB 8 Electronic recording voting systems; permanent paper record; require.....................HB 9 Incarcerated persons; moral turpitude felonies; prohibit voting - CA ...................HR 123 Persons convicted of certain felonies; voting provisions; amend - CA .................HR 128 Special elections; held on certain dates; provide....................................................HB 296 Voter registration; proof of citizenship; require .......................................................HB 43

W
WALTON COUNTY Walton Judicial Circuit; create ...............................................................................HB 179
WAR ON TERRORISM LOCAL ASSISTANCE Public safety and judicial facilities authorities; bond indebtedness; provide limitations ...............................................................................................HB 181

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INDEX

5179

WARE COUNTY Public Property; conveyance; granting of easements for facilities, utilities 6 counties ............................................................................................................. SR 249 Satilla Regional Water and Sewer Authority; member selection; revise ...............HB 743 Waycross and Ware County Industrial Development Authority; revenue bonds issuance; change certain provisions.............................................HB 325
WARNER ROBINS, CITY OF Real property disposition; change provisions.........................................................HB 824
WARRANTS Search warrants; issuance by judicial officers; change provisions ........................HB 710
WASHINGTON COUNTY; sheriff; change compensation ...................................HB 857
WASTE MANAGEMENT Recycling services; commend; encourage highway construction to use recycled products.......................................................................................HR 245 Solid waste; permit requirements; change certain provisions ................................HB 569 Waste management; methamphetamine clean up; provisions................................HB 802
WATER RESOURCES Certain water and sewer authorities; certified as local issuing authorities; authorize............................................................................................HB 760 Coastal Marshlands Protection Act; exempt certain private docks; provide............HB 42 Coastal Marshlands Protection Act; exempt certain single private docks; provide........................................................................................................HB 68 Conservation; Coastal Marshlands Protection Act of 1970; change provisions.............................................................................................................HB 500 Fishermen's Right to Know Act; enact ...................................................................HB 717 Georgia Smart Infrastructure Growth Act; creation ............................................... SB 200 Local government; water and sewer systems; change certain provisions ..............HB 247 Metropolitan North Georgia Water Planning District Act; change definition................................................................................................................HB 70 Public water systems; certain contractors; performance bonds; require ................HB 789 Sales and use tax; water pollution eliminating machinery exemptions; change certain provisions.....................................................................................HB 237 Soil and Water Conservation Districts; supervisors selection; express objection..................................................................................................HR 271 Water pollution control; surface water returns; regulate ........................................HB 596 Water resources; river basins; protection; provisions ..............................................HB 55 Water resources; surface and ground water; permits; change provisions ................HB 54

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5180

INDEX

WATERS, PORTS, AND WATERCRAFT Boating safety zones; Lake Oconee; certain vessels; change certain provisions.................................................................................................HB 510 Georgia Ports Authority; employees; power of arrest; peace officers; require ..................................................................................................................HB 218 Local government; privately constructed water systems; requiring ownership transfer; prohibit.................................................................................HB 471 Sales and use tax; motor fuels; prepayments; World Congress Center; Jekyll Island; Ports Authority; provisions ...........................................................HB 219 Vessels; abandoned; provide for revocation of certificates of number which have not been redeemed................................................................. SB 27 Vessels; certain ports; numbers of pilots; removal and storage; change certain provisions.....................................................................................HB 132 Water, gas and other services; limited liens for unpaid charges; change certain provisions.....................................................................................HB 713 Water, gas and other services; limited liens for unpaid charges; change certain provisions.....................................................................................HB 721 Watercraft; applicant for certificate of number for vessels purchased outside Georgia; sales/use tax has been paid....................................................... SB 185 Watercraft; certain vessels; provisions ...................................................................HB 849
WAYCROSS, CITY OF Corporate limits; change.........................................................................................HB 806 Waycross and Ware County Industrial Development Authority; revenue bonds issuance; change certain provisions.............................................HB 325
WAYNE COUNTY; public property; authorize conveyance..................................HR 369
WEAPONS (Also, see Firearms) Concealed weapons; transporting of certain firearms; change provisions .................HB 7 Firearms; carrying and possession; certain emergency conditions; provisions.................................................................................................................HB 6 Firearms; carrying and possession; change provisions ............................................HB 89 Firearms; certain employers; locked vehicles; provisions......................................HB 143 Pistol or revolver licenses; temporary renewal permits; provisions.......................HB 850
WELFARE (See Social Services)
WHITFIELD COUNTY; public property; authorize conveyance..........................HR 369

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INDEX

5181

WILDLIFE Income tax credit; qualified wildlife rehabilitator expenses; provide ....................HB 674 Wildlife Management Area land acquisition program; reallocation of funds; urge .......................................................................................................HR 881
WILLACOOCHEE, TOWN OF; corporate limits; deannex property ..................HB 853
WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES Estates and wills; descent and distribution; provisions ..........................................HB 139 Kenneth Lee Iverson Act; enact .............................................................................HB 532 Year's support; certain tax exemptions; provide ....................................................HB 822
WINE (Also, see Alcoholic Beverages) Alcoholic Beverages; resealed partially consumed bottle of wine; uniform rules of the road ....................................................................................... SB 55 Farm wineries; licensing; change certain provisions..............................................HB 393 Wine; state license requirements; direct shipment to Georgia residents; provisions.............................................................................................................HB 159
WINTERVILLE, CITY OF; charter; provisions ...................................................HB 736
WITNESSES Animal Fighting Act; change certain provisions...................................................... SB 16 Certain communication confidentiality; state legislator and constituent; provide .................................................................................................................HB 365
WOMAN'S RIGHT TO KNOW ACT Woman's Ultrasound Right to Know Act; enact ....................................................HB 147
WOODSTOCK, CITY OF Ad valorem tax; city purposes; provide homestead exemption..............................HB 633 Ad valorem tax; municipal purposes; provide homestead exemption....................HB 632
WORKERS COMPENSATION Drug-Free Work Programs; provide for onsite/oral testing ..................................... SB 96 Farm Laborers; provide a definition....................................................................... SB 239 Insurance; definitions; include plan administrators in prompt pay requirements.................................................................................................. SB 109 Medical services; physician's fees; require board approval ...................................HB 597 Subsequent Injury Trust Fund; payment of assessments; change certain provisions................................................................................................. SB 131 Workers' compensation; farm laborer; provide definition; claim filings; benefits; provisions ..............................................................................................HB 424

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5182

INDEX

Y
YOUNG HARRIS, CITY OF Ad valorem tax; provide homestead exemption .....................................................HB 509

Z
ZONING; PROCEDURES Georgia Townships Act; creation ............................................................................ SB 89 Municipalities; unincorporated areas; exercise zoning power - CA .....................HR 241 Territory annexation; rezoning; provisions ................................................................HB 2 Townships; power of zoning/regulation of land use development; funding - CA ........................................................................................................ SR 130 Zoning procedures; automotive collectors; provisions...........................................HB 863

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PART II
HOUSE BILLS
HB 1-- Crimes against public health and morals; abortion; provisions................................................................................................. 83, 95
HB 2-- Territory annexation; rezoning; provisions ............................... 91, 128, 1376, 1725, 4935
HB 3-- Child custody proceedings; parental rights; provisions....................... 414, 458
HB 5-- Motor vehicles; wireless communication devices; provisions............................................................................................. 118, 145
HB 6-- Firearms; carrying and possession; certain emergency conditions; provisions ................................................................. 118, 145, 225
HB 7-- Concealed weapons; transporting of certain firearms; change provisions ........................................................................ Prefiled Only
HB 8-- Elections; tampering of electronic voting machines; increase penalty............................................................................ 136, 158, 321
HB 9-- Electronic recording voting systems; permanent paper record; require...................................................................................... 163, 190
HB 10-- Income tax credit; 5 percent of Earned Income Credit; provisions............................................................................................. 137, 158
HB 11-- Insurance; coverage for vaccinations for cervical cancer and hpv; provide .......................................................................... Prefiled Only
HB 12-- Public employees and students; celebration of holidays; prohibit restrictions ................................................................................ 92, 128
HB 13-- Local school superintendents; compensation; change certain provisions......................................................................... Prefiled Only
HB 14-- Local school superintendents; elections; provisions ........................... 415, 458 HB 15-- Walker's Act; vital records; registration and certificate
of births; enact ..................................................................................... 119, 145 HB 16-- Public employees; fraud, waste, abuse in state
operations; change definitions .................................................... 181, 198, 458, 926, 3774
HB 17-- Motor vehicle leases; insurance coverage; provisions................. 216, 251, 661 HB 18-- Community Health, Department of; care management
organization; drug rebates; require refund................................... Prefiled Only HB 19-- Community Health, Department of; HMOs; Medicaid
services; require disclosure.......................................................... Prefiled Only HB 20-- County tax digest; final valuations; provide................................ Prefiled Only

5184

INDEX

HB 21-- English; designated as official language; documents and

forms; provide........................................................................................ 92, 128

HB 22-- State do-not-call list; ADAD equipment; solicitation of

votes; provisions .................................................................................. 238, 268

HB 23-- Fair Campaign Practices Act; enact..................................................... 150, 175

HB 24-- Georgia Advance Directive for Health Care Act; enact ............. 119, 145, 321,

HB 25-- Georgia Development Impact Fee Act; change

467, 1897, 4062

definitions .................................................................................... Prefiled Only

HB 26-- Evidence; limitations on admissions of extrinsic

transactions; provisions.......................................................................... 92, 128

HB 27-- Insurance; health savings account; high deductible

heath plans; provide ..................................................................... Prefiled Only

HB 28-- Georgia Assignment Pool Underwriting Authority;

create ............................................................................................ Prefiled Only

HB 29-- Hunting and fishing licenses; exception for

nonresidents 65 and older; provide........................................................ 92, 128

HB 30-- Housing authorities; definitions; change certain

provisions........................................................................................ 83, 95, 662,

769, 2716, 3647

HB 31-- Georgia Government Accountability Act; establish.................... Prefiled Only

HB 32-- Quality Basic Education Act; annual educational

program; require ...................................................................................... 84, 95

HB 33-- Metropolitan area planning and development

commissions; change provisions ............................................................. 84, 95

HB 34-- Brunswick Judicial Circuit; fifth judge for superior

courts; provide ....................................................................................... 93, 128

HB 35-- Credit report agency; person request security freeze;

provisions............................................................................................... 93, 128

HB 36-- Landowners; annexation into adjoining county; change

provisions............................................................................................... 93, 128

HB 37-- Prisoners; await trial in mental health facility; provide......................... 94, 128

HB 38-- Credit report; place security freeze; provisions ..................................... 94, 128

HB 39-- Public records; confidential information not disclosed;

provide ................................................................................... 94, 128, 225, 297

HB 40-- State income tax; periods of limitation; additional

claims for refunds; authorize ............................................................... 119, 145

HB 41-- State parks; senior citizens; unlimited length of time;

provide ................................................................................................. 120, 145 HB 42-- Coastal Marshlands Protection Act; exempt certain

private docks; provide.......................................................................... 120, 145 HB 43-- Voter registration; proof of citizenship; require .................................. 120, 145

INDEX

5185

HB 44-- Death certificates; hospice, nursing home, or hospital; provisions............................................................................................. 120, 146
HB 45-- Pharmacy; pricing structure; prescription drugs; prior authorization; prohibit.......................................................................... 121, 146
HB 46-- Property annexation; rezoning; objections to land use; provisions............................................................................................. 121, 146
HB 47-- Health, Department of; combine Department of Human Resources and Department of Community Health .............................. 121, 146
HB 48-- Georgia State Indemnification Fund; definitions; change terms ............................................................................... 122, 146, 656, 936, 3757, 3853, 4032, 4158, 4168, 4869, 5008
HB 49-- Special license plates; pediatric cancer research; provide ................................................................................................. 122, 146
HB 50-- Interstate Compact for Juveniles; enact; repeal previous compact........................................................................................ 122, 146, 660
HB 51-- Sheriffs' duties; security plans; change frequency...................... 122, 146, 259, 384
HB 52-- Juvenile proceedings; arrest and detention of accused children; change provisions ................................................................. 123, 146
HB 53-- Piedmont Circuit; terms of court; change provisions ................. 123, 145, 225, 357, 1890
HB 54-- Water resources; surface and ground water; permits; change provisions ................................................................................ 123, 145
HB 55-- Water resources; river basins; protection; provisions ........................ 124, 145
HB 56-- Elections; nonpartisan; certain officials; provide ................................ 124, 145
HB 57-- General Assembly; committees; subpoena persons; provisions............................................................................................. 124, 145
HB 58-- Elections; nonpartisan; certain officials; provide by local law ............................................................................................... 124, 145
HB 59-- Sales and use tax; water and sewer authorities; exempt...................... 125, 145
HB 60-- Elections; hearings challenging candidate's qualifications; provisions..................................................................... 125, 145
HB 61-- Health care facilities; certain reports; require ..................................... 125, 146
HB 62-- Elections; absentee voting; casting of ballots; change provisions............................................................................................. 126, 146
HB 63-- Georgia Student Finance Authority; direct loans; certain students; provisions...................................................................... 126, 146, 638
HB 64-- Division of Probation/Parole Community Based Supervision; create............................................................................... 126, 146

5186

INDEX

HB 65-- Probation/Parole Community Based Supervision, Department of; create........................................................................... 127, 146
HB 66-- State income tax; abolish; increase rate of tax on certain services; provisions.............................................................................. 127, 146
HB 67-- Specific, business, and occupation taxes; corporate net worth tax; repeal .................................................................................. 127, 146
HB 68-- Coastal Marshlands Protection Act; exempt certain single private docks; provide ............................................................... 137, 158
HB 69-- Driver's records; online; Department of Driver Services; charging fee; prohibit.................................................................. 137, 158, 661, 842, 3756, 3827, 5026
HB 70-- Metropolitan North Georgia Water Planning District Act; change definition.......................................................................... 137, 158
HB 71-- County governing authorities; elected members; course of training; require ............................................................................... 138, 158
HB 72-- Georgia Homeland Security in Education Act of 2007; create .................................................................................................... 138, 158
HB 73-- Community Health, Department of; emergency transportation services; permits; require.............................................. 138, 158
HB 74-- Local governments; peace officers; authorize power of arrest; provisions.................................................................................. 139, 158
HB 75-- Serious traffic offenses; felony fleeing; attempt to elude police; provisions................................................................................. 139, 158
HB 76-- Emergency management; nomenclature and symbols; require permission; provisions.................................................... 139, 158, 226, 495, 1932, 3315, 5024
HB 77-- Motor vehicles; traffic-control signal monitoring devices; repeal provisions........................................................... 140, 158, 792, 1280
HB 78-- Bona fide conservation use property; additional acts; provisions.................................................................................... 140, 158, 572, 673, 3774
HB 79-- Motor vehicles; light transmission through windows; materials; provisions ................................................................... 140, 158, 226, 327, 2015, 2624
HB 80-- Education; public libraries; funds; state audit; change provisions............................................................................................. 140, 158
HB 81-- Game and fish; licenses; veterans' lifetime sportman's; charter fishing guide and pier fishing; provisions ...................... 141, 158, 225, 292, 1869, 1975, 2042, 4089

INDEX

5187

HB 82-- General Appropriations Act; State Fiscal Year 20062007; change appropriations................................................................ 141, 158
HB 83-- General Appropriations Act; State Fiscal Year 20062007; change appropriations................................................................ 141, 158
HB 84-- State Fiscal Year; July 1, 2007 - June 30, 2008; provide appropriations ...................................................................................... 141, 158
HB 85-- State Fiscal Year; July 1, 2007- June 30, 2008; provide appropriations ...................................................................................... 142, 158
HB 86-- Taxable net income; retirement benefits; military service; state tax; exempt..................................................................... 142, 158
HB 87-- Sales and use tax; certain machinery; blueberries; peaches; provide exemption......................................................... 142, 158, 906
HB 88-- Coretta Scott King Day; observe April 27; annually........................... 143, 158
HB 89-- Firearms; carrying and possession; change provisions............... 143, 158, 225, 409
HB 90-- Funeral establishments; adequate stock of funeral caskets; provisions ...................................................................... 143, 158, 321, 629, 2014, 2614
HB 91-- Audits and Accounts, Department of; annual reports on state agencies; require................................................................. 144, 158, 252, 288, 350, 406, 1932, 2627
HB 92-- Tattoo; misdemeanor; eye socket; repeal .................................... 144, 158, 904
HB 93-- Bainbridge, City of; provide new charter ................................... 151, 175, 268, 269, 396, 1821
HB 94-- Supplemental appropriations; State Fiscal Year July 1, 2006 - June 30, 2007................................................................... 144, 158, 900, 1034, 1274, 1428, 1906, 1914, 2043, 2257, 3772
HB 95-- General appropriations; State Fiscal Year July 1, 2007 June 30, 2008 ............................................................................ 144, 158, 1998, 2264, 2760, 2803, 3417, 3418, 3421, 4305, 5008
HB 96-- State depositories; Federal Home Loan Banks; secure state funds ................................................................................... 151, 175, 190, 228, 1811
HB 97-- Election reform; judicial, state-wide office, and General Assembly; provisions........................................................................... 151, 175
HB 98-- House and Senate; certain committees; amend Official Code of Georgia Annotated references....................................... 152, 175, 207, 255, 380

5188

INDEX

HB 99-- Homestead exemption; certain surviving spouses; provide definition................................................................................. 152, 175
HB 100-- Shrimp and shrimping; revise various provisions ...................... 152, 175, 225, 330, 3774
HB 101-- Public records; agricultural or food systems information; provisions............................................................... 153, 175, 224, 360, 2008
HB 102-- Georgia Public Financing for State-wide Judicial Office Campaign Act; enact............................................................................ 153, 175
HB 103-- Macon, City of; provide new charter .......................................... 154, 175, 268, 270
HB 104-- Enotah Judicial Circuit; superior court judgeship; create.................... 154, 175
HB 105-- Animals; poultry; revise certain provisions................................ 154, 175, 224, 293, 1932, 2796, 3947
HB 106-- Peace Officers' Annuity and Benefit Fund; retirement benefit options; provide .............................................................. 155, 175, 322, 436, 1811
HB 107-- Municipal government; additional requirements; certain franchise fees; provisions............................................................ 155, 175, 613, 760, 3425
HB 108-- Patient Right to Participate Act; enact................................................. 155, 175
HB 109-- County and municipality; consolidation; provisions .................. 156, 175, 658, 1354, 3756, 3934
HB 110-- Municipal government; certain franchise fees; cap rate to four percent; provisions ................................................................... 156, 175
HB 111-- Delayed birth certificates; petitions in probate and superior court; permit................................................................... 156, 175, 903
HB 112-- Food; license requirements; fees; applications; change provisions.................................................................................... 164, 190, 224, 435, 2714
HB 113-- 2007 Georgia Fire Officer Development Act; enact.................... 164, 190, 226
HB 114-- Safety belts; pickup trucks; rear seats of vehicles; require .................................................................................................. 164, 190
HB 115-- Admission to Georgia bar; educational requirements; exam; provisions .................................................................................. 165, 190
HB 116-- Senior judge status; superior courts; leave office; provisions............................................................................................. 165, 190
HB 117-- Motor vehicles; definition; exempt certain vehicles; dealers; provisions ...................................................................... 165, 190, 903, 1607, 3418, 3636, 5022

INDEX

5189

HB 118-- Cobb, Cordele, Dublin, Enotah, and Gwinnett Judicial Circuits; additional superior court judge; provide ...................... 166, 190, 321, 383, 903, 1480, 3774
HB 119-- Certain justices and judges; annual salaries; increase ................ 166, 190, 321, 399
HB 120-- Supreme Court; Court of Appeals; certain judges; travel allowances; provide .................................................................... 166, 190, 321, 400, 3425
HB 121-- Corporations; summons of garnishment; change provisions............................................................................................. 167, 190
HB 122-- Commercial feeds; labeling requirements; exclude equine feed.................................................................................. 167, 190, 224, 331, 3425
HB 123-- Municipal territory; deannexation; change certain provisions............................................................................................. 167, 190
HB 124-- Ad valorem tax; businesses; tangible personal property; provide exemption ............................................................................... 167, 190
HB 125-- Elementary and secondary education; Georgia Day; February 12; encourage ....................................................................... 168, 190
HB 126-- Criminal procedure; verdict in felony case; jurors; provisions............................................................................................. 168, 190
HB 127-- Prescription drugs; generic; change provisions .......................... 168, 190, 320, 740
HB 128-- Sales and use tax exemption; certain school supplies; energy efficient products; provide .............................................. 168, 190, 572, 678, 2662
HB 129-- Tax amnesty program; certain obsolete provisions; repeal.................................................................................................... 169, 190
HB 130-- Identity theft; security freezes; definitions; provisions ....................... 169, 190
HB 131-- Georgia HERO Scholarship; surviving spouses be eligible students; provide ............................................................ 169, 190, 902, 1591, 3422, 3681
HB 132-- Vessels; certain ports; numbers of pilots; removal and storage; change certain provisions.............................................. 170, 190, 198, 229, 1898, 1979
HB 133-- Education; salary increases for certain certification; change provisions ................................................................................ 170, 190
HB 134-- Local governments; bid bonds; cash; change certain provisions.................................................................................... 170, 190, 425, 542, 2717, 3563, 5024

5190

INDEX

HB 135-- Commercial feeds; definitions; change certain provisions............................................................................................. 170, 190
HB 136-- Public policy; insurance contracts; indemnification; provisions............................................................................ 171, 190, 336, 543, 550, 2717, 3685, 5022
HB 137-- Low-income microentrepreneurs; grant program; establish ............................................................................................... 171, 190
HB 138-- Construction contracts; required insurance coverage; provisions............................................................................................. 171, 190
HB 139-- Estates and wills; descent and distribution; provisions .............. 172, 190, 571, 679, 2715
HB 140-- Sales and use tax; joint county and municipal; change certain procedures ........................................................................ 172, 190, 906
HB 141-- Sales and use tax; textbooks; provide exemption ........................ 172, 190, 906
HB 142-- Nongame species; taking of; add......................................................... 173, 190
HB 143-- Firearms; certain employers; locked vehicles; provisions............................................................................................. 173, 190
HB 144-- Motor vehicles; used; sale or advertising; change certain exceptions ....................................................................... 173, 190, 571, 871, 2717, 3650
HB 145-- Certificate of insurance; intent to defraud; provisions ........................ 174, 190
HB 146-- Teachers Retirement System; service retirement; 29 years; provide....................................................................................... 182, 198
HB 147-- Woman's Ultrasound Right to Know Act; enact ........................ 182, 198, 791, 930, 2014, 2589,
3421, 3587, 3693, 4056, 4856, 5012 HB 148-- Sales and use tax; gas, oil, and coal; aquariums; provide exemption.................................................................................... 182, 198, 662, 836, 3360, 3749, 3783, 4061, 4168,
4953, 5008 HB 149-- Law enforcement officers; stop motorists; race or
ethnicity; prohibit................................................................................. 183, 198 HB 150-- Employees' Retirement System; State Patrol; certain
members; age of retirement ................................................................. 183, 198 HB 151-- Hospital authorities; vacancies; General Assembly;
change by local act...................................................................... 183, 198, 320, 466
HB 152-- HOPE scholarships; home study course; provisions .................. 184, 198, 638, 671, 902, 1476

INDEX

5191

HB 153-- Juvenile courts; hearings; change certain provisions; Division of Family and Children Services; provide certain requirements.................................................................... 184, 198, 458, 545, 2014, 2609
HB 154-- Intellectual Diversity in Higher Education Act; enact......................... 184, 198
HB 155-- Human Resources, Department of; personal care home owners; criminal history; permit................................................. 185, 198, 336, 586, 2665, 3321
HB 156-- Human Resources, Department of; child support collections fees; authorize........................................................... 185, 198, 677, 1460
HB 157-- Retirement; full-time teacher; full-time employment and benefits; provide............................................................................ 185, 198
HB 158-- Parent and child; legitimation; clarify methods; change provisions..................................................................................... 185, 198, 903
HB 159-- Wine; state license requirements; direct shipment to Georgia residents; provisions .............................................................. 186, 198
HB 160-- Republic of Sudan; certain transactions and bids by state agencies; prohibit......................................................................... 186, 198
HB 161-- Right of way acquisition; additional method; definitions; provisions.......................................................................... 187, 198
HB 162-- Sales and use tax; performing arts centers and amphitheater facilities; nonprofit volunteer health clinics; provide exemption ......................................................... 187, 198, 572, 688, 3422, 3560, 3752, 3826, 4028, 4872, 5008
HB 163-- Deferred Presentment Services Act; enact; repeal "payday lending" prohibition...................................................... 187, 198, 657, 1324, 1429, 1431
HB 164-- Sales and use tax; churches; broaden exemption................................. 188, 198
HB 165-- Dealers' sales and use tax returns; estimated tax liability; change provisions.................................................................. 188, 198
HB 166-- Sales and use tax; qualified government grantee; provide exemption ............................................................................... 188, 198
HB 167-- Bail; professional bonding companies; change provisions..................................................................................... 189, 198, 904
HB 168-- Associate juvenile court judges; appointment; change qualifications............................................................................... 189, 198, 321, 543, 3423, 3663, 5025

5192

INDEX

HB 169-- Sales and use tax; certain prepared food and beverage donations; provide exemption..................................................... 189, 198, 906, 1535, 3425
HB 170-- Employees' Retirement System; temporary full-time employees; service; provisions ............................................................ 193, 207
HB 171-- Motor vehicles; scrap metal or parts; certificates of title; provisions.................................................................................... 194, 207, 336, 402, 2663
HB 172-- Georgia Securities Act of 1973; change certain definitions ............................................................................................ 194, 207
HB 173-- Sales and use tax; local option; transportation; special districts; provide .................................................................................. 194, 207
HB 174-- Drivers' licenses; instruction permit and Class D; mobile phones; prohibit use......................................................... 195, 207, 661
HB 175-- Cost-of-Living Tax Fairness Act; enact .............................................. 195, 207
HB 176-- State income tax; corporations; provide gradual reduction; abolish January 1, 2010 ...................................................... 195, 207
HB 177-- Historic sites; initial investigation; state archeologist; notice; require ............................................................................. 196, 207, 615, 1346, 3775
HB 178-- Dealers' sales and use tax returns; estimated tax liability; change provisions.................................................................. 196, 207
HB 179-- Walton Judicial Circuit; create .................................................... 196, 207, 660
HB 180-- Prescription drugs; sold by certain Georgia companies; access restrictions; prohibit.................................................................. 196, 207
HB 181-- Public safety and judicial facilities authorities; bond indebtedness; provide limitations ............................................... 197, 207, 658, 671, 901, 1348, 3688, 4119, 5023
HB 182-- Property tax digest; positive tax allocation increments; prohibit use ................................................................................. 197, 207, 662, 762, 3426
HB 183-- Motor vehicles; certificates of title; definitions; change certain provisions........................................................................ 204, 224, 661, 852, 3426
HB 184-- Used Motor Vehicle Dealers' and Used Motor Vehicle Parts Dealers' Registration Act; change definition .............................. 205, 224
HB 185-- Death penalty; jury findings; aggravating circumstance; change provisions ....................................................................... 205, 224, 904, 1253

INDEX

5193

HB 186-- Sales and use tax; certain alternative fuel facilities; temporary exemption .................................................................. 205, 224, 662, 1021, 2717, 3603, 3753, 3919, 4032, 4863, 5008
HB 187-- Sales tax; educational purposes; authorize certain expenditures ......................................................................................... 206, 224
HB 188-- Jury duty; primary caregiver of certain persons; provide exemption..................................................................................... 206, 224, 903
HB 189-- Sales and use tax exemption; certain properties; change provisions..................................................................................... 206, 224, 906
HB 190-- State Court of Mitchell County; full-time judge; provide .......... 217, 251, 268, 270, 576
HB 191-- Colquitt County Board of Education; nonpartisan elections; provide........................................................................ 217, 251, 659, 844, 2008
HB 192-- Transportation, Department of; contracts; provisions ................ 217, 251, 322, 434, 501, 582, 1930
HB 193-- Sales and use tax; jet fuel; provide partial exemption ................ 218, 251, 662, 838, 3417, 3616
HB 194-- Income tax credit; employers; retraining programs; change certain provisions..................................................................... 218, 251
HB 195-- Georgia taxable net income; excludable retirement income amount; amend................................................................ 218, 251, 906
HB 196-- Consumer reporting agencies; identical report to consumer and creditor; require ............................................................ 219, 251
HB 197-- Imprisonment sentence reviews; more than 12 years; three-judge panel; repeal............................................................. 219, 251, 904, 1468, 3419, 3676
HB 198-- Income tax credit; certain businesses; biotechnology; provide ................................................................................................. 219, 251
HB 199-- Georgia Scholarships for Students with Disabilities Act; enact ..................................................................................................... 220, 251
HB 200-- Safety belts; required use; eliminate certain exceptions...................... 220, 251
HB 201-- Ad valorem tax; certifications; millage rate; change certain provisions................................................................................. 220, 251
HB 202-- Transportation, Department of; contractors; eligibility; provisions.................................................................................... 221, 251, 600, 675, 2008
HB 203-- Human Resources, Department of; task force on chronic kidney disease; establish................................................. 221, 251, 658
HB 204-- Income tax; rate computation; certain tax tables; change.................... 221, 251
HB 205-- Election day; registration; provisions .................................................. 222, 251

5194

INDEX

HB 206-- Probate and Magistrate Courts of Clinch County; same judge; January 1, 2009; provide.................................................. 222, 251, 268, 271, 461
HB 207-- Municipal government; administration; certain fees; provide exemption ............................................................................... 222, 251
HB 208-- School councils; parent members; majority; provide ................. 222, 251, 637, 880, 2718, 3589,
3753, 4061, 4168, 4970, 5009
HB 209-- Employees' Retirement System; narcotics agents; purchase prior service .......................................................................... 223, 251
HB 210-- Certificate of Need; revise provisions ................................................. 239, 268
HB 211-- Tift County; Redevelopment Powers Law; authorize ................ 239, 268, 286, 289, 516
HB 212-- Tifton, City of; Redevelopment Powers Law; authorize............ 239, 268, 286, 289, 516
HB 213-- Deferred compensation plans; state employees; special pay plan; repeal........................................................................... 240, 268, 286, 383, 1811
HB 214-- Jekyll Island - State Park Authority; amend provisions; Overview Committee; create ...................................................... 240, 268, 976, 1267, 3757, 3865, 4032, 4060, 4169, 4875, 5009
HB 215-- State Court of Athens-Clarke County; office of the clerk; revise provisions ............................................................... 240, 268, 286, 288, 350, 351, 1762
HB 216-- HOPE and other scholarships; state-wide standard for honors courses; provide ....................................................................... 240, 268
HB 217-- County boards of health; soil reports; modify standards............. 241, 268, 615
HB 218-- Georgia Ports Authority; employees; power of arrest; peace officers; require................................................................. 241, 268, 426, 746, 776, 1008, 1930
HB 219-- Sales and use tax; motor fuels; prepayments; World Congress Center; Jekyll Island; Ports Authority; provisions.................................................................................... 241, 268, 662, 950, 3419, 3546, 3753, 3824, 4029, 4093, 5009
HB 220-- Georgia Criminal Justice Improvement Council; repeal Chapter 8..................................................................................... 242, 268, 336, 385, 2008

INDEX

5195

HB 221-- Professional malpractice charges; affidavit; change certain provisions........................................................................ 242, 268, 571, 683, 3426
HB 222-- County tax commissioners; purchasing certain property; prohibit........................................................................................ 242, 268, 906, 1695, 3426
HB 223-- Carroll County; sales tax; educational purposes distribution; provide method....................................................... 242, 268, 286, 289, 619, 3426
HB 224-- State Licensing Board for Residential and General Contractors; change certain provisions....................................... 243, 268, 571, 728, 1931
HB 225-- Georgia Higher Education Savings Plan; certain college savings plans; change certain provisions.................................... 243, 268, 662, 765, 2718, 3554, 3753, 3825, 4029, 4102, 5010
HB 226-- Obscenity crimes; distribution of obscene materials; insert new provisions .................................................................. 243, 268, 904, 1673, 1678
HB 227-- Consumer Choice for Television Act; enact............................... 244, 268, 613, 1300, 1934, 2591
HB 228-- HOPE scholarships; remove hourly caps ............................................ 244, 268
HB 229-- Education lottery; conditions; provisions ................................... 245, 268, 775, 1017, 3757, 3969
HB 230-- Tax deficiencies; penalties, fees, and costs; reenact certain provisions................................................................................. 245, 268
HB 231-- Public roads; lack of removal of vehicles; liable for gross negligence.......................................................................... 245, 268, 322, 464, 2009
HB 232-- Georgia Development Impact Fee Act; change definitions; provisions................................................................. 246, 268, 658, 1684, 3426
HB 233-- Long-term Care Facility Resident Abuse Reporting Act; change definition......................................................................... 246, 268, 511, 581, 2720, 3588, 3755, 3856, 4029, 4932, 5010
HB 234-- Greene County; board of elections and registration; create ........................................................................................... 246, 268, 286, 290, 1865
HB 235-- Incapacitated persons; medical treatment; decisionmaking panel; provide ................................................................. 247, 268, 903

5196

INDEX

HB 236-- PeachCare for Kids Program; state appropriations; provide ................................................................................................. 247, 268
HB 237-- Sales and use tax; water pollution eliminating machinery exemptions; change certain provisions ...................... 247, 268, 906
HB 238-- Malt beverages; regulations; carbon dioxide filters; provide requirements ........................................................................... 248, 268
HB 239-- Board of Natural Resources; rules; game and fish criminal violations; change certain provisions ........................... 248, 268, 425, 544
HB 240-- Retail Installment and Home Solicitation Sales Act; increase delinquency charges...................................................... 248, 268, 425, 631, 3427
HB 241-- Opticians; licensure; practical training; specify certain requirements................................................................................. 248, 268, 991
HB 242-- Insurance; certain high deductible health plans; provide exemption.................................................................................... 249, 268, 906, 1531, 3427
HB 243-- HOPE scholarships; eligible postsecondary institution; revise definition .......................................................................... 249, 268, 638, 877, 2718
HB 244-- Death investigations; certain notification requirements; provide ................................................................................................. 249, 268
HB 245-- Georgia State Prison warden; passenger motor vehicle; repeal certain provisions ............................................................. 261, 285, 336, 383, 669
HB 246-- HOPE scholarships; HOPE Literacy Scholar Program; create .................................................................................................... 262, 285
HB 247-- Local government; water and sewer systems; change certain provisions........................................................................ 262, 286, 658, 846, 1933, 2692, 4033
HB 248-- Sales and use tax; certain fuels; dairy production; provide exemption ............................................................................... 262, 286
HB 249-- State health provisions; new acute cancer treatment hospitals; provide exemption ....................................................... 263, 286, 974
HB 250-- Local boards of education; reports of criminal offenses; revise certain provisions ...................................................................... 263, 286
HB 251-- Prosecuting attorneys; standards and duties; subject to discipline and sanctions ....................................................................... 263, 286
HB 252-- Special license plates; autism; provide ................................................ 264, 286
HB 253-- Food standards; redefine food sales establishment; provide certain exemptions.................................................................. 264, 286

INDEX

5197

HB 254-- Limited driving permits; certain offenders; allow issuance....................................................................................... 264, 286, 661, 1693
HB 255-- Public retirement systems; public employment related crime; expand definition .............................................................. 264, 286, 904
HB 256-- Republic of Sudan; public retirement systems; investing funds; prohibit...................................................................................... 265, 285
HB 257-- Firearms; public gatherings; allow constables to carry weapons ....................................................................................... 265, 285, 904
HB 258-- Community Affairs, Department of; planning procedures; public hearings; provide................................................... 265, 286
HB 259-- Certain nonprofit organizations; certain noncash prizes; allow give away ........................................................................... 265, 286, 660
HB 260-- Revenue bonds; certain authorities obtain approval; require .................................................................................................. 266, 286
HB 261-- Property owners' associations; covenants running with land; changes to limitations on amendments ....................................... 266, 286
HB 262-- Flexibility for Excellence in Education Act; enact.............................. 266, 286
HB 263-- Certificate of Need; repeal................................................................... 267, 286
HB 264-- Homestead option sales and use tax; disbursing proceeds; change manner and method........................................ 279, 320, 662, 829, 906, 1658, 3427
HB 265-- Local government; county surveyors; repeal provisions of law ........................................................................................... 280, 320, 658
HB 266-- Camden County; Redevelopment Powers Law; authorize...................................................................................... 280, 320, 350, 354, 723
HB 267-- St. Marys, City of; Redevelopment Powers Law; authorize............................................................................................... 280, 320
HB 268-- Georgia Rail Passenger Authority; certain article; repeal ................... 280, 320
HB 269-- Commuter rail project; approve funding; provide referendum ........................................................................................... 281, 320
HB 270-- Juvenile proceedings; appointment of guardian ad litem; change provisions ............................................................. 281, 320, 614, 857, 2014, 2617
HB 271-- Ad valorem tax; watercrafts held in inventory for resale; exempt ...................................................................................... 281, 320
HB 272-- Sales and use tax; natural or artificial gas sales; provide phased-in exemption .................................................................... 282, 320, 906
HB 273-- Oconee County; Board of Commissioners; member terms; provide ............................................................................. 282, 320, 350, 354, 1933, 2630

5198

INDEX

HB 274-- Notaries; qualifications; application; change certain provisions.................................................................................... 282, 320, 677, 770, 1869, 1974
HB 275-- Municipality incorporation; General Assembly local Acts; provide additional requirements................................................. 282, 320
HB 276-- Biometric Information Protection Act; enact ...................................... 283, 320
HB 277-- Special license plates; Georgia Junior Golf Foundation; provide ................................................................................................. 283, 320
HB 278-- Funeral service contracts; plat marked with location of grave space; provide ............................................................................ 283, 320
HB 279-- Katie Beckett waiver program; eligibility; certain children; require certain procedures ........................................... 284, 320, 637, 1626
HB 280-- Controlled substances; sale of marijuana flavored products to minors; ban............................................................... 284, 320, 657, 1014
HB 281-- Controlled substances; child care learning centers; create drug-free zone ........................................................................... 284, 320
HB 282-- Sales and use tax; repair of certain aircrafts; sale of parts; provide exemption ............................................................ 284, 320, 906, 1533, 2016, 3321, 3421
HB 283-- Public records inspection; certain requests may be required in writing; provide ......................................................... 311, 349, 903
HB 284-- Vital records; redact social security numbers; provide ....................... 312, 349
HB 285-- Controlled substances; prescriptions; require positive proof of identity ................................................................................... 312, 349
HB 286-- Controlled substances; Schedule II and V; change certain provisions........................................................................ 312, 349, 614, 671, 791, 943, 3775
HB 287-- Controlled substances; immunity for pain management treatment; provide ........................................................................ 312, 349, 904
HB 288-- Public utilities and transportation; certain utilities; return consumer deposits ............................................................. 313, 349, 775
HB 289-- Ad valorem tax; public utilities; railroad car repairs; provide exemption ....................................................................... 313, 349, 906
HB 290-- Fire escapes; buildings over 15 feet high; provide certain safety requirements .................................................................. 313, 349
HB 291-- Georgia Council for the Arts; Georgia Arts Alliance; create ........................................................................................... 314, 349, 900, 1557

INDEX

5199

HB 292-- Civil practice process; gated and secured communities; provide for service ....................................................................... 314, 349, 660
HB 293-- Gas Unification and Tax Simplification Act of 2007; enact ..................................................................................................... 314, 349
HB 294-- Sales and use tax; nonprofit volunteer health clinics; provide exemption ....................................................................... 315, 349, 906
HB 295-- Cordele Judicial Circuit; superior court judgeship; create .................................................................................................... 315, 349
HB 296-- Special elections; held on certain dates; provide................................. 315, 349
HB 297-- Recreational vehicle dealers; conventions; provide certain exemptions ....................................................................... 316, 349, 744
HB 298-- Homestead exemption; certain surviving spouses; provide definition................................................................................. 316, 349
HB 299-- Funeral Service State Board; funeral businesses; mandatory hours; prohibit.................................................................... 316, 349
HB 300-- Georgia Smokefree Air Act of 2005; performers in live theater; provide exemption .................................................................. 316, 349
HB 301-- Dogfighting; prohibit; punishments; amend provisions .............. 317, 349, 904
HB 302-- Excise tax; public accommodation furnishings; change certain provisions................................................................................. 317, 349
HB 303-- Family reunification; duration of certain court orders; provide more time........................................................................ 317, 349, 903
HB 304-- Sales and use tax; physician prescribed medical equipment; provide exemption ............................................................ 318, 349
HB 305-- Municipalities; acquisition and disposition of property; provisions............................................................................................. 318, 349
HB 306-- Municipal corporations; annexations of territory; provisions..................................................................................... 318, 349, 903
HB 307-- Income tax credit; personal mass transportation expenses; provide................................................................................. 318, 349
HB 308-- Eyewitness Identification Accuracy Enhancement Act; enact ..................................................................................................... 319, 349
HB 309-- Employees' Retirement System; appellate court judges; benefits at 60; provide.......................................................................... 319, 349
HB 310-- Death investigations; certain notification requirements; provide ................................................................................................. 339, 378
HB 311-- Georgia HERO Scholarship; qualifying term of service; change definition......................................................................... 340, 378, 656, 758, 3758
HB 312-- Braselton, Town of; Redevelopment Powers Law; authorize...................................................................................... 340, 378, 716, 717, 1865

5200

INDEX

HB 313-- Board and Department of Corrections; commissioner to issue warrants; authorize............................................................. 340, 378, 600, 884, 2718, 3937
HB 314-- Persons convicted of certain sex offenses; probation; DNA analysis; provide................................................................ 340, 378, 904, 1564, 3694, 3857, 5025
HB 315-- Town of Braselton Community Improvement District Act; enact .................................................................................... 341, 378, 716, 718, 1866
HB 316-- Public Service Commission; towing of certain vehicles; provide ........................................................................................ 341, 378, 614, 736, 1931
HB 317-- Public transportation; motor contract carrier; change definition..................................................................................... 341, 378, 572, 737, 1812
HB 318-- Public Retirement Systems Investment Authority Law; change certain provisions............................................................ 342, 378, 500, 592, 621, 1275, 3775
HB 319-- District attorneys; increase annual salaries................................. 342, 378, 571, 625
HB 320-- Columbus, City of; Redevelopment Powers Law; authorize...................................................................................... 342, 378, 392, 393, 723
HB 321-- Bona fide conservation use property; assessment; change certain eligibility requirements....................................... 343, 378, 662, 966, 3776
HB 322-- Ad valorem tax; certain business aircrafts; provide exemption............................................................................................. 343, 378
HB 323-- Peace Officers' Annuity and Benefit Fund; Georgia Drugs and Narcotics Agency; include for membership....................... 343, 378
HB 324-- The Children's Health Insurance Act; enact ........................................ 343, 378
HB 325-- Waycross and Ware County Industrial Development Authority; revenue bonds issuance; change certain provisions.................................................................................... 344, 378, 510, 512, 2719, 3690
HB 326-- Sheriffs; candidates; certified peace officers; require ......................... 344, 378
HB 327-- Setoff debt collection; public housing authorities; authorize...................................................................................... 344, 378, 906, 1666, 2715
HB 328-- Ad valorem tax; finished goods; provide freeport exemption..................................................................................... 345, 378, 906

INDEX

5201

HB 329-- Sales and use tax; packaging farm products; certain items; provide exemption ............................................................ 345, 378, 906
HB 330-- Georgia State Board of Pharmacy; registry of pharmacy technicians; establish .................................................................. 345, 378, 571, 735, 1933, 2018, 3489, 3751, 3756, 4945, 5010
HB 331-- Stockbridge, City of; election of mayor and councilmembers; provide............................................................ 345, 378, 392, 393
HB 332-- Quality Basic Education Act; certain maximum class size requirements; delay implementation ................................... 346, 378, 637, 1670
HB 333-- Weapons; crime or delinquent act; provisions..................................... 346, 378
HB 334-- Associate juvenile court judges; hearing in certain cases; change provisions...................................................................... 346, 378
HB 335-- Refundable income tax credits; low-income residents; provisions............................................................................................. 347, 378
HB 336-- Driving under the influence; mandatory sentences; increase ........................................................................................ 347, 378, 975
HB 337-- New institutional health service; revise definition ..................... 347, 378, 974, 1733
HB 338-- Sheriff's services; increase fees for service in civil cases.................... 347, 378
HB 339-- Tax executions; tax collectors and commissioners; collection of costs; provide.................................................................. 348, 378
HB 340-- PeachCare; threshold income amount for eligibility; revise ........................................................................................... 348, 378, 975, 1473, 3423, 3609, 3754
HB 341-- St. Marys, City of; Redevelopment Powers Law; authorize...................................................................................... 365, 391, 426, 427, 724
HB 342-- Insurance; anatomic pathology services; provide direct billing ................................................................................................... 366, 391
HB 343-- Psychiatric Advance Directive Act; enact ........................................... 366, 391
HB 344-- Circuit public defenders; certain retirement systems; membership; provisions....................................................................... 366, 391
HB 345-- Miller County; board of education members; change selection method ......................................................................... 367, 391, 426, 427, 1763
HB 346-- Joint authorities; members; successor nominations; provisions............................................................................................. 367, 391

5202

INDEX

HB 347-- Educational programs; pilot project grants; encourage lengthening school year ....................................................................... 367, 391
HB 348-- Georgia Judicial Retirement System; superior court judges secretaries; provide membership.............................................. 368, 391
HB 349-- Colquitt County; State Court judge; practice of law; prohibit........................................................................................ 368, 391, 426, 428, 2009
HB 350-- PeachCare Restoration Act; enact ....................................................... 368, 391
HB 351-- Georgia Council for the Arts; Georgia Arts Trust; create; provide tax credit.............................................................. 368, 391, 906
HB 352-- Newborn screening program; assessment; revise certain provisions............................................................................................. 369, 391
HB 353-- Revenue and taxation; unclaimed property; provisions ............. 369, 391, 662, 840
HB 354-- Local government; homeowner tax relief grant notification; provisions ............................................................... 369, 391, 662, 753, 3694, 3830, 4032, 4059, 4169, 4903
HB 355-- Warrant searches; video conference issuance; change provisions............................................................................................. 370, 391
HB 356-- Motorcycles; certain traffic regulations; provide ................................ 370, 391
HB 357-- Revenue and taxation; define certain terms; provisions............. 370, 391, 572, 677, 2666, 2793, 3420
HB 358-- Sheriffs' Retirement Fund; death benefits; increase amount ................................................................................................. 371, 391
HB 359-- Georgia Home School Opportunity and Enrichment Act; enact ............................................................................................. 371, 391
HB 360-- Employees' Retirement System; transfer of creditable service; provisions ............................................................................... 371, 391
HB 361-- Income tax; certain state income tax credits; change certain provisions......................................................................... 372, 391, 906
HB 362-- Garden City, City of; mayor and city council; council president election; provide.......................................................... 372, 391, 426, 428, 3947, 3999
HB 363-- HOPE grants; eligibility requirements; Georgia Military College students; provide ........................................................... 372, 391, 656, 1025, 3776
HB 364-- Conyers, City of; Redevelopment Powers Law; authorize...................................................................................... 373, 391, 426, 428, 1812

INDEX

5203

HB 365-- Certain communication confidentiality; state legislator and constituent; provide....................................................................... 373, 391
HB 366-- Guide or service dog; certain persons; equal public accommodations; provide........................................................... 373, 391, 637, 964, 1898, 1968, 2043, 2696, 3490, 4942, 5010
HB 367-- Generic drugs; health insurance coverage; provisions ........................ 373, 391
HB 368-- Public Safety, Department of; sell and purchase of motor vehicles; allow commissioner .......................................... 374, 391, 570, 690
HB 369-- Domestic relations; child custody proceedings; provisions.................................................................................... 374, 391, 677, 1502, 3758, 3898, 5023
HB 370-- Elbert County; office of magistrate judge; nonpartisan elections; provide................................................................................. 375, 391
HB 371-- Flowery Branch, City of; Redevelopment Powers Law; authorize...................................................................................... 375, 391, 426, 429, 826
HB 372-- Teachers Retirement System; creditable service; provisions............................................................................................. 375, 391
HB 373-- Public Safety, Department of; State Patrol; retirement benefits; amend .................................................................................... 375, 391
HB 374-- Hotel motel tax; definitions; change certain provisions ............. 376, 391, 662, 861, 3424, 3562, 4034
HB 375-- Education; pages of General Assembly; provisions ................... 376, 391, 637, 743, 3428
HB 376-- Certificate of need requirements; new institutional health service; revise definition ........................................................... 376, 391
HB 377-- Mutual Holding Company Act; enact.................................................. 389, 424
HB 378-- Medical Malpractice Insurance Reform Act; enact ............................. 390, 424
HB 379-- Employees' Retirement System; Defined Contribution Plan; provisions.................................................................................... 390, 424
HB 380-- Tax collectors and commissioners; bill or notice mailing; change certain provisions ............................................. 391, 424, 906, 1539, 3695, 3920
HB 381-- Elections; nonpartisan; sheriffs, district attorneys, and solicitor generals; provide.................................................................... 415, 458
HB 382-- Cobb County; Board of Education elections; school attendance zones; repeal required procedures ..................................... 415, 458

5204

INDEX

HB 383-- Georgia Condominium Act; define terms; provisions................ 416, 458, 903, 1454, 3428
HB 384-- Public school employees; disciplinary meetings; representation; provisions............................................................ 416, 458, 901
HB 385-- State and Local Tax Revision Act of 2007; enact ....................... 416, 458, 906
HB 386-- Superior court fees; real estate or personal property filings; change sunset dates; instrument recordings; provide additional fees................................................................ 416, 458, 660, 766, 1869, 2621
HB 387-- Georgia Day; observe February 12; annually...................................... 417, 458
HB 388-- Jeff Davis County; create board of elections; provisions ........... 417, 458, 510, 512, 1763
HB 389-- Public transportation; limousine carrier; change definition; provisions .................................................................. 418, 458, 775, 1011, 3424, 3657
HB 390-- Board of Community Health; health insurance for certain persons; authorize ............................................................ 418, 458, 744
HB 391-- Cemeterians State Board; members qualifications; change certain provisions............................................................ 418, 458, 905, 1568, 3695, 3983
HB 392-- Special license plates; The Garden Club of Georgia, Inc.; provide ......................................................................................... 419, 458
HB 393-- Farm wineries; licensing; change certain provisions................... 419, 458, 571
HB 394-- Emergency 9-1-1 system; change provisions; Wireless Communications Security Act; enact ......................................... 419, 458, 904, 1633, 4056, 4134
HB 395-- First offenders probation; status; clarify...................................... 420, 458, 904
HB 396-- Community Health, Department of; PeachCare; eligibility verification services; require ....................................... 420, 458, 744
HB 397-- Psychologists; administer and prescribe drugs; provisions............................................................................................. 420, 458
HB 398-- Pawnbrokers; title pawn transactions; provisions ............................... 421, 458
HB 399-- Natural Resources, Department of; qualified soil scientists; reports; provide ................................................................... 421, 458
HB 400-- Student Scholarship Organization and Education Improvement Organization Board; provide......................................... 422, 458
HB 401-- Funeral directors and embalmers; licenses; reciprocity; provisions..................................................................................... 422, 458, 905
HB 402-- Palmetto, City of; ad valorem taxes; certain residents; provide homestead exemption .................................................... 422, 458, 510, 513

INDEX

5205

HB 403-- Cherokee County Parks and Recreation Authority; repeal Act .................................................................................... 422, 458, 510, 513, 1763
HB 404-- Certain health plans; state and local insurance premium taxes; provide additional exemptions .................................................. 423, 458
HB 405-- Income tax credit; qualified low-income buildings; change certain provisions..................................................................... 423, 458
HB 406-- Cordele, City of; Crisp County Board of Education; change compensation.................................................................. 441, 509, 536, 538, 1866
HB 407-- Sales and use tax; certain fuels; dairy production; provide exemption ....................................................................... 442, 509, 906
HB 408-- Captive insurance companies; Georgia Insurers Insolvency Pool; provisions........................................................ 442, 509, 570, 1019, 5000
HB 409-- Darien, City of; annexation of certain property; provide ........... 442, 509, 536, 538, 1812
HB 410-- Municipal Option Sales Tax Act; enact...................................... 442, 509, 662, 862
HB 411-- Brunswick, City of; commission candidate nominations; change certain provisions...................................... 443, 509, 536, 538, 1763
HB 412-- Elections; composition and number of congressional districts; provisions .............................................................................. 443, 510
HB 413-- Sales and use tax; nature center or performing arts amphitheater facility; provide exemption................................... 443, 510, 906, 1697, 2719, 3632, 3948
HB 414-- DUI Alcohol or Drug Use Risk Reduction Program; direct offender to complete .......................................................... 444, 510, 904
HB 415-- Drivers' licenses; temporary licenses; provisions........................ 444, 510, 904
HB 416-- Driver improvement programs; curriculum; fees; provisions............................................................................................. 444, 510
HB 417-- Motor vehicles; moving violation; add fine......................................... 445, 510
HB 418-- Wild animal licenses; water buffalo; add exemption .................. 445, 510, 658
HB 419-- Drivers' licenses; suspensions; definitions; commercial licenses issuance; provisions .................................................... 445, 510, 1013, 1677, 3695, 3871, 5023
HB 420-- Georgia Industrial Loan Act of 2007; enact ........................................ 445, 510
HB 421-- Ad valorem tax; bona fide conservation use property; change certain provisions..................................................................... 446, 510

5206

INDEX

HB 422-- Specialized land transactions; minimum amount for liens; provide................................................................................ 446, 510, 903
HB 423-- Community Health, Department of; certain members; mental health coverage; require........................................................... 446, 510
HB 424-- Workers' compensation; farm laborer; provide definition; claim filings; benefits; provisions ............................. 447, 510, 613, 841, 1013, 2719, 3618, 5024
HB 425-- Hospital Litigation Protection Act; enact ............................................ 447, 510
HB 426-- Railroad grade crossings; active warning devices; define; provisions......................................................................... 447, 510, 777
HB 427-- Nonprofit hospitals; certain records inspection; provide..................... 448, 510
HB 428-- Municipal government; certain franchise fees; additional requirements........................................................................ 448, 510
HB 429-- Georgia HIV Pregnancy Screening Act of 2007; enact.............. 448, 510, 637, 962, 3424, 3980
HB 430-- Property; railroads; provisions.................................................... 448, 510, 903, 1463, 3423, 3658
HB 431-- Education; mandatory kindergarten; provide ...................................... 449, 510
HB 432-- Education; required state-wide assessments; languages other than English; provide.................................................................. 449, 510
HB 433-- Meat and dairy processing plants; licenses; change certain provisions........................................................................ 449, 510, 656, 947, 5000
HB 434-- Regional sales and use tax; transportation; provisions........................ 450, 510
HB 435-- Income tax credit; certain qualified business investments; provide ............................................................................ 450, 510
HB 436-- Sales and use tax; personal property; certain nonprofit organizations; provide exemption................................................ 451, 509, 906
HB 437-- Income tax credits; certain qualified low-income community investments; provide......................................................... 451, 509
HB 438-- Income tax credits; business property; renewable energy property; provide...................................................................... 452, 509
HB 439-- Income tax credit; film, video, or digital productions; increase amount ........................................................................... 453, 509, 906
HB 440-- Income tax credits; certain businesses; definitions; provisions............................................................................................. 453, 509
HB 441-- Income tax; federal obligations; taxable income; revise provisions.................................................................................... 453, 509, 906, 1537, 2009
HB 442-- Sales and use tax; transportation; state-wide 1 percent tax; provide .......................................................................................... 453, 510

INDEX

5207

HB 443-- Employment security; employment; change definition; provisions.................................................................................... 454, 510, 613, 739, 2666, 2798
HB 444-- Insurance companies; tax credits; venture capital schemes; provisions ............................................................................. 454, 510
HB 445-- Ad valorem tax; certain charitable institutions; clarify exemption.................................................................................... 454, 510, 906, 1699, 3423, 3558, 3754, 3824, 4030, 4091, 5011
HB 446-- Sales and use tax; bad debt deductions; accrual basis; change provisions ................................................................................ 455, 510
HB 447-- Taxation; real estate investment trusts; dividends; clarify state conformity........................................................................ 455, 510
HB 448-- Retirement; term life insurance; certain eligible persons; establish two funds ....................................................... 455, 510, 600, 830, 4040, 4128
HB 449-- Retirement system; board of trustees; authority to increase benefits; terminate ................................................................. 456, 510
HB 450-- Sales and use tax; maintenance contracting; provisions...................... 456, 510
HB 451-- Georgia Tourism Development Act; enact ................................. 456, 510, 906, 1704, 2719, 3567, 3754, 3826, 4031, 4885, 5011
HB 452-- Teachers Retirement System; increase retirement allowance multiplier; provisions.......................................................... 457, 510
HB 453-- Farm owners; agritourism activities; provide limited liability ......................................................................................... 457, 510, 906
HB 454-- Prescription drugs; approximate retail price; define; provisions............................................................................................. 457, 510
HB 455-- Georgia Prescription Monitoring Program Act; enact......................... 503, 536
HB 456-- Community Health, Department of; county health departments; provisions ....................................................................... 504, 536
HB 457-- Revenue, Department of; special license plates; process all applications; provisions ......................................................... 504, 536, 661, 957, 3776
HB 458-- Universities; board of regents; teacher education program; require .......................................................................... 504, 536, 776
HB 459-- Rockdale Judicial Circuit; judges; compensation supplement; change amount ....................................................... 505, 536, 903, 907, 1812
HB 460-- Georgia Public Service Commission; certain violations; increase fines........................................................................................ 505, 536

5208

INDEX

HB 461-- Human Resources, Department of; certain mental health facilities; privatization; require............................................................ 505, 536
HB 462-- Malt beverages; brewery tours; free tasting; food; change provisions ................................................................................ 506, 536
HB 463-- Environmental Protection Division; certification revocation; relative to soil erosion and sedimentation control; change provisions.......................................................... 506, 536, 904, 1710, 3695, 3846, 4033, 4059, 4169, 4893, 5011
HB 464-- War of 1812 Bicentennial Commission Act; enact ............................. 506, 536
HB 465-- Atlanta, City of; district board member appointment; change provision ......................................................................... 507, 536, 571, 574, 1866
HB 466-- Game and fish; certain deer management programs; permits; provide ................................................................................... 507, 536
HB 467-- University system; international baccalaureate diploma program; provide course credit ................................................... 507, 536, 776, 1571, 3785, 3977
HB 468-- Alcoholic beverages; local authorization; Sunday sales; provisions............................................................................................. 508, 536
HB 469-- Public Charter Schools Act; enact ....................................................... 508, 536
HB 470-- Georgia Lemon Law; enact.................................................................. 529, 569
HB 471-- Local government; privately constructed water systems; requiring ownership transfer; prohibit ........................................ 530, 569, 901, 1498, 3776
HB 472-- Insurance; policies; languages other than English; provide ......................................................................................... 530, 569, 744
HB 473-- Banks County; board of commissioners; change compensation .............................................................................. 531, 569, 614, 616, 1764
HB 474-- Certain universities; Georgia entities; intellectual property; requirements................................................................. 531, 569, 902
HB 475-- Flea market vendors; record keeping; certain item sales; restrict .................................................................................................. 531, 570
HB 476-- Gwinnett Judicial Circuit; tenth judge for superior courts; provide ..................................................................................... 531, 570
HB 477-- Richland, City of; new charter; reincorporate and provide ........................................................................................ 532, 570, 614, 616, 1813
HB 478-- Consumer transactions; phone card terms; disclosed at time of purchase; provide .................................................................... 532, 570

INDEX

5209

HB 479-- Abatement; county or municipal ordinances; unfit buildings; change certain provisions ................................................... 533, 570
HB 480-- Norcross, City of; manager-council government; change to ..................................................................................... 533, 569, 614, 617, 3777
HB 481-- Sales and use tax; certain tourist attraction facilities; owner refunds; provide ........................................................................ 533, 569
HB 482-- Bryan County; county surveyor; abolish office.......................... 534, 569, 614, 617, 1890
HB 483-- Lilburn, City of; Redevelopment Powers Law; authorize...................................................................................... 534, 569, 614, 617, 1764
HB 484-- HOPE scholarships; definitions; hourly caps; provisions ................... 534, 569
HB 485-- Special license plates; certain existing plates; special tag renewal fee; specify ............................................................... 534, 570, 661
HB 486-- County tax commissioners; compensation; additional duties; change certain provisions................................................ 535, 570, 906, 1701, 3695, 3933, 4057, 4060, 4170, 4900, 5011
HB 487-- Elections; primaries; voting; provisions ..................................... 535, 570, 658, 1258, 4181
HB 488-- Milner, City of; mayor and councilmembers; election; change certain provisions.......................................................... 557, 612, 1884, 1886, 5000
HB 489-- Aircraft liens; Federal Aviation Administration's Aircraft Registry; provisions ............................................................... 558, 612
HB 490-- Teachers Retirement System; certain retired members; provisions............................................................................................. 558, 612
HB 491-- Teachers Retirement System; creditable service; public schools; provisions............................................................................... 558, 612
HB 492-- Physicians; Composite State Board of Medical Examiners; provisions.................................................................. 558, 612, 901
HB 493-- Doraville, City of; ad valorem tax; certain residents; provide homestead exemption .................................................... 559, 612, 660, 664
HB 494-- Cosmetologists; definitions; wax technicians; provisions..................................................................................... 559, 612, 905
HB 495-- Georgia Government Accountability Act; establish............................ 559, 613
HB 496-- Arlington, City of; provide new charter ..................................... 560, 613, 791, 794, 1813
HB 497-- Adoption; surrender rights; provisions ....................................... 560, 613, 903, 1656, 2666, 3326

5210

INDEX

HB 498-- Motor vehicles; change definitions; drivers' licenses; provisions..................................................................................... 560, 613, 744
HB 499-- Chatham County; certain judges; change compensation............ 561, 613, 660, 664, 1867
HB 500-- Conservation; Coastal Marshlands Protection Act of 1970; change provisions ...................................................................... 561, 613
HB 501-- Hiawassee, City of; ad valorem tax; municipal purposes; provide homestead exemption.................................... 561, 613, 660, 664, 1890
HB 502-- Towns County School District; ad valorem tax; provide homestead exemption ................................................................. 562, 613, 660, 665, 1891
HB 503-- Georgia Asbestos Safety Act; contractors; revise certain provisions............................................................................................. 562, 613
HB 504-- Private detectives and security agencies; licensing process; revise...................................................................................... 562, 613
HB 505-- Social services; recovery of assistance from liable third parties; change certain provisions............................................... 563, 613, 659, 1318, 3755, 3966
HB 506-- Stone Mountain Judicial Circuit; judges; provide compensation supplement........................................................... 563, 613, 660, 665, 1813
HB 507-- Dublin Judicial Circuit; superior court judgeship; provide ................................................................................................. 563, 613
HB 508-- Rockdale County State Court; salary of the judge; change provisions ....................................................................... 564, 613, 660, 665, 1813
HB 509-- Young Harris, City of; ad valorem tax; provide homestead exemption ................................................................. 564, 613, 660, 666, 1891
HB 510-- Boating safety zones; Lake Oconee; certain vessels; change certain provisions............................................................ 564, 612, 658, 845, 3785, 3941
HB 511-- Gordon County; board of commissioners; districts; change description ...................................................................... 565, 612, 716, 718, 2009
HB 512-- Drivers' licenses; Class C; certain persons; authorize issuance................................................................................................ 565, 612
HB 513-- Eastern Judicial Circuit; salary of chief judge; provide additional supplement ................................................................. 565, 612, 660, 666, 1891
HB 514-- State Commission on Government Health Services Reform; create.............................................................................. 566, 612, 901

INDEX

5211

HB 515-- Lottery for Education Act; define certain terms; provisions..................................................................................... 566, 612, 903
HB 516-- Alcoholic beverages; flavored malt beverage; define; change certain provisions............................................................. 566, 612, 991
HB 517-- Georgia Lottery Corporation; employment applicants; criminal background data; obtain ........................................................ 567, 613
HB 518-- Motor vehicles; commercial motor vehicle; define; license plates; provisions ............................................................ 567, 613, 792, 941, 3785, 3985
HB 519-- Counties and municipal corporations; taxicabs; provisions.................................................................................... 567, 613, 901, 1572, 3777
HB 520-- Lawrenceville, City of; Redevelopment Powers Law; authorize...................................................................................... 568, 613, 660, 666
HB 521-- Employees' Retirement System; creditable service; Georgia Judicial Retirement System; provide ..................................... 568, 613
HB 522-- Public Service Commission; gas companies; interstate capacity assets; provisions ........................................................... 568, 613, 656
HB 523-- City of Johns Creek Public Buildings and Facilities Authority; create ......................................................................... 603, 655, 791, 820, 2715
HB 524-- City of Johns Creek Parks and Recreation Authority; create ........................................................................................... 604, 655, 791, 820, 2716
HB 525-- Criminal procedure; custodial statements; recording; require .................................................................................................. 604, 655
HB 526-- Family planning services; definitions; medical referral services; provisions.............................................................................. 604, 655
HB 527-- County and Municipal Probation Advisory Council; registration fees; preclude........................................................... 605, 655, 976, 1573, 3777
HB 528-- Georgia Cosmetic Laser Services Act; enact.............................. 605, 655, 905, 1594, 1719, 1720, 3422, 3666
HB 529-- General Assembly; budgetary functions; reflect changes .......... 605, 655, 657, 945, 2663
HB 530-- Alpharetta, City of; corporate limits; certain property; remove ...................................................................................... 606, 655, 1376, 1379
HB 531-- Full-time county commission chairpersons; minimum salaries; provide ................................................................................... 606, 655
HB 532-- Kenneth Lee Iverson Act; enact .......................................................... 606, 655

5212

INDEX

HB 533-- Gwinnett County Merit System Act; enact................................. 607, 655, 990,

993, 2010

HB 534-- Local boards of education; budget deficit; public notice

within three days; require .................................................................... 607, 656

HB 535-- Mental health; patient advocacy board; create ............................ 607, 656, 901

HB 536-- Vehicles and loads; fines for excess weight; provisions ............ 608, 656, 777,

1319, 2720, 3655 HB 537-- Cobb County State Court; clerk and chief deputy clerk;

change compensation.................................................................. 608, 656, 716,

718, 1867

HB 538-- Cobb County; tax collector and receiver offices; certain

employees; change compensation............................................... 608, 656, 716,

719, 1867

HB 539-- Cobb County; Board of Education; school attendance

zones; revise procedures ............................................................. 608, 656, 716,

719, 5000

HB 540-- Domestic relations; child support; provisions ............................. 609, 655, 903

HB 541-- Clean and renewable fuels; certain vehicles operated by certain government entities; require use ..................................... 609, 655, 661, 829, 1377

HB 542-- Georgia Legislative Youth Advisory Council; create ............... 609, 655, 1031

HB 543-- Effingham County Industrial Development Authority;

subject to county zoning ordinances; provide ............................ 610, 655, 716,

719, 1891

HB 544-- Multiple employer self-insured health plans; certain

institutions; provisions......................................................................... 610, 655

HB 545-- Georgia Judicial Retirement System; creditable service; superior court judges and district attorneys; provisions ...................... 640, 715
HB 546-- Air quality; coal-fired electrical generating facilities; permits; change certain provisions ...................................................... 641, 715
HB 547-- Duluth, City of; Redevelopment Powers Law; authorize........... 641, 715, 903,

HB 548-- Jekyll Island - State Park Authority; certain Island

908, 3777

development; restrict............................................................................ 641, 715

HB 549-- Children with disabilities; basic therapy services;

establish requirements................................................................. 642, 715, 975,

1295, 4040, 4158,

5024

HB 550-- Medical assistance; recovery; liable third parties;

change certain provisions............................................................. 642, 715, 902

HB 551-- State False Medicaid Claims Act; enact ..................................... 642, 715, 903,

1576, 2663

INDEX

5213

HB 552-- Snellville, City of; Redevelopment Powers Law; authorize.................................................................................... 643, 715, 1750, 1751
HB 553-- Augusta-Richmond County Commission; members; eligibility, election, and terms; provide .................................... 643, 715, 1376, 1379, 2663
HB 554-- Richmond County Civil Court; marshal; election and terms; provide ........................................................................... 643, 715, 1376, 1381, 2664
HB 555-- Clinch County; board of elections and registration; create ........................................................................................... 643, 715, 791, 821, 1892
HB 556-- Controlled substances; prescriptions; practitioner's name printed; require ........................................................................... 644, 715
HB 557-- Medical assistance; birth certificate; provisions.................................. 644, 715
HB 558-- Annexations; ad valorem tax; independent school systems; provisions .............................................................................. 644, 715
HB 559-- Health insurance; charter school teachers and employees; provisions................................................................. 645, 715, 901, 1357, 2720, 3575, 4033, 4163, 4170, 5025
HB 560-- Speed detection and traffic-control monitoring devices; change certain provisions..................................................................... 645, 715
HB 561-- Ad valorem tax; homestead exemption; disabled veterans; change provisions ................................................................. 645, 715
HB 562-- Fair lending; temporary loan; add definition ....................................... 646, 715
HB 563-- Malt beverages; tasting room; food; sales; provisions ........................ 646, 715
HB 564-- Deposit account fraud; insufficient funds; stop payment; include act ............................................................................ 646, 715
HB 565-- Soil erosion and sedimentation; control; beaver dams; add exemption...................................................................................... 647, 715
HB 566-- Revenue Bond Law; undertaking; enlarge definition.......................... 647, 715
HB 567-- Consumer transactions; rebates; mailed within certain time frame; provide.............................................................................. 647, 715
HB 568-- Health Care Competition, Transparency and Improvement Act; enact............................................................. 612, 655, 1375
HB 569-- Solid waste; permit requirements; change certain provisions............................................................................................. 648, 715
HB 570-- Career Academies Act of 2007; enact ................................................. 648, 715
HB 571-- Superior courts; 9-1-1 call; family violence; revise definition...................................................................................... 648, 715, 904

5214

INDEX

HB 572-- State of Georgia; certain employers; pay employees living wage; require; provisions .......................................................... 648, 715
HB 573-- Lyons, City of; ad valorem tax; provide homestead exemption.................................................................................... 649, 715, 791, 821, 1764
HB 574-- Vidalia, City of; ad valorem tax; school district; provide homestead exemption ................................................................. 649, 715, 791, 822, 1764
HB 575-- Santa Claus, City of; ad valorem tax; provide homestead exemption ................................................................. 650, 715, 791, 822, 1892
HB 576-- Vidalia, City of; ad valorem tax; provide homestead exemption.................................................................................... 650, 715, 791, 822, 1892
HB 577-- Affordable Energy Efficient Homes Act of 2007; enact ..................... 650, 715
HB 578-- State court proceedings; first time; death sentence; change certain provisions............................................................. 649, 715, 904
HB 579-- Landlord liens; definitions; provisions ................................................ 651, 715
HB 580-- Pierce County; Board of Education; members; salary and expenses; provide................................................................. 651, 715, 791, 823, 1893
HB 581-- Certificate of Need; extensive revision; provide ................................. 651, 715
HB 582-- Lanier County; probate judge serves as chief magistrate; January 1, 2009; provide.......................................... 652, 715, 791, 823, 1898, 2632
HB 583-- Insurance; insureds send legal action notices to their insurers; require ................................................................................... 652, 715
HB 584-- Agritourism activities; regulation; provisions ..................................... 652, 715
HB 585-- Ad valorem property tax; qualified motor vehicles; provide for the elimination .................................................................. 653, 715
HB 586-- Alternative attorneys; indigent defense costs; change certain provisions........................................................................ 655, 715, 904, 1584, 3688, 3922
HB 587-- Gas; public convenience and necessity certificates; provide for revocation................................................................. 655, 715, 974, 1629, 3422, 3607, 3755, 3830, 4031, 4866, 5012
HB 588-- Maysville, City of; provide new charter ................................... 698, 790, 1376, 1381, 1893
HB 589-- Hospitals; circulating nurses for surgical services; provide requirements ........................................................................... 699, 790

INDEX

5215

HB 590-- Traffic-control signal monitoring devices; violations; lower penalty........................................................................................ 699, 790
HB 591-- Early Care and Learning, Department of; day-care centers and others; transfer duties to ................................................... 699, 790
HB 592-- Insurance; uninsured motorist coverage; provisions ................... 700, 790, 902
HB 593-- Bona fide conservation use property; agritourism; change certain provisions..................................................................... 700, 790
HB 594-- Tax returns; counties; tax commissioner closes books on March 1; provide............................................................................. 700, 790
HB 595-- Lifetime honorary hunting and fishing licenses; certain military veterans; provide .................................................................... 700, 790
HB 596-- Water pollution control; surface water returns; regulate ..................... 701, 790
HB 597-- Medical services; physician's fees; require board approval ............................................................................................... 701, 790
HB 598-- Agriculture Commissioner; hearings; initial and final decisions; change certain provisions ........................................... 701, 790, 900
HB 599-- Juvenile proceedings; adoption; provisions................................. 702, 790, 904
HB 600-- Cobb County Probate Court; chief investigator and others; change compensation ...................................................... 702, 790, 903, 908, 1867
HB 601-- Jackson County; new commissioner districts; provisions .......... 702, 790, 903, 908, 1893
HB 602-- School board members; selling school supplies; penalty; provide exception................................................................... 702, 790
HB 603-- Education; secondary school teachers; alternative teaching certifications; provide.................................................... 703, 790, 901
HB 604-- Territory annexation; comprehensive revisions; provide .................... 703, 790
HB 605-- Public office; prohibited employment; aliens; repeal certain provisions......................................................................... 703, 775, 790
HB 606-- University System of Georgia; intellectual properties; provisions............................................................................................. 704, 790
HB 607-- Excise tax; public accommodation furnishings; change certain provisions................................................................................. 704, 790
HB 608-- Safety belts; required use; eliminate certain exceptions...................... 704, 790
HB 609-- Counties; housing state inmates awaiting transfer; increase reimbursement rate ................................................................ 705, 790
HB 610-- Outdoor advertising signs; highways; certain height limitations; provisions.................................................................. 705, 777, 790
HB 611-- State Construction Industry Licensing Board; Class I; provide changes ................................................................................... 705, 790
HB 612-- School bus drivers; certain cellular phone use; prohibit...................... 705, 791
HB 613-- Juvenile proceedings; hearings; general public; admit........................ 706, 791

5216

INDEX

HB 614-- Teachers Retirement System; creditable service; certain school systems; provide ....................................................................... 706, 791
HB 615-- Bulloch County; coroner; compensation and expenses; change certain provisions............................................................ 706, 791, 903, 908, 1893
HB 616-- McIntosh County; county manager; provide .............................. 707, 791, 903, 909, 2664
HB 617-- Special license plates; Georgia municipal clerks; provide ................................................................................................. 707, 791
HB 618-- Union City, City of; ad valorem tax; 65 years or older; provide homestead exemption .................................................... 707, 791, 903, 909, 5001
HB 619-- Bianca Walton Anti-Bullying Act; enact............................................. 708, 791
HB 620-- PeachCare for Kids Protection Act of 2007; enact.............................. 708, 791
HB 621-- Cobb County Probate Court; judge and clerk; change compensation .............................................................................. 708, 790, 903, 909, 1868
HB 622-- Income tax credit; prescribed hearing aids; provide............................ 709, 790
HB 623-- Cobb Judicial Circuit; superior court judges; provide supplement .................................................................................. 709, 790, 903, 910, 1765
HB 624-- Cobb County; Board of Commissioners; change compensation .............................................................................. 709, 790, 903, 910, 1868
HB 625-- PeachCare for Kids Protection Act of 2007; enact.............................. 709, 790
HB 626-- Physicians; retired; continuing education hours; provisions.................................................................................... 710, 790, 901, 1451, 3688, 3981
HB 627-- Local government; downtown development authorities; provisions............................................................................................. 710, 790
HB 628-- Health care data; available to consumers; provide ...................... 711, 790, 975
HB 629-- Education; attendance reports; provide electronically......................... 711, 790
HB 630-- Agreement Among the States to Elect the President by National Popular Vote; enact............................................................... 711, 790
HB 631-- Speed detection devices; certain highways; remove restriction on use.................................................................................. 712, 790
HB 632-- Woodstock, City of; ad valorem tax; municipal purposes; provide homestead exemption.................................... 712, 790, 903, 910, 1868
HB 633-- Woodstock, City of; ad valorem tax; city purposes; provide homestead exemption .................................................... 712, 790, 903, 911, 1868

INDEX

5217

HB 634-- Sales and use tax exemptions; food sales; off-premises consumption; change provisions.......................................................... 712, 790
HB 635-- Forest Park, City of; Redevelopment Powers Law; authorize.................................................................................... 713, 790, 1376, 1409, 1894
HB 636-- McIntosh County; probate judge; partisan elections; provide ................................................................................................. 713, 790
HB 637-- Quality Basic Education Act; nationally normreferenced instruments; revise provisions ........................................... 779, 899
HB 638-- Joint authorities; members; successor nominations; provisions............................................................................................. 780, 899
HB 639-- Employees' Retirement System; certain state patrol members; contributions; provisions..................................................... 780, 899
HB 640-- State and other flags; statues and symbols; provide certain protections................................................................................ 780, 899
HB 641-- Education, Department of; State Board; Georgia Excellence Foundation; establish ........................................................ 781, 899
HB 642-- Local government; residential rental property; require registration ........................................................................................... 781, 899
HB 643-- Oakwood, City of; Redevelopment Powers Law; authorize...................................................................................... 781, 899, 990, 993, 1814
HB 644-- Oakwood, City of; provide new charter ..................................... 781, 899, 990, 994, 1814
HB 645-- City of Oakwood Community Improvement District Act; enact .................................................................................... 782, 899, 990, 994, 1814
HB 646-- Handicapped persons; community trusts; provisions .......................... 782, 899
HB 647-- Kennesaw, City of; corporate city limits; change provisions.................................................................................. 783, 899, 1750, 1752, 1894
HB 648-- Long-term care insurance; changes to certain definitions; provide ..................................................................... 783, 899, 902, 1590, 3778
HB 649-- Georgia Blueberry Commission; create............................................... 783, 899
HB 650-- Safety belts; violations; change certain penalties ................................ 784, 899
HB 651-- Local government; township incorporations; provisions .................... 784, 899
HB 652-- Blind Persons' Braille Literacy Rights and Education Act; enact ............................................................................................. 784, 899
HB 653-- Bombs, explosives and other weapons; hoax devices; expand crime................................................................................ 784, 899, 904
HB 654-- Student Asthma Management Act; enact ............................................ 785, 899

5218

INDEX

HB 655-- Georgia Commission on Hearing Impaired and Deaf Persons; create ............................................................................ 785, 899, 975, 1586, 3946, 4124
HB 656-- Teachers Retirement System; survivor's benefits; provisions............................................................................................. 785, 899
HB 657-- Stone Mountain, City of; Redevelopment Powers Law; authorize...................................................................................... 786, 899, 990, 994, 1815
HB 658-- Employees' Retirement System; disability benefit calculations; provisions........................................................................ 786, 899
HB 659-- Employees' Retirement System; certain military service; extend purchase date............................................................................ 786, 899
HB 660-- Peach County; board of elections and registration; create ........................................................................................... 787, 899, 990, 995, 2664
HB 661-- Workers' compensation records inquiry service; create ...................... 787, 899
HB 662-- Juvenile proceedings; unruly children; detention; change certain provisions............................................................. 788, 899, 904
HB 663-- Basic Credit Opportunity Act of 2007; enact ...................................... 891, 990
HB 664-- Decatur, City of; Redevelopment Powers Law; authorize.................................................................................... 891, 990, 1376, 1409
HB 665-- Driver Services, Department of; student attendance records; allow release; provisions........................................................ 789, 899
HB 666-- Joint Board of Elections and Registration of Lamar County; create ........................................................................... 892, 990, 1376, 1409, 1894
HB 667-- Illegal and void contracts; reasonable restrictive covenants; provisions........................................................................... 789, 899
HB 668-- Security deposits; change and provide for definitions......................... 892, 990
HB 669-- Georgia Peace Officer Standards and Training Council; membership; change certain provisions............................................... 892, 990
HB 670-- Income tax credit; wood residuals; provide......................................... 893, 990
HB 671-- Special license plates; Cobb County Public Schools; provide ................................................................................................. 893, 990
HB 672-- Local government; Georgia Procurement Registry; provisions............................................................................................. 893, 990
HB 673-- Insurance; third party's lienholder; provisions..................................... 894, 990
HB 674-- Income tax credit; qualified wildlife rehabilitator expenses; provide................................................................................. 894, 990

INDEX

5219

HB 675-- Greene County; certain officials; county health insurance program; provisions.................................................. 894, 990, 1376, 1410, 1894
HB 676-- Registered nurses; advanced practice; on-site patient evaluation; provide .............................................................................. 894, 990
HB 677-- Carroll County; advisory referendum election; county manager; provisions.................................................................. 895, 990, 1376, 1410, 1895
HB 678-- Employees' Retirement System; creditable service; provide ................................................................................................. 895, 990
HB 679-- Coweta County Water and Sewerage Authority; terms of members; change .................................................................. 895, 990, 1376, 1410, 1815
HB 680-- Douglas, City of; municipal elections; provisions.................... 896, 990, 1376, 1411, 1895
HB 681-- Ambrose, City of; municipal elections; provisions .................. 896, 990, 1376, 1411, 1895
HB 682-- Nicholls, City of; city and municipal elections; provisions.................................................................................. 896, 990, 1376, 1411, 1895
HB 683-- Broxton, City of; municipal elections; provisions.................... 896, 990, 1376, 1412, 1896
HB 684-- Dawson County; Board of Education; compensation; provisions.................................................................................. 897, 990, 1376, 1412, 1896
HB 685-- Burke County; Board of Education; compensation; change provisions ..................................................................... 897, 990, 1376, 1412, 5001
HB 686-- Income tax; certain armed service members; exempt military income .................................................................................... 897, 990
HB 687-- Unincorporated DeKalb County Community Improvement District Act; redefine certain term...................... 897, 990, 1924, 1928, 5001
HB 688-- Hancock County; Board of Education; member terms; change provisions ................................................................... 977, 1375, 1750, 1752, 2664
HB 689-- Auburn, City of; change corporate boundaries; deannex certain property ....................................................................... 978, 1375, 1750, 1752
HB 690-- Cook County; Magistrate Court; chief magistrate; provisions................................................................................ 978, 1375, 1750, 1752, 1931

5220

INDEX

HB 691-- Employees' Retirement System; creditable service; Southeastern Boll Weevil Foundation; provide................................. 978, 1375
HB 692-- Schools and hospitals; recognition program; defibrillator training; establish................................................. 979, 1375, 1852
HB 693-- Heard County; school district taxes; citizens age 65 or older; increase homestead exemption..................................... 979, 1375, 1750, 1753, 1896
HB 694-- Franklin-Heard County Water Authority; quorum; unanimous vote; provide......................................................... 979, 1375, 1750, 1753, 1896
HB 695-- Board and Department of Corrections; commissioner to issue warrants; authorize.................................................................... 979, 1375
HB 696-- Alamo, City of; provide new charter ...................................... 980, 1375, 1750, 1753, 1931
HB 697-- Jackson County; board of county commissioners; change voting by chairperson ................................................. 980, 1375, 1750, 1754, 2010
HB 698-- Cartersville, City of; Redevelopment Powers Law; authorize.................................................................................. 980, 1375, 1750, 1754, 3947, 3996
HB 699-- Georgia Law Enforcement Tuition and Training Act; create and establish ............................................................................ 981, 1375
HB 700-- DeKalb County; county budget; certain constitutional officers; provide exemption .................................................... 981, 1375, 1750, 1754, 2010
HB 701-- Marietta, City of; public school system; board; provide compensation .......................................................................... 981, 1375, 1853, 1856, 5001
HB 702-- Pine Lake, City of; Redevelopment Powers Law; authorize.................................................................................. 981, 1375, 1750, 1755, 2011
HB 703-- Clayton County; Magistrate Court; chief magistrate; provide annual salary increases .............................................. 982, 1375, 1750, 1755
HB 704-- Clayton County; sheriff; compensation; change provisions................................................................................ 982, 1375, 1750, 1755
HB 705-- Board of Elections and Registration of Effingham County; create ......................................................................... 982, 1375, 1750, 1755, 1896
HB 706-- Effingham County; county surveyor; abolish elected office; provide appointment.................................................... 983, 1375, 1750, 1756, 1897

INDEX

5221

HB 707-- Teachers Retirement System; creditable service; another state; provisions .................................................................... 983, 1375
HB 708-- Dallas, City of; certain officials; provisions ........................... 983, 1375, 1750, 1756, 5002
HB 709-- Health insurance; COBRA coverage; provide certain notices ................................................................................................ 983, 1375
HB 710-- Search warrants; issuance by judicial officers; change provisions........................................................................................... 984, 1375
HB 711-- Quality Basic Education Act; Georgia teachers; enact bill of rights........................................................................................ 984, 1375
HB 712-- DeKalb County; require school uniforms; provide nonbinding advisory referendum............................................ 984, 1375, 1750, 1756, 3948, 4000
HB 713-- Water, gas and other services; limited liens for unpaid charges; change certain provisions .................................................... 984, 1375
HB 714-- Local government budgets and audits; grant certifications; provisions.................................................................... 985, 1375
HB 715-- Family and children services; county directors; appointment; change certain provisions ............................................ 985, 1375
HB 716-- Public records inspection; certain requests may be required in writing; provisions........................................................... 985, 1375
HB 717-- Fishermen's Right to Know Act; enact .............................................. 986, 1375
HB 718-- Georgia Residential Mortgage Act; enact.......................................... 986, 1375
HB 719-- Labor, Department of; Division of Occupational Safety and Health; create .............................................................................. 986, 1375
HB 720-- Pawnbrokers; title pawn transactions; provisions ............................. 987, 1375
HB 721-- Water, gas and other services; limited liens for unpaid charges; change certain provisions .................................................... 987, 1375
HB 722-- Law enforcement officers; stop motorists; race or ethnicity; prohibit............................................................................... 987, 1375
HB 723-- Charlton County; board of education districts; change provisions................................................................................ 988, 1375, 1750, 1757, 2011
HB 724-- Charlton County; commissioner districts; change provisions................................................................................ 988, 1375, 1750, 1757, 2011
HB 725-- South Fulton, City of; territory description; change provisions................................................................................ 988, 1375, 2648, 2650, 3948, 3949, 5026
HB 726-- Motorcycles; provisions requiring protective headgear; exempt certain persons..................................................................... 1363, 1749

5222

INDEX

HB 727-- Towns County; ad valorem tax; provide homestead exemption.............................................................................. 1364, 1749, 1798, 1801, 2011
HB 728-- Effingham County; Board of Commissioners; provisions.............................................................................. 1364, 1749, 1798, 1801, 2012
HB 729-- Blood donation; minimum age; change........................................... 1364, 1749
HB 730-- Employees' Retirement System; creditable service; Department of Natural Resources; provide ..................................... 1364, 1749
HB 731-- Carnesville, City of; corporate limits; change ...................... 1365, 1749, 1798, 1804, 1932
HB 732-- Peace Officers' Annuity and Benefit Fund; certain persons; provide membership .......................................................... 1365, 1749
HB 733-- Fulton County; Board of Education; members; provide salaries .................................................................................. 1365, 1749, 1853, 1856, 5002
HB 734-- Fulton County; community improvement districts; redefine certain term ............................................................. 1366, 1749, 1799, 1805, 5002
HB 735-- Teachers Retirement System; postretirement benefit increase; provisions.......................................................................... 1366, 1749
HB 736-- Winterville, City of; charter; provisions............................... 1366, 1749, 1799, 1805, 2012
HB 737-- Franklin Delano Roosevelt Day; declare......................................... 1367, 1749
HB 738-- Jones County; Board of Commissioners; compensation of members; change provisions ............................................ 1367, 1749, 1799, 1805, 2665
HB 739-- Certain medicines; purchase; provide minimum age ...................... 1367, 1749
HB 740-- Gwinnett County; Board of Commissioners; provisions................. 1367, 1749
HB 741-- Gwinnett County; Board of Commissioners; provisions................. 1368, 1749
HB 742-- DeKalb County Public Facilities Authority; create .............. 1368, 1749, 1799, 1800
HB 743-- Satilla Regional Water and Sewer Authority; member selection; revise..................................................................... 1368, 1749, 1799, 1806, 2012
HB 744-- Charlton County; board of elections and registration; create ................................................................................................ 1369, 1749
HB 745-- Telephone system; physically impaired; provisions........................ 1369, 1749
HB 746-- Natural gas; universal service fund; permit excess amounts............................................................................................ 1370, 1749
HB 747-- Education lottery; prizes; proof of identification; provide certain requirements ........................................................... 1370, 1749

INDEX

5223

HB 748-- Suwanee, City of; Redevelopment Powers Law; authorize................................................................................ 1370, 1749, 1798, 1806, 2720, 3605, 3755, 4045, 5025
HB 749-- Sugar Hill, City of; Redevelopment Powers Law; authorize................................................................................ 1370, 1749, 1798, 1806, 5002
HB 750-- Sumter County; probate court judge; nonpartisan elections; provide............................................................................. 1371, 1749
HB 751-- Court bailiffs; per diem compensation; increase ............................. 1371, 1749
HB 752-- Georgia Assignment Pool Underwriting Authority; create ................................................................................................ 1371, 1749
HB 753-- Bloomingdale, City of; franchise contracts; change certain provisions.................................................................. 1372, 1749, 1798, 1807, 3778
HB 754-- Port Wentworth, City of; city council members; provide advisory referendum election ............................................... 1372, 1749, 1799, 1800
HB 755-- East Point, City of; provide new charter............................... 1372, 1749, 1799, 1807, 2012
HB 756-- Bacon County; board of education; provisions .................... 1372, 1749, 1799, 1807, 2013
HB 757-- Bacon County; board of elections and registration; create ..................................................................................... 1373, 1749, 1799, 1808, 2015, 2633
HB 758-- Bacon County; Board of Commissioners; provisions .......... 1373, 1749, 1799, 1808, 2013
HB 759-- Natural Gas Competition and Deregulation Act; Public Service Commission; provisions ..................................................... 1740, 1797
HB 760-- Certain water and sewer authorities; certified as local issuing authorities; authorize ........................................................... 1740, 1797
HB 761-- Harris County; coroner; fix compensation ........................... 1740, 1797, 1853, 1856, 3778
HB 762-- Upson County; Redevelopment Powers Law; authorize...... 1741, 1797, 1853, 1856, 3778
HB 763-- Soperton, City of; annex certain tracts or parcels of land; provisions..................................................................... 1741, 1797, 1853, 1857, 5002
HB 764-- Payne, City of; create and establish new charter .................. 1741, 1797, 1853, 1857, 3778
HB 765-- Licensed pharmacists; injectable medications; certificate of need requirements; exempt......................................... 1742, 1797

5224

INDEX

HB 766-- Muscogee County School District; public works construction; provisions........................................................ 1742, 1797, 1853, 1857, 3779
HB 767-- Liberty County; ad valorem tax; homestead exemption; define certain term ................................................................ 1742, 1797, 1853, 1858, 3779
HB 768-- Liberty County School District; ad valorem tax; homestead exemption; define certain term ........................... 1743, 1797, 1853, 1858, 3779
HB 769-- Dacula, City of; Redevelopment Powers Law; authorize..... 1743, 1797, 1853, 1859, 5003
HB 770-- Postsecondary education; nonimmigrant foreign students; provisions.......................................................................... 1743, 1797
HB 771-- Buchanan, City of; ad valorem tax; residents 65 or over; provide homestead exemption .............................................. 1744, 1797, 1853, 1859, 5003
HB 772-- Paulding County Facilities and Technology Authority; create ..................................................................................... 1744, 1797, 1853, 1859, 5003
HB 773-- Paulding County; board of elections and registration; create ..................................................................................... 1744, 1797, 1853, 1860, 5004
HB 774-- Governor; emergency powers; firearms; limit................................. 1745, 1797
HB 775-- Hall County; Board of Commissioners; expense allowance; change provisions ............................................... 1745, 1797, 1853, 1860, 2665
HB 776-- Floyd County; Hospital Authority; filling vacancies; change certain provisions...................................................... 1745, 1797, 2705, 2709
HB 777-- Consolidated housing authorities; two or more municipalities; change certain provisions........................................ 1746, 1797
HB 778-- Bingo; certain fraternal organizations; provisions........................... 1746, 1797
HB 779-- Probation; private supervision services; minimum fee; establish ........................................................................................... 1746, 1797
HB 780-- Cobb County; superior court; deputy clerk; change compensation ........................................................................ 1746, 1797, 1853, 1860, 5004
HB 781-- Adairsville Building Authority; create ................................. 1747, 1797, 1853, 1862
HB 782-- Appalachian Judicial Circuit; investigators make arrests; provide...................................................................... 1747, 1797, 1853, 1862, 2665

INDEX

5225

HB 783-- Gilmer County; Board of Commissioners; provisions ......... 1747, 1797, 1853, 1862, 2716
HB 784-- Riverdale, City of; Redevelopment Powers Law; authorize................................................................................ 1748, 1797, 1853, 1863, 2015, 2633
HB 785-- Hancock County; Board of Commissioners; consolidate amendatory Acts ................................................................... 1794, 1852, 1884, 1887
HB 786-- Polk County; Board of Education; members; provide compensation ........................................................................ 1795, 1852, 1884, 1887, 5004
HB 787-- Polk County Water Authority; member reappointment; change certain provisions...................................................... 1795, 1852, 1884, 1887, 5005
HB 788-- Harris County; ad valorem tax; homestead exemption; residents 65 or older; change qualifications ......................... 1795, 1852, 1884, 1888, 3780
HB 789-- Public water systems; certain contractors; performance bonds; require .................................................................................. 1795, 1852
HB 790-- School Bus Safety Week; declare.................................................... 1796, 1852
HB 791-- School Bus Drivers Appreciation Day; declare............................... 1796, 1852
HB 792-- City of Canton Community Improvement District Act; enact ...................................................................................... 1849, 1884, 1924, 1928, 5005
HB 793-- Georgia Methamphetamine Offender Registry; establish ............... 1850, 1884
HB 794-- Employees' Retirement System; certain creditable military service; extend date to apply.............................................. 1850, 1884
HB 795-- Court bailiffs; minimum and maximum allowable per diem compensation; increase ........................................................... 1850, 1884
HB 796-- Albany, City of; Redevelopment Powers Law; authorize .... 1851, 1884, 1924, 1928, 3780
HB 797-- Teachers Retirement System; Board of Regents; change definition.......................................................................................... 1851, 1884
HB 798-- Pharmacy Consumer Protection and Transparency Act; enact ................................................................................................. 1879, 1923
HB 799-- Statesboro, City of; corporate limits; change ....................... 1880, 1923, 1999, 2004, 3780
HB 800-- Georgia Property Owners' Association Act; lot owners' obligations; provisions..................................................................... 1880, 1923
HB 801-- Coosawattee Regional Water and Sewerage Authority; create ..................................................................................... 1880, 1923, 1999, 2004

5226

INDEX

HB 802-- Waste management; methamphetamine clean up; provisions......................................................................................... 1881, 1923
HB 803-- Sugar Hill, City of; corporate limits; change........................ 1881, 1923, 1999, 2004
HB 804-- South Georgia Regional Information Technology Authority Act; enact.............................................................. 1881, 1923, 1999, 2005, 3780
HB 805-- Buchanan, City of; provide new charter ............................... 1882, 1923, 1999, 2005, 5005
HB 806-- Waycross, City of; corporate limits; change......................... 1882, 1923, 1999, 2006, 5005
HB 807-- Auburn, City of; certain areas not included; provide ........... 1883, 1923, 1999, 2006, 5006
HB 808-- Georgetown-Quitman County; conflict of laws; change provisions.............................................................................. 1883, 1923, 1999, 2006, 3781
HB 809-- City of Milton Public Buildings and Facilities Authority Act; enact .............................................................................. 1917, 1997, 2648, 2651, 3781
HB 810-- Milton, City of; corporate limits; change ............................. 1918, 1997, 2648, 2652, 3781
HB 811-- Milton, City of; mayor and councilmembers; provisions..... 1918, 1997, 2648, 2658, 3781
HB 812-- Roswell, City of; corporate limits; change ........................... 1918, 1997, 2648, 2658, 3782
HB 813-- City of Milton Parks and Recreation Authority Act; enact ...................................................................................... 1918, 1997, 2648, 2658, 3782
HB 814-- Cobb County Commission on Children and Youth; recreate ..................................................................................... 1919, 1997, 2648, 2659, 5006
HB 815-- Teachers Retirement System; Regents Retirement Plan; change provisions ............................................................................ 1919, 1997
HB 816-- DeKalb County Community Improvement Districts Act of 2007; enact................................................................................... 1920, 1997
HB 817-- McPherson Implementing Local Redevelopment Authority Act; enact.............................................................. 1920, 1997, 2648, 2659
HB 818-- Chatham County; county surveyor; provisions .................... 1920, 1997, 2648, 2660
HB 819-- Cobb County-Marietta Water Authority; members and chairperson; provide pay increase ........................................ 1921, 1997, 2648, 2660, 5006

INDEX

5227

HB 820-- Cobb County State Court; judges; change compensation .... 1921, 1997, 2648, 2660
HB 821-- Cobb County State Court; solicitor-general and assistant solicitors; change compensation ............................ 1921, 1997, 2648, 2661
HB 822-- Year's support; certain tax exemptions; provide.............................. 1922, 1997
HB 823-- Qualified disabled veterans; homestead exemption; increase amount ............................................................................... 1922, 1997
HB 824-- Warner Robins, City of; real property disposition; change provisions ................................................................. 1922, 1997, 2648, 2661, 5006
HB 825-- Savannah, City of; evicted tenants property; provide certain procedures ................................................................. 1922, 1997, 2648, 2650
HB 826-- Income tax credit; certain volunteer firefighters; provide ............................................................................................. 1922, 1997
HB 827-- Pickens County; board of elections and registration; change provisions ................................................................. 1993, 2647, 2705, 2710, 3782
HB 828-- Banks County; North Georgia Technical College; provisions.............................................................................. 1994, 2647, 2705, 2711
HB 829-- Electric suppliers; renewable energy and energy efficiency standards; implement ...................................................... 1994, 2647
HB 830-- Buford, City of; Redevelopment Powers Law; authorize..... 1994, 2647, 2705, 2711, 5007
HB 831-- Public Charter School Capital Financing Act; enact ....................... 1994, 2647
HB 832-- Certain courts; notify school superintendents of certain information; require ......................................................................... 1995, 2647
HB 833-- Public health system; career track program to recruit and retain nurses; require establishment.......................................... 1995, 2647
HB 834-- Forsyth County Civil Service System Act; application; exempt certain employees..................................................... 1995, 2647, 2705, 2711, 5007
HB 835-- Fort Valley, City of; corporate limits; change ................................. 1996, 2647
HB 836-- Human Resources, Department of; Department of Aging; transfer functions ................................................................. 2642, 2705
HB 837-- Georgia State Employee Savings Plan; enact.................................. 2643, 2705
HB 838-- Crimes and offenses; felony by certain persons; provide enhanced penalties ........................................................................... 2643, 2705
HB 839-- Employees' Retirement System; assistant district attorneys; provisions ........................................................................ 2643, 2705

5228

INDEX

HB 840-- Renewable energy; voluntary portfolio standard goals; provide ............................................................................................. 2644, 2705
HB 841-- Georgia State Employee Savings Plan; enact.................................. 2644, 2705
HB 842-- Teachers Retirement System; Trial Judges and Solicitors Retirement Fund; provisions ........................................... 2644, 2705
HB 843-- Employees' Retirement System; future state employees; provisions......................................................................................... 2645, 2705
HB 844-- Insurance; marketing and sales; prohibit unscrupulous practices ........................................................................................... 2645, 2705
HB 845-- Minimum wage law; substantive and comprehensive reform; provisions............................................................................ 2645, 2705
HB 846-- Employees' Retirement System; tax commissioners; provisions......................................................................................... 2646, 2705
HB 847-- Oconee County; Board of Commissioners; members; provisions.............................................................................. 1996, 2647, 2705, 2712, 5007
HB 848-- Byron, City of; corporate limits; change ......................................... 1997, 2647
HB 849-- Watercraft; certain vessels; provisions ............................................ 2646, 2705
HB 850-- Pistol or revolver licenses; temporary renewal permits; provisions......................................................................................... 2702, 3436
HB 851-- Income tax credit; historic structures rehabilitation; change calculation method............................................................... 2703, 3436
HB 852-- Effingham County School District; ad valorem tax; increase exemption .......................................................................... 2703, 3436
HB 853-- Willacoochee, Town of; corporate limits; deannex property................................................................................. 2703, 3436, 3786, 3820
HB 854-- Secretary of State; labor organizations; provisions ......................... 2704, 3436
HB 855-- Appellate court judges; elected on or after July 1, 2008; provide benefits................................................................................ 3429, 3786
HB 856-- Georgia Judicial Retirement System; superior court judges and district attorneys; change provisions ............................. 3430, 3786
HB 857-- Washington County; sheriff; change compensation ........................ 3430, 3786
HB 858-- Elections; optical scan ballots; provisions....................................... 3430, 3786
HB 859-- Elections; electronic recording voting systems; provisions......................................................................................... 3431, 3786
HB 860-- Georgia Regional Grand Jury Act; enact......................................... 3431, 3786
HB 861-- Certain judicial circuits; alternate delivery systems; allow................................................................................................. 3431, 3786
HB 862-- Accusations; trial in all cases except serious violent felonies; allow.................................................................................. 3432, 3786
HB 863-- Zoning procedures; automotive collectors; provisions.................... 3432, 3786

INDEX

5229

HB 864-- Insurance; group life policy coverage; remove participation requirement................................................................. 3432, 3786
HB 865-- Teachers Retirement System; Regents Retirement Plan; creditable service; provisions .......................................................... 3433, 3786
HB 866-- Georgia Public Assistance Act of 1965; foster children; certain dental services; provide ....................................................... 3433, 3786
HB 867-- Insurance; rates; private passenger motor vehicles; provisions......................................................................................... 3433, 3786
HB 868-- Railroads; refusal to perform maintenance requests; change appeal procedure.................................................................. 3434, 3786
HB 869-- DeKalb County; office of tax commissioner; change certain provisions............................................................................. 3434, 3786
HB 870-- Teachers Retirement System; Board of Regents; employees participation; provisions .......................................................... 3765
HB 871-- Quality Basic Education; driver education courses; instructors; provisions................................................................................ 3766
HB 872-- Safety belts; failure to use; evidence of negligence; provide ....................................................................................................... 3766
HB 873-- Employees' Retirement System; court administrators; creditable service; provisions .................................................................... 3766
HB 874-- Board of Regents; annual reports to General Assembly; provide ....................................................................................................... 3766
HB 875-- Employees' Retirement System; established benefit formula; provide continuation ................................................................... 3767
HB 876-- Teachers Retirement System; certain retired members; postretirement benefit increase; provide.................................................... 3767
HB 877-- Education Coordinating Council; freshman graduation rate; performance indicator; establish........................................................ 3767
HB 878-- Income tax; retirement income; earned income allowance; eliminate limitation.................................................................. 3768
HB 879-- Teachers Retirement System; Board of Regents; employees participation; provisions .......................................................... 3768
HB 880-- The Access to Postsecondary Education Instructional Material Act; enact..................................................................................... 3768
HB 881-- Georgia Charter Schools Commission; establish ...................................... 3769
HB 882-- Minimum wage; raise amount ................................................................... 3769
HB 883-- Traffic-control devices; running red light; change civil penalty........................................................................................................ 3769
HB 884-- Counties; housing state inmates; increase minimum reimbursement rate .................................................................................... 3770
HB 885-- Counties; housing state inmates; increase minimum reimbursement rate .................................................................................... 3770

5230

INDEX

HB 886-- Counties; housing state inmates; increase minimum reimbursement rate .................................................................................... 3770
HB 887-- Tobacco Prevention Master Settlement Agreement Oversight Committee; create ..................................................................... 3770
HB 888-- Lobbyists and public officers; gifts; revise provisions.............................. 3770
HB 889-- Public officers and employees; conflicts of interest; revise provisions ........................................................................................ 3771
HB 890-- Traffic-control devices; running red light; reduce civil penalty........................................................................................................ 3771
HB 891-- Board of Regents; Georgia Aviation and Technical College; transfer positions ......................................................................... 3771

PART III
HOUSE RESOLUTIONS
HR 1-- Education; school superintendents elected by majority; provide - CA ........................................................................................ 424, 458
HR 2-- General Assembly; four-year terms of office for members; provide - CA........................................................................ 156, 175
HR 3-- Ad valorem tax; assessed value of real property; provide limitations - CA ...................................................................... 144, 158
HR 4-- Memorial Drive; redesignate portions of SR 154 and SR 10.................................................................................................... 348, 378
HR 5-- Joe Lee Thompson Highway; redesignate portions of I285 ....................................................................................................... 377, 391
HR 6-- Korean American Day; January 13, 2007; recognize.................................... 95 HR 7-- House convened; notify Senate ..................................................................... 16 HR 8-- House; adopt Rules ........................................................................................ 23 HR 9-- House; relative to officials, employees, and committees .............................. 17 HR 10-- Joint session; message from Governor .................................................... 21, 85 HR 11-- Adjournment; relative to.......................................................................... 21, 85 HR 12-- Counties; provide for re-creation; voter approval - CA .......................... 84, 95 HR 13-- State Children's Health Insurance Plan; urge Congress
to provide funding.................................................................... 85, 95, 105, 130 HR 14-- Walter E. "Eddie" Elder Interchange; Barrow County;
dedicate ......................................................................................... 94, 128, 600, 732
HR 15-- Joint Study Committee on State Stroke System of Care; create ............................................................................................ 128, 146, 320
HR 16-- Statue of Zell Bryan Miller; Capitol Arts Standards Commission; urge ....................................................................... 128, 146, 199, 254
HR 17-- Ensuring the Health and Humanity of Pregnant and Birthing Women Day; January 19, 2007; recognize ................................... 130
HR 18-- Columbus Northern Little Leaguers; congratulate and invite to House ............................................................................. 130, 159, 160
HR 19-- Andrews, Dr. Susan; commend and invite to House................................... 130 HR 20-- Rood, Nathaniel "Nathan" Kenton; commend............................................. 132 HR 21-- Elbert Shaw, Jr. Regional Youth Detention Center;
designate ..................................................................................... 145, 158, 199, 274, 620
HR 22-- Simmons, Benjamin; 100th birthday; congratulate ..................................... 132

5232

INDEX

HR 23-- Warren, Honorable Pete; condolences......................................................... 132
HR 24-- Loughridge, Mr. Larry A.; condolences ...................................................... 132
HR 25-- Davis, Ryan Scott; eighteenth birthday; commend ..................................... 132
HR 26-- 2007 Year of Aviation in GA; Ben Epps; father of aviation in GA; recognize ............................................................................ 132
HR 27-- 116th Air Control Wing of the United States Air Force; commend...................................................................................................... 133
HR 28-- Lee, General Robert Edward; bicentennial anniversary of birth; recognize........................................................................................ 133
HR 29-- Smalls, Christopher M.; commend .............................................................. 133
HR 30-- Peace Officers' Annuity and Benefit Fund; retired members; service credit - CA .............................................................. 145, 158
HR 31-- Williams, Marshall "Woody"; commend .................................................... 133
HR 32-- Sudler, Zachary "Zach" Stephen; commend................................................ 133
HR 33-- Fisher, James Avera; commend ................................................................... 133
HR 34-- Deremer, Joshua; commend......................................................................... 133
HR 35-- Deremer, Jeremy; commend ........................................................................ 133
HR 36-- The Landings Garden Club of Savannah, Georgia; commend...................................................................................................... 133
HR 37-- Jimmerson, Linda Williams; commend....................................................... 133
HR 38-- Beck, Ray; condolences............................................................................... 134
HR 39-- Jordan, Mr. Gerald; condolences ................................................................. 134
HR 40-- Smalls, Cory Lee; commend........................................................................ 134
HR 41-- Joint session; message from Chief Justice of Supreme Court .................................................................................................... 146, 159
HR 42-- McMichael, Miss Bliss; congratulate and invite to House ....................................................................................... 147, 2648, 2668
HR 43-- Northside High School Eagles; commend and invite to House ........................................................................................... 148, 159, 160
HR 44-- Jennings III, Mr. Phillip; commend and invite to House............. 148, 207, 210
HR 45-- Bailey, Jackson; dedicate SR 278 through Rutledge........................... 157, 175
HR 46-- House Rules; amend Rule 18...................................................... 157, 175, 207, 256
HR 47-- Joint Legislative Study Committee on Judicial Election Reform; create...................................................................................... 157, 175
HR 48-- Motor fuel taxes; jet fuel; funds from sales and use; provide - CA ........................................................................................ 157, 175
HR 49-- House Mental Health Professionals Study Committee; create ........................................................................................... 157, 175, 637, 3789

INDEX

5233

HR 50-- Delta Air Lines; urge the United States Department of Justice to oppose the proposed takeover..................................... 158, 175, 198, 519
HR 51-- Coastal salt marshlands; urge Board of Natural Resources to protect............................................................................. 158, 175
HR 52-- Carpenter, Danny; commend ....................................................................... 161
HR 53-- Georgia Farm Bureau Federation; commend and invite to the House ......................................................................................... 159, 160
HR 54-- Bremen High School Varsity Cheerleading Squad; commend and invite to the House ....................................................... 159, 160
HR 55-- Family literacy; local communities; express support ................. 174, 190, 659, 1789
HR 56-- U.S. Army Corps of Engineers; raising full pool for Lake Lanier; urge to study .......................................................... 174, 190, 287, 358
HR 57-- Elbert County; conveyance of certain state owned real property; authorize...................................................................... 174, 190, 500, 626, 1897
HR 58-- Northside High School football team; commend ........................................ 161
HR 59-- Thomas, James "Jamee" William; commend .............................................. 175
HR 60-- Tourism industry in Georgia; commend...................................................... 175
HR 61-- Lipson, Dr. Robert Alan; condolences ........................................................ 175
HR 62-- American Shore and Beach Preservation Association; commend...................................................................................................... 175
HR 63-- Kerr, Police Chief David H.; commend....................................................... 175
HR 64-- Chesshire, Mr. Skip; Superior Court Administrator; commend...................................................................................................... 176
HR 65-- Georgia Radio Reading Service; commend................................................. 176
HR 66-- Firefighters of Georgia; Firefighters' Recognition Day; commend...................................................................................................... 176
HR 67-- Elrod, Bobby; commend .............................................................................. 176
HR 68-- Police chiefs and other heads of law enforcement agencies; commend...................................................................................... 176
HR 69-- Reid, Mrs. Lillie B. Carson; condolences.................................................... 176
HR 70-- Glover, Everett Allen; celebrate birth.......................................................... 176
HR 71-- Stripling, Charles Mitchell "C.M.", Jr.; condolences .................................. 176
HR 72-- Rudin, Jacob; commend............................................................................... 177
HR 73-- Shumake, Dr. Franklin; commend............................................................... 177
HR 74-- Children's Healthcare of Atlanta; commend................................................ 177
HR 75-- McCorvey, Reverend Albert, Sr.; commend ............................................... 177
HR 76-- Nail, Judith; commend................................................................................. 177

5234

INDEX

HR 77-- Leonard, Joshua Samuel; commend ............................................................ 177
HR 78-- Fox, Millicent; commend............................................................................. 177
HR 79-- Lacy, Shelby; commend .............................................................................. 177
HR 80-- Cooper, William Curt, Jr.; commend........................................................... 178
HR 81-- Lunsford, Walter T., Sr.; condolences......................................................... 178
HR 82-- Clayton, Captain Hayes, Jr.; condolences ................................................... 178
HR 83-- North Hall High School Cross Country Team; commend...................................................................................................... 178
HR 84-- Caruso, Rachel; David, Stephen; Henderson, Jordan; Youngblood, Cameron; commend............................................................... 178
HR 85-- Leonard, Jared David; commend................................................................. 178
HR 86-- "Technical College System of Georgia Day"; January 30, 2007; declare.......................................................................................... 178
HR 87-- Georgia's sustainable and environmentally friendly businesses; commend................................................................................... 178
HR 88-- SGT David Samuel Collins Memorial Interchange; dedicate ................................................................................................ 189, 198
HR 89-- Ferraro, Geraldine Anne; commend and invite to House............................ 191
HR 90-- PeachCare; urge Congress to enroll children of public employees ............................................................................................ 197, 207
HR 91-- Georgia Associations of Health Underwriters; commend and invite to House ..................................................................... 200
HR 92-- "Forestry Day at the Capitol"; February 1, 2007; recognize and invite to House...................................................... 200, 207, 212
HR 93-- Leavell, Chuck; commend and invite to House........................... 201, 287, 291
HR 94-- Columbia All Star Team; Dixie Youth Baseball "O" Zone World Series; commend ..................................................................... 201
HR 95-- Atlanta Fixture & Sales Company, Inc.; commend..................................... 201
HR 96-- Hall, Mrs. Jeanette "Buddy" Reynolds; condolences .................................. 201
HR 97-- Lee, Richard Alvin; retirement; honor......................................................... 201
HR 98-- Ross, Dorothy Carter; condolences ............................................................. 201
HR 99-- Xechem International, Inc.; commend......................................................... 201
HR 100-- Pinion, Max; commend................................................................................ 201
HR 101-- Davis, Mr. John; Davis family; commend................................................... 202
HR 102-- Clark, Mr. Robert; compensate; provide for state income tax exclusion .................................................................. 206, 224, 775, 923, 1934, 2625
HR 103-- Rhodes, Ms. Brandy Brown; compensate............................................ 207, 224
HR 104-- Shockley, Eugene "D.J.", Jr.; quarterback; commend and invite to House ...................................................................... 212, 252, 254
HR 105-- Georgia veterinarians; commend and invite to House......................... 212, 886

INDEX

5235

HR 106-- Tribble, Dr. Vickie; assistant principal of the year; commend...................................................................................................... 212
HR 107-- White, B.V.; condolences ............................................................................ 213
HR 108-- Ellison, Mrs. Marilyn Murphy; condolences............................................... 213
HR 109-- Mincey, Johnny Michael; condolences........................................................ 213
HR 110-- Goforth, Jill; principal of New Holland Elementary School; commend ........................................................................................ 213
HR 111-- Lancaster, Mr. J. Wendell; condolences...................................................... 213
HR 112-- Baird, David Oliver; condolences................................................................ 213
HR 113-- Souther, Virginia Parks; condolences.......................................................... 213
HR 114-- Souther, Mr. John Paul; condolences .......................................................... 214
HR 115-- Poole, Dr. Samuel O.; condolences ............................................................. 214
HR 116-- Babcock, Kenneth; commend ...................................................................... 214
HR 117-- "Community Health Centers Day"; February 1, 2007; recognize...................................................................................................... 214
HR 118-- Porter, Kenneth O. "Ken"; condolences ...................................................... 214
HR 119-- Reed, Mrs. Ester; condolences..................................................................... 214
HR 120-- Peachtree Ridge High School Lions football team; commend and invite to House ..................................................... 212, 322, 327
HR 121-- Rosa Parks and others; portraits in the state capitol; authorize....................................................................................... 223, 251, 537
HR 122-- Eugenics movement; Georgia's participation; express regret .................................................................................................... 223, 251
HR 123-- Incarcerated persons; moral turpitude felonies; prohibit voting - CA .......................................................................................... 223, 251
HR 124-- Peachtree Ridge High School varsity cheerleaders; commend and invite to House ..................................................... 232, 322, 327
HR 125-- Guido, Dr. Michael; 92nd birthday; congratulate........................................ 233
HR 126-- "Black Contractors Day"; February 1, 2007; commend and invite to House ...................................................................... 232, 268, 275
HR 127-- Citizenship; urge Congress to amend birth right provisions............................................................................................. 250, 268
HR 128-- Persons convicted of certain felonies; voting provisions; amend - CA.......................................................................................... 250, 268
HR 129-- Composite State Board of Medical Examiners; urge adoption of new rules........................................................................... 250, 268
HR 130-- Ed Echols Memorial Highway; dedicate ............................................. 250, 268
HR 131-- Pugh, Evelyn W. Turner; commend ............................................................ 233
HR 132-- Bishop, Mrs. Vivian Creighton; commend.................................................. 233
HR 133-- Tattnall Square Academy football team; 2006 AAA State Champions; commend ........................................................................ 233

5236

INDEX

HR 134-- Vollmer, Michael; retirement; commend .................................................... 233
HR 135-- Peachtree Ridge High School Lions football team; commend...................................................................................................... 234
HR 136-- Peachtree Ridge High School varsity competition cheerleaders; commend................................................................................ 234
HR 137-- McDonald, Dora Edith; condolences........................................................... 234
HR 138-- Bahr, Bill; retirement; commend ................................................................. 234
HR 139-- Harris County High School cheerleaders; commend................................... 234
HR 140-- Aaron, Tommy; birthday and professional achievements; honor .................................................................................... 234
HR 141-- Walker, James; commend ............................................................................ 234
HR 142-- Guido, Dr. Michael; Guido Evangelistic Association; 50th anniversary; commend......................................................................... 234
HR 143-- Georgia Renal Coalition; "Georgia Dialysis Day"; January 31, 2007; proclaim.......................................................................... 235
HR 144-- Caregivers; mothers of children with developmental disabilities; commend .................................................................................. 235
HR 145-- "Girls and Women in Sports Day"; Feb. 8, 2007; commend and invite to House ..................................................................... 233
HR 146-- Bohler, Dr. Charles Emory; designate portions of SR 26 .......... 251, 268, 501, 579
HR 147-- Erk Russell Highway; designate portions of SR 26 ................... 251, 268, 501, 579
HR 148-- Burns, Glenn; commend and invite to House...................................... 258, 398
HR 149-- Joint Study Committee on Viability of Commuter Rail Service from Atlanta to West Point; create ......................................... 267, 286
HR 150-- House Study Committee on Viability of Commuter Rail Service from Atlanta to West Point; create ......................................... 267, 286
HR 151-- Honor, Lieutenant General Russel L.; commend....................................... 258
HR 152-- Southeastern Cooperative Wildlife Disease Study; commend...................................................................................................... 258
HR 153-- Smyre, Calvin; National Black Caucus of State Legislators; commend.................................................................................. 258
HR 154-- Watkins, Mrs. Hattie Guinn; condolences................................................... 258
HR 155-- Black, Jeremy Daniel; Eagle Scout; commend............................................ 258
HR 156-- Scott, David; condolences ........................................................................... 275
HR 157-- Joint Study Committee on the Continuing Education of Special Needs Individuals; create ........................................................ 285, 320
HR 158-- Real property values; residential; fair market value; requirements - CA................................................................................ 285, 320
HR 159-- Sequoyah High School Lady Chiefs fast pitch softball team; commend............................................................................................ 275

INDEX

5237

HR 160-- Allen, Kathryn G.; commend....................................................................... 276
HR 161-- Standard, Eve Marie; Newton County Board of Elections; condolences................................................................................. 276
HR 162-- Collins, William Littleton; condolences ...................................................... 276
HR 163-- Jennings, Paul and Edna; 50th wedding anniversary; commend...................................................................................................... 276
HR 164-- Dawson County; sesquicentennial anniversary; celebrate ....................................................................................................... 276
HR 165-- Woodstock High School Lady Wolverines fast pitch softball team; commend............................................................................... 276
HR 166-- Roosevelt, Franklin Delano; City of Warm Springs; commend...................................................................................................... 276
HR 167-- Let Us Make Man - The Gathering to Reclaim Black Manhood; commend .................................................................................... 276
HR 168-- United States National Health Insurance Act; urge Congress to adopt................................................................................. 285, 320
HR 169-- Bush, President; Congress; GA General Assembly; energy relief; commend ............................................................................... 292
HR 170-- U.S. sugar policy; urge Congress to reform ............................... 319, 349, 425, 1820
HR 171-- State highway system; certain portions; dedicate....................... 320, 349, 501, 630, 3489, 3950
HR 172-- Mundy, June; condolences........................................................................... 298
HR 173-- Young Women's Christian Association of Greater Atlanta; commend........................................................................................ 298
HR 174-- Mosley, Dr. James Clarence, Jr.; condolences ............................................ 298
HR 175-- "Epilepsy Awareness Day"; February 9, 2007; recognize...................................................................................................... 298
HR 176-- Carroll County Chamber of Commerce; commend..................................... 299
HR 177-- Neely, Honorable Clayton, Jr.; commend ................................................... 299
HR 178-- Keith, Toby; musician; commend................................................................ 299
HR 179-- Carr, Erika; commend.................................................................................. 299
HR 180-- Keep Georgia Beautiful program; 66 local affiliates; commend...................................................................................................... 299
HR 181-- Gore, Jared Mikkel; commend .................................................................... 299
HR 182-- Jekyll Island Authority; to exercise restraint in the redevelopment of resort and other facilities on island; urge ...................................................................................................... 348, 378
HR 183-- Adjournment; relative to...................................................................... 332, 381
HR 184-- Georgia Peach Festival; commend and invite 2006 Peach Queens to House........................................................................ 327, 672

5238

INDEX

HR 185-- L.E.A.D. Athens and Leadership Oconee; developing community leaders; recognize ..................................................................... 334
HR 186-- Ellington-Smith, Ina Ruth; 90th birthday; congratulations............................................................................................. 334
HR 187-- National Federation of Independent Business in Georgia; commend....................................................................................... 334
HR 188-- Daniels, Jikeme; commend .......................................................................... 334
HR 189-- Pilgrim's Pride Corporation; officers; commend ......................................... 334
HR 190-- American Probation and Parole Association; commend ............................. 334
HR 191-- Neely, Honorable Clayton, Jr.; life and work; commend............................ 335
HR 192-- Georgia Career and Technical Student Organizations Day; recognize ............................................................................................. 335
HR 193-- Jones, Mr. Eddie, Sr.; condolences.............................................................. 335
HR 194-- Carter, Mr. Joseph Talmadge "J.T." & Mrs. Zena Cannon Carter; honor anniversary............................................................... 335
HR 195-- Hospitality Highway; dedicate GA 400...................................... 349, 378, 777, 1026
HR 196-- Oliver, Mitchell; 2006 Officer of the Year; valiant service; commend ........................................................................................ 335
HR 197-- Buehler, Officer Matthew; 2006 Officer of the Year; commend...................................................................................................... 335
HR 198-- Tyler, Howard A.; 2006 Officer of the Year; meritorious service; commend..................................................................... 335
HR 199-- Sales and use tax; off-premise food and beverage sales; create trust fund - CA........................................................................... 377, 391
HR 200-- Coroners; county officers; provide - CA ............................................. 377, 391
HR 201-- Georgia's High Tech Corridor; certain portion; remove designation; Golden Isles Parkway; dedicate ............................. 377, 391, 777, 1551, 3783
HR 202-- Oconee Co. High School softball team; '06 AAA State Champions; invite to House......................................................................... 362
HR 203-- North Oconee softball team; 2006 Class AA State Champions; invite to House......................................................................... 363
HR 204-- 4-H Clubs of Georgia; recognize and invite certain officials to House ................................................................................. 363, 398
HR 205-- House Study Committee on Cellular Phone Contract, Billing, and Rebate Practices; create ........................................ 378, 391, 2698, 3790
HR 206-- Roswell High School Hornets football team; commend ............................. 363
HR 207-- Gault, Mrs. Paula H.; service to Forsyth County School System; retirement; commend ..................................................................... 363
HR 208-- Nicholson, City of; centennial anniversary; celebrate ................................ 363

INDEX

5239

HR 209-- Rondem, Colonel Debra Conrad; retirement; commend ............................. 363
HR 210-- Goolsby, Brooks Nelson; condolences ........................................................ 363
HR 211-- Ward, Mr. Hines, Jr.; commend and invite to House .......................... 382, 672
HR 212-- Tom Scott Interchange; dedicate ......................................................... 391, 424
HR 213-- Smith, Dr. Otis W.; condolences ................................................................. 386
HR 214-- Etowah High School Eagles football team; commend ................................ 386
HR 215-- Etowah High School Lady Eagles cross country team; commend...................................................................................................... 386
HR 216-- Etowah High School Lady Eagles swim team; commend...................................................................................................... 386
HR 217-- English, Mrs. Tiffany; commend................................................................. 386
HR 218-- Johnson, Taylor R.; commend ..................................................................... 386
HR 219-- Cline, Beulah Cable; condolences ............................................................... 386
HR 220-- Bowles, Georgia Supreme Court Justice Jesse Groover, Jr.; condolences............................................................................................ 386
HR 221-- Armstrong Atlantic State University moot court team; commend...................................................................................................... 387
HR 222-- Bryant, Mr. Gerald; retirement; commend .................................................. 387
HR 223-- "Home Education Day" at the Capitol; recognize ....................................... 387
HR 224-- Elder, David; arrival in Georgia; bicentennial anniversary; recognize ................................................................................. 387
HR 225-- Family Day; state capitol; Feb. 10, 2007; gratitude to contributors; recognize ................................................................................ 387
HR 226-- China, People's Republic of; cooperation; Zhou Wenzhong; invite to House ................................................................. 397, 398
HR 227-- Dublin H.S. Fighting Irish football; '06 Class AA Champions; invite to House............................................................... 398, 1905
HR 228-- Sales and use tax; jet fuel; allocate funds for public-use airports - CA ........................................................................................ 424, 458
HR 229-- Kozak, Amanda; Miss Georgia; 2nd runner-up; 2006 Miss America pageant; commend ............................................................... 410
HR 230-- Norwood, U.S. Representative Charles Whitlow, Jr., D.D.S.; commend......................................................................................... 410
HR 231-- Willingham, Mr. Wright; condolences ........................................................ 410
HR 232-- GA Rural Health Association; "Rural Health Day"; February 13, 2007; recognize ...................................................................... 411
HR 233-- Professional Assoc. of Georgia Educators; "PAGE Day on Capitol Hill"; commend.......................................................................... 411
HR 234-- Black, Jeremy Daniel; Eagle Scout; commend............................................ 411
HR 235-- American Red Cross; American Red Cross Month in Georgia; March, 2007; commend ................................................................ 411

5240

INDEX

HR 236-- Chambers, Edward Sidney "Dick"; condolences......................................... 411
HR 237-- Maysville Autumn Leaf Festival, 2007; commend ..................................... 411
HR 238-- Lovejoy, Howard (Chip) Alford IV; commend........................................... 411
HR 239-- "Historic Preservation Day"; February 13, 2007; recognize...................................................................................................... 412
HR 240-- Kaiser Permanente of Georgia; commend................................................... 412
HR 241-- Municipalities; unincorporated areas; exercise zoning power - CA........................................................................................... 451, 510
HR 242-- Edgar Stamey Memorial Interchange; dedicate................................... 451, 510
HR 243-- Chambliss, U.S. Senator Saxby; commend and invite to House ........................................................................................... 435, 536, 540
HR 244-- Bona fide conservation use property; acreage restriction; remove - CA ...................................................................... 452, 510
HR 245-- Recycling services; commend; encourage highway construction to use recycled products.......................................... 452, 510, 905
HR 246-- Board of Regents; urge to establish intercollegiate wrestling programs ..................................................................... 452, 510, 638, 841
HR 247-- Sams, Ferrol A., Jr., M.D.; honor retirement; invite to House ........................................................................................... 435, 571, 579
HR 248-- Ralston, Mr. Dennis; commend ................................................................... 438
HR 249-- "Georgia Chamber of Commerce Business Day"; February 15, 2007; recognize ...................................................................... 438
HR 250-- Harpe, Walt; commend ................................................................................ 438
HR 251-- "Georgia Rides to the Capitol Day"; March 6, 2007; proclaim ....................................................................................................... 438
HR 252-- Milliken, Mrs. Annette; condolences........................................................... 438
HR 253-- Graffagnino, Ann; condolences .................................................................. 438
HR 254-- Davenport, Douglas William Wayne (Doug); commend ............................ 438
HR 255-- Cherry, Alan Richard; Eagle Scout; commend............................................ 439
HR 256-- Blue Ridge Mountain Adventure Race, 2007; recognize ............................ 439
HR 257-- Lipson, Dr. Robert Alan; condolences ................................................ 439, 577
HR 258-- Vietnamese community, GA; "Vietnamese Heritage and Freedom Flag"; commend.................................................... 463, 511, 540, 620
HR 259-- Moore, Mr. James "Red"; commend and invite to House ................... 464, 672
HR 260-- Mize, Beverly; commend............................................................................. 498
HR 261-- Partnership for Health and Accountability; commend ................................ 498
HR 262-- Callaway, Bo; lifetime of achievement and service; commend...................................................................................................... 499
HR 263-- Parker, Roy L. III; condolences................................................................... 499
HR 264-- Ogletree, Honorable Laverne; commend..................................................... 499

INDEX

5241

HR 265-- Duvall, Vincent "Zippy"; commend ............................................................ 499
HR 266-- Gaynor, Mr. Norris; retirement; commend.................................................. 499
HR 267-- Emergency Medical Services (EMS) Week; first responders; commend .................................................................................. 499
HR 268-- Carver State Bank; commend ...................................................................... 499
HR 269-- Bell, Blake Aaron; Eagle Scout; commend ................................................. 499
HR 270-- Carter, Bishop C.L., Sr.; First Lady Deborah V. Carter; commend...................................................................................................... 500
HR 271-- Soil and Water Conservation Districts; supervisors selection; express objection ................................................................. 508, 536
HR 272-- House Medical Device Study Committee; create................................ 509, 536
HR 273-- Congress; urge to end violence in Sudan.................................... 509, 536, 975, 1721
HR 274-- House Rules; Pledge of Allegiance to the Georgia Flag; provide ................................................................................................. 509, 536
HR 275-- "Dental Hygienists' Appreciation Day"; commend ..................................... 521
HR 276-- Castellaneta, Giovanni; Ambassador of Italy; recognize and invite to House ...................................................................... 519, 536, 540
HR 277-- Lott, Mr. Francis M.; commend and invite to House .................. 519, 536, 540
HR 278-- Banks and others; penalize for account deduction after notice; urge Congress........................................................................... 535, 570
HR 279-- Allison, Casey Glen; Outstanding Scholar; commend ................................ 521
HR 280-- Jones, Yoshana; Outstanding Scholar; Albany State University; commend................................................................................... 521
HR 281-- Hudson, Jaree; Outstanding Scholar; Armstrong Atlantic State University; commend............................................................ 521
HR 282-- Aniakou, Madje M.; Outstanding Scholar; Atlanta Metropolitan College; commend ................................................................. 522
HR 283-- King, Kira M.; Outstanding Scholar; Augusta State University; commend................................................................................... 522
HR 284-- Barlow, Ruby H.; Outstanding Scholar; Bainbridge College; commend ....................................................................................... 522
HR 285-- Sawyer, Nikki T.; Outstanding Scholar; Clayton State University; commend................................................................................... 522
HR 286-- Ringwald, Heather Rachael; Outstanding Scholar; commend...................................................................................................... 522
HR 287-- Fluke, Katherine Clair; Outstanding Scholar; Georgia Institute of Technology; commend.............................................................. 522
HR 288-- Spates, Harold Shane; Outstanding Scholar; Georgia Highlands College; commend...................................................................... 522
HR 289-- New, Cheryl Lynn; Outstanding Scholar; Georgia College; commend ....................................................................................... 523

5242

INDEX

HR 290-- Gunn, Kelli Leigh; Outstanding Scholar; Gainesville State University; commend.......................................................................... 523
HR 291-- Wingfield, Shanna D.; Outstanding Scholar; Fort Valley State University; commend.............................................................. 523
HR 292-- Hooks, Chelsie B.; Outstanding Scholar; East Georgia College; commend ....................................................................................... 523
HR 293-- Long, James; Outstanding Scholar; Darton College; commend...................................................................................................... 523
HR 294-- Pace, Cheri M.; Outstanding Scholar; Dalton State College; commend ....................................................................................... 523
HR 295-- Shorey, Sandra Joyce; Outstanding Scholar; Columbus State University; commend.......................................................................... 523
HR 296-- Loadholt, Justin Thomas; Outstanding Scholar; Georgia Perimeter College; commend ...................................................................... 524
HR 297-- Kanzler, Jennifer M.; Outstanding Scholar; Georgia Southern University; commend ................................................................... 524
HR 298-- Smith, Lindsey Leigh; Outstanding Scholar; Southwestern State University; commend................................................... 524
HR 299-- Brown, David; Outstanding Scholar; Georgia State University; commend................................................................................... 524
HR 300-- Schaffer, Autumn; Outstanding Scholar; Gordon College; commend ....................................................................................... 524
HR 301-- East, Michael Patrick; Outstanding Scholar; Kennesaw State University; commend.......................................................................... 524
HR 302-- Howell, Richard K.; Outstanding Scholar; Macon State College; commend ....................................................................................... 524
HR 303-- Shaw, Melissa Jean; Outstanding Scholar; Medical College of Georgia; commend..................................................................... 525
HR 304-- Brandon, Theodora Lee; Outstanding Scholar; Middle Georgia College; commend ......................................................................... 525
HR 305-- Swanson, Ophelia; 100th birthday; congratulate......................................... 525
HR 306-- Nguyen, Bao Tram; Outstanding Scholar; North Georgia College and State University; commend ....................................... 525
HR 307-- Hagedorn, Robert Michael Allen; Outstanding Scholar; commend...................................................................................................... 525
HR 308-- Chang, Yollande S.; Outstanding Scholar; commend ................................. 525
HR 309-- Jackson, Douglas Michael; Outstanding Scholar; University of Georgia; commend ................................................................ 525
HR 310-- Leslie, Logan Michael; Outstanding Scholar; University of West Georgia; commend ......................................................................... 526
HR 311-- Harper, Michael Wayne; Outstanding Scholar; South Georgia College; commend ......................................................................... 526
HR 312-- Smith, Jimmy M.; condolences ................................................................... 526

INDEX

5243

HR 313-- Leadership Clayton Class of 2007; commend ............................................. 526 HR 314-- Huff, Dr. Connie M.; commend................................................................... 526 HR 315-- Mize, Beverly; commend............................................................................. 526 HR 316-- Lewis, Ms. Laurie; commend ...................................................................... 526 HR 317-- Turner, Angela Della Costanza; commend.................................................. 526 HR 318-- Daugherty, Melissa K.; Outstanding Scholar; Valdosta
State University; commend.......................................................................... 527 HR 319-- Smith, Sarah B.; Outstanding Scholar; Waycross
College; commend ....................................................................................... 527 HR 320-- Sherald, Harriet Ethel; condolences ............................................................ 527 HR 321-- Edward Sidney "Dick" Chambers Memorial Highway;
dedicate ....................................................................................... 569, 613, 777, 1026
HR 322-- Joint Study Committee on Continuing Education and Collegiate Sports Programs for Students with Disabilities; create....................................................................... 569, 613, 776, 1450, 3783
HR 323-- Georgia Bioeconomic Development Commission; create ............................................................................................................ 569
HR 324-- Sherwood Baptist Church; "Facing the Giants"; commend...................................................................................................... 552
HR 325-- Georgia Chemistry; commend ..................................................................... 552 HR 326-- Pinion, Max; commend................................................................................ 553 HR 327-- Brock, Pastor Tony; commend .................................................................... 553 HR 328-- Cheeley, Margaret; commend...................................................................... 553 HR 329-- Maynard, Kyle; commend ........................................................................... 553 HR 330-- Murray, Mary; 85th birthday; congratulations ............................................ 553 HR 331-- Stone, Lauren; commend ............................................................................. 553 HR 332-- Adams, Pamela Bray; commend.................................................................. 553 HR 333-- Public health nurses of Georgia; commend ................................................. 553 HR 334-- Scott, David; condolences ........................................................................... 553 HR 335-- Newcomer, Tracey Hardy; commend.......................................................... 554 HR 336-- Dillard, Anna Marie; commend ................................................................... 554 HR 337-- Healan, Christina; commend ....................................................................... 554 HR 338-- Jones, Dean Cleveland; condolences........................................................... 554 HR 339-- Adams, Mrs. Juanita K.; commend ............................................................. 554 HR 340-- Hinkle, Lieutenant Colonel Michael J.; commend ...................................... 554 HR 341-- Faulkner-Holley, Gwendolyn; commend .................................................... 554 HR 342-- Kaplan, Mr. Dave; commend....................................................................... 554

5244

INDEX

HR 343-- Baker, Ray; Jefferson High School Star Student 20062007; commend............................................................................................ 555
HR 344-- Davis, Vicki A.; Flat Classroom Project; congratulate ............................... 555
HR 345-- Kittredge Magnet School for High Achievers; commend...................................................................................................... 555
HR 346-- World of Cheer; commend and invite to House ...................... 578, 1377, 1448
HR 347-- Greenbrier High School baseball team; commend and invite to House ..................................................................................... 579, 599
HR 348-- Roswell High School Hornets football team; commend and invite to House .............................................................................. 579, 599
HR 349-- Sgt. Kelley L. Courtney Interchange; dedicate.................................... 610, 655
HR 350-- Joint Study Committee on the State Health System; create ........................................................................................... 610, 655, 901, 3793
HR 351-- Joint Study Committee on Fulton County; create ...................... 611, 655, 659, 1343, 3489, 3964
HR 352-- House Study Committee on Eyewitness Identification Procedures; create ....................................................................... 611, 655, 904, 3795
HR 353-- Pugh, Mrs. Ethel Imogene Barker; condolences ......................................... 597
HR 354-- Warren, Bobby Deante; condolences .......................................................... 597
HR 355-- Davis, Mrs. Alberta; condolences................................................................ 597
HR 356-- Zoercher, Ms. Kate; Woman of the Year; commend................................... 597
HR 357-- Jones, Dean Cleveland; condolences........................................................... 597
HR 358-- Parker, Ms. Joanne; commend..................................................................... 597
HR 359-- Lamb, Justin; commend............................................................................... 597
HR 360-- Mulcahy, David; 2007 Prudential Spirit of Community Award; commend......................................................................................... 597
HR 361-- Cole, Mr. Lonnie; retirement; commend ..................................................... 598
HR 362-- Painter, Nikki; Georgia Art Education Association; commend...................................................................................................... 598
HR 363-- Sims, Deborah; Georgia Art Education Association; commend...................................................................................................... 598
HR 364-- Devine, Tiffany; Georgia Art Education Association; commend...................................................................................................... 598
HR 365-- Hunter, Tori; Georgia Art Education Association; commend...................................................................................................... 598
HR 366-- Wooten, Francis Lakey "Frank", Jr.; condolences ...................................... 598
HR 367-- Turner, Ms. Joan K.; commend ................................................................... 598
HR 368-- Sports, Joe & Dee; golden wedding anniversary; congratulate.................................................................................................. 598

INDEX

5245

HR 369-- Public property; authorize conveyance....................................... 611, 655, 777, 1322, 2667, 3334
HR 370-- Bibb, Cobb, Dougherty, Mitchell, Monroe and Troup Counties; lease property; authorize ............................................ 611, 656, 777, 1323, 2667, 3624
HR 371-- Cordele-Crisp County Fish Fry; commend.......................................... 599, 672
HR 372-- "Africa Day"; recognize and invite certain officials to House ........................................................................................................... 623
HR 373-- St. Patrick's Day Parade Committee; commend and invite to House ............................................................................. 623, 727, 728
HR 374-- Nonresidential property; ad valorem school taxes; annexation; provisions - CA ................................................................ 653, 715
HR 375-- House Study Committee on Prison System Terrorist Recruitment; create ..................................................................... 653, 715, 976, 3798
HR 376-- Portrait of Ms. Coretta Scott King; Capitol Arts Standards Commission; urge ............................................................... 612, 656
HR 377-- Wyatt, Jane Cardin; 2006-2007 Citizen of Excellence Award; commend......................................................................................... 632
HR 378-- Jackson, Marvin; commend ......................................................................... 633
HR 379-- Faircloth, Miss Brittanie Lenice; 2007 Georgia Watermelon Queen; commend .................................................................... 633
HR 380-- Youth Advocates for Georgia; foster care; commend ................................. 633
HR 381-- James, Primus T.; 5th Deputy; Orient of Georgia; commend...................................................................................................... 633
HR 382-- Wilson, Krystal; Heritage High School; perfect attendance; commend .................................................................................. 633
HR 383-- Parker, Hanna; Heritage High School; perfect attendance; commend .................................................................................. 633
HR 384-- Kendall, Mrs. Margaret Martin; condolences.............................................. 633
HR 385-- Newcomb, Ron; Smyrna City Councilman; commend ............................... 633
HR 386-- Williams, Cliff; Georgia State University College of Law student; commend................................................................................ 634
HR 387-- Sullivan, Nash Caldwell; birth; recognize ................................................... 634
HR 388-- Cucchi, Bob; commend................................................................................ 634
HR 389-- Branham, Robert "Pookie" III; condolences ............................................... 634
HR 390-- National Wildlife Federation's Earth Tomorrow program; commend ...................................................................................... 634
HR 391-- Hearn, Dorothy "Dolly"; posthumous Doctor of Dental Medicine degree; commend......................................................................... 634
HR 392-- Cowan, Mrs. Janet; 90th birthday; commend.............................................. 634
HR 393-- Fowles, Mrs. Janie Evans; condolences ...................................................... 634

5246

INDEX

HR 394-- Walton High School; commend................................................................... 635 HR 395-- Cleland, Mrs. Juanita Wilda Kesler; condolences ....................................... 635 HR 396-- Smalls, Cory Lee; commend........................................................................ 635 HR 397-- Pope High School; commend ...................................................................... 635 HR 398-- Hightower Trail Middle School; commend................................................. 635 HR 399-- O'Hara, Ryan M.; commend ........................................................................ 635 HR 400-- Smalls, Christopher M.; commend .............................................................. 635 HR 401-- East Side Elementary School; commend..................................................... 635 HR 402-- Brown, James; condolences......................................................................... 636 HR 403-- Murdock Elementary School; commend ..................................................... 636 HR 404-- Mount Bethel Elementary School; commend.............................................. 636 HR 405-- Dodgen Middle School; commend .............................................................. 636 HR 406-- Sope Creek Elementary School; commend ................................................. 636 HR 407-- Dickerson Middle School; commend .......................................................... 636 HR 408-- Timber Ridge Elementary School; commend.............................................. 636 HR 409-- Tritt Elementary School; commend............................................................. 637 HR 410-- Shallowford Falls Elementary School; commend ....................................... 637 HR 411-- Insurance companies in Georgia; certain drivers;
provide discounted rates on automobile policies; urge ....................... 653, 715 HR 412-- Joint Study Committee on Layperson Training in
Automated External Defibrillators; create................................ 654, 715, 1852, 3799
HR 413-- English; official language of the State of Georgia; declare - CA ......................................................................................... 654, 715
HR 414-- SFC Nathan B. Simmons and SSGT James Q. Simmons Memorial Bridge; dedicate .................................................................. 654, 715
HR 415-- Government of Turkey; urge to grant the Ecumenical Patriarch international recognition ........................................... 654, 715, 1798, 1900
HR 416-- "Catholic Day at the Capitol"; February 27, 2007; recognize.............................................................................................. 670, 672
HR 417-- Brown, James; honor and invite family to House ....................... 670, 672, 673 HR 418-- Perry, Tyler; commend and invite to House................................................ 673 HR 419-- Lakeside High School golf team; commend and invite
to House ....................................................................................................... 673 HR 420-- Congress and President of the United States; 20 U.S.C.
Section 1091(r); urge to repeal ............................................................ 713, 790 HR 421-- Real estate transfer tax and intangible recording tax;
increases; authorize - CA..................................................................... 713, 790 HR 422-- House Climate Study Committee; create............................................. 714, 790

INDEX

5247

HR 423-- Billy Lancaster Memorial Highway; dedicate............................ 714, 790, 905, 1553
HR 424-- House Study Committee on the Power of Arrest and Peace Officer Certification in Georgia; create............................. 714, 790, 905
HR 425-- House Study Committee on Tanning Salon Consumer Protection; create ...................................................................... 714, 790, 1852, 4256
HR 426-- Joint Higher Education Finance and Formula Study Committee; create ........................................................................ 714, 790, 902
HR 427-- House Self-employment Assistance Program; create............... 715, 790, 1999, 3803
HR 428-- Batchelor, Sherri; commend ........................................................................ 691 HR 429-- Jones, Thomas; commend............................................................................ 691 HR 430-- Pursley, Gus III; commend .......................................................................... 692 HR 431-- Rouse, Harry; commend .............................................................................. 692 HR 432-- Hess, Gary; commend.................................................................................. 692 HR 433-- Daniel, Randy; commend ............................................................................ 692 HR 434-- Holston, Bernard, Sr.; commend ................................................................. 692 HR 435-- Lyle, Terry; commend ................................................................................. 692 HR 436-- Tuttle, Rhonda; commend ........................................................................... 692 HR 437-- Butler, Jon; commend .................................................................................. 692 HR 438-- Crawford, Linda R.; commend .................................................................... 692 HR 439-- Hurt, Patricia; commend .............................................................................. 693 HR 440-- Spears, Megan; commend............................................................................ 693 HR 441-- Rowland, Mike; commend........................................................................... 693 HR 442-- Orban, Carillon; commend .......................................................................... 693 HR 443-- Hunt, Marsha; commend ............................................................................. 693 HR 444-- Rodewolt, Daniel; commend ....................................................................... 693 HR 445-- Dixon, Ann; commend................................................................................. 693 HR 446-- Sanders, Gary; commend............................................................................. 693 HR 447-- Vining, Cindy; commend............................................................................. 693 HR 448-- Day, Britt; commend.................................................................................... 694 HR 449-- Trejo, Enrique A. Herna'ndez; commend .................................................... 694 HR 450-- Clark, Rick; commend ................................................................................. 694 HR 451-- Mauldin, Candice; commend....................................................................... 694 HR 452-- Jaquier, Allison; commend .......................................................................... 694 HR 453-- Little, Hiram A. (Joe); 2007 Distinguished Senior
Georgian; commend..................................................................................... 694 HR 454-- White, Laura; 2007 Prudential Spirit of Community
Award; commend......................................................................................... 694

5248

INDEX

HR 455-- Riverside Military Academy swim team; commend ................................... 694
HR 456-- Rice, William D. "Billy", Jr.; condolences ................................................. 695
HR 457-- "Senior Week at the Capitol"; February 26 through March 4, 2007; recognize ............................................................................ 695
HR 458-- Sims, Jena; 2007 Prudential Spirit of Community Award; commend......................................................................................... 695
HR 459-- Thompson, Shadie; commend ..................................................................... 695
HR 460-- Duffey, Jefferson; commend ....................................................................... 695
HR 461-- Crosswhite, Ginger; Barrow County Teacher of the Year; commend............................................................................................ 695
HR 462-- Alden, John Charles; condolences............................................................... 695
HR 463-- Hancock, Ms. Louise Russell; 2007 Distinguished Senior Georgian; commend ......................................................................... 695
HR 464-- Thomas, Lee; Chairman of the Governor's Energy Policy Council; commend............................................................................ 696
HR 465-- O'Hara, Ryan M.; commend ........................................................................ 696
HR 466-- "Rachel Carson Day"; May 27, 2007; recognize......................................... 727
HR 467-- Peach County High School Trojans football team; commend and invite to House ............................................................. 727, 728
HR 468-- Sheriff D. J. Connell Memorial Highway; dedicate .................. 787, 899, 2636
HR 469-- Charles and Mary Cowart Bypass; designate portion of SR 45 Alternate.................................................................................... 787, 899
HR 470-- Education, Department of; State Board; reporting requirements; encourage review .......................................................... 788, 899
HR 471-- Coastal Georgia Beach Preservation Trust Fund; create - CA...................................................................................................... 788, 899
HR 472-- Foster care organizations; commend and invite leadership to House...................................................................................... 746
HR 473-- Adjournment; relative to...................................................................... 767, 827
HR 474-- Richards, Gabrielle; commend .................................................................... 746
HR 475-- Taiwan; participation with international organizations; express cooperation...................................................................................... 746
HR 476-- Jones, Jonathan Cory; commend ................................................................. 747
HR 477-- Ferguson, Sheryl; 2008 W.C. Britt Elementary Teacher of the Year; commend.................................................................................. 747
HR 478-- Sumpter, Deb; 2008 Brookwood High School Teacher of the Year; commend.................................................................................. 747
HR 479-- Suender, Jeannie; 2008 Brookwood Elementary Teacher of the Year; commend.................................................................... 747
HR 480-- Hand, Carson; commend ............................................................................. 747
HR 481-- Dempsey, Ms. Maenell Dixon; condolences ............................................... 747

INDEX

5249

HR 482-- Goad, Perry; condolences ............................................................................ 747 HR 483-- Mason, Ric; condolences ............................................................................. 748 HR 484-- Teems, Greg; Artist of the Year; Rockmart Civic Arts
Commission; commend ............................................................................... 748 HR 485-- White, Reverend Robert Clay, Jr.; commend .............................................. 748 HR 486-- Graetz, Miss Jillian; Miss Georgia American Beauty
Pageant; commend....................................................................................... 748 HR 487-- Baugh, Mr. Howard, Sr.; condolences......................................................... 748 HR 488-- Clark, Nancy; commend .............................................................................. 748 HR 489-- Lively, Mr. Ralph; condolences................................................................... 748 HR 490-- Riley, Janice A.; service in community action;
commend...................................................................................................... 748 HR 491-- Butler, Mr. and Mrs. Delano; fiftieth wedding
anniversary; commend................................................................................. 749 HR 492-- First Presbyterian Day School Cross Country Team,
2006; commend............................................................................................ 749 HR 493-- Smith, Mr. Harold Arthur; condolences ...................................................... 749 HR 494-- United Parcel Service (UPS); centennial; contributions
to Georgia; commend................................................................................... 749 HR 495-- Sumner, Robert Duncan; commend............................................................. 749 HR 496-- Smoak, Cameron; commend........................................................................ 749 HR 497-- Beggs, Mr. Sammy Jackson; condolences................................................... 749 HR 498-- Pruitt, Mr. William Oscar "Cedric", Sr.; condolences................................. 750 HR 499-- Brown, Mr. Thomas Watson, Sr.; condolences ........................................... 750 HR 500-- Hutchins, Fred; condolences........................................................................ 750 HR 501-- Wingo, Mrs. Dorothy Lowe; condolences................................................... 750 HR 502-- Mosley, Dr. James Clarence, Jr.; condolences ............................................ 750 HR 503-- Jones County, Georgia; 200th anniversary; celebrate ................................. 750 HR 504-- Moore, Robert L.; commend ....................................................................... 750 HR 505-- Patterson, Emma Kaitlynn; birth; celebrate................................................. 750 HR 506-- Celebrate Life International; Teach One to Lead One
program; commend ...................................................................................... 751 HR 507-- R.E.M.; Rock & Roll Hall of Fame; Georgia Music
Hall of Fame; commend .............................................................................. 751 HR 508-- House Study Committee on the University System of
Georgia's Intellectual Property Rights Management; create ............................................................................................ 788, 899, 902 HR 509-- Transportation Trust Fund; create - CA............................................... 898, 990 HR 510-- Golden, Dr. Willie "Bill"; commend and invite to House ....................................................................................... 841, 1377, 1449 HR 511-- Joint Study Committee on Local Government; create............... 790, 899, 1376

5250

INDEX

HR 512-- Joint Study Committee on State Health Benefit Plan Design; create ........................................................................... 790, 899, 1376, 3804
HR 513-- 24th Annual Association of Educators Legislative Conference; recognize ................................................................................. 850
HR 514-- Georgia Optometric Association; InfantSEE program; commend...................................................................................................... 850
HR 515-- Kenney, Illai; commend............................................................................... 850
HR 516-- Georgia Great Steak Cook-off Championship competition; recognize................................................................................. 850
HR 517-- National Guard Day in Georgia; GA Army and Air National Guard; recognize ........................................................................... 850
HR 518-- Jefferson High School wrestling team; Class A champions; commend .................................................................................. 850
HR 519-- Nicholson, City of; centennial; celebrate..................................................... 851
HR 520-- Leadership Academy for Girls; Oprah Winfrey; commend...................................................................................................... 851
HR 521-- Gooch, Karen Peck; commend and invite to House................ 857, 1799, 1817
HR 522-- Ferraro, Geraldine Anne; commend ............................................................ 887
HR 523-- Local school systems; honor Veterans' Day; urge.................... 898, 990, 1013, 1788
HR 524-- Gerald Dasher Memorial State Farmers' Market; dedicate ..................................................................................... 898, 990, 1032, 1556, 3783
HR 525-- World of Cheer; 2007 Cheersport Nationals; commend and invite to House .................................................................. 887, 1377, 1449
HR 526-- Lt. Carl Kelly Memorial Highway; dedicate ....................................... 898, 990
HR 527-- Employment agreements; restrictive covenants; allow modification by court - CA.................................................................. 899, 990
HR 528-- Pro Cheer Junior Coed and Senior All-Girl teams; commend and invite to House ................................................. 922, 1885, 1900
HR 529-- Georgia State Patrol; 70th anniversary; commend ...................................... 967
HR 530-- "Delta Sigma Theta Day"; commend and invite sorority representatives to House .............................................................................. 922
HR 531-- Ralph Lively Memorial Highway; dedicate ........................... 988, 1375, 2636, 3441
HR 532-- Collins Hill High School Eagles girls basketball; commend and invite to House ........................................................... 922, 1905
HR 533-- Wilkins, Dominique; basketball legend; commend and invite to House ......................................................................... 922, 1377, 1449
HR 534-- Emergency 9-1-1 Assistance Fund; certain revenue dedication; authorize - CA....................................................... 989, 1375, 1926

INDEX

5251

HR 535-- Kozak, Amanda; Miss Georgia 2006; commend and invite to House ........................................................................... 929, 991, 1007
HR 536-- Paramount right to life; human beings; provisions - CA................... 989, 1375 HR 537-- Hughes, Mrs. Mary Sallie Clark; commend ................................................ 967 HR 538-- Gwendolyn Keyes Fleming; DeKalb County District
Attorney; commend ..................................................................................... 967 HR 539-- Jesup High School baseball team; 1967 State
Champion; commend................................................................................... 967 HR 540-- Hatfield, Lt. Gary; Joel Vandiver; Ken Clark; Sterling
Strickland; Chris Boykin; commend ........................................................... 967 HR 541-- Punchline Comedy Club; 25th anniversary; commend ............................... 967 HR 542-- Willis, Thomas; commend........................................................................... 968 HR 543-- Wayne County Sports Hall of Fame; commend .......................................... 968 HR 544-- Chamblee, Mr. Clarence Clayborn "Clay" III;
condolences.................................................................................................. 968 HR 545-- "Boys & Girls Club Day in Georgia"; March 23, 2007;
recognize...................................................................................................... 968 HR 546-- Putnam County; bicentennial; commend..................................................... 968 HR 547-- LaMattina, John; commend ......................................................................... 968 HR 548-- Ellwood, Marti; commend ........................................................................... 968 HR 549-- Caldwell, Kris; commend ............................................................................ 968 HR 550-- Gregory, Mandy; commend......................................................................... 968 HR 551-- Kachmar, Charles; commend....................................................................... 969 HR 552-- Britt, Brigette; commend ............................................................................. 969 HR 553-- Jackson, Monique; commend ...................................................................... 969 HR 554-- McBride, Willie Howard; celebrate life ...................................................... 969 HR 555-- Fowler, Alan; commend .............................................................................. 969 HR 556-- Foor, Miss Hannah Rachel; commend......................................................... 969 HR 557-- Victor, Mr. John Walter; commend............................................................. 969 HR 558-- Council on American Indian Concerns; commend...................................... 969 HR 559-- Kozak, Amanda; congratulate ..................................................................... 970 HR 560-- Morton, Bishop Paul Sylvester, Sr.; commend............................................ 970 HR 561-- Vandiver, Russell; commend....................................................................... 970 HR 562-- Lake Lanier; 50th anniversary; commend ................................................... 970 HR 563-- Ninth District Opportunity; commend......................................................... 970 HR 564-- Hosti, Charles J.; condolences ..................................................................... 970 HR 565-- McGlohon, Mr. John; Mrs. Mary Frances Dubberly
McGlohon; commend .................................................................................. 970 HR 566-- Freeman, Janice Ann Dalton; condolences.................................................. 970 HR 567-- Hayes, Dewey N., Sr.; condolences............................................................. 971

5252

INDEX

HR 568-- University of West Georgia Coed Cheerleading Squad; commend...................................................................................................... 971
HR 569-- University of West Georgia Cheerleading Teams; commend...................................................................................................... 971
HR 570-- University of West Georgia All-Girl Cheerleading Squad; commend.......................................................................................... 971
HR 571-- Dahlonega Gold Museum; commend .......................................................... 971
HR 572-- Payne, Benjamin Curtis; commend ............................................................. 971
HR 573-- Clayton County STAR students and STAR teachers; commend...................................................................................................... 971
HR 574-- Price, Thomas A.; commend ....................................................................... 972
HR 575-- Marshpoint Elementary School; commend ................................................. 972
HR 576-- University of West Georgia Advocates Program; commend...................................................................................................... 972
HR 577-- Morgan County; bicentennial anniversary; commend................................. 972
HR 578-- Powell, Tonya; commend ............................................................................ 972
HR 579-- Welsh, Luther; Thomson H.S. football; 300th win; commend...................................................................................................... 972
HR 580-- Warthen, Sherika; commend ....................................................................... 972
HR 581-- Hight, James Preston "Jimmy"; condolences .............................................. 972
HR 582-- Dzimianski, Lisa; commend ........................................................................ 973
HR 583-- Curtis, Rev. Paul David; condolences ......................................................... 973
HR 584-- Morlan, Becky; 2008 J.A. Maxwell Elem. School Teacher of the Year; commend.................................................................... 973
HR 585-- Newsome, Beth; 2008 Thomson Middle School Teacher of the Year; commend.................................................................... 973
HR 586-- Hunter, Kimberly; 2008 Thomson Elem. School Teacher of the Year; commend.................................................................... 973
HR 587-- Dudley, Robin; 2008 Thomson High School Teacher of the Year; commend...................................................................................... 973
HR 588-- Arrington, Christa; 2008 Dearing Elem. School Teacher of the Year; commend.................................................................................. 973
HR 589-- Savannah Arts Academy's Silver Winds Ensemble; commend...................................................................................................... 973
HR 590-- Melson, Reverend Clinton L.; commend..................................................... 974
HR 591-- Tift County High School Future Farmers of America; commend...................................................................................................... 974
HR 592-- Local boards of education; reimburse governing authority; certain elections; require - CA .......................................... 989, 1375
HR 593-- Chaney, Kayla; commend and invite to House ............................... 1007, 1905
HR 594-- Graham, Paul; commend and invite to House ....................... 1007, 1905, 1906

INDEX

5253

HR 595-- House; amend Rules ............................................................... 989, 1031, 1250, 1252
HR 596-- House Study Committee on the Need for Improving Available Remedies for Defending Against Frivolous and Malicious Litigation; create ...................................................... 1374, 1749
HR 597-- Ad valorem tax; retail furniture businesses; inventories; provide exemption - CA .................................................................. 1374, 1749
HR 598-- Knight, Charles Lindbergh; condolences .................................................. 1032
HR 599-- King, Evan Wesley; condolences .............................................................. 1032
HR 600-- Mayfield, Prentis; condolences.................................................................. 1032
HR 601-- Atkinson, Owen Alfred; condolences........................................................ 1032
HR 602-- Brown, Thomas Dixon "T.D."; commend ................................................. 1032
HR 603-- HoneyBaked Ham Company; commend ................................................... 1032
HR 604-- DeLoach, Graham; commend .................................................................... 1032
HR 605-- State government; impose unfunded mandates on local government; prohibit - CA............................................................... 1374, 1749
HR 606-- West GA Wolverines wheelchair basketball team; commend and invite to House ............................................... 1250, 1854, 1871
HR 607-- Manchester H.S. Blue Devils basketball team; commend and invite to House ................................................................... 1250
HR 608-- Manchester H.S. Blue Devils basketball team; commend and invite to House ............................................... 1250, 1854, 1871
HR 609-- House Study Committee on Prepaid Telecommunications Homeland Security Interests; create ..................................................................................... 1374, 1749, 3532, 4256
HR 610-- Ratchford, Neil; commend......................................................................... 1359
HR 611-- Nease, Lawton McDonald, Jr.; commend ................................................. 1360
HR 612-- Green, Reverend Eugene; commend ......................................................... 1360
HR 613-- Jarrad, Robert Thomas "Tommy"; condolences ........................................ 1360
HR 614-- Orange, Pamela Aquica; condolences ....................................................... 1360
HR 615-- Dukes, Kevin Gemario; condolences ........................................................ 1360
HR 616-- Benton, Reverend Michael; commend ...................................................... 1360
HR 617-- Friedmann, Dr. Robert R.; Georgia State University; commend.................................................................................................... 1360
HR 618-- Milton High School Girls Lacrosse Team; commend and invite to House ................................................................ 1361, 1377, 1449
HR 619-- Jekyll Island Authority; to protect south end of Jekyll Island from development; urge........................................................ 1748, 1797
HR 620-- Banks, Carrington; commend and invite to House.................................... 1450

5254

INDEX

HR 621-- East Hall High School girls basketball team; commend and invite to House ................................................................ 1460, 2002, 2016
HR 622-- Bartley, John Walker; birth; celebrate ....................................................... 1544
HR 623-- Vaswani, Dada J.P.; commend .................................................................. 1544
HR 624-- Reynolds, Morgan Elizabeth; condolences................................................ 1544
HR 625-- Campbell High School's Advanced Placement Certified School status; recognize............................................................................. 1545
HR 626-- Campbell Middle School's Advanced Placement Certified School status; recognize ............................................................. 1545
HR 627-- Lindley Middle School's Advanced Placement Certified School status; recognize............................................................................. 1545
HR 628-- Herron, Johnny; commend......................................................................... 1545
HR 629-- Head, Donovan; commend ........................................................................ 1545
HR 630-- Alpharetta Elementary School building; 50th anniversary; celebrate ................................................................................ 1545
HR 631-- Rome Symphony Orchestra; 85th anniversary celebration; commend................................................................................ 1545
HR 632-- Fludd, Brendon Kelly; high school graduation; commend.................................................................................................... 1545
HR 633-- Wilkinson County High School Warriors boys basketball; congratulate ............................................................................. 1546
HR 634-- McMichael, Miss Bliss; Georgia's Junior Miss; commend.................................................................................................... 1546
HR 635-- Dublin High School Fighting Irish football team; congratulate................................................................................................ 1546
HR 636-- Lovern, Ed; president and CEO of Piedmont Mountainside Hospital; commend............................................................. 1546
HR 637-- Farriba, Alex; commend ............................................................................ 1546
HR 638-- Ferrara, Maj. Vincent (Ret.); commend..................................................... 1546
HR 639-- Imagine Wesley International Academy; commend ................................. 1546
HR 640-- Edwards, Linda; commend ........................................................................ 1546
HR 641-- Bahl, Roy; commend ................................................................................. 1547
HR 642-- Marshall, Nancy; recognize ....................................................................... 1547
HR 643-- Hancock County Class C boys basketball All Star Team; commend ........................................................................................ 1547
HR 644-- Red Ribbon Week in Franklin County; organizers; commend.................................................................................................... 1547
HR 645-- Brown, George Truitte; condolences......................................................... 1547
HR 646-- Burns, Lonnie Rondall; condolences......................................................... 1547
HR 647-- Stratford Academy Eaglettes cross country team; commend.................................................................................................... 1547

INDEX

5255

HR 648-- Mearon, Julie; Shiloh High School Teacher of the Year; commend.................................................................................................... 1547
HR 649-- Kennesaw State University Owls ice hockey team; commend.................................................................................................... 1548
HR 650-- Hood, Paul Charles "Charlie"; commend .................................................. 1548
HR 651-- Brumby, Martha Lee Pratt; commend ....................................................... 1548
HR 652-- Cain, Heather; Shiloh Elementary School Teacher of the Year; commend.................................................................................... 1548
HR 653-- Crozier, Justin; commend .......................................................................... 1548
HR 654-- Stockbridge High School Tigers wrestling team; commend.................................................................................................... 1548
HR 655-- Rose, Cindy Apley; Shiloh Middle School Teacher of the Year; commend.................................................................................... 1548
HR 656-- Rothell, Donna D.; South Gwinnett High School Teacher of the Year; commend.................................................................. 1549
HR 657-- Griffin, Cathy; Snellville Middle School Teacher of the Year; commend.......................................................................................... 1549
HR 658-- Hunter, Coach Dave; congratulate............................................................. 1549
HR 659-- Pedde, Mr. Bob; congratulate .................................................................... 1549
HR 660-- Larke, Dr. Charles G.; Richmond County; commend ............................... 1549
HR 661-- Scharioth, Dr. Klaus; Ambassador of the Federal Republic of Germany; recognize ............................................................... 1549
HR 662-- House Georgia Bioeconomic Development Study Committee; create ................................................................. 1748, 1797, 1854, 3806
HR 663-- House Study Committee on Pain Management; create ........ 1748, 1797, 1998, 3811
HR 664-- Tucker H.S. Tigers boys varsity basketball team; commend and invite to House ............................................... 1670, 1750, 1788
HR 665-- Northview High School girls swim and dive team; commend and invite to House ............................................... 1787, 1905, 1906
HR 666-- House Study Committee on a Flexible Work Week; create ..................................................................................... 1796, 1852, 1999, 3813
HR 667-- Clayton State University Lady Lakers; commend and invite to House ....................................................................... 1787, 1885, 1900
HR 668-- House Study Committee on Medical Education; create ....... 1796, 1852, 2699, 3814
HR 669-- Fuller, Martha; condolences ...................................................................... 1790
HR 670-- Mountain View Personal Care Home; commend ...................................... 1790
HR 671-- Ball, Professor Milner S.; commend.......................................................... 1790

5256

INDEX

HR 672-- David Emanuel Academy Eagles basketball team; commend.................................................................................................... 1791
HR 673-- Oxford, Clifford; condolences ................................................................... 1791 HR 674-- Hyatt Regency Atlanta; 40th anniversary; recognize ................................ 1791 HR 675-- Hallstrom, Barbara; commend................................................................... 1791 HR 676-- Jones, Private First Class Christopher Allen; commend ........................... 1791 HR 677-- Franklin County 4-H Horsemanship Team; commend.............................. 1791 HR 678-- Harper, Shirley Ann; Max Harper; Doorkeepers;
congratulate................................................................................................ 1791 HR 679-- Harris, John W. III; commend ................................................................... 1792 HR 680-- "Liturgical Dance Day"; International Dance
Commission; commend ............................................................................. 1792 HR 681-- Jones, Sam; commend................................................................................ 1792 HR 682-- HomeLife Communities; commend .......................................................... 1792 HR 683-- Medley, William Donald; condolences ..................................................... 1792 HR 684-- Lyons, David L.; Chief of Police; Garden City Police
Department; commend............................................................................... 1792 HR 685-- Smith, Mr. Gray; commend ....................................................................... 1817 HR 686-- Coretta Scott King Day; Georgia; declare ................................................. 1817 HR 687-- Howard, Emmie Claire; Reagan Elizabeth Hardy;
commend.................................................................................................... 1845 HR 688-- Security and Prosperity Partnership of North America;
urge Congress to withdraw .............................................................. 1851, 1884 HR 689-- Gordon, Susan; commend and invite to House ......................................... 1817 HR 690-- Little, Iyonna; recognize ............................................................................ 1845 HR 691-- Easley, Jimmy; commend .......................................................................... 1845 HR 692-- Pack, Linda; commend .............................................................................. 1845 HR 693-- Effingham Chamber of Commerce; commend.......................................... 1846 HR 694-- New Hope International; commend........................................................... 1846 HR 695-- Holcolm, Gary; commend ......................................................................... 1846 HR 696-- Duvall, John; commend ............................................................................. 1846 HR 697-- Duvall, Zeb; commend .............................................................................. 1846 HR 698-- Dowdy, Daniel; commend ......................................................................... 1846 HR 699-- Bingham, Paul; commend.......................................................................... 1846 HR 700-- Miller, Cha-Quias; commend .................................................................... 1846 HR 701-- Morrison, Bonnie; commend ..................................................................... 1847 HR 702-- Reddick, Daniel; commend........................................................................ 1847 HR 703-- Schmidt, Christine; commend ................................................................... 1847 HR 704-- Stewart, Brenda; commend........................................................................ 1847

INDEX

5257

HR 705-- General John Brown Gordon memorial statue; 100th anniversary; celebrate ................................................................................ 1847
HR 706-- Watts, Buddy; commend ........................................................................... 1847
HR 707-- Brown, Robyn; commend .......................................................................... 1847
HR 708-- Byrd, Lu Frier; commend .......................................................................... 1847
HR 709-- Clark, Thad; commend .............................................................................. 1848
HR 710-- Duthler, Samantha; commend ................................................................... 1848 HR 711-- Estes, Robert; commend ............................................................................ 1848
HR 712-- Hollis, Nellie; commend ............................................................................ 1848
HR 713-- Hunter, Nancy; commend .......................................................................... 1848
HR 714-- Jaquier, Allison; commend ........................................................................ 1848
HR 715-- Massey, Bob; commend............................................................................. 1848
HR 716-- McCabe, Michael; commend..................................................................... 1848 HR 717-- Jonesboro High School mock trial team, 2007;
commend and invite to House ................................................................... 1871 HR 718-- Goddard, Bruce; commend and invite to House.................... 1871, 1885, 1900
HR 719-- State of Georgia; strategic business framework; tourism and trade; urge ................................................................................. 1883, 1923
HR 720-- House Study Committee on the Funeral Service Profession; create.................................................................. 1883, 1923, 2699, 4258
HR 721-- House Study Committee to incentivize indigent health care by physicians; create ..................................................... 1884, 1923, 1998, 3816
HR 722-- Norcross Elementary School's Empty Bowls dinner; recognize.................................................................................................... 1875
HR 723-- Poston, Calvin Sumners; United States Citizenship attainment; commemorate ......................................................................... 1875
HR 724-- Foxhound, July; historical marker; Hancock County; recognize.................................................................................................... 1875
HR 725-- Leslie, Melvin, Sr.; condolences................................................................ 1876 HR 726-- Richt, Head Coach Mark; University of Georgia
Bulldogs football; commend...................................................................... 1876 HR 727-- Trinity Christian School girls basketball team, 2006-
2007; commend.......................................................................................... 1876 HR 728-- Thomas, Olivia; 100th birthday; congratulate ........................................... 1876
HR 729-- Soy Unica Soy Latina Rally and Celebration; recognize .......................... 1876
HR 730-- Abbott, Matthew Clements; Eagle Scout; commend................................. 1876
HR 731-- Jones, Alfred W., Jr.; condolences ............................................................ 1876 HR 732-- Fitch, Frank, Jr.; honor............................................................................... 1876
HR 733-- Vaughn, Judge Clarence Roland, Jr.; condolences.................................... 1877

5258

INDEX

HR 734-- Dodge County High School Japanese language classes; congratulations........................................................................................... 1900
HR 735-- Hawkinsville High School Red Devils girls basketball team; commend.......................................................................................... 1900
HR 736-- Kasbekar, Shoman; State Spelling Bee Champion; commend.................................................................................................... 1902
HR 737-- Parkview High School; commend ............................................................. 1902
HR 738-- Gaynor, Mr. Norris; commend .................................................................. 1902
HR 739-- Perry, Corporal Greg; Snellville Police Department; commend.................................................................................................... 1902
HR 740-- Breck, Rebekah Lynn; commend .............................................................. 1903
HR 741-- Norcross High School Blue Devils basketball team; commend.................................................................................................... 1903
HR 742-- Long, Sean Thomas; commend ................................................................. 1903
HR 743-- Wilbanks, Veronica (Nicky) Lacey; commend ......................................... 1903
HR 744-- Selph, Corporal Benji; Garden City Police Department; commend.................................................................................................... 1903
HR 745-- Tolle, Officer Bill; Garden City Police Department; commend.................................................................................................... 1903
HR 746-- Willcoxon, Officer Mathew; Garden City Police Department; commend............................................................................... 1903
HR 747-- Owens, Star Corporal Reginald; Savannah Metropolitan Police Department; commend.................................................................... 1903
HR 748-- Dighton, Alan; New London School of Driving; commend.................................................................................................... 1904
HR 749-- Burnette, James; commend ........................................................................ 1904
HR 750-- Parole Reporting Center; commend........................................................... 1904
HR 751-- Fayette County Branch; N.A.A.C.P.; tenth anniversary; commend.................................................................................................... 1904
HR 752-- Greater Atlanta Christian School Spartans girls' basketball team; congratulate .................................................................... 1904
HR 753-- Gainesville Church of God; 75th anniversary; congratulate................................................................................................ 1904
HR 754-- Christian Beginnings Preschool and Kindergarten; commend.................................................................................................... 1904
HR 755-- Taylor, Mike; condolences ........................................................................ 1904
HR 756-- White, Coach Sharman; commend ............................................................ 1987
HR 757-- Diabetes in Georgia; urge Georgia Department of Community Health to increase efforts............................................. 1923, 1997
HR 758-- Georgia Board of Nursing; reducing nursing shortage; urge to consider method................................................................... 1996, 2647
HR 759-- American Legion Post 105; commend ...................................................... 1987

INDEX

5259

HR 760-- Clergy Day at the Georgia State Capitol; commend ................................. 1987 HR 761-- Blairsville Scottish Festival and Highland Games;
commend.................................................................................................... 1987 HR 762-- Absher, John Hall, Jr.; Eagle Scout; commend ......................................... 1987 HR 763-- Knieriem, Jacob; commend ....................................................................... 1987 HR 764-- Banks, Carrington; commend .................................................................... 1987 HR 765-- Caribbean American Heritage Month; recognize ...................................... 1987 HR 766-- Watkins, Hardin; commend ....................................................................... 1987 HR 767-- Patterson, Bishop G.E.; remember ............................................................ 1988 HR 768-- Williams, Sammie Elizabeth; commend.................................................... 1988 HR 769-- Carter, Doreen; commend.......................................................................... 1988 HR 770-- Douglass, Sunday; commend..................................................................... 1988 HR 771-- McKandes, Chrystele; commend............................................................... 1988 HR 772-- Jones, Carlos; commend ............................................................................ 1988 HR 773-- Collins, Dr. Hamilton; commend............................................................... 1988 HR 774-- Thomas, Wendy; commend ....................................................................... 1988 HR 775-- Nelson, Andrea; commend ........................................................................ 1989 HR 776-- Conklin, Vincent; commend ...................................................................... 1989 HR 777-- Mattox, Antonio; commend....................................................................... 1989 HR 778-- Jones, Ellen; commend .............................................................................. 1989 HR 779-- Lewis, Lena; commend.............................................................................. 1989 HR 780-- McIntosh County Public Schools Golden Rule Award
Winners; commend .................................................................................... 1989 HR 781-- Flowers, Mrs. Clara Mae; congratulate ..................................................... 1989 HR 782-- Carlan, Sarah; commend............................................................................ 1989 HR 783-- Clayton State University Lakers Men's basketball team;
commend.................................................................................................... 1989 HR 784-- Mercier, Sandra H.; commend................................................................... 1990 HR 785-- Stroud, Howard Burnette; condolences ..................................................... 1990 HR 786-- Ingram-Ephraim, Ms. Yvonne; condolences ............................................. 1990 HR 787-- Ingram-Ephraim, Ms. Yvonne; condolences ............................................. 1990 HR 788-- Massey, Dr. Walter E.; commend.............................................................. 1990 HR 789-- Reeves, Anthony L.; commend ................................................................. 1990 HR 790-- House Study Committee on Chronic Kidney Disease;
create ..................................................................................... 1996, 2647, 2699, 3817
HR 791-- House Study Committee on Georgia's Pre-K Program; create ................................................................................................ 2646, 2705
HR 792-- Ward, J. Coleman and Dolores J.; 50th wedding anniversary; commend............................................................................... 2257

5260

INDEX

HR 793-- St. Simons Elem. School; Glynn County Golden Rule Award winners; commend ......................................................................... 2257
HR 794-- Golden Isles Elem. School; Glynn County Golden Rule Award winners; commend ......................................................................... 2257
HR 795-- Altama Elementary School; Glynn County Golden Rule Award winners; commend ......................................................................... 2257
HR 796-- Third Day; commend ................................................................................. 2258 HR 797-- Clarkston International Chaplains Corps; commend................................. 2258 HR 798-- Glyndale Elementary School; Glynn County Golden
Rule Award winners; commend ................................................................ 2258 HR 799-- Valdosta/Lowndes Teens Against Bullying Day;
recognize.................................................................................................... 2258 HR 800-- Ezell, Pastors Reginald and Wanta'; commend ......................................... 2258 HR 801-- Kilpatrick, Charles Willard; condolences.................................................. 2258 HR 802-- Akin, Lonzo Judson; condolences ............................................................. 2258 HR 803-- Holmes, Kyle Alan; commend .................................................................. 2259 HR 804-- HoneyBaked Ham; commend.................................................................... 2259 HR 805-- Lochbaum, Vickie; Legislative Fiscal Office;
retirement; commend ................................................................................. 2259 HR 806-- Davis, Dr. Edwin; condolences ................................................................. 2259 HR 807-- Hill, Judy; Legislative Fiscal Office; retirement;
commend.................................................................................................... 2259 HR 808-- Travis, Jacob; commend ............................................................................ 2259 HR 809-- Cottrell, Mike and Lynn; commend........................................................... 2259 HR 810-- Orange, Pamela Aquica; condolences ....................................................... 2259 HR 811-- Slayton, Linwood R., Jr.; condolences ...................................................... 2260 HR 812-- Carter, Andrea; commend.......................................................................... 2260 HR 813-- Ward, Pastor James C.; commend ............................................................. 2260 HR 814-- Bentsen, Alan; commend........................................................................... 2260 HR 815-- Reaves, Honorable Henry Lee; condolences ............................................. 2260 HR 816-- Johnigan, Dionne; commend ..................................................................... 2260 HR 817-- Gibson, John Strickland; condolences....................................................... 2260 HR 818-- Owens, Sue Ellen; commend ..................................................................... 2260 HR 819-- Greer Elementary School; Glynn County Golden Rule
Award winners; commend ......................................................................... 2261 HR 820-- Goodyear Elem. School; Glynn County Golden Rule
Award winners; commend ......................................................................... 2261 HR 821-- Oglethorpe Point Elem. School; Glynn County Golden
Rule Award winners; commend ................................................................ 2261 HR 822-- Burroughs-Molette Elem. School; Glynn County
Golden Rule Award winners; commend.................................................... 2261

INDEX

5261

HR 823-- Satilla Elem. School; Glynn County Golden Rule Award winners; commend ......................................................................... 2261
HR 824-- Jennette, Emily; commend and invite to the House of Representatives ...................................................................... 2262, 2648, 2668
HR 825-- Financial Literacy Month; urge state and national officials to support ................................................................ 2646, 2705, 4184, 4251, 4259
HR 826-- House Study Committee on Trans Fat Alternatives for the Georgia Food Industry; create ........................................ 1997, 2647, 2724, 4270
HR 827-- House Study Committee on Unbanked and Underbanked Consumers; create ..................................................... 2647, 2705
HR 828-- House Study Committee on Interstate Gas Capacity Planning; create..................................................................... 2704, 3436, 4181, 4259
HR 829-- Doremus, Honorable Ogden; condolences ................................................ 2694 HR 830-- Patel, Himali; commend ............................................................................ 2694 HR 831-- Moss, Reverend Marvin A.; commend...................................................... 2694 HR 832-- Kennedy-Gregory family; commend......................................................... 2694 HR 833-- Schunior, Emily; commend ....................................................................... 2694 HR 834-- Lewis, Myke'la Lee; commend.................................................................. 2694 HR 835-- Ray, Philip; commend................................................................................ 2694 HR 836-- Ray, Mark; commend ................................................................................ 2695 HR 837-- White, Reverend Charles Lee, Jr.; commend ............................................ 2695 HR 838-- Kelly, Lelia; condolences .......................................................................... 2695 HR 839-- Jensen, Lounell B.; commend.................................................................... 2695 HR 840-- Tucker, William (Bill) E.; commend......................................................... 2695 HR 841-- Clotfelter, Kathi; commend ....................................................................... 2695 HR 842-- Platt, Lisa; commend ................................................................................. 2695 HR 843-- Citizens Bank of Swainsboro 2006-2007 Student
Advisory Board; commend........................................................................ 2695 HR 844-- Bergen, Colonel Joseph Bodell; condolences............................................ 2695 HR 845-- "Airborne Heritage Day"; August 16, 2007; recognize............................. 2696 HR 846-- Guisasola, Tony; commend ....................................................................... 2696 HR 847-- Carter, Benjamin Hill; condolences........................................................... 2696 HR 848-- Shirley, Lewis William; condolences ........................................................ 2696 HR 849-- McLeod, Mr. Thomas Everette; condolences............................................ 2696 HR 850-- Gordon, Susan; commend.......................................................................... 2696 HR 851-- LaFayette High School wrestling team; commend and
invite to House ................................................................................. 2697, 2700

5262

INDEX

HR 852-- Gordon, Susan; invite to House ....................................................... 2697, 2700 HR 853-- Buckhead Coalition; Ethanol fuel production; commend ............... 2697, 2700 HR 854-- Vaughn, Beverly; commend and invite to House...................................... 2697 HR 855-- Civic education in public schools; commend ....................... 2698, 4164, 4170,
4269 HR 856-- Legislative sessions; length; provide - CA ...................................... 2704, 3436 HR 857-- Williams, J.T.; commend and invite to House........................................... 2723 HR 858-- Security and Prosperity Partnership of North America;
urge Congress to withdraw .............................................................. 3434, 3786 HR 859-- Verner, Henry Scott; honor........................................................................ 2760 HR 860-- Hanson, Larry; commend .......................................................................... 2760 HR 861-- Langley, Richard Dwight; condolences..................................................... 2760 HR 862-- Athens Banner-Herald; 175th birthday; commend.................................... 2760 HR 863-- McGowan, Colonel John E.; commend..................................................... 2761 HR 864-- North Hall High School; Gainesville; 50th anniversary;
recognize.................................................................................................... 2761 HR 865-- Pierce County, Georgia; certain citizens; outstanding
service; commend ...................................................................................... 2761 HR 866-- Holmer, Dale; commend............................................................................ 2761 HR 867-- Grinstein, Gerald; Delta Air Lines; outstanding
leadership; commend ................................................................................. 2761 HR 868-- Marksmen Quartet, The; 40th anniversary; commend .............................. 2761 HR 869-- West, Mr. James Nathan and Mrs. Peggy Mays;
commend.................................................................................................... 2761 HR 870-- Faulkner, Dawn; commend........................................................................ 2761 HR 871-- Hou, Liang; commend ............................................................................... 2762 HR 872-- Schmidt, Craig; commend ......................................................................... 2762 HR 873-- Henson, Brett Russell; commend .............................................................. 2762 HR 874-- House Interns; 2007 Session; commend.................................................... 2762 HR 875-- House temporary employees; 2007 Regular Session;
commend.................................................................................................... 2762 HR 876-- Burnette, James, Sr.; condolences ............................................................. 2762 HR 877-- Conn, Thomas Richard "Rick", Sr.; commend.......................................... 2762 HR 878-- O'Neal, June; commend ............................................................................. 2762 HR 879-- Brinkley, Austin Cole; Big Bend Regional Spelling Bee
Champion; recognize ................................................................................. 2762 HR 880-- Burnette, James; condolences.................................................................... 2763 HR 881-- Wildlife Management Area land acquisition program;
reallocation of funds; urge ............................................................... 3434, 3786 HR 882-- Regional grand juries; creation; provide - CA................................. 3435, 3786

INDEX

5263

HR 883-- "Drinking Water Security Day"; January 29, 2008; recognize.................................................................................................... 3417
HR 884-- Carson, Dr. Benjamin; commend .............................................................. 3417
HR 885-- Proposed merger of two satellite radio providers; urge Attorney General to oppose ............................................................. 3435, 3786
HR 886-- State of Georgia; establish National Bio and AgroDefense Facility; urge to continue efforts ............................... 3435, 3786
HR 887-- Georgia Department of Agriculture; ban production, use, and sale of certain plants; urge ................................................. 3435, 3786
HR 888-- DeKalb County School Board; International Community School; use of certain property; urge........................... 3435, 3786
HR 889-- Mayers-Kelley, Davidayon; condolences.................................................. 3504
HR 890-- Goodman, Reverend Charles E., Jr.; Tabernacle Baptist Church; commend...................................................................................... 3504
HR 891-- Tran, Mai Thi Xaun; A'Sherrie Wisrael; STAR student & teacher; commend.................................................................................. 3505
HR 892-- Timler, Mr. Jeff; commend........................................................................ 3505
HR 893-- Guanglie, Honorable Mao; Mayor of Ningbo; commend ......................... 3505 HR 894-- Yunlai, Mr. Lai; Lehui Enterprises; Ningbo, Peoples
Republic of China; commend .................................................................... 3505 HR 895-- O'Kelley, Hayden; commend..................................................................... 3505 HR 896-- Sanford, Paul; commend............................................................................ 3505
HR 897-- Temcor; Georgia's Manufacturer of the Year; commend.......................... 3505
HR 898-- South Effingham High School robotics team; commend .......................... 3505
HR 899-- Hall, Mildred and Wayne; 60 years marriage; commend.......................... 3505
HR 900-- Taxation; comprehensive revision; abolish most state and local taxes; fair tax; provide - CA............................................. 3436, 3786
HR 901-- Doughtry, Mr. William; commend ............................................................ 3506
HR 902-- Underhill, Casey; commend ...................................................................... 3506
HR 903-- Angel, Eric Lewis; commend .................................................................... 3506
HR 904-- Day, Robert Lewis; commend ................................................................... 3506 HR 905-- Burham, Ms. Leigha; commend ................................................................ 3506
HR 906-- Weaver, Sharon Melody; commend .......................................................... 3506
HR 907-- "Buddy Poppy Day"; VFW Post 4911; Floyd County; commend.................................................................................................... 3506
HR 908-- Perry, Dr. Alan; commend......................................................................... 3506
HR 909-- Jones, Ms. Gail; commend......................................................................... 3506
HR 910-- Myers, Madeline; commend ...................................................................... 3507
HR 911-- Roberts, Ms. Phaedra; Trion Elementary School; commend.................................................................................................... 3507
HR 912-- Mathis, Ms. June; commend ...................................................................... 3507

5264

INDEX

HR 913-- Parris, Nic; commend ................................................................................ 3507 HR 914-- Burdick, Trevor; commend........................................................................ 3507 HR 915-- Poole, Mike; commend .............................................................................. 3507 HR 916-- Helms, Season; Trion High School Debate Team;
commend.................................................................................................... 3507 HR 917-- Kunzelman, Cameron; Trion High School Debate
Team; commend ........................................................................................ 3507 HR 918-- McWhorter, Joseph; Trion High School Debate Team;
commend.................................................................................................... 3507 HR 919-- Trobaugh, Coach Kevin; Trion High School Debate
Team; commend ........................................................................................ 3507 HR 920-- Allred, Caleb; Trion High School Debate Team;
commend.................................................................................................... 3508 HR 921-- Eleam, Allen "Butch"; Volunteer Firefighter; commend .......................... 3508 HR 922-- Morris Brandon Elementary; commend .................................................... 3508 HR 923-- John Hancock Academy; commend .......................................................... 3508 HR 924-- deBeaugrine, Charlie and Jo; golden wedding
anniversary; commend............................................................................... 3508 HR 925-- Georgian families; commend..................................................................... 3508 HR 926-- 25x'25 National Organization; commend .................................................. 3508 HR 927-- Taylor, Stacey L; commend....................................................................... 3508 HR 928-- Junction City Baptist; centennial anniversary; celebrate........................... 3509 HR 929-- Jonesboro High School mock trial team; commend .................................. 3509 HR 930-- Geoffrion, Officer Geoffrey S.; Clarkston Police
Department; commend............................................................................... 3509 HR 931-- Chipoco, Officer Carlos; Clarkston Police Department;
commend.................................................................................................... 3509 HR 932-- Berns, Mr. Glenn; condolences ................................................................. 3509 HR 933-- Dobbs, Mr. Byron L.; commend................................................................ 3509 HR 934-- Shackelford, Mrs. Lenore G.; commend ................................................... 3509 HR 935-- Caston, Charles Scott; condolences........................................................... 3509 HR 936-- Tillman, Reverend Thurmond N.; commend............................................. 3510 HR 937-- Thompson, Virginia; condolences ............................................................. 3510 HR 938-- Thompson, G. Brian; condolences............................................................. 3510 HR 939-- Durden, Mr. F. Dickson; condolences ....................................................... 3510 HR 940-- Autism Speaks Foundation; Annual Walk for Autism in
Atlanta; May 19, 2007; recognize ............................................................. 3510 HR 941-- Robinson, Mr. John Roosevelt "Jackie"; commend .................................. 3510 HR 942-- Graves, Charles and Sara Brooks; commend ............................................ 3510 HR 943-- Blacksburg, Virginia; express regret ......................................................... 3510

INDEX

5265

HR 944-- Robinson, Coach Eddie; commend............................................................ 3511 HR 945-- Miolen, Rebecca; condolences .................................................................. 3511 HR 946-- Collins, Mr. Royce Everett; commend ...................................................... 3511 HR 947-- Welch, Bobby W.; commend..................................................................... 3511 HR 948-- Curney, Senior Pastor Jesse III; New Mercies Christian
Church; commend...................................................................................... 3511 HR 949-- Suber, Ethan; commend............................................................................. 3511 HR 950-- Wells, Tim; commend................................................................................ 3511 HR 951-- Kirbow, Derek; commend ......................................................................... 3511 HR 952-- Dailey, Farrie; commend ........................................................................... 3512 HR 953-- Burgess, Kenya; commend ........................................................................ 3512 HR 954-- Turner, Mr. Lamar; commend ................................................................... 3512 HR 955-- Effingham County Tax Structure Study Committee;
create ...................................................................................... 3772, 4181, 4269 HR 956-- Taxpayer Protection Amendment of 2007; enact - CA ............................. 3772 HR 957-- Munson, Larry; Voice of the Georgia Bulldogs;
commend and invite to House ................................................................... 3784 HR 958-- Clark, Ryan; condolences .......................................................................... 3760 HR 959-- Rockingham Pecans; commend................................................................. 3760 HR 960-- Wood, Ellis; Ellis Wood Support Team; commend .................................. 3760 HR 961-- George Walton Academy literacy & music, one act play
and debate teams; commend ...................................................................... 3761 HR 962-- Daylily Society, Cobb County; commend ................................................. 3761 HR 963-- Arc Cobb; commend.................................................................................. 3761 HR 964-- Georgia Iris Society; "Iris Day"; April 28, 2007;
commend.................................................................................................... 3761 HR 965-- Mixon, Eunice; commend.......................................................................... 3761 HR 966-- Woodward, Juilett Ronnell; commend ...................................................... 3761 HR 967-- Cleveland, Anna; commend....................................................................... 3761 HR 968-- Holley, Josh; commend.............................................................................. 3761 HR 969-- McHugh, Jennifer; commend .................................................................... 3762 HR 970-- University of Georgia Gymnastics Team; commend ................................ 3762 HR 971-- Olens, Mr. Sam; commend ........................................................................ 3762 HR 972-- Cobb County Prayer Breakfast; commend ................................................ 3762 HR 973-- Uga; line of mascots; commend ................................................................ 3762 HR 974-- Republic of Kenya; delegation of legislators; commend........................... 3762 HR 975-- Youmans, Robert "Bob" Edward, Jr.; commend....................................... 3762 HR 976-- Day, Madison Noelle; first birthday; commend ........................................ 3762 HR 977-- Law Day; State of Georgia; commend ...................................................... 3763 HR 978-- Caribbean American Heritage Month; recognize ...................................... 3763

5266

INDEX

HR 979-- University of Georgia Women's Track Team; commend.....................................3763 HR 980-- Swilley, Bishop Jim; Church in the Now; commend ...........................................3763 HR 981-- Peacock, Jonathan; 2007 Prudential Spirit of Community
Award; commend .................................................................................................3763 HR 982-- University of Georgia men's tennis team; commend............................................3763 HR 983-- University of Georgia Men's Golf Team; commend ............................................3763 HR 984-- University of Georgia Women's Swimming and Diving
Team; commend ...................................................................................................3764 HR 985-- Gardner, G. Max; Baxley News-Banner; commend ............................................3764 HR 986-- Armstead, Larry; Holly Carver; Clayton County; STAR
student and teacher; commend .............................................................................3764 HR 987-- Blee, Myron Roy; condolences ............................................................................3764 HR 988-- McDaniel, April; commend..................................................................................3764 HR 989-- Tucker, Cynthia; Pulitzer Prize; congratulate ......................................................4164 HR 990-- Bishop, Professor Jamie; condolences .................................................................4164 HR 991-- Forsyth, Mr. Robert Morrison; outstanding Georgia citizen;
commend ..............................................................................................................4165 HR 992-- "Africa Day" in Georgia; recognize .....................................................................4165 HR 993-- Morris, Rever; commend......................................................................................4165 HR 994-- Armuchee Middle School Student Council; commend ........................................4165 HR 995-- Hartmann, Dr. Kamillo F.; "Honorary Citizen of Georgia";
commend ..............................................................................................................4165 HR 996-- Thomas, Head Coach Tommy; Valdosta State University;
commend ..............................................................................................................4165 HR 997-- McCollum, Mr. Tommy Mayes; commend..........................................................4165 HR 998-- Gilstrap, Ms. Sandra Ann; condolences ...............................................................4166 HR 999-- Lovett, William "Bill" Ervin; condolences...........................................................4166 HR 1000-- Nordan, David E.; condolences ............................................................................4166 HR 1001-- Greek Orthodox Metropolis of Atlanta; commend ..............................................4166 HR 1002-- Chamlee, John & Adele; 60th wedding anniversary;
congratulate ..........................................................................................................4166 HR 1003-- Athens YMCA; 150th anniversary; celebrate ......................................................4166 HR 1004-- Carlos, Mrs. Eula Caras; commend ......................................................................4166 HR 1005-- Fryer, Colonel Gwendolyn; commend .................................................................4166 HR 1006-- Whalen, Judge Andrew J., Jr.; condolences .........................................................4167 HR 1007-- Music, Ernest Kendall, Jr.; commend ..................................................................4167 HR 1008-- Smith, James Jackson "Jack"; commend..............................................................4167 HR 1009-- Barrett, Jamie Marie Bevilacqua; commend ........................................................4167 HR 1010-- Mount Paran Christian School Cheerleading Squad;
commend ..............................................................................................................4167

PART IV
SENATE BILLS IN HOUSE
SB 1-- Sexual Offenders; unlawful to photograph minors; penalties (PF) .............................................................................. 430, 432, 458, 2706
SB 5-- Secure and Verifiable Identity Document Act; drivers' licenses; provisions (PF)............................................................. 379, 381, 391, 2001, 3472, 3948
SB 8-- Property Tax Assessments; appeals; payment of interest; provisions (PF)....................................................................... 227, 251
SB 9-- Grade Integrity Act; provide ethical violation; statutory construction (PF)......................................................................... 460, 461, 510, 1991, 3490, 5012
SB 10-- Georgia Special Needs Scholarship Act (PF).......................... 273, 286, 2017, 4171, 5013
SB 11-- Superior/State Court Judges; military duty; eligible for reelection (PF)...................................................................................... 199, 207
SB 12-- Budget Act; provide periodic application of zero-base budgeting (PF) ............................................................................. 824, 827, 899
SB 14-- Superior Court Clerks; personal property filing fees; sunset dates (PF) ....................................................................... 253, 268, 2000, 4106
SB 15-- Drivers' Licenses; suspended; change certain provisions (PF) ............................................................................................. 208, 209, 224, 2000, 3492, 4115, 5013
SB 16-- Animal Fighting Act; change certain provisions (PF)................. 912, 917, 990 SB 17-- Optometrists; authorize to prescribe oral/topical
pharmaceutical (PF).................................................................... 380, 381, 391, 637, 1818, 1877,
1973, 2017, 2018, 2700, 2790
SB 18-- Court-Connected Alternative Dispute Resolution; add municipal courts........................................................................... 199, 200, 207
SB 19-- Transportation, Department of; pay costs of removal; certain utility facilities ................................................................ 208, 209, 224, 2042, 4108

5268

INDEX

SB 23-- Sentencing Procedure; probation court consider prisoner's legality in U.S............................................................. 515, 517, 536, 1885, 3497
SB 24-- Computer Security; persons falsely identifying themselves to be business ........................................................... 208, 210, 224, 1925
SB 27-- Vessels; abandoned; revocation of certificates of number have not been redeemed ................................................ 668, 669, 715, 1924
SB 29-- Budget/Financial Affairs; create state budget website for public to view......................................................................... 825, 827, 899
SB 30-- Armed Forces; members; prohibit certain uses of names/pictures; penalties ............................................................. 721, 724, 791
SB 31-- Port Wentworth, City of; city council districts; definitions and inclusions ..................................................... 1889, 1898, 1923, 2743, 3380, 3945
SB 32-- Doraville, City of; change the corporate limits of the city ............................................................................................... 430, 432, 458
SB 33-- Emergency Management; state-wide first responder building mapping ................................................................... 1414, 1420, 1749
SB 34-- Penal Institutions; possession of photograph of victims; prohibit........................................................................................ 395, 396, 424, 2000, 2732, 3945
SB 38-- Motor Vehicles; vehicle registration; require driver's license/id card ............................................................................. 460, 462, 510, 1854, 2734
SB 39-- Charter Systems Act; establishment of charter schools.............. 324, 325, 349, 901, 4986, 5013
SB 40-- Elections; fraudulent acts; increase penalties ............................. 380, 382, 391, 2706, 4048, 5014
SB 42-- Child Support Recovery; collections; Dept. of Human Resources to impose fees........................................................ 996, 1001, 1375, 1925, 2677
SB 44-- Georgia Fire Officer Development Act; fire officer development training .................................................................. 324, 326, 349, 905
SB 45-- Chronic Kidney Disease Task Force; establishment; develop a plan for education........................................................ 324, 326, 349
SB 46-- Cook County; board of education; compensation of board members; provision .......................................................... 913, 917, 990, 2743, 3382

INDEX

5269

SB 48-- Penal Institutions; transmittal information on convicted persons ........................................................................................ 515, 517, 536, 2002
SB 49-- Labor, Dept. of; transfer of Rehab. Services; services/tech. to deaf-blind ......................................................... 460, 462, 510, 1999, 3379
SB 50-- Notaries Public; shall be legal resident of United States; provide penalty ...................................................................... 1542, 1765, 1797
SB 52-- DeKalb County; authority of chief executive officer; county commission; prov............................................................. 515, 517, 536
SB 54-- Offenses; incest; provide for gender neutrality .......................... 380, 382, 391, 1925
SB 55-- Alcoholic Beverages; resealed partially consumed bottle of wine; uniform rules ....................................................... 825, 827, 899
SB 57-- Ray Biddy and Gene Mullis Act; renal disease facilities and personnel .............................................................................. 355, 356, 378, 1998
SB 58-- Taxes; payment where property lies in more than one county; repeal prov. ..................................................................... 461, 462, 510
SB 60-- Georgia Trauma Commission; establish..................................... 618, 620, 656, 2699, 3464
SB 61-- Child-Placing Agency; require petitioner to submit to criminal history check................................................................. 395, 396, 424, 1925, 2678
SB 62-- Georgia Crime Information; provide conditions for requesting criminal history ......................................................... 516, 518, 536, 1925, 3370, 5022
SB 67-- Superior Courts; specify costs not be considered contingent expenses ............................................................... 1414, 1420, 1749
SB 68-- Career Academies Act; disbursement of funds; charter schools ........................................................................................ 325, 326, 349, 638
SB 70-- Financial Institutions; update banking laws to reflect changes in federal law................................................................. 430, 432, 458, 1852, 1936, 2667
SB 71-- Special Elections; questions to the voters shall be held on certain dates ........................................................................... 395, 397, 424, 2698
SB 72-- Quality Basic Education Act; school administrative managers; financial affairs.......................................................... 516, 518, 536, 2017, 2744, 3949
SB 73-- Health Care Plans; continued access to care; enrollees; definitions .............................................................................. 1674, 1765, 1797

5270

INDEX

SB 75-- Scholarships; postsecondary; minimum state-wide standards for honor courses ................................................... 1569, 1765, 1797
SB 77-- Commercial Vehicles; local tag agents; International Registration Plan..................................................................... 996, 1001, 1375, 2001, 3465
SB 79-- Criminal Attempt; increase maximum punishment for convictions; felonies ................................................................... 575, 577, 613, 1925, 2789
SB 80-- Public Retirement Systems; define terms; alternative investments ............................................................................ 1414, 1420, 1749
SB 81-- Special Licenses; 100 years of scouting; Boy Scouts of America....................................................................................... 575, 577, 613, 1854, 1905, 1925, 2679, 5014
SB 82-- Dunwoody, City of; incorporation, boundaries, and powers of the city........................................................................ 431, 433, 458, 2698, 3696
SB 83-- Municipalities; change certain local government provisions.................................................................................... 431, 433, 458, 2723, 4002
SB 84-- Insurance; protect members of United States armed forces; unscrupulous practices .................................................... 619, 621, 656, 1998, 3493, 4122
SB 86-- Safety Belts; passenger vehicles; eliminate certain exceptions to the required ............................................................ 913, 917, 990
SB 87-- Highway System; Dept. of Transport.; RV friendly markers........................................................................................ 432, 434, 458, 2042, 2735
SB 88-- Care of a Grandchild Act; creation............................................. 913, 918, 990, 1925
SB 89-- Georgia Townships Act; creation .......................................... 1569, 1766, 1797
SB 90-- City of Hampton Public Facilities Authority; outstanding debt; Henry County................................................. 461, 463, 510, 2743, 3382
SB 91-- Traffic Offenses; fleeing; police vehicle; punishment; provisions.................................................................................... 913, 918, 990, 2000
SB 92-- Commissioner, Revenue; powers/duties; sales/use taxes; collection of data ............................................................... 575, 577, 613
SB 94-- Dispossessory Proceedings; clarify the process for judgments by defaults ................................................................. 461, 463, 510, 2705, 4002, 5014

INDEX

5271

SB 95-- Cigarettes/Tobacco; minors; unlawful to attempt purchase; vending machines ....................................................... 619, 621, 656, 1853, 2687, 2721
SB 96-- Drug-Free Work Programs; provide for onsite/oral testing.................................................................................... 1543, 1766, 1797, 1999, 4110
SB 97-- Criminal Trial Proceedings; require parties to raise specific objections to jury ............................................................ 576, 578, 613
SB 98-- Crimes/Offenses; GBI; offenses against minors......................... 914, 918, 990, 1925, 2736, 3420, 3574, 3693, 3751, 3757, 3924
SB 100-- Crime; knowingly manufacturing false identification; increase penalties ........................................................................ 914, 919, 990, 1925, 4014
SB 101-- Agricultural Facilities; redefine a term....................................... 914, 919, 990, 1925, 3367
SB 102-- Chiropractors; define terms; unlicensed practice; change penalties.................................................................... 1674, 1766, 1797, 3532, 4251, 5014
SB 103-- O.C.G.A; correct errors/omissions ............................................. 721, 724, 791, 1750, 1871
SB 104-- O.C.G.A; correct errors/omissions; Title 47............................... 721, 725, 791, 1750, 1873
SB 106-- Bonds; surety for good behavior; extend the period............... 997, 1002, 1375, 2000, 3469
SB 107-- Richmond County, City of; second division's jurisdiction; create third court..................................................... 619, 621, 656, 2743, 3382
SB 109-- Insurance; definitions; include plan administrators in prompt pay requirements ...................................................... 1674, 1767, 1797, 2256
SB 111-- University System; revenue collected from tuition shall not lapse ................................................................................. 1414, 1421, 1749
SB 113-- Insurance; appointment of agents; authorized insurer; background checks................................................................ 1674, 1767, 1797, 2000
SB 114-- Real Estate Brokers; criminal convictions; time periods shall pass; licensure .................................................................... 668, 669, 715, 2002, 4273, 5015
SB 115-- Residential/General Contractors; revise the licensure provisions.................................................................................... 825, 828, 899, 2002, 3513, 3944

5272

INDEX

SB 116-- State Forestry Commission; qualifications of the director; change provisions......................................................... 826, 828, 899, 1926, 3369
SB 120-- State Properties; acquisitions of real property; remove exceptions .................................................................................. 668, 670, 715, 2002
SB 122-- Education; annual performance evaluations; signature of evaluator ........................................................................... 1570, 1767, 1797, 2017, 4966
SB 123-- Local Boards of Education; require twins in same classroom; parent request...................................................... 1415, 1421, 1749, 2017, 4111, 5015
SB 124-- O.C.G.A.; correct errors/omissions; Title 21.............................. 722, 725, 791, 1750, 1874
SB 125-- Motor Vehicles; instruments charging violations of speed reg.; two-lane/highway ................................................ 1675, 1767, 1797
SB 126-- Decatur County School Building Authority; create ................... 576, 578, 613, 660, 663, 2743, 3390
SB 128-- Child Advocate, Office of; provide confidentiality of records......................................................................................... 722, 725, 791, 2000, 3498, 3689, 5015
SB 130-- Georgia Building Authority; general provisions; operational powers................................................................... 997, 1002, 1375
SB 131-- Subsequent Injury Trust Fund; payment of assessments; change certain provisions............................................................ 722, 726, 791, 1999, 2752
SB 132-- Tax Returns; local law; establish a different time ................. 1415, 1421, 1749
SB 134-- Hospital; acquisitions; notice to Attorney General; change certain prov............................................................... 1415, 1422, 1749, 2647
SB 135-- Reproduction/Recorded Material; increase penalties; provide forfeiture ........................................................................ 914, 919, 990, 2000, 4005, 4057, 5016
SB 139-- Georgia Public Defender Standards Council; transfer from judicial to executive ..................................................... 1415, 1422, 1749, 1885, 2764
SB 144-- Group Insurance Benefits; Title 20 and Title 45; Internal Revenue Code........................................................... 1722, 1768, 1797

INDEX

5273

SB 145-- Crime/Sentencing; persons convicted of murder; imposition of life w/o parole................................................. 1415, 1422, 1749, 2000
SB 146-- Public Works Bidding; definitions; advertisement of contract opportunities ........................................................... 1416, 1423, 1749, 2002, 2753, 3949
SB 147-- Gwinnett County Storm-water Authority; create ....................... 915, 919, 990, 2743, 3391, 3944
SB 148-- Saving the Cure Act; create ................................................. 1416, 1423, 1749, 3419, 3789, 4008, 5016
SB 149-- Probate Court of Floyd County; office of judge; nonpartisan elections................................................................... 915, 920, 990, 2018
SB 152-- Clarkesville, City of; change corporate limits ......................... 997, 1002, 1375
SB 153-- Georgia Consumer Driven Health Insurance Plan ................ 1416, 1423, 1749
SB 154-- Municipal Corporations; agreements with solid waste collection firms ...................................................................... 1416, 1424, 1749
SB 156-- Retirement; counties, municipal corporations; postemployment benefits............................................................. 1723, 1768, 1798, 1926, 2671, 3945
SB 157-- Gasoline Additives; provide for grants; E-85 gasoline for retail sale ............................................................................... 915, 920, 990, 2001, 2724, 5016
SB 158-- Gwinnett Judicial Circuit; salary supplements for the judges; change provisions........................................................... 722, 726, 791, 2743, 3382, 3946
SB 161-- Retirement; disability benefits; physical exam of beneficiary; delete prov. ......................................................... 997, 1003, 1375, 2691
SB 162-- Retirement; member; disability benefit; actual years of creditable service .................................................................... 998, 1003, 1375, 1885, 4969
SB 165-- Agricultural Commodity Commissions; ratification of commissions; provisions......................................................... 998, 1003, 1375, 1998, 2758
SB 168-- Deaf Child's Bill of Rights Act; communication needs of a deaf student...................................................................... 998, 1004, 1375, 1991, 4302
SB 169-- Ga. Student Finance Authority; direct loans; postsecondary schools; 1% annually ..................................... 1417, 1424, 1749

5274

INDEX

SB 170-- Quality Basic Education Act; foreign language requirements............................................................................ 999, 1004, 1375, 1991, 4303
SB 172-- Georgia Retiree Health Benefit Fund; reports to the board of community health ................................................... 1724, 1768, 1798, 1902, 1998, 4304
SB 173-- Pipeline Companies; exempt certain acquisitions of add. pipeline right of way .................................................................... 915, 920, 990
SB 174-- Public Officers/Employees; development of medical/physical fitness standards ....................................... 1417, 1424, 1749, 2698
SB 175-- State Government; meaning of criminal action; Dept. of Admin. Services...................................................................... 999, 1004, 1375, 2698
SB 176-- State Forestry Commission; reports to General Assembly; change certain prov............................................. 1417, 1424, 1749, 1926, 3470
SB 177-- Superior Courts; Pike County in Griffin Circuit; change certain terms of court ............................................................ 1417, 1425, 1749, 2000, 3372
SB 178-- Pharmacy, State Board of ; mails/common carriers; license ................................................................................... 1418, 1425, 1749, 2699
SB 182-- Torts; asbestos/silica claims; change provisions .................. 1570, 1769, 1798, 2000, 2765, 5016
SB 183-- Insurance; authorize agents to charge/collect certain fees ........................................................................................ 1724, 1769, 1798, 2256
SB 184-- Income Taxes; definitions; modify the computation of deductible bus. expenses....................................................... 1418, 1425, 1749, 2002, 4962, 5017
SB 185-- Watercraft; certificate of number; purchased outside GA; sales tax paid ................................................................. 1418, 1425, 1749, 2002
SB 186-- City of Homerville Water and Sewer Authority; create ............. 723, 726, 791, 2743, 3403, 3946
SB 187-- Environmental Advisory Council; applications for certain variances; provisions.................................................. 1724, 1769, 1798
SB 188-- Foster Parents Bill of Rights; children privately placed; admin. hearing ............................................................................ 916, 921, 990, 2000, 4041, 5017

INDEX

5275

SB 190-- Pretrial Proceedings; insanity/mental incompentency; definitions; evaluation........................................................... 1724, 1770, 1798, 1925, 2669
SB 191-- Buildings; prohibit the naming of any public building for Sen. Robert Brown ........................................................... 1734, 1770, 1798
SB 192-- Motor Vehicle Accident Reparations; valid certificate of self-insurance..................................................................... 1735, 1770, 1798
SB 193-- Local Government; employment benefits for county members; general provisions ................................................ 1418, 1426, 1749, 2698, 4957, 5017
SB 194-- Election; county election superintendent; tabulation of absentee ballots ..................................................................... 1418, 1426, 1749, 3437, 4285, 5017
SB 200-- Georgia Smart Infrastructure Growth Act; creation ............. 1657, 1770, 1798, 1923, 2691, 3536, 4187, 5018
SB 202-- Mattie's Call Act; revise/redesignate Article 7 ....................... 999, 1005, 1375, 2706
SB 203-- Secondary Metals Recyclers; public utilities/transportation; increase penalties............................. 1419, 1426, 1749, 1885, 3374, 5018
SB 204-- Health; board for distribution/delivery of dead bodies; change certain prov............................................................... 1544, 1771, 1798, 1998, 4956
SB 205-- Prescription Medication Integrity Act .................................. 1735, 1771, 1798, 2000, 3537, 3693, 3856, 4030, 4034, 4922, 5007
SB 209-- Augusta Judicial Circuit; judges of Superior Court; supplement; change prov. ........................................................... 826, 828, 899, 1925, 2668
SB 210-- Secretary of State; authorize to designate/establish facilities................................................................................. 1675, 1771, 1798, 2002, 3531
SB 212-- Public Records; disclosure to the news media; public employees ............................................................................. 1419, 1427, 1749, 2000, 4046, 5018
SB 213-- Insurance Commissioner; waive retaliatory obligations, prohibitions ........................................................................... 1735, 1772, 1798, 2256
SB 218-- Homestead; exemption; certain disabled persons; total value....................................................................................... 1735, 1772, 1798

5276

INDEX

SB 219-- Offenses; seizure of motor vehicles by person to facilitate sexual offenses........................................................ 1735, 1772, 1798
SB 220-- Warehousemen; agricultural warehouse receipt requirements; provisions....................................................... 1419, 1427, 1749, 1998, 3377
SB 222-- Advanced Practice Registered Nurse; revise definition; licensed registered nurse......................................................... 999, 1005, 1375, 1998, 4015
SB 223-- Judges; compensation/grants for judicial salaries; change certain prov............................................................... 1736, 1773, 1797, 2000
SB 224-- Motor Vehicles; commercial vehicle and fleet policy; change the definition............................................................. 1759, 1773, 1797, 1884, 2024, 5019
SB 225-- Redevelopment; require training with programs; Redevelopment Powers Training.......................................... 1736, 1773, 1797, 1999, 3533, 3944
SB 226-- Qualified Soil Scientists; evaluations/reports shall be accepted by DNR/DHR ........................................................ 1736, 1773, 1797, 2001, 3466
SB 227-- Clarkesville, City of; new charter......................................... 1000, 1005, 1375, 2743, 3384
SB 231-- Norcross, City of; authorize to exercise all redevelopment/other powers....................................................... 916, 921, 990, 2743, 3384
SB 232-- Court Reports; remove requirement; publishing a volume of rules ..................................................................... 1736, 1774, 1797, 2648
SB 234-- Secretary of State; collect a filing fee for certificates of conversion............................................................................. 1675, 1774, 1797, 1925, 3495
SB 235-- Corrections, Dept. of; certified correctional employees; badges ................................................................................... 1675, 1774, 1797, 1927, 2688, 5019
SB 236-- Georgia Personal Identity Protection Act ............................. 1759, 1775, 1797, 2000, 4016, 4167, 4250, 5021
SB 237-- Architecture; establish min. training requirements to qualify for certification ......................................................... 1543, 1775, 1797, 2002, 3360, 3944
SB 238-- Evidence; tampering; remove requirement; offense involve another person.......................................................... 1759, 1775, 1797, 2000

INDEX

5277

SB 239-- Farm Laborers; provide a definition ..................................... 1759, 1776, 1797, 1999
SB 242-- Chattooga County; homestead exemption; based on income for certain residents.................................................. 1000, 1005, 1375, 2743, 3384
SB 243-- Ethics in Government Act; change provisions ...................... 1658, 1776, 1797
SB 244-- Town of Tallulah Falls; town council; quorum/voting; provisions.............................................................................. 1000, 1006, 1375, 2743, 3384
SB 246-- Buildings; advisory committee on industrialized buildings; appointment/vacancies......................................... 1760, 1776, 1797, 1999, 3529
SB 247-- Cobb County, State Court of; change compensation of judges .................................................................................... 1000, 1006, 1375, 2743, 3385
SB 248-- Cobb County, State Court of; change compensation of solicitor-general .................................................................... 1000, 1006, 1375, 2743, 3385
SB 249-- Sexual Offender Registration Review Board; register with sheriff of any county..................................................... 1760, 1777, 1797, 2706
SB 251-- Motor Vehicles; website for stolen/towed motor vehicles; Dept. of Revenue ................................................... 1737, 1777, 1797, 2001, 4024, 5019
SB 254-- Georgia State Indemnification Commission; composition; define certain terms.......................................... 1761, 1777, 1797
SB 258-- Controlled Substances; ban sale of marijuana/hemp flavored candy; penalties ....................................................... 1570, 1778, 1797
SB 261-- Tybee Island, City of; council terms/qualifications for office ..................................................................................... 1001, 1006, 1375, 2743, 3385
SB 263-- Soil/Water Conservation Districts; number/boundaries; provisions.............................................................................. 1762, 1778, 1797, 1926, 3467
SB 264-- Elections; qualify for a party's nomination/run for public office; requirements ................................................... 1760, 1778, 1797, 2698
SB 266-- Judicial Accounting; add a penalty, late fees, and interest for failure to fund ...................................................... 1760, 1779, 1797
SB 267-- Georgia Condominium Act; define terms; declarant shall pay certain expenses...................................................... 1631, 1779, 1797

5278

INDEX

SB 269-- St. Marys, City of; vacancy of any elected office; provide for cert. declaration.................................................. 1001, 1007, 1375, 2743, 3386
SB 271-- Taxes; change the period of time; tax deed shall ripen by prescription ....................................................................... 1761, 1779, 1797
SB 272-- Agricultural; limited liability for owners/operators of farms; agritourim .................................................................. 1632, 1780, 1797, 2706
SB 275-- Agriculture Commissioner; date certain for rules; criminal violations ................................................................ 1761, 1780, 1797, 1998, 3365, 3420, 3607, 3752
SB 276-- Insurance; uninsured motor vehicle; available coverages are inadequate ....................................................................... 1723, 1780, 1797, 2000
SB 280-- Georgia Technology Authority; construction/interpretation of the Code section.................... 1761, 1780, 1797, 1927, 4039
SB 282-- Highway System; alternative tourism routes; creation......... 1543, 1781, 1797, 2042, 3363, 5019
SB 284-- Vehicle Weight/Load; allow operator to comply with weight requirements............................................................... 1761, 1781, 1797
SB 290-- Georgia Aviation Authority Act; create ............................... 1632, 1781, 1797, 2706
SB 295-- Controlled Substances; active chemical ingredient; Salvia divinorum A; unlawful ............................................... 1632, 1782, 1797
SB 298-- Pulaski County; office of probate judge; nonpartisan elections ................................................................................ 1864, 1870, 1884, 1999, 3471
SB 301-- Fulton County Industrial District; create ............................. 1810, 1815, 1852, 3786, 3821, 5020
SB 302-- Forest Park, City of; authorize to exercise all redevelopment/other powers.................................................. 1449, 1782, 1797
SB 303-- Forsyth County; Board of Education; increase the per diem expense allowance ....................................................... 1810, 1815, 1852, 3437, 3439
SB 306-- Greater Fulton Water Authority Act; provide for definitions; powers/duties ...................................................... 1501, 1782, 1797
SB 308-- DeKalb County; board of education members; change compensation ........................................................................ 1810, 1816, 1852, 2743, 3386, 5020

INDEX

5279

SB 309-- State Court of Jefferson County; compensation; judge/solicitor-general; prov................................................. 1810, 1816, 1852, 2743, 3387
SB 310-- Jefferson County; sheriff; compensation; change provisions.............................................................................. 1810, 1816, 1852, 2743, 3387
SB 311-- Burke County; sheriff; change compensation....................... 1811, 1816, 1852, 2743, 3388, 5020
SB 312-- Superior Court of Fulton County; judges; increase amount of supplement........................................................... 1502, 1783, 1797, 2743, 3389
SB 314-- Bibb County Board of Tax Assessors; no person serving; eligible employee..................................................... 1889, 1899, 1923
SB 316-- Newton County; ad valorem taxes; homestead exemption.............................................................................. 1865, 1870, 1884, 2743, 3389
SB 317-- Columbia County; authorize to exercise all redevelopment/other powers................................................. 1865, 1870, 1884, 2743, 3389
SB 319-- Riverdale, City of; authorize to exercise all redevelopment/other powers.................................................. 1890, 1899, 1923
SB 320-- Albany, City of; authorize to exercise all redevelopment/other powers.................................................. 1890, 1899, 1923
SB 322-- Floyd County; board of education; provide compensation of the members .............................................. 2714, 2721, 3436, 3786, 3822
SB 323-- Loganville, City of; exercise all redevelopment/other powers; provide referendum ................................................. 2714, 2721, 3436, 3786, 3822
SB 325-- Atlanta, City of; ad valorem taxes; homestead exemption; increase the amount ................................................................ 4935

PART V
SENATE RESOLUTIONS IN HOUSE
SR 1-- Senate Convened; notify House of Representatives...................................... 16 SR 2-- General Assembly Convened; notify Governor ...................................... 16, 68 SR 6-- State Children's Health Insurance Plan; urge U.S.
Congress to provide funding and ensure reauthorization (PF) ...................................................................................................... 129, 130 SR 9-- Joint Session; inauguration of Governor and Lieutenant Governor ........................................................................................................ 66 SR 20-- Taxation; provide limitations on state government tax and expenditures; definitions CA .......................................... 1420, 1427, 1749 SR 22-- Hospital Health Care Standards Commission; create............ 1541, 1783, 1797 SR 30-- Joint Study Committee on State Stroke System of Care; create ..................................................................................... 1543, 1783, 1797,
1998, 3442 SR 49-- Justice, U.S. Dept. of; urged to oppose the proposed
unsolicited takeover of Delta Air Lines....................................... 209, 210, 224 SR 63-- L. M. Moye, Jr. Memorial Bridge; Stewart County;
dedicate .................................................................................. 1541, 1783, 1797 SR 68-- William H. "Sonny Boy" Skipper Maintenance
Headquarters; dedicate................................................................ 325, 326, 349, 2002, 2727
SR 87-- Human Resources, Dept. of; urged to name district health office building at Northwest Georgia Regional Hospital in honor of Dr. Raymond F. Corpe .............................. 396, 397, 424, 1854, 2727
SR 104-- Eddie Wiggins Bridge; Houston County; dedicate................ 1541, 1783, 1797 SR 125-- Lottery Funds; reserved only for the HOPE Scholarship
Program CA .......................................................................... 1633, 1783, 1797, 2699
SR 126-- Adjournment; relative to...................................................................... 230, 231 SR 130-- Townships; power of zoning/regulation of land use
development; funding CA...................................................... 1723, 1784, 1797 SR 133-- Augusta, Georgia, Environmental Issues; create joint
study committee........................................................................... 724, 727, 791 SR 136-- Emmett Henry Austin Memorial Bridge; dedicate................ 1541, 1784, 1797 SR 139-- Congress; urged to raise allowable deduction for health
savings accounts ................................................................... 1544, 1784, 1798, 2002, 3494

5282

INDEX

SR 154-- Joint Human Services Transportation Study Commission; create................................................................................................1541, 1784, 1798, 2042
SR 229-- Paul Keenan Parkway; Dougherty County; dedicate .......................1541, 1785, 1798
SR 246-- Indigent Defense; create Joint Study Committee ............................1541, 1785, 1798, 2000, 4035, 5020
SR 249-- Public Property; conveyance; granting of easements for facilities, utilities 6 counties .................................................................826, 829, 899, 1927, 3442, 5021
SR 263-- Commuter Rail; Athens to Atlanta; urging U.S. Congress to provide funding .....................................................................................916, 921, 990, 2042
SR 279-- Senate; provide four-year terms of office for members CA...................916, 921, 990
SR 283-- Joint Nonpoint Source Pollution Control Study Committee; create.................................................................................................1542, 1785, 1798
SR 296-- POW Julian Abel Memorial Bridge; dedicating..............................1542, 1785, 1798, 2636, 4260, 5021
SR 301-- Phil Walden Memorial Interchange; dedicating...............................1542, 1785, 1798
SR 309-- Infrastructure Development Districts; provide by general law the creation and comprehensive regulation-CA........................1723, 1786, 1798, 1923, 2691, 3537, 4184, 5021
SR 327-- Joint Atlantic Coastal Beach Preservation and Maintenance Study Committee; create ..................................................................1542, 1786, 1798
SR 355-- Health Care Transformation; create joint study committee..............1542, 1786, 1798
SR 357-- Major Byron S. McGuire, Sr. Memorial Bridge; dedicating...........1542, 1786, 1798, 2636, 2728, 5021
SR 363-- Mental Health Service Delivery Commission; create .....................1542, 1786, 1798, 2647, 4266, 5021
SR 365-- Transportation Funding; create joint study committee....................1544, 1786, 1798, 2042, 4038
SR 400-- Tax Credits for Community Service Contributions-CA...................1570, 1787, 1798
SR 445-- Joint Commercial Sexual Exploitation of Minors Study Commission; create ....................................................................................3504, 3786
SR 622-- Adjournment; relative.................................................................................1934, 1935
SR 677-- Boards of Trustees; various retirement systems in the state; urged not to invest in companies included in terrorism sanctions .....................................................................................................3783, 4034